ENROLLED
       2023 Legislature                                           SB 42
       
       
       
       
       
       
                                                               202342er
    1  
    2         An act relating to the Florida Statutes; amending ss.
    3         39.0016, 1001.03, 1001.215, 1001.41, 1002.33, 1002.45,
    4         1003.4282, 1003.499, 1003.4995, 1006.28, 1006.29,
    5         1006.31, 1006.33, 1006.34, 1007.35, 1008.385, 1012.05,
    6         1012.28, 1012.56, and 1012.72, F.S., to conform to
    7         section 10 of chapter 2022-16, Laws of Florida, which
    8         directs the Division of Law Revision to prepare a
    9         reviser’s bill to replace references to the term “Next
   10         Generation Sunshine State Standards” with the term
   11         “state academic standards” wherever the term appears
   12         in the Florida Statutes; providing effective dates.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (d) of subsection (4) of section
   17  39.0016, Florida Statutes, is amended to read:
   18         39.0016 Education of abused, neglected, and abandoned
   19  children; agency agreements; children having or suspected of
   20  having a disability.—
   21         (4) TRAINING.—The department shall incorporate an education
   22  component into all training programs of the department regarding
   23  children known to the department. Such training shall be
   24  coordinated with the Department of Education and the local
   25  school districts. The department shall offer opportunities for
   26  education personnel to participate in such training. Such
   27  coordination shall include, but not be limited to, notice of
   28  training sessions, opportunities to purchase training materials,
   29  proposals to avoid duplication of services by offering joint
   30  training, and incorporation of materials available from the
   31  Department of Education and local school districts into the
   32  department training when appropriate. The department training
   33  components shall include:
   34         (d) Training of caseworkers regarding the services and
   35  information available through the Department of Education and
   36  local school districts, including, but not limited to, the
   37  current state academic standards Sunshine State Standards, the
   38  Surrogate Parent Training Manual, and other resources accessible
   39  through the Department of Education or local school districts to
   40  facilitate educational access for a child known to the
   41  department.
   42         Section 2. Subsection (1) of section 1001.03, Florida
   43  Statutes, is amended to read:
   44         1001.03 Specific powers of State Board of Education.—
   45         (1) PUBLIC K-12 CURRICULAR STANDARDS.—The State Board of
   46  Education shall adopt and periodically review and revise the
   47  state academic standards Sunshine State Standards in accordance
   48  with s. 1003.41.
   49         Section 3. Subsections (4) and (9) of section 1001.215,
   50  Florida Statutes, are amended to read:
   51         1001.215 Just Read, Florida! Office.—There is created in
   52  the Department of Education the Just Read, Florida! Office. The
   53  office is fully accountable to the Commissioner of Education and
   54  shall:
   55         (4) Develop and provide access to sequenced, content-rich
   56  curriculum programming, instructional practices, and resources
   57  that help elementary schools use state-adopted instructional
   58  materials to increase students’ background knowledge and
   59  literacy skills, including student attainment of the state
   60  academic standards Next Generation Sunshine State Standards for
   61  social studies, science, and the arts. The office shall, as part
   62  of the adoption cycle for English Language Arts instructional
   63  materials, assist in evaluating elementary grades instructional
   64  materials submitted for adoption consideration in order to
   65  identify those materials that are closely aligned to the content
   66  and evidence-based strategies identified pursuant to subsection
   67  (8) and incorporate professional development to implement such
   68  strategies.
   69         (9) Periodically review the state academic standards Next
   70  Generation Sunshine State Standards for English Language Arts to
   71  determine their appropriateness at each grade level.
   72         Section 4. Subsection (3) of section 1001.41, Florida
   73  Statutes, is amended to read:
   74         1001.41 General powers of district school board.—The
   75  district school board, after considering recommendations
   76  submitted by the district school superintendent, shall exercise
   77  the following general powers:
   78         (3) Prescribe and adopt standards and policies to provide
   79  each student the opportunity to receive a complete education
   80  program, including language arts, mathematics, science, social
   81  studies, health, physical education, foreign languages, and the
   82  arts, as defined by the state academic standards Sunshine State
   83  Standards. The standards and policies must emphasize integration
   84  and reinforcement of reading, writing, and mathematics skills
   85  across all subjects, including career awareness, career
   86  exploration, and career and technical education.
   87         Section 5. Paragraph (a) of subsection (6) and paragraph
   88  (a) of subsection (7) of section 1002.33, Florida Statutes, are
   89  amended to read:
   90         1002.33 Charter schools.—
   91         (6) APPLICATION PROCESS AND REVIEW.—Charter school
   92  applications are subject to the following requirements:
   93         (a) A person or entity seeking to open a charter school
   94  shall prepare and submit an application on the standard
   95  application form prepared by the Department of Education which:
   96         1. Demonstrates how the school will use the guiding
   97  principles and meet the statutorily defined purpose of a charter
   98  school.
   99         2. Provides a detailed curriculum plan that illustrates how
  100  students will be provided services to attain the state academic
  101  standards Sunshine State Standards.
  102         3. Contains goals and objectives for improving student
  103  learning and measuring that improvement. These goals and
  104  objectives must indicate how much academic improvement students
  105  are expected to show each year, how success will be evaluated,
  106  and the specific results to be attained through instruction.
