Florida Senate - 2011                             CS for SB 1620
       
       
       
       By the Committee on Rules; and Senator Flores
       
       
       
       
       595-05163-11                                          20111620c1
    1                        A bill to be entitled                      
    2         An act relating to digital learning; creating s.
    3         1002.321, F.S.; creating the Digital Learning Now Act;
    4         providing legislative findings related to the elements
    5         to be included in high-quality digital learning;
    6         providing digital preparation requirements; providing
    7         for customized and accelerated learning; amending s.
    8         1002.33, F.S.; authorizing the establishment of
    9         virtual charter schools; providing application
   10         requirements for establishment of a virtual charter
   11         school; authorizing a charter school to implement
   12         blended learning courses; requiring each charter
   13         school governing board to appoint a representative and
   14         specifying duties; requiring each governing board to
   15         hold two public meetings per school year; providing
   16         funding for a virtual charter school; establishing
   17         administrative fees for a virtual charter school;
   18         amending s. 1002.37, F.S.; redefining the term “full
   19         time equivalent student” as it applies to the Florida
   20         Virtual School; providing instruction, eligibility,
   21         funding, assessment, and accountability requirements;
   22         amending s. 1002.45, F.S.; revising the definition of
   23         the term “virtual instruction program”; revising
   24         school district requirements for providing virtual
   25         instruction programs; requiring full-time and part
   26         time virtual instruction program options; authorizing
   27         a school district to enter into an agreement with a
   28         virtual charter school to provide virtual instruction
   29         to district students; authorizing virtual charter
   30         school contracts; providing additional provider
   31         qualifications relating to curriculum, student
   32         performance accountability, and disclosure; revising
   33         student eligibility requirements; providing funding
   34         and accountability requirements; creating s. 1002.455,
   35         F.S.; establishing student eligibility requirements
   36         for K-12 virtual instruction; amending s. 1003.428,
   37         F.S.; requiring at least one course required for high
   38         school graduation to be completed through online
   39         learning; creating s. 1003.498, F.S.; authorizing
   40         school districts to offer virtual courses and blended
   41         learning courses; amending s. 1008.22, F.S.; requiring
   42         all statewide end-of-course assessments to be
   43         administrated online beginning with the 2014-2015
   44         school year; amending s. 1011.61, F.S.; redefining the
   45         term “full-time equivalent student” for purposes of
   46         virtual instruction; amending s. 1012.57, F.S.;
   47         authorizing school districts to issue adjunct teaching
   48         certificates to qualified applicants to provide online
   49         instruction; revising requirements for adjunct
   50         teaching certificateholders; providing for annual
   51         contracts; amending ss. 1000.04, 1002.20, and 1003.03,
   52         F.S.; conforming provisions to changes made by the
   53         act; requiring the Department of Education to submit a
   54         report to the Governor and the Legislature relating to
   55         school district offering of, and student access to,
   56         digital learning; providing an effective date.
   57  
   58  Be It Enacted by the Legislature of the State of Florida:
   59  
   60         Section 1. Section 1002.321, Florida Statutes, is created
   61  to read:
   62         1002.321 Digital learning.—
   63         (1) DIGITAL LEARNING NOW ACT.—There is created the Digital
   64  Learning Now Act.
   65         (2) ELEMENTS OF HIGH-QUALITY DIGITAL LEARNING.—The
   66  Legislature finds that each student should have access to a
   67  high-quality digital learning environment that provides:
   68         (a) Access to digital learning.
   69         (b) Access to high-quality digital content and online
   70  courses.
   71         (c) Education that is customized to the needs of the
   72  student using digital content.
   73         (d) A means for the student to demonstrate competency in
   74  completed coursework.
   75         (e) High-quality digital content, instructional materials,
   76  and online and blended learning courses.
   77         (f) High-quality digital instruction and teachers.
   78         (g) Content and instruction that are evaluated on the
   79  metric of student learning.
   80         (h) The use of funding as an incentive for performance,
   81  options, and innovation.
   82         (i) Infrastructure that supports digital learning.
   83         (j) Online administration of state assessments.
   84         (3) DIGITAL PREPARATION.—Each student must graduate from
   85  high school having taken at least one online course, as provided
   86  in s. 1003.428.
   87         (4) CUSTOMIZED AND ACCELERATED LEARNING.—A school district
   88  must establish multiple opportunities for student participation
   89  in part-time and full-time kindergarten through grade 12 virtual
   90  instruction. Options include, but are not limited to:
   91         (a) School district operated part-time or full-time virtual
   92  instruction programs under s. 1002.45(1)(b) for kindergarten
   93  through grade 12 students enrolled in the school district. A
   94  full-time program shall operate under its own Master School
   95  Identification Number.
   96         (b) Florida Virtual School instructional services
   97  authorized under s. 1002.37.
   98         (c) Blended learning instruction provided by charter
   99  schools authorized under s. 1002.33.
  100         (d) Full-time virtual charter school instruction authorized
  101  under s. 1002.33.
  102         (e) Courses delivered in the traditional school setting by
  103  personnel providing direct instruction through a virtual
  104  environment or though a blended virtual and physical environment
  105  pursuant to s. 1003.498.
  106         (f) Virtual courses offered in the course code directory to
  107  students within the school district or to students in other
  108  school districts throughout the state pursuant to s. 1003.498.
  109         Section 2. Subsection (1), paragraph (a) of subsection (6),
  110  subsection (7), and paragraph (a) of subsection (20) of section
  111  1002.33, Florida Statutes, are amended, and paragraph (f) is
  112  added to subsection (17) of that section, to read:
  113         1002.33 Charter schools.—
  114         (1) AUTHORIZATION.—Charter schools shall be part of the
  115  state’s program of public education. All charter schools in
  116  Florida are public schools. A charter school may be formed by
  117  creating a new school or converting an existing public school to
  118  charter status. A charter school may operate a virtual charter
  119  school pursuant to s. 1002.45(1)(d) to provide full-time online
  120  instruction to eligible students, pursuant to s. 1002.455, in
  121  kindergarten through grade 12. A charter school must amend its
  122  charter or submit a new application pursuant to subsection (6)
  123  to become a virtual charter school. A virtual charter school is
  124  subject to the requirements of this section; however, a virtual
  125  charter school is exempt from subsections (18) and (19),
  126  subparagraphs (20)(a)2.-5., paragraph (20)(c), and s. 1003.03. A
  127  public school may not use the term charter in its name unless it
  128  has been approved under this section.
  129         (6) APPLICATION PROCESS AND REVIEW.—Charter school
  130  applications are subject to the following requirements:
  131         (a) A person or entity wishing to open a charter school
  132  shall prepare and submit an application on a model application
  133  form prepared by the Department of Education which:
  134         1. Demonstrates how the school will use the guiding
  135  principles and meet the statutorily defined purpose of a charter
  136  school.
  137         2. Provides a detailed curriculum plan that illustrates how
  138  students will be provided services to attain the Sunshine State
  139  Standards.
  140         3. Contains goals and objectives for improving student
  141  learning and measuring that improvement. These goals and
  142  objectives must indicate how much academic improvement students
  143  are expected to show each year, how success will be evaluated,
  144  and the specific results to be attained through instruction.
