1 | A bill to be entitled |
2 | An act relating to education funding; amending s. |
3 | 1002.415, F.S.; providing a mission for the K-8 Virtual |
4 | School Program; revising eligibility requirements for |
5 | school participation and student enrollment; providing for |
6 | enrollment in a K-8 virtual school of eligible students |
7 | who submit timely applications unless the number of |
8 | applications exceeds the capacity of a program; removing |
9 | provisions relating to pilot K-8 virtual schools; revising |
10 | funding for the K-8 Virtual School Program to include a |
11 | definition of "full-time equivalent student"; providing |
12 | reporting requirements; establishing the district cost |
13 | differential; providing for funding from the General |
14 | Appropriations Act and authorizing schools to receive |
15 | other funds; prohibiting a school from increasing |
16 | enrollment until it achieves a specified performance grade |
17 | category; amending s. 1003.03, F.S., relating to maximum |
18 | class size; defining "team teaching," "co-teaching," and |
19 | "inclusion teaching strategy"; amending s. 1011.61, F.S.; |
20 | revising the definition of "full-time equivalent student" |
21 | as it relates to the Florida Virtual School; amending s. |
22 | 1011.62, F.S.; deleting obsolete provisions relating to |
23 | categorical funding; amending s. 1011.71, F.S.; deleting |
24 | obsolete provisions relating to expenditure of capital |
25 | outlay millage; amending s. 1013.64, F.S.; specifying the |
26 | useful life of certain educational facilities; clarifying |
27 | the definition of capital outlay full-time equivalent |
28 | membership for use in determining school district capital |
29 | outlay funds; providing an effective date. |
30 |
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31 | Be It Enacted by the Legislature of the State of Florida: |
32 |
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33 | Section 1. Section 1002.415, Florida Statutes, is amended |
34 | to read: |
35 | 1002.415 K-8 Virtual School Program.-- |
36 | (1) PROGRAM; MISSION.-- |
37 | (a) Subject to annual legislative appropriation, a |
38 | kindergarten through grade 8 virtual school program is |
39 | established within the Department of Education for the purpose |
40 | of making academic instruction available to full-time students |
41 | in kindergarten through grade 8 using on-line and distance |
42 | learning technology. The department shall use an application |
43 | process to select schools to deliver program instruction. |
44 | (b) The mission of the K-8 Virtual School Program is to |
45 | provide students with technology-based educational opportunities |
46 | to gain the knowledge and skills necessary to succeed. The |
47 | school shall serve any student in the state who meets the |
48 | profile for success in this educational delivery context and |
49 | shall give priority to: |
50 | 1. Students who need access to K-8 courses in order to |
51 | meet their educational needs and goals in a home environment. |
52 | 2. Students seeking accelerated access to move at their |
53 | own pace in their educational progress. |
54 | (2)(1) SCHOOL ELIGIBILITY.-- |
55 | (a) To be eligible to participate in the K-8 Virtual |
56 | School Program a school must: |
57 | 1. Be nonsectarian in its programs, admission policies, |
58 | employment practices, and operations; |
59 | 2. Comply with the antidiscrimination provisions of s. |
60 | 1000.05; |
61 | 3. Participate in the state's school accountability system |
62 | created in s. 1008.31; |
63 | 4. Locate its administrative office in this state and |
64 | require its administrative and instructional staff members to be |
65 | state residents; and |
66 | 5. Require no tuition or student registration fee. |
67 | (b) Schools applying to participate in the K-8 Virtual |
68 | School Program shall may be for-profit or nonprofit entities. |
69 | (3)(2) APPLICATION.-- |
70 | (a) The Department of Education shall provide an |
71 | application form to be completed by each school seeking to |
72 | participate in the K-8 Virtual School Program. Initial |
73 | application forms must be made available in sufficient time to |
74 | enable schools to apply and be approved to participate in the K- |
75 | 8 Virtual School Program by the beginning of the 2007-2008 |
76 | school year. In addition to information that may be required by |
77 | the department, applicants must provide verification that: |
78 | 1. The applicant meets the eligibility criteria required |
79 | by this section; |
80 | 2. All members of the school's instructional staff are |
81 | certified professional educators under the provisions of chapter |
82 | 1012; and |
83 | 3. All school employees have undergone background |
