Florida Senate - 2012                      CS for CS for SB 1402
       
       
       
       By the Committees on Budget Subcommittee on Education Pre-K - 12
       Appropriations; and Education Pre-K - 12; and Senator Gardiner
       
       
       
       602-04217-12                                          20121402c2
    1                        A bill to be entitled                      
    2         An act relating to digital learning; amending s.
    3         1002.20, F.S.; providing that Florida Virtual School
    4         full-time students who meet specified academic and
    5         conduct requirements are eligible to participate in
    6         interscholastic extracurricular activities at certain
    7         public schools; amending s. 1002.321, F.S.; revising
    8         provisions relating to customized and accelerated
    9         learning through virtual instruction to include
   10         blended learning courses; prohibiting any person from
   11         taking an online course or examination on behalf of
   12         another person; providing a penalty; amending s.
   13         1002.37, F.S.; providing that the Florida Virtual
   14         School may provide part-time instruction for students
   15         in kindergarten through grade 12; deleting a
   16         requirement that an elementary school principal
   17         provide certain notification to parents; requiring
   18         that statewide assessments be taken at the school to
   19         which a student would be assigned according to
   20         district school board attendance area policies;
   21         requiring that a school district provide a student
   22         with access to the school’s testing facilities;
   23         amending s. 1002.45, F.S.; revising provisions
   24         relating to school district options for providing
   25         full-time and part-time virtual instruction programs
   26         and the open enrollment period for participation;
   27         providing that a part-time virtual instruction program
   28         offer instruction for students enrolled in
   29         kindergarten through grade 12 courses; requiring an
   30         additional qualification for a virtual instruction
   31         program provider to obtain approval by the Department
   32         of Education; requiring that each virtual instruction
   33         program provide courses in accessible formats for
   34         students with disabilities and ensure that such
   35         courses are tailored to the individual education plans
   36         of such students; revising provisions relating to the
   37         funding of virtual instruction programs and virtual
   38         charter schools to conform to changes made by the act;
   39         amending s. 1002.455, F.S.; revising provisions
   40         relating to the eligibility of students to participate
   41         in virtual instruction programs; deleting provisions
   42         relating to virtual instruction options for which
   43         students in the school district are eligible; amending
   44         s. 1003.428, F.S.; revising provisions relating to the
   45         general requirements for high school graduation;
   46         prohibiting a school district from requiring a student
   47         to take an online course outside the school day or in
   48         addition to the student’s courses for a given
   49         semester; amending s. 1003.498, F.S.; providing
   50         requirements for blended learning courses; amending s.
   51         1003.57, F.S.; providing responsibilities and
   52         requirements for each full-time virtual instruction
   53         program enrolling public school exceptional students;
   54         amending s. 1006.15, F.S.; providing that a student
   55         enrolled in the Florida Virtual School’s full-time
   56         program may participate in any interscholastic
   57         extracurricular activity at a public school under
   58         certain circumstances; amending s. 1011.61, F.S.;
   59         revising the definition of the term “full-time
   60         equivalent student” to conform to changes made by the
   61         act; conforming cross-references; amending s. 1011.62,
   62         F.S.; correcting a cross-reference; providing that
   63         full-time virtual instruction programs are eligible to
   64         report student membership in the English for Speakers
   65         of Other Languages program for funding purposes;
   66         conforming a cross-reference; providing an effective
   67         date.
   68  
   69  Be It Enacted by the Legislature of the State of Florida:
   70  
   71         Section 1. Present paragraph (d) of subsection (18) of
   72  section 1002.20, Florida Statutes, is redesignated as paragraph
   73  (e), and a new paragraph (d) is added to that subsection, to
   74  read:
   75         1002.20 K-12 student and parent rights.—Parents of public
   76  school students must receive accurate and timely information
   77  regarding their child’s academic progress and must be informed
   78  of ways they can help their child to succeed in school. K-12
   79  students and their parents are afforded numerous statutory
   80  rights including, but not limited to, the following:
   81         (18) EXTRACURRICULAR ACTIVITIES.—In accordance with the
   82  provisions of s. 1006.15:
   83         (d) Florida Virtual School full-time students.Florida
   84  Virtual School full-time students who meet specified academic
   85  and conduct requirements are eligible to participate in
   86  extracurricular activities at the public school to which the
   87  student would be assigned or could choose to attend according to
   88  district school board policies.
   89         Section 2. Paragraph (e) of subsection (4) of section
   90  1002.321, Florida Statutes, is amended, and subsection (5) is
   91  added to that section, to read:
   92         1002.321 Digital learning.—
   93         (4) CUSTOMIZED AND ACCELERATED LEARNING.—A school district
   94  must establish multiple opportunities for student participation
   95  in part-time and full-time kindergarten through grade 12 virtual
   96  instruction. Options include, but are not limited to:
   97         (e) Courses delivered in the traditional school setting by
   98  personnel providing direct instruction through a virtual
   99  instruction environment or through though a blended learning
  100  courses consisting of both traditional classroom and online
  101  instructional techniques virtual and physical environment
  102  pursuant to s. 1003.498.
  103         (5) INTEGRITY OF ONLINE COURSES.—It is unlawful for any
  104  person to knowingly and willfully take an online course or
  105  examination on behalf of another person. Any person who violates
  106  this subsection commits a misdemeanor of the first degree,
  107  punishable as provided in s. 775.082 or s. 775.083.
