Florida Senate - 2012                                    SB 1402
       
       
       
       By Senator Gardiner
       
       
       
       
       9-00486A-12                                           20121402__
    1                        A bill to be entitled                      
    2         An act relating to education; amending s. 1001.03,
    3         F.S.; requiring that the State Board of Education
    4         enforce compliance with the law and state board rule
    5         by the Florida Virtual School; amending s. 1002.20,
    6         F.S.; providing that a full-time Florida Virtual
    7         School student who meets specified academic and
    8         conduct requirements is eligible to participate in
    9         extracurricular activities at the public school to
   10         which the student would be assigned or could choose to
   11         attend; providing that a virtual school student who
   12         meets specified academic and conduct requirements is
   13         eligible to participate in extracurricular activities
   14         at the public school to which the student would be
   15         assigned or could choose to attend, unless the
   16         activities are provided by the student’s virtual
   17         school; amending s. 1002.321, F.S.; requiring that
   18         each student take at least one online course before
   19         graduating from high school, unless otherwise
   20         expressly excluded by law; amending s. 1002.37, F.S.;
   21         authorizing the Florida Virtual School to provide
   22         part-time and full-time instruction for students in
   23         kindergarten through grade 12; providing that the
   24         Florida Virtual School has the same authority and
   25         responsibilities of a school district under the
   26         Florida K-20 Education Code regarding the Florida
   27         Virtual School’s full-time program; amending s.
   28         1002.45, F.S.; revising provisions relating to virtual
   29         instruction programs; requiring that a school district
   30         that is eligible for a sparsity supplement, before a
   31         wealth adjustment, provide all enrolled public school
   32         students the option of participating in part-time and
   33         full-time virtual instruction programs; revising
   34         virtual instruction program provider qualifications to
   35         include an independent review of the curriculum for
   36         each course and student performance accountability;
   37         requiring that the person performing the independent
   38         review meet certain qualifications; requiring that a
   39         provider provide independent audit findings
   40         documenting financial stability and sound business
   41         principles and demonstrate sufficient technology
   42         resources and technical support; revising provisions
   43         relating to funding; requiring that a school district
   44         provide to an approved provider information verifying
   45         that reported enrollment data is accurate for the
   46         students served by the provider; amending s. 1002.455,
   47         F.S.; phasing in eligibility for students to
   48         participate in kindergarten through grade 12 virtual
   49         instruction; deleting provisions relating to virtual
   50         instruction options for eligible students; amending s.
   51         1003.428, F.S.; revising the general requirements for
   52         high school graduation; providing that the online
   53         course requirement does not apply to a student whose
   54         individual education plan indicates that an online
   55         course would be inappropriate or to a student who is
   56         enrolled in a Florida high school for 1 academic year
   57         or less; prohibiting a school district from requiring
   58         a student to take an online course outside the school
   59         day or in addition to the student’s courses for any
   60         given semester; amending s. 1003.49, F.S.; authorizing
   61         the board of trustees of the Florida Virtual School to
   62         operate education programs for students in
   63         kindergarten through grade 12; amending s. 1003.57,
   64         F.S.; requiring that the Florida Virtual School
   65         fulfill the obligations of a school district for
   66         exceptional public school students who are enrolled in
   67         a full-time Florida Virtual School program; providing
   68         that a student whose individual education plan
   69         indicates that a full-time virtual education is
   70         inappropriate may not be enrolled in a Florida Virtual
   71         School full-time program; amending s. 1006.15, F.S.;
   72         providing standards for participation in
   73         interscholastic and intrascholastic extracurricular
   74         student activities by full-time students attending the
   75         Florida Virtual School; amending s. 1008.22, F.S.;
   76         requiring that all statewide end-of-course assessments
   77         be administered electronically; amending s. 1008.32,
   78         F.S.; requiring that the State Board of Education
   79         oversee the performance of the Florida Virtual School
   80         and ensure compliance with law and state board rule;
   81         revising provisions to conform to changes made by the
   82         act; amending ss. 1011.61 and 1011.62, F.S.; revising
   83         provisions relating to funding to conform to changes
   84         made by the act; conforming cross-references;
   85         providing an effective date.
   86  
   87  Be It Enacted by the Legislature of the State of Florida:
   88  
   89         Section 1. Subsection (8) of section 1001.03, Florida
   90  Statutes, is amended to read:
   91         1001.03 Specific powers of State Board of Education.—
   92         (8) SYSTEMWIDE ENFORCEMENT.—The State Board of Education
   93  shall enforce compliance with law and state board rule by all
   94  school districts, the Florida Virtual School, and public
   95  postsecondary education educational institutions, except for the
   96  State University System, in accordance with the provisions of s.
   97  1008.32.
