HB 1429

1
A bill to be entitled
2An act relating to the Florida Virtual School; amending s.
31002.37, F.S., relating to the Florida Virtual School;
4authorizing the board of trustees of the Florida Virtual
5School to enter into franchise agreements with Florida-
6based virtual schools that are accredited by the Southern
7Association of Colleges and Schools; requiring the board
8of trustees to establish the terms and conditions
9governing franchise agreements if the board enters into
10franchise agreements with a Florida district school board
11or an accredited Florida-based virtual school;
12establishing requirements for the board of trustees for
13establishing performance and accountability measures and
14reporting the performance of franchises to the
15Commissioner of Education; authorizing certain accredited
16and approved Florida-based virtual schools to count full-
17time equivalent students; prohibiting accredited and
18approved Florida-based virtual schools from charging
19parents of a student a fee if the student received
20services and was counted as a full-time student by the
21Florida-based virtual school; providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Subsections (2) and (4) of section 1002.37,
26Florida Statutes, are amended to read:
27     1002.37  The Florida Virtual School.--
28     (2)  The Florida Virtual School shall be governed by a
29board of trustees comprised of seven members appointed by the
30Governor to 4-year staggered terms. The board of trustees shall
31be a public agency entitled to sovereign immunity pursuant to s.
32768.28, and board members shall be public officers who shall
33bear fiduciary responsibility for the Florida Virtual School.
34The board of trustees shall have the following powers and
35duties:
36     (a)1.  The board of trustees shall meet at least 4 times
37each year, upon the call of the chair, or at the request of a
38majority of the membership.
39     2.  The fiscal year for the Florida Virtual School shall be
40the state fiscal year as provided in s. 216.011(1)(o).
41     (b)  The board of trustees shall be responsible for the
42Florida Virtual School's development of a state-of-the-art
43technology-based education delivery system that is cost-
44effective, educationally sound, marketable, and capable of
45sustaining a self-sufficient delivery system through the Florida
46Education Finance Program.
47     (c)  The board of trustees shall aggressively seek avenues
48to generate revenue to support its future endeavors, and shall
49enter into agreements with distance learning providers. The
50board of trustees may acquire, enjoy, use, and dispose of
51patents, copyrights, and trademarks and any licenses and other
52rights or interests thereunder or therein. Ownership of all such
53patents, copyrights, trademarks, licenses, and rights or
54interests thereunder or therein shall vest in the state, with
55the board of trustees having full right of use and full right to
56retain the revenues derived therefrom. Any funds realized from
57patents, copyrights, trademarks, or licenses shall be considered
58internal funds as provided in s. 1011.07. Such funds shall be
59used to support the school's marketing and research and
60development activities in order to improve courseware and
61services to its students.
62     (d)  The board of trustees shall be responsible for the
63administration and control of all local school funds derived
64from all activities or sources and shall prescribe the
65principles and procedures to be followed in administering these
66funds.
67     (e)  The Florida Virtual School may accrue supplemental
68revenue from supplemental support organizations, which include,
69but are not limited to, alumni associations, foundations,
70parent-teacher associations, and booster associations. The
71governing body of each supplemental support organization shall
72recommend the expenditure of moneys collected by the
73organization for the benefit of the school. Such expenditures
74shall be contingent upon the review of the executive director.
75The executive director may override any proposed expenditure of
76the organization that would violate Florida law or breach sound
77educational management.
78     (f)  In accordance with law and rules of the State Board of
79Education, the board of trustees shall administer and maintain
80personnel programs for all employees of the board of trustees
81and the Florida Virtual School. The board of trustees may adopt
82rules, policies, and procedures related to the appointment,
83employment, and removal of personnel.
84     1.  The board of trustees shall determine the compensation,
85including salaries and fringe benefits, and other conditions of
86employment for such personnel.
87     2.  The board of trustees may establish and maintain a
88personnel loan or exchange program by which persons employed by
89the board of trustees for the Florida Virtual School as academic
90administrative and instructional staff may be loaned to, or
91exchanged with persons employed in like capacities by, public
92agencies either within or without this state, or by private
93industry. With respect to public agency employees, the program
94authorized by this subparagraph shall be consistent with the
95requirements of part II of chapter 112. The salary and benefits
96of board of trustees personnel participating in the loan or
97exchange program shall be continued during the period of time
98they participate in a loan or exchange program, and such
99personnel shall be deemed to have no break in creditable or
100continuous service or employment during such time. The salary
101and benefits of persons participating in the personnel loan or
102exchange program who are employed by public agencies or private
103industry shall be paid by the originating employers of those
104participants, and such personnel shall be deemed to have no
105break in creditable or continuous service or employment during
106such time.
