| 1 | A bill to be entitled |
| 2 | An act relating to virtual education; amending s. 1000.04, |
| 3 | F.S.; providing that K-8 virtual schools are public K-12 |
| 4 | schools; amending ss. 1002.20 and 1002.31, F.S.; providing |
| 5 | that K-8 virtual schools are a public school choice |
| 6 | option; amending s. 1002.415, F.S.; establishing the |
| 7 | school district K-8 Virtual School Program; requiring |
| 8 | school districts to offer a K-8 Virtual School Program |
| 9 | beginning with the 2009-2010 school year; authorizing |
| 10 | school districts to offer such program for the 2008-2009 |
| 11 | school year; authorizing the provision of specified online |
| 12 | instruction to students in grades 6 through 8 through a |
| 13 | franchise agreement with the Florida Virtual School; |
| 14 | specifying qualifications for and requiring Department of |
| 15 | Education approval of contracted providers; requiring |
| 16 | department approval for district programs; specifying |
| 17 | requirements for a K-8 virtual school relating to |
| 18 | employees, curriculum, equipment, and fees; requiring |
| 19 | specified capacity and limiting future enrollment |
| 20 | increases; providing student eligibility and enrollment |
| 21 | requirements; requiring student compliance with specified |
| 22 | attendance provisions; requiring students to take state |
| 23 | assessment tests; providing funding through the Florida |
| 24 | Education Finance Program for district K-8 Virtual School |
| 25 | Programs; requiring K-8 virtual schools to participate in |
| 26 | the state assessment program and education performance |
| 27 | accountability system and receive school grades; requiring |
| 28 | school improvement plans for schools that receive |
| 29 | specified grades; requiring annual department review and |
| 30 | reporting of student performance; specifying reasons for |
| 31 | nonrenewal or termination of provider contracts; providing |
| 32 | for continuation of existing K-8 virtual schools under |
| 33 | contract with the department for specified students; |
| 34 | providing requirements for the funding of such schools; |
| 35 | requiring rulemaking; providing for application of |
| 36 | section; amending s. 1003.01, F.S.; amending the |
| 37 | definition of the term "core-curricula courses" to exclude |
| 38 | Florida Virtual School and K-8 Virtual School Program |
| 39 | courses; amending s. 1011.61, F.S.; defining a K-8 virtual |
| 40 | school full-time equivalent student; providing effective |
| 41 | dates. |
| 42 |
|
| 43 | Be It Enacted by the Legislature of the State of Florida: |
| 44 |
|
| 45 | Section 1. Effective July 1, 2009, subsection (1) of |
| 46 | section 1000.04, Florida Statutes, is amended to read: |
| 47 | 1000.04 Components for the delivery of public education |
| 48 | within the Florida K-20 education system.--Florida's K-20 |
| 49 | education system provides for the delivery of public education |
| 50 | through publicly supported and controlled K-12 schools, |
| 51 | community colleges, state universities and other postsecondary |
| 52 | educational institutions, other educational institutions, and |
| 53 | other educational services as provided or authorized by the |
| 54 | Constitution and laws of the state. |
| 55 | (1) PUBLIC K-12 SCHOOLS.--The public K-12 schools include |
| 56 | charter schools and consist of kindergarten classes; elementary, |
| 57 | middle, and high school grades and special classes; K-8 virtual |
| 58 | schools; workforce education; career centers; adult, part-time, |
| 59 | and evening schools, courses, or classes, as authorized by law |
| 60 | to be operated under the control of district school boards; and |
| 61 | lab schools operated under the control of state universities. |
| 62 | Section 2. Effective July 1, 2009, paragraph (a) of |
| 63 | subsection (6) of section 1002.20, Florida Statutes, is amended |
| 64 | to read: |
| 65 | 1002.20 K-12 student and parent rights.--Parents of public |
| 66 | school students must receive accurate and timely information |
| 67 | regarding their child's academic progress and must be informed |
| 68 | of ways they can help their child to succeed in school. K-12 |
| 69 | students and their parents are afforded numerous statutory |