  108         Section 3. Section 1002.37, Florida Statutes, is amended,
  109  to read:
  110         1002.37 The Florida Virtual School.—
  111         (1)(a) The Florida Virtual School is established for the
  112  development and delivery of online and distance learning
  113  education. The Commissioner of Education shall monitor the
  114  school’s performance and report its performance to the State
  115  Board of Education and the Legislature.
  116         (b) The mission of the Florida Virtual School is to provide
  117  students with technology-based educational opportunities to gain
  118  the knowledge and skills necessary to succeed. The school shall
  119  serve any student in the state who meets the profile for success
  120  in this educational delivery context and shall give priority to:
  121         1. Students who need expanded access to courses in order to
  122  meet their educational goals, such as home education students
  123  and students in inner-city and rural high schools who do not
  124  have access to higher-level courses.
  125         2. Students seeking accelerated access in order to obtain a
  126  high school diploma at least one semester early.
  127         (c) To ensure students are informed of the opportunities
  128  offered by the Florida Virtual School, the commissioner shall
  129  provide the board of trustees of the Florida Virtual School
  130  access to the records of public school students in a format
  131  prescribed by the board of trustees.
  132  
  133  The board of trustees of the Florida Virtual School shall
  134  identify appropriate performance measures and standards based on
  135  student achievement that reflect the school’s statutory mission
  136  and priorities, and shall implement an accountability system for
  137  the school that includes assessment of its effectiveness and
  138  efficiency in providing quality services that encourage high
  139  student achievement, seamless articulation, and maximum access.
  140         (2) The Florida Virtual School shall be governed by a board
  141  of trustees comprised of seven members appointed by the Governor
  142  to 4-year staggered terms. The board of trustees shall be a
  143  public agency entitled to sovereign immunity pursuant to s.
  144  768.28, and board members shall be public officers who shall
  145  bear fiduciary responsibility for the Florida Virtual School.
  146  The board of trustees shall have the following powers and
  147  duties:
  148         (a)1. The board of trustees shall meet at least 4 times
  149  each year, upon the call of the chair, or at the request of a
  150  majority of the membership.
  151         2. The fiscal year for the Florida Virtual School shall be
  152  the state fiscal year as provided in s. 216.011(1)(o).
  153         (b) The board of trustees shall be responsible for the
  154  Florida Virtual School’s development of a state-of-the-art
  155  technology-based education delivery system that is cost
  156  effective, educationally sound, marketable, and capable of
  157  sustaining a self-sufficient delivery system through the Florida
  158  Education Finance Program.
  159         (c) The board of trustees shall aggressively seek avenues
  160  to generate revenue to support its future endeavors, and shall
  161  enter into agreements with distance learning providers. The
  162  board of trustees may acquire, enjoy, use, and dispose of
  163  patents, copyrights, and trademarks and any licenses and other
  164  rights or interests thereunder or therein. Ownership of all such
  165  patents, copyrights, trademarks, licenses, and rights or
  166  interests thereunder or therein shall vest in the state, with
  167  the board of trustees having full right of use and full right to
  168  retain the revenues derived therefrom. Any funds realized from
  169  patents, copyrights, trademarks, or licenses shall be considered
  170  internal funds as provided in s. 1011.07. Such funds shall be
  171  used to support the school’s marketing and research and
  172  development activities in order to improve courseware and
  173  services to its students.
  174         (d) The board of trustees shall be responsible for the
  175  administration and control of all local school funds derived
  176  from all activities or sources and shall prescribe the
  177  principles and procedures to be followed in administering these
  178  funds.
  179         (e) The Florida Virtual School may accrue supplemental
  180  revenue from supplemental support organizations, which include,
  181  but are not limited to, alumni associations, foundations,
  182  parent-teacher associations, and booster associations. The
  183  governing body of each supplemental support organization shall
  184  recommend the expenditure of moneys collected by the
  185  organization for the benefit of the school. Such expenditures
  186  shall be contingent upon the review of the executive director.
  187  The executive director may override any proposed expenditure of
  188  the organization that would violate Florida law or breach sound
  189  educational management.
  190         (f) In accordance with law and rules of the State Board of
  191  Education, the board of trustees shall administer and maintain
  192  personnel programs for all employees of the board of trustees
  193  and the Florida Virtual School. The board of trustees may adopt
  194  rules, policies, and procedures related to the appointment,
  195  employment, and removal of personnel.
  196         1. The board of trustees shall determine the compensation,
  197  including salaries and fringe benefits, and other conditions of
  198  employment for such personnel.
  199         2. The board of trustees may establish and maintain a
  200  personnel loan or exchange program by which persons employed by
  201  the board of trustees for the Florida Virtual School as academic
  202  administrative and instructional staff may be loaned to, or
  203  exchanged with persons employed in like capacities by, public
  204  agencies either within or without this state, or by private
  205  industry. With respect to public agency employees, the program
  206  authorized by this subparagraph shall be consistent with the
  207  requirements of part II of chapter 112. The salary and benefits
  208  of board of trustees personnel participating in the loan or
  209  exchange program shall be continued during the period of time
  210  they participate in a loan or exchange program, and such
  211  personnel shall be deemed to have no break in creditable or
  212  continuous service or employment during such time. The salary
  213  and benefits of persons participating in the personnel loan or
  214  exchange program who are employed by public agencies or private
  215  industry shall be paid by the originating employers of those
  216  participants, and such personnel shall be deemed to have no
  217  break in creditable or continuous service or employment during
  218  such time.
