HB 7067

1
A bill to be entitled
2An act relating to virtual instruction programs; amending
3s. 1000.04, F.S.; revising provisions relating to public
4K-12 schools to include school district virtual
5instruction programs; amending ss. 1002.20 and 1002.31,
6F.S.; conforming provisions to changes made by the act;
7creating s. 1002.45, F.S.; requiring a school district to
8provide students the option of participating in a virtual
9instruction program beginning with the 2009-2010 school
10year; providing a purpose; authorizing a school district
11to implement virtual instruction programs through
12district-operated programs or programs provided by
13contracted providers approved by the Department of
14Education; authorizing a school district to participate in
15multi-district contractual arrangements; authorizing a
16charter school to enter into a joint agreement for charter
17school students to participate in an approved district
18virtual instruction program; requiring contract providers
19to meet certain qualifications; providing an exemption
20from such qualifications for the Florida Virtual School
21and K-8 Virtual School Program providers; requiring each
22virtual instruction program operated or contracted by a
23school district to meet certain requirements; prohibiting
24a school district from increasing its enrollment in a
25virtual education program in excess of the prior year's
26enrollment unless the program achieves a certain
27performance grade under the school grading system;
28providing an exemption for such prohibition for the
29Florida Virtual School; specifying eligibility
30requirements for students to participate in a district
31virtual instruction program; specifying participation
32requirements for enrolled students; defining the term
33"full-time equivalent student"; providing that specified
34virtual instruction programs be funded through the Florida
35Education Finance Program; limiting virtual program
36instruction courses for students in grades 9 through 12;
37requiring participation in the statewide assessment
38program and education performance accountability system;
39requiring a school improvement plan or program termination
40under specified circumstances; exempting certain providers
41from the act; requiring school districts to include
42certain information about the Florida Virtual School in
43information provided to parents and students about the
44district's virtual instruction program; authorizing school
45districts to offer specified virtual instruction programs
46in the 2008-2009 school year; requiring the State Board of
47Education to adopt rules; amending s. 1003.01, F.S.;
48revising the definition of "core-curricula courses";
49amending s. 1011.61, F.S.; revising the definition of
50"full-time equivalent" student to conform to changes made
51by the act; providing an effective date.
52
53Be It Enacted by the Legislature of the State of Florida:
54
55     Section 1.  Subsection (1) of section 1000.04, Florida
56Statutes, is amended to read:
57     1000.04  Components for the delivery of public education
58within the Florida K-20 education system.--Florida's K-20
59education system provides for the delivery of public education
60through publicly supported and controlled K-12 schools,
61community colleges, state universities and other postsecondary
62educational institutions, other educational institutions, and
63other educational services as provided or authorized by the
64Constitution and laws of the state.
65     (1)  PUBLIC K-12 SCHOOLS.--The public K-12 schools include
66charter schools and consist of kindergarten classes; elementary,
67middle, and high school grades and special classes; school
68district virtual instruction programs; workforce education;
69career centers; adult, part-time, and evening schools, courses,
70or classes, as authorized by law to be operated under the
71control of district school boards; and lab schools operated
72under the control of state universities.
73     Section 2.  Paragraph (a) of subsection (6) of section
741002.20, Florida Statutes, is amended to read:
75     1002.20  K-12 student and parent rights.--Parents of public
76school students must receive accurate and timely information
77regarding their child's academic progress and must be informed
78of ways they can help their child to succeed in school. K-12
79students and their parents are afforded numerous statutory
80rights including, but not limited to, the following:
81     (6)  EDUCATIONAL CHOICE.--
82     (a)  Public school choices.--Parents of public school
83students may seek whatever public school choice options that are
84applicable to their students and are available to students in
85their school districts. These options may include controlled
86open enrollment, lab schools, school district virtual
87instruction programs, charter schools, charter technical career
88centers, magnet schools, alternative schools, special programs,
89advanced placement, dual enrollment, International
90Baccalaureate, International General Certificate of Secondary
91Education (pre-AICE), Advanced International Certificate of
92Education, early admissions, credit by examination or
93demonstration of competency, the New World School of the Arts,
94the Florida School for the Deaf and the Blind, and the Florida
95Virtual School. These options may also include the public school
96choice options of the Opportunity Scholarship Program and the
97McKay Scholarships for Students with Disabilities Program.