| 70 | rights including, but not limited to, the following: |
| 71 | (6) EDUCATIONAL CHOICE.-- |
| 72 | (a) Public school choices.--Parents of public school |
| 73 | students may seek whatever public school choice options that are |
| 74 | applicable to their students and are available to students in |
| 75 | their school districts. These options may include controlled |
| 76 | open enrollment, lab schools, K-8 virtual schools, charter |
| 77 | schools, charter technical career centers, magnet schools, |
| 78 | alternative schools, special programs, advanced placement, dual |
| 79 | enrollment, International Baccalaureate, International General |
| 80 | Certificate of Secondary Education (pre-AICE), Advanced |
| 81 | International Certificate of Education, early admissions, credit |
| 82 | by examination or demonstration of competency, the New World |
| 83 | School of the Arts, the Florida School for the Deaf and the |
| 84 | Blind, and the Florida Virtual School. These options may also |
| 85 | include the public school choice options of the Opportunity |
| 86 | Scholarship Program and the McKay Scholarships for Students with |
| 87 | Disabilities Program. |
| 88 | Section 3. Effective July 1, 2009, subsections (2) and (8) |
| 89 | of 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 |
| 92 | enrollment within the public schools. The controlled open |
| 93 | enrollment program shall be offered in addition to the existing |
| 94 | choice programs such as K-8 virtual schools, magnet schools, |
| 95 | alternative schools, special programs, advanced placement, and |
| 96 | dual enrollment. |
| 97 | (8) Each district school board shall annually report the |
| 98 | number of students applying for and attending the various types |
| 99 | of public schools of choice in the district, including schools |
| 100 | such as K-8 virtual schools, magnet schools, and public charter |
| 101 | schools, according to rules adopted by the State Board of |
| 102 | Education. |
| 103 | Section 4. Section 1002.415, Florida Statutes, is amended |
| 104 | to read: |
| 105 | (Substantial rewording of section. See |
| 106 | s. 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 |
| 110 | district in the state shall offer a K-8 Virtual School Program |
| 111 | that serves students residing within the district's attendance |
| 112 | area. The purpose of the program is to make academic instruction |
| 113 | available to full-time students in kindergarten through grade 8 |
| 114 | using online and distance learning technology. |
| 115 | (b) Each school district's program may consist of one or |
| 116 | more schools operated by the district or by contracted providers |
| 117 | approved by the department under subsection (2). School |
| 118 | districts may participate in multi-district contractual |
| 119 | arrangements, which may include contracts executed by a regional |
| 120 | consortium for its member districts, for provision of the |
| 121 | schools. |
| 122 | (c) Each K-8 virtual school operated or contracted under |
| 123 | this section must have a sufficient number of students enrolled |
| 124 | in each grade to permit a school grade to be assigned to the |
| 125 | school pursuant to s. 1008.34 and State Board of Education rule. |
| 126 | (d) Notwithstanding any other provision of this section, a |
| 127 | school district shall be in compliance with the requirements of |
| 128 | this section for students in grades 6 through 8 if it offers a |
| 129 | full-time, 180-day program of online academic instruction to |
| 130 | such students pursuant to a franchise agreement with the Florida |
| 131 | Virtual School under s. 1002.37. Such school district must still |
| 132 | comply with the requirements of this section for students in |
| 133 | kindergarten through grade 5. |
| 134 | (2) PROVIDER QUALIFICATIONS.--On or before March 1, 2009, |
| 135 | and annually thereafter, the department shall provide school |
| 136 | districts with a list of providers approved to contract with one |
| 137 | or more school districts or regional consortia for the operation |
| 138 | of one or more K-8 virtual schools. To be approved by the |
| 139 | department, each provider must annually document that it: |
