CS/HB 7197

1
A bill to be entitled
2An act relating to digital learning; creating s. 1002.321,
3F.S.; creating the Digital Learning Now Act; providing
4legislative findings related to the elements to be
5included in high-quality digital learning; providing
6digital preparation requirements; providing for customized
7and accelerated learning; amending s. 1002.33, F.S.;
8authorizing the establishment of virtual charter schools;
9providing application requirements for establishment of a
10virtual charter school; authorizing a charter school to
11implement blended learning courses; providing requirements
12for a virtual charter school governing board; providing
13funding for a virtual charter school; establishing
14administrative fees for a virtual charter school; amending
15s. 1002.37, F.S.; redefining the term "full-time
16equivalent student" as it applies to the Florida Virtual
17School; providing instruction, funding, assessment, and
18accountability requirements; amending s. 1002.45, F.S.;
19requiring school districts to provide all public school
20students the opportunity to participate in virtual
21instruction programs; requiring school districts to
22provide full-time and part-time virtual instruction
23program options; authorizing a school district to enter
24into an agreement with a virtual charter school to provide
25virtual instruction to district students; authorizing
26virtual charter school contracts; providing additional
27provider qualifications relating to curriculum, student
28performance accountability, and disclosure; revising
29student eligibility requirements; providing funding and
30accountability requirements; creating s. 1002.455, F.S.;
31establishing student eligibility requirements for K-12
32virtual instruction; amending s. 1003.428, F.S.; requiring
33at least one course required for high school graduation to
34be completed through online learning; creating s.
351003.498, F.S.; authorizing school districts to offer
36virtual courses and blended learning courses; amending s.
371008.22, F.S.; requiring all statewide end-of-course
38assessments to be administrated online beginning with the
392014-2015 school year; amending s. 1011.61, F.S.;
40redefining the term "full-time equivalent student" for
41purposes of virtual instruction; amending s. 1012.57,
42F.S.; authorizing school districts to issue adjunct
43teaching certificates to qualified applicants to provide
44online instruction; revising requirements for adjunct
45teaching certificateholders; providing for annual
46contracts; amending ss. 1000.04, 1002.20, and 1003.03,
47F.S.; conforming provisions to changes made by the act;
48requiring the Department of Education to submit a report
49to the Governor and the Legislature relating to school
50district offering of, and student access to, digital
51learning; providing an effective date.
52
53Be It Enacted by the Legislature of the State of Florida:
54
55     Section 1.  Section 1002.321, Florida Statutes, is created
56to read:
57     1002.321  Digital learning.-
58     (1)  DIGITAL LEARNING NOW ACT.-There is created the Digital
59Learning Now Act.
60     (2)  ELEMENTS OF HIGH-QUALITY DIGITAL LEARNING.-The
61Legislature finds that each student should have access to a
62high-quality digital learning environment that provides:
63     (a)  Access to digital learning.
64     (b)  Access to high-quality digital content and online
65courses.
66     (c)  Education that is customized to the needs of the
67student using digital content.
68     (d)  A means for the student to demonstrate competency in
69completed coursework.
70     (e)  High-quality digital content, instructional materials,
71and online and blended learning courses.
72     (f)  High-quality digital instruction and teachers.
73     (g)  Content and instruction that are evaluated on the
74metric of student learning.
75     (h)  The use of funding as an incentive for performance,
76options, and innovation.
77     (i)  Infrastructure that supports digital learning.
78     (j)  Online administration of state assessments.
79     (3)  DIGITAL PREPARATION.-Each student must graduate from
80high school having taken at least one online course, as provided
81in s. 1003.428.
82     (4)  CUSTOMIZED AND ACCELERATED LEARNING.-A school district
83must establish multiple opportunities for student participation
84in part-time and full-time kindergarten through grade 12 virtual
85instruction. Options include, but are not limited to:
86     (a)  School district operated part-time or full-time
87virtual instruction programs under s. 1002.45(1)(b) for
88kindergarten through grade 12 students enrolled in the school
89district. A full-time program shall operate under its own Master
90School Identification Number.
91     (b)  Florida Virtual School instructional services
92authorized under s. 1002.37.
93     (c)  Blended learning instruction provided by charter
94schools authorized under s. 1002.33.
95     (d)  Full-time virtual charter school instruction
96authorized under s. 1002.33.
97     (e)  Courses delivered in the traditional school setting by
98personnel providing direct instruction through a virtual
99environment or though a blended virtual and physical environment
100pursuant to s. 1003.498.
101     (f)  Virtual courses offered in the course code directory
102to students within the school district or to students in other
103school districts throughout the state pursuant to s. 1003.498.
104     Section 2.  Subsection (1), paragraph (a) of subsection
105(6), subsection (7), and paragraph (a) of subsection (20) of
106section 1002.33, Florida Statutes, are amended, and paragraph
107(f) is added to subsection (17) of that section, to read:
108     1002.33  Charter schools.-
109     (1)  AUTHORIZATION.-Charter schools shall be part of the
110state's program of public education. All charter schools in
111Florida are public schools. A charter school may be formed by
112creating a new school or converting an existing public school to
113charter status. A charter school may operate a virtual charter
114school pursuant to s. 1002.45(1)(d) to provide full-time online
115instruction to eligible students, pursuant to s. 1002.455, in
116kindergarten through grade 12. A charter school must amend its
117charter or submit a new application pursuant to subsection (6)
118to become a virtual charter school. A virtual charter school is
119subject to the requirements of this section; however, a virtual
120charter school is exempt from subsections (18) and (19),
121subparagraphs (20)(a)2.-5., paragraph (20)(c), and s. 1003.03. A
122public school may not use the term charter in its name unless it
123has been approved under this section.
124     (6)  APPLICATION PROCESS AND REVIEW.-Charter school
125applications are subject to the following requirements:
126     (a)  A person or entity wishing to open a charter school
127shall prepare and submit an application on a model application
128form prepared by the Department of Education which:
129     1.  Demonstrates how the school will use the guiding
130principles and meet the statutorily defined purpose of a charter
131school.
132     2.  Provides a detailed curriculum plan that illustrates
133how students will be provided services to attain the Sunshine
134State Standards.
135     3.  Contains goals and objectives for improving student
136learning and measuring that improvement. These goals and
137objectives must indicate how much academic improvement students
138are expected to show each year, how success will be evaluated,
139and the specific results to be attained through instruction.
140     4.  Describes the reading curriculum and differentiated
141strategies that will be used for students reading at grade level
142or higher and a separate curriculum and strategies for students
143who are reading below grade level. A sponsor shall deny a
144charter if the school does not propose a reading curriculum that
145is consistent with effective teaching strategies that are
146grounded in scientifically based reading research.