  107         4. Describes the reading curriculum and differentiated
  108  strategies that will be used for students reading at grade level
  109  or higher and a separate curriculum and strategies for students
  110  who are reading below grade level. A sponsor shall deny an
  111  application if the school does not propose a reading curriculum
  112  that is consistent with effective teaching strategies that are
  113  grounded in scientifically based reading research.
  114         5. Contains an annual financial plan for each year
  115  requested by the charter for operation of the school for up to 5
  116  years. This plan must contain anticipated fund balances based on
  117  revenue projections, a spending plan based on projected revenues
  118  and expenses, and a description of controls that will safeguard
  119  finances and projected enrollment trends.
  120         6. Discloses the name of each applicant, governing board
  121  member, and all proposed education services providers; the name
  122  and sponsor of any charter school operated by each applicant,
  123  each governing board member, and each proposed education
  124  services provider that has closed and the reasons for the
  125  closure; and the academic and financial history of such charter
  126  schools, which the sponsor shall consider in deciding whether to
  127  approve or deny the application.
  128         7. Contains additional information a sponsor may require,
  129  which shall be attached as an addendum to the charter school
  130  application described in this paragraph.
  131         8. For the establishment of a virtual charter school,
  132  documents that the applicant has contracted with a provider of
  133  virtual instruction services pursuant to s. 1002.45(1)(d).
  134         (7) CHARTER.—The terms and conditions for the operation of
  135  a charter school, including a virtual charter school, shall be
  136  set forth by the sponsor and the applicant in a written
  137  contractual agreement, called a charter. The sponsor and the
  138  governing board of the charter school or virtual charter school
  139  shall use the standard charter contract or standard virtual
  140  charter contract, respectively, pursuant to subsection (21),
  141  which shall incorporate the approved application and any addenda
  142  approved with the application. Any term or condition of a
  143  proposed charter contract or proposed virtual charter contract
  144  that differs from the standard charter or virtual charter
  145  contract adopted by rule of the State Board of Education shall
  146  be presumed a limitation on charter school flexibility. The
  147  sponsor may not impose unreasonable rules or regulations that
  148  violate the intent of giving charter schools greater flexibility
  149  to meet educational goals. The charter shall be signed by the
  150  governing board of the charter school and the sponsor, following
  151  a public hearing to ensure community input.
  152         (a) The charter shall address and criteria for approval of
  153  the charter shall be based on:
  154         1. The school’s mission, the types of students to be
  155  served, and, for a virtual charter school, the types of students
  156  the school intends to serve who reside outside of the sponsoring
  157  school district, and the ages and grades to be included.
  158         2. The focus of the curriculum, the instructional methods
  159  to be used, any distinctive instructional techniques to be
  160  employed, and identification and acquisition of appropriate
  161  technologies needed to improve educational and administrative
  162  performance which include a means for promoting safe, ethical,
  163  and appropriate uses of technology which comply with legal and
  164  professional standards.
  165         a. The charter shall ensure that reading is a primary focus
  166  of the curriculum and that resources are provided to identify
  167  and provide specialized instruction for students who are reading
  168  below grade level. The curriculum and instructional strategies
  169  for reading must be consistent with the state academic standards
  170  Next Generation Sunshine State Standards and grounded in
  171  scientifically based reading research.
  172         b. In order to provide students with access to diverse
  173  instructional delivery models, to facilitate the integration of
  174  technology within traditional classroom instruction, and to
  175  provide students with the skills they need to compete in the
  176  21st century economy, the Legislature encourages instructional
  177  methods for blended learning courses consisting of both
  178  traditional classroom and online instructional techniques.
  179  Charter schools may implement blended learning courses which
  180  combine traditional classroom instruction and virtual
  181  instruction. Students in a blended learning course must be full
  182  time students of the charter school pursuant to s.
  183  1011.61(1)(a)1. Instructional personnel certified pursuant to s.
  184  1012.55 who provide virtual instruction for blended learning
  185  courses may be employees of the charter school or may be under
  186  contract to provide instructional services to charter school
  187  students. At a minimum, such instructional personnel must hold
  188  an active state or school district adjunct certification under
  189  s. 1012.57 for the subject area of the blended learning course.
  190  The funding and performance accountability requirements for
  191  blended learning courses are the same as those for traditional
  192  courses.
  193         3. The current incoming baseline standard of student
  194  academic achievement, the outcomes to be achieved, and the
  195  method of measurement that will be used. The criteria listed in
  196  this subparagraph shall include a detailed description of:
  197         a. How the baseline student academic achievement levels and
  198  prior rates of academic progress will be established.
  199         b. How these baseline rates will be compared to rates of
  200  academic progress achieved by these same students while
  201  attending the charter school.
  202         c. To the extent possible, how these rates of progress will
  203  be evaluated and compared with rates of progress of other
  204  closely comparable student populations.
  205  
  206  A district school board is required to provide academic student
  207  performance data to charter schools for each of their students
  208  coming from the district school system, as well as rates of
  209  academic progress of comparable student populations in the
  210  district school system.
