CS/CS/HB 7197

A bill to be entitled
2An act relating to digital learning; creating s. 1002.321,
3F.S.; creating the Digital Learning Now Act; providing
4legislative findings related to the elements to be
5included in high-quality digital learning; providing
6digital preparation requirements; providing for customized
7and accelerated learning; amending s. 1002.33, F.S.;
8authorizing the establishment of virtual charter schools;
9providing application requirements for establishment of a
10virtual charter school; authorizing a charter school to
11implement blended learning courses; requiring each charter
12school governing board to appoint a representative and
13specifying duties; requiring each governing board to hold
14two public meetings per school year; providing funding for
15a virtual charter school; establishing administrative fees
16for a virtual charter school; amending s. 1002.37, F.S.;
17redefining the term "full-time equivalent student" as it
18applies to the Florida Virtual School; providing
19instruction, eligibility, funding, assessment, and
20accountability requirements; amending s. 1002.45, F.S.;
21revising the definition of the term "virtual instruction
22program"; revising school district requirements for
23providing virtual instruction programs; requiring full-
24time and part-time virtual instruction program options;
25authorizing a school district to enter into an agreement
26with a virtual charter school to provide virtual
27instruction to district students; authorizing virtual
28charter school contracts; providing additional provider
29qualifications relating to curriculum, student performance
30accountability, and disclosure; revising student
31eligibility requirements; providing funding and
32accountability requirements; creating s. 1002.455, F.S.;
33establishing student eligibility requirements for K-12
34virtual instruction; amending s. 1003.428, F.S.; requiring
35at least one course required for high school graduation to
36be completed through online learning; creating s.
371003.498, F.S.; authorizing school districts to offer
38virtual courses and blended learning courses; amending s.
391008.22, F.S.; requiring all statewide end-of-course
40assessments to be administrated online beginning with the
412014-2015 school year; amending s. 1011.61, F.S.;
42redefining the term "full-time equivalent student" for
43purposes of virtual instruction; amending s. 1012.57,
44F.S.; authorizing school districts to issue adjunct
45teaching certificates to qualified applicants to provide
46online instruction; revising requirements for adjunct
47teaching certificateholders; providing for annual
48contracts; amending ss. 1000.04, 1002.20, and 1003.03,
49F.S.; conforming provisions to changes made by the act;
50requiring the Department of Education to submit a report
51to the Governor and the Legislature relating to school
52district offering of, and student access to, digital
53learning; providing an effective date.
55Be It Enacted by the Legislature of the State of Florida:
57     Section 1.  Section 1002.321, Florida Statutes, is created
58to read:
59     1002.321  Digital learning.-
60     (1)  DIGITAL LEARNING NOW ACT.-There is created the Digital
61Learning Now Act.
63Legislature finds that each student should have access to a
64high-quality digital learning environment that provides:
65     (a)  Access to digital learning.
66     (b)  Access to high-quality digital content and online
68     (c)  Education that is customized to the needs of the
69student using digital content.
70     (d)  A means for the student to demonstrate competency in
71completed coursework.
72     (e)  High-quality digital content, instructional materials,
73and online and blended learning courses.
74     (f)  High-quality digital instruction and teachers.
75     (g)  Content and instruction that are evaluated on the
76metric of student learning.
77     (h)  The use of funding as an incentive for performance,
78options, and innovation.
79     (i)  Infrastructure that supports digital learning.
80     (j)  Online administration of state assessments.
81     (3)  DIGITAL PREPARATION.-Each student must graduate from
82high school having taken at least one online course, as provided
83in s. 1003.428.
84     (4)  CUSTOMIZED AND ACCELERATED LEARNING.-A school district
85must establish multiple opportunities for student participation
86in part-time and full-time kindergarten through grade 12 virtual
87instruction. Options include, but are not limited to:
88     (a)  School district operated part-time or full-time
89virtual instruction programs under s. 1002.45(1)(b) for
90kindergarten through grade 12 students enrolled in the school
91district. A full-time program shall operate under its own Master
92School Identification Number.
93     (b)  Florida Virtual School instructional services
94authorized under s. 1002.37.
95     (c)  Blended learning instruction provided by charter
96schools authorized under s. 1002.33.
97     (d)  Full-time virtual charter school instruction
98authorized under s. 1002.33.
99     (e)  Courses delivered in the traditional school setting by
100personnel providing direct instruction through a virtual
101environment or though a blended virtual and physical environment
102pursuant to s. 1003.498.
103     (f)  Virtual courses offered in the course code directory
104to students within the school district or to students in other
105school districts throughout the state pursuant to s. 1003.498.