  145         4. Describes the reading curriculum and differentiated
  146  strategies that will be used for students reading at grade level
  147  or higher and a separate curriculum and strategies for students
  148  who are reading below grade level. A sponsor shall deny a
  149  charter if the school does not propose a reading curriculum that
  150  is consistent with effective teaching strategies that are
  151  grounded in scientifically based reading research.
  152         5. Contains an annual financial plan for each year
  153  requested by the charter for operation of the school for up to 5
  154  years. This plan must contain anticipated fund balances based on
  155  revenue projections, a spending plan based on projected revenues
  156  and expenses, and a description of controls that will safeguard
  157  finances and projected enrollment trends.
  158         6. Documents that the applicant has participated in the
  159  training required in subparagraph (f)2. A sponsor may require an
  160  applicant to provide additional information as an addendum to
  161  the charter school application described in this paragraph.
  162         7. For the establishment of a virtual charter school,
  163  documents that the applicant has contracted with a provider of
  164  virtual instruction services pursuant to s. 1002.45(1)(d).
  165         (7) CHARTER.—The major issues involving the operation of a
  166  charter school shall be considered in advance and written into
  167  the charter. The charter shall be signed by the governing board
  168  body of the charter school and the sponsor, following a public
  169  hearing to ensure community input.
  170         (a) The charter shall address and criteria for approval of
  171  the charter shall be based on:
  172         1. The school’s mission, the students to be served, and the
  173  ages and grades to be included.
  174         2. The focus of the curriculum, the instructional methods
  175  to be used, any distinctive instructional techniques to be
  176  employed, and identification and acquisition of appropriate
  177  technologies needed to improve educational and administrative
  178  performance which include a means for promoting safe, ethical,
  179  and appropriate uses of technology which comply with legal and
  180  professional standards.
  181         a. The charter shall ensure that reading is a primary focus
  182  of the curriculum and that resources are provided to identify
  183  and provide specialized instruction for students who are reading
  184  below grade level. The curriculum and instructional strategies
  185  for reading must be consistent with the Sunshine State Standards
  186  and grounded in scientifically based reading research.
  187         b. In order to provide students with access to diverse
  188  instructional delivery models, to facilitate the integration of
  189  technology within traditional classroom instruction, and to
  190  provide students with the skills they need to compete in the
  191  21st century economy, the Legislature encourages instructional
  192  methods for blended learning courses consisting of both
  193  traditional classroom and online instructional techniques.
  194  Charter schools may implement blended learning courses which
  195  combine traditional classroom instruction and virtual
  196  instruction. Students in a blended learning course must be full
  197  time students of the charter school and receive the online
  198  instruction in a classroom setting at the charter school.
  199  Instructional personnel certified pursuant to s. 1012.55 who
  200  provide virtual instruction for blended learning courses may be
  201  employees of the charter school or may be under contract to
  202  provide instructional services to charter school students. At a
  203  minimum, such instructional personnel must hold an active state
  204  or school district adjunct certification under s. 1012.57 for
  205  the subject area of the blended learning course. The funding and
  206  performance accountability requirements for blended learning
  207  courses are the same as those for traditional courses.
  208         3. The current incoming baseline standard of student
  209  academic achievement, the outcomes to be achieved, and the
  210  method of measurement that will be used. The criteria listed in
  211  this subparagraph shall include a detailed description of:
  212         a. How the baseline student academic achievement levels and
  213  prior rates of academic progress will be established.
  214         b. How these baseline rates will be compared to rates of
  215  academic progress achieved by these same students while
  216  attending the charter school.
  217         c. To the extent possible, how these rates of progress will
  218  be evaluated and compared with rates of progress of other
  219  closely comparable student populations.
  220  
  221  The district school board is required to provide academic
  222  student performance data to charter schools for each of their
  223  students coming from the district school system, as well as
  224  rates of academic progress of comparable student populations in
  225  the district school system.
  226         4. The methods used to identify the educational strengths
  227  and needs of students and how well educational goals and
  228  performance standards are met by students attending the charter
  229  school. The methods shall provide a means for the charter school
  230  to ensure accountability to its constituents by analyzing
  231  student performance data and by evaluating the effectiveness and
  232  efficiency of its major educational programs. Students in
  233  charter schools shall, at a minimum, participate in the
  234  statewide assessment program created under s. 1008.22.
  235         5. In secondary charter schools, a method for determining
  236  that a student has satisfied the requirements for graduation in
  237  s. 1003.43.
  238         6. A method for resolving conflicts between the governing
  239  board body of the charter school and the sponsor.
  240         7. The admissions procedures and dismissal procedures,
  241  including the school’s code of student conduct.
  242         8. The ways by which the school will achieve a
  243  racial/ethnic balance reflective of the community it serves or
  244  within the racial/ethnic range of other public schools in the
  245  same school district.
  246         9. The financial and administrative management of the
  247  school, including a reasonable demonstration of the professional
  248  experience or competence of those individuals or organizations
  249  applying to operate the charter school or those hired or
  250  retained to perform such professional services and the
  251  description of clearly delineated responsibilities and the
  252  policies and practices needed to effectively manage the charter
  253  school. A description of internal audit procedures and
  254  establishment of controls to ensure that financial resources are
  255  properly managed must be included. Both public sector and
  256  private sector professional experience shall be equally valid in
  257  such a consideration.
  258         10. The asset and liability projections required in the
  259  application which are incorporated into the charter and shall be
  260  compared with information provided in the annual report of the
  261  charter school.
  262         11. A description of procedures that identify various risks
  263  and provide for a comprehensive approach to reduce the impact of
  264  losses; plans to ensure the safety and security of students and
  265  staff; plans to identify, minimize, and protect others from
  266  violent or disruptive student behavior; and the manner in which
  267  the school will be insured, including whether or not the school
  268  will be required to have liability insurance, and, if so, the
  269  terms and conditions thereof and the amounts of coverage.
  270         12. The term of the charter which shall provide for
  271  cancellation of the charter if insufficient progress has been
  272  made in attaining the student achievement objectives of the
  273  charter and if it is not likely that such objectives can be
  274  achieved before expiration of the charter. The initial term of a
  275  charter shall be for 4 or 5 years. In order to facilitate access
  276  to long-term financial resources for charter school
  277  construction, charter schools that are operated by a
  278  municipality or other public entity as provided by law are
  279  eligible for up to a 15-year charter, subject to approval by the
  280  district school board. A charter lab school is eligible for a
  281  charter for a term of up to 15 years. In addition, to facilitate
  282  access to long-term financial resources for charter school
  283  construction, charter schools that are operated by a private,
  284  not-for-profit, s. 501(c)(3) status corporation are eligible for
  285  up to a 15-year charter, subject to approval by the district
  286  school board. Such long-term charters remain subject to annual
  287  review and may be terminated during the term of the charter, but
  288  only according to the provisions set forth in subsection (8).
  289         13. The facilities to be used and their location.
  290         14. The qualifications to be required of the teachers and
  291  the potential strategies used to recruit, hire, train, and
  292  retain qualified staff to achieve best value.
  293         15. The governance structure of the school, including the
  294  status of the charter school as a public or private employer as
  295  required in paragraph (12)(i).
  296         16. A timetable for implementing the charter which
  297  addresses the implementation of each element thereof and the
  298  date by which the charter shall be awarded in order to meet this
  299  timetable.
