CS/HB 7197

1	A bill to be entitled
2	An act relating to digital learning; creating s. 1002.321,
3	F.S.; creating the Digital Learning Now Act; providing
4	legislative findings related to the elements to be
5	included in high-quality digital learning; providing
6	digital preparation requirements; providing for customized
7	and accelerated learning; amending s. 1002.33, F.S.;
8	authorizing the establishment of virtual charter schools;
9	providing application requirements for establishment of a
10	virtual charter school; authorizing a charter school to
11	implement blended learning courses; providing requirements
12	for a virtual charter school governing board; providing
13	funding for a virtual charter school; establishing
14	administrative fees for a virtual charter school; amending
15	s. 1002.37, F.S.; redefining the term "full-time
16	equivalent student" as it applies to the Florida Virtual
17	School; providing instruction, funding, assessment, and
18	accountability requirements; amending s. 1002.45, F.S.;
19	requiring school districts to provide all public school
20	students the opportunity to participate in virtual
21	instruction programs; requiring school districts to
22	provide full-time and part-time virtual instruction
23	program options; authorizing a school district to enter
24	into an agreement with a virtual charter school to provide
25	virtual instruction to district students; authorizing
26	virtual charter school contracts; providing additional
27	provider qualifications relating to curriculum, student
28	performance accountability, and disclosure; revising
29	student eligibility requirements; providing funding and
30	accountability requirements; creating s. 1002.455, F.S.;
31	establishing student eligibility requirements for K-12
32	virtual instruction; amending s. 1003.428, F.S.; requiring
33	at least one course required for high school graduation to
34	be completed through online learning; creating s.
35	1003.498, F.S.; authorizing school districts to offer
36	virtual courses and blended learning courses; amending s.
37	1008.22, F.S.; requiring all statewide end-of-course
38	assessments to be administrated online beginning with the
39	2014-2015 school year; amending s. 1011.61, F.S.;
40	redefining the term "full-time equivalent student" for
41	purposes of virtual instruction; amending s. 1012.57,
42	F.S.; authorizing school districts to issue adjunct
43	teaching certificates to qualified applicants to provide
44	online instruction; revising requirements for adjunct
45	teaching certificateholders; providing for annual
46	contracts; amending ss. 1000.04, 1002.20, and 1003.03,
47	F.S.; conforming provisions to changes made by the act;
48	requiring the Department of Education to submit a report
49	to the Governor and the Legislature relating to school
50	district offering of, and student access to, digital
51	learning; providing an effective date.
52
53	Be It Enacted by the Legislature of the State of Florida:
54
55	Section 1.  Section 1002.321, Florida Statutes, is created
56	to read:
57	1002.321  Digital learning.-
58	(1)  DIGITAL LEARNING NOW ACT.-There is created the Digital
59	Learning Now Act.
60	(2)  ELEMENTS OF HIGH-QUALITY DIGITAL LEARNING.-The
61	Legislature finds that each student should have access to a
62	high-quality digital learning environment that provides:
63	(a)  Access to digital learning.
64	(b)  Access to high-quality digital content and online
65	courses.
66	(c)  Education that is customized to the needs of the
67	student using digital content.
68	(d)  A means for the student to demonstrate competency in
69	completed coursework.
70	(e)  High-quality digital content, instructional materials,
71	and online and blended learning courses.
72	(f)  High-quality digital instruction and teachers.
73	(g)  Content and instruction that are evaluated on the
74	metric of student learning.
75	(h)  The use of funding as an incentive for performance,
76	options, and innovation.
77	(i)  Infrastructure that supports digital learning.
78	(j)  Online administration of state assessments.
79	(3)  DIGITAL PREPARATION.-Each student must graduate from
80	high school having taken at least one online course, as provided
81	in s. 1003.428.
82	(4)  CUSTOMIZED AND ACCELERATED LEARNING.-A school district
83	must establish multiple opportunities for student participation
84	in part-time and full-time kindergarten through grade 12 virtual
85	instruction. Options include, but are not limited to:
86	(a)  School district operated part-time or full-time
87	virtual instruction programs under s. 1002.45(1)(b) for
88	kindergarten through grade 12 students enrolled in the school
89	district. A full-time program shall operate under its own Master
90	School Identification Number.
91	(b)  Florida Virtual School instructional services
92	authorized under s. 1002.37.
93	(c)  Blended learning instruction provided by charter
94	schools authorized under s. 1002.33.
95	(d)  Full-time virtual charter school instruction
96	authorized under s. 1002.33.
97	(e)  Courses delivered in the traditional school setting by
98	personnel providing direct instruction through a virtual
99	environment or though a blended virtual and physical environment
100	pursuant to s. 1003.498.
101	(f)  Virtual courses offered in the course code directory
102	to students within the school district or to students in other
103	school districts throughout the state pursuant to s. 1003.498.
104	Section 2.  Subsection (1), paragraph (a) of subsection
105	(6), subsection (7), and paragraph (a) of subsection (20) of
106	section 1002.33, Florida Statutes, are amended, and paragraph
107	(f) is added to subsection (17) of that section, to read:
108	1002.33  Charter schools.-
109	(1)  AUTHORIZATION.-Charter schools shall be part of the
110	state's program of public education. All charter schools in
111	Florida are public schools. A charter school may be formed by
112	creating a new school or converting an existing public school to
113	charter status. A charter school may operate a virtual charter
114	school pursuant to s. 1002.45(1)(d) to provide full-time online
115	instruction to eligible students, pursuant to s. 1002.455, in
116	kindergarten through grade 12. A charter school must amend its
117	charter or submit a new application pursuant to subsection (6)
118	to become a virtual charter school. A virtual charter school is
119	subject to the requirements of this section; however, a virtual
120	charter school is exempt from subsections (18) and (19),
121	subparagraphs (20)(a)2.-5., paragraph (20)(c), and s. 1003.03. A
122	public school may not use the term charter in its name unless it
123	has been approved under this section.
124	(6)  APPLICATION PROCESS AND REVIEW.-Charter school
125	applications are subject to the following requirements:
126	(a)  A person or entity wishing to open a charter school
127	shall prepare and submit an application on a model application
128	form prepared by the Department of Education which:
129	1.  Demonstrates how the school will use the guiding
130	principles and meet the statutorily defined purpose of a charter
131	school.
132	2.  Provides a detailed curriculum plan that illustrates
133	how students will be provided services to attain the Sunshine
134	State Standards.
135	3.  Contains goals and objectives for improving student
136	learning and measuring that improvement. These goals and
137	objectives must indicate how much academic improvement students
138	are expected to show each year, how success will be evaluated,
139	and the specific results to be attained through instruction.
140	4.  Describes the reading curriculum and differentiated
141	strategies that will be used for students reading at grade level
142	or higher and a separate curriculum and strategies for students
143	who are reading below grade level. A sponsor shall deny a
144	charter if the school does not propose a reading curriculum that
145	is consistent with effective teaching strategies that are
146	grounded in scientifically based reading research.
