| 1 | A bill to be entitled |
| 2 | An act relating to K-12 educational instruction; amending |
| 3 | s. 1002.33, F.S.; authorizing the formation of a virtual |
| 4 | charter school; providing requirements and exceptions for |
| 5 | a virtual charter school; amending s. 1002.37, F.S.; |
| 6 | defining "full-time equivalent student" for two grade |
| 7 | groupings for purposes of funding the Florida Virtual |
| 8 | School; amending s. 1002.41, F.S.; authorizing home |
| 9 | education students to enroll in virtual instruction |
| 10 | courses and courses offered in the school district; |
| 11 | requiring school districts to release to certain |
| 12 | organizations directory information on students enrolled |
| 13 | in home education programs; amending s. 1002.42, F.S.; |
| 14 | exempting a Florida-based nonpublic school that provides |
| 15 | education to K-12 students solely by distance education |
| 16 | methods and does not enroll or teach students at an on- |
| 17 | site location from requirements relating to attendance |
| 18 | records and reports, school-entry health examinations, and |
| 19 | student immunizations; amending s. 1002.45, F.S., relating |
| 20 | to school district virtual instruction programs; providing |
| 21 | for additional approved providers; revising requirements |
| 22 | for certified teachers in a virtual instruction program; |
| 23 | providing that a virtual instruction program may be part- |
| 24 | time; revising and adding requirements for a virtual |
| 25 | instruction program and approval of a program provider; |
| 26 | revising student eligibility and enrollment, reporting and |
| 27 | funding, and accountability requirements; requiring the |
| 28 | Department of Education and school districts to post on |
| 29 | the respective websites information relating to virtual |
| 30 | instruction programs; creating s. 1002.452, F.S.; defining |
| 31 | a virtual instruction course; authorizing students in |
| 32 | public schools to take virtual instruction courses while |
| 33 | enrolled full-time at a public school; providing for |
| 34 | credit and funding; amending s. 1003.428, F.S.; requiring |
| 35 | students to take an online course for high school |
| 36 | graduation; amending ss. 1006.28 and 1006.40, F.S.; |
| 37 | providing that instructional materials include computer |
| 38 | hardware; amending s. 1011.61, F.S.; revising the |
| 39 | definition of "full-time equivalent student" as it relates |
| 40 | to virtual instruction for purposes of the Florida |
| 41 | Education Finance Program; including students in a virtual |
| 42 | charter school or in a public school that offers virtual |
| 43 | instruction courses; requiring State Board of Education |
| 44 | rules; amending s. 1012.57, F.S.; authorizing the issuance |
| 45 | of an adjunct educator certificate to virtual instruction |
| 46 | educators; revising requirements for adjunct educator |
| 47 | certification; providing an effective date. |
| 48 |
|
| 49 | Be It Enacted by the Legislature of the State of Florida: |
| 50 |
|
| 51 | Section 1. Subsection (1) of section 1002.33, Florida |
| 52 | Statutes, is amended to read: |
| 53 | 1002.33 Charter schools.- |
| 54 | (1) AUTHORIZATION.-Charter schools shall be part of the |
| 55 | state's program of public education. All charter schools in |
| 56 | Florida are public schools. A charter school may be formed by |
| 57 | creating a new school or converting an existing public school to |
| 58 | charter status. A virtual charter school may be formed to |
| 59 | provide online instruction. The provider of online instruction |
| 60 | for a virtual charter school must follow the charter application |
| 61 | process specified in this section and serve students in the |
| 62 | school district in which the charter is granted. A virtual |
| 63 | charter school is not subject to or governed by the provisions |
| 64 | of this section that pertain to facilities or student |
| 65 | transportation. A public school may not use the term charter in |
| 66 | its name unless it has been approved under this section. |
| 67 | Section 2. Paragraph (a) of subsection (3) of section |
| 68 | 1002.37, Florida Statutes, is amended to read: |
| 69 | 1002.37 The Florida Virtual School.- |
| 70 | (3) Funding for the Florida Virtual School shall be |
| 71 | provided as follows: |
| 72 | (a)1. A "full-time equivalent student" for the Florida |
| 73 | Virtual School is one student in grades 9 through 12 who has |
| 74 | successfully completed six credits that shall count toward the |
| 75 | minimum number of credits required for high school graduation. A |
| 76 | student who completes less than six credits shall be a fraction |
| 77 | of a full-time equivalent student. Half-credit completions shall |
| 78 | be included in determining a full-time equivalent student. |
| 79 | Credit completed by a student in excess of the minimum required |
| 80 | for that student for high school graduation is not eligible for |
| 81 | funding. |
| 82 | 2. A "full-time equivalent student" for the Florida |
| 83 | Virtual School is one student in kindergarten through grade 8 |
| 84 | who has successfully completed six courses or the prescribed |
| 85 | level of content that counts toward promotion to the next grade. |
| 86 | A student who completes less than six courses or the prescribed |
| 87 | level of content shall be a fraction of a full-time equivalent |
| 88 | student. |