  300         17. In the case of an existing public school that is being
  301  converted to charter status, alternative arrangements for
  302  current students who choose not to attend the charter school and
  303  for current teachers who choose not to teach in the charter
  304  school after conversion in accordance with the existing
  305  collective bargaining agreement or district school board rule in
  306  the absence of a collective bargaining agreement. However,
  307  alternative arrangements shall not be required for current
  308  teachers who choose not to teach in a charter lab school, except
  309  as authorized by the employment policies of the state university
  310  which grants the charter to the lab school.
  311         18. Full disclosure of the identity of all relatives
  312  employed by the charter school who are related to the charter
  313  school owner, president, chairperson of the governing board of
  314  directors, superintendent, governing board member, principal,
  315  assistant principal, or any other person employed by the charter
  316  school who has equivalent decisionmaking authority. For the
  317  purpose of this subparagraph, the term “relative” means father,
  318  mother, son, daughter, brother, sister, uncle, aunt, first
  319  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  320  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  321  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  322  stepsister, half brother, or half sister.
  323         (b)1. A charter may be renewed provided that a program
  324  review demonstrates that the criteria in paragraph (a) have been
  325  successfully accomplished and that none of the grounds for
  326  nonrenewal established by paragraph (8)(a) has been documented.
  327  In order to facilitate long-term financing for charter school
  328  construction, charter schools operating for a minimum of 3 years
  329  and demonstrating exemplary academic programming and fiscal
  330  management are eligible for a 15-year charter renewal. Such
  331  long-term charter is subject to annual review and may be
  332  terminated during the term of the charter.
  333         2. The 15-year charter renewal that may be granted pursuant
  334  to subparagraph 1. shall be granted to a charter school that has
  335  received a school grade of “A” or “B” pursuant to s. 1008.34 in
  336  3 of the past 4 years and is not in a state of financial
  337  emergency or deficit position as defined by this section. Such
  338  long-term charter is subject to annual review and may be
  339  terminated during the term of the charter pursuant to subsection
  340  (8).
  341         (c) A charter may be modified during its initial term or
  342  any renewal term upon the recommendation of the sponsor or the
  343  charter school’s school governing board and the approval of both
  344  parties to the agreement.
  345         (d)1. Each charter school’s governing board must appoint a
  346  representative to facilitate parental involvement, provide
  347  access to information, assist parents and others with questions
  348  and concerns, and resolve disputes. The representative must
  349  reside in the school district in which the charter school is
  350  located and may be a governing board member, charter school
  351  employee, or individual contracted to represent the governing
  352  board. If the governing board oversees multiple charter schools
  353  in the same school district, a single representative may be
  354  appointed to serve all such schools. The representative’s
  355  contact information must be provided annually in writing to
  356  parents and posted prominently on the charter school’s website
  357  if a website is maintained by the school. The sponsor may not
  358  require that governing board members of the charter school
  359  reside in the school district in which the charter school is
  360  located if the charter school complies with this paragraph.
  361         2. Each charter school’s governing board must hold at least
  362  two public meetings per school year in the school district. The
  363  meetings must be noticed, open, and accessible to the public,
  364  and attendees must be provided an opportunity to receive
  365  information and provide input regarding the charter school’s
  366  operations. The appointed representative and charter school
  367  principal or director, or his or her equivalent, must be
  368  physically present at each meeting.
  369         (17) FUNDING.—Students enrolled in a charter school,
  370  regardless of the sponsorship, shall be funded as if they are in
  371  a basic program or a special program, the same as students
  372  enrolled in other public schools in the school district. Funding
  373  for a charter lab school shall be as provided in s. 1002.32.
  374         (f) Funding for a virtual charter school shall be as
  375  provided in s. 1002.45(7).
  376         (20) SERVICES.—
  377         (a)1. A sponsor shall provide certain administrative and
  378  educational services to charter schools. These services shall
  379  include contract management services; full-time equivalent and
  380  data reporting services; exceptional student education
  381  administration services; services related to eligibility and
  382  reporting duties required to ensure that school lunch services
  383  under the federal lunch program, consistent with the needs of
  384  the charter school, are provided by the school district at the
  385  request of the charter school, that any funds due to the charter
  386  school under the federal lunch program be paid to the charter
  387  school as soon as the charter school begins serving food under
  388  the federal lunch program, and that the charter school is paid
  389  at the same time and in the same manner under the federal lunch
  390  program as other public schools serviced by the sponsor or the
  391  school district; test administration services, including payment
  392  of the costs of state-required or district-required student
  393  assessments; processing of teacher certificate data services;
  394  and information services, including equal access to student
  395  information systems that are used by public schools in the
  396  district in which the charter school is located. Student
  397  performance data for each student in a charter school,
  398  including, but not limited to, FCAT scores, standardized test
  399  scores, previous public school student report cards, and student
  400  performance measures, shall be provided by the sponsor to a
  401  charter school in the same manner provided to other public
  402  schools in the district.
  403         2. A total administrative fee for the provision of such
  404  services shall be calculated based upon up to 5 percent of the
  405  available funds defined in paragraph (17)(b) for all students.
  406  However, a sponsor may only withhold up to a 5-percent
  407  administrative fee for enrollment for up to and including 250
  408  students. For charter schools with a population of 251 or more
  409  students, the difference between the total administrative fee
  410  calculation and the amount of the administrative fee withheld
  411  may only be used for capital outlay purposes specified in s.
  412  1013.62(2).
  413         3. In addition, a sponsor may withhold only up to a 5
  414  percent administrative fee for enrollment for up to and
  415  including 500 students within a system of charter schools which
  416  meets all of the following:
  417         a. Includes both conversion charter schools and
  418  nonconversion charter schools;
  419         b. Has all schools located in the same county;
  420         c. Has a total enrollment exceeding the total enrollment of
  421  at least one school district in the state;
  422         d. Has the same governing board; and
  423         e. Does not contract with a for-profit service provider for
  424  management of school operations.
  425         4. The difference between the total administrative fee
  426  calculation and the amount of the administrative fee withheld
  427  pursuant to subparagraph 3. may be used for instructional and
  428  administrative purposes as well as for capital outlay purposes
  429  specified in s. 1013.62(2).
  430         5. Each charter school shall receive 100 percent of the
  431  funds awarded to that school pursuant to s. 1012.225. Sponsors
  432  shall not charge charter schools any additional fees or
  433  surcharges for administrative and educational services in
  434  addition to the maximum 5-percent administrative fee withheld
  435  pursuant to this paragraph.
  436         6. The sponsor of a virtual charter school may withhold a
  437  fee of up to 5 percent. The funds shall be used to cover the
  438  cost of services provided under subparagraph 1. and for the
  439  school district’s local instructional improvement system
  440  pursuant to s. 1006.281 or other technological tools that are
  441  required to access electronic and digital instructional
  442  materials.
  443         Section 3. Paragraph (a) of subsection (3) of section
  444  1002.37, Florida Statutes, is amended, and subsections (8), (9),
  445  (10), and (11) are added to that section, to read:
  446         1002.37 The Florida Virtual School.—
  447         (3) Funding for the Florida Virtual School shall be
  448  provided as follows:
  449         (a)1. For a student in grades 9 through 12, a “full-time
  450  equivalent student” for the Florida Virtual School is one
  451  student who has successfully completed six full-credit courses
  452  credits that shall count toward the minimum number of credits
  453  required for high school graduation. A student who completes
  454  fewer less than six full-credit courses is credits shall be a
  455  fraction of a full-time equivalent student. Half-credit course
  456  completions shall be included in determining a full-time
  457  equivalent student. Credit completed by a student in excess of
  458  the minimum required for that student for high school graduation
  459  is not eligible for funding.
