Florida Senate - 2011                                    SB 1620
       
       
       
       By Senator Flores
       
       
       
       
       38-00506A-11                                          20111620__
    1                        A bill to be entitled                      
    2         An act relating to K-12 educational instruction;
    3         amending s. 163.3180, F.S.; conforming cross
    4         references to changes made by the act; amending s.
    5         1002.20, F.S.; adding statewide virtual providers to
    6         the list of public school choices; amending s.
    7         1002.33, F.S.; authorizing the creation of a virtual
    8         charter school; requiring the virtual charter school
    9         to contract with an approved statewide virtual
   10         provider; providing for funding of the virtual charter
   11         school; providing that specified provisions governing
   12         facilities and transportation do not apply to a
   13         virtual charter school; providing for a blended
   14         learning charter school; defining the term; exempting
   15         blended-learning charter schools from the application
   16         process required of other institutions that wish to
   17         become statewide or district virtual instruction
   18         program providers; providing for funding; authorizing
   19         the sponsoring district of a virtual charter school to
   20         withhold a specified administrative fee to cover the
   21         cost of oversight; amending s. 1002.34, F.S.;
   22         conforming cross-references to changes made by the
   23         act; amending s. 1002.37, F.S.; redefining the term
   24         “full-time equivalent student” as it applies to the
   25         Florida Virtual School; amending s. 1002.41, F.S.;
   26         providing that home education students may enroll in
   27         certain virtual education courses or courses offered
   28         in the school district in which they reside; amending
   29         s. 1002.45, F.S.; expanding the scope of virtual
   30         education programs; providing legislative findings and
   31         purpose; providing definitions; requiring the
   32         Department of Education to provide an application form
   33         and specifying a timeframe for posting the list of
   34         providers approved to offer virtual education
   35         programs; deleting the requirement that a provider’s
   36         administrative office be located in this state;
   37         providing additional criteria that must be met by
   38         providers seeking approval to operate virtual
   39         programs, including requirements for professional
   40         staff, course standards, detailed curriculum plans and
   41         course content, determination of student completion of
   42         graduation requirements, and a parent handbook;
   43         specifying that, beginning in the 2012-2013 school
   44         year, provider approval is for 3 years; providing an
   45         exception for providers approved before that date;
   46         specifying that after a certain date providers must
   47         provide necessary instructional materials and
   48         specified computer equipment and Internet access or
   49         reimbursement for Internet services to certain low
   50         income students; prohibiting tuition or registration
   51         fees; authorizing school districts to provide eligible
   52         students with the option of participating in a
   53         district virtual instruction program; stating the
   54         purpose of the district program; specifying that the
   55         district program may be offered on a part-time basis
   56         for students in certain grades; authorizing school
   57         districts to enter into contracts with the Florida
   58         Virtual School, approved providers, or a charter
   59         school or to enter into cooperative agreements with
   60         other school districts to provide access to virtual
   61         instruction to students in their district; authorizing
   62         multidistrict contracts that may be executed by
   63         regional consortiums; requiring school district
   64         virtual instruction programs to align course
   65         curriculum and content to certain standards and to
   66         offer courses that meet certain standards; requiring
   67         district programs to provide certain low-income
   68         students with specified computer equipment, Internet
   69         access, or reimbursement for Internet services;
   70         requiring school districts to provide students
   71         enrolled in a virtual program with access to district
   72         testing facilities; specifying minimum criteria for
   73         provider contracts and exempting from those criteria
   74         providers of certain digital or online content or
   75         curriculum who serve students who are not enrolled in
   76         a district program; providing student eligibility and
   77         enrollment criteria; providing for full-time or part
   78         time enrollment in district programs and programs
   79         offered by an approved statewide virtual provider;
   80         specifying a timeframe for the registration period for
   81         virtual programs; deleting existing enrollment
   82         criteria related to attendance during the previous
   83         year at a public school or in a virtual program,
   84         dependency on a member of the United States Armed
   85         Forces, and sibling enrollment in a virtual program;
   86         providing student participation requirements;
   87         requiring school districts to provide access to
   88         district testing facilities, to provide information to
   89         parents and students about student rights, and to post
   90         certain information on the district’s website;
   91         requiring the Department of Education to review the
   92         qualifications of statewide virtual providers and to
   93         approve those who meet qualification standards;
   94         requiring the department to establish a process for
   95         the review and approval of course content and to
   96         develop a process to evaluate the performance of part
   97         time virtual providers; authorizing the department to
   98         charge reasonable fees to providers to cover the cost
   99         of this review; providing evaluation criteria;
  100         requiring the department to post on its website
  101         information on virtual instruction programs and
  102         approved providers; requiring the development of
  103         disclosure requirements that must be provided to
  104         parents; requiring that the department provide notice
  105         to parents of the enrollment period for full-time
  106         virtual programs; specifying the funding mechanism and
  107         formula for statewide and district virtual education
  108         programs; requiring the department to disqualify and
  109         remove a provider that receives a school grade of “D”
  110         or “F”; providing for a 1-year extension of
  111         eligibility to a provider that receives a school grade
  112         of “D” under certain circumstances; requiring that the
  113         State Board of Education adopt rules related to the
  114         approval process for virtual courses and ensure
  115         student choice of programs and courses; amending s.
  116         1003.02, F.S.; requiring notice to parents of courses
  117         offered through statewide virtual providers, school
  118         district virtual instruction programs, and virtual
  119         charter schools; amending s. 1003.03, F.S.; including
  120         courses from statewide virtual providers and virtual
  121         charter schools in the options a school district must
  122         consider in meeting class size requirements; amending
  123         s. 1003.428, F.S.; requiring that certain students
  124         take an online course beginning in the 2011-2012
  125         school year; creating s. 1003.07, F.S.; creating the
  126         “Digital Learning Now Act”; providing legislative
  127         findings related to the elements to be included in
  128         high-quality digital learning; providing that a public
  129         school, private school, or home education student is
  130         eligible to participate in a state virtual program;
  131         providing for customized and accelerated learning;
  132         providing that students enrolled in a public school
  133         district may register and enroll in an online course
  134         identified in the course code directory offered by
  135         another district and limiting that registration to
  136         courses offered directly by the school districts;
  137         requiring the district that offers the course to
  138         report the student’s completion for funding purposes;
  139         providing that online content may be aligned with Next
  140         Generation Sunshine Standards or core curricular
  141         standards; authorizing school districts to use online
  142         instructors who reside outside the district; amending
  143         s. 1008.22, F.S.; requiring that all statewide
  144         assessments be available in an online format by a
  145         certain date; deleting a requirement that the
  146         Commissioner of Education study the cost and student
  147         achievement impact of secondary end-of-course
  148         assessments; amending s. 1011.61, F.S.; redefining the
  149         term “full-time equivalent student” for purposes of
  150         full-time and part-time virtual instruction programs
  151         and the Florida Virtual School; specifying how each
  152         successfully completed credit earned through an online
  153         course delivered by a district other than the one in
  154         which the student resides shall be calculated for the
  155         purpose of full-time equivalency; conforming a cross
  156         reference; amending s. 1011.68, F.S.; conforming
  157         cross-references to changes made by the act; amending
  158         s. 1012.57, F.S.; revising legislative intent
  159         regarding the issuance of adjunct certificates to
  160         qualified in-state and out-of-state applicants;
  161         providing strategies for the use of adjunct
  162         certificateholders; revising the period during which
  163         an adjunct teaching certificate is valid; requiring
  164         the Office of Program Policy Analysis and Government
  165         Accountability or an independent research organization
  166         selected by the department to evaluate and submit a
  167         report to the Governor and Legislature on the best
  168         methods for implementing part-time virtual education
  169         in kindergarten through grade 5; providing for
  170         severability; amending s. 1013.62, F.S.; conforming
  171         cross-references to changes made by the act; providing
  172         an effective date.
  173  
  174  Be It Enacted by the Legislature of the State of Florida:
  175  
  176         Section 1. Paragraph (e) of subsection (13) of section
  177  163.3180, Florida Statutes, is amended to read:
  178         163.3180 Concurrency.—
  179         (13) School concurrency shall be established on a
  180  districtwide basis and shall include all public schools in the
  181  district and all portions of the district, whether located in a
  182  municipality or an unincorporated area unless exempt from the
  183  public school facilities element pursuant to s. 163.3177(12).
  184  The application of school concurrency to development shall be
  185  based upon the adopted comprehensive plan, as amended. All local
  186  governments within a county, except as provided in paragraph
  187  (f), shall adopt and transmit to the state land planning agency
  188  the necessary plan amendments, along with the interlocal
  189  agreement, for a compliance review pursuant to s. 163.3184(7)
  190  and (8). The minimum requirements for school concurrency are the
  191  following:
  192         (e) Availability standard.—Consistent with the public
  193  welfare, a local government may not deny an application for site
  194  plan, final subdivision approval, or the functional equivalent
  195  for a development or phase of a development authorizing
  196  residential development for failure to achieve and maintain the
  197  level-of-service standard for public school capacity in a local
  198  school concurrency management system where adequate school
  199  facilities will be in place or under actual construction within
  200  3 years after the issuance of final subdivision or site plan
  201  approval, or the functional equivalent. School concurrency is
  202  satisfied if the developer executes a legally binding commitment
  203  to provide mitigation proportionate to the demand for public
  204  school facilities to be created by actual development of the
  205  property, including, but not limited to, the options described
  206  in subparagraph 1. Options for proportionate-share mitigation of
  207  impacts on public school facilities must be established in the
  208  public school facilities element and the interlocal agreement
  209  pursuant to s. 163.31777.