| 89 | Section 3. Subsections (4) through (9) of section 1002.41, |
| 90 | Florida Statutes, are renumbered as subsections (5) through |
| 91 | (10), respectively, and new subsections (4) and (11) are added |
| 92 | to that section to read: |
| 93 | 1002.41 Home education programs.- |
| 94 | (4) Home education students may enroll in courses offered |
| 95 | by the Florida Virtual School or a franchise of the Florida |
| 96 | Virtual School and in courses offered in the school district in |
| 97 | which the student resides. |
| 98 | (11) School districts shall release directory information |
| 99 | on students enrolled in home education programs to established |
| 100 | state home education organizations recognized by the Department |
| 101 | of Education that provide support and information to home |
| 102 | education families. |
| 103 | Section 4. Subsections (4), (5), and (6) of section |
| 104 | 1002.42, Florida Statutes, are amended to read: |
| 105 | 1002.42 Private schools.- |
| 106 | (4) ATTENDANCE RECORDS AND REPORTS.-All officials, |
| 107 | teachers, and other employees in parochial, religious, |
| 108 | denominational, and private schools, except a Florida-based |
| 109 | private school that provides education to K-12 students solely |
| 110 | by distance education methods, including virtual instruction or |
| 111 | correspondence courses, and does not enroll or teach students at |
| 112 | an on-site location in the state, shall keep and prepare records |
| 113 | in accordance with the provisions of s. 1003.23(2). |
| 114 | (5) SCHOOL-ENTRY HEALTH EXAMINATIONS.-The governing |
| 115 | authority of each private school, except a Florida-based private |
| 116 | school that provides education to K-12 students solely by |
| 117 | distance education methods, including virtual instruction or |
| 118 | correspondence courses, and does not enroll or teach students at |
| 119 | an on-site location in the state, shall require students to |
| 120 | present a certification of a school-entry health examination in |
| 121 | accordance with the provisions of s. 1003.22(1) and (2). |
| 122 | (6) IMMUNIZATIONS.-The governing authority of each private |
| 123 | school, except a Florida-based private school that provides |
| 124 | education to K-12 students solely by distance education methods, |
| 125 | including virtual instruction or correspondence courses, and |
| 126 | does not enroll or teach students at an on-site location in the |
| 127 | state, shall: |
| 128 | (a) Require students to present a certification of |
| 129 | immunization in accordance with the provisions of s. 1003.22(3)- |
| 130 | (11). |
| 131 | (b) Provide information on the importance of student |
| 132 | health and available immunizations and vaccinations, including, |
| 133 | but not limited to: |
| 134 | 1. A recommended immunization schedule in accordance with |
| 135 | United States Centers for Disease Control and Prevention |
| 136 | recommendations. |
| 137 | 2. Detailed information regarding the causes, symptoms, |
| 138 | and transmission of meningococcal disease and the availability, |
| 139 | effectiveness, known contraindications, and appropriate age for |
| 140 | the administration of any required or recommended vaccine |
| 141 | against meningococcal disease, in accordance with the |
| 142 | recommendations of the Advisory Committee on Immunization |
| 143 | Practices of the United States Centers for Disease Control and |
| 144 | Prevention. |
| 145 | Section 5. Section 1002.45, Florida Statutes, is amended |
| 146 | to read: |
| 147 | 1002.45 School district virtual instruction programs.- |
| 148 | (1) PROGRAM.- |
| 149 | (a) For purposes of this section, the term: |
| 150 | 1. "Approved provider" means a provider that is approved |
| 151 | by the Department of Education under subsection (2), the Florida |
| 152 | Virtual School, or a franchise of the Florida Virtual School, or |
| 153 | a school, including a charter school, or an organization that |
| 154 | enters into an agreement with the Florida Virtual School to |
| 155 | deliver a virtual instruction program. |
| 156 | 2. "Virtual instruction program" means a program of |
| 157 | instruction provided in an interactive learning environment |
| 158 | created through technology in which students are separated from |
| 159 | their teachers by time or space, or both, at least 25 percent of |
| 160 | the time and in which a certified teacher is responsible for |
| 161 | planning instruction, diagnosing learning needs, prescribing |
| 162 | content delivery, assessing student learning, reporting |
| 163 | outcomes, and evaluating the effects of instruction Florida- |
| 164 | certified teacher under chapter 1012 is responsible for at |
| 165 | least: |
| 166 | a. Fifty percent of the direct instruction to students in |
| 167 | kindergarten through grade 5; or |
| 168 | b. Eighty percent of the direct instruction to students in |
| 169 | grades 6 through 12. |
| 170 | (b) Beginning with the 2009-2010 school year, Each school |
| 171 | district shall provide eligible students within its boundaries |
| 172 | the option of participating in a virtual instruction program. |
| 173 | The purpose of the program is to make instruction available to |
| 174 | students using online and distance learning technology in the |
| 175 | nontraditional classroom. The program shall be: |
| 176 | 1. Full-time or part-time for students enrolled in |
| 177 | kindergarten through grade 12. |
