Florida Senate - 2013 SENATOR AMENDMENT
Bill No. CS for HB 7029
Barcode 317092
LEGISLATIVE ACTION
Senate . House
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Floor: 1/RE/3R .
05/02/2013 02:25 PM .
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Senator Brandes moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (23) of section 1001.42, Florida
6 Statutes, is amended to read:
7 1001.42 Powers and duties of district school board.—The
8 district school board, acting as a board, shall exercise all
9 powers and perform all duties listed below:
10 (23) FLORIDA VIRTUAL INSTRUCTION SCHOOL.—Provide students
11 with access to courses available through a virtual instruction
12 program option or the Florida Virtual School and award credit
13 for successful completion of such courses. Access shall be
14 available to students during and after the normal school day and
15 through summer school enrollment.
16 Section 2. Subsection (6) is added to section 1002.321,
17 Florida Statutes, to read:
18 1002.321 Digital learning.—
19 (6) ONLINE CATALOG.—The department shall develop an online
20 catalog of available digital learning courses provided pursuant
21 to ss. 1002.37, 1002.45, 1003.498, and 1003.499, which provides,
22 for each course, access to the course description, completion
23 and passage rates, and a method for student and teacher users to
24 provide evaluative feedback.
25 Section 3. Subsection (6) and paragraph (c) of subsection
26 (9) of section 1002.37, Florida Statutes, are amended, and
27 subsection (11) is added to that section, to read:
28 1002.37 The Florida Virtual School.—
29 (6) The board of trustees shall annually submit to the
30 Governor, the Legislature, the Commissioner of Education, and
31 the State Board of Education a complete and detailed report
32 setting forth:
33 (a) The operations and accomplishments of the Florida
34 Virtual School within the state and those occurring outside the
35 state as Florida Virtual School Global.
36 (b) The marketing and operational plan for the Florida
37 Virtual School and Florida Virtual School Global, including
38 recommendations regarding methods for improving the delivery of
39 education through the Internet and other distance learning
40 technology.
41 (c) The assets and liabilities of the Florida Virtual
42 School and Florida Virtual School Global at the end of the
43 fiscal year.
44 (d) A copy of an annual financial audit of the accounts and
45 records of the Florida Virtual School and Florida Virtual School
46 Global, conducted by an independent certified public accountant
47 and performed in accordance with rules adopted by the Auditor
48 General.
49 (e) Recommendations regarding the unit cost of providing
50 services to students through the Florida Virtual School and
51 Florida Virtual School Global. In order to most effectively
52 develop public policy regarding any future funding of the
53 Florida Virtual School, it is imperative that the cost of the
54 program is accurately identified. The identified cost of the
55 program must be based on reliable data.
56 (f) Recommendations regarding an accountability mechanism
57 to assess the effectiveness of the services provided by the
58 Florida Virtual School and Florida Virtual School Global.
59 (9)
60 (c) Unless an alternative testing site is mutually agreed
61 to by the Florida Virtual School and the school district or as
62 contracted under s. 1008.24, all statewide assessments must be
63 taken at the school to which the student would be assigned
64 according to district school board attendance areas. A school
65 district must provide the student with access to the school’s
66 testing facilities.
67 (11) The Auditor General shall conduct an operational audit
68 of the Florida Virtual School, including Florida Virtual School
69 Global. The scope of the audit shall include, but not be limited
70 to, the administration of responsibilities relating to
71 personnel; procurement and contracting; revenue production;
72 school funds, including internal funds; student enrollment
73 records; franchise agreements; information technology
74 utilization, assets, and security; performance measures and
75 standards; and accountability. The final report on the audit
76 shall be submitted to the President of the Senate and the
77 Speaker of the House of Representatives no later than January
78 31, 2014.
79 Section 4. Subsection (14) of section 1003.01, Florida
80 Statutes, is amended to read:
81 1003.01 Definitions.—As used in this chapter, the term:
82 (14) “Core-curricula courses” means:
83 (a) Courses in language arts/reading, mathematics, social
84 studies, and science in prekindergarten through grade 3,
85 excluding any extracurricular courses pursuant to subsection
86 (15);
87 (b) Courses in grades 4 through 8 in subjects that are
88 measured by state assessment at any grade level and courses
89 required for middle school promotion, excluding any
90 extracurricular courses pursuant to subsection (15);
91 (c) Courses in grades 9 through 12 in subjects that are
92 measured by state assessment at any grade level and courses that
93 are specifically identified by name in statute as required for
94 high school graduation and that are not measured by state
95 assessment, excluding any extracurricular courses pursuant to
96 subsection (15);
97 (d) Exceptional student education courses; and
98 (e) English for Speakers of Other Languages courses.