   98         Section 2. Present paragraph (d) of subsection (18) of
   99  section 1002.20, Florida Statutes, is redesignated as paragraph
  100  (f), and new paragraphs (d) and (e) are added to that
  101  subsection, to read:
  102         1002.20 K-12 student and parent rights.—Parents of public
  103  school students must receive accurate and timely information
  104  regarding their child’s academic progress and must be informed
  105  of ways they can help their child to succeed in school. K-12
  106  students and their parents are afforded numerous statutory
  107  rights including, but not limited to, the following:
  108         (18) EXTRACURRICULAR ACTIVITIES.—In accordance with the
  109  provisions of s. 1006.15:
  110         (d) Full-time Florida Virtual School students.A full-time
  111  Florida Virtual School student who meets specified academic and
  112  conduct requirements is eligible to participate in
  113  extracurricular activities at the public school to which the
  114  student would be assigned or could choose to attend according to
  115  district school board policies.
  116         (e) Virtual school students.—A virtual school student who
  117  meets specified academic and conduct requirements is eligible to
  118  participate in extracurricular activities at the public school
  119  to which the student would be assigned or could choose to attend
  120  according to district school board policies, unless the activity
  121  is provided by the student’s virtual school.
  122         Section 3. Subsection (3) of section 1002.321, Florida
  123  Statutes, is amended to read:
  124         1002.321 Digital learning.—
  125         (3) DIGITAL PREPARATION.—Unless otherwise expressly
  126  excluded by law, each student must take graduate from high
  127  school having taken at least one online course before graduating
  128  from high school, as provided in s. 1003.428.
  129         Section 4. Subsection (8) of section 1002.37, Florida
  130  Statutes, is amended to read:
  131         1002.37 The Florida Virtual School.—
  132         (8)(a) The Florida Virtual School may provide part-time and
  133  full-time instruction for students in kindergarten through grade
  134  12 and part-time instruction for students in grades 4 through
  135  12. To receive full-time instruction in grades 2 through 5, a
  136  student must meet at least one of the eligibility criteria in s.
  137  1002.455(2). Part-time instruction for grades 4 and 5 may be
  138  provided only to public school students taking grade 6 through
  139  grade 8 courses.
  140         (b) For students receiving part-time instruction or in
  141  grades 4 and 5 and students receiving full-time instruction in
  142  kindergarten through grade 12 from the Florida Virtual School,
  143  the combined total of all FTE reported by both the school
  144  district and the Florida Virtual School may not exceed 1.0 FTE.
  145  
  146  Except as otherwise expressly provided by law, the Florida
  147  Virtual School has the same authority and responsibilities of a
  148  school district under the Florida K-20 Education Code regarding
  149  the Florida Virtual School’s full-time program.
  150         Section 5. Paragraph (b) of subsection (1), paragraph (a)
  151  of subsection (2), paragraphs (c), (f), and (g) of subsection
  152  (7), and paragraph (a) of subsection (8) of section 1002.45,
  153  Florida Statutes, are amended to read:
  154         1002.45 Virtual instruction programs.—
  155         (1) PROGRAM.—
  156         (b) Each school district that is eligible for the sparsity
  157  supplement, before a wealth adjustment, pursuant to s.
  158  1011.62(7) shall provide all enrolled public school students
  159  within its boundaries the option of participating in part-time
  160  and full-time virtual instruction programs. Each school district
  161  that is not eligible for the sparsity supplement, before a
  162  wealth adjustment, shall provide at least three options for
  163  part-time and full-time virtual instruction. All school
  164  districts must provide parents with timely written notification
  165  of an open enrollment period for full-time students of at least
  166  90 days which that ends no earlier later than 30 days before
  167  prior to the first day of the school year. The purpose of the
  168  program is to make quality virtual instruction available to
  169  students using online and distance learning technology in the
  170  nontraditional classroom. A school district virtual instruction
  171  program shall provide, but is not limited to, the following:
  172         1. Part-time and full-time virtual instruction for students
  173  enrolled in kindergarten through grade 12.
  174         2. Part-time virtual instruction for students enrolled in
  175  grades 9 through 12 courses that are measured pursuant to
  176  subparagraph (8)(a)2.
