Florida Senate - 2018                                    SB 1198
       
       
        
       By Senator Baxley
       
       
       
       
       
       12-01605-18                                           20181198__
    1                        A bill to be entitled                      
    2         An act relating to virtual education; amending s.
    3         1002.37, F.S.; requiring the Florida Virtual School to
    4         give enrollment priority to dependent children of
    5         certain active duty military personnel; requiring that
    6         certain examinations and assessments be available to
    7         all Florida Virtual School students; requiring a
    8         school district to provide certain information to
    9         Florida Virtual School students; authorizing the
   10         Florida Virtual School to use a specified form to
   11         determine residency and to serve specified students
   12         directly; providing for funding for certain students;
   13         amending s. 1002.45, F.S.; revising documentation
   14         requirements for virtual education providers;
   15         providing for the automatic termination of a virtual
   16         instruction provider’s contract under certain
   17         circumstances; authorizing the State Board of
   18         Education to grant a waiver of such termination;
   19         amending s. 1003.05, F.S.; requiring that dependent
   20         children of active duty military personnel be given
   21         first preference for admission to the Florida Virtual
   22         School; amending s. 1011.61, F.S.; revising the
   23         definition of the term “full-time equivalent student”;
   24         amending s. 1012.32, F.S.; requiring certain personnel
   25         seeking employment from a virtual instruction program
   26         to undergo certain screenings; requiring the
   27         Department of Law Enforcement to provide the results
   28         of a background screening to specified entities;
   29         providing an effective date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Present subsection (10) of section 1002.37,
   34  Florida Statutes, is renumbered as subsection (11), paragraph
   35  (b) of subsection (1) and present paragraph (c) of subsection
   36  (9) are amended, a new paragraph (c) is added to subsection (9),
   37  and a new subsection (10) is added to that section, to read:
   38         1002.37 The Florida Virtual School.—
   39         (1)
   40         (b) The mission of the Florida Virtual School is to provide
   41  students with technology-based educational opportunities to gain
   42  the knowledge and skills necessary to succeed. The school shall
   43  serve any student in the state who meets the profile for success
   44  in this educational delivery context and shall give priority to:
   45         1. Students who need expanded access to courses in order to
   46  meet their educational goals, such as home education students
   47  and students in inner-city and rural high schools who do not
   48  have access to higher-level courses.
   49         2. Students seeking accelerated access in order to obtain a
   50  high school diploma at least one semester early.
   51         3.Dependent children of active duty military personnel not
   52  stationed in the state whose home of record is Florida or whose
   53  State of Legal Residence Certificate, DD Form 2058, lists
   54  Florida.
   55  
   56  The board of trustees of the Florida Virtual School shall
   57  identify appropriate performance measures and standards based on
   58  student achievement that reflect the school’s statutory mission
   59  and priorities, and shall implement an accountability system for
   60  the school that includes assessment of its effectiveness and
   61  efficiency in providing quality services that encourage high
   62  student achievement, seamless articulation, and maximum access.
   63         (9)
   64         (c)Industry certification examinations, national
   65  assessments, and statewide assessments offered by the school
   66  district shall be available to all Florida Virtual School
   67  students.
   68         (d)(c) Unless an alternative testing site is mutually
   69  agreed to by the Florida Virtual School and the school district
   70  or as contracted under s. 1008.24, all industry certification
   71  examinations, national assessments, and statewide assessments
   72  must be taken at the school to which the student would be
   73  assigned according to district school board attendance areas. A
   74  school district must provide the student with access to the
   75  school’s testing facilities and the date and time of the
   76  administration of each examination or assessment.
   77         (10)For purposes of the enrollment of a dependent child of
   78  active duty military personnel as a part-time or full-time
   79  student in the Florida Virtual School, the Florida Virtual
   80  School may use the State of Legal Residence Certificate, DD Form
   81  2058, to verify residency for the child and may serve the child
   82  directly. Funding for such students shall be provided in
   83  accordance with subsection (3).
   84         Section 2. Paragraph (a) of subsection (2) and paragraph
   85  (d) of subsection (8) of section 1002.45, Florida Statutes, are
   86  amended to read:
   87         1002.45 Virtual instruction programs.—
   88         (2) PROVIDER QUALIFICATIONS.—
   89         (a) The department shall annually publish online a list of
   90  providers approved to offer virtual instruction programs. To be
   91  approved by the department, a provider must document that it:
   92         1. Is nonsectarian in its programs, admission policies,
   93  employment practices, and operations;
   94         2. Complies with the antidiscrimination provisions of s.
   95  1000.05;
   96         3. Locates an administrative office or offices in this
   97  state, requires its administrative staff to be state residents,
   98  requires all instructional staff to be Florida-certified
   99  teachers under chapter 1012 and conducts background screenings
  100  for all employees or contracted personnel, as required by s.