147     5.  Contains an annual financial plan for each year
148requested by the charter for operation of the school for up to 5
149years. This plan must contain anticipated fund balances based on
150revenue projections, a spending plan based on projected revenues
151and expenses, and a description of controls that will safeguard
152finances and projected enrollment trends.
153     6.  Documents that the applicant has participated in the
154training required in subparagraph (f)2. A sponsor may require an
155applicant to provide additional information as an addendum to
156the charter school application described in this paragraph.
157     7.  For the establishment of a virtual charter school,
158documents that the applicant has contracted with a provider of
159virtual instruction services pursuant to s. 1002.45(1)(d).
160     (7)  CHARTER.-The major issues involving the operation of a
161charter school shall be considered in advance and written into
162the charter. The charter shall be signed by the governing board
163body of the charter school and the sponsor, following a public
164hearing to ensure community input.
165     (a)  The charter shall address and criteria for approval of
166the charter shall be based on:
167     1.  The school's mission, the students to be served, and
168the ages and grades to be included.
169     2.  The focus of the curriculum, the instructional methods
170to be used, any distinctive instructional techniques to be
171employed, and identification and acquisition of appropriate
172technologies needed to improve educational and administrative
173performance which include a means for promoting safe, ethical,
174and appropriate uses of technology which comply with legal and
175professional standards.
176     a.  The charter shall ensure that reading is a primary
177focus of the curriculum and that resources are provided to
178identify and provide specialized instruction for students who
179are reading below grade level. The curriculum and instructional
180strategies for reading must be consistent with the Sunshine
181State Standards and grounded in scientifically based reading
182research.
183     b.  In order to provide students with access to diverse
184instructional delivery models, to facilitate the integration of
185technology within traditional classroom instruction, and to
186provide students with the skills they need to compete in the
18721st century economy, the Legislature encourages instructional
188methods for blended learning courses consisting of both
189traditional classroom and online instructional techniques.
190Charter schools may implement blended learning courses which
191combine traditional classroom instruction and virtual
192instruction. Students in a blended learning course must be full-
193time students of the charter school and receive the online
194instruction in a classroom setting at the charter school.
195Instructional personnel certified pursuant to s. 1012.55 who
196provide virtual instruction for blended learning courses may be
197employees of the charter school or may be under contract to
198provide instructional services to charter school students. At a
199minimum, such instructional personnel must hold an active state
200or school district adjunct certification under s. 1012.57 for
201the subject area of the blended learning course. The funding and
202performance accountability requirements for blended learning
203courses are the same as those for traditional courses.
204     3.  The current incoming baseline standard of student
205academic achievement, the outcomes to be achieved, and the
206method of measurement that will be used. The criteria listed in
207this subparagraph shall include a detailed description of:
208     a.  How the baseline student academic achievement levels
209and prior rates of academic progress will be established.
210     b.  How these baseline rates will be compared to rates of
211academic progress achieved by these same students while
212attending the charter school.
213     c.  To the extent possible, how these rates of progress
214will be evaluated and compared with rates of progress of other
215closely comparable student populations.
216
217The district school board is required to provide academic
218student performance data to charter schools for each of their
219students coming from the district school system, as well as
220rates of academic progress of comparable student populations in
221the district school system.
222     4.  The methods used to identify the educational strengths
223and needs of students and how well educational goals and
224performance standards are met by students attending the charter
225school. The methods shall provide a means for the charter school
226to ensure accountability to its constituents by analyzing
227student performance data and by evaluating the effectiveness and
228efficiency of its major educational programs. Students in
229charter schools shall, at a minimum, participate in the
230statewide assessment program created under s. 1008.22.
231     5.  In secondary charter schools, a method for determining
232that a student has satisfied the requirements for graduation in
233s. 1003.43.
234     6.  A method for resolving conflicts between the governing
235board body of the charter school and the sponsor.
236     7.  The admissions procedures and dismissal procedures,
237including the school's code of student conduct.
238     8.  The ways by which the school will achieve a
239racial/ethnic balance reflective of the community it serves or
240within the racial/ethnic range of other public schools in the
241same school district.
242     9.  The financial and administrative management of the
243school, including a reasonable demonstration of the professional
244experience or competence of those individuals or organizations
245applying to operate the charter school or those hired or
246retained to perform such professional services and the
247description of clearly delineated responsibilities and the
248policies and practices needed to effectively manage the charter
249school. A description of internal audit procedures and
250establishment of controls to ensure that financial resources are
251properly managed must be included. Both public sector and
252private sector professional experience shall be equally valid in
253such a consideration.
254     10.  The asset and liability projections required in the
255application which are incorporated into the charter and shall be
256compared with information provided in the annual report of the
257charter school.
258     11.  A description of procedures that identify various
259risks and provide for a comprehensive approach to reduce the
260impact of losses; plans to ensure the safety and security of
261students and staff; plans to identify, minimize, and protect
262others from violent or disruptive student behavior; and the
263manner in which the school will be insured, including whether or
264not the school will be required to have liability insurance,
265and, if so, the terms and conditions thereof and the amounts of
266coverage.
267     12.  The term of the charter which shall provide for
268cancellation of the charter if insufficient progress has been
269made in attaining the student achievement objectives of the
270charter and if it is not likely that such objectives can be
271achieved before expiration of the charter. The initial term of a
272charter shall be for 4 or 5 years. In order to facilitate access
273to long-term financial resources for charter school
274construction, charter schools that are operated by a
275municipality or other public entity as provided by law are
276eligible for up to a 15-year charter, subject to approval by the
277district school board. A charter lab school is eligible for a
278charter for a term of up to 15 years. In addition, to facilitate
279access to long-term financial resources for charter school
280construction, charter schools that are operated by a private,
281not-for-profit, s. 501(c)(3) status corporation are eligible for
282up to a 15-year charter, subject to approval by the district
283school board. Such long-term charters remain subject to annual
284review and may be terminated during the term of the charter, but
285only according to the provisions set forth in subsection (8).
286     13.  The facilities to be used and their location.
287     14.  The qualifications to be required of the teachers and
288the potential strategies used to recruit, hire, train, and
289retain qualified staff to achieve best value.
290     15.  The governance structure of the school, including the
291status of the charter school as a public or private employer as
292required in paragraph (12)(i).
293     16.  A timetable for implementing the charter which
294addresses the implementation of each element thereof and the
295date by which the charter shall be awarded in order to meet this
296timetable.
