Florida Senate - 2017                              CS for SB 868
       By the Committee on Education; and Senator Baxley
       581-03346-17                                           2017868c1
    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 type of programs and
   21         participants served in Department of Juvenile Justice
   22         education programs; amending s. 1004.015, F.S.;
   23         revising the membership of the Higher Education
   24         Coordinating Council; amending s. 1004.04, F.S.;
   25         requiring an institution that seeks initial approval
   26         after a specified date to offer a graduate-level
   27         teacher preparation program to offer students certain
   28         options; amending s. 1007.27, F.S.; requiring Advanced
   29         International Certificate of Education Program and
   30         International General Certificate of Secondary
   31         Education Program courses that a student may receive
   32         credit for to be specified in the statewide
   33         articulation agreement; amending s. 1007.271, F.S.;
   34         specifying that career dual enrollment is an option
   35         for students to earn career certificates leading to
   36         industry certifications; expanding the rulemaking
   37         authority of the State Board of Education; authorizing
   38         the Commissioner of Education to approve a statewide
   39         dual enrollment articulation agreement for the Florida
   40         Virtual School; amending ss. 1002.33, 1003.498, and
   41         1011.62, F.S.; conforming provisions to changes made
   42         by the act; providing an effective date.
   44  Be It Enacted by the Legislature of the State of Florida:
   46         Section 1. Subsection (2) of section 413.011, Florida
   47  Statutes, is amended to read:
   48         413.011 Division of Blind Services, legislative policy,
   49  intent; internal organizational structure and powers;
   50  Rehabilitation Council for the Blind.—
   51         (2) PROGRAM OF SERVICES.—
   52         (a) It is the intent of the Legislature to establish a
   53  coordinated program of services which will be available to
   54  individuals throughout this state who are blind. The program
   55  must be designed to maximize employment opportunities for such
   56  individuals and to increase their independence and self
   57  sufficiency.
   58         (b) A client of the division who is participating in on
   59  the-job training shall be deemed an employee of the state for
   60  purposes of workers’ compensation coverage.
   61         Section 2. Section 413.209, Florida Statutes, is created to
   62  read:
   63         413.209 Workers’ compensation coverage for clients in on
   64  the-job training.—A client of the Division of Vocational
   65  Rehabilitation of the Department of Education who is
   66  participating in on-the-job training as a vocational
   67  rehabilitation service shall be deemed an employee of the state
   68  for purposes of workers’ compensation coverage.
   69         Section 3. Paragraph (a) of subsection (2) of section
   70  1002.31, Florida Statutes, is amended to read:
   71         1002.31 Controlled open enrollment; Public school parental
   72  choice.—
   73         (2)(a) Beginning by the 2017-2018 school year, as part of a
   74  school district’s or charter school’s controlled open enrollment
   75  process, and in addition to the existing public school choice
   76  programs provided in s. 1002.20(6)(a), each district school
   77  board or charter school shall allow a parent from any school
   78  district in the state whose child is not subject to a current
   79  expulsion or suspension to enroll his or her child in and
   80  transport his or her child to any public school, including
   81  charter schools, virtual charter schools, and district virtual
   82  programs, that have has not reached capacity in the district,
   83  subject to the maximum class size pursuant to s. 1003.03 and s.
   84  1, Art. IX of the State Constitution, if applicable. The school
   85  district or charter school shall accept the student, pursuant to
   86  that school district’s or charter school’s controlled open
   87  enrollment process, and report the student for purposes of the
   88  school district’s or charter school’s funding pursuant to the
   89  Florida Education Finance Program. A school district or charter
   90  school may provide transportation to students described under
   91  this section.
   92         Section 4. Subsection (8) of section 1002.37, Florida
   93  Statutes, is amended to read:
   94         1002.37 The Florida Virtual School.—
   95         (8)(a) The Florida Virtual School may provide full-time and
   96  part-time instruction for students in kindergarten through grade
   97  12. To receive part-time instruction in kindergarten through
   98  grade 5, a student must meet at least one of the eligibility
   99  criteria in s. 1002.455(2).
