| 1 | Representative Pickens offered the following: |
| 2 |
|
| 3 | Amendment to Senate Amendment (034724) (with title |
| 4 | amendment) |
| 5 | Remove lines 67-228 and insert: |
| 6 | (1) PROGRAM.-- |
| 7 | (a) Beginning with the 2009-2010 school year, each school |
| 8 | district shall provide students the option of participating in a |
| 9 | virtual instruction program. The purpose of the program is to |
| 10 | make virtual instruction available to full-time students in the |
| 11 | school district based on the student's enrollment in full-time |
| 12 | virtual courses in kindergarten through grade 8 or in full-time |
| 13 | or part-time virtual courses in grades 9 through 12 as |
| 14 | authorized in paragraph (7)(c). |
| 15 | (b) Each school district's virtual instruction program may |
| 16 | consist of one or more schools that are operated by the district |
| 17 | or by contracted providers approved by the Department of |
| 18 | Education under subsection (2). School districts may participate |
| 19 | in multi-district contractual arrangements, which may include |
| 20 | contracts executed by a regional consortium for its member |
| 21 | districts, to provide such programs. |
| 22 | (c)1. A charter school may enter into a joint agreement |
| 23 | with the school district in which it is located for the charter |
| 24 | school's students to participate in an approved district virtual |
| 25 | instruction program. |
| 26 | 2. If a charter school does not want to participate in the |
| 27 | school district virtual instruction program under subparagraph |
| 28 | 1., the charter school may submit a request to the Commissioner |
| 29 | of Education for participation by its students in the K-8 |
| 30 | Virtual School Program under s. 1002.415. |
| 31 | (2) PROVIDER QUALIFICATIONS.--On or before March 1, 2009, |
| 32 | and annually thereafter, the department shall provide school |
| 33 | districts with a list of providers approved to offer virtual |
| 34 | instruction. To be approved by the department, a contract |
| 35 | provider must annually document that it: |
| 36 | (a) Is nonsectarian in its programs, admission policies, |
| 37 | employment practices, and operations; |
| 38 | (b) Complies with the antidiscrimination provisions of s. |
| 39 | 1000.05; |
| 40 | (c) Locates an administrative office or offices in this |
| 41 | state, requires its administrative staff to be state residents, |
| 42 | and requires all instructional staff members to be Florida- |
| 43 | certified teachers; |
| 44 | (d) Possesses prior, successful experience offering online |
| 45 | courses to elementary, middle, or high school students; |
| 46 | (e) Utilizes an instructional model that relies on |
| 47 | certified teachers, not parents, to provide at least 85 percent |
| 48 | of the instruction to the student; |
| 49 | (f) Is accredited by the Commission on Colleges of the |
| 50 | Southern Association of Colleges and Schools, the Middle States |
| 51 | Association of Colleges and Schools, the North Central |
| 52 | Association of Colleges and Schools, or the New England |
| 53 | Association of Colleges and Schools; and |
| 54 | (g) Complies with all requirements under this section. |
| 55 | |
| 56 | Notwithstanding this subsection, approved providers of virtual |
| 57 | instruction shall include the Florida Virtual School established |
| 58 | under s. 1002.37 and providers that operate under s. 1002.415. |
| 59 | (3) SCHOOL DISTRICT VIRTUAL INSTRUCTION PROGRAM |
| 60 | REQUIREMENTS.--Each virtual instruction program operated or |
| 61 | contracted by a school district must: |
| 62 | (a) Require all instructional staff to be certified |
| 63 | professional educators under chapter 1012. |
| 64 | (b) Conduct a background screening of all employees or |
| 65 | contracted personnel, as required by s. 1012.32, using state and |
| 66 | national criminal history records. |
| 67 | (c) Align virtual course curriculum and course content to |
| 68 | the Sunshine State Standards under s. 1003.41. |
| 69 | (d) Offer instruction that is designed to enable a student |
| 70 | to gain proficiency in each virtually delivered course of study. |
| 71 | (e) Provide each student enrolled in the program with all |
| 72 | the necessary instructional materials. |
| 73 | (f) Provide, when appropriate, each household having a |
| 74 | full-time student enrolled in the program with: |
| 75 | 1. All equipment necessary for participants in the school |
| 76 | district virtual instruction program, including, but not limited |
| 77 | to, a computer, computer monitor, and printer; and |
| 78 | 2. Access to or reimbursement for all Internet services |
| 79 | necessary for online delivery of instruction. |
| 80 | (g) Not require tuition or student registration fees. |
| 81 | (4) PROGRAM CAPACITY; ENROLLMENT.--Beginning with the |
| 82 | 2010-2011 school year, except for courses offered by the Florida |
| 83 | Virtual School under s. 1002.37, a school district may not |
| 84 | increase the enrollment for its full-time virtual instruction |
| 85 | program in excess of its prior school year enrollment unless the |
| 86 | program for the previous school year is designated with a grade |
| 87 | of "C," making satisfactory progress, or better under the school |
| 88 | grading system provided in s. 1008.34. |
| 89 | (5) STUDENT ELIGIBILITY.--Enrollment in a school district |
| 90 | virtual instruction program is open to any student residing |