| 178 | 2. Full-time or part-time for students enrolled in dropout |
| 179 | prevention and academic intervention programs under s. 1003.53 |
| 180 | or Department of Juvenile Justice education programs under s. |
| 181 | 1003.52 in grades 9 through 12. |
| 182 | (c) To provide students with the option of participating |
| 183 | in virtual instruction programs as required by paragraph (b), a |
| 184 | school district may: |
| 185 | 1. Contract with the Florida Virtual School or establish a |
| 186 | franchise of the Florida Virtual School for the provision of a |
| 187 | program under paragraph (b). Using this option is subject to the |
| 188 | requirements of this section and s. 1011.61(1)(c)1.b.(III) and |
| 189 | (IV). |
| 190 | 2. Contract with an approved provider under subsection (2) |
| 191 | for the provision of a full-time program under subparagraph |
| 192 | (b)1. or a full-time or part-time program under subparagraph |
| 193 | (b)2. |
| 194 | 3. Enter into an agreement with another school district to |
| 195 | allow the participation of its students in an approved virtual |
| 196 | instruction program provided by the other school district. The |
| 197 | agreement must indicate a process for the transfer of funds |
| 198 | required by paragraph (7)(b). |
| 199 |
|
| 200 | Contracts under subparagraph 1. or subparagraph 2. may include |
| 201 | multidistrict contractual arrangements that may be executed by a |
| 202 | regional consortium for its member districts. A multidistrict |
| 203 | contractual arrangement or an agreement under subparagraph 3. is |
| 204 | not subject to s. 1001.42(4)(d) and does not require the |
| 205 | participating school districts to be contiguous. |
| 206 | (d) A charter school may enter into a joint agreement with |
| 207 | the school district in which it is located for the charter |
| 208 | school's students to participate in the school district's |
| 209 | virtual instruction program. |
| 210 | (2) PROVIDER QUALIFICATIONS.- |
| 211 | (a) No later than October 31 of each year, the department |
| 212 | shall provide an application form to providers seeking to |
| 213 | operate a virtual instruction program. By March 1 each year, the |
| 214 | department shall annually provide school districts with a list |
| 215 | of providers approved to offer virtual instruction programs. To |
| 216 | be approved by the department, a provider must document that it: |
| 217 | 1. Is nonsectarian in its programs, admission policies, |
| 218 | employment practices, and operations; |
| 219 | 2. Complies with the antidiscrimination provisions of s. |
| 220 | 1000.05; |
| 221 | 3. Locates an administrative office or offices in this |
| 222 | state, requires its administrative staff to be state residents, |
| 223 | Requires all instructional staff to be state or nationally |
| 224 | certified educators Florida-certified teachers under chapter |
| 225 | 1012, and conducts background screenings for all |
| 226 | contracted personnel, as required by s. 1012.32, using state and |
| 227 | national criminal history records; |
| 228 | 4. Possesses prior, successful experience offering online |
| 229 | courses to elementary, middle, or high school students; and |
| 230 | 5. Is accredited by the Southern Association of Colleges |
| 231 | and Schools Council on Accreditation and School Improvement, the |
| 232 | North Central Association Commission on Accreditation and School |
| 233 | Improvement, the Middle States Association of Colleges and |
| 234 | Schools Commission on Elementary Schools and Commission on |
| 235 | Secondary Schools, the New England Association of Schools and |
| 236 | Colleges, the Northwest Association of Accredited Schools, the |
| 237 | Western Association of Schools and Colleges, or the Commission |
| 238 | on International and Trans-Regional Accreditation;. |
| 239 | 6. Has a detailed curriculum plan that illustrates how |
| 240 | students will be provided services to attain proficiency in the |
| 241 | Next Generation Sunshine State Standards; |
| 242 | 7. Has a method for determining that a student has |
| 243 | satisfied the requirements for graduation under s. 1003.428 or |
| 244 | s. 1003.429 if the contract is for the provision of a full-time |
| 245 | virtual instruction program to students in grades 9 through 12; |
| 246 | and |
| 247 | 8. Has provided to the department a parent handbook that |
| 248 | outlines parental participation and required responsibilities |
| 249 | for participation in the program. |
| 250 | (b) An approved provider shall retain its approved status |
| 251 | for a period of 3 years after the date of the department's |
| 252 | approval under paragraph (a) as long as the provider continues |
| 253 | to comply with all requirements of this section. |
| 254 | (3) SCHOOL DISTRICT VIRTUAL INSTRUCTION PROGRAM |
| 255 | REQUIREMENTS.-Each school district virtual instruction program |
| 256 | under this section must: |
| 257 | (a) Align virtual course curriculum and course content to |
| 258 | the Next Generation Sunshine State Standards under s. 1003.41. |
| 259 | (b) Offer instruction that is designed to enable a student |
| 260 | to gain proficiency in each virtually delivered course of study. |
| 261 | (c) Provide each student enrolled in the program with all |
| 262 | the necessary instructional materials. |
| 263 | (d) Provide to, when appropriate, each full-time student |
| 264 | enrolled in the program who meets the eligibility requirements |
