Florida Senate - 2017                                     SB 692
       By Senator Baxley
       12-00379A-17                                           2017692__
    1                        A bill to be entitled                      
    2         An act relating to student eligibility for K-12
    3         virtual instruction; amending s. 1002.37, F.S.;
    4         revising eligibility requirements for specified
    5         students to receive part-time instruction at the
    6         Florida Virtual School; removing provisions requiring
    7         the Auditor General to conduct an operational audit of
    8         the Florida Virtual School; amending s. 1002.455,
    9         F.S.; authorizing all students, including home
   10         education and private school students, to participate
   11         in specified virtual instruction options; deleting the
   12         eligibility criteria for a student to participate in
   13         virtual instruction; amending s. 1003.4282, F.S.;
   14         revising the options that a district school board or
   15         charter school governing board may offer for a student
   16         to satisfy certain online course requirements;
   17         amending ss. 1002.33, 1002.45, 1003.498, and 1011.62,
   18         F.S.; conforming provisions and cross-references to
   19         changes made by the act; providing an effective date.
   21  Be It Enacted by the Legislature of the State of Florida:
   23         Section 1. Paragraph (a) of subsection (8) and subsection
   24  (11) of section 1002.37, Florida Statutes, are amended to read:
   25         1002.37 The Florida Virtual School.—
   26         (8)(a) The Florida Virtual School may provide full-time and
   27  part-time instruction for students in kindergarten through grade
   28  12. To receive part-time instruction in kindergarten through
   29  grade 5, a student must meet at least one of the eligibility
   30  criteria in s. 1002.455(2).
   31         (11)The Auditor General shall conduct an operational audit
   32  of the Florida Virtual School, including Florida Virtual School
   33  Global. The scope of the audit shall include, but not be limited
   34  to, the administration of responsibilities relating to
   35  personnel; procurement and contracting; revenue production;
   36  school funds, including internal funds; student enrollment
   37  records; franchise agreements; information technology
   38  utilization, assets, and security; performance measures and
   39  standards; and accountability. The final report on the audit
   40  shall be submitted to the President of the Senate and the
   41  Speaker of the House of Representatives no later than January
   42  31, 2014.
   43         Section 2. Section 1002.455, Florida Statutes, is amended
   44  to read:
   45         1002.455 Student eligibility for K-12 virtual instruction.—
   46         (1)All students, including home education and private
   47  school students, are eligible to participate in any of the
   48  following A student may participate in virtual instruction in
   49  the school district in which he or she resides if the student
   50  meets the eligibility criteria in subsection (2).
   51         (2) A student is eligible to participate in virtual
   52  instruction if:
   53         (a) The student spent the prior school year in attendance
   54  at a public school in the state and was enrolled and reported by
   55  the school district for funding during October and February for
   56  purposes of the Florida Education Finance Program surveys;
   57         (b) The student is a dependent child of a member of the
   58  United States Armed Forces who was transferred within the last
   59  12 months to this state from another state or from a foreign
   60  country pursuant to a permanent change of station order;
   61         (c) The student was enrolled during the prior school year
   62  in a virtual instruction program under s. 1002.45 or a full-time
   63  Florida Virtual School program under s. 1002.37(8)(a);
   64         (d) The student has a sibling who is currently enrolled in
   65  a virtual instruction program and the sibling was enrolled in
   66  that program at the end of the prior school year;
   67         (e) The student is eligible to enter kindergarten or first
   68  grade; or
   69         (f) The student is eligible to enter grades 2 through 5 and
   70  is enrolled full-time in a school district virtual instruction
   71  program, virtual charter school, or the Florida Virtual School.
   72         (3)The virtual instruction options for which this
   73  eligibility section applies include:
   74         (1)(a) School district operated part-time or full-time
   75  kindergarten through grade 12 virtual instruction programs under
   76  s. 1002.45(1)(b) for students enrolled in the school district.
   77         (2)(b) Full-time virtual charter school instruction
   78  authorized under s. 1002.33.
   79         (3)(c) Virtual courses offered in the course code directory
   80  to students within the school district or to students in other
   81  school districts throughout the state pursuant to s. 1003.498.
   82         (4) Florida Virtual School instructional services
   83  authorized under s. 1002.37.
   84         Section 3. Paragraph (b) of subsection (4) of section
   85  1003.4282, Florida Statutes, is amended to read:
   86         1003.4282 Requirements for a standard high school diploma.—
   87         (4) ONLINE COURSE REQUIREMENT.—At least one course within
   88  the 24 credits required under this section must be completed
   89  through online learning.
   90         (b) A district school board or a charter school governing
   91  board, as applicable, may allow a student offer students the
   92  following options to satisfy the online course requirements of
   93  this subsection by completing:
   94         1. Completion of a course in which the a student earns a
   95  nationally recognized industry certification in information
   96  technology that is identified on the CAPE Industry Certification
   97  Funding List pursuant to s. 1008.44 or passing passage of the
   98  information technology certification examination without
   99  enrolling enrollment in or completing completion of the
  100  corresponding course or courses, as applicable.
