Florida Senate - 2017              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 868
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Pre-K - 12 Education)
    1                        A bill to be entitled                      
    2         An act relating to educational options and services;
    3         amending s. 413.011, F.S.; providing that a client of
    4         the Division of Blind Services is considered an
    5         employee of the state for workers’ compensation
    6         coverage; creating s. 413.209, F.S.; providing that a
    7         specified client of the Division of Vocational
    8         Rehabilitation is considered an employee of the state
    9         for workers’ compensation coverage; amending s.
   10         1002.31, F.S.; revising available controlled open
   11         enrollment options to include virtual charter schools
   12         and district virtual programs; amending ss. 1002.37
   13         and 1002.45, F.S.; revising student eligibility
   14         requirements for the Florida Virtual School and
   15         virtual instruction programs; repealing s. 1002.455,
   16         F.S., relating to student eligibility for K-12 virtual
   17         instruction; amending s. 1003.4282, F.S.; specifying
   18         diploma designation and work experience options
   19         available for a student with a disability; amending s.
   20         1003.52, F.S.; revising the participants served in
   21         Department of Juvenile Justice education programs;
   22         amending s. 1004.015, F.S.; revising the membership of
   23         the Higher Education Coordinating Council; amending s.
   24         1004.04, F.S.; requiring an institution that seeks
   25         initial approval after a specified date to offer a
   26         graduate-level teacher preparation program to offer
   27         students certain options; amending s. 1007.27, F.S.;
   28         requiring Advanced International Certificate of
   29         Education Program and International General
   30         Certificate of Secondary Education Program courses
   31         that a student may receive credit for to be specified
   32         in the statewide articulation agreement; amending s.
   33         1007.271, F.S.; specifying that career dual enrollment
   34         is an option for students to earn career certificates
   35         leading to industry certifications; expanding the
   36         rulemaking authority of the State Board of Education;
   37         authorizing the Commissioner of Education to approve a
   38         statewide dual enrollment articulation agreement for
   39         the Florida Virtual School; amending ss. 1002.33,
   40         1003.498, and 1011.62, F.S.; conforming provisions to
   41         changes made by the act; providing an effective date.
   43  Be It Enacted by the Legislature of the State of Florida:
   45         Section 1. Subsection (2) of section 413.011, Florida
   46  Statutes, is amended to read:
   47         413.011 Division of Blind Services, legislative policy,
   48  intent; internal organizational structure and powers;
   49  Rehabilitation Council for the Blind.—
   50         (2) PROGRAM OF SERVICES.—
   51         (a) It is the intent of the Legislature to establish a
   52  coordinated program of services which will be available to
   53  individuals throughout this state who are blind. The program
   54  must be designed to maximize employment opportunities for such
   55  individuals and to increase their independence and self
   56  sufficiency.
   57         (b) A client of the division who is participating in on
   58  the-job training shall be deemed an employee of the state for
   59  purposes of workers’ compensation coverage.
   60         Section 2. Section 413.209, Florida Statutes, is created to
   61  read:
   62         413.209 Workers’ compensation coverage for clients in on
   63  the-job training.—A client of the Division of Vocational
   64  Rehabilitation of the Department of Education who is
   65  participating in on-the-job training as a vocational
   66  rehabilitation service shall be deemed an employee of the state
   67  for purposes of workers’ compensation coverage.
   68         Section 3. Paragraph (a) of subsection (2) of section
   69  1002.31, Florida Statutes, is amended to read:
   70         1002.31 Controlled open enrollment; Public school parental
   71  choice.—
   72         (2)(a) Beginning by the 2017-2018 school year, as part of a
   73  school district’s or charter school’s controlled open enrollment
   74  process, and in addition to the existing public school choice
   75  programs provided in s. 1002.20(6)(a), each district school
   76  board or charter school shall allow a parent from any school
   77  district in the state whose child is not subject to a current
   78  expulsion or suspension to enroll his or her child in and
   79  transport his or her child to any public school, including
   80  charter schools, virtual charter schools, and district virtual
   81  programs, that have has not reached capacity in the district,
   82  subject to the maximum class size pursuant to s. 1003.03 and s.
   83  1, Art. IX of the State Constitution, if applicable. The school
   84  district or charter school shall accept the student, pursuant to
   85  that school district’s or charter school’s controlled open
   86  enrollment process, and report the student for purposes of the
   87  school district’s or charter school’s funding pursuant to the
   88  Florida Education Finance Program. A school district or charter
   89  school may provide transportation to students described under
   90  this section.
   91         Section 4. Subsection (8) of section 1002.37, Florida
   92  Statutes, is amended to read:
   93         1002.37 The Florida Virtual School.—
   94         (8)(a) The Florida Virtual School may provide full-time and
   95  part-time instruction for students in kindergarten through grade
   96  12. To receive part-time instruction in kindergarten through
   97  grade 5, a student must meet at least one of the eligibility
   98  criteria in s. 1002.455(2).