| 265 | for free or reduced-priced lunch and who does not have a |
| 266 | computer or Internet access in his or her home with: |
| 267 | 1. All equipment necessary for participants in the school |
| 268 | district virtual instruction program, including, but not limited |
| 269 | to, a computer, computer monitor, and printer if a printer is |
| 270 | required to participate in the program; and |
| 271 | 2. Access to or reimbursement for all Internet services |
| 272 | necessary for online delivery of instruction. |
| 273 | (e) Not require tuition or student registration fees. |
| 274 | (f) Provide access to the district's testing facilities to |
| 275 | students enrolled in the virtual instruction program, a virtual |
| 276 | charter school, the Florida Virtual School, or a franchise of |
| 277 | the Florida Virtual School who are required or who choose to |
| 278 | participate in state assessments. |
| 279 | (4) CONTRACT REQUIREMENTS.-Each contract with an approved |
| 280 | provider must at minimum: |
| 281 | (a) Set forth a detailed curriculum plan that illustrates |
| 282 | how students will be provided services to attain proficiency in |
| 283 | the Sunshine State Standards. |
| 284 | (b) Provide a method for determining that a student has |
| 285 | satisfied the requirements for graduation in s. 1003.428, s. |
| 286 | 1003.429, or s. 1003.43 if the contract is for the provision of |
| 287 | a full-time virtual instruction program to students in grades 9 |
| 288 | through 12. |
| 289 | (a)(c) Specify a method for resolving conflicts among the |
| 290 | parties. |
| 291 | (b)(d) Specify authorized reasons for termination of the |
| 292 | contract. |
| 293 | (c)(e) Require the approved provider to be responsible for |
| 294 | all debts of the school district virtual instruction program if |
| 295 | the contract is not renewed or is terminated. |
| 296 | (d)(f) Require the approved provider to comply with all |
| 297 | requirements of this section. |
| 298 | (5) STUDENT ELIGIBILITY AND ENROLLMENT.- |
| 299 | (a) A student who is a resident of the state may enroll in |
| 300 | a virtual instruction program provided by the school district in |
| 301 | which he or she resides or in a virtual instruction program |
| 302 | provided by another school district that offers a program not |
| 303 | offered in his or her district of residence. |
| 304 | (b) Enrollment for the following school year shall be |
| 305 | permitted from April 1 through the day prior to the start of the |
| 306 | following school year. Enrollment during the current school year |
| 307 | shall be permitted through October 1 of that school year. if the |
| 308 | student meets at least one of the following conditions: |
| 309 | (a) The student has spent the prior school year in |
| 310 | attendance at a public school in this state and was enrolled and |
| 311 | reported by a public school district for funding during the |
| 312 | preceding October and February for purposes of the Florida |
| 313 | Education Finance Program surveys. |
| 314 | (b) The student is a dependent child of a member of the |
| 315 | United States Armed Forces who was transferred within the last |
| 316 | 12 months to this state from another state or from a foreign |
| 317 | country pursuant to the parent's permanent change of station |
| 318 | orders. |
| 319 | (c) The student was enrolled during the prior school year |
| 320 | in a school district virtual instruction program under this |
| 321 | section or a K-8 Virtual School Program under s. 1002.415. |
| 322 | (6) STUDENT PARTICIPATION REQUIREMENTS.-Each student |
| 323 | enrolled in a school district virtual instruction program must: |
| 324 | (a) Comply with the compulsory attendance requirements of |
| 325 | s. 1003.21. Student attendance must be verified by the school |
| 326 | district. |
| 327 | (b) Take state assessment tests within the school district |
| 328 | in which such student resides, which must provide the student |
| 329 | with access to the district's testing facilities. |
| 330 | (7) FUNDING.- |
| 331 | (a) For purposes of a school district virtual instruction |
| 332 | program, "full-time equivalent student" has the same meaning as |
| 333 | provided in s. 1011.61(1)(c)1.b.(III) or (IV). |
| 334 | (b) For a school district offering a virtual instruction |
| 335 | program through a contract with another school district pursuant |
| 336 | to subparagraph (1)(c)3., the school district in which the |
| 337 | student resides shall report full-time equivalent students for |
| 338 | the school district virtual instruction program to the |
| 339 | department in a manner prescribed by the department, and funding |
| 340 | shall be provided through the Florida Education Finance Program. |
| 341 | Funds received by the school district of residence for a student |
| 342 | in a virtual instruction program provided by another school |
| 343 | district under this section shall be transferred to the school |
| 344 | district providing the virtual instruction program. |
| 345 | (c) For a school district offering a virtual instruction |
| 346 | program pursuant to subparagraph (1)(c)1. or 2., the school |
| 347 | district providing the virtual instruction program to the |
| 348 | student, regardless of the student's district of residence, |
| 349 | shall report full-time equivalent students for the school |
| 350 | district virtual instruction program to the department in a |