  210         1. Appropriate mitigation options include the contribution
  211  of land; the construction, expansion, or payment for land
  212  acquisition or construction of a public school facility; the
  213  construction of a charter school that complies with the
  214  requirements of s. 1002.33(19) 1002.33(18); or the creation of
  215  mitigation banking based on the construction of a public school
  216  facility in exchange for the right to sell capacity credits.
  217  Such options must include execution by the applicant and the
  218  local government of a development agreement that constitutes a
  219  legally binding commitment to pay proportionate-share mitigation
  220  for the additional residential units approved by the local
  221  government in a development order and actually developed on the
  222  property, taking into account residential density allowed on the
  223  property prior to the plan amendment that increased the overall
  224  residential density. The district school board must be a party
  225  to such an agreement. As a condition of its entry into such a
  226  development agreement, the local government may require the
  227  landowner to agree to continuing renewal of the agreement upon
  228  its expiration.
  229         2. If the education facilities plan and the public
  230  educational facilities element authorize a contribution of land;
  231  the construction, expansion, or payment for land acquisition;
  232  the construction or expansion of a public school facility, or a
  233  portion thereof; or the construction of a charter school that
  234  complies with the requirements of s. 1002.33(19) 1002.33(18), as
  235  proportionate-share mitigation, the local government shall
  236  credit such a contribution, construction, expansion, or payment
  237  toward any other impact fee or exaction imposed by local
  238  ordinance for the same need, on a dollar-for-dollar basis at
  239  fair market value.
  240         3. Any proportionate-share mitigation must be directed by
  241  the school board toward a school capacity improvement identified
  242  in a financially feasible 5-year district work plan that
  243  satisfies the demands created by the development in accordance
  244  with a binding developer’s agreement.
  245         4. If a development is precluded from commencing because
  246  there is inadequate classroom capacity to mitigate the impacts
  247  of the development, the development may nevertheless commence if
  248  there are accelerated facilities in an approved capital
  249  improvement element scheduled for construction in year four or
  250  later of such plan which, when built, will mitigate the proposed
  251  development, or if such accelerated facilities will be in the
  252  next annual update of the capital facilities element, the
  253  developer enters into a binding, financially guaranteed
  254  agreement with the school district to construct an accelerated
  255  facility within the first 3 years of an approved capital
  256  improvement plan, and the cost of the school facility is equal
  257  to or greater than the development’s proportionate share. When
  258  the completed school facility is conveyed to the school
  259  district, the developer shall receive impact fee credits usable
  260  within the zone where the facility is constructed or any
  261  attendance zone contiguous with or adjacent to the zone where
  262  the facility is constructed.
  263         5. This paragraph does not limit the authority of a local
  264  government to deny a development permit or its functional
  265  equivalent pursuant to its home rule regulatory powers, except
  266  as provided in this part.
  267         Section 2. Paragraph (a) of subsection (6) of section
  268  1002.20, Florida Statutes, is amended to read:
  269         1002.20 K-12 student and parent rights.—Parents of public
  270  school students must receive accurate and timely information
  271  regarding their child’s academic progress and must be informed
  272  of ways they can help their child to succeed in school. K-12
  273  students and their parents are afforded numerous statutory
  274  rights including, but not limited to, the following:
  275         (6) EDUCATIONAL CHOICE.—
  276         (a) Public school choices.—Parents of public school
  277  students may seek whatever public school choice options that are
  278  applicable to their students and are available to students in
  279  their school districts. These options may include controlled
  280  open enrollment, single-gender programs, lab schools, school
  281  district virtual instruction programs, statewide virtual
  282  providers, charter schools, charter technical career centers,
  283  magnet schools, alternative schools, special programs, advanced
  284  placement, dual enrollment, International Baccalaureate,
  285  International General Certificate of Secondary Education (pre
  286  AICE), Advanced International Certificate of Education, early
  287  admissions, credit by examination or demonstration of
  288  competency, the New World School of the Arts, the Florida School
  289  for the Deaf and the Blind, and the Florida Virtual School.
  290  These options may also include the public school choice options
  291  of the Opportunity Scholarship Program and the McKay
  292  Scholarships for Students with Disabilities Program.
  293         Section 3. Subsection (1) and paragraph (a) of subsection
  294  (20) of section 1002.33, Florida Statutes, are amended, present
  295  subsections (16) through (26) of that section are renumbered as
  296  subsections (17) through (27), respectively, and a new
  297  subsection (16) is added to that section to read:
  298         1002.33 Charter schools.—
  299         (1) AUTHORIZATION.—Charter schools shall be part of the
  300  state’s program of public education. All charter schools in
  301  Florida are public schools. A charter school may be formed by
  302  creating a new school or converting an existing public school to
  303  charter status. A virtual charter school may be created to
  304  provide full-time online instruction. The virtual charter school
  305  must contract with a statewide virtual provider that is approved
  306  under s. 1002.45. Funding is as prescribed in s. 1002.45(10)(b).
  307  The provider of online instruction for a virtual charter school
  308  must follow the charter application process specified in this
  309  section and serve students in the school district in which the
  310  charter is granted. However, the provisions of subsection (18)
  311  and paragraph (20)(c) do not apply to a virtual charter school.
  312  A public school may not use the term charter in its name unless
  313  it has been approved under this section.
  314         (16) BLENDED-LEARNING CHARTER SCHOOLS.
  315         (a) As used in this section, the term blended-learning
  316  charter school means a school that combines traditional
  317  classroom and virtual instruction.
  318         (b) A blended-learning charter school does not have to
  319  apply to become a statewide or district virtual instruction
  320  program provider pursuant to s. 1002.45 and may provide online
  321  instruction only to students enrolled in the charter school.
  322         (c) Funding for students in a blended-learning charter
  323  school is calculated as follows:
  324         1. Courses taken in a traditional classroom setting are
  325  funded pursuant to s. 1011.61(1)(c)1.b.(I).
  326         2 Online courses are funded based upon student completion
  327  of the course as provided in s. 1011.61(1)(c)1.b.(IV).
  328         (21)(20) SERVICES.—
  329         (a)1. A sponsor shall provide certain administrative and
  330  educational services to charter schools. These services shall
  331  include contract management services; full-time equivalent and
  332  data reporting services; exceptional student education
  333  administration services; services related to eligibility and
  334  reporting duties required to ensure that school lunch services
  335  under the federal lunch program, consistent with the needs of
  336  the charter school, are provided by the school district at the
  337  request of the charter school, that any funds due to the charter
  338  school under the federal lunch program be paid to the charter
  339  school as soon as the charter school begins serving food under
  340  the federal lunch program, and that the charter school is paid
  341  at the same time and in the same manner under the federal lunch
  342  program as other public schools serviced by the sponsor or the
  343  school district; test administration services, including payment
  344  of the costs of state-required or district-required student
  345  assessments; processing of teacher certificate data services;
  346  and information services, including equal access to student
  347  information systems that are used by public schools in the
  348  district in which the charter school is located. Student
  349  performance data for each student in a charter school,
  350  including, but not limited to, FCAT scores, standardized test
  351  scores, previous public school student report cards, and student
  352  performance measures, shall be provided by the sponsor to a
  353  charter school in the same manner provided to other public
  354  schools in the district.
  355         2. A total administrative fee for the provision of such
  356  services shall be calculated based upon up to 5 percent of the
  357  available funds defined in paragraph (17)(b) for all students.
  358  However, a sponsor may only withhold up to a 5 percent 5-percent
  359  administrative fee for enrollment for up to and including 250
  360  students. For charter schools with a population of 251 or more
  361  students, the difference between the total administrative fee
  362  calculation and the amount of the administrative fee withheld
  363  may only be used for capital outlay purposes specified in s.
  364  1013.62(2).
  365         3. In addition, a sponsor may withhold only up to a 5
  366  percent 5-percent administrative fee for enrollment for up to
  367  and including 500 students within a system of charter schools
  368  which meets all of the following:
  369         a. Includes both conversion charter schools and
  370  nonconversion charter schools;
  371         b. Has all schools located in the same county;
  372         c. Has a total enrollment exceeding the total enrollment of
  373  at least one school district in the state;
  374         d. Has the same governing board; and
  375         e. Does not contract with a for-profit service provider for
  376  management of school operations.
  377         4. The difference between the total administrative fee
  378  calculation and the amount of the administrative fee withheld
  379  pursuant to subparagraph 3. may be used for instructional and
  380  administrative purposes as well as for capital outlay purposes
  381  specified in s. 1013.62(2).
