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House Bill 0341

Florida House of Representatives - 1997 HB 341 By Representative Chestnut 1 A bill to be entitled 2 An act relating to education; creating s. 3 228.058, F.S.; establishing The Florida High 4 School, a public high school offering online 5 computer-mediated curriculum and instruction; 6 providing for administration by the School 7 Board of Alachua County; providing for student 8 admission and fees; providing requirements for 9 school personnel; requiring establishment of an 10 advisory board of directors and specifying 11 duties; providing for allocation of funds to 12 the school; providing for a public employer of 13 school personnel; requiring audits; authorizing 14 the waiver of statutes or related rules; 15 providing for rules; providing an effective 16 date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Section 228.058, Florida Statutes, is 21 created to read: 22 228.058 Online computer-mediated high school 23 program.-- 24 (1) SHORT TITLE.--This section may be cited as the 25 "Online High School Act." 26 (2) ESTABLISHMENT.--There is established a public 27 school to be known as The Florida High School. The school 28 shall provide instruction to students throughout the state and 29 shall be administered by the School Board of Alachua County. 30 (3) MISSION.--The mission of The Florida High School 31 shall be the provision of online computer-mediated curriculum 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 341 52-152-97 1 and instruction. Programs of study to achieve the mission of 2 the school shall embody the goals and standards of Florida's 3 system of school improvement and education accountability, 4 established pursuant to ss. 229.591 and 229.592, and shall 5 ensure an appropriate education for its students. 6 (a) The school shall emphasize progressive, sequential 7 academic development. The primary goal of the school is to 8 enhance instruction and student performance skills by using 9 resources created for, and made available through, online 10 electronic media, to develop in students the skills necessary 11 to take advantage of distance learning programs at the 12 postsecondary level, and to provide opportunities for advanced 13 placement into such programs. 14 (b) The school shall provide to secondary teachers 15 throughout the state access to its curriculum and 16 instructional methods for staff development purposes and as a 17 general classroom resource. 18 (c) The exceptional student education programs offered 19 at the school shall be determined by the adaptability of the 20 medium to the needs of the student. The fact that the school 21 offers exceptional student education programs in no way 22 lessens the general responsibility of the student's home 23 school district to provide exceptional student education 24 programs. 25 (4) STUDENT ADMISSIONS.--The school shall abide by the 26 provisions of the Florida Educational Equity Act, pursuant to 27 s. 228.2001, and be open for enrollment on either a part-time 28 or full-time basis to: 29 (a) General education students or exceptional 30 education students statewide who are currently functioning at 31 academic grade levels 9-12. 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 341 52-152-97 1 (b) Adult education students who are functioning at 2 academic grade levels 9-12 and working toward a high school 3 diploma. 4 (c) Residents in Department of Corrections' facilities 5 who are functioning at academic grade levels 9-12 and have not 6 received a high school diploma or its equivalent. 7 (d) Homebound and hospitalized students who are 8 functioning at academic grade levels 9-12 on a temporary basis 9 to ensure continuity of their education. 10 (e) Children of migrant workers, regardless of their 11 current district of residence within the state, who are 12 functioning at academic grade levels 9-12. 13 (5) STUDENT FEES.--Students residing in Florida may 14 not be charged a fee for participation in the school's 15 program. Out-of-state students enrolled in the school may be 16 charged a fee equal to, but not exceeding, the average per 17 student expenditure of in-state students enrolled in the 18 school. The cost of technologies necessary to access the 19 school, as well as linking to the national information 20 infrastructure, shall be borne by the student or, if a student 21 is enrolled as part of a school-based program in a 22 participating school district, the cost shall be borne by the 23 school district in which the school-based program is offered. 24 (6) PERSONNEL.-- 25 (a) At the discretion of the School Board of Alachua 26 County, the school may employ an administrative staff 27 consisting of a principal and assistant principals. The 28 administrative staff shall be employed by the School Board of 29 Alachua County and shall have the following duties: 30 1. The principal shall be the chief executive officer 31 and shall oversee the educational programs of the school, the 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 341 52-152-97 1 technological platform of the school, affiliation agreements 2 with organizations external to the School Board of Alachua 3 County, collaborative relationships between school districts 4 for the provision of services, and the daily operation and 5 administration of the school. The principal shall be 6 responsible for recommending policy to the advisory board of 7 directors. The principal shall be accountable for the 8 financial resources of the school. 9 2. An assistant principal for educational programs 10 shall be the chief educational officer and shall oversee the 11 educational programs of the school. The assistant principal 12 for educational programs shall be accountable for instruction, 13 curriculum development, facilitation, guidance services, staff 14 development, and the daily operation and administration of the 15 school. 