Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1620
       
       
       
       
       
       
                                Barcode 906136                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  04/26/2011           .                                
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       The Committee on Budget (Flores) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 1002.321, Florida Statutes, is created
    6  to read:
    7         1002.321 Digital learning.—
    8         (1) DIGITAL LEARNING NOW ACT.—There is created the Digital
    9  Learning Now Act.
   10         (2) ELEMENTS OF HIGH-QUALITY DIGITAL LEARNING.—The
   11  Legislature finds that each student should have access to a
   12  high-quality digital learning environment that provides:
   13         (a) Access to digital learning.
   14         (b) Access to high-quality digital content and online
   15  courses.
   16         (c) Education that is customized to the needs of the
   17  student using digital content.
   18         (d) A means for the student to demonstrate competency in
   19  completed coursework.
   20         (e) High-quality digital content, instructional materials,
   21  and online and blended learning courses.
   22         (f) High-quality digital instruction and teachers.
   23         (g) Content and instruction that are evaluated on the
   24  metric of student learning.
   25         (h) The use of funding as an incentive for performance,
   26  options, and innovation.
   27         (i) Infrastructure that supports digital learning.
   28         (j) Online administration of state assessments.
   29         (3) DIGITAL PREPARATION.—Each student must graduate from
   30  high school having taken at least one online course, as provided
   31  in s. 1003.428.
   32         (4) CUSTOMIZED AND ACCELERATED LEARNING.—A school district
   33  must establish multiple opportunities for student participation
   34  in part-time and full-time kindergarten through grade 12 virtual
   35  instruction. Options include, but are not limited to:
   36         (a) School district operated part-time or full-time virtual
   37  instruction programs under s. 1002.45(1)(b) for kindergarten
   38  through grade 12 students enrolled in the school district. A
   39  full-time program shall operate under its own Master School
   40  Identification Number.
   41         (b) Florida Virtual School instructional services
   42  authorized under s. 1002.37.
   43         (c) Blended learning instruction provided by charter
   44  schools authorized under s. 1002.33.
   45         (d) Full-time virtual charter school instruction authorized
   46  under s. 1002.33.
   47         (e) Courses delivered in the traditional school setting by
   48  personnel providing direct instruction through a virtual
   49  environment or though a blended virtual and physical environment
   50  pursuant to s. 1003.498.
   51         (f) Virtual courses offered in the course code directory to
   52  students within the school district or to students in other
   53  school districts throughout the state pursuant to s. 1003.498.
   54         Section 2. Subsection (1), paragraph (a) of subsection (6),
   55  subsection (7), and paragraph (a) of subsection (20) of section
   56  1002.33, Florida Statutes, are amended, and paragraph (f) is
   57  added to subsection (17) of that section, to read:
   58         1002.33 Charter schools.—
   59         (1) AUTHORIZATION.—Charter schools shall be part of the
   60  state’s program of public education. All charter schools in
   61  Florida are public schools. A charter school may be formed by
   62  creating a new school or converting an existing public school to
   63  charter status. A charter school may operate a virtual charter
   64  school pursuant to s. 1002.45(1)(d) to provide full-time online
   65  instruction to eligible students, pursuant to s. 1002.455, in
   66  kindergarten through grade 12. A charter school must amend its
   67  charter or submit a new application pursuant to subsection (6)
   68  to become a virtual charter school. A virtual charter school is
   69  subject to the requirements of this section; however, a virtual
   70  charter school is exempt from subsections (18) and (19),
   71  subparagraphs (20)(a)2.-5., paragraph (20)(c), and s. 1003.03. A
   72  public school may not use the term charter in its name unless it
   73  has been approved under this section.
   74         (6) APPLICATION PROCESS AND REVIEW.—Charter school
   75  applications are subject to the following requirements:
   76         (a) A person or entity wishing to open a charter school
   77  shall prepare and submit an application on a model application
   78  form prepared by the Department of Education which:
   79         1. Demonstrates how the school will use the guiding
   80  principles and meet the statutorily defined purpose of a charter
   81  school.
   82         2. Provides a detailed curriculum plan that illustrates how
   83  students will be provided services to attain the Sunshine State
   84  Standards.
   85         3. Contains goals and objectives for improving student
   86  learning and measuring that improvement. These goals and
   87  objectives must indicate how much academic improvement students
   88  are expected to show each year, how success will be evaluated,
   89  and the specific results to be attained through instruction.
   90         4. Describes the reading curriculum and differentiated
   91  strategies that will be used for students reading at grade level
   92  or higher and a separate curriculum and strategies for students
   93  who are reading below grade level. A sponsor shall deny a
   94  charter if the school does not propose a reading curriculum that
   95  is consistent with effective teaching strategies that are
   96  grounded in scientifically based reading research.
   97         5. Contains an annual financial plan for each year
   98  requested by the charter for operation of the school for up to 5
   99  years. This plan must contain anticipated fund balances based on
  100  revenue projections, a spending plan based on projected revenues
  101  and expenses, and a description of controls that will safeguard
  102  finances and projected enrollment trends.
  103         6. Documents that the applicant has participated in the
  104  training required in subparagraph (f)2. A sponsor may require an
  105  applicant to provide additional information as an addendum to
  106  the charter school application described in this paragraph.
  107         7. For the establishment of a virtual charter school,
  108  documents that the applicant has contracted with a provider of
  109  virtual instruction services pursuant to s. 1002.45(1)(d).
  110         (7) CHARTER.—The major issues involving the operation of a
  111  charter school shall be considered in advance and written into
  112  the charter. The charter shall be signed by the governing board
  113  body of the charter school and the sponsor, following a public
  114  hearing to ensure community input.
  115         (a) The charter shall address and criteria for approval of
  116  the charter shall be based on:
  117         1. The school’s mission, the students to be served, and the
  118  ages and grades to be included.
  119         2. The focus of the curriculum, the instructional methods
  120  to be used, any distinctive instructional techniques to be
  121  employed, and identification and acquisition of appropriate
  122  technologies needed to improve educational and administrative
  123  performance which include a means for promoting safe, ethical,
  124  and appropriate uses of technology which comply with legal and
  125  professional standards.
  126         a. The charter shall ensure that reading is a primary focus
  127  of the curriculum and that resources are provided to identify
  128  and provide specialized instruction for students who are reading
  129  below grade level. The curriculum and instructional strategies
  130  for reading must be consistent with the Sunshine State Standards
  131  and grounded in scientifically based reading research.
  132         b. In order to provide students with access to diverse
  133  instructional delivery models, to facilitate the integration of
  134  technology within traditional classroom instruction, and to
  135  provide students with the skills they need to compete in the
  136  21st century economy, the Legislature encourages instructional
  137  methods for blended learning courses consisting of both
  138  traditional classroom and online instructional techniques.
  139  Charter schools may implement blended learning courses which
  140  combine traditional classroom instruction and virtual
  141  instruction. Students in a blended learning course must be full
  142  time students of the charter school and receive the online
  143  instruction in a classroom setting at the charter school.
  144  Instructional personnel certified pursuant to s. 1012.55 who
  145  provide virtual instruction for blended learning courses may be
  146  employees of the charter school or may be under contract to
  147  provide instructional services to charter school students. At a
  148  minimum, such instructional personnel must hold an active state
  149  or school district adjunct certification under s. 1012.57 for
  150  the subject area of the blended learning course. The funding and
  151  performance accountability requirements for blended learning
  152  courses are the same as those for traditional courses.