  177         2.3. Full-time or part-time virtual instruction for
  178  students enrolled in dropout prevention and academic
  179  intervention programs under s. 1003.53, Department of Juvenile
  180  Justice education programs under s. 1003.52, core-curricula
  181  courses to meet class size requirements under s. 1003.03, or
  182  Florida College System institutions under this section.
  183         (2) PROVIDER QUALIFICATIONS.—
  184         (a) The department shall annually publish online a list of
  185  providers approved to offer virtual instruction programs. To be
  186  approved by the department, a provider must document that it:
  187         1. Is nonsectarian in its programs, admission policies,
  188  employment practices, and operations;
  189         2. Complies with the antidiscrimination provisions of s.
  190  1000.05;
  191         3. Locates an administrative office or offices in this
  192  state, requires its administrative staff to be state residents,
  193  requires all instructional staff to be Florida-certified
  194  teachers under chapter 1012, and conducts background screenings
  195  for all employees or contracted personnel, as required by s.
  196  1012.32, using state and national criminal history records;
  197         4. Possesses prior, successful experience offering online
  198  courses to elementary, middle, or high school students as
  199  demonstrated by quantified student learning gains in each
  200  subject area and grade level provided for consideration as an
  201  instructional program option;
  202         5. Is accredited by a regional accrediting association as
  203  defined by State Board of Education rule;
  204         6. Ensures instructional and curricular quality through a
  205  detailed curriculum and student performance accountability plan
  206  that addresses every subject and grade level it intends to
  207  provide through contract with the school district, including:
  208         a. Courses and programs that meet the standards of the
  209  International Association for K-12 Online Learning and the
  210  Southern Regional Education Board.
  211         b. Instructional content and services that align with, and
  212  measure student attainment of, student proficiency in the Next
  213  Generation Sunshine State Standards.
  214         c. Mechanisms that determine and ensure that a student has
  215  satisfied requirements for grade level promotion and high school
  216  graduation with a standard diploma, as appropriate;
  217         7. Provides an independent review of the detailed
  218  curriculum and student performance accountability on a form
  219  adopted by the department and verifies that the person
  220  performing the independent review has examined the curriculum
  221  for each course which meets the requirements of this section.
  222  The independent review must be performed by a person who:
  223         a. Holds a current Florida educator certificate;
  224         b. Has experience teaching K-12 education in a Florida
  225  public school;
  226         c. Has knowledge of the standards of the International
  227  Association for K-12 Online Learning and the Southern Regional
  228  Education Board; and
  229         d. Has experience teaching in or administering an online
  230  education program;
  231         8.7. Publishes for the general public, in accordance with
  232  disclosure requirements adopted in rule by the State Board of
  233  Education, as part of its application as a provider and in all
  234  contracts negotiated pursuant to this section:
  235         a. Information and data about the curriculum of each full
  236  time and part-time program.
  237         b. School policies and procedures.
  238         c. Certification status and physical location of all
  239  administrative and instructional personnel.
  240         d. Hours and times of availability of instructional
  241  personnel.
  242         e. Student-teacher ratios.
  243         f. Student completion and promotion rates.
  244         g. Student, educator, and school performance accountability
  245  outcomes; and
  246         9.8. If the provider is a Florida College System
  247  institution, employs instructors who meet the certification
  248  requirements for instructional staff under chapter 1012;.
  249         10. Provides independent audit findings or other externally
  250  validated summary financial information to document financial
  251  stability and sound business principles; and
  252         11. Demonstrates sufficient technology resources and
  253  technical support to ensure a quality program.
  254         (7) VIRTUAL INSTRUCTION PROGRAM AND VIRTUAL CHARTER SCHOOL
  255  FUNDING.—
  256         (c) For a student enrolled part-time in a kindergarten
  257  grades 6 through grade 12 program, a “full-time equivalent
  258  student” has the same meaning as provided in s.
  259  1011.61(1)(c)1.b.(III) and (IV) 1011.61(1)(c)1.b.(IV).
  260         (f) The school district in which the student resides shall
  261  report full-time equivalent students for a virtual instruction
  262  program or a virtual charter school to the department in a
  263  manner prescribed by the department, and funding shall be
  264  provided through the Florida Education Finance Program. Funds
  265  received by the school district of residence for a student in a
  266  virtual instruction program provided by another school district
  267  under this section shall be transferred to the school district
  268  providing the virtual instruction program.
