Senate Bill sb2190

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    Florida Senate - 2005                                  SB 2190

    By Senator Wise





    5-860A-05                                           See HB 533

  1                      A bill to be entitled

  2         An act relating to the Florida Virtual School;

  3         amending ss. 11.45, 1000.04, 1001.42, 1002.20,

  4         1002.23, 1002.37, 1003.02, 1003.03, 1003.52,

  5         1007.27, and 1011.61, F.S.; providing for

  6         application of provisions relating to the

  7         Florida Virtual School to approved school

  8         district franchises of the school; providing an

  9         effective date.

10  

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

12  

13         Section 1.  Paragraph (x) of subsection (3) of section

14  11.45, Florida Statutes, is amended to read:

15         11.45  Definitions; duties; authorities; reports;

16  rules.--

17         (3)  AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.--The

18  Auditor General may, pursuant to his or her own authority, or

19  at the direction of the Legislative Auditing Committee,

20  conduct audits or other engagements as determined appropriate

21  by the Auditor General of:

22         (x)  The Florida Virtual School and its approved school

23  district franchises pursuant to s. 1002.37.

24         Section 2.  Subsection (4) of section 1000.04, Florida

25  Statutes, is amended to read:

26         1000.04  Components for the delivery of public

27  education within the Florida K-20 education system.--Florida's

28  K-20 education system provides for the delivery of public

29  education through publicly supported and controlled K-12

30  schools, community colleges, state universities and other

31  postsecondary educational institutions, other educational

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    Florida Senate - 2005                                  SB 2190
    5-860A-05                                           See HB 533




 1  institutions, and other educational services as provided or

 2  authorized by the Constitution and laws of the state.

 3         (4)  THE FLORIDA VIRTUAL SCHOOL.--The Florida Virtual

 4  School and its approved school district franchises are

 5  components is a component of the delivery of public education

 6  within Florida's K-20 education system.

 7         Section 3.  Paragraph (a) of subsection (15) and

 8  subsection (21) of section 1001.42, Florida Statutes, are

 9  amended to read:

10         1001.42  Powers and duties of district school

11  board.--The district school board, acting as a board, shall

12  exercise all powers and perform all duties listed below:

13         (15)  PUBLIC INFORMATION AND PARENTAL INVOLVEMENT

14  PROGRAM.--

15         (a)  Adopt procedures whereby the general public can be

16  adequately informed of the educational programs, needs, and

17  objectives of public education within the district, including

18  educational opportunities available through the Florida

19  Virtual School and its approved school district franchises.

20         (21)  FLORIDA VIRTUAL SCHOOL.--Provide students with

21  access to enroll in courses available through the Florida

22  Virtual School and its approved school district franchises and

23  award credit for successful completion of such courses. Access

24  shall be available to students during or after the normal

25  school day and through summer school enrollment.

26         Section 4.  Paragraph (a) of subsection (6) of section

27  1002.20, Florida Statutes, is amended to read:

28         1002.20  K-12 student and parent rights.--Parents of

29  public school students must receive accurate and timely

30  information regarding their child's academic progress and must

31  be informed of ways they can help their child to succeed in

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    Florida Senate - 2005                                  SB 2190
    5-860A-05                                           See HB 533




 1  school. K-12 students and their parents are afforded numerous

 2  statutory rights including, but not limited to, the following:

 3         (6)  EDUCATIONAL CHOICE.--

 4         (a)  Public school choices.--Parents of public school

 5  students may seek whatever public school choice options that

 6  are applicable to their students and are available to students

 7  in their school districts. These options may include

 8  controlled open enrollment, lab schools, charter schools,

 9  charter technical career centers, magnet schools, alternative

10  schools, special programs, advanced placement, dual

11  enrollment, International Baccalaureate, early admissions,

12  credit by examination or demonstration of competency, the New

13  World School of the Arts, the Florida School for the Deaf and

14  the Blind, and the Florida Virtual School and its approved

15  school district franchises. These options may also include the

16  public school choice options of the Opportunity Scholarship

17  Program and the McKay Scholarships for Students with

18  Disabilities Program.

19         Section 5.  Paragraph (d) of subsection (2) of section

20  1002.23, Florida Statutes, is amended to read:

21         1002.23  Family and School Partnership for Student

22  Achievement Act.--

23         (2)  To facilitate meaningful parent and family

24  involvement, the Department of Education shall develop

25  guidelines for a parent guide to successful student

26  achievement which describes what parents need to know about

27  their child's educational progress and how they can help their

28  child to succeed in school. The guidelines shall include, but

29  need not be limited to:

30         (d)  Opportunities for parents to learn about rigorous

31  academic programs that may be available for their child, such

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    Florida Senate - 2005                                  SB 2190
    5-860A-05                                           See HB 533




 1  as honors programs, dual enrollment, advanced placement,

 2  International Baccalaureate, Florida Virtual High School

 3  courses and courses of its approved school district

 4  franchises, and accelerated access to postsecondary education;

 5         Section 6.  Subsection (4) of section 1002.37, Florida

 6  Statutes, is amended to read:

 7         1002.37  The Florida Virtual School.--

 8         (4)  School districts operating a virtual school that

 9  is an approved franchise of the Florida Virtual School may

10  count full-time equivalent students, as provided in paragraphs

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

12  an approved franchise by the Commissioner of Education based

13  on criteria established by the board of trustees pursuant to

14  paragraph (2)(i).

15         Section 7.  Paragraph (i) of subsection (1) of section

16  1003.02, Florida Statutes, is amended to read:

17         1003.02  District school board operation and control of

18  public K-12 education within the school district.--As provided

19  in part II of chapter 1001, district school boards are

20  constitutionally and statutorily charged with the operation

21  and control of public K-12 education within their school

22  district. The district school boards must establish, organize,

23  and operate their public K-12 schools and educational

24  programs, employees, and facilities. Their responsibilities

25  include staff development, public K-12 school student

26  education including education for exceptional students and

27  students in juvenile justice programs, special programs, adult

28  education programs, and career education programs.

29  Additionally, district school boards must:

30         (1)  Provide for the proper accounting for all students

31  of school age, for the attendance and control of students at

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    Florida Senate - 2005                                  SB 2190
    5-860A-05                                           See HB 533




 1  school, and for proper attention to health, safety, and other

 2  matters relating to the welfare of students in the following

 3  fields:

 4         (i)  Parental notification of acceleration

 5  mechanisms.--At the beginning of each school year, notify

 6  parents of students in or entering high school of the

 7  opportunity and benefits of advanced placement, International

 8  Baccalaureate, Advanced International Certificate of

 9  Education, dual enrollment, and Florida Virtual School courses

10  and courses of its approved school district franchises.

11         Section 8.  Paragraph (b) of subsection (3) of section

12  1003.03, Florida Statutes, is amended to read:

13         1003.03  Maximum class size.--

14         (3)  IMPLEMENTATION OPTIONS.--District school boards

15  must consider, but are not limited to, implementing the

16  following items in order to meet the constitutional class size

17  maximums described in subsection (1) and the

18  two-student-per-year reduction required in subsection (2):

19         (b)  Adopt policies to encourage students to take

20  courses from the Florida Virtual School or its approved school

21  district franchises.

22         Section 9.  Subsection (4) of section 1003.52, Florida

23  Statutes, is amended to read:

24         1003.52  Educational services in Department of Juvenile

25  Justice programs.--

26         (4)  Educational services shall be provided at times of

27  the day most appropriate for the juvenile justice program.

28  School programming in juvenile justice detention, commitment,

29  and rehabilitation programs shall be made available by the

30  local school district during the juvenile justice school year,

31  as defined in s. 1003.01(11). In addition, students in

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    Florida Senate - 2005                                  SB 2190
    5-860A-05                                           See HB 533




 1  juvenile justice education programs shall have access to

 2  Florida Virtual School courses and courses of its approved

 3  school district franchises. The Department of Education and

 4  the school districts shall adopt policies necessary to ensure

 5  such access.