  219         3. The employment of all Florida Virtual School academic
  220  administrative and instructional personnel shall be subject to
  221  rejection for cause by the board of trustees, and shall be
  222  subject to policies of the board of trustees relative to
  223  certification, tenure, leaves of absence, sabbaticals,
  224  remuneration, and such other conditions of employment as the
  225  board of trustees deems necessary and proper, not inconsistent
  226  with law.
  227         4. Each person employed by the board of trustees in an
  228  academic administrative or instructional capacity with the
  229  Florida Virtual School shall be entitled to a contract as
  230  provided by rules of the board of trustees.
  231         5. All employees except temporary, seasonal, and student
  232  employees may be state employees for the purpose of being
  233  eligible to participate in the Florida Retirement System and
  234  receive benefits. The classification and pay plan, including
  235  terminal leave and other benefits, and any amendments thereto,
  236  shall be subject to review and approval by the Department of
  237  Management Services and the Executive Office of the Governor
  238  prior to adoption.
  239         (g) The board of trustees shall establish priorities for
  240  admission of students in accordance with paragraph (1)(b).
  241         (h) The board of trustees shall establish and distribute to
  242  all school districts and high schools in the state procedures
  243  for enrollment of students in courses offered by the Florida
  244  Virtual School.
  245         (i) The board of trustees shall establish criteria defining
  246  the elements of an approved franchise. The board of trustees may
  247  enter into franchise agreements with Florida district school
  248  boards and may establish the terms and conditions governing such
  249  agreements. The board of trustees shall establish the
  250  performance and accountability measures and report the
  251  performance of each school district franchise to the
  252  Commissioner of Education.
  253         (j) The board of trustees shall submit to the State Board
  254  of Education both forecasted and actual enrollments and credit
  255  completions for the Florida Virtual School, according to
  256  procedures established by the State Board of Education. At a
  257  minimum, such procedures must include the number of public,
  258  private, and home education students served by program and by
  259  county of residence.
  260         (k) The board of trustees shall provide for the content and
  261  custody of student and employee personnel records. Student
  262  records shall be subject to the provisions of s. 1002.22.
  263  Employee records shall be subject to the provisions of s.
  264  1012.31.
  265         (l) The financial records and accounts of the Florida
  266  Virtual School shall be maintained under the direction of the
  267  board of trustees and under rules adopted by the State Board of
  268  Education for the uniform system of financial records and
  269  accounts for the schools of the state.
  270  
  271  The Governor shall designate the initial chair of the board of
  272  trustees to serve a term of 4 years. Members of the board of
  273  trustees shall serve without compensation, but may be reimbursed
  274  for per diem and travel expenses pursuant to s. 112.061. The
  275  board of trustees shall be a body corporate with all the powers
  276  of a body corporate and such authority as is needed for the
  277  proper operation and improvement of the Florida Virtual School.
  278  The board of trustees is specifically authorized to adopt rules,
  279  policies, and procedures, consistent with law and rules of the
  280  State Board of Education related to governance, personnel,
  281  budget and finance, administration, programs, curriculum and
  282  instruction, travel and purchasing, technology, students,
  283  contracts and grants, and property as necessary for optimal,
  284  efficient operation of the Florida Virtual School. Tangible
  285  personal property owned by the board of trustees shall be
  286  subject to the provisions of chapter 273.
  287         (3) Funding for the Florida Virtual School shall be
  288  provided as follows:
  289         (a)1. For a student in grades 9 through 12, a “full-time
  290  equivalent student” is one student who has successfully
  291  completed six full-credit courses that count toward the minimum
  292  number of credits required for high school graduation. A student
  293  who completes fewer than six full-credit courses is a fraction
  294  of a full-time equivalent student. Half-credit course
  295  completions shall be included in determining a full-time
  296  equivalent student. Credit completed by a student in excess of
  297  the minimum required for that student for high school graduation
  298  is not eligible for funding.
  299         2. For a student in kindergarten through grade 8, a “full
  300  time equivalent student” is one student who has successfully
  301  completed six courses or the prescribed level of content that
  302  counts toward promotion to the next grade. A student who
  303  completes fewer than six courses or the prescribed level of
  304  content shall be a fraction of a full-time equivalent student.
  305         3. Beginning in the 2014-2015 fiscal year, when s.
  306  1008.22(3)(g) is implemented, the reported full-time equivalent
  307  students and associated funding of students enrolled in courses
  308  requiring passage of an end-of-course assessment shall be
  309  adjusted after the student completes the end-of-course
  310  assessment. However, no adjustment shall be made for home
  311  education program students who choose not to take an end-of
  312  course assessment.
  313  
  314  For purposes of this paragraph, the calculation of “full-time
  315  equivalent student” shall be as prescribed in s.
  316  1011.61(1)(c)1.b.(V).
  317         (b) Full-time equivalent student credit completed through
  318  the Florida Virtual School, including credits completed during
  319  the summer, shall be reported to the Department of Education in
  320  the manner prescribed by the department and shall be funded
  321  through the Florida Education Finance Program.
  322         (c) School districts may not limit student access to
  323  courses offered through the Florida Virtual School.
  324         (d) Full-time equivalent student credit completion for
  325  courses offered through the Florida Virtual School shall be
  326  reported only by the Florida Virtual School. School districts
  327  shall report full-time equivalent student membership only for
  328  courses for which the district provides the instruction.
  329         (e) The district cost differential as provided in s.
  330  1011.62(2) shall be established as 1.000.