  269         (f)(g) A Florida College System institution provider may
  270  not report students who are served in a virtual instruction
  271  program for funding under the Florida College System Program
  272  Fund.
  273         (8) ASSESSMENT AND ACCOUNTABILITY.—
  274         (a) Each approved provider contracted under this section
  275  must:
  276         1. Participate in the statewide assessment program under s.
  277  1008.22 and in the state’s education performance accountability
  278  system under s. 1008.31. In order to ensure that the information
  279  used for accountability purposes is accurate, a school district
  280  must routinely provide to an approved provider information
  281  verifying that the reported enrollment data is accurate for the
  282  students served in the provider’s program.
  283         2. Receive a school grade under s. 1008.34 or a school
  284  improvement rating under s. 1008.341, as applicable. The school
  285  grade or school improvement rating received by each approved
  286  provider shall be based upon the aggregated assessment scores of
  287  all students served by the provider statewide. The department
  288  shall publish the school grade or school improvement rating
  289  received by each approved provider on its Internet website. The
  290  department shall develop an evaluation method for providers of
  291  part-time programs which includes the percentage of students
  292  making learning gains, the percentage of students successfully
  293  passing any required end-of-course assessment, the percentage of
  294  students taking Advanced Placement examinations, and the
  295  percentage of students scoring 3 or higher on an Advanced
  296  Placement examination.
  297         Section 6. Subsections (2) and (3) of section 1002.455,
  298  Florida Statutes, are amended to read:
  299         1002.455 Student eligibility for K-12 virtual instruction.—
  300         (2) A student is eligible to participate in virtual
  301  instruction if:
  302         (a) The student spent the prior school year in attendance
  303  at a public school in the state and was enrolled and reported by
  304  the school district for funding during October and February for
  305  purposes of the Florida Education Finance Program surveys;
  306         (b) The student is a dependent child of a member of the
  307  United States Armed Forces who was transferred within the last
  308  12 months to this state from another state or from a foreign
  309  country pursuant to a permanent change of station order;
  310         (c) The student was enrolled during the prior school year
  311  in a virtual instruction program under s. 1002.45, the K-8
  312  Virtual School Program under s. 1002.415, or a full-time Florida
  313  Virtual School program under s. 1002.37(8)(a);
  314         (d) The student has a sibling who is currently enrolled in
  315  a virtual instruction program and the sibling was enrolled in
  316  that program at the end of the prior school year; or
  317         (e) The student is eligible to enter kindergarten or first
  318  grade;.
  319         (f) Beginning with the 2012-2013 school year, the student
  320  is eligible to enter grade 2 through grade 5;
  321         (g) Beginning with the 2013-2014 school year, the student
  322  is eligible to enter kindergarten through grade 8; or
  323         (h) Beginning with the 2014-2015 school year, the student
  324  is eligible to enter kindergarten through grade 12.
  325         (3) The virtual instruction options for which this
  326  eligibility section applies include:
  327         (a) School district operated part-time or full-time
  328  kindergarten through grade 12 virtual instruction programs under
  329  s. 1002.45(1)(b) for students enrolled in the school district.
  330         (b) Full-time virtual charter school instruction authorized
  331  under s. 1002.33.
  332         (c) Courses delivered in the traditional school setting by
  333  personnel providing direct instruction through a virtual
  334  environment or though a blended virtual and physical environment
  335  pursuant to s. 1003.498 and as authorized pursuant to s.
  336  1002.321(4)(e).
  337         (d) Virtual courses offered in the course code directory to
  338  students within the school district or to students in other
  339  school districts throughout the state pursuant to s. 1003.498.
  340         Section 7. Paragraph (c) of subsection (2) of section
  341  1003.428, Florida Statutes, is amended to read:
  342         1003.428 General requirements for high school graduation;
  343  revised.—
  344         (2) The 24 credits may be earned through applied,
  345  integrated, and combined courses approved by the Department of
  346  Education. The 24 credits shall be distributed as follows:
  347         (c) Beginning with students entering grade 9 in the 2011
  348  2012 school year, at least one course within the 24 credits
  349  required in this subsection must be completed through online
  350  learning. However, an online course taken during grades 6
  351  through 8 fulfills this requirement. This requirement shall be
  352  met through an online course offered by the Florida Virtual
  353  School, an online course offered by the high school, or an
  354  online dual enrollment course offered pursuant to a district
  355  interinstitutional articulation agreement pursuant to s.
