Senate Bill sb1282

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    Florida Senate - 2006                                  SB 1282

    By Senator Carlton





    23-932-06

  1                      A bill to be entitled

  2         An act relating to K-8 virtual schools;

  3         establishing the K-8 Virtual School Program

  4         within the Department of Education; providing

  5         requirements for schools to be eligible to

  6         participate in the program; authorizing

  7         participating schools to be for-profit or

  8         nonprofit entities; providing a procedure by

  9         which schools can apply to participate in the

10         program; requiring that the application and

11         approval process be available by a specified

12         time; requiring that instructional personnel

13         have Florida teaching certificates; requiring

14         participating school personnel to undergo

15         certain background screening required by law;

16         requiring education plans to conform to the

17         Sunshine State Standards; requiring school

18         applicants to provide a 3-year financial plan;

19         requiring the department to act on school

20         applications within 90 days; providing for

21         3-year contracts for approved schools;

22         authorizing contract renewals; designating

23         participating schools as independent schools;

24         requiring participating schools to provide each

25         student with the equipment, materials, and

26         services necessary to receive instruction;

27         authorizing the current virtual school pilot

28         programs to continue operation through the

29         2006-2007 school year; requiring pilot schools

30         to meet all application requirements in order

31         to operate beyond the 2006-2007 school year;

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    Florida Senate - 2006                                  SB 1282
    23-932-06




 1         providing eligibility requirements for

 2         students; requiring that enrolled students meet

 3         the requirements for compulsory attendance;

 4         requiring verification of student attendance;

 5         requiring enrolled students to participate in

 6         the state assessment program; requiring that

 7         funding for the program be established annually

 8         in the General Appropriations Act; providing a

 9         payment schedule to participating schools;

10         requiring schools to participate in the

11         statewide assessment program; requiring that

12         schools be subject to the school grading

13         system; requiring improvement plans for

14         low-performing schools; requiring contract

15         termination for continued low performance;

16         providing causes for nonrenewal or termination

17         of a school contract; requiring nonrenewed or

18         terminated schools to be responsible for debt;

19         authorizing students of a terminated school to

20         attend other public schools; requiring the

21         State Board of Education to adopt rules to

22         administer the program; providing an effective

23         date.

24  

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

26  

27         Section 1.  K-8 Virtual School Program.--Subject to

28  annual legislative appropriation, a kindergarten through grade

29  8 virtual school program is established within the Department

30  of Education for the purpose of making academic instruction

31  available to full-time students in kindergarten through grade

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    Florida Senate - 2006                                  SB 1282
    23-932-06




 1  8 using on-line and distance-learning technology. The

 2  department shall use an application process to select schools

 3  to deliver program instruction.

 4         (1)  SCHOOL ELIGIBILITY.--

 5         (a)  To be eligible to participate in the K-8 Virtual

 6  School Program a school must:

 7         1.  Be nonsectarian in its programs, admission

 8  policies, employment practices, and operations;

 9         2.  Comply with the antidiscrimination provisions of s.

10  1000.05, Florida Statutes;

11         3.  Participate in the state's school accountability

12  system created in s. 1008.31, Florida Statutes;

13         4.  Locate its administrative office in this state and

14  require its administrative and instructional staff members to

15  be state residents; and

16         5.  Require no tuition or student registration fee.

17         (b)  Schools applying to participate in the K-8 Virtual

18  School Program may be for-profit or nonprofit entities.

19         (2)  APPLICATION.--

20         (a)  The Department of Education shall provide an

21  application form to be completed by each school seeking to

22  participate in the K-8 Virtual School Program. Initial

23  application forms must be made available in sufficient time to

24  enable schools to apply and be approved to participate in the

25  K-8 Virtual School Program by the beginning of the 2007-2008

26  school year. In addition to information that may be required

27  by the department, applicants must provide verification that:

28         1.  The applicant meets the eligibility criteria

29  required by this section;

30  

31  

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    Florida Senate - 2006                                  SB 1282
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 1         2.  All members of the school's instructional staff are

 2  certified professional educators under the provisions of

 3  chapter 1012, Florida Statutes; and

 4         3.  All school employees have undergone background

 5  screening as required by s. 1012.32, Florida Statutes.

 6         (b)  In addition to a completed application form, each

 7  applicant must provide the department with:

 8         1.  A detailed plan describing how the school

 9  curriculum and course content will conform to the Sunshine

10  State Standards; and

11         2.  An annual financial plan for each year of operation

12  of the school for a minimum of 3 years. The plan must contain

13  anticipated fund balances based on revenue projections, a

14  spending plan based on projected revenues and expenses, and a

15  description of controls that will safeguard finances and

16  projected enrollment trends.

17         (c)  The department must approve or deny a school's

18  participation in the K-8 Virtual School Program within 90 days

19  after receipt of an application.

20         (3)  PARTICIPATING SCHOOLS.--

21         (a)  A school approved by the department to participate

22  in the K-8 Virtual School Program shall receive an initial

23  3-year contract with the department to provide program

24  services, subject to annual department review and legislative

25  appropriation. Contract renewals may be for up to 5 years upon

26  agreement of both parties, contingent upon annual funding in

27  the General Appropriations Act.

28         (b)  A school approved to participate in the program is

29  deemed to be an independent virtual school providing, on

30  behalf of the state, a program of instruction that is

31  

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    Florida Senate - 2006                                  SB 1282
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 1  full-time, of 180-days' duration, and an on-line program of

 2  instruction to students in kindergarten through grade 8.

