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; providing for application of
36section; amending s. 1003.01, F.S.; amending the
37definition of the term "core-curricula courses" to exclude
38Florida Virtual School and K-8 Virtual School Program
39courses; amending s. 1011.61, F.S.; defining a K-8 virtual
40school full-time equivalent student; providing effective
41dates.
42
43Be It Enacted by the Legislature of the State of Florida:
44
45     Section 1.  Effective July 1, 2009, subsection (1) of
46section 1000.04, Florida Statutes, is amended to read:
47     1000.04  Components for the delivery of public education
48within the Florida K-20 education system.--Florida's K-20
49education system provides for the delivery of public education
50through publicly supported and controlled K-12 schools,
51community colleges, state universities and other postsecondary
52educational institutions, other educational institutions, and
53other educational services as provided or authorized by the
54Constitution and laws of the state.
55     (1)  PUBLIC K-12 SCHOOLS.--The public K-12 schools include
56charter schools and consist of kindergarten classes; elementary,
57middle, and high school grades and special classes; K-8 virtual
58schools; workforce education; career centers; adult, part-time,
59and evening schools, courses, or classes, as authorized by law
60to be operated under the control of district school boards; and
61lab schools operated under the control of state universities.
62     Section 2.  Effective July 1, 2009, paragraph (a) of
63subsection (6) of section 1002.20, Florida Statutes, is amended
64to read:
65     1002.20  K-12 student and parent rights.--Parents of public
66school students must receive accurate and timely information
67regarding their child's academic progress and must be informed
68of ways they can help their child to succeed in school. K-12
69students and their parents are afforded numerous statutory
70rights including, but not limited to, the following:
71     (6)  EDUCATIONAL CHOICE.--
72     (a)  Public school choices.--Parents of public school
73students may seek whatever public school choice options that are
74applicable to their students and are available to students in
75their school districts. These options may include controlled
76open enrollment, lab schools, K-8 virtual schools, charter
77schools, charter technical career centers, magnet schools,
78alternative schools, special programs, advanced placement, dual
79enrollment, International Baccalaureate, International General
80Certificate of Secondary Education (pre-AICE), Advanced
81International Certificate of Education, early admissions, credit
82by examination or demonstration of competency, the New World
83School of the Arts, the Florida School for the Deaf and the
84Blind, and the Florida Virtual School. These options may also
85include the public school choice options of the Opportunity
86Scholarship Program and the McKay Scholarships for Students with
87Disabilities Program.
88     Section 3.  Effective July 1, 2009, subsections (2) and (8)
89of section 1002.31, Florida Statutes, are amended to read:
90     1002.31  Public school parental choice.--
91     (2)  Each district school board may offer controlled open
92enrollment within the public schools. The controlled open
93enrollment program shall be offered in addition to the existing
94choice programs such as K-8 virtual schools, magnet schools,
95alternative schools, special programs, advanced placement, and
96dual enrollment.
97     (8)  Each district school board shall annually report the
98number of students applying for and attending the various types
99of public schools of choice in the district, including schools
100such as K-8 virtual schools, magnet schools, and public charter
101schools, according to rules adopted by the State Board of
102Education.
103     Section 4.  Section 1002.415, Florida Statutes, is amended
104to read:
105(Substantial rewording of section. See
106s. 1002.415, F.S., for present text.)
107     1002.415  School district K-8 Virtual School Program.--
108     (1)  PROGRAM.--
109     (a)  Beginning with the 2009-2010 school year, each school
110district in the state shall offer a K-8 Virtual School Program
111that serves students residing within the district's attendance
112area. The purpose of the program is to make academic instruction
113available to full-time students in kindergarten through grade 8
114using online and distance learning technology.
115     (b)  Each school district's program may consist of one or
116more schools operated by the district or by contracted providers
117approved by the department under subsection (2). School
118districts may participate in multi-district contractual
119arrangements, which may include contracts executed by a regional
120consortium for its member districts, for provision of the
121schools.
122     (c)  Each K-8 virtual school operated or contracted under
123this section must have a sufficient number of students enrolled
124in each grade to permit a school grade to be assigned to the
125school pursuant to s. 1008.34 and State Board of Education rule.
126     (d)  Notwithstanding any other provision of this section, a
127school district shall be in compliance with the requirements of
128this section for students in grades 6 through 8 if it offers a
129full-time, 180-day program of online academic instruction to
130such students pursuant to a franchise agreement with the Florida
131Virtual School under s. 1002.37. Such school district must still
132comply with the requirements of this section for students in
133kindergarten through grade 5.