  211         4. The methods used to identify the educational strengths
  212  and needs of students and how well educational goals and
  213  performance standards are met by students attending the charter
  214  school. The methods shall provide a means for the charter school
  215  to ensure accountability to its constituents by analyzing
  216  student performance data and by evaluating the effectiveness and
  217  efficiency of its major educational programs. Students in
  218  charter schools shall, at a minimum, participate in the
  219  statewide assessment program created under s. 1008.22.
  220         5. In secondary charter schools, a method for determining
  221  that a student has satisfied the requirements for graduation in
  222  s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
  223         6. A method for resolving conflicts between the governing
  224  board of the charter school and the sponsor.
  225         7. The admissions procedures and dismissal procedures,
  226  including the school’s code of student conduct. Admission or
  227  dismissal must not be based on a student’s academic performance.
  228         8. The ways by which the school will achieve a
  229  racial/ethnic balance reflective of the community it serves or
  230  within the racial/ethnic range of other nearby public schools or
  231  school districts.
  232         9. The financial and administrative management of the
  233  school, including a reasonable demonstration of the professional
  234  experience or competence of those individuals or organizations
  235  applying to operate the charter school or those hired or
  236  retained to perform such professional services and the
  237  description of clearly delineated responsibilities and the
  238  policies and practices needed to effectively manage the charter
  239  school. A description of internal audit procedures and
  240  establishment of controls to ensure that financial resources are
  241  properly managed must be included. Both public sector and
  242  private sector professional experience shall be equally valid in
  243  such a consideration.
  244         10. The asset and liability projections required in the
  245  application which are incorporated into the charter and shall be
  246  compared with information provided in the annual report of the
  247  charter school.
  248         11. A description of procedures that identify various risks
  249  and provide for a comprehensive approach to reduce the impact of
  250  losses; plans to ensure the safety and security of students and
  251  staff; plans to identify, minimize, and protect others from
  252  violent or disruptive student behavior; and the manner in which
  253  the school will be insured, including whether or not the school
  254  will be required to have liability insurance, and, if so, the
  255  terms and conditions thereof and the amounts of coverage.
  256         12. The term of the charter which shall provide for
  257  cancellation of the charter if insufficient progress has been
  258  made in attaining the student achievement objectives of the
  259  charter and if it is not likely that such objectives can be
  260  achieved before expiration of the charter. The initial term of a
  261  charter shall be for 5 years, excluding 2 planning years. In
  262  order to facilitate access to long-term financial resources for
  263  charter school construction, charter schools that are operated
  264  by a municipality or other public entity as provided by law are
  265  eligible for up to a 15-year charter, subject to approval by the
  266  sponsor. A charter lab school is eligible for a charter for a
  267  term of up to 15 years. In addition, to facilitate access to
  268  long-term financial resources for charter school construction,
  269  charter schools that are operated by a private, not-for-profit,
  270  s. 501(c)(3) status corporation are eligible for up to a 15-year
  271  charter, subject to approval by the sponsor. Such long-term
  272  charters remain subject to annual review and may be terminated
  273  during the term of the charter, but only according to the
  274  provisions set forth in subsection (8).
  275         13. The facilities to be used and their location. The
  276  sponsor may not require a charter school to have a certificate
  277  of occupancy or a temporary certificate of occupancy for such a
  278  facility earlier than 15 calendar days before the first day of
  279  school.
  280         14. The qualifications to be required of the teachers and
  281  the potential strategies used to recruit, hire, train, and
  282  retain qualified staff to achieve best value.
  283         15. The governance structure of the school, including the
  284  status of the charter school as a public or private employer as
  285  required in paragraph (12)(i).
  286         16. A timetable for implementing the charter which
  287  addresses the implementation of each element thereof and the
  288  date by which the charter shall be awarded in order to meet this
  289  timetable.
  290         17. In the case of an existing public school that is being
  291  converted to charter status, alternative arrangements for
  292  current students who choose not to attend the charter school and
  293  for current teachers who choose not to teach in the charter
  294  school after conversion in accordance with the existing
  295  collective bargaining agreement or district school board rule in
  296  the absence of a collective bargaining agreement. However,
  297  alternative arrangements shall not be required for current
  298  teachers who choose not to teach in a charter lab school, except
  299  as authorized by the employment policies of the state university
  300  which grants the charter to the lab school.
  301         18. Full disclosure of the identity of all relatives
  302  employed by the charter school who are related to the charter
  303  school owner, president, chairperson of the governing board of
  304  directors, superintendent, governing board member, principal,
  305  assistant principal, or any other person employed by the charter
  306  school who has equivalent decisionmaking authority. For the
  307  purpose of this subparagraph, the term “relative” means father,
  308  mother, son, daughter, brother, sister, uncle, aunt, first
  309  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  310  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  311  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  312  stepsister, half brother, or half sister.
  313         19. Implementation of the activities authorized under s.
  314  1002.331 by the charter school when it satisfies the eligibility
  315  requirements for a high-performing charter school. A high
  316  performing charter school shall notify its sponsor in writing by
  317  March 1 if it intends to increase enrollment or expand grade
  318  levels the following school year. The written notice shall
  319  specify the amount of the enrollment increase and the grade
  320  levels that will be added, as applicable.