98     Section 3.  Subsections (2) and (8) of section 1002.31,
99Florida Statutes, are amended to read:
100     1002.31  Public school parental choice.--
101     (2)  Each district school board may offer controlled open
102enrollment within the public schools. The controlled open
103enrollment program shall be offered in addition to the existing
104choice programs such as virtual instruction programs, magnet
105schools, alternative schools, special programs, advanced
106placement, and dual enrollment.
107     (8)  Each district school board shall annually report the
108number of students applying for and attending the various types
109of public schools of choice in the district, including schools
110such as virtual instruction programs, magnet schools, and public
111charter schools, according to rules adopted by the State Board
112of Education.
113     Section 4.  Section 1002.45, Florida Statutes, is created
114to read:
115     1002.45  School district virtual instruction programs.--
116     (1)  PROGRAM.--
117     (a)  Beginning with the 2009-2010 school year, each school
118district shall provide eligible students within its boundaries
119the option of participating in a virtual instruction program.
120The purpose of the program is to make instruction available to
121students using online and distance learning technology in the
122nontraditional classroom. The program shall provide virtual
123instruction to full-time students enrolled in full-time virtual
124courses in kindergarten through grade 8 or in full-time or part-
125time virtual courses in grades 9 through 12 as authorized in
126paragraph (7)(c).
127     (b)  Each school district's virtual instruction program may
128consist of one or more schools that are operated by the district
129or by contracted providers approved by the Department of
130Education under subsection (2). School districts may participate
131in multi-district contractual arrangements, which may include
132contracts executed by a regional consortium for its member
133districts, to provide such programs.
134     (c)  A charter school may enter into a joint agreement with
135the school district in which it is located for the charter
136school's students to participate in an approved district virtual
137instruction program.
138     (2)  PROVIDER QUALIFICATIONS.--On or before March 1, 2009,
139and annually thereafter, the department shall provide school
140districts with a list of providers approved to offer virtual
141instruction. To be approved by the department, a contract
142provider must annually document that it:
143     (a)  Is nonsectarian in its programs, admission policies,
144employment practices, and operations;
145     (b)  Complies with the antidiscrimination provisions of s.
1461000.05;
147     (c)  Locates an administrative office or offices in this
148state, requires its administrative staff to be state residents,
149and requires all instructional staff members to be Florida-
150certified teachers;
151     (d)  Possesses prior, successful experience offering online
152courses to elementary, middle, or high school students;
153     (e)  Utilizes an instructional model that relies on
154certified teachers, not parents, to provide at least 85 percent
155of the instruction to the student;
156     (f)  Is accredited by the Commission on Colleges of the
157Southern Association of Colleges and Schools, the Middle States
158Association of Colleges and Schools, the North Central
159Association of Colleges and Schools, or the New England
160Association of Colleges and Schools; and
161     (g)  Complies with all requirements under this section.
162
163Notwithstanding this subsection, approved providers of virtual
164instruction shall include the Florida Virtual School established
165under s. 1002.37 and providers that operate under s. 1002.415.
166     (3)  SCHOOL DISTRICT VIRTUAL INSTRUCTION PROGRAM
167REQUIREMENTS.--Each virtual instruction program operated or
168contracted by a school district must:
169     (a)  Require all instructional staff to be certified
170professional educators under chapter 1012.
171     (b)  Conduct a background screening of all employees or
172contracted personnel, as required by s. 1012.32, using state and
173national criminal history records.
174     (c)  Align virtual course curriculum and course content to
175the Sunshine State Standards under s. 1003.41.
176     (d)  Offer instruction that is designed to enable a student
177to gain proficiency in each virtually delivered course of study.
178     (e)  Provide each student enrolled in the program with all
179the necessary instructional materials.
180     (f)  Provide, when appropriate, each household having a
181full-time student enrolled in the program with:
182     1.  All equipment necessary for participants in the school
183district virtual instruction program, including, but not limited
184to, a computer, computer monitor, and printer; and
185     2.  Access to or reimbursement for all Internet services
186necessary for online delivery of instruction.
187     (g)  Not require tuition or student registration fees.
188     (4)  PROGRAM CAPACITY; ENROLLMENT.--Beginning with the
1892010-2011 school year, except for courses offered by the Florida
190Virtual School under s. 1002.37, a school district may not
191increase the enrollment for its full-time virtual instruction
192program in excess of its prior school year enrollment unless the
193program for the previous school year is designated with a grade
194of "C," making satisfactory progress, or better under the school
195grading system provided in s. 1008.34.