84 | screening as required by s. 1012.32. |
85 | (b) In addition to a completed application form, each |
86 | applicant must provide the department with: |
87 | 1. A detailed plan describing how the school curriculum |
88 | and course content will conform to the Sunshine State Standards; |
89 | and |
90 | 2. An annual financial plan for each year of operation of |
91 | the school for a minimum of 3 years. The plan must contain |
92 | anticipated fund balances based on revenue projections, a |
93 | spending plan based on projected revenues and expenses, and a |
94 | description of controls that will safeguard finances and |
95 | projected enrollment trends. |
96 | (c) The department must approve or deny a school's |
97 | participation in the K-8 Virtual School Program within 90 days |
98 | after receipt of an application. |
99 | (4)(3) PARTICIPATING SCHOOLS.-- |
100 | (a) A school approved by the department to participate in |
101 | the K-8 Virtual School Program shall receive an initial 3-year |
102 | contract with the department to provide program services, |
103 | subject to annual department review and legislative |
104 | appropriation. Contract renewals may be for up to 5 years upon |
105 | agreement of both parties, contingent upon annual funding in the |
106 | General Appropriations Act. |
107 | (b) A school approved to participate in the program is |
108 | deemed to be an independent virtual school providing, on behalf |
109 | of the state, a program of instruction that is full time, of 180 |
110 | days' duration, and an on-line program of instruction to |
111 | students in kindergarten through grade 8. |
112 | (c) A school approved to participate in the program must |
113 | provide each student enrolled in the virtual school with: |
114 | 1. All necessary instructional materials; |
115 | 2. All equipment, including, but not limited to, a |
116 | computer, computer monitor, and printer for each household that |
117 | has a student enrolled in the virtual school; and |
118 | 3. Access to or reimbursement for all Internet services |
119 | necessary for on-line delivery of instruction for each household |
120 | that has a student enrolled in the virtual school. |
121 | (d) Except as provided in paragraph (7)(b), a K-8 virtual |
122 | school shall enroll an eligible student who meets the profile |
123 | for success in this educational delivery context and who submits |
124 | a timely application, prioritized in accordance with paragraph |
125 | (1)(b), unless the number of such applications exceeds the |
126 | capacity of a program. In such case, students who have submitted |
127 | such applications shall have an equal chance of being admitted |
128 | through a random selection process. |
129 | (4) PILOT SCHOOLS.-- |
130 | (a) The two pilot K-8 virtual schools provided for in the |
131 | 2005 General Appropriations Act may continue operation for the |
132 | entire 2006-2007 school year. |
133 | (b) With the exception of the application and contracting |
134 | requirements, the pilot schools are subject to the provisions of |
135 | this section for the 2006-2007 school year. |
136 | (c) Each pilot school must complete the application |
137 | requirements of this section and be approved by the department |
138 | in order to participate in the K-8 Virtual School Program beyond |
139 | the 2006-2007 school year. |
140 | (5) STUDENT ELIGIBILITY.-- |
141 | (a) Enrollment in a each participating K-8 virtual school |
142 | is open to any K-8 student in this state who meets the profile |
143 | for success in this educational delivery context in accordance |
144 | with paragraph (1)(b) if the student meets at least one of the |
145 | following conditions: |
146 | 1. Spent the prior school year in attendance at a public |
147 | school in this state and was enrolled and reported by a public |
148 | school district for funding during the preceding October and |
149 | February for purposes of the Florida Education Finance Program |
150 | surveys; |
151 | 2. Was enrolled during the prior school year in a K-8 |
152 | virtual school funded pursuant to this section or from funds |
153 | provided in the 2005 General Appropriations Act; |
154 | 3. Is eligible to enroll in kindergarten or the first |
155 | grade; or |
156 | 4. Has a sibling who is currently enrolled in a |
157 | participating K-8 virtual school and was enrolled at the end of |
158 | the prior school year. |
159 | (b) Students enrolled in a K-8 virtual school are subject |
160 | to the compulsory attendance requirements of s. 1003.21. Student |
161 | attendance must be verified according to procedures of the |
162 | Department of Education. |
163 | (c) Each student enrolled in a K-8 virtual school must |
164 | take state assessment tests within the student's school district |
