Florida Senate - 2020                             CS for SB 1746
       
       
        
       By the Committee on Judiciary; and Senator Stargel
       
       
       
       
       
       590-03505-20                                          20201746c1
    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; revising
   35         requirements for the use of certain employment
   36         contracts; deleting a requirement that the board of
   37         trustees distribute certain procedures to high schools
   38         in this state; requiring student records held by the
   39         school to meet specified provisions; providing
   40         requirements for meetings of the board of trustees;
   41         revising the requirements for a specified plan;
   42         deleting a requirement that the Florida Virtual School
   43         board of trustees submit specified information to
   44         certain entities for the Florida Virtual School
   45         Global; 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 to
  154  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 may shall
  165  be used to support the school’s marketing and research and
  166  development activities in order to improve courseware and
  167  services to its students.
  168         5.(d) The board of trustees shall be responsible for the
  169  administration and control of all internal and local school
  170  funds derived from all activities or sources and shall prescribe
  171  the principles and procedures to be followed in administering
  172  these funds.
  173         6.(e)The Florida Virtual School may accrue supplemental
  174  revenue from a direct-support organization in accordance with s.
  175  1001.453. The Florida Virtual School may also accrue
  176  supplemental revenue from supplemental support organizations,
  177  which include, but are not limited to, alumni associations,
  178  foundations, parent-teacher associations, and booster
  179  associations. However, a member of the governing body of such an
  180  organization may not have a business relationship with or
  181  pecuniary interest in the Florida Virtual School. The governing
  182  body of each supplemental support organization shall recommend
  183  the expenditure of moneys collected or generated by it the
  184  organization for the benefit of the school. Such expenditures
  185  shall be contingent upon the review and approval of the
  186  executive director of the Florida Virtual School. The executive
  187  director may override any proposed expenditure of the
  188  organization that would violate Florida law or breach sound
  189  educational management.
  190         7.(f) In accordance with law and rules of the State Board
  191  of Education, the board of trustees shall administer and
  192  maintain personnel programs for all employees of the board of
  193  trustees and the Florida Virtual School. The board of trustees
  194  may adopt rules, policies, and procedures related to the
  195  appointment, employment, and removal of personnel.
  196         a.1. The board of trustees shall determine the
  197  compensation, including salaries and fringe benefits, and other
  198  conditions of employment for such personnel.
  199         b.2. The board of trustees may establish and maintain a
  200  personnel loan or exchange program by which persons employed by
  201  the board of trustees for the Florida Virtual School as academic
  202  administrative and instructional staff may be loaned to, or
  203  exchanged with persons employed in like capacities by, public
  204  agencies either within or without this state, or by private
  205  industry. With respect to public agency employees, the program
  206  authorized by this subparagraph shall be consistent with the
  207  requirements of part II of chapter 112. The salary and benefits
  208  of board of trustees personnel participating in the loan or
  209  exchange program shall be continued during the period of time
  210  they participate in a loan or exchange program, and such
  211  personnel shall be deemed to have no break in creditable or
  212  continuous service or employment during such time. The salary
  213  and benefits of persons participating in the personnel loan or
  214  exchange program who are employed by public agencies or private
  215  industry shall be paid by the originating employers of those
  216  participants, and such personnel shall be deemed to have no
  217  break in creditable or continuous service or employment during
  218  such time.
  219         c.3. The employment of all Florida Virtual School academic
  220  administrative and instructional personnel shall be subject to
  221  rejection for cause by the board of trustees, and shall be
  222  subject to policies of the board of trustees relative to
  223  certification, tenure, leaves of absence, sabbaticals,
  224  remuneration; subject to, and such other conditions of
  225  employment as the board of trustees deems necessary and proper;
  226  and consistent, not inconsistent with law, including s.
  227  1001.42(5), (6), and (7).
  228         d.4.All academic administrative and instructional
  229  personnel employed by Each person employed by the board of
  230  trustees in an academic administrative or instructional capacity
  231  with the Florida Virtual School are shall be entitled to an
  232  annual, written a contract as provided by rules of the board of
  233  trustees. Employment contracts for nonacademic personnel may be
  234  determined by board of trustees policy.
  235         e.5. All employees except temporary, seasonal, and student
  236  employees may be state employees for the purpose of being
  237  eligible to participate in the Florida Retirement System and
  238  receive benefits. The classification and pay plan, including
  239  terminal leave and other benefits, and any amendments thereto,
  240  shall be subject to review and approval by the Department of
  241  Management Services and the Executive Office of the Governor
  242  prior to adoption.
  243         8.(g) The board of trustees shall establish priorities for
  244  admission of students in accordance with paragraph (1)(b).
  245         9.(h) The board of trustees shall establish and distribute
