HB 7081

1
A bill to be entitled
2An act relating to education funding; amending s.
31002.415, F.S.; providing a mission for the K-8 Virtual
4School Program; revising eligibility requirements for
5school participation and student enrollment; providing for
6enrollment in a K-8 virtual school of eligible students
7who submit timely applications unless the number of
8applications exceeds the capacity of a program; removing
9provisions relating to pilot K-8 virtual schools; revising
10funding for the K-8 Virtual School Program to include a
11definition of "full-time equivalent student"; providing
12reporting requirements; establishing the district cost
13differential; providing for funding from the General
14Appropriations Act and authorizing schools to receive
15other funds; prohibiting a school from increasing
16enrollment until it achieves a specified performance grade
17category; amending s. 1003.03, F.S., relating to maximum
18class size; defining "team teaching," "co-teaching," and
19"inclusion teaching strategy"; amending s. 1011.61, F.S.;
20revising the definition of "full-time equivalent student"
21as it relates to the Florida Virtual School; amending s.
221011.62, F.S.; deleting obsolete provisions relating to
23categorical funding; amending s. 1011.71, F.S.; deleting
24obsolete provisions relating to expenditure of capital
25outlay millage; amending s. 1013.64, F.S.; specifying the
26useful life of certain educational facilities; clarifying
27the definition of capital outlay full-time equivalent
28membership for use in determining school district capital
29outlay funds; providing an effective date.
30
31Be It Enacted by the Legislature of the State of Florida:
32
33     Section 1.  Section 1002.415, Florida Statutes, is amended
34to read:
35     1002.415  K-8 Virtual School Program.--
36     (1)  PROGRAM; MISSION.--
37     (a)  Subject to annual legislative appropriation, a
38kindergarten through grade 8 virtual school program is
39established within the Department of Education for the purpose
40of making academic instruction available to full-time students
41in kindergarten through grade 8 using on-line and distance
42learning technology. The department shall use an application
43process to select schools to deliver program instruction.
44     (b)  The mission of the K-8 Virtual School Program is to
45provide students with technology-based educational opportunities
46to gain the knowledge and skills necessary to succeed. The
47school shall serve any student in the state who meets the
48profile for success in this educational delivery context and
49shall give priority to:
50     1.  Students who need access to K-8 courses in order to
51meet their educational needs and goals in a home environment.
52     2.  Students seeking accelerated access to move at their
53own pace in their educational progress.
54     (2)(1)  SCHOOL ELIGIBILITY.--
55     (a)  To be eligible to participate in the K-8 Virtual
56School Program a school must:
57     1.  Be nonsectarian in its programs, admission policies,
58employment practices, and operations;
59     2.  Comply with the antidiscrimination provisions of s.
601000.05;
61     3.  Participate in the state's school accountability system
62created in s. 1008.31;
63     4.  Locate its administrative office in this state and
64require its administrative and instructional staff members to be
65state residents; and
66     5.  Require no tuition or student registration fee.
67     (b)  Schools applying to participate in the K-8 Virtual
68School Program shall may be for-profit or nonprofit entities.
69     (3)(2)  APPLICATION.--
70     (a)  The Department of Education shall provide an
71application form to be completed by each school seeking to
72participate in the K-8 Virtual School Program. Initial
73application forms must be made available in sufficient time to
74enable schools to apply and be approved to participate in the K-
758 Virtual School Program by the beginning of the 2007-2008
76school year. In addition to information that may be required by
77the department, applicants must provide verification that:
78     1.  The applicant meets the eligibility criteria required
79by this section;
80     2.  All members of the school's instructional staff are
81certified professional educators under the provisions of chapter
821012; and
83     3.  All school employees have undergone background
84screening as required by s. 1012.32.
85     (b)  In addition to a completed application form, each
86applicant must provide the department with:
87     1.  A detailed plan describing how the school curriculum
88and course content will conform to the Sunshine State Standards;
89and
90     2.  An annual financial plan for each year of operation of
91the school for a minimum of 3 years. The plan must contain
92anticipated fund balances based on revenue projections, a
93spending plan based on projected revenues and expenses, and a
94description of controls that will safeguard finances and
95projected enrollment trends.