106     Section 2.  Subsection (1), paragraph (a) of subsection
107(6), subsection (7), and paragraph (a) of subsection (20) of
108section 1002.33, Florida Statutes, are amended, and paragraph
109(f) is added to subsection (17) of that section, to read:
110     1002.33  Charter schools.-
111     (1)  AUTHORIZATION.-Charter schools shall be part of the
112state's program of public education. All charter schools in
113Florida are public schools. A charter school may be formed by
114creating a new school or converting an existing public school to
115charter status. A charter school may operate a virtual charter
116school pursuant to s. 1002.45(1)(d) to provide full-time online
117instruction to eligible students, pursuant to s. 1002.455, in
118kindergarten through grade 12. A charter school must amend its
119charter or submit a new application pursuant to subsection (6)
120to become a virtual charter school. A virtual charter school is
121subject to the requirements of this section; however, a virtual
122charter school is exempt from subsections (18) and (19),
123subparagraphs (20)(a)2.-5., paragraph (20)(c), and s. 1003.03. A
124public school may not use the term charter in its name unless it
125has been approved under this section.
126     (6)  APPLICATION PROCESS AND REVIEW.-Charter school
127applications are subject to the following requirements:
128     (a)  A person or entity wishing to open a charter school
129shall prepare and submit an application on a model application
130form prepared by the Department of Education which:
131     1.  Demonstrates how the school will use the guiding
132principles and meet the statutorily defined purpose of a charter
134     2.  Provides a detailed curriculum plan that illustrates
135how students will be provided services to attain the Sunshine
136State Standards.
137     3.  Contains goals and objectives for improving student
138learning and measuring that improvement. These goals and
139objectives must indicate how much academic improvement students
140are expected to show each year, how success will be evaluated,
141and the specific results to be attained through instruction.
142     4.  Describes the reading curriculum and differentiated
143strategies that will be used for students reading at grade level
144or higher and a separate curriculum and strategies for students
145who are reading below grade level. A sponsor shall deny a
146charter if the school does not propose a reading curriculum that
147is consistent with effective teaching strategies that are
148grounded in scientifically based reading research.
149     5.  Contains an annual financial plan for each year
150requested by the charter for operation of the school for up to 5
151years. This plan must contain anticipated fund balances based on
152revenue projections, a spending plan based on projected revenues
153and expenses, and a description of controls that will safeguard
154finances and projected enrollment trends.
155     6.  Documents that the applicant has participated in the
156training required in subparagraph (f)2. A sponsor may require an
157applicant to provide additional information as an addendum to
158the charter school application described in this paragraph.
159     7.  For the establishment of a virtual charter school,
160documents that the applicant has contracted with a provider of
161virtual instruction services pursuant to s. 1002.45(1)(d).
162     (7)  CHARTER.-The major issues involving the operation of a
163charter school shall be considered in advance and written into
164the charter. The charter shall be signed by the governing board
165body of the charter school and the sponsor, following a public
166hearing to ensure community input.
167     (a)  The charter shall address and criteria for approval of
168the charter shall be based on:
169     1.  The school's mission, the students to be served, and
170the ages and grades to be included.
171     2.  The focus of the curriculum, the instructional methods
172to be used, any distinctive instructional techniques to be
173employed, and identification and acquisition of appropriate
174technologies needed to improve educational and administrative
175performance which include a means for promoting safe, ethical,
176and appropriate uses of technology which comply with legal and
177professional standards.
178     a.  The charter shall ensure that reading is a primary
179focus of the curriculum and that resources are provided to
180identify and provide specialized instruction for students who
181are reading below grade level. The curriculum and instructional
182strategies for reading must be consistent with the Sunshine
183State Standards and grounded in scientifically based reading
185     b.  In order to provide students with access to diverse
186instructional delivery models, to facilitate the integration of
187technology within traditional classroom instruction, and to
188provide students with the skills they need to compete in the
18921st century economy, the Legislature encourages instructional
190methods for blended learning courses consisting of both
191traditional classroom and online instructional techniques.
192Charter schools may implement blended learning courses which
193combine traditional classroom instruction and virtual
194instruction. Students in a blended learning course must be full-
195time students of the charter school and receive the online
196instruction in a classroom setting at the charter school.
197Instructional personnel certified pursuant to s. 1012.55 who
198provide virtual instruction for blended learning courses may be
199employees of the charter school or may be under contract to
200provide instructional services to charter school students. At a
201minimum, such instructional personnel must hold an active state
202or school district adjunct certification under s. 1012.57 for
203the subject area of the blended learning course. The funding and
204performance accountability requirements for blended learning
205courses are the same as those for traditional courses.
206     3.  The current incoming baseline standard of student
207academic achievement, the outcomes to be achieved, and the
208method of measurement that will be used. The criteria listed in
209this subparagraph shall include a detailed description of:
210     a.  How the baseline student academic achievement levels
211and prior rates of academic progress will be established.
212     b.  How these baseline rates will be compared to rates of
213academic progress achieved by these same students while
214attending the charter school.
