| 1 | The Education Appropriations Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to the virtual schools; amending ss. |
| 7 | 11.45, 1000.04, 1001.42, 1002.20, 1002.23, 1002.37, |
| 8 | 1003.02, 1003.03, 1003.52, 1007.27, and 1011.61, F.S.; |
| 9 | providing for application of provisions relating to the |
| 10 | Florida Virtual School to approved school district |
| 11 | franchises of the school; providing a limitation with |
| 12 | respect to funding; requiring district school boards to |
| 13 | consider offering students the option of attending schools |
| 14 | that are a party to a pilot K-8 virtual school contract |
| 15 | for purposes of reducing class size; providing minimum |
| 16 | contract terms; providing requirements for funding |
| 17 | purposes; providing an effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Paragraph (x) of subsection (3) of section |
| 22 | 11.45, Florida Statutes, is amended to read: |
| 23 | 11.45 Definitions; duties; authorities; reports; rules.-- |
| 24 | (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.--The |
| 25 | Auditor General may, pursuant to his or her own authority, or at |
| 26 | the direction of the Legislative Auditing Committee, conduct |
| 27 | audits or other engagements as determined appropriate by the |
| 28 | Auditor General of: |
| 29 | (x) The Florida Virtual School and its approved school |
| 30 | district franchises pursuant to s. 1002.37. |
| 31 | Section 2. Subsection (4) of section 1000.04, Florida |
| 32 | Statutes, is amended to read: |
| 33 | 1000.04 Components for the delivery of public education |
| 34 | within the Florida K-20 education system.--Florida's K-20 |
| 35 | education system provides for the delivery of public education |
| 36 | through publicly supported and controlled K-12 schools, |
| 37 | community colleges, state universities and other postsecondary |
| 38 | educational institutions, other educational institutions, and |
| 39 | other educational services as provided or authorized by the |
| 40 | Constitution and laws of the state. |
| 41 | (4) THE FLORIDA VIRTUAL SCHOOL.--The Florida Virtual |
| 42 | School and its approved school district franchises are |
| 43 | components is a component of the delivery of public education |
| 44 | within Florida's K-20 education system. |
| 45 | Section 3. Paragraph (a) of subsection (15) and subsection |
| 46 | (21) of section 1001.42, Florida Statutes, are amended to read: |
| 47 | 1001.42 Powers and duties of district school board.--The |
| 48 | district school board, acting as a board, shall exercise all |
| 49 | powers and perform all duties listed below: |
| 50 | (15) PUBLIC INFORMATION AND PARENTAL INVOLVEMENT |
| 51 | PROGRAM.-- |
| 52 | (a) Adopt procedures whereby the general public can be |
| 53 | adequately informed of the educational programs, needs, and |
| 54 | objectives of public education within the district, including |
| 55 | educational opportunities available through the Florida Virtual |
| 56 | School and its approved school district franchises. |
| 57 | (21) FLORIDA VIRTUAL SCHOOL.--Provide students with access |
| 58 | to enroll in courses available through the Florida Virtual |
| 59 | School and its approved school district franchises and award |
| 60 | credit for successful completion of such courses. Access shall |
| 61 | be available to students during or after the normal school day |
| 62 | and through summer school enrollment. |
| 63 | Section 4. Paragraph (a) of subsection (6) of section |
| 64 | 1002.20, Florida Statutes, is amended to read: |
| 65 | 1002.20 K-12 student and parent rights.--Parents of public |
| 66 | school students must receive accurate and timely information |
| 67 | regarding their child's academic progress and must be informed |
| 68 | of ways they can help their child to succeed in school. K-12 |
| 69 | students and their parents are afforded numerous statutory |
| 70 | rights including, but not limited to, the following: |
| 71 | (6) EDUCATIONAL CHOICE.-- |
| 72 | (a) Public school choices.--Parents of public school |
| 73 | students may seek whatever public school choice options that are |
| 74 | applicable to their students and are available to students in |
| 75 | their school districts. These options may include controlled |
| 76 | open enrollment, lab schools, charter schools, charter technical |
| 77 | career centers, magnet schools, alternative schools, special |
| 78 | programs, advanced placement, dual enrollment, International |
| 79 | Baccalaureate, early admissions, credit by examination or |
| 80 | demonstration of competency, the New World School of the Arts, |
| 81 | the Florida School for the Deaf and the Blind, and the Florida |
| 82 | Virtual School and its approved school district franchises. |
| 83 | These options may also include the public school choice options |
| 84 | of the Opportunity Scholarship Program and the McKay |
| 85 | Scholarships for Students with Disabilities Program. |
| 86 | Section 5. Paragraph (d) of subsection (2) of section |
| 87 | 1002.23, Florida Statutes, is amended to read: |
| 88 | 1002.23 Family and School Partnership for Student |
| 89 | Achievement Act.-- |
| 90 | (2) To facilitate meaningful parent and family |
| 91 | involvement, the Department of Education shall develop |
| 92 | guidelines for a parent guide to successful student achievement |
| 93 | which describes what parents need to know about their child's |
| 94 | educational progress and how they can help their child to |