99
100 The term is limited in meaning and used for the sole purpose of
101 designating classes that are subject to the maximum class size
102 requirements established in s. 1, Art. IX of the State
103 Constitution. This term does not include courses offered under
104 ss. 1002.321(4)(e), 1002.33(7)(a)2.b., 1002.37, 1002.415, and
105 1002.45, and 1003.499.
106 Section 5. Section 1003.498, Florida Statues, is amended to
107 read:
108 1003.498 School district virtual course offerings.—
109 (1) School districts may deliver courses in the traditional
110 school setting by personnel certified pursuant to s. 1012.55 who
111 provide direct instruction through virtual instruction or
112 through blended learning courses consisting of both traditional
113 classroom and online instructional techniques. Students in a
114 blended learning course must be full-time students of the school
115 and receive the online instruction in a classroom setting at the
116 school. The funding, performance, and accountability
117 requirements for blended learning courses are the same as those
118 for traditional courses. To facilitate the delivery and coding
119 of blended learning courses, the department shall provide
120 identifiers for courses to designate courses that are used for
121 blended learning for the efficient reporting of such courses.
122 (2) School districts may offer virtual courses for students
123 enrolled in the school district. These courses must be
124 identified in the course code directory. Students who meet the
125 eligibility requirements of s. 1002.455 may participate in these
126 virtual course offerings.
127 (a) Any eligible student who is enrolled in a school
128 district may register and enroll in an online course offered by
129 his or her school district.
130 (b)1. Any eligible student who is enrolled in a school
131 district may register and enroll in an online course offered by
132 any other school district in the state, except as limited by the
133 following:
134 1. A student may not enroll in a course offered through a
135 virtual instruction program provided pursuant to s. 1002.45.
136 2. A student may not enroll in a virtual course offered by
137 another school district if:
138 a. The course is offered online by the school district in
139 which the student resides; or
140 b. The course is offered in the school in which the student
141 is enrolled. However, a student may enroll in an online course
142 offered by another school district if the school in which the
143 student is enrolled offers the course but the student is unable
144 to schedule the course in his or her school.
145 3. The school district in which the student completes the
146 course shall report the student’s completion of that course for
147 funding pursuant to s. 1011.61(1)(c)1.b.(VI), and the home
148 school district shall not report the student for funding for
149 that course.
150 2. For purposes of this paragraph, the combined total of
151 all school district reported FTE may not be reported as more
152 than 1.0 full-time equivalent student in any given school year.
153 The Department of Education shall establish procedures to enable
154 interdistrict coordination for the delivery and funding of this
155 online option.
156 (3) Access to courses shall be available to students during
157 the normal school day. A school district may not require a
158 public school student to take a course outside the school day
159 which is in addition to the student’s courses for a given term
160 or on school grounds.
161 Section 6. Section 1003.499, Florida Statutes, is created
162 to read:
163 1003.499 Florida Approved Courses and Tests (FACT)
164 Initiative.—
165 (1) PURPOSE.—
166 (a) The purpose of the initiative shall be to make
167 available multiple options to suit unique student interests,
168 satisfy educational requirements, and accelerate student
169 accomplishment of goals in a productive and effective manner.
170 The Legislature intends that state and local rules, policies,
171 and administrative decisions are flexible in interpreting and
172 implementing the requirements in this section in order to
173 encourage creative, innovative, resourceful, and forward
174 thinking practices that can be modeled throughout this state and
175 the country.
176 (b) Beginning in the 2015-2016 school year, the Florida
177 Approved Courses and Tests (FACT) Initiative shall be
178 implemented to expand student choices in selecting high-quality
179 online courses, including, but not limited to, massive open
180 online courses and instruction included under subsection (2) for
181 promotion or graduation. Such courses and instruction may be
182 provided using a blended learning model that shall include
183 components such as differentiated instruction, flexible
184 scheduling, differentiated teaching, and self-paced learning.