196     (5)  STUDENT ELIGIBILITY.--Enrollment in a school district
197virtual instruction program is open to any student residing
198within the district's attendance area if the student meets at
199least one of the following conditions:
200     (a)  The student has spent the prior school year in
201attendance at a public school in this state and was enrolled and
202reported by a public school district for funding during the
203preceding October and February for purposes of the Florida
204Education Finance Program surveys.
205     (b)  The student is a dependent child of a member of the
206United States Armed Forces who was transferred within the last
20712 months to this state from another state or from a foreign
208country pursuant to the parent's permanent change of station
209orders.
210     (c)  The student was enrolled during the prior school year
211in a school district virtual instruction program under this
212section or a K-8 Virtual School Program under s. 1002.415.
213     (6)  STUDENT PARTICIPATION REQUIREMENTS.--Each student
214enrolled in a school district virtual instruction program must:
215     (a)  Comply with the compulsory attendance requirements of
216s. 1003.21. Student attendance must be verified by the school
217district.
218     (b)  Take state assessment tests within the school district
219in which such student resides, which must provide the student
220with access to the district's testing facilities.
221     (7)  FUNDING.--
222     (a)  For purposes of a district virtual instruction
223program, "full-time equivalent student" has the same meaning as
224provided in s. 1011.61(1)(c)1.b.(III) or (IV).
225     (b)  The school district shall report full-time equivalent
226students for the school district virtual instruction program and
227for a charter school's students who participate under paragraph
228(1)(c) to the department only in a manner prescribed by the
229department, and funding shall be provided through the Florida
230Education Finance Program.
231     (c)  Full-time or part-time school district virtual
232instruction program courses provided under this section for
233students in grades 9 through 12 are limited to Department of
234Juvenile Justice programs, dropout prevention programs, and
235career and vocational programs.
236     (8)  ASSESSMENT AND ACCOUNTABILITY.--
237     (a)  With the exception of the programs offered by the
238Florida Virtual School under s. 1002.37, each school district
239virtual instruction program must:
240     1.  Participate in the statewide assessment program under
241s. 1008.22 and in the state's education performance
242accountability system under s. 1008.31.
243     2.  Receive a school grade as provided in s. 1008.34. A
244school district virtual instruction program shall be considered
245a school under s. 1008.34 for purposes of this section,
246regardless of the number of individual providers participating
247in the district's program.
248     (b)  The performance of part-time students under paragraph
249(7)(c) shall not be included for purposes of school grading
250under subparagraph (a)2.; however, their performance shall be
251included for school grading purposes by the nonvirtual school
252providing the student's primary instruction.
253     (c)  A program that is designated with a grade of "D,"
254making less than satisfactory progress, or "F," failing to make
255adequate progress, must file a school improvement plan with the
256department for consultation to determine the causes for low
257performance and to develop a plan for correction and
258improvement.
259     (d)  The school district shall terminate its program,
260including all contracts with providers for such program, if the
261program receives a grade of "D," making less than satisfactory
262progress, or "F," failing to make adequate progress, for 2 years
263during any consecutive 4-year period. If a contract is not
264renewed or is terminated, the contracted provider is responsible
265for all debts of the program or school operated by the provider.
266(e)  A school district that terminates its program under
267paragraph (d) shall contract with a provider selected and
268approved by the department for the provision of virtual
269instruction until the school district receives approval from the
270department to operate a new school district virtual instruction
271program.
272     (9)  EXCEPTIONS.--A provider of digital or online content
273or curriculum that is used to supplement the instruction of
274students who are not enrolled in a virtual instruction program
275under this section is not required to meet the requirements of
276this section.
277     (10)  MARKETING.--Any information provided by a school
278district to parents and students regarding the school district's
279virtual instruction program must include information about
280opportunities available at, and the parent's and student's right
281to access courses offered by, the Florida Virtual School under
282s. 1002.37.