165 | of residence, which must provide that student with access to the |
166 | district's testing facilities. |
167 | (6) FUNDING.-- |
168 | (a) A "full-time equivalent student" for the K-8 Virtual |
169 | School Program shall be as defined in s. 1011.61(1)(c) and |
170 | reported under s. 1011.62(1)(c)1.a. and b. State funding for |
171 | each school participating in the K-8 Virtual School Program |
172 | shall be based on a total program enrollment and amount per |
173 | full-time equivalent student established annually in the General |
174 | Appropriations Act. |
175 | (b) Full-time equivalent students for the K-8 Virtual |
176 | School Program shall be reported only by the K-8 virtual school |
177 | to the Department of Education in the manner prescribed by the |
178 | department and shall be funded through the Florida Education |
179 | Finance Program. School districts shall report full-time |
180 | equivalent student membership only for courses for which the |
181 | district provides the instruction. Upon proper documentation of |
182 | student enrollment, which must be reviewed and approved by the |
183 | department, payments shall be made to participating schools in |
184 | four equal payments no later than September 1, November 1, |
185 | February 1, and April 15 of each academic year. The initial |
186 | payment shall be made after the department verifies each |
187 | student's admission to the school, and subsequent payments shall |
188 | be made upon verification of the continued enrollment and |
189 | attendance of the student. |
190 | (c) The district cost differential as provided in s. |
191 | 1011.62(2) shall be established as 1.000. |
192 | (d) A K-8 virtual school that participates in the K-8 |
193 | Virtual School Program shall receive state funds as may be |
194 | provided in the General Appropriations Act. |
195 | (e) In addition to the funds provided in the General |
196 | Appropriations Act, a K-8 virtual school may receive other funds |
197 | from grants and donations. |
198 | (7) ASSESSMENT AND ACCOUNTABILITY.-- |
199 | (a) Each K-8 virtual school must participate in the |
200 | statewide assessment program created under s. 1008.22 and shall |
201 | be subject to the school grading system created by s. 1008.34. |
202 | (b) A K-8 virtual school that has a performance grade |
203 | category of "D" or "F" must file a school improvement plan with |
204 | the department for consultation to determine the causes for low |
205 | performance and to develop a plan for correction and |
206 | improvement. Such a school may not increase its enrollment until |
207 | it achieves a performance grade category of "C" or better. |
208 | (c) The department shall terminate the contract of any K-8 |
209 | virtual school that receives a performance grade category of "D" |
210 | or "F" for 2 years during any consecutive 4-year period. |
211 | (8) CAUSES FOR NONRENEWAL OR TERMINATION OF A CONTRACT.-- |
212 | (a) At the end of a contract with a K-8 virtual school, |
213 | the department may choose not to renew the contract for any of |
214 | the following grounds: |
215 | 1. Failure to participate in the state's education |
216 | accountability system created in s. 1008.31, as required in this |
217 | section; |
218 | 2. Failure to receive a school performance grade of "C" or |
219 | better under the school grading system created by s. 1008.34 for |
220 | any 2 years in a consecutive 4-year period; |
221 | 3. Failure to meet generally accepted standards of fiscal |
222 | management; |
223 | 4. Violation of law; |
224 | 5. Failure of the Legislature to fund the program; or |
225 | 6. Other good cause shown. |
226 | (b) During the term of the contract, the department may |
227 | terminate the contract for any of the grounds listed in |
228 | paragraph (a). |
229 | (c) If a contract is not renewed or is terminated, the K-8 |
230 | virtual school is responsible for all debts of the school. |
231 | (d) If a contract is not renewed or is terminated, a |
232 | student who attended the school must be allowed to be enrolled |
233 | in a public school in the county in which the student is a |
234 | resident. |
235 | (9) RULES.--The State Board of Education shall adopt rules |
236 | under ss. 120.536(1) and 120.54 to administer this section. |
237 | Section 2. Paragraphs (c) and (d) are added to subsection |
238 | (5) of section 1003.03, Florida Statutes, to read: |
239 | 1003.03 Maximum class size.-- |
240 | (5) TEAM-TEACHING STRATEGIES.-- |
241 | (c) "Team teaching" or "co-teaching" means that two or |
242 | more teachers are assigned to a group of students and that each |
243 | teacher is responsible for planning, delivering, and evaluating |
244 | instruction for all students in a class or subject for the |
