HB 7067

1
A bill to be entitled
2An act relating to virtual education; amending s. 1000.04,
3F.S.; providing that K-8 virtual schools are public K-12
4schools; amending ss. 1002.20 and 1002.31, F.S.; providing
5that K-8 virtual schools are a public school choice
6option; amending s. 1002.415, F.S.; establishing the
7school district K-8 Virtual School Program; requiring
8school districts to offer a K-8 Virtual School Program
9beginning with the 2009-2010 school year; authorizing
10school districts to offer such program for the 2008-2009
11school year; authorizing the provision of specified online
12instruction to students in grades 6 through 8 through a
13franchise agreement with the Florida Virtual School;
14specifying qualifications for and requiring Department of
15Education approval of contracted providers; requiring
16department approval for district programs; specifying
17requirements for a K-8 virtual school relating to
18employees, curriculum, equipment, and fees; requiring
19specified capacity and limiting future enrollment
20increases; providing student eligibility and enrollment
21requirements; requiring student compliance with specified
22attendance provisions; requiring students to take state
23assessment tests; providing funding through the Florida
24Education Finance Program for district K-8 Virtual School
25Programs; requiring K-8 virtual schools to participate in
26the state assessment program and education performance
27accountability system and receive school grades; requiring
28school improvement plans for schools that receive
29specified grades; requiring annual department review and
30reporting of student performance; specifying reasons for
31nonrenewal or termination of provider contracts; providing
32for continuation of existing K-8 virtual schools under
33contract with the department for specified students;
34providing requirements for the funding of such schools;
35requiring rulemaking; amending s. 1003.01, F.S.; amending
36the definition of the term "core-curricula courses" to
37exclude Florida Virtual School and K-8 Virtual School
38Program courses; amending s. 1011.61, F.S.; defining a K-8
39virtual school full-time equivalent student; providing
40effective dates.
41
42Be It Enacted by the Legislature of the State of Florida:
43
44     Section 1.  Effective July 1, 2009, subsection (1) of
45section 1000.04, Florida Statutes, is amended to read:
46     1000.04  Components for the delivery of public education
47within the Florida K-20 education system.--Florida's K-20
48education system provides for the delivery of public education
49through publicly supported and controlled K-12 schools,
50community colleges, state universities and other postsecondary
51educational institutions, other educational institutions, and
52other educational services as provided or authorized by the
53Constitution and laws of the state.
54     (1)  PUBLIC K-12 SCHOOLS.--The public K-12 schools include
55charter schools and consist of kindergarten classes; elementary,
56middle, and high school grades and special classes; K-8 virtual
57schools; workforce education; career centers; adult, part-time,
58and evening schools, courses, or classes, as authorized by law
59to be operated under the control of district school boards; and
60lab schools operated under the control of state universities.
61     Section 2.  Effective July 1, 2009, paragraph (a) of
62subsection (6) of section 1002.20, Florida Statutes, is amended
63to read:
64     1002.20  K-12 student and parent rights.--Parents of public
65school students must receive accurate and timely information
66regarding their child's academic progress and must be informed
67of ways they can help their child to succeed in school. K-12
68students and their parents are afforded numerous statutory
69rights including, but not limited to, the following:
70     (6)  EDUCATIONAL CHOICE.--
71     (a)  Public school choices.--Parents of public school
72students may seek whatever public school choice options that are
73applicable to their students and are available to students in
74their school districts. These options may include controlled
75open enrollment, lab schools, K-8 virtual schools, charter
76schools, charter technical career centers, magnet schools,
77alternative schools, special programs, advanced placement, dual
78enrollment, International Baccalaureate, International General
79Certificate of Secondary Education (pre-AICE), Advanced
80International Certificate of Education, early admissions, credit
81by examination or demonstration of competency, the New World
82School of the Arts, the Florida School for the Deaf and the
83Blind, and the Florida Virtual School. These options may also
84include the public school choice options of the Opportunity
85Scholarship Program and the McKay Scholarships for Students with
86Disabilities Program.