297     17.  In the case of an existing public school that is being
298converted to charter status, alternative arrangements for
299current students who choose not to attend the charter school and
300for current teachers who choose not to teach in the charter
301school after conversion in accordance with the existing
302collective bargaining agreement or district school board rule in
303the absence of a collective bargaining agreement. However,
304alternative arrangements shall not be required for current
305teachers who choose not to teach in a charter lab school, except
306as authorized by the employment policies of the state university
307which grants the charter to the lab school.
308     18.  Full disclosure of the identity of all relatives
309employed by the charter school who are related to the charter
310school owner, president, chairperson of the governing board of
311directors, superintendent, governing board member, principal,
312assistant principal, or any other person employed by the charter
313school who has equivalent decisionmaking authority. For the
314purpose of this subparagraph, the term "relative" means father,
315mother, son, daughter, brother, sister, uncle, aunt, first
316cousin, nephew, niece, husband, wife, father-in-law, mother-in-
317law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
318stepfather, stepmother, stepson, stepdaughter, stepbrother,
319stepsister, half brother, or half sister.
320     (b)1.  A charter may be renewed provided that a program
321review demonstrates that the criteria in paragraph (a) have been
322successfully accomplished and that none of the grounds for
323nonrenewal established by paragraph (8)(a) has been documented.
324In order to facilitate long-term financing for charter school
325construction, charter schools operating for a minimum of 3 years
326and demonstrating exemplary academic programming and fiscal
327management are eligible for a 15-year charter renewal. Such
328long-term charter is subject to annual review and may be
329terminated during the term of the charter.
330     2.  The 15-year charter renewal that may be granted
331pursuant to subparagraph 1. shall be granted to a charter school
332that has received a school grade of "A" or "B" pursuant to s.
3331008.34 in 3 of the past 4 years and is not in a state of
334financial emergency or deficit position as defined by this
335section. Such long-term charter is subject to annual review and
336may be terminated during the term of the charter pursuant to
337subsection (8).
338     (c)  A charter may be modified during its initial term or
339any renewal term upon the recommendation of the sponsor or the
340charter school governing board and the approval of both parties
341to the agreement.
342     (d)  A school district may require that up to 50 percent of
343a virtual charter school's governing board members reside in the
344school district in which the virtual charter school is
345sponsored. Each virtual charter school's governing board must
346annually hold at least three public meetings in the school
347district. Such meetings must be open and accessible to the
348public, and attendees must be provided an opportunity to receive
349information and provide input regarding the charter school's
350affairs. A quorum of the governing board members must be
351physically present at each meeting.
352     (17)  FUNDING.-Students enrolled in a charter school,
353regardless of the sponsorship, shall be funded as if they are in
354a basic program or a special program, the same as students
355enrolled in other public schools in the school district. Funding
356for a charter lab school shall be as provided in s. 1002.32.
357     (f)  Funding for a virtual charter school shall be as
358provided in s. 1002.45(7).
359     (20)  SERVICES.-
360     (a)1.  A sponsor shall provide certain administrative and
361educational services to charter schools. These services shall
362include contract management services; full-time equivalent and
363data reporting services; exceptional student education
364administration services; services related to eligibility and
365reporting duties required to ensure that school lunch services
366under the federal lunch program, consistent with the needs of
367the charter school, are provided by the school district at the
368request of the charter school, that any funds due to the charter
369school under the federal lunch program be paid to the charter
370school as soon as the charter school begins serving food under
371the federal lunch program, and that the charter school is paid
372at the same time and in the same manner under the federal lunch
373program as other public schools serviced by the sponsor or the
374school district; test administration services, including payment
375of the costs of state-required or district-required student
376assessments; processing of teacher certificate data services;
377and information services, including equal access to student
378information systems that are used by public schools in the
379district in which the charter school is located. Student
380performance data for each student in a charter school,
381including, but not limited to, FCAT scores, standardized test
382scores, previous public school student report cards, and student
383performance measures, shall be provided by the sponsor to a
384charter school in the same manner provided to other public
385schools in the district.
386     2.  A total administrative fee for the provision of such
387services shall be calculated based upon up to 5 percent of the
388available funds defined in paragraph (17)(b) for all students.
389However, a sponsor may only withhold up to a 5-percent
390administrative fee for enrollment for up to and including 250
391students. For charter schools with a population of 251 or more
392students, the difference between the total administrative fee
393calculation and the amount of the administrative fee withheld
394may only be used for capital outlay purposes specified in s.
3951013.62(2).
396     3.  In addition, a sponsor may withhold only up to a 5-
397percent administrative fee for enrollment for up to and
398including 500 students within a system of charter schools which
399meets all of the following:
400     a.  Includes both conversion charter schools and
401nonconversion charter schools;
402     b.  Has all schools located in the same county;
403     c.  Has a total enrollment exceeding the total enrollment
404of at least one school district in the state;
405     d.  Has the same governing board; and
406     e.  Does not contract with a for-profit service provider
407for management of school operations.
408     4.  The difference between the total administrative fee
409calculation and the amount of the administrative fee withheld
410pursuant to subparagraph 3. may be used for instructional and
411administrative purposes as well as for capital outlay purposes
412specified in s. 1013.62(2).
413     5.  Each charter school shall receive 100 percent of the
414funds awarded to that school pursuant to s. 1012.225. Sponsors
415shall not charge charter schools any additional fees or
416surcharges for administrative and educational services in
417addition to the maximum 5-percent administrative fee withheld
418pursuant to this paragraph.
419     6.  The sponsor of a virtual charter school may withhold a
420fee of up to 5 percent. The funds shall be used to cover the
421cost of services provided under subparagraph 1. and for the
422school district's local instructional improvement system
423pursuant to s. 1006.281 or other technological tools that are
424required to access electronic and digital instructional
425materials.
426     Section 3.  Paragraph (a) of subsection (3) of section
4271002.37, Florida Statutes, is amended, and subsections (8), (9),
428(10), and (11) are added to that section, to read:
429     1002.37  The Florida Virtual School.-
430     (3)  Funding for the Florida Virtual School shall be
431provided as follows:
432     (a)1.  For a student in grades 9 through 12, a "full-time
433equivalent student" for the Florida Virtual School is one
434student who has successfully completed six full-credit courses
435credits that shall count toward the minimum number of credits
436required for high school graduation. A student who completes
437fewer less than six full-credit courses is credits shall be a
438fraction of a full-time equivalent student. Half-credit course
439completions shall be included in determining a full-time
440equivalent student. Credit completed by a student in excess of
441the minimum required for that student for high school graduation
442is not eligible for funding.
443     2.  For a student in kindergarten through grade 8, a "full-
444time equivalent student" is one student who has successfully
445completed six courses or the prescribed level of content that
446counts toward promotion to the next grade. A student who
447completes fewer than six courses or the prescribed level of
448content shall be a fraction of a full-time equivalent student.