283     (11)  2008-2009 SCHOOL DISTRICT VIRTUAL INSTRUCTION
284PROGRAM.--For the 2008-2009 school year, each school district in
285the state may offer a school district virtual instruction
286program to provide full-time virtual courses in kindergarten
287through grade 8 or to provide full-time or part-time virtual
288courses in grades 9 through 12 as authorized in paragraph
289(7)(c). Such program may be operated or contracted as provided
290under paragraph (1)(b) and must comply with all requirements of
291this section, except that contracts under this subsection may
292only be issued for virtual courses in kindergarten through grade
2938 to providers operating under s. 1002.415 or for virtual
294courses in grades 9 through 12 as authorized under paragraph
295(7)(c) to providers who contracted with a regional consortium in
296the 2007-2008 school year to provide such services.
297     (12) RULES.--The State Board of Education shall adopt rules
298necessary to administer this section, including rules that
299prescribe school district and charter school reporting
300requirements.
301     Section 5.  Subsection (14) of section 1003.01, Florida
302Statutes, is amended to read:
303     1003.01  Definitions.--As used in this chapter, the term:
304     (14)  "Core-curricula courses" means courses defined by the
305Department of Education as mathematics, language arts/reading,
306science, social studies, foreign language, English for Speakers
307of Other Languages, exceptional student education, and courses
308taught in traditional self-contained elementary school
309classrooms. The term is limited in meaning and used for the sole
310purpose of designating classes that are subject to the maximum
311class size requirements established in s. 1, Art. IX of the
312State Constitution. This term does not include courses offered
313under ss. 1002.37, 1002.415, and 1002.45.
314     Section 6.  Paragraph (c) of subsection (1) of section
3151011.61, Florida Statutes, is amended to read:
316     1011.61  Definitions.--Notwithstanding the provisions of s.
3171000.21, the following terms are defined as follows for the
318purposes of the Florida Education Finance Program:
319     (1)  A "full-time equivalent student" in each program of
320the district is defined in terms of full-time students and part-
321time students as follows:
322     (c)1.  A "full-time equivalent student" is:
323     a.  A full-time student in any one of the programs listed
324in s. 1011.62(1)(c); or
325     b.  A combination of full-time or part-time students in any
326one of the programs listed in s. 1011.62(1)(c) which is the
327equivalent of one full-time student based on the following
328calculations:
329     (I)  A full-time student, except a postsecondary or adult
330student or a senior high school student enrolled in adult
331education when such courses are required for high school
332graduation, in a combination of programs listed in s.
3331011.62(1)(c) shall be a fraction of a full-time equivalent
334membership in each special program equal to the number of net
335hours per school year for which he or she is a member, divided
336by the appropriate number of hours set forth in subparagraph
337(a)1. or subparagraph (a)2. The difference between that fraction
338or sum of fractions and the maximum value as set forth in
339subsection (4) for each full-time student is presumed to be the
340balance of the student's time not spent in such special
341education programs and shall be recorded as time in the
342appropriate basic program.
343     (II)  A prekindergarten handicapped student shall meet the
344requirements specified for kindergarten students.
345     (III)  A full-time equivalent student for students in
346grades K-8 in a school district virtual instruction program as
347provided in s. 1002.45 shall consist of a student who has
348successfully completed a basic program listed in s.
3491011.62(1)(c)1.a. or b., and who is promoted to a higher grade
350level.
351     (IV)  A full-time equivalent student for students in grades
3529-12 in a school district virtual instruction program as
353provided in s. 1002.45 shall consist of six full credit
354completions in programs listed in s. 1011.62(1)(c)1. and 4.
355Credit completions can be a combination of either full credits
356or half credits.
357     (V)(III)  A Florida Virtual School full-time equivalent
358student shall consist of six full credit completions in the
359programs listed in s. 1011.62(1)(c)1. and 4. Credit completions
360can be a combination of either full credits or half credits.
361     2.  A student in membership in a program scheduled for more
362or less than 180 school days is a fraction of a full-time
363equivalent membership equal to the number of instructional hours
364in membership divided by the appropriate number of hours set
365forth in subparagraph (a)1.; however, for the purposes of this
366subparagraph, membership in programs scheduled for more than 180
367days is limited to students enrolled in juvenile justice
368education programs and the Florida Virtual School.
369
370The department shall determine and implement an equitable method
371of equivalent funding for experimental schools and for schools
372operating under emergency conditions, which schools have been
373approved by the department to operate for less than the minimum
374school day.
375     Section 7.  This act shall take effect July 1, 2008.


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