  460         2. For a student in kindergarten through grade 8, a “full
  461  time equivalent student” is one student who has successfully
  462  completed six courses or the prescribed level of content that
  463  counts toward promotion to the next grade. A student who
  464  completes fewer than six courses or the prescribed level of
  465  content shall be a fraction of a full-time equivalent student.
  466         3. Beginning in the 2014-2015 fiscal year, when s.
  467  1008.22(3)(g) is implemented, the reported full-time equivalent
  468  students and associated funding of students enrolled in courses
  469  requiring passage of an end-of-course assessment shall be
  470  adjusted after the student completes the end-of-course
  471  assessment. However, no adjustment shall be made for home
  472  education program students who choose not to take an end-of
  473  course assessment.
  474  
  475  For purposes of this paragraph, the calculation of “full-time
  476  equivalent student” shall be as prescribed in s.
  477  1011.61(1)(c)1.b.(V).
  478         (8)(a) The Florida Virtual School may provide full-time
  479  instruction for students in kindergarten through grade 12 and
  480  part-time instruction for students in grades 4 through 12. To
  481  receive full-time instruction in grades 2 through 5, a student
  482  must meet at least one of the eligibility criteria in s.
  483  1002.455(2). Part-time instruction for grades 4 and 5 may be
  484  provided only to public school students taking grade 6 through
  485  grade 8 courses.
  486         (b) For students receiving part-time instruction in grades
  487  4 and 5 and students receiving full-time instruction in
  488  kindergarten through grade 12 from the Florida Virtual School,
  489  the combined total of all FTE reported by both the school
  490  district and the Florida Virtual School may not exceed 1.0 FTE.
  491         (9) Each elementary school principal must notify the parent
  492  of each student who scores at Level 4 or Level 5 on FCAT Reading
  493  or FCAT Mathematics of the option for the student to take
  494  accelerated courses through the Florida Virtual School.
  495         (10)(a) Public school students receiving full-time
  496  instruction in kindergarten through grade 12 by the Florida
  497  Virtual School must take all statewide assessments required
  498  pursuant to s. 1008.22.
  499         (b) Public school students receiving part-time instruction
  500  by the Florida Virtual School in courses requiring statewide
  501  end-of-course assessments must take all statewide end-of-course
  502  assessments required pursuant to s. 1008.22(3)(c)2.
  503         (c) All statewide assessments must be taken within the
  504  school district in which the student resides. A school district
  505  must provide the student with access to the district’s testing
  506  facilities.
  507         (11) The Florida Virtual School shall receive a school
  508  grade pursuant to s. 1008.34 for students receiving full-time
  509  instruction.
  510         Section 4. Section 1002.45, Florida Statutes, is amended to
  511  read:
  512         1002.45 School district Virtual instruction programs.—
  513         (1) PROGRAM.—
  514         (a) For purposes of this section, the term:
  515         1. “Approved provider” means a provider that is approved by
  516  the Department of Education under subsection (2), the Florida
  517  Virtual School, a franchise of the Florida Virtual School, or a
  518  community college.
  519         2. “Virtual instruction program” means a program of
  520  instruction provided in an interactive learning environment
  521  created through technology in which students are separated from
  522  their teachers by time or space, or both, and in which a
  523  Florida-certified teacher under chapter 1012 is responsible for
  524  at least:
  525         a. Fifty percent of the direct instruction to students in
  526  kindergarten through grade 5; or
  527         b. Eighty percent of the direct instruction to students in
  528  grades 6 through 12.
  529         (b) Beginning with the 2009-2010 school year, Each school
  530  district that is eligible for the sparsity supplement pursuant
  531  to s. 1011.62(7) shall provide all enrolled public school
  532  eligible students within its boundaries the option of
  533  participating in part-time and full-time a virtual instruction
  534  programs. Each school district that is not eligible for the
  535  sparsity supplement shall provide at least three options for
  536  part-time and full-time virtual instruction. All school
  537  districts must provide parents with timely written notification
  538  of an open enrollment period for full-time students of at least
  539  90 days that ends no later than 30 days prior to the first day
  540  of the school year program. The purpose of the program is to
  541  make quality virtual instruction available to students using
  542  online and distance learning technology in the nontraditional
  543  classroom. A school district virtual instruction The program
  544  shall provide the following be:
  545         1. Full-time virtual instruction for students enrolled in
  546  kindergarten through grade 12.
  547         2. Full-time or Part-time virtual instruction for students
  548  enrolled in grades 9 through 12 courses that are measured
  549  pursuant to subparagraph (8)(a)2.
  550         3. Full-time or part-time virtual instruction for students
  551  who are enrolled in dropout prevention and academic intervention
  552  programs under s. 1003.53, Department of Juvenile Justice
  553  education programs under s. 1003.52, core-curricula courses to
  554  meet class size requirements under s. 1003.03, or community
  555  colleges under this section.
  556         (c) To provide students with the option of participating in
  557  virtual instruction programs as required by paragraph (b), a
  558  school district may:
  559         1. Contract with the Florida Virtual School or establish a
  560  franchise of the Florida Virtual School for the provision of a
  561  program under paragraph (b). Using this option is subject to the
  562  requirements of this section and s. 1011.61(1)(c)1.b.(III) and
  563  (IV).
  564         2. Contract with an approved provider under subsection (2)
  565  for the provision of a full-time program under subparagraph
  566  (b)1. or subparagraph (b)3. or a full-time or part-time program
  567  under subparagraph (b)2. or subparagraph (b)3.
  568         3. Enter into an agreement with other another school
  569  districts district to allow the participation of its students in
  570  an approved virtual instruction program provided by the other
  571  school district. The agreement must indicate a process for the
  572  transfer of funds required by paragraph (7)(f)(b).
  573         4. Establish school district operated part-time or full
  574  time kindergarten through grade 12 virtual instruction programs
  575  under paragraph (b) for students enrolled in the school
  576  district. A full-time program shall operate under its own Master
  577  School Identification Number.
  578         5. Enter into an agreement with a virtual charter school
  579  authorized by the school district under s. 1002.33.
  580  
  581  Contracts under subparagraph 1. or subparagraph 2. may include
  582  multidistrict contractual arrangements that may be executed by a
  583  regional consortium for its member districts. A multidistrict
  584  contractual arrangement or an agreement under subparagraph 3. is
  585  not subject to s. 1001.42(4)(d) and does not require the
  586  participating school districts to be contiguous. These
  587  arrangements may be used to fulfill the requirements of
  588  paragraph (b).
  589         (d) A virtual charter school may provide full-time virtual
  590  instruction for students in kindergarten through grade 12 if the
  591  virtual charter school has a charter approved pursuant to s.
  592  1002.33 authorizing full-time virtual instruction. A virtual
  593  charter school may:
  594         1. Contract with the Florida Virtual School.
  595         2. Contract with an approved provider under subsection (2).
  596         3. Enter into an a joint agreement with a the school
  597  district to allow the participation of in which it is located
  598  for the virtual charter school’s students to participate in the
  599  school district’s virtual instruction program. The agreement
  600  must indicate a process for reporting of student enrollment and
  601  the transfer of funds required by paragraph (7)(f).
