Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for HB 7029
                                Barcode 675332                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/3R         .         Floor: SENA1/C         
             05/02/2013 02:25 PM       .      05/03/2013 01:26 PM       

       Senator Brandes moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (6) is added to section 1002.321,
    6  Florida Statutes, to read:
    7         1002.321 Digital learning.—
    8         (6) ONLINE CATALOG.—The department shall develop an online
    9  catalog of available digital learning courses provided pursuant
   10  to ss. 1002.37, 1002.45, 1003.498, and 1003.499, which provides,
   11  for each course, access to the course description, completion
   12  and passage rates, and a method for student and teacher users to
   13  provide evaluative feedback.
   14         Section 2. Subsection (6) and paragraph (c) of subsection
   15  (9) of section 1002.37, Florida Statutes, are amended, and
   16  subsection (11) is added to that section, to read:
   17         1002.37 The Florida Virtual School.—
   18         (6) The board of trustees shall annually submit to the
   19  Governor, the Legislature, the Commissioner of Education, and
   20  the State Board of Education a complete and detailed report
   21  setting forth:
   22         (a) The operations and accomplishments of the Florida
   23  Virtual School within the state and those occurring outside the
   24  state as Florida Virtual School Global.
   25         (b) The marketing and operational plan for the Florida
   26  Virtual School and Florida Virtual School Global, including
   27  recommendations regarding methods for improving the delivery of
   28  education through the Internet and other distance learning
   29  technology.
   30         (c) The assets and liabilities of the Florida Virtual
   31  School and Florida Virtual School Global at the end of the
   32  fiscal year.
   33         (d) A copy of an annual financial audit of the accounts and
   34  records of the Florida Virtual School and Florida Virtual School
   35  Global, conducted by an independent certified public accountant
   36  and performed in accordance with rules adopted by the Auditor
   37  General.
   38         (e) Recommendations regarding the unit cost of providing
   39  services to students through the Florida Virtual School and
   40  Florida Virtual School Global. In order to most effectively
   41  develop public policy regarding any future funding of the
   42  Florida Virtual School, it is imperative that the cost of the
   43  program is accurately identified. The identified cost of the
   44  program must be based on reliable data.
   45         (f) Recommendations regarding an accountability mechanism
   46  to assess the effectiveness of the services provided by the
   47  Florida Virtual School and Florida Virtual School Global.
   48         (9)
   49         (c) Unless an alternative testing site is mutually agreed
   50  to by the Florida Virtual School and the school district or as
   51  contracted under s. 1008.24, all statewide assessments must be
   52  taken at the school to which the student would be assigned
   53  according to district school board attendance areas. A school
   54  district must provide the student with access to the school’s
   55  testing facilities.
   56         (11) The Auditor General shall conduct an operational audit
   57  of the Florida Virtual School, including Florida Virtual School
   58  Global. The scope of the audit shall include, but not be limited
   59  to, the administration of responsibilities relating to
   60  personnel; procurement and contracting; revenue production;
   61  school funds, including internal funds; student enrollment
   62  records; franchise agreements; information technology
   63  utilization, assets, and security; performance measures and
   64  standards; and accountability. The final report on the audit
   65  shall be submitted to the President of the Senate and the
   66  Speaker of the House of Representatives no later than January
   67  31, 2014.
   68         Section 3. Subsection (14) of section 1003.01, Florida
   69  Statutes, is amended to read:
   70         1003.01 Definitions.—As used in this chapter, the term:
   71         (14) “Core-curricula courses” means:
   72         (a) Courses in language arts/reading, mathematics, social
   73  studies, and science in prekindergarten through grade 3,
   74  excluding any extracurricular courses pursuant to subsection
   75  (15);
   76         (b) Courses in grades 4 through 8 in subjects that are
   77  measured by state assessment at any grade level and courses
   78  required for middle school promotion, excluding any
   79  extracurricular courses pursuant to subsection (15);
   80         (c) Courses in grades 9 through 12 in subjects that are
   81  measured by state assessment at any grade level and courses that
   82  are specifically identified by name in statute as required for
   83  high school graduation and that are not measured by state
   84  assessment, excluding any extracurricular courses pursuant to
   85  subsection (15);
   86         (d) Exceptional student education courses; and
   87         (e) English for Speakers of Other Languages courses.