  382         5. Each charter school shall receive 100 percent of the
  383  funds awarded to that school pursuant to s. 1012.225. Sponsors
  384  shall not charge charter schools any additional fees or
  385  surcharges for administrative and educational services in
  386  addition to the maximum 5 percent 5-percent administrative fee
  387  withheld pursuant to this paragraph.
  388         6. The sponsoring district of a virtual charter school may
  389  withhold an administrative fee of up to 2 percent to cover the
  390  cost of oversight.
  391         Section 4. Paragraph (c) of subsection (10) and subsection
  392  (13) of section 1002.34, Florida Statutes, are amended to read:
  393         1002.34 Charter technical career centers.—
  394         (10) EXEMPTION FROM STATUTES.—
  395         (c) A center must comply with the antidiscrimination
  396  provisions in s. 1000.05 and the provisions in s. 1002.33(25)
  397  1002.33(24) which relate to the employment of relatives.
  398         (13) BOARD OF DIRECTORS AUTHORITY.—The board of directors
  399  of a center may decide matters relating to the operation of the
  400  school, including budgeting, curriculum, and operating
  401  procedures, subject to the center’s charter. The board of
  402  directors is responsible for performing the duties provided in
  403  s. 1002.345, including monitoring the corrective action plan.
  404  The board of directors must comply with s. 1002.33(26)
  405  1002.33(25).
  406         Section 5. Paragraph (a) of subsection (3) of section
  407  1002.37, Florida Statutes, is amended to read:
  408         1002.37 The Florida Virtual School.—
  409         (3) Funding for the Florida Virtual School shall be
  410  provided as follows:
  411         (a)1.For a student in grades 9 through 12, a “full-time
  412  equivalent student” for the Florida Virtual School is one
  413  student who has successfully completed six full credit courses
  414  credits that shall count toward the minimum number of credits
  415  required for high school graduation. A student who completes
  416  fewer less than six full credit courses is credits shall be a
  417  fraction of a full-time equivalent student. Successful
  418  completion of one semester of course content is equivalent to
  419  one-twelfth of a full-time equivalent student. Half-credit
  420  completions shall be included in determining a full-time
  421  equivalent student. Credit completed by a student in excess of
  422  the minimum required for that student for high school graduation
  423  is not eligible for funding.
  424         2. For a student in kindergarten through grade 8, a “full
  425  time equivalent student” is one student who has successfully
  426  completed six courses or the prescribed level of content that
  427  counts toward promotion to the next grade. A student who
  428  completes fewer than six courses or the prescribed level of
  429  content shall be a fraction of a full-time equivalent student.
  430  
  431  The Florida Virtual School may enroll students in a full-time
  432  program for students in kindergarten through grade 12. For
  433  purposes of this paragraph, the calculation of “full-time
  434  equivalent student” shall be as prescribed in s. 1002.45(10)(a).
  435         Section 6. Present subsections (4) through (9) of section
  436  1002.41, Florida Statutes, are renumbered as subsections (5)
  437  through (10), respectively, and a new subsection (4) is added to
  438  that section, to read:
  439         1002.41 Home education programs.—
  440         (4) A home education student may enroll in courses offered
  441  by the Florida Virtual School or a franchise of the Florida
  442  Virtual School, courses offered by statewide virtual providers,
  443  or courses offered in the school district in which the student
  444  resides.
  445         Section 7. Section 1002.45, Florida Statutes, is amended to
  446  read:
  447         1002.45 Virtual education programs School district virtual
  448  instruction programs.—
  449         (1) FINDINGS AND PURPOSE.—
  450         (a) The Legislature finds that:
  451         1. Virtual education is teacher-led instruction provided in
  452  an interactive, technological learning environment in which
  453  students are separated from their teachers by time or space, or
  454  both, and in which a certified teacher is responsible for
  455  planning instruction, diagnosing learning needs, prescribing
  456  content delivery, assessing student learning, reporting
  457  outcomes, and evaluating the effects of instruction.
  458         2.Virtual education is an essential ingredient to a high
  459  quality, public education system that can help ensure that each
  460  student has access to all types of programs and courses.
  461         3.Access to rigorous courses and content, such as Advanced
  462  Placement, International Baccalaureate, foreign language, and
  463  honors courses, must be available to each student regardless of
  464  where the student lives and attends school.
  465         4.Students throughout Florida must have access to as many
  466  high-quality education options as possible.
  467         5.The State Board of Education must provide expanded
  468  access to online education options to ensure a uniform system of
  469  high-quality education.
  470         (b)The purpose of this section is to:
  471         1.Provide quality online education options to each student
  472  in Florida.
  473         2.Promote consistency in the qualifications, funding, and
  474  accountability applied to virtual education programs.
  475         (2)(1)DEFINITIONS PROGRAM.—
  476         (a)As used in For purposes of this section, the term:
  477         (a)1. “Approved provider” means a provider that is approved
  478  by the Department of Education under subsection (3) (2), the
  479  Florida Virtual School, a franchise of the Florida Virtual
  480  School, or a community college.
  481         (b) “Statewide virtual provider” means an approved provider
  482  of full-time virtual education to a student in kindergarten
  483  through grade 12 or an approved provider of part-time virtual
  484  education to a student in grade 6 through grade 12. The term
  485  does not include a school district that offers a virtual
  486  instruction program.
  487         2. “Virtual instruction program” means a program of
  488  instruction provided in an interactive learning environment
  489  created through technology in which students are separated from
  490  their teachers by time or space, or both, and in which a
  491  Florida-certified teacher under chapter 1012 is responsible for
  492  at least:
  493         a. Fifty percent of the direct instruction to students in
  494  kindergarten through grade 5; or
  495         b. Eighty percent of the direct instruction to students in
  496  grades 6 through 12.
  497         (b) Beginning with the 2009-2010 school year, each school
  498  district shall provide eligible students within its boundaries
  499  the option of participating in a virtual instruction program.
  500  The purpose of the program is to make instruction available to
  501  students using online and distance learning technology in the
  502  nontraditional classroom. The program shall be:
  503         1. Full-time for students enrolled in kindergarten through
  504  grade 12.
  505         2. Full-time or part-time for students in grades 9 through
  506  12 who are enrolled in dropout prevention and academic
  507  intervention programs under s. 1003.53, Department of Juvenile
  508  Justice education programs under s. 1003.52, core-curricula
  509  courses to meet class size requirements under s. 1003.03, or
  510  community colleges under this section.
  511         (c) To provide students with the option of participating in
  512  virtual instruction programs as required by paragraph (b), a
  513  school district may:
  514         1. Contract with the Florida Virtual School or establish a
  515  franchise of the Florida Virtual School for the provision of a
  516  program under paragraph (b). Using this option is subject to the
  517  requirements of this section and s. 1011.61(1)(c)1.b.(III) and
  518  (IV).
  519         2. Contract with an approved provider under subsection (2)
  520  for the provision of a full-time program under subparagraph
  521  (b)1. or a full-time or part-time program under subparagraph
  522  (b)2.
  523         3. Enter into an agreement with another school district to
  524  allow the participation of its students in an approved virtual
  525  instruction program provided by the other school district. The
  526  agreement must indicate a process for the transfer of funds
  527  required by paragraph (7)(b).
  528  
  529  Contracts under subparagraph 1. or subparagraph 2. may include
  530  multidistrict contractual arrangements that may be executed by a
  531  regional consortium for its member districts. A multidistrict
  532  contractual arrangement or an agreement under subparagraph 3. is
  533  not subject to s. 1001.42(4)(d) and does not require the
  534  participating school districts to be contiguous.
  535         (d) A charter school may enter into a joint agreement with
  536  the school district in which it is located for the charter
  537  school’s students to participate in the school district’s
  538  virtual instruction program.
  539         (3)(2) PROVIDER QUALIFICATIONS.—
  540         (a) The department shall provide an application form to a
  541  provider seeking to operate a virtual instruction program. The
  542  application form must be available to a provider of full-time
  543  virtual education by October 31 of each year. By March 1 of each
  544  year, the department shall post annually provide school
  545  districts with a list of providers approved to offer virtual
  546  instruction programs. To be approved by the department, a
  547  provider must document that it:
  548         1. Is nonsectarian in its programs, admission policies,
  549  employment practices, and operations;
  550         2. Complies with the antidiscrimination provisions of s.