87     Section 3.  Effective July 1, 2009, subsections (2) and (8)
88of section 1002.31, Florida Statutes, are amended to read:
89     1002.31  Public school parental choice.--
90     (2)  Each district school board may offer controlled open
91enrollment within the public schools. The controlled open
92enrollment program shall be offered in addition to the existing
93choice programs such as K-8 virtual schools, magnet schools,
94alternative schools, special programs, advanced placement, and
95dual enrollment.
96     (8)  Each district school board shall annually report the
97number of students applying for and attending the various types
98of public schools of choice in the district, including schools
99such as K-8 virtual schools, magnet schools, and public charter
100schools, according to rules adopted by the State Board of
101Education.
102     Section 4.  Section 1002.415, Florida Statutes, is amended
103to read:
104(Substantial rewording of section. See
105s. 1002.415, F.S., for present text.)
106     1002.415  School district K-8 Virtual School Program.--
107     (1)  PROGRAM.--
108     (a)  Beginning with the 2009-2010 school year, each school
109district in the state shall offer a K-8 Virtual School Program
110that serves students residing within the district's attendance
111area. The purpose of the program is to make academic instruction
112available to full-time students in kindergarten through grade 8
113using online and distance learning technology.
114     (b)  Each school district's program may consist of one or
115more schools operated by the district or by contracted providers
116approved by the department under subsection (2). School
117districts may participate in multi-district contractual
118arrangements, which may include contracts executed by a regional
119consortium for its member districts, for provision of the
120schools.
121     (c)  Each K-8 virtual school operated or contracted under
122this section must have a sufficient number of students enrolled
123in each grade to permit a school grade to be assigned to the
124school pursuant to s. 1008.34 and State Board of Education rule.
125     (d)  Notwithstanding any other provision of this section, a
126school district shall be in compliance with the requirements of
127this section for students in grades 6 through 8 if it offers a
128full-time, 180-day program of online academic instruction to
129such students pursuant to a franchise agreement with the Florida
130Virtual School under s. 1002.37. Such school district must still
131comply with the requirements of this section for students in
132kindergarten through grade 5.
133     (2)  PROVIDER QUALIFICATIONS.--On or before March 1, 2009,
134and annually thereafter, the department shall provide school
135districts with a list of providers approved to contract with one
136or more school districts or regional consortia for the operation
137of one or more K-8 virtual schools. To be approved by the
138department, each provider must annually document that it:
139     (a)  Is nonsectarian in its programs, admission policies,
140employment practices, and operations.
141     (b)  Complies with the antidiscrimination provisions of s.
1421000.05.
143     (c)  Locates its administrative office in this state and
144requires its administrative and instructional staff members to
145be state residents.
146     (d)  Possesses prior, successful experience offering online
147courses to elementary, middle, or high school students.
148     (e)  Is accredited by the Commission on Colleges of the
149Southern Association of Colleges and Schools, the Middle States
150Association of Colleges and Schools, the North Central
151Association of Colleges and Schools, the New England Association
152of Schools and Colleges, or the Commission on International and
153Trans-Regional Accreditation.
154     (f)  Is capable of complying with all requirements for a K-
1558 virtual school under this section.
156     (3)  PROGRAM APPROVAL.--Each school district shall submit a
157description of its proposed 2009-2010 K-8 Virtual School Program
158to the department in a manner and by a deadline prescribed by
159the department. Students may not be enrolled in the program
160until it is approved by the department.
161     (4)  K-8 VIRTUAL SCHOOL REQUIREMENTS.--Each K-8 virtual
162school operated or contracted by a school district or regional
163consortium must:
164     (a)  Require all members of the school's instructional
165staff to be certified professional educators under the
166provisions of chapter 1012.
167     (b)  Conduct background screening of all of the school's
168employees as required by s. 1012.32.
169     (c)  Align its curriculum and course content to the
170Sunshine State Standards under s. 1003.41.
171     (d)  Offer an online program of instruction that is full
172time and of 180 days' duration.
173     (e)  Provide each student enrolled in the virtual school
174with:
175     1.  All necessary instructional materials.