185 Instruction through the blended learning model may be provided
186 using online instructional videos, online class forums, and
187 online homework assignments and projects, coupled with one-on
188 one direct instructional support to students.
189 (2) FLORIDA APPROVED COURSES.—The Department of Education
190 shall annually publish online a list of providers approved to
191 offer Florida approved courses which shall be listed in the
192 online catalog pursuant to s. 1002.321(6).
193 (a) As used in this section, the term “Florida approved
194 courses” means online courses provided by individuals which
195 include, but are not limited to, massive open online courses or
196 remedial education associated with the courses that are measured
197 pursuant to s. 1008.22. Massive open online courses may be
198 authorized in the following subject areas: Algebra I, biology,
199 geometry, and civics. Courses may be applied toward requirements
200 for promotion or graduation in whole, in subparts, or in a
201 combination of whole and subparts. A student may not be required
202 to repeat subparts that are satisfactorily completed.
203 (b) A Florida approved course must be annually identified,
204 approved, published, and shared for consideration by interested
205 students and school districts. The Commissioner of Education
206 shall approve each Florida approved course for application in K
207 12 public schools in accordance with rules of the State Board of
208 Education.
209 (3) PROVIDER REQUIREMENTS.—
210 (a) To be approved by the Department of Education, an
211 individual provider must provide all the following documentation
212 that demonstrates that he or she:
213 1. Is nonsectarian regarding courses, enrollment policies,
214 employment practices, and operations.
215 2. Complies with the antidiscrimination provisions of s.
216 1000.05.
217 3. Requires all instructional staff to be Florida-certified
218 teachers under chapter 1012 or certified as adjunct educators
219 under s. 1012.57 and conducts background screenings for all
220 employees or contracted personnel, as required by s. 1012.32,
221 using state and national criminal history records.
222 4. Provides to parents and students specific information
223 posted and accessible online which includes, but is not limited
224 to, the following teacher-parent and teacher-student contact
225 information for each course:
226 a. How to contact the instructor via telephone, e-mail, or
227 online messaging tools.
228 b. How to contact technical support via telephone, e-mail,
229 or online messaging tools.
230 c. How to contact the administration office or an
231 individual offering online courses, including, but not limited
232 to, massive open online courses, via telephone, e-mail, or
233 online messaging tools.
234 d. Any requirement for regular contact with the instructor
235 for the course and clear expectations for meeting the
236 requirement.
237 5. Possesses prior, successful experience offering online
238 courses to elementary, middle, or high school students as
239 demonstrated by quantified student learning gains or student
240 growth in each subject area and grade level provided for
241 consideration as an instructional program option. However, for a
242 provider without sufficient prior, successful experience
243 offering online courses, the department may conditionally
244 approve the provider to offer courses measured by statewide
245 assessment program pursuant to s. 1008.22. Conditional approval
246 is valid for 1 year. Renewal of provider approval is contingent
247 on sufficient performance data available demonstrating success
248 in accordance with this section and State Board of Education
249 rule.
250 6. Ensures instructional and curricular quality through a
251 detailed curriculum and student performance accountability plan
252 that addresses every subject and grade level that the provider
253 intends to provide through contract with the school district,
254 including all of the following:
255 a. Courses and programs that meet the standards of the
256 International Association for K-12 Online Learning and the
257 Southern Regional Education Board.
258 b. Instructional content and services that align with, and
259 measure student attainment of, student proficiency in the Next
260 Generation Sunshine State Standards.
261 c. Mechanisms that determine and ensure that a student has
262 satisfied requirements for grade level promotion and high school
263 graduation with a standard diploma, as appropriate.
264 7. Publishes for the general public, in accordance with
265 disclosure requirements adopted in rule by the State Board of
266 Education, as part of the application as a provider and in all
267 contracts negotiated pursuant to this section all of the
268 following information:
269 a. Certification status and physical location of all
270 administrative and instructional personnel.
271 b. Hours and times of availability of instructional
272 personnel.
273 c. Student-teacher ratios.
274 d. Student completion and promotion rates.
275 e. Student, educator, and school performance accountability
276 outcomes.
277 (b) Each approved provider contracted under this section
278 must participate in the statewide assessment program under s.
