Florida Senate - 2023 SB 926
By Senator Rodriguez
40-00576A-23 2023926__
1 A bill to be entitled
2 An act relating to the Florida Virtual School;
3 amending s. 121.091, F.S.; authorizing the board of
4 trustees of the Florida Virtual School (FLVS) to
5 reemploy retirees in certain positions under certain
6 conditions; authorizing additional personnel to
7 participate in the Deferred Retirement Option Program;
8 creating s. 1008.213, F.S.; providing flexibility in
9 assessment administration for FLVS full-time students
10 of military families residing outside this state;
11 providing that statewide, standardized assessments for
12 students granted such flexibility in assessment
13 administration must be administered securely by a
14 licensed, certified instructor or Education Services
15 Officer test administrator at their parent’s or
16 guardian’s current military duty station; specifying
17 the procedure for the student’s parent or guardian to
18 request flexibility in assessment administration;
19 requiring FLVS to recommend to the Department of
20 Education whether flexibility in assessment
21 administration should be granted for a given statewide
22 assessment; providing requirements for the department
23 in making a determination; authorizing the Legislature
24 to request a report from FLVS regarding requests for
25 flexibility in assessment administration; requiring
26 the State Board of Education to adopt rules; amending
27 s. 1008.22, F.S.; providing flexibility in assessment
28 administration for certain FLVS students regarding
29 certain assessments; defining the term “child of a
30 military family residing outside this state eligible
31 for flexibility in assessment administration”;
32 providing requirements for flexibility in assessment
33 administration; amending s. 1011.61, F.S.; providing
34 requirements for funding FLVS students for successful
35 credit completions; providing that there is no cap on
36 the number of credit completions per student if the
37 student satisfies a specified requirement; providing
38 an effective date.
39
40 Be It Enacted by the Legislature of the State of Florida:
41
42 Section 1. Paragraph (b) of subsection (13) of section
43 121.091, Florida Statutes, is amended, and paragraph (g) is
44 added to subsection (9) of that section, to read:
45 121.091 Benefits payable under the system.—Benefits may not
46 be paid under this section unless the member has terminated
47 employment as provided in s. 121.021(39)(a) or begun
48 participation in the Deferred Retirement Option Program as
49 provided in subsection (13), and a proper application has been
50 filed in the manner prescribed by the department. The department
51 may cancel an application for retirement benefits when the
52 member or beneficiary fails to timely provide the information
53 and documents required by this chapter and the department’s
54 rules. The department shall adopt rules establishing procedures
55 for application for retirement benefits and for the cancellation
56 of such application when the required information or documents
57 are not received.
58 (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.—
59 (g) The board of trustees of the Florida Virtual School may
60 reemploy a retiree as a substitute or hourly teacher, an
61 education paraprofessional, or administrative or support
62 personnel on a noncontractual basis after he or she has been
63 retired for 1 calendar month. The board of trustees of the
64 Florida Virtual School may reemploy a retiree as instructional,
65 administrative, or support personnel on a contractual basis
66 after he or she has been retired for 1 calendar month. The
67 reemployed member may receive retirement benefits and
68 compensation from the board of trustees of the Florida Virtual
69 School. Any member who is reemployed within 1 calendar month
70 after retirement shall void his or her application for
71 retirement benefits. The board of trustees of the Florida
72 Virtual School reemploying such teachers, education
73 paraprofessionals, or administrative or support personnel is
74 subject to the retirement contribution required by subparagraph
75 (b)2.
76 (13) DEFERRED RETIREMENT OPTION PROGRAM.—In general, and
77 subject to this section, the Deferred Retirement Option Program,
78 hereinafter referred to as DROP, is a program under which an
79 eligible member of the Florida Retirement System may elect to
80 participate, deferring receipt of retirement benefits while
81 continuing employment with his or her Florida Retirement System
82 employer. The deferred monthly benefits shall accrue in the
83 Florida Retirement System on behalf of the member, plus interest
84 compounded monthly, for the specified period of the DROP
85 participation, as provided in paragraph (c). Upon termination of
86 employment, the member shall receive the total DROP benefits and
87 begin to receive the previously determined normal retirement
88 benefits. Participation in the DROP does not guarantee
89 employment for the specified period of DROP. Participation in
90 DROP by an eligible member beyond the initial 60-month period as
91 authorized in this subsection shall be on an annual contractual
92 basis for all participants.
93 (b) Participation in DROP.—Except as provided in this
94 paragraph, an eligible member may elect to participate in DROP
95 for a period not to exceed a maximum of 60 calendar months.