215     c.  To the extent possible, how these rates of progress
216will be evaluated and compared with rates of progress of other
217closely comparable student populations.
219The district school board is required to provide academic
220student performance data to charter schools for each of their
221students coming from the district school system, as well as
222rates of academic progress of comparable student populations in
223the district school system.
224     4.  The methods used to identify the educational strengths
225and needs of students and how well educational goals and
226performance standards are met by students attending the charter
227school. The methods shall provide a means for the charter school
228to ensure accountability to its constituents by analyzing
229student performance data and by evaluating the effectiveness and
230efficiency of its major educational programs. Students in
231charter schools shall, at a minimum, participate in the
232statewide assessment program created under s. 1008.22.
233     5.  In secondary charter schools, a method for determining
234that a student has satisfied the requirements for graduation in
235s. 1003.43.
236     6.  A method for resolving conflicts between the governing
237board body of the charter school and the sponsor.
238     7.  The admissions procedures and dismissal procedures,
239including the school's code of student conduct.
240     8.  The ways by which the school will achieve a
241racial/ethnic balance reflective of the community it serves or
242within the racial/ethnic range of other public schools in the
243same school district.
244     9.  The financial and administrative management of the
245school, including a reasonable demonstration of the professional
246experience or competence of those individuals or organizations
247applying to operate the charter school or those hired or
248retained to perform such professional services and the
249description of clearly delineated responsibilities and the
250policies and practices needed to effectively manage the charter
251school. A description of internal audit procedures and
252establishment of controls to ensure that financial resources are
253properly managed must be included. Both public sector and
254private sector professional experience shall be equally valid in
255such a consideration.
256     10.  The asset and liability projections required in the
257application which are incorporated into the charter and shall be
258compared with information provided in the annual report of the
259charter school.
260     11.  A description of procedures that identify various
261risks and provide for a comprehensive approach to reduce the
262impact of losses; plans to ensure the safety and security of
263students and staff; plans to identify, minimize, and protect
264others from violent or disruptive student behavior; and the
265manner in which the school will be insured, including whether or
266not the school will be required to have liability insurance,
267and, if so, the terms and conditions thereof and the amounts of
269     12.  The term of the charter which shall provide for
270cancellation of the charter if insufficient progress has been
271made in attaining the student achievement objectives of the
272charter and if it is not likely that such objectives can be
273achieved before expiration of the charter. The initial term of a
274charter shall be for 4 or 5 years. In order to facilitate access
275to long-term financial resources for charter school
276construction, charter schools that are operated by a
277municipality or other public entity as provided by law are
278eligible for up to a 15-year charter, subject to approval by the
279district school board. A charter lab school is eligible for a
280charter for a term of up to 15 years. In addition, to facilitate
281access to long-term financial resources for charter school
282construction, charter schools that are operated by a private,
283not-for-profit, s. 501(c)(3) status corporation are eligible for
284up to a 15-year charter, subject to approval by the district
285school board. Such long-term charters remain subject to annual
286review and may be terminated during the term of the charter, but
287only according to the provisions set forth in subsection (8).
288     13.  The facilities to be used and their location.
289     14.  The qualifications to be required of the teachers and
290the potential strategies used to recruit, hire, train, and
291retain qualified staff to achieve best value.
292     15.  The governance structure of the school, including the
293status of the charter school as a public or private employer as
294required in paragraph (12)(i).
295     16.  A timetable for implementing the charter which
296addresses the implementation of each element thereof and the
297date by which the charter shall be awarded in order to meet this
299     17.  In the case of an existing public school that is being
300converted to charter status, alternative arrangements for
301current students who choose not to attend the charter school and
302for current teachers who choose not to teach in the charter
303school after conversion in accordance with the existing
304collective bargaining agreement or district school board rule in
305the absence of a collective bargaining agreement. However,
306alternative arrangements shall not be required for current
307teachers who choose not to teach in a charter lab school, except
308as authorized by the employment policies of the state university
309which grants the charter to the lab school.
310     18.  Full disclosure of the identity of all relatives
311employed by the charter school who are related to the charter
312school owner, president, chairperson of the governing board of
313directors, superintendent, governing board member, principal,
314assistant principal, or any other person employed by the charter
315school who has equivalent decisionmaking authority. For the
316purpose of this subparagraph, the term "relative" means father,
317mother, son, daughter, brother, sister, uncle, aunt, first
318cousin, nephew, niece, husband, wife, father-in-law, mother-in-
319law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
320stepfather, stepmother, stepson, stepdaughter, stepbrother,
321stepsister, half brother, or half sister.
322     (b)1.  A charter may be renewed provided that a program
323review demonstrates that the criteria in paragraph (a) have been
324successfully accomplished and that none of the grounds for
325nonrenewal established by paragraph (8)(a) has been documented.