96     (c)  The department must approve or deny a school's
97participation in the K-8 Virtual School Program within 90 days
98after receipt of an application.
99     (4)(3)  PARTICIPATING SCHOOLS.--
100     (a)  A school approved by the department to participate in
101the K-8 Virtual School Program shall receive an initial 3-year
102contract with the department to provide program services,
103subject to annual department review and legislative
104appropriation. Contract renewals may be for up to 5 years upon
105agreement of both parties, contingent upon annual funding in the
106General Appropriations Act.
107     (b)  A school approved to participate in the program is
108deemed to be an independent virtual school providing, on behalf
109of the state, a program of instruction that is full time, of 180
110days' duration, and an on-line program of instruction to
111students in kindergarten through grade 8.
112     (c)  A school approved to participate in the program must
113provide each student enrolled in the virtual school with:
114     1.  All necessary instructional materials;
115     2.  All equipment, including, but not limited to, a
116computer, computer monitor, and printer for each household that
117has a student enrolled in the virtual school; and
118     3.  Access to or reimbursement for all Internet services
119necessary for on-line delivery of instruction for each household
120that has a student enrolled in the virtual school.
121     (d)  Except as provided in paragraph (7)(b), a K-8 virtual
122school shall enroll an eligible student who meets the profile
123for success in this educational delivery context and who submits
124a timely application, prioritized in accordance with paragraph
125(1)(b), unless the number of such applications exceeds the
126capacity of a program. In such case, students who have submitted
127such applications shall have an equal chance of being admitted
128through a random selection process.
129     (4)  PILOT SCHOOLS.--
130     (a)  The two pilot K-8 virtual schools provided for in the
1312005 General Appropriations Act may continue operation for the
132entire 2006-2007 school year.
133     (b)  With the exception of the application and contracting
134requirements, the pilot schools are subject to the provisions of
135this section for the 2006-2007 school year.
136     (c)  Each pilot school must complete the application
137requirements of this section and be approved by the department
138in order to participate in the K-8 Virtual School Program beyond
139the 2006-2007 school year.
140     (5)  STUDENT ELIGIBILITY.--
141     (a)  Enrollment in a each participating K-8 virtual school
142is open to any K-8 student in this state who meets the profile
143for success in this educational delivery context in accordance
144with paragraph (1)(b) if the student meets at least one of the
145following conditions:
146     1.  Spent the prior school year in attendance at a public
147school in this state and was enrolled and reported by a public
148school district for funding during the preceding October and
149February for purposes of the Florida Education Finance Program
150surveys;
151     2.  Was enrolled during the prior school year in a K-8
152virtual school funded pursuant to this section or from funds
153provided in the 2005 General Appropriations Act;
154     3.  Is eligible to enroll in kindergarten or the first
155grade; or
156     4.  Has a sibling who is currently enrolled in a
157participating K-8 virtual school and was enrolled at the end of
158the prior school year.
159     (b)  Students enrolled in a K-8 virtual school are subject
160to the compulsory attendance requirements of s. 1003.21. Student
161attendance must be verified according to procedures of the
162Department of Education.
163     (c)  Each student enrolled in a K-8 virtual school must
164take state assessment tests within the student's school district
165of residence, which must provide that student with access to the
166district's testing facilities.
167     (6)  FUNDING.--
168     (a)  A "full-time equivalent student" for the K-8 Virtual
169School Program shall be as defined in s. 1011.61(1)(c) and
170reported under s. 1011.62(1)(c)1.a. and b. State funding for
171each school participating in the K-8 Virtual School Program
172shall be based on a total program enrollment and amount per
173full-time equivalent student established annually in the General
174Appropriations Act.