96 1.a. Members who are instructional personnel employed by
97 the Florida School for the Deaf and the Blind and authorized by
98 the Board of Trustees of the Florida School for the Deaf and the
99 Blind;, who are instructional personnel as defined in s.
100 1012.01(2)(a)-(d) in grades K-12 and authorized by the district
101 school superintendent; who are instructional, administrative, or
102 support personnel employed and authorized by the board of
103 trustees of the Florida Virtual School;, or who are
104 instructional personnel as defined in s. 1012.01(2)(a), employed
105 by a developmental research school and authorized by the
106 school’s director, or if the school has no director, by the
107 school’s principal, may participate in DROP for up to 36
108 calendar months beyond the 60-month period. Effective July 1,
109 2018, instructional personnel who are authorized to extend DROP
110 participation beyond the 60-month period must have a termination
111 date that is the last day of the last calendar month of the
112 school year within the DROP extension granted by the employer.
113 If, on July 1, 2018, the member’s DROP participation has already
114 been extended for the maximum 36 calendar months and the
115 extension period concludes before the end of the school year,
116 the member’s DROP participation may be extended through the last
117 day of the last calendar month of that school year. The employer
118 shall notify the division of the change in termination date and
119 the additional period of DROP participation for the affected
120 instructional personnel.
121 b. Administrative personnel in grades K-12, as defined in
122 s. 1012.01(3), who have a DROP termination date on or after July
123 1, 2018, may be authorized to extend DROP participation beyond
124 the initial 60 calendar month period if the administrative
125 personnel’s termination date is before the end of the school
126 year. Such administrative personnel may have DROP participation
127 extended until the last day of the last calendar month of the
128 school year in which their original DROP termination date
129 occurred if a date other than the last day of the last calendar
130 month of the school year is designated. The employer shall
131 notify the division of the change in termination date and the
132 additional period of DROP participation for the affected
133 administrative personnel.
134 c. Effective July 1, 2022, a member of the Special Risk
135 Class who is a law enforcement officer who meets the criteria in
136 s. 121.0515(3)(a) and who is a DROP participant on or after July
137 1, 2022, may participate in DROP for up to 36 calendar months
138 beyond the 60-month period if he or she enters DROP on or before
139 June 30, 2028.
140 2. Upon deciding to participate in DROP, the member shall
141 submit, on forms required by the division:
142 a. A written election to participate in DROP;
143 b. Selection of DROP participation and termination dates
144 that satisfy the limitations stated in paragraph (a) and
145 subparagraph 1. The termination date must be in a binding letter
146 of resignation to the employer establishing a deferred
147 termination date. The member may change the termination date
148 within the limitations of subparagraph 1., but only with the
149 written approval of the employer;
150 c. A properly completed DROP application for service
151 retirement as provided in this section; and
152 d. Any other information required by the division.
153 3. The DROP participant is a retiree under the Florida
154 Retirement System for all purposes, except for paragraph (5)(f)
155 and subsection (9) and ss. 112.3173, 112.363, 121.053, and
156 121.122. DROP participation is final and may not be canceled by
157 the participant after the first payment is credited during the
158 DROP participation period. However, participation in DROP does
159 not alter the participant’s employment status, and the member is
160 not deemed retired from employment until his or her deferred
161 resignation is effective and termination occurs as defined in s.
162 121.021.
163 4. Elected officers are eligible to participate in DROP
164 subject to the following:
165 a. An elected officer who reaches normal retirement date
166 during a term of office may defer the election to participate
167 until the next succeeding term in that office. An elected
168 officer who exercises this option may participate in DROP for up
169 to 60 calendar months or no longer than the succeeding term of
170 office, whichever is less.
171 b. An elected or a nonelected participant may run for a
172 term of office while participating in DROP and, if elected,
173 extend the DROP termination date accordingly; however, if such
174 additional term of office exceeds the 60-month limitation
175 established in subparagraph 1., and the officer does not resign
176 from office within such 60-month limitation, the retirement and
177 the participant’s DROP is null and void as provided in sub
178 subparagraph (c)5.d.
179 c. An elected officer who is dually employed and elects to
180 participate in DROP must terminate all employment relationships
181 as provided in s. 121.021(39) for the nonelected position within
182 the original 60-month period or maximum participation period as
183 provided in subparagraph 1. For DROP participation ending:
184 (I) Before July 1, 2010, the officer may continue
185 employment as an elected officer as provided in s. 121.053. The
186 elected officer shall be enrolled as a renewed member in the
187 Elected Officers’ Class or the Regular Class, as provided in ss.
188 121.053 and 121.122, on the first day of the month after
189 termination of employment in the nonelected position and
190 termination of DROP. Distribution of the DROP benefits shall be
191 made as provided in paragraph (c).
192 (II) On or after July 1, 2010, the officer may continue
193 employment as an elected officer but must defer termination as
194 provided in s. 121.053.