279 1008.22 and in the state’s education performance accountability
280 system under s. 1008.31.
281 Section 7. Section 1004.0961, Florida Statutes, is created
282 to read:
283 1004.0961 Credit for online courses.—Beginning in the 2015
284 2016 school year, the State Board of Education and the Board of
285 Governors shall adopt rules that enable students to earn
286 academic credit for online courses, including massive open
287 online courses, prior to initial enrollment at a postsecondary
288 institution. The rules of the State Board of Education and rules
289 of the Board of Governors must include procedures for credential
290 evaluation and the award of credit, including, but not limited
291 to, recommendations for credit by the American Council on
292 Education; equivalency and alignment of coursework with
293 appropriate courses; course descriptions; type and amount of
294 credit that may be awarded; and transfer of credit.
295 Section 8. Section 1008.24, Florida Statutes, is amended to
296 read:
297 1008.24 Test administration and security.—
298 (1) A person may not It is unlawful for anyone knowingly
299 and willfully to violate test security rules adopted by the
300 State Board of Education for mandatory tests administered by or
301 through the State Board of Education or the Commissioner of
302 Education to students, educators, or applicants for
303 certification or administered by school districts pursuant to s.
304 1008.22, or, with respect to any such test, knowingly and
305 willfully to:
306 (a) Give examinees access to test questions prior to
307 testing;
308 (b) Copy, reproduce, or use in any manner inconsistent with
309 test security rules all or any portion of any secure test
310 booklet;
311 (c) Coach examinees during testing or alter or interfere
312 with examinees’ responses in any way;
313 (d) Make answer keys available to examinees;
314 (e) Fail to follow security rules for distribution and
315 return of secure test as directed, or fail to account for all
316 secure test materials before, during, and after testing;
317 (f) Fail to follow test administration directions specified
318 in the test administration manuals; or
319 (g) Participate in, direct, aid, counsel, assist in, or
320 encourage any of the acts prohibited in this section.
321 (2) A Any person who violates this section commits a
322 misdemeanor of the first degree, punishable as provided in s.
323 775.082 or s. 775.083.
324 (3) A school district may contract with qualified
325 contractors to administer and proctor statewide standardized
326 assessments required under s. 1008.22 or assessments associated
327 with Florida approved courses under s. 1003.499, as approved by
328 the Department of Education in accordance with rules of the
329 State Board of Education. Assessments may be administered or
330 proctored by qualified contractors at sites that meet criteria
331 established by rules of the State Board of Education and adopted
332 pursuant to ss. 120.536(1) and 120.54 to implement the
333 contracting requirements of this subsection.
334 (4)(3)(a) A district school superintendent, a president of
335 a public postsecondary educational institution, or a president
336 of a nonpublic postsecondary educational institution shall
337 cooperate with the Commissioner of Education in any
338 investigation concerning the administration of a test
339 administered pursuant to state statute or rule.
340 (b) The identity of a school or postsecondary educational
341 institution, the personally identifiable information of any
342 personnel of any school district or postsecondary educational
343 institution, or any specific allegations of misconduct obtained
344 or reported pursuant to an investigation conducted by the
345 Department of Education of a testing impropriety are
346 confidential and exempt from the provisions of s. 119.07(1) and
347 s. 24(a), Art. I of the State Constitution until the conclusion
348 of the investigation or until such time as the investigation
349 ceases to be active. For the purpose of this paragraph, an
350 investigation shall be deemed concluded upon a finding that no
351 impropriety has occurred, upon the conclusion of any resulting
352 preliminary investigation pursuant to s. 1012.796, upon the
353 completion of any resulting investigation by a law enforcement
354 agency, or upon the referral of the matter to an employer who
355 has the authority to take disciplinary action against an
356 individual who is suspected of a testing impropriety. For the
357 purpose of this paragraph, an investigation shall be considered
358 active so long as it is ongoing and there is a reasonable, good
359 faith anticipation that an administrative finding will be made
360 in the foreseeable future. This paragraph is subject to the Open
361 Government Sunset Review Act in accordance with s. 119.15 and
362 shall stand repealed on October 2, 2014, unless reviewed and
363 saved from repeal through reenactment by the Legislature.
