House Bill 2063c1

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    Florida House of Representatives - 2000             CS/HB 2063

        By the Committee on Education Innovation and
    Representatives Melvin and 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         annually prepare and submit a legislative

  9         budget request; establishing provisions for the

10         employment of personnel of the board of

11         trustees and the Florida On-Line High School;

12         authorizing the establishment of a personnel

13         loan or exchange program; requiring the board

14         of trustees to establish priorities for student

15         admissions; requiring the distribution of

16         information relating to student enrollment

17         procedures; requiring the submission of

18         forecasted and actual student enrollments;

19         providing requirements for the content and

20         custody of student and employee records;

21         providing requirements for maintenance of

22         financial records and accounts; providing

23         funding requirements; designating the Orange

24         County District School Board as the temporary

25         fiscal agent of the Florida On-Line High

26         School; prohibiting the credit of the state

27         from being pledged on behalf of the Florida

28         On-Line High School; requiring the board of

29         trustees to submit a report; providing an

30         effective date.

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    Florida House of Representatives - 2000             CS/HB 2063

    603-154A-00






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

  2

  3         Section 1.  Section 228.082, Florida Statutes, is

  4  created to read:

  5         228.082  The Florida On-Line High School.--

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

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

  8  education.

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

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

11  the Governor to 4-year staggered terms, one of whom shall be

12  the current chair of the Florida High School Advisory Board

13  and one of whom shall be the current Orange County Public

14  School District representative on the Florida High School

15  Advisory Board. The board shall be a public agency entitled to

16  sovereign immunity pursuant to s. 768.28, and board members

17  shall be public officers who shall bear fiduciary

18  responsibility for the Florida On-Line High School. The board

19  of trustees shall have the following powers and duties:

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

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

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

23  of a majority of the membership.

24         (b)  Until not more than 60 days after the initial

25  meeting of the board, the current governance structure of the

26  Florida On-Line High School shall be maintained.

27         (c)  The fiscal year for the Florida On-Line High

28  School shall be the state fiscal year as provided in s.

29  216.011(1)(n).

30         (d)  The board of trustees shall enter into agreements

31  with distance learning providers and may acquire, enjoy, use,

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    Florida House of Representatives - 2000             CS/HB 2063

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  1  and dispose of patents, copyrights, and trademarks and any

  2  licenses and other rights or interests thereunder or therein.

  3  Ownership of all such patents, copyrights, trademarks,

  4  licenses, and rights or interests thereunder or therein shall

  5  vest in the state, with the board having full right of use and

  6  full right to retain the revenues derived therefrom. Any funds

  7  realized from patents, copyrights, trademarks, or licenses

  8  shall be used to support the school's research and development

  9  activities in order to improve courseware and services to its

10  students.

11         (e)  The board of trustees shall annually prepare and

12  submit a legislative budget request, including funding

13  requests for computers for public school students who do not

14  have access to public school computers, in accordance with

15  chapter 216 and s. 235.41. The legislative budget request of

16  the Florida On-Line High School shall be prepared using the

17  same format, procedures, and timelines required for the

18  submission of the legislative budget of the Department of

19  Education.

20         (f)  The board of trustees shall administer and

21  maintain personnel programs for all employees of the board of

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

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

24  the appointment, employment, and removal of personnel.

25         1.  The board of trustees shall determine the

26  compensation, including salaries and fringe benefits, and

27  other conditions of employment for such personnel.

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

29  personnel loan or exchange program by which persons employed

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

31  administrative and instructional staff may be loaned to, or

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    Florida House of Representatives - 2000             CS/HB 2063

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  1  exchanged with persons employed in like capacities by, public

  2  agencies either within or without this state, or by private

  3  industry. With respect to public agency employees, the program

  4  authorized by this subparagraph shall be consistent with the

  5  requirements of part II of chapter 112. The salary and

  6  benefits of board personnel participating in the loan or

  7  exchange program shall be continued during the period of time

  8  they participate in a loan or exchange program, and such

  9  personnel shall be deemed to have no break in creditable or

10  continuous service or employment during such time. The salary

11  and benefits of persons participating in the personnel loan or

12  exchange program who are employed by public agencies or

13  private industry shall be paid by the originating employers of

14  those participants and such personnel shall be deemed to have

15  no break in creditable or continuous service or employment

16  during such time.