  602         (e) Each school district shall:
  603         1. Provide to the department by October 1, 2011, and by
  604  each October 1 thereafter, a copy of each contract and the
  605  amounts paid per unweighted full-time equivalent student for
  606  services procured pursuant to subparagraphs (c)1. and 2.
  607         2. Expend the difference in funds provided for a student
  608  participating in the school district virtual instruction program
  609  pursuant to subsection (7) and the price paid for contracted
  610  services procured pursuant to subparagraphs (c)1. and 2. for the
  611  district’s local instructional improvement system pursuant to s.
  612  1006.281 or other technological tools that are required to
  613  access electronic and digital instructional materials.
  614         3. At the end of each fiscal year, but no later than
  615  September 1, report to the department an itemized list of the
  616  technological tools purchased with these funds.
  617         (2) PROVIDER QUALIFICATIONS.—
  618         (a) The department shall annually publish online provide
  619  school districts with a list of providers approved to offer
  620  virtual instruction programs. To be approved by the department,
  621  a provider must document that it:
  622         1. Is nonsectarian in its programs, admission policies,
  623  employment practices, and operations;
  624         2. Complies with the antidiscrimination provisions of s.
  625  1000.05;
  626         3. Locates an administrative office or offices in this
  627  state, requires its administrative staff to be state residents,
  628  requires all instructional staff to be Florida-certified
  629  teachers under chapter 1012, and conducts background screenings
  630  for all employees or contracted personnel, as required by s.
  631  1012.32, using state and national criminal history records;
  632         4. Possesses prior, successful experience offering online
  633  courses to elementary, middle, or high school students as
  634  demonstrated by quantified student learning gains in each
  635  subject area and grade level provided for consideration as an
  636  instructional program option;
  637         5. Is accredited by a regional accrediting association as
  638  defined by State Board of Education rule; the Southern
  639  Association of Colleges and Schools Council on Accreditation and
  640  School Improvement, the North Central Association Commission on
  641  Accreditation and School Improvement, the Middle States
  642  Association of Colleges and Schools Commission on Elementary
  643  Schools and Commission on Secondary Schools, the New England
  644  Association of Schools and Colleges, the Northwest Association
  645  of Accredited Schools, the Western Association of Schools and
  646  Colleges, or the Commission on International and Trans-Regional
  647  Accreditation; and
  648         6. Ensures instructional and curricular quality through a
  649  detailed curriculum and student performance accountability plan
  650  that addresses every subject and grade level it intends to
  651  provide through contract with the school district, including:
  652         a. Courses and programs that meet the standards of the
  653  International Association for K-12 Online Learning and the
  654  Southern Regional Education Board.
  655         b. Instructional content and services that align with, and
  656  measure student attainment of, student proficiency in the Next
  657  Generation Sunshine State Standards.
  658         c. Mechanisms that determine and ensure that a student has
  659  satisfied requirements for grade level promotion and high school
  660  graduation with a standard diploma, as appropriate;
  661         7. Publishes for the general public, in accordance with
  662  disclosure requirements adopted in rule by the State Board of
  663  Education, as part of its application as a provider and in all
  664  contracts negotiated pursuant to this section:
  665         a. Information and data about the curriculum of each full
  666  time and part-time program.
  667         b. School policies and procedures.
  668         c. Certification status and physical location of all
  669  administrative and instructional personnel.
  670         d. Hours and times of availability of instructional
  671  personnel.
  672         e. Student-teacher ratios.
  673         f. Student completion and promotion rates.
  674         g. Student, educator, and school performance accountability
  675  outcomes; and
  676         8.6. If the provider is a community college, employs
  677  instructors who meet the certification requirements for
  678  instructional staff under chapter 1012.
  679         (b) An approved provider shall retain its approved status
  680  during the for a period of 3 school years after the date of the
  681  department’s approval under paragraph (a) as long as the
  682  provider continues to comply with all requirements of this
  683  section. However, each provider approved by the department for
  684  the 2011-2012 school year must reapply for approval to provide a
  685  part-time program for students in grades 9 through 12.
  686         (3) SCHOOL DISTRICT VIRTUAL INSTRUCTION PROGRAM
  687  REQUIREMENTS.—Each school district virtual instruction program
  688  under this section must:
  689         (a) Align virtual course curriculum and course content to
  690  the Sunshine State Standards under s. 1003.41.
  691         (b) Offer instruction that is designed to enable a student
  692  to gain proficiency in each virtually delivered course of study.
  693         (c) Provide each student enrolled in the program with all
  694  the necessary instructional materials.
  695         (d) Provide, when appropriate, each full-time student
  696  enrolled in the program who qualifies for free or reduced-price
  697  school lunches under the National School Lunch Act, or who is on
  698  the direct certification list, and who does not have a computer
  699  or Internet access in his or her home with:
  700         1. All equipment necessary for participants in the school
  701  district virtual instruction program, including, but not limited
  702  to, a computer, computer monitor, and printer, if a printer is
  703  necessary to participate in the program; and
  704         2. Access to or reimbursement for all Internet services
  705  necessary for online delivery of instruction.
  706         (e) Not require tuition or student registration fees.
  707         (4) CONTRACT REQUIREMENTS.—Each contract with an approved
  708  provider must at minimum:
  709         (a) Set forth a detailed curriculum plan that illustrates
  710  how students will be provided services and be measured for
  711  attainment of to attain proficiency in the Next Generation
  712  Sunshine State Standards for each grade level and subject.
  713         (b) Provide a method for determining that a student has
  714  satisfied the requirements for graduation in s. 1003.428, s.
  715  1003.429, or s. 1003.43 if the contract is for the provision of
  716  a full-time virtual instruction program to students in grades 9
  717  through 12.
  718         (c) Specify a method for resolving conflicts among the
  719  parties.
  720         (d) Specify authorized reasons for termination of the
  721  contract.
  722         (e) Require the approved provider to be responsible for all
  723  debts of the school district virtual instruction program if the
  724  contract is not renewed or is terminated.
  725         (f) Require the approved provider to comply with all
  726  requirements of this section.
  727         (5) STUDENT ELIGIBILITY.—A student may enroll in a virtual
  728  instruction program provided by the school district or by a
  729  virtual charter school operated in the district in which he or
  730  she resides if the student meets eligibility requirements for
  731  virtual instruction pursuant to s. 1002.455. at least one of the
  732  following conditions:
  733         (a) The student has spent the prior school year in
  734  attendance at a public school in this state and was enrolled and
  735  reported by a public school district for funding during the
  736  preceding October and February for purposes of the Florida
  737  Education Finance Program surveys.
  738         (b) The student is a dependent child of a member of the
  739  United States Armed Forces who was transferred within the last
  740  12 months to this state from another state or from a foreign
  741  country pursuant to the parent’s permanent change of station
  742  orders.
  743         (c) The student was enrolled during the prior school year
  744  in a school district virtual instruction program under this
  745  section or a K-8 Virtual School Program under s. 1002.415.
  746         (d) The student has a sibling who is currently enrolled in
  747  a school district virtual instruction program and that sibling
  748  was enrolled in such program at the end of the prior school
  749  year.
  750         (6) STUDENT PARTICIPATION REQUIREMENTS.—Each student
  751  enrolled in a school district virtual instruction program or
  752  virtual charter school must:
  753         (a) Comply with the compulsory attendance requirements of
  754  s. 1003.21. Student attendance must be verified by the school
  755  district.