| 351 | manner prescribed by the department, and funding shall be |
| 352 | provided through the Florida Education Finance Program. |
| 353 | (8) ASSESSMENT AND ACCOUNTABILITY.- |
| 354 | (a) Each approved provider contracted under this section |
| 355 | must: |
| 356 | 1. Participate in the statewide assessment program under |
| 357 | s. 1008.22 and in the state's education performance |
| 358 | accountability system under s. 1008.31. |
| 359 | 2. Receive a school grade under s. 1008.34 or a school |
| 360 | improvement rating under s. 1008.341, as applicable. The school |
| 361 | grade or school improvement rating received by each approved |
| 362 | provider shall be based upon the aggregated assessment scores of |
| 363 | all students served by the provider statewide. The department |
| 364 | shall publish the school grade or school improvement rating |
| 365 | received by each approved provider on its Internet website. |
| 366 | (b) The performance of part-time students in grades 9 |
| 367 | through 12 shall not be included for purposes of school grades |
| 368 | or school improvement ratings under subparagraph (a)2.; however, |
| 369 | their performance shall be included for school grading or school |
| 370 | improvement rating purposes by the nonvirtual school providing |
| 371 | the student's primary instruction. |
| 372 | (c) An approved provider that receives a school grade of |
| 373 | "D" or "F" under s. 1008.34 or a school improvement rating of |
| 374 | "Declining" under s. 1008.341 must file a school improvement |
| 375 | plan with the department for consultation to determine the |
| 376 | causes for low performance and to develop a plan for correction |
| 377 | and improvement. |
| 378 | (c)(d) An approved provider's contract must be terminated |
| 379 | if the provider receives a school grade of "D" or "F" under s. |
| 380 | 1008.34 or a school improvement rating of "Declining" under s. |
| 381 | 1008.341 for 2 years during any consecutive 4-year period. A |
| 382 | provider that has a contract terminated under this paragraph may |
| 383 | not be an approved provider for a period of at least 1 year |
| 384 | after the date upon which the contract was terminated and until |
| 385 | the department determines that the provider is in compliance |
| 386 | with subsection (2) and has corrected each cause of the |
| 387 | provider's low performance. |
| 388 | (9) EXCEPTIONS.-A provider of digital or online content or |
| 389 | curriculum that is used to supplement the instruction of |
| 390 | students who are not enrolled in a school district virtual |
| 391 | instruction program under this section is not required to meet |
| 392 | the requirements of this section. |
| 393 | (10) MARKETING.-The department shall post on its website |
| 394 | information for students on the virtual instruction programs |
| 395 | available in each school district. The posting must include |
| 396 | information on a student's right to participate in programs and |
| 397 | courses offered by a school district other than the one in which |
| 398 | the student resides. School districts shall differentiate |
| 399 | between a school district virtual instruction program, the |
| 400 | Florida Virtual School, a franchise of the Florida Virtual |
| 401 | School, and a home education program. Each school district shall |
| 402 | provide information annually to parents and students about the |
| 403 | parent's and student's right and the parent's responsibilities |
| 404 | to participate in a school district virtual instruction program |
| 405 | under this section and in courses offered by the Florida Virtual |
| 406 | School under s. 1002.37. A school district shall post on the |
| 407 | district's website information regarding online instruction |
| 408 | opportunities, including an online link to the websites of |
| 409 | approved providers. |
| 410 | (11) RULES.-The State Board of Education shall adopt rules |
| 411 | necessary to administer this section, including rules that |
| 412 | prescribe school district reporting requirements under |
| 413 | subsection (7). |
| 414 | (12) STUDY.-The department shall review the advisability |
| 415 | of legislatively authorizing school districts to contract with |
| 416 | approved private providers for the provision of part-time |
| 417 | virtual instruction programs for students in grades 9 through 12 |
| 418 | who are not enrolled in programs under ss. 1003.52 and 1003.53. |
| 419 | The department shall report its findings and recommendations to |
| 420 | the presiding officers of the Legislature and the Governor by |
| 421 | January 15, 2010. |
| 422 | Section 6. Section 1002.452, Florida Statutes, is created |
| 423 | to read: |
| 424 | 1002.452 Virtual instruction courses.- |
| 425 | (1) A virtual instruction course is a course of |
| 426 | instruction provided in an interactive learning environment |
| 427 | created through technology in which students are separated from |
| 428 | their teachers by time or space, or both, at least 25 percent of |
| 429 | the time and in which a certified teacher is responsible for |
| 430 | planning instruction, diagnosing learning needs, prescribing |
| 431 | content delivery, assessing student learning, reporting |
| 432 | outcomes, and evaluating the effects of instruction. |
| 433 | (2) Students attending K-12 public schools, including |
| 434 | charter schools, may take virtual instruction courses while |