  101         2. Passage of an online content assessment, without
  102  enrollment in or completion of the corresponding course or
  103  courses, as applicable, by which the student demonstrates skills
  104  and competency in locating information and applying technology
  105  for instructional purposes.
  107  For purposes of this subsection, a school district may not
  108  require a student to take the online course outside the school
  109  day or in addition to a student’s courses for a given semester.
  110  This subsection does not apply to a student who has an
  111  individual education plan under s. 1003.57 which indicates that
  112  an online course would be inappropriate or to an out-of-state
  113  transfer student who is enrolled in a Florida high school and
  114  has 1 academic year or less remaining in high school.
  115         Section 4. Subsection (1) of section 1002.33, Florida
  116  Statutes, is amended to read:
  117         1002.33 Charter schools.—
  118         (1) AUTHORIZATION.—Charter schools shall be part of the
  119  state’s program of public education. All charter schools in
  120  Florida are public schools. A charter school may be formed by
  121  creating a new school or converting an existing public school to
  122  charter status. A charter school may operate a virtual charter
  123  school pursuant to s. 1002.45(1)(d) to provide full-time online
  124  instruction to eligible students, pursuant to s. 1002.455, in
  125  kindergarten through grade 12. An existing charter school that
  126  is seeking to become a virtual charter school must amend its
  127  charter or submit a new application pursuant to subsection (6)
  128  to become a virtual charter school. A virtual charter school is
  129  subject to the requirements of this section; however, a virtual
  130  charter school is exempt from subsections (18) and (19),
  131  subparagraphs (20)(a)2., 4., 5., and 7., paragraph (20)(c), and
  132  s. 1003.03. A public school may not use the term charter in its
  133  name unless it has been approved under this section.
  134         Section 5. Subsection (5) of section 1002.45, Florida
  135  Statutes, is amended to read:
  136         1002.45 Virtual instruction programs.—
  137         (5) STUDENT ELIGIBILITY.—A student may enroll in a virtual
  138  instruction program provided by the school district or by a
  139  virtual charter school operated in the district in which he or
  140  she resides if the student meets eligibility requirements for
  141  virtual instruction pursuant to s. 1002.455.
  142         Section 6. Subsection (2) of section 1003.498, Florida
  143  Statutes, is amended to read:
  144         1003.498 School district virtual course offerings.—
  145         (2) School districts may offer virtual courses for students
  146  enrolled in the school district. These courses must be
  147  identified in the course code directory. Students who meet the
  148  eligibility requirements of s. 1002.455 may participate in these
  149  virtual course offerings pursuant to s. 1002.455.
  150         (a) Any eligible student who is enrolled in a school
  151  district may register and enroll in an online course offered by
  152  his or her school district.
  153         (b)1. Any eligible student who is enrolled in a school
  154  district may register and enroll in an online course offered by
  155  any other school district in the state. The school district in
  156  which the student completes the course shall report the
  157  student’s completion of that course for funding pursuant to s.
  158  1011.61(1)(c)1.b.(VI), and the home school district shall not
  159  report the student for funding for that course.
  160         2. The full-time equivalent student membership calculated
  161  under this subsection is subject to the requirements in s.
  162  1011.61(4). The Department of Education shall establish
  163  procedures to enable interdistrict coordination for the delivery
  164  and funding of this online option.
  165         Section 7. Subsection (11) of section 1011.62, Florida
  166  Statutes, is amended to read:
  167         1011.62 Funds for operation of schools.—If the annual
  168  allocation from the Florida Education Finance Program to each
  169  district for operation of schools is not determined in the
  170  annual appropriations act or the substantive bill implementing
  171  the annual appropriations act, it shall be determined as
  172  follows:
  173         (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may
  174  annually provide in the Florida Education Finance Program a
  175  virtual education contribution. The amount of the virtual
  176  education contribution shall be the difference between the
  177  amount per FTE established in the General Appropriations Act for
  178  virtual education and the amount per FTE for each district and
  179  the Florida Virtual School, which may be calculated by taking
  180  the sum of the base FEFP allocation, the discretionary local
  181  effort, the state-funded discretionary contribution, the
  182  discretionary millage compression supplement, the research-based
  183  reading instruction allocation, and the instructional materials
  184  allocation, and then dividing by the total unweighted FTE. This
  185  difference shall be multiplied by the virtual education
  186  unweighted FTE for programs and options identified in s.
  187  1002.455 s. 1002.455(3) and the Florida Virtual School and its
  188  franchises to equal the virtual education contribution and shall
  189  be included as a separate allocation in the funding formula.
  190         Section 8. This act shall take effect July 1, 2017.