  551  1000.05;
  552         3. Locates an administrative office or offices in this
  553  state, requires its administrative staff to be state residents,
  554  Requires all instructional staff to be Florida-certified
  555  teachers under chapter 1012, to hold a teaching certificate from
  556  another state, or to hold a National Board Certification or
  557  American Board Certification, and that it conducts background
  558  screenings for all employees or contracted personnel, as
  559  required by s. 1012.32, using state and national criminal
  560  history records;
  561         4. Possesses prior, successful experience offering online
  562  courses to elementary, middle, or high school students;
  563         5. Is accredited by the Southern Association of Colleges
  564  and Schools Council on Accreditation and School Improvement, the
  565  North Central Association Commission on Accreditation and School
  566  Improvement, the Middle States Association of Colleges and
  567  Schools Commission on Elementary Schools and Commission on
  568  Secondary Schools, the New England Association of Schools and
  569  Colleges, the Northwest Association of Accredited Schools, the
  570  Western Association of Schools and Colleges, or the Commission
  571  on International and Trans-Regional Accreditation; and
  572         6. Offers courses that meet the standards of the
  573  International Association for K-12 Online Learning and the
  574  Southern Regional Education Board;
  575         7. Has a detailed curriculum plan and course content that
  576  align to the Next Generation Sunshine State Standards or core
  577  curricular standards, as appropriate;
  578         8. Has a method for determining that a student has
  579  satisfied requirements for graduation under s. 1003.428 or s.
  580  1003.429 if the provider offers a full-time virtual instruction
  581  program to students in grades 9 through 12;
  582         9. Has provided to the department a parent handbook that
  583  outlines teacher qualifications and duties, instructional time,
  584  and parental participation and required responsibilities for
  585  participating in the program; and
  586         10.6. If the provider is a state community college, employs
  587  instructors who meet the certification requirements for
  588  instructional staff under chapter 1012.
  589         (b) Beginning in the 2012-2013 school year, a provider that
  590  is approved under paragraph (a) An approved provider shall
  591  retain its approved status for a period of 3 years after the
  592  date of the department’s approval under paragraph (a) as long as
  593  the provider continues to comply with all requirements of this
  594  section.
  595         (c) A provider that is approved by the State Board of
  596  Education for the 2011-2012 school year is automatically
  597  approved as a provider for the 2012-2013 school year. After the
  598  2012-2013 school year, the provider is subject to the
  599  application procedure specified in paragraph (a).
  600         (d) Each provider must:
  601         1. Provide each student enrolled in the program with all
  602  necessary instructional materials.
  603         2. Provide, when appropriate, each full-time student
  604  enrolled in the program who meets the eligibility requirements
  605  for free or reduced-priced lunch and who does not have a
  606  computer or Internet access in his or her home with:
  607         a. All equipment necessary for participants in the virtual
  608  instruction program, including, but not limited to, a computer,
  609  computer monitor, and printer if a printer is required to
  610  participate in the program; and
  611         b. Access to or reimbursement for all Internet services
  612  necessary for online delivery of instruction.
  613         3. Not require tuition or student registration fees.
  614         (4) SCHOOL DISTRICT VIRTUAL INSTRUCTION PROGRAMS.—
  615         (a) Each school district may provide eligible students the
  616  option of participating in a district virtual instruction
  617  program. The purpose of the program is to make instruction
  618  available to students using online and distance learning
  619  technology in the nontraditional classroom. The program may be:
  620         1. Full-time for students in kindergarten through grade 12.
  621         2. Part-time for students in grades 6 through 12.
  622         (b)To provide students with the option of participating in
  623  virtual instruction programs as authorized by paragraph (a), a
  624  school district may:
  625         1. Contract with the Florida Virtual School or establish a
  626  franchise of the Florida Virtual School for the provision of a
  627  program under paragraph (a). This option is subject to the
  628  requirements of this section and s. 1011.61(1)(c)1.b.(III) and
  629  (IV).
  630         2. Contract with a provider approved under subsection (3).
  631         3. Enter into an agreement with another school district to
  632  allow the participation of its students in an approved virtual
  633  instruction program provided by the other school district. The
  634  agreement must state the process for the transfer of funds.
  635  
  636  Contracts under subparagraph 1. or subparagraph 2. may include
  637  multidistrict contractual arrangements that may be executed by a
  638  regional consortium for its member districts. A multidistrict
  639  contractual arrangement or an agreement under subparagraph 3. is
  640  not subject to s. 1001.42(4)(d) and does not require the
  641  participating school districts to be contiguous.
  642         (c)A charter school may enter into a joint agreement with
  643  the school district in which it is located for the charter
  644  school to be an approved provider or for a charter school’s
  645  students to participate in the school district’s virtual
  646  instruction program.
  647         (d)(3)SCHOOL DISTRICT VIRTUAL INSTRUCTION PROGRAM
  648  REQUIREMENTS.—Each school district virtual instruction program
  649  under this section must:
  650         1.(a) Align virtual course curriculum and course content to
  651  the Next Generation Sunshine State Standards under s. 1003.41 or
  652  core curricular standards, as appropriate.
  653         2. Have courses that meet the standards of the
  654  International Association for K-12 Online Learning and the
  655  Southern Regional Education Board.
  656         3.(b) Offer instruction that is designed to enable a
  657  student to gain proficiency in each virtually delivered course
  658  of study.
  659         4.(c) Provide each student enrolled in the program with all
  660  the necessary instructional materials.
  661         5.(d) Provide, when appropriate, each full-time student
  662  enrolled in the program who meets the eligibility requirements
  663  for free or reduced-price lunch and who does not have a computer
  664  or Internet access in his or her home with:
  665         a.1. All equipment necessary for participants in the school
  666  district virtual instruction program, including, but not limited
  667  to, a computer, computer monitor, and printer, if a printer is
  668  required to participate in the program; and
  669         b.2. Access to or reimbursement for all Internet services
  670  necessary for online delivery of instruction.
  671         6.(e) Not require tuition or student registration fees.
  672         7. Provide access to the district’s testing facilities to
  673  students enrolled in the virtual instruction program, the
  674  Florida Virtual School, or a franchise of the Florida Virtual
  675  School who are required or who choose to participate in state
  676  assessments.
  677         (5)(4) CONTRACT REQUIREMENTS.—Each contract with an
  678  approved provider must, at a minimum:
  679         (a) Set forth a detailed curriculum plan that illustrates
  680  how students will be provided services to attain proficiency in
  681  the Sunshine State Standards.
  682         (b) Provide a method for determining that a student has
  683  satisfied the requirements for graduation in s. 1003.428, s.
  684  1003.429, or s. 1003.43 if the contract is for the provision of
  685  a full-time virtual instruction program to students in grades 9
  686  through 12.
  687         (a)(c) Specify a method for resolving conflicts among the
  688  parties.
  689         (b)(d) Specify authorized reasons for termination of the
  690  contract.
  691         (c)(e) Require the approved provider to be responsible for
  692  all debts of the school district virtual instruction program if
  693  the contract is not renewed or is terminated.
  694         (d)(f) Require the approved provider to comply with all
  695  requirements of this section.
  696  
  697  A provider of digital or online content or curriculum that is
  698  used to supplement the instruction of students who are not
  699  enrolled in a school district virtual instruction program under
  700  this section is not required to meet the requirements of this
  701  subsection.
  702         (6)(5) STUDENT ELIGIBILITY AND ENROLLMENT.—
  703         (a) A student who is a resident of this state may enroll
  704  full-time or part-time in:
  705         1. A district virtual instruction program provided by the
  706  school district in which he or she resides.
  707         2. A virtual instruction program offered by a statewide
  708  virtual provider that is approved by the State Board of
  709  Education under subsection (3).
  710         (b) Part-time enrollment in a district virtual instruction
  711  program or a virtual instruction program offered by a statewide
  712  virtual provider may be permitted throughout the school year.
  713         (c) The registration period for enrollment in a full-time
  714  district virtual instruction program or a virtual instruction
  715  program that is approved by the State Board of Education must be
  716  at least 90 days and may not end earlier than 30 days before the
  717  first day of each semester of the virtual program. if the
  718  student meets at least one of the following conditions:
  719         (a) The student has spent the prior school year in
  720  attendance at a public school in this state and was enrolled and
  721  reported by a public school district for funding during the
  722  preceding October and February for purposes of the Florida
  723  Education Finance Program surveys.
  724         (b) The student is a dependent child of a member of the
  725  United States Armed Forces who was transferred within the last
  726  12 months to this state from another state or from a foreign
  727  country pursuant to the parent’s permanent change of station
  728  orders.
  729         (c) The student was enrolled during the prior school year
  730  in a school district virtual instruction program under this
  731  section or a K-8 Virtual School Program under s. 1002.415.
  732         (d) The student has a sibling who is currently enrolled in
  733  a school district virtual instruction program and that sibling
  734  was enrolled in such program at the end of the prior school
  735  year.
  736         (7)(6) STUDENT PARTICIPATION REQUIREMENTS.—Each student
  737  enrolled in a full-time school district virtual instruction
  738  program must:
  739         (a) Comply with the compulsory attendance requirements of
  740  s. 1003.21. Student attendance must be verified by the school
  741  district.
  742         (b) Take state assessment tests within the school district
  743  in which such student resides, which must provide the student
  744  with access to the district’s testing facilities.
  745         (8) SCHOOL DISTRICT OBLIGATIONS.—Each school district
  746  shall:
  747         (a) Provide access to the district’s testing facilities to
  748  a student enrolled in a virtual instruction program, a virtual
  749  charter school, the Florida Virtual School, or a franchise of
  750  the Florida Virtual School who is required or chooses to
  751  participate in state assessments.