| 435 | enrolled full-time at a public school. A virtual instruction |
| 436 | course taken by a student while enrolled in a public school |
| 437 | shall count toward academic credit and for purposes of |
| 438 | attendance as if the student took the course in a nonvirtual |
| 439 | setting. Funding to a public school, including a charter school, |
| 440 | for a student taking a virtual instruction course pursuant to |
| 441 | this section shall be as if the student were attending all |
| 442 | courses in a nonvirtual setting. |
| 443 | Section 7. Subsection (1) of section 1003.428, Florida |
| 444 | Statutes, is amended to read: |
| 445 | 1003.428 General requirements for high school graduation; |
| 446 | revised.- |
| 447 | (1) Except as otherwise authorized pursuant to s. |
| 448 | 1003.429, beginning with students entering their first year of |
| 449 | high school in the 2007-2008 school year, graduation requires |
| 450 | the successful completion of a minimum of 24 credits, an |
| 451 | International Baccalaureate curriculum, or an Advanced |
| 452 | International Certificate of Education curriculum. Students must |
| 453 | be advised of eligibility requirements for state scholarship |
| 454 | programs and postsecondary admissions. For students entering |
| 455 | their first year of high school in the 2010-2011 school year, at |
| 456 | least one of the minimum 24 credits shall be taken online. |
| 457 | However, an online course taken during grades 6 through 8 |
| 458 | fulfills this requirement. |
| 459 | Section 8. Subsection (1) of section 1006.28, Florida |
| 460 | Statutes, is amended to read: |
| 461 | 1006.28 Duties of district school board, district school |
| 462 | superintendent; and school principal regarding K-12 |
| 463 | instructional materials.- |
| 464 | (1) DISTRICT SCHOOL BOARD.-The district school board has |
| 465 | the duty to provide adequate instructional materials for all |
| 466 | students in accordance with the requirements of this part. The |
| 467 | term "adequate instructional materials" means a sufficient |
| 468 | number of textbooks or sets of materials that are available in |
| 469 | bound, unbound, kit, or package form and may consist of hard- |
| 470 | backed or soft-backed textbooks, consumables, learning |
| 471 | laboratories, manipulatives, electronic media, and computer |
| 472 | hardware, courseware, or software that serve as the basis for |
| 473 | instruction for each student in the core courses of mathematics, |
| 474 | language arts, social studies, science, reading, and literature, |
| 475 | except for instruction for which the school advisory council |
| 476 | approves the use of a program that does not include a textbook |
| 477 | as a major tool of instruction. The district school board has |
| 478 | the following specific duties: |
| 479 | (a) Courses of study; adoption.-Adopt courses of study for |
| 480 | use in the schools of the district. |
| 481 | (b) Textbooks.-Provide for proper requisitioning, |
| 482 | distribution, accounting, storage, care, and use of all |
| 483 | instructional materials furnished by the state and furnish such |
| 484 | other instructional materials as may be needed. The district |
| 485 | school board shall assure that instructional materials used in |
| 486 | the district are consistent with the district goals and |
| 487 | objectives and the curriculum frameworks adopted by rule of the |
| 488 | State Board of Education, as well as with the state and district |
| 489 | performance standards provided for in s. 1001.03(1). |
| 490 | (c) Other instructional materials.-Provide such other |
| 491 | teaching accessories and aids as are needed for the school |
| 492 | district's educational program. |
| 493 | (d) School library media services; establishment and |
| 494 | maintenance.-Establish and maintain a program of school library |
| 495 | media services for all public schools in the district, including |
| 496 | school library media centers, or school library media centers |
| 497 | open to the public, and, in addition such traveling or |
| 498 | circulating libraries as may be needed for the proper operation |
| 499 | of the district school system. |
| 500 | Section 9. Subsection (4) of section 1006.40, Florida |
| 501 | Statutes, is amended to read: |
| 502 | 1006.40 Use of instructional materials allocation; |
| 503 | instructional materials, library books, and reference books; |
| 504 | repair of books.- |
| 505 | (4) The funds described in subsection (3) which district |
| 506 | school boards may use to purchase materials not on the state- |
| 507 | adopted list shall be used for the purchase of instructional |
| 508 | materials or other items having intellectual content which |
| 509 | assist in the instruction of a subject or course. These items |
| 510 | may be available in bound, unbound, kit, or package form and may |
| 511 | consist of hardbacked or softbacked textbooks, replacements for |
| 512 | items which were part of previously purchased instructional |
| 513 | materials, consumables, learning laboratories, manipulatives, |
| 514 | electronic media, computer hardware, courseware, or software, |
| 515 | and other commonly accepted instructional tools as prescribed by |
| 516 | district school board rule. The funds available to district |
| 517 | school boards for the purchase of materials not on the state- |
| 518 | adopted list may not be used to purchase electronic or computer |
