CS/HB 799

1	A bill to be entitled
2	An act relating to the K-8 Virtual School Program;
3	amending s. 1002.415, F.S.; providing a mission for the K-
4	8 Virtual School Program; revising eligibility
5	requirements for school participation and student
6	enrollment; providing for enrollment in a K-8 virtual
7	school of eligible students who submit timely applications
8	unless the number of applications exceeds the capacity of
9	a program; removing provisions relating to pilot K-8
10	virtual schools; revising funding for the K-8 Virtual
11	School Program to include a definition of "full-time
12	equivalent student"; providing reporting requirements;
13	establishing the district cost differential; providing for
14	funding from the General Appropriations Act and
15	authorizing schools to receive other funds; prohibiting a
16	school from increasing enrollment until it achieves a
17	specified performance grade category; providing an
18	effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Section 1002.415, Florida Statutes, is amended
23	to read:
24	1002.415  K-8 Virtual School Program.--
25	(1)  PROGRAM; MISSION.--
26	(a)  Subject to annual legislative appropriation, a
27	kindergarten through grade 8 virtual school program is
28	established within the Department of Education for the purpose
29	of making academic instruction available to full-time students
30	in kindergarten through grade 8 using on-line and distance
31	learning technology. The department shall use an application
32	process to select schools to deliver program instruction.
33	(b)  The mission of the K-8 Virtual School Program is to
34	provide students with technology-based educational opportunities
35	to gain the knowledge and skills necessary to succeed. The
36	school shall serve any student in the state who meets the
37	profile for success in this educational delivery context and
38	shall give priority to:
39	1.  Students who need access to K-8 courses in order to
40	meet their educational needs and goals in a home environment.
41	2.  Students seeking accelerated access to move at their
42	own pace in their educational progress.
43	(2)(1)  SCHOOL ELIGIBILITY.--
44	(a)  To be eligible to participate in the K-8 Virtual
45	School Program a school must:
46	1.  Be nonsectarian in its programs, admission policies,
47	employment practices, and operations;
48	2.  Comply with the antidiscrimination provisions of s.
49	1000.05;
50	3.  Participate in the state's school accountability system
51	created in s. 1008.31;
52	4.  Locate its administrative office in this state and
53	require its administrative and instructional staff members to be
54	state residents; and
55	5.  Require no tuition or student registration fee.
56	(b)  Schools applying to participate in the K-8 Virtual
57	School Program shall may be for-profit or nonprofit entities.
58	(3)(2)  APPLICATION.--
59	(a)  The Department of Education shall provide an
60	application form to be completed by each school seeking to
61	participate in the K-8 Virtual School Program. Initial
62	application forms must be made available in sufficient time to
63	enable schools to apply and be approved to participate in the K-
64	8 Virtual School Program by the beginning of the 2007-2008
65	school year. In addition to information that may be required by
66	the department, applicants must provide verification that:
67	1.  The applicant meets the eligibility criteria required
68	by this section;
69	2.  All members of the school's instructional staff are
70	certified professional educators under the provisions of chapter
71	1012; and
72	3.  All school employees have undergone background
73	screening as required by s. 1012.32.
74	(b)  In addition to a completed application form, each
75	applicant must provide the department with:
76	1.  A detailed plan describing how the school curriculum
77	and course content will conform to the Sunshine State Standards;
78	and
79	2.  An annual financial plan for each year of operation of
80	the school for a minimum of 3 years. The plan must contain
81	anticipated fund balances based on revenue projections, a
82	spending plan based on projected revenues and expenses, and a
83	description of controls that will safeguard finances and
84	projected enrollment trends.
85	(c)  The department must approve or deny a school's
86	participation in the K-8 Virtual School Program within 90 days
87	after receipt of an application.
88	(4)(3)  PARTICIPATING SCHOOLS.--
89	(a)  A school approved by the department to participate in
90	the K-8 Virtual School Program shall receive an initial 3-year
91	contract with the department to provide program services,
92	subject to annual department review and legislative
93	appropriation. Contract renewals may be for up to 5 years upon
94	agreement of both parties, contingent upon annual funding in the
95	General Appropriations Act.
96	(b)  A school approved to participate in the program is
97	deemed to be an independent virtual school providing, on behalf
98	of the state, a program of instruction that is full time, of 180
99	days' duration, and an on-line program of instruction to
100	students in kindergarten through grade 8.
101	(c)  A school approved to participate in the program must
102	provide each student enrolled in the virtual school with:
103	1.  All necessary instructional materials;
104	2.  All equipment, including, but not limited to, a
105	computer, computer monitor, and printer for each household that
106	has a student enrolled in the virtual school; and
107	3.  Access to or reimbursement for all Internet services
108	necessary for on-line delivery of instruction for each household
109	that has a student enrolled in the virtual school.
110	(d)  Except as provided in paragraph (7)(b), a K-8 virtual
111	school shall enroll an eligible student who meets the profile
112	for success in this educational delivery context and who submits
113	a timely application, prioritized in accordance with paragraph
114	(1)(b), unless the number of such applications exceeds the
115	capacity of a program. In such case, students who have submitted
116	such applications shall have an equal chance of being admitted
117	through a random selection process.