175     (b)  Full-time equivalent students for the K-8 Virtual
176School Program shall be reported only by the K-8 virtual school
177to the Department of Education in the manner prescribed by the
178department and shall be funded through the Florida Education
179Finance Program. School districts shall report full-time
180equivalent student membership only for courses for which the
181district provides the instruction. Upon proper documentation of
182student enrollment, which must be reviewed and approved by the
183department, payments shall be made to participating schools in
184four equal payments no later than September 1, November 1,
185February 1, and April 15 of each academic year. The initial
186payment shall be made after the department verifies each
187student's admission to the school, and subsequent payments shall
188be made upon verification of the continued enrollment and
189attendance of the student.
190     (c)  The district cost differential as provided in s.
1911011.62(2) shall be established as 1.000.
192     (d)  A K-8 virtual school that participates in the K-8
193Virtual School Program shall receive state funds as may be
194provided in the General Appropriations Act.
195     (e)  In addition to the funds provided in the General
196Appropriations Act, a K-8 virtual school may receive other funds
197from grants and donations.
198     (7)  ASSESSMENT AND ACCOUNTABILITY.--
199     (a)  Each K-8 virtual school must participate in the
200statewide assessment program created under s. 1008.22 and shall
201be subject to the school grading system created by s. 1008.34.
202     (b)  A K-8 virtual school that has a performance grade
203category of "D" or "F" must file a school improvement plan with
204the department for consultation to determine the causes for low
205performance and to develop a plan for correction and
206improvement. Such a school may not increase its enrollment until
207it achieves a performance grade category of "C" or better.
208     (c)  The department shall terminate the contract of any K-8
209virtual school that receives a performance grade category of "D"
210or "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,
213the department may choose not to renew the contract for any of
214the following grounds:
215     1.  Failure to participate in the state's education
216accountability system created in s. 1008.31, as required in this
217section;
218     2.  Failure to receive a school performance grade of "C" or
219better under the school grading system created by s. 1008.34 for
220any 2 years in a consecutive 4-year period;
221     3.  Failure to meet generally accepted standards of fiscal
222management;
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
227terminate the contract for any of the grounds listed in
228paragraph (a).
229     (c)  If a contract is not renewed or is terminated, the K-8
230virtual school is responsible for all debts of the school.
231     (d)  If a contract is not renewed or is terminated, a
232student who attended the school must be allowed to be enrolled
233in a public school in the county in which the student is a
234resident.
235     (9)  RULES.--The State Board of Education shall adopt rules
236under 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
242more teachers are assigned to a group of students and that each
243teacher is responsible for planning, delivering, and evaluating
244instruction for all students in a class or subject for the
245entire class period.
246     (d)  "Inclusion teaching strategy" means that two or more
247teachers are assigned to a group of students, but one of the
248teachers is only responsible for one student or a small group of
249students in the classroom.
250
251The use of strategies implemented as outlined in this subsection
252meets the letter and intent of the Florida Constitution and the
253Florida Statutes which relate to implementing class-size
254reduction, and this subsection applies retroactively. A school
255district may not be penalized financially or otherwise as a
256result of the use of any legal strategy, including, but not
257limited to, those set forth in subsection (3) and this
258subsection.
259     Section 3.  Paragraph (c) of subsection (1) of section
2601011.61, Florida Statutes, is amended to read:
261     1011.61  Definitions.--Notwithstanding the provisions of s.
2621000.21, the following terms are defined as follows for the
263purposes of the Florida Education Finance Program:
264     (1)  A "full-time equivalent student" in each program of
265the district is defined in terms of full-time students and part-
266time 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
269in s. 1011.62(1)(c); or
270     b.  A combination of full-time or part-time students in any
271one of the programs listed in s. 1011.62(1)(c) which is the
272equivalent of one full-time student based on the following
273calculations:
274     (I)  A full-time student, except a postsecondary or adult
275student or a senior high school student enrolled in adult
276education when such courses are required for high school
277graduation, in a combination of programs listed in s.
2781011.62(1)(c) shall be a fraction of a full-time equivalent
279membership in each special program equal to the number of net
280hours per school year for which he or she is a member, divided
281by the appropriate number of hours set forth in subparagraph
282(a)1. or subparagraph (a)2. The difference between that fraction
283or sum of fractions and the maximum value as set forth in
284subsection (4) for each full-time student is presumed to be the
285balance of the student's time not spent in such special
286education programs and shall be recorded as time in the
287appropriate basic program.
