HB 7197

1	A bill to be entitled
2	An act relating to digital learning; amending s. 1002.33,
3	F.S.; authorizing a charter school to employ instructional
4	methods for blended learning courses consisting of both
5	traditional classroom and online instructional techniques;
6	providing requirements for faculty, students, funding, and
7	accountability; amending s. 1002.45, F.S.; requiring
8	school districts to provide all public school students the
9	opportunity to participate in virtual instruction
10	programs; requiring school districts to provide full-time
11	and part-time virtual instruction program options;
12	providing additional provider qualifications relating to
13	curriculum, student performance accountability, and
14	disclosure; requiring an evaluation method for part-time
15	programs; amending s. 1003.428, F.S.; requiring at least
16	one course required for high school graduation to be
17	completed through online learning beginning with students
18	entering grade 9 in the 2013-2014 school year; amending s.
19	1008.22, F.S.; requiring all statewide end-of-course
20	assessments to be administrated online by the 2014-2015
21	school year; amending s. 1011.61, F.S.; conforming
22	provisions to changes made by the act; amending s.
23	1012.57, F.S.; authorizing school districts to issue
24	adjunct teaching certificates to individuals to provide
25	online instruction; revising requirements for adjunct
26	teaching certificateholders; providing for annual
27	contracts; requiring the Department of Education to submit
28	a report to the Governor and the Legislature relating to
29	school district offering of, and student access to,
30	digital learning; providing an effective date.
31
32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1.  Paragraph (a) of subsection (7) of section
35	1002.33, Florida Statutes, is amended to read:
36	1002.33  Charter schools.-
37	(7)  CHARTER.-The major issues involving the operation of a
38	charter school shall be considered in advance and written into
39	the charter. The charter shall be signed by the governing board
40	body of the charter school and the sponsor, following a public
41	hearing to ensure community input.
42	(a)  The charter shall address and criteria for approval of
43	the charter shall be based on:
44	1.  The school's mission, the students to be served, and
45	the ages and grades to be included.
46	2.a.  The focus of the curriculum, the instructional
47	methods to be used, any distinctive instructional techniques to
48	be employed, and identification and acquisition of appropriate
49	technologies needed to improve educational and administrative
50	performance which include a means for promoting safe, ethical,
51	and appropriate uses of technology which comply with legal and
52	professional standards. Instructional methods for blended
53	learning courses consisting of both traditional classroom and
54	online instructional techniques may be employed. Faculty
55	authorized to provide online instruction for blended learning
56	courses must be part-time or full-time employees of the charter
57	school or contracted providers of the instructional service and
58	must hold current state or school district adjunct certification
59	to teach in the subject area of the blended learning course. A
60	blended learning faculty member may provide online instruction
61	from a location that is remote from the physical location of the
62	charter school. However, students in a blended learning course
63	must be full-time students of the charter school and receive the
64	online instruction from the physical location of the charter
65	school. For funding and performance accountability purposes, a
66	blended learning course is considered the same as a traditional
67	classroom course.
68	b.  The methods for ensuring charter shall ensure that
69	reading is a primary focus of the curriculum and that resources
70	are provided to identify and provide specialized instruction for
71	students who are reading below grade level. The curriculum and
72	instructional strategies for reading must be consistent with the
73	Sunshine State Standards and grounded in scientifically based
74	reading research.
75	3.  The current incoming baseline standard of student
76	academic achievement, the outcomes to be achieved, and the
77	method of measurement that will be used. The criteria listed in
78	this subparagraph shall include a detailed description of:
79	a.  How the baseline student academic achievement levels
80	and prior rates of academic progress will be established.
81	b.  How these baseline rates will be compared to rates of
82	academic progress achieved by these same students while
83	attending the charter school.
84	c.  To the extent possible, how these rates of progress
85	will be evaluated and compared with rates of progress of other
86	closely comparable student populations.
87
88	The district school board is required to provide academic
89	student performance data to charter schools for each of their
90	students coming from the district school system, as well as
91	rates of academic progress of comparable student populations in
92	the district school system.