  153         3. The current incoming baseline standard of student
  154  academic achievement, the outcomes to be achieved, and the
  155  method of measurement that will be used. The criteria listed in
  156  this subparagraph shall include a detailed description of:
  157         a. How the baseline student academic achievement levels and
  158  prior rates of academic progress will be established.
  159         b. How these baseline rates will be compared to rates of
  160  academic progress achieved by these same students while
  161  attending the charter school.
  162         c. To the extent possible, how these rates of progress will
  163  be evaluated and compared with rates of progress of other
  164  closely comparable student populations.
  165  
  166  The district school board is required to provide academic
  167  student performance data to charter schools for each of their
  168  students coming from the district school system, as well as
  169  rates of academic progress of comparable student populations in
  170  the district school system.
  171         4. The methods used to identify the educational strengths
  172  and needs of students and how well educational goals and
  173  performance standards are met by students attending the charter
  174  school. The methods shall provide a means for the charter school
  175  to ensure accountability to its constituents by analyzing
  176  student performance data and by evaluating the effectiveness and
  177  efficiency of its major educational programs. Students in
  178  charter schools shall, at a minimum, participate in the
  179  statewide assessment program created under s. 1008.22.
  180         5. In secondary charter schools, a method for determining
  181  that a student has satisfied the requirements for graduation in
  182  s. 1003.43.
  183         6. A method for resolving conflicts between the governing
  184  board body of the charter school and the sponsor.
  185         7. The admissions procedures and dismissal procedures,
  186  including the school’s code of student conduct.
  187         8. The ways by which the school will achieve a
  188  racial/ethnic balance reflective of the community it serves or
  189  within the racial/ethnic range of other public schools in the
  190  same school district.
  191         9. The financial and administrative management of the
  192  school, including a reasonable demonstration of the professional
  193  experience or competence of those individuals or organizations
  194  applying to operate the charter school or those hired or
  195  retained to perform such professional services and the
  196  description of clearly delineated responsibilities and the
  197  policies and practices needed to effectively manage the charter
  198  school. A description of internal audit procedures and
  199  establishment of controls to ensure that financial resources are
  200  properly managed must be included. Both public sector and
  201  private sector professional experience shall be equally valid in
  202  such a consideration.
  203         10. The asset and liability projections required in the
  204  application which are incorporated into the charter and shall be
  205  compared with information provided in the annual report of the
  206  charter school.
  207         11. A description of procedures that identify various risks
  208  and provide for a comprehensive approach to reduce the impact of
  209  losses; plans to ensure the safety and security of students and
  210  staff; plans to identify, minimize, and protect others from
  211  violent or disruptive student behavior; and the manner in which
  212  the school will be insured, including whether or not the school
  213  will be required to have liability insurance, and, if so, the
  214  terms and conditions thereof and the amounts of coverage.
  215         12. The term of the charter which shall provide for
  216  cancellation of the charter if insufficient progress has been
  217  made in attaining the student achievement objectives of the
  218  charter and if it is not likely that such objectives can be
  219  achieved before expiration of the charter. The initial term of a
  220  charter shall be for 4 or 5 years. In order to facilitate access
  221  to long-term financial resources for charter school
  222  construction, charter schools that are operated by a
  223  municipality or other public entity as provided by law are
  224  eligible for up to a 15-year charter, subject to approval by the
  225  district school board. A charter lab school is eligible for a
  226  charter for a term of up to 15 years. In addition, to facilitate
  227  access to long-term financial resources for charter school
  228  construction, charter schools that are operated by a private,
  229  not-for-profit, s. 501(c)(3) status corporation are eligible for
  230  up to a 15-year charter, subject to approval by the district
  231  school board. Such long-term charters remain subject to annual
  232  review and may be terminated during the term of the charter, but
  233  only according to the provisions set forth in subsection (8).
  234         13. The facilities to be used and their location.
  235         14. The qualifications to be required of the teachers and
  236  the potential strategies used to recruit, hire, train, and
  237  retain qualified staff to achieve best value.
  238         15. The governance structure of the school, including the
  239  status of the charter school as a public or private employer as
  240  required in paragraph (12)(i).
  241         16. A timetable for implementing the charter which
  242  addresses the implementation of each element thereof and the
  243  date by which the charter shall be awarded in order to meet this
  244  timetable.
  245         17. In the case of an existing public school that is being
  246  converted to charter status, alternative arrangements for
  247  current students who choose not to attend the charter school and
  248  for current teachers who choose not to teach in the charter
  249  school after conversion in accordance with the existing
  250  collective bargaining agreement or district school board rule in
  251  the absence of a collective bargaining agreement. However,
  252  alternative arrangements shall not be required for current
  253  teachers who choose not to teach in a charter lab school, except
  254  as authorized by the employment policies of the state university
  255  which grants the charter to the lab school.
  256         18. Full disclosure of the identity of all relatives
  257  employed by the charter school who are related to the charter
  258  school owner, president, chairperson of the governing board of
  259  directors, superintendent, governing board member, principal,
  260  assistant principal, or any other person employed by the charter
  261  school who has equivalent decisionmaking authority. For the
  262  purpose of this subparagraph, the term “relative” means father,
  263  mother, son, daughter, brother, sister, uncle, aunt, first
  264  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  265  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  266  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  267  stepsister, half brother, or half sister.
  268         (b)1. A charter may be renewed provided that a program
  269  review demonstrates that the criteria in paragraph (a) have been
  270  successfully accomplished and that none of the grounds for
  271  nonrenewal established by paragraph (8)(a) has been documented.
  272  In order to facilitate long-term financing for charter school
  273  construction, charter schools operating for a minimum of 3 years
  274  and demonstrating exemplary academic programming and fiscal
  275  management are eligible for a 15-year charter renewal. Such
  276  long-term charter is subject to annual review and may be
  277  terminated during the term of the charter.
  278         2. The 15-year charter renewal that may be granted pursuant
  279  to subparagraph 1. shall be granted to a charter school that has
  280  received a school grade of “A” or “B” pursuant to s. 1008.34 in
  281  3 of the past 4 years and is not in a state of financial
  282  emergency or deficit position as defined by this section. Such
  283  long-term charter is subject to annual review and may be
  284  terminated during the term of the charter pursuant to subsection
  285  (8).
  286         (c) A charter may be modified during its initial term or
  287  any renewal term upon the recommendation of the sponsor or the
  288  charter school’s school governing board and the approval of both
  289  parties to the agreement.
  290         (d)1. Each charter school’s governing board must appoint a
  291  representative to facilitate parental involvement, provide
  292  access to information, assist parents and others with questions
  293  and concerns, and resolve disputes. The representative must
  294  reside in the school district in which the charter school is
  295  located and may be a governing board member, charter school
  296  employee, or individual contracted to represent the governing
  297  board. If the governing board oversees multiple charter schools
  298  in the same school district, a single representative may be
  299  appointed to serve all such schools. The representative’s
  300  contact information must be provided annually in writing to
  301  parents and posted prominently on the charter school’s website
  302  if a website is maintained by the school. The sponsor may not
  303  require that governing board members of the charter school
  304  reside in the school district in which the charter school is
  305  located if the charter school complies with this paragraph.
