Senate Bill 2260c1

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    Florida Senate - 2000                           CS for SB 2260

    By the Committee on Education and Senator Webster





    304-1903B-00

  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.

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

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30         Section 1.  Section 228.082, Florida Statutes, is

31  created to read:

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    Florida Senate - 2000                           CS for SB 2260
    304-1903B-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 2001-2002 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

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    Florida Senate - 2000                           CS for SB 2260
    304-1903B-00




  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 Senate - 2000                           CS for SB 2260
    304-1903B-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.

  9         5.  Academic administrative and instructional employees

10  may be state employees for the purposes of being eligible to

11  participate in the Florida Retirement System and to receive

12  benefits. All employees except seasonal, temporary, and

13  student employees may be state employees for the purposes of

14  being eligible to participate in the Florida Retirement System

15  and to receive benefits. The classification and pay plan,

16  including terminal leave and other benefits, and any

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

18  the Department of Management Services and the Executive Office

19  of the Governor prior to adoption. If the board of trustees

20  assumes responsibility for governance pursuant to this section

21  before approval is obtained, employees shall be compensated

22  pursuant to the system in effect for the employees of the

23  fiscal agent.

24         (e)  The board of trustees shall establish priorities

25  for admission of students in accordance with the General

26  Appropriations Act.

27         (f)  The board of trustees shall establish and

28  distribute to all school districts and high schools in the

29  state procedures for enrollment of students into courses

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

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    Florida Senate - 2000                           CS for SB 2260
    304-1903B-00




  1  shall be designed to minimize paperwork and maximize

  2  participation by students.

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

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

  5  School, according to procedures established by the Department

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

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

  8  district.

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

10  content and custody of student and employee personnel records.

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

12  228.093. Employee records shall be subject to the provisions

13  of s. 231.291. The financial records and accounts of the

14  Florida On-Line High School shall be maintained under the

15  direction of the board of trustees and under regulations

16  prescribed by the State Board of Education for the uniform

17  system of financial records and accounts for the schools of

18  the state.

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

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

22  trustees shall serve without compensation, but may be

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

24  112.061. The board of trustees shall be a body corporate with

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

26  needed for the proper operation and improvement of the Florida

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

28  authorized to adopt rules, policies, and procedures,

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

30  and finance, administration, programs, curriculum and

31  instruction, travel and purchasing, technology, students,

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    Florida Senate - 2000                           CS for SB 2260
    304-1903B-00




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

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

  3         (3)  The Commissioner of Education shall include the

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

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

  6  of Education, the Governor, and the Legislature. Tangible

  7  personal property owned by the board of trustees is subject to

  8  the provisions of chapter 237.

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

10  Appropriations Act, funds for the operation of the Florida

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

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

13  such time as the Legislature authorizes a different funding

14  mechanism.

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

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

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

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

19  Legislature in the General Appropriations Act and shall ensure

20  that priority access is provided equitably across the state.

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

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

23         (5)  By January 1, 2002, the board of trustees shall

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

25  Reorganization Transition Commission a complete and detailed

26  report setting forth:

27         (a)  The operations and accomplishments of the Florida

28  On-Line High School.

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

30  On-Line High School, including recommendations regarding

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    Florida Senate - 2000                           CS for SB 2260
    304-1903B-00




  1  methods for improving the delivery of education through the

  2  Internet and other distance learning technology.

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

  4  High School at the end of the fiscal year.

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

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

  7  School, conducted by an independent certified public

  8  accountant and performed in accordance with rules adopted by

  9  the Auditor General.

10         (e)  Recommendations regarding the unit cost of

11  providing services to students. In order to most effectively

12  develop public policy regarding any future funding of the

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

14  the program is accurately identified. The identified cost of

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

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

17  high school, including the costs associated with maintaining a

18  high-quality research and development effort to locate and

19  assimilate, or develop, Internet-based courses.

20         (f)  Recommendations regarding an accountability

21  mechanism to assess the effectiveness of the services provided

22  by the Florida On-Line High School.

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

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

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

26  High School.

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

28  law.

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    Florida Senate - 2000                           CS for SB 2260
    304-1903B-00




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 2260

  3

  4  The committee substitute creates the Florida On-Line High
    School to be governed by a seven member board of trustees to
  5  be appointed by the Governor.

  6  The board of trustees is delegated specific powers and duties
    including the authority to hire personnel.  It shall be a body
  7  corporate with the power and such authority as needed for
    proper operation and improvement of the school.
  8
    The Commissioner of Education shall include the school as a
  9  grant-in-aid appropriation in the department's legislative
    budget request to the State Board of Education, the
10  Governor,and the Legislature.

11  The General Appropriations Act will identify priorities for
    the delivery of services by the school and ensure that
12  priority access is provided equitably across the state.

13  Orange County School Board is identified as the temporary
    fiscal agent for the school.
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    The committee subsitute identifies specific dates for reports
15  to be submitted.

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