326In order to facilitate long-term financing for charter school
327construction, charter schools operating for a minimum of 3 years
328and demonstrating exemplary academic programming and fiscal
329management are eligible for a 15-year charter renewal. Such
330long-term charter is subject to annual review and may be
331terminated during the term of the charter.
332     2.  The 15-year charter renewal that may be granted
333pursuant to subparagraph 1. shall be granted to a charter school
334that has received a school grade of "A" or "B" pursuant to s.
3351008.34 in 3 of the past 4 years and is not in a state of
336financial emergency or deficit position as defined by this
337section. Such long-term charter is subject to annual review and
338may be terminated during the term of the charter pursuant to
339subsection (8).
340     (c)  A charter may be modified during its initial term or
341any renewal term upon the recommendation of the sponsor or the
342charter school's school governing board and the approval of both
343parties to the agreement.
344     (d)1.  Each charter school's governing board must appoint a
345representative to facilitate parental involvement, provide
346access to information, assist parents and others with questions
347and concerns, and resolve disputes. The representative must
348reside in the school district in which the charter school is
349located and may be a governing board member, charter school
350employee, or individual contracted to represent the governing
351board. If the governing board oversees multiple charter schools
352in the same school district, a single representative may be
353appointed to serve all such schools. The representative's
354contact information must be provided annually in writing to
355parents and posted prominently on the charter school's website
356if a website is maintained by the school. The sponsor may not
357require that governing board members of the charter school
358reside in the school district in which the charter school is
359located if the charter school complies with this paragraph.
360     2.  Each charter school's governing board must hold at
361least two public meetings per school year in the school
362district. The meetings must be noticed, open, and accessible to
363the public, and attendees must be provided an opportunity to
364receive information and provide input regarding the charter
365school's operations. The appointed representative and charter
366school principal or director, or his or her equivalent, must be
367physically present at each meeting.
368     (17)  FUNDING.-Students enrolled in a charter school,
369regardless of the sponsorship, shall be funded as if they are in
370a basic program or a special program, the same as students
371enrolled in other public schools in the school district. Funding
372for a charter lab school shall be as provided in s. 1002.32.
373     (f)  Funding for a virtual charter school shall be as
374provided in s. 1002.45(7).
375     (20)  SERVICES.-
376     (a)1.  A sponsor shall provide certain administrative and
377educational services to charter schools. These services shall
378include contract management services; full-time equivalent and
379data reporting services; exceptional student education
380administration services; services related to eligibility and
381reporting duties required to ensure that school lunch services
382under the federal lunch program, consistent with the needs of
383the charter school, are provided by the school district at the
384request of the charter school, that any funds due to the charter
385school under the federal lunch program be paid to the charter
386school as soon as the charter school begins serving food under
387the federal lunch program, and that the charter school is paid
388at the same time and in the same manner under the federal lunch
389program as other public schools serviced by the sponsor or the
390school district; test administration services, including payment
391of the costs of state-required or district-required student
392assessments; processing of teacher certificate data services;
393and information services, including equal access to student
394information systems that are used by public schools in the
395district in which the charter school is located. Student
396performance data for each student in a charter school,
397including, but not limited to, FCAT scores, standardized test
398scores, previous public school student report cards, and student
399performance measures, shall be provided by the sponsor to a
400charter school in the same manner provided to other public
401schools in the district.
402     2.  A total administrative fee for the provision of such
403services shall be calculated based upon up to 5 percent of the
404available funds defined in paragraph (17)(b) for all students.
405However, a sponsor may only withhold up to a 5-percent
406administrative fee for enrollment for up to and including 250
407students. For charter schools with a population of 251 or more
408students, the difference between the total administrative fee
409calculation and the amount of the administrative fee withheld
410may only be used for capital outlay purposes specified in s.
412     3.  In addition, a sponsor may withhold only up to a 5-
413percent administrative fee for enrollment for up to and
414including 500 students within a system of charter schools which
415meets all of the following:
416     a.  Includes both conversion charter schools and
417nonconversion charter schools;
418     b.  Has all schools located in the same county;
419     c.  Has a total enrollment exceeding the total enrollment
420of at least one school district in the state;
421     d.  Has the same governing board; and
422     e.  Does not contract with a for-profit service provider
423for management of school operations.
424     4.  The difference between the total administrative fee
425calculation and the amount of the administrative fee withheld
426pursuant to subparagraph 3. may be used for instructional and
427administrative purposes as well as for capital outlay purposes
428specified in s. 1013.62(2).
429     5.  Each charter school shall receive 100 percent of the
430funds awarded to that school pursuant to s. 1012.225. Sponsors
431shall not charge charter schools any additional fees or
432surcharges for administrative and educational services in
433addition to the maximum 5-percent administrative fee withheld
434pursuant to this paragraph.