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

18  academic administrative and instructional personnel shall be

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

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

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

22  remuneration, and such other conditions of employment as the

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

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

25  academic administrative or instructional capacity with the

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

27  provided by rules of the board.

28         5.  All employees except temporary, seasonal, and

29  student employees may be state employees for the purpose of

30  being eligible to participate in the Florida Retirement System

31  and receive benefits. The classification and pay plan,

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    Florida House of Representatives - 2000             CS/HB 2063

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  1  including terminal leave and other benefits, and any

  2  amendments thereto, shall be subject to review and approval by

  3  the Department of Management Services and the Executive Office

  4  of the Governor prior to adoption. In the event that the board

  5  of trustees assumes responsibility for governance pursuant to

  6  this section before approval is obtained, employees shall be

  7  compensated pursuant to the system in effect for the employees

  8  of the fiscal agent.

  9         (g)  The board of trustees shall establish priorities

10  for admission of students in accordance with the General

11  Appropriations Act.

12         (h)  The board of trustees shall establish and

13  distribute to all school districts and high schools in the

14  state procedures for enrollment of students into courses

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

16  shall be designed to minimize paperwork and maximize

17  participation by students.

18         (i)  The board of trustees shall annually submit to the

19  Department of Education both forecasted and actual enrollments

20  for the Florida On-Line High School, according to procedures

21  established by the Department of Education. At a minimum, such

22  procedures must include the number of public, private, and

23  home school students served by district.

24         (j)  The board of trustees shall provide for the

25  content and custody of student and employee personnel records.

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

27  228.093. Employee records shall be subject to the provisions

28  of s. 231.291.

29         (k)  The financial records and accounts of the Florida

30  On-Line High School shall be maintained under the direction of

31  the board of trustees and under regulations prescribed by the

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    Florida House of Representatives - 2000             CS/HB 2063

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  1  State Board of Education for the uniform system of financial

  2  records and accounts for the schools of the state.

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

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

  6  trustees shall serve without compensation, but may be

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

  8  112.061. The board of trustees shall be a body corporate with

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

10  needed for the proper operation and improvement of the Florida

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

12  authorized to adopt rules, policies, and procedures,

13  consistent with law related to governance, personnel, budget

14  and finance, administration, programs, curriculum and

15  instruction, travel and purchasing, technology, students,

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

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

18  Tangible personal property owned by the board of trustees

19  shall be subject to the provisions of chapter 273.

20         (3)  The Commissioner of Education shall include the

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

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

23  of Education, the Governor, and the Legislature.

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

25  Appropriations Act, funds for the operation of the Florida

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

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

28  such time as the Legislature authorizes a different funding

29  mechanism.

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

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

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    Florida House of Representatives - 2000             CS/HB 2063

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

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

  3  Legislature in the General Appropriations Act and shall ensure

  4  that priority access is provided equitably across the state.

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

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

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

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

  9  Reorganization Transition Commission a complete and detailed

10  report setting forth:

11         (a)  The operations and accomplishments of the Florida

12  On-Line High School.

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

14  On-Line High School, including recommendations regarding

15  methods for improving the delivery of education through the

16  Internet and other distance learning technology.

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

18  High School at the end of the fiscal year.

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

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

21  School, conducted by an independent certified public

22  accountant and performed in accordance with rules adopted by

23  the Auditor General.

24         (e)  Recommendations regarding the unit cost of

25  providing services to students. In order to most effectively

26  develop public policy regarding any future funding of the

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

28  the program is accurately identified. The identified cost of

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

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

31  high school, including the costs associated with maintaining a

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    Florida House of Representatives - 2000             CS/HB 2063

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  1  high-quality research and development effort to locate and

  2  assimilate, or develop, Internet-based courses.

  3         (f)  Recommendations regarding an accountability

  4  mechanism to assess the effectiveness of the services provided

  5  by the Florida On-Line High School.

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

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

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

  9  High School.

10         (7)  The State Board of Education may adopt rules it

11  deems necessary to implement reporting requirements for the

12  Florida On-Line High School.

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

14  law.

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