Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1402
       
       
       
       
       
       
                                Barcode 161362                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/08/2012           .                                
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       The Committee on Education Pre-K - 12 (Bogdanoff) recommended
       the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present paragraph (d) of subsection (18) of
    6  section 1002.20, Florida Statutes, is redesignated as paragraph
    7  (e), and a new paragraph (d) is added to that subsection, to
    8  read:
    9         1002.20 K-12 student and parent rights.—Parents of public
   10  school students must receive accurate and timely information
   11  regarding their child’s academic progress and must be informed
   12  of ways they can help their child to succeed in school. K-12
   13  students and their parents are afforded numerous statutory
   14  rights including, but not limited to, the following:
   15         (18) EXTRACURRICULAR ACTIVITIES.—In accordance with the
   16  provisions of s. 1006.15:
   17         (d) Florida Virtual School full-time students.–Florida
   18  Virtual School full-time students who meet specified academic
   19  and conduct requirements are eligible to participate in
   20  extracurricular activities at the public school to which the
   21  student would be assigned or could choose to attend according to
   22  district school board policies.
   23         Section 2. Paragraph (e) of subsection (4) of section
   24  1002.321, Florida Statutes, is amended, and subsection (5) is
   25  added to that section, to read:
   26         1002.321 Digital learning.—
   27         (4) CUSTOMIZED AND ACCELERATED LEARNING.—A school district
   28  must establish multiple opportunities for student participation
   29  in part-time and full-time kindergarten through grade 12 virtual
   30  instruction. Options include, but are not limited to:
   31         (e) Courses delivered in the traditional school setting by
   32  personnel providing direct instruction through a virtual
   33  instruction environment or through though a blended learning
   34  courses consisting of both traditional classroom and online
   35  instructional techniques virtual and physical environment
   36  pursuant to s. 1003.498.
   37         (5) INTEGRITY OF ONLINE COURSES.—It is unlawful for any
   38  person to knowingly and willfully take an online course or
   39  examination on behalf of another person. Any person who violates
   40  this subsection commits a misdemeanor of the first degree,
   41  punishable as provided in s. 775.082 or s. 775.083.
   42         Section 3. Section 1002.37, Florida Statutes, is amended,
   43  to read:
   44         1002.37 The Florida Virtual School.—
   45         (1)(a) The Florida Virtual School is established for the
   46  development and delivery of online and distance learning
   47  education. The Commissioner of Education shall monitor the
   48  school’s performance and report its performance to the State
   49  Board of Education and the Legislature.
   50         (b) The mission of the Florida Virtual School is to provide
   51  students with technology-based educational opportunities to gain
   52  the knowledge and skills necessary to succeed. The school shall
   53  serve any student in the state who meets the profile for success
   54  in this educational delivery context and shall give priority to:
   55         1. Students who need expanded access to courses in order to
   56  meet their educational goals, such as home education students
   57  and students in inner-city and rural high schools who do not
   58  have access to higher-level courses.
   59         2. Students seeking accelerated access in order to obtain a
   60  high school diploma at least one semester early.
   61         (c) To ensure students are informed of the opportunities
   62  offered by the Florida Virtual School, the commissioner shall
   63  provide the board of trustees of the Florida Virtual School
   64  access to the records of public school students in a format
   65  prescribed by the board of trustees.
   66  
   67  The board of trustees of the Florida Virtual School shall
   68  identify appropriate performance measures and standards based on
   69  student achievement that reflect the school’s statutory mission
   70  and priorities, and shall implement an accountability system for
   71  the school that includes assessment of its effectiveness and
   72  efficiency in providing quality services that encourage high
   73  student achievement, seamless articulation, and maximum access.
   74         (2) The Florida Virtual School shall be governed by a board
   75  of trustees comprised of seven members appointed by the Governor
   76  to 4-year staggered terms. The board of trustees shall be a
   77  public agency entitled to sovereign immunity pursuant to s.
   78  768.28, and board members shall be public officers who shall
   79  bear fiduciary responsibility for the Florida Virtual School.
   80  The board of trustees shall have the following powers and
   81  duties:
   82         (a)1. The board of trustees shall meet at least 4 times
   83  each year, upon the call of the chair, or at the request of a
   84  majority of the membership.
   85         2. The fiscal year for the Florida Virtual School shall be
   86  the state fiscal year as provided in s. 216.011(1)(o).
   87         (b) The board of trustees shall be responsible for the
   88  Florida Virtual School’s development of a state-of-the-art
   89  technology-based education delivery system that is cost
   90  effective, educationally sound, marketable, and capable of
   91  sustaining a self-sufficient delivery system through the Florida
   92  Education Finance Program.
   93         (c) The board of trustees shall aggressively seek avenues
   94  to generate revenue to support its future endeavors, and shall
   95  enter into agreements with distance learning providers. The
   96  board of trustees may acquire, enjoy, use, and dispose of
   97  patents, copyrights, and trademarks and any licenses and other
   98  rights or interests thereunder or therein. Ownership of all such
   99  patents, copyrights, trademarks, licenses, and rights or
  100  interests thereunder or therein shall vest in the state, with
  101  the board of trustees having full right of use and full right to
  102  retain the revenues derived therefrom. Any funds realized from
  103  patents, copyrights, trademarks, or licenses shall be considered
  104  internal funds as provided in s. 1011.07. Such funds shall be
  105  used to support the school’s marketing and research and
  106  development activities in order to improve courseware and
  107  services to its students.