  101  1012.32, using state and national criminal history records;
  102         4. Provides to parents and students specific information
  103  posted and accessible online that includes, but is not limited
  104  to, the following teacher-parent and teacher-student contact
  105  information for each course:
  106         a. How to contact the instructor via phone, e-mail, or
  107  online messaging tools.
  108         b. How to contact technical support via phone, e-mail, or
  109  online messaging tools.
  110         c. How to contact the administration office via phone, e
  111  mail, or online messaging tools.
  112         d. Any requirement for regular contact with the instructor
  113  for the course and clear expectations for meeting the
  114  requirement.
  115         e. The requirement that the instructor in each course must,
  116  at a minimum, conduct one contact via phone with the parent and
  117  the student each month;
  118         5. Possesses prior, successful experience offering online
  119  courses to elementary, middle, or high school students as
  120  demonstrated by quantified student learning gains in each
  121  subject area and grade level provided for consideration as an
  122  instructional program option. However, for a provider without
  123  sufficient prior, successful experience offering online courses,
  124  the department may conditionally approve the provider to offer
  125  courses measured pursuant to subparagraph (8)(a)2. Conditional
  126  approval shall be valid for 1 school year only and, based on the
  127  provider’s experience in offering the courses, the department
  128  shall determine whether to grant approval to offer a virtual
  129  instruction program;
  130         6. Is accredited by a regional accrediting association as
  131  defined by State Board of Education rule;
  132         7. Ensures instructional and curricular quality through a
  133  detailed curriculum and student performance accountability plan
  134  that addresses every subject and grade level it intends to
  135  provide through contract with the school district, including:
  136         a. Courses and programs that meet the standards of the
  137  International Association for K-12 Online Learning and the
  138  Southern Regional Education Board.
  139         b. Instructional content and services that align with, and
  140  measure student attainment of, student proficiency in the Next
  141  Generation Sunshine State Standards.
  142         c. Mechanisms that determine and ensure that a student has
  143  satisfied requirements for grade level promotion and high school
  144  graduation with a standard diploma, as appropriate;
  145         8. Publishes for the general public, in accordance with
  146  disclosure requirements adopted in rule by the State Board of
  147  Education, as part of its application as a provider and in all
  148  contracts negotiated pursuant to this section:
  149         a. Information and data about the curriculum of each full
  150  time and part-time program.
  151         b. School policies and procedures.
  152         c. Certification status and physical location of all
  153  administrative and instructional personnel.
  154         d. Hours and times of availability of instructional
  155  personnel.
  156         e. Student-teacher ratios.
  157         f. Student completion and promotion rates.
  158         g. Student, educator, and school performance accountability
  159  outcomes;
  160         9. If the provider is a Florida College System institution,
  161  employs instructors who meet the certification requirements for
  162  instructional staff under chapter 1012; and
  163         10. Performs an annual financial audit of its accounts and
  164  records conducted by an independent certified public accountant
  165  which is in accordance with rules adopted by the Auditor
  166  General, is conducted in compliance with generally accepted
  167  auditing standards, and includes a report on financial
  168  statements presented in accordance with generally accepted
  169  accounting principles.
  170         (8) ASSESSMENT AND ACCOUNTABILITY.—
  171         (d) An approved provider’s contract is automatically must
  172  be terminated if the provider earns two consecutive receives a
  173  school grades grade of “D” or “F” under s. 1008.34 after all
  174  school grade appeals are final or receives two consecutive a
  175  school improvement ratings rating of “Unsatisfactory” under s.
  176  1008.341 for 2 years during any consecutive 4-year period or has
  177  violated any qualification requirement pursuant to subsection
  178  (2); however, the State Board of Education may grant the
  179  provider a waiver of termination. A provider that has a contract
  180  terminated under this paragraph may not be an approved provider
  181  for a period of at least 1 year after the date upon which the
  182  contract was terminated and until the department determines that
  183  the provider is in compliance with subsection (2) and has
  184  corrected each cause of the provider’s low performance.
  185         Section 3. Subsection (3) of section 1003.05, Florida
  186  Statutes, is amended to read:
  187         1003.05 Assistance to transitioning students from military
  188  families.—
  189         (3) Dependent children of active duty military personnel
  190  who otherwise meet the eligibility criteria for special academic
  191  programs offered through public schools shall be given first
  192  preference for admission to such programs even if the program is
  193  being offered through a public school other than the school to
  194  which the student would generally be assigned. If such a program
  195  is offered through a public school other than the school to
  196  which the student would generally be assigned, the parent or
  197  guardian of the student must assume responsibility for
  198  transporting the student to that school. For purposes of this
  199  subsection, special academic programs include the Florida
  200  Virtual School, magnet schools, advanced studies programs,
  201  advanced placement, dual enrollment, Advanced International
  202  Certificate of Education, and International Baccalaureate.
  203         Section 4. Paragraph (c) of subsection (1) of section
  204  1011.61, Florida Statutes, is amended to read:
  205         1011.61 Definitions.—Notwithstanding the provisions of s.