  100         (b) For students receiving part-time instruction in
  101  kindergarten through grade 5 and students receiving full-time
  102  instruction in kindergarten through grade 12 from the Florida
  103  Virtual School, the full-time equivalent student enrollment
  104  calculated under this subsection is subject to the requirements
  105  in s. 1011.61(4).
  106         Section 5. Subsection (5) and paragraph (b) of subsection
  107  (6) of section 1002.45, Florida Statutes, are amended to read:
  108         1002.45 Virtual instruction programs.—
  109         (5) STUDENT ELIGIBILITY.—A student may enroll in a full
  110  time or part-time virtual instruction program in kindergarten
  111  through grade 12 which is provided by a the school district or
  112  by a virtual charter school operated in the district in which he
  113  or she resides if the student meets eligibility requirements for
  114  virtual instruction pursuant to s. 1002.455.
  115         (6) STUDENT PARTICIPATION REQUIREMENTS.—Each student
  116  enrolled in a virtual instruction program or virtual charter
  117  school must:
  118         (b) Take state assessment tests within the school district
  119  in which such student resides or enrolls, as contractually
  120  specified. If requested by the provider, the district of
  121  residence which must provide the student with access to the
  122  district’s testing facilities.
  123         Section 6. Section 1002.455, Florida Statutes, is repealed.
  124         Section 7. Paragraphs (a), (b), and (c) of subsection (10)
  125  of section 1003.4282, Florida Statutes, are amended to read:
  126         1003.4282 Requirements for a standard high school diploma.—
  127         (10) STUDENTS WITH DISABILITIES.—Beginning with students
  128  entering grade 9 in the 2014-2015 school year, this subsection
  129  applies to a student with a disability.
  130         (a) A parent of the student with a disability shall, in
  131  collaboration with the individual education plan (IEP) team
  132  during the transition planning process pursuant to s. 1003.5716,
  133  declare an intent for the student to graduate from high school
  134  with either a standard high school diploma. The student must
  135  also be offered the option to pursue a scholar or merit
  136  designation pursuant to s. 1003.4285 or a certificate of
  137  completion. A student with a disability who does not satisfy the
  138  standard high school diploma requirements pursuant to this
  139  section shall be awarded a certificate of completion.
  140         (b) The following options, in addition to the other options
  141  specified in this section, may be used to satisfy the standard
  142  high school diploma requirements, as specified in the student’s
  143  individual education plan:
  144         1. For a student with a disability for whom the IEP team
  145  has determined that the Florida Alternate Assessment is the most
  146  appropriate measure of the student’s skills:
  147         a. A combination of course substitutions, assessments,
  148  industry certifications, other acceleration options, or
  149  occupational completion points appropriate to the student’s
  150  unique skills and abilities that meet the criteria established
  151  by State Board of Education rule.
  152         b. A portfolio of quantifiable evidence that documents a
  153  student’s mastery of academic standards through rigorous metrics
  154  established by State Board of Education rule. A portfolio may
  155  include, but is not limited to, documentation of work
  156  experience, internships, community service, and postsecondary
  157  credit.
  158         2. For a student with a disability for whom the IEP team
  159  has determined that mastery of academic and employment
  160  competencies is the most appropriate way for a student to
  161  demonstrate his or her skills:
  162         a. Documented completion of the minimum high school
  163  graduation requirements, including the number of course credits
  164  prescribed by rules of the State Board of Education.
  165         b. Documented achievement of all annual goals and short
  166  term objectives for academic and employment competencies,
  167  industry certifications, and occupational completion points
  168  specified in the student’s transition plan. The documentation
  169  must be verified by the IEP team.
  170         b.c. Documented successful employment for the number of
  171  hours per week specified in the student’s employment transition
  172  plan, for the equivalent of 1 semester, and payment of a minimum
  173  wage in compliance with the requirements of the federal Fair
  174  Labor Standards Act or documented work experience in a
  175  structured work-study, internship, or preapprenticeship program
  176  for the number of hours per week specified in the student’s
  177  employment transition plan, for the equivalent of 1 semester.
