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A bill to be entitled

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An act relating to virtual instruction programs; creating

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s. 1002.45, F.S.; authorizing a school district to offer

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courses by virtual instruction to students meeting certain

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conditions; providing a purpose; authorizing a school

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district to implement virtual instruction programs by

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approved district-operated programs or programs provided

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by contracted providers if approved by the Department of

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Education; authorizing a school district to participate in

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multi-district contractual arrangements; requiring the

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department to review and approve district-operated virtual

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programs on an annual basis; requiring contract providers

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to meet certain qualifications; requiring each virtual

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instruction program operated or contracted by a school

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district to meet certain requirements; prohibiting a

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school district from increasing its enrollment in a

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virtual education program in excess of the prior year's

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enrollment unless the program achieves a certain

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performance grade under the school grading system;

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requiring students enrolled in a virtual instruction

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program to meet certain requirements to participate in

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such program; defining the term "full-time equivalent

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student"; providing that full-time equivalent students

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participating in a school district's virtual instruction

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program be funded through the Florida Education Finance

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Program; requiring that a program provider participate in

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the statewide assessment program and education performance

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accountability system and meet a certain performance

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grade; requiring the State Board of Education to adopt

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rules; amending s. 1011.61, F.S.; revising the definition

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of "full-time equivalent" student to conform to changes

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made by the act; providing an effective date.

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

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     Section 1.  Section 1002.45, Florida Statutes, is created to

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read:

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     1002.45 School district virtual instruction programs.--

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     (1) PROGRAM.--Beginning with the 2009-2010 school year,

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each school district in the state may offer courses by virtual

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instruction. An eligible student must be a full-time student in

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the school district based on the student's enrollment in virtual

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courses or a combination of virtual courses and standard district

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courses. The purpose of the program is to make academic

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instruction available to full-time school district students who

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use online and distance learning technology. Each school district

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may implement its program through approved district-operated

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programs or programs by contracted providers approved by the

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Department of Education under subsection (2). School districts

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may participate in multi-district contractual arrangements to

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provide such programs.

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     (2) PROVIDER QUALIFICATIONS.--On or before March 1, 2009,

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and annually thereafter, the department shall review and approve

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district-operated virtual programs. Approved contract providers

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include schools approved to provide virtual instruction pursuant

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to s. 1002.37 or s. 1002.415, and other providers approved by the

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department. To be approved by the department, a contract provider

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must annually document that it:

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     (a) Is nonsectarian in its programs, admission policies,

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employment practices, and operations;

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     (b) Complies with the antidiscrimination provisions of s.

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1000.05;

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     (c) Locates an administrative office or offices in this

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state, requires its administrative staff to be state residents,

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and requires all instructional staff members to be Florida-

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certified teachers;

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     (d) Possesses prior, successful experience offering online

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courses to elementary, middle, or high school students;

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     (e) Is accredited by the Commission on Colleges of the

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Southern Association of Colleges and Schools, the Middle States

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Association of Colleges and Schools, the North Central

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Association of Colleges and Schools, or the New England

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Association of Colleges and Schools; and

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     (f) Complies with all requirements under this section.

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     (3) SCHOOL DISTRICT VIRTUAL INSTRUCTION REQUIREMENTS.--Each

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virtual instruction program operated or contracted by a school

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district must:

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     (a) Require all instructional staff to be certified

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professional educators under chapter 1012.

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     (b) Conduct a background screening of all employees or

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contracted personnel, as required by s. 1012.32, using state and

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national criminal history records.

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     (c) Align virtual course curriculum and course content to

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the Sunshine State Standards under s. 1003.41.

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     (d) Offer instruction that is designed to enable a student

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to gain proficiency in each virtually delivered course of study.

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     (e) Provide each student enrolled in the program with all

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the necessary instructional materials.

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     (f) Provide, when appropriate, each household having a

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full-time student enrolled in the program with:

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     1. All the necessary equipment necessary for participants

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in the school district virtual instruction program, including,

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but not limited to, a computer, computer monitor, and printer;

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and

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     2. Access to or reimbursement for all Internet services

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necessary for online delivery of instruction.

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     (g) Not require tuition or student registration fees.

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     (4) PROGRAM CAPACITY; ENROLLMENT.--Beginning with the 2010-

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2011 school year, a school district may not increase the

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enrollment for a virtual education program in excess of its prior

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school year enrollment unless the program is designated with a

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grade of "C," making satisfactory progress, or better under the

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school grading system provided in s. 1008.34.