  321         Section 6. Paragraph (a) of subsection (2), paragraph (a)
  322  of subsection (3), and paragraph (a) of subsection (4) of
  323  section 1002.45, Florida Statutes, are amended to read:
  324         1002.45 Virtual instruction programs.—
  325         (2) PROVIDER QUALIFICATIONS.—
  326         (a) The department shall annually publish on its website a
  327  list of providers approved by the State Board of Education to
  328  offer virtual instruction programs. To be approved, a virtual
  329  instruction program provider must document that it:
  330         1. Is nonsectarian in its programs, admission policies,
  331  employment practices, and operations;
  332         2. Complies with the antidiscrimination provisions of s.
  333  1000.05;
  334         3. Locates an administrative office or offices in this
  335  state, requires its administrative staff to be state residents,
  336  requires all instructional staff to be Florida-certified
  337  teachers under chapter 1012 and conducts background screenings
  338  for all employees or contracted personnel, as required by s.
  339  1012.32, using state and national criminal history records;
  340         4. Electronically provides to parents and students specific
  341  information that includes, but is not limited to, the following
  342  teacher-parent and teacher-student contact information for each
  343  course:
  344         a. How to contact the instructor via phone, e-mail, or
  345  online messaging tools.
  346         b. How to contact technical support via phone, e-mail, or
  347  online messaging tools.
  348         c. How to contact the administration office via phone, e
  349  mail, or online messaging tools.
  350         d. Any requirement for regular contact with the instructor
  351  for the course and clear expectations for meeting the
  352  requirement.
  353         e. The requirement that the instructor in each course must,
  354  at a minimum, conduct one contact with the parent and the
  355  student each month;
  356         5. Possesses prior, successful experience offering virtual
  357  instruction courses to elementary, middle, or high school
  358  students as demonstrated by quantified student learning gains in
  359  each subject area and grade level provided for consideration as
  360  an instructional program option. However, for a virtual
  361  instruction program provider without sufficient prior,
  362  successful experience offering online courses, the State Board
  363  of Education may conditionally approve the virtual instruction
  364  program provider to offer courses measured pursuant to
  365  subparagraph (7)(a)2. Conditional approval shall be valid for 2
  366  school years only and, based on the virtual instruction program
  367  provider’s experience in offering the courses, the State Board
  368  of Education may grant approval to offer a virtual instruction
  369  program;
  370         6. Is accredited by a regional accrediting association as
  371  defined by State Board of Education rule;
  372         7. Ensures instructional and curricular quality through a
  373  detailed curriculum and student performance accountability plan
  374  that addresses every subject and grade level it intends to
  375  provide through contract with the school district, including:
  376         a. Courses and programs that meet the standards of the
  377  International Association for K-12 Online Learning and the
  378  Southern Regional Education Board.
  379         b. Instructional content and services that align with, and
  380  measure student attainment of, student proficiency in the state
  381  academic standards Next Generation Sunshine State Standards.
  382         c. Mechanisms that determine and ensure that a student has
  383  satisfied requirements for grade level promotion and high school
  384  graduation with a standard diploma, as appropriate;
  385         8. Publishes, in accordance with disclosure requirements
  386  adopted in rule by the State Board of Education, as part of its
  387  application as an approved virtual instruction program provider
  388  and in all contracts negotiated pursuant to this section:
  389         a. Information and data about the curriculum of each full
  390  time and part-time virtual instruction program.
  391         b. School policies and procedures.
  392         c. Certification status and physical location of all
  393  administrative and instructional personnel.
  394         d. Hours and times of availability of instructional
  395  personnel.
  396         e. Student-teacher ratios.
  397         f. Student completion and promotion rates.
  398         g. Student, educator, and school performance accountability
  399  outcomes;
  400         9. If the approved virtual instruction program provider is
  401  a Florida College System institution, employs instructors who
  402  meet the certification requirements for instructional staff
  403  under chapter 1012; and
  404         10. Performs an annual financial audit of its accounts and
  405  records conducted by an independent auditor who is a certified
  406  public accountant licensed under chapter 473. The independent
  407  auditor shall conduct the audit in accordance with rules adopted
  408  by the Auditor General and in compliance with generally accepted
  409  auditing standards, and include a report on financial statements
  410  presented in accordance with generally accepted accounting
  411  principles. The audit report shall be accompanied by a written
  412  statement from the approved virtual instruction program provider
  413  in response to any deficiencies identified within the audit
  414  report and shall be submitted by the approved virtual
  415  instruction program provider to the State Board of Education and
  416  the Auditor General no later than 9 months after the end of the
  417  preceding fiscal year.
  418         (3) VIRTUAL INSTRUCTION PROGRAM REQUIREMENTS.—Each virtual
  419  instruction program under this section must:
  420         (a) Align virtual course curriculum and course content to
  421  the state academic standards Sunshine State Standards under s.
  422  1003.41.
  423         (4) CONTRACT REQUIREMENTS.—Each contract with an approved
  424  virtual instruction program provider must, at minimum:
  425         (a) Set forth a detailed curriculum plan that illustrates
  426  how students will be provided services and be measured for
  427  attainment of proficiency in the state academic standards Next
  428  Generation Sunshine State Standards for each grade level and
  429  subject.
  430  
  431  A contracting school district shall facilitate compliance with
  432  the requirements of paragraphs (h) and (i).