   89  The term is limited in meaning and used for the sole purpose of
   90  designating classes that are subject to the maximum class size
   91  requirements established in s. 1, Art. IX of the State
   92  Constitution. This term does not include courses offered under
   93  ss. 1002.321(4)(e), 1002.33(7)(a)2.b., 1002.37, 1002.415, and
   94  1002.45, and 1003.499.
   95         Section 4. Section 1003.498, Florida Statues, is amended to
   96  read:
   97         1003.498 School district virtual course offerings.—
   98         (1) School districts may deliver courses in the traditional
   99  school setting by personnel certified pursuant to s. 1012.55 who
  100  provide direct instruction through virtual instruction or
  101  through blended learning courses consisting of both traditional
  102  classroom and online instructional techniques. Students in a
  103  blended learning course must be full-time students of the school
  104  and receive the online instruction in a classroom setting at the
  105  school. The funding, performance, and accountability
  106  requirements for blended learning courses are the same as those
  107  for traditional courses. To facilitate the delivery and coding
  108  of blended learning courses, the department shall provide
  109  identifiers for courses to designate courses that are used for
  110  blended learning for the efficient reporting of such courses.
  111         (2) School districts may offer virtual courses for students
  112  enrolled in the school district. These courses must be
  113  identified in the course code directory. Students who meet the
  114  eligibility requirements of s. 1002.455 may participate in these
  115  virtual course offerings.
  116         (a) Any eligible student who is enrolled in a school
  117  district may register and enroll in an online course offered by
  118  his or her school district.
  119         (b)1. Any eligible student who is enrolled in a school
  120  district may register and enroll in an online course offered by
  121  any other school district in the state, except as limited by the
  122  following:
  123         1. A student may not enroll in a course offered through a
  124  virtual instruction program provided pursuant to s. 1002.45.
  125         2. A student may not enroll in a virtual course offered by
  126  another school district if:
  127         a. The course is offered online by the school district in
  128  which the student resides; or
  129         b. The course is offered in the school in which the student
  130  is enrolled. However, a student may enroll in an online course
  131  offered by another school district if the school in which the
  132  student is enrolled offers the course but the student is unable
  133  to schedule the course in his or her school.
  134         3. The school district in which the student completes the
  135  course shall report the student’s completion of that course for
  136  funding pursuant to s. 1011.61(1)(c)1.b.(VI), and the home
  137  school district shall not report the student for funding for
  138  that course.
  139         2. For purposes of this paragraph, the combined total of
  140  all school district reported FTE may not be reported as more
  141  than 1.0 full-time equivalent student in any given school year.
  142  The Department of Education shall establish procedures to enable
  143  interdistrict coordination for the delivery and funding of this
  144  online option.
  145         (3) Access to courses shall be available to students during
  146  the normal school day. A school district may not require a
  147  public school student to take a course outside the school day
  148  which is in addition to the student’s courses for a given term
  149  or on school grounds.
  150         Section 5. Section 1003.499, Florida Statutes, is created
  151  to read:
  152         1003.499Florida Approved Courses and Tests (FACT)
  153  Initiative.—
  154         (1)PURPOSE.—
  155         (a) The purpose of the initiative shall be to make
  156  available multiple options to suit unique student interests,
  157  satisfy educational requirements, and accelerate student
  158  accomplishment of goals in a productive and effective manner.
  159  The Legislature intends that state and local rules, policies,
  160  and administrative decisions are flexible in interpreting and
  161  implementing the requirements in this section in order to
  162  encourage creative, innovative, resourceful, and forward
  163  thinking practices that can be modeled throughout this state and
  164  the country.
  165         (b)Beginning in the 2015-2016 school year, the Florida
  166  Approved Courses and Tests (FACT) Initiative shall be
  167  implemented to expand student choices in selecting high-quality
  168  online courses, including, but not limited to, massive open
  169  online courses and instruction included under subsection (2) for
  170  promotion or graduation. Such courses and instruction may be
  171  provided using a blended learning model that shall include
  172  components such as differentiated instruction, flexible
  173  scheduling, differentiated teaching, and self-paced learning.
  174  Instruction through the blended learning model may be provided
  175  using online instructional videos, online class forums, and
  176  online homework assignments and projects, coupled with one-on
  177  one direct instructional support to students.
