House Bill 2063

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    Florida House of Representatives - 2000                HB 2063

        By Representative Lynn






  1                      A bill to be entitled

  2         An act relating to the Florida On-Line High

  3         School; creating s. 228.082, F.S.; establishing

  4         the Florida On-Line High School; establishing a

  5         board of trustees; providing for membership,

  6         powers, duties, and organization of the board

  7         of trustees; requiring the board of trustees to

  8         submit a legislative budget request;

  9         establishing provisions for the employment of

10         personnel of the board of trustees and the

11         Florida On-Line High School; authorizing the

12         establishment of a personnel loan or exchange

13         program; requiring the board of trustees to

14         establish priorities for student admissions;

15         requiring the distribution of information

16         relating to student enrollment procedures;

17         providing requirements for the content and

18         custody of student and employee records;

19         providing funding requirements; designating the

20         Orange County District School Board as the

21         temporary fiscal agent of the Florida On-Line

22         High School; prohibiting the credit of the

23         state from being pledged on behalf of the

24         Florida On-Line High School; requiring the

25         board of trustees to submit a report; providing

26         an effective date.

27

28  Be It Enacted by the Legislature of the State of Florida:

29

30         Section 1.  Section 228.082, Florida Statutes, is

31  created to read:

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    Florida House of Representatives - 2000                HB 2063

    560-234A-00






  1         228.082  The Florida On-Line High School.--

  2         (1)  The Florida On-Line High School is established for

  3  the development and delivery of on-line and distance learning

  4  education.

  5         (2)  The Florida On-Line High School shall be governed

  6  by a board of trustees comprised of seven members appointed by

  7  the Governor; one of whom shall be the current chair of the

  8  Florida High School Advisory Board, and one of whom shall be

  9  the current Orange County Public School District

10  representative on the Florida High School Advisory Board. The

11  board of trustees shall have the following powers and duties:

12         (a)  The board of trustees shall meet within 30 days

13  after July 1, 2000, and shall continue to meet at least 4

14  times each year, upon the call of the chair, or at the request

15  of a majority of the membership.

16         (b)  The board of trustees shall enter into informal

17  agreements with distance learning providers, and may acquire,

18  enjoy, use, and dispose of patents, copyrights, and trademarks

19  and any licenses and other rights or interests thereunder, or

20  therein. Any funds realized from patents, copyrights,

21  trademarks, or licenses shall be used to support the school's

22  research and development activities in order to improve

23  courseware and services to its students.

24         (c)  The board of trustees shall prepare and submit a

25  legislative budget request for the 2000-2001 fiscal year,

26  including fixed capital outlay requests for computers for

27  public school students who do not have access to public school

28  computers, in accordance with chapter 216 and s. 235.41. The

29  legislative budget request of the Florida On-Line High School

30  shall be prepared using the same format, procedures, and

31

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    Florida House of Representatives - 2000                HB 2063

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  1  timelines required for the submission of the legislative

  2  budget of the Department of Education.

  3         (d)  The board of trustees shall administer and

  4  maintain personnel programs for all employees of the board of

  5  trustees and the Florida On-Line High School. The board of

  6  trustees may adopt rules, policies, and procedures related to

  7  the appointment, employment, and removal of personnel.

  8         1.  The board of trustees shall determine the

  9  compensation, including salaries and fringe benefits, and

10  other conditions of employment for such personnel.

11         2.  The board of trustees may establish and maintain a

12  personnel loan or exchange program by which persons employed

13  by the board for the Florida On-Line High School as academic

14  administrative and instructional staff may be loaned to, or

15  exchanged with persons employed in like capacities by, school

16  districts either within or without this state, or by private

17  industry. The salary and benefits of board personnel

18  participating in the loan or exchange program shall be

19  continued during the period of time they participate in a loan

20  or exchange program, and such personnel shall be deemed to

21  have no break in creditable or continuous service or

22  employment during such time. The salary and benefits of

23  persons participating in the personnel loan or exchange

24  program who are employed by school districts or private

25  industry shall be paid by the originating employers of those

26  participants and such personnel shall be deemed to have no

27  break in creditable or continuous service or employment during

28  such time.

29         3.  The employment of all Florida On-Line High School

30  academic administrative and instructional personnel shall be

31  subject to rejection for cause by the board of trustees, and

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    Florida House of Representatives - 2000                HB 2063

    560-234A-00






  1  shall be subject to policies of the board of trustees relative

  2  to certification, tenure, leaves of absence, sabbaticals,

  3  remuneration, and such other conditions of employment as the

  4  board deems necessary and proper, not inconsistent with law.

  5         4.  Each person employed by the board of trustees in an

  6  academic administrative or instructional capacity with the

  7  Florida On-Line High School shall be entitled to a contract as

  8  provided by rules of the board. Academic administrative and

  9  instructional employees may be state employees for the purpose

10  of being eligible to participate in the Florida Retirement

11  System and receive health benefits.

12         (e)  The board of trustees shall establish priorities

13  for admission of students in accordance with the General

14  Appropriations Act.

15         (f)  The board of trustees shall establish and

16  distribute to all school districts and high schools in the

17  state procedures for enrollment of students into courses

18  offered by the Florida On-Line High School. Such procedures

19  shall be designed to minimize paperwork and maximize

20  participation by students.