  433         Section 7. Effective July 1, 2023, paragraph (a) of
  434  subsection (2) of section 1002.45, Florida Statutes, as amended
  435  by section 17 of chapter 2022-154, and section 10 of chapter
  436  2022-157, Laws of Florida, is amended to read:
  437         1002.45 Virtual instruction programs.—
  438         (2) PROVIDER QUALIFICATIONS.—
  439         (a) The department shall annually publish on its website a
  440  list of providers approved by the State Board of Education to
  441  offer virtual instruction programs. To be approved, a virtual
  442  instruction program provider must document that it:
  443         1. Is nonsectarian in its programs, admission policies,
  444  employment practices, and operations;
  445         2. Complies with the antidiscrimination provisions of s.
  446  1000.05;
  447         3. Locates an administrative office or offices in this
  448  state, requires its administrative staff to be state residents,
  449  requires all instructional staff to be Florida-certified
  450  teachers under chapter 1012 and conducts background screenings
  451  for all employees or contracted personnel, as required by s.
  452  1012.32, using state and national criminal history records;
  453         4. Electronically provides to parents and students specific
  454  information that includes, but is not limited to, the following
  455  teacher-parent and teacher-student contact information for each
  456  course:
  457         a. How to contact the instructor via phone, e-mail, or
  458  online messaging tools.
  459         b. How to contact technical support via phone, e-mail, or
  460  online messaging tools.
  461         c. How to contact the administration office via phone, e
  462  mail, or online messaging tools.
  463         d. Any requirement for regular contact with the instructor
  464  for the course and clear expectations for meeting the
  465  requirement.
  466         e. The requirement that the instructor in each course must,
  467  at a minimum, conduct one contact with the parent and the
  468  student each month;
  469         5. Possesses prior, successful experience offering virtual
  470  instruction courses to elementary, middle, or high school
  471  students as demonstrated by quantified student learning gains in
  472  each subject area and grade level provided for consideration as
  473  an instructional program option. However, for a virtual
  474  instruction program provider without sufficient prior,
  475  successful experience offering online courses, the State Board
  476  of Education may conditionally approve the virtual instruction
  477  program provider to offer courses measured pursuant to
  478  subparagraph (7)(a)2. Conditional approval shall be valid for 1
  479  school year only and, based on the virtual instruction program
  480  provider’s experience in offering the courses, the State Board
  481  of Education may grant approval to offer a virtual instruction
  482  program;
  483         6. Is accredited by a regional accrediting association as
  484  defined by State Board of Education rule;
  485         7. Ensures instructional and curricular quality through a
  486  detailed curriculum and student performance accountability plan
  487  that addresses every subject and grade level it intends to
  488  provide through contract with the school district, including:
  489         a. Courses and programs that meet the standards of the
  490  International Association for K-12 Online Learning and the
  491  Southern Regional Education Board.
  492         b. Instructional content and services that align with, and
  493  measure student attainment of, student proficiency in the state
  494  academic standards Next Generation Sunshine State Standards.
  495         c. Mechanisms that determine and ensure that a student has
  496  satisfied requirements for grade level promotion and high school
  497  graduation with a standard diploma, as appropriate;
  498         8. Publishes, in accordance with disclosure requirements
  499  adopted in rule by the State Board of Education, as part of its
  500  application as an approved virtual instruction program provider
  501  and in all contracts negotiated pursuant to this section:
  502         a. Information and data about the curriculum of each full
  503  time and part-time virtual instruction program.
  504         b. School policies and procedures.
  505         c. Certification status and physical location of all
  506  administrative and instructional personnel.
  507         d. Hours and times of availability of instructional
  508  personnel.
  509         e. Student-teacher ratios.
  510         f. Student completion and promotion rates.
  511         g. Student, educator, and school performance accountability
  512  outcomes;
  513         9. If the approved virtual instruction program provider is
  514  a Florida College System institution, employs instructors who
  515  meet the certification requirements for instructional staff
  516  under chapter 1012; and
  517         10. Performs an annual financial audit of its accounts and
  518  records conducted by an independent auditor who is a certified
  519  public accountant licensed under chapter 473. The independent
  520  auditor shall conduct the audit in accordance with rules adopted
  521  by the Auditor General and in compliance with generally accepted
  522  auditing standards, and include a report on financial statements
  523  presented in accordance with generally accepted accounting
  524  principles. The audit report shall be accompanied by a written
  525  statement from the approved virtual instruction program provider
  526  in response to any deficiencies identified within the audit
  527  report and shall be submitted by the approved virtual
  528  instruction program provider to the State Board of Education and
  529  the Auditor General no later than 9 months after the end of the
  530  preceding fiscal year.
  531         Section 8. Paragraph (b) of subsection (1) of section
  532  1003.4282, Florida Statutes, is amended to read:
  533         1003.4282 Requirements for a standard high school diploma.—
  534         (1) TWENTY-FOUR CREDITS REQUIRED.—
  535         (b) The required credits may be earned through equivalent,
  536  applied, or integrated courses or career education courses as
  537  defined in s. 1003.01(4), including work-related internships
  538  approved by the State Board of Education and identified in the
  539  course code directory. However, any must-pass assessment
  540  requirements must be met. An equivalent course is one or more
  541  courses identified by content-area experts as being a match to
  542  the core curricular content of another course, based upon review
  543  of the state academic standards Next Generation Sunshine State
  544  Standards for that subject. An applied course aligns with state
  545  academic standards Next Generation Sunshine State Standards and
  546  includes real-world applications of a career and technical
  547  education standard used in business or industry. An integrated
  548  course includes content from several courses within a content
  549  area or across content areas.
