Florida Senate - 2020                                    SB 1746
       
       
        
       By Senator Stargel
       
       
       
       
       
       22-01722A-20                                          20201746__
    1                        A bill to be entitled                      
    2         An act relating to Florida virtual education; amending
    3         s. 1002.33, F.S.; conforming provisions to changes
    4         made by the act; amending s. 1002.37, F.S.; providing
    5         that certain employees of the Florida Virtual School
    6         are entitled to sovereign immunity; revising the
    7         students given priority by the Florida Virtual School;
    8         revising the number of members appointed to the board
    9         of trustees of the Florida Virtual School; providing
   10         term limits for members of the board; providing that
   11         the board members are governed by a specified code of
   12         ethics; prohibiting members of the board and any
   13         member of a governing body for a direct-support
   14         organization or supplemental support organization
   15         associated with the Florida Virtual School from having
   16         specified business relationships or interest in the
   17         Florida Virtual School; requiring the board to appoint
   18         an executive director; providing duties of the
   19         executive director; requiring the board of trustees to
   20         meet at the call of the executive director;
   21         authorizing, rather than requiring, the board of
   22         trustees to participate in specified marketing
   23         activities; requiring the board of trustees to be
   24         responsible for all internal funds of the school;
   25         authorizing the Florida Virtual School to accrue
   26         supplemental revenue from a specified organization;
   27         requiring the executive director of the Florida
   28         Virtual School to review and approve specified
   29         expenditures; deleting a provision authorizing the
   30         executive director to override such expenditures under
   31         certain circumstances; deleting provisions authorizing
   32         the board of trustees to adopt certain rules and
   33         procedures; providing that all Florida Virtual School
   34         employees are subject to specified policies; requiring
   35         all the employees to receive a specified contract;
   36         deleting a requirement that the board of trustees
   37         distribute certain procedures to high schools in this
   38         state; requiring student records held by the school to
   39         meet specified provisions; providing requirements for
   40         meetings of the board of trustees; revising the
   41         requirements for a specified plan; deleting a
   42         requirement that the Florida Virtual School board of
   43         trustees submit specified information to certain
   44         entities for the Florida Virtual School Global;
   45         requiring the board to establish an Office of
   46         Inspector General within the school; providing duties
   47         and responsibilities of the office; amending s.
   48         1002.45, F.S.; deleting a requirement that certain
   49         school districts provide a specified number of virtual
   50         instruction options; authorizing a virtual charter
   51         school to provide part-time instruction under certain
   52         circumstances; authorizing the Department of Education
   53         to conditionally approve a virtual instruction
   54         provider for 2 years, rather than 1 year; providing an
   55         effective date.
   56          
   57  Be It Enacted by the Legislature of the State of Florida:
   58  
   59         Section 1. Subsection (1) of section 1002.33, Florida
   60  Statutes, is amended to read:
   61         1002.33 Charter schools.—
   62         (1) AUTHORIZATION.—All charter schools in Florida are
   63  public schools and shall be part of the state’s program of
   64  public education. A charter school may be formed by creating a
   65  new school or converting an existing public school to charter
   66  status. A charter school may operate a virtual charter school
   67  pursuant to s. 1002.45(1)(d) to provide full-time or part-time
   68  online instruction to students, pursuant to s. 1002.455, in
   69  kindergarten through grade 12. The school district in which the
   70  student enrolls in the virtual charter school shall report the
   71  student for funding pursuant to s. 1011.61(1)(c)1.b.(VI), and
   72  the home school district shall not report the student for
   73  funding. An existing charter school that is seeking to become a
   74  virtual charter school must amend its charter or submit a new
   75  application pursuant to subsection (6) to become a virtual
   76  charter school. A virtual charter school is subject to the
   77  requirements of this section; however, a virtual charter school
   78  is exempt from subsections (18) and (19), paragraph (20)(c), and
   79  s. 1003.03. A public school may not use the term charter in its
   80  name unless it has been approved under this section.
   81         Section 2. Paragraphs (a) and (b) of subsection (1),
   82  subsections (2) and (4), and paragraph (b) of subsection (7) of
   83  section 1002.37, Florida Statutes, are amended, and subsection
   84  (12) is added to that section, to read:
   85         1002.37 The Florida Virtual School.—
   86         (1)(a) The Florida Virtual School is an agency of the state
   87  established for the development and delivery of world-class
   88  online and distance learning education. The Florida Virtual
   89  School, its board of trustees, officers, and employees are
   90  entitled to sovereign immunity pursuant to s. 768.28. The
   91  Commissioner of Education shall monitor the school’s performance
   92  and report its performance to the State Board of Education and
   93  the Legislature.