147	5.  Contains an annual financial plan for each year
148	requested by the charter for operation of the school for up to 5
149	years. This plan must contain anticipated fund balances based on
150	revenue projections, a spending plan based on projected revenues
151	and expenses, and a description of controls that will safeguard
152	finances and projected enrollment trends.
153	6.  Documents that the applicant has participated in the
154	training required in subparagraph (f)2. A sponsor may require an
155	applicant to provide additional information as an addendum to
156	the charter school application described in this paragraph.
157	7.  For the establishment of a virtual charter school,
158	documents that the applicant has contracted with a provider of
159	virtual instruction services pursuant to s. 1002.45(1)(d).
160	(7)  CHARTER.-The major issues involving the operation of a
161	charter school shall be considered in advance and written into
162	the charter. The charter shall be signed by the governing board
163	body of the charter school and the sponsor, following a public
164	hearing to ensure community input.
165	(a)  The charter shall address and criteria for approval of
166	the charter shall be based on:
167	1.  The school's mission, the students to be served, and
168	the ages and grades to be included.
169	2.  The focus of the curriculum, the instructional methods
170	to be used, any distinctive instructional techniques to be
171	employed, and identification and acquisition of appropriate
172	technologies needed to improve educational and administrative
173	performance which include a means for promoting safe, ethical,
174	and appropriate uses of technology which comply with legal and
175	professional standards.
176	a.  The charter shall ensure that reading is a primary
177	focus of the curriculum and that resources are provided to
178	identify and provide specialized instruction for students who
179	are reading below grade level. The curriculum and instructional
180	strategies for reading must be consistent with the Sunshine
181	State Standards and grounded in scientifically based reading
182	research.
183	b.  In order to provide students with access to diverse
184	instructional delivery models, to facilitate the integration of
185	technology within traditional classroom instruction, and to
186	provide students with the skills they need to compete in the
187	21st century economy, the Legislature encourages instructional
188	methods for blended learning courses consisting of both
189	traditional classroom and online instructional techniques.
190	Charter schools may implement blended learning courses which
191	combine traditional classroom instruction and virtual
192	instruction. Students in a blended learning course must be full-
193	time students of the charter school and receive the online
194	instruction in a classroom setting at the charter school.
195	Instructional personnel certified pursuant to s. 1012.55 who
196	provide virtual instruction for blended learning courses may be
197	employees of the charter school or may be under contract to
198	provide instructional services to charter school students. At a
199	minimum, such instructional personnel must hold an active state
200	or school district adjunct certification under s. 1012.57 for
201	the subject area of the blended learning course. The funding and
202	performance accountability requirements for blended learning
203	courses are the same as those for traditional courses.
204	3.  The current incoming baseline standard of student
205	academic achievement, the outcomes to be achieved, and the
206	method of measurement that will be used. The criteria listed in
207	this subparagraph shall include a detailed description of:
208	a.  How the baseline student academic achievement levels
209	and prior rates of academic progress will be established.
210	b.  How these baseline rates will be compared to rates of
211	academic progress achieved by these same students while
212	attending the charter school.
213	c.  To the extent possible, how these rates of progress
214	will be evaluated and compared with rates of progress of other
215	closely comparable student populations.
216
217	The district school board is required to provide academic
218	student performance data to charter schools for each of their
219	students coming from the district school system, as well as
220	rates of academic progress of comparable student populations in
221	the district school system.
222	4.  The methods used to identify the educational strengths
223	and needs of students and how well educational goals and
224	performance standards are met by students attending the charter
225	school. The methods shall provide a means for the charter school
226	to ensure accountability to its constituents by analyzing
227	student performance data and by evaluating the effectiveness and
228	efficiency of its major educational programs. Students in
229	charter schools shall, at a minimum, participate in the
230	statewide assessment program created under s. 1008.22.
231	5.  In secondary charter schools, a method for determining
232	that a student has satisfied the requirements for graduation in
233	s. 1003.43.
234	6.  A method for resolving conflicts between the governing
235	board body of the charter school and the sponsor.
236	7.  The admissions procedures and dismissal procedures,
237	including the school's code of student conduct.
238	8.  The ways by which the school will achieve a
239	racial/ethnic balance reflective of the community it serves or
240	within the racial/ethnic range of other public schools in the
241	same school district.
242	9.  The financial and administrative management of the
243	school, including a reasonable demonstration of the professional
244	experience or competence of those individuals or organizations
245	applying to operate the charter school or those hired or
246	retained to perform such professional services and the
247	description of clearly delineated responsibilities and the
248	policies and practices needed to effectively manage the charter
249	school. A description of internal audit procedures and
250	establishment of controls to ensure that financial resources are
251	properly managed must be included. Both public sector and
252	private sector professional experience shall be equally valid in
253	such a consideration.
254	10.  The asset and liability projections required in the
255	application which are incorporated into the charter and shall be
256	compared with information provided in the annual report of the
257	charter school.
258	11.  A description of procedures that identify various
259	risks and provide for a comprehensive approach to reduce the
260	impact of losses; plans to ensure the safety and security of
261	students and staff; plans to identify, minimize, and protect
262	others from violent or disruptive student behavior; and the
263	manner in which the school will be insured, including whether or
264	not the school will be required to have liability insurance,
265	and, if so, the terms and conditions thereof and the amounts of
266	coverage.
267	12.  The term of the charter which shall provide for
268	cancellation of the charter if insufficient progress has been
269	made in attaining the student achievement objectives of the
270	charter and if it is not likely that such objectives can be
271	achieved before expiration of the charter. The initial term of a
272	charter shall be for 4 or 5 years. In order to facilitate access
273	to long-term financial resources for charter school
274	construction, charter schools that are operated by a
275	municipality or other public entity as provided by law are
276	eligible for up to a 15-year charter, subject to approval by the
277	district school board. A charter lab school is eligible for a
278	charter for a term of up to 15 years. In addition, to facilitate
279	access to long-term financial resources for charter school
280	construction, charter schools that are operated by a private,
281	not-for-profit, s. 501(c)(3) status corporation are eligible for
282	up to a 15-year charter, subject to approval by the district
283	school board. Such long-term charters remain subject to annual
284	review and may be terminated during the term of the charter, but
285	only according to the provisions set forth in subsection (8).
286	13.  The facilities to be used and their location.
287	14.  The qualifications to be required of the teachers and
288	the potential strategies used to recruit, hire, train, and
289	retain qualified staff to achieve best value.
290	15.  The governance structure of the school, including the
291	status of the charter school as a public or private employer as
292	required in paragraph (12)(i).
293	16.  A timetable for implementing the charter which
294	addresses the implementation of each element thereof and the
295	date by which the charter shall be awarded in order to meet this
296	timetable.
