Florida Senate - 2026 SB 124
By Senator Rodriguez
40-00230A-26 2026124__
1 A bill to be entitled
2 An act relating to the Florida Virtual School;
3 amending s. 1002.37, F.S.; deleting provisions
4 relating to the Florida Virtual School giving priority
5 to certain students; revising who may call a board of
6 trustees meeting; providing that the board of trustees
7 may use supplemental funding sources to develop a
8 state-of-the-art technology-based education delivery
9 system; authorizing the Florida Virtual School to
10 accrue supplemental revenue from direct-support
11 organizations; revising which entities review and
12 approve expenditures; revising which personnel are
13 subject to policies of the board of trustees; deleting
14 a requirement for the board of trustees to establish
15 priorities for the admission of students; deleting a
16 requirement for the board of trustees to establish
17 performance and accountability measures; revising
18 requirements for an annual report the board of
19 trustees must submit to specified entities; revising
20 which students are subject to specified requirements;
21 making technical changes; providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Paragraphs (b) and (c) of subsection (1),
26 subsections (2), (4), and (7), paragraph (b) of subsection (9),
27 and paragraph (d) of subsection (10) of section 1002.37, Florida
28 Statutes, are amended to read:
29 1002.37 The Florida Virtual School.—
30 (1)
31 (b) The mission of the Florida Virtual School is to provide
32 students with technology-based educational opportunities to gain
33 the knowledge and skills necessary to succeed. The school shall
34 serve all students any student in the state who meet meets the
35 profile for success in this educational delivery context and
36 shall give priority to:
37 1. Students who need expanded access to courses in order to
38 meet their educational goals, such as home education students
39 and students in inner-city and rural high schools who do not
40 have access to higher-level courses.
41 2. Students seeking accelerated access in order to obtain a
42 high school diploma at least one semester early.
43 3. Students who are children of an active duty member of
44 the United States Armed Forces who is not stationed in this
45 state whose home of record or state of legal residence is
46 Florida.
47 (c) To ensure parents and students are informed of the
48 opportunities offered by the Florida Virtual School, the
49 commissioner shall provide the board of trustees of the Florida
50 Virtual School access to the records of public school students
51 in a format prescribed by the board of trustees.
52
53 The board of trustees of the Florida Virtual School shall
54 identify appropriate performance measures and standards based on
55 student achievement that reflect the school’s statutory mission
56 and priorities, and shall implement an accountability system for
57 the school that includes assessment of its effectiveness and
58 efficiency in providing quality services that encourage high
59 student achievement, seamless articulation, and maximum access.
60 (2) The Florida Virtual School shall be governed by a board
61 of trustees consisting comprised of seven members appointed by
62 the Governor to 4-year staggered terms. The board of trustees
63 shall be a public agency entitled to sovereign immunity pursuant
64 to s. 768.28, and board members shall be public officers who
65 shall bear fiduciary responsibility for the Florida Virtual
66 School. The board of trustees shall have the following powers
67 and duties:
68 (a)1. The board of trustees shall meet at least 4 times
69 each year, upon the call of the board chair, or at the request
70 of a majority of the board membership, or at the request of the
71 president and chief executive officer of the Florida Virtual
72 School.
73 2. The fiscal year for the Florida Virtual School shall be
74 the state fiscal year as provided in s. 216.011(1)(q).
75 (b) The board of trustees shall be responsible for the
76 Florida Virtual School’s development of a state-of-the-art
77 technology-based education delivery system that is cost
78 effective, educationally sound, marketable, and capable of
79 sustaining a self-sufficient delivery system through the Florida
80 Education Finance Program and other supplemental funding
81 sources.
82 (c) The board of trustees shall aggressively seek avenues
83 to generate revenue to support its future endeavors, and shall
84 enter into agreements with distance learning providers. The
85 board of trustees may acquire, enjoy, use, and dispose of
86 patents, copyrights, and trademarks and any licenses and other
87 rights or interests thereunder or therein. Ownership of all such
88 patents, copyrights, trademarks, licenses, and rights or
89 interests thereunder or therein shall vest in the state, with
90 the board of trustees having full right of use and full right to
91 retain the revenues derived therefrom. Any funds realized from
92 patents, copyrights, trademarks, or licenses shall be considered
93 internal funds as provided in s. 1011.07. Such funds shall be
94 used to support the school’s mission and its marketing, and
95 research, and development activities in order to improve
96 courseware and services to its students.