  331         (f) The Florida Virtual School shall receive funds for
  332  operating purposes in an amount determined as follows: multiply
  333  the maximum allowable nonvoted discretionary millage for
  334  operations pursuant to s. 1011.71(1) and (3) by the value of 96
  335  percent of the current year’s taxable value for school purposes
  336  for the state; divide the result by the total full-time
  337  equivalent membership of the state; and multiply the result by
  338  the full-time equivalent membership of the school. The amount
  339  thus obtained shall be discretionary operating funds and shall
  340  be appropriated from state funds in the General Appropriations
  341  Act.
  342         (g) The Florida Virtual School shall receive additional
  343  state funds as may be provided in the General Appropriations
  344  Act; however, such funds may not be provided for the purpose of
  345  fulfilling the class size requirements in ss. 1003.03 and
  346  1011.685.
  347         (h) In addition to the funds provided in the General
  348  Appropriations Act, the Florida Virtual School may receive other
  349  funds from grants and donations.
  350         (4) School districts operating a virtual school that is an
  351  approved franchise of the Florida Virtual School may count full
  352  time equivalent students, as provided in paragraph (3)(a), if
  353  such school has been certified as an approved franchise by the
  354  Commissioner of Education based on criteria established by the
  355  board of trustees pursuant to paragraph (2)(i).
  356         (5) Under no circumstance may the credit of the state be
  357  pledged on behalf of the Florida Virtual School.
  358         (6) The board of trustees shall annually submit to the
  359  Governor, the Legislature, the Commissioner of Education, and
  360  the State Board of Education a complete and detailed report
  361  setting forth:
  362         (a) The operations and accomplishments of the Florida
  363  Virtual School.
  364         (b) The marketing and operational plan for the Florida
  365  Virtual School, including recommendations regarding methods for
  366  improving the delivery of education through the Internet and
  367  other distance learning technology.
  368         (c) The assets and liabilities of the Florida Virtual
  369  School at the end of the fiscal year.
  370         (d) A copy of an annual financial audit of the accounts and
  371  records of the Florida Virtual School, conducted by an
  372  independent certified public accountant and performed in
  373  accordance with rules adopted by the Auditor General.
  374         (e) Recommendations regarding the unit cost of providing
  375  services to students. In order to most effectively develop
  376  public policy regarding any future funding of the Florida
  377  Virtual School, it is imperative that the cost of the program is
  378  accurately identified. The identified cost of the program must
  379  be based on reliable data.
  380         (f) Recommendations regarding an accountability mechanism
  381  to assess the effectiveness of the services provided by the
  382  Florida Virtual School.
  383         (7) The State Board of Education may adopt rules it deems
  384  necessary to implement reporting requirements for the Florida
  385  Virtual School.
  386         (8)(a) The Florida Virtual School may provide full-time and
  387  part-time instruction for students in kindergarten through grade
  388  12 and part-time instruction for students in grades 4 through
  389  12. To receive part-time instruction in kindergarten through
  390  grade 5 full-time instruction in grades 2 through 5, a student
  391  must meet at least one of the eligibility criteria in s.
  392  1002.455(2). Part-time instruction for grades 4 and 5 may be
  393  provided only to public school students taking grade 6 through
  394  grade 8 courses.
  395         (b) For students receiving part-time instruction in
  396  kindergarten through grade grades 4 and 5 and students receiving
  397  full-time instruction in kindergarten through grade 12 from the
  398  Florida Virtual School, the combined total of all FTE reported
  399  by both the school district and the Florida Virtual School may
  400  not exceed 1.0 FTE.
  401         (9) Each elementary school principal must notify the parent
  402  of each student who scores at Level 4 or Level 5 on FCAT Reading
  403  or FCAT Mathematics of the option for the student to take
  404  accelerated courses through the Florida Virtual School.
  405         (9)(10)(a) Public school students receiving full-time
  406  instruction in kindergarten through grade 12 by the Florida
  407  Virtual School must take all statewide assessments required
  408  pursuant to s. 1008.22.
  409         (b) Public school students receiving part-time instruction
  410  by the Florida Virtual School in courses requiring statewide
  411  end-of-course assessments must take all statewide end-of-course
  412  assessments required pursuant to s. 1008.22(3)(c)2.
  413         (c) All statewide assessments must be taken at the school
  414  to which the student would be assigned according to district
  415  school board attendance area policies within the school district
  416  in which the student resides. A school district must provide the
  417  student with access to the school’s district’s testing
  418  facilities.
  419         (10)(11) The Florida Virtual School shall receive a school
  420  grade pursuant to s. 1008.34 for students receiving full-time
  421  instruction.
  422         Section 4. Paragraph (b) of subsection (1), paragraph (a)
  423  of subsection (2), and paragraphs (c) and (f) of subsection (7)
  424  of section 1002.45, Florida Statutes, are amended, and paragraph
  425  (f) is added to subsection (3) of that section, to read:
  426         1002.45 Virtual instruction programs.—
  427         (1) PROGRAM.—
  428         (b) Each school district that is eligible for the sparsity
  429  supplement pursuant to s. 1011.62(7)(a) and (b) 1011.62(7) shall
  430  provide all enrolled public school students within its
  431  boundaries the option of participating in part-time and full
  432  time virtual instruction programs. Each school district that is
  433  not eligible for the sparsity supplement pursuant to s.
  434  1011.62(7)(a) and (b) shall provide at least three options for
  435  part-time and full-time virtual instruction. All school
  436  districts must provide parents with timely written notification
  437  of at least one an open enrollment period for full-time students
  438  of at least 90 days or more which that ends no later than 30
  439  days before prior to the first day of the school year. The
  440  purpose of the program is to make quality virtual instruction
  441  available to students using online and distance learning
  442  technology in the nontraditional classroom. A school district
  443  virtual instruction program shall consist of provide the
  444  following:
  445         1. Full-time virtual instruction for students enrolled in
  446  kindergarten through grade 12.