449     3.  Beginning in the 2014-2015 fiscal year, when s.
4501008.22(3)(g) is implemented, the reported full-time equivalent
451students and associated funding of students enrolled in courses
452requiring passage of an end-of-course assessment shall be
453adjusted after the student completes the end-of-course
454assessment. However, no adjustment shall be made for home
455education program students who choose not to take an end-of-
456course assessment.
457
458For purposes of this paragraph, the calculation of "full-time
459equivalent student" shall be as prescribed in s.
4601011.61(1)(c)1.b.(V).
461     (8)(a)  The Florida Virtual School may provide full-time
462instruction for students in kindergarten through grade 12 and
463part-time instruction for students in grades 4 through 12. Part-
464time instruction for grades 4 and 5 may be provided only to
465public school students taking grade 6 through grade 8 courses.
466     (b)  For students receiving part-time instruction in grades
4674 and 5 and students receiving full-time instruction in
468kindergarten through grade 12 from the Florida Virtual School,
469the combined total of all FTE reported by both the school
470district and the Florida Virtual School may not exceed 1.0 FTE.
471     (9)  Each elementary school principal must notify the
472parent of each student who scores at Level 4 or Level 5 on FCAT
473Reading or FCAT Mathematics of the option for the student to
474take accelerated courses through the Florida Virtual School.
475     (10)(a)  Public school students receiving full-time
476instruction in kindergarten through grade 12 by the Florida
477Virtual School must take all statewide assessments required
478pursuant to s. 1008.22.
479     (b)  Public school students receiving part-time instruction
480by the Florida Virtual School in courses requiring statewide
481end-of-course assessments must take all statewide end-of-course
482assessments required pursuant to s. 1008.22(3)(c)2.
483     (c)  All statewide assessments must be taken within the
484school district in which the student resides. A school district
485must provide the student with access to the district's testing
486facilities.
487     (11)  The Florida Virtual School shall receive a school
488grade pursuant to s. 1008.34 for students receiving full-time
489instruction.
490     Section 4.  Section 1002.45, Florida Statutes, is amended
491to read:
492     1002.45  School district Virtual instruction programs.-
493     (1)  PROGRAM.-
494     (a)  For purposes of this section, the term:
495     1.  "Approved provider" means a provider that is approved
496by the Department of Education under subsection (2), the Florida
497Virtual School, a franchise of the Florida Virtual School, or a
498community college.
499     2.  "Virtual instruction program" means a program of
500instruction provided in an interactive learning environment
501created through technology in which students are separated from
502their teachers by time or space, or both, and in which a
503Florida-certified teacher under chapter 1012 is responsible for
504at least:
505     a.  Fifty percent of the direct instruction to students in
506kindergarten through grade 5; or
507     b.  Eighty percent of the direct instruction to students in
508grades 6 through 12.
509     (b)  Beginning with the 2009-2010 school year, Each school
510district shall provide all enrolled public school eligible
511students within its boundaries multiple opportunities for
512participation the option of participating in part-time and full-
513time a virtual instruction program options. Each school district
514must provide at least three virtual instruction program options
515and provide parents with timely written notification of an open
516enrollment period for full-time students of at least 90 days
517that ends no later than 30 days prior to the first day of the
518school year. The purpose of the program is to make quality
519virtual instruction available to students using online and
520distance learning technology in the nontraditional classroom. A
521school district virtual instruction The program shall provide
522the following be:
523     1.  Full-time virtual instruction for students enrolled in
524kindergarten through grade 12.
525     2.  Full-time or Part-time virtual instruction for students
526enrolled in grades 9 through 12 courses that are measured
527pursuant to subparagraph (8)(a)2.
528     3.  Full-time or part-time virtual instruction for students
529who are enrolled in dropout prevention and academic intervention
530programs under s. 1003.53, Department of Juvenile Justice
531education programs under s. 1003.52, core-curricula courses to
532meet class size requirements under s. 1003.03, or community
533colleges under this section.
534     (c)  To provide students with the option of participating
535in virtual instruction programs as required by paragraph (b), a
536school district may:
537     1.  Contract with the Florida Virtual School or establish a
538franchise of the Florida Virtual School for the provision of a
539program under paragraph (b). Using this option is subject to the
540requirements of this section and s. 1011.61(1)(c)1.b.(III) and
541(IV).
542     2.  Contract with an approved provider under subsection (2)
543for the provision of a full-time program under subparagraph
544(b)1. or subparagraph (b)3. or a full-time or part-time program
545under subparagraph (b)2. or subparagraph (b)3.
546     3.  Enter into an agreement with other another school
547districts district to allow the participation of its students in
548an approved virtual instruction program provided by the other
549school district. The agreement must indicate a process for the
550transfer of funds required by paragraph (7)(f)(b).
551     4.  Establish school district operated part-time or full-
552time kindergarten through grade 12 virtual instruction programs
553under paragraph (b) for students enrolled in the school
554district. A full-time program shall operate under its own Master
555School Identification Number.
556     5.  Enter into an agreement with a virtual charter school
557authorized by the school district under s. 1002.33.
558
559Contracts under subparagraph 1. or subparagraph 2. may include
560multidistrict contractual arrangements that may be executed by a
561regional consortium for its member districts. A multidistrict
562contractual arrangement or an agreement under subparagraph 3. is
563not subject to s. 1001.42(4)(d) and does not require the
564participating school districts to be contiguous. These
565arrangements may be used to fulfill the requirements of
566paragraph (b).
567     (d)  A virtual charter school may provide full-time virtual
568instruction for students in kindergarten through grade 12 if the
569virtual charter school has a charter approved pursuant to s.
5701002.33 authorizing full-time virtual instruction. A virtual
571charter school may:
572     1.  Contract with the Florida Virtual School.
573     2.  Contract with an approved provider under subsection
574(2).
575     3.  Enter into an a joint agreement with the school
576districts to allow the participation of its students district in
577which it is located for the charter school's students to
578participate in a the school district's virtual instruction
579program. The agreement must indicate a process for reporting of
580student enrollment and the transfer of funds required by
581paragraph (7)(f).
582     (e)  Each school district shall:
583     1.  Provide to the department by October 1, 2011, and by
584each October 1 thereafter, a copy of each contract and the
585amounts paid per unweighted full-time equivalent student for
586services procured pursuant to subparagraphs (c)1. and 2.
587     2.  Expend the difference in funds provided for a student
588participating in the school district virtual instruction program
589pursuant to subsection (7) and the price paid for contracted
590services procured pursuant to subparagraphs (c)1. and 2. for the
591district's local instructional improvement system pursuant to s.