93	4.  The methods used to identify the educational strengths
94	and needs of students and how well educational goals and
95	performance standards are met by students attending the charter
96	school. The methods shall provide a means for the charter school
97	to ensure accountability to its constituents by analyzing
98	student performance data and by evaluating the effectiveness and
99	efficiency of its major educational programs. Students in
100	charter schools shall, at a minimum, participate in the
101	statewide assessment program created under s. 1008.22.
102	5.  In secondary charter schools, a method for determining
103	that a student has satisfied the requirements for graduation in
104	s. 1003.43.
105	6.  A method for resolving conflicts between the governing
106	board body of the charter school and the sponsor.
107	7.  The admissions procedures and dismissal procedures,
108	including the school's code of student conduct.
109	8.  The ways by which the school will achieve a
110	racial/ethnic balance reflective of the community it serves or
111	within the racial/ethnic range of other public schools in the
112	same school district.
113	9.  The financial and administrative management of the
114	school, including a reasonable demonstration of the professional
115	experience or competence of those individuals or organizations
116	applying to operate the charter school or those hired or
117	retained to perform such professional services and the
118	description of clearly delineated responsibilities and the
119	policies and practices needed to effectively manage the charter
120	school. A description of internal audit procedures and
121	establishment of controls to ensure that financial resources are
122	properly managed must be included. Both public sector and
123	private sector professional experience shall be equally valid in
124	such a consideration.
125	10.  The asset and liability projections required in the
126	application which are incorporated into the charter and shall be
127	compared with information provided in the annual report of the
128	charter school.
129	11.  A description of procedures that identify various
130	risks and provide for a comprehensive approach to reduce the
131	impact of losses; plans to ensure the safety and security of
132	students and staff; plans to identify, minimize, and protect
133	others from violent or disruptive student behavior; and the
134	manner in which the school will be insured, including whether or
135	not the school will be required to have liability insurance,
136	and, if so, the terms and conditions thereof and the amounts of
137	coverage.
138	12.  The term of the charter which shall provide for
139	cancellation of the charter if insufficient progress has been
140	made in attaining the student achievement objectives of the
141	charter and if it is not likely that such objectives can be
142	achieved before expiration of the charter. The initial term of a
143	charter shall be for 4 or 5 years. In order to facilitate access
144	to long-term financial resources for charter school
145	construction, charter schools that are operated by a
146	municipality or other public entity as provided by law are
147	eligible for up to a 15-year charter, subject to approval by the
148	district school board. A charter lab school is eligible for a
149	charter for a term of up to 15 years. In addition, to facilitate
150	access to long-term financial resources for charter school
151	construction, charter schools that are operated by a private,
152	not-for-profit, s. 501(c)(3) status corporation are eligible for
153	up to a 15-year charter, subject to approval by the district
154	school board. Such long-term charters remain subject to annual
155	review and may be terminated during the term of the charter, but
156	only according to the provisions set forth in subsection (8).
157	13.  The facilities to be used and their location.
158	14.  The qualifications to be required of the teachers and
159	the potential strategies used to recruit, hire, train, and
160	retain qualified staff to achieve best value.
161	15.  The governance structure of the school, including the
162	status of the charter school as a public or private employer as
163	required in paragraph (12)(i).
164	16.  A timetable for implementing the charter which
165	addresses the implementation of each element thereof and the
166	date by which the charter shall be awarded in order to meet this
167	timetable.
168	17.  In the case of an existing public school that is being
169	converted to charter status, alternative arrangements for
170	current students who choose not to attend the charter school and
171	for current teachers who choose not to teach in the charter
172	school after conversion in accordance with the existing
173	collective bargaining agreement or district school board rule in
174	the absence of a collective bargaining agreement. However,
175	alternative arrangements shall not be required for current
176	teachers who choose not to teach in a charter lab school, except
177	as authorized by the employment policies of the state university
178	which grants the charter to the lab school.
179	18.  Full disclosure of the identity of all relatives
180	employed by the charter school who are related to the charter
181	school owner, president, chairperson of the governing board of
182	directors, superintendent, governing board member, principal,
183	assistant principal, or any other person employed by the charter
184	school who has equivalent decisionmaking authority. For the
185	purpose of this subparagraph, the term "relative" means father,
186	mother, son, daughter, brother, sister, uncle, aunt, first
187	cousin, nephew, niece, husband, wife, father-in-law, mother-in-
188	law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
189	stepfather, stepmother, stepson, stepdaughter, stepbrother,
190	stepsister, half brother, or half sister.
