HB 831

1	A bill to be entitled
2	An act relating to virtual instruction for students
3	with disabilities; amending s. 1002.321, F.S.;
4	providing that digital learning should provide access
5	to online courses with reasonable and allowable
6	accommodations for using assistive technology;
7	amending s. 1002.33, F.S.; requiring charter school
8	applications to include a description of online
9	courses with reasonable and allowable accommodations
10	that will be used in reading instruction; including
11	the use of assistive technology devices as a basis for
12	the approval of a charter; amending s. 1002.45, F.S.;
13	providing additional requirements for the approval of
14	virtual instruction program providers by the
15	Department of Education with respect to the offering
16	of reasonable and allowable accommodations for
17	students with disabilities; amending s. 1002.455,
18	F.S.; providing that certain students with
19	disabilities are eligible to participate in virtual
20	instruction; providing an effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  Paragraph (b) of subsection (2) of section
25	1002.321, Florida Statutes, is amended to read:
26	1002.321  Digital learning.-
27	(2)  ELEMENTS OF HIGH-QUALITY DIGITAL LEARNING.-The
28	Legislature finds that each student should have access to a
29	high-quality digital learning environment that provides:
30	(b)  Access to high-quality digital content and online
31	courses, including online courses with reasonable and allowable
32	accommodations for using assistive technology.
33	Section 2.  Paragraph (a) of subsection (6) and paragraph
34	(a) of subsection (7) of section 1002.33, Florida Statutes, are
35	amended to read:
36	1002.33  Charter schools.-
37	(6)  APPLICATION PROCESS AND REVIEW.-Charter school
38	applications are subject to the following requirements:
39	(a)  A person or entity wishing to open a charter school
40	shall prepare and submit an application on a model application
41	form prepared by the Department of Education which:
42	1.  Demonstrates how the school will use the guiding
43	principles and meet the statutorily defined purpose of a charter
44	school.
45	2.  Provides a detailed curriculum plan that illustrates
46	how students will be provided services to attain the Sunshine
47	State Standards.
48	3.  Contains goals and objectives for improving student
49	learning and measuring that improvement. These goals and
50	objectives must indicate how much academic improvement students
51	are expected to show each year, how success will be evaluated,
52	and the specific results to be attained through instruction.
53	4.  Describes the reading curriculum, and differentiated
54	strategies, and online courses with reasonable and allowable
55	accommodations that will be used for students reading at grade
56	level or higher and a separate curriculum and strategies and
57	online courses with reasonable and allowable accommodations for
58	students who are reading below grade level. A sponsor shall deny
59	a charter if the school does not propose a reading curriculum
60	that is consistent with effective teaching strategies that are
61	grounded in scientifically based reading research.
62	5.  Contains an annual financial plan for each year
63	requested by the charter for operation of the school for up to 5
64	years. This plan must contain anticipated fund balances based on
65	revenue projections, a spending plan based on projected revenues
66	and expenses, and a description of controls that will safeguard
67	finances and projected enrollment trends.
68	6.  Documents that the applicant has participated in the
69	training required in subparagraph (f)2. A sponsor may require an
70	applicant to provide additional information as an addendum to
71	the charter school application described in this paragraph.
72	7.  For the establishment of a virtual charter school,
73	documents that the applicant has contracted with a provider of
74	virtual instruction services pursuant to s. 1002.45(1)(d).
75	(7)  CHARTER.-The major issues involving the operation of a
76	charter school shall be considered in advance and written into
77	the charter. The charter shall be signed by the governing board
78	of the charter school and the sponsor, following a public
79	hearing to ensure community input.
80	(a)  The charter shall address and criteria for approval of
81	the charter shall be based on:
82	1.  The school's mission, the students to be served, and
83	the ages and grades to be included.
84	2.  The focus of the curriculum, the instructional methods
85	to be used, any distinctive instructional techniques to be
86	employed, and identification and acquisition of appropriate
87	technologies, including assistive technology devices such as
88	screen readers, keyboard-enabled interfaces and graphic
89	elements, and open captions, needed to improve educational and
90	administrative performance which include a means for promoting
91	safe, ethical, and appropriate uses of technology which comply
92	with legal and professional standards.
93	a.  The charter shall ensure that reading is a primary
94	focus of the curriculum and that reasonable and allowable
95	accommodations and resources are provided to identify and
96	provide specialized instruction for students who are reading
97	below grade level, including students with disabilities who have
98	an individual education plan or a 504 accommodation plan issued
99	under s. 504 of the Rehabilitation Act of 1973. The curriculum
100	and instructional strategies for reading must be consistent with
101	the Sunshine State Standards and grounded in scientifically
102	based reading research.
103	b.  In order to provide students with access to diverse
104	instructional delivery models, to facilitate the integration of
105	technology within traditional classroom instruction, and to
106	provide students with the skills they need to compete in the
107	21st century economy, the Legislature encourages instructional
108	methods for blended learning courses consisting of both
109	traditional classroom and online instructional techniques.
110	Charter schools may implement blended learning courses which
111	combine traditional classroom instruction and virtual
112	instruction. Students in a blended learning course must be full-
113	time students of the charter school and receive the online
114	instruction in a classroom setting at the charter school.