  306         2. Each charter school’s governing board must hold at least
  307  two public meetings per school year in the school district. The
  308  meetings must be noticed, open, and accessible to the public,
  309  and attendees must be provided an opportunity to receive
  310  information and provide input regarding the charter school’s
  311  operations. The appointed representative and charter school
  312  principal or director, or his or her equivalent, must be
  313  physically present at each meeting.
  314         (17) FUNDING.—Students enrolled in a charter school,
  315  regardless of the sponsorship, shall be funded as if they are in
  316  a basic program or a special program, the same as students
  317  enrolled in other public schools in the school district. Funding
  318  for a charter lab school shall be as provided in s. 1002.32.
  319         (f) Funding for a virtual charter school shall be as
  320  provided in s. 1002.45(7).
  321         (20) SERVICES.—
  322         (a)1. A sponsor shall provide certain administrative and
  323  educational services to charter schools. These services shall
  324  include contract management services; full-time equivalent and
  325  data reporting services; exceptional student education
  326  administration services; services related to eligibility and
  327  reporting duties required to ensure that school lunch services
  328  under the federal lunch program, consistent with the needs of
  329  the charter school, are provided by the school district at the
  330  request of the charter school, that any funds due to the charter
  331  school under the federal lunch program be paid to the charter
  332  school as soon as the charter school begins serving food under
  333  the federal lunch program, and that the charter school is paid
  334  at the same time and in the same manner under the federal lunch
  335  program as other public schools serviced by the sponsor or the
  336  school district; test administration services, including payment
  337  of the costs of state-required or district-required student
  338  assessments; processing of teacher certificate data services;
  339  and information services, including equal access to student
  340  information systems that are used by public schools in the
  341  district in which the charter school is located. Student
  342  performance data for each student in a charter school,
  343  including, but not limited to, FCAT scores, standardized test
  344  scores, previous public school student report cards, and student
  345  performance measures, shall be provided by the sponsor to a
  346  charter school in the same manner provided to other public
  347  schools in the district.
  348         2. A total administrative fee for the provision of such
  349  services shall be calculated based upon up to 5 percent of the
  350  available funds defined in paragraph (17)(b) for all students.
  351  However, a sponsor may only withhold up to a 5-percent
  352  administrative fee for enrollment for up to and including 250
  353  students. For charter schools with a population of 251 or more
  354  students, the difference between the total administrative fee
  355  calculation and the amount of the administrative fee withheld
  356  may only be used for capital outlay purposes specified in s.
  357  1013.62(2).
  358         3. In addition, a sponsor may withhold only up to a 5
  359  percent administrative fee for enrollment for up to and
  360  including 500 students within a system of charter schools which
  361  meets all of the following:
  362         a. Includes both conversion charter schools and
  363  nonconversion charter schools;
  364         b. Has all schools located in the same county;
  365         c. Has a total enrollment exceeding the total enrollment of
  366  at least one school district in the state;
  367         d. Has the same governing board; and
  368         e. Does not contract with a for-profit service provider for
  369  management of school operations.
  370         4. The difference between the total administrative fee
  371  calculation and the amount of the administrative fee withheld
  372  pursuant to subparagraph 3. may be used for instructional and
  373  administrative purposes as well as for capital outlay purposes
  374  specified in s. 1013.62(2).
  375         5. Each charter school shall receive 100 percent of the
  376  funds awarded to that school pursuant to s. 1012.225. Sponsors
  377  shall not charge charter schools any additional fees or
  378  surcharges for administrative and educational services in
  379  addition to the maximum 5-percent administrative fee withheld
  380  pursuant to this paragraph.
  381         6. The sponsor of a virtual charter school may withhold a
  382  fee of up to 5 percent. The funds shall be used to cover the
  383  cost of services provided under subparagraph 1. and for the
  384  school district’s local instructional improvement system
  385  pursuant to s. 1006.281 or other technological tools that are
  386  required to access electronic and digital instructional
  387  materials.
  388         Section 3. Paragraph (a) of subsection (3) of section
  389  1002.37, Florida Statutes, is amended, and subsections (8), (9),
  390  (10), and (11) are added to that section, to read:
  391         1002.37 The Florida Virtual School.—
  392         (3) Funding for the Florida Virtual School shall be
  393  provided as follows:
  394         (a)1. For a student in grades 9 through 12, a “full-time
  395  equivalent student” for the Florida Virtual School is one
  396  student who has successfully completed six full-credit courses
  397  credits that shall count toward the minimum number of credits
  398  required for high school graduation. A student who completes
  399  fewer less than six full-credit courses is credits shall be a
  400  fraction of a full-time equivalent student. Half-credit course
  401  completions shall be included in determining a full-time
  402  equivalent student. Credit completed by a student in excess of
  403  the minimum required for that student for high school graduation
  404  is not eligible for funding.
  405         2. For a student in kindergarten through grade 8, a “full
  406  time equivalent student” is one student who has successfully
  407  completed six courses or the prescribed level of content that
  408  counts toward promotion to the next grade. A student who
  409  completes fewer than six courses or the prescribed level of
  410  content shall be a fraction of a full-time equivalent student.
  411         3. Beginning in the 2014-2015 fiscal year, when s.
  412  1008.22(3)(g) is implemented, the reported full-time equivalent
  413  students and associated funding of students enrolled in courses
  414  requiring passage of an end-of-course assessment shall be
  415  adjusted after the student completes the end-of-course
  416  assessment. However, no adjustment shall be made for home
  417  education program students who choose not to take an end-of
  418  course assessment.
  419  
  420  For purposes of this paragraph, the calculation of “full-time
  421  equivalent student” shall be as prescribed in s.
  422  1011.61(1)(c)1.b.(V).
  423         (8)(a) The Florida Virtual School may provide full-time
  424  instruction for students in kindergarten through grade 12 and
  425  part-time instruction for students in grades 4 through 12. To
  426  receive full-time instruction in grades 2 through 5, a student
  427  must meet at least one of the eligibility criteria in s.
  428  1002.455(2). Part-time instruction for grades 4 and 5 may be
  429  provided only to public school students taking grade 6 through
  430  grade 8 courses.
  431         (b) For students receiving part-time instruction in grades
  432  4 and 5 and students receiving full-time instruction in
  433  kindergarten through grade 12 from the Florida Virtual School,
  434  the combined total of all FTE reported by both the school
  435  district and the Florida Virtual School may not exceed 1.0 FTE.
  436         (9) Each elementary school principal must notify the parent
  437  of each student who scores at Level 4 or Level 5 on FCAT Reading
  438  or FCAT Mathematics of the option for the student to take
  439  accelerated courses through the Florida Virtual School.
  440         (10)(a) Public school students receiving full-time
  441  instruction in kindergarten through grade 12 by the Florida
  442  Virtual School must take all statewide assessments required
  443  pursuant to s. 1008.22.
  444         (b) Public school students receiving part-time instruction
  445  by the Florida Virtual School in courses requiring statewide
  446  end-of-course assessments must take all statewide end-of-course
  447  assessments required pursuant to s. 1008.22(3)(c)2.
  448         (c) All statewide assessments must be taken within the
  449  school district in which the student resides. A school district
  450  must provide the student with access to the district’s testing
  451  facilities.
  452         (11) The Florida Virtual School shall receive a school
  453  grade pursuant to s. 1008.34 for students receiving full-time
  454  instruction.