191	Section 2.  Paragraphs (b) and (c) of subsection (1),
192	subsection (2), paragraph (a) of subsection (4), paragraphs (a)
193	and (d) of subsection (8), and subsection (11) of section
194	1002.45, Florida Statutes, are amended to read:
195	1002.45  School district virtual instruction programs.-
196	(1)  PROGRAM.-
197	(b)  Beginning with the 2011-2012 2009-2010 school year,
198	each school district shall provide all enrolled public school
199	eligible students within its boundaries opportunities for
200	participation the option of participating in part-time and full-
201	time a virtual instruction program options, with timely written
202	notice provided directly to all parents of an open enrollment
203	period for full-time students of at least 90 days that ends no
204	later than 30 days prior to the first day of the school year.
205	The purpose of the program is to make quality virtual
206	instruction available to students using online and distance
207	learning technology in the nontraditional classroom. The program
208	shall provide the following be:
209	1.  Three options for full-time virtual instruction for
210	students enrolled in kindergarten through grade 12.
211	2.  Three options for Full-time or part-time virtual
212	instruction for students enrolled in grades 9 through 12 for
213	courses that are measured pursuant to sub-subparagraph (8)(a)2.
214	3.  At least two full-time virtual instruction options and
215	one part-time virtual instruction option for students who are
216	enrolled in dropout prevention and academic intervention
217	programs under s. 1003.53, Department of Juvenile Justice
218	education programs under s. 1003.52, core-curricula courses to
219	meet class size requirements under s. 1003.03, or community
220	colleges under this section.
221	(c)  To provide students with the option of participating
222	in virtual instruction programs as required by paragraph (b), a
223	school district may apply one or all of the following
224	mechanisms:
225	1.  Contract with the Florida Virtual School or establish a
226	franchise of the Florida Virtual School for the provision of a
227	program under paragraph (b). Using this option is subject to the
228	requirements of this section and s. 1011.61(1)(c)1.b.(III) and
229	(IV).
230	2.  Contract with an approved provider under subsection (2)
231	for the provision of a full-time program under subparagraph
232	(b)1. or subparagraph (b)3. or a full-time or part-time program
233	under subparagraph (b)2. or subparagraph (b)3.
234	3.  Enter into an agreement with other another school
235	districts district to allow the participation of its students in
236	an approved virtual instruction program provided by the other
237	school district. The agreement must indicate a process for the
238	transfer of funds required by paragraph (7)(b).
239
240	Contracts under subparagraph 1. or subparagraph 2. may include
241	multidistrict contractual arrangements that may be executed by a
242	regional consortium for its member districts. A multidistrict
243	contractual arrangement or an agreement under subparagraph 3. is
244	not subject to s. 1001.42(4)(d) and does not require the
245	participating school districts to be contiguous. These
246	arrangements may be used to fulfill the requirements of
247	paragraph (b).
248	(2)  PROVIDER QUALIFICATIONS.-
249	(a)  The department shall annually provide school districts
250	with a list of providers approved to offer virtual instruction
251	programs. To be approved by the department, a provider must
252	document that it:
253	1.  Is nonsectarian in its programs, admission policies,
254	employment practices, and operations;
255	2.  Complies with the antidiscrimination provisions of s.
256	1000.05;
257	3.  Locates an administrative office or offices in this
258	state, requires its administrative staff to be state residents,
259	requires all instructional staff to be Florida-certified
260	teachers under chapter 1012, and conducts background screenings
261	for all employees or contracted personnel, as required by s.