435     6.  The sponsor of a virtual charter school may withhold a
436fee of up to 5 percent. The funds shall be used to cover the
437cost of services provided under subparagraph 1. and for the
438school district's local instructional improvement system
439pursuant to s. 1006.281 or other technological tools that are
440required to access electronic and digital instructional
442     Section 3.  Paragraph (a) of subsection (3) of section
4431002.37, Florida Statutes, is amended, and subsections (8), (9),
444(10), and (11) are added to that section, to read:
445     1002.37  The Florida Virtual School.-
446     (3)  Funding for the Florida Virtual School shall be
447provided as follows:
448     (a)1.  For a student in grades 9 through 12, a "full-time
449equivalent student" for the Florida Virtual School is one
450student who has successfully completed six full-credit courses
451credits that shall count toward the minimum number of credits
452required for high school graduation. A student who completes
453fewer less than six full-credit courses is credits shall be a
454fraction of a full-time equivalent student. Half-credit course
455completions shall be included in determining a full-time
456equivalent student. Credit completed by a student in excess of
457the minimum required for that student for high school graduation
458is not eligible for funding.
459     2.  For a student in kindergarten through grade 8, a "full-
460time equivalent student" is one student who has successfully
461completed six courses or the prescribed level of content that
462counts toward promotion to the next grade. A student who
463completes fewer than six courses or the prescribed level of
464content shall be a fraction of a full-time equivalent student.
465     3.  Beginning in the 2014-2015 fiscal year, when s.
4661008.22(3)(g) is implemented, the reported full-time equivalent
467students and associated funding of students enrolled in courses
468requiring passage of an end-of-course assessment shall be
469adjusted after the student completes the end-of-course
470assessment. However, no adjustment shall be made for home
471education program students who choose not to take an end-of-
472course assessment.
474For purposes of this paragraph, the calculation of "full-time
475equivalent student" shall be as prescribed in s.
477     (8)(a)  The Florida Virtual School may provide full-time
478instruction for students in kindergarten through grade 12 and
479part-time instruction for students in grades 4 through 12. To
480receive full-time instruction in grades 2 through 5, a student
481must meet at least one of the eligibility criteria in s.
4821002.455(2). Part-time instruction for grades 4 and 5 may be
483provided only to public school students taking grade 6 through
484grade 8 courses.
485     (b)  For students receiving part-time instruction in grades
4864 and 5 and students receiving full-time instruction in
487kindergarten through grade 12 from the Florida Virtual School,
488the combined total of all FTE reported by both the school
489district and the Florida Virtual School may not exceed 1.0 FTE.
490     (9)  Each elementary school principal must notify the
491parent of each student who scores at Level 4 or Level 5 on FCAT
492Reading or FCAT Mathematics of the option for the student to
493take accelerated courses through the Florida Virtual School.
494     (10)(a)  Public school students receiving full-time
495instruction in kindergarten through grade 12 by the Florida
496Virtual School must take all statewide assessments required
497pursuant to s. 1008.22.
498     (b)  Public school students receiving part-time instruction
499by the Florida Virtual School in courses requiring statewide
500end-of-course assessments must take all statewide end-of-course
501assessments required pursuant to s. 1008.22(3)(c)2.
502     (c)  All statewide assessments must be taken within the
503school district in which the student resides. A school district
504must provide the student with access to the district's testing
506     (11)  The Florida Virtual School shall receive a school
507grade pursuant to s. 1008.34 for students receiving full-time
509     Section 4.  Section 1002.45, Florida Statutes, is amended
510to read:
511     1002.45  School district Virtual instruction programs.-
512     (1)  PROGRAM.-
513     (a)  For purposes of this section, the term:
514     1.  "Approved provider" means a provider that is approved
515by the Department of Education under subsection (2), the Florida
516Virtual School, a franchise of the Florida Virtual School, or a
517community college.
518     2.  "Virtual instruction program" means a program of
519instruction provided in an interactive learning environment
520created through technology in which students are separated from
521their teachers by time or space, or both, and in which a
522Florida-certified teacher under chapter 1012 is responsible for
523at least:
524     a.  Fifty percent of the direct instruction to students in
525kindergarten through grade 5; or
526     b.  Eighty percent of the direct instruction to students in
527grades 6 through 12.
528     (b)  Beginning with the 2009-2010 school year, Each school
529district that is eligible for the sparsity supplement pursuant
530to s. 1011.62(7) shall provide all enrolled public school
531eligible students within its boundaries the option of
532participating in part-time and full-time a virtual instruction
533programs. Each school district that is not eligible for the
534sparsity supplement shall provide at least three options for
535part-time and full-time virtual instruction. All school
536districts must provide parents with timely written notification
537of an open enrollment period for full-time students of at least
53890 days that ends no later than 30 days prior to the first day
539of the school year program. The purpose of the program is to
540make quality virtual instruction available to students using
541online and distance learning technology in the nontraditional
542classroom. A school district virtual instruction The program
543shall provide the following be:
544     1.  Full-time virtual instruction for students enrolled in
545kindergarten through grade 12.