176     2.  All equipment, including, but not limited to, a
177computer, computer monitor, and printer for each household that
178has a student enrolled in the virtual school.
179     3.  Access to or reimbursement for all Internet services
180necessary for online delivery of instruction for each household
181that has a student enrolled in the virtual school.
182     (f)  Not require tuition or student registration fees.
183     (5)  PROGRAM CAPACITY; ENROLLMENT.--
184     (a)  Each school district's K-8 Virtual School Program must
185have at least the capacity to serve the greater of the following
186number of students:
187     1.  One-quarter of 1 percent of the school district's total
188population of public school students in kindergarten through
189grade 8; or
190     2.  The number of students who reside in the district and
191were enrolled during the prior school year in a K-8 virtual
192school under this section.
193     (b)  Each school district's K-8 Virtual School Program
194shall enroll eligible students who meet the profile for success
195in this educational delivery context and who submit timely
196applications, prioritized in accordance with paragraph (6)(b),
197unless the number of such applications exceeds the capacity of
198the program. In such case, students who have submitted timely
199applications shall have an equal chance of being admitted
200through a random selection process.
201     (c)  Beginning with the 2010-2011 school year and
202continuing thereafter, the enrollment for a K-8 virtual school
203may not be increased in excess of its prior school year
204enrollment unless the school has achieved a school grade of "C"
205or better under the school grading system created under s.
2061008.34.
207     (6)  STUDENT ELIGIBILITY; PRIORITY.--
208     (a)  Enrollment in a K-8 Virtual School Program is open to
209any K-8 student residing within the district's attendance area
210if the student meets at least one of the following conditions:
211     1.  Spent the prior school year in attendance at a public
212school in this state and was enrolled and reported by a public
213school district for funding during the preceding October and
214February for purposes of the Florida Education Finance Program
215surveys;
216     2.  Was enrolled during the prior school year in a K-8
217virtual school under this section;
218     3.  Has a sibling who is currently enrolled in a K-8
219virtual school under this section and was enrolled at the end of
220the prior school year; or
221     4.  Is a dependent child of a member of the United States
222Armed Forces who was transferred within the past 12 months to
223this state from out of state or from a foreign country pursuant
224to a parent's permanent change of station orders.
225     (b)  Priority for admission to a K-8 virtual school shall
226be given to:
227     1.  Students who were enrolled during the prior school year
228in a K-8 virtual school under this section.
229     2.  The siblings of students under subparagraph 1.
230     3.  Students who need access to a K-8 virtual school in
231order to meet their educational needs and goals in a home
232environment.
233     4.  Students who are eligible under subparagraph (a)4.
234     5.  Students seeking accelerated access to move at their
235own pace in their educational progress.
236     (7)  STUDENT PARTICIPATION REQUIREMENTS.--Each student
237enrolled in a K-8 virtual school must:
238     (a)  Comply with the compulsory attendance requirements of
239s. 1003.21. Student attendance must be verified by the school
240district.
241     (b)  Take state assessment tests within the student's
242school district of residence, which must provide that student
243with access to the district's testing facilities.
244     (8)  FUNDING.--
245     (a)  A "full-time equivalent student" for a K-8 Virtual
246School Program shall be as defined in s. 1011.61(1)(c)1.b.(III).
247     (b)  Full-time equivalent students for a K-8 Virtual School
248Program shall be reported only by the school district to the
249department in the manner prescribed by the department and shall
250be funded through the Florida Education Finance Program.
251     (c)  In addition to the funds provided in the General
252Appropriations Act, a school district may receive other funds
253from grants and donations for its K-8 Virtual School Program.
254     (9)  ASSESSMENT AND ACCOUNTABILITY.--
255     (a)  Each K-8 virtual school must:
256     1.  Participate in the statewide assessment program created
257under s. 1008.22 and in the state's education performance
258accountability system created under s. 1008.31.
259     2.  Receive a school grade under s. 1008.34.