  752         (b) Provide information to parents and students about the
  753  student’s right to participate in a school district virtual
  754  instruction program or in courses offered by a statewide virtual
  755  provider under this section and in courses offered by the
  756  Florida Virtual School under s. 1002.37.
  757         (c) Post on the district’s website information regarding
  758  online instruction opportunities, including a link to the
  759  website of each approved statewide provider, the school district
  760  virtual instruction program, the virtual charter schools, the
  761  Florida Virtual School, or any franchise of the Florida Virtual
  762  School.
  763         (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—
  764         (a)1. The department shall review the qualifications of
  765  each statewide virtual provider as described in subsection (3).
  766         2. The State Board of Education must approve each statewide
  767  virtual provider that meets the qualifications under subsection
  768  (3).
  769         3. The State Board of Education shall establish a process
  770  to review and approve the content of each individual course for
  771  each provider of part-time statewide virtual education in grades
  772  6 through 12.
  773  
  774  The department may charge reasonable fees, as approved by the
  775  State Board of Education, to each provider for the
  776  administrative costs of reviewing the qualifications of
  777  providers and the content of the virtual courses. The fees may
  778  not exceed the actual cost of the review.
  779         (b) The department shall develop a process to evaluate the
  780  performance of part-time virtual providers. The evaluation must
  781  include, but need not be limited to, the percentage of students:
  782         1. Making learning gains;
  783         2. Successfully passing the required end-of-course
  784  assessments; and
  785         3. Taking and scoring a three or higher on advanced
  786  placement course exams.
  787         (c) The department shall disqualify and remove any full
  788  time statewide virtual provider that receives a “D” or an “F” as
  789  a school grade.
  790         (d) The department may develop a standard that indicates
  791  whether or not a part-time virtual provider is successfully
  792  achieving the standards of the program. The department may use
  793  school grades to rate how the part-time virtual provider
  794  achieves the standards.
  795         (e) The department must post on its website information on
  796  virtual instruction programs, including the approved statewide
  797  virtual providers, school district virtual instruction programs,
  798  virtual charter schools, the Florida Virtual School, or
  799  franchises of the Florida Virtual School. A set of disclosure
  800  requirements must be developed and provided to all interested
  801  parents for each of the full-time and part-time programs. The
  802  disclosure must include information concerning the curriculum,
  803  parental expectations and responsibilities, school policies, the
  804  number of full-time and part-time teachers, student-teacher
  805  ratios, and course-completion data.
  806         (f) The department shall provide notice to all parents of
  807  the enrollment period for full-time virtual programs.
  808         (10)(7) FUNDING.—
  809         (a) Statewide virtual education programs approved under
  810  subsection (3) shall report the number of full-time equivalent
  811  students for funding to the Department of Education in the
  812  manner prescribed by the department and shall be funded through
  813  the Florida Education Finance Program in a method similar to the
  814  Florida Virtual School Program and follow the specifications
  815  delineated in s. 1002.37(3)(e), (f), and (g).
  816         1. A “full-time equivalent student” for a student enrolled
  817  in a kindergarten through grade 12 full-time program shall be
  818  calculated and reported as follows:
  819         a. Twenty percent for each quarter of delivered
  820  instruction, with an additional 10 percent earned after
  821  successful completion of the first and second quarters.
  822         b. After successful completion of all four quarters of
  823  instruction, another 10 percent earned for students in
  824  kindergarten through grade 5 who are promoted to the next grade
  825  level or passage of the course for students in grades 6 through
  826  12.
  827         c. A student may not be reported for more than 1.0 full
  828  time equivalent in any given school year.
  829         2. A “full-time equivalent student” for a student enrolled
  830  part-time in a grade 6 through grade 12 program shall have the
  831  same meaning as provided in s. 1011.61(1)(c)1.b.(IV).
  832         (b) School district virtual instruction programs authorized
  833  in subsection (4) shall report the number of full-time
  834  equivalent students to the Department of Education in the manner
  835  prescribed by the department and shall be funded through the
  836  Florida Education Finance Program; however, such funds may not
  837  be provided for the purpose of fulfilling the class size
  838  requirements in ss. 1003.03 and 1011.685.
  839         1. A “full-time equivalent student” for a student enrolled
  840  in a kindergarten through grade 12 full-time program shall be
  841  calculated and reported as follows:
  842         a. Twenty percent for each quarter of delivered
  843  instruction, with an additional 10 percent after the student’s
  844  successful completion of the first and second quarters.
  845         b. After successful completion of all four quarters of
  846  instruction, an additional 10 percent for students in
  847  kindergarten through grade 5 who are promoted to the next grade
  848  level or passage of the course for students in grades 6 through
  849  12.
  850         2. A “full-time equivalent student” for a student enrolled
  851  part-time in a grade 6 through 12 program shall have the same
  852  meaning as provided in s. 1011.61(1)(c)1.b.(IV).
  853         3. A student may not be reported as more than 1.0 full-time
  854  equivalent in any given school year.
  855         (a) For purposes of a school district virtual instruction
  856  program, “full-time equivalent student” has the same meaning as
  857  provided in s. 1011.61(1)(c)1.b.(III) or (IV).
  858         (b) The school district in which the student resides shall
  859  report full-time equivalent students for the school district
  860  virtual instruction program to the department in a manner
  861  prescribed by the department, and funding shall be provided
  862  through the Florida Education Finance Program. Funds received by
  863  the school district of residence for a student in a virtual
  864  instruction program provided by another school district under
  865  this section shall be transferred to the school district
  866  providing the virtual instruction program.
  867         (c) A community college provider may not report students
  868  who are served in a school district virtual instruction program
  869  for funding under the Community College Program Fund.
  870         (11)(8) ASSESSMENT AND ACCOUNTABILITY.—
  871         (a) Each statewide virtual provider and each approved
  872  provider contracted under this section must:
  873         1. Participate in the statewide assessment program under s.
  874  1008.22 and in the state’s education performance accountability
  875  system under s. 1008.31.
  876         2. Receive a school grade under s. 1008.34 or a school
  877  improvement rating under s. 1008.341, as applicable. The school
  878  grade or school improvement rating received by each approved
  879  provider shall be based upon the aggregated assessment scores of
  880  all students served by the provider statewide. The department
  881  shall publish the school grade or school improvement rating
  882  received by each approved provider on its Internet website.
  883         (b) The performance of part-time students in grades 9
  884  through 12 shall not be included for purposes of school grades
  885  or school improvement ratings under subparagraph (a)2.; however,
  886  their performance shall be included for school grading or school
  887  improvement rating purposes by the nonvirtual school providing
  888  the student’s primary instruction.
  889         (c) An approved provider that receives a school grade of
  890  “D” or “F” under s. 1008.34 or a school improvement rating of
  891  “Declining” under s. 1008.341 must file a school improvement
  892  plan with the department for consultation to determine the
  893  causes for low performance and to develop a plan for correction
  894  and improvement.
  895         (c)(d) An approved provider’s contract must be terminated,
  896  and the department shall disqualify and remove a provider from
  897  the list of approved providers, if the provider receives a
  898  school grade of “D” or “F” under s. 1008.34 or a school
  899  improvement rating of “Declining” under s. 1008.341 for 2 years
  900  during any consecutive 4-year period. The State Board of
  901  Education may extend the eligibility of a provider that receives
  902  a school grade of “D” by 1 year if the provider submits a school
  903  improvement plan to the department. A disqualified provider is
  904  not eligible to resubmit an application for 2 years after the
  905  year in which the provider is disqualified. A provider that has
  906  a contract terminated under this paragraph may not be an
  907  approved provider for a period of at least 1 year after the date
  908  upon which the contract was terminated and until the department
  909  determines that the provider is in compliance with subsection
  910  (2) and has corrected each cause of the provider’s low
  911  performance.
  912         (12)(9) EXCEPTIONS.—A provider of digital or online content
  913  or curriculum that is used to supplement the instruction of
  914  students who are not enrolled in a school district virtual
  915  instruction program under this section is not required to meet
  916  the requirements of this section.
  917         (10) MARKETING.—Each school district shall provide
  918  information to parents and students about the parent’s and
  919  student’s right to participate in a school district virtual
  920  instruction program under this section and in courses offered by
  921  the Florida Virtual School under s. 1002.37.
  922         (13)(11) RULES.—The State Board of Education shall adopt
  923  rules necessary to administer this section, including rules that
  924  establish the approval process for virtual courses in grades 6
  925  through 12, rules that prescribe school district reporting
  926  requirements under subsection (10), and rules that ensure that
  927  students are able to enroll and participate in the full-time or
  928  part-time virtual program or course of their choice and are not
  929  assigned by their resident district to any virtual program or
  930  course without their consent (7).
  931         Section 8. Paragraph (i) of subsection (1) of section
  932  1003.02, Florida Statutes, is amended to read:
  933         1003.02 District school board operation and control of
  934  public K-12 education within the school district.—As provided in
  935  part II of chapter 1001, district school boards are
  936  constitutionally and statutorily charged with the operation and
  937  control of public K-12 education within their school district.