  455         Section 4. Section 1002.45, Florida Statutes, is amended to
  456  read:
  457         1002.45 School district Virtual instruction programs.—
  458         (1) PROGRAM.—
  459         (a) For purposes of this section, the term:
  460         1. “Approved provider” means a provider that is approved by
  461  the Department of Education under subsection (2), the Florida
  462  Virtual School, a franchise of the Florida Virtual School, or a
  463  community college.
  464         2. “Virtual instruction program” means a program of
  465  instruction provided in an interactive learning environment
  466  created through technology in which students are separated from
  467  their teachers by time or space, or both, and in which a
  468  Florida-certified teacher under chapter 1012 is responsible for
  469  at least:
  470         a. Fifty percent of the direct instruction to students in
  471  kindergarten through grade 5; or
  472         b. Eighty percent of the direct instruction to students in
  473  grades 6 through 12.
  474         (b) Beginning with the 2009-2010 school year, Each school
  475  district that is eligible for the sparsity supplement pursuant
  476  to s. 1011.62(7) shall provide all enrolled public school
  477  eligible students within its boundaries the option of
  478  participating in part-time and full-time a virtual instruction
  479  programs. Each school district that is not eligible for the
  480  sparsity supplement shall provide at least three options for
  481  part-time and full-time virtual instruction. All school
  482  districts must provide parents with timely written notification
  483  of an open enrollment period for full-time students of at least
  484  90 days that ends no later than 30 days prior to the first day
  485  of the school year program. The purpose of the program is to
  486  make quality virtual instruction available to students using
  487  online and distance learning technology in the nontraditional
  488  classroom. A school district virtual instruction The program
  489  shall provide the following be:
  490         1. Full-time virtual instruction for students enrolled in
  491  kindergarten through grade 12.
  492         2. Full-time or Part-time virtual instruction for students
  493  enrolled in grades 9 through 12 courses that are measured
  494  pursuant to subparagraph (8)(a)2.
  495         3. Full-time or part-time virtual instruction for students
  496  who are enrolled in dropout prevention and academic intervention
  497  programs under s. 1003.53, Department of Juvenile Justice
  498  education programs under s. 1003.52, core-curricula courses to
  499  meet class size requirements under s. 1003.03, or community
  500  colleges under this section.
  501         (c) To provide students with the option of participating in
  502  virtual instruction programs as required by paragraph (b), a
  503  school district may:
  504         1. Contract with the Florida Virtual School or establish a
  505  franchise of the Florida Virtual School for the provision of a
  506  program under paragraph (b). Using this option is subject to the
  507  requirements of this section and s. 1011.61(1)(c)1.b.(III) and
  508  (IV).
  509         2. Contract with an approved provider under subsection (2)
  510  for the provision of a full-time program under subparagraph
  511  (b)1. or subparagraph (b)3. or a full-time or part-time program
  512  under subparagraph (b)2. or subparagraph (b)3.
  513         3. Enter into an agreement with other another school
  514  districts district to allow the participation of its students in
  515  an approved virtual instruction program provided by the other
  516  school district. The agreement must indicate a process for the
  517  transfer of funds required by paragraph (7)(f)(b).
  518         4. Establish school district operated part-time or full
  519  time kindergarten through grade 12 virtual instruction programs
  520  under paragraph (b) for students enrolled in the school
  521  district. A full-time program shall operate under its own Master
  522  School Identification Number.
  523         5. Enter into an agreement with a virtual charter school
  524  authorized by the school district under s. 1002.33.
  525  
  526  Contracts under subparagraph 1. or subparagraph 2. may include
  527  multidistrict contractual arrangements that may be executed by a
  528  regional consortium for its member districts. A multidistrict
  529  contractual arrangement or an agreement under subparagraph 3. is
  530  not subject to s. 1001.42(4)(d) and does not require the
  531  participating school districts to be contiguous. These
  532  arrangements may be used to fulfill the requirements of
  533  paragraph (b).
  534         (d) A virtual charter school may provide full-time virtual
  535  instruction for students in kindergarten through grade 12 if the
  536  virtual charter school has a charter approved pursuant to s.
  537  1002.33 authorizing full-time virtual instruction. A virtual
  538  charter school may:
  539         1. Contract with the Florida Virtual School.
  540         2. Contract with an approved provider under subsection (2).
  541         3. Enter into an a joint agreement with a the school
  542  district to allow the participation of in which it is located
  543  for the virtual charter school’s students to participate in the
  544  school district’s virtual instruction program. The agreement
  545  must indicate a process for reporting of student enrollment and
  546  the transfer of funds required by paragraph (7)(f).
  547         (e) Each school district shall:
  548         1. Provide to the department by October 1, 2011, and by
  549  each October 1 thereafter, a copy of each contract and the
  550  amounts paid per unweighted full-time equivalent student for
  551  services procured pursuant to subparagraphs (c)1. and 2.
  552         2. Expend the difference in funds provided for a student
  553  participating in the school district virtual instruction program
  554  pursuant to subsection (7) and the price paid for contracted
  555  services procured pursuant to subparagraphs (c)1. and 2. for the
  556  district’s local instructional improvement system pursuant to s.
  557  1006.281 or other technological tools that are required to
  558  access electronic and digital instructional materials.
  559         3. At the end of each fiscal year, but no later than
  560  September 1, report to the department an itemized list of the
  561  technological tools purchased with these funds.
  562         (2) PROVIDER QUALIFICATIONS.—
  563         (a) The department shall annually publish online provide
  564  school districts with a list of providers approved to offer
  565  virtual instruction programs. To be approved by the department,
  566  a provider must document that it:
  567         1. Is nonsectarian in its programs, admission policies,
  568  employment practices, and operations;
  569         2. Complies with the antidiscrimination provisions of s.
  570  1000.05;
  571         3. Locates an administrative office or offices in this
  572  state, requires its administrative staff to be state residents,
  573  requires all instructional staff to be Florida-certified
  574  teachers under chapter 1012, and conducts background screenings
  575  for all employees or contracted personnel, as required by s.
  576  1012.32, using state and national criminal history records;
  577         4. Possesses prior, successful experience offering online
  578  courses to elementary, middle, or high school students as
  579  demonstrated by quantified student learning gains in each
  580  subject area and grade level provided for consideration as an
  581  instructional program option;
  582         5. Is accredited by a regional accrediting association as
  583  defined by State Board of Education rule; the Southern
  584  Association of Colleges and Schools Council on Accreditation and
  585  School Improvement, the North Central Association Commission on
  586  Accreditation and School Improvement, the Middle States
  587  Association of Colleges and Schools Commission on Elementary
  588  Schools and Commission on Secondary Schools, the New England
  589  Association of Schools and Colleges, the Northwest Association
  590  of Accredited Schools, the Western Association of Schools and
  591  Colleges, or the Commission on International and Trans-Regional
  592  Accreditation; and
  593         6. Ensures instructional and curricular quality through a
  594  detailed curriculum and student performance accountability plan
  595  that addresses every subject and grade level it intends to
  596  provide through contract with the school district, including:
  597         a. Courses and programs that meet the standards of the
  598  International Association for K-12 Online Learning and the
  599  Southern Regional Education Board.
  600         b. Instructional content and services that align with, and
  601  measure student attainment of, student proficiency in the Next
  602  Generation Sunshine State Standards.
  603         c. Mechanisms that determine and ensure that a student has
  604  satisfied requirements for grade level promotion and high school
  605  graduation with a standard diploma, as appropriate;
  606         7. Publishes for the general public, in accordance with
  607  disclosure requirements adopted in rule by the State Board of
  608  Education, as part of its application as a provider and in all
  609  contracts negotiated pursuant to this section:
  610         a. Information and data about the curriculum of each full
  611  time and part-time program.