364 (5) Exceptional students with disabilities, as defined in
365 s. 1003.01(3), shall have access to testing sites. The
366 Department of Education and each school district shall adopt
367 policies that are necessary to ensure such access.
368 Section 9. By August 30, 2013, the Department of Education
369 shall contract with a qualified contractor to review and provide
370 recommendations for online courses, including massive open
371 online courses, and competency-based online courses for K-12 and
372 postsecondary education. The recommendations must, at a minimum,
373 include the following components: improving access to the online
374 courses, and approving, funding, holding providers accountable,
375 and awarding credit for such courses. The department shall
376 identify measures of quality based upon student outcomes, such
377 as completion and achievement rates correlated appropriately to
378 each delivery model; measures for students to demonstrate
379 competency, such as prior learning assessments, end-of-course
380 exams, assessments established by regionally accredited public
381 institutions which may be applied as one whole assessment or as
382 two or more discrete subassessments such that when combined, the
383 subassessments are equivalent to a whole assessment; and
384 opportunities to use online courses, including massive open
385 online courses using blended learning or other tools delivered
386 in modules or segments to provide instruction pursuant to s.
387 1003.499(2)(a) for students in K-12 education. The department
388 shall provide findings and recommendations to the Executive
389 Office of the Governor, the President of the Senate, and the
390 Speaker of the House of Representatives by February 1, 2014.
391 Section 10. This act shall take effect July 1, 2013.
392
393 ================= T I T L E A M E N D M E N T ================
394 And the title is amended as follows:
395 Delete everything before the enacting clause
396 and insert:
397 A bill to be entitled
398 An act relating to education; amending s. 1001.42,
399 F.S.; revising district school board duties relating
400 to virtual instruction; amending s. 1002.321, F.S.;
401 requiring the Department of Education to develop an
402 online catalog of digital learning courses; amending
403 s. 1002.37, F.S.; providing reporting requirements
404 relating to Florida Virtual School Global; requiring
405 the Auditor General to conduct an operational audit of
406 the Florida Virtual School and submit a report to the
407 Legislature; amending s. 1003.01, F.S.; removing
408 Florida approved courses and blended learning courses
409 provided by a traditional public school, a charter
410 school, or a district innovation school from the
411 definition of the term “core-curricula courses” for
412 purposes of class size requirements; amending s.
413 1003.498, F.S.; requiring the Department of Education
414 to provide identifiers for courses to designate their
415 use for blended learning courses; removing
416 restrictions on students’ taking online courses across
417 district lines; providing students’ access to courses;
418 prohibiting a school district from requiring a public
419 school student to take an online course at certain
420 times or places; creating s. 1003.499, F.S.; creating
421 the Florida Approved Course Initiative; providing the
422 purpose of the initiative; providing legislative
423 intent; providing that implementing the initiative
424 allows students to expand their choices in selecting
425 online courses; requiring the department to annually
426 publish online a list of providers; defining the term
427 “Florida approved courses” as it relates to the
428 initiative; requiring that Florida approved courses be
429 annually identified, approved, published, and shared
430 for consideration by certain students and school
431 districts; requiring the Commissioner of Education to
432 to approve each Florida approved course; providing
433 requirements for approval as a provider for the
434 initiative; requiring an approved provider to
435 participate in the statewide assessment program and
436 the education performance accountability system;
437 creating s. 1004.0961, F.S.; requiring the State Board
438 of Education and the Board of Governors to adopt rules
439 that enable students to earn academic credit toward
440 online courses; providing requirements for the rules;
441 amending s. 1008.24, F.S.; authorizing a school
442 district to contract with qualified contractors to
443 administer and proctor statewide standardized
444 assessments or assessments associated with Florida
445 approved courses; providing that assessments may be
446 administered or proctored by qualified contractors at
447 sites that meet certain criteria; requiring
448 exceptional students to have access to testing sites;
449 requiring the Department of Education and school
450 districts to adopt policies; requiring the department
451 to contract with a qualified contractor to review and
452 provide recommendations for improving access to online
453 courses, and approving, funding, holding providers
454 accountable, and awarding credit for online courses
455 for K-12 and postsecondary education; requiring the
456 department to identify measures of quality based upon
457 student outcomes; requiring the department to provide
458 findings and recommendations to the Governor and the
459 Legislature by a specified date; providing an
460 effective date.