  938  The district school boards must establish, organize, and operate
  939  their public K-12 schools and educational programs, employees,
  940  and facilities. Their responsibilities include staff
  941  development, public K-12 school student education including
  942  education for exceptional students and students in juvenile
  943  justice programs, special programs, adult education programs,
  944  and career education programs. Additionally, district school
  945  boards must:
  946         (1) Provide for the proper accounting for all students of
  947  school age, for the attendance and control of students at
  948  school, and for proper attention to health, safety, and other
  949  matters relating to the welfare of students in the following
  950  fields:
  951         (i) Parental notification of acceleration mechanisms.—At
  952  the beginning of each school year, notify parents of students in
  953  or entering high school of the opportunity and benefits of
  954  advanced placement, International Baccalaureate, Advanced
  955  International Certificate of Education, dual enrollment, courses
  956  offered through statewide virtual providers, school district
  957  virtual instruction programs, virtual charter schools, and
  958  Florida Virtual School courses.
  959         Section 9. Paragraph (b) of subsection (3) of section
  960  1003.03, Florida Statutes, is amended to read:
  961         1003.03 Maximum class size.—
  962         (3) IMPLEMENTATION OPTIONS.—District school boards must
  963  consider, but are not limited to, implementing the following
  964  items in order to meet the constitutional class size maximums
  965  described in subsection (1):
  966         (b) Adopt policies to encourage students to take courses
  967  from the Florida Virtual School, statewide virtual providers,
  968  virtual charter schools, and school district virtual instruction
  969  programs.
  970         Section 10. Subsection (2) of section 1003.428, Florida
  971  Statutes, is amended to read:
  972         1003.428 General requirements for high school graduation;
  973  revised.—
  974         (2) The 24 credits may be earned through applied,
  975  integrated, and combined courses approved by the Department of
  976  Education. The 24 credits shall be distributed as follows:
  977         (a) Sixteen core curriculum credits:
  978         1. Four credits in English, with major concentration in
  979  composition, reading for information, and literature.
  980         2. Four credits in mathematics, one of which must be
  981  Algebra I, a series of courses equivalent to Algebra I, or a
  982  higher-level mathematics course. Beginning with students
  983  entering grade 9 in the 2010-2011 school year, in addition to
  984  the Algebra I credit requirement, one of the four credits in
  985  mathematics must be geometry or a series of courses equivalent
  986  to geometry as approved by the State Board of Education.
  987  Beginning with students entering grade 9 in the 2010-2011 school
  988  year, the end-of-course assessment requirements under s.
  989  1008.22(3)(c)2.a.(I) must be met in order for a student to earn
  990  the required credit in Algebra I. Beginning with students
  991  entering grade 9 in the 2011-2012 school year, the end-of-course
  992  assessment requirements under s. 1008.22(3)(c)2.a.(I) must be
  993  met in order for a student to earn the required credit in
  994  geometry. Beginning with students entering grade 9 in the 2012
  995  2013 school year, in addition to the Algebra I and geometry
  996  credit requirements, one of the four credits in mathematics must
  997  be Algebra II or a series of courses equivalent to Algebra II as
  998  approved by the State Board of Education.
  999         3. Three credits in science, two of which must have a
 1000  laboratory component. Beginning with students entering grade 9
 1001  in the 2011-2012 school year, one of the three credits in
 1002  science must be Biology I or a series of courses equivalent to
 1003  Biology I as approved by the State Board of Education. Beginning
 1004  with students entering grade 9 in the 2011-2012 school year, the
 1005  end-of-course assessment requirements under s.
 1006  1008.22(3)(c)2.a.(II) must be met in order for a student to earn
 1007  the required credit in Biology I. Beginning with students
 1008  entering grade 9 in the 2013-2014 school year, one of the three
 1009  credits must be Biology I or a series of courses equivalent to
 1010  Biology I as approved by the State Board of Education, one
 1011  credit must be chemistry or physics or a series of courses
 1012  equivalent to chemistry or physics as approved by the State
 1013  Board of Education, and one credit must be an equally rigorous
 1014  course, as determined by the State Board of Education.
 1015         4. Three credits in social studies as follows: one credit
 1016  in United States history; one credit in world history; one-half
 1017  credit in economics; and one-half credit in United States
 1018  government.
 1019         5. One credit in fine or performing arts, speech and
 1020  debate, or a practical arts course that incorporates artistic
 1021  content and techniques of creativity, interpretation, and
 1022  imagination. Eligible practical arts courses shall be identified
 1023  through the Course Code Directory.
 1024         6. One credit in physical education to include integration
 1025  of health. Participation in an interscholastic sport at the
 1026  junior varsity or varsity level for two full seasons shall
 1027  satisfy the one-credit requirement in physical education if the
 1028  student passes a competency test on personal fitness with a
 1029  score of “C” or better. The competency test on personal fitness
 1030  must be developed by the Department of Education. A district
 1031  school board may not require that the one credit in physical
 1032  education be taken during the 9th grade year. Completion of one
 1033  semester with a grade of “C” or better in a marching band class,
 1034  in a physical activity class that requires participation in
 1035  marching band activities as an extracurricular activity, or in a
 1036  dance class shall satisfy one-half credit in physical education
 1037  or one-half credit in performing arts. This credit may not be
 1038  used to satisfy the personal fitness requirement or the
 1039  requirement for adaptive physical education under an individual
 1040  education plan (IEP) or 504 plan. Completion of 2 years in a
 1041  Reserve Officer Training Corps (R.O.T.C.) class, a significant
 1042  component of which is drills, shall satisfy the one-credit
 1043  requirement in physical education and the one-credit requirement
 1044  in performing arts. This credit may not be used to satisfy the
 1045  personal fitness requirement or the requirement for adaptive
 1046  physical education under an individual education plan (IEP) or
 1047  504 plan.
 1048         (b) Eight credits in electives.
 1049         1. For each year in which a student scores at Level 1 on
 1050  FCAT Reading, the student must be enrolled in and complete an
 1051  intensive reading course the following year. Placement of Level
 1052  2 readers in either an intensive reading course or a content
 1053  area course in which reading strategies are delivered shall be
 1054  determined by diagnosis of reading needs. The department shall
 1055  provide guidance on appropriate strategies for diagnosing and
 1056  meeting the varying instructional needs of students reading
 1057  below grade level. Reading courses shall be designed and offered
 1058  pursuant to the comprehensive reading plan required by s.
 1059  1011.62(9).
 1060         2. For each year in which a student scores at Level 1 or
 1061  Level 2 on FCAT Mathematics, the student must receive
 1062  remediation the following year. These courses may be taught
 1063  through applied, integrated, or combined courses and are subject
 1064  to approval by the department for inclusion in the Course Code
 1065  Directory.
 1066  
 1067  Beginning with students entering grade 9 in the 2011-2012 school
 1068  year, at least one course must be taken online. However, an
 1069  online course taken during grades 6 through 8 fulfills this
 1070  requirement. A student who is eligible for dual enrollment may
 1071  fulfill this requirement through participation in any online
 1072  course offered by a state college, state university, or an
 1073  independent college or university.
 1074         Section 11. Section 1003.07, Florida Statutes, is created
 1075  to read:
 1076         1003.07Digital Learning Now.—There is created the Digital
 1077  Learning Now Act.
 1078         (1) ELEMENTS OF HIGH-QUALITY DIGITAL LEARNING.—The
 1079  Legislature finds that each student enrolled as a public school,
 1080  private school, or home education student should have access to
 1081  multiple high-quality digital learning providers that provide
 1082  the following elements, which are essential for a high-quality
 1083  digital learning environment in the state:
 1084         (a) Access to digital learning.
 1085         (b) Access to high-quality digital content and online
 1086  courses.
 1087         (c) Education that is customized to the needs of the
 1088  student using digital content provided by state-approved
 1089  providers.
 1090         (d) A means for the student to demonstrate competency in
 1091  completed coursework.
 1092         (e) High-quality digital content, instructional materials,
 1093  and online and blended-learning courses.
 1094         (f) High-quality digital instruction and teachers.
 1095         (g) Content and instruction that are evaluated on the
 1096  metric of student learning.
 1097         (h) The use of funding as an incentive for performance,
 1098  options, and innovation.
 1099         (i) Infrastructure that supports digital learning.
 1100         (j) Online administration of state assessments.
 1101         (2) STUDENT ELIGIBILITY AND ACCESS.—Each student,
 1102  regardless of whether he or she is enrolled in a public school
 1103  or private school or is a home education student, is eligible to
 1104  participate in full-time or part-time state virtual programs
 1105  through:
 1106         (a) The Florida Virtual School established in s.
 1107  1002.37(1)(b).
 1108         (b) Virtual education programs established in s. 1002.45.
 1109         (c) Virtual charter schools as authorized in s. 1002.33.
 1110         (3) DIGITAL PREPARATION.—Each student must graduate from
 1111  high school having had experience in taking an online course as
 1112  provided in s. 1003.428.
