Senate Bill sb1458

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    Florida Senate - 2004                                  SB 1458

    By Senator Wasserman Schultz





    34-1120-04

  1                      A bill to be entitled

  2         An act relating to the Florida Virtual School;

  3         amending s. 1002.37, F.S., relating to the

  4         Florida Virtual School; authorizing the board

  5         of trustees of the Florida Virtual School to

  6         enter into franchise agreements with

  7         Florida-based virtual schools that are

  8         accredited by the Southern Association of

  9         Colleges and Schools; requiring the board of

10         trustees to establish the terms and conditions

11         governing franchise agreements if the board

12         enters into franchise agreements with a Florida

13         district school board or an accredited

14         Florida-based virtual school; establishing

15         requirements for the board of trustees for

16         establishing performance and accountability

17         measures and reporting the performance of

18         franchises to the Commissioner of Education;

19         authorizing certain accredited and approved

20         Florida-based virtual schools to count

21         full-time equivalent students; prohibiting

22         accredited and approved Florida-based virtual

23         schools from charging parents of a student a

24         fee if the student received services and was

25         counted as a full-time student by the

26         Florida-based virtual school; providing an

27         effective date.

28  

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

30  

31  

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    Florida Senate - 2004                                  SB 1458
    34-1120-04




 1         Section 1.  Subsections (2) and (4) of section 1002.37,

 2  Florida Statutes, are amended to read:

 3         1002.37  The Florida Virtual School.--

 4         (2)  The Florida Virtual School shall be governed by a

 5  board of trustees comprised of seven members appointed by the

 6  Governor to 4-year staggered terms. The board of trustees

 7  shall be a public agency entitled to sovereign immunity

 8  pursuant to s. 768.28, and board members shall be public

 9  officers who shall bear fiduciary responsibility for the

10  Florida Virtual School. The board of trustees shall have the

11  following powers and duties:

12         (a)1.  The board of trustees shall meet at least 4

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

14  of a majority of the membership.

15         2.  The fiscal year for the Florida Virtual School

16  shall be the state fiscal year as provided in s.

17  216.011(1)(o).

18         (b)  The board of trustees shall be responsible for the

19  Florida Virtual School's development of a state-of-the-art

20  technology-based education delivery system that is

21  cost-effective, educationally sound, marketable, and capable

22  of sustaining a self-sufficient delivery system through the

23  Florida Education Finance Program.

24         (c)  The board of trustees shall aggressively seek

25  avenues to generate revenue to support its future endeavors,

26  and shall enter into agreements with distance learning

27  providers. The board of trustees may acquire, enjoy, use, and

28  dispose of patents, copyrights, and trademarks and any

29  licenses and other rights or interests thereunder or therein.

30  Ownership of all such patents, copyrights, trademarks,

31  licenses, and rights or interests thereunder or therein shall

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    Florida Senate - 2004                                  SB 1458
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 1  vest in the state, with the board of trustees having full

 2  right of use and full right to retain the revenues derived

 3  therefrom. Any funds realized from patents, copyrights,

 4  trademarks, or licenses shall be considered internal funds as

 5  provided in s. 1011.07. Such funds shall be used to support

 6  the school's marketing and research and development activities

 7  in order to improve courseware and services to its students.

 8         (d)  The board of trustees shall be responsible for the

 9  administration and control of all local school funds derived

10  from all activities or sources and shall prescribe the

11  principles and procedures to be followed in administering

12  these funds.

13         (e)  The Florida Virtual School may accrue supplemental

14  revenue from supplemental support organizations, which

15  include, but are not limited to, alumni associations,

16  foundations, parent-teacher associations, and booster

17  associations. The governing body of each supplemental support

18  organization shall recommend the expenditure of moneys

19  collected by the organization for the benefit of the school.

20  Such expenditures shall be contingent upon the review of the

21  executive director. The executive director may override any

22  proposed expenditure of the organization that would violate

23  Florida law or breach sound educational management.

24         (f)  In accordance with law and rules of the State

25  Board of Education, the board of trustees shall administer and

26  maintain personnel programs for all employees of the board of

27  trustees and the Florida Virtual School. The board of trustees

28  may adopt rules, policies, and procedures related to the

29  appointment, employment, and removal of personnel.

30  

31  

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    Florida Senate - 2004                                  SB 1458
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 1         1.  The board of trustees shall determine the

 2  compensation, including salaries and fringe benefits, and

 3  other conditions of employment for such personnel.

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

 5  personnel loan or exchange program by which persons employed

 6  by the board of trustees for the Florida Virtual School as

 7  academic administrative and instructional staff may be loaned

 8  to, or exchanged with persons employed in like capacities by,

 9  public agencies either within or without this state, or by

10  private industry. With respect to public agency employees, the

11  program authorized by this subparagraph shall be consistent

12  with the requirements of part II of chapter 112. The salary

13  and benefits of board of trustees personnel participating in

14  the loan or exchange program shall be continued during the

15  period of time they participate in a loan or exchange program,

16  and such personnel shall be deemed to have no break in

17  creditable or continuous service or employment during such

18  time. The salary and benefits of persons participating in the

19  personnel loan or exchange program who are employed by public

20  agencies or private industry shall be paid by the originating

21  employers of those participants, and such personnel shall be

22  deemed to have no break in creditable or continuous service or

23  employment during such time.