288     (II)  A prekindergarten handicapped student shall meet the
289requirements specified for kindergarten students.
290     (III)  A Florida Virtual School full-time equivalent
291student shall consist of six full credit completions in the
292programs listed in s. 1011.62(1)(c)1. and 4. Credit completions
293can be a combination of either full credits or half credits.
294     2.  A student in membership in a program scheduled for more
295or less than 180 school days is a fraction of a full-time
296equivalent membership equal to the number of instructional hours
297in membership divided by the appropriate number of hours set
298forth in subparagraph (a)1.; however, for the purposes of this
299subparagraph, membership in programs scheduled for more than 180
300days is limited to students enrolled in juvenile justice
301education programs and the Florida Virtual School.
302
303The department shall determine and implement an equitable method
304of equivalent funding for experimental schools and for schools
305operating under emergency conditions, which schools have been
306approved by the department to operate for less than the minimum
307school day.
308     Section 4.  Subsection (6) of section 1011.62, Florida
309Statutes, is amended to read:
310     1011.62  Funds for operation of schools.--If the annual
311allocation from the Florida Education Finance Program to each
312district for operation of schools is not determined in the
313annual appropriations act or the substantive bill implementing
314the annual appropriations act, it shall be determined as
315follows:
316     (6)  CATEGORICAL FUNDS.--
317     (a)  In addition to the basic amount for current operations
318for the FEFP as determined in subsection (1), the Legislature
319may appropriate categorical funding for specified programs,
320activities, or purposes.
321     (b)  If a district school board finds and declares in a
322resolution adopted at a regular meeting of the school board that
323the funds received for any of the following categorical
324appropriations are urgently needed to maintain school board
325specified academic classroom instruction, the school board may
326consider and approve an amendment to the school district
327operating budget transferring the identified amount of the
328categorical 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
335financial report to the Department of Education the amount of
336funds the school board transferred from each of the categorical
337funds identified in this subsection and the specific academic
338classroom instruction for which the transferred funds were
339expended. The Department of Education shall provide instructions
340and specify the format to be used in submitting this required
341information as a part of the district annual financial report.
342     Section 5.  Subsection (5) of section 1011.71, Florida
343Statutes, is amended to read:
344     1011.71  District school tax.--
345     (5)(a)  It is the intent of the Legislature that, by July
3461, 2003, revenue generated by the millage levy authorized by
347subsection (2) should be used only for the costs of
348construction, renovation, remodeling, maintenance, and repair of
349the educational plant; for the purchase, lease, or lease-
350purchase of equipment, educational plants, and construction
351materials directly related to the delivery of student
352instruction; for the rental or lease of existing buildings, or
353space within existing buildings, originally constructed or used
354for purposes other than education, for conversion to use as
355educational facilities; for the opening day collection for the
356library media center of a new school; for the purchase, lease-
357purchase, or lease of school buses or the payment to a private
358entity to offset the cost of school buses pursuant to paragraph
359(2)(i); and for servicing of payments related to certificates of
360participation issued for any purpose prior to the effective date
361of this act. Costs associated with the lease-purchase of
362equipment, educational plants, and school buses may include the
363issuance of certificates of participation on or after the
364effective date of this act and the servicing of payments related
365to 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
368proceeds received from millage levied under subsection (2) may
369be legally expended, a district school board may spend no more
370than the following percentages of the amount the district spent
371for 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
376millage levy authorized by subsection (2) must be used only for
377the purposes delineated in paragraph (a).
378     (c)(d)  Notwithstanding any other provision of this
379subsection, if through its adopted educational facilities plan a
380district has clearly identified the need for an ancillary plant,
381has provided opportunity for public input as to the relative
382value of the ancillary plant versus an educational plant, and
383has obtained public approval, the district may use revenue
384generated by the millage levy authorized by subsection (2) for
385the acquisition, construction, renovation, remodeling,
386maintenance, or repair of an ancillary plant.