262	1012.32, using state and national criminal history records;
263	4.  Possesses prior, successful experience offering online
264	courses to elementary, middle, or high school students as
265	demonstrated by quantified student performance improvement in
266	each subject area and grade level provided for consideration as
267	an instructional program option;
268	5.  Is accredited by the Southern Association of Colleges
269	and Schools Council on Accreditation and School Improvement, the
270	North Central Association Commission on Accreditation and School
271	Improvement, the Middle States Association of Colleges and
272	Schools Commission on Elementary Schools and Commission on
273	Secondary Schools, the New England Association of Schools and
274	Colleges, the Northwest Association of Accredited Schools, the
275	Western Association of Schools and Colleges, or the Commission
276	on International and Trans-Regional Accreditation; and
277	6.  Ensures instructional and curricular quality through a
278	detailed curriculum and student performance accountability plan
279	that addresses every subject and grade level it intends to
280	provide through contract with the school district, including:
281	a.  Courses and programs that meet the standards of the
282	International Association for K-12 Online Learning and the
283	Southern Regional Education Board.
284	b.  Instructional content and services that align with, and
285	measure student attainment of, student proficiency in the Next
286	Generation Sunshine State Standards.
287	c.  Mechanisms that determine and ensure that a student has
288	satisfied requirements for grade level promotion and high school
289	graduation with a standard diploma, as appropriate;
290	7.  Publishes for the general public, in accordance with
291	disclosure requirements adopted in rule by the State Board of
292	Education, as part of its application as a provider and in all
293	contracts negotiated pursuant to this section:
294	a.  Information and data about the curriculum of each full-
295	time and part-time program.
296	b.  School policies and procedures.
297	c.  Certification status and physical location of all
298	administrative and instructional personnel.
299	d.  Student-teacher ratios.
300	e.  Student completion and promotion rates.
301	f.  Student, educator, and school performance
302	accountability outcomes; and
303	8.6.  If the provider is a community college, employs
304	instructors who meet the certification requirements for
305	instructional staff under chapter 1012.
306	(b)  An approved provider shall retain its approved status
307	for a period of 3 years after the date of the department's
308	approval under paragraph (a) as long as the provider continues
309	to comply with all requirements of this section. However, each
310	provider approved by the department for the 2011-2012 school
311	year must reapply for approval to provide a part-time program
312	for students in grades 9 through 12.
313	(4)  CONTRACT REQUIREMENTS.-Each contract with an approved
314	provider must at minimum:
315	(a)  Set forth a detailed curriculum plan that illustrates
316	how students will be provided services and be measured for
317	attainment of to attain proficiency in the Sunshine State
318	Standards for each grade level and subject.
319	(8)  ASSESSMENT AND ACCOUNTABILITY.-
320	(a)  Each approved provider contracted under this section
321	must:
322	1.  Participate in the statewide assessment program under
323	s. 1008.22 and in the state's education performance
324	accountability system under s. 1008.31.
325	2.  Receive a school grade under s. 1008.34 or a school
326	improvement rating under s. 1008.341, as applicable. The school
327	grade or school improvement rating received by each approved
328	provider shall be based upon the aggregated assessment scores of
329	all students served by the provider statewide. The department
330	shall publish the school grade or school improvement rating
331	received by each approved provider on its Internet website. The
332	department shall develop an evaluation method for providers of
333	part-time programs which includes the percentage of students
334	making learning gains, the percentage of students successfully
335	passing any required end-of-course assessment, the percentage of
336	students taking Advanced Placement examinations, and the
337	percentage of students scoring 3 or higher on an Advanced
338	Placement examination.
339	(d)  An approved provider's contract must be terminated if
340	the provider receives a school grade of "D" or "F" under s.
341	1008.34 or a school improvement rating of "Declining" under s.
342	1008.341 for 2 years during any consecutive 4-year period or has
343	violated any qualification requirement pursuant to subsection
344	(2). A provider that has a contract terminated under this
345	paragraph may not be an approved provider for a period of at
346	least 1 year after the date upon which the contract was
347	terminated and until the department determines that the provider
348	is in compliance with subsection (2) and has corrected each
349	cause of the provider's low performance.
350	(11)  RULES.-The State Board of Education shall adopt rules
351	necessary to administer this section, including rules that
352	prescribe disclosure requirements under subsection (2) and
353	school district reporting requirements under subsection (7).