| 95 | succeed in school. The guidelines shall include, but need not be |
| 96 | limited to: |
| 97 | (d) Opportunities for parents to learn about rigorous |
| 98 | academic programs that may be available for their child, such as |
| 99 | honors programs, dual enrollment, advanced placement, |
| 100 | International Baccalaureate, Florida Virtual High School courses |
| 101 | and courses of its approved school district franchises, and |
| 102 | accelerated access to postsecondary education; |
| 103 | Section 6. Subsection (4) of section 1002.37, Florida |
| 104 | Statutes, is amended to read: |
| 105 | 1002.37 The Florida Virtual School.-- |
| 106 | (4) School districts operating a virtual school that is an |
| 107 | approved franchise of the Florida Virtual School may count full- |
| 108 | time equivalent students, as provided in paragraphs paragraph |
| 109 | (3)(a) and (b), if such school has been certified as an approved |
| 110 | franchise by the Commissioner of Education based on criteria |
| 111 | established by the board of trustees pursuant to paragraph |
| 112 | (2)(i). However, for courses taken in excess of a 25-hour week, |
| 113 | approved school district franchises may not count full-time |
| 114 | equivalent students in excess of 2 percent of their own school |
| 115 | district high school 180-day FTE student enrollment for the |
| 116 | current year. |
| 117 | Section 7. Paragraph (i) of subsection (1) of section |
| 118 | 1003.02, Florida Statutes, is amended to read: |
| 119 | 1003.02 District school board operation and control of |
| 120 | public K-12 education within the school district.--As provided |
| 121 | in part II of chapter 1001, district school boards are |
| 122 | constitutionally and statutorily charged with the operation and |
| 123 | control of public K-12 education within their school district. |
| 124 | The district school boards must establish, organize, and operate |
| 125 | their public K-12 schools and educational programs, employees, |
| 126 | and facilities. Their responsibilities include staff |
| 127 | development, public K-12 school student education including |
| 128 | education for exceptional students and students in juvenile |
| 129 | justice programs, special programs, adult education programs, |
| 130 | and career education programs. Additionally, district school |
| 131 | boards must: |
| 132 | (1) Provide for the proper accounting for all students of |
| 133 | school age, for the attendance and control of students at |
| 134 | school, and for proper attention to health, safety, and other |
| 135 | matters relating to the welfare of students in the following |
| 136 | fields: |
| 137 | (i) Parental notification of acceleration mechanisms.--At |
| 138 | the beginning of each school year, notify parents of students in |
| 139 | or entering high school of the opportunity and benefits of |
| 140 | advanced placement, International Baccalaureate, Advanced |
| 141 | International Certificate of Education, dual enrollment, and |
| 142 | Florida Virtual School courses and courses of its approved |
| 143 | school district franchises. |
| 144 | Section 8. Paragraph (b) of subsection (3) of section |
| 145 | 1003.03, Florida Statutes, is amended, paragraph (l) is |
| 146 | redesignated as paragraph (m), and a new paragraph (l) is added |
| 147 | to said subsection, to read: |
| 148 | 1003.03 Maximum class size.-- |
| 149 | (3) IMPLEMENTATION OPTIONS.--District school boards must |
| 150 | consider, but are not limited to, implementing the following |
| 151 | items in order to meet the constitutional class size maximums |
| 152 | described in subsection (1) and the two-student-per-year |
| 153 | reduction required in subsection (2): |
| 154 | (b) Adopt policies to encourage students to take courses |
| 155 | from the Florida Virtual School or its approved school district |
| 156 | franchises. |
| 157 | (l) Subject to student eligibility criteria determined by |
| 158 | the school district, offer students the option of attending any |
| 159 | school that is a party to a pilot K-8 virtual school contract |
| 160 | with the Department of Education. A school district that offers |
| 161 | its students this educational option may enter into a separate |
| 162 | contract with any such school to provide for the education of |
| 163 | district students. Minimum contract terms shall include |
| 164 | requirements that the school conform all curriculum and course |
| 165 | content to the Sunshine State Standards; that the school |
| 166 | administer the FCAT or, for those students in grades that are |
| 167 | not required to take the FCAT, local assessments and administer |
| 168 | the K-3 state-approved assessment for reading adopted by the |
| 169 | "Just Read, Florida! Office"; and that the school employ online |
| 170 | teachers who are certified in the state. For funding purposes, |
| 171 | students availing themselves of this educational option shall be |
| 172 | treated as if they were full-time students at the public school |
| 173 | to which they would ordinarily be assigned. The per student |
| 174 | amount to be paid by the school district to the pilot K-8 |
| 175 | virtual school shall be subject to negotiation by the school |
| 176 | district and the school and shall be set forth in their |
| 177 | contract. The Legislature intends this educational option to be |
| 178 | in addition to, rather than a replacement for, any pilot K-8 |
| 179 | virtual school program of the Department of Education. |
