Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS/HB 833, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .                                
             05/04/2017 05:06 PM       .                                

       Senator Galvano moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 26 - 221
    4  and insert:
    5         Section 1. Upon the expiration and reversion of the
    6  amendment to section 11.45, Florida Statutes, pursuant to
    7  section 36 of chapter 2016-62, Laws of Florida, paragraph (d) of
    8  subsection (2) of section 11.45, Florida Statutes, is amended to
    9  read:
   10         11.45 Definitions; duties; authorities; reports; rules.—
   11         (2) DUTIES.—The Auditor General shall:
   12         (d) Annually conduct financial audits of the accounts and
   13  records of all district school boards in counties with
   14  populations of fewer than 150,000, according to the most recent
   15  federal decennial statewide census, and the Florida School for
   16  the Deaf and the Blind.
   18  The Auditor General shall perform his or her duties
   19  independently but under the general policies established by the
   20  Legislative Auditing Committee. This subsection does not limit
   21  the Auditor General’s discretionary authority to conduct other
   22  audits or engagements of governmental entities as authorized in
   23  subsection (3).
   24         Section 2. Subsection (2) of section 413.011, Florida
   25  Statutes, is amended to read:
   26         413.011 Division of Blind Services, legislative policy,
   27  intent; internal organizational structure and powers;
   28  Rehabilitation Council for the Blind.—
   29         (2) PROGRAM OF SERVICES.—
   30         (a) It is the intent of the Legislature to establish a
   31  coordinated program of services which will be available to
   32  individuals throughout this state who are blind. The program
   33  must be designed to maximize employment opportunities for such
   34  individuals and to increase their independence and self
   35  sufficiency.
   36         (b) A client of the division who is participating in on
   37  the-job training shall be deemed an employee of the state for
   38  purposes of workers’ compensation coverage.
   39         Section 3. Section 413.209, Florida Statutes, is created to
   40  read:
   41         413.209 Workers’ compensation coverage for clients in on
   42  the-job training.—A client of the Division of Vocational
   43  Rehabilitation of the Department of Education who is
   44  participating in on-the-job training as a vocational
   45  rehabilitation service shall be deemed an employee of the state
   46  for purposes of workers’ compensation coverage.
   47         Section 4. Subsection (8) is added to section 1001.10,
   48  Florida Statutes, to read:
   49         1001.10 Commissioner of Education; general powers and
   50  duties.—
   51         (8) In the event of an emergency, the commissioner may
   52  coordinate through the most appropriate means of communication
   53  with local school districts, Florida College System
   54  institutions, and satellite offices of the Division of Blind
   55  Services and the Division of Vocational Rehabilitation to assess
   56  the need for resources and assistance to enable each school,
   57  institution, or satellite office the ability to reopen as soon
   58  as possible after considering the health, safety, and welfare of
   59  students and clients.
   60         Section 5. Subsection (1) of section 1002.33, Florida
   61  Statutes, is amended to read:
   62         1002.33 Charter schools.—
   63         (1) AUTHORIZATION.—Charter schools shall be part of the
   64  state’s program of public education. All charter schools in
   65  Florida are public schools. A charter school may be formed by
   66  creating a new school or converting an existing public school to
   67  charter status. A charter school may operate a virtual charter
   68  school pursuant to s. 1002.45(1)(d) to provide full-time online
   69  instruction to eligible students, pursuant to s. 1002.455, in
   70  kindergarten through grade 12. The school district in which the
   71  student enrolls in the virtual charter school shall report the
   72  student for funding pursuant to s. 1011.61(1)(c)1.b.(VI), and
   73  the home school district shall not report the student for
   74  funding. An existing charter school that is seeking to become a
   75  virtual charter school must amend its charter or submit a new
   76  application pursuant to subsection (6) to become a virtual
   77  charter school. A virtual charter school is subject to the
   78  requirements of this section; however, a virtual charter school
   79  is exempt from subsections (18) and (19), subparagraphs
   80  (20)(a)2., 4., 5., and 7., paragraph (20)(c), and s. 1003.03. A
   81  public school may not use the term charter in its name unless it
   82  has been approved under this section.
   83         Section 6. Paragraph (a) of subsection (8) and subsection
   84  (11) of section 1002.37, Florida Statutes, are amended to read:
   85         1002.37 The Florida Virtual School.—
   86         (8)(a) The Florida Virtual School may provide full-time and
   87  part-time instruction for students in kindergarten through grade
   88  12. To receive part-time instruction in kindergarten through
   89  grade 5, a student must meet at least one of the eligibility
   90  criteria in s. 1002.455(2).