  178         (2) FLORIDA APPROVED COURSES.—The Department of Education
  179  shall annually publish online a list of providers approved to
  180  offer Florida approved courses which shall be listed in the
  181  online catalog pursuant to s. 1002.321(6).
  182         (a)As used in this section, the term “Florida approved
  183  courses” means online courses provided by individuals which
  184  include, but are not limited to, massive open online courses or
  185  remedial education associated with the courses that are measured
  186  pursuant to s. 1008.22. Massive open online courses may be
  187  authorized in the following subject areas: Algebra I, biology,
  188  geometry, and civics. Courses may be applied toward requirements
  189  for promotion or graduation in whole, in subparts, or in a
  190  combination of whole and subparts. A student may not be required
  191  to repeat subparts that are satisfactorily completed.
  192         (b)A Florida approved course must be annually identified,
  193  approved, published, and shared for consideration by interested
  194  students and school districts. The Commissioner of Education
  195  shall approve each Florida approved course for application in K
  196  12 public schools in accordance with rules of the State Board of
  197  Education.
  198         (3) PROVIDER REQUIREMENTS.—
  199         (a) To be approved by the Department of Education, an
  200  individual provider must provide all the following documentation
  201  that demonstrates that he or she:
  202         1. Is nonsectarian regarding courses, enrollment policies,
  203  employment practices, and operations.
  204         2. Complies with the antidiscrimination provisions of s.
  205  1000.05.
  206         3. Requires all instructional staff to be Florida-certified
  207  teachers under chapter 1012 or certified as adjunct educators
  208  under s. 1012.57 and conducts background screenings for all
  209  employees or contracted personnel, as required by s. 1012.32,
  210  using state and national criminal history records.
  211         4. Provides to parents and students specific information
  212  posted and accessible online which includes, but is not limited
  213  to, the following teacher-parent and teacher-student contact
  214  information for each course:
  215         a. How to contact the instructor via telephone, e-mail, or
  216  online messaging tools.
  217         b. How to contact technical support via telephone, e-mail,
  218  or online messaging tools.
  219         c. How to contact the administration office or an
  220  individual offering online courses, including, but not limited
  221  to, massive open online courses, via telephone, e-mail, or
  222  online messaging tools.
  223         d. Any requirement for regular contact with the instructor
  224  for the course and clear expectations for meeting the
  225  requirement.
  226         5. Possesses prior, successful experience offering online
  227  courses to elementary, middle, or high school students as
  228  demonstrated by quantified student learning gains or student
  229  growth in each subject area and grade level provided for
  230  consideration as an instructional program option. However, for a
  231  provider without sufficient prior, successful experience
  232  offering online courses, the department may conditionally
  233  approve the provider to offer courses measured by the statewide
  234  assessment program pursuant to s. 1008.22. Conditional approval
  235  is valid for 1 year. Renewal of provider approval is contingent
  236  on sufficient performance data available demonstrating success
  237  in accordance with this section and State Board of Education
  238  rule.
  239         6. Ensures instructional and curricular quality through a
  240  detailed curriculum and student performance accountability plan
  241  that addresses every subject and grade level that the provider
  242  intends to provide through contract with the school district,
  243  including all of the following:
  244         a. Courses and programs that meet the standards of the
  245  International Association for K-12 Online Learning and the
  246  Southern Regional Education Board.
  247         b. Instructional content and services that align with, and
  248  measure student attainment of, student proficiency in the Next
  249  Generation Sunshine State Standards.
  250         c. Mechanisms that determine and ensure that a student has
  251  satisfied requirements for grade level promotion and high school
  252  graduation with a standard diploma, as appropriate.
  253         7. Publishes for the general public, in accordance with
  254  disclosure requirements adopted in rule by the State Board of
  255  Education, as part of the application as a provider and in all
  256  contracts negotiated pursuant to this section all of the
  257  following information:
  258         a. Certification status and physical location of all
  259  administrative and instructional personnel.
  260         b. Hours and times of availability of instructional
  261  personnel.
  262         c. Student-teacher ratios.
  263         d. Student completion and promotion rates.
  264         e. Student, educator, and school performance accountability
  265  outcomes.
  266         (b) Each approved provider contracted under this section
  267  must participate in the statewide assessment program under s.
  268  1008.22 and in the state’s education performance accountability
  269  system under s. 1008.31.