  447         2. Part-time virtual instruction for students enrolled in
  448  kindergarten grades 9 through grade 12 courses that are measured
  449  pursuant to subparagraph (8)(a)2.
  450         3. Full-time or part-time virtual instruction for students
  451  enrolled in dropout prevention and academic intervention
  452  programs under s. 1003.53, Department of Juvenile Justice
  453  education programs under s. 1003.52, core-curricula courses to
  454  meet class size requirements under s. 1003.03, or Florida
  455  College System institutions under this section.
  456         (2) PROVIDER QUALIFICATIONS.—
  457         (a) The department shall annually publish online a list of
  458  providers approved to offer virtual instruction programs. To be
  459  approved by the department, a provider must document that it:
  460         1. Is nonsectarian in its programs, admission policies,
  461  employment practices, and operations;
  462         2. Complies with the antidiscrimination provisions of s.
  463  1000.05;
  464         3. Locates an administrative office or offices in this
  465  state, requires its administrative staff to be state residents,
  466  requires all instructional staff to be Florida-certified
  467  teachers under chapter 1012, and conducts background screenings
  468  for all employees or contracted personnel, as required by s.
  469  1012.32, using state and national criminal history records;
  470         4. Possesses prior, successful experience offering online
  471  courses to elementary, middle, or high school students and as
  472  demonstrated by quantified student learning gains in online or
  473  traditional courses in each subject area and grade level
  474  provided for consideration as an instructional program option;
  475         5. Is accredited by a regional accrediting association as
  476  defined by State Board of Education rule;
  477         6. Ensures instructional and curricular quality through a
  478  detailed curriculum and student performance accountability plan
  479  that addresses every subject and grade level it intends to
  480  provide through contract with the school district, including:
  481         a. Courses and programs that meet the standards of the
  482  International Association for K-12 Online Learning and the
  483  Southern Regional Education Board.
  484         b. Instructional content and services that align with, and
  485  measure student attainment of, student proficiency in the Next
  486  Generation Sunshine State Standards.
  487         c. Mechanisms that determine and ensure that a student has
  488  satisfied requirements for grade level promotion and high school
  489  graduation with a standard diploma, as appropriate;
  490         7. Publishes for the general public, in accordance with
  491  disclosure requirements adopted in rule by the State Board of
  492  Education, as part of its application as a provider and in all
  493  contracts negotiated pursuant to this section:
  494         a. Information and data about the curriculum of each full
  495  time and part-time program.
  496         b. School policies and procedures.
  497         c. Certification status and physical location of all
  498  administrative and instructional personnel.
  499         d. Hours and times of availability of instructional
  500  personnel.
  501         e. Student-teacher ratios.
  502         f. Student completion and promotion rates.
  503         g. Student, educator, and school performance accountability
  504  outcomes; and
  505         8. If the provider is a Florida College System institution,
  506  employs instructors who meet the certification requirements for
  507  instructional staff under chapter 1012; and
  508         9. Performs an annual financial audit of its accounts and
  509  records conducted by an independent certified public accountant
  510  which is in accordance with rules adopted by the Auditor
  511  General, is conducted in compliance with generally accepted
  512  auditing standards, and includes a report on financial
  513  statements presented in accordance with generally accepted
  514  accounting principles.
  515         (3) VIRTUAL INSTRUCTION PROGRAM REQUIREMENTS.—Each virtual
  516  instruction program under this section must:
  517         (f) Provide virtual courses in accessible formats for
  518  students with disabilities, including, but not limited to,
  519  students who are visually impaired, learning disabled, or
  520  physically disabled, and ensure that such courses are tailored
  521  to the individual education plans of such students.
  522         (7) VIRTUAL INSTRUCTION PROGRAM AND VIRTUAL CHARTER SCHOOL
  523  FUNDING.—
  524         (c) For a student enrolled part-time in a kindergarten
  525  grades 6 through grade 12 virtual instruction program, a “full
  526  time equivalent student” has the same meaning as provided in s.
  527  1011.61(1)(c)1.b.(III) and (IV) 1011.61(1)(c)1.b.(IV).
  528         (f) The school district providing virtual instruction in
  529  which the student resides shall report full-time equivalent
  530  students for a virtual instruction program or a virtual charter
  531  school to the department in a manner prescribed by the
  532  department, and funding shall be provided through the Florida
  533  Education Finance Program. Funds received by the school district
  534  of residence for a student in a virtual instruction program
  535  provided by another school district under this section shall be
  536  transferred to the school district providing the virtual
  537  instruction program.
  538         Section 5. Subsections (2) and (3) of section 1002.455,
  539  Florida Statutes, are amended to read:
  540         1002.455 Student eligibility for K-12 virtual instruction.—
  541         (2) A student is eligible to participate in virtual
  542  instruction if:
  543         (a) The student spent the prior school year in attendance
  544  at a public school in the state and was enrolled and reported by
  545  the school district for funding during October and February for
  546  purposes of the Florida Education Finance Program surveys;
  547         (b) The student is a dependent child of a member of the
  548  United States Armed Forces who was transferred within the last
  549  12 months to this state from another state or from a foreign
  550  country pursuant to a permanent change of station order;
  551         (c) The student was enrolled during the prior school year
  552  in a virtual instruction program under s. 1002.45, the K-8
  553  Virtual School Program under s. 1002.415, or a full-time Florida
  554  Virtual School program under s. 1002.37(8)(a);
  555         (d) The student has a sibling who is currently enrolled in
  556  a virtual instruction program and the sibling was enrolled in
  557  that program at the end of the prior school year; or
  558         (e) The student is eligible to enter kindergarten or first
  559  grade; or.