115	Instructional personnel certified pursuant to s. 1012.55 who
116	provide virtual instruction for blended learning courses may be
117	employees of the charter school or may be under contract to
118	provide instructional services to charter school students. At a
119	minimum, such instructional personnel must hold an active state
120	or school district adjunct certification under s. 1012.57 for
121	the subject area of the blended learning course. The funding and
122	performance accountability requirements for blended learning
123	courses are the same as those for traditional courses.
124	3.  The current incoming baseline standard of student
125	academic achievement, the outcomes to be achieved, and the
126	method of measurement that will be used. The criteria listed in
127	this subparagraph shall include a detailed description of:
128	a.  How the baseline student academic achievement levels
129	and prior rates of academic progress will be established.
130	b.  How these baseline rates will be compared to rates of
131	academic progress achieved by these same students while
132	attending the charter school.
133	c.  To the extent possible, how these rates of progress
134	will be evaluated and compared with rates of progress of other
135	closely comparable student populations.
136
137	The district school board is required to provide academic
138	student performance data to charter schools for each of their
139	students coming from the district school system, as well as
140	rates of academic progress of comparable student populations in
141	the district school system.
142	4.  The methods used to identify the educational strengths
143	and needs of students and how well educational goals and
144	performance standards are met by students attending the charter
145	school. The methods shall provide a means for the charter school
146	to ensure accountability to its constituents by analyzing
147	student performance data and by evaluating the effectiveness and
148	efficiency of its major educational programs. Students in
149	charter schools shall, at a minimum, participate in the
150	statewide assessment program created under s. 1008.22.
151	5.  In secondary charter schools, a method for determining
152	that a student has satisfied the requirements for graduation in
153	s. 1003.428, s. 1003.429, or s. 1003.43.
154	6.  A method for resolving conflicts between the governing
155	board of the charter school and the sponsor.
156	7.  The admissions procedures and dismissal procedures,
157	including the school's code of student conduct.
158	8.  The ways by which the school will achieve a
159	racial/ethnic balance reflective of the community it serves or
160	within the racial/ethnic range of other public schools in the
161	same school district.
162	9.  The financial and administrative management of the
163	school, including a reasonable demonstration of the professional
164	experience or competence of those individuals or organizations
165	applying to operate the charter school or those hired or
166	retained to perform such professional services and the
167	description of clearly delineated responsibilities and the
168	policies and practices needed to effectively manage the charter
169	school. A description of internal audit procedures and
170	establishment of controls to ensure that financial resources are
171	properly managed must be included. Both public sector and
172	private sector professional experience shall be equally valid in
173	such a consideration.
174	10.  The asset and liability projections required in the
175	application which are incorporated into the charter and shall be
176	compared with information provided in the annual report of the
177	charter school.
178	11.  A description of procedures that identify various
179	risks and provide for a comprehensive approach to reduce the
180	impact of losses; plans to ensure the safety and security of
181	students and staff; plans to identify, minimize, and protect
182	others from violent or disruptive student behavior; and the
183	manner in which the school will be insured, including whether or
184	not the school will be required to have liability insurance,
185	and, if so, the terms and conditions thereof and the amounts of
186	coverage.
187	12.  The term of the charter which shall provide for
188	cancellation of the charter if insufficient progress has been
189	made in attaining the student achievement objectives of the
190	charter and if it is not likely that such objectives can be
191	achieved before expiration of the charter. The initial term of a
192	charter shall be for 4 or 5 years. In order to facilitate access
193	to long-term financial resources for charter school
194	construction, charter schools that are operated by a
195	municipality or other public entity as provided by law are
196	eligible for up to a 15-year charter, subject to approval by the
197	district school board. A charter lab school is eligible for a
198	charter for a term of up to 15 years. In addition, to facilitate
199	access to long-term financial resources for charter school
200	construction, charter schools that are operated by a private,
201	not-for-profit, s. 501(c)(3) status corporation are eligible for
202	up to a 15-year charter, subject to approval by the district
203	school board. Such long-term charters remain subject to annual
204	review and may be terminated during the term of the charter, but
205	only according to the provisions set forth in subsection (8).
206	13.  The facilities to be used and their location.
207	14.  The qualifications to be required of the teachers and
208	the potential strategies used to recruit, hire, train, and
209	retain qualified staff to achieve best value.
210	15.  The governance structure of the school, including the
211	status of the charter school as a public or private employer as
212	required in paragraph (12)(i).
213	16.  A timetable for implementing the charter which
214	addresses the implementation of each element thereof and the
215	date by which the charter shall be awarded in order to meet this
216	timetable.
217	17.  In the case of an existing public school that is being
218	converted to charter status, alternative arrangements for
219	current students who choose not to attend the charter school and
220	for current teachers who choose not to teach in the charter
221	school after conversion in accordance with the existing
222	collective bargaining agreement or district school board rule in
223	the absence of a collective bargaining agreement. However,
224	alternative arrangements shall not be required for current
225	teachers who choose not to teach in a charter lab school, except
226	as authorized by the employment policies of the state university
227	which grants the charter to the lab school.
