Florida Senate - 2009                                    SB 2628
       
       
       
       By Senator Wise
       
       
       
       
       5-01049B-09                                           20092628__
    1                        A bill to be entitled                      
    2         An act relating to virtual instruction programs;
    3         amending ss. 1000.04 and 1002.20, F.S.; conforming
    4         provisions to changes made by the act; repealing s.
    5         1002.415, F.S., relating to the K-8 Virtual School
    6         Program within the Department of Education; amending
    7         s. 1002.45, F.S.; providing that virtual instruction
    8         programs may be provided by the same or different
    9         contracted providers; requiring that a virtual
   10         instruction program provide virtual instruction to
   11         part-time or full-time students enrolled in virtual
   12         courses in kindergarten through grade 12; authorizing
   13         a school district to contract with various virtual
   14         instruction providers; authorizing a regional
   15         consortium to assist its member districts individually
   16         or collectively in obtaining the best price from such
   17         providers; revising the qualifications for
   18         instructional staff; deleting a provision that
   19         authorizes a charter school to enter into a joint
   20         agreement with a school district in order to
   21         participate in the district's virtual instruction
   22         program; revising the qualifications for providers
   23         offering virtual instruction; deleting a provision
   24         that prohibits a school district from increasing the
   25         enrollment of its full-time virtual instruction
   26         program; revising the participation requirements that
   27         a student must meet to enroll in the virtual
   28         instruction program; deleting provisions relating to
   29         funding provided through the Florida Education Finance
   30         Program; revising the requirements for a virtual
   31         instruction program; authorizing a school district to
   32         terminate a contract with a virtual instruction
   33         provider without cause if the school district provides
   34         at least 90 days' notice of such termination;
   35         requiring that a school district provide certain
   36         information to parents and students relating to
   37         opportunities for accessing courses offered by virtual
   38         instruction providers that are contracted with the
   39         school district; deleting provisions relating to the
   40         2008-2009 school district virtual instruction program;
   41         requiring that the State Board of Education adopt
   42         rules establishing criteria for the approval of
   43         virtual instruction providers; amending s. 1003.01,
   44         F.S.; revising the definition of the term “core
   45         curricula courses” to conform to changes made by the
   46         act; amending s. 1011.61, F.S.; revising the
   47         definition of the term “full-time equivalent student”
   48         to conform to changes made by the act; providing an
   49         effective date.
   50  
   51  Be It Enacted by the Legislature of the State of Florida:
   52  
   53         Section 1. Subsection (1) of section 1000.04, Florida
   54  Statutes, is amended to read:
   55         1000.04 Components for the delivery of public education
   56  within the Florida K-20 education system.—Florida’s K-20
   57  education system provides for the delivery of public education
   58  through publicly supported and controlled K-12 schools,
   59  community colleges, state universities and other postsecondary
   60  educational institutions, other educational institutions, and
   61  other educational services as provided or authorized by the
   62  Constitution and laws of the state.
   63         (1) PUBLIC K-12 SCHOOLS.—The public K-12 schools include
   64  charter schools and consist of kindergarten classes; elementary,
   65  middle, and high school grades and special classes; school
   66  district virtual instruction programs; workforce education;
   67  career centers; adult, part-time, and evening schools, courses,
   68  or classes, as authorized by law to be operated under the
   69  control of district school boards; and lab schools operated
   70  under the control of state universities.
   71         Section 2. Paragraph (a) of subsection (6) of section
   72  1002.20, Florida Statutes, is amended to read:
   73         1002.20 K-12 student and parent rights.—Parents of public
   74  school students must receive accurate and timely information
   75  regarding their child’s academic progress and must be informed
   76  of ways they can help their child to succeed in school. K-12
   77  students and their parents are afforded numerous statutory
   78  rights including, but not limited to, the following:
