HB 7039

1	A bill to be entitled
2	An act relating to K-8 virtual schools; creating s.
3	1002.375, F.S.; establishing the Kindergarten through
4	Grade 8 (K-8) Virtual School Program within the Department
5	of Education; providing student eligibility requirements;
6	requiring enrolled students to meet compulsory school
7	attendance requirements and participate in the statewide
8	assessment program; providing school eligibility
9	requirements; authorizing schools to be for-profit or
10	nonprofit entities; providing a school application
11	procedure; requiring applicants to verify certain
12	information and submit certain plans; providing for 3-year
13	contracts for approved schools and authorizing contract
14	renewals; designating participating schools as independent
15	schools; requiring schools to provide each student with
16	the materials, equipment, and services necessary to
17	receive instruction; authorizing the current pilot K-8
18	virtual schools to continue operation through the 2006-
19	2007 school year; requiring pilot schools to meet all
20	application requirements in order to operate beyond the
21	2006-2007 school year; requiring program funding to be
22	established annually in the General Appropriations Act and
23	providing a payment schedule to schools; requiring schools
24	to participate in the statewide assessment program and be
25	subject to the school grading system; requiring school
26	improvement plans for low-performing schools and contract
27	termination for continued low school performance;
28	providing causes for nonrenewal or termination of a school
29	contract and responsibility for debt; providing for
30	student enrollment in another public school under certain
31	circumstances; requiring rulemaking; providing an
32	effective date.
33
34	Be It Enacted by the Legislature of the State of Florida:
35
36	Section 1.  Section 1002.375, Florida Statutes, is created
37	to read:
38	1002.375  K-8 Virtual School Program.--
39	(1)  K-8 VIRTUAL SCHOOL PROGRAM.--Subject to annual
40	legislative appropriation, the Kindergarten through Grade 8
41	(K-8) Virtual School Program is established within the
42	Department of Education for the purpose of making academic
43	instruction available to full-time students in kindergarten
44	through grade 8 using on-line and distance learning technology.
45	The department must use an application process to select schools
46	to participate in the program and to deliver program
47	instruction.
48	(2)  STUDENT ELIGIBILITY.--
49	(a)  Enrollment in each participating school is open to any
50	K-8 student in the state provided the student meets at least one
51	of the following conditions:
52	1.  The student has spent the prior school year in
53	attendance at a Florida public school. Prior year school
54	attendance means the student was enrolled and reported by a
55	public school district for funding during the preceding October
56	and February Florida Education Finance Program surveys.
57	2.  The student was enrolled during the prior school year
58	in a K-8 virtual school funded pursuant to this section or the
59	2005-2006 General Appropriations Act.
60	3.  The student is eligible to enroll in kindergarten or
61	the first grade.
62	4.  The student has a sibling who is currently enrolled in
63	a participating K-8 virtual school and was enrolled at the end
64	of the prior school year.
65	(b)  Students enrolled in a participating K-8 virtual
66	school are subject to the compulsory school attendance
67	requirements of s. 1003.21. Student attendance must be verified
68	according to department procedures.
69	(c)  Each student enrolled in a participating K-8 virtual
70	school must take the statewide assessments required under s.
71	1008.22 within the student's school district of residence, which
72	must provide that student with access to the district's testing
73	facilities.
74	(3)  SCHOOL ELIGIBILITY.--
75	(a)  To be eligible to participate in the K-8 Virtual
76	School Program, a school must meet the following conditions:
77	1.  Be nonsectarian in its programs, admission policies,
78	employment practices, and operations.
79	2.  Comply with the antidiscrimination provisions of s.
80	1000.05.
81	3.  Participate in the state's performance accountability
82	system created under s. 1008.31.
83	4.  Locate its administrative office in the state and
84	require its administrative and instructional staff members to be
85	state residents.
86	5.  Require no tuition or student registration fee.
87	(b)  Schools applying to participate in the K-8 Virtual
88	School Program may be for-profit or nonprofit entities.
89	(4)_ APPLICATION PROCEDURES.--
90	(a)  The department must provide an application form to be
91	completed by schools seeking to participate in the K-8 Virtual
92	School Program. Initial application forms must be made available
93	in sufficient time to enable schools to apply and be approved to
94	participate in the program by the beginning of the 2007-2008
95	school year. In addition to information that may be required by
96	the department, each applicant must provide verification that:
97	1.  The applicant meets the eligibility criteria required
98	by this section.
99	2.  All members of the school's instructional staff are
100	professional educators certified according to the provisions of
101	chapter 1012.
102	3.  All school employees have undergone background
103	screening as required by s. 1012.32.