  550         Section 9. Paragraph (a) of subsection (3) of section
  551  1003.499, Florida Statutes, is amended to read:
  552         1003.499 Florida Approved Courses and Tests (FACT)
  553  Initiative.—
  554         (3) PROVIDER REQUIREMENTS.—
  555         (a) To be approved by the Department of Education, an
  556  individual provider must provide all the following documentation
  557  that demonstrates that he or she:
  558         1. Is nonsectarian regarding courses, enrollment policies,
  559  employment practices, and operations.
  560         2. Complies with the antidiscrimination provisions of s.
  561  1000.05.
  562         3. Requires all instructional staff to be Florida-certified
  563  teachers under chapter 1012 or certified as adjunct educators
  564  under s. 1012.57 and conducts background screenings for all
  565  employees or contracted personnel, as required by s. 1012.32,
  566  using state and national criminal history records.
  567         4. Provides to parents and students specific information
  568  posted and accessible online which includes, but is not limited
  569  to, the following teacher-parent and teacher-student contact
  570  information for each course:
  571         a. How to contact the instructor via telephone, e-mail, or
  572  online messaging tools.
  573         b. How to contact technical support via telephone, e-mail,
  574  or online messaging tools.
  575         c. How to contact the administration office or an
  576  individual offering online courses, including, but not limited
  577  to, massive open online courses, via telephone, e-mail, or
  578  online messaging tools.
  579         d. Any requirement for regular contact with the instructor
  580  for the course and clear expectations for meeting the
  581  requirement.
  582         5. Possesses prior, successful experience offering online
  583  courses to elementary, middle, or high school students as
  584  demonstrated by quantified student learning gains or student
  585  growth in each subject area and grade level provided for
  586  consideration as an instructional program option. However, for a
  587  provider without sufficient prior, successful experience
  588  offering online courses, the department may conditionally
  589  approve the provider to offer courses measured by the statewide
  590  assessment program pursuant to s. 1008.22. Conditional approval
  591  is valid for 1 year. Renewal of provider approval is contingent
  592  on sufficient performance data available demonstrating success
  593  in accordance with this section and State Board of Education
  594  rule.
  595         6. Ensures instructional and curricular quality through a
  596  detailed curriculum and student performance accountability plan
  597  that addresses every subject and grade level that the provider
  598  intends to provide through contract with the school district,
  599  including all of the following:
  600         a. Courses and programs that meet the standards of the
  601  International Association for K-12 Online Learning and the
  602  Southern Regional Education Board.
  603         b. Instructional content and services that align with, and
  604  measure student attainment of, student proficiency in the state
  605  academic standards Next Generation Sunshine State Standards.
  606         c. Mechanisms that determine and ensure that a student has
  607  satisfied requirements for grade level promotion and high school
  608  graduation with a standard diploma, as appropriate.
  609         7. Publishes for the general public, in accordance with
  610  disclosure requirements adopted in rule by the State Board of
  611  Education, as part of the application as a provider and in all
  612  contracts negotiated pursuant to this section all of the
  613  following information:
  614         a. Certification status and physical location of all
  615  administrative and instructional personnel.
  616         b. Hours and times of availability of instructional
  617  personnel.
  618         c. Student-teacher ratios.
  619         d. Student completion and promotion rates.
  620         e. Student, educator, and school performance accountability
  621  outcomes.
  622         Section 10. Section 1003.4995, Florida Statutes, is amended
  623  to read:
  624         1003.4995 Fine arts report.—The Commissioner of Education
  625  shall prepare an annual report that includes a description,
  626  based on annual reporting by schools, of student access to and
  627  participation in fine arts courses, which are visual arts,
  628  music, dance, and theatre courses; the number and certification
  629  status of educators providing instruction in the courses;
  630  educational facilities designed and classroom space equipped for
  631  fine arts instruction; and the manner in which schools are
  632  providing the core curricular content for fine arts established
  633  in the state academic standards Next Generation Sunshine State
  634  Standards. The report shall be posted on the Department of
  635  Education’s website and updated annually.
  636         Section 11. Paragraph (b) of subsection (2) of section
  637  1006.28, Florida Statutes, is amended to read:
  638         1006.28 Duties of district school board, district school
  639  superintendent; and school principal regarding K-12
  640  instructional materials.—
  641         (2) DISTRICT SCHOOL BOARD.—The district school board has
  642  the constitutional duty and responsibility to select and provide
  643  adequate instructional materials for all students in accordance
  644  with the requirements of this part. The district school board
  645  also has the following specific duties and responsibilities:
  646         (b) Instructional materials.—Provide for proper
  647  requisitioning, distribution, accounting, storage, care, and use
  648  of all instructional materials and furnish such other
  649  instructional materials as may be needed. Instructional
  650  materials used must be consistent with the district goals and
  651  objectives and the course descriptions established in rule of
  652  the State Board of Education, as well as with the applicable
  653  state academic standards Next Generation Sunshine State
  654  Standards provided for in s. 1003.41.
  655         Section 12. Paragraph (b) of subsection (1) of section
  656  1006.29, Florida Statutes, is amended to read:
  657         1006.29 State instructional materials reviewers.—
  658         (1)
  659         (b) By April 15 of each school year, the commissioner shall
  660  appoint three state or national experts in the content areas
  661  submitted for adoption to review the instructional materials and
  662  evaluate the content for alignment with the applicable state
  663  academic standards Next Generation Sunshine State Standards.