  560         (f) The student is eligible to enter grades 2 through 5 and
  561  is enrolled full-time in a school district virtual instruction
  562  program, a virtual charter school, or the Florida Virtual
  563  School.
  564         (3) The virtual instruction options for which this
  565  eligibility section applies include:
  566         (a) School district operated part-time or full-time
  567  kindergarten through grade 12 virtual instruction programs under
  568  s. 1002.45(1)(b) for students enrolled in the school district.
  569         (b) Full-time virtual charter school instruction authorized
  570  under s. 1002.33.
  571         (c) Courses delivered in the traditional school setting by
  572  personnel providing direct instruction through a virtual
  573  environment or though a blended virtual and physical environment
  574  pursuant to s. 1003.498 and as authorized pursuant to s.
  575  1002.321(4)(e).
  576         (c)(d) Virtual courses offered in the course code directory
  577  to students within the school district or to students in other
  578  school districts throughout the state pursuant to s. 1003.498.
  579         Section 6. Paragraph (c) of subsection (2) of section
  580  1003.428, Florida Statutes, is amended to read:
  581         1003.428 General requirements for high school graduation;
  582  revised.—
  583         (2) The 24 credits may be earned through applied,
  584  integrated, and combined courses approved by the Department of
  585  Education. The 24 credits shall be distributed as follows:
  586         (c) Beginning with students entering grade 9 in the 2011
  587  2012 school year, at least one course within the 24 credits
  588  required in this subsection must be completed through online
  589  learning. A school district may not require a student to take
  590  the online course outside the school day or in addition to a
  591  student’s courses for a given semester. However, An online
  592  course taken during grades 6 through 8 fulfills this
  593  requirement. This requirement shall be met through an online
  594  course offered by the Florida Virtual School, an online course
  595  offered by the high school, or an online dual enrollment course
  596  offered pursuant to a district interinstitutional articulation
  597  agreement pursuant to s. 1007.235. A student who is enrolled in
  598  a full-time or part-time virtual instruction program under s.
  599  1002.45 meets this requirement. This requirement does not apply
  600  to a student who has an individual educational plan under s.
  601  1003.57 which indicates that an online course would be
  602  inappropriate or a student who is enrolled in a Florida high
  603  school and has less than 1 academic year remaining in high
  604  school.
  605         Section 7. Subsection (1) of section 1003.498, Florida
  606  Statutes, is amended to read:
  607         1003.498 School district virtual course offerings.—
  608         (1) School districts may deliver courses in the traditional
  609  school setting by personnel certified pursuant to s. 1012.55 who
  610  provide direct instruction through a virtual instruction
  611  environment or through though a blended learning courses
  612  consisting of both traditional classroom and online
  613  instructional techniques virtual and physical environment.
  614  Students in a blended learning course must be full-time students
  615  of the school and receive the online instruction in a classroom
  616  setting at the school. The funding, performance, and
  617  accountability requirements for blended learning courses are the
  618  same as those for traditional courses.
  619         Section 8. Subsection (5) is added to section 1003.57,
  620  Florida Statutes, to read:
  621         1003.57 Exceptional students instruction.—
  622         (5) Each full-time virtual instruction program under s.
  623  1002.37 or s. 1002.45 must fulfill the obligations of a school
  624  district under this section for public school exceptional
  625  students who are enrolled in a full-time virtual instruction
  626  program. A student whose individual educational plan indicates
  627  that full-time virtual instruction is appropriate may be
  628  enrolled in a full-time virtual instruction program.
  629         Section 9. Paragraphs (e), (f), and (g) are added to
  630  subsection (3) of section 1006.15, Florida Statutes, to read:
  631         1006.15 Student standards for participation in
  632  interscholastic and intrascholastic extracurricular student
  633  activities; regulation.—
  634         (3)
  635         (e) A student enrolled in the Florida Virtual School full
  636  time program may participate in any interscholastic
  637  extracurricular activity at the public school to which the
  638  student would be assigned according to district school board
  639  attendance area policies or which the student could choose to
  640  attend, pursuant to district or interdistrict controlled open
  641  enrollment policies, if the student:
  642         1. During the period of participation in the
  643  interscholastic extracurricular activity, meets the requirements
  644  in paragraph (a).
  645         2. Meets any additional requirements as determined by the
  646  board of trustees of the Florida Virtual School.
  647         3. Meets the same residency requirements as other students
  648  in the school at which he or she participates.
  649         4. Meets the same standards of acceptance, behavior, and
  650  performance that are required of other students in
  651  extracurricular activities.
  652         5. Registers his or her intent to participate in
  653  interscholastic extracurricular activities with the school
  654  before the beginning date of the season for the activity in
  655  which he or she wishes to participate. A Florida Virtual School
  656  student must be able to participate in curricular activities if
  657  that is a requirement for an extracurricular activity.
  658         (f) A student who transfers from the Florida Virtual School
  659  full-time program to a traditional public school before or
  660  during the first grading period of the school year is
  661  academically eligible to participate in interscholastic
  662  extracurricular activities during the first grading period if
  663  the student has a successful evaluation from the previous school
  664  year pursuant to paragraph (a).
