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Senator Wise moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Subsection (1) of section 1000.04, Florida

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Statutes, is amended to read:

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     1000.04  Components for the delivery of public education

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within the Florida K-20 education system.--Florida's K-20

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education system provides for the delivery of public education

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through publicly supported and controlled K-12 schools, community

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colleges, state universities and other postsecondary educational

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institutions, other educational institutions, and other

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educational services as provided or authorized by the

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Constitution and laws of the state.

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     (1)  PUBLIC K-12 SCHOOLS.--The public K-12 schools include

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charter schools and consist of kindergarten classes; elementary,

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middle, and high school grades and special classes; school

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district virtual instruction programs; workforce education;

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career centers; adult, part-time, and evening schools, courses,

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or classes, as authorized by law to be operated under the control

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of district school boards; and lab schools operated under the

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control of state universities.

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     Section 2.  Paragraph (a) of subsection (6) of section

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1002.20, Florida Statutes, is amended to read:

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     1002.20  K-12 student and parent rights.--Parents of public

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school students must receive accurate and timely information

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regarding their child's academic progress and must be informed of

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ways they can help their child to succeed in school. K-12

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students and their parents are afforded numerous statutory rights

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including, but not limited to, the following:

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     (6)  EDUCATIONAL CHOICE.--

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     (a)  Public school choices.--Parents of public school

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students may seek whatever public school choice options that are

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applicable to their students and are available to students in

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their school districts. These options may include controlled open

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enrollment, lab schools, school district virtual instruction

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programs, charter schools, charter technical career centers,

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magnet schools, alternative schools, special programs, advanced

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placement, dual enrollment, International Baccalaureate,

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International General Certificate of Secondary Education (pre-

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AICE), Advanced International Certificate of Education, early

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admissions, credit by examination or demonstration of competency,

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the New World School of the Arts, the Florida School for the Deaf

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and the Blind, and the Florida Virtual School. These options may

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also include the public school choice options of the Opportunity

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Scholarship Program and the McKay Scholarships for Students with

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Disabilities Program.

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     Section 3.  Subsections (2) and (8) of section 1002.31,

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Florida Statutes, are amended to read:

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     1002.31  Public school parental choice.--

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     (2)  Each district school board may offer controlled open

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enrollment within the public schools. The controlled open

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enrollment program shall be offered in addition to the existing

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choice programs such as virtual instruction programs, magnet

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schools, alternative schools, special programs, advanced

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placement, and dual enrollment.

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     (8)  Each district school board shall annually report the

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number of students applying for and attending the various types

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of public schools of choice in the district, including schools

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such as virtual instruction programs, magnet schools, and public

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charter schools, according to rules adopted by the State Board of

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Education.

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     Section 4.  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 2008-2009 school year,

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each school district shall provide students the option of

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participating in virtual instruction if they wish to do so. An

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eligible student must be a full-time student in the school

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district based on the student's enrollment in virtual courses or

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a combination of virtual courses and standard district courses.

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The purpose of the program is to make academic instruction

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available to full-time school district students who use online

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and distance learning technology and who are not taught in the

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traditional classroom. Each school district may implement its

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program through approved district-operated programs or programs

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by contracted providers approved by the Department of Education

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under subsection (2). School districts may participate in multi-

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district contractual arrangements to provide such programs. A

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school district and a charter school may enter into a joint

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agreement for charter school students to participate in an

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approved district virtual instruction program or enter into a

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district contract with an approved virtual instruction provider.

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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. To be approved by the

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department, a contract provider 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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The Florida Virtual School established under s. 1002.37 and the

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K-8 Virtual School Program approved under s. 1002.415, which

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provided virtual instruction during 2007-2008, are not subject to

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the provider qualifications of this subsection. The department

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may approve other providers who meet the requirements of this

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subsection prior to August 1, 2008.