| 140 | (a) Is nonsectarian in its programs, admission policies, |
| 141 | employment practices, and operations. |
| 142 | (b) Complies with the antidiscrimination provisions of s. |
| 143 | 1000.05. |
| 144 | (c) Locates its administrative office in this state and |
| 145 | requires its administrative and instructional staff members to |
| 146 | be state residents. |
| 147 | (d) Possesses prior, successful experience offering online |
| 148 | courses to elementary, middle, or high school students. |
| 149 | (e) Is accredited by the Commission on Colleges of the |
| 150 | Southern Association of Colleges and Schools, the Middle States |
| 151 | Association of Colleges and Schools, the North Central |
| 152 | Association of Colleges and Schools, the New England Association |
| 153 | of Schools and Colleges, or the Commission on International and |
| 154 | Trans-Regional Accreditation. |
| 155 | (f) Is capable of complying with all requirements for a K- |
| 156 | 8 virtual school under this section. |
| 157 | (3) PROGRAM APPROVAL.--Each school district shall submit a |
| 158 | description of its proposed 2009-2010 K-8 Virtual School Program |
| 159 | to the department in a manner and by a deadline prescribed by |
| 160 | the department. Students may not be enrolled in the program |
| 161 | until it is approved by the department. |
| 162 | (4) K-8 VIRTUAL SCHOOL REQUIREMENTS.--Each K-8 virtual |
| 163 | school operated or contracted by a school district or regional |
| 164 | consortium must: |
| 165 | (a) Require all members of the school's instructional |
| 166 | staff to be certified professional educators under the |
| 167 | provisions of chapter 1012. |
| 168 | (b) Conduct background screening of all of the school's |
| 169 | employees as required by s. 1012.32. |
| 170 | (c) Align its curriculum and course content to the |
| 171 | Sunshine State Standards under s. 1003.41. |
| 172 | (d) Offer an online program of instruction that is full |
| 173 | time and of 180 days' duration. |
| 174 | (e) Provide each student enrolled in the virtual school |
| 175 | with: |
| 176 | 1. All necessary instructional materials. |
| 177 | 2. All equipment, including, but not limited to, a |
| 178 | computer, computer monitor, and printer for each household that |
| 179 | has a student enrolled in the virtual school. |
| 180 | 3. Access to or reimbursement for all Internet services |
| 181 | necessary for online delivery of instruction for each household |
| 182 | that 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 |
| 186 | have at least the capacity to serve the greater of the following |
| 187 | number of students: |
| 188 | 1. One-quarter of 1 percent of the school district's total |
| 189 | population of public school students in kindergarten through |
| 190 | grade 8; or |
| 191 | 2. The number of students who reside in the district and |
| 192 | were enrolled during the prior school year in a K-8 virtual |
| 193 | school under this section. |
| 194 | (b) Each school district's K-8 Virtual School Program |
| 195 | shall enroll eligible students who meet the profile for success |
| 196 | in this educational delivery context and who submit timely |
| 197 | applications, prioritized in accordance with paragraph (6)(b), |
| 198 | unless the number of such applications exceeds the capacity of |
| 199 | the program. In such case, students who have submitted timely |
| 200 | applications shall have an equal chance of being admitted |
| 201 | through a random selection process. |
| 202 | (c) Beginning with the 2010-2011 school year and |
| 203 | continuing thereafter, the enrollment for a K-8 virtual school |
| 204 | may not be increased in excess of its prior school year |
| 205 | enrollment unless the school has achieved a school grade of "C" |
| 206 | or better under the school grading system created under s. |
| 207 | 1008.34. |
| 208 | (6) STUDENT ELIGIBILITY; PRIORITY.-- |
| 209 | (a) Enrollment in a K-8 Virtual School Program is open to |
| 210 | any K-8 student residing within the district's attendance area |
| 211 | if the student meets at least one of the following conditions: |
| 212 | 1. Spent the prior school year in attendance at a public |
| 213 | school in this state and was enrolled and reported by a public |