  756         (b) Take state assessment tests within the school district
  757  in which such student resides, which must provide the student
  758  with access to the district’s testing facilities.
  759         (7) VIRTUAL INSTRUCTION PROGRAM AND VIRTUAL CHARTER SCHOOL
  760  FUNDING.—
  761         (a) Students enrolled in a virtual instruction program or a
  762  virtual charter school shall be funded through the Florida
  763  Education Finance Program as provided in the General
  764  Appropriations Act. However, such funds may not be provided for
  765  the purpose of fulfilling the class size requirements in ss.
  766  1003.03 and 1011.685.
  767         (b) For purposes of a school district virtual instruction
  768  program or a virtual charter school, “full-time equivalent
  769  student” has the same meaning as provided in s.
  770  1011.61(1)(c)1.b.(III) or (IV).
  771         (c) For a student enrolled part-time in a grades 6 through
  772  12 program, a “full-time equivalent student” has the same
  773  meaning as provided in s. 1011.61(1)(c)1.b.(IV).
  774         (d) A student may not be reported as more than 1.0 full
  775  time equivalent student in any given school year.
  776         (e) Beginning in the 2014-2015 fiscal year, when s.
  777  1008.22(3)(g) is implemented, the reported full-time equivalent
  778  students and associated funding of students enrolled in courses
  779  requiring passage of an end-of-course assessment shall be
  780  adjusted after the student completes the end-of-course
  781  assessment.
  782         (f)(b) The school district in which the student resides
  783  shall report full-time equivalent students for a the school
  784  district virtual instruction program or a virtual charter school
  785  to the department in a manner prescribed by the department, and
  786  funding shall be provided through the Florida Education Finance
  787  Program. Funds received by the school district of residence for
  788  a student in a virtual instruction program provided by another
  789  school district under this section shall be transferred to the
  790  school district providing the virtual instruction program.
  791         (g)(c) A community college provider may not report students
  792  who are served in a school district virtual instruction
  793  program for funding under the Community College Program Fund.
  794         (8) ASSESSMENT AND ACCOUNTABILITY.—
  795         (a) Each approved provider contracted under this section
  796  must:
  797         1. Participate in the statewide assessment program under s.
  798  1008.22 and in the state’s education performance accountability
  799  system under s. 1008.31.
  800         2. Receive a school grade under s. 1008.34 or a school
  801  improvement rating under s. 1008.341, as applicable. The school
  802  grade or school improvement rating received by each approved
  803  provider shall be based upon the aggregated assessment scores of
  804  all students served by the provider statewide. The department
  805  shall publish the school grade or school improvement rating
  806  received by each approved provider on its Internet website. The
  807  department shall develop an evaluation method for providers of
  808  part-time programs which includes the percentage of students
  809  making learning gains, the percentage of students successfully
  810  passing any required end-of-course assessment, the percentage of
  811  students taking Advanced Placement examinations, and the
  812  percentage of students scoring 3 or higher on an Advanced
  813  Placement examination.
  814         (b) The performance of part-time students in grades 9
  815  through 12 shall not be included for purposes of school grades
  816  or school improvement ratings under subparagraph (a)2.; however,
  817  their performance shall be included for school grading or school
  818  improvement rating purposes by the nonvirtual school providing
  819  the student’s primary instruction.
  820         (c) An approved provider that receives a school grade of
  821  “D” or “F” under s. 1008.34 or a school improvement rating of
  822  “Declining” under s. 1008.341 must file a school improvement
  823  plan with the department for consultation to determine the
  824  causes for low performance and to develop a plan for correction
  825  and improvement.
  826         (d) An approved provider’s contract must be terminated if
  827  the provider receives a school grade of “D” or “F” under s.
  828  1008.34 or a school improvement rating of “Declining” under s.
  829  1008.341 for 2 years during any consecutive 4-year period or has
  830  violated any qualification requirement pursuant to subsection
  831  (2). A provider that has a contract terminated under this
  832  paragraph may not be an approved provider for a period of at
  833  least 1 year after the date upon which the contract was
  834  terminated and until the department determines that the provider
  835  is in compliance with subsection (2) and has corrected each
  836  cause of the provider’s low performance.
  837         (9) EXCEPTIONS.—A provider of digital or online content or
  838  curriculum that is used to supplement the instruction of
  839  students who are not enrolled in a school district virtual
  840  instruction program under this section is not required to meet
  841  the requirements of this section.
  842         (10) MARKETING.—Each school district shall provide
  843  information to parents and students about the parent’s and
  844  student’s right to participate in a school district virtual
  845  instruction program under this section and in courses offered by
  846  the Florida Virtual School under s. 1002.37.
  847         (11) RULES.—The State Board of Education shall adopt rules
  848  necessary to administer this section, including rules that
  849  prescribe disclosure requirements under subsection (2) and
  850  school district reporting requirements under subsection (7).
  851         Section 5. Section 1002.455, Florida Statutes, is created
  852  to read:
  853         1002.455 Student eligibility for K-12 virtual instruction.—
  854         (1) A student may participate in virtual instruction in the
  855  school district in which he or she resides if the student meets
  856  the eligibility criteria in subsection (2).
  857         (2) A student is eligible to participate in virtual
  858  instruction if:
  859         (a) The student spent the prior school year in attendance
  860  at a public school in the state and was enrolled and reported by
  861  the school district for funding during October and February for
  862  purposes of the Florida Education Finance Program surveys;
  863         (b) The student is a dependent child of a member of the
  864  United States Armed Forces who was transferred within the last
  865  12 months to this state from another state or from a foreign
  866  country pursuant to a permanent change of station order;
  867         (c) The student was enrolled during the prior school year
  868  in a virtual instruction program under s. 1002.45, the K-8
  869  Virtual School Program under s. 1002.415, or a full-time Florida
  870  Virtual School program under s. 1002.37(8)(a);
  871         (d) The student has a sibling who is currently enrolled in
  872  a virtual instruction program and the sibling was enrolled in
  873  that program at the end of the prior school year; or
  874         (e) The student is eligible to enter kindergarten or first
  875  grade.
  876         (3) The virtual instruction options for which this
  877  eligibility section applies include:
  878         (a) School district operated part-time or full-time
  879  kindergarten through grade 12 virtual instruction programs under
  880  s. 1002.45(1)(b) for students enrolled in the school district.
  881         (b) Full-time virtual charter school instruction authorized
  882  under s. 1002.33.
  883         (c) Courses delivered in the traditional school setting by
  884  personnel providing direct instruction through a virtual
  885  environment or though a blended virtual and physical environment
  886  pursuant to s. 1003.498 and as authorized pursuant to s.
  887  1002.321(4)(e).
  888         (d) Virtual courses offered in the course code directory to
  889  students within the school district or to students in other
  890  school districts throughout the state pursuant to s. 1003.498.
  891         Section 6. Paragraph (c) is added to subsection (2) of
  892  section 1003.428, Florida Statutes, to read:
  893         1003.428 General requirements for high school graduation;
  894  revised.—
  895         (2) The 24 credits may be earned through applied,
  896  integrated, and combined courses approved by the Department of
  897  Education. The 24 credits shall be distributed as follows:
  898         (c) Beginning with students entering grade 9 in the 2011
  899  2012 school year, at least one course within the 24 credits
  900  required in this subsection must be completed through online
  901  learning. However, an online course taken during grades 6
  902  through 8 fulfills this requirement. This requirement shall be
  903  met through an online course offered by the Florida Virtual
  904  School, an online course offered by the high school, or an
  905  online dual enrollment course offered pursuant to a district
  906  interinstitutional articulation agreement pursuant to s.