  246  to all school districts and high schools in the state procedures
  247  for enrollment of students in courses offered by the Florida
  248  Virtual School.
  249         10.(i) The board of trustees shall establish criteria
  250  defining the elements of an approved franchise. The board of
  251  trustees may enter into franchise agreements with Florida
  252  district school boards and may establish the terms and
  253  conditions governing such agreements. The board of trustees
  254  shall establish the performance and accountability measures and
  255  report the performance of each school district franchise to the
  256  Commissioner of Education.
  257         11.(j) The board of trustees shall submit to the State
  258  Board of Education both forecasted and actual enrollments and
  259  credit completions for the Florida Virtual School, according to
  260  procedures established by the State Board of Education. At a
  261  minimum, such procedures must include the number of public,
  262  private, and home education students served by program and by
  263  county of residence.
  264         12.(k) The board of trustees shall provide for the content
  265  and custody of student and employee personnel records. Student
  266  records shall be subject to the provisions of ss. s. 1002.22,
  267  1002.221, and 1002.222. Employee records shall be subject to the
  268  provisions of s. 1012.31.
  269         13.(l) The financial records and accounts of the Florida
  270  Virtual School shall be maintained under the direction of the
  271  board of trustees and under rules adopted by the State Board of
  272  Education for the uniform system of financial records and
  273  accounts for the schools of the state.
  274         14.The meetings of the board of trustees shall be
  275  conducted and noticed pursuant to s. 1001.372(1), (3), and (4).
  276  
  277  The Governor shall designate the initial chair of the board of
  278  trustees to serve a term of 4 years. Members of the board of
  279  trustees shall serve without compensation, but may be reimbursed
  280  for per diem and travel expenses pursuant to s. 112.061. The
  281  board of trustees shall be a body corporate with all the powers
  282  of a body corporate and such authority as is needed for the
  283  proper operation and improvement of the Florida Virtual School.
  284  The board of trustees is specifically authorized to adopt rules,
  285  policies, and procedures, consistent with law and rules of the
  286  State Board of Education related to governance, personnel,
  287  budget and finance, administration, programs, curriculum and
  288  instruction, travel and purchasing, technology, students,
  289  contracts and grants, and property as necessary for optimal,
  290  efficient operation of the Florida Virtual School. Tangible
  291  personal property owned by the board of trustees shall be
  292  subject to the provisions of chapter 273.
  293         (4) School districts operating a virtual school that is an
  294  approved franchise of the Florida Virtual School may count full
  295  time equivalent students, as provided in paragraph (3)(a), if
  296  such school has been certified as an approved franchise by the
  297  Commissioner of Education based on criteria established by the
  298  board of trustees pursuant to subparagraph (2)(b)10. paragraph
  299  (2)(i).
  300         (7) The board of trustees shall annually submit to the
  301  Governor, the Legislature, the Commissioner of Education, and
  302  the State Board of Education the audit report prepared pursuant
  303  to subsection (6) and a complete and detailed report setting
  304  forth:
  305         (b) The marketing and operational plan for the Florida
  306  Virtual School and Florida Virtual School Global, including
  307  recommendations regarding methods for improving the delivery of
  308  digital education through the Internet and other distance
  309  learning technology.
  310         (12)The board of trustees shall establish an Office of the
  311  Inspector General within the school using existing resources and
  312  funds. The office is responsible for promoting accountability,
  313  efficiency, and effectiveness and detecting fraud and abuse
  314  within the school. If there are substantiated allegations made
  315  by any person relating to waste, fraud, or financial
  316  mismanagement within the school, the office shall conduct,
  317  coordinate, or request investigations into such substantiated
  318  allegations. The office shall investigate allegations or reports
  319  of possible fraud or abuse against the school or its staff or
  320  students. The office shall have access to all information and
  321  personnel necessary to perform its duties.
  322         Section 3. Paragraphs (b) and (d) of subsection (1) and
  323  paragraph (a) of subsection (2) of section 1002.45, Florida
  324  Statutes, are amended to read:
  325         1002.45 Virtual instruction programs.—
  326         (1) PROGRAM.—
  327         (b) Each school district that is eligible for the sparsity
  328  supplement pursuant to s. 1011.62(7)(a) and (b) shall provide
  329  all enrolled public school students within its boundaries the
  330  option of participating in part-time and full-time virtual
  331  instruction programs and. Each school district that is not
  332  eligible for the sparsity supplement pursuant to s.
  333  1011.62(7)(a) and (b) shall provide at least three options for
  334  part-time and full-time virtual instruction. All school
  335  districts must provide parents with timely written notification
  336  of at least one open enrollment period for full-time students of
  337  90 days or more which ends 30 days before the first day of the
  338  school year. The purpose of the program is to make quality
  339  virtual instruction available to students using online and
  340  distance learning technology in the nontraditional classroom. A
  341  school district virtual instruction program shall consist of the
  342  following:
  343         1. Full-time and part-time virtual instruction for students
  344  enrolled in kindergarten through grade 12.
  345         2. Full-time or part-time virtual instruction for students
  346  enrolled in dropout prevention and academic intervention