| 214 | school district for funding during the preceding October and |
| 215 | February for purposes of the Florida Education Finance Program |
| 216 | surveys; |
| 217 | 2. Was enrolled during the prior school year in a K-8 |
| 218 | virtual school under this section; |
| 219 | 3. Has a sibling who is currently enrolled in a K-8 |
| 220 | virtual school under this section and was enrolled at the end of |
| 221 | the prior school year; or |
| 222 | 4. Is a dependent child of a member of the United States |
| 223 | Armed Forces who was transferred within the past 12 months to |
| 224 | this state from out of state or from a foreign country pursuant |
| 225 | to a parent's permanent change of station orders. |
| 226 | (b) Priority for admission to a K-8 virtual school shall |
| 227 | be given to: |
| 228 | 1. Students who were enrolled during the prior school year |
| 229 | in 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 |
| 232 | order to meet their educational needs and goals in a home |
| 233 | environment. |
| 234 | 4. Students who are eligible under subparagraph (a)4. |
| 235 | 5. Students seeking accelerated access to move at their |
| 236 | own pace in their educational progress. |
| 237 | (7) STUDENT PARTICIPATION REQUIREMENTS.--Each student |
| 238 | enrolled in a K-8 virtual school must: |
| 239 | (a) Comply with the compulsory attendance requirements of |
| 240 | s. 1003.21. Student attendance must be verified by the school |
| 241 | district. |
| 242 | (b) Take state assessment tests within the student's |
| 243 | school district of residence, which must provide that student |
| 244 | with access to the district's testing facilities. |
| 245 | (8) FUNDING.-- |
| 246 | (a) A "full-time equivalent student" for a K-8 Virtual |
| 247 | School 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 |
| 249 | Program shall be reported only by the school district to the |
| 250 | department in the manner prescribed by the department and shall |
| 251 | be funded through the Florida Education Finance Program. |
| 252 | (c) In addition to the funds provided in the General |
| 253 | Appropriations Act, a school district may receive other funds |
| 254 | from 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 |
| 258 | under s. 1008.22 and in the state's education performance |
| 259 | accountability 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 |
| 263 | consultation to determine the causes for low performance and to |
| 264 | develop a plan for correction and improvement. |
| 265 | (c) If a K-8 virtual school receives a school grade of "D" |
| 266 | or "F" for 2 years during any consecutive 4-year period: |
| 267 | 1. The school district or regional consortium shall |
| 268 | terminate the contract for a provider-operated school. |
| 269 | 2. The school district shall terminate operation of a |
| 270 | district-operated school and the school district or regional |
| 271 | consortium shall contract for a provider-operated school for the |
| 272 | next school year. |
| 273 | (d) The department shall annually review each school |
| 274 | district's K-8 Virtual School Program and provide a report to |
| 275 | the State Board of Education, the Governor, and the presiding |
| 276 | officers of the Legislature that: |
| 277 | 1. Analyzes the overall performance of students enrolled |
| 278 | in each school district's K-8 Virtual School Program as compared |
| 279 | to the overall performance of students in grades kindergarten |
| 280 | through 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 |
| 284 | students enrolled in K-8 virtual schools statewide according to |
| 285 | each contracted provider. |
| 286 | (10) CAUSES FOR NONRENEWAL OR TERMINATION OF A CONTRACT.-- |
| 287 | (a) A school district or regional consortium may choose to |
| 288 | not renew or to terminate a contract during its term for a K-8 |
| 289 | virtual school on the following grounds: |
| 290 | 1. Failure to comply with paragraph (9)(a); |
| 291 | 2. Failure to annually receive approval from the |
| 292 | department under subsection (2); |
| 293 | 3. Failure to meet generally accepted standards of fiscal |
| 294 | management; |
| 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 |