5921006.281 or other technological tools that are required to
593access electronic and digital instructional materials.
594     3.  At the end of each fiscal year, but no later than
595September 1, report to the department an itemized list of the
596technological tools purchased with these funds.
597     (2)  PROVIDER QUALIFICATIONS.-
598     (a)  The department shall annually publish online provide
599school districts with a list of providers approved to offer
600virtual instruction programs. To be approved by the department,
601a provider must document that it:
602     1.  Is nonsectarian in its programs, admission policies,
603employment practices, and operations;
604     2.  Complies with the antidiscrimination provisions of s.
6051000.05;
606     3.  Locates an administrative office or offices in this
607state, requires its administrative staff to be state residents,
608requires all instructional staff to be Florida-certified
609teachers under chapter 1012, and conducts background screenings
610for all employees or contracted personnel, as required by s.
6111012.32, using state and national criminal history records;
612     4.  Possesses prior, successful experience offering online
613courses to elementary, middle, or high school students as
614demonstrated by quantified student learning gains in each
615subject area and grade level provided for consideration as an
616instructional program option;
617     5.  Is accredited by a regional accrediting association as
618defined by State Board of Education rule; the Southern
619Association of Colleges and Schools Council on Accreditation and
620School Improvement, the North Central Association Commission on
621Accreditation and School Improvement, the Middle States
622Association of Colleges and Schools Commission on Elementary
623Schools and Commission on Secondary Schools, the New England
624Association of Schools and Colleges, the Northwest Association
625of Accredited Schools, the Western Association of Schools and
626Colleges, or the Commission on International and Trans-Regional
627Accreditation; and
628     6.  Ensures instructional and curricular quality through a
629detailed curriculum and student performance accountability plan
630that addresses every subject and grade level it intends to
631provide through contract with the school district, including:
632     a.  Courses and programs that meet the standards of the
633International Association for K-12 Online Learning and the
634Southern Regional Education Board.
635     b.  Instructional content and services that align with, and
636measure student attainment of, student proficiency in the Next
637Generation Sunshine State Standards.
638     c.  Mechanisms that determine and ensure that a student has
639satisfied requirements for grade level promotion and high school
640graduation with a standard diploma, as appropriate;
641     7.  Publishes for the general public, in accordance with
642disclosure requirements adopted in rule by the State Board of
643Education, as part of its application as a provider and in all
644contracts negotiated pursuant to this section:
645     a.  Information and data about the curriculum of each full-
646time and part-time program.
647     b.  School policies and procedures.
648     c.  Certification status and physical location of all
649administrative and instructional personnel.
650     d.  Hours and times of availability of instructional
651personnel.
652     e.  Student-teacher ratios.
653     f.  Student completion and promotion rates.
654     g.  Student, educator, and school performance
655accountability outcomes; and
656     8.6.  If the provider is a community college, employs
657instructors who meet the certification requirements for
658instructional staff under chapter 1012.
659     (b)  An approved provider shall retain its approved status
660for a period of 3 years after the date of the department's
661approval under paragraph (a) as long as the provider continues
662to comply with all requirements of this section. However, each
663provider approved by the department for the 2011-2012 school
664year must reapply for approval to provide a part-time program
665for students in grades 9 through 12.
666     (3)  SCHOOL DISTRICT VIRTUAL INSTRUCTION PROGRAM
667REQUIREMENTS.-Each school district virtual instruction program
668under this section must:
669     (a)  Align virtual course curriculum and course content to
670the Sunshine State Standards under s. 1003.41.
671     (b)  Offer instruction that is designed to enable a student
672to gain proficiency in each virtually delivered course of study.
673     (c)  Provide each student enrolled in the program with all
674the necessary instructional materials.
675     (d)  Provide, when appropriate, each full-time student
676enrolled in the program who qualifies for free or reduced-price
677school lunches under the National School Lunch Act, or who is on
678the direct certification list, and who does not have a computer
679or Internet access in his or her home with:
680     1.  All equipment necessary for participants in the school
681district virtual instruction program, including, but not limited
682to, a computer, computer monitor, and printer, if a printer is
683necessary to participate in the program; and
684     2.  Access to or reimbursement for all Internet services
685necessary for online delivery of instruction.
686     (e)  Not require tuition or student registration fees.
687     (4)  CONTRACT REQUIREMENTS.-Each contract with an approved
688provider must at minimum:
689     (a)  Set forth a detailed curriculum plan that illustrates
690how students will be provided services and be measured for
691attainment of to attain proficiency in the Next Generation
692Sunshine State Standards for each grade level and subject.
693     (b)  Provide a method for determining that a student has
694satisfied the requirements for graduation in s. 1003.428, s.
6951003.429, or s. 1003.43 if the contract is for the provision of
696a full-time virtual instruction program to students in grades 9
697through 12.
698     (c)  Specify a method for resolving conflicts among the
699parties.
700     (d)  Specify authorized reasons for termination of the
701contract.
702     (e)  Require the approved provider to be responsible for
703all debts of the school district virtual instruction program if
704the contract is not renewed or is terminated.
705     (f)  Require the approved provider to comply with all
706requirements of this section.
707     (5)  STUDENT ELIGIBILITY.-A student may enroll in a virtual
708instruction program provided by the school district or by a
709virtual charter school operated in the district in which he or
710she resides if the student meets eligibility requirements for
711virtual instruction pursuant to s. 1002.455. at least one of the
712following conditions:
713     (a)  The student has spent the prior school year in
714attendance at a public school in this state and was enrolled and
715reported by a public school district for funding during the
716preceding October and February for purposes of the Florida
717Education Finance Program surveys.
718     (b)  The student is a dependent child of a member of the
719United States Armed Forces who was transferred within the last
72012 months to this state from another state or from a foreign
721country pursuant to the parent's permanent change of station
722orders.
723     (c)  The student was enrolled during the prior school year
724in a school district virtual instruction program under this
725section or a K-8 Virtual School Program under s. 1002.415.
726     (d)  The student has a sibling who is currently enrolled in
727a school district virtual instruction program and that sibling
728was enrolled in such program at the end of the prior school
729year.
730     (6)  STUDENT PARTICIPATION REQUIREMENTS.-Each student
731enrolled in a school district virtual instruction program or
732virtual charter school must:
733     (a)  Comply with the compulsory attendance requirements of
734s. 1003.21. Student attendance must be verified by the school
735district.
736     (b)  Take state assessment tests within the school district
737in which such student resides, which must provide the student
738with access to the district's testing facilities.