  108         (d) The board of trustees shall be responsible for the
  109  administration and control of all local school funds derived
  110  from all activities or sources and shall prescribe the
  111  principles and procedures to be followed in administering these
  112  funds.
  113         (e) The Florida Virtual School may accrue supplemental
  114  revenue from supplemental support organizations, which include,
  115  but are not limited to, alumni associations, foundations,
  116  parent-teacher associations, and booster associations. The
  117  governing body of each supplemental support organization shall
  118  recommend the expenditure of moneys collected by the
  119  organization for the benefit of the school. Such expenditures
  120  shall be contingent upon the review of the executive director.
  121  The executive director may override any proposed expenditure of
  122  the organization that would violate Florida law or breach sound
  123  educational management.
  124         (f) In accordance with law and rules of the State Board of
  125  Education, the board of trustees shall administer and maintain
  126  personnel programs for all employees of the board of trustees
  127  and the Florida Virtual School. The board of trustees may adopt
  128  rules, policies, and procedures related to the appointment,
  129  employment, and removal of personnel.
  130         1. The board of trustees shall determine the compensation,
  131  including salaries and fringe benefits, and other conditions of
  132  employment for such personnel.
  133         2. The board of trustees may establish and maintain a
  134  personnel loan or exchange program by which persons employed by
  135  the board of trustees for the Florida Virtual School as academic
  136  administrative and instructional staff may be loaned to, or
  137  exchanged with persons employed in like capacities by, public
  138  agencies either within or without this state, or by private
  139  industry. With respect to public agency employees, the program
  140  authorized by this subparagraph shall be consistent with the
  141  requirements of part II of chapter 112. The salary and benefits
  142  of board of trustees personnel participating in the loan or
  143  exchange program shall be continued during the period of time
  144  they participate in a loan or exchange program, and such
  145  personnel shall be deemed to have no break in creditable or
  146  continuous service or employment during such time. The salary
  147  and benefits of persons participating in the personnel loan or
  148  exchange program who are employed by public agencies or private
  149  industry shall be paid by the originating employers of those
  150  participants, and such personnel shall be deemed to have no
  151  break in creditable or continuous service or employment during
  152  such time.
  153         3. The employment of all Florida Virtual School academic
  154  administrative and instructional personnel shall be subject to
  155  rejection for cause by the board of trustees, and shall be
  156  subject to policies of the board of trustees relative to
  157  certification, tenure, leaves of absence, sabbaticals,
  158  remuneration, and such other conditions of employment as the
  159  board of trustees deems necessary and proper, not inconsistent
  160  with law.
  161         4. Each person employed by the board of trustees in an
  162  academic administrative or instructional capacity with the
  163  Florida Virtual School shall be entitled to a contract as
  164  provided by rules of the board of trustees.
  165         5. All employees except temporary, seasonal, and student
  166  employees may be state employees for the purpose of being
  167  eligible to participate in the Florida Retirement System and
  168  receive benefits. The classification and pay plan, including
  169  terminal leave and other benefits, and any amendments thereto,
  170  shall be subject to review and approval by the Department of
  171  Management Services and the Executive Office of the Governor
  172  prior to adoption.
  173         (g) The board of trustees shall establish priorities for
  174  admission of students in accordance with paragraph (1)(b).
  175         (h) The board of trustees shall establish and distribute to
  176  all school districts and high schools in the state procedures
  177  for enrollment of students in courses offered by the Florida
  178  Virtual School.
  179         (i) The board of trustees shall establish criteria defining
  180  the elements of an approved franchise. The board of trustees may
  181  enter into franchise agreements with Florida district school
  182  boards and may establish the terms and conditions governing such
  183  agreements. The board of trustees shall establish the
  184  performance and accountability measures and report the
  185  performance of each school district franchise to the
  186  Commissioner of Education.
  187         (j) The board of trustees shall submit to the State Board
  188  of Education both forecasted and actual enrollments and credit
  189  completions for the Florida Virtual School, according to
  190  procedures established by the State Board of Education. At a
  191  minimum, such procedures must include the number of public,
  192  private, and home education students served by program and by
  193  county of residence.
  194         (k) The board of trustees shall provide for the content and
  195  custody of student and employee personnel records. Student
  196  records shall be subject to the provisions of s. 1002.22.
  197  Employee records shall be subject to the provisions of s.
  198  1012.31.
  199         (l) The financial records and accounts of the Florida
  200  Virtual School shall be maintained under the direction of the
  201  board of trustees and under rules adopted by the State Board of
  202  Education for the uniform system of financial records and
  203  accounts for the schools of the state.
  204  
  205  The Governor shall designate the initial chair of the board of
  206  trustees to serve a term of 4 years. Members of the board of
  207  trustees shall serve without compensation, but may be reimbursed
  208  for per diem and travel expenses pursuant to s. 112.061. The
  209  board of trustees shall be a body corporate with all the powers
  210  of a body corporate and such authority as is needed for the
  211  proper operation and improvement of the Florida Virtual School.
  212  The board of trustees is specifically authorized to adopt rules,
  213  policies, and procedures, consistent with law and rules of the
  214  State Board of Education related to governance, personnel,
  215  budget and finance, administration, programs, curriculum and
  216  instruction, travel and purchasing, technology, students,
  217  contracts and grants, and property as necessary for optimal,
  218  efficient operation of the Florida Virtual School. Tangible
  219  personal property owned by the board of trustees shall be
  220  subject to the provisions of chapter 273.