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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, except for courses offered by the Florida

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Virtual School under s. 1002.37, a school district may not

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increase the enrollment for a virtual education program in excess

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of its prior school year enrollment unless the program is

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designated with a grade of "C," making satisfactory progress, or

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better under the 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; however, a student who is a

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dependent child of a member of the United States Armed Forces who

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was transferred within the last 12 months to this state from

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another state or from a foreign country pursuant to the parent's

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permanent change of station orders is not required to have been

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enrolled and reported for funding during the preceding school

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year; 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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     (c) For 2008-2009, school district virtual instruction

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program courses provided for students in grades 9 through 12 are

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limited to the following: Department of Juvenile Justice

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programs, credit recovery, alternative schools, and drop-out

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prevention.

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     (8) ASSESSMENT AND ACCOUNTABILITY.--

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     (a) With the exception of the programs offered by the

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Florida Virtual School under s. 1002.37, each school district

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virtual instruction program 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. A

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school district virtual instruction program shall be considered a

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school under s. 1008.34 for purposes of this section, regardless

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of the number of individual providers participating in the

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district's program.

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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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     (d) A school district virtual instruction program must have

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a sufficient number of students enrolled in each grade for a

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grade to be assigned to the program pursuant to s. 1008.34 and

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State Board of Education rule.

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     (e) If the district uses multiple providers, the district

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may choose to terminate the lowest performing providers.

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     (9) EXCEPTIONS.--A provider of digital or online content of

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curriculum that is used to supplement the instruction of students

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who are not enrolled in a virtual instruction program under this

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section is not required to meet the requirements of this section.

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     (10) 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 5.  Subsection (14) of section 1003.01, Florida

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Statutes, is amended to read:

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     1003.01  Definitions.--As used in this chapter, the term:

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     (14)  "Core-curricula courses" means courses defined by the

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Department of Education as mathematics, language arts/reading,

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science, social studies, foreign language, English for Speakers

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of Other Languages, exceptional student education, and courses

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taught in traditional self-contained elementary school

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classrooms. The term is limited in meaning and used for the sole

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purpose of designating classes that are subject to the maximum

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class size requirements established in s. 1, Art. IX of the State

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Constitution. This term does not include courses offered under

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ss. 1002.37 and 1002.45.

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     Section 6.  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 7.  This act shall take effect July 1, 2008.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to virtual instruction programs; amending

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s. 1000.04, F.S.; revising provisions relating to public

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K-12 schools to include school district virtual

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instruction programs; amending ss. 1002.20 and 1002.31,

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F.S.; conforming provisions to changes made by the act;

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creating s. 1002.45, F.S.; requiring a school district to

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provide a student the option of participating in virtual

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instruction if certain requirements are met; providing a

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purpose; authorizing a school district to implement

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virtual instruction programs by approved district-operated

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programs or programs provided by contracted providers if

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approved by the Department of Education; authorizing a

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school district to participate in multi-district

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contractual arrangements; authorizing a school district

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and a charter school to enter into a joint agreement for

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charter school students to participate in an approved

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district virtual instruction program or a contract with an

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approved virtual instruction provider; 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; providing an exemption

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from such qualifications for the Florida Virtual School

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and the K-8 Virtual School Program; 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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providing an exemption for such prohibition for the

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Florida Virtual School; requiring students enrolled in a

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virtual instruction program to meet certain requirements

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to participate in such program, except a dependent child

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of a member of the United States Armed Forces under

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certain circumstances; defining the term "full-time

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equivalent student"; providing that full-time equivalent

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students participating in a school district's virtual

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instruction program be funded through the Florida

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Education Finance Program; requiring that a program

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provider participate in the statewide assessment program

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and education performance accountability system and meet a

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certain performance grade; providing that certain

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providers are exempt from the act; requiring the State

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Board of Education to adopt rules; amending s. 1003.01,

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F.S.; revising the definition of "core-curricula courses";

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

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

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by the act; providing an effective date.

4/29/2008  3:18:00 PM     5-09057-08