| 519 | hardware unless even if such hardware is bundled with software |
| 520 | or other electronic media, nor may such funds be used to |
| 521 | purchase equipment or supplies. However, when authorized to do |
| 522 | so in the General Appropriations Act, a school or district |
| 523 | school board may use a portion of the funds available to it for |
| 524 | the purchase of materials not on the state-adopted list to |
| 525 | purchase science laboratory materials and supplies. |
| 526 | Section 10. Subsection (1) of section 1011.61, Florida |
| 527 | Statutes, is amended to read: |
| 528 | 1011.61 Definitions.-Notwithstanding the provisions of s. |
| 529 | 1000.21, the following terms are defined as follows for the |
| 530 | purposes of the Florida Education Finance Program: |
| 531 | (1) A "full-time equivalent student" in each program of |
| 532 | the district is defined in terms of full-time students and part- |
| 533 | time students as follows: |
| 534 | (a) A "full-time student" is one student on the membership |
| 535 | roll of one school program or a combination of school programs |
| 536 | listed in s. 1011.62(1)(c) for the school year or the equivalent |
| 537 | for: |
| 538 | 1. Instruction in a standard school, comprising not less |
| 539 | than 900 net hours for a student in or at the grade level of 4 |
| 540 | through 12, or not less than 720 net hours for a student in or |
| 541 | at the grade level of kindergarten through grade 3 or in an |
| 542 | authorized prekindergarten exceptional program; |
| 543 | 2. Instruction in a double-session school or a school |
| 544 | utilizing an experimental school calendar approved by the |
| 545 | Department of Education, comprising not less than the equivalent |
| 546 | of 810 net hours in grades 4 through 12 or not less than 630 net |
| 547 | hours in kindergarten through grade 3; or |
| 548 | 3. Instruction comprising the appropriate number of net |
| 549 | hours set forth in subparagraph 1. or subparagraph 2. for |
| 550 | students who, within the past year, have moved with their |
| 551 | parents for the purpose of engaging in the farm labor or fish |
| 552 | industries, if a plan furnishing such an extended school day or |
| 553 | week, or a combination thereof, has been approved by the |
| 554 | commissioner. Such plan may be approved to accommodate the needs |
| 555 | of migrant students only or may serve all students in schools |
| 556 | having a high percentage of migrant students. The plan described |
| 557 | in this subparagraph is optional for any school district and is |
| 558 | not mandated by the state. |
| 559 | (b) A "part-time student" is a student on the active |
| 560 | membership roll of a school program or combination of school |
| 561 | programs listed in s. 1011.62(1)(c) who is less than a full-time |
| 562 | student. |
| 563 | (c)1. A "full-time equivalent student" is: |
| 564 | a. A full-time student in any one of the programs listed |
| 565 | in s. 1011.62(1)(c); or |
| 566 | b. A combination of full-time or part-time students in any |
| 567 | one of the programs listed in s. 1011.62(1)(c) which is the |
| 568 | equivalent of one full-time student based on the following |
| 569 | calculations: |
| 570 | (I) A full-time student, except a postsecondary or adult |
| 571 | student or a senior high school student enrolled in adult |
| 572 | education when such courses are required for high school |
| 573 | graduation, in a combination of programs listed in s. |
| 574 | 1011.62(1)(c) shall be a fraction of a full-time equivalent |
| 575 | membership in each special program equal to the number of net |
| 576 | hours per school year for which he or she is a member, divided |
| 577 | by the appropriate number of hours set forth in subparagraph |
| 578 | (a)1. or subparagraph (a)2. The difference between that fraction |
| 579 | or sum of fractions and the maximum value as set forth in |
| 580 | subsection (4) for each full-time student is presumed to be the |
| 581 | balance of the student's time not spent in such special |
| 582 | education programs and shall be recorded as time in the |
| 583 | appropriate basic program. |
| 584 | (II) A prekindergarten handicapped student shall meet the |
| 585 | requirements specified for kindergarten students. |
| 586 | (III) A full-time equivalent student for students in |
| 587 | kindergarten through grade 5 in a school district virtual |
| 588 | instruction program under s. 1002.45, in a virtual charter |
| 589 | school that offers full-time online instruction, or in a public |
| 590 | school, including a charter school, that offers virtual |
| 591 | instruction courses shall consist of a student who has |
| 592 | successfully completed six courses, or the prescribed level of |
| 593 | content, in a basic program listed in s. 1011.62(1)(c)1.a. or b. |
| 594 | or, and who is promoted to a higher grade level. A student who |
| 595 | completes less than six courses or the prescribed level of |
| 596 | content shall be calculated at a fraction of a full-time |
| 597 | equivalent student. The State Board of Education shall adopt |
| 598 | rules defining a fraction of a full-time equivalent for students |
| 599 | in kindergarten through grade 5 who are in a school district |
| 600 | virtual instruction program under s. 1002.45, in a virtual |
| 601 | charter school that offers full-time online instruction, or in a |
| 602 | public school, including a charter school, that offers virtual |