245 | entire class period. |
246 | (d) "Inclusion teaching strategy" means that two or more |
247 | teachers are assigned to a group of students, but one of the |
248 | teachers is only responsible for one student or a small group of |
249 | students in the classroom. |
250 |
|
251 | The use of strategies implemented as outlined in this subsection |
252 | meets the letter and intent of the Florida Constitution and the |
253 | Florida Statutes which relate to implementing class-size |
254 | reduction, and this subsection applies retroactively. A school |
255 | district may not be penalized financially or otherwise as a |
256 | result of the use of any legal strategy, including, but not |
257 | limited to, those set forth in subsection (3) and this |
258 | subsection. |
259 | Section 3. Paragraph (c) of subsection (1) of section |
260 | 1011.61, Florida Statutes, is amended to read: |
261 | 1011.61 Definitions.--Notwithstanding the provisions of s. |
262 | 1000.21, the following terms are defined as follows for the |
263 | purposes of the Florida Education Finance Program: |
264 | (1) A "full-time equivalent student" in each program of |
265 | the district is defined in terms of full-time students and part- |
266 | time students as follows: |
267 | (c)1. A "full-time equivalent student" is: |
268 | a. A full-time student in any one of the programs listed |
269 | in s. 1011.62(1)(c); or |
270 | b. A combination of full-time or part-time students in any |
271 | one of the programs listed in s. 1011.62(1)(c) which is the |
272 | equivalent of one full-time student based on the following |
273 | calculations: |
274 | (I) A full-time student, except a postsecondary or adult |
275 | student or a senior high school student enrolled in adult |
276 | education when such courses are required for high school |
277 | graduation, in a combination of programs listed in s. |
278 | 1011.62(1)(c) shall be a fraction of a full-time equivalent |
279 | membership in each special program equal to the number of net |
280 | hours per school year for which he or she is a member, divided |
281 | by the appropriate number of hours set forth in subparagraph |
282 | (a)1. or subparagraph (a)2. The difference between that fraction |
283 | or sum of fractions and the maximum value as set forth in |
284 | subsection (4) for each full-time student is presumed to be the |
285 | balance of the student's time not spent in such special |
286 | education programs and shall be recorded as time in the |
287 | appropriate basic program. |
288 | (II) A prekindergarten handicapped student shall meet the |
289 | requirements specified for kindergarten students. |
290 | (III) A Florida Virtual School full-time equivalent |
291 | student shall consist of six full credit completions in the |
292 | programs listed in s. 1011.62(1)(c)1. and 4. Credit completions |
293 | can be a combination of either full credits or half credits. |
294 | 2. A student in membership in a program scheduled for more |
295 | or less than 180 school days is a fraction of a full-time |
296 | equivalent membership equal to the number of instructional hours |
297 | in membership divided by the appropriate number of hours set |
298 | forth in subparagraph (a)1.; however, for the purposes of this |
299 | subparagraph, membership in programs scheduled for more than 180 |
300 | days is limited to students enrolled in juvenile justice |
301 | education programs and the Florida Virtual School. |
302 |
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303 | The department shall determine and implement an equitable method |
304 | of equivalent funding for experimental schools and for schools |
305 | operating under emergency conditions, which schools have been |
306 | approved by the department to operate for less than the minimum |
307 | school day. |
308 | Section 4. Subsection (6) of section 1011.62, Florida |
309 | Statutes, is amended to read: |
310 | 1011.62 Funds for operation of schools.--If the annual |
311 | allocation from the Florida Education Finance Program to each |
312 | district for operation of schools is not determined in the |
313 | annual appropriations act or the substantive bill implementing |
314 | the annual appropriations act, it shall be determined as |
315 | follows: |
316 | (6) CATEGORICAL FUNDS.-- |
317 | (a) In addition to the basic amount for current operations |
318 | for the FEFP as determined in subsection (1), the Legislature |
319 | may appropriate categorical funding for specified programs, |
320 | activities, or purposes. |
321 | (b) If a district school board finds and declares in a |
322 | resolution adopted at a regular meeting of the school board that |
323 | the funds received for any of the following categorical |
324 | appropriations are urgently needed to maintain school board |