   79         (6) EDUCATIONAL CHOICE.—
   80         (a) Public school choices.—Parents of public school
   81  students may seek whatever public school choice options that are
   82  applicable to their students and are available to students in
   83  their school districts. These options may include controlled
   84  open enrollment, single-gender programs, lab schools, school
   85  district virtual instruction programs, charter schools, charter
   86  technical career centers, magnet schools, alternative schools,
   87  special programs, advanced placement, dual enrollment,
   88  International Baccalaureate, International General Certificate
   89  of Secondary Education (pre-AICE), Advanced International
   90  Certificate of Education, early admissions, credit by
   91  examination or demonstration of competency, the New World School
   92  of the Arts, the Florida School for the Deaf and the Blind, and
   93  virtual school programs the Florida Virtual School. These
   94  options may also include the public school choice options of the
   95  Opportunity Scholarship Program and the McKay Scholarships for
   96  Students with Disabilities Program.
   97         Section 3. Section 1002.415, Florida Statutes, is repealed.
   98         Section 4. Section 1002.45, Florida Statutes, is amended to
   99  read:
  100         1002.45 School district Virtual instruction programs.—
  101         (1) PROGRAM.—
  102         (a) Beginning with the 2009-2010 school year, each school
  103  district shall provide eligible students within its boundaries
  104  the option of participating in a virtual instruction program or
  105  programs that may be provided by the same or different
  106  providers. The purpose of the program is to make instruction
  107  available to students using online and distance learning
  108  technology in the nontraditional classroom. The program shall
  109  provide virtual instruction to part-time or full-time students
  110  enrolled in full-time virtual courses in kindergarten through
  111  grade 12 8 or in full-time or part-time virtual courses in
  112  grades 9 through 12 as authorized in paragraph (7)(c).
  113         (b) Each school district’s virtual instruction program may
  114  consist of one or more schools that are operated by the district
  115  or by various contracted providers approved by the Department of
  116  Education under subsection (2). School districts may participate
  117  in multidistrict contractual arrangements, which may include
  118  contracts with more than one provider executed by a regional
  119  consortium for its member districts, to provide such programs.
  120         (c) A school district may contract with any number of
  121  approved virtual school instruction providers at prices that may
  122  vary from provider to provider. A regional consortium may assist
  123  its member districts on an individual basis or collectively in
  124  obtaining the best price from such providers. A charter school
  125  may enter into a joint agreement with the school district in
  126  which it is located for the charter school’s students to
  127  participate in an approved district virtual instruction program.
  128         (2) CONTRACT PROVIDER QUALIFICATIONS.—On or before March 1,
  129  2009, and annually thereafter, The department shall develop and
  130  provide school districts with a list of providers approved to
  131  offer virtual instruction. To be approved, a provider must
  132  document to the Department of Education that it meets the
  133  following requirements for qualification To be approved by the
  134  department, a contract provider must annually document that it:
  135         (a) Be Is nonsectarian in its programs, admission policies,
  136  employment practices, and operations;
  137         (b) Comply Complies with the antidiscrimination provisions
  138  of s. 1000.05;
  139         (c) Locate Locates an administrative office or offices in
  140  this state, require requires its administrative staff to be
  141  state residents, and require requires all instructional staff
  142  members to be certified Florida-certified teachers in the
  143  content areas that they teach, nationally recognized
  144  professionals who have special skills, knowledge, or expertise
  145  for the courses that they teach, or highly skilled professionals
  146  who have nationally recognized industry certification
  147  credentials for the courses that they teach;
  148         (d) Possess Possesses prior, successful experience offering
  149  online courses to elementary, middle, or high school students;
  150         (e) Use Utilizes an instructional model that relies on
  151  certified teachers and professionals described in paragraph (c),
  152  not parents, to provide at least 85 percent of the instruction
  153  to the student;
  154         (f) Be Is accredited by a federally recognized regional
  155  accrediting agency for K-12 educational institutions, including
  156  the Southern Association of Colleges and Schools Council on
  157  Accreditation and School Improvement, the North Central
  158  Association of Colleges and Schools Commission on Accreditation
  159  and School Improvement, the Commission on Secondary Schools of
  160  the Middle States Association of Colleges and Schools, the New
  161  England Association of Colleges and Schools, the Northwest
  162  Association of Accredited Schools, and the Western Association
  163  of Schools and Colleges the Commission on Colleges of the
  164  Southern Association of Colleges and Schools, the Middle States
  165  Association of Colleges and Schools, the North Central
  166  Association of Colleges and Schools, or the New England
  167  Association of Colleges and Schools; and
  168         (g)Annually provide a written attestation to the
  169  Department of Education that the provider meets all of the
  170  requirements in this section;
  171         (h)(g)Comply Complies with all requirements in under this
  172  section; and.