  221         (3) Funding for the Florida Virtual School shall be
  222  provided as follows:
  223         (a)1. For a student in grades 9 through 12, a “full-time
  224  equivalent student” is one student who has successfully
  225  completed six full-credit courses that count toward the minimum
  226  number of credits required for high school graduation. A student
  227  who completes fewer than six full-credit courses is a fraction
  228  of a full-time equivalent student. Half-credit course
  229  completions shall be included in determining a full-time
  230  equivalent student. Credit completed by a student in excess of
  231  the minimum required for that student for high school graduation
  232  is not eligible for funding.
  233         2. For a student in kindergarten through grade 8, a “full
  234  time equivalent student” is one student who has successfully
  235  completed six courses or the prescribed level of content that
  236  counts toward promotion to the next grade. A student who
  237  completes fewer than six courses or the prescribed level of
  238  content shall be a fraction of a full-time equivalent student.
  239         3. Beginning in the 2014-2015 fiscal year, when s.
  240  1008.22(3)(g) is implemented, the reported full-time equivalent
  241  students and associated funding of students enrolled in courses
  242  requiring passage of an end-of-course assessment shall be
  243  adjusted after the student completes the end-of-course
  244  assessment. However, no adjustment shall be made for home
  245  education program students who choose not to take an end-of
  246  course assessment.
  247  
  248  For purposes of this paragraph, the calculation of “full-time
  249  equivalent student” shall be as prescribed in s.
  250  1011.61(1)(c)1.b.(V).
  251         (b) Full-time equivalent student credit completed through
  252  the Florida Virtual School, including credits completed during
  253  the summer, shall be reported to the Department of Education in
  254  the manner prescribed by the department and shall be funded
  255  through the Florida Education Finance Program.
  256         (c) School districts may not limit student access to
  257  courses offered through the Florida Virtual School.
  258         (d) Full-time equivalent student credit completion for
  259  courses offered through the Florida Virtual School shall be
  260  reported only by the Florida Virtual School. School districts
  261  shall report full-time equivalent student membership only for
  262  courses for which the district provides the instruction.
  263         (e) The district cost differential as provided in s.
  264  1011.62(2) shall be established as 1.000.
  265         (f) The Florida Virtual School shall receive funds for
  266  operating purposes in an amount determined as follows: multiply
  267  the maximum allowable nonvoted discretionary millage for
  268  operations pursuant to s. 1011.71(1) and (3) by the value of 96
  269  percent of the current year’s taxable value for school purposes
  270  for the state; divide the result by the total full-time
  271  equivalent membership of the state; and multiply the result by
  272  the full-time equivalent membership of the school. The amount
  273  thus obtained shall be discretionary operating funds and shall
  274  be appropriated from state funds in the General Appropriations
  275  Act.
  276         (g) The Florida Virtual School shall receive additional
  277  state funds as may be provided in the General Appropriations
  278  Act; however, such funds may not be provided for the purpose of
  279  fulfilling the class size requirements in ss. 1003.03 and
  280  1011.685.
  281         (h) In addition to the funds provided in the General
  282  Appropriations Act, the Florida Virtual School may receive other
  283  funds from grants and donations.
  284         (4) School districts operating a virtual school that is an
  285  approved franchise of the Florida Virtual School may count full
  286  time equivalent students, as provided in paragraph (3)(a), if
  287  such school has been certified as an approved franchise by the
  288  Commissioner of Education based on criteria established by the
  289  board of trustees pursuant to paragraph (2)(i).
  290         (5) Under no circumstance may the credit of the state be
  291  pledged on behalf of the Florida Virtual School.
  292         (6) The board of trustees shall annually submit to the
  293  Governor, the Legislature, the Commissioner of Education, and
  294  the State Board of Education a complete and detailed report
  295  setting forth:
  296         (a) The operations and accomplishments of the Florida
  297  Virtual School.
  298         (b) The marketing and operational plan for the Florida
  299  Virtual School, including recommendations regarding methods for
  300  improving the delivery of education through the Internet and
  301  other distance learning technology.
  302         (c) The assets and liabilities of the Florida Virtual
  303  School at the end of the fiscal year.
  304         (d) A copy of an annual financial audit of the accounts and
  305  records of the Florida Virtual School, conducted by an
  306  independent certified public accountant and performed in
  307  accordance with rules adopted by the Auditor General.
  308         (e) Recommendations regarding the unit cost of providing
  309  services to students. In order to most effectively develop
  310  public policy regarding any future funding of the Florida
  311  Virtual School, it is imperative that the cost of the program is
  312  accurately identified. The identified cost of the program must
  313  be based on reliable data.
  314         (f) Recommendations regarding an accountability mechanism
  315  to assess the effectiveness of the services provided by the
  316  Florida Virtual School.
  317         (7) The State Board of Education may adopt rules it deems
  318  necessary to implement reporting requirements for the Florida
  319  Virtual School.
  320         (8)(a) The Florida Virtual School may provide full-time and
  321  part-time instruction for students in kindergarten through grade
  322  12 and part-time instruction for students in grades 4 through
  323  12. To receive part-time instruction in kindergarten through
  324  grade 5 full-time instruction in grades 2 through 5, a student
  325  must meet at least one of the eligibility criteria in s.