297	17.  In the case of an existing public school that is being
298	converted to charter status, alternative arrangements for
299	current students who choose not to attend the charter school and
300	for current teachers who choose not to teach in the charter
301	school after conversion in accordance with the existing
302	collective bargaining agreement or district school board rule in
303	the absence of a collective bargaining agreement. However,
304	alternative arrangements shall not be required for current
305	teachers who choose not to teach in a charter lab school, except
306	as authorized by the employment policies of the state university
307	which grants the charter to the lab school.
308	18.  Full disclosure of the identity of all relatives
309	employed by the charter school who are related to the charter
310	school owner, president, chairperson of the governing board of
311	directors, superintendent, governing board member, principal,
312	assistant principal, or any other person employed by the charter
313	school who has equivalent decisionmaking authority. For the
314	purpose of this subparagraph, the term "relative" means father,
315	mother, son, daughter, brother, sister, uncle, aunt, first
316	cousin, nephew, niece, husband, wife, father-in-law, mother-in-
317	law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
318	stepfather, stepmother, stepson, stepdaughter, stepbrother,
319	stepsister, half brother, or half sister.
320	(b)1.  A charter may be renewed provided that a program
321	review demonstrates that the criteria in paragraph (a) have been
322	successfully accomplished and that none of the grounds for
323	nonrenewal established by paragraph (8)(a) has been documented.
324	In order to facilitate long-term financing for charter school
325	construction, charter schools operating for a minimum of 3 years
326	and demonstrating exemplary academic programming and fiscal
327	management are eligible for a 15-year charter renewal. Such
328	long-term charter is subject to annual review and may be
329	terminated during the term of the charter.
330	2.  The 15-year charter renewal that may be granted
331	pursuant to subparagraph 1. shall be granted to a charter school
332	that has received a school grade of "A" or "B" pursuant to s.
333	1008.34 in 3 of the past 4 years and is not in a state of
334	financial emergency or deficit position as defined by this
335	section. Such long-term charter is subject to annual review and
336	may be terminated during the term of the charter pursuant to
337	subsection (8).
338	(c)  A charter may be modified during its initial term or
339	any renewal term upon the recommendation of the sponsor or the
340	charter school governing board and the approval of both parties
341	to the agreement.
342	(d)  A school district may require that up to 50 percent of
343	a virtual charter school's governing board members reside in the
344	school district in which the virtual charter school is
345	sponsored. Each virtual charter school's governing board must
346	annually hold at least three public meetings in the school
347	district. Such meetings must be open and accessible to the
348	public, and attendees must be provided an opportunity to receive
349	information and provide input regarding the charter school's
350	affairs. A quorum of the governing board members must be
351	physically present at each meeting.
352	(17)  FUNDING.-Students enrolled in a charter school,
353	regardless of the sponsorship, shall be funded as if they are in
354	a basic program or a special program, the same as students
355	enrolled in other public schools in the school district. Funding
356	for a charter lab school shall be as provided in s. 1002.32.
357	(f)  Funding for a virtual charter school shall be as
358	provided in s. 1002.45(7).
359	(20)  SERVICES.-
360	(a)1.  A sponsor shall provide certain administrative and
361	educational services to charter schools. These services shall
362	include contract management services; full-time equivalent and
363	data reporting services; exceptional student education
364	administration services; services related to eligibility and
365	reporting duties required to ensure that school lunch services
366	under the federal lunch program, consistent with the needs of
367	the charter school, are provided by the school district at the
368	request of the charter school, that any funds due to the charter
369	school under the federal lunch program be paid to the charter
370	school as soon as the charter school begins serving food under
371	the federal lunch program, and that the charter school is paid
372	at the same time and in the same manner under the federal lunch
373	program as other public schools serviced by the sponsor or the
374	school district; test administration services, including payment
375	of the costs of state-required or district-required student
376	assessments; processing of teacher certificate data services;
377	and information services, including equal access to student
378	information systems that are used by public schools in the
379	district in which the charter school is located. Student
380	performance data for each student in a charter school,
381	including, but not limited to, FCAT scores, standardized test
382	scores, previous public school student report cards, and student
383	performance measures, shall be provided by the sponsor to a
384	charter school in the same manner provided to other public
385	schools in the district.
386	2.  A total administrative fee for the provision of such
387	services shall be calculated based upon up to 5 percent of the
388	available funds defined in paragraph (17)(b) for all students.
389	However, a sponsor may only withhold up to a 5-percent
390	administrative fee for enrollment for up to and including 250
391	students. For charter schools with a population of 251 or more
392	students, the difference between the total administrative fee
393	calculation and the amount of the administrative fee withheld
394	may only be used for capital outlay purposes specified in s.
395	1013.62(2).
396	3.  In addition, a sponsor may withhold only up to a 5-
397	percent administrative fee for enrollment for up to and
398	including 500 students within a system of charter schools which
399	meets all of the following:
400	a.  Includes both conversion charter schools and
401	nonconversion charter schools;
402	b.  Has all schools located in the same county;
403	c.  Has a total enrollment exceeding the total enrollment
404	of at least one school district in the state;
405	d.  Has the same governing board; and
406	e.  Does not contract with a for-profit service provider
407	for management of school operations.
408	4.  The difference between the total administrative fee
409	calculation and the amount of the administrative fee withheld
410	pursuant to subparagraph 3. may be used for instructional and
411	administrative purposes as well as for capital outlay purposes
412	specified in s. 1013.62(2).
413	5.  Each charter school shall receive 100 percent of the
414	funds awarded to that school pursuant to s. 1012.225. Sponsors
415	shall not charge charter schools any additional fees or
416	surcharges for administrative and educational services in
417	addition to the maximum 5-percent administrative fee withheld
418	pursuant to this paragraph.
419	6.  The sponsor of a virtual charter school may withhold a
420	fee of up to 5 percent. The funds shall be used to cover the
421	cost of services provided under subparagraph 1. and for the
422	school district's local instructional improvement system
423	pursuant to s. 1006.281 or other technological tools that are
424	required to access electronic and digital instructional
425	materials.
426	Section 3.  Paragraph (a) of subsection (3) of section
427	1002.37, Florida Statutes, is amended, and subsections (8), (9),
428	(10), and (11) are added to that section, to read:
429	1002.37  The Florida Virtual School.-
430	(3)  Funding for the Florida Virtual School shall be
431	provided as follows:
432	(a)1.  For a student in grades 9 through 12, a "full-time
433	equivalent student" for the Florida Virtual School is one
434	student who has successfully completed six full-credit courses
435	credits that shall count toward the minimum number of credits
436	required for high school graduation. A student who completes
437	fewer less than six full-credit courses is credits shall be a
438	fraction of a full-time equivalent student. Half-credit course
439	completions shall be included in determining a full-time
440	equivalent student. Credit completed by a student in excess of
441	the minimum required for that student for high school graduation
442	is not eligible for funding.
443	2.  For a student in kindergarten through grade 8, a "full-
444	time equivalent student" is one student who has successfully
445	completed six courses or the prescribed level of content that
446	counts toward promotion to the next grade. A student who
447	completes fewer than six courses or the prescribed level of
448	content shall be a fraction of a full-time equivalent student.