134     (2)  PROVIDER QUALIFICATIONS.--On or before March 1, 2009,
135and annually thereafter, the department shall provide school
136districts with a list of providers approved to contract with one
137or more school districts or regional consortia for the operation
138of one or more K-8 virtual schools. To be approved by the
139department, each provider must annually document that it:
140     (a)  Is nonsectarian in its programs, admission policies,
141employment practices, and operations.
142     (b)  Complies with the antidiscrimination provisions of s.
1431000.05.
144     (c)  Locates its administrative office in this state and
145requires its administrative and instructional staff members to
146be state residents.
147     (d)  Possesses prior, successful experience offering online
148courses to elementary, middle, or high school students.
149     (e)  Is accredited by the Commission on Colleges of the
150Southern Association of Colleges and Schools, the Middle States
151Association of Colleges and Schools, the North Central
152Association of Colleges and Schools, the New England Association
153of Schools and Colleges, or the Commission on International and
154Trans-Regional Accreditation.
155     (f)  Is capable of complying with all requirements for a K-
1568 virtual school under this section.
157     (3)  PROGRAM APPROVAL.--Each school district shall submit a
158description of its proposed 2009-2010 K-8 Virtual School Program
159to the department in a manner and by a deadline prescribed by
160the department. Students may not be enrolled in the program
161until it is approved by the department.
162     (4)  K-8 VIRTUAL SCHOOL REQUIREMENTS.--Each K-8 virtual
163school operated or contracted by a school district or regional
164consortium must:
165     (a)  Require all members of the school's instructional
166staff to be certified professional educators under the
167provisions of chapter 1012.
168     (b)  Conduct background screening of all of the school's
169employees as required by s. 1012.32.
170     (c)  Align its curriculum and course content to the
171Sunshine State Standards under s. 1003.41.
172     (d)  Offer an online program of instruction that is full
173time and of 180 days' duration.
174     (e)  Provide each student enrolled in the virtual school
175with:
176     1.  All necessary instructional materials.
177     2.  All equipment, including, but not limited to, a
178computer, computer monitor, and printer for each household that
179has a student enrolled in the virtual school.
180     3.  Access to or reimbursement for all Internet services
181necessary for online delivery of instruction for each household
182that has a student enrolled in the virtual school.
183     (f)  Not require tuition or student registration fees.
184     (5)  PROGRAM CAPACITY; ENROLLMENT.--
185     (a)  Each school district's K-8 Virtual School Program must
186have at least the capacity to serve the greater of the following
187number of students:
188     1.  One-quarter of 1 percent of the school district's total
189population of public school students in kindergarten through
190grade 8; or
191     2.  The number of students who reside in the district and
192were enrolled during the prior school year in a K-8 virtual
193school under this section.
194     (b)  Each school district's K-8 Virtual School Program
195shall enroll eligible students who meet the profile for success
196in this educational delivery context and who submit timely
197applications, prioritized in accordance with paragraph (6)(b),
198unless the number of such applications exceeds the capacity of
199the program. In such case, students who have submitted timely
200applications shall have an equal chance of being admitted
201through a random selection process.
202     (c)  Beginning with the 2010-2011 school year and
203continuing thereafter, the enrollment for a K-8 virtual school
204may not be increased in excess of its prior school year
205enrollment unless the school has achieved a school grade of "C"
206or better under the school grading system created under s.
2071008.34.
208     (6)  STUDENT ELIGIBILITY; PRIORITY.--
209     (a)  Enrollment in a K-8 Virtual School Program is open to
210any K-8 student residing within the district's attendance area
211if the student meets at least one of the following conditions:
212     1.  Spent the prior school year in attendance at a public
213school in this state and was enrolled and reported by a public
214school district for funding during the preceding October and
215February for purposes of the Florida Education Finance Program
216surveys;
217     2.  Was enrolled during the prior school year in a K-8
218virtual school under this section;
219     3.  Has a sibling who is currently enrolled in a K-8
220virtual school under this section and was enrolled at the end of
221the prior school year; or
222     4.  Is a dependent child of a member of the United States
223Armed Forces who was transferred within the past 12 months to
224this state from out of state or from a foreign country pursuant
225to a parent's permanent change of station orders.
226     (b)  Priority for admission to a K-8 virtual school shall
227be given to:
228     1.  Students who were enrolled during the prior school year
229in a K-8 virtual school under this section.
230     2.  The siblings of students under subparagraph 1.
231     3.  Students who need access to a K-8 virtual school in
232order to meet their educational needs and goals in a home
233environment.
234     4.  Students who are eligible under subparagraph (a)4.
235     5.  Students seeking accelerated access to move at their
236own pace in their educational progress.
237     (7)  STUDENT PARTICIPATION REQUIREMENTS.--Each student
238enrolled in a K-8 virtual school must:
239     (a)  Comply with the compulsory attendance requirements of
240s. 1003.21. Student attendance must be verified by the school
241district.