  356  1007.235. A student who is enrolled in a full-time or part-time
  357  virtual instruction program under s. 1002.45 meets this
  358  requirement. This requirement does not apply to a student whose
  359  individual education plan under s. 1003.57 indicates an online
  360  course would be inappropriate or to a student who is enrolled in
  361  a Florida high school for 1 academic year or less. A school
  362  district may not require a student to take the online course
  363  outside the school day or in addition to the student’s courses
  364  for any given semester.
  365         Section 8. Subsection (1) of section 1003.49, Florida
  366  Statutes, is amended to read:
  367         1003.49 Graduation and promotion requirements for publicly
  368  operated schools.—
  369         (1) Each state or local public agency, including the
  370  Department of Children and Family Services, the Department of
  371  Corrections, the boards of trustees of universities and Florida
  372  College System institutions, the board of trustees of the
  373  Florida Virtual School, and the Board of Trustees of the Florida
  374  School for the Deaf and the Blind, which agency is authorized to
  375  operate education educational programs for students in at any
  376  level of grades kindergarten through grade 12 and is shall be
  377  subject to all applicable requirements of ss. 1003.4156,
  378  1003.428, 1003.43, 1008.23, and 1008.25. Within the content of
  379  these cited statutes each such state or local public agency or
  380  entity shall be considered a “district school board.”
  381         Section 9. Subsection (5) is added to section 1003.57,
  382  Florida Statutes, to read:
  383         1003.57 Exceptional students instruction.—
  384         (5) The Florida Virtual School shall fulfill the
  385  obligations of a school district under this section for
  386  exceptional public school students who are enrolled in a full
  387  time Florida Virtual School program. A student whose individual
  388  education plan indicates that full-time virtual education is
  389  inappropriate may not be enrolled in a Florida Virtual School
  390  full-time program, but must be enrolled in the school district
  391  in which the student resides. This subsection does not alter a
  392  parent’s right to decline exceptional education services.
  393         Section 10. Paragraph (e) is added to subsection (3) of
  394  section 1006.15, Florida Statutes, to read:
  395         1006.15 Student standards for participation in
  396  interscholastic and intrascholastic extracurricular student
  397  activities; regulation.—
  398         (3)
  399         (e)1.A full-time student attending the Florida Virtual
  400  School under s. 1002.37 is eligible to participate in any
  401  interscholastic extracurricular activity at a public school to
  402  which the student would be assigned, pursuant to district school
  403  board attendance policies, or at a public school that the
  404  student could choose to attend, pursuant to district or
  405  interdistrict controlled open-enrollment provisions, unless the
  406  activity is provided by the student’s virtual school, and if the
  407  following conditions are met:
  408         a.The virtual school student meets the requirements of the
  409  virtual education program as provided in s. 1002.37.
  410         b.During the period of participation at the public school,
  411  the virtual school student demonstrates educational progress as
  412  required in paragraph (b).
  413         c.The virtual school student meets the same residency
  414  requirements as other students in the public school at which the
  415  student participates.
  416         d.The virtual school student meets the same standards of
  417  acceptance, behavior, and performance which are required of
  418  other students in extracurricular activities.
  419         e.The virtual school student registers with the public
  420  school at which he or she intends to participate in
  421  interscholastic extracurricular activities as a representative
  422  of the school before the beginning date of the season for the
  423  activity in which he or she wishes to participate.
  424         2. A virtual school student must be allowed to participate
  425  in curricular activities at the public school if that is a
  426  requirement for an extracurricular activity.
  427         3.A student who transfers from a virtual school program to
  428  a public school before or during the first grading period of the
  429  school year is academically eligible to participate in
  430  interscholastic extracurricular activities during the first
  431  grading period if the student has a successful evaluation from
  432  the previous school year as provided in sub-subparagraph 1.b.
  433         4.Any public school or private school student who has been
  434  unable to maintain academic eligibility for participation in
  435  interscholastic extracurricular activities is ineligible to
  436  participate in the activities as a virtual school student until
  437  the student successfully completes one grading period in a
  438  virtual school.
  439         Section 11. Paragraph (g) of subsection (3) of section
  440  1008.22, Florida Statutes, is amended to read:
  441         1008.22 Student assessment program for public schools.—
  442         (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
  443  design and implement a statewide program of educational
  444  assessment that provides information for the improvement of the
  445  operation and management of the public schools, including
  446  schools operating for the purpose of providing educational
  447  services to youth in Department of Juvenile Justice programs.
  448  The commissioner may enter into contracts for the continued
  449  administration of the assessment, testing, and evaluation
  450  programs authorized and funded by the Legislature. Contracts may
  451  be initiated in 1 fiscal year and continue into the next and may
  452  be paid from the appropriations of either or both fiscal years.