  612         b. School policies and procedures.
  613         c. Certification status and physical location of all
  614  administrative and instructional personnel.
  615         d. Hours and times of availability of instructional
  616  personnel.
  617         e. Student-teacher ratios.
  618         f. Student completion and promotion rates.
  619         g. Student, educator, and school performance accountability
  620  outcomes; and
  621         8.6. If the provider is a community college, employs
  622  instructors who meet the certification requirements for
  623  instructional staff under chapter 1012.
  624         (b) An approved provider shall retain its approved status
  625  during the for a period of 3 school years after the date of the
  626  department’s approval under paragraph (a) as long as the
  627  provider continues to comply with all requirements of this
  628  section. However, each provider approved by the department for
  629  the 2011-2012 school year must reapply for approval to provide a
  630  part-time program for students in grades 9 through 12.
  631         (3) SCHOOL DISTRICT VIRTUAL INSTRUCTION PROGRAM
  632  REQUIREMENTS.—Each school district virtual instruction program
  633  under this section must:
  634         (a) Align virtual course curriculum and course content to
  635  the Sunshine State Standards under s. 1003.41.
  636         (b) Offer instruction that is designed to enable a student
  637  to gain proficiency in each virtually delivered course of study.
  638         (c) Provide each student enrolled in the program with all
  639  the necessary instructional materials.
  640         (d) Provide, when appropriate, each full-time student
  641  enrolled in the program who qualifies for free or reduced-price
  642  school lunches under the National School Lunch Act, or who is on
  643  the direct certification list, and who does not have a computer
  644  or Internet access in his or her home with:
  645         1. All equipment necessary for participants in the school
  646  district virtual instruction program, including, but not limited
  647  to, a computer, computer monitor, and printer, if a printer is
  648  necessary to participate in the program; and
  649         2. Access to or reimbursement for all Internet services
  650  necessary for online delivery of instruction.
  651         (e) Not require tuition or student registration fees.
  652         (4) CONTRACT REQUIREMENTS.—Each contract with an approved
  653  provider must at minimum:
  654         (a) Set forth a detailed curriculum plan that illustrates
  655  how students will be provided services and be measured for
  656  attainment of to attain proficiency in the Next Generation
  657  Sunshine State Standards for each grade level and subject.
  658         (b) Provide a method for determining that a student has
  659  satisfied the requirements for graduation in s. 1003.428, s.
  660  1003.429, or s. 1003.43 if the contract is for the provision of
  661  a full-time virtual instruction program to students in grades 9
  662  through 12.
  663         (c) Specify a method for resolving conflicts among the
  664  parties.
  665         (d) Specify authorized reasons for termination of the
  666  contract.
  667         (e) Require the approved provider to be responsible for all
  668  debts of the school district virtual instruction program if the
  669  contract is not renewed or is terminated.
  670         (f) Require the approved provider to comply with all
  671  requirements of this section.
  672         (5) STUDENT ELIGIBILITY.—A student may enroll in a virtual
  673  instruction program provided by the school district or by a
  674  virtual charter school operated in the district in which he or
  675  she resides if the student meets eligibility requirements for
  676  virtual instruction pursuant to s. 1002.455. at least one of the
  677  following conditions:
  678         (a) The student has spent the prior school year in
  679  attendance at a public school in this state and was enrolled and
  680  reported by a public school district for funding during the
  681  preceding October and February for purposes of the Florida
  682  Education Finance Program surveys.
  683         (b) The student is a dependent child of a member of the
  684  United States Armed Forces who was transferred within the last
  685  12 months to this state from another state or from a foreign
  686  country pursuant to the parent’s permanent change of station
  687  orders.
  688         (c) The student was enrolled during the prior school year
  689  in a school district virtual instruction program under this
  690  section or a K-8 Virtual School Program under s. 1002.415.
  691         (d) The student has a sibling who is currently enrolled in
  692  a school district virtual instruction program and that sibling
  693  was enrolled in such program at the end of the prior school
  694  year.
  695         (6) STUDENT PARTICIPATION REQUIREMENTS.—Each student
  696  enrolled in a school district virtual instruction program or
  697  virtual charter school must:
  698         (a) Comply with the compulsory attendance requirements of
  699  s. 1003.21. Student attendance must be verified by the school
  700  district.
  701         (b) Take state assessment tests within the school district
  702  in which such student resides, which must provide the student
  703  with access to the district’s testing facilities.
  704         (7) VIRTUAL INSTRUCTION PROGRAM AND VIRTUAL CHARTER SCHOOL
  705  FUNDING.—
  706         (a) Students enrolled in a virtual instruction program or a
  707  virtual charter school shall be funded through the Florida
  708  Education Finance Program as provided in the General
  709  Appropriations Act. However, such funds may not be provided for
  710  the purpose of fulfilling the class size requirements in ss.
  711  1003.03 and 1011.685.
  712         (b) For purposes of a school district virtual instruction
  713  program or a virtual charter school, “full-time equivalent
  714  student” has the same meaning as provided in s.
  715  1011.61(1)(c)1.b.(III) or (IV).
  716         (c) For a student enrolled part-time in a grades 6 through
  717  12 program, a “full-time equivalent student” has the same
  718  meaning as provided in s. 1011.61(1)(c)1.b.(IV).
  719         (d) A student may not be reported as more than 1.0 full
  720  time equivalent student in any given school year.
  721         (e) Beginning in the 2014-2015 fiscal year, when s.
  722  1008.22(3)(g) is implemented, the reported full-time equivalent
  723  students and associated funding of students enrolled in courses
  724  requiring passage of an end-of-course assessment shall be
  725  adjusted after the student completes the end-of-course
  726  assessment.
  727         (f)(b) The school district in which the student resides
  728  shall report full-time equivalent students for a the school
  729  district virtual instruction program or a virtual charter school
  730  to the department in a manner prescribed by the department, and
  731  funding shall be provided through the Florida Education Finance
  732  Program. Funds received by the school district of residence for
  733  a student in a virtual instruction program provided by another
  734  school district under this section shall be transferred to the
  735  school district providing the virtual instruction program.
  736         (g)(c) A community college provider may not report students
  737  who are served in a school district virtual instruction
  738  program for funding under the Community College Program Fund.
  739         (8) ASSESSMENT AND ACCOUNTABILITY.—
  740         (a) Each approved provider contracted under this section
  741  must:
  742         1. Participate in the statewide assessment program under s.
  743  1008.22 and in the state’s education performance accountability
  744  system under s. 1008.31.
  745         2. Receive a school grade under s. 1008.34 or a school
  746  improvement rating under s. 1008.341, as applicable. The school
  747  grade or school improvement rating received by each approved
  748  provider shall be based upon the aggregated assessment scores of
  749  all students served by the provider statewide. The department
  750  shall publish the school grade or school improvement rating
  751  received by each approved provider on its Internet website. The
  752  department shall develop an evaluation method for providers of
  753  part-time programs which includes the percentage of students
  754  making learning gains, the percentage of students successfully
  755  passing any required end-of-course assessment, the percentage of
  756  students taking Advanced Placement examinations, and the
  757  percentage of students scoring 3 or higher on an Advanced
  758  Placement examination.
  759         (b) The performance of part-time students in grades 9
  760  through 12 shall not be included for purposes of school grades
  761  or school improvement ratings under subparagraph (a)2.; however,
  762  their performance shall be included for school grading or school
  763  improvement rating purposes by the nonvirtual school providing
  764  the student’s primary instruction.