242     (b)  Take state assessment tests within the student's
243school district of residence, which must provide that student
244with access to the district's testing facilities.
245     (8)  FUNDING.--
246     (a)  A "full-time equivalent student" for a K-8 Virtual
247School Program shall be as defined in s. 1011.61(1)(c)1.b.(III).
248     (b)  Full-time equivalent students for a K-8 Virtual School
249Program shall be reported only by the school district to the
250department in the manner prescribed by the department and shall
251be funded through the Florida Education Finance Program.
252     (c)  In addition to the funds provided in the General
253Appropriations Act, a school district may receive other funds
254from grants and donations for its K-8 Virtual School Program.
255     (9)  ASSESSMENT AND ACCOUNTABILITY.--
256     (a)  Each K-8 virtual school must:
257     1.  Participate in the statewide assessment program created
258under s. 1008.22 and in the state's education performance
259accountability system created under s. 1008.31.
260     2.  Receive a school grade under s. 1008.34.
261     (b)  A K-8 virtual school that has a school grade of "D" or
262"F" must file a school improvement plan with the department for
263consultation to determine the causes for low performance and to
264develop a plan for correction and improvement.
265     (c)  If a K-8 virtual school receives a school grade of "D"
266or "F" for 2 years during any consecutive 4-year period:
267     1.  The school district or regional consortium shall
268terminate the contract for a provider-operated school.
269     2.  The school district shall terminate operation of a
270district-operated school and the school district or regional
271consortium shall contract for a provider-operated school for the
272next school year.
273     (d)  The department shall annually review each school
274district's K-8 Virtual School Program and provide a report to
275the State Board of Education, the Governor, and the presiding
276officers of the Legislature that:
277     1.  Analyzes the overall performance of students enrolled
278in each school district's K-8 Virtual School Program as compared
279to the overall performance of students in grades kindergarten
280through 8 who are enrolled in:
281     a.  The school district's nonvirtual public schools.
282     b.  Other school district K-8 Virtual School Programs.
283     2.  Analyzes and aggregates the overall performance of
284students enrolled in K-8 virtual schools statewide according to
285each contracted provider.
286     (10)  CAUSES FOR NONRENEWAL OR TERMINATION OF A CONTRACT.--
287     (a)  A school district or regional consortium may choose to
288not renew or to terminate a contract during its term for a K-8
289virtual school on the following grounds:
290     1.  Failure to comply with paragraph (9)(a);
291     2.  Failure to annually receive approval from the
292department under subsection (2);
293     3.  Failure to meet generally accepted standards of fiscal
294management;
295     4.  Violation of law;
296     5.  Failure of the Legislature to fund the program; or
297     6.  Any ground for nonrenewal or termination specified in
298the contract.
299     (b)  A school district or regional consortium shall
300terminate a contract for a K-8 virtual school as provided under
301paragraph (9)(c).
302     (c)  If a contract is not renewed or is terminated, the
303contracted provider of the K-8 virtual school is responsible for
304all debts of the school.
305     (d)  If a contract is not renewed or is terminated, a
306student who attended the K-8 virtual school must be allowed to
307enroll in:
308     1.  Another K-8 virtual school offered by the school
309district;
310     2.  The public school to which the student would be
311assigned according to the school district's attendance area
312policies; or
313     3.  A public school that the student could choose to attend
314under district or interdistrict controlled open enrollment
315provisions.
316     (11)  CONTINUITY OF EXISTING SCHOOLS.--
317     (a)  Subject to appropriation, the two K-8 virtual schools
318operated under this section during the 2007-2008 school year by
319providers under contract with the department may continue
320operation under contract with the department during the 2008-
3212009 school year and thereafter. These schools must comply with
322the requirements of subsections (2) and (4) and paragraphs
323(9)(a) and (b) and may only enroll students described in
324subparagraph (b)1.
325     (b)  The parent of a student who was enrolled in a K-8
326virtual school under this section during the 2007-2008 school
327year may choose to:
328     1.  Continue the student's enrollment and enroll the
329student's siblings in that school for the 2008-2009 school year
330and thereafter if the school district in which the parent
331resides does not offer a K-8 virtual school operated by the same
332provider; or
333     2.  Enroll the student in a K-8 virtual school offered by
334the school district in which the parent resides.
335     (c)  State funding for students enrolled in a K-8 virtual
336school under subparagraph (b)1. shall be based on a total
337program enrollment and an amount per full-time equivalent
338student established annually in the General Appropriations Act.
339Upon documentation of proper student enrollment, which must be
340reviewed and approved by the department, payments shall be made
341to the provider in four equal payments no later than September
3421, November 1, February 1, and April 15 of each academic year.