| 298 | the contract. |
| 299 | (b) A school district or regional consortium shall |
| 300 | terminate a contract for a K-8 virtual school as provided under |
| 301 | paragraph (9)(c). |
| 302 | (c) If a contract is not renewed or is terminated, the |
| 303 | contracted provider of the K-8 virtual school is responsible for |
| 304 | all debts of the school. |
| 305 | (d) If a contract is not renewed or is terminated, a |
| 306 | student who attended the K-8 virtual school must be allowed to |
| 307 | enroll in: |
| 308 | 1. Another K-8 virtual school offered by the school |
| 309 | district; |
| 310 | 2. The public school to which the student would be |
| 311 | assigned according to the school district's attendance area |
| 312 | policies; or |
| 313 | 3. A public school that the student could choose to attend |
| 314 | under district or interdistrict controlled open enrollment |
| 315 | provisions. |
| 316 | (11) CONTINUITY OF EXISTING SCHOOLS.-- |
| 317 | (a) Subject to appropriation, the two K-8 virtual schools |
| 318 | operated under this section during the 2007-2008 school year by |
| 319 | providers under contract with the department may continue |
| 320 | operation under contract with the department during the 2008- |
| 321 | 2009 school year and thereafter. These schools must comply with |
| 322 | the requirements of subsections (2) and (4) and paragraphs |
| 323 | (9)(a) and (b) and may only enroll students described in |
| 324 | subparagraph (b)1. |
| 325 | (b) The parent of a student who was enrolled in a K-8 |
| 326 | virtual school under this section during the 2007-2008 school |
| 327 | year may choose to: |
| 328 | 1. Continue the student's enrollment and enroll the |
| 329 | student's siblings in that school for the 2008-2009 school year |
| 330 | and thereafter if the school district in which the parent |
| 331 | resides does not offer a K-8 virtual school operated by the same |
| 332 | provider; or |
| 333 | 2. Enroll the student in a K-8 virtual school offered by |
| 334 | the school district in which the parent resides. |
| 335 | (c) State funding for students enrolled in a K-8 virtual |
| 336 | school under subparagraph (b)1. shall be based on a total |
| 337 | program enrollment and an amount per full-time equivalent |
| 338 | student established annually in the General Appropriations Act. |
| 339 | Upon documentation of proper student enrollment, which must be |
| 340 | reviewed and approved by the department, payments shall be made |
| 341 | to the provider in four equal payments no later than September |
| 342 | 1, November 1, February 1, and April 15 of each academic year. |
| 343 | The initial payment shall be made after the department verifies |
| 344 | each student's admission to the school, and subsequent payments |
| 345 | shall be made upon verification of the continued enrollment and |
| 346 | attendance of the student. |
| 347 | (d) Students enrolled under subparagraph (b)1. must comply |
| 348 | with the requirements of subsection (7). |
| 349 | (12) 2008-2009 DISTRICT PROGRAM.-- |
| 350 | (a) For the 2008-2009 school year, each school district in |
| 351 | the state may offer a K-8 Virtual School Program that serves |
| 352 | students residing within the district's attendance area. Each |
| 353 | school district's program may consist of one or more schools |
| 354 | operated by the district or by a contracted provider that |
| 355 | operated a K-8 virtual school under this section during the |
| 356 | 2007-2008 school year. School districts may participate in |
| 357 | multi-district contractual arrangements, which may include |
| 358 | contracts executed by a regional consortium for its member |
| 359 | districts, for provision of the schools. |
| 360 | (b) A K-8 virtual school under this subsection must comply |
| 361 | with 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 |
| 364 | subsection must comply with the requirements of subsection (7). |
| 365 | (13) RULES.--The State Board of Education shall adopt |
| 366 | rules under ss. 120.536(1) and 120.54 to administer this |
| 367 | section. |
| 368 | (14) APPLICATION OF SECTION.--This section does not govern |
| 369 | a school district's ability to use digital or online content or |