387
388A district that violates these expenditure restrictions shall
389have an equal dollar reduction in funds appropriated to the
390district under s. 1011.62 in the fiscal year following the audit
391citation. The expenditure restrictions do not apply to any
392school district that certifies to the Commissioner of Education
393that all of the district's instructional space needs for the
394next 5 years can be met from capital outlay sources that the
395district reasonably expects to receive during the next 5 years
396or from alternative scheduling or construction, leasing,
397rezoning, or technological methodologies that exhibit sound
398management.
399     Section 6.  Paragraph (a) of subsection (1) and paragraph
400(a) of subsection (3) of section 1013.64, Florida Statutes, are
401amended to read:
402     1013.64  Funds for comprehensive educational plant needs;
403construction cost maximums for school district capital
404projects.--Allocations from the Public Education Capital Outlay
405and Debt Service Trust Fund to the various boards for capital
406outlay projects shall be determined as follows:
407     (1)(a)  Funds for remodeling, renovation, maintenance,
408repairs, and site improvement for existing satisfactory
409facilities shall be given priority consideration by the
410Legislature for appropriations allocated to the boards from the
411total amount of the Public Education Capital Outlay and Debt
412Service Trust Fund appropriated. These funds shall be calculated
413pursuant to the following basic formula: the building value
414times the building age over the sum of the years' digits
415assuming a 50-year building life. For modular noncombustible
416facilities, a 35- year life shall be used and, for relocatable
417facilities, a 20-year life shall be used. "Building value" is
418calculated by multiplying each building's total assignable
419square feet times the appropriate net-to-gross conversion rate
420found in state board rules and that product times the current
421average new construction cost. "Building age" is calculated by
422multiplying the prior year's building age times 1 minus the
423prior year's sum received from this subsection divided by the
424prior year's building value. To the net result shall be added
425the number 1. Each board shall receive the percentage generated
426by the preceding formula of the total amount appropriated for
427the purposes of this section.
428     (3)(a)  Each district school board shall receive an amount
429from the Public Education Capital Outlay and Debt Service Trust
430Fund to be calculated by computing the capital outlay full-time
431equivalent membership as determined by the department. Such
432membership must include, but is not limited to:
433     1.  K-12 students for whom the school district is required
434to provide the educational facility, except hospital and
435homebound part-time students; and
436     2.  Students who are career education students, and adult
437disabled students and who are enrolled in school district career
438centers. The capital outlay full-time equivalent membership
439shall be determined for kindergarten through the 12th grade and
440for career centers by averaging the unweighted full-time
441equivalent student membership for the second and third surveys
442and comparing the results on a school-by-school basis with the
443Florida Inventory for School Houses. The capital outlay full-
444time equivalent membership by grade level organization shall be
445used in making the following calculations: The capital outlay
446full-time equivalent membership by grade level organization for
447the 4th prior year must be used to compute the base-year
448allocation. The capital outlay full-time equivalent membership
449by grade-level organization for the prior year must be used to
450compute the growth over the highest of the 3 years preceding the
451prior year. From the total amount appropriated by the
452Legislature pursuant to this subsection, 40 percent shall be
453allocated among the base capital outlay full-time equivalent
454membership and 60 percent among the growth capital outlay full-
455time equivalent membership. The allocation within each of these
456groups shall be prorated to the districts based upon each
457district's percentage of base and growth capital outlay full-
458time membership. The most recent 4-year capital outlay full-time
459equivalent membership data shall be used in each subsequent
460year's calculation for the allocation of funds pursuant to this
461subsection. If a change, correction, or recomputation of data
462during any year results in a reduction or increase of the
463calculated amount previously allocated to a district, the
464allocation to that district shall be adjusted correspondingly.
465If such recomputation results in an increase or decrease of the
466calculated amount, such additional or reduced amounts shall be
467added to or reduced from the district's future appropriations.
468However, no change, correction, or recomputation of data shall
469be made subsequent to 2 years following the initial annual
470allocation.
471     Section 7.  This act shall take effect July 1, 2007.


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