   99         (b) For students receiving part-time instruction in
  100  kindergarten through grade 5 and students receiving full-time
  101  instruction in kindergarten through grade 12 from the Florida
  102  Virtual School, the full-time equivalent student enrollment
  103  calculated under this subsection is subject to the requirements
  104  in s. 1011.61(4).
  105         Section 5. Subsection (5) and paragraph (b) of subsection
  106  (6) of section 1002.45, Florida Statutes, are amended to read:
  107         1002.45 Virtual instruction programs.—
  108         (5) STUDENT ELIGIBILITY.—A student may enroll in a full
  109  time or part-time virtual instruction program in kindergarten
  110  through grade 12 which is provided by a the school district or
  111  by a virtual charter school operated in the district in which he
  112  or she resides if the student meets eligibility requirements for
  113  virtual instruction pursuant to s. 1002.455.
  114         (6) STUDENT PARTICIPATION REQUIREMENTS.—Each student
  115  enrolled in a virtual instruction program or virtual charter
  116  school must:
  117         (b) Take state assessment tests within the school district
  118  in which such student resides or enrolls, as contractually
  119  specified. If requested by the provider, the district of
  120  residence which must provide the student with access to the
  121  district’s testing facilities.
  122         Section 6. Section 1002.455, Florida Statutes, is repealed.
  123         Section 7. Paragraphs (a), (b), and (c) of subsection (10)
  124  of section 1003.4282, Florida Statutes, are amended to read:
  125         1003.4282 Requirements for a standard high school diploma.—
  126         (10) STUDENTS WITH DISABILITIES.—Beginning with students
  127  entering grade 9 in the 2014-2015 school year, this subsection
  128  applies to a student with a disability.
  129         (a) A parent of the student with a disability shall, in
  130  collaboration with the individual education plan (IEP) team
  131  during the transition planning process pursuant to s. 1003.5716,
  132  declare an intent for the student to graduate from high school
  133  with either a standard high school diploma. The student must
  134  also be offered the option to pursue a scholar or merit
  135  designation pursuant to s. 1003.4285 or a certificate of
  136  completion. A student with a disability who does not satisfy the
  137  standard high school diploma requirements pursuant to this
  138  section shall be awarded a certificate of completion.
  139         (b) The following options, in addition to the other options
  140  specified in this section, may be used to satisfy the standard
  141  high school diploma requirements, as specified in the student’s
  142  individual education plan:
  143         1. For a student with a disability for whom the IEP team
  144  has determined that the Florida Alternate Assessment is the most
  145  appropriate measure of the student’s skills:
  146         a. A combination of course substitutions, assessments,
  147  industry certifications, other acceleration options, or
  148  occupational completion points appropriate to the student’s
  149  unique skills and abilities that meet the criteria established
  150  by State Board of Education rule.
  151         b. A portfolio of quantifiable evidence that documents a
  152  student’s mastery of academic standards through rigorous metrics
  153  established by State Board of Education rule. A portfolio may
  154  include, but is not limited to, documentation of work
  155  experience, internships, community service, and postsecondary
  156  credit.
  157         2. For a student with a disability for whom the IEP team
  158  has determined that mastery of academic and employment
  159  competencies is the most appropriate way for a student to
  160  demonstrate his or her skills:
  161         a. Documented completion of the minimum high school
  162  graduation requirements, including the number of course credits
  163  prescribed by rules of the State Board of Education.
  164         b. Documented achievement of all annual goals and short
  165  term objectives for academic and employment competencies,
  166  industry certifications, and occupational completion points
  167  specified in the student’s transition plan. The documentation
  168  must be verified by the IEP team.
  169         b.c. Documented successful employment for the number of
  170  hours per week specified in the student’s employment transition
  171  plan, for the equivalent of 1 semester, and payment of a minimum
  172  wage in compliance with the requirements of the federal Fair
  173  Labor Standards Act or documented work experience in a
  174  structured work-study, internship, or preapprenticeship program
  175  for the number of hours per week specified in the student’s
  176  employment transition plan, for the equivalent of 1 semester.
  177         c.d. Documented mastery of the academic and employment
  178  competencies, industry certifications, and occupational
  179  completion points specified in the student’s transition plan.
  180  The documentation must be verified by the IEP team, the
  181  employer, and the teacher. The transition plan must be developed
  182  and signed by the student, parent, teacher, and employer before
  183  placement in employment and must identify the following:
  184         (I) The expected academic and employment competencies,
  185  industry certifications, and occupational completion points;
  186         (II) The criteria for determining and certifying mastery of
  187  the competencies;
  188         (III) The work schedule and the minimum number of hours to
  189  be worked per week; and
  190         (IV) A description of the supervision to be provided by the
  191  school district.