24         3.  The employment of all Florida Virtual School

25  academic administrative and instructional personnel shall be

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

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

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

29  remuneration, and such other conditions of employment as the

30  board of trustees deems necessary and proper, not inconsistent

31  with law.

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    Florida Senate - 2004                                  SB 1458
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 1         4.  Each person employed by the board of trustees in an

 2  academic administrative or instructional capacity with the

 3  Florida Virtual School shall be entitled to a contract as

 4  provided by rules of the board of trustees.

 5         5.  All employees except temporary, seasonal, and

 6  student employees may be state employees for the purpose of

 7  being eligible to participate in the Florida Retirement System

 8  and receive benefits. The classification and pay plan,

 9  including terminal leave and other benefits, and any

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

11  the Department of Management Services and the Executive Office

12  of the Governor prior to adoption.

13         (g)  The board of trustees shall establish priorities

14  for admission of students in accordance with paragraph (1)(b).

15         (h)  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 in courses offered

18  by the Florida Virtual School.

19         (i)  The board of trustees shall establish criteria

20  defining the elements of an approved franchise. The board of

21  trustees may enter into franchise agreements with Florida

22  district school boards and Florida-based virtual schools that

23  are accredited by the Southern Association of Colleges and

24  Schools. If the board of trustees enters into a franchise

25  agreement with a Florida district school board or a

26  Florida-based virtual school that is accredited by the

27  Southern Association of College and Schools, the board of

28  trustees shall may establish the terms and conditions

29  governing such agreement agreements. The board of trustees

30  shall establish the performance and accountability measures

31  and report the performance of each school district franchise

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    Florida Senate - 2004                                  SB 1458
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 1  and each franchise with a Florida-based virtual school that is

 2  accredited by the Southern Association of Colleges and Schools

 3  to the Commissioner of Education.

 4         (j)  The board of trustees shall submit to the State

 5  Board of Education both forecasted and actual enrollments and

 6  credit completions for the Florida Virtual School, according

 7  to procedures established by the State Board of Education. At

 8  a minimum, such procedures must include the number of public,

 9  private, and home education students served by program and by

10  county of residence.

11         (k)  The board of trustees shall provide for the

12  content and custody of student and employee personnel records.

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

14  1002.22. Employee records shall be subject to the provisions

15  of s. 1012.31.

16         (l)  The financial records and accounts of the Florida

17  Virtual School shall be maintained under the direction of the

18  board of trustees and under rules adopted by the State Board

19  of Education for the uniform system of financial records and

20  accounts for the schools of the state.

21  

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

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

24  trustees shall serve without compensation, but may be

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

26  112.061. The board of trustees shall be a body corporate with

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

28  needed for the proper operation and improvement of the Florida

29  Virtual School. The board of trustees is specifically

30  authorized to adopt rules, policies, and procedures,

31  consistent with law and rules of the State Board of Education

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    Florida Senate - 2004                                  SB 1458
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 1  related to governance, personnel, budget and finance,

 2  administration, programs, curriculum and instruction, travel

 3  and purchasing, technology, students, contracts and grants,

 4  and property as necessary for optimal, efficient operation of

 5  the Florida Virtual School. Tangible personal property owned

 6  by the board of trustees shall be subject to the provisions of

 7  chapter 273.

 8         (4)  The following School districts operating a virtual

 9  school that is an approved franchise of the Florida Virtual

10  School may count full-time equivalent students, as provided in

11  paragraph (3)(a), if such school has been certified as an

12  approved franchise by the Commissioner of Education based on

13  criteria established by the board of trustees pursuant to

14  paragraph (2)(i):.

15         (a)  A school district operating a virtual school that

16  is an approved franchise of the Florida Virtual School; or

17         (b)  A Florida-based virtual school that is accredited

18  by the Southern Association of Colleges and Schools and that

19  is an approved franchise of the Florida Virtual School.

20  

21  However, a Florida-based virtual school that is accredited by

22  the Southern Association of Colleges and Schools and that is

23  an approved franchise of the Florida Virtual School may not

24  charge the parent of a student a fee for services provided by

25  the school if the student received services and was counted as

26  a full-time student by the Florida-based virtual school.

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

28  law.

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    Florida Senate - 2004                                  SB 1458
    34-1120-04




 1            *****************************************

 2                          SENATE SUMMARY

 3    Provides for the Florida Virtual School Board of Trustees
      to enter into franchise agreements with virtual schools
 4    based in this state which are accredited by the Southern
      Association of Colleges and Schools. Requires the board
 5    to establish performance and accountability measures for
      the franchises. Prohibits a virtual school from charging
 6    fees for students counted as full-time students by the
      school. (See bill for details.)
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