  765         (c) An approved provider that receives a school grade of
  766  “D” or “F” under s. 1008.34 or a school improvement rating of
  767  “Declining” under s. 1008.341 must file a school improvement
  768  plan with the department for consultation to determine the
  769  causes for low performance and to develop a plan for correction
  770  and improvement.
  771         (d) An approved provider’s contract must be terminated if
  772  the provider receives a school grade of “D” or “F” under s.
  773  1008.34 or a school improvement rating of “Declining” under s.
  774  1008.341 for 2 years during any consecutive 4-year period or has
  775  violated any qualification requirement pursuant to subsection
  776  (2). A provider that has a contract terminated under this
  777  paragraph may not be an approved provider for a period of at
  778  least 1 year after the date upon which the contract was
  779  terminated and until the department determines that the provider
  780  is in compliance with subsection (2) and has corrected each
  781  cause of the provider’s low performance.
  782         (9) EXCEPTIONS.—A provider of digital or online content or
  783  curriculum that is used to supplement the instruction of
  784  students who are not enrolled in a school district virtual
  785  instruction program under this section is not required to meet
  786  the requirements of this section.
  787         (10) MARKETING.—Each school district shall provide
  788  information to parents and students about the parent’s and
  789  student’s right to participate in a school district virtual
  790  instruction program under this section and in courses offered by
  791  the Florida Virtual School under s. 1002.37.
  792         (11) RULES.—The State Board of Education shall adopt rules
  793  necessary to administer this section, including rules that
  794  prescribe disclosure requirements under subsection (2) and
  795  school district reporting requirements under subsection (7).
  796         Section 5. Section 1002.455, Florida Statutes, is created
  797  to read:
  798         1002.455 Student eligibility for K-12 virtual instruction.—
  799         (1) A student may participate in virtual instruction in the
  800  school district in which he or she resides if the student meets
  801  the eligibility criteria in subsection (2).
  802         (2) A student is eligible to participate in virtual
  803  instruction if:
  804         (a) The student spent the prior school year in attendance
  805  at a public school in the state and was enrolled and reported by
  806  the school district for funding during October and February for
  807  purposes of the Florida Education Finance Program surveys;
  808         (b) The student is a dependent child of a member of the
  809  United States Armed Forces who was transferred within the last
  810  12 months to this state from another state or from a foreign
  811  country pursuant to a permanent change of station order;
  812         (c) The student was enrolled during the prior school year
  813  in a virtual instruction program under s. 1002.45, the K-8
  814  Virtual School Program under s. 1002.415, or a full-time Florida
  815  Virtual School program under s. 1002.37(8)(a);
  816         (d) The student has a sibling who is currently enrolled in
  817  a virtual instruction program and the sibling was enrolled in
  818  that program at the end of the prior school year; or
  819         (e) The student is eligible to enter kindergarten or first
  820  grade.
  821         (3) The virtual instruction options for which this
  822  eligibility section applies include:
  823         (a) School district operated part-time or full-time
  824  kindergarten through grade 12 virtual instruction programs under
  825  s. 1002.45(1)(b) for students enrolled in the school district.
  826         (b) Full-time virtual charter school instruction authorized
  827  under s. 1002.33.
  828         (c) Courses delivered in the traditional school setting by
  829  personnel providing direct instruction through a virtual
  830  environment or though a blended virtual and physical environment
  831  pursuant to s. 1003.498 and as authorized pursuant to s.
  832  1002.321(4)(e).
  833         (d) Virtual courses offered in the course code directory to
  834  students within the school district or to students in other
  835  school districts throughout the state pursuant to s. 1003.498.
  836         Section 6. Paragraph (c) is added to subsection (2) of
  837  section 1003.428, Florida Statutes, to read:
  838         1003.428 General requirements for high school graduation;
  839  revised.—
  840         (2) The 24 credits may be earned through applied,
  841  integrated, and combined courses approved by the Department of
  842  Education. The 24 credits shall be distributed as follows:
  843         (c) Beginning with students entering grade 9 in the 2011
  844  2012 school year, at least one course within the 24 credits
  845  required in this subsection must be completed through online
  846  learning. However, an online course taken during grades 6
  847  through 8 fulfills this requirement. This requirement shall be
  848  met through an online course offered by the Florida Virtual
  849  School, an online course offered by the high school, or an
  850  online dual enrollment course offered pursuant to a district
  851  interinstitutional articulation agreement pursuant to s.
  852  1007.235. A student who is enrolled in a full-time or part-time
  853  virtual instruction program under s. 1002.45 meets this
  854  requirement.
  855         Section 7. Section 1003.498, Florida Statutes, is created
  856  to read:
  857         1003.498 School district virtual course offerings.—
  858         (1) School districts may deliver courses in the traditional
  859  school setting by personnel certified pursuant to s. 1012.55 who
  860  provide direct instruction through a virtual environment or
  861  though a blended virtual and physical environment.
  862         (2) School districts may offer virtual courses for students
  863  enrolled in the school district. These courses must be
  864  identified in the course code directory. Students who meet the
  865  eligibility requirements of s. 1002.455 may participate in these
  866  virtual course offerings.
  867         (a) Any eligible student who is enrolled in a school
  868  district may register and enroll in an online course offered by
  869  his or her school district.
  870         (b) Any eligible student who is enrolled in a school
  871  district may register and enroll in an online course offered by
  872  any other school district in the state, except as limited by the
  873  following:
  874         1. A student may not enroll in a course offered through a
  875  virtual instruction program provided pursuant to s. 1002.45.
  876         2. A student may not enroll in a virtual course offered by
  877  another school district if:
  878         a. The course is offered online by the school district in
  879  which the student resides; or
  880         b. The course is offered in the school in which the student
  881  is enrolled. However, a student may enroll in an online course
  882  offered by another school district if the school in which the
  883  student is enrolled offers the course but the student is unable
  884  to schedule the course in his or her school.
  885         3. The school district in which the student completes the
  886  course shall report the student’s completion of that course for
  887  funding pursuant to s. 1011.61(1)(c)b.(VI) and the home school
  888  district shall not report the student for funding for that
  889  course.
  890  
  891  For purposes of this paragraph, the combined total of all school
  892  district reported FTE may not be reported as more than 1.0 full
  893  time equivalent student in any given school year. The Department
  894  of Education shall establish procedures to enable interdistrict
  895  coordination for the delivery and funding of this online option.
  896         Section 8. Paragraph (g) of subsection (3) of section
  897  1008.22, Florida Statutes, is amended to read:
  898         1008.22 Student assessment program for public schools.—
  899         (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
  900  design and implement a statewide program of educational
  901  assessment that provides information for the improvement of the
  902  operation and management of the public schools, including
  903  schools operating for the purpose of providing educational
  904  services to youth in Department of Juvenile Justice programs.