   94         (b) The mission of the Florida Virtual School is to provide
   95  students with technology-based educational opportunities to gain
   96  the knowledge and skills necessary to succeed. The school shall
   97  serve any student in the state who meets the profile for success
   98  in this educational delivery context and shall give priority to:
   99         1. Students who need expanded access to courses in order to
  100  meet their educational goals, such as home education students,
  101  and students in inner-city and rural areas high schools who do
  102  not have access to higher-level courses, English language
  103  learners, students with exceptionalities who currently do not
  104  have access to higher-level courses, including gifted students.
  105         2. Students seeking accelerated access in order to obtain a
  106  high school diploma at least one semester early.
  107         3. Students who are children of an active duty member of
  108  the United States Armed Forces who is not stationed in this
  109  state and whose home of record or state of legal residence is
  110  Florida.
  111         4.Students who are in an alternative setting or a
  112  Department of Juvenile Justice program.
  113  
  114  The board of trustees of the Florida Virtual School shall
  115  identify appropriate performance measures and standards based on
  116  student achievement that reflect the school’s statutory mission
  117  and priorities, and shall implement an accountability system for
  118  the school that includes assessment of its effectiveness and
  119  efficiency in providing quality services that encourage high
  120  student achievement, seamless articulation, and maximum access.
  121         (2)(a) The Florida Virtual School shall be governed by a
  122  board of trustees comprised of five seven members appointed by
  123  the Governor to 4-year staggered terms. A member may not serve
  124  more than two consecutive 4-year terms on the board. The board
  125  of trustees shall be a public agency entitled to sovereign
  126  immunity pursuant to s. 768.28, and board members shall be
  127  public officers who shall bear fiduciary responsibility for the
  128  Florida Virtual School. The board of trustees shall be governed
  129  by the code of ethics for public officers and employees as set
  130  forth in part III of chapter 112. A member of the board of
  131  trustees may not have any business relationship with or
  132  pecuniary interest in the Florida Virtual School while serving
  133  on the board or for 6 years after serving on the board.
  134         (b) The board of trustees shall have the following powers
  135  and duties:
  136         1.The board of trustees shall appoint an executive
  137  director. The executive director is responsible for executing
  138  the Florida Virtual School’s mission, vision, and goals; for
  139  proposing policies and policy revisions to the board of
  140  trustees; and for the day-to-day operations of the Florida
  141  Virtual School.
  142         2.a.(a)1. The board of trustees shall meet at least 4 times
  143  each year, upon the call of the chair or executive director, or
  144  at the request of a majority of the board membership.
  145         b.2. The fiscal year for the Florida Virtual School shall
  146  be the state fiscal year as provided in s. 216.011(1)(o).
  147         3.(b) The board of trustees shall be responsible for the
  148  Florida Virtual School’s development of a state-of-the-art
  149  technology-based education delivery system that is cost
  150  effective, educationally sound, marketable, and capable of
  151  sustaining a self-sufficient delivery system through the Florida
  152  Education Finance Program.
  153         4.(c) The board of trustees shall aggressively seek avenues
  154  to generate revenue to support its future endeavors, and shall
  155  enter into agreements with distance learning providers. The
  156  board of trustees may acquire, enjoy, use, and dispose of
  157  patents, copyrights, and trademarks and any licenses and other
  158  rights or interests thereunder or therein. Ownership of all such
  159  patents, copyrights, trademarks, licenses, and rights or
  160  interests thereunder or therein shall vest in the state, with
  161  the board of trustees having full right of use and full right to
  162  retain the revenues derived therefrom. Any funds realized from
  163  patents, copyrights, trademarks, or licenses shall be considered
  164  internal funds as provided in s. 1011.07. Such funds shall be
  165  used to support the school’s marketing, if the school chooses to
  166  participate in any marketing, and research and development
  167  activities in order to improve courseware and services to its
  168  students.
  169         5.(d) The board of trustees shall be responsible for the
  170  administration and control of all internal and local school
  171  funds derived from all activities or sources and shall prescribe
  172  the principles and procedures to be followed in administering
  173  these funds.
  174         6.(e)The Florida Virtual School may accrue supplemental
  175  revenue from a direct-support organization in accordance with s.