  178         c.d. Documented mastery of the academic and employment
  179  competencies, industry certifications, and occupational
  180  completion points specified in the student’s transition plan.
  181  The documentation must be verified by the IEP team, the
  182  employer, and the teacher. The transition plan must be developed
  183  and signed by the student, parent, teacher, and employer before
  184  placement in employment and must identify the following:
  185         (I) The expected academic and employment competencies,
  186  industry certifications, and occupational completion points;
  187         (II) The criteria for determining and certifying mastery of
  188  the competencies;
  189         (III) The work schedule and the minimum number of hours to
  190  be worked per week; and
  191         (IV) A description of the supervision to be provided by the
  192  school district.
  193         3. Any change to the high school graduation option
  194  specified in the student’s IEP must be approved by the parent
  195  and is subject to verification for appropriateness by an
  196  independent reviewer selected by the parent as provided in s.
  197  1003.572.
  198         (c) A student with a disability who meets the standard high
  199  school diploma requirements in this subsection section may defer
  200  the receipt of a standard high school diploma if the student:
  201         1. Has an individual education plan that prescribes special
  202  education, transition planning, transition services, or related
  203  services through age 21; and
  204         2. Is enrolled in accelerated college credit instruction
  205  pursuant to s. 1007.27, industry certification courses that lead
  206  to college credit, a collegiate high school program, courses
  207  necessary to satisfy the Scholar designation requirements, or a
  208  structured work-study, internship, or preapprenticeship program.
  210  The State Board of Education shall adopt rules under ss.
  211  120.536(1) and 120.54 to implement this subsection, including
  212  rules that establish the minimum requirements for students
  213  described in this subsection to earn a standard high school
  214  diploma. The State Board of Education shall adopt emergency
  215  rules pursuant to ss. 120.536(1) and 120.54.
  216         Section 8. Subsections (5) and (7) of section 1003.52,
  217  Florida Statutes, are amended to read:
  218         1003.52 Educational services in Department of Juvenile
  219  Justice programs.—
  220         (5) The educational program must shall provide instruction
  221  based on each student’s individualized transition plan, assessed
  222  educational needs, and the education programs available in the
  223  school district in which the student will return. Depending on
  224  the student’s needs, educational programming may consist of
  225  remedial courses, academic courses required for grade
  226  advancement, CAPE courses, high school equivalency examination
  227  preparation, or exceptional student education curricula and
  228  related services which support the transition goals and reentry
  229  and which may lead to completion of the requirements for receipt
  230  of a high school diploma or its equivalent. Prevention and day
  231  treatment juvenile justice education programs, at a minimum,
  232  shall provide career readiness and exploration opportunities as
  233  well as truancy and dropout prevention intervention services.
  234  Residential juvenile justice education programs with a
  235  contracted minimum length of stay of 9 months shall provide CAPE
  236  courses that lead to preapprentice certifications and industry
  237  certifications. Programs with contracted lengths of stay of less
  238  than 9 months may provide career education courses that lead to
  239  preapprentice certifications and CAPE industry certifications.
  240  If the duration of a detention program is less than 40 days, the
  241  educational component may be limited to tutorial remediation
  242  activities, career employability skills instruction, education
  243  counseling, and transition services that prepare students for a
  244  return to school, the community, and their home settings based
  245  on the students’ needs.
  246         (7) An individualized progress monitoring plan shall be
  247  developed for all students not classified as exceptional
  248  education students upon entry in a juvenile justice education
  249  program and upon reentry in the school district. These plans
  250  shall address academic, literacy, and career and technical
  251  skills and shall include provisions for intensive remedial
  252  instruction in the areas of weakness.