  905  The commissioner may enter into contracts for the continued
  906  administration of the assessment, testing, and evaluation
  907  programs authorized and funded by the Legislature. Contracts may
  908  be initiated in 1 fiscal year and continue into the next and may
  909  be paid from the appropriations of either or both fiscal years.
  910  The commissioner is authorized to negotiate for the sale or
  911  lease of tests, scoring protocols, test scoring services, and
  912  related materials developed pursuant to law. Pursuant to the
  913  statewide assessment program, the commissioner shall:
  914         (g) Beginning with the 2014-2015 school year, all statewide
  915  end-of-course assessments shall be administered online. Study
  916  the cost and student achievement impact of secondary end-of
  917  course assessments, including web-based and performance formats,
  918  and report to the Legislature prior to implementation.
  919         Section 9. Paragraph (c) of subsection (1) of section
  920  1011.61, Florida Statutes, is amended to read:
  921         1011.61 Definitions.—Notwithstanding the provisions of s.
  922  1000.21, the following terms are defined as follows for the
  923  purposes of the Florida Education Finance Program:
  924         (1) A “full-time equivalent student” in each program of the
  925  district is defined in terms of full-time students and part-time
  926  students as follows:
  927         (c)1. A “full-time equivalent student” is:
  928         a. A full-time student in any one of the programs listed in
  929  s. 1011.62(1)(c); or
  930         b. A combination of full-time or part-time students in any
  931  one of the programs listed in s. 1011.62(1)(c) which is the
  932  equivalent of one full-time student based on the following
  933  calculations:
  934         (I) A full-time student, except a postsecondary or adult
  935  student or a senior high school student enrolled in adult
  936  education when such courses are required for high school
  937  graduation, in a combination of programs listed in s.
  938  1011.62(1)(c) shall be a fraction of a full-time equivalent
  939  membership in each special program equal to the number of net
  940  hours per school year for which he or she is a member, divided
  941  by the appropriate number of hours set forth in subparagraph
  942  (a)1. or subparagraph (a)2. The difference between that fraction
  943  or sum of fractions and the maximum value as set forth in
  944  subsection (4) for each full-time student is presumed to be the
  945  balance of the student’s time not spent in such special
  946  education programs and shall be recorded as time in the
  947  appropriate basic program.
  948         (II) A prekindergarten handicapped student shall meet the
  949  requirements specified for kindergarten students.
  950         (III) A full-time equivalent student for students in
  951  kindergarten through grade 5 in a school district virtual
  952  instruction program under s. 1002.45 or a virtual charter school
  953  under s. 1002.33 shall consist of a student who has successfully
  954  completed a basic program listed in s. 1011.62(1)(c)1.a. or b.,
  955  and who is promoted to a higher grade level.
  956         (IV) A full-time equivalent student for students in grades
  957  6 through 12 in a school district virtual instruction program
  958  under s. 1002.45(1)(b)1., and 2., or 3. or a virtual charter
  959  school under s. 1002.33 shall consist of six full credit
  960  completions in programs listed in s. 1011.62(1)(c)1.b. or c. and
  961  3. Credit completions may can be a combination of full-credit
  962  courses or half-credit courses either full credits or half
  963  credits. Beginning in the 2014-2015 fiscal year, when s.
  964  1008.22(3)(g) is implemented, the reported full-time equivalent
  965  students and associated funding of students enrolled in courses
  966  requiring passage of an end-of-course assessment shall be
  967  adjusted after the student completes the end-of-course
  968  assessment.
  969         (V) A Florida Virtual School full-time equivalent student
  970  shall consist of six full credit completions or the prescribed
  971  level of content that counts toward promotion to the next grade
  972  in the programs listed in s. 1011.62(1)(c)1.a. and b. for
  973  kindergarten grades 6 through grade 8 and the programs listed in
  974  s. 1011.62(1)(c)1.c. for grades 9 through 12. Credit completions
  975  may can be a combination of full-credit courses or half-credit
  976  courses either full credits or half credits. Beginning in the
  977  2014-2015 fiscal year, when s. 1008.22(3)(g) is implemented, the
  978  reported full-time equivalent students and associated funding of
  979  students enrolled in courses requiring passage of an end-of
  980  course assessment shall be adjusted after the student completes
  981  the end-of-course assessment.
  982         (VI) Each successfully completed full-credit course earned
  983  through an online course delivered by a district other than the
  984  one in which the student resides shall be calculated as 1/6 FTE.
  985         (VII)(VI) Each successfully completed credit earned under
  986  the alternative high school course credit requirements
  987  authorized in s. 1002.375, which is not reported as a portion of
  988  the 900 net hours of instruction pursuant to subparagraph
  989  (1)(a)1., shall be calculated as 1/6 FTE.
  990         2. A student in membership in a program scheduled for more
  991  or less than 180 school days or the equivalent on an hourly
  992  basis as specified by rules of the State Board of Education is a
  993  fraction of a full-time equivalent membership equal to the
  994  number of instructional hours in membership divided by the
  995  appropriate number of hours set forth in subparagraph (a)1.;
  996  however, for the purposes of this subparagraph, membership in
  997  programs scheduled for more than 180 days is limited to students
  998  enrolled in juvenile justice education programs and the Florida
  999  Virtual School.
 1000  
 1001  The department shall determine and implement an equitable method
 1002  of equivalent funding for experimental schools and for schools
 1003  operating under emergency conditions, which schools have been
 1004  approved by the department to operate for less than the minimum
 1005  school day.
 1006         Section 10. Section 1012.57, Florida Statutes, is amended
 1007  to read:
 1008         1012.57 Certification of adjunct educators.—
 1009         (1) Notwithstanding the provisions of ss. 1012.32, 1012.55,
 1010  and 1012.56, or any other provision of law or rule to the
 1011  contrary, district school boards shall adopt rules to allow for
 1012  the issuance of an adjunct teaching certificate to any applicant
 1013  who fulfills the requirements of s. 1012.56(2)(a)-(f) and (10)
 1014  and who has expertise in the subject area to be taught. An
 1015  applicant shall be considered to have expertise in the subject
 1016  area to be taught if the applicant demonstrates sufficient
 1017  subject area mastery through passage of a subject area test. The
 1018  adjunct teaching certificate shall be used for part-time
 1019  teaching positions.
 1020         (2) The Legislature intends that this section intent of
 1021  this provision is to allow school districts to tap the wealth of
 1022  talent and expertise represented in Florida’s citizens who may
 1023  wish to teach part-time in a Florida public school by permitting
 1024  school districts to issue adjunct certificates to qualified
 1025  applicants.
 1026         (3) Adjunct certificateholders should be used as a strategy
 1027  to enhance the diversity of course offerings offered to all
 1028  students. School districts may use the expertise of individuals
 1029  in the state who wish to provide online instruction to students
 1030  by issuing adjunct certificates to qualified applicants reduce
 1031  the teacher shortage; thus, adjunct certificateholders should
 1032  supplement a school’s instructional staff, not supplant it. Each
 1033  school principal shall assign an experienced peer mentor to
 1034  assist the adjunct teaching certificateholder during the
 1035  certificateholder’s first year of teaching, and an adjunct
 1036  certificateholder may participate in a district’s new teacher
 1037  training program. District school boards shall provide the
 1038  adjunct teaching certificateholder an orientation in classroom
 1039  management prior to assigning the certificateholder to a school.