| 603 | instruction courses. |
| 604 | (IV) A full-time equivalent student for students in grades |
| 605 | 6 through 12 in a school district virtual instruction program |
| 606 | under s. 1002.45(1)(b)1. and 2., in a virtual charter school |
| 607 | that offers full-time online instruction, or in a public school, |
| 608 | including a charter school, that offers virtual instruction |
| 609 | courses shall consist of six full credit completions in programs |
| 610 | listed in s. 1011.62(1)(c)1.b. or c. and 3. Credit completions |
| 611 | can be a combination of either full credits or half credits. |
| 612 | (V) A Florida Virtual School full-time equivalent student |
| 613 | shall consist of six full credit completions in the programs |
| 614 | listed in s. 1011.62(1)(c)1.a. and b. for kindergarten grades 6 |
| 615 | through grade 8 and the programs listed in s. 1011.62(1)(c)1.c. |
| 616 | for grades 9 through 12. Credit completions can be a combination |
| 617 | of either full credits or half credits. |
| 618 | (VI) Each successfully completed credit earned under the |
| 619 | alternative high school course credit requirements authorized in |
| 620 | s. 1002.375, which is not reported as a portion of the 900 net |
| 621 | hours of instruction pursuant to subparagraph (1)(a)1., shall be |
| 622 | calculated as 1/6 FTE. |
| 623 | 2. A student in membership in a program scheduled for more |
| 624 | or less than 180 school days or the equivalent on an hourly |
| 625 | basis as specified by rules of the State Board of Education is a |
| 626 | fraction of a full-time equivalent membership equal to the |
| 627 | number of instructional hours in membership divided by the |
| 628 | appropriate number of hours set forth in subparagraph (a)1.; |
| 629 | however, for the purposes of this subparagraph, membership in |
| 630 | programs scheduled for more than 180 days is limited to students |
| 631 | enrolled in juvenile justice education programs and the Florida |
| 632 | Virtual School. |
| 633 |
|
| 634 | The department shall determine and implement an equitable method |
| 635 | of equivalent funding for experimental schools and for schools |
| 636 | operating under emergency conditions, which schools have been |
| 637 | approved by the department to operate for less than the minimum |
| 638 | school day. |
| 639 | Section 11. Section 1012.57, Florida Statutes, is amended |
| 640 | to read: |
| 641 | 1012.57 Certification of adjunct educators.- |
| 642 | (1) Notwithstanding the provisions of ss. 1012.32, |
| 643 | 1012.55, and 1012.56, or any other provision of law or rule to |
| 644 | the contrary, district school boards shall adopt rules to allow |
| 645 | for the issuance of an adjunct teaching certificate to any |
| 646 | applicant who fulfills the requirements of s. 1012.56(2)(a)-(f) |
| 647 | and (10) and who has expertise in the subject area to be taught. |
| 648 | An applicant shall be considered to have expertise in the |
| 649 | subject area to be taught if the applicant demonstrates |
| 650 | sufficient subject area mastery through passage of a subject |
| 651 | area test. The adjunct teaching certificate shall be used for |
| 652 | part-time teaching positions. |
| 653 | (2) This section shall The intent of this provision is to |
| 654 | allow: |
| 655 | (a) School districts to tap the wealth of talent and |
| 656 | expertise represented in Florida's citizens who may wish to |
| 657 | teach part-time in a Florida public school by permitting school |
| 658 | districts to issue adjunct certificates to qualified applicants. |
| 659 | (b) School districts to tap the wealth of talent and |
| 660 | expertise of individuals in state or out of state who may wish |
| 661 | to provide online instruction to Florida students by permitting |
| 662 | school districts to issue adjunct certificates to qualified |
| 663 | applicants. |
| 664 | (3) Adjunct certificateholders should be used as a |
| 665 | strategy to: |
| 666 | (a) Enhance the diversity of course offerings offered to |
| 667 | all Florida students; |
| 668 | (b) Provide rigorous course offerings for students in |
| 669 | subjects for which the demand does not require a full-time |
| 670 | educator; or |
| 671 | (c) Reduce the teacher shortage; thus, adjunct |
| 672 | certificateholders should supplement a school's instructional |
| 673 | staff, not supplant it. Each school principal shall assign an |
| 674 | experienced peer mentor to assist the adjunct teaching |
| 675 | certificateholder during the certificateholder's first year of |
| 676 | teaching, and an adjunct certificateholder may participate in a |
| 677 | district's new teacher training program. District school boards |
| 678 | shall provide the adjunct teaching certificateholder an |
| 679 | orientation in classroom management prior to assigning the |
| 680 | certificateholder to a school. |
| 681 | (4) Each adjunct teaching certificate is valid through the |
| 682 | term of the contract between the educator and the school |
| 683 | district for 5 school years and is renewable if the applicant |
| 684 | has received satisfactory performance evaluations during each |
| 685 | year of teaching under adjunct teaching certification. |
| 686 | (2) Individuals who are certified and employed under this |
| 687 | section shall have the same rights and protection of laws as |
| 688 | teachers certified under s. 1012.56. |
| 689 | Section 12. This act shall take effect July 1, 2010. |