| 91 | within the district's attendance area if the student meets at |
| 92 | least one of the following conditions: |
| 93 | (a) The student has spent the prior school year in |
| 94 | attendance at a public school in this state and was enrolled and |
| 95 | reported by a public school district for funding during the |
| 96 | preceding October and February for purposes of the Florida |
| 97 | Education Finance Program surveys. |
| 98 | (b) The student is a dependent child of a member of the |
| 99 | United States Armed Forces who was transferred within the last |
| 100 | 12 months to this state from another state or from a foreign |
| 101 | country pursuant to the parent's permanent change of station |
| 102 | orders. |
| 103 | (c) The student was enrolled during the prior school year |
| 104 | in a school district virtual instruction program under this |
| 105 | section or a K-8 Virtual School Program under s. 1002.415. |
| 106 | (6) STUDENT PARTICIPATION REQUIREMENTS.--Each student |
| 107 | enrolled in a school district virtual instruction program must: |
| 108 | (a) Comply with the compulsory attendance requirements of |
| 109 | s. 1003.21. Student attendance must be verified by the school |
| 110 | district. |
| 111 | (b) Take state assessment tests within the school district |
| 112 | in which such student resides, which must provide the student |
| 113 | with access to the district's testing facilities. |
| 114 | (7) FUNDING.-- |
| 115 | (a) For purposes of a district virtual instruction |
| 116 | program, "full-time equivalent student" has the same meaning as |
| 117 | provided in s. 1011.61(1)(c)1.b.(III) or (IV). |
| 118 | (b) The school district shall report full-time equivalent |
| 119 | students for the school district virtual instruction program and |
| 120 | for a charter school's students who participate under paragraph |
| 121 | (1)(c) to the department only in a manner prescribed by the |
| 122 | department, and funding shall be provided through the Florida |
| 123 | Education Finance Program. |
| 124 | (c) Full-time or part-time school district virtual |
| 125 | instruction program courses provided under this section for |
| 126 | students in grades 9 through 12 are limited to Department of |
| 127 | Juvenile Justice programs and dropout prevention programs. |
| 128 | (d) If a charter school's students participate in the K-8 |
| 129 | Virtual School Program under subparagraph (1)(c)2., the school |
| 130 | district shall remit payment to the provider instructing the |
| 131 | students in the amount per full-time equivalent student |
| 132 | established in the General Appropriations Act pursuant to s. |
| 133 | 1002.415(6)(a). Any funds received in excess of such amount |
| 134 | shall be retained by the school district reporting the charter |
| 135 | school's full-time equivalent students under paragraph (b). |
| 136 | (8) ASSESSMENT AND ACCOUNTABILITY.-- |
| 137 | (a) With the exception of the programs offered by the |
| 138 | Florida Virtual School under s. 1002.37, each school district |
| 139 | virtual instruction program must: |
| 140 | 1. Participate in the statewide assessment program under |
| 141 | s. 1008.22 and in the state's education performance |
| 142 | accountability system under s. 1008.31. |
| 143 | 2. Receive a school grade as provided in s. 1008.34. A |
| 144 | school district virtual instruction program shall be considered |
| 145 | a school under s. 1008.34 for purposes of this section, |
| 146 | regardless of the number of individual providers participating |
| 147 | in the district's program. |
| 148 | (b) The performance of part-time students under paragraph |
| 149 | (7)(c) shall not be included for purposes of school grading |
| 150 | under subparagraph (a)2.; however, their performance shall be |
| 151 | included for school grading purposes by the nonvirtual school |
| 152 | providing the student's primary instruction. |
| 153 | (c) A program that is designated with a grade of "D," |
| 154 | making less than satisfactory progress, or "F," failing to make |
| 155 | adequate progress, must file a school improvement plan with the |
| 156 | department for consultation to determine the causes for low |
| 157 | performance and to develop a plan for correction and |
| 158 | improvement. |
| 159 | (d) The school district shall terminate its program, |
| 160 | including all contracts with providers for such program, if the |
| 161 | program receives a grade of "D," making less than satisfactory |
| 162 | progress, or "F," failing to make adequate progress, for 2 years |
| 163 | during any consecutive 4-year period. If a contract is not |
| 164 | renewed or is terminated, the contracted provider is responsible |
| 165 | for all debts of the program or school operated by the provider. |
| 166 | (e) A school district that terminates its program under |
| 167 | paragraph (d) shall contract with a provider operating under s. |
| 168 | 1002.37 or s. 1002.415 for the provision of virtual instruction |
| 169 | until the school district receives approval from the department |
| 170 | to operate a new school district virtual instruction program. |
| 171 | (f) A school district virtual instruction program must |
| 172 | have a sufficient number of students enrolled in each grade for |
| 173 | a grade to be assigned to the program pursuant to s. 1008.34 and |
| 174 | State Board of Education rule. |