325 | specified academic classroom instruction, the school board may |
326 | consider and approve an amendment to the school district |
327 | operating budget transferring the identified amount of the |
328 | categorical funds to the appropriate account for expenditure: |
329 | 1. Funds for student transportation. |
330 | 2. Funds for in-service educational personnel training. |
331 | 2.3. Funds for safe schools. |
332 | 4. Funds for public school technology. |
333 | 3.5. Funds for supplemental academic instruction. |
334 | (c) Each district school board shall include in its annual |
335 | financial report to the Department of Education the amount of |
336 | funds the school board transferred from each of the categorical |
337 | funds identified in this subsection and the specific academic |
338 | classroom instruction for which the transferred funds were |
339 | expended. The Department of Education shall provide instructions |
340 | and specify the format to be used in submitting this required |
341 | information as a part of the district annual financial report. |
342 | Section 5. Subsection (5) of section 1011.71, Florida |
343 | Statutes, is amended to read: |
344 | 1011.71 District school tax.-- |
345 | (5)(a) It is the intent of the Legislature that, by July |
346 | 1, 2003, revenue generated by the millage levy authorized by |
347 | subsection (2) should be used only for the costs of |
348 | construction, renovation, remodeling, maintenance, and repair of |
349 | the educational plant; for the purchase, lease, or lease- |
350 | purchase of equipment, educational plants, and construction |
351 | materials directly related to the delivery of student |
352 | instruction; for the rental or lease of existing buildings, or |
353 | space within existing buildings, originally constructed or used |
354 | for purposes other than education, for conversion to use as |
355 | educational facilities; for the opening day collection for the |
356 | library media center of a new school; for the purchase, lease- |
357 | purchase, or lease of school buses or the payment to a private |
358 | entity to offset the cost of school buses pursuant to paragraph |
359 | (2)(i); and for servicing of payments related to certificates of |
360 | participation issued for any purpose prior to the effective date |
361 | of this act. Costs associated with the lease-purchase of |
362 | equipment, educational plants, and school buses may include the |
363 | issuance of certificates of participation on or after the |
364 | effective date of this act and the servicing of payments related |
365 | to certificates so issued. For purposes of this section, |
366 | "maintenance and repair" is defined in s. 1013.01. |
367 | (b) For purposes not delineated in paragraph (a) for which |
368 | proceeds received from millage levied under subsection (2) may |
369 | be legally expended, a district school board may spend no more |
370 | than the following percentages of the amount the district spent |
371 | for these purposes in fiscal year 1995-1996: |
372 | 1. In fiscal year 2000-2001, 40 percent. |
373 | 2. In fiscal year 2001-2002, 25 percent. |
374 | 3. In fiscal year 2002-2003, 10 percent. |
375 | (b)(c) Beginning July 1, 2003, revenue generated by the |
376 | millage levy authorized by subsection (2) must be used only for |
377 | the purposes delineated in paragraph (a). |
378 | (c)(d) Notwithstanding any other provision of this |
379 | subsection, if through its adopted educational facilities plan a |
380 | district has clearly identified the need for an ancillary plant, |
381 | has provided opportunity for public input as to the relative |
382 | value of the ancillary plant versus an educational plant, and |
383 | has obtained public approval, the district may use revenue |
384 | generated by the millage levy authorized by subsection (2) for |
385 | the acquisition, construction, renovation, remodeling, |
386 | maintenance, or repair of an ancillary plant. |
387 |
|
388 | A district that violates these expenditure restrictions shall |
389 | have an equal dollar reduction in funds appropriated to the |
390 | district under s. 1011.62 in the fiscal year following the audit |
391 | citation. The expenditure restrictions do not apply to any |
392 | school district that certifies to the Commissioner of Education |
393 | that all of the district's instructional space needs for the |
394 | next 5 years can be met from capital outlay sources that the |
395 | district reasonably expects to receive during the next 5 years |
396 | or from alternative scheduling or construction, leasing, |
397 | rezoning, or technological methodologies that exhibit sound |
398 | management. |
399 | Section 6. Paragraph (a) of subsection (1) and paragraph |