  326  1002.455(2). Part-time instruction for grades 4 and 5 may be
  327  provided only to public school students taking grade 6 through
  328  grade 8 courses.
  329         (b) For students receiving part-time instruction in
  330  kindergarten through grade grades 4 and 5 and students receiving
  331  full-time instruction in kindergarten through grade 12 from the
  332  Florida Virtual School, the combined total of all FTE reported
  333  by both the school district and the Florida Virtual School may
  334  not exceed 1.0 FTE.
  335         (9) Each elementary school principal must notify the parent
  336  of each student who scores at Level 4 or Level 5 on FCAT Reading
  337  or FCAT Mathematics of the option for the student to take
  338  accelerated courses through the Florida Virtual School.
  339         (9)(10)(a) Public school students receiving full-time
  340  instruction in kindergarten through grade 12 by the Florida
  341  Virtual School must take all statewide assessments required
  342  pursuant to s. 1008.22.
  343         (b) Public school students receiving part-time instruction
  344  by the Florida Virtual School in courses requiring statewide
  345  end-of-course assessments must take all statewide end-of-course
  346  assessments required pursuant to s. 1008.22(3)(c)2.
  347         (c) All statewide assessments must be taken at the school
  348  to which the student would be assigned according to district
  349  school board attendance area policies within the school district
  350  in which the student resides. A school district must provide the
  351  student with access to the school’s district’s testing
  352  facilities.
  353         (10)(11) The Florida Virtual School shall receive a school
  354  grade pursuant to s. 1008.34 for students receiving full-time
  355  instruction.
  356         (11) The Florida Virtual School is subject to, with respect
  357  to its full-time program, and shall be considered a district
  358  school board within the context of the following statutes:
  359         (a) Section 1001.52, relating to the reproduction and
  360  destruction of district school records;
  361         (b) Section 1003.22, relating to school-entry health
  362  examinations;
  363         (c) Section 1003.26, relating to the enforcement of school
  364  attendance;
  365         (d) Section 1003.33, relating to report cards;
  366         (e) Section 1003.4156, relating to requirements for middle
  367  grades promotion;
  368         (f) Section 1003.42, relating to required instruction;
  369         (g) Sections 1003.428 and 1003.43, relating to the general
  370  requirements for high school graduation;
  371         (h) Section 1003.49, relating to graduation and promotion
  372  requirements for publicly operated schools;
  373         (i) Section 1003.54, relating to teenage parent programs;
  374         (j) Section 1003.56, relating to English language
  375  instruction for limited English proficient students;
  376         (k) Section 1003.571, relating to instruction for
  377  exceptional students who have a disability;
  378         (l) Section 1006.025, relating to guidance services;
  379         (m) Section 1006.07, relating to student discipline and
  380  school safety;
  381         (n) Section 1007.271, relating to dual enrollment programs;
  382         (o) Section 1008.25, relating to student progression,
  383  remedial instruction, and reporting requirements; and
  384         (p) Section 1008.30, relating to common placement testing
  385  for public postsecondary education, except that school districts
  386  are required to administer any statewide test required, pursuant
  387  to paragraph (9)(c).
  388  
  389  This subsection does not limit or eliminate any other obligation
  390  imposed upon the Florida Virtual School by law.
  391         Section 4. Paragraph (b) of subsection (1), paragraph (a)
  392  of subsection (2), and paragraphs (c) and (f) of subsection (7)
  393  of section 1002.45, Florida Statutes, are amended to read:
  394         1002.45 Virtual instruction programs.—
  395         (1) PROGRAM.—
  396         (b) Each school district that is eligible for the sparsity
  397  supplement pursuant to s. 1011.62(7)(a) and (b) 1011.62(7) shall
  398  provide all enrolled public school students within its
  399  boundaries the option of participating in part-time and full
  400  time virtual instruction programs. Each school district that is
  401  not eligible for the sparsity supplement pursuant to s.
  402  1011.62(7)(a) and (b) shall provide at least three options for
  403  part-time and full-time virtual instruction. All school
  404  districts must provide parents with timely written notification
  405  of at least one an open enrollment period for full-time students
  406  of at least 90 days or more which that ends no later than 30
  407  days before prior to the first day of the school year. The
  408  purpose of the program is to make quality virtual instruction
  409  available to students using online and distance learning
  410  technology in the nontraditional classroom. A school district
  411  virtual instruction program shall consist of provide the
  412  following:
  413         1. Full-time virtual instruction for students enrolled in
  414  kindergarten through grade 12.
  415         2. Part-time virtual instruction for students enrolled in
  416  kindergarten grades 9 through grade 12 courses that are measured
  417  pursuant to subparagraph (8)(a)2.
  418         3. Full-time or part-time virtual instruction for students
  419  enrolled in dropout prevention and academic intervention
  420  programs under s. 1003.53, Department of Juvenile Justice
  421  education programs under s. 1003.52, core-curricula courses to
  422  meet class size requirements under s. 1003.03, or Florida
  423  College System institutions under this section.
  424         (2) PROVIDER QUALIFICATIONS.—
  425         (a) The department shall annually publish online a list of
  426  providers approved to offer virtual instruction programs. To be
  427  approved by the department, a provider must document that it:
  428         1. Is nonsectarian in its programs, admission policies,
  429  employment practices, and operations;
  430         2. Complies with the antidiscrimination provisions of s.