546     2.  Full-time or Part-time virtual instruction for students
547enrolled in grades 9 through 12 courses that are measured
548pursuant to subparagraph (8)(a)2.
549     3.  Full-time or part-time virtual instruction for students
550who are enrolled in dropout prevention and academic intervention
551programs under s. 1003.53, Department of Juvenile Justice
552education programs under s. 1003.52, core-curricula courses to
553meet class size requirements under s. 1003.03, or community
554colleges under this section.
555     (c)  To provide students with the option of participating
556in virtual instruction programs as required by paragraph (b), a
557school district may:
558     1.  Contract with the Florida Virtual School or establish a
559franchise of the Florida Virtual School for the provision of a
560program under paragraph (b). Using this option is subject to the
561requirements of this section and s. 1011.61(1)(c)1.b.(III) and
563     2.  Contract with an approved provider under subsection (2)
564for the provision of a full-time program under subparagraph
565(b)1. or subparagraph (b)3. or a full-time or part-time program
566under subparagraph (b)2. or subparagraph (b)3.
567     3.  Enter into an agreement with other another school
568districts district to allow the participation of its students in
569an approved virtual instruction program provided by the other
570school district. The agreement must indicate a process for the
571transfer of funds required by paragraph (7)(f)(b).
572     4.  Establish school district operated part-time or full-
573time kindergarten through grade 12 virtual instruction programs
574under paragraph (b) for students enrolled in the school
575district. A full-time program shall operate under its own Master
576School Identification Number.
577     5.  Enter into an agreement with a virtual charter school
578authorized by the school district under s. 1002.33.
580Contracts under subparagraph 1. or subparagraph 2. may include
581multidistrict contractual arrangements that may be executed by a
582regional consortium for its member districts. A multidistrict
583contractual arrangement or an agreement under subparagraph 3. is
584not subject to s. 1001.42(4)(d) and does not require the
585participating school districts to be contiguous. These
586arrangements may be used to fulfill the requirements of
587paragraph (b).
588     (d)  A virtual charter school may provide full-time virtual
589instruction for students in kindergarten through grade 12 if the
590virtual charter school has a charter approved pursuant to s.
5911002.33 authorizing full-time virtual instruction. A virtual
592charter school may:
593     1.  Contract with the Florida Virtual School.
594     2.  Contract with an approved provider under subsection
596     3.  Enter into an a joint agreement with a the school
597district to allow the participation of in which it is located
598for the virtual charter school's students to participate in the
599school district's virtual instruction program. The agreement
600must indicate a process for reporting of student enrollment and
601the transfer of funds required by paragraph (7)(f).
602     (e)  Each school district shall:
603     1.  Provide to the department by October 1, 2011, and by
604each October 1 thereafter, a copy of each contract and the
605amounts paid per unweighted full-time equivalent student for
606services procured pursuant to subparagraphs (c)1. and 2.
607     2.  Expend the difference in funds provided for a student
608participating in the school district virtual instruction program
609pursuant to subsection (7) and the price paid for contracted
610services procured pursuant to subparagraphs (c)1. and 2. for the
611district's local instructional improvement system pursuant to s.
6121006.281 or other technological tools that are required to
613access electronic and digital instructional materials.
614     3.  At the end of each fiscal year, but no later than
615September 1, report to the department an itemized list of the
616technological tools purchased with these funds.
618     (a)  The department shall annually publish online provide
619school districts with a list of providers approved to offer
620virtual instruction programs. To be approved by the department,
621a provider must document that it:
622     1.  Is nonsectarian in its programs, admission policies,
623employment practices, and operations;
624     2.  Complies with the antidiscrimination provisions of s.
626     3.  Locates an administrative office or offices in this
627state, requires its administrative staff to be state residents,
628requires all instructional staff to be Florida-certified
629teachers under chapter 1012, and conducts background screenings
630for all employees or contracted personnel, as required by s.
6311012.32, using state and national criminal history records;
632     4.  Possesses prior, successful experience offering online
633courses to elementary, middle, or high school students as
634demonstrated by quantified student learning gains in each
635subject area and grade level provided for consideration as an
636instructional program option;
637     5.  Is accredited by a regional accrediting association as
638defined by State Board of Education rule; the Southern
639Association of Colleges and Schools Council on Accreditation and
640School Improvement, the North Central Association Commission on
641Accreditation and School Improvement, the Middle States
642Association of Colleges and Schools Commission on Elementary
643Schools and Commission on Secondary Schools, the New England
644Association of Schools and Colleges, the Northwest Association
645of Accredited Schools, the Western Association of Schools and
646Colleges, or the Commission on International and Trans-Regional
647Accreditation; and
648     6.  Ensures instructional and curricular quality through a
649detailed curriculum and student performance accountability plan
650that addresses every subject and grade level it intends to
651provide through contract with the school district, including:
652     a.  Courses and programs that meet the standards of the
653International Association for K-12 Online Learning and the
654Southern Regional Education Board.