195 Section 2. Section 1008.213, Florida Statutes, is created
196 to read:
197 1008.213 Children of military families residing outside
198 this state; flexible assessment administration.—
199 (1) A Florida Virtual School (FLVS) full-time student of a
200 military family residing outside this state who is prevented by
201 his or her parent’s or guardian’s out-of-state military duty
202 station’s location from participating in a Florida-based FLVS
203 secure and proctored exam shall be offered flexibility with
204 respect to assessment administration in order to demonstrate the
205 grade-level mastery of skills that have been acquired and are
206 measured by the statewide, standardized comprehensive assessment
207 pursuant to s. 1008.22(3)(a), the statewide, standardized end
208 of-course assessment pursuant to s. 1008.22(3)(b), or an
209 alternate assessment pursuant to s. 1008.22(3)(d).
210 (2)(a) The flexibility in assessment administration must
211 allow a FLVS full-time student from a military family currently
212 stationed outside this state to participate in statewide,
213 standardized assessments administered securely by a licensed,
214 certified instructor or Education Services Officer (ESO) test
215 administrator at his or her parent’s or guardian’s current
216 military duty station.
217 (b) A licensed, certified instructor or ESO test
218 administrator must meet the criteria specified in s.
219 1008.24(3)(a).
220 (3) The student’s parent or guardian may submit to FLVS a
221 written request for flexibility in assessment administration at
222 any time during the school year, but not later than 90 days
223 before the current school year’s assessment administration for
224 which the request is made. A request must include written,
225 official documentation of the family’s current out-of-state
226 military duty stationing.
227 (4) Based on such documentation provided by the family
228 pursuant to subsection (3), FLVS shall submit a recommendation
229 to the Department of Education as soon as practicable as to
230 whether flexibility in assessment administration for a given
231 statewide assessment should be granted or denied. Upon receipt
232 of the request, documentation, and recommendation, the
233 department shall verify the information documented as soon as
234 practicable, make a determination, and notify FLVS within 14
235 days. After the receipt of the initial request, FLVS shall
236 notify the parent or guardian whether the flexibility in
237 assessment administration has been granted or denied. If the
238 department grants the request, the student’s progress must be
239 assessed with flexibility in assessment administration, in the
240 manner required in s. 1008.22.
241 (5) A report containing the number of requests for
242 flexibility in assessment administration made under this
243 section, the number of requests for flexibility in assessment
244 administration granted under this section, and data regarding
245 student performance on statewide, standardized assessments may
246 be requested of FLVS by the Legislature.
247 (6) The State Board of Education shall adopt rules to
248 expedite the process by which requests for flexibility in
249 assessment administration are reviewed and approved. Such rules
250 must demonstrate the utmost consideration for meeting the
251 parent’s or guardian’s and child’s needs.
252 Section 3. Present subsections (11) through (14) of section
253 1008.22, Florida Statutes, are redesignated as subsections (12)
254 through (15), respectively, and a new subsection (11) is added
255 to that section, to read:
256 1008.22 Student assessment program for public schools.—
257 (11) CHILD OF A MILITARY FAMILY RESIDING OUTSIDE THIS
258 STATE.—In addition to the flexibility in assessment
259 administration provided for under s. 1008.213, effective July 1,
260 2023, a child of a military family residing outside this state
261 is eligible for flexibility in assessment administration in
262 accordance with this subsection when participating in the
263 statewide, standardized comprehensive assessment pursuant to
264 paragraph (3)(a), statewide, standardized end-of-course
265 assessment pursuant to paragraph (3)(b), or an alternate
266 assessment pursuant to paragraph (3)(d).
267 (a) Definition.—For the purposes of this subsection, the
268 term “child of a military family residing outside this state
269 eligible for flexibility in assessment administration” means a
270 Florida Virtual School (FLVS) full-time student of a military
271 family residing outside this state who is prevented by his or
272 her parent’s or guardian’s out-of-state military duty station’s
273 location from participating in a Florida-based FLVS secure and
274 proctored exam.
275 (b) Flexibility in assessment administration option.—The
276 flexibility in assessment administration offered under this
277 subsection must allow an FLVS full-time student from a military
278 family currently stationed outside this state to participate in
279 statewide, standardized assessments administered securely by a
280 licensed, certified instructor or Education Services Officer
281 test administrator at his or her family’s current military duty
282 station.
283 Section 4. Paragraph (c) of subsection (1) of section
284 1011.61, Florida Statutes, is amended to read:
285 1011.61 Definitions.—Notwithstanding the provisions of s.