107     3.  The employment of all Florida Virtual School academic
108administrative and instructional personnel shall be subject to
109rejection for cause by the board of trustees, and shall be
110subject to policies of the board of trustees relative to
111certification, tenure, leaves of absence, sabbaticals,
112remuneration, and such other conditions of employment as the
113board of trustees deems necessary and proper, not inconsistent
114with law.
115     4.  Each person employed by the board of trustees in an
116academic administrative or instructional capacity with the
117Florida Virtual School shall be entitled to a contract as
118provided by rules of the board of trustees.
119     5.  All employees except temporary, seasonal, and student
120employees may be state employees for the purpose of being
121eligible to participate in the Florida Retirement System and
122receive benefits. The classification and pay plan, including
123terminal leave and other benefits, and any amendments thereto,
124shall be subject to review and approval by the Department of
125Management Services and the Executive Office of the Governor
126prior to adoption.
127     (g)  The board of trustees shall establish priorities for
128admission of students in accordance with paragraph (1)(b).
129     (h)  The board of trustees shall establish and distribute
130to all school districts and high schools in the state procedures
131for enrollment of students in courses offered by the Florida
132Virtual School.
133     (i)  The board of trustees shall establish criteria
134defining the elements of an approved franchise. The board of
135trustees may enter into franchise agreements with Florida
136district school boards and Florida-based virtual schools that
137are accredited by the Southern Association of Colleges and
138Schools. If the board of trustees enters into a franchise
139agreement with a Florida district school board or a Florida-
140based virtual school that is accredited by the Southern
141Association of College and Schools, the board of trustees shall
142may establish the terms and conditions governing such agreement
143agreements. The board of trustees shall establish the
144performance and accountability measures and report the
145performance of each school district franchise and each franchise
146with a Florida-based virtual school that is accredited by the
147Southern Association of Colleges and Schools to the Commissioner
148of Education.
149     (j)  The board of trustees shall submit to the State Board
150of Education both forecasted and actual enrollments and credit
151completions for the Florida Virtual School, according to
152procedures established by the State Board of Education. At a
153minimum, such procedures must include the number of public,
154private, and home education students served by program and by
155county of residence.
156     (k)  The board of trustees shall provide for the content
157and custody of student and employee personnel records. Student
158records shall be subject to the provisions of s. 1002.22.
159Employee records shall be subject to the provisions of s.
1601012.31.
161     (l)  The financial records and accounts of the Florida
162Virtual School shall be maintained under the direction of the
163board of trustees and under rules adopted by the State Board of
164Education for the uniform system of financial records and
165accounts for the schools of the state.
166
167The Governor shall designate the initial chair of the board of
168trustees to serve a term of 4 years. Members of the board of
169trustees shall serve without compensation, but may be reimbursed
170for per diem and travel expenses pursuant to s. 112.061. The
171board of trustees shall be a body corporate with all the powers
172of a body corporate and such authority as is needed for the
173proper operation and improvement of the Florida Virtual School.
174The board of trustees is specifically authorized to adopt rules,
175policies, and procedures, consistent with law and rules of the
176State Board of Education related to governance, personnel,
177budget and finance, administration, programs, curriculum and
178instruction, travel and purchasing, technology, students,
179contracts and grants, and property as necessary for optimal,
180efficient operation of the Florida Virtual School. Tangible
181personal property owned by the board of trustees shall be
182subject to the provisions of chapter 273.
183     (4)  The following School districts operating a virtual
184school that is an approved franchise of the Florida Virtual
185School may count full-time equivalent students, as provided in
186paragraph (3)(a), if such school has been certified as an
187approved franchise by the Commissioner of Education based on
188criteria established by the board of trustees pursuant to
189paragraph (2)(i):.
190     (a)  A school district operating a virtual school that is
191an approved franchise of the Florida Virtual School; or
192     (b)  A Florida-based virtual school that is accredited by
193the Southern Association of Colleges and Schools and that is an
194approved franchise of the Florida Virtual School.
195
196However, a Florida-based virtual school that is accredited by
197the Southern Association of Colleges and Schools and that is an
198approved franchise of the Florida Virtual School may not charge
199the parent of a student a fee for services provided by the
200school if the student received services and was counted as a
201full-time student by the Florida-based virtual school.
202     Section 2.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.