260     (b)  A K-8 virtual school that has a school grade of "D" or
261"F" must file a school improvement plan with the department for
262consultation to determine the causes for low performance and to
263develop a plan for correction and improvement.
264     (c)  If a K-8 virtual school receives a school grade of "D"
265or "F" for 2 years during any consecutive 4-year period:
266     1.  The school district or regional consortium shall
267terminate the contract for a provider-operated school.
268     2.  The school district shall terminate operation of a
269district-operated school and the school district or regional
270consortium shall contract for a provider-operated school for the
271next school year.
272     (d)  The department shall annually review each school
273district's K-8 Virtual School Program and provide a report to
274the State Board of Education, the Governor, and the presiding
275officers of the Legislature that:
276     1.  Analyzes the overall performance of students enrolled
277in each school district's K-8 Virtual School Program as compared
278to the overall performance of students in grades kindergarten
279through 8 who are enrolled in:
280     a.  The school district's nonvirtual public schools.
281     b.  Other school district K-8 Virtual School Programs.
282     2.  Analyzes and aggregates the overall performance of
283students enrolled in K-8 virtual schools statewide according to
284each contracted provider.
285     (10)  CAUSES FOR NONRENEWAL OR TERMINATION OF A CONTRACT.--
286     (a)  A school district or regional consortium may choose to
287not renew or to terminate a contract during its term for a K-8
288virtual school on the following grounds:
289     1.  Failure to comply with paragraph (9)(a);
290     2.  Failure to annually receive approval from the
291department under subsection (2);
292     3.  Failure to meet generally accepted standards of fiscal
293management;
294     4.  Violation of law;
295     5.  Failure of the Legislature to fund the program; or
296     6.  Any ground for nonrenewal or termination specified in
297the contract.
298     (b)  A school district or regional consortium shall
299terminate a contract for a K-8 virtual school as provided under
300paragraph (9)(c).
301     (c)  If a contract is not renewed or is terminated, the
302contracted provider of the K-8 virtual school is responsible for
303all debts of the school.
304     (d)  If a contract is not renewed or is terminated, a
305student who attended the K-8 virtual school must be allowed to
306enroll in:
307     1.  Another K-8 virtual school offered by the school
308district;
309     2.  The public school to which the student would be
310assigned according to the school district's attendance area
311policies; or
312     3.  A public school that the student could choose to attend
313under district or interdistrict controlled open enrollment
314provisions.
315     (11)  CONTINUITY OF EXISTING SCHOOLS.--
316     (a)  Subject to appropriation, the two K-8 virtual schools
317operated under this section during the 2007-2008 school year by
318providers under contract with the department may continue
319operation under contract with the department during the 2008-
3202009 school year and thereafter. These schools must comply with
321the requirements of subsections (2) and (4) and paragraphs
322(9)(a) and (b) and may only enroll students described in
323subparagraph (b)1.
324     (b)  The parent of a student who was enrolled in a K-8
325virtual school under this section during the 2007-2008 school
326year may choose to:
327     1.  Continue the student's enrollment and enroll the
328student's siblings in that school for the 2008-2009 school year
329and thereafter if the school district in which the parent
330resides does not offer a K-8 virtual school operated by the same
331provider; or
332     2.  Enroll the student in a K-8 virtual school offered by
333the school district in which the parent resides.
334     (c)  State funding for students enrolled in a K-8 virtual
335school under subparagraph (b)1. shall be based on a total
336program enrollment and an amount per full-time equivalent
337student established annually in the General Appropriations Act.
338Upon documentation of proper student enrollment, which must be
339reviewed and approved by the department, payments shall be made
340to the provider in four equal payments no later than September
3411, November 1, February 1, and April 15 of each academic year.
342The initial payment shall be made after the department verifies
343each student's admission to the school, and subsequent payments
344shall be made upon verification of the continued enrollment and
345attendance of the student.
346     (d)  Students enrolled under subparagraph (b)1. must comply
347with the requirements of subsection (7).