  270         Section 6. Section 1004.0961, Florida Statutes, is created
  271  to read:
  272         1004.0961Credit for online courses.—Beginning in the 2015
  273  2016 school year, the State Board of Education and the Board of
  274  Governors shall adopt rules that enable students to earn
  275  academic credit for online courses, including massive open
  276  online courses, prior to initial enrollment at a postsecondary
  277  institution. The rules of the State Board of Education and rules
  278  of the Board of Governors must include procedures for credential
  279  evaluation and the award of credit, including, but not limited
  280  to, recommendations for credit by the American Council on
  281  Education; equivalency and alignment of coursework with
  282  appropriate courses; course descriptions; type and amount of
  283  credit that may be awarded; and transfer of credit.
  284         Section 7. Section 1008.24, Florida Statutes, is amended to
  285  read:
  286         1008.24 Test administration and security.—
  287         (1) A person may not It is unlawful for anyone knowingly
  288  and willfully to violate test security rules adopted by the
  289  State Board of Education for mandatory tests administered by or
  290  through the State Board of Education or the Commissioner of
  291  Education to students, educators, or applicants for
  292  certification or administered by school districts pursuant to s.
  293  1008.22, or, with respect to any such test, knowingly and
  294  willfully to:
  295         (a) Give examinees access to test questions prior to
  296  testing;
  297         (b) Copy, reproduce, or use in any manner inconsistent with
  298  test security rules all or any portion of any secure test
  299  booklet;
  300         (c) Coach examinees during testing or alter or interfere
  301  with examinees’ responses in any way;
  302         (d) Make answer keys available to examinees;
  303         (e) Fail to follow security rules for distribution and
  304  return of secure test as directed, or fail to account for all
  305  secure test materials before, during, and after testing;
  306         (f) Fail to follow test administration directions specified
  307  in the test administration manuals; or
  308         (g) Participate in, direct, aid, counsel, assist in, or
  309  encourage any of the acts prohibited in this section.
  310         (2) A Any person who violates this section commits a
  311  misdemeanor of the first degree, punishable as provided in s.
  312  775.082 or s. 775.083.
  313         (3) A school district may contract with qualified
  314  contractors to administer and proctor statewide standardized
  315  assessments required under s. 1008.22 or assessments associated
  316  with Florida approved courses under s. 1003.499, as approved by
  317  the Department of Education in accordance with rules of the
  318  State Board of Education. Assessments may be administered or
  319  proctored by qualified contractors at sites that meet criteria
  320  established by rules of the State Board of Education and adopted
  321  pursuant to ss. 120.536(1) and 120.54 to implement the
  322  contracting requirements of this subsection.
  323         (4)(3)(a) A district school superintendent, a president of
  324  a public postsecondary educational institution, or a president
  325  of a nonpublic postsecondary educational institution shall
  326  cooperate with the Commissioner of Education in any
  327  investigation concerning the administration of a test
  328  administered pursuant to state statute or rule.
  329         (b) The identity of a school or postsecondary educational
  330  institution, the personally identifiable information of any
  331  personnel of any school district or postsecondary educational
  332  institution, or any specific allegations of misconduct obtained
  333  or reported pursuant to an investigation conducted by the
  334  Department of Education of a testing impropriety are
  335  confidential and exempt from the provisions of s. 119.07(1) and
  336  s. 24(a), Art. I of the State Constitution until the conclusion
  337  of the investigation or until such time as the investigation
  338  ceases to be active. For the purpose of this paragraph, an
  339  investigation shall be deemed concluded upon a finding that no
  340  impropriety has occurred, upon the conclusion of any resulting
  341  preliminary investigation pursuant to s. 1012.796, upon the
  342  completion of any resulting investigation by a law enforcement
  343  agency, or upon the referral of the matter to an employer who
  344  has the authority to take disciplinary action against an
  345  individual who is suspected of a testing impropriety. For the
  346  purpose of this paragraph, an investigation shall be considered
  347  active so long as it is ongoing and there is a reasonable, good
  348  faith anticipation that an administrative finding will be made
  349  in the foreseeable future. This paragraph is subject to the Open
  350  Government Sunset Review Act in accordance with s. 119.15 and
  351  shall stand repealed on October 2, 2014, unless reviewed and
  352  saved from repeal through reenactment by the Legislature.
  353         (5) Exceptional students with disabilities, as defined in
  354  s. 1003.01(3), shall have access to testing sites. The
  355  Department of Education and each school district shall adopt
  356  policies that are necessary to ensure such access.