449	3.  Beginning in the 2014-2015 fiscal year, when s.
450	1008.22(3)(g) is implemented, the reported full-time equivalent
451	students and associated funding of students enrolled in courses
452	requiring passage of an end-of-course assessment shall be
453	adjusted after the student completes the end-of-course
454	assessment. However, no adjustment shall be made for home
455	education program students who choose not to take an end-of-
456	course assessment.
457
458	For purposes of this paragraph, the calculation of "full-time
459	equivalent student" shall be as prescribed in s.
460	1011.61(1)(c)1.b.(V).
461	(8)(a)  The Florida Virtual School may provide full-time
462	instruction for students in kindergarten through grade 12 and
463	part-time instruction for students in grades 4 through 12. Part-
464	time instruction for grades 4 and 5 may be provided only to
465	public school students taking grade 6 through grade 8 courses.
466	(b)  For students receiving part-time instruction in grades
467	4 and 5 and students receiving full-time instruction in
468	kindergarten through grade 12 from the Florida Virtual School,
469	the combined total of all FTE reported by both the school
470	district and the Florida Virtual School may not exceed 1.0 FTE.
471	(9)  Each elementary school principal must notify the
472	parent of each student who scores at Level 4 or Level 5 on FCAT
473	Reading or FCAT Mathematics of the option for the student to
474	take accelerated courses through the Florida Virtual School.
475	(10)(a)  Public school students receiving full-time
476	instruction in kindergarten through grade 12 by the Florida
477	Virtual School must take all statewide assessments required
478	pursuant to s. 1008.22.
479	(b)  Public school students receiving part-time instruction
480	by the Florida Virtual School in courses requiring statewide
481	end-of-course assessments must take all statewide end-of-course
482	assessments required pursuant to s. 1008.22(3)(c)2.
483	(c)  All statewide assessments must be taken within the
484	school district in which the student resides. A school district
485	must provide the student with access to the district's testing
486	facilities.
487	(11)  The Florida Virtual School shall receive a school
488	grade pursuant to s. 1008.34 for students receiving full-time
489	instruction.
490	Section 4.  Section 1002.45, Florida Statutes, is amended
491	to read:
492	1002.45  School district Virtual instruction programs.-
493	(1)  PROGRAM.-
494	(a)  For purposes of this section, the term:
495	1.  "Approved provider" means a provider that is approved
496	by the Department of Education under subsection (2), the Florida
497	Virtual School, a franchise of the Florida Virtual School, or a
498	community college.
499	2.  "Virtual instruction program" means a program of
500	instruction provided in an interactive learning environment
501	created through technology in which students are separated from
502	their teachers by time or space, or both, and in which a
503	Florida-certified teacher under chapter 1012 is responsible for
504	at least:
505	a.  Fifty percent of the direct instruction to students in
506	kindergarten through grade 5; or
507	b.  Eighty percent of the direct instruction to students in
508	grades 6 through 12.
509	(b)  Beginning with the 2009-2010 school year, Each school
510	district shall provide all enrolled public school eligible
511	students within its boundaries multiple opportunities for
512	participation the option of participating in part-time and full-
513	time a virtual instruction program options. Each school district
514	must provide at least three virtual instruction program options
515	and provide parents with timely written notification of an open
516	enrollment period for full-time students of at least 90 days
517	that ends no later than 30 days prior to the first day of the
518	school year. The purpose of the program is to make quality
519	virtual instruction available to students using online and
520	distance learning technology in the nontraditional classroom. A
521	school district virtual instruction The program shall provide
522	the following be:
523	1.  Full-time virtual instruction for students enrolled in
524	kindergarten through grade 12.
525	2.  Full-time or Part-time virtual instruction for students
526	enrolled in grades 9 through 12 courses that are measured
527	pursuant to subparagraph (8)(a)2.
528	3.  Full-time or part-time virtual instruction for students
529	who are enrolled in dropout prevention and academic intervention
530	programs under s. 1003.53, Department of Juvenile Justice
531	education programs under s. 1003.52, core-curricula courses to
532	meet class size requirements under s. 1003.03, or community
533	colleges under this section.
534	(c)  To provide students with the option of participating
535	in virtual instruction programs as required by paragraph (b), a
536	school district may:
537	1.  Contract with the Florida Virtual School or establish a
538	franchise of the Florida Virtual School for the provision of a
539	program under paragraph (b). Using this option is subject to the
540	requirements of this section and s. 1011.61(1)(c)1.b.(III) and
541	(IV).
542	2.  Contract with an approved provider under subsection (2)
543	for the provision of a full-time program under subparagraph
544	(b)1. or subparagraph (b)3. or a full-time or part-time program
545	under subparagraph (b)2. or subparagraph (b)3.
546	3.  Enter into an agreement with other another school
547	districts district to allow the participation of its students in
548	an approved virtual instruction program provided by the other
549	school district. The agreement must indicate a process for the
550	transfer of funds required by paragraph (7)(f)(b).
551	4.  Establish school district operated part-time or full-
552	time kindergarten through grade 12 virtual instruction programs
553	under paragraph (b) for students enrolled in the school
554	district. A full-time program shall operate under its own Master
555	School Identification Number.
556	5.  Enter into an agreement with a virtual charter school
557	authorized by the school district under s. 1002.33.
558
559	Contracts under subparagraph 1. or subparagraph 2. may include
560	multidistrict contractual arrangements that may be executed by a
561	regional consortium for its member districts. A multidistrict
562	contractual arrangement or an agreement under subparagraph 3. is
563	not subject to s. 1001.42(4)(d) and does not require the
564	participating school districts to be contiguous. These
565	arrangements may be used to fulfill the requirements of
566	paragraph (b).
567	(d)  A virtual charter school may provide full-time virtual
568	instruction for students in kindergarten through grade 12 if the
569	virtual charter school has a charter approved pursuant to s.
570	1002.33 authorizing full-time virtual instruction. A virtual
571	charter school may:
572	1.  Contract with the Florida Virtual School.
573	2.  Contract with an approved provider under subsection
574	(2).
575	3.  Enter into an a joint agreement with the school
576	districts to allow the participation of its students district in
577	which it is located for the charter school's students to
578	participate in a the school district's virtual instruction
579	program. The agreement must indicate a process for reporting of
580	student enrollment and the transfer of funds required by
581	paragraph (7)(f).
582	(e)  Each school district shall:
583	1.  Provide to the department by October 1, 2011, and by
584	each October 1 thereafter, a copy of each contract and the
585	amounts paid per unweighted full-time equivalent student for
586	services procured pursuant to subparagraphs (c)1. and 2.
587	2.  Expend the difference in funds provided for a student
588	participating in the school district virtual instruction program
589	pursuant to subsection (7) and the price paid for contracted
590	services procured pursuant to subparagraphs (c)1. and 2. for the
591	district's local instructional improvement system pursuant to s.