739     (7)  VIRTUAL INSTRUCTION PROGRAM AND VIRTUAL CHARTER SCHOOL
740FUNDING.-
741     (a)  Students enrolled in a virtual instruction program or
742a virtual charter school shall be funded through the Florida
743Education Finance Program as provided in the General
744Appropriations Act. However, such funds may not be provided for
745the purpose of fulfilling the class size requirements in ss.
7461003.03 and 1011.685.
747     (b)  For purposes of a school district virtual instruction
748program or a virtual charter school, "full-time equivalent
749student" has the same meaning as provided in s.
7501011.61(1)(c)1.b.(III) or (IV).
751     (c)  For a student enrolled part-time in a grades 6 through
75212 program, a "full-time equivalent student" has the same
753meaning as provided in s. 1011.61(1)(c)1.b.(IV).
754     (d)  A student may not be reported as more than 1.0 full-
755time equivalent student in any given school year.
756     (e)  Beginning in the 2014-2015 fiscal year, when s.
7571008.22(3)(g) is implemented, the reported full-time equivalent
758students and associated funding of students enrolled in courses
759requiring passage of an end-of-course assessment shall be
760adjusted after the student completes the end-of-course
761assessment.
762     (f)(b)  The school district in which the student resides
763shall report full-time equivalent students for a the school
764district virtual instruction program or a virtual charter school
765to the department in a manner prescribed by the department, and
766funding shall be provided through the Florida Education Finance
767Program. Funds received by the school district of residence for
768a student in a virtual instruction program provided by another
769school district under this section shall be transferred to the
770school district providing the virtual instruction program.
771     (g)(c)  A community college provider may not report
772students who are served in a school district virtual instruction
773program for funding under the Community College Program Fund.
774     (8)  ASSESSMENT AND ACCOUNTABILITY.-
775     (a)  Each approved provider contracted under this section
776must:
777     1.  Participate in the statewide assessment program under
778s. 1008.22 and in the state's education performance
779accountability system under s. 1008.31.
780     2.  Receive a school grade under s. 1008.34 or a school
781improvement rating under s. 1008.341, as applicable. The school
782grade or school improvement rating received by each approved
783provider shall be based upon the aggregated assessment scores of
784all students served by the provider statewide. The department
785shall publish the school grade or school improvement rating
786received by each approved provider on its Internet website. The
787department shall develop an evaluation method for providers of
788part-time programs which includes the percentage of students
789making learning gains, the percentage of students successfully
790passing any required end-of-course assessment, the percentage of
791students taking Advanced Placement examinations, and the
792percentage of students scoring 3 or higher on an Advanced
793Placement examination.
794     (b)  The performance of part-time students in grades 9
795through 12 shall not be included for purposes of school grades
796or school improvement ratings under subparagraph (a)2.; however,
797their performance shall be included for school grading or school
798improvement rating purposes by the nonvirtual school providing
799the student's primary instruction.
800     (c)  An approved provider that receives a school grade of
801"D" or "F" under s. 1008.34 or a school improvement rating of
802"Declining" under s. 1008.341 must file a school improvement
803plan with the department for consultation to determine the
804causes for low performance and to develop a plan for correction
805and improvement.
806     (d)  An approved provider's contract must be terminated if
807the provider receives a school grade of "D" or "F" under s.
8081008.34 or a school improvement rating of "Declining" under s.
8091008.341 for 2 years during any consecutive 4-year period or has
810violated any qualification requirement pursuant to subsection
811(2). A provider that has a contract terminated under this
812paragraph may not be an approved provider for a period of at
813least 1 year after the date upon which the contract was
814terminated and until the department determines that the provider
815is in compliance with subsection (2) and has corrected each
816cause of the provider's low performance.
817     (9)  EXCEPTIONS.-A provider of digital or online content or
818curriculum that is used to supplement the instruction of
819students who are not enrolled in a school district virtual
820instruction program under this section is not required to meet
821the requirements of this section.
822     (10)  MARKETING.-Each school district shall provide
823information to parents and students about the parent's and
824student's right to participate in a school district virtual
825instruction program under this section and in courses offered by
826the Florida Virtual School under s. 1002.37.
827     (11)  RULES.-The State Board of Education shall adopt rules
828necessary to administer this section, including rules that
829prescribe disclosure requirements under subsection (2) and
830school district reporting requirements under subsection (7).
831     Section 5.  Section 1002.455, Florida Statutes, is created
832to read:
833     1002.455  Student eligibility for K-12 virtual
834instruction.-
835     (1)  A student may enroll in virtual instruction in the
836school district in which he or she resides if the student meets
837at least one of the following conditions:
838     (a)  The student spent the prior school year in attendance
839at a public school in the state and was enrolled and reported by
840the school district for funding during October and February for
841purposes of the Florida Education Finance Program surveys;
842     (b)  The student is a dependent child of a member of the
843United States Armed Forces who was transferred within the last
84412 months to this state from another state or from a foreign
845country pursuant to a permanent change of station order;
846     (c)  The student was enrolled during the prior school year
847in a virtual instruction program under s. 1002.45 or a K-8
848Virtual School Program under s. 1002.415;
849     (d)  The student has a sibling who is currently enrolled in
850a virtual instruction program and the sibling was enrolled in
851that program at the end of the prior school year; or
852     (e)  The student is eligible to enter kindergarten or first
853grade.
854     (2)  The virtual instruction options for which this
855eligibility section applies include:
856     (a)  School district operated part-time or full-time
857kindergarten through grade 12 virtual instruction programs under
858s. 1002.45(1)(b) for students enrolled in the school district.
859     (b)  Full-time virtual charter school instruction
860authorized under s. 1002.33.
861     (c)  Courses delivered in the traditional school setting by
862personnel providing direct instruction through a virtual
863environment or though a blended virtual and physical environment
864pursuant to s. 1003.498 and as authorized pursuant to s.
8651002.321(4)(e).
866     (d)  Virtual courses offered in the course code directory
867to students within the school district or to students in other
868school districts throughout the state pursuant to s. 1003.498.
869     Section 6.  Paragraph (c) is added to subsection (2) of
870section 1003.428, Florida Statutes, to read:
871     1003.428  General requirements for high school graduation;
872revised.-
873     (2)  The 24 credits may be earned through applied,
874integrated, and combined courses approved by the Department of
875Education. The 24 credits shall be distributed as follows:
876     (c)  Beginning with students entering grade 9 in the 2011-
8772012 school year, at least one course within the 24 credits
878required in this subsection must be completed through online
879learning. However, an online course taken during grades 6
880through 8 fulfills this requirement. This requirement shall be
881met through an online course offered by the Florida Virtual
882School, an online course offered by the high school, or an
883online dual enrollment course offered pursuant to a district
884interinstitutional articulation agreement pursuant to s.