   91         (11)The Auditor General shall conduct an operational audit
   92  of the Florida Virtual School, including Florida Virtual School
   93  Global. The scope of the audit shall include, but not be limited
   94  to, the administration of responsibilities relating to
   95  personnel; procurement and contracting; revenue production;
   96  school funds, including internal funds; student enrollment
   97  records; franchise agreements; information technology
   98  utilization, assets, and security; performance measures and
   99  standards; and accountability. The final report on the audit
  100  shall be submitted to the President of the Senate and the
  101  Speaker of the House of Representatives no later than January
  102  31, 2014.
  103         Section 7. Subsection (5) and paragraph (b) of subsection
  104  (6) of section 1002.45, Florida Statutes, are amended to read:
  105         1002.45 Virtual instruction programs.—
  106         (5) STUDENT ELIGIBILITY.—A student may enroll in a virtual
  107  instruction program provided by the school district or by a
  108  virtual charter school operated in the district in which he or
  109  she resides if the student meets eligibility requirements for
  110  virtual instruction pursuant to s. 1002.455.
  111         (6) STUDENT PARTICIPATION REQUIREMENTS.—Each student
  112  enrolled in a virtual instruction program or virtual charter
  113  school must:
  114         (b) Take statewide assessments pursuant to s. 1008.22.
  115  Statewide assessments may be administered state assessment tests
  116  within the school district in which such student resides, or as
  117  specified in the contract in accordance with s. 1008.24(3). If
  118  requested by the approved provider or virtual charter school,
  119  the district of residence which must provide the student with
  120  access to the district’s testing facilities.
  121         Section 8. Section 1002.455, Florida Statutes, is amended
  122  to read:
  123         1002.455 Student eligibility for K-12 virtual instruction.—
  124         (1)All students, including home education and private
  125  school students, are eligible to participate in any of the
  126  following A student may participate in virtual instruction in
  127  the school district in which he or she resides if the student
  128  meets the eligibility criteria in subsection (2).
  129         (2)A student is eligible to participate in virtual
  130  instruction if:
  131         (a)The student spent the prior school year in attendance
  132  at a public school in the state and was enrolled and reported by
  133  the school district for funding during October and February for
  134  purposes of the Florida Education Finance Program surveys;
  135         (b)The student is a dependent child of a member of the
  136  United States Armed Forces who was transferred within the last
  137  12 months to this state from another state or from a foreign
  138  country pursuant to a permanent change of station order;
  139         (c)The student was enrolled during the prior school year
  140  in a virtual instruction program under s. 1002.45 or a full-time
  141  Florida Virtual School program under s. 1002.37(8)(a);
  142         (d)The student has a sibling who is currently enrolled in
  143  a virtual instruction program and the sibling was enrolled in
  144  that program at the end of the prior school year;
  145         (e)The student is eligible to enter kindergarten or first
  146  grade; or
  147         (f)The student is eligible to enter grades 2 through 5 and
  148  is enrolled full-time in a school district virtual instruction
  149  program, virtual charter school, or the Florida Virtual School.
  150         (3)The virtual instruction options for which this
  151  eligibility section applies include:
  152         (1)(a) School district operated part-time or full-time
  153  kindergarten through grade 12 virtual instruction programs under
  154  s. 1002.45(1)(b) for students enrolled in the school district.
  155         (2)(b) Full-time virtual charter school instruction
  156  authorized under s. 1002.33 to students within the school
  157  district or to students in other school districts throughout the
  158  state pursuant to s. 1002.31.
  159         (3)(c) Virtual courses offered in the course code directory
  160  to students within the school district or to students in other
  161  school districts throughout the state pursuant to s. 1003.498.
  162         (4)Florida Virtual School instructional services
  163  authorized under s. 1002.37.
  164         Section 9. Subsection (4) of section 1003.4282, Florida
  165  Statutes, is amended to read:
  166         1003.4282 Requirements for a standard high school diploma.—
  167         (4) ONLINE COURSE REQUIREMENT.—At least one course within
  168  the 24 credits required under this section must be completed
  169  through online learning.
  170         (a) An online course taken in grade 6, grade 7, or grade 8
  171  fulfills the requirements of this subsection. The requirement is
  172  met through an online course offered by the Florida Virtual
  173  School, a virtual education provider approved by the State Board
  174  of Education, a high school, or an online dual enrollment
  175  course. A student who is enrolled in a full-time or part-time
  176  virtual instruction program under s. 1002.45 meets the
  177  requirement.
  178         (b) A district school board or a charter school governing
  179  board, as applicable, may allow a student offer students the
  180  following options to satisfy the online course requirements of
  181  this subsection by completing a blended learning course or:
  182         1. Completion of a course in which the a student earns a
  183  nationally recognized industry certification in information
  184  technology that is identified on the CAPE Industry Certification
  185  Funding List pursuant to s. 1008.44 or passing passage of the
  186  information technology certification examination without
  187  enrolling enrollment in or completing completion of the
  188  corresponding course or courses, as applicable.