  664  These reviewers shall be designated as state instructional
  665  materials reviewers and shall review the materials for the level
  666  of instructional support and the accuracy and appropriateness of
  667  progression of introduced content. Instructional materials shall
  668  be made electronically available to the reviewers. The initial
  669  review of the materials shall be made by only two of the three
  670  reviewers. If the two reviewers reach different results, the
  671  third reviewer shall break the tie. The reviewers shall
  672  independently make recommendations to the commissioner regarding
  673  materials that should be placed on the list of adopted materials
  674  through an electronic feedback review system.
  675         Section 13. Subsection (2) of section 1006.31, Florida
  676  Statutes, is amended to read:
  677         1006.31 Duties of the Department of Education and school
  678  district instructional materials reviewer.—The duties of the
  679  instructional materials reviewer are:
  680         (2) EVALUATION OF INSTRUCTIONAL MATERIALS.—To use the
  681  selection criteria listed in s. 1006.34(2)(b) and recommend for
  682  adoption only those instructional materials aligned with the
  683  state academic standards Next Generation Sunshine State
  684  Standards provided for in s. 1003.41. Instructional materials
  685  recommended by each reviewer shall be, to the satisfaction of
  686  each reviewer, accurate, objective, balanced, noninflammatory,
  687  current, free of pornography and material prohibited under s.
  688  847.012, and suited to student needs and their ability to
  689  comprehend the material presented. Reviewers shall consider for
  690  recommendation materials developed for academically talented
  691  students, such as students enrolled in advanced placement
  692  courses. When recommending instructional materials, each
  693  reviewer shall:
  694         (a) Include only instructional materials that accurately
  695  portray the ethnic, socioeconomic, cultural, religious,
  696  physical, and racial diversity of our society, including men and
  697  women in professional, career, and executive roles, and the role
  698  and contributions of the entrepreneur and labor in the total
  699  development of this state and the United States.
  700         (b) Include only materials that accurately portray,
  701  whenever appropriate, humankind’s place in ecological systems,
  702  including the necessity for the protection of our environment
  703  and conservation of our natural resources and the effects on the
  704  human system of the use of tobacco, alcohol, controlled
  705  substances, and other dangerous substances.
  706         (c) Include materials that encourage thrift, fire
  707  prevention, and humane treatment of people and animals.
  708         (d) Require, when appropriate to the comprehension of
  709  students, that materials for social science, history, or civics
  710  classes contain the Declaration of Independence and the
  711  Constitution of the United States. A reviewer may not recommend
  712  any instructional materials that contain any matter reflecting
  713  unfairly upon persons because of their race, color, creed,
  714  national origin, ancestry, gender, religion, disability,
  715  socioeconomic status, or occupation or otherwise contradict the
  716  principles enumerated under s. 1003.42(3).
  717         Section 14. Paragraph (e) of subsection (1) of section
  718  1006.33, Florida Statutes, is amended to read:
  719         1006.33 Bids or proposals; advertisement and its contents.—
  720         (1)
  721         (e) The advertisement shall give information regarding
  722  digital specifications that have been adopted by the department,
  723  including minimum format requirements that will enable
  724  electronic and digital content to be accessed through the
  725  district’s local instructional improvement system and a variety
  726  of mobile, electronic, and digital devices. Beginning with
  727  specifications released in 2014, the digital specifications
  728  shall include requiring the capability for searching by state
  729  standards and site and student-level licensing. Such digital
  730  format specifications shall be appropriate for the
  731  interoperability of the content. The department may not adopt
  732  specifications that require the instructional materials to
  733  include specific references to FCAT and state academic standards
  734  Next Generation Sunshine State Standards and benchmarks at the
  735  point of student use.
  736         Section 15. Paragraph (b) of subsection (2) of section
  737  1006.34, Florida Statutes, is amended to read:
  738         1006.34 Powers and duties of the commissioner and the
  739  department in selecting and adopting instructional materials.—
  740         (2) SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS.—
  741         (b) In the selection of instructional materials, library
  742  media, and other reading material used in the public school
  743  system, the standards used to determine the propriety of the
  744  material shall include:
  745         1. The age of the students who normally could be expected
  746  to have access to the material.
  747         2. The educational purpose to be served by the material.
  748  Priority shall be given to the selection of materials that align
  749  with the state academic standards Next Generation Sunshine State
  750  Standards as provided for in s. 1003.41 and include the
  751  instructional objectives contained within the curriculum
  752  frameworks for career and technical education and adult and
  753  adult general education adopted by rule of the State Board of
  754  Education under s. 1004.92.
  755         3. The degree to which the material would be supplemented
  756  and explained by mature classroom instruction as part of a
  757  normal classroom instructional program.