21         (g)  The board of trustees shall annually submit both

22  forecasted and actual enrollments for the Florida On-Line High

23  School, according to procedures established by the Department

24  of Education. At a minimum, such procedures must include the

25  number of public, private, and home school students served, by

26  district.

27         (h)  The board of trustees shall provide for the

28  content and custody of student and employee personnel records.

29  Student records shall be subject to the provisions of s.

30  228.093. Employee records shall be subject to the provisions

31  of s. 231.291.

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    Florida House of Representatives - 2000                HB 2063

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  1

  2  The Governor shall designate the initial chair of the board of

  3  trustees to serve a term of 4 years. Members of the board of

  4  trustees shall serve without compensation, but may be

  5  reimbursed for per diem and travel expenses pursuant to s.

  6  112.061. The board of trustees shall be a body corporate with

  7  all the powers of a body corporate and such authority as is

  8  needed for the proper operation and improvement of the Florida

  9  On-Line High School. The board of trustees is specifically

10  authorized to adopt rules, policies, and procedures,

11  consistent with law, related to governance, personnel, budget

12  and finance, administration, programs, curriculum and

13  instruction, travel and purchasing, technology, students,

14  contracts and grants, and property as necessary for optimal,

15  efficient operation of the Florida On-Line High School.

16         (3)  The Commissioner of Education shall include the

17  Florida On-Line High School as a grant-in-aid appropriation in

18  the department's legislative budget request to the State Board

19  of Education, the Governor, and the Legislature.

20         (a)  Subject to any guidelines imposed in the General

21  Appropriations Act, funds for the operation of the Florida

22  On-Line High School shall be requested and appropriated within

23  the Department of Education as a grant-in-aid category until

24  such time as the Legislature authorizes a different funding

25  mechanism.

26         (b)  The Orange County District School Board shall be

27  the temporary fiscal agent of the Florida On-Line High School.

28         (c)  Priorities for the delivery of services by the

29  Florida On-Line High School shall be identified by the

30  Legislature in the General Appropriations Act and shall ensure

31  that priority access is provided equitably across the state.

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    Florida House of Representatives - 2000                HB 2063

    560-234A-00






  1         (4)  Under no circumstance may the credit of the state

  2  be pledged on behalf of the Florida On-Line High School.

  3         (5)  By January 1, 2001, the board of trustees shall

  4  submit to the Governor, the Legislature, and the Education

  5  Reorganization Transition Commission a complete and detailed

  6  report setting forth:

  7         (a)  The operations and accomplishments of the Florida

  8  On-Line High School.

  9         (b)  The marketing and operational plan for the Florida

10  On-Line High School, including recommendations regarding

11  methods for improving the delivery of education through the

12  Internet and other distance learning technology.

13         (c)  The assets and liabilities of the Florida On-Line

14  High School at the end of the fiscal year.

15         (d)  A copy of an annual financial and compliance audit

16  of the accounts and records of the Florida On-Line High

17  School, conducted by an independent certified public

18  accountant and performed in accordance with rules adopted by

19  the Auditor General.

20         (e)  Recommendations regarding the unit cost of

21  providing services to students. In order to most effectively

22  develop public policy regarding any future funding of the

23  Florida On-Line High School, it is imperative that the cost of

24  the program is accurately identified. The identified cost of

25  the program must be based on reliable data and reflect the

26  costs associated with maintaining a state-of-the-art on-line

27  high school, including the costs associated with maintaining a

28  high-quality research and development effort to locate and

29  assimilate, or develop, Internet-based courses.

30

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    Florida House of Representatives - 2000                HB 2063

    560-234A-00






  1         (f)  Recommendations regarding an accountability

  2  mechanism to assess the effectiveness of the services provided

  3  by the Florida On-Line High School.

  4         (6)  The Auditor General may, pursuant to his or her

  5  own authority, or at the direction of the Joint Legislative

  6  Auditing Committee, conduct an audit of the Florida On-Line

  7  High School.

  8         Section 2.  This act shall take effect upon becoming a

  9  law.

10

11            *****************************************

12                          HOUSE SUMMARY

13
      Establishes the Florida On-Line High School. Establishes
14    a board of trustees and provides for its membership,
      powers, duties, and organization. Requires the board of
15    trustees to submit a legislative budget request,
      establish provisions for the employment of personnel of
16    the board of trustees and the Florida On-Line High
      School, establish priorities for student admissions, and
17    distribute information relating to student enrollment
      procedures. Authorizes the establishment of a personnel
18    loan or exchange program. Provides requirements for the
      content and custody of student and employee records.
19    Provides funding requirements and designates the Orange
      County District School Board as the temporary fiscal
20    agent of the Florida On-Line High School. Prohibits the
      credit of the state from being pledged on behalf of the
21    Florida On-Line High School. Requires the board of
      trustees to submit a report.
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