 1040         (4) Each adjunct teaching certificate is valid through the
 1041  term of the annual contract between the educator and the school
 1042  district. An additional annual certification and an additional
 1043  annual contract may be awarded by the district at the district’s
 1044  discretion but only for 5 school years and is renewable if the
 1045  applicant is rated effective or highly effective under s.
 1046  1012.34 has received satisfactory performance evaluations during
 1047  each year of teaching under adjunct teaching certification.
 1048         (5)(2) Individuals who are certified and employed under
 1049  this section shall have the same rights and protection of laws
 1050  as teachers certified under s. 1012.56.
 1051         Section 11. Subsection (1) of section 1000.04, Florida
 1052  Statutes, is amended to read:
 1053         1000.04 Components for the delivery of public education
 1054  within the Florida K-20 education system.—Florida’s K-20
 1055  education system provides for the delivery of public education
 1056  through publicly supported and controlled K-12 schools,
 1057  community colleges, state universities and other postsecondary
 1058  educational institutions, other educational institutions, and
 1059  other educational services as provided or authorized by the
 1060  Constitution and laws of the state.
 1061         (1) PUBLIC K-12 SCHOOLS.—The public K-12 schools include
 1062  charter schools and consist of kindergarten classes; elementary,
 1063  middle, and high school grades and special classes; school
 1064  district virtual instruction programs; workforce education;
 1065  career centers; adult, part-time, and evening schools, courses,
 1066  or classes, as authorized by law to be operated under the
 1067  control of district school boards; and lab schools operated
 1068  under the control of state universities.
 1069         Section 12. Paragraph (a) of subsection (6) of section
 1070  1002.20, Florida Statutes, is amended to read:
 1071         1002.20 K-12 student and parent rights.—Parents of public
 1072  school students must receive accurate and timely information
 1073  regarding their child’s academic progress and must be informed
 1074  of ways they can help their child to succeed in school. K-12
 1075  students and their parents are afforded numerous statutory
 1076  rights including, but not limited to, the following:
 1077         (6) EDUCATIONAL CHOICE.—
 1078         (a) Public school choices.—Parents of public school
 1079  students may seek whatever public school choice options that are
 1080  applicable to their students and are available to students in
 1081  their school districts. These options may include controlled
 1082  open enrollment, single-gender programs, lab schools, school
 1083  district virtual instruction programs, charter schools, charter
 1084  technical career centers, magnet schools, alternative schools,
 1085  special programs, advanced placement, dual enrollment,
 1086  International Baccalaureate, International General Certificate
 1087  of Secondary Education (pre-AICE), Advanced International
 1088  Certificate of Education, early admissions, credit by
 1089  examination or demonstration of competency, the New World School
 1090  of the Arts, the Florida School for the Deaf and the Blind, and
 1091  the Florida Virtual School. These options may also include the
 1092  public school choice options of the Opportunity Scholarship
 1093  Program and the McKay Scholarships for Students with
 1094  Disabilities Program.
 1095         Section 13. Paragraph (b) of subsection (3) of section
 1096  1003.03, Florida Statutes, is amended to read:
 1097         1003.03 Maximum class size.—
 1098         (3) IMPLEMENTATION OPTIONS.—District school boards must
 1099  consider, but are not limited to, implementing the following
 1100  items in order to meet the constitutional class size maximums
 1101  described in subsection (1):
 1102         (b) Adopt policies to encourage students to take courses
 1103  from the Florida Virtual School and other school district
 1104  virtual instruction options under s. 1002.45 programs.
 1105         Section 14. By December 1, 2011, the Department of
 1106  Education shall submit a report to the Governor, the President
 1107  of the Senate, and the Speaker of the House of Representatives
 1108  which identifies and explains the best methods and strategies by
 1109  which the department can assist district school boards in
 1110  acquiring digital learning at the most reasonable prices
 1111  possible and provides a plan under which district school boards
 1112  may voluntarily pool their bids for such purchases. The report
 1113  shall identify criteria that will enable district school boards
 1114  to differentiate between the level of service and pricing based
 1115  upon factors such as the level of student support, the frequency
 1116  of teacher-student communications, instructional accountability
 1117  standards, and academic integrity. The report shall also include
 1118  ways to increase student access to digital learning, including
 1119  identification and analysis of the best methods and strategies
 1120  for implementing part-time virtual education in kindergarten
 1121  through grade 5.
 1122         Section 15. This act shall take effect July 1, 2011.
 1123  
 1124  ================= T I T L E  A M E N D M E N T ================
 1125         And the title is amended as follows:
 1126         Delete everything before the enacting clause
 1127  and insert:
 1128                        A bill to be entitled                      
 1129         An act relating to digital learning; creating s.
 1130         1002.321, F.S.; creating the Digital Learning Now Act;
 1131         providing legislative findings related to the elements
 1132         to be included in high-quality digital learning;
 1133         providing digital preparation requirements; providing
 1134         for customized and accelerated learning; amending s.
 1135         1002.33, F.S.; authorizing the establishment of
 1136         virtual charter schools; providing application
 1137         requirements for establishment of a virtual charter
 1138         school; authorizing a charter school to implement
 1139         blended learning courses; requiring each charter
 1140         school governing board to appoint a representative and
 1141         specifying duties; requiring each governing board to
 1142         hold two public meetings per school year; providing
 1143         funding for a virtual charter school; establishing
 1144         administrative fees for a virtual charter school;
 1145         amending s. 1002.37, F.S.; redefining the term “full
 1146         time equivalent student” as it applies to the Florida
 1147         Virtual School; providing instruction, eligibility,
 1148         funding, assessment, and accountability requirements;
 1149         amending s. 1002.45, F.S.; revising the definition of
 1150         the term “virtual instruction program”; revising
 1151         school district requirements for providing virtual
 1152         instruction programs; requiring full-time and part
 1153         time virtual instruction program options; authorizing
 1154         a school district to enter into an agreement with a
 1155         virtual charter school to provide virtual instruction
 1156         to district students; authorizing virtual charter
 1157         school contracts; providing additional provider
 1158         qualifications relating to curriculum, student
 1159         performance accountability, and disclosure; revising
 1160         student eligibility requirements; providing funding
 1161         and accountability requirements; creating s. 1002.455,
 1162         F.S.; establishing student eligibility requirements
 1163         for K-12 virtual instruction; amending s. 1003.428,
 1164         F.S.; requiring at least one course required for high
 1165         school graduation to be completed through online
 1166         learning; creating s. 1003.498, F.S.; authorizing
 1167         school districts to offer virtual courses and blended
 1168         learning courses; amending s. 1008.22, F.S.; requiring
 1169         all statewide end-of-course assessments to be
 1170         administrated online beginning with the 2014-2015
 1171         school year; amending s. 1011.61, F.S.; redefining the
 1172         term “full-time equivalent student” for purposes of
 1173         virtual instruction; amending s. 1012.57, F.S.;
 1174         authorizing school districts to issue adjunct teaching
 1175         certificates to qualified applicants to provide online
 1176         instruction; revising requirements for adjunct
 1177         teaching certificateholders; providing for annual
 1178         contracts; amending ss. 1000.04, 1002.20, and 1003.03,
 1179         F.S.; conforming provisions to changes made by the
 1180         act; requiring the Department of Education to submit a
 1181         report to the Governor and the Legislature relating to
 1182         school district offering of, and student access to,
 1183         digital learning; providing an effective date.