354	Section 3.  Paragraph (c) is added to subsection (2) of
355	section 1003.428, Florida Statutes, to read:
356	1003.428  General requirements for high school graduation;
357	revised.-
358	(2)  The 24 credits may be earned through applied,
359	integrated, and combined courses approved by the Department of
360	Education. The 24 credits shall be distributed as follows:
361	(c)  Beginning with students entering grade 9 in the 2013-
362	2014 school year, at least one of the courses required in this
363	subsection must be completed through online learning. This
364	requirement shall be met through an online course offered by the
365	Florida Virtual School, an online course offered by the high
366	school, or an online dual enrollment course offered pursuant to
367	a district interinstitutional articulation agreement pursuant to
368	s. 1007.235. A student who is enrolled in a full-time or part-
369	time virtual instruction program under s. 1002.45 meets this
370	requirement.
371	Section 4.  Paragraph (g) of subsection (3) of section
372	1008.22, Florida Statutes, is amended to read:
373	1008.22  Student assessment program for public schools.-
374	(3)  STATEWIDE ASSESSMENT PROGRAM.-The commissioner shall
375	design and implement a statewide program of educational
376	assessment that provides information for the improvement of the
377	operation and management of the public schools, including
378	schools operating for the purpose of providing educational
379	services to youth in Department of Juvenile Justice programs.
380	The commissioner may enter into contracts for the continued
381	administration of the assessment, testing, and evaluation
382	programs authorized and funded by the Legislature. Contracts may
383	be initiated in 1 fiscal year and continue into the next and may
384	be paid from the appropriations of either or both fiscal years.
385	The commissioner is authorized to negotiate for the sale or
386	lease of tests, scoring protocols, test scoring services, and
387	related materials developed pursuant to law. Pursuant to the
388	statewide assessment program, the commissioner shall:
389	(g)  By the 2014-2015 school year, require all statewide
390	end-of-course assessments to be administered online. Study the
391	cost and student achievement impact of secondary end-of-course
392	assessments, including web-based and performance formats, and
393	report to the Legislature prior to implementation.
394	Section 5.  Paragraph (c) of subsection (1) of section
395	1011.61, Florida Statutes, is amended to read:
396	1011.61  Definitions.-Notwithstanding the provisions of s.
397	1000.21, the following terms are defined as follows for the
398	purposes of the Florida Education Finance Program:
399	(1)  A "full-time equivalent student" in each program of
400	the district is defined in terms of full-time students and part-
401	time students as follows:
402	(c)1.  A "full-time equivalent student" is:
403	a.  A full-time student in any one of the programs listed
404	in s. 1011.62(1)(c); or
405	b.  A combination of full-time or part-time students in any
406	one of the programs listed in s. 1011.62(1)(c) which is the
407	equivalent of one full-time student based on the following
408	calculations:
409	(I)  A full-time student, except a postsecondary or adult
410	student or a senior high school student enrolled in adult
411	education when such courses are required for high school
412	graduation, in a combination of programs listed in s.
413	1011.62(1)(c) shall be a fraction of a full-time equivalent
414	membership in each special program equal to the number of net
415	hours per school year for which he or she is a member, divided
416	by the appropriate number of hours set forth in subparagraph
417	(a)1. or subparagraph (a)2. The difference between that fraction
418	or sum of fractions and the maximum value as set forth in
419	subsection (4) for each full-time student is presumed to be the
420	balance of the student's time not spent in such special
421	education programs and shall be recorded as time in the
422	appropriate basic program.
423	(II)  A prekindergarten handicapped student shall meet the
424	requirements specified for kindergarten students.
425	(III)  A full-time equivalent student for students in
426	kindergarten through grade 5 in a school district virtual
427	instruction program under s. 1002.45 shall consist of a student
428	who has successfully completed a basic program listed in s.
429	1011.62(1)(c)1.a. or b., and who is promoted to a higher grade
430	level.
431	(IV)  A full-time equivalent student for students in grades
432	6 through 12 in a school district virtual instruction program
433	under s. 1002.45(1)(b)1., and 2., and 3. shall consist of six
434	full credit completions in programs listed in s.
435	1011.62(1)(c)1.b. or c. and 3. Credit completions can be a
436	combination of either full credits or half credits.
437	(V)  A Florida Virtual School full-time equivalent student
438	shall consist of six full credit completions in the programs
439	listed in s. 1011.62(1)(c)1.b. for grades 6 through 8 and the
440	programs listed in s. 1011.62(1)(c)1.c. for grades 9 through 12.