  357         Section 8. By August 30, 2013, the Department of Education
  358  shall contract with a qualified contractor to review and provide
  359  recommendations for online courses, including massive open
  360  online courses, and competency-based online courses for K-12 and
  361  postsecondary education. The recommendations must, at a minimum,
  362  include the following components: improving access to the online
  363  courses, and approving, funding, holding providers accountable,
  364  and awarding credit for such courses. The department shall
  365  identify measures of quality based upon student outcomes, such
  366  as completion and achievement rates correlated appropriately to
  367  each delivery model; measures for students to demonstrate
  368  competency, such as prior learning assessments, end-of-course
  369  exams, assessments established by regionally accredited public
  370  institutions which may be applied as one whole assessment or as
  371  two or more discrete subassessments such that when combined, the
  372  subassessments are equivalent to a whole assessment; and
  373  opportunities to use online courses, including massive open
  374  online courses using blended learning or other tools delivered
  375  in modules or segments to provide instruction pursuant to s.
  376  1003.499(2)(a) for students in K-12 education. The department
  377  shall provide findings and recommendations to the Executive
  378  Office of the Governor, the President of the Senate, and the
  379  Speaker of the House of Representatives by February 1, 2014.
  380         Section 9. This act shall take effect July 1, 2013.
  382  ================= T I T L E  A M E N D M E N T ================
  383         And the title is amended as follows:
  384         Delete everything before the enacting clause
  385  and insert:
  386                        A bill to be entitled                      
  387         An act relating to education; amending s. 1002.321,
  388         F.S.; requiring the Department of Education to develop
  389         an online catalog of digital learning courses;
  390         amending s. 1002.37, F.S.; providing reporting
  391         requirements relating to Florida Virtual School
  392         Global; requiring the Auditor General to conduct an
  393         operational audit of the Florida Virtual School and
  394         submit a report to the Legislature; amending s.
  395         1003.01, F.S.; removing Florida approved courses and
  396         blended learning courses provided by a traditional
  397         public school, a charter school, or a district
  398         innovation school from the definition of the term
  399         “core-curricula courses” for purposes of class size
  400         requirements; amending s. 1003.498, F.S.; requiring
  401         the Department of Education to provide identifiers for
  402         courses to designate their use for blended learning
  403         courses; removing restrictions on students’ taking
  404         online courses across district lines; providing
  405         students’ access to courses; prohibiting a school
  406         district from requiring a public school student to
  407         take an online course at certain times or places;
  408         creating s. 1003.499, F.S.; creating the Florida
  409         Approved Course Initiative; providing the purpose of
  410         the initiative; providing legislative intent;
  411         providing that implementing the initiative allows
  412         students to expand their choices in selecting online
  413         courses; requiring the department to annually publish
  414         online a list of providers; defining the term “Florida
  415         approved courses” as it relates to the initiative;
  416         requiring that Florida approved courses be annually
  417         identified, approved, published, and shared for
  418         consideration by certain students and school
  419         districts; requiring the Commissioner of Education to
  420         approve each Florida approved course; providing
  421         requirements for approval as a provider for the
  422         initiative; requiring an approved provider to
  423         participate in the statewide assessment program and
  424         the education performance accountability system;
  425         creating s. 1004.0961, F.S.; requiring the State Board
  426         of Education and the Board of Governors to adopt rules
  427         that enable students to earn academic credit toward
  428         online courses; providing requirements for the rules;
  429         amending s. 1008.24, F.S.; authorizing a school
  430         district to contract with qualified contractors to
  431         administer and proctor statewide standardized
  432         assessments or assessments associated with Florida
  433         approved courses; providing that assessments may be
  434         administered or proctored by qualified contractors at
  435         sites that meet certain criteria; requiring
  436         exceptional students to have access to testing sites;
  437         requiring the Department of Education and school
  438         districts to adopt policies; requiring the department
  439         to contract with a qualified contractor to review and
  440         provide recommendations for improving access to online
  441         courses, and approving, funding, holding providers
  442         accountable, and awarding credit for online courses
  443         for K-12 and postsecondary education; requiring the
  444         department to identify measures of quality based upon
  445         student outcomes; requiring the department to provide
  446         findings and recommendations to the Governor and the
  447         Legislature by a specified date; providing an
  448         effective date.