  189         2. Passage of an online content assessment, without
  190  enrollment in or completion of the corresponding course or
  191  courses, as applicable, by which the student demonstrates skills
  192  and competency in locating information and applying technology
  193  for instructional purposes.
  195  For purposes of this subsection, a school district may not
  196  require a student to take the online or blended learning course
  197  outside the school day or in addition to a student’s courses for
  198  a given semester. This subsection does not apply to a student
  199  who has an individual education plan under s. 1003.57 which
  200  indicates that an online or blended learning course would be
  201  inappropriate or to an out-of-state transfer student who is
  202  enrolled in a Florida high school and has 1 academic year or
  203  less remaining in high school.
  204         Section 10. Section 1003.481, Florida Statutes, is created
  205  to read:
  206         1003.481 Early Childhood Music Education Incentive Pilot
  207  Program.—
  208         (1) Beginning with the 2017-2018 school year, the Early
  209  Childhood Music Education Incentive Pilot Program is created
  210  within the Department of Education for a period of 3 school
  211  years. The purpose of the pilot program is to assist selected
  212  school districts in implementing comprehensive music education
  213  programs for students in kindergarten through grade 2.
  214         (2) In order for a school district to be eligible for
  215  participation in the pilot program, the superintendent must
  216  certify to the Commissioner of Education, in a format prescribed
  217  by the department, that each elementary school within the
  218  district has established a comprehensive music education program
  219  that:
  220         (a) Includes all students at the school enrolled in
  221  kindergarten through grade 2.
  222         (b) Is staffed by certified music educators.
  223         (c) Provides music instruction for at least 30 consecutive
  224  minutes 2 days a week.
  225         (d) Complies with class size requirements under s. 1003.03.
  226         (e) Complies with the department’s standards for early
  227  childhood music education programs for students in kindergarten
  228  through grade 2.
  229         (3)(a) The commissioner shall select school districts for
  230  participation in the pilot program, subject to legislative
  231  appropriation, based on the school district’s proximity to the
  232  University of Florida and needs-based criteria established by
  233  the State Board of Education. Selected school districts shall
  234  annually receive $150 per full-time equivalent student in
  235  kindergarten through grade 2 who is enrolled in a comprehensive
  236  music education program.
  237         (b) To maintain eligibility for participation in the pilot
  238  program, a selected school district must annually certify to the
  239  commissioner, in a format prescribed by the department, that
  240  each elementary school within the district provides a
  241  comprehensive music education program that meets the
  242  requirements of subsection (2). If a selected school district
  243  fails to provide the annual certification for a fiscal year, the
  244  school district must return all funds received through the pilot
  245  program for that fiscal year.
  246         (4) The University of Florida’s College of Education shall
  247  evaluate the effectiveness of the pilot program by measuring
  248  student academic performance and the success of the program. The
  249  evaluation must include, but is not limited to, a quantitative
  250  analysis of student achievement and a qualitative evaluation of
  251  students enrolled in the comprehensive music education programs.
  252         (5) The State Board of Education may adopt rules to
  253  administer this section.
  254         (6) This section expires June 30, 2020.
  255         Section 11. Subsection (2) of section 1003.498, Florida
  256  Statutes, is amended to read:
  257         1003.498 School district virtual course offerings.—
  258         (2) School districts may offer virtual courses for students
  259  enrolled in the school district. These courses must be
  260  identified in the course code directory. Students who meet the
  261  eligibility requirements of s. 1002.455 may participate in these
  262  virtual course offerings pursuant to s. 1002.455.
  263         (a) Any eligible student who is enrolled in a school
  264  district may register and enroll in an online course offered by
  265  his or her school district.
  266         (b)1. Any eligible student who is enrolled in a school
  267  district may register and enroll in an online course offered by
  268  any other school district in the state. The school district in
  269  which the student completes the course shall report the
  270  student’s completion of that course for funding pursuant to s.
  271  1011.61(1)(c)1.b.(VI), and the home school district shall not
  272  report the student for funding for that course.
  273         2. The full-time equivalent student membership calculated
  274  under this subsection is subject to the requirements in s.
  275  1011.61(4). The Department of Education shall establish
  276  procedures to enable interdistrict coordination for the delivery
  277  and funding of this online option.