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     (5) STUDENT ELIGIBILITY.--Enrollment in a school district

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virtual instruction program is open to any student residing

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within the district's attendance area if the student meets at

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least one of the following conditions:

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     (a) The student has spent the prior school year in

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attendance at a public school in this state and was enrolled and

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reported by a public school district for funding during the

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preceding October and February for purposes of the Florida

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Education Finance Program surveys; or

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     (b) The student was enrolled during the prior school year

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in a school district virtual instruction program under this

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section or a K-8 Virtual School Program under s. 1002.415.

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     (6) STUDENT PARTICIPATION REQUIREMENTS.--Each student

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enrolled in a school district virtual instruction program must:

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(a) Comply with the compulsory attendance requirements of

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s. 1003.21. Student attendance must be verified by the school

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district.

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     (b) Take state assessment tests within the school district

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where such student resides, which must provide the student with

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access to the district's testing facilities.

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     (7) FUNDING.--

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     (a) For purposes of a district virtual instruction program,

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"full-time equivalent student" has the same meaning as provided

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in s.1011.61(1)(c)1.b.(III) or (IV).

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     (b) The school district shall report full-time equivalent

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students for the school district virtual instruction program to

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the department only in a manner prescribed by the department, and

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funding shall be provided through the Florida Education Finance

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Program.

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     (8) ASSESSMENT AND ACCOUNTABILITY.--

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     (a) Each school district virtual instruction program

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provider must:

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     1. Participate in the statewide assessment program under s.

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1008.22 and in the state's education performance accountability

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system under s. 1008.31.

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     2. Receive a school grade as provided in s. 1008.34.

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     (b) A program that is designated with a grade of "D,"

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making less than satisfactory progress, or "F," failing to make

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adequate progress, must file a school improvement plan with the

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department for consultation to determine the causes for low

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performance and to develop a plan for correction and improvement.

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     (c) The school district shall terminate its program or its

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provider's contract for any program that is designated with the

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grade of "D," making less than satisfactory progress, or "F,"

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failing to make adequate progress, for 2 years during any

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consecutive 4-year period.

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

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under ss. 120.536(1) and 120.54 to administer this section.

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     Section 2.  Paragraph (c) of subsection (1) of section

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1011.61, Florida Statutes, is amended to read:

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     1011.61  Definitions.--Notwithstanding the provisions of s.

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1000.21, the following terms are defined as follows for the

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purposes of the Florida Education Finance Program:

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

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district is defined in terms of full-time students and part-time

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students as follows:

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

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

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s. 1011.62(1)(c); or

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

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

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equivalent of one full-time student based on the following

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calculations:

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

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student or a senior high school student enrolled in adult

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education when such courses are required for high school

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graduation, in a combination of programs listed in s.

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

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membership in each special program equal to the number of net

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

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the appropriate number of hours set forth in subparagraph (a)1.

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or subparagraph (a)2. The difference between that fraction or sum

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of fractions and the maximum value as set forth in subsection (4)

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for each full-time student is presumed to be the balance of the

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student's time not spent in such special education programs and

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shall be recorded as time in the appropriate basic program.

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     (II)  A prekindergarten handicapped student shall meet the

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requirements specified for kindergarten students.

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     (III) A full-time equivalent student for students in grades

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K-8 in a school district virtual instruction program as provided

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in s. 1002.45 shall consist of a student who has successfully

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completed a basic program listed in s. 1011.62(1)(c)1.a. or b.,

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and who is promoted to a higher grade level.

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     (IV) A full-time equivalent student for students in grades

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9-12 in a school district virtual instruction program as provided

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in s. 1002.45 shall consist of six full credit completions in

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

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can be a combination of either full credits or half credits.

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

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student shall consist of six full credit completions in the

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

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can be a combination of either full credits or half credits.

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

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

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equivalent membership equal to the number of instructional hours

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in membership divided by the appropriate number of hours set

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

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subparagraph, membership in programs scheduled for more than 180

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days is limited to students enrolled in juvenile justice

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education programs and the Florida Virtual School.

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The department shall determine and implement an equitable method

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of equivalent funding for experimental schools and for schools

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operating under emergency conditions, which schools have been

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approved by the department to operate for less than the minimum

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school day.

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     Section 3.  This act shall take effect July 1, 2008.