348     (12)  2008-2009 DISTRICT PROGRAM.--
349     (a)  For the 2008-2009 school year, each school district in
350the state may offer a K-8 Virtual School Program that serves
351students residing within the district's attendance area. Each
352school district's program may consist of one or more schools
353operated by the district or by a contracted provider that
354operated a K-8 virtual school under this section during the
3552007-2008 school year. School districts may participate in
356multi-district contractual arrangements, which may include
357contracts executed by a regional consortium for its member
358districts, for provision of the schools.
359     (b)  A K-8 virtual school under this subsection must comply
360with the requirements of paragraph (1)(c) and subsections (4),
361(6), (8), (9), and (10).
362     (c)  Students enrolled in a K-8 virtual school under this
363subsection must comply with the requirements of subsection (7).
364     (13)  RULES.--The State Board of Education shall adopt
365rules under ss. 120.536(1) and 120.54 to administer this
366section.
367     Section 5.  Subsection (14) of section 1003.01, Florida
368Statutes, is amended to read:
369     1003.01  Definitions.--As used in this chapter, the term:
370     (14)  "Core-curricula courses" means courses defined by the
371Department of Education as mathematics, language arts/reading,
372science, social studies, foreign language, English for Speakers
373of Other Languages, exceptional student education, and courses
374taught in traditional self-contained elementary school
375classrooms. The term is limited in meaning and used for the sole
376purpose of designating classes that are subject to the maximum
377class size requirements established in s. 1, Art. IX of the
378State Constitution. This term does not include courses offered
379under s. 1002.37 or s. 1002.415.
380     Section 6.  Paragraph (c) of subsection (1) of section
3811011.61, Florida Statutes, is amended to read:
382     1011.61  Definitions.--Notwithstanding the provisions of s.
3831000.21, the following terms are defined as follows for the
384purposes of the Florida Education Finance Program:
385     (1)  A "full-time equivalent student" in each program of
386the district is defined in terms of full-time students and part-
387time students as follows:
388     (c)1.  A "full-time equivalent student" is:
389     a.  A full-time student in any one of the programs listed
390in s. 1011.62(1)(c); or
391     b.  A combination of full-time or part-time students in any
392one of the programs listed in s. 1011.62(1)(c) which is the
393equivalent of one full-time student based on the following
394calculations:
395     (I)  A full-time student, except a postsecondary or adult
396student or a senior high school student enrolled in adult
397education when such courses are required for high school
398graduation, in a combination of programs listed in s.
3991011.62(1)(c) shall be a fraction of a full-time equivalent
400membership in each special program equal to the number of net
401hours per school year for which he or she is a member, divided
402by the appropriate number of hours set forth in subparagraph
403(a)1. or subparagraph (a)2. The difference between that fraction
404or sum of fractions and the maximum value as set forth in
405subsection (4) for each full-time student is presumed to be the
406balance of the student's time not spent in such special
407education programs and shall be recorded as time in the
408appropriate basic program.
409     (II)  A prekindergarten handicapped student shall meet the
410requirements specified for kindergarten students.
411     (III)  A K-8 virtual school full-time equivalent student
412shall consist of a student who has successfully completed a
413basic program listed in s. 1011.62(1)(c)1.a. or b. and who is
414promoted to a higher grade level.
415     (IV)(III)  A Florida Virtual School full-time equivalent
416student shall consist of six full credit completions in the
417programs listed in s. 1011.62(1)(c)1. and 4. Credit completions
418can be a combination of either full credits or half credits.
419     2.  A student in membership in a program scheduled for more
420or less than 180 school days is a fraction of a full-time
421equivalent membership equal to the number of instructional hours
422in membership divided by the appropriate number of hours set
423forth in subparagraph (a)1.; however, for the purposes of this
424subparagraph, membership in programs scheduled for more than 180
425days is limited to students enrolled in juvenile justice
426education programs and the Florida Virtual School.
427
428The department shall determine and implement an equitable method
429of equivalent funding for experimental schools and for schools
430operating under emergency conditions, which schools have been
431approved by the department to operate for less than the minimum
432school day.
433     Section 7.  Except as otherwise expressly provided in this
434act, this act shall take effect July 1, 2008.


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