  453  The commissioner is authorized to negotiate for the sale or
  454  lease of tests, scoring protocols, test scoring services, and
  455  related materials developed pursuant to law. Pursuant to the
  456  statewide assessment program, the commissioner shall:
  457         (g) Beginning with the 2014-2015 school year, all statewide
  458  end-of-course assessments shall be administered electronically
  459  online.
  460         Section 12. Section 1008.32, Florida Statutes, is amended
  461  to read:
  462         1008.32 State Board of Education oversight enforcement
  463  authority.—The State Board of Education shall oversee the
  464  performance of district school boards, the Florida Virtual
  465  School board of trustees, and Florida College System institution
  466  boards of trustees in enforcement of all laws and rules.
  467  District school boards, the Florida Virtual School board of
  468  trustees, and Florida College System institution boards of
  469  trustees shall be primarily responsible for compliance with law
  470  and state board rule.
  471         (1) In order to ensure compliance with law or state board
  472  rule, the State Board of Education shall have the authority to
  473  request and receive information, data, and reports from school
  474  districts, the Florida Virtual School, and Florida College
  475  System institutions. District school superintendents, the
  476  chairperson of the Florida Virtual School board of trustees, and
  477  Florida College System institution presidents are responsible
  478  for the accuracy of the information and data reported to the
  479  state board.
  480         (2) The Commissioner of Education may investigate
  481  allegations of noncompliance with law or state board rule and
  482  determine probable cause. The commissioner shall report
  483  determinations of probable cause to the State Board of Education
  484  which shall require the district school board, the Florida
  485  Virtual School board of trustees, or Florida College System
  486  institution board of trustees to document compliance with law or
  487  state board rule.
  488         (3) If the district school board, the Florida Virtual
  489  School board of trustees, or Florida College System institution
  490  board of trustees cannot satisfactorily document compliance, the
  491  State Board of Education may order compliance within a specified
  492  timeframe.
  493         (4) If the State Board of Education determines that a
  494  district school board, the Florida Virtual School board of
  495  trustees, or Florida College System institution board of
  496  trustees is unwilling or unable to comply with law or state
  497  board rule within the specified time, the state board shall have
  498  the authority to initiate any of the following actions:
  499         (a) Report to the Legislature that the school district, the
  500  Florida Virtual School, or Florida College System institution
  501  has been unwilling or unable to comply with law or state board
  502  rule and recommend action to be taken by the Legislature.
  503         (b) Reduce the discretionary lottery appropriation until
  504  the school district, the Florida Virtual School, or Florida
  505  College System institution complies with the law or state board
  506  rule.
  507         (c) Withhold the transfer of state funds, discretionary
  508  grant funds, or any other funds specified as eligible for this
  509  purpose by the Legislature until the school district, the
  510  Florida Virtual School, or Florida College System institution
  511  complies with the law or state board rule.
  512         (d) Declare the school district, the Florida Virtual
  513  School, or Florida College System institution ineligible for
  514  competitive grants.
  515         (e) Require monthly or periodic reporting on the situation
  516  related to noncompliance until it is remedied.
  517         (5) Nothing in This section does not shall be construed to
  518  create a private cause of action or create any rights for
  519  individuals or entities in addition to those provided elsewhere
  520  in law or rule.
  521         Section 13. Paragraph (c) of subsection (1) of section
  522  1011.61, Florida Statutes, is amended to read:
  523         1011.61 Definitions.—Notwithstanding the provisions of s.
  524  1000.21, the following terms are defined as follows for the
  525  purposes of the Florida Education Finance Program:
  526         (1) A “full-time equivalent student” in each program of the
  527  district is defined in terms of full-time students and part-time
  528  students as follows:
  529         (c)1. A “full-time equivalent student” is:
  530         a. A full-time student in any one of the programs listed in
  531  s. 1011.62(1)(c); or
  532         b. A combination of full-time or part-time students in any
  533  one of the programs listed in s. 1011.62(1)(c) which is the
  534  equivalent of one full-time student based on the following
  535  calculations:
  536         (I) A full-time student in a combination of programs listed
  537  in s. 1011.62(1)(c) shall be a fraction of a full-time
  538  equivalent membership in each special program equal to the
  539  number of net hours per school year for which he or she is a
  540  member, divided by the appropriate number of hours set forth in
  541  subparagraph (a)1. or subparagraph (a)2. The difference between
  542  that fraction or sum of fractions and the maximum value as set
  543  forth in subsection (4) for each full-time student is presumed
  544  to be the balance of the student’s time not spent in such
  545  special education programs and shall be recorded as time in the
  546  appropriate basic program.