104	(b)  In addition to a completed application form, each
105	applicant must provide the department with:
106	1.  A detailed plan describing how the school curriculum
107	and course content will conform to the Sunshine State Standards.
108	2.  An annual financial plan for each year of operation of
109	the school for a minimum of 3 years. The plan must contain
110	anticipated fund balances based on revenue projections, a
111	spending plan based on projected revenues and expenses, and a
112	description of controls that will safeguard finances and
113	projected enrollment trends.
114	(c)  The department must approve or deny a school's
115	participation in the K-8 Virtual School Program within 90 days
116	after the receipt of an application.
117	(5)  PARTICIPATING SCHOOLS.--
118	(a)  A school approved by the department to participate in
119	the K-8 Virtual School Program must receive an initial 3-year
120	contract with the department to provide program services,
121	subject to annual department review and legislative
122	appropriation. Contract renewals may be for up to 5 years upon
123	agreement of both parties, contingent upon annual funding in the
124	General Appropriations Act.
125	(b)  A school approved to participate in the program is
126	deemed to be an independent virtual school, providing on behalf
127	of the state a full-time, 180-day, on-line program of
128	instruction to students in kindergarten through grade 8.
129	(c)  A school approved to participate in the program must
130	provide each student with:
131	1.  All necessary instructional materials.
132	2.  All equipment, including, but not limited to, a
133	computer, computer monitor, and printer for each household that
134	has a student enrolled in the virtual school.
135	3.  Access to or reimbursement for all Internet services
136	necessary for on-line delivery of instruction for each household
137	that has a student enrolled in the virtual school.
138	(6)  PILOT SCHOOLS.--
139	(a)  The two pilot K-8 virtual schools for which funding
140	was provided in the 2005-2006 General Appropriations Act are
141	authorized to continue operation for the 2006-2007 school year.
142	(b)  With the exception of the application and contracting
143	requirements, the pilot schools are subject to the provisions of
144	this section for the 2006-2007 school year.
145	(c)  Each pilot school must complete the application
146	requirements of this section and be approved by the department
147	in order to participate in the K-8 Virtual School Program beyond
148	the 2006-2007 school year.
149	(7)  FUNDING.--
150	(a)  State funding for each participating K-8 virtual
151	school must be based on total program enrollment and an amount
152	per full-time equivalent student established annually in the
153	General Appropriations Act.
154	(b)  Upon proper documentation of student enrollment
155	reviewed and approved by the department, payments must be made
156	to participating K-8 virtual schools in four equal payments no
157	later than September 1, November 1, February 1, and April 15 of
158	each academic year. The initial payment must be made after
159	department verification of student admission acceptance, and
160	subsequent payments must be made upon verification of continued
161	enrollment and attendance.
162	(8)  ASSESSMENT AND ACCOUNTABILITY.--
163	(a)  Each participating K-8 virtual school must participate
164	in the statewide assessment program created under s. 1008.22 and
165	be subject to the school grading system created under s.
166	1008.34.
167	(b)  A participating K-8 virtual school with a performance
168	grade category of "D" or "F" must file a school improvement plan
169	with the department for consultation to determine the causes for
170	low performance and to develop a plan for correction and
171	improvement.
172	(c)  The department must terminate the contract of any K-8
173	virtual school receiving a performance grade category of "D" or
174	"F" for 2 school years in a 4-year period.
175	(9)  CAUSES FOR NONRENEWAL OR TERMINATION OF CONTRACT.--
176	(a)  At the end of a contract with a K-8 virtual school,
177	the department may choose not to renew the contract on any of
178	the following grounds:
179	1.  Failure to participate in the state's performance
180	accountability system created under s. 1008.31, as required in
181	this section.
182	2.  Failure to receive a school performance grade category
183	of "C" or better under the school grading system created under
184	s. 1008.34 for 2 school years in a 4-year period.
185	3.  Failure to meet generally accepted standards of fiscal
186	management.
187	4.  Violation of law.
188	5.  Failure of the Legislature to fund the K-8 Virtual
189	School Program.
190	6.  Other good cause shown.
191	(b)  During the term of a contract, the department may
192	terminate the contract on any of the grounds listed in paragraph
193	(a).
194	(c)  If a contract is not renewed or is terminated, the K-8
195	virtual school is responsible for all debts of the school.
196	(d)  If a contract is not renewed or is terminated, a
197	student who attended the school may apply to and shall be
198	enrolled in another public school.
199	(10)  RULES.--The State Board of Education shall adopt
200	rules under ss. 120.536(1) and 120.54 as may be necessary to
201	implement and administer this section.
202	Section 2.  This act shall take effect July 1, 2006.

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