| 370 | curriculum for instruction offered in a program other than the |
| 371 | K-8 Virtual School Program. |
| 372 | Section 5. Subsection (14) of section 1003.01, Florida |
| 373 | Statutes, 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 |
| 376 | Department of Education as mathematics, language arts/reading, |
| 377 | science, social studies, foreign language, English for Speakers |
| 378 | of Other Languages, exceptional student education, and courses |
| 379 | taught in traditional self-contained elementary school |
| 380 | classrooms. The term is limited in meaning and used for the sole |
| 381 | purpose of designating classes that are subject to the maximum |
| 382 | class size requirements established in s. 1, Art. IX of the |
| 383 | State Constitution. This term does not include courses offered |
| 384 | under s. 1002.37 or s. 1002.415. |
| 385 | Section 6. Paragraph (c) of subsection (1) of section |
| 386 | 1011.61, Florida Statutes, is amended to read: |
| 387 | 1011.61 Definitions.--Notwithstanding the provisions of s. |
| 388 | 1000.21, the following terms are defined as follows for the |
| 389 | purposes of the Florida Education Finance Program: |
| 390 | (1) A "full-time equivalent student" in each program of |
| 391 | the district is defined in terms of full-time students and part- |
| 392 | time 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 |
| 395 | in s. 1011.62(1)(c); or |
| 396 | b. A combination of full-time or part-time students in any |
| 397 | one of the programs listed in s. 1011.62(1)(c) which is the |
| 398 | equivalent of one full-time student based on the following |
| 399 | calculations: |
| 400 | (I) A full-time student, except a postsecondary or adult |
| 401 | student or a senior high school student enrolled in adult |
| 402 | education when such courses are required for high school |
| 403 | graduation, in a combination of programs listed in s. |
| 404 | 1011.62(1)(c) shall be a fraction of a full-time equivalent |
| 405 | membership in each special program equal to the number of net |
| 406 | hours per school year for which he or she is a member, divided |
| 407 | by the appropriate number of hours set forth in subparagraph |
| 408 | (a)1. or subparagraph (a)2. The difference between that fraction |
| 409 | or sum of fractions and the maximum value as set forth in |
| 410 | subsection (4) for each full-time student is presumed to be the |
| 411 | balance of the student's time not spent in such special |
| 412 | education programs and shall be recorded as time in the |
| 413 | appropriate basic program. |
| 414 | (II) A prekindergarten handicapped student shall meet the |
| 415 | requirements specified for kindergarten students. |
| 416 | (III) A K-8 virtual school full-time equivalent student |
| 417 | shall consist of a student who has successfully completed a |
| 418 | basic program listed in s. 1011.62(1)(c)1.a. or b. and who is |
| 419 | promoted to a higher grade level. |
| 420 | (IV)(III) A Florida Virtual School full-time equivalent |
| 421 | student shall consist of six full credit completions in the |
| 422 | programs listed in s. 1011.62(1)(c)1. and 4. Credit completions |
| 423 | can be a combination of either full credits or half credits. |
| 424 | 2. A student in membership in a program scheduled for more |
| 425 | or less than 180 school days is a fraction of a full-time |
| 426 | equivalent membership equal to the number of instructional hours |
| 427 | in membership divided by the appropriate number of hours set |
| 428 | forth in subparagraph (a)1.; however, for the purposes of this |
| 429 | subparagraph, membership in programs scheduled for more than 180 |
| 430 | days is limited to students enrolled in juvenile justice |
| 431 | education programs and the Florida Virtual School. |
| 432 |
|
| 433 | The department shall determine and implement an equitable method |
| 434 | of equivalent funding for experimental schools and for schools |
| 435 | operating under emergency conditions, which schools have been |
| 436 | approved by the department to operate for less than the minimum |
| 437 | school day. |
| 438 | Section 7. Except as otherwise expressly provided in this |
| 439 | act, this act shall take effect July 1, 2008. |