  547         (II) A prekindergarten handicapped student shall meet the
  548  requirements specified for kindergarten students.
  549         (III) A full-time equivalent student for students in
  550  kindergarten through grade 5 in a virtual instruction program
  551  under s. 1002.45 or a virtual charter school under s. 1002.33
  552  shall consist of a student who has successfully completed a
  553  basic program listed in s. 1011.62(1)(c)1.a. or b., and who is
  554  promoted to a higher grade level.
  555         (IV) A full-time equivalent student for students in grades
  556  6 through 12 in a virtual instruction program under s.
  557  1002.45(1)(b)1. or, 2., or 3. or a virtual charter school under
  558  s. 1002.33 shall consist of six full credit completions in
  559  programs listed in s. 1011.62(1)(c)1.b. or c. and 3. Credit
  560  completions may be a combination of full-credit courses or half
  561  credit courses. Beginning in the 2014-2015 fiscal year, when s.
  562  1008.22(3)(g) is implemented, the reported full-time equivalent
  563  students and associated funding of students enrolled in courses
  564  requiring passage of an end-of-course assessment shall be
  565  adjusted after the student completes the end-of-course
  566  assessment.
  567         (V) A Florida Virtual School full-time equivalent student
  568  shall consist of six full credit completions or the prescribed
  569  level of content that counts toward promotion to the next grade
  570  in the programs listed in s. 1011.62(1)(c)1.a. and b. for
  571  kindergarten through grade 8 and the programs listed in s.
  572  1011.62(1)(c)1.c. for grades 9 through 12. Credit completions
  573  may be a combination of full-credit courses or half-credit
  574  courses. Beginning in the 2014-2015 fiscal year, when s.
  575  1008.22(3)(g) is implemented, the reported full-time equivalent
  576  students and associated funding of students enrolled in courses
  577  requiring passage of an end-of-course assessment shall be
  578  adjusted after the student completes the end-of-course
  579  assessment.
  580         (VI) Each successfully completed full-credit course earned
  581  through an online course delivered by a district other than the
  582  one in which the student resides shall be calculated as 1/6 FTE.
  583         (VII) Each successfully completed credit earned under the
  584  alternative high school course credit requirements authorized in
  585  s. 1002.375, which is not reported as a portion of the 900 net
  586  hours of instruction pursuant to subparagraph (1)(a)1., shall be
  587  calculated as 1/6 FTE.
  588         2. A student in membership in a program scheduled for more
  589  or less than 180 school days or the equivalent on an hourly
  590  basis as specified by rules of the State Board of Education is a
  591  fraction of a full-time equivalent membership equal to the
  592  number of instructional hours in membership divided by the
  593  appropriate number of hours set forth in subparagraph (a)1.;
  594  however, for the purposes of this subparagraph, membership in
  595  programs scheduled for more than 180 days is limited to students
  596  enrolled in juvenile justice education programs and the Florida
  597  Virtual School.
  598  
  599  The department shall determine and implement an equitable method
  600  of equivalent funding for experimental schools and for schools
  601  operating under emergency conditions, which schools have been
  602  approved by the department to operate for less than the minimum
  603  school day.
  604         Section 14. Paragraphs (e) and (g) of subsection (1) and
  605  subsection (11) of section 1011.62, Florida Statutes, are
  606  amended to read:
  607         1011.62 Funds for operation of schools.—If the annual
  608  allocation from the Florida Education Finance Program to each
  609  district for operation of schools is not determined in the
  610  annual appropriations act or the substantive bill implementing
  611  the annual appropriations act, it shall be determined as
  612  follows:
  613         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
  614  OPERATION.—The following procedure shall be followed in
  615  determining the annual allocation to each district for
  616  operation:
  617         (e) Funding model for exceptional student education
  618  programs.—
  619         1.a. The funding model uses basic, at-risk, support levels
  620  IV and V for exceptional students and career Florida Education
  621  Finance Program cost factors, and a guaranteed allocation for
  622  exceptional student education programs. Exceptional education
  623  cost factors are determined by using a matrix of services to
  624  document the services that each exceptional student will
  625  receive. The nature and intensity of the services indicated on
  626  the matrix shall be consistent with the services described in
  627  each exceptional student’s individual educational plan. The
  628  Department of Education shall review and revise the descriptions
  629  of the services and supports included in the matrix of services
  630  for exceptional students and shall implement those revisions
  631  before the beginning of the 2012-2013 school year.