  431  1000.05;
  432         3. Locates an administrative office or offices in this
  433  state, requires its administrative staff to be state residents,
  434  requires all instructional staff to be Florida-certified
  435  teachers under chapter 1012, and conducts background screenings
  436  for all employees or contracted personnel, as required by s.
  437  1012.32, using state and national criminal history records;
  438         4. Possesses prior, successful experience offering online
  439  courses to elementary, middle, or high school students as
  440  demonstrated by quantified student learning gains in each
  441  subject area and grade level provided for consideration as an
  442  instructional program option;
  443         5. Is accredited by a regional accrediting association as
  444  defined by State Board of Education rule;
  445         6. Ensures instructional and curricular quality through a
  446  detailed curriculum and student performance accountability plan
  447  that addresses every subject and grade level it intends to
  448  provide through contract with the school district, including:
  449         a. Courses and programs that meet the standards of the
  450  International Association for K-12 Online Learning and the
  451  Southern Regional Education Board.
  452         b. Instructional content and services that align with, and
  453  measure student attainment of, student proficiency in the Next
  454  Generation Sunshine State Standards.
  455         c. Mechanisms that determine and ensure that a student has
  456  satisfied requirements for grade level promotion and high school
  457  graduation with a standard diploma, as appropriate;
  458         7. Publishes for the general public, in accordance with
  459  disclosure requirements adopted in rule by the State Board of
  460  Education, as part of its application as a provider and in all
  461  contracts negotiated pursuant to this section:
  462         a. Information and data about the curriculum of each full
  463  time and part-time program.
  464         b. School policies and procedures.
  465         c. Certification status and physical location of all
  466  administrative and instructional personnel.
  467         d. Hours and times of availability of instructional
  468  personnel.
  469         e. Student-teacher ratios.
  470         f. Student completion and promotion rates.
  471         g. Student, educator, and school performance accountability
  472  outcomes; and
  473         8. If the provider is a Florida College System institution,
  474  employs instructors who meet the certification requirements for
  475  instructional staff under chapter 1012; and
  476         9. Performs an annual financial audit of its accounts and
  477  records conducted by an independent certified public accountant
  478  which is in accordance with rules adopted by the Auditor
  479  General, is conducted in compliance with generally accepted
  480  auditing standards, and includes a report on financial
  481  statements presented in accordance with generally accepted
  482  accounting principles.
  483         (7) VIRTUAL INSTRUCTION PROGRAM AND VIRTUAL CHARTER SCHOOL
  484  FUNDING.—
  485         (c) For a student enrolled part-time in a kindergarten
  486  grades 6 through grade 12 virtual instruction program, a “full
  487  time equivalent student” has the same meaning as provided in s.
  488  1011.61(1)(c)1.b.(III) and (IV) 1011.61(1)(c)1.b.(IV).
  489         (f) The school district providing virtual instruction in
  490  which the student resides shall report full-time equivalent
  491  students for a virtual instruction program or a virtual charter
  492  school to the department in a manner prescribed by the
  493  department, and funding shall be provided through the Florida
  494  Education Finance Program. Funds received by the school district
  495  of residence for a student in a virtual instruction program
  496  provided by another school district under this section shall be
  497  transferred to the school district providing the virtual
  498  instruction program.
  499         Section 5. Subsections (2) and (3) of section 1002.455,
  500  Florida Statutes, are amended to read:
  501         1002.455 Student eligibility for K-12 virtual instruction.—
  502         (2) A student is eligible to participate in virtual
  503  instruction if:
  504         (a) The student spent the prior school year in attendance
  505  at a public school in the state and was enrolled and reported by
  506  the school district for funding during October and February for
  507  purposes of the Florida Education Finance Program surveys;
  508         (b) The student is a dependent child of a member of the
  509  United States Armed Forces who was transferred within the last
  510  12 months to this state from another state or from a foreign
  511  country pursuant to a permanent change of station order;
  512         (c) The student was enrolled during the prior school year
  513  in a virtual instruction program under s. 1002.45, the K-8
  514  Virtual School Program under s. 1002.415, or a full-time Florida
  515  Virtual School program under s. 1002.37(8)(a);
  516         (d) The student has a sibling who is currently enrolled in
  517  a virtual instruction program and the sibling was enrolled in
  518  that program at the end of the prior school year; or
  519         (e) The student is eligible to enter kindergarten or first
  520  grade.
  521  
  522  Notwithstanding this subsection, beginning with the 2012-2013
  523  school year, a student is eligible to participate in a virtual
  524  education program if the student is eligible to enter grades 2
  525  through 5. Beginning with the 2013-2014 school year, a student
  526  is eligible to participate in a virtual education program if the
  527  student is eligible to enter kindergarten through grade 8.
  528  Beginning with the 2014-2015 school year, a student is eligible
  529  to participate in a virtual education program if the student is
  530  eligible to enter kindergarten through grade 12.
  531         (3) The virtual instruction options for which this
  532  eligibility section applies include:
  533         (a) School district operated part-time or full-time
  534  kindergarten through grade 12 virtual instruction programs under
  535  s. 1002.45(1)(b) for students enrolled in the school district.
  536         (b) Full-time virtual charter school instruction authorized
  537  under s. 1002.33.
  538         (c) Courses delivered in the traditional school setting by
  539  personnel providing direct instruction through a virtual
  540  environment or though a blended virtual and physical environment
  541  pursuant to s. 1003.498 and as authorized pursuant to s.