  907  1007.235. A student who is enrolled in a full-time or part-time
  908  virtual instruction program under s. 1002.45 meets this
  909  requirement.
  910         Section 7. Section 1003.498, Florida Statutes, is created
  911  to read:
  912         1003.498 School district virtual course offerings.—
  913         (1) School districts may deliver courses in the traditional
  914  school setting by personnel certified pursuant to s. 1012.55 who
  915  provide direct instruction through a virtual environment or
  916  though a blended virtual and physical environment.
  917         (2) School districts may offer virtual courses for students
  918  enrolled in the school district. These courses must be
  919  identified in the course code directory. Students who meet the
  920  eligibility requirements of s. 1002.455 may participate in these
  921  virtual course offerings.
  922         (a) Any eligible student who is enrolled in a school
  923  district may register and enroll in an online course offered by
  924  his or her school district.
  925         (b) Any eligible student who is enrolled in a school
  926  district may register and enroll in an online course offered by
  927  any other school district in the state, except as limited by the
  928  following:
  929         1. A student may not enroll in a course offered through a
  930  virtual instruction program provided pursuant to s. 1002.45.
  931         2. A student may not enroll in a virtual course offered by
  932  another school district if:
  933         a. The course is offered online by the school district in
  934  which the student resides; or
  935         b. The course is offered in the school in which the student
  936  is enrolled. However, a student may enroll in an online course
  937  offered by another school district if the school in which the
  938  student is enrolled offers the course but the student is unable
  939  to schedule the course in his or her school.
  940         3. The school district in which the student completes the
  941  course shall report the student’s completion of that course for
  942  funding pursuant to s. 1011.61(1)(c)b.(VI) and the home school
  943  district shall not report the student for funding for that
  944  course.
  945  
  946  For purposes of this paragraph, the combined total of all school
  947  district reported FTE may not be reported as more than 1.0 full
  948  time equivalent student in any given school year. The Department
  949  of Education shall establish procedures to enable interdistrict
  950  coordination for the delivery and funding of this online option.
  951         Section 8. Paragraph (g) of subsection (3) of section
  952  1008.22, Florida Statutes, is amended to read:
  953         1008.22 Student assessment program for public schools.—
  954         (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
  955  design and implement a statewide program of educational
  956  assessment that provides information for the improvement of the
  957  operation and management of the public schools, including
  958  schools operating for the purpose of providing educational
  959  services to youth in Department of Juvenile Justice programs.
  960  The commissioner may enter into contracts for the continued
  961  administration of the assessment, testing, and evaluation
  962  programs authorized and funded by the Legislature. Contracts may
  963  be initiated in 1 fiscal year and continue into the next and may
  964  be paid from the appropriations of either or both fiscal years.
  965  The commissioner is authorized to negotiate for the sale or
  966  lease of tests, scoring protocols, test scoring services, and
  967  related materials developed pursuant to law. Pursuant to the
  968  statewide assessment program, the commissioner shall:
  969         (g) Beginning with the 2014-2015 school year, all statewide
  970  end-of-course assessments shall be administered online. Study
  971  the cost and student achievement impact of secondary end-of
  972  course assessments, including web-based and performance formats,
  973  and report to the Legislature prior to implementation.
  974         Section 9. Paragraph (c) of subsection (1) of section
  975  1011.61, Florida Statutes, is amended to read:
  976         1011.61 Definitions.—Notwithstanding the provisions of s.
  977  1000.21, the following terms are defined as follows for the
  978  purposes of the Florida Education Finance Program:
  979         (1) A “full-time equivalent student” in each program of the
  980  district is defined in terms of full-time students and part-time
  981  students as follows:
  982         (c)1. A “full-time equivalent student” is:
  983         a. A full-time student in any one of the programs listed in
  984  s. 1011.62(1)(c); or
  985         b. A combination of full-time or part-time students in any
  986  one of the programs listed in s. 1011.62(1)(c) which is the
  987  equivalent of one full-time student based on the following
  988  calculations:
  989         (I) A full-time student, except a postsecondary or adult
  990  student or a senior high school student enrolled in adult
  991  education when such courses are required for high school
  992  graduation, in a combination of programs listed in s.
  993  1011.62(1)(c) shall be a fraction of a full-time equivalent
  994  membership in each special program equal to the number of net
  995  hours per school year for which he or she is a member, divided
  996  by the appropriate number of hours set forth in subparagraph
  997  (a)1. or subparagraph (a)2. The difference between that fraction
  998  or sum of fractions and the maximum value as set forth in
  999  subsection (4) for each full-time student is presumed to be the
 1000  balance of the student’s time not spent in such special
 1001  education programs and shall be recorded as time in the
 1002  appropriate basic program.
 1003         (II) A prekindergarten handicapped student shall meet the
 1004  requirements specified for kindergarten students.
 1005         (III) A full-time equivalent student for students in
 1006  kindergarten through grade 5 in a school district virtual
 1007  instruction program under s. 1002.45 or a virtual charter school
 1008  under s. 1002.33 shall consist of a student who has successfully
 1009  completed a basic program listed in s. 1011.62(1)(c)1.a. or b.,
 1010  and who is promoted to a higher grade level.
 1011         (IV) A full-time equivalent student for students in grades
 1012  6 through 12 in a school district virtual instruction program
 1013  under s. 1002.45(1)(b)1., and 2., or 3. or a virtual charter
 1014  school under s. 1002.33 shall consist of six full credit
 1015  completions in programs listed in s. 1011.62(1)(c)1.b. or c. and
 1016  3. Credit completions may can be a combination of full-credit
 1017  courses or half-credit courses either full credits or half
 1018  credits. Beginning in the 2014-2015 fiscal year, when s.
 1019  1008.22(3)(g) is implemented, the reported full-time equivalent
 1020  students and associated funding of students enrolled in courses
 1021  requiring passage of an end-of-course assessment shall be
 1022  adjusted after the student completes the end-of-course
 1023  assessment.
 1024         (V) A Florida Virtual School full-time equivalent student
 1025  shall consist of six full credit completions or the prescribed
 1026  level of content that counts toward promotion to the next grade
 1027  in the programs listed in s. 1011.62(1)(c)1.a. and b. for
 1028  kindergarten grades 6 through grade 8 and the programs listed in
 1029  s. 1011.62(1)(c)1.c. for grades 9 through 12. Credit completions
 1030  may can be a combination of full-credit courses or half-credit
 1031  courses either full credits or half credits. Beginning in the
 1032  2014-2015 fiscal year, when s. 1008.22(3)(g) is implemented, the
 1033  reported full-time equivalent students and associated funding of
 1034  students enrolled in courses requiring passage of an end-of
 1035  course assessment shall be adjusted after the student completes
 1036  the end-of-course assessment.
 1037         (VI) Each successfully completed full-credit course earned
 1038  through an online course delivered by a district other than the
 1039  one in which the student resides shall be calculated as 1/6 FTE.