 1113         (4) CUSTOMIZED AND ACCELERATED LEARNING.—Any student who is
 1114  enrolled in a public school district may register and enroll in
 1115  an online course identified in the course code directory offered
 1116  by any other district in the state. The student may register and
 1117  enroll only in those courses offered directly by the school
 1118  district and may not enroll in courses offered through district
 1119  virtual instruction programs. The district that offers the
 1120  course and in which the student completes the course shall
 1121  report the student’s completion in the course for funding
 1122  pursuant to s. 1011.61(1)(c)1.b.(VI).
 1123         (5) ONLINE CONTENT AND INSTRUCTION.—
 1124         (a) A district may offer online content that is aligned
 1125  with Next Generation Sunshine Standards or core curricular
 1126  standards, as appropriate.
 1127         (b) A district may use an online instructor who resides
 1128  within or outside the district in a full-time capacity or as an
 1129  adjunct educator pursuant to s. 1012.57.
 1130         Section 12. Paragraph (g) of subsection (3) of section
 1131  1008.22, Florida Statutes, is amended to read:
 1132         1008.22 Student assessment program for public schools.—
 1133         (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
 1134  design and implement a statewide program of educational
 1135  assessment that provides information for the improvement of the
 1136  operation and management of the public schools, including
 1137  schools operating for the purpose of providing educational
 1138  services to youth in Department of Juvenile Justice programs.
 1139  The commissioner may enter into contracts for the continued
 1140  administration of the assessment, testing, and evaluation
 1141  programs authorized and funded by the Legislature. Contracts may
 1142  be initiated in 1 fiscal year and continue into the next and may
 1143  be paid from the appropriations of either or both fiscal years.
 1144  The commissioner is authorized to negotiate for the sale or
 1145  lease of tests, scoring protocols, test scoring services, and
 1146  related materials developed pursuant to law. Pursuant to the
 1147  statewide assessment program, the commissioner shall:
 1148         (g) Beginning in 2014-2015 school year, administer all
 1149  statewide assessment, including end-of-course assessments, in an
 1150  online format. Study the cost and student achievement impact of
 1151  secondary end-of-course assessments, including web-based and
 1152  performance formats, and report to the Legislature prior to
 1153  implementation.
 1154         Section 13. Paragraph (c) of subsection (1) of section
 1155  1011.61, Florida Statutes, is amended to read:
 1156         1011.61 Definitions.—Notwithstanding the provisions of s.
 1157  1000.21, the following terms are defined as follows for the
 1158  purposes of the Florida Education Finance Program:
 1159         (1) A “full-time equivalent student” in each program of the
 1160  district is defined in terms of full-time students and part-time
 1161  students as follows:
 1162         (c)1. A “full-time equivalent student” is:
 1163         a. A full-time student in any one of the programs listed in
 1164  s. 1011.62(1)(c); or
 1165         b. A combination of full-time or part-time students in any
 1166  one of the programs listed in s. 1011.62(1)(c) which is the
 1167  equivalent of one full-time student based on the following
 1168  calculations:
 1169         (I) A full-time student, except a postsecondary or adult
 1170  student or a senior high school student enrolled in adult
 1171  education when such courses are required for high school
 1172  graduation, in a combination of programs listed in s.
 1173  1011.62(1)(c) shall be a fraction of a full-time equivalent
 1174  membership in each special program equal to the number of net
 1175  hours per school year for which he or she is a member, divided
 1176  by the appropriate number of hours set forth in subparagraph
 1177  (a)1. or subparagraph (a)2. The difference between that fraction
 1178  or sum of fractions and the maximum value as set forth in
 1179  subsection (4) for each full-time student is presumed to be the
 1180  balance of the student’s time not spent in such special
 1181  education programs and shall be recorded as time in the
 1182  appropriate basic program.
 1183         (II) A prekindergarten handicapped student shall meet the
 1184  requirements specified for kindergarten students.
 1185         (III) A full-time equivalent student for students in
 1186  kindergarten through grade 12 5 in a full-time school district
 1187  virtual instruction program under s. 1002.45 shall consist of a
 1188  student who has successfully completed a basic program listed in
 1189  s. 1011.62(1)(c)1. or 3., as prescribed in s. 1002.45 s.
 1190  1011.62(1)(c)1.a. or b., and who is promoted to a higher grade
 1191  level.
 1192         (IV) A full-time equivalent student for students in grades
 1193  6 through 12 in a part-time school district virtual instruction
 1194  program under s. 1002.45(1)(b)1. and 2. shall consist of six
 1195  full credit course completions in programs listed in s.
 1196  1011.62(1)(c)1.b. or c. and 3. Course Credit completions may can
 1197  be a combination of full-credit courses or half-credit courses
 1198  either full credits or half credits.
 1199         (V) A Florida Virtual School full-time equivalent student
 1200  shall consist of six full credit course completions or the
 1201  prescribed level of content that counts toward promotion to the
 1202  next grade in the programs listed in s. 1011.62(1)(c)1.a. and b.
 1203  for kindergarten grades 6 through grade 8 and the programs
 1204  listed in s. 1011.62(1)(c)1.c. and 3. for grades 9 through 12.
 1205  Course Credit completions may can be a combination of full
 1206  credit courses or half-credit courses either full credits or
 1207  half credits.
 1208         (VI) Each successfully completed credit earned though an
 1209  online course delivered by a district other than the district in
 1210  which the student resides shall be calculated as 1/6 FTE.
 1211         (VII)(VI) Each successfully completed credit earned under
 1212  the alternative high school course credit requirements
 1213  authorized in s. 1002.375, which is not reported as a portion of
 1214  the 900 net hours of instruction pursuant to subparagraph
 1215  (1)(a)1., shall be calculated as 1/6 FTE.
 1216         2. A student in membership in a program scheduled for more
 1217  or less than 180 school days or the equivalent on an hourly
 1218  basis as specified by rules of the State Board of Education is a
 1219  fraction of a full-time equivalent membership equal to the
 1220  number of instructional hours in membership divided by the
 1221  appropriate number of hours set forth in subparagraph (a)1.;
 1222  however, for the purposes of this subparagraph, membership in
 1223  programs scheduled for more than 180 days is limited to students
 1224  enrolled in juvenile justice education programs and the Florida
 1225  Virtual School.
 1226  
 1227  The department shall determine and implement an equitable method
 1228  of equivalent funding for experimental schools and for schools
 1229  operating under emergency conditions, which schools have been
 1230  approved by the department to operate for less than the minimum
 1231  school day.
 1232         Section 14. Section 1011.68, Florida Statutes, is amended
 1233  to read:
 1234         1011.68 Funds for student transportation.—The annual
 1235  allocation to each district for transportation to public school
 1236  programs, including charter schools as provided in s.
 1237  1002.33(18)(b) 1002.33(17)(b), of students in membership in
 1238  kindergarten through grade 12 and in migrant and exceptional
 1239  student programs below kindergarten shall be determined as
 1240  follows:
 1241         (1) Subject to the rules of the State Board of Education,
 1242  each district shall determine the membership of students who are
 1243  transported:
 1244         (a) By reason of living 2 miles or more from school.
 1245         (b) By reason of being students with disabilities or
 1246  enrolled in a teenage parent program, regardless of distance to
 1247  school.
 1248         (c) By reason of being in a state prekindergarten program,
 1249  regardless of distance from school.
 1250         (d) By reason of being career, dual enrollment, or students
 1251  with disabilities transported from one school center to another
 1252  to participate in an instructional program or service; or
 1253  students with disabilities, transported from one designation to
 1254  another in the state, provided one designation is a school
 1255  center and provided the student’s individual educational plan
 1256  (IEP) identifies the need for the instructional program or
 1257  service and transportation to be provided by the school
 1258  district. A “school center” is defined as a public school
 1259  center, community college, state university, or other facility
 1260  rented, leased, or owned and operated by the school district or
 1261  another public agency. A “dual enrollment student” is defined as
 1262  a public school student in membership in both a public secondary
 1263  school program and a community college or a state university
 1264  program under a written agreement to partially fulfill ss.
 1265  1003.435 and 1007.23 and earning full-time equivalent membership
 1266  under s. 1011.62(1)(i).
 1267         (e) With respect to elementary school students whose grade
 1268  level does not exceed grade 6, by reason of being subjected to
 1269  hazardous walking conditions en route to or from school as
 1270  provided in s. 1006.23. Such rules shall, when appropriate,
 1271  provide for the determination of membership under this paragraph
 1272  for less than 1 year to accommodate the needs of students who
 1273  require transportation only until such hazardous conditions are
 1274  corrected.
 1275         (f) By reason of being a pregnant student or student
 1276  parent, and the child of a student parent as provided in s.
 1277  1003.54, regardless of distance from school.
