Senate Bill sb2190c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                           CS for SB 2190

    By the Committee on Education; and Senators Wise, Dawson,
    Posey and Dockery




    581-2290-05

  1                      A bill to be entitled

  2         An act relating to education; amending ss.

  3         11.45, 1000.04, 1001.42, 1002.20, 1002.23,

  4         1002.37, 1003.02, 1003.03, 1003.52, 1007.27,

  5         and 1011.61, F.S.; providing for application of

  6         provisions relating to the Florida Virtual

  7         School to approved school district franchises

  8         of the school; requiring district school boards

  9         to adopt procedures for notifying parents and

10         students when the student has met certain

11         graduation requirements; providing an effective

12         date.

13  

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

15  

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

17  11.45, Florida Statutes, is amended to read:

18         11.45  Definitions; duties; authorities; reports;

19  rules.--

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

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

22  at the direction of the Legislative Auditing Committee,

23  conduct audits or other engagements as determined appropriate

24  by the Auditor General of:

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

26  district franchises pursuant to s. 1002.37.

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

28  Statutes, is amended to read:

29         1000.04  Components for the delivery of public

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

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

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 2190
    581-2290-05




 1  education through publicly supported and controlled K-12

 2  schools, community colleges, state universities and other

 3  postsecondary educational institutions, other educational

 4  institutions, and other educational services as provided or

 5  authorized by the Constitution and laws of the state.

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

 7  School and its approved school district franchises are

 8  components is a component of the delivery of public education

 9  within Florida's K-20 education system.

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

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

12  amended, present paragraphs (b) through (e) of subsection (15)

13  of that section are redesignated paragraphs (c) through (f),

14  respectively, and a new paragraph (b) is added to that

15  subsection, to read:

16         1001.42  Powers and duties of district school

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

18  exercise all powers and perform all duties listed below:

19         (15)  PUBLIC INFORMATION AND PARENTAL INVOLVEMENT

20  PROGRAM.--

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

22  adequately informed of the educational programs, needs, and

23  objectives of public education within the district, including

24  educational opportunities available through the Florida

25  Virtual School and its approved school district franchises.

26         (b)  Adopt procedures to notify parents and students in

27  writing when the student has met the required credits for high

28  school graduation provided in s. 1003.43 and, in such

29  notification, inform the parent that the student may depart

30  the district school system if the parent so chooses.

31  

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 2190
    581-2290-05




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

 2  access to enroll in courses available through the Florida

 3  Virtual School and its approved school district franchises and

 4  award credit for successful completion of such courses. Access

 5  shall be available to students during or after the normal

 6  school day and through summer school enrollment.

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

 8  1002.20, Florida Statutes, is amended to read:

 9         1002.20  K-12 student and parent rights.--Parents of

10  public school students must receive accurate and timely

11  information regarding their child's academic progress and must

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

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

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

15         (6)  EDUCATIONAL CHOICE.--

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

17  students may seek whatever public school choice options that

18  are applicable to their students and are available to students

19  in their school districts. These options may include

20  controlled open enrollment, lab schools, charter schools,

21  charter technical career centers, magnet schools, alternative

22  schools, special programs, advanced placement, dual

23  enrollment, International Baccalaureate, early admissions,

24  credit by examination or demonstration of competency, the New

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

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

27  school district franchises. These options may also include the

28  public school choice options of the Opportunity Scholarship

29  Program and the McKay Scholarships for Students with

30  Disabilities Program.

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 2190
    581-2290-05




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

 2  1002.23, Florida Statutes, is amended to read:

 3         1002.23  Family and School Partnership for Student

 4  Achievement Act.--

 5         (2)  To facilitate meaningful parent and family

 6  involvement, the Department of Education shall develop

 7  guidelines for a parent guide to successful student

 8  achievement which describes what parents need to know about

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

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

11  need not be limited to:

12         (d)  Opportunities for parents to learn about rigorous

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

14  as honors programs, dual enrollment, advanced placement,

15  International Baccalaureate, Florida Virtual High School

16  courses and courses of its approved school district

17  franchises, and accelerated access to postsecondary education;

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

19  Statutes, is amended to read:

20         1002.37  The Florida Virtual School.--

21         (4)  School districts operating a virtual school that

22  is an approved franchise of the Florida Virtual School may

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

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

25  an approved franchise by the Commissioner of Education based

26  on criteria established by the board of trustees pursuant to

27  paragraph (2)(i). However, for courses taken in excess of a

28  25-hour week, approved school district franchises may not

29  count full-time equivalent students in excess of 2 percent of

30  their own district high school 180-day FTE enrollment for the

31  current year.