118	(4)  PILOT SCHOOLS.--
119	(a)  The two pilot K-8 virtual schools provided for in the
120	2005 General Appropriations Act may continue operation for the
121	entire 2006-2007 school year.
122	(b)  With the exception of the application and contracting
123	requirements, the pilot schools are subject to the provisions of
124	this section for the 2006-2007 school year.
125	(c)  Each pilot school must complete the application
126	requirements of this section and be approved by the department
127	in order to participate in the K-8 Virtual School Program beyond
128	the 2006-2007 school year.
129	(5)  STUDENT ELIGIBILITY.--
130	(a)  Enrollment in a each participating K-8 virtual school
131	is open to any K-8 student in this state who meets the profile
132	for success in this educational delivery context in accordance
133	with paragraph (1)(b) if the student meets at least one of the
134	following conditions:
135	1.  Spent the prior school year in attendance at a public
136	school in this state and was enrolled and reported by a public
137	school district for funding during the preceding October and
138	February for purposes of the Florida Education Finance Program
139	surveys;
140	2.  Was enrolled during the prior school year in a K-8
141	virtual school funded pursuant to this section or from funds
142	provided in the 2005 General Appropriations Act;
143	3.  Is eligible to enroll in kindergarten or the first
144	grade; or
145	4.  Has a sibling who is currently enrolled in a
146	participating K-8 virtual school and was enrolled at the end of
147	the prior school year.
148	(b)  Students enrolled in a K-8 virtual school are subject
149	to the compulsory attendance requirements of s. 1003.21. Student
150	attendance must be verified according to procedures of the
151	Department of Education.
152	(c)  Each student enrolled in a K-8 virtual school must
153	take state assessment tests within the student's school district
154	of residence, which must provide that student with access to the
155	district's testing facilities.
156	(6)  FUNDING.--
157	(a)  A "full-time equivalent student" for the K-8 Virtual
158	School Program shall be as defined in s. 1011.61(1)(c) and
159	reported under s. 1011.62(1)(c)1.a. and b. State funding for
160	each school participating in the K-8 Virtual School Program
161	shall be based on a total program enrollment and amount per
162	full-time equivalent student established annually in the General
163	Appropriations Act.
164	(b)  Full-time equivalent students for the K-8 Virtual
165	School Program shall be reported only by the K-8 virtual school
166	to the Department of Education in the manner prescribed by the
167	department and shall be funded through the Florida Education
168	Finance Program. School districts shall report full-time
169	equivalent student membership only for courses for which the
170	district provides the instruction. Upon proper documentation of
171	student enrollment, which must be reviewed and approved by the
172	department, payments shall be made to participating schools in
173	four equal payments no later than September 1, November 1,
174	February 1, and April 15 of each academic year. The initial
175	payment shall be made after the department verifies each
176	student's admission to the school, and subsequent payments shall
177	be made upon verification of the continued enrollment and
178	attendance of the student.
179	(c)  The district cost differential as provided in s.
180	1011.62(2) shall be established as 1.000.
181	(d)  A K-8 virtual school that participates in the K-8
182	Virtual School Program shall receive state funds as may be
183	provided in the General Appropriations Act.
184	(e)  In addition to the funds provided in the General
185	Appropriations Act, a K-8 virtual school may receive other funds
186	from grants and donations.
187	(7)  ASSESSMENT AND ACCOUNTABILITY.--
188	(a)  Each K-8 virtual school must participate in the
189	statewide assessment program created under s. 1008.22 and shall
190	be subject to the school grading system created by s. 1008.34.
191	(b)  A K-8 virtual school that has a performance grade
192	category of "D" or "F" must file a school improvement plan with
193	the department for consultation to determine the causes for low
194	performance and to develop a plan for correction and
195	improvement. Such a school may not increase its enrollment until
196	it achieves a performance grade category of "C" or better.
197	(c)  The department shall terminate the contract of any K-8
198	virtual school that receives a performance grade category of "D"
199	or "F" for 2 years during any consecutive 4-year period.
200	(8)  CAUSES FOR NONRENEWAL OR TERMINATION OF A CONTRACT.--
201	(a)  At the end of a contract with a K-8 virtual school,
202	the department may choose not to renew the contract for any of
203	the following grounds:
204	1.  Failure to participate in the state's education
205	accountability system created in s. 1008.31, as required in this
206	section;
207	2.  Failure to receive a school performance grade of "C" or
208	better under the school grading system created by s. 1008.34 for
209	any 2 years in a consecutive 4-year period;
210	3.  Failure to meet generally accepted standards of fiscal
211	management;
212	4.  Violation of law;
213	5.  Failure of the Legislature to fund the program; or
214	6.  Other good cause shown.
215	(b)  During the term of the contract, the department may
216	terminate the contract for any of the grounds listed in
217	paragraph (a).
218	(c)  If a contract is not renewed or is terminated, the K-8
219	virtual school is responsible for all debts of the school.
220	(d)  If a contract is not renewed or is terminated, a
221	student who attended the school must be allowed to be enrolled
222	in a public school in the county in which the student is a
223	resident.
224	(9)  RULES.--The State Board of Education shall adopt rules
225	under ss. 120.536(1) and 120.54 to administer this section.
226	Section 2.  This act shall take effect July 1, 2007.

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