592	1006.281 or other technological tools that are required to
593	access electronic and digital instructional materials.
594	3.  At the end of each fiscal year, but no later than
595	September 1, report to the department an itemized list of the
596	technological tools purchased with these funds.
597	(2)  PROVIDER QUALIFICATIONS.-
598	(a)  The department shall annually publish online provide
599	school districts with a list of providers approved to offer
600	virtual instruction programs. To be approved by the department,
601	a provider must document that it:
602	1.  Is nonsectarian in its programs, admission policies,
603	employment practices, and operations;
604	2.  Complies with the antidiscrimination provisions of s.
605	1000.05;
606	3.  Locates an administrative office or offices in this
607	state, requires its administrative staff to be state residents,
608	requires all instructional staff to be Florida-certified
609	teachers under chapter 1012, and conducts background screenings
610	for all employees or contracted personnel, as required by s.
611	1012.32, using state and national criminal history records;
612	4.  Possesses prior, successful experience offering online
613	courses to elementary, middle, or high school students as
614	demonstrated by quantified student learning gains in each
615	subject area and grade level provided for consideration as an
616	instructional program option;
617	5.  Is accredited by a regional accrediting association as
618	defined by State Board of Education rule; the Southern
619	Association of Colleges and Schools Council on Accreditation and
620	School Improvement, the North Central Association Commission on
621	Accreditation and School Improvement, the Middle States
622	Association of Colleges and Schools Commission on Elementary
623	Schools and Commission on Secondary Schools, the New England
624	Association of Schools and Colleges, the Northwest Association
625	of Accredited Schools, the Western Association of Schools and
626	Colleges, or the Commission on International and Trans-Regional
627	Accreditation; and
628	6.  Ensures instructional and curricular quality through a
629	detailed curriculum and student performance accountability plan
630	that addresses every subject and grade level it intends to
631	provide through contract with the school district, including:
632	a.  Courses and programs that meet the standards of the
633	International Association for K-12 Online Learning and the
634	Southern Regional Education Board.
635	b.  Instructional content and services that align with, and
636	measure student attainment of, student proficiency in the Next
637	Generation Sunshine State Standards.
638	c.  Mechanisms that determine and ensure that a student has
639	satisfied requirements for grade level promotion and high school
640	graduation with a standard diploma, as appropriate;
641	7.  Publishes for the general public, in accordance with
642	disclosure requirements adopted in rule by the State Board of
643	Education, as part of its application as a provider and in all
644	contracts negotiated pursuant to this section:
645	a.  Information and data about the curriculum of each full-
646	time and part-time program.
647	b.  School policies and procedures.
648	c.  Certification status and physical location of all
649	administrative and instructional personnel.
650	d.  Hours and times of availability of instructional
651	personnel.
652	e.  Student-teacher ratios.
653	f.  Student completion and promotion rates.
654	g.  Student, educator, and school performance
655	accountability outcomes; and
656	8.6.  If the provider is a community college, employs
657	instructors who meet the certification requirements for
658	instructional staff under chapter 1012.
659	(b)  An approved provider shall retain its approved status
660	for a period of 3 years after the date of the department's
661	approval under paragraph (a) as long as the provider continues
662	to comply with all requirements of this section. However, each
663	provider approved by the department for the 2011-2012 school
664	year must reapply for approval to provide a part-time program
665	for students in grades 9 through 12.
666	(3)  SCHOOL DISTRICT VIRTUAL INSTRUCTION PROGRAM
667	REQUIREMENTS.-Each school district virtual instruction program
668	under this section must:
669	(a)  Align virtual course curriculum and course content to
670	the Sunshine State Standards under s. 1003.41.
671	(b)  Offer instruction that is designed to enable a student
672	to gain proficiency in each virtually delivered course of study.
673	(c)  Provide each student enrolled in the program with all
674	the necessary instructional materials.
675	(d)  Provide, when appropriate, each full-time student
676	enrolled in the program who qualifies for free or reduced-price
677	school lunches under the National School Lunch Act, or who is on
678	the direct certification list, and who does not have a computer
679	or Internet access in his or her home with:
680	1.  All equipment necessary for participants in the school
681	district virtual instruction program, including, but not limited
682	to, a computer, computer monitor, and printer, if a printer is
683	necessary to participate in the program; and
684	2.  Access to or reimbursement for all Internet services
685	necessary for online delivery of instruction.
686	(e)  Not require tuition or student registration fees.
687	(4)  CONTRACT REQUIREMENTS.-Each contract with an approved
688	provider must at minimum:
689	(a)  Set forth a detailed curriculum plan that illustrates
690	how students will be provided services and be measured for
691	attainment of to attain proficiency in the Next Generation
692	Sunshine State Standards for each grade level and subject.
693	(b)  Provide a method for determining that a student has
694	satisfied the requirements for graduation in s. 1003.428, s.
695	1003.429, or s. 1003.43 if the contract is for the provision of
696	a full-time virtual instruction program to students in grades 9
697	through 12.
698	(c)  Specify a method for resolving conflicts among the
699	parties.
700	(d)  Specify authorized reasons for termination of the
701	contract.
702	(e)  Require the approved provider to be responsible for
703	all debts of the school district virtual instruction program if
704	the contract is not renewed or is terminated.
705	(f)  Require the approved provider to comply with all
706	requirements of this section.
707	(5)  STUDENT ELIGIBILITY.-A student may enroll in a virtual
708	instruction program provided by the school district or by a
709	virtual charter school operated in the district in which he or
710	she resides if the student meets eligibility requirements for
711	virtual instruction pursuant to s. 1002.455. at least one of the
712	following conditions:
713	(a)  The student has spent the prior school year in
714	attendance at a public school in this state and was enrolled and
715	reported by a public school district for funding during the
716	preceding October and February for purposes of the Florida
717	Education Finance Program surveys.
718	(b)  The student is a dependent child of a member of the
719	United States Armed Forces who was transferred within the last
720	12 months to this state from another state or from a foreign
721	country pursuant to the parent's permanent change of station
722	orders.
723	(c)  The student was enrolled during the prior school year
724	in a school district virtual instruction program under this
725	section or a K-8 Virtual School Program under s. 1002.415.
726	(d)  The student has a sibling who is currently enrolled in
727	a school district virtual instruction program and that sibling
728	was enrolled in such program at the end of the prior school
729	year.
730	(6)  STUDENT PARTICIPATION REQUIREMENTS.-Each student
731	enrolled in a school district virtual instruction program or
732	virtual charter school must:
733	(a)  Comply with the compulsory attendance requirements of
734	s. 1003.21. Student attendance must be verified by the school
735	district.
736	(b)  Take state assessment tests within the school district
737	in which such student resides, which must provide the student
738	with access to the district's testing facilities.