 1278         (2) The allocation for each district shall be calculated
 1279  annually in accordance with the following formula:
 1280  
 1281  T = B + EX. The elements of this formula are defined as follows:
 1282  T is the total dollar allocation for transportation. B is the
 1283  base transportation dollar allocation prorated by an adjusted
 1284  student membership count. The adjusted membership count shall be
 1285  derived from a multiplicative index function in which the base
 1286  student membership is adjusted by multiplying it by index
 1287  numbers that individually account for the impact of the price
 1288  level index, average bus occupancy, and the extent of rural
 1289  population in the district. EX is the base transportation dollar
 1290  allocation for disabled students prorated by an adjusted
 1291  disabled student membership count. The base transportation
 1292  dollar allocation for disabled students is the total state base
 1293  disabled student membership count weighted for increased costs
 1294  associated with transporting disabled students and multiplying
 1295  it by an average per student cost for transportation as
 1296  determined by the Legislature. The adjusted disabled student
 1297  membership count shall be derived from a multiplicative index
 1298  function in which the weighted base disabled student membership
 1299  is adjusted by multiplying it by index numbers that individually
 1300  account for the impact of the price level index, average bus
 1301  occupancy, and the extent of rural population in the district.
 1302  Each adjustment factor shall be designed to affect the base
 1303  allocation by no more or less than 10 percent.
 1304         (3) The total allocation to each district for
 1305  transportation of students shall be the sum of the amounts
 1306  determined in subsection (2). If the funds appropriated for the
 1307  purpose of implementing this section are not sufficient to pay
 1308  the base transportation allocation and the base transportation
 1309  allocation for disabled students, the Department of Education
 1310  shall prorate the available funds on a percentage basis. If the
 1311  funds appropriated for the purpose of implementing this section
 1312  exceed the sum of the base transportation allocation and the
 1313  base transportation allocation for disabled students, the base
 1314  transportation allocation for disabled students shall be limited
 1315  to the amount calculated in subsection (2), and the remaining
 1316  balance shall be added to the base transportation allocation.
 1317         (4) No district shall use funds to purchase transportation
 1318  equipment and supplies at prices which exceed those determined
 1319  by the department to be the lowest which can be obtained, as
 1320  prescribed in s. 1006.27(1).
 1321         (5) Funds allocated or apportioned for the payment of
 1322  student transportation services may be used to pay for
 1323  transportation of students to and from school on local general
 1324  purpose transportation systems. Student transportation funds may
 1325  also be used to pay for transportation of students to and from
 1326  school in private passenger cars and boats when the
 1327  transportation is for isolated students, or students with
 1328  disabilities as defined by rule. Subject to the rules of the
 1329  State Board of Education, each school district shall determine
 1330  and report the number of assigned students using general purpose
 1331  transportation private passenger cars and boats. The allocation
 1332  per student must be equal to the allocation per student riding a
 1333  school bus.
 1334         (6) Notwithstanding other provisions of this section, in no
 1335  case shall any student or students be counted for transportation
 1336  funding more than once per day. This provision includes counting
 1337  students for funding pursuant to trips in school buses,
 1338  passenger cars, or boats or general purpose transportation.
 1339         Section 15. Section 1012.57, Florida Statutes, is amended
 1340  to read:
 1341         1012.57 Certification of adjunct educators.—
 1342         (1) Notwithstanding the provisions of ss. 1012.32, 1012.55,
 1343  and 1012.56, or any other provision of law or rule to the
 1344  contrary, district school boards shall adopt rules to allow for
 1345  the issuance of an adjunct teaching certificate to any applicant
 1346  who fulfills the requirements of s. 1012.56(2)(a)-(f) and (10)
 1347  and who has expertise in the subject area to be taught. An
 1348  applicant shall be considered to have expertise in the subject
 1349  area to be taught if the applicant demonstrates sufficient
 1350  subject area mastery through passage of a subject area test. The
 1351  adjunct teaching certificate shall be used for part-time
 1352  teaching positions.
 1353         (2) The Legislature intends that this section The intent of
 1354  this provision is to allow:
 1355         (a) School districts to tap the wealth of talent and
 1356  expertise represented in Florida’s citizens who may wish to
 1357  teach part-time in a Florida public school by permitting school
 1358  districts to issue adjunct certificates to qualified applicants.
 1359         (b) School districts to use the expertise of individuals in
 1360  this state or other states who wish to provide online
 1361  instruction to Florida students by permitting school districts
 1362  to issue adjunct certificates to qualified applicants.
 1363         (3) Adjunct certificateholders should be used as a strategy
 1364  to enhance the diversity of course offerings offered to all
 1365  Florida students. reduce the teacher shortage; thus, adjunct
 1366  certificateholders should supplement a school’s instructional
 1367  staff, not supplant it. Each school principal shall assign an
 1368  experienced peer mentor to assist the adjunct teaching
 1369  certificateholder during the certificateholder’s first year of
 1370  teaching, and an adjunct certificateholder may participate in a
 1371  district’s new teacher training program. District school boards
 1372  shall provide the adjunct teaching certificateholder an
 1373  orientation in classroom management prior to assigning the
 1374  certificateholder to a school.
 1375         (4) Each adjunct teaching certificate is valid through the
 1376  term of the contract between the educator and the school
 1377  district for 5 school years and is renewable if the applicant
 1378  has received satisfactory performance evaluations during each
 1379  year of teaching under adjunct teaching certification.
 1380         (2) Individuals who are certified and employed under this
 1381  section shall have the same rights and protection of laws as
 1382  teachers certified under s. 1012.56.
 1383         Section 16. Paragraphs (a) and (e) of subsection (1) and
 1384  paragraph (h) of subsection (2) of section 1013.62, Florida
 1385  Statutes, are amended to read:
 1386         1013.62 Charter schools capital outlay funding.—
 1387         (1) In each year in which funds are appropriated for
 1388  charter school capital outlay purposes, the Commissioner of
 1389  Education shall allocate the funds among eligible charter
 1390  schools.
 1391         (a) To be eligible for a funding allocation, a charter
 1392  school must:
 1393         1.a. Have been in operation for 3 or more years;
 1394         b. Be governed by a governing board established in the
 1395  state for 3 or more years which operates both charter schools
 1396  and conversion charter schools within the state;
 1397         c. Be an expanded feeder chain of a charter school within
 1398  the same school district that is currently receiving charter
 1399  school capital outlay funds;
 1400         d. Have been accredited by the Commission on Schools of the
 1401  Southern Association of Colleges and Schools; or
 1402         e. Serve students in facilities that are provided by a
 1403  business partner for a charter school-in-the-workplace pursuant
 1404  to s. 1002.33(16)(b) 1002.33(15)(b).
 1405         2. Have financial stability for future operation as a
 1406  charter school.
 1407         3. Have satisfactory student achievement based on state
 1408  accountability standards applicable to the charter school.
 1409         4. Have received final approval from its sponsor pursuant
 1410  to s. 1002.33 for operation during that fiscal year.
 1411         5. Serve students in facilities that are not provided by
 1412  the charter school’s sponsor.
 1413         (e) Unless otherwise provided in the General Appropriations
 1414  Act, the funding allocation for each eligible charter school is
 1415  determined by multiplying the school’s projected student
 1416  enrollment by one-fifteenth of the cost-per-student station
 1417  specified in s. 1013.64(6)(b) for an elementary, middle, or high
 1418  school, as appropriate. If the funds appropriated are not
 1419  sufficient, the commissioner shall prorate the available funds
 1420  among eligible charter schools. However, a charter school or
 1421  charter lab school may not receive state charter school capital
 1422  outlay funds greater than the one-fifteenth cost per student
 1423  station formula if the charter school’s combination of state
 1424  charter school capital outlay funds, capital outlay funds
 1425  calculated through the reduction in the administrative fee
 1426  provided in s. 1002.33(21) 1002.33(20), and capital outlay funds
 1427  allowed in s. 1002.32(9)(e) and (h) exceeds the one-fifteenth
 1428  cost per student station formula.
 1429         (2) A charter school’s governing body may use charter
 1430  school capital outlay funds for the following purposes:
 1431         (h) Purchase, lease-purchase, or lease of driver’s
 1432  education vehicles; motor vehicles used for the maintenance or
 1433  operation of plants and equipment; security vehicles; or
 1434  vehicles used in storing or distributing materials and
 1435  equipment.
 1436  
 1437  Conversion charter schools may use capital outlay funds received
 1438  through the reduction in the administrative fee provided in s.
 1439  1002.33(21) 1002.33(20) for renovation, repair, and maintenance
 1440  of school facilities that are owned by the sponsor.
 1441         Section 17. By December 1, 2011, the Office of Program
 1442  Policy Analysis and Government Accountability, or an independent
 1443  research organization selected by the department, shall submit a
 1444  report to the Governor, the President of the Senate, and the
 1445  Speaker of the House of Representatives which evaluates the best
 1446  methods for implementing part-time virtual education in
 1447  kindergarten through grade 5.
 1448         Section 18. If any provision of this act or its application
 1449  to any person or circumstance is held invalid, the invalidity
 1450  does not affect other provisions or applications of the act
 1451  which can be given effect without the invalid provision or
 1452  application, and to this end the provisions of this act are
 1453  severable.
 1454         Section 19. This act shall take effect upon becoming a law.