  192         3. Any change to the high school graduation option
  193  specified in the student’s IEP must be approved by the parent
  194  and is subject to verification for appropriateness by an
  195  independent reviewer selected by the parent as provided in s.
  196  1003.572.
  197         (c) A student with a disability who meets the standard high
  198  school diploma requirements in this subsection section may defer
  199  the receipt of a standard high school diploma if the student:
  200         1. Has an individual education plan that prescribes special
  201  education, transition planning, transition services, or related
  202  services through age 21; and
  203         2. Is enrolled in accelerated college credit instruction
  204  pursuant to s. 1007.27, industry certification courses that lead
  205  to college credit, a collegiate high school program, courses
  206  necessary to satisfy the Scholar designation requirements, or a
  207  structured work-study, internship, or preapprenticeship program.
  209  The State Board of Education shall adopt rules under ss.
  210  120.536(1) and 120.54 to implement this subsection, including
  211  rules that establish the minimum requirements for students
  212  described in this subsection to earn a standard high school
  213  diploma. The State Board of Education shall adopt emergency
  214  rules pursuant to ss. 120.536(1) and 120.54.
  215         Section 8. Subsection (7) of section 1003.52, Florida
  216  Statutes, is amended to read:
  217         1003.52 Educational services in Department of Juvenile
  218  Justice programs.—
  219         (7) An individualized progress monitoring plan shall be
  220  developed for all students not classified as exceptional
  221  education students upon entry in a juvenile justice education
  222  program and upon reentry in the school district. These plans
  223  shall address academic, literacy, and career and technical
  224  skills and shall include provisions for intensive remedial
  225  instruction in the areas of weakness.
  226         Section 9. Present paragraphs (d) through (i) of subsection
  227  (2) of section 1004.015, Florida Statutes, are redesignated as
  228  paragraphs (e) through (j), respectively, and a new paragraph
  229  (d) is added to that subsection, to read:
  230         1004.015 Higher Education Coordinating Council.—
  231         (2) Members of the council shall include:
  232         (d) The Chancellor of Career and Adult Education.
  233         Section 10. Present paragraph (c) of subsection (3) of
  234  section 1004.04, Florida Statutes, is redesignated as paragraph
  235  (d), and a new paragraph (c) is added to that subsection, to
  236  read:
  237         1004.04 Public accountability and state approval for
  238  teacher preparation programs.—
  240         (c) Beginning July 1, 2017, an institution that seeks
  241  initial approval to offer only a graduate-level teacher
  242  preparation program in an educator certification area that does
  243  not require a graduate-level degree shall provide students an
  244  option to complete the initial preparation program at the
  245  bachelor’s level. An existing state-approved program must also
  246  meet this requirement when it seeks continued approval pursuant
  247  to subsection (4).
  248         Section 11. Subsection (8) of section 1007.27, Florida
  249  Statutes, is amended to read:
  250         1007.27 Articulated acceleration mechanisms.—
  251         (8) The Advanced International Certificate of Education
  252  Program and the International General Certificate of Secondary
  253  Education (pre-AICE) Program shall be the curricula in which
  254  eligible secondary students are enrolled in programs of study
  255  offered through the Advanced International Certificate of
  256  Education Program or the International General Certificate of
  257  Secondary Education (pre-AICE) Program administered by the
  258  University of Cambridge Local Examinations Syndicate. The State
  259  Board of Education and the Board of Governors shall specify in
  260  the statewide articulation agreement required by s. 1007.23(1)
  261  the cutoff scores and Advanced International Certificate of
  262  Education examinations which will be used to grant postsecondary
  263  credit at Florida College System institutions and universities.
  264  Any changes to the cutoff scores, which changes have the effect
  265  of raising the required cutoff score or of changing the Advanced
  266  International Certification of Education examinations which will
  267  be used to grant postsecondary credit, shall apply to students
  268  taking Advanced International Certificate of Education
  269  examinations after such changes are adopted by the State Board
  270  of Education and the Board of Governors. Students shall be
  271  awarded a maximum of 30 semester credit hours pursuant to this
  272  subsection. The specific course for which a student may receive
  273  such credit shall be specified in the statewide articulation
  274  agreement required by s. 1007.23(1) determined by the Florida
  275  College System institution or university that accepts the
  276  student for admission. Students enrolled in either program of
  277  study pursuant to this subsection shall be exempt from the
  278  payment of any fees for administration of the examinations
  279  regardless of whether the student achieves a passing score on
  280  the examination.
  281         Section 12. Subsections (1), (7), and (12) of section
  282  1007.271, Florida Statutes, are amended, and subsection (26) is
  283  added to that section, to read:
  284         1007.271 Dual enrollment programs.—
  285         (1) The dual enrollment program is the enrollment of an
  286  eligible secondary student or home education student in a
  287  postsecondary course creditable toward high school completion
  288  and a career certificate leading to an industry certification or
  289  an associate or baccalaureate degree as specified by State Board
  290  of Education rule. A student who is enrolled in postsecondary
  291  instruction that is not creditable toward a high school diploma
  292  may not be classified as a dual enrollment student.