  253         Section 9. Present paragraphs (d) through (i) of subsection
  254  (2) of section 1004.015, Florida Statutes, are redesignated as
  255  paragraphs (e) through (j), respectively, and a new paragraph
  256  (d) is added to that subsection, to read:
  257         1004.015 Higher Education Coordinating Council.—
  258         (2) Members of the council shall include:
  259         (d) The Chancellor of Career and Adult Education.
  260         Section 10. Present paragraph (c) of subsection (3) of
  261  section 1004.04, Florida Statutes, is redesignated as paragraph
  262  (d), and a new paragraph (c) is added to that subsection, to
  263  read:
  264         1004.04 Public accountability and state approval for
  265  teacher preparation programs.—
  267         (c) Beginning July 1, 2017, an institution that seeks
  268  initial approval to offer only a graduate-level teacher
  269  preparation program in an educator certification area that does
  270  not require a graduate-level degree shall provide students an
  271  option to complete the initial preparation program at the
  272  bachelor’s level. An existing state-approved program must also
  273  meet this requirement when it seeks continued approval pursuant
  274  to subsection (4).
  275         Section 11. Subsection (8) of section 1007.27, Florida
  276  Statutes, is amended to read:
  277         1007.27 Articulated acceleration mechanisms.—
  278         (8) The Advanced International Certificate of Education
  279  Program and the International General Certificate of Secondary
  280  Education (pre-AICE) Program shall be the curricula in which
  281  eligible secondary students are enrolled in programs of study
  282  offered through the Advanced International Certificate of
  283  Education Program or the International General Certificate of
  284  Secondary Education (pre-AICE) Program administered by the
  285  University of Cambridge Local Examinations Syndicate. The State
  286  Board of Education and the Board of Governors shall specify in
  287  the statewide articulation agreement required by s. 1007.23(1)
  288  the cutoff scores and Advanced International Certificate of
  289  Education examinations which will be used to grant postsecondary
  290  credit at Florida College System institutions and universities.
  291  Any changes to the cutoff scores, which changes have the effect
  292  of raising the required cutoff score or of changing the Advanced
  293  International Certification of Education examinations which will
  294  be used to grant postsecondary credit, shall apply to students
  295  taking Advanced International Certificate of Education
  296  examinations after such changes are adopted by the State Board
  297  of Education and the Board of Governors. Students shall be
  298  awarded a maximum of 30 semester credit hours pursuant to this
  299  subsection. The specific course for which a student may receive
  300  such credit shall be specified in the statewide articulation
  301  agreement required by s. 1007.23(1) determined by the Florida
  302  College System institution or university that accepts the
  303  student for admission. Students enrolled in either program of
  304  study pursuant to this subsection shall be exempt from the
  305  payment of any fees for administration of the examinations
  306  regardless of whether the student achieves a passing score on
  307  the examination.
  308         Section 12. Subsections (1), (7), and (12) of section
  309  1007.271, Florida Statutes, are amended, and subsection (26) is
  310  added to that section, to read:
  311         1007.271 Dual enrollment programs.—
  312         (1) The dual enrollment program is the enrollment of an
  313  eligible secondary student or home education student in a
  314  postsecondary course creditable toward high school completion
  315  and a career certificate leading to an industry certification or
  316  an associate or baccalaureate degree as specified by State Board
  317  of Education rule. A student who is enrolled in postsecondary
  318  instruction that is not creditable toward a high school diploma
  319  may not be classified as a dual enrollment student.
  320         (7) Career dual enrollment shall be provided as a
  321  curricular option for secondary students to pursue in order to
  322  earn career certificates leading to industry certifications
  323  adopted pursuant to s. 1008.44, which count as credits toward
  324  the high school diploma. Career dual enrollment shall be
  325  available for secondary students seeking a degree and industry
  326  certification through a career education program or course.
  327         (12) The State Board of Education shall adopt rules
  328  necessary to administer this section, including rules related to
  329  student eligibility and participation, courses and programs,
  330  funding, and articulation agreements for any dual enrollment
  331  programs involving requirements for high school graduation.