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 2190
    581-2290-05




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

 2  1003.02, Florida Statutes, is amended to read:

 3         1003.02  District school board operation and control of

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

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

 6  constitutionally and statutorily charged with the operation

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

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

 9  and operate their public K-12 schools and educational

10  programs, employees, and facilities. Their responsibilities

11  include staff development, public K-12 school student

12  education including education for exceptional students and

13  students in juvenile justice programs, special programs, adult

14  education programs, and career education programs.

15  Additionally, district school boards must:

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

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

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

19  matters relating to the welfare of students in the following

20  fields:

21         (i)  Parental notification of acceleration

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

23  parents of students in or entering high school of the

24  opportunity and benefits of advanced placement, International

25  Baccalaureate, Advanced International Certificate of

26  Education, dual enrollment, and Florida Virtual School courses

27  and courses of its approved school district franchises.

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

29  1003.03, Florida Statutes, is amended to read:

30         1003.03  Maximum class size.--

31  

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 2190
    581-2290-05




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

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

 3  following items in order to meet the constitutional class size

 4  maximums described in subsection (1) and the

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

 6         (b)  Adopt policies to encourage students to take

 7  courses from the Florida Virtual School or its approved school

 8  district franchises.

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

10  Statutes, is amended to read:

11         1003.52  Educational services in Department of Juvenile

12  Justice programs.--

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

14  the day most appropriate for the juvenile justice program.

15  School programming in juvenile justice detention, commitment,

16  and rehabilitation programs shall be made available by the

17  local school district during the juvenile justice school year,

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

19  juvenile justice education programs shall have access to

20  Florida Virtual School courses and courses of its approved

21  school district franchises. The Department of Education and

22  the school districts shall adopt policies necessary to ensure

23  such access.

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

25  Statutes, is amended to read:

26         1007.27  Articulated acceleration mechanisms.--

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

28  of articulated acceleration mechanisms be available for

29  secondary and postsecondary students attending public

30  educational institutions. It is intended that articulated

31  acceleration serve to shorten the time necessary for a student

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 2190
    581-2290-05




 1  to complete the requirements associated with the conference of

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

 3  scope of curricular options available to students, or increase

 4  the depth of study available for a particular subject.

 5  Articulated acceleration mechanisms shall include, but not be

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

 7  early admission, advanced placement, credit by examination,

 8  the International Baccalaureate Program, and the Advanced

 9  International Certificate of Education Program. Credit earned

10  through the Florida Virtual School and its approved school

11  district franchises shall provide additional opportunities for

12  early graduation and acceleration.

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

14  1011.61, Florida Statutes, is amended to read:

15         1011.61  Definitions.--Notwithstanding the provisions

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

17  the purposes of the Florida Education Finance Program:

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

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

20  part-time students as follows:

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

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

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

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

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

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

27  calculations:

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

29  adult student or a senior high school student enrolled in

30  adult education when such courses are required for high school

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

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 2190
    581-2290-05




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

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

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

 4  by the appropriate number of hours set forth in subparagraph

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

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

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

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

 9  special education programs and shall be recorded as time in

10  the appropriate basic program.

11         (II)  A prekindergarten handicapped student shall meet

12  the requirements specified for kindergarten students.

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

14  student shall consist of six full credit completions in the

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

16  completions can be a combination of either full credits or

17  half credits.

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

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

20  equivalent membership equal to the number of instructional

21  hours in membership divided by the appropriate number of hours

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

23  this subparagraph, membership in programs scheduled for more

24  than 180 days is limited to students enrolled in juvenile

25  justice education programs and the Florida Virtual School and

26  its approved school district franchises.

27  

28  The department shall determine and implement an equitable

29  method of equivalent funding for experimental schools and for

30  schools operating under emergency conditions, which schools

31  

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                           CS for SB 2190
    581-2290-05




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

 2  the minimum school day.

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

 4  

 5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 6                         Senate Bill 2190

 7                                 

 8  The Committee Substitute:

 9  Requires school districts to adopt procedures to notify
    parents and students in writing once the student has met
10  credits required for high school graduation; and

11  Limits courses taken through the Florida Virtual School
    franchises in excess of a 25-hour week to no more than 2
12  percent of the district's high school 180-day FTE enrollment.

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  9

CODING: Words stricken are deletions; words underlined are additions.