655     b.  Instructional content and services that align with, and
656measure student attainment of, student proficiency in the Next
657Generation Sunshine State Standards.
658     c.  Mechanisms that determine and ensure that a student has
659satisfied requirements for grade level promotion and high school
660graduation with a standard diploma, as appropriate;
661     7.  Publishes for the general public, in accordance with
662disclosure requirements adopted in rule by the State Board of
663Education, as part of its application as a provider and in all
664contracts negotiated pursuant to this section:
665     a.  Information and data about the curriculum of each full-
666time and part-time program.
667     b.  School policies and procedures.
668     c.  Certification status and physical location of all
669administrative and instructional personnel.
670     d.  Hours and times of availability of instructional
672     e.  Student-teacher ratios.
673     f.  Student completion and promotion rates.
674     g.  Student, educator, and school performance
675accountability outcomes; and
676     8.6.  If the provider is a community college, employs
677instructors who meet the certification requirements for
678instructional staff under chapter 1012.
679     (b)  An approved provider shall retain its approved status
680during the for a period of 3 school years after the date of the
681department's approval under paragraph (a) as long as the
682provider continues to comply with all requirements of this
683section. However, each provider approved by the department for
684the 2011-2012 school year must reapply for approval to provide a
685part-time program for students in grades 9 through 12.
687REQUIREMENTS.-Each school district virtual instruction program
688under this section must:
689     (a)  Align virtual course curriculum and course content to
690the Sunshine State Standards under s. 1003.41.
691     (b)  Offer instruction that is designed to enable a student
692to gain proficiency in each virtually delivered course of study.
693     (c)  Provide each student enrolled in the program with all
694the necessary instructional materials.
695     (d)  Provide, when appropriate, each full-time student
696enrolled in the program who qualifies for free or reduced-price
697school lunches under the National School Lunch Act, or who is on
698the direct certification list, and who does not have a computer
699or Internet access in his or her home with:
700     1.  All equipment necessary for participants in the school
701district virtual instruction program, including, but not limited
702to, a computer, computer monitor, and printer, if a printer is
703necessary to participate in the program; and
704     2.  Access to or reimbursement for all Internet services
705necessary for online delivery of instruction.
706     (e)  Not require tuition or student registration fees.
707     (4)  CONTRACT REQUIREMENTS.-Each contract with an approved
708provider must at minimum:
709     (a)  Set forth a detailed curriculum plan that illustrates
710how students will be provided services and be measured for
711attainment of to attain proficiency in the Next Generation
712Sunshine State Standards for each grade level and subject.
713     (b)  Provide a method for determining that a student has
714satisfied the requirements for graduation in s. 1003.428, s.
7151003.429, or s. 1003.43 if the contract is for the provision of
716a full-time virtual instruction program to students in grades 9
717through 12.
718     (c)  Specify a method for resolving conflicts among the
720     (d)  Specify authorized reasons for termination of the
722     (e)  Require the approved provider to be responsible for
723all debts of the school district virtual instruction program if
724the contract is not renewed or is terminated.
725     (f)  Require the approved provider to comply with all
726requirements of this section.
727     (5)  STUDENT ELIGIBILITY.-A student may enroll in a virtual
728instruction program provided by the school district or by a
729virtual charter school operated in the district in which he or
730she resides if the student meets eligibility requirements for
731virtual instruction pursuant to s. 1002.455. at least one of the
732following conditions:
733     (a)  The student has spent the prior school year in
734attendance at a public school in this state and was enrolled and
735reported by a public school district for funding during the
736preceding October and February for purposes of the Florida
737Education Finance Program surveys.
738     (b)  The student is a dependent child of a member of the
739United States Armed Forces who was transferred within the last
74012 months to this state from another state or from a foreign
741country pursuant to the parent's permanent change of station
743     (c)  The student was enrolled during the prior school year
744in a school district virtual instruction program under this
745section or a K-8 Virtual School Program under s. 1002.415.
746     (d)  The student has a sibling who is currently enrolled in
747a school district virtual instruction program and that sibling
748was enrolled in such program at the end of the prior school
751enrolled in a school district virtual instruction program or
752virtual charter school must:
753     (a)  Comply with the compulsory attendance requirements of
754s. 1003.21. Student attendance must be verified by the school
756     (b)  Take state assessment tests within the school district
757in which such student resides, which must provide the student
758with access to the district's testing facilities.