441	Credit completions can be a combination of either full credits
442	or half credits.
443	(VI)  Each successfully completed credit earned under the
444	alternative high school course credit requirements authorized in
445	s. 1002.375, which is not reported as a portion of the 900 net
446	hours of instruction pursuant to subparagraph (1)(a)1., shall be
447	calculated as  1/6 FTE.
448	2.  A student in membership in a program scheduled for more
449	or less than 180 school days or the equivalent on an hourly
450	basis as specified by rules of the State Board of Education is a
451	fraction of a full-time equivalent membership equal to the
452	number of instructional hours in membership divided by the
453	appropriate number of hours set forth in subparagraph (a)1.;
454	however, for the purposes of this subparagraph, membership in
455	programs scheduled for more than 180 days is limited to students
456	enrolled in juvenile justice education programs and the Florida
457	Virtual School.
458
459	The department shall determine and implement an equitable method
460	of equivalent funding for experimental schools and for schools
461	operating under emergency conditions, which schools have been
462	approved by the department to operate for less than the minimum
463	school day.
464	Section 6.  Section 1012.57, Florida Statutes, is amended
465	to read:
466	1012.57  Certification of adjunct educators.-
467	(1)  Notwithstanding the provisions of ss. 1012.32,
468	1012.55, and 1012.56, or any other provision of law or rule to
469	the contrary, district school boards shall adopt rules to allow
470	for the issuance of an adjunct teaching certificate to any
471	applicant who fulfills the requirements of s. 1012.56(2)(a)-(f)
472	and (10) and who has expertise in the subject area to be taught.
473	An applicant shall be considered to have expertise in the
474	subject area to be taught if the applicant demonstrates
475	sufficient subject area mastery through passage of a subject
476	area test. The adjunct teaching certificate shall be used for
477	part-time teaching positions.
478	(2)  The Legislature intends that this section intent of
479	this provision is to allow school districts to tap the wealth of
480	talent and expertise represented in Florida's citizens who may
481	wish to teach part-time in a Florida public school by permitting
482	school districts to issue adjunct certificates to qualified
483	applicants.
484	(3)  Adjunct certificateholders should be used as a
485	strategy to enhance the diversity of course offerings offered to
486	all students. School districts may use the expertise of
487	individuals in the state who wish to provide online instruction
488	to students by issuing adjunct certificates to qualified
489	applicants. reduce the teacher shortage; thus, adjunct
490	certificateholders should supplement a school's instructional
491	staff, not supplant it. Each school principal shall assign an
492	experienced peer mentor to assist the adjunct teaching
493	certificateholder during the certificateholder's first year of
494	teaching, and an adjunct certificateholder may participate in a
495	district's new teacher training program. District school boards
496	shall provide the adjunct teaching certificateholder an
497	orientation in classroom management prior to assigning the
498	certificateholder to a school.
499	(4)  Each adjunct teaching certificate is valid through the
500	term of the annual contract between the educator and the school
501	district for 5 school years and is renewable if the applicant is
502	rated effective or highly effective, pursuant to s. 1012.34, has
503	received satisfactory performance evaluations during each year
504	of teaching under adjunct teaching certification.
505	(5)(2)  Individuals who are certified and employed under
506	this section shall have the same rights and protection of laws
507	as teachers certified under s. 1012.56.
508	Section 7.  By December 1, 2011, the Department of
509	Education shall submit a report to the Governor, the President
510	of the Senate, and the Speaker of the House of Representatives
511	which identifies and explains the best methods and strategies by
512	which the department can assist district school boards in
513	acquiring digital learning at the most reasonable prices
514	possible and provides a plan under which district school boards
515	may voluntarily pool their bids for such purchases. The report
516	shall identify criteria that will enable district school boards
517	to differentiate between the level of service and pricing based
518	upon factors such as the level of student support, the frequency
519	of teacher-student communications, instructional accountability
520	standards, and academic integrity. The report shall also include
521	ways to increase student access to digital learning, including
522	identification and analysis of the best methods and strategies
523	for implementing part-time virtual education in kindergarten
524	through grade 5.
525	Section 8.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.