228	18.  Full disclosure of the identity of all relatives
229	employed by the charter school who are related to the charter
230	school owner, president, chairperson of the governing board of
231	directors, superintendent, governing board member, principal,
232	assistant principal, or any other person employed by the charter
233	school who has equivalent decisionmaking authority. For the
234	purpose of this subparagraph, the term "relative" means father,
235	mother, son, daughter, brother, sister, uncle, aunt, first
236	cousin, nephew, niece, husband, wife, father-in-law, mother-in-
237	law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
238	stepfather, stepmother, stepson, stepdaughter, stepbrother,
239	stepsister, half brother, or half sister.
240	19.  Implementation of the activities authorized under s.
241	1002.331 by the charter school when it satisfies the eligibility
242	requirements for a high-performing charter school. A high-
243	performing charter school shall notify its sponsor in writing by
244	March 1 if it intends to increase enrollment or expand grade
245	levels the following school year. The written notice shall
246	specify the amount of the enrollment increase and the grade
247	levels that will be added, as applicable.
248	Section 3.  Paragraph (a) of subsection (2) of section
249	1002.45, Florida Statutes, is amended to read:
250	1002.45  Virtual instruction programs.-
251	(2)  PROVIDER QUALIFICATIONS.-
252	(a)  The department shall annually publish online a list of
253	providers approved to offer virtual instruction programs. To be
254	approved by the department, a provider must document that it:
255	1.  Is nonsectarian in its programs, admission policies,
256	employment practices, and operations;
257	2.  Complies with the antidiscrimination provisions of s.
258	1000.05;
259	3.  Locates an administrative office or offices in this
260	state, requires its administrative staff to be state residents,
261	requires all instructional staff to be Florida-certified
262	teachers under chapter 1012, and conducts background screenings
263	for all employees or contracted personnel, as required by s.
264	1012.32, using state and national criminal history records;
265	4.  Possesses prior, successful experience offering online
266	courses, including online courses with reasonable and allowable
267	accommodations for students with disabilities, to elementary,
268	middle, or high school students as demonstrated by quantified
269	student learning gains in each subject area and grade level
270	provided for consideration as an instructional program option;
271	5.  Is accredited by a regional accrediting association as
272	defined by State Board of Education rule;
273	6.  Ensures instructional and curricular quality through a
274	detailed curriculum, reasonable and allowable accommodations for
275	students with disabilities, and a student performance
276	accountability plan that addresses every subject and grade level
277	it intends to provide through contract with the school district,
278	including:
279	a.  Courses and programs that meet the standards of the
280	International Association for K-12 Online Learning and the
281	Southern Regional Education Board.
282	b.  Instructional content and services that align with, and
283	measure student attainment of, student proficiency in the Next
284	Generation Sunshine State Standards.
285	c.  Mechanisms that determine and ensure that a student has
286	satisfied requirements for grade level promotion and high school
287	graduation with a standard diploma, as appropriate;
288	7.  Publishes for the general public, in accordance with
289	disclosure requirements adopted in rule by the State Board of
290	Education, as part of its application as a provider and in all
291	contracts negotiated pursuant to this section:
292	a.  Information and data about the curriculum of each full-
293	time and part-time program.
294	b.  School policies and procedures.
295	c.  Certification status and physical location of all
296	administrative and instructional personnel.
297	d.  Hours and times of availability of instructional
298	personnel.
299	e.  Student-teacher ratios.
300	f.  Student completion and promotion rates.
301	g.  Student, educator, and school performance
302	accountability outcomes; and
303	8.  If the provider is a Florida College System
304	institution, employs instructors who meet the certification
305	requirements for instructional staff under chapter 1012.
306	Section 4.  Subsection (2) of section 1002.455, Florida
307	Statutes, is amended to read:
308	1002.455  Student eligibility for K-12 virtual
309	instruction.-
310	(2)  A student is eligible to participate in virtual
311	instruction if:
312	(a)  The student spent the prior school year in attendance
313	at a public school in the state and was enrolled and reported by
314	the school district for funding during October and February for
315	purposes of the Florida Education Finance Program surveys;
316	(b)  The student is a dependent child of a member of the
317	United States Armed Forces who was transferred within the last
318	12 months to this state from another state or from a foreign
319	country pursuant to a permanent change of station order;
320	(c)  The student was enrolled during the prior school year
321	in a virtual instruction program under s. 1002.45, the K-8
322	Virtual School Program under s. 1002.415, or a full-time Florida
323	Virtual School program under s. 1002.37(8)(a);
324	(d)  The student has a sibling who is currently enrolled in
325	a virtual instruction program and the sibling was enrolled in
326	that program at the end of the prior school year; or
327	(e)  The student is eligible to enter kindergarten or first
328	grade; or
329	(f)  The student is a student with a disability who has an
330	individual education plan or a 504 accommodation plan issued
331	under s. 504 of the Rehabilitation Act of 1973 and who can
332	access virtual instruction with reasonable and allowable
333	accommodations.
334	Section 5.  This act shall take effect July 1, 2012.

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