  293         (7) Career dual enrollment shall be provided as a
  294  curricular option for secondary students to pursue in order to
  295  earn career certificates leading to industry certifications
  296  adopted pursuant to s. 1008.44, which count as credits toward
  297  the high school diploma. Career dual enrollment shall be
  298  available for secondary students seeking a degree and industry
  299  certification through a career education program or course.
  300         (12) The State Board of Education shall adopt rules
  301  necessary to administer this section, including rules related to
  302  student eligibility and participation, courses and programs,
  303  funding, and articulation agreements for any dual enrollment
  304  programs involving requirements for high school graduation.
  305         (26) The Commissioner of Education may approve a statewide
  306  dual enrollment articulation agreement for the Florida Virtual
  307  School to enroll Florida Virtual School full-time students at a
  308  postsecondary institution eligible to participate in the dual
  309  enrollment program pursuant to s. 1011.62(1)(i).
  310         Section 13. Subsection (1) of section 1002.33, Florida
  311  Statutes, is amended to read:
  312         1002.33 Charter schools.—
  313         (1) AUTHORIZATION.—Charter schools shall be part of the
  314  state’s program of public education. All charter schools in
  315  Florida are public schools. A charter school may be formed by
  316  creating a new school or converting an existing public school to
  317  charter status. A charter school may operate a virtual charter
  318  school pursuant to s. 1002.45(1)(d) to provide full-time online
  319  instruction to eligible students, pursuant to s. 1002.455, in
  320  kindergarten through grade 12. An existing charter school that
  321  is seeking to become a virtual charter school must amend its
  322  charter or submit a new application pursuant to subsection (6)
  323  to become a virtual charter school. A virtual charter school is
  324  subject to the requirements of this section; however, a virtual
  325  charter school is exempt from subsections (18) and (19),
  326  subparagraphs (20)(a)2., 4., 5., and 7., paragraph (20)(c), and
  327  s. 1003.03. A public school may not use the term charter in its
  328  name unless it has been approved under this section.
  329         Section 14. Subsection (2) of section 1003.498, Florida
  330  Statutes, is amended to read:
  331         1003.498 School district virtual course offerings.—
  332         (2) School districts may offer virtual courses for students
  333  enrolled in the school district. These courses must be
  334  identified in the course code directory. Students who meet the
  335  eligibility requirements of s. 1002.455 may participate in these
  336  virtual course offerings.
  337         (a) Any eligible student who is enrolled in a school
  338  district may register and enroll in an online course offered by
  339  his or her school district.
  340         (b)1. Any eligible student who is enrolled in a school
  341  district may register and enroll in an online course offered by
  342  any other school district in the state. The school district in
  343  which the student completes the course shall report the
  344  student’s completion of that course for funding pursuant to s.
  345  1011.61(1)(c)1.b.(VI), and the home school district may shall
  346  not report the student for funding for that course.
  347         2. The full-time equivalent student membership calculated
  348  under this subsection is subject to the requirements in s.
  349  1011.61(4). The Department of Education shall establish
  350  procedures to enable interdistrict coordination for the delivery
  351  and funding of this online option.
  352         Section 15. Subsection (11) of section 1011.62, Florida
  353  Statutes, is amended to read:
  354         1011.62 Funds for operation of schools.—If the annual
  355  allocation from the Florida Education Finance Program to each
  356  district for operation of schools is not determined in the
  357  annual appropriations act or the substantive bill implementing
  358  the annual appropriations act, it shall be determined as
  359  follows:
  360         (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may
  361  annually provide in the Florida Education Finance Program a
  362  virtual education contribution. The amount of the virtual
  363  education contribution shall be the difference between the
  364  amount per FTE established in the General Appropriations Act for
  365  virtual education and the amount per FTE for each district and
  366  the Florida Virtual School, which may be calculated by taking
  367  the sum of the base FEFP allocation, the discretionary local
  368  effort, the state-funded discretionary contribution, the
  369  discretionary millage compression supplement, the research-based
  370  reading instruction allocation, and the instructional materials
  371  allocation, and then dividing by the total unweighted FTE. This
  372  difference shall be multiplied by the virtual education
  373  unweighted FTE for school district-operated part-time and full
  374  time virtual instruction programs, full-time virtual charter
  375  school programs, virtual courses offered, programs and options
  376  identified in s. 1002.455(3) and the Florida Virtual School and
  377  its franchises to equal the virtual education contribution and
  378  shall be included as a separate allocation in the funding
  379  formula.
  380         Section 16. This act shall take effect July 1, 2017.