  176  1001.453. The Florida Virtual School may also accrue
  177  supplemental revenue from supplemental support organizations,
  178  which include, but are not limited to, alumni associations,
  179  foundations, parent-teacher associations, and booster
  180  associations. However, a member of the governing body of such an
  181  organization may not have a business relationship with or
  182  pecuniary interest in the Florida Virtual School. The governing
  183  body of each supplemental support organization shall recommend
  184  the expenditure of moneys collected or generated by it the
  185  organization for the benefit of the school. Such expenditures
  186  shall be contingent upon the review and approval of the
  187  executive director of the Florida Virtual School. The executive
  188  director may override any proposed expenditure of the
  189  organization that would violate Florida law or breach sound
  190  educational management.
  191         7.(f) In accordance with law and rules of the State Board
  192  of Education, the board of trustees shall administer and
  193  maintain personnel programs for all employees of the board of
  194  trustees and the Florida Virtual School. The board of trustees
  195  may adopt rules, policies, and procedures related to the
  196  appointment, employment, and removal of personnel.
  197         a.1. The board of trustees shall determine the
  198  compensation, including salaries and fringe benefits, and other
  199  conditions of employment for such personnel.
  200         b.2. The board of trustees may establish and maintain a
  201  personnel loan or exchange program by which persons employed by
  202  the board of trustees for the Florida Virtual School as academic
  203  administrative and instructional staff may be loaned to, or
  204  exchanged with persons employed in like capacities by, public
  205  agencies either within or without this state, or by private
  206  industry. With respect to public agency employees, the program
  207  authorized by this subparagraph shall be consistent with the
  208  requirements of part II of chapter 112. The salary and benefits
  209  of board of trustees personnel participating in the loan or
  210  exchange program shall be continued during the period of time
  211  they participate in a loan or exchange program, and such
  212  personnel shall be deemed to have no break in creditable or
  213  continuous service or employment during such time. The salary
  214  and benefits of persons participating in the personnel loan or
  215  exchange program who are employed by public agencies or private
  216  industry shall be paid by the originating employers of those
  217  participants, and such personnel shall be deemed to have no
  218  break in creditable or continuous service or employment during
  219  such time.
  220         c.3. The employment of all Florida Virtual School academic
  221  administrative and instructional personnel shall be subject to
  222  rejection for cause by the board of trustees, and shall be
  223  subject to policies of the board of trustees relative to
  224  certification, tenure, leaves of absence, sabbaticals,
  225  remuneration; subject to, and such other conditions of
  226  employment as the board of trustees deems necessary and proper;
  227  and consistent, not inconsistent with law, including s.
  228  1001.42(5), (6), and (7).
  229         d.4. Each person employed by the board of trustees in an
  230  academic administrative or instructional capacity with the
  231  Florida Virtual School shall be entitled to an annual, written a
  232  contract as provided by policies rules of the board of trustees.
  233         e.5. All employees except temporary, seasonal, and student
  234  employees may be state employees for the purpose of being
  235  eligible to participate in the Florida Retirement System and
  236  receive benefits. The classification and pay plan, including
  237  terminal leave and other benefits, and any amendments thereto,
  238  shall be subject to review and approval by the Department of
  239  Management Services and the Executive Office of the Governor
  240  prior to adoption.
  241         8.(g) The board of trustees shall establish priorities for
  242  admission of students in accordance with paragraph (1)(b).
  243         9.(h) The board of trustees shall establish and distribute
  244  to all school districts and high schools in the state procedures
  245  for enrollment of students in courses offered by the Florida
  246  Virtual School.
  247         10.(i) The board of trustees shall establish criteria
  248  defining the elements of an approved franchise. The board of
  249  trustees may enter into franchise agreements with Florida
  250  district school boards and may establish the terms and
  251  conditions governing such agreements. The board of trustees
  252  shall establish the performance and accountability measures and
  253  report the performance of each school district franchise to the
  254  Commissioner of Education.
  255         11.(j) The board of trustees shall submit to the State
  256  Board of Education both forecasted and actual enrollments and
  257  credit completions for the Florida Virtual School, according to
  258  procedures established by the State Board of Education. At a
  259  minimum, such procedures must include the number of public,
  260  private, and home education students served by program and by
  261  county of residence.
  262         12.(k) The board of trustees shall provide for the content
  263  and custody of student and employee personnel records. Student
  264  records shall be subject to the provisions of ss. s. 1002.22,
  265  1002.221, and 1002.222. Employee records shall be subject to the
  266  provisions of s. 1012.31.