16 3. An assistant principal for technologies shall be 17 the chief technology officer of the school. The assistant 18 principal for technologies shall be accountable for the 19 development and maintenance of the computers, networks, and 20 related equipment upon which the school resides, the network 21 links to outside vendors and resources, the development of the 22 technologies utilized in instruction and curriculum, and the 23 daily operation and administration of the technological 24 platform of the school. 25 (b) At the discretion of the School Board of Alachua 26 County, the school may employ a professional staff consisting 27 of teachers, guidance personnel, and staff development 28 experts. The professional staff shall be the faculty of the 29 school and shall be employed by the School Board of Alachua 30 County. The faculty of the school shall be divided into four 31 distinct functions as follows: 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 341 52-152-97 1 1. Curriculum developers shall be responsible for the 2 development and maintenance of the instructional programs of 3 the school. The curriculum developers may be employed by the 4 School Board of Alachua County or may be contractees employed 5 by other school districts in the state. If employed by the 6 School Board of Alachua County, curriculum developers shall be 7 retained as teachers on special assignment and shall receive 8 supplements and release time for that portion of the school 9 day allocated to maintaining the curriculum of The Florida 10 High School. 11 2. Facilitators shall be responsible for providing 12 assistance, advice, and academic guidance to students enrolled 13 in the school. Facilitators may be employed by the School 14 Board of Alachua County or may be contractees employed by 15 other school districts in the state. If employed by the 16 School Board of Alachua County, facilitators shall be retained 17 as teachers on special assignment and shall receive 18 supplements and release time for that portion of the school 19 day allocated to maintaining the curriculum of The Florida 20 High School. 21 3. Guidance personnel shall be responsible for all 22 normal services provided by a school guidance department, plus 23 additional services that may be unique to needs of students 24 enrolled in The Florida High School. Guidance personnel shall 25 be employed by the School Board of Alachua County and shall 26 provide services to all students enrolled in the school, 27 regardless of geographic location. 28 4. Staff development personnel shall be responsible 29 for developing and providing training to personnel of the 30 school and to education professionals statewide regarding the 31 resources of the school and shall actively pursue and develop 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 341 52-152-97 1 staff development opportunities that can be successfully 2 delivered through the medium of the school. Staff development 3 personnel may be employed by the School Board of Alachua 4 County or may be contractees. 5 6 Faculty members shall meet the certification requirements of 7 ss. 231.02, 231.095, and 231.096. 8 (7) ADVISORY BOARD.--The intent and provisions of 9 Florida's system of school improvement and education 10 accountability specify that, pursuant to s. 229.58, each 11 public school in the state shall establish a school advisory 12 council that is reflective of the population served by the 13 school and is responsible for the development and evaluation 14 of the school improvement plan pursuant to s. 230.23(18). The 15 Florida High School shall comply with the provisions of s. 16 229.58 by establishing an advisory board of directors 17 consisting of five representatives from school districts other 18 than Alachua County, two representatives from the Department 19 of Education, two representatives from the business community 20 with statewide representation, two representatives from the 21 Department of Corrections, two representatives from 22 postsecondary education, two representatives from parent 23 groups with statewide representation, and two representatives 24 at large. The board shall: 25 (a) Provide leadership and support in the efforts to 26 ensure the fiscal viability of the school. 27 (b) Develop and recommend guidelines for the 28 appropriate distribution of funds to participating school 29 districts. 30 31 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 341 52-152-97 1 (c) Serve as an advisory board in allocating 2 curriculum development tasks to participating school 3 districts. 4 (d) Serve as a review board for maintaining the 5 quality of curriculum and instruction offered to students in 6 the school. 7 (e) Advise the staff on affiliation agreements with 8 other school districts and third-party vendors associated with 9 the school. 10 (f) Assist in developing policies and procedures for 11 the effective operation of the school. 12 (g) Address issues of general concern to the operation 13 of the school as they arise. 14 (8) FUNDING.-- 15 (a) The proportional share of operating funds from the 16 Florida Education Finance Program, as provided in s. 236.081, 17 and the General Appropriations Act for The Florida High School 18 shall be allocated to the school as a separate entity from the 19 allocation to the School Board of Alachua County. The School 20 Board of Alachua County shall serve as fiscal agent for the 21 school. The nonvoted ad valorem millage that would otherwise 22 be required for the school shall be allocated from state 23 funds. The required local effort funds calculated pursuant to 24 s. 236.081 shall be allocated from state funds to the school 25 as a part of the allocation of operating funds pursuant to s. 26 236.081. The school shall receive its proportional share of 27 all categorical funds and new categorical funds enacted after 28 July 1, 1997, for the purpose of secondary academic program 29 enhancement with the exception of funds for student 30 transportation, pursuant to s. 236.083. The school shall not 31 receive a sparsity supplement, pursuant to s. 236.081(6). 