 1040         (VII)(VI) Each successfully completed credit earned under
 1041  the alternative high school course credit requirements
 1042  authorized in s. 1002.375, which is not reported as a portion of
 1043  the 900 net hours of instruction pursuant to subparagraph
 1044  (1)(a)1., shall be calculated as 1/6 FTE.
 1045         2. A student in membership in a program scheduled for more
 1046  or less than 180 school days or the equivalent on an hourly
 1047  basis as specified by rules of the State Board of Education is a
 1048  fraction of a full-time equivalent membership equal to the
 1049  number of instructional hours in membership divided by the
 1050  appropriate number of hours set forth in subparagraph (a)1.;
 1051  however, for the purposes of this subparagraph, membership in
 1052  programs scheduled for more than 180 days is limited to students
 1053  enrolled in juvenile justice education programs and the Florida
 1054  Virtual School.
 1055  
 1056  The department shall determine and implement an equitable method
 1057  of equivalent funding for experimental schools and for schools
 1058  operating under emergency conditions, which schools have been
 1059  approved by the department to operate for less than the minimum
 1060  school day.
 1061         Section 10. Section 1012.57, Florida Statutes, is amended
 1062  to read:
 1063         1012.57 Certification of adjunct educators.—
 1064         (1) Notwithstanding the provisions of ss. 1012.32, 1012.55,
 1065  and 1012.56, or any other provision of law or rule to the
 1066  contrary, district school boards shall adopt rules to allow for
 1067  the issuance of an adjunct teaching certificate to any applicant
 1068  who fulfills the requirements of s. 1012.56(2)(a)-(f) and (10)
 1069  and who has expertise in the subject area to be taught. An
 1070  applicant shall be considered to have expertise in the subject
 1071  area to be taught if the applicant demonstrates sufficient
 1072  subject area mastery through passage of a subject area test. The
 1073  adjunct teaching certificate shall be used for part-time
 1074  teaching positions.
 1075         (2) The Legislature intends that this section intent of
 1076  this provision is to allow school districts to tap the wealth of
 1077  talent and expertise represented in Florida’s citizens who may
 1078  wish to teach part-time in a Florida public school by permitting
 1079  school districts to issue adjunct certificates to qualified
 1080  applicants.
 1081         (3) Adjunct certificateholders should be used as a strategy
 1082  to enhance the diversity of course offerings offered to all
 1083  students. School districts may use the expertise of individuals
 1084  in the state who wish to provide online instruction to students
 1085  by issuing adjunct certificates to qualified applicants reduce
 1086  the teacher shortage; thus, adjunct certificateholders should
 1087  supplement a school’s instructional staff, not supplant it. Each
 1088  school principal shall assign an experienced peer mentor to
 1089  assist the adjunct teaching certificateholder during the
 1090  certificateholder’s first year of teaching, and an adjunct
 1091  certificateholder may participate in a district’s new teacher
 1092  training program. District school boards shall provide the
 1093  adjunct teaching certificateholder an orientation in classroom
 1094  management prior to assigning the certificateholder to a school.
 1095         (4) Each adjunct teaching certificate is valid through the
 1096  term of the annual contract between the educator and the school
 1097  district. An additional annual certification and an additional
 1098  annual contract may be awarded by the district at the district’s
 1099  discretion but only for 5 school years and is renewable if the
 1100  applicant is rated effective or highly effective under s.
 1101  1012.34 has received satisfactory performance evaluations during
 1102  each year of teaching under adjunct teaching certification.
 1103         (5)(2) Individuals who are certified and employed under
 1104  this section shall have the same rights and protection of laws
 1105  as teachers certified under s. 1012.56.
 1106         Section 11. Subsection (1) of section 1000.04, Florida
 1107  Statutes, is amended to read:
 1108         1000.04 Components for the delivery of public education
 1109  within the Florida K-20 education system.—Florida’s K-20
 1110  education system provides for the delivery of public education
 1111  through publicly supported and controlled K-12 schools,
 1112  community colleges, state universities and other postsecondary
 1113  educational institutions, other educational institutions, and
 1114  other educational services as provided or authorized by the
 1115  Constitution and laws of the state.
 1116         (1) PUBLIC K-12 SCHOOLS.—The public K-12 schools include
 1117  charter schools and consist of kindergarten classes; elementary,
 1118  middle, and high school grades and special classes; school
 1119  district virtual instruction programs; workforce education;
 1120  career centers; adult, part-time, and evening schools, courses,
 1121  or classes, as authorized by law to be operated under the
 1122  control of district school boards; and lab schools operated
 1123  under the control of state universities.
 1124         Section 12. Paragraph (a) of subsection (6) of section
 1125  1002.20, Florida Statutes, is amended to read:
 1126         1002.20 K-12 student and parent rights.—Parents of public
 1127  school students must receive accurate and timely information
 1128  regarding their child’s academic progress and must be informed
 1129  of ways they can help their child to succeed in school. K-12
 1130  students and their parents are afforded numerous statutory
 1131  rights including, but not limited to, the following:
 1132         (6) EDUCATIONAL CHOICE.—
 1133         (a) Public school choices.—Parents of public school
 1134  students may seek whatever public school choice options that are
 1135  applicable to their students and are available to students in
 1136  their school districts. These options may include controlled
 1137  open enrollment, single-gender programs, lab schools, school
 1138  district virtual instruction programs, charter schools, charter
 1139  technical career centers, magnet schools, alternative schools,
 1140  special programs, advanced placement, dual enrollment,
 1141  International Baccalaureate, International General Certificate
 1142  of Secondary Education (pre-AICE), Advanced International
 1143  Certificate of Education, early admissions, credit by
 1144  examination or demonstration of competency, the New World School
 1145  of the Arts, the Florida School for the Deaf and the Blind, and
 1146  the Florida Virtual School. These options may also include the
 1147  public school choice options of the Opportunity Scholarship
 1148  Program and the McKay Scholarships for Students with
 1149  Disabilities Program.
 1150         Section 13. Paragraph (b) of subsection (3) of section
 1151  1003.03, Florida Statutes, is amended to read:
 1152         1003.03 Maximum class size.—
 1153         (3) IMPLEMENTATION OPTIONS.—District school boards must
 1154  consider, but are not limited to, implementing the following
 1155  items in order to meet the constitutional class size maximums
 1156  described in subsection (1):
 1157         (b) Adopt policies to encourage students to take courses
 1158  from the Florida Virtual School and other school district
 1159  virtual instruction options under s. 1002.45 programs.
 1160         Section 14. By December 1, 2011, the Department of
 1161  Education shall submit a report to the Governor, the President
 1162  of the Senate, and the Speaker of the House of Representatives
 1163  which identifies and explains the best methods and strategies by
 1164  which the department can assist district school boards in
 1165  acquiring digital learning at the most reasonable prices
 1166  possible and provides a plan under which district school boards
 1167  may voluntarily pool their bids for such purchases. The report
 1168  shall identify criteria that will enable district school boards
 1169  to differentiate between the level of service and pricing based
 1170  upon factors such as the level of student support, the frequency
 1171  of teacher-student communications, instructional accountability
 1172  standards, and academic integrity. The report shall also include
 1173  ways to increase student access to digital learning, including
 1174  identification and analysis of the best methods and strategies
 1175  for implementing part-time virtual education in kindergarten
 1176  through grade 5.
 1177         Section 15. This act shall take effect July 1, 2011.