  267         13.(l) The financial records and accounts of the Florida
  268  Virtual School shall be maintained under the direction of the
  269  board of trustees and under rules adopted by the State Board of
  270  Education for the uniform system of financial records and
  271  accounts for the schools of the state.
  272         14.The meetings of the board of trustees shall be
  273  conducted and noticed pursuant to s. 1001.372(1), (3), and (4).
  274  
  275  The Governor shall designate the initial chair of the board of
  276  trustees to serve a term of 4 years. Members of the board of
  277  trustees shall serve without compensation, but may be reimbursed
  278  for per diem and travel expenses pursuant to s. 112.061. The
  279  board of trustees shall be a body corporate with all the powers
  280  of a body corporate and such authority as is needed for the
  281  proper operation and improvement of the Florida Virtual School.
  282  The board of trustees is specifically authorized to adopt rules,
  283  policies, and procedures, consistent with law and rules of the
  284  State Board of Education related to governance, personnel,
  285  budget and finance, administration, programs, curriculum and
  286  instruction, travel and purchasing, technology, students,
  287  contracts and grants, and property as necessary for optimal,
  288  efficient operation of the Florida Virtual School. Tangible
  289  personal property owned by the board of trustees shall be
  290  subject to the provisions of chapter 273.
  291         (4) School districts operating a virtual school that is an
  292  approved franchise of the Florida Virtual School may count full
  293  time equivalent students, as provided in paragraph (3)(a), if
  294  such school has been certified as an approved franchise by the
  295  Commissioner of Education based on criteria established by the
  296  board of trustees pursuant to subparagraph (2)(b)10. paragraph
  297  (2)(i).
  298         (7) The board of trustees shall annually submit to the
  299  Governor, the Legislature, the Commissioner of Education, and
  300  the State Board of Education the audit report prepared pursuant
  301  to subsection (6) and a complete and detailed report setting
  302  forth:
  303         (b) The marketing and operational plan for the Florida
  304  Virtual School and Florida Virtual School Global, including
  305  recommendations regarding methods for improving the delivery of
  306  digital education through the Internet and other distance
  307  learning technology.
  308         (12)The board of trustees shall establish an Office of the
  309  Inspector General within the school using existing resources and
  310  funds. The office is responsible for promoting accountability,
  311  efficiency, and effectiveness and detecting fraud and abuse
  312  within the school. If there are substantiated allegations made
  313  by any person relating to waste, fraud, or financial
  314  mismanagement within the school, the office shall conduct,
  315  coordinate, or request investigations into such substantiated
  316  allegations. The office shall investigate allegations or reports
  317  of possible fraud or abuse against the school or its staff or
  318  students. The office shall have access to all information and
  319  personnel necessary to perform its duties.
  320         Section 3. Paragraphs (b) and (d) of subsection (1) and
  321  paragraph (a) of subsection (2) of section 1002.45, Florida
  322  Statutes, are amended to read:
  323         1002.45 Virtual instruction programs.—
  324         (1) PROGRAM.—
  325         (b) Each school district that is eligible for the sparsity
  326  supplement pursuant to s. 1011.62(7)(a) and (b) shall provide
  327  all enrolled public school students within its boundaries the
  328  option of participating in part-time and full-time virtual
  329  instruction programs and. Each school district that is not
  330  eligible for the sparsity supplement pursuant to s.
  331  1011.62(7)(a) and (b) shall provide at least three options for
  332  part-time and full-time virtual instruction. All school
  333  districts must provide parents with timely written notification
  334  of at least one open enrollment period for full-time students of
  335  90 days or more which ends 30 days before the first day of the
  336  school year. The purpose of the program is to make quality
  337  virtual instruction available to students using online and
  338  distance learning technology in the nontraditional classroom. A
  339  school district virtual instruction program shall consist of the
  340  following:
  341         1. Full-time and part-time virtual instruction for students
  342  enrolled in kindergarten through grade 12.
  343         2. Full-time or part-time virtual instruction for students
  344  enrolled in dropout prevention and academic intervention
  345  programs under s. 1003.53, Department of Juvenile Justice
  346  education programs under s. 1003.52, core-curricula courses to
  347  meet class size requirements under s. 1003.03, or Florida
  348  College System institutions under this section.
  349         (d) A virtual charter school may provide full-time virtual
  350  instruction for students in kindergarten through grade 12 if the
  351  virtual charter school has a charter approved pursuant to s.