  332         (26) The Commissioner of Education may approve a statewide
  333  dual enrollment articulation agreement for the Florida Virtual
  334  School to enroll Florida Virtual School full-time students at a
  335  postsecondary institution eligible to participate in the dual
  336  enrollment program pursuant to s. 1011.62(1)(i).
  337         Section 13. Subsection (1) of section 1002.33, Florida
  338  Statutes, is amended to read:
  339         1002.33 Charter schools.—
  340         (1) AUTHORIZATION.—Charter schools shall be part of the
  341  state’s program of public education. All charter schools in
  342  Florida are public schools. A charter school may be formed by
  343  creating a new school or converting an existing public school to
  344  charter status. A charter school may operate a virtual charter
  345  school pursuant to s. 1002.45(1)(d) to provide full-time online
  346  instruction to eligible students, pursuant to s. 1002.455, in
  347  kindergarten through grade 12. An existing charter school that
  348  is seeking to become a virtual charter school must amend its
  349  charter or submit a new application pursuant to subsection (6)
  350  to become a virtual charter school. A virtual charter school is
  351  subject to the requirements of this section; however, a virtual
  352  charter school is exempt from subsections (18) and (19),
  353  subparagraphs (20)(a)2., 4., 5., and 7., paragraph (20)(c), and
  354  s. 1003.03. A public school may not use the term charter in its
  355  name unless it has been approved under this section.
  356         Section 14. Subsection (2) of section 1003.498, Florida
  357  Statutes, is amended to read:
  358         1003.498 School district virtual course offerings.—
  359         (2) School districts may offer virtual courses for students
  360  enrolled in the school district. These courses must be
  361  identified in the course code directory. Students who meet the
  362  eligibility requirements of s. 1002.455 may participate in these
  363  virtual course offerings.
  364         (a) Any eligible student who is enrolled in a school
  365  district may register and enroll in an online course offered by
  366  his or her school district.
  367         (b)1. Any eligible student who is enrolled in a school
  368  district may register and enroll in an online course offered by
  369  any other school district in the state. The school district in
  370  which the student completes the course shall report the
  371  student’s completion of that course for funding pursuant to s.
  372  1011.61(1)(c)1.b.(VI), and the home school district may shall
  373  not report the student for funding for that course.
  374         2. The full-time equivalent student membership calculated
  375  under this subsection is subject to the requirements in s.
  376  1011.61(4). The Department of Education shall establish
  377  procedures to enable interdistrict coordination for the delivery
  378  and funding of this online option.
  379         Section 15. Subsection (11) of section 1011.62, Florida
  380  Statutes, is amended to read:
  381         1011.62 Funds for operation of schools.—If the annual
  382  allocation from the Florida Education Finance Program to each
  383  district for operation of schools is not determined in the
  384  annual appropriations act or the substantive bill implementing
  385  the annual appropriations act, it shall be determined as
  386  follows:
  387         (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may
  388  annually provide in the Florida Education Finance Program a
  389  virtual education contribution. The amount of the virtual
  390  education contribution shall be the difference between the
  391  amount per FTE established in the General Appropriations Act for
  392  virtual education and the amount per FTE for each district and
  393  the Florida Virtual School, which may be calculated by taking
  394  the sum of the base FEFP allocation, the discretionary local
  395  effort, the state-funded discretionary contribution, the
  396  discretionary millage compression supplement, the research-based
  397  reading instruction allocation, and the instructional materials
  398  allocation, and then dividing by the total unweighted FTE. This
  399  difference shall be multiplied by the virtual education
  400  unweighted FTE for school district-operated part-time and full
  401  time virtual instruction programs, full-time virtual charter
  402  school programs, virtual courses offered, programs and options
  403  identified in s. 1002.455(3) and the Florida Virtual School and
  404  its franchises to equal the virtual education contribution and
  405  shall be included as a separate allocation in the funding
  406  formula.
  407         Section 16. This act shall take effect July 1, 2017.