 6         Section 10.  Subsection (1) of section 1007.27, Florida

 7  Statutes, is amended to read:

 8         1007.27  Articulated acceleration mechanisms.--

 9         (1)  It is the intent of the Legislature that a variety

10  of articulated acceleration mechanisms be available for

11  secondary and postsecondary students attending public

12  educational institutions. It is intended that articulated

13  acceleration serve to shorten the time necessary for a student

14  to complete the requirements associated with the conference of

15  a high school diploma and a postsecondary degree, broaden the

16  scope of curricular options available to students, or increase

17  the depth of study available for a particular subject.

18  Articulated acceleration mechanisms shall include, but not be

19  limited to, dual enrollment as provided for in s. 1007.271,

20  early admission, advanced placement, credit by examination,

21  the International Baccalaureate Program, and the Advanced

22  International Certificate of Education Program. Credit earned

23  through the Florida Virtual School and its approved school

24  district franchises shall provide additional opportunities for

25  early graduation and acceleration.

26         Section 11.  Paragraph (c) of subsection (1) of section

27  1011.61, Florida Statutes, is amended to read:

28         1011.61  Definitions.--Notwithstanding the provisions

29  of s. 1000.21, the following terms are defined as follows for

30  the purposes of the Florida Education Finance Program:

31  

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    Florida Senate - 2005                                  SB 2190
    5-860A-05                                           See HB 533




 1         (1)  A "full-time equivalent student" in each program

 2  of the district is defined in terms of full-time students and

 3  part-time students as follows:

 4         (c)1.  A "full-time equivalent student" is:

 5         a.  A full-time student in any one of the programs

 6  listed in s. 1011.62(1)(c); or

 7         b.  A combination of full-time or part-time students in

 8  any one of the programs listed in s. 1011.62(1)(c) which is

 9  the equivalent of one full-time student based on the following

10  calculations:

11         (I)  A full-time student, except a postsecondary or

12  adult student or a senior high school student enrolled in

13  adult education when such courses are required for high school

14  graduation, in a combination of programs listed in s.

15  1011.62(1)(c) shall be a fraction of a full-time equivalent

16  membership in each special program equal to the number of net

17  hours per school year for which he or she is a member, divided

18  by the appropriate number of hours set forth in subparagraph

19  (a)1. or subparagraph (a)2. The difference between that

20  fraction or sum of fractions and the maximum value as set

21  forth in subsection (4) for each full-time student is presumed

22  to be the balance of the student's time not spent in such

23  special education programs and shall be recorded as time in

24  the appropriate basic program.

25         (II)  A prekindergarten handicapped student shall meet

26  the requirements specified for kindergarten students.

27         (III)  A Florida Virtual School full-time equivalent

28  student shall consist of six full credit completions in the

29  programs listed in s. 1011.62(1)(c)1. and 4. Credit

30  completions can be a combination of either full credits or

31  half credits.

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    Florida Senate - 2005                                  SB 2190
    5-860A-05                                           See HB 533




 1         2.  A student in membership in a program scheduled for

 2  more or less than 180 school days is a fraction of a full-time

 3  equivalent membership equal to the number of instructional

 4  hours in membership divided by the appropriate number of hours

 5  set forth in subparagraph (a)1.; however, for the purposes of

 6  this subparagraph, membership in programs scheduled for more

 7  than 180 days is limited to students enrolled in juvenile

 8  justice education programs and the Florida Virtual School and

 9  its approved school district franchises.

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11  The department shall determine and implement an equitable

12  method of equivalent funding for experimental schools and for

13  schools operating under emergency conditions, which schools

14  have been approved by the department to operate for less than

15  the minimum school day.

16         Section 12.  This act shall take effect July 1, 2005.

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