286 1000.21, the following terms are defined as follows for the
287 purposes of the Florida Education Finance Program:
288 (1) A “full-time equivalent student” in each program of the
289 district is defined in terms of full-time students and part-time
290 students as follows:
291 (c)1. A “full-time equivalent student” is:
292 a. A full-time student in any one of the programs listed in
293 s. 1011.62(1)(c); or
294 b. A combination of full-time or part-time students in any
295 one of the programs listed in s. 1011.62(1)(c) which is the
296 equivalent of one full-time student based on the following
297 calculations:
298 (I) A full-time student in a combination of programs listed
299 in s. 1011.62(1)(c) shall be a fraction of a full-time
300 equivalent membership in each special program equal to the
301 number of net hours per school year for which he or she is a
302 member, divided by the appropriate number of hours set forth in
303 subparagraph (a)1. The difference between that fraction or sum
304 of fractions and the maximum value as set forth in subsection
305 (4) for each full-time student is presumed to be the balance of
306 the student’s time not spent in a special program and shall be
307 recorded as time in the appropriate basic program.
308 (II) A prekindergarten student with a disability shall meet
309 the requirements specified for kindergarten students.
310 (III) A full-time equivalent student for students in
311 kindergarten through grade 12 in a full-time virtual instruction
312 program under s. 1002.45 or a virtual charter school under s.
313 1002.33 shall consist of six full-credit completions or the
314 prescribed level of content that counts toward promotion to the
315 next grade in programs listed in s. 1011.62(1)(c). Credit
316 completions may be a combination of full-credit courses or half
317 credit courses.
318 (IV) A full-time equivalent student for students in
319 kindergarten through grade 12 in a part-time virtual instruction
320 program under s. 1002.45 shall consist of six full-credit
321 completions in programs listed in s. 1011.62(1)(c)1. and 3.
322 Credit completions may be a combination of full-credit courses
323 or half-credit courses.
324 (V) A Florida Virtual School full-time equivalent student
325 shall consist of six full-credit completions or the prescribed
326 level of content that counts toward promotion to the next grade
327 in the programs listed in s. 1011.62(1)(c)1. and 3. for students
328 participating in kindergarten through grade 12 part-time virtual
329 instruction and the programs listed in s. 1011.62(1)(c) for
330 students participating in kindergarten through grade 12 full
331 time virtual instruction. Credit completions may be a
332 combination of full-credit courses or half-credit courses. A
333 student who has successful credit completions shall be funded
334 for each credit completion, regardless of the number of surveys
335 the student is reported in. There may not be a cap on the number
336 of credit completions per student as long as the student seeks
337 accelerated access pursuant to s. 1002.37(1)(b)2.
338 (VI) Each successfully completed full-credit course earned
339 through an online course delivered by a district other than the
340 one in which the student resides shall be calculated as 1/6 FTE.
341 (VII) A full-time equivalent student for courses requiring
342 passage of a statewide, standardized end-of-course assessment
343 under s. 1003.4282 to earn a standard high school diploma shall
344 be defined and reported based on the number of instructional
345 hours as provided in this subsection.
346 (VIII) For students enrolled in a school district as a
347 full-time student, the district may report 1/6 FTE for each
348 student who passes a statewide, standardized end-of-course
349 assessment without being enrolled in the corresponding course.
350 2. A student in membership in a program scheduled for more
351 or less than 180 school days or the equivalent on an hourly
352 basis as specified by rules of the State Board of Education is a
353 fraction of a full-time equivalent membership equal to the
354 number of instructional hours in membership divided by the
355 appropriate number of hours set forth in subparagraph (a)1.;
356 however, for the purposes of this subparagraph, membership in
357 programs scheduled for more than 180 days is limited to students
358 enrolled in:
359 a. Juvenile justice education programs.
360 b. The Florida Virtual School.
361 c. Virtual instruction programs and virtual charter schools
362 for the purpose of course completion and credit recovery
363 pursuant to ss. 1002.45 and 1003.498. Course completion applies
364 only to a student who is reported during the second or third
365 membership surveys and who does not complete a virtual education
366 course by the end of the regular school year. The course must be
367 completed no later than the deadline for amending the final
368 student enrollment survey for that year. Credit recovery applies
369 only to a student who has unsuccessfully completed a traditional
370 or virtual education course during the regular school year and
371 must retake the course in order to be eligible to graduate with
372 the student’s class.
373
374 The full-time equivalent student enrollment calculated under
375 this subsection is subject to the requirements in subsection
376 (4).
377
378 The department shall determine and implement an equitable method
379 of equivalent funding for schools operating under emergency
380 conditions, which schools have been approved by the department
381 to operate for less than the minimum term as provided in s.
382 1011.60(2).
383 Section 5. This act shall take effect July 1, 2023.