739	(7)  VIRTUAL INSTRUCTION PROGRAM AND VIRTUAL CHARTER SCHOOL
740	FUNDING.-
741	(a)  Students enrolled in a virtual instruction program or
742	a virtual charter school shall be funded through the Florida
743	Education Finance Program as provided in the General
744	Appropriations Act. However, such funds may not be provided for
745	the purpose of fulfilling the class size requirements in ss.
746	1003.03 and 1011.685.
747	(b)  For purposes of a school district virtual instruction
748	program or a virtual charter school, "full-time equivalent
749	student" has the same meaning as provided in s.
750	1011.61(1)(c)1.b.(III) or (IV).
751	(c)  For a student enrolled part-time in a grades 6 through
752	12 program, a "full-time equivalent student" has the same
753	meaning as provided in s. 1011.61(1)(c)1.b.(IV).
754	(d)  A student may not be reported as more than 1.0 full-
755	time equivalent student in any given school year.
756	(e)  Beginning in the 2014-2015 fiscal year, when s.
757	1008.22(3)(g) is implemented, the reported full-time equivalent
758	students and associated funding of students enrolled in courses
759	requiring passage of an end-of-course assessment shall be
760	adjusted after the student completes the end-of-course
761	assessment.
762	(f)(b)  The school district in which the student resides
763	shall report full-time equivalent students for a the school
764	district virtual instruction program or a virtual charter school
765	to the department in a manner prescribed by the department, and
766	funding shall be provided through the Florida Education Finance
767	Program. Funds received by the school district of residence for
768	a student in a virtual instruction program provided by another
769	school district under this section shall be transferred to the
770	school district providing the virtual instruction program.
771	(g)(c)  A community college provider may not report
772	students who are served in a school district virtual instruction
773	program for funding under the Community College Program Fund.
774	(8)  ASSESSMENT AND ACCOUNTABILITY.-
775	(a)  Each approved provider contracted under this section
776	must:
777	1.  Participate in the statewide assessment program under
778	s. 1008.22 and in the state's education performance
779	accountability system under s. 1008.31.
780	2.  Receive a school grade under s. 1008.34 or a school
781	improvement rating under s. 1008.341, as applicable. The school
782	grade or school improvement rating received by each approved
783	provider shall be based upon the aggregated assessment scores of
784	all students served by the provider statewide. The department
785	shall publish the school grade or school improvement rating
786	received by each approved provider on its Internet website. The
787	department shall develop an evaluation method for providers of
788	part-time programs which includes the percentage of students
789	making learning gains, the percentage of students successfully
790	passing any required end-of-course assessment, the percentage of
791	students taking Advanced Placement examinations, and the
792	percentage of students scoring 3 or higher on an Advanced
793	Placement examination.
794	(b)  The performance of part-time students in grades 9
795	through 12 shall not be included for purposes of school grades
796	or school improvement ratings under subparagraph (a)2.; however,
797	their performance shall be included for school grading or school
798	improvement rating purposes by the nonvirtual school providing
799	the student's primary instruction.
800	(c)  An approved provider that receives a school grade of
801	"D" or "F" under s. 1008.34 or a school improvement rating of
802	"Declining" under s. 1008.341 must file a school improvement
803	plan with the department for consultation to determine the
804	causes for low performance and to develop a plan for correction
805	and improvement.
806	(d)  An approved provider's contract must be terminated if
807	the provider receives a school grade of "D" or "F" under s.
808	1008.34 or a school improvement rating of "Declining" under s.
809	1008.341 for 2 years during any consecutive 4-year period or has
810	violated any qualification requirement pursuant to subsection
811	(2). A provider that has a contract terminated under this
812	paragraph may not be an approved provider for a period of at
813	least 1 year after the date upon which the contract was
814	terminated and until the department determines that the provider
815	is in compliance with subsection (2) and has corrected each
816	cause of the provider's low performance.
817	(9)  EXCEPTIONS.-A provider of digital or online content or
818	curriculum that is used to supplement the instruction of
819	students who are not enrolled in a school district virtual
820	instruction program under this section is not required to meet
821	the requirements of this section.
822	(10)  MARKETING.-Each school district shall provide
823	information to parents and students about the parent's and
824	student's right to participate in a school district virtual
825	instruction program under this section and in courses offered by
826	the Florida Virtual School under s. 1002.37.
827	(11)  RULES.-The State Board of Education shall adopt rules
828	necessary to administer this section, including rules that
829	prescribe disclosure requirements under subsection (2) and
830	school district reporting requirements under subsection (7).
831	Section 5.  Section 1002.455, Florida Statutes, is created
832	to read:
833	1002.455  Student eligibility for K-12 virtual
834	instruction.-
835	(1)  A student may enroll in virtual instruction in the
836	school district in which he or she resides if the student meets
837	at least one of the following conditions:
838	(a)  The student spent the prior school year in attendance
839	at a public school in the state and was enrolled and reported by
840	the school district for funding during October and February for
841	purposes of the Florida Education Finance Program surveys;
842	(b)  The student is a dependent child of a member of the
843	United States Armed Forces who was transferred within the last
844	12 months to this state from another state or from a foreign
845	country pursuant to a permanent change of station order;
846	(c)  The student was enrolled during the prior school year
847	in a virtual instruction program under s. 1002.45 or a K-8
848	Virtual School Program under s. 1002.415;
849	(d)  The student has a sibling who is currently enrolled in
850	a virtual instruction program and the sibling was enrolled in
851	that program at the end of the prior school year; or
852	(e)  The student is eligible to enter kindergarten or first
853	grade.
854	(2)  The virtual instruction options for which this
855	eligibility section applies include:
856	(a)  School district operated part-time or full-time
857	kindergarten through grade 12 virtual instruction programs under
858	s. 1002.45(1)(b) for students enrolled in the school district.
859	(b)  Full-time virtual charter school instruction
860	authorized under s. 1002.33.
861	(c)  Courses delivered in the traditional school setting by
862	personnel providing direct instruction through a virtual
863	environment or though a blended virtual and physical environment
864	pursuant to s. 1003.498 and as authorized pursuant to s.
865	1002.321(4)(e).
866	(d)  Virtual courses offered in the course code directory
867	to students within the school district or to students in other
868	school districts throughout the state pursuant to s. 1003.498.
869	Section 6.  Paragraph (c) is added to subsection (2) of
870	section 1003.428, Florida Statutes, to read:
871	1003.428  General requirements for high school graduation;
872	revised.-
873	(2)  The 24 credits may be earned through applied,
874	integrated, and combined courses approved by the Department of
875	Education. The 24 credits shall be distributed as follows:
876	(c)  Beginning with students entering grade 9 in the 2011-
877	2012 school year, at least one course within the 24 credits
878	required in this subsection must be completed through online
879	learning. However, an online course taken during grades 6
880	through 8 fulfills this requirement. This requirement shall be
881	met through an online course offered by the Florida Virtual
882	School, an online course offered by the high school, or an
883	online dual enrollment course offered pursuant to a district
884	interinstitutional articulation agreement pursuant to s.