  173         (i)Meet all of the qualifications in this subsection in
  174  order to maintain its status as an approved provider. In order
  175  for a charter school to be approved as a virtual school
  176  instruction provider, the charter school must terminate its
  177  charter status, and if approved, be subject to all of the
  178  requirements in this section.
  179  
  180  Notwithstanding this subsection, approved providers of virtual
  181  instruction shall include the Florida Virtual School established
  182  under s. 1002.37 and providers that operate under s. 1002.415.
  183         (3) SCHOOL DISTRICT VIRTUAL INSTRUCTION PROGRAM
  184  REQUIREMENTS.—Each virtual instruction program operated or
  185  contracted by a school district must:
  186         (a)1. Require, if the provider is contracting with a school
  187  district, all instructional staff to be certified professional
  188  educators in the content areas that they teach, nationally
  189  recognized professionals who have special skills, knowledge, or
  190  expertise in the courses they teach, or highly skilled
  191  professionals who have nationally recognized industry
  192  certification credentials for the courses they teach.
  193         2.Require, if the school district is the provider, all
  194  professional educators to be certified under chapter 1012.
  195         (b) Conduct a background screening of all employees or
  196  contracted personnel, as required by s. 1012.32, using state and
  197  national criminal history records.
  198         (c) Align virtual course curriculum and course content to
  199  the Sunshine State Standards under s. 1003.41.
  200         (d) Offer instruction that is designed to enable a student
  201  to gain proficiency in each virtually delivered course of study.
  202         (e) Provide each student enrolled in the program with all
  203  the necessary instructional materials.
  204         (f) Provide, when appropriate, each household having a
  205  full-time student enrolled in the program with:
  206         1. All equipment necessary for participants in a the school
  207  district virtual instruction program, including, but not limited
  208  to, a computer, computer monitor, and printer; and
  209         2. Access to or reimbursement for all Internet services
  210  necessary for online delivery of instruction.
  211         (g) Not require tuition or student registration fees.
  212         (4)PROGRAM CAPACITY; ENROLLMENT.—Beginning with the 2010
  213  2011 school year, except for courses offered by the Florida
  214  Virtual School under s. 1002.37, a school district may not
  215  increase the enrollment for its full-time virtual instruction
  216  program in excess of its prior school year enrollment unless the
  217  program for the previous school year is designated with a grade
  218  of “C,” making satisfactory progress, or better under the school
  219  grading system provided in s. 1008.34.
  220         (4)(5) STUDENT ELIGIBILITY.—Enrollment in a school district
  221  virtual instruction program is open to any student residing
  222  within a school the district’s attendance area if the student
  223  meets at least one of the following conditions:
  224         (a) The student has spent the prior school year in
  225  attendance at a public school in this state and was enrolled and
  226  reported by a public school district for funding during the
  227  preceding October and February for purposes of the Florida
  228  Education Finance Program surveys.
  229         (b) The student is a dependent child of a member of the
  230  United States Armed Forces who was transferred within the last
  231  12 months to this state from another state or from a foreign
  232  country pursuant to the parent’s permanent change of station
  233  orders.
  234         (c) The student was enrolled during the prior school year
  235  in a school district virtual instruction program under this
  236  section. or
  237         (d)The student was enrolled during the prior school year
  238  in a K-8 Virtual School Program under s. 1002.415.
  239         (5)(6) STUDENT PARTICIPATION REQUIREMENTS.—Each student
  240  enrolled in a school district virtual instruction program must:
  241         (a)Comply with the compulsory attendance requirements of
  242  s. 1003.21. Student attendance must be verified by the school
  243  district.
  244         (b) take the state assessment tests within the school
  245  district in which such student resides, which must provide the
  246  student with access to the district’s testing facilities.
  247         (6)(7) FUNDING.—
  248         (a) For purposes of a district virtual instruction program,
  249  “full-time equivalent student” has the same meaning as provided
  250  in s. 1011.61(1)(c)1.b.(III) or (IV).