| 180 | Section 9. Subsection (4) of section 1003.52, Florida |
| 181 | Statutes, is amended to read: |
| 182 | 1003.52 Educational services in Department of Juvenile |
| 183 | Justice programs.-- |
| 184 | (4) Educational services shall be provided at times of the |
| 185 | day most appropriate for the juvenile justice program. School |
| 186 | programming in juvenile justice detention, commitment, and |
| 187 | rehabilitation programs shall be made available by the local |
| 188 | school district during the juvenile justice school year, as |
| 189 | defined in s. 1003.01(11). In addition, students in juvenile |
| 190 | justice education programs shall have access to Florida Virtual |
| 191 | School courses and courses of its approved school district |
| 192 | franchises. The Department of Education and the school districts |
| 193 | shall adopt policies necessary to ensure such access. |
| 194 | Section 10. Subsection (1) of section 1007.27, Florida |
| 195 | Statutes, is amended to read: |
| 196 | 1007.27 Articulated acceleration mechanisms.-- |
| 197 | (1) It is the intent of the Legislature that a variety of |
| 198 | articulated acceleration mechanisms be available for secondary |
| 199 | and postsecondary students attending public educational |
| 200 | institutions. It is intended that articulated acceleration serve |
| 201 | to shorten the time necessary for a student to complete the |
| 202 | requirements associated with the conference of a high school |
| 203 | diploma and a postsecondary degree, broaden the scope of |
| 204 | curricular options available to students, or increase the depth |
| 205 | of study available for a particular subject. Articulated |
| 206 | acceleration mechanisms shall include, but not be limited to, |
| 207 | dual enrollment as provided for in s. 1007.271, early admission, |
| 208 | advanced placement, credit by examination, the International |
| 209 | Baccalaureate Program, and the Advanced International |
| 210 | Certificate of Education Program. Credit earned through the |
| 211 | Florida Virtual School and its approved school district |
| 212 | franchises shall provide additional opportunities for early |
| 213 | graduation and acceleration. |
| 214 | Section 11. Paragraph (c) of subsection (1) of section |
| 215 | 1011.61, Florida Statutes, is amended to read: |
| 216 | 1011.61 Definitions.--Notwithstanding the provisions of s. |
| 217 | 1000.21, the following terms are defined as follows for the |
| 218 | purposes of the Florida Education Finance Program: |
| 219 | (1) A "full-time equivalent student" in each program of |
| 220 | the district is defined in terms of full-time students and part- |
| 221 | time students as follows: |
| 222 | (c)1. A "full-time equivalent student" is: |
| 223 | a. A full-time student in any one of the programs listed |
| 224 | in s. 1011.62(1)(c); or |
| 225 | b. A combination of full-time or part-time students in any |
| 226 | one of the programs listed in s. 1011.62(1)(c) which is the |
| 227 | equivalent of one full-time student based on the following |
| 228 | calculations: |
| 229 | (I) A full-time student, except a postsecondary or adult |
| 230 | student or a senior high school student enrolled in adult |
| 231 | education when such courses are required for high school |
| 232 | graduation, in a combination of programs listed in s. |
| 233 | 1011.62(1)(c) shall be a fraction of a full-time equivalent |
| 234 | membership in each special program equal to the number of net |
| 235 | hours per school year for which he or she is a member, divided |
| 236 | by the appropriate number of hours set forth in subparagraph |
| 237 | (a)1. or subparagraph (a)2. The difference between that fraction |
| 238 | or sum of fractions and the maximum value as set forth in |
| 239 | subsection (4) for each full-time student is presumed to be the |
| 240 | balance of the student's time not spent in such special |
| 241 | education programs and shall be recorded as time in the |
| 242 | appropriate basic program. |
| 243 | (II) A prekindergarten handicapped student shall meet the |
| 244 | requirements specified for kindergarten students. |
| 245 | (III) A Florida Virtual School full-time equivalent |
| 246 | student shall consist of six full credit completions in the |
| 247 | programs listed in s. 1011.62(1)(c)1. and 4. Credit completions |
| 248 | can be a combination of either full credits or half credits. |
| 249 | 2. A student in membership in a program scheduled for more |
| 250 | or less than 180 school days is a fraction of a full-time |
| 251 | equivalent membership equal to the number of instructional hours |
| 252 | in membership divided by the appropriate number of hours set |
| 253 | forth in subparagraph (a)1.; however, for the purposes of this |
| 254 | subparagraph, membership in programs scheduled for more than 180 |
| 255 | days is limited to students enrolled in juvenile justice |
| 256 | education programs and the Florida Virtual School and its |
| 257 | approved school district franchises. |
| 258 |
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| 259 | The department shall determine and implement an equitable method |
| 260 | of equivalent funding for experimental schools and for schools |
| 261 | operating under emergency conditions, which schools have been |
| 262 | approved by the department to operate for less than the minimum |
| 263 | school day. |
| 264 | Section 12. This act shall take effect July 1, 2005. |