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 341 52-152-97 1 (b) It is the intent of the Legislature to allow the 2 statewide online educational program the ability to generate 3 operating funds based on student performance notwithstanding 4 the provisions of s. 236.013. For the purposes of The Florida 5 High School, the following provisions apply: 6 1. A "full-time equivalent student" is a student who 7 is registered simultaneously for six courses in The Florida 8 High School. 9 2. A "part-time student" is a student who is 10 registered simultaneously for fewer than six courses in The 11 Florida High School. 12 3. The district cost differential for the school shall 13 equal the average district cost differential of the 67 county 14 contiguous school districts of the state. 15 4. The program cost factors as described in s. 16 236.081(1)(c) shall apply with the following exceptions: 17 a. Unless other program cost factors apply, any 18 enrolled student 18 years of age or younger shall be 19 classified in the program cost factor of basic programs, 20 grades 9, 10, 11, and 12, for weighted full-time equivalent 21 calculations. 22 b. Unless other program cost factors apply, any 23 enrolled student 19 years of age or older shall be classified 24 in the program cost factor of adult general education 25 programs, adult secondary education, for weighted full-time 26 equivalent calculations. 27 5. The funds allocated to The Florida High School 28 shall be calculated using the average funds per weighted FTE 29 of the 67 county contiguous school districts of the state. 30 6. The following formula shall apply for the 31 allocation of funds to The Florida High School: 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 341 52-152-97 1 a. Funds shall be allocated to the school based on 2 course registration and student performance. For each course 3 registration, the school shall be allocated one-sixth of the 4 average funds per weighted FTE of the 67 county contiguous 5 school districts of the state. 6 b. Funds shall be allocated to the school quarterly, 7 on July 1, October 1, January 1, and April 1. 8 c. Quarterly allocation shall be made as follows: 9 (I) For each course in which a student has registered 10 since the last allocation date, the school shall receive 11 one-half of the allocation for registration in that course. 12 For each student who has completed one-half of the 13 competencies and skills for a course during the time period 14 between the last allocation date and the current allocation 15 being calculated, the school shall receive one-fourth of the 16 allocation for registration in that course. For each student 17 who has completed all course requirements during the time 18 period between the last allocation date and the current 19 allocation being calculated, the school shall receive the 20 remaining one-fourth of the allocation for registration in 21 that course. 22 (II) The allocation shall be made to The Florida High 23 School and forwarded to the school's fiscal agent, and all 24 funds less administrative fees to the fiscal agent for 25 oversight shall be placed in an account for the operation of 26 the school. 27 (9) PUBLIC EMPLOYER.--The School Board of Alachua 28 County shall be the public employer of school personnel for 29 collective bargaining purposes unless such personnel are 30 employed by another school district and providing services to 31 the The Florida High School through special contract. In such 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 341 52-152-97 1 situation, the home school district of the contracted 2 personnel shall be the public employer of the personnel. 3 (10) AUDIT.-- 4 (a) The Auditor General shall include The Florida High 5 School within the scope of his or her annual financial and 6 compliance audits of the School Board of Alachua County. The 7 Auditor General shall further conduct compliance and program 8 audits of the school no less than once every 10 years. 9 (b) A report of the audit findings shall be provided 10 to the school, the School Board of Alachua County, the State 11 Board of Education, the President of the Senate, and the 12 Speaker of the House of Representatives. 13 (11) EXCEPTIONS TO LAW.--To encourage innovative 14 practices and facilitate the development of online media as an 15 educational delivery tool, in addition to the exceptions to 16 law specified in s. 229.592(6), the following statutes or 17 related rules may be waived by The Florida High School 18 provided the general statutory purpose of each section is met 19 and the school has submitted a request to the Department of 20 Education for approval: ss. 230.655, 232.02, 232.021, 21 232.022, 232.0225, 232.023, 232.0315, 232.032, 232.10, 232.19, 22 232.23, 232.2452, 232.2454, 232.246, 232.2465, 232.425, 23 232.43, 233.058, 233.063, 233.255, 233.37, 233.45, 235.295, 24 and 235.198. 25 (12) IMPLEMENTATION.--The State Board of Education 26 shall adopt any rules necessary to facilitate the 27 implementation of this section. 28 Section 2. This act shall take effect July 1, 1997. 29 30 31 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 341 52-152-97 1 ***************************************** 2 HOUSE SUMMARY 3 Creates the "Online High School Act" to provide for the 4 establishment of The Florida High School, a public school administered by the School Board of Alachua County. 5 Specifies the school mission to provide online computer-mediated curriculum and instruction statewide. 6 Provides student admission and fee policies. Provides administrative and professional staff requirements. 7 Provides for establishment of an advisory board of directors and specifies duties thereof. Provides for 8 school funding, a public employer, annual audits, and rulemaking. Authorizes the waiver of statutes or related 9 rules to facilitate the development of online media as an educational delivery tool. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 11