  352  1002.33 authorizing full-time virtual instruction. A virtual
  353  charter school may provide part-time virtual instruction for
  354  such students if the school has provided full-time instruction
  355  for at least 1 school year. A virtual charter school may:
  356         1. Contract with the Florida Virtual School.
  357         2. Contract with an approved provider under subsection (2).
  358         3. Enter into an agreement with a school district to allow
  359  the participation of the virtual charter school’s students in
  360  the school district’s virtual instruction program. The agreement
  361  must indicate a process for reporting of student enrollment and
  362  the transfer of funds required by paragraph (7)(e).
  363         (2) PROVIDER QUALIFICATIONS.—
  364         (a) The department shall annually publish online a list of
  365  providers approved to offer virtual instruction programs. To be
  366  approved by the department, a provider must document that it:
  367         1. Is nonsectarian in its programs, admission policies,
  368  employment practices, and operations;
  369         2. Complies with the antidiscrimination provisions of s.
  370  1000.05;
  371         3. Locates an administrative office or offices in this
  372  state, requires its administrative staff to be state residents,
  373  requires all instructional staff to be Florida-certified
  374  teachers under chapter 1012 and conducts background screenings
  375  for all employees or contracted personnel, as required by s.
  376  1012.32, using state and national criminal history records;
  377         4. Provides to parents and students specific information
  378  posted and accessible online that includes, but is not limited
  379  to, the following teacher-parent and teacher-student contact
  380  information for each course:
  381         a. How to contact the instructor via phone, e-mail, or
  382  online messaging tools.
  383         b. How to contact technical support via phone, e-mail, or
  384  online messaging tools.
  385         c. How to contact the administration office via phone, e
  386  mail, or online messaging tools.
  387         d. Any requirement for regular contact with the instructor
  388  for the course and clear expectations for meeting the
  389  requirement.
  390         e. The requirement that the instructor in each course must,
  391  at a minimum, conduct one contact via phone with the parent and
  392  the student each month;
  393         5. Possesses prior, successful experience offering online
  394  courses to elementary, middle, or high school students as
  395  demonstrated by quantified student learning gains in each
  396  subject area and grade level provided for consideration as an
  397  instructional program option. However, for a provider without
  398  sufficient prior, successful experience offering online courses,
  399  the department may conditionally approve the provider to offer
  400  courses measured pursuant to subparagraph (8)(a)2. Conditional
  401  approval shall be valid for 1 school year only and, based on the
  402  provider’s experience in offering the courses, the department
  403  shall determine whether to grant approval to offer a virtual
  404  instruction program. However, the department may conditionally
  405  approve a provider for 2 school years at its discretion based on
  406  the provider’s success in other states;
  407         6. Is accredited by a regional accrediting association as
  408  defined by State Board of Education rule;
  409         7. Ensures instructional and curricular quality through a
  410  detailed curriculum and student performance accountability plan
  411  that addresses every subject and grade level it intends to
  412  provide through contract with the school district, including:
  413         a. Courses and programs that meet the standards of the
  414  International Association for K-12 Online Learning and the
  415  Southern Regional Education Board.
  416         b. Instructional content and services that align with, and
  417  measure student attainment of, student proficiency in the Next
  418  Generation Sunshine State Standards.
  419         c. Mechanisms that determine and ensure that a student has
  420  satisfied requirements for grade level promotion and high school
  421  graduation with a standard diploma, as appropriate;
  422         8. Publishes for the general public, in accordance with
  423  disclosure requirements adopted in rule by the State Board of
  424  Education, as part of its application as a provider and in all
  425  contracts negotiated pursuant to this section:
  426         a. Information and data about the curriculum of each full
  427  time and part-time program.
  428         b. School policies and procedures.
  429         c. Certification status and physical location of all
  430  administrative and instructional personnel.
  431         d. Hours and times of availability of instructional
  432  personnel.
  433         e. Student-teacher ratios.
  434         f. Student completion and promotion rates.
  435         g. Student, educator, and school performance accountability
  436  outcomes;
  437         9. If the provider is a Florida College System institution,
  438  employs instructors who meet the certification requirements for
  439  instructional staff under chapter 1012; and
  440         10. Performs an annual financial audit of its accounts and
  441  records conducted by an independent certified public accountant
  442  which is in accordance with rules adopted by the Auditor
  443  General, is conducted in compliance with generally accepted
  444  auditing standards, and includes a report on financial
  445  statements presented in accordance with generally accepted
  446  accounting principles.
  447         Section 4. This act shall take effect July 1, 2020.