  251         (b) The school district shall report full-time equivalent
  252  students for a the school district virtual instruction program
  253  and for a charter school’s students who participate under
  254  paragraph (1)(c) to the department only in a manner prescribed
  255  by the department, and funding shall be provided through the
  256  Florida Education Finance Program.
  257         (c) The maximum value for funding a student in a virtual
  258  instruction program is subject to s. 1011.61(4) and funds in
  259  excess of one full-time equivalent student membership for a
  260  school year may not be paid to anyone or any group of persons
  261  for any student served. Full-time or part-time school district
  262  virtual instruction program courses provided under this section
  263  for students in grades 9 through 12 are limited to Department of
  264  Juvenile Justice programs, dropout prevention programs, and
  265  career and vocational programs.
  266         (7)(8) ASSESSMENT AND ACCOUNTABILITY.—
  267         (a) With the exception of the programs offered by the
  268  Florida Virtual School under s. 1002.37, Each school district
  269  virtual instruction program must:
  270         1. participate in the statewide assessment program under s.
  271  1008.22 and in the state’s education performance accountability
  272  system under s. 1008.31.
  273         2.Receive a school grade as provided in s. 1008.34. A
  274  school district virtual instruction program shall be considered
  275  a school under s. 1008.34 for purposes of this section,
  276  regardless of the number of individual providers participating
  277  in the district’s program.
  278         (b) The performance of full-time students shall be included
  279  for school grading purposes by the nonvirtual school for which
  280  the student would be assigned under the school's attendance
  281  zone.
  282         (c) The performance of part-time students under paragraph
  283  (7)(c) shall not be included for purposes of school grading
  284  under subparagraph (a)2.; however, their performance shall be
  285  included for school grading purposes by the nonvirtual school
  286  providing the student’s primary instruction.
  287         (d)(c)A school district may terminate a contract with a
  288  virtual instruction provider without cause if the school
  289  district provides at least 90 days' notice of such termination
  290  to the provider. A program that is designated with a grade of
  291  “D,” making less than satisfactory progress, or “F,” failing to
  292  make adequate progress, must file a school improvement plan with
  293  the department for consultation to determine the causes for low
  294  performance and to develop a plan for correction and
  295  improvement.
  296         (d)The school district shall terminate its program,
  297  including all contracts with providers for such program, if the
  298  program receives a grade of “D,” making less than satisfactory
  299  progress, or “F,” failing to make adequate progress, for 2 years
  300  during any consecutive 4-year period. If a contract is not
  301  renewed or is terminated, the contracted provider is responsible
  302  for all debts of the program or school operated by the provider.
  303         (e) A school district that terminates its program under
  304  paragraph (d) shall contract with a provider selected and
  305  approved by the department for the provision of virtual
  306  instruction until the school district receives approval from the
  307  department to operate a new school district virtual instruction
  308  program.
  309         (8)(9) EXCEPTIONS.—A provider of digital or online content
  310  or curriculum that is used to supplement the instruction of
  311  students who are not enrolled in a virtual instruction program
  312  under this section is not required to meet the requirements of
  313  this section.
  314         (9)(10) MARKETING.—Any information provided by a school
  315  district to parents and students regarding the school district’s
  316  virtual instruction program must include information about
  317  opportunities for accessing available at, and the parent’s and
  318  student’s right to access courses offered by all virtual
  319  instruction providers that are under contract with the school
  320  district, the Florida Virtual School under s. 1002.37.
  321         (11)2008-2009 SCHOOL DISTRICT VIRTUAL INSTRUCTION
  322  PROGRAM.—For the 2008-2009 school year, each school district in
  323  the state may offer a school district virtual instruction
  324  program to provide full-time virtual courses in kindergarten
  325  through grade 8 or to provide full-time or part-time virtual
  326  courses in grades 9 through 12 as authorized in paragraph
  327  (7)(c). Such program may be operated or contracted as provided
  328  under paragraph (1)(b) and must comply with all requirements of
  329  this section, except that contracts under this subsection may
  330  only be issued for virtual courses in kindergarten through grade
  331  8 to providers operating under s. 1002.415 or for virtual
  332  courses in grades 9 through 12 as authorized under paragraph
  333  (7)(c) to providers who contracted with a regional consortium in
  334  the 2007-2008 school year to provide such services.
  335         (10)(12) RULES.—The State Board of Education shall adopt
  336  rules establishing criteria for the approval of virtual
  337  instruction providers under subsection (2) necessary to
  338  administer this section, including rules that prescribe school
  339  district and charter school reporting requirements.