 3         (c)  A school approved to participate in the program

 4  must provide each student enrolled in the virtual school with:

 5         1.  All necessary instructional materials;

 6         2.  All equipment, including, but not limited to, a

 7  computer, computer monitor, and printer for each household

 8  that has a student enrolled in the virtual school; and

 9         3.  Access to or reimbursement for all Internet

10  services necessary for on-line delivery of instruction for

11  each household that has a student enrolled in the virtual

12  school.

13         (4)  PILOT SCHOOLS.--

14         (a)  The two pilot K-8 virtual schools provided for in

15  the 2005 General Appropriations Act may continue operation for

16  the entire 2006-2007 school year.

17         (b)  With the exception of the application and

18  contracting requirements, the pilot schools are subject to the

19  provisions of this section for the 2006-2007 school year.

20         (c)  Each pilot school must complete the application

21  requirements of this section and be approved by the department

22  in order to participate in the K-8 Virtual School Program

23  beyond the 2006-2007 school year.

24         (5)  STUDENT ELIGIBILITY.--

25         (a)  Enrollment in each participating school is open to

26  any K-8 student in this state if the student meets at least

27  one of the following conditions:

28         1.  Spent the prior school year in attendance at a

29  public school in this state and was enrolled and reported by a

30  public school district for funding during the preceding

31  

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    Florida Senate - 2006                                  SB 1282
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 1  October and February for purposes of the Florida Education

 2  Finance Program surveys;

 3         2.  Was enrolled during the prior school year in a K-8

 4  virtual school funded pursuant to this section or from funds

 5  provided in the 2005 General Appropriations Act;

 6         3.  Is eligible to enroll in kindergarten or the first

 7  grade; or

 8         4.  Has a sibling who is currently enrolled in a

 9  participating K-8 virtual school and was enrolled at the end

10  of the prior school year.

11         (b)  Students enrolled in a K-8 virtual school are

12  subject to the compulsory attendance requirements of s.

13  1003.21, Florida Statutes. Student attendance must be verified

14  according to procedures of the Department of Education.

15         (c)  Each student enrolled in a K-8 virtual school must

16  take state assessment tests within the student's school

17  district of residence, which must provide that student with

18  access to the district's testing facilities.

19         (6)  FUNDING.--

20         (a)  State funding for each school participating in the

21  K-8 Virtual School Program shall be based on a total program

22  enrollment and amount per full-time equivalent student

23  established annually in the General Appropriations Act.

24         (b)  Upon proper documentation of student enrollment,

25  which must be reviewed and approved by the department,

26  payments shall be made to participating schools in four equal

27  payments no later than September 1, November 1, February 1,

28  and April 15 of each academic year. The initial payment shall

29  be made after the department verifies each student's admission

30  to the school, and subsequent payments shall be made upon

31  

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    Florida Senate - 2006                                  SB 1282
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 1  verification of the continued enrollment and attendance of the

 2  student.

 3         (7)  ASSESSMENT AND ACCOUNTABILITY.--

 4         (a)  Each K-8 virtual school must participate in the

 5  statewide assessment program created under s. 1008.22, Florida

 6  Statutes, and shall be subject to the school grading system

 7  created by s. 1008.34, Florida Statutes.

 8         (b)  A K-8 virtual school that has a performance grade

 9  category of "D" or "F" must file a school improvement plan

10  with the department for consultation to determine the causes

11  for low performance and to develop a plan for correction and

12  improvement.

13         (c)  The department shall terminate the contract of any

14  K-8 virtual school that receives a performance grade category

15  of "D" or "F" for 2 years during any consecutive 4-year

16  period.

17         (8)  CAUSES FOR NONRENEWAL OR TERMINATION OF A

18  CONTRACT.--

19         (a)  At the end of a contract with a K-8 virtual

20  school, the department may choose not to renew the contract

21  for any of the following grounds:

22         1.  Failure to participate in the state's education

23  accountability system created in s. 1008.31, Florida Statutes,

24  as required in this section;

25         2.  Failure to receive a school performance grade of

26  "C" or better under the school grading system created by s.

27  1008.34, Florida Statutes, for any 2 years in a consecutive

28  4-year period;

29         3.  Failure to meet generally accepted standards of

30  fiscal management;

31         4.  Violation of law;

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    Florida Senate - 2006                                  SB 1282
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 1         5.  Failure of the Legislature to fund the program; or

 2         6.  Other good cause shown.

 3         (b)  During the term of the contract, the department

 4  may terminate the contract for any of the grounds listed in

 5  paragraph (a).

 6         (c)  If a contract is not renewed or is terminated, the

 7  K-8 virtual school is responsible for all debts of the school.

 8         (d)  If a contract is not renewed or is terminated, a

 9  student who attended the school must be allowed to be enrolled

10  in a public school in the county in which the student is a

11  resident.

12         (9)  RULES.--The State Board of Education shall adopt

13  rules under ss. 120.536(1) and 120.54, Florida Statutes, to

14  administer this section.

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

16  law.

17  

18            *****************************************

19                          SENATE SUMMARY

20    Establishes the K-8 Virtual School Program within the
      Department of Education, subject to an annual
21    appropriation. Provides requirements for a school to be
      eligible to participate in the program. Provides an
22    application process. Provides for an approved school to
      receive an initial 3-year contract and for 5-year
23    renewals of the contract, subject to annual funding.
      Provides for the pilot schools established in the 2005
24    General Appropriations Act to continue in operation,
      subject to approval by the department. Provides
25    eligibility requirements for students. Provides for
      funding virtual schools. Requires each virtual school to
26    be subject to the school grading system. Specifies
      circumstances under which the department may terminate a
27    contract with a virtual school. Requires that the State
      Board of Education adopt rules to administer the virtual
28    school program. (See bill for details.)

29  

30  

31  

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