  278         Section 12. Upon the expiration and reversion of the
  279  amendment to section 1004.345, Florida Statutes, pursuant to
  280  section 36 of chapter 2016-62, Laws of Florida, subsection (1)
  281  of section 1004.345, Florida Statutes, is amended to read:
  282         1004.345 The Florida Polytechnic University.—
  283         (1) By December 31, 2017 2016, the Florida Polytechnic
  284  University shall meet the following criteria as established by
  285  the Board of Governors:
  286         (a) Achieve accreditation from the Commission on Colleges
  287  of the Southern Association of Colleges and Schools;
  288         (b) Initiate the development of the new programs in the
  289  fields of science, technology, engineering, and mathematics;
  290         (c) Seek discipline-specific accreditation for programs;
  291         (d) Attain a minimum FTE of 1,244, with a minimum 50
  292  percent of that FTE in the fields of science, technology,
  293  engineering, and mathematics and 20 percent in programs related
  294  to those fields;
  295         (e) Complete facilities and infrastructure, including the
  296  Science and Technology Building, Phase I of the Wellness Center,
  297  and a residence hall or halls containing no fewer than 190 beds;
  298  and
  299         (f) Have the ability to provide, either directly or where
  300  feasible through a shared services model, administration of
  301  financial aid, admissions, student support, information
  302  technology, and finance and accounting with an internal audit
  303  function.
  304         Section 13. Subsection (11) of section 1011.62, Florida
  305  Statutes, is amended to read:
  306         1011.62 Funds for operation of schools.—If the annual
  307  allocation from the Florida Education Finance Program to each
  308  district for operation of schools is not determined in the
  309  annual appropriations act or the substantive bill implementing
  310  the annual appropriations act, it shall be determined as
  311  follows:
  312         (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may
  313  annually provide in the Florida Education Finance Program a
  314  virtual education contribution. The amount of the virtual
  315  education contribution shall be the difference between the
  316  amount per FTE established in the General Appropriations Act for
  317  virtual education and the amount per FTE for each district and
  318  the Florida Virtual School, which may be calculated by taking
  319  the sum of the base FEFP allocation, the discretionary local
  320  effort, the state-funded discretionary contribution, the
  321  discretionary millage compression supplement, the research-based
  322  reading instruction allocation, and the instructional materials
  323  allocation, and then dividing by the total unweighted FTE. This
  324  difference shall be multiplied by the virtual education
  325  unweighted FTE for programs and options identified in s.
  326  1002.455 s. 1002.455(3) and the Florida Virtual School and its
  327  franchises to equal the virtual education contribution and shall
  328  be included as a separate allocation in the funding formula.
  331  ================= T I T L E  A M E N D M E N T ================
  332  And the title is amended as follows:
  333         Delete lines 2 - 21
  334  and insert:
  335         An act relating to education; amending s. 11.45, F.S.;
  336         requiring the Auditor General to conduct annual audits
  337         of the Florida School for the Deaf and the Blind;
  338         amending s. 413.011, F.S.; providing that a client of
  339         the Division of Blind Services of the Department of
  340         Education is considered an employee of the state for
  341         purposes of workers’ compensation coverage; creating
  342         s. 413.209, F.S.; providing that a specified client of
  343         the Division of Vocational Rehabilitation of the
  344         Department of Education is considered an employee of
  345         the state for purposes of workers’ compensation
  346         coverage; amending s. 1001.10, F.S.; authorizing the
  347         Commissioner of Education to coordinate with specified
  348         entities to assess needs for resources and assistance
  349         in an emergency situation; amending s. 1002.33, F.S.;
  350         requiring certain school districts to report virtual
  351         charter school students for funding purposes; amending
  352         s. 1002.37, F.S.; revising eligibility requirements
  353         for specified students to receive part-time
  354         instruction at the Florida Virtual School; removing
  355         provisions requiring the Auditor General to conduct an
  356         operational audit of the Florida Virtual School;
  357         amending s. 1002.45, F.S.; revising student
  358         eligibility and participation requirements for virtual
  359         instruction programs; amending s. 1002.455, F.S.;
  360         authorizing all students, including home education and
  361         private school students, to participate in specified
  362         virtual instruction options; deleting the eligibility
  363         criteria for a student to participate in virtual
  364         instruction; amending s. 1003.4282, F.S.; revising the
  365         options that a district school board or charter school
  366         governing board may offer for a student to satisfy
  367         certain online course requirements; creating s.
  368         1003.481, F.S.; creating the Early Childhood Music
  369         Education Incentive Pilot Program within the
  370         Department of Education for a specified period;
  371         providing for school district eligibility; providing
  372         comprehensive music education program requirements;
  373         providing for school district selection, funding, and
  374         program payments; requiring selected school districts
  375         to annually provide a specified certification to the
  376         Commissioner of Education; requiring a selected school
  377         district to return funds under certain circumstances;
  378         requiring the University of Florida’s College of
  379         Education to perform an evaluation; authorizing the
  380         State Board of Education to adopt rules; providing for
  381         expiration of the pilot program; amending s. 1003.498,
  382         F.S.; conforming a provision to changes made by the
  383         act; amending s. 1004.345, F.S.; extending the
  384         timeframe by which the Florida Polytechnic University
  385         must meet specified criteria established by the Board
  386         of Governors of the State University System; amending
  387         s. 1011.62, F.S.; conforming a cross-reference;
  388         providing