  665         (g) A public school or private school student who has been
  666  unable to maintain academic eligibility for participation in
  667  interscholastic extracurricular activities is ineligible to
  668  participate in such activities as a Florida Virtual School
  669  student until the student successfully completes one grading
  670  period in the Florida Virtual School pursuant to paragraph (a).
  671         Section 10. Paragraph (c) of subsection (1) of section
  672  1011.61, Florida Statutes, is amended to read:
  673         1011.61 Definitions.—Notwithstanding the provisions of s.
  674  1000.21, the following terms are defined as follows for the
  675  purposes of the Florida Education Finance Program:
  676         (1) A “full-time equivalent student” in each program of the
  677  district is defined in terms of full-time students and part-time
  678  students as follows:
  679         (c)1. A “full-time equivalent student” is:
  680         a. A full-time student in any one of the programs listed in
  681  s. 1011.62(1)(c); or
  682         b. A combination of full-time or part-time students in any
  683  one of the programs listed in s. 1011.62(1)(c) which is the
  684  equivalent of one full-time student based on the following
  685  calculations:
  686         (I) A full-time student in a combination of programs listed
  687  in s. 1011.62(1)(c) shall be a fraction of a full-time
  688  equivalent membership in each special program equal to the
  689  number of net hours per school year for which he or she is a
  690  member, divided by the appropriate number of hours set forth in
  691  subparagraph (a)1. or subparagraph (a)2. The difference between
  692  that fraction or sum of fractions and the maximum value as set
  693  forth in subsection (4) for each full-time student is presumed
  694  to be the balance of the student’s time not spent in such
  695  special education programs and shall be recorded as time in the
  696  appropriate basic program.
  697         (II) A prekindergarten handicapped student shall meet the
  698  requirements specified for kindergarten students.
  699         (III) A full-time equivalent student for students in
  700  kindergarten through grade 12 5 in a full-time virtual
  701  instruction program under s. 1002.45 or a virtual charter school
  702  under s. 1002.33 shall consist of six full credit completions or
  703  the prescribed level of content that counts toward promotion to
  704  the next grade in programs listed in s. 1011.62(1)(c) a student
  705  who has successfully completed a basic program listed in s.
  706  1011.62(1)(c)1.a. or b., and who is promoted to a higher grade
  707  level. Credit completions may be a combination of full-credit
  708  courses or half-credit courses. Beginning in the 2014-2015
  709  fiscal year, when s. 1008.22(3)(g) is implemented, the reported
  710  full-time equivalent students and associated funding of students
  711  enrolled in courses requiring passage of an end-of-course
  712  assessment shall be adjusted after the student completes the
  713  end-of-course assessment.
  714         (IV) A full-time equivalent student for students in
  715  kindergarten grades 6 through grade 12 in a part-time virtual
  716  instruction program under s. 1002.45 1002.45(1)(b)1., 2., or 3.
  717  or a virtual charter school under s. 1002.33 shall consist of
  718  six full credit completions in programs listed in s.
  719  1011.62(1)(c)1. and 3. 1011.62(1)(c)1.b. or c. and 3. Credit
  720  completions may be a combination of full-credit courses or half
  721  credit courses. Beginning in the 2014-2015 fiscal year, when s.
  722  1008.22(3)(g) is implemented, the reported full-time equivalent
  723  students and associated funding of students enrolled in courses
  724  requiring passage of an end-of-course assessment shall be
  725  adjusted after the student completes the end-of-course
  726  assessment.
  727         (V) A Florida Virtual School full-time equivalent student
  728  shall consist of six full credit completions or the prescribed
  729  level of content that counts toward promotion to the next grade
  730  in the programs listed in s. 1011.62(1)(c)1. and 3.
  731  1011.62(1)(c)1.a. and b. for students participating in
  732  kindergarten through grade 12 part-time virtual instruction 8
  733  and the programs listed in s. 1011.62(1)(c) 1011.62(1)(c)1.c.
  734  for students participating in kindergarten through grade 12
  735  full-time virtual instruction grades 9 through 12. Credit
  736  completions may be a combination of full-credit courses or half
  737  credit courses. Beginning in the 2014-2015 fiscal year, when s.
  738  1008.22(3)(g) is implemented, the reported full-time equivalent
  739  students and associated funding of students enrolled in courses
  740  requiring passage of an end-of-course assessment shall be
  741  adjusted after the student completes the end-of-course
  742  assessment.
  743         (VI) Each successfully completed full-credit course earned
  744  through an online course delivered by a district other than the
  745  one in which the student resides shall be calculated as 1/6 FTE.
  746         (VII) Each successfully completed credit earned under the
  747  alternative high school course credit requirements authorized in
  748  s. 1002.375, which is not reported as a portion of the 900 net
  749  hours of instruction pursuant to subparagraph (1)(a)1., shall be
  750  calculated as 1/6 FTE.
  751         2. A student in membership in a program scheduled for more
  752  or less than 180 school days or the equivalent on an hourly
  753  basis as specified by rules of the State Board of Education is a
  754  fraction of a full-time equivalent membership equal to the
  755  number of instructional hours in membership divided by the
  756  appropriate number of hours set forth in subparagraph (a)1.;
  757  however, for the purposes of this subparagraph, membership in
  758  programs scheduled for more than 180 days is limited to students
  759  enrolled in juvenile justice education programs and the Florida
  760  Virtual School.
  761  
  762  The department shall determine and implement an equitable method
  763  of equivalent funding for experimental schools and for schools
  764  operating under emergency conditions, which schools have been
  765  approved by the department to operate for less than the minimum
  766  school day.