  542  1002.321(4)(e).
  543         (c)(d) Virtual courses offered in the course code directory
  544  to students within the school district or to students in other
  545  school districts throughout the state pursuant to s. 1003.498.
  546         Section 6. Paragraph (c) of subsection (2) of section
  547  1003.428, Florida Statutes, is amended to read:
  548         1003.428 General requirements for high school graduation;
  549  revised.—
  550         (2) The 24 credits may be earned through applied,
  551  integrated, and combined courses approved by the Department of
  552  Education. The 24 credits shall be distributed as follows:
  553         (c) Beginning with students entering grade 9 in the 2011
  554  2012 school year, at least one course within the 24 credits
  555  required in this subsection must be completed through online
  556  learning. A school district may not require a student to take
  557  the online course outside the school day or in addition to a
  558  student’s courses for a given semester. However, An online
  559  course taken during grades 6 through 8 fulfills this
  560  requirement. This requirement shall be met through an online
  561  course offered by the Florida Virtual School, an online course
  562  offered by the high school, or an online dual enrollment course
  563  offered pursuant to a district interinstitutional articulation
  564  agreement pursuant to s. 1007.235. A student who is enrolled in
  565  a full-time or part-time virtual instruction program under s.
  566  1002.45 meets this requirement. This requirement does not apply
  567  to a student who has an individual educational plan under s.
  568  1003.57 which indicates that an online course would be
  569  inappropriate or a student who is enrolled in a Florida high
  570  school and has less than 1 academic year remaining in high
  571  school.
  572         Section 7. Subsection (1) of section 1003.498, Florida
  573  Statutes, is amended to read:
  574         1003.498 School district virtual course offerings.—
  575         (1) School districts may deliver courses in the traditional
  576  school setting by personnel certified pursuant to s. 1012.55 who
  577  provide direct instruction through a virtual instruction
  578  environment or through though a blended learning courses
  579  consisting of both traditional classroom and online
  580  instructional techniques virtual and physical environment.
  581  Students in a blended learning course must be full-time students
  582  of the school and receive the online instruction in a classroom
  583  setting at the school. The funding, performance, and
  584  accountability requirements for blended learning courses are the
  585  same as those for traditional courses.
  586         Section 8. Subsection (5) is added to section 1003.57,
  587  Florida Statutes, to read:
  588         1003.57 Exceptional students instruction.—
  589         (5) Each full-time virtual instruction program under s.
  590  1002.37 or s. 1002.45 must fulfill the obligations of a school
  591  district under this section for public school exceptional
  592  students who are enrolled in a full-time virtual instruction
  593  program. A student whose individual educational plan indicates
  594  that full-time virtual instruction is appropriate may be
  595  enrolled in a full-time virtual instruction program.
  596         Section 9. Paragraphs (e), (f), and (g) are added to
  597  subsection (3) of section 1006.15, Florida Statutes, to read:
  598         1006.15 Student standards for participation in
  599  interscholastic and intrascholastic extracurricular student
  600  activities; regulation.—
  601         (3)
  602         (e) A student enrolled in the Florida Virtual School full
  603  time program may participate in any interscholastic
  604  extracurricular activity at the public school to which the
  605  student would be assigned according to district school board
  606  attendance area policies or which the student could choose to
  607  attend, pursuant to district or interdistrict controlled open
  608  enrollment policies, if the student:
  609         1. During the period of participation in the
  610  interscholastic extracurricular activity, meets the requirements
  611  in paragraph (a).
  612         2. Meets any additional requirements as determined by the
  613  board of trustees of the Florida Virtual School.
  614         3. Meets the same residency requirements as other students
  615  in the school at which he or she participates.
  616         4. Meets the same standards of acceptance, behavior, and
  617  performance that are required of other students in
  618  extracurricular activities.
  619         5. Registers his or her intent to participate in
  620  interscholastic extracurricular activities with the school
  621  before the beginning date of the season for the activity in
  622  which he or she wishes to participate. A Florida Virtual School
  623  student must be able to participate in curricular activities if
  624  that is a requirement for an extracurricular activity.
  625         (f) A student who transfers from the Florida Virtual School
  626  full-time program to a traditional public school before or
  627  during the first grading period of the school year is
  628  academically eligible to participate in interscholastic
  629  extracurricular activities during the first grading period if
  630  the student has a successful evaluation from the previous school
  631  year pursuant to paragraph (a).
  632         (g) A public school or private school student who has been
  633  unable to maintain academic eligibility for participation in
  634  interscholastic extracurricular activities is ineligible to
  635  participate in such activities as a Florida Virtual School
  636  student until the student successfully completes one grading
  637  period in the Florida Virtual School pursuant to paragraph (a).
  638         Section 10. Paragraph (c) of subsection (1) of section
  639  1011.61, Florida Statutes, is amended to read:
  640         1011.61 Definitions.—Notwithstanding the provisions of s.