  632         b. In order to generate funds using one of the two weighted
  633  cost factors, a matrix of services must be completed at the time
  634  of the student’s initial placement into an exceptional student
  635  education program and at least once every 3 years by personnel
  636  who have received approved training. Nothing listed in the
  637  matrix shall be construed as limiting the services a school or
  638  school district must provide in order to ensure that exceptional
  639  students are provided a free, appropriate public education.
  640         c. Students identified as exceptional, in accordance with
  641  chapter 6A-6, Florida Administrative Code, who do not have a
  642  matrix of services as specified in sub-subparagraph b. shall
  643  generate funds on the basis of full-time-equivalent student
  644  membership in the Florida Education Finance Program at the same
  645  funding level per student as provided for basic students.
  646  Additional funds for these exceptional students will be provided
  647  through the guaranteed allocation designated in subparagraph 2.
  648         2. For students identified as exceptional who do not have a
  649  matrix of services and students who are gifted in kindergarten
  650  grades K through grade 8, there is created a guaranteed
  651  allocation to provide these students with a free appropriate
  652  public education, in accordance with s. 1001.42(4)(m) and rules
  653  of the State Board of Education, which shall be allocated
  654  annually to each school district and the Florida Virtual School
  655  in the amount provided in the General Appropriations Act. These
  656  funds shall be in addition to the funds appropriated on the
  657  basis of FTE student membership in the Florida Education Finance
  658  Program, and the amount allocated for each school district and
  659  the Florida Virtual School may shall not be recalculated during
  660  the year. These funds shall be used to provide special education
  661  and related services for exceptional students and students who
  662  are gifted in kindergarten grades K through grade 8. Beginning
  663  with the 2007-2008 fiscal year, A district’s expenditure of
  664  funds and the Florida Virtual School’s expenditure of funds from
  665  the guaranteed allocation for students in grades 9 through 12
  666  who are gifted may not be greater than the amount expended
  667  during the 2006-2007 fiscal year for gifted students in grades 9
  668  through 12.
  669         (g) Education for speakers of other languages.—A school
  670  district and the Florida Virtual School are shall be eligible to
  671  report full-time equivalent student membership in the ESOL
  672  program in the Florida Education Finance Program if provided the
  673  following conditions are met:
  674         1. The school district and the Florida Virtual School has a
  675  plan approved by the Department of Education.
  676         2. The eligible student is identified and assessed as
  677  limited English proficient based on assessment criteria.
  678         3.a. An eligible student may be reported for funding in the
  679  ESOL program for a base period of 3 years. However, a student
  680  whose English competency does not meet the criteria for
  681  proficiency after 3 years in the ESOL program may be reported
  682  for a fourth, fifth, and sixth year of funding, provided his or
  683  her limited English proficiency is assessed and properly
  684  documented prior to his or her enrollment in each additional
  685  year beyond the 3-year base period.
  686         b. If a student exits the program and is later reclassified
  687  as limited English proficient, the student may be reported in
  688  the ESOL program for funding for an additional year, or extended
  689  annually for a period not to exceed a total of 6 years pursuant
  690  to this paragraph, based on an annual evaluation of the
  691  student’s status.
  692         4. An eligible student may be reported for funding in the
  693  ESOL program for membership in ESOL instruction in English and
  694  ESOL instruction or home language instruction in the basic
  695  subject areas of mathematics, science, social studies, and
  696  computer literacy.
  697         (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may
  698  annually provide in the Florida Education Finance Program a
  699  virtual education contribution. The amount of the virtual
  700  education contribution shall be the difference between the
  701  amount per FTE established in the General Appropriations Act for
  702  virtual education and the amount per FTE for each district and
  703  the Florida Virtual School, which may be calculated by taking
  704  the sum of the base FEFP allocation, the discretionary local
  705  effort, the state-funded discretionary contribution, the
  706  discretionary millage compression supplement, the research-based
  707  reading instruction allocation, and the instructional materials
  708  allocation, and then dividing by the total unweighted FTE. This
  709  difference shall be multiplied by the virtual education
  710  unweighted FTE for programs and options identified in s.
  711  1002.455(3)(a) and, (b), and (d) and the Florida Virtual School
  712  and its franchises to equal the virtual education contribution
  713  and shall be included as a separate allocation in the funding
  714  formula.
  715         Section 15. This act shall take effect July 1, 2012.