8851007.235. A student who is enrolled in a full-time or part-time
886virtual instruction program under s. 1002.45 meets this
887requirement.
888     Section 7.  Section 1003.498, Florida Statutes, is created
889to read:
890     1003.498  School district virtual course offerings.-
891     (1)  School districts may deliver courses in the
892traditional school setting by personnel certified pursuant to s.
8931012.55 who provide direct instruction through a virtual
894environment or though a blended virtual and physical
895environment.
896     (2)  School districts may offer virtual courses for
897students enrolled in the school district. These courses must be
898identified in the course code directory. Students who meet the
899eligibility requirements of s. 1002.455 may participate in these
900virtual course offerings.
901     (a)  Any eligible student who is enrolled in a school
902district may register and enroll in an online course offered by
903his or her school district.
904     (b)  Any eligible student who is enrolled in a school
905district may register and enroll in an online course offered by
906any other school district in the state, except as limited by the
907following:
908     1.  A student may not enroll in a course offered through a
909virtual instruction program provided pursuant to s. 1002.45.
910     2.  A student may not enroll in a virtual course offered by
911another school district if:
912     a.  The course is offered online by the school district in
913which the student resides; or
914     b.  The course is offered in the school in which the
915student is enrolled. However, a student may enroll in an online
916course offered by another school district if the school in which
917the student is enrolled offers the course but the student is
918unable to schedule the course in his or her school.
919     3.  The school district in which the student completes the
920course shall report the student's completion of that course for
921funding pursuant to s. 1011.61(1)(c)b.(VI) and the home school
922district shall not report the student for funding for that
923course.
924
925For purposes of this paragraph, the combined total of all school
926district reported FTE may not be reported as more than 1.0 full-
927time equivalent student in any given school year. The Department
928of Education shall establish procedures to enable interdistrict
929coordination for the delivery and funding of this online option.
930     Section 8.  Paragraph (g) of subsection (3) of section
9311008.22, Florida Statutes, is amended to read:
932     1008.22  Student assessment program for public schools.-
933     (3)  STATEWIDE ASSESSMENT PROGRAM.-The commissioner shall
934design and implement a statewide program of educational
935assessment that provides information for the improvement of the
936operation and management of the public schools, including
937schools operating for the purpose of providing educational
938services to youth in Department of Juvenile Justice programs.
939The commissioner may enter into contracts for the continued
940administration of the assessment, testing, and evaluation
941programs authorized and funded by the Legislature. Contracts may
942be initiated in 1 fiscal year and continue into the next and may
943be paid from the appropriations of either or both fiscal years.
944The commissioner is authorized to negotiate for the sale or
945lease of tests, scoring protocols, test scoring services, and
946related materials developed pursuant to law. Pursuant to the
947statewide assessment program, the commissioner shall:
948     (g)  Beginning with the 2014-2015 school year, all
949statewide end-of-course assessments shall be administered
950online. Study the cost and student achievement impact of
951secondary end-of-course assessments, including web-based and
952performance formats, and report to the Legislature prior to
953implementation.
954     Section 9.  Paragraph (c) of subsection (1) of section
9551011.61, Florida Statutes, is amended to read:
956     1011.61  Definitions.-Notwithstanding the provisions of s.
9571000.21, the following terms are defined as follows for the
958purposes of the Florida Education Finance Program:
959     (1)  A "full-time equivalent student" in each program of
960the district is defined in terms of full-time students and part-
961time students as follows:
962     (c)1.  A "full-time equivalent student" is:
963     a.  A full-time student in any one of the programs listed
964in s. 1011.62(1)(c); or
965     b.  A combination of full-time or part-time students in any
966one of the programs listed in s. 1011.62(1)(c) which is the
967equivalent of one full-time student based on the following
968calculations:
969     (I)  A full-time student, except a postsecondary or adult
970student or a senior high school student enrolled in adult
971education when such courses are required for high school
972graduation, in a combination of programs listed in s.
9731011.62(1)(c) shall be a fraction of a full-time equivalent
974membership in each special program equal to the number of net
975hours per school year for which he or she is a member, divided
976by the appropriate number of hours set forth in subparagraph
977(a)1. or subparagraph (a)2. The difference between that fraction
978or sum of fractions and the maximum value as set forth in
979subsection (4) for each full-time student is presumed to be the
980balance of the student's time not spent in such special
981education programs and shall be recorded as time in the
982appropriate basic program.
983     (II)  A prekindergarten handicapped student shall meet the
984requirements specified for kindergarten students.
985     (III)  A full-time equivalent student for students in
986kindergarten through grade 5 in a school district virtual
987instruction program under s. 1002.45 or a virtual charter school
988under s. 1002.33 shall consist of a student who has successfully
989completed a basic program listed in s. 1011.62(1)(c)1.a. or b.,
990and who is promoted to a higher grade level.
991     (IV)  A full-time equivalent student for students in grades
9926 through 12 in a school district virtual instruction program
993under s. 1002.45(1)(b)1., and 2., or 3. or a virtual charter
994school under s. 1002.33 shall consist of six full credit
995completions in programs listed in s. 1011.62(1)(c)1.b. or c. and
9963. Credit completions may can be a combination of full-credit
997courses or half-credit courses either full credits or half
998credits. Beginning in the 2014-2015 fiscal year, when s.
9991008.22(3)(g) is implemented, the reported full-time equivalent
1000students and associated funding of students enrolled in courses
1001requiring passage of an end-of-course assessment shall be
1002adjusted after the student completes the end-of-course
1003assessment.
1004     (V)  A Florida Virtual School full-time equivalent student
1005shall consist of six full credit completions or the prescribed
1006level of content that counts toward promotion to the next grade
1007in the programs listed in s. 1011.62(1)(c)1.a. and b. for
1008kindergarten grades 6 through grade 8 and the programs listed in
1009s. 1011.62(1)(c)1.c. for grades 9 through 12. Credit completions
1010may can be a combination of full-credit courses or half-credit
1011courses either full credits or half credits. Beginning in the
10122014-2015 fiscal year, when s. 1008.22(3)(g) is implemented, the
1013reported full-time equivalent students and associated funding of
1014students enrolled in courses requiring passage of an end-of-
1015course assessment shall be adjusted after the student completes
1016the end-of-course assessment.
1017     (VI)  Each successfully completed full-credit course earned
1018through an online course delivered by a district other than the
1019one in which the student resides shall be calculated as 1/6 FTE.
1020     (VII)(VI)  Each successfully completed credit earned under
1021the alternative high school course credit requirements
1022authorized in s. 1002.375, which is not reported as a portion of
1023the 900 net hours of instruction pursuant to subparagraph
1024(1)(a)1., shall be calculated as 1/6 FTE.