  758         4. The consideration of the broad racial, ethnic,
  759  socioeconomic, and cultural diversity of the students of this
  760  state.
  761  
  762  Any instructional material containing pornography or otherwise
  763  prohibited by s. 847.012 may not be used or made available
  764  within any public school.
  765         Section 16. Paragraph (c) of subsection (6) of section
  766  1007.35, Florida Statutes, is amended to read:
  767         1007.35 Florida Partnership for Minority and
  768  Underrepresented Student Achievement.—
  769         (6) The partnership shall:
  770         (c) Provide teacher training and materials that are aligned
  771  with the state academic standards Next Generation Sunshine State
  772  Standards and are consistent with best theory and practice
  773  regarding multiple learning styles and research on learning,
  774  instructional strategies, instructional design, and classroom
  775  assessment. Curriculum materials must be based on current,
  776  accepted, and essential academic knowledge.
  777         Section 17. Paragraph (b) of subsection (1) of section
  778  1008.385, Florida Statutes, is amended to read:
  779         1008.385 Educational planning and information systems.—
  780         (1) EDUCATIONAL PLANNING.—
  781         (b) Each district school board shall maintain a continuing
  782  system of planning and budgeting designed to aid in identifying
  783  and meeting the educational needs of students and the public.
  784  Provision shall be made for coordination between district school
  785  boards and Florida College System institution boards of trustees
  786  concerning the planning for career education and adult
  787  educational programs. The major emphasis of the system shall be
  788  upon locally determined goals and objectives, the state plan for
  789  education, and the state academic standards Sunshine State
  790  Standards developed by the Department of Education and adopted
  791  by the State Board of Education. The district planning and
  792  budgeting system must include consideration of student
  793  achievement data obtained pursuant to ss. 1008.22 and 1008.34.
  794  The system shall be structured to meet the specific management
  795  needs of the district and to align the budget adopted by the
  796  district school board with the plan the board has also adopted.
  797  Each district school board shall utilize its system of planning
  798  and budgeting to emphasize a system of school-based management
  799  in which individual school centers become the principal planning
  800  units and to integrate planning and budgeting at the school
  801  level.
  802         Section 18. Paragraph (l) of subsection (2) of section
  803  1012.05, Florida Statutes, is amended to read:
  804         1012.05 Teacher recruitment and retention.—
  805         (2) The Department of Education shall:
  806         (l) Develop and implement an online Teacher Toolkit that
  807  contains a menu of resources, based on the state academic
  808  standards Sunshine State Standards, that all teachers can use to
  809  enhance classroom instruction and increase teacher
  810  effectiveness, thus resulting in improved student achievement.
  811         Section 19. Subsection (5) of section 1012.28, Florida
  812  Statutes, is amended to read:
  813         1012.28 Public school personnel; duties of school
  814  principals.—
  815         (5) Each school principal shall perform such duties as may
  816  be assigned by the district school superintendent, pursuant to
  817  the rules of the district school board. Such rules shall
  818  include, but are not limited to, rules relating to
  819  administrative responsibility, instructional leadership in
  820  implementing the state academic standards Sunshine State
  821  Standards and the overall educational program of the school to
  822  which the school principal is assigned, submission of personnel
  823  recommendations to the district school superintendent,
  824  administrative responsibility for records and reports,
  825  administration of corporal punishment, and student suspension.
  826         Section 20. Subsection (4) of section 1012.56, Florida
  827  Statutes, is amended to read:
  828         1012.56 Educator certification requirements.—
  829         (4) ALIGNMENT OF SUBJECT AREAS.—The State Board of
  830  Education shall align the subject area examinations to the state
  831  academic standards Next Generation Sunshine State Standards.
  832         Section 21. Subsection (1) of section 1012.72, Florida
  833  Statutes, is amended to read:
  834         1012.72 Dale Hickam Excellent Teaching Program.—
  835         (1) The Legislature recognizes that teachers play a
  836  critical role in preparing students to achieve the high levels
  837  of academic performance expected by the state academic standards
  838  Sunshine State Standards. The Legislature further recognizes the
  839  importance of identifying and rewarding teaching excellence and
  840  of encouraging good teachers to become excellent teachers. The
  841  Legislature finds that the National Board for Professional
  842  Teaching Standards (NBPTS) has established high and rigorous
  843  standards for accomplished teaching and has developed a national
  844  voluntary system for assessing and certifying teachers who
  845  demonstrate teaching excellence by meeting those standards. It
  846  is therefore the Legislature’s intent to reward teachers who
  847  demonstrate teaching excellence by attaining NBPTS certification
  848  and sharing their expertise with other teachers.
  849         Reviser’s note.—Amended pursuant to the directive of the
  850         Legislature in s. 10, ch. 2022-16, Laws of Florida, to the
  851         Division of Law Revision to prepare a reviser’s bill for
  852         the 2023 Regular Session of the Legislature to change the
  853         term “Next Generation Sunshine State Standards” to “state
  854         academic standards” wherever the term appears in the
  855         Florida Statutes.
  856         Section 22. Except as otherwise expressly provided in this
  857  act and except for this section, which shall take effect July 1,
  858  2023, this act shall take effect on the 60th day after
  859  adjournment sine die of the session of the Legislature in which
  860  enacted.