  641  1000.21, the following terms are defined as follows for the
  642  purposes of the Florida Education Finance Program:
  643         (1) A “full-time equivalent student” in each program of the
  644  district is defined in terms of full-time students and part-time
  645  students as follows:
  646         (c)1. A “full-time equivalent student” is:
  647         a. A full-time student in any one of the programs listed in
  648  s. 1011.62(1)(c); or
  649         b. A combination of full-time or part-time students in any
  650  one of the programs listed in s. 1011.62(1)(c) which is the
  651  equivalent of one full-time student based on the following
  652  calculations:
  653         (I) A full-time student in a combination of programs listed
  654  in s. 1011.62(1)(c) shall be a fraction of a full-time
  655  equivalent membership in each special program equal to the
  656  number of net hours per school year for which he or she is a
  657  member, divided by the appropriate number of hours set forth in
  658  subparagraph (a)1. or subparagraph (a)2. The difference between
  659  that fraction or sum of fractions and the maximum value as set
  660  forth in subsection (4) for each full-time student is presumed
  661  to be the balance of the student’s time not spent in such
  662  special education programs and shall be recorded as time in the
  663  appropriate basic program.
  664         (II) A prekindergarten handicapped student shall meet the
  665  requirements specified for kindergarten students.
  666         (III) A full-time equivalent student for students in
  667  kindergarten through grade 12 5 in a full-time virtual
  668  instruction program under s. 1002.45 or a virtual charter school
  669  under s. 1002.33 shall consist of six full credit completions in
  670  programs listed in s. 1011.62(1)(c) a student who has
  671  successfully completed a basic program listed in s.
  672  1011.62(1)(c)1.a. or b., and who is promoted to a higher grade
  673  level. Credit completions may be a combination of full-credit
  674  courses or half-credit courses. Beginning in the 2014-2015
  675  fiscal year, when s. 1008.22(3)(g) is implemented, the reported
  676  full-time equivalent students and associated funding of students
  677  enrolled in courses requiring passage of an end-of-course
  678  assessment shall be adjusted after the student completes the
  679  end-of-course assessment.
  680         (IV) A full-time equivalent student for students in
  681  kindergarten grades 6 through grade 12 in a part-time virtual
  682  instruction program under s. 1002.45 1002.45(1)(b)1., 2., or 3.
  683  or a virtual charter school under s. 1002.33 shall consist of
  684  six full credit completions in programs listed in s.
  685  1011.62(1)(c)1. and 3. 1011.62(1)(c)1.b. or c. and 3. Credit
  686  completions may be a combination of full-credit courses or half
  687  credit courses. Beginning in the 2014-2015 fiscal year, when s.
  688  1008.22(3)(g) is implemented, the reported full-time equivalent
  689  students and associated funding of students enrolled in courses
  690  requiring passage of an end-of-course assessment shall be
  691  adjusted after the student completes the end-of-course
  692  assessment.
  693         (V) A Florida Virtual School full-time equivalent student
  694  shall consist of six full credit completions or the prescribed
  695  level of content that counts toward promotion to the next grade
  696  in the programs listed in s. 1011.62(1)(c)1. and 3.
  697  1011.62(1)(c)1.a. and b. for students participating in
  698  kindergarten through grade 12 part-time virtual instruction 8
  699  and the programs listed in s. 1011.62(1)(c) 1011.62(1)(c)1.c.
  700  for students participating in kindergarten through grade 12
  701  full-time virtual instruction grades 9 through 12. Credit
  702  completions may be a combination of full-credit courses or half
  703  credit courses. Beginning in the 2014-2015 fiscal year, when s.
  704  1008.22(3)(g) is implemented, the reported full-time equivalent
  705  students and associated funding of students enrolled in courses
  706  requiring passage of an end-of-course assessment shall be
  707  adjusted after the student completes the end-of-course
  708  assessment.
  709         (VI) Each successfully completed full-credit course earned
  710  through an online course delivered by a district other than the
  711  one in which the student resides shall be calculated as 1/6 FTE.
  712         (VII) Each successfully completed credit earned under the
  713  alternative high school course credit requirements authorized in
  714  s. 1002.375, which is not reported as a portion of the 900 net
  715  hours of instruction pursuant to subparagraph (1)(a)1., shall be
  716  calculated as 1/6 FTE.
  717         2. A student in membership in a program scheduled for more
  718  or less than 180 school days or the equivalent on an hourly
  719  basis as specified by rules of the State Board of Education is a
  720  fraction of a full-time equivalent membership equal to the
  721  number of instructional hours in membership divided by the
  722  appropriate number of hours set forth in subparagraph (a)1.;
  723  however, for the purposes of this subparagraph, membership in
  724  programs scheduled for more than 180 days is limited to students
  725  enrolled in juvenile justice education programs and the Florida
  726  Virtual School.
  727  
  728  The department shall determine and implement an equitable method
  729  of equivalent funding for experimental schools and for schools
  730  operating under emergency conditions, which schools have been
  731  approved by the department to operate for less than the minimum
  732  school day.
  733         Section 11. Paragraph (g) of subsection (1) and subsection
  734  (11) of section 1011.62, Florida Statutes, are amended to read:
  735         1011.62 Funds for operation of schools.—If the annual
  736  allocation from the Florida Education Finance Program to each
  737  district for operation of schools is not determined in the
  738  annual appropriations act or the substantive bill implementing
  739  the annual appropriations act, it shall be determined as
  740  follows:
  741         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
  742  OPERATION.—The following procedure shall be followed in
  743  determining the annual allocation to each district for
  744  operation:
  745         (g) Education for speakers of other languages.—A school
  746  district or a full-time virtual instruction program is shall be
  747  eligible to report full-time equivalent student membership in
  748  the ESOL program in the Florida Education Finance Program
  749  provided the following conditions are met:
  750         1. The school district or the full-time virtual instruction
  751  program has a plan approved by the Department of Education.