343The initial payment shall be made after the department verifies
344each student's admission to the school, and subsequent payments
345shall be made upon verification of the continued enrollment and
346attendance of the student.
347     (d)  Students enrolled under subparagraph (b)1. must comply
348with the requirements of subsection (7).
349     (12)  2008-2009 DISTRICT PROGRAM.--
350     (a)  For the 2008-2009 school year, each school district in
351the state may offer a K-8 Virtual School Program that serves
352students residing within the district's attendance area. Each
353school district's program may consist of one or more schools
354operated by the district or by a contracted provider that
355operated a K-8 virtual school under this section during the
3562007-2008 school year. School districts may participate in
357multi-district contractual arrangements, which may include
358contracts executed by a regional consortium for its member
359districts, for provision of the schools.
360     (b)  A K-8 virtual school under this subsection must comply
361with the requirements of paragraph (1)(c) and subsections (4),
362(6), (8), (9), and (10).
363     (c)  Students enrolled in a K-8 virtual school under this
364subsection must comply with the requirements of subsection (7).
365     (13)  RULES.--The State Board of Education shall adopt
366rules under ss. 120.536(1) and 120.54 to administer this
367section.
368     (14)  APPLICATION OF SECTION.--This section does not govern
369a school district's ability to use digital or online content or
370curriculum for instruction offered in a program other than the
371K-8 Virtual School Program.
372     Section 5.  Subsection (14) of section 1003.01, Florida
373Statutes, is amended to read:
374     1003.01  Definitions.--As used in this chapter, the term:
375     (14)  "Core-curricula courses" means courses defined by the
376Department of Education as mathematics, language arts/reading,
377science, social studies, foreign language, English for Speakers
378of Other Languages, exceptional student education, and courses
379taught in traditional self-contained elementary school
380classrooms. The term is limited in meaning and used for the sole
381purpose of designating classes that are subject to the maximum
382class size requirements established in s. 1, Art. IX of the
383State Constitution. This term does not include courses offered
384under s. 1002.37 or s. 1002.415.
385     Section 6.  Paragraph (c) of subsection (1) of section
3861011.61, Florida Statutes, is amended to read:
387     1011.61  Definitions.--Notwithstanding the provisions of s.
3881000.21, the following terms are defined as follows for the
389purposes of the Florida Education Finance Program:
390     (1)  A "full-time equivalent student" in each program of
391the district is defined in terms of full-time students and part-
392time students as follows:
393     (c)1.  A "full-time equivalent student" is:
394     a.  A full-time student in any one of the programs listed
395in s. 1011.62(1)(c); or
396     b.  A combination of full-time or part-time students in any
397one of the programs listed in s. 1011.62(1)(c) which is the
398equivalent of one full-time student based on the following
399calculations:
400     (I)  A full-time student, except a postsecondary or adult
401student or a senior high school student enrolled in adult
402education when such courses are required for high school
403graduation, in a combination of programs listed in s.
4041011.62(1)(c) shall be a fraction of a full-time equivalent
405membership in each special program equal to the number of net
406hours per school year for which he or she is a member, divided
407by the appropriate number of hours set forth in subparagraph
408(a)1. or subparagraph (a)2. The difference between that fraction
409or sum of fractions and the maximum value as set forth in
410subsection (4) for each full-time student is presumed to be the
411balance of the student's time not spent in such special
412education programs and shall be recorded as time in the
413appropriate basic program.
414     (II)  A prekindergarten handicapped student shall meet the
415requirements specified for kindergarten students.
416     (III)  A K-8 virtual school full-time equivalent student
417shall consist of a student who has successfully completed a
418basic program listed in s. 1011.62(1)(c)1.a. or b. and who is
419promoted to a higher grade level.
420     (IV)(III)  A Florida Virtual School full-time equivalent
421student shall consist of six full credit completions in the
422programs listed in s. 1011.62(1)(c)1. and 4. Credit completions
423can be a combination of either full credits or half credits.
424     2.  A student in membership in a program scheduled for more
425or less than 180 school days is a fraction of a full-time
426equivalent membership equal to the number of instructional hours
427in membership divided by the appropriate number of hours set
428forth in subparagraph (a)1.; however, for the purposes of this
429subparagraph, membership in programs scheduled for more than 180
430days is limited to students enrolled in juvenile justice
431education programs and the Florida Virtual School.
432
433The department shall determine and implement an equitable method
434of equivalent funding for experimental schools and for schools
435operating under emergency conditions, which schools have been
436approved by the department to operate for less than the minimum
437school day.
438     Section 7.  Except as otherwise expressly provided in this
439act, this act shall take effect July 1, 2008.


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