  767         Section 11. Paragraphs (e) and (g) of subsection (1) and
  768  subsection (11) of section 1011.62, Florida Statutes, are
  769  amended to read:
  770         1011.62 Funds for operation of schools.—If the annual
  771  allocation from the Florida Education Finance Program to each
  772  district for operation of schools is not determined in the
  773  annual appropriations act or the substantive bill implementing
  774  the annual appropriations act, it shall be determined as
  775  follows:
  776         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
  777  OPERATION.—The following procedure shall be followed in
  778  determining the annual allocation to each district for
  779  operation:
  780         (e) Funding model for exceptional student education
  781  programs.—
  782         1.a. The funding model uses basic, at-risk, support levels
  783  IV and V for exceptional students and career Florida Education
  784  Finance Program cost factors, and a guaranteed allocation for
  785  exceptional student education programs. Exceptional education
  786  cost factors are determined by using a matrix of services to
  787  document the services that each exceptional student will
  788  receive. The nature and intensity of the services indicated on
  789  the matrix shall be consistent with the services described in
  790  each exceptional student’s individual educational plan. The
  791  Department of Education shall review and revise the descriptions
  792  of the services and supports included in the matrix of services
  793  for exceptional students and shall implement those revisions
  794  before the beginning of the 2012-2013 school year.
  795         b. In order to generate funds using one of the two weighted
  796  cost factors, a matrix of services must be completed at the time
  797  of the student’s initial placement into an exceptional student
  798  education program and at least once every 3 years by personnel
  799  who have received approved training. Nothing listed in the
  800  matrix shall be construed as limiting the services a school
  801  district must provide in order to ensure that exceptional
  802  students are provided a free, appropriate public education.
  803         c. Students identified as exceptional, in accordance with
  804  chapter 6A-6, Florida Administrative Code, who do not have a
  805  matrix of services as specified in sub-subparagraph b. shall
  806  generate funds on the basis of full-time-equivalent student
  807  membership in the Florida Education Finance Program at the same
  808  funding level per student as provided for basic students.
  809  Additional funds for these exceptional students will be provided
  810  through the guaranteed allocation designated in subparagraph 2.
  811         2. For students identified as exceptional who do not have a
  812  matrix of services and students who are gifted in grades K
  813  through 8, there is created a guaranteed allocation to provide
  814  these students with a free appropriate public education, in
  815  accordance with s. 1001.42(4)(l) 1001.42(4)(m) and rules of the
  816  State Board of Education, which shall be allocated annually to
  817  each school district in the amount provided in the General
  818  Appropriations Act. These funds shall be in addition to the
  819  funds appropriated on the basis of FTE student membership in the
  820  Florida Education Finance Program, and the amount allocated for
  821  each school district shall not be recalculated during the year.
  822  These funds shall be used to provide special education and
  823  related services for exceptional students and students who are
  824  gifted in grades K through 8. Beginning with the 2007-2008
  825  fiscal year, a district’s expenditure of funds from the
  826  guaranteed allocation for students in grades 9 through 12 who
  827  are gifted may not be greater than the amount expended during
  828  the 2006-2007 fiscal year for gifted students in grades 9
  829  through 12.
  830         (g) Education for speakers of other languages.—A school
  831  district or a full-time virtual instruction program is shall be
  832  eligible to report full-time equivalent student membership in
  833  the ESOL program in the Florida Education Finance Program
  834  provided the following conditions are met:
  835         1. The school district or the full-time virtual instruction
  836  program has a plan approved by the Department of Education.
  837         2. The eligible student is identified and assessed as
  838  limited English proficient based on assessment criteria.
  839         3.a. An eligible student may be reported for funding in the
  840  ESOL program for a base period of 3 years. However, a student
  841  whose English competency does not meet the criteria for
  842  proficiency after 3 years in the ESOL program may be reported
  843  for a fourth, fifth, and sixth year of funding, provided his or
  844  her limited English proficiency is assessed and properly
  845  documented prior to his or her enrollment in each additional
  846  year beyond the 3-year base period.
  847         b. If a student exits the program and is later reclassified
  848  as limited English proficient, the student may be reported in
  849  the ESOL program for funding for an additional year, or extended
  850  annually for a period not to exceed a total of 6 years pursuant
  851  to this paragraph, based on an annual evaluation of the
  852  student’s status.
  853         4. An eligible student may be reported for funding in the
  854  ESOL program for membership in ESOL instruction in English and
  855  ESOL instruction or home language instruction in the basic
  856  subject areas of mathematics, science, social studies, and
  857  computer literacy.
  858         (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may
  859  annually provide in the Florida Education Finance Program a
  860  virtual education contribution. The amount of the virtual
  861  education contribution shall be the difference between the
  862  amount per FTE established in the General Appropriations Act for
  863  virtual education and the amount per FTE for each district and
  864  the Florida Virtual School, which may be calculated by taking
  865  the sum of the base FEFP allocation, the discretionary local
  866  effort, the state-funded discretionary contribution, the
  867  discretionary millage compression supplement, the research-based
  868  reading instruction allocation, and the instructional materials
  869  allocation, and then dividing by the total unweighted FTE. This
  870  difference shall be multiplied by the virtual education
  871  unweighted FTE for programs and options identified in s.
  872  1002.455(3) 1002.455(3)(a), (b), and (d) and the Florida Virtual
  873  School and its franchises to equal the virtual education
  874  contribution and shall be included as a separate allocation in
  875  the funding formula.
  876         Section 12. This act shall take effect July 1, 2012.