  340         Section 5. Subsection (14) of section 1003.01, Florida
  341  Statutes, is amended to read:
  342         1003.01 Definitions.—As used in this chapter, the term:
  343         (14) “Core-curricula courses” means courses defined by the
  344  Department of Education as mathematics, language arts/reading,
  345  science, social studies, foreign language, English for Speakers
  346  of Other Languages, exceptional student education, and courses
  347  taught in traditional self-contained elementary school
  348  classrooms. The term is limited in meaning and used for the sole
  349  purpose of designating classes that are subject to the maximum
  350  class size requirements established in s. 1, Art. IX of the
  351  State Constitution. This term does not include courses offered
  352  under ss. 1002.37, 1002.415, and 1002.45.
  353         Section 6. Paragraph (c) of subsection (1) of section
  354  1011.61, Florida Statutes, is amended to read:
  355         1011.61 Definitions.—Notwithstanding the provisions of s.
  356  1000.21, the following terms are defined as follows for the
  357  purposes of the Florida Education Finance Program:
  358         (1) A “full-time equivalent student” in each program of the
  359  district is defined in terms of full-time students and part-time
  360  students as follows:
  361         (c)1. A “full-time equivalent student” is:
  362         a. A full-time student in any one of the programs listed in
  363  s. 1011.62(1)(c); or
  364         b. A combination of full-time or part-time students in any
  365  one of the programs listed in s. 1011.62(1)(c) which is the
  366  equivalent of one full-time student based on the following
  367  calculations:
  368         (I) A full-time student, except a postsecondary or adult
  369  student or a senior high school student enrolled in adult
  370  education when such courses are required for high school
  371  graduation, in a combination of programs listed in s.
  372  1011.62(1)(c) shall be a fraction of a full-time equivalent
  373  membership in each special program equal to the number of net
  374  hours per school year for which he or she is a member, divided
  375  by the appropriate number of hours set forth in subparagraph
  376  (a)1. or subparagraph (a)2. The difference between that fraction
  377  or sum of fractions and the maximum value as set forth in
  378  subsection (4) for each full-time student is presumed to be the
  379  balance of the student’s time not spent in such special
  380  education programs and shall be recorded as time in the
  381  appropriate basic program.
  382         (II) A prekindergarten handicapped student shall meet the
  383  requirements specified for kindergarten students.
  384         (III) A full-time equivalent student for students in grades
  385  K-8 in a school district virtual instruction program as provided
  386  in s. 1002.45 shall consist of a student who has successfully
  387  completed a basic program listed in s. 1011.62(1)(c)1.a. or b.,
  388  and who is promoted to a higher grade level.
  389         (IV) A full-time equivalent student for students in grades
  390  9-12 in a school district virtual instruction program as
  391  provided in s. 1002.45 shall consist of six full credit
  392  completions in programs listed in s. 1011.62(1)(c)1. and 3 4.
  393  Credit completions can be a combination of either full credits
  394  or half credits.
  395         (V) A virtual school program Florida Virtual School full
  396  time equivalent student shall consist of six full credit
  397  completions in the programs listed in s. 1011.62(1)(c)1. and 3
  398  4. Credit completions can be a combination of either full
  399  credits or half credits.
  400         (VI) Each successfully completed credit earned under the
  401  alternative high school course credit requirements authorized in
  402  s. 1002.375, which is not reported as a portion of the 900 net
  403  hours of instruction pursuant to subparagraph (1)(a)1., shall be
  404  calculated as 1/6 FTE.
  405         2. A student in membership in a program scheduled for more
  406  or less than 180 school days is a fraction of a full-time
  407  equivalent membership equal to the number of instructional hours
  408  in membership divided by the appropriate number of hours set
  409  forth in subparagraph (a)1.; however, for the purposes of this
  410  subparagraph, membership in programs scheduled for more than 180
  411  days is limited to students enrolled in juvenile justice
  412  education programs and the Florida Virtual School.
  413  
  414  The department shall determine and implement an equitable method
  415  of equivalent funding for experimental schools and for schools
  416  operating under emergency conditions, which schools have been
  417  approved by the department to operate for less than the minimum
  418  school day.
  419         Section 7. This act shall take effect July 1, 2009.