1025     2.  A student in membership in a program scheduled for more
1026or less than 180 school days or the equivalent on an hourly
1027basis as specified by rules of the State Board of Education is a
1028fraction of a full-time equivalent membership equal to the
1029number of instructional hours in membership divided by the
1030appropriate number of hours set forth in subparagraph (a)1.;
1031however, for the purposes of this subparagraph, membership in
1032programs scheduled for more than 180 days is limited to students
1033enrolled in juvenile justice education programs and the Florida
1034Virtual School.
1035
1036The department shall determine and implement an equitable method
1037of equivalent funding for experimental schools and for schools
1038operating under emergency conditions, which schools have been
1039approved by the department to operate for less than the minimum
1040school day.
1041     Section 10.  Section 1012.57, Florida Statutes, is amended
1042to read:
1043     1012.57  Certification of adjunct educators.-
1044     (1)  Notwithstanding the provisions of ss. 1012.32,
10451012.55, and 1012.56, or any other provision of law or rule to
1046the contrary, district school boards shall adopt rules to allow
1047for the issuance of an adjunct teaching certificate to any
1048applicant who fulfills the requirements of s. 1012.56(2)(a)-(f)
1049and (10) and who has expertise in the subject area to be taught.
1050An applicant shall be considered to have expertise in the
1051subject area to be taught if the applicant demonstrates
1052sufficient subject area mastery through passage of a subject
1053area test. The adjunct teaching certificate shall be used for
1054part-time teaching positions.
1055     (2)  The Legislature intends that this section intent of
1056this provision is to allow school districts to tap the wealth of
1057talent and expertise represented in Florida's citizens who may
1058wish to teach part-time in a Florida public school by permitting
1059school districts to issue adjunct certificates to qualified
1060applicants.
1061     (3)  Adjunct certificateholders should be used as a
1062strategy to enhance the diversity of course offerings offered to
1063all students. School districts may use the expertise of
1064individuals in the state who wish to provide online instruction
1065to students by issuing adjunct certificates to qualified
1066applicants reduce the teacher shortage; thus, adjunct
1067certificateholders should supplement a school's instructional
1068staff, not supplant it. Each school principal shall assign an
1069experienced peer mentor to assist the adjunct teaching
1070certificateholder during the certificateholder's first year of
1071teaching, and an adjunct certificateholder may participate in a
1072district's new teacher training program. District school boards
1073shall provide the adjunct teaching certificateholder an
1074orientation in classroom management prior to assigning the
1075certificateholder to a school.
1076     (4)  Each adjunct teaching certificate is valid through the
1077term of the annual contract between the educator and the school
1078district. Additional annual certifications and annual contracts
1079may be awarded by the district at the district's discretion but
1080only for 5 school years and is renewable if the applicant is
1081rated effective or highly effective under s. 1012.34 has
1082received satisfactory performance evaluations during each year
1083of teaching under adjunct teaching certification.
1084     (5)(2)  Individuals who are certified and employed under
1085this section shall have the same rights and protection of laws
1086as teachers certified under s. 1012.56.
1087     Section 11.  Subsection (1) of section 1000.04, Florida
1088Statutes, is amended to read:
1089     1000.04  Components for the delivery of public education
1090within the Florida K-20 education system.-Florida's K-20
1091education system provides for the delivery of public education
1092through publicly supported and controlled K-12 schools,
1093community colleges, state universities and other postsecondary
1094educational institutions, other educational institutions, and
1095other educational services as provided or authorized by the
1096Constitution and laws of the state.
1097     (1)  PUBLIC K-12 SCHOOLS.-The public K-12 schools include
1098charter schools and consist of kindergarten classes; elementary,
1099middle, and high school grades and special classes; school
1100district virtual instruction programs; workforce education;
1101career centers; adult, part-time, and evening schools, courses,
1102or classes, as authorized by law to be operated under the
1103control of district school boards; and lab schools operated
1104under the control of state universities.
1105     Section 12.  Paragraph (a) of subsection (6) of section
11061002.20, Florida Statutes, is amended to read:
1107     1002.20  K-12 student and parent rights.-Parents of public
1108school students must receive accurate and timely information
1109regarding their child's academic progress and must be informed
1110of ways they can help their child to succeed in school. K-12
1111students and their parents are afforded numerous statutory
1112rights including, but not limited to, the following:
1113     (6)  EDUCATIONAL CHOICE.-
1114     (a)  Public school choices.-Parents of public school
1115students may seek whatever public school choice options that are
1116applicable to their students and are available to students in
1117their school districts. These options may include controlled
1118open enrollment, single-gender programs, lab schools, school
1119district virtual instruction programs, charter schools, charter
1120technical career centers, magnet schools, alternative schools,
1121special programs, advanced placement, dual enrollment,
1122International Baccalaureate, International General Certificate
1123of Secondary Education (pre-AICE), Advanced International
1124Certificate of Education, early admissions, credit by
1125examination or demonstration of competency, the New World School
1126of the Arts, the Florida School for the Deaf and the Blind, and
1127the Florida Virtual School. These options may also include the
1128public school choice options of the Opportunity Scholarship
1129Program and the McKay Scholarships for Students with
1130Disabilities Program.
1131     Section 13.  Paragraph (b) of subsection (3) of section
11321003.03, Florida Statutes, is amended to read:
1133     1003.03  Maximum class size.-
1134     (3)  IMPLEMENTATION OPTIONS.-District school boards must
1135consider, but are not limited to, implementing the following
1136items in order to meet the constitutional class size maximums
1137described in subsection (1):
1138     (b)  Adopt policies to encourage students to take courses
1139from the Florida Virtual School and other school district
1140virtual instruction options under s. 1002.45 programs.
1141     Section 14.  By December 1, 2011, the Department of
1142Education shall submit a report to the Governor, the President
1143of the Senate, and the Speaker of the House of Representatives
1144which identifies and explains the best methods and strategies by
1145which the department can assist district school boards in
1146acquiring digital learning at the most reasonable prices
1147possible and provides a plan under which district school boards
1148may voluntarily pool their bids for such purchases. The report
1149shall identify criteria that will enable district school boards
1150to differentiate between the level of service and pricing based
1151upon factors such as the level of student support, the frequency
1152of teacher-student communications, instructional accountability
1153standards, and academic integrity. The report shall also include
1154ways to increase student access to digital learning, including
1155identification and analysis of the best methods and strategies
1156for implementing part-time virtual education in kindergarten
1157through grade 5.
1158     Section 15.  This act shall take effect July 1, 2011.


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