  752         2. The eligible student is identified and assessed as
  753  limited English proficient based on assessment criteria.
  754         3.a. An eligible student may be reported for funding in the
  755  ESOL program for a base period of 3 years. However, a student
  756  whose English competency does not meet the criteria for
  757  proficiency after 3 years in the ESOL program may be reported
  758  for a fourth, fifth, and sixth year of funding, provided his or
  759  her limited English proficiency is assessed and properly
  760  documented prior to his or her enrollment in each additional
  761  year beyond the 3-year base period.
  762         b. If a student exits the program and is later reclassified
  763  as limited English proficient, the student may be reported in
  764  the ESOL program for funding for an additional year, or extended
  765  annually for a period not to exceed a total of 6 years pursuant
  766  to this paragraph, based on an annual evaluation of the
  767  student’s status.
  768         4. An eligible student may be reported for funding in the
  769  ESOL program for membership in ESOL instruction in English and
  770  ESOL instruction or home language instruction in the basic
  771  subject areas of mathematics, science, social studies, and
  772  computer literacy.
  773         (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may
  774  annually provide in the Florida Education Finance Program a
  775  virtual education contribution. The amount of the virtual
  776  education contribution shall be the difference between the
  777  amount per FTE established in the General Appropriations Act for
  778  virtual education and the amount per FTE for each district and
  779  the Florida Virtual School, which may be calculated by taking
  780  the sum of the base FEFP allocation, the discretionary local
  781  effort, the state-funded discretionary contribution, the
  782  discretionary millage compression supplement, the research-based
  783  reading instruction allocation, and the instructional materials
  784  allocation, and then dividing by the total unweighted FTE. This
  785  difference shall be multiplied by the virtual education
  786  unweighted FTE for programs and options identified in s.
  787  1002.455(3) 1002.455(3)(a), (b), and (d) and the Florida Virtual
  788  School and its franchises to equal the virtual education
  789  contribution and shall be included as a separate allocation in
  790  the funding formula.
  791         Section 12. This act shall take effect July 1, 2012.
  792  
  793  ================= T I T L E  A M E N D M E N T ================
  794         And the title is amended as follows:
  795         Delete everything before the enacting clause
  796  and insert:
  797                        A bill to be entitled                      
  798         An act relating to digital learning; amending s.
  799         1002.20, F.S.; providing that Florida Virtual School
  800         full-time students who meet specified academic and
  801         conduct requirements are eligible to participate in
  802         interscholastic extracurricular activities at certain
  803         public schools; amending s. 1002.321, F.S.; revising
  804         provisions relating to customized and accelerated
  805         learning through virtual instruction to include
  806         blended learning courses; prohibiting any person from
  807         taking an online course or examination on behalf of
  808         another person; providing a penalty; amending s.
  809         1002.37, F.S.; providing that the Florida Virtual
  810         School may provide part-time instruction for students
  811         in kindergarten through grade 12; deleting a
  812         requirement that an elementary school principal
  813         provide certain notification to parents; requiring
  814         that statewide assessments be taken at the school to
  815         which a student would be assigned according to
  816         district school board attendance area policies;
  817         requiring that a school district provide a student
  818         with access to the school’s testing facilities;
  819         providing that the Florida Virtual School is subject
  820         to certain statutory requirements and is considered a
  821         district school board within the context of those
  822         statutory requirements; amending s. 1002.45, F.S.;
  823         revising provisions relating to school district
  824         options for providing full-time and part-time virtual
  825         instruction programs and the open enrollment period
  826         for participation; providing that a part-time virtual
  827         instruction program offer instruction for students
  828         enrolled in kindergarten through grade 12 courses;
  829         requiring an additional qualification for a virtual
  830         instruction program provider to obtain approval by the
  831         Department of Education; revising provisions relating
  832         to the funding of virtual instruction programs and
  833         virtual charter schools to conform to changes made by
  834         the act; amending s. 1002.455, F.S.; revising
  835         provisions relating to the eligibility of students to
  836         participate in virtual instruction programs during
  837         specified school years; deleting provisions relating
  838         to virtual instruction options for which students in
  839         the school district are eligible; amending s.
  840         1003.428, F.S.; revising provisions relating to the
  841         general requirements for high school graduation;
  842         prohibiting a school district from requiring a student
  843         to take an online course outside the school day or in
  844         addition to the student’s courses for a given
  845         semester; amending s. 1003.498, F.S.; providing
  846         requirements for blended learning courses; amending s.
  847         1003.57, F.S.; providing responsibilities and
  848         requirements for each full-time virtual instruction
  849         program enrolling public school exceptional students;
  850         amending s. 1006.15, F.S.; providing that a student
  851         enrolled in the Florida Virtual School’s full-time
  852         program may participate in any interscholastic
  853         extracurricular activity at a public school under
  854         certain circumstances; amending s. 1011.61, F.S.;
  855         revising the definition of the term “full-time
  856         equivalent student” to conform to changes made by the
  857         act; conforming cross-references; amending s. 1011.62,
  858         F.S.; providing that full-time virtual instruction
  859         programs are eligible to report student membership in
  860         the English for Speakers of Other Languages program
  861         for funding purposes; conforming a cross-reference;
  862         providing an effective date.