| 175 | (9) EXCEPTIONS.--A provider of digital or online content |
| 176 | or curriculum that is used to supplement the instruction of |
| 177 | students who are not enrolled in a virtual instruction program |
| 178 | under this section is not required to meet the requirements of |
| 179 | this section. |
| 180 | (10) MARKETING.--Any information provided to parents and |
| 181 | students regarding a school district's virtual instruction |
| 182 | program must include information about opportunities available |
| 183 | at, and the parent's and student's right to access courses |
| 184 | offered by, the Florida Virtual School under s. 1002.37. |
| 185 | (11) 2008-2009 SCHOOL DISTRICT VIRTUAL INSTRUCTION |
| 186 | PROGRAM.--For the 2008-2009 school year, each school district in |
| 187 | the state may offer a school district virtual instruction |
| 188 | program to provide full-time virtual courses in kindergarten |
| 189 | through grade 8 or to provide full-time or part-time virtual |
| 190 | courses in grades 9 through 12 as authorized in paragraph |
| 191 | (7)(c). Such program may be operated or contracted as provided |
| 192 | under paragraph (1)(b) and must comply with all requirements of |
| 193 | this section, except that contracts under this subsection may |
| 194 | only be issued to providers under ss. 1002.37 or 1002.415. |
| 195 | (12) RULES.--The State Board of Education shall adopt rules |
| 196 | necessary to administer this section, including rules that |
| 197 | prescribe school district and charter school reporting |
| 198 | requirements. |
| 199 | Section 5. Subsection (14) of section 1003.01, Florida |
| 200 | Statutes, is amended to read: |
| 201 | 1003.01 Definitions.--As used in this chapter, the term: |
| 202 | (14) "Core-curricula courses" means courses defined by the |
| 203 | Department of Education as mathematics, language arts/reading, |
| 204 | science, social studies, foreign language, English for Speakers |
| 205 | of Other Languages, exceptional student education, and courses |
| 206 | taught in traditional self-contained elementary school |
| 207 | classrooms. The term is limited in meaning and used for the sole |
| 208 | purpose of designating classes that are subject to the maximum |
| 209 | class size requirements established in s. 1, Art. IX of the |
| 210 | State Constitution. This term does not include courses offered |
| 211 | under ss. 1002.37, 1002.415, and 1002.45. |
| 212 |
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| 213 | ----------------------------------------------------- |
| 214 | T I T L E A M E N D M E N T |
| 215 | Remove lines 300-336 and insert: |
| 216 | provide students the option of participating in a virtual |
| 217 | instruction program beginning with the 2009-2010 school year; |
| 218 | providing a purpose; authorizing a school district to implement |
| 219 | virtual instruction programs through district-operated programs |
| 220 | or programs provided by contracted providers approved by the |
| 221 | Department of Education; authorizing a school district to |
| 222 | participate in multi-district contractual arrangements; |
| 223 | authorizing a charter school to enter into a joint agreement for |
| 224 | charter school students to participate in an approved district |
| 225 | virtual instruction program or to request participation in the |
| 226 | K-8 Virtual School Program; requiring contract providers to meet |
| 227 | certain qualifications; providing an exemption from such |
| 228 | qualifications for the Florida Virtual School and K-8 Virtual |
| 229 | School Program providers; requiring each virtual instruction |
| 230 | program operated or contracted by a school district to meet |
| 231 | certain requirements; prohibiting a school district from |
| 232 | increasing its enrollment in a virtual education program in |
| 233 | excess of the prior year's enrollment unless the program |
| 234 | achieves a certain performance grade under the school grading |
| 235 | system; providing an exemption for such prohibition for the |
| 236 | Florida Virtual School; specifying eligibility requirements for |
| 237 | students to participate in a district virtual instruction |
| 238 | program; specifying participation requirements for enrolled |
| 239 | students; defining the term "full-time equivalent student"; |
| 240 | providing that specified virtual instruction programs be funded |
| 241 | through the Florida Education Finance Program; limiting virtual |
| 242 | program instruction courses for students in grades 9 through 12; |
| 243 | providing for payment by school district for charter school |
| 244 | students participating in K-8 Virtual School Program; providing |
| 245 | for school district retention of specified excess funds; |
| 246 | requiring participation in the statewide assessment program and |
| 247 | education performance accountability system; requiring a school |
| 248 | improvement plan or program termination under specified |
| 249 | circumstances; exempting certain providers from the act; |
| 250 | requiring school districts to include certain information about |
| 251 | the Florida Virtual School in information provided to parents |
| 252 | and students about the district's virtual instruction program; |
| 253 | authorizing school districts to offer specified virtual |
| 254 | instruction programs in the 2008-2009 school year; requiring the |
| 255 | State |
| 256 |
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