400 | (a) of subsection (3) of section 1013.64, Florida Statutes, are |
401 | amended to read: |
402 | 1013.64 Funds for comprehensive educational plant needs; |
403 | construction cost maximums for school district capital |
404 | projects.--Allocations from the Public Education Capital Outlay |
405 | and Debt Service Trust Fund to the various boards for capital |
406 | outlay projects shall be determined as follows: |
407 | (1)(a) Funds for remodeling, renovation, maintenance, |
408 | repairs, and site improvement for existing satisfactory |
409 | facilities shall be given priority consideration by the |
410 | Legislature for appropriations allocated to the boards from the |
411 | total amount of the Public Education Capital Outlay and Debt |
412 | Service Trust Fund appropriated. These funds shall be calculated |
413 | pursuant to the following basic formula: the building value |
414 | times the building age over the sum of the years' digits |
415 | assuming a 50-year building life. For modular noncombustible |
416 | facilities, a 35- year life shall be used and, for relocatable |
417 | facilities, a 20-year life shall be used. "Building value" is |
418 | calculated by multiplying each building's total assignable |
419 | square feet times the appropriate net-to-gross conversion rate |
420 | found in state board rules and that product times the current |
421 | average new construction cost. "Building age" is calculated by |
422 | multiplying the prior year's building age times 1 minus the |
423 | prior year's sum received from this subsection divided by the |
424 | prior year's building value. To the net result shall be added |
425 | the number 1. Each board shall receive the percentage generated |
426 | by the preceding formula of the total amount appropriated for |
427 | the purposes of this section. |
428 | (3)(a) Each district school board shall receive an amount |
429 | from the Public Education Capital Outlay and Debt Service Trust |
430 | Fund to be calculated by computing the capital outlay full-time |
431 | equivalent membership as determined by the department. Such |
432 | membership must include, but is not limited to: |
433 | 1. K-12 students for whom the school district is required |
434 | to provide the educational facility, except hospital and |
435 | homebound part-time students; and |
436 | 2. Students who are career education students, and adult |
437 | disabled students and who are enrolled in school district career |
438 | centers. The capital outlay full-time equivalent membership |
439 | shall be determined for kindergarten through the 12th grade and |
440 | for career centers by averaging the unweighted full-time |
441 | equivalent student membership for the second and third surveys |
442 | and comparing the results on a school-by-school basis with the |
443 | Florida Inventory for School Houses. The capital outlay full- |
444 | time equivalent membership by grade level organization shall be |
445 | used in making the following calculations: The capital outlay |
446 | full-time equivalent membership by grade level organization for |
447 | the 4th prior year must be used to compute the base-year |
448 | allocation. The capital outlay full-time equivalent membership |
449 | by grade-level organization for the prior year must be used to |
450 | compute the growth over the highest of the 3 years preceding the |
451 | prior year. From the total amount appropriated by the |
452 | Legislature pursuant to this subsection, 40 percent shall be |
453 | allocated among the base capital outlay full-time equivalent |
454 | membership and 60 percent among the growth capital outlay full- |
455 | time equivalent membership. The allocation within each of these |
456 | groups shall be prorated to the districts based upon each |
457 | district's percentage of base and growth capital outlay full- |
458 | time membership. The most recent 4-year capital outlay full-time |
459 | equivalent membership data shall be used in each subsequent |
460 | year's calculation for the allocation of funds pursuant to this |
461 | subsection. If a change, correction, or recomputation of data |
462 | during any year results in a reduction or increase of the |
463 | calculated amount previously allocated to a district, the |
464 | allocation to that district shall be adjusted correspondingly. |
465 | If such recomputation results in an increase or decrease of the |
466 | calculated amount, such additional or reduced amounts shall be |
467 | added to or reduced from the district's future appropriations. |
468 | However, no change, correction, or recomputation of data shall |
469 | be made subsequent to 2 years following the initial annual |
470 | allocation. |
471 | Section 7. This act shall take effect July 1, 2007. |