885	1007.235. A student who is enrolled in a full-time or part-time
886	virtual instruction program under s. 1002.45 meets this
887	requirement.
888	Section 7.  Section 1003.498, Florida Statutes, is created
889	to read:
890	1003.498  School district virtual course offerings.-
891	(1)  School districts may deliver courses in the
892	traditional school setting by personnel certified pursuant to s.
893	1012.55 who provide direct instruction through a virtual
894	environment or though a blended virtual and physical
895	environment.
896	(2)  School districts may offer virtual courses for
897	students enrolled in the school district. These courses must be
898	identified in the course code directory. Students who meet the
899	eligibility requirements of s. 1002.455 may participate in these
900	virtual course offerings.
901	(a)  Any eligible student who is enrolled in a school
902	district may register and enroll in an online course offered by
903	his or her school district.
904	(b)  Any eligible student who is enrolled in a school
905	district may register and enroll in an online course offered by
906	any other school district in the state, except as limited by the
907	following:
908	1.  A student may not enroll in a course offered through a
909	virtual instruction program provided pursuant to s. 1002.45.
910	2.  A student may not enroll in a virtual course offered by
911	another school district if:
912	a.  The course is offered online by the school district in
913	which the student resides; or
914	b.  The course is offered in the school in which the
915	student is enrolled. However, a student may enroll in an online
916	course offered by another school district if the school in which
917	the student is enrolled offers the course but the student is
918	unable to schedule the course in his or her school.
919	3.  The school district in which the student completes the
920	course shall report the student's completion of that course for
921	funding pursuant to s. 1011.61(1)(c)b.(VI) and the home school
922	district shall not report the student for funding for that
923	course.
924
925	For purposes of this paragraph, the combined total of all school
926	district reported FTE may not be reported as more than 1.0 full-
927	time equivalent student in any given school year. The Department
928	of Education shall establish procedures to enable interdistrict
929	coordination for the delivery and funding of this online option.
930	Section 8.  Paragraph (g) of subsection (3) of section
931	1008.22, Florida Statutes, is amended to read:
932	1008.22  Student assessment program for public schools.-
933	(3)  STATEWIDE ASSESSMENT PROGRAM.-The commissioner shall
934	design and implement a statewide program of educational
935	assessment that provides information for the improvement of the
936	operation and management of the public schools, including
937	schools operating for the purpose of providing educational
938	services to youth in Department of Juvenile Justice programs.
939	The commissioner may enter into contracts for the continued
940	administration of the assessment, testing, and evaluation
941	programs authorized and funded by the Legislature. Contracts may
942	be initiated in 1 fiscal year and continue into the next and may
943	be paid from the appropriations of either or both fiscal years.
944	The commissioner is authorized to negotiate for the sale or
945	lease of tests, scoring protocols, test scoring services, and
946	related materials developed pursuant to law. Pursuant to the
947	statewide assessment program, the commissioner shall:
948	(g)  Beginning with the 2014-2015 school year, all
949	statewide end-of-course assessments shall be administered
950	online. Study the cost and student achievement impact of
951	secondary end-of-course assessments, including web-based and
952	performance formats, and report to the Legislature prior to
953	implementation.
954	Section 9.  Paragraph (c) of subsection (1) of section
955	1011.61, Florida Statutes, is amended to read:
956	1011.61  Definitions.-Notwithstanding the provisions of s.
957	1000.21, the following terms are defined as follows for the
958	purposes of the Florida Education Finance Program:
959	(1)  A "full-time equivalent student" in each program of
960	the district is defined in terms of full-time students and part-
961	time students as follows:
962	(c)1.  A "full-time equivalent student" is:
963	a.  A full-time student in any one of the programs listed
964	in s. 1011.62(1)(c); or
965	b.  A combination of full-time or part-time students in any
966	one of the programs listed in s. 1011.62(1)(c) which is the
967	equivalent of one full-time student based on the following
968	calculations:
969	(I)  A full-time student, except a postsecondary or adult
970	student or a senior high school student enrolled in adult
971	education when such courses are required for high school
972	graduation, in a combination of programs listed in s.
973	1011.62(1)(c) shall be a fraction of a full-time equivalent
974	membership in each special program equal to the number of net
975	hours per school year for which he or she is a member, divided
976	by the appropriate number of hours set forth in subparagraph
977	(a)1. or subparagraph (a)2. The difference between that fraction
978	or sum of fractions and the maximum value as set forth in
979	subsection (4) for each full-time student is presumed to be the
980	balance of the student's time not spent in such special
981	education programs and shall be recorded as time in the
982	appropriate basic program.
983	(II)  A prekindergarten handicapped student shall meet the
984	requirements specified for kindergarten students.
985	(III)  A full-time equivalent student for students in
986	kindergarten through grade 5 in a school district virtual
987	instruction program under s. 1002.45 or a virtual charter school
988	under s. 1002.33 shall consist of a student who has successfully
989	completed a basic program listed in s. 1011.62(1)(c)1.a. or b.,
990	and who is promoted to a higher grade level.
991	(IV)  A full-time equivalent student for students in grades
992	6 through 12 in a school district virtual instruction program
993	under s. 1002.45(1)(b)1., and 2., or 3. or a virtual charter
994	school under s. 1002.33 shall consist of six full credit
995	completions in programs listed in s. 1011.62(1)(c)1.b. or c. and
996	3. Credit completions may can be a combination of full-credit
997	courses or half-credit courses either full credits or half
998	credits. Beginning in the 2014-2015 fiscal year, when s.
999	1008.22(3)(g) is implemented, the reported full-time equivalent
1000	students and associated funding of students enrolled in courses
1001	requiring passage of an end-of-course assessment shall be
1002	adjusted after the student completes the end-of-course
1003	assessment.
1004	(V)  A Florida Virtual School full-time equivalent student
1005	shall consist of six full credit completions or the prescribed
1006	level of content that counts toward promotion to the next grade
1007	in the programs listed in s. 1011.62(1)(c)1.a. and b. for
1008	kindergarten grades 6 through grade 8 and the programs listed in
1009	s. 1011.62(1)(c)1.c. for grades 9 through 12. Credit completions
1010	may can be a combination of full-credit courses or half-credit
1011	courses either full credits or half credits. Beginning in the
1012	2014-2015 fiscal year, when s. 1008.22(3)(g) is implemented, the
1013	reported full-time equivalent students and associated funding of
1014	students enrolled in courses requiring passage of an end-of-
1015	course assessment shall be adjusted after the student completes
1016	the end-of-course assessment.
1017	(VI)  Each successfully completed full-credit course earned
1018	through an online course delivered by a district other than the
1019	one in which the student resides shall be calculated as 1/6 FTE.
1020	(VII)(VI)  Each successfully completed credit earned under
1021	the alternative high school course credit requirements
1022	authorized in s. 1002.375, which is not reported as a portion of
1023	the 900 net hours of instruction pursuant to subparagraph
1024	(1)(a)1., shall be calculated as 1/6 FTE.