761     (a)  Students enrolled in a virtual instruction program or
762a virtual charter school shall be funded through the Florida
763Education Finance Program as provided in the General
764Appropriations Act. However, such funds may not be provided for
765the purpose of fulfilling the class size requirements in ss.
7661003.03 and 1011.685.
767     (b)  For purposes of a school district virtual instruction
768program or a virtual charter school, "full-time equivalent
769student" has the same meaning as provided in s.
7701011.61(1)(c)1.b.(III) or (IV).
771     (c)  For a student enrolled part-time in a grades 6 through
77212 program, a "full-time equivalent student" has the same
773meaning as provided in s. 1011.61(1)(c)1.b.(IV).
774     (d)  A student may not be reported as more than 1.0 full-
775time equivalent student in any given school year.
776     (e)  Beginning in the 2014-2015 fiscal year, when s.
7771008.22(3)(g) is implemented, the reported full-time equivalent
778students and associated funding of students enrolled in courses
779requiring passage of an end-of-course assessment shall be
780adjusted after the student completes the end-of-course
782     (f)(b)  The school district in which the student resides
783shall report full-time equivalent students for a the school
784district virtual instruction program or a virtual charter school
785to the department in a manner prescribed by the department, and
786funding shall be provided through the Florida Education Finance
787Program. Funds received by the school district of residence for
788a student in a virtual instruction program provided by another
789school district under this section shall be transferred to the
790school district providing the virtual instruction program.
791     (g)(c)  A community college provider may not report
792students who are served in a school district virtual instruction
793program for funding under the Community College Program Fund.
795     (a)  Each approved provider contracted under this section
797     1.  Participate in the statewide assessment program under
798s. 1008.22 and in the state's education performance
799accountability system under s. 1008.31.
800     2.  Receive a school grade under s. 1008.34 or a school
801improvement rating under s. 1008.341, as applicable. The school
802grade or school improvement rating received by each approved
803provider shall be based upon the aggregated assessment scores of
804all students served by the provider statewide. The department
805shall publish the school grade or school improvement rating
806received by each approved provider on its Internet website. The
807department shall develop an evaluation method for providers of
808part-time programs which includes the percentage of students
809making learning gains, the percentage of students successfully
810passing any required end-of-course assessment, the percentage of
811students taking Advanced Placement examinations, and the
812percentage of students scoring 3 or higher on an Advanced
813Placement examination.
814     (b)  The performance of part-time students in grades 9
815through 12 shall not be included for purposes of school grades
816or school improvement ratings under subparagraph (a)2.; however,
817their performance shall be included for school grading or school
818improvement rating purposes by the nonvirtual school providing
819the student's primary instruction.
820     (c)  An approved provider that receives a school grade of
821"D" or "F" under s. 1008.34 or a school improvement rating of
822"Declining" under s. 1008.341 must file a school improvement
823plan with the department for consultation to determine the
824causes for low performance and to develop a plan for correction
825and improvement.
826     (d)  An approved provider's contract must be terminated if
827the provider receives a school grade of "D" or "F" under s.
8281008.34 or a school improvement rating of "Declining" under s.
8291008.341 for 2 years during any consecutive 4-year period or has
830violated any qualification requirement pursuant to subsection
831(2). A provider that has a contract terminated under this
832paragraph may not be an approved provider for a period of at
833least 1 year after the date upon which the contract was
834terminated and until the department determines that the provider
835is in compliance with subsection (2) and has corrected each
836cause of the provider's low performance.
837     (9)  EXCEPTIONS.-A provider of digital or online content or
838curriculum that is used to supplement the instruction of
839students who are not enrolled in a school district virtual
840instruction program under this section is not required to meet
841the requirements of this section.
842     (10)  MARKETING.-Each school district shall provide
843information to parents and students about the parent's and
844student's right to participate in a school district virtual
845instruction program under this section and in courses offered by
846the Florida Virtual School under s. 1002.37.
847     (11)  RULES.-The State Board of Education shall adopt rules
848necessary to administer this section, including rules that
849prescribe disclosure requirements under subsection (2) and
850school district reporting requirements under subsection (7).
851     Section 5.  Section 1002.455, Florida Statutes, is created
852to read:
853     1002.455  Student eligibility for K-12 virtual
855     (1)  A student may participate in virtual instruction in
856the school district in which he or she resides if the student
857meets the eligibility criteria in subsection (2).
858     (2)  A student is eligible to participate in virtual
859instruction if:
860     (a)  The student spent the prior school year in attendance
861at a public school in the state and was enrolled and reported by
862the school district for funding during October and February for
863purposes of the Florida Education Finance Program surveys;
864     (b)  The student is a dependent child of a member of the
865United States Armed Forces who was transferred within the last
86612 months to this state from another state or from a foreign
867country pursuant to a permanent change of station order;
868     (c)  The student was enrolled during the prior school year
869in a virtual