  347  programs under s. 1003.53, Department of Juvenile Justice
  348  education programs under s. 1003.52, core-curricula courses to
  349  meet class size requirements under s. 1003.03, or Florida
  350  College System institutions under this section.
  351         (d) A virtual charter school may provide full-time virtual
  352  instruction for students in kindergarten through grade 12 if the
  353  virtual charter school has a charter approved pursuant to s.
  354  1002.33 authorizing full-time virtual instruction. A virtual
  355  charter school may provide part-time virtual instruction for
  356  such students if the school has provided full-time instruction
  357  for at least 1 school year. A virtual charter school may:
  358         1. Contract with the Florida Virtual School.
  359         2. Contract with an approved provider under subsection (2).
  360         3. Enter into an agreement with a school district to allow
  361  the participation of the virtual charter school’s students in
  362  the school district’s virtual instruction program. The agreement
  363  must indicate a process for reporting of student enrollment and
  364  the transfer of funds required by paragraph (7)(e).
  365         (2) PROVIDER QUALIFICATIONS.—
  366         (a) The department shall annually publish online a list of
  367  providers approved to offer virtual instruction programs. To be
  368  approved by the department, a provider must document that it:
  369         1. Is nonsectarian in its programs, admission policies,
  370  employment practices, and operations;
  371         2. Complies with the antidiscrimination provisions of s.
  372  1000.05;
  373         3. Locates an administrative office or offices in this
  374  state, requires its administrative staff to be state residents,
  375  requires all instructional staff to be Florida-certified
  376  teachers under chapter 1012 and conducts background screenings
  377  for all employees or contracted personnel, as required by s.
  378  1012.32, using state and national criminal history records;
  379         4. Provides to parents and students specific information
  380  posted and accessible online that includes, but is not limited
  381  to, the following teacher-parent and teacher-student contact
  382  information for each course:
  383         a. How to contact the instructor via phone, e-mail, or
  384  online messaging tools.
  385         b. How to contact technical support via phone, e-mail, or
  386  online messaging tools.
  387         c. How to contact the administration office via phone, e
  388  mail, or online messaging tools.
  389         d. Any requirement for regular contact with the instructor
  390  for the course and clear expectations for meeting the
  391  requirement.
  392         e. The requirement that the instructor in each course must,
  393  at a minimum, conduct one contact via phone with the parent and
  394  the student each month;
  395         5. Possesses prior, successful experience offering online
  396  courses to elementary, middle, or high school students as
  397  demonstrated by quantified student learning gains in each
  398  subject area and grade level provided for consideration as an
  399  instructional program option. However, for a provider without
  400  sufficient prior, successful experience offering online courses,
  401  the department may conditionally approve the provider to offer
  402  courses measured pursuant to subparagraph (8)(a)2. Conditional
  403  approval shall be valid for 1 school year only and, based on the
  404  provider’s experience in offering the courses, the department
  405  shall determine whether to grant approval to offer a virtual
  406  instruction program. However, the department may conditionally
  407  approve a provider for 2 school years at its discretion based on
  408  the provider’s success in other states;
  409         6. Is accredited by a regional accrediting association as
  410  defined by State Board of Education rule;
  411         7. Ensures instructional and curricular quality through a
  412  detailed curriculum and student performance accountability plan
  413  that addresses every subject and grade level it intends to
  414  provide through contract with the school district, including:
  415         a. Courses and programs that meet the standards of the
  416  International Association for K-12 Online Learning and the
  417  Southern Regional Education Board.
  418         b. Instructional content and services that align with, and
  419  measure student attainment of, student proficiency in the Next
  420  Generation Sunshine State Standards.
  421         c. Mechanisms that determine and ensure that a student has
  422  satisfied requirements for grade level promotion and high school
  423  graduation with a standard diploma, as appropriate;
  424         8. Publishes for the general public, in accordance with
  425  disclosure requirements adopted in rule by the State Board of
  426  Education, as part of its application as a provider and in all
  427  contracts negotiated pursuant to this section:
  428         a. Information and data about the curriculum of each full
  429  time and part-time program.
  430         b. School policies and procedures.
  431         c. Certification status and physical location of all
  432  administrative and instructional personnel.
  433         d. Hours and times of availability of instructional
  434  personnel.
  435         e. Student-teacher ratios.
  436         f. Student completion and promotion rates.
  437         g. Student, educator, and school performance accountability
  438  outcomes;
  439         9. If the provider is a Florida College System institution,
  440  employs instructors who meet the certification requirements for
  441  instructional staff under chapter 1012; and
  442         10. Performs an annual financial audit of its accounts and
  443  records conducted by an independent certified public accountant
  444  which is in accordance with rules adopted by the Auditor
  445  General, is conducted in compliance with generally accepted
  446  auditing standards, and includes a report on financial
  447  statements presented in accordance with generally accepted
  448  accounting principles.
  449         Section 4. This act shall take effect July 1, 2020.