97 (d) The board of trustees shall be responsible for the
98 administration and control of all local school funds derived
99 from all activities or sources and shall prescribe the
100 principles and procedures to be followed in administering these
101 funds.
102 (e) The Florida Virtual School may accrue supplemental
103 revenue from direct-support organizations and supplemental
104 support organizations, which include, but are not limited to,
105 alumni associations, foundations, parent-teacher associations,
106 and booster associations. The governing body of each direct
107 support and supplemental support organization shall recommend
108 the expenditure of moneys collected by the organization for the
109 benefit of the school. Such expenditures shall be contingent
110 upon the review and approval of the president and chief
111 executive officer of the Florida Virtual School or authorized
112 designees executive director. The executive director may
113 override any proposed expenditure of the organization that would
114 violate Florida law or breach sound educational management.
115 (f) In accordance with law and rules of the State Board of
116 Education, the board of trustees shall administer and maintain
117 personnel programs for all employees of the board of trustees
118 and the Florida Virtual School. The board of trustees may adopt
119 rules, policies, and procedures related to the appointment,
120 employment, and removal of personnel.
121 1. The board of trustees shall determine the compensation,
122 including salaries and fringe benefits, and other conditions of
123 employment for such personnel.
124 2. The board of trustees may establish and maintain a
125 personnel loan or exchange program by which persons employed by
126 the board of trustees for the Florida Virtual School as academic
127 administrative and instructional staff may be loaned to, or
128 exchanged with persons employed in like capacities by, public
129 agencies either within or without this state, or by private
130 industry. With respect to public agency employees, the program
131 authorized by this subparagraph shall be consistent with the
132 requirements of part II of chapter 112. The salary and benefits
133 of board of trustees personnel participating in the loan or
134 exchange program shall be continued during the period of time
135 they participate in a loan or exchange program, and such
136 personnel shall be deemed to have no break in creditable or
137 continuous service or employment during such time. The salary
138 and benefits of persons participating in the personnel loan or
139 exchange program who are employed by public agencies or private
140 industry shall be paid by the originating employers of those
141 participants, and such personnel shall be deemed to have no
142 break in creditable or continuous service or employment during
143 such time.
144 3. The employment of all Florida Virtual School academic
145 administrative and instructional personnel or administrative
146 personnel, as those terms are defined in s. 1012.01(2) and (3),
147 respectively shall be subject to rejection for cause by the
148 board of trustees, and shall be subject to policies of the board
149 of trustees relative to certification, tenure, leaves of
150 absence, sabbaticals, remuneration, and such other conditions of
151 employment as the board of trustees deems necessary and proper,
152 not inconsistent with law.
153 4. Each person employed by the board of trustees in an
154 academic administrative or instructional capacity with the
155 Florida Virtual School shall be entitled to a contract as
156 provided by policies rules of the board of trustees.
157 5. All employees except temporary, seasonal, and student
158 employees must may be state employees for the purpose of being
159 eligible to participate in the Florida Retirement System and
160 receive benefits. The classification and pay plan, including
161 terminal leave and other benefits, and any amendments thereto,
162 shall be subject to review and approval by the Department of
163 Management Services and the Executive Office of the Governor
164 prior to adoption.
165 (g) The board of trustees shall establish priorities for
166 admission of students in accordance with paragraph (1)(b).
167 (h) The board of trustees shall establish and distribute to
168 all school districts and high schools in the state procedures
169 for enrollment of students in courses offered by the Florida
170 Virtual School.
171 (h)(i) The board of trustees shall establish criteria
172 defining the elements of an approved franchise. The board of
173 trustees may enter into contracts and franchise agreements with
174 Florida district school boards and other public and private
175 entities and governmental agencies and may establish the terms
176 and conditions governing such contracts or agreements. The board
177 of trustees shall establish the performance and accountability
178 measures and report the performance of each school district
179 franchise to the Commissioner of Education.