1025	2.  A student in membership in a program scheduled for more
1026	or less than 180 school days or the equivalent on an hourly
1027	basis as specified by rules of the State Board of Education is a
1028	fraction of a full-time equivalent membership equal to the
1029	number of instructional hours in membership divided by the
1030	appropriate number of hours set forth in subparagraph (a)1.;
1031	however, for the purposes of this subparagraph, membership in
1032	programs scheduled for more than 180 days is limited to students
1033	enrolled in juvenile justice education programs and the Florida
1034	Virtual School.
1035
1036	The department shall determine and implement an equitable method
1037	of equivalent funding for experimental schools and for schools
1038	operating under emergency conditions, which schools have been
1039	approved by the department to operate for less than the minimum
1040	school day.
1041	Section 10.  Section 1012.57, Florida Statutes, is amended
1042	to read:
1043	1012.57  Certification of adjunct educators.-
1044	(1)  Notwithstanding the provisions of ss. 1012.32,
1045	1012.55, and 1012.56, or any other provision of law or rule to
1046	the contrary, district school boards shall adopt rules to allow
1047	for the issuance of an adjunct teaching certificate to any
1048	applicant who fulfills the requirements of s. 1012.56(2)(a)-(f)
1049	and (10) and who has expertise in the subject area to be taught.
1050	An applicant shall be considered to have expertise in the
1051	subject area to be taught if the applicant demonstrates
1052	sufficient subject area mastery through passage of a subject
1053	area test. The adjunct teaching certificate shall be used for
1054	part-time teaching positions.
1055	(2)  The Legislature intends that this section intent of
1056	this provision is to allow school districts to tap the wealth of
1057	talent and expertise represented in Florida's citizens who may
1058	wish to teach part-time in a Florida public school by permitting
1059	school districts to issue adjunct certificates to qualified
1060	applicants.
1061	(3)  Adjunct certificateholders should be used as a
1062	strategy to enhance the diversity of course offerings offered to
1063	all students. School districts may use the expertise of
1064	individuals in the state who wish to provide online instruction
1065	to students by issuing adjunct certificates to qualified
1066	applicants reduce the teacher shortage; thus, adjunct
1067	certificateholders should supplement a school's instructional
1068	staff, not supplant it. Each school principal shall assign an
1069	experienced peer mentor to assist the adjunct teaching
1070	certificateholder during the certificateholder's first year of
1071	teaching, and an adjunct certificateholder may participate in a
1072	district's new teacher training program. District school boards
1073	shall provide the adjunct teaching certificateholder an
1074	orientation in classroom management prior to assigning the
1075	certificateholder to a school.
1076	(4)  Each adjunct teaching certificate is valid through the
1077	term of the annual contract between the educator and the school
1078	district. Additional annual certifications and annual contracts
1079	may be awarded by the district at the district's discretion but
1080	only for 5 school years and is renewable if the applicant is
1081	rated effective or highly effective under s. 1012.34 has
1082	received satisfactory performance evaluations during each year
1083	of teaching under adjunct teaching certification.
1084	(5)(2)  Individuals who are certified and employed under
1085	this section shall have the same rights and protection of laws
1086	as teachers certified under s. 1012.56.
1087	Section 11.  Subsection (1) of section 1000.04, Florida
1088	Statutes, is amended to read:
1089	1000.04  Components for the delivery of public education
1090	within the Florida K-20 education system.-Florida's K-20
1091	education system provides for the delivery of public education
1092	through publicly supported and controlled K-12 schools,
1093	community colleges, state universities and other postsecondary
1094	educational institutions, other educational institutions, and
1095	other educational services as provided or authorized by the
1096	Constitution and laws of the state.
1097	(1)  PUBLIC K-12 SCHOOLS.-The public K-12 schools include
1098	charter schools and consist of kindergarten classes; elementary,
1099	middle, and high school grades and special classes; school
1100	district virtual instruction programs; workforce education;
1101	career centers; adult, part-time, and evening schools, courses,
1102	or classes, as authorized by law to be operated under the
1103	control of district school boards; and lab schools operated
1104	under the control of state universities.
1105	Section 12.  Paragraph (a) of subsection (6) of section
1106	1002.20, Florida Statutes, is amended to read:
1107	1002.20  K-12 student and parent rights.-Parents of public
1108	school students must receive accurate and timely information
1109	regarding their child's academic progress and must be informed
1110	of ways they can help their child to succeed in school. K-12
1111	students and their parents are afforded numerous statutory
1112	rights including, but not limited to, the following:
1113	(6)  EDUCATIONAL CHOICE.-
1114	(a)  Public school choices.-Parents of public school
1115	students may seek whatever public school choice options that are
1116	applicable to their students and are available to students in
1117	their school districts. These options may include controlled
1118	open enrollment, single-gender programs, lab schools, school
1119	district virtual instruction programs, charter schools, charter
1120	technical career centers, magnet schools, alternative schools,
1121	special programs, advanced placement, dual enrollment,
1122	International Baccalaureate, International General Certificate
1123	of Secondary Education (pre-AICE), Advanced International
1124	Certificate of Education, early admissions, credit by
1125	examination or demonstration of competency, the New World School
1126	of the Arts, the Florida School for the Deaf and the Blind, and
1127	the Florida Virtual School. These options may also include the
1128	public school choice options of the Opportunity Scholarship
1129	Program and the McKay Scholarships for Students with
1130	Disabilities Program.
1131	Section 13.  Paragraph (b) of subsection (3) of section
1132	1003.03, Florida Statutes, is amended to read:
1133	1003.03  Maximum class size.-
1134	(3)  IMPLEMENTATION OPTIONS.-District school boards must
1135	consider, but are not limited to, implementing the following
1136	items in order to meet the constitutional class size maximums
1137	described in subsection (1):
1138	(b)  Adopt policies to encourage students to take courses
1139	from the Florida Virtual School and other school district
1140	virtual instruction options under s. 1002.45 programs.
1141	Section 14.  By December 1, 2011, the Department of
1142	Education shall submit a report to the Governor, the President
1143	of the Senate, and the Speaker of the House of Representatives
1144	which identifies and explains the best methods and strategies by
1145	which the department can assist district school boards in
1146	acquiring digital learning at the most reasonable prices
1147	possible and provides a plan under which district school boards
1148	may voluntarily pool their bids for such purchases. The report
1149	shall identify criteria that will enable district school boards
1150	to differentiate between the level of service and pricing based
1151	upon factors such as the level of student support, the frequency
1152	of teacher-student communications, instructional accountability
1153	standards, and academic integrity. The report shall also include
1154	ways to increase student access to digital learning, including
1155	identification and analysis of the best methods and strategies
1156	for implementing part-time virtual education in kindergarten
1157	through grade 5.
1158	Section 15.  This act shall take effect July 1, 2011.

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