  206  1000.21, the following terms are defined as follows for the
  207  purposes of the Florida Education Finance Program:
  208         (1) A “full-time equivalent student” in each program of the
  209  district is defined in terms of full-time students and part-time
  210  students as follows:
  211         (c)1. A “full-time equivalent student” is:
  212         a. A full-time student in any one of the programs listed in
  213  s. 1011.62(1)(c); or
  214         b. A combination of full-time or part-time students in any
  215  one of the programs listed in s. 1011.62(1)(c) which is the
  216  equivalent of one full-time student based on the following
  217  calculations:
  218         (I) A full-time student in a combination of programs listed
  219  in s. 1011.62(1)(c) shall be a fraction of a full-time
  220  equivalent membership in each special program equal to the
  221  number of net hours per school year for which he or she is a
  222  member, divided by the appropriate number of hours set forth in
  223  subparagraph (a)1. The difference between that fraction or sum
  224  of fractions and the maximum value as set forth in subsection
  225  (4) for each full-time student is presumed to be the balance of
  226  the student’s time not spent in a special program and shall be
  227  recorded as time in the appropriate basic program.
  228         (II) A prekindergarten student with a disability shall meet
  229  the requirements specified for kindergarten students.
  230         (III) A full-time equivalent student for students in
  231  kindergarten through grade 12 in a full-time virtual instruction
  232  program under s. 1002.45 or a virtual charter school under s.
  233  1002.33 shall consist of six full-credit completions or the
  234  prescribed level of content that counts toward promotion to the
  235  next grade in programs listed in s. 1011.62(1)(c). Credit
  236  completions may be a combination of full-credit courses or half
  237  credit courses. If the required number of credit completions or
  238  the prescribed level of content is not met but the student is
  239  enrolled in the program or school for the October and February
  240  student membership surveys, the student shall be calculated at
  241  80 percent of a full-time equivalent student.
  242         (IV) A full-time equivalent student for students in
  243  kindergarten through grade 12 in a part-time virtual instruction
  244  program under s. 1002.45 shall consist of six full-credit
  245  completions in programs listed in s. 1011.62(1)(c)1. and 3.
  246  Credit completions may be a combination of full-credit courses
  247  or half-credit courses. If the required number of credit
  248  completions is not met but the student is enrolled in the
  249  program for the October and February student membership surveys,
  250  the student shall be calculated at 80 percent of a full-time
  251  equivalent student.
  252         (V) A Florida Virtual School full-time equivalent student
  253  shall consist of six full-credit completions or the prescribed
  254  level of content that counts toward promotion to the next grade
  255  in the programs listed in s. 1011.62(1)(c)1. and 3. for students
  256  participating in kindergarten through grade 12 part-time virtual
  257  instruction and the programs listed in s. 1011.62(1)(c) for
  258  students participating in kindergarten through grade 12 full
  259  time virtual instruction. Credit completions may be a
  260  combination of full-credit courses or half-credit courses. If
  261  the required number of credit completions or the prescribed
  262  level of content is not met but the student is enrolled in the
  263  school for the October and February student membership surveys,
  264  the student shall be calculated at 80 percent of a full-time
  265  equivalent student.
  266         (VI) Each successfully completed full-credit course earned
  267  through an online course delivered by a district other than the
  268  one in which the student resides shall be calculated as 1/6 FTE.
  269  If the required number of credit completions is not met but the
  270  student is enrolled in the course for the October and February
  271  student membership surveys, payment shall be calculated at 80
  272  percent of 1/6 FTE.
  273         (VII) A full-time equivalent student for courses requiring
  274  passage of a statewide, standardized end-of-course assessment
  275  under s. 1003.4282 to earn a standard high school diploma shall
  276  be defined and reported based on the number of instructional
  277  hours as provided in this subsection. If the student does not
  278  pass the end-of-course assessment but is enrolled in the course
  279  for the October and February student membership surveys, the
  280  student shall be calculated at 80 percent of a full-time
  281  equivalent student who passed the end-of-course assessment.
  282         (VIII) For students enrolled in a school district as a
  283  full-time student, the district may report 1/6 FTE for each
  284  student who passes a statewide, standardized end-of-course
  285  assessment without being enrolled in the corresponding course.
  286         2. A student in membership in a program scheduled for more
  287  or less than 180 school days or the equivalent on an hourly
  288  basis as specified by rules of the State Board of Education is a
  289  fraction of a full-time equivalent membership equal to the
  290  number of instructional hours in membership divided by the
  291  appropriate number of hours set forth in subparagraph (a)1.;
  292  however, for the purposes of this subparagraph, membership in
  293  programs scheduled for more than 180 days is limited to students
  294  enrolled in:
  295         a. Juvenile justice education programs.
  296         b. The Florida Virtual School.
  297         c. Virtual instruction programs and virtual charter schools
  298  for the purpose of course completion and credit recovery
  299  pursuant to ss. 1002.45 and 1003.498. Course completion applies
  300  only to a student who is reported during the second or third
  301  membership surveys and who does not complete a virtual education
  302  course by the end of the regular school year. The course must be
  303  completed no later than the deadline for amending the final
  304  student enrollment survey for that year. Credit recovery applies
  305  only to a student who has unsuccessfully completed a traditional
  306  or virtual education course during the regular school year and
  307  must retake the course in order to be eligible to graduate with
  308  the student’s class.
  309  
  310  The full-time equivalent student enrollment calculated under
  311  this subsection is subject to the requirements in subsection
  312  (4).
  313  
  314  The department shall determine and implement an equitable method
  315  of equivalent funding for schools operating under emergency
  316  conditions, which schools have been approved by the department
  317  to operate for less than the minimum term as provided in s.
  318  1011.60(2).
  319         Section 5. Subsection (2) of section 1012.32, Florida
  320  Statutes, is amended to read:
  321         1012.32 Qualifications of personnel.—
  322         (2)(a) Instructional and noninstructional personnel who are
  323  hired or contracted to fill positions that require direct
  324  contact with students in any district school system, virtual
  325  instruction program, or university lab school must, upon
  326  employment or engagement to provide services, undergo background
  327  screening as required under s. 1012.465 or s. 1012.56, whichever
  328  is applicable.
  329         (b) Instructional and noninstructional personnel who are
  330  hired or contracted to fill positions in any charter school and
  331  members of the governing board of any charter school, in
  332  compliance with s. 1002.33(12)(g), must, upon employment,
  333  engagement of services, or appointment, undergo background
  334  screening as required under s. 1012.465 or s. 1012.56, whichever
  335  is applicable, by filing with the district school board for the
  336  school district in which the charter school is located a
  337  complete set of fingerprints taken by, at the screened
  338  individual’s discretion, an authorized law enforcement agency or
  339  any an employee of the school or school district who is trained
  340  to take fingerprints.
  341         (c) Instructional and noninstructional personnel who are
  342  hired or contracted to fill positions that require direct
  343  contact with students in an alternative school that operates
  344  under contract with a district school system must, upon
  345  employment or engagement to provide services, undergo background
  346  screening as required under s. 1012.465 or s. 1012.56, whichever
  347  is applicable, by filing with the district school board for the
  348  school district to which the alternative school is under
  349  contract a complete set of fingerprints taken by, at the
  350  screened individual’s discretion, an authorized law enforcement
  351  agency or any an employee of the school or school district who
  352  is trained to take fingerprints.
  353         (d) Student teachers and persons participating in a field
  354  experience pursuant to s. 1004.04(5) or s. 1004.85 in any
  355  district school system, lab school, or charter school must, upon
  356  engagement to provide services, undergo background screening as
  357  required under s. 1012.56.
  358  
  359  Fingerprints shall be submitted to the Department of Law
  360  Enforcement for statewide criminal and juvenile records checks
  361  and to the Federal Bureau of Investigation for federal criminal
  362  records checks. A person subject to this subsection who is found
  363  ineligible for employment under s. 1012.315, or otherwise found
  364  through background screening to have been convicted of any crime
  365  involving moral turpitude as defined by rule of the State Board
  366  of Education, shall not be employed, engaged to provide
  367  services, or serve in any position that requires direct contact
  368  with students. Probationary persons subject to this subsection
  369  terminated because of their criminal record have the right to
  370  appeal such decisions. The cost of the background screening may
  371  be borne by the district school board, the charter school, the
  372  employee, the contractor, or a person subject to this
  373  subsection. The Department of Law Enforcement shall provide the
  374  results of the background screening to the entity submitting the
  375  fingerprints and the district school, charter school, virtual
  376  instruction program, or lab school where the employee will have
  377  direct contact with students, as applicable. Notwithstanding any
  378  other provision of law, an individual who has direct contact
  379  with students in multiple school districts shall only be
  380  fingerprinted once, and the Department of Law Enforcement shall
  381  provide the results of the background screening to each school
  382  district employing or affiliated with the individual.
  383         Section 6. This act shall take effect July 1, 2018.