180 (i)(j) The board of trustees shall submit to the State
181 Board of Education both forecasted and actual enrollments and
182 credit completions for the Florida Virtual School, according to
183 procedures established by the State Board of Education. At a
184 minimum, such procedures must include the number of public,
185 private, and home education students served by program and by
186 county of residence.
187 (j)(k) The board of trustees shall provide for the content
188 and custody of student and employee personnel records. Student
189 records shall be subject to the provisions of s. 1002.22.
190 Employee records shall be subject to the provisions of s.
191 1012.31.
192 (k)(l) The financial records and accounts of the Florida
193 Virtual School shall be maintained under the direction of the
194 board of trustees and under rules adopted by the State Board of
195 Education for the uniform system of financial records and
196 accounts for the schools of the state.
197
198 The Governor shall designate the initial chair of the board of
199 trustees to serve a term of 4 years. Members of the board of
200 trustees shall serve without compensation, but may be reimbursed
201 for per diem and travel expenses pursuant to s. 112.061. The
202 board of trustees shall be a body corporate with all the powers
203 of a body corporate and such authority as is needed for the
204 proper operation and improvement of the Florida Virtual School.
205 The board of trustees is specifically authorized to adopt rules,
206 policies, and procedures, consistent with law and rules of the
207 State Board of Education related to governance, personnel,
208 budget and finance, administration, programs, curriculum and
209 instruction, travel and purchasing, technology, students,
210 contracts and grants, and property as necessary for optimal,
211 efficient operation of the Florida Virtual School. Tangible
212 personal property owned by the board of trustees shall be
213 subject to the provisions of chapter 273.
214 (4) School districts operating a virtual school that is an
215 approved franchise of the Florida Virtual School may count full
216 time equivalent students, as provided in paragraph (3)(a), if
217 such school has been certified as an approved franchise by the
218 Commissioner of Education based on criteria established by the
219 board of trustees pursuant to paragraph (2)(h) (2)(i).
220 (7) The board of trustees shall annually submit to the
221 Governor, the Legislature, the Commissioner of Education, and
222 the State Board of Education the audit report prepared pursuant
223 to subsection (6) and a complete and detailed report setting
224 forth:
225 (a) the operations and accomplishments of the Florida
226 Virtual School within the state and those occurring outside the
227 state as Florida Virtual School Global.
228 (b) The marketing and operational plan for the Florida
229 Virtual School and Florida Virtual School Global, including
230 recommendations regarding methods for improving the delivery of
231 education through the Internet and other distance learning
232 technology.
233 (c) The assets and liabilities of the Florida Virtual
234 School and Florida Virtual School Global at the end of the
235 fiscal year.
236 (d) Recommendations regarding the unit cost of providing
237 services to students through the Florida Virtual School and
238 Florida Virtual School Global. In order to most effectively
239 develop public policy regarding any future funding of the
240 Florida Virtual School, it is imperative that the cost of the
241 program is accurately identified. The identified cost of the
242 program must be based on reliable data.
243 (e) Recommendations regarding an accountability mechanism
244 to assess the effectiveness of the services provided by the
245 Florida Virtual School and Florida Virtual School Global.
246 (9)
247 (b) For students receiving full-time or part-time
248 instruction in kindergarten through grade 5 and students
249 receiving full-time instruction in kindergarten through grade 12
250 from the Florida Virtual School, the full-time equivalent
251 student enrollment calculated under this subsection is subject
252 to the requirements in s. 1011.61(3).
253 (10)
254 (d) Unless an alternative testing site is mutually agreed
255 to by the Florida Virtual School and the school district or as
256 contracted under s. 1008.24, all industry certification
257 examinations, national assessments, progress monitoring under s.
258 1008.25(9), and statewide assessments must be taken at the
259 school to which the student would be assigned according to
260 district school board attendance areas. A school district must
261 provide the student with access to the school’s testing
262 facilities, a test administrator, and the date and time of the
263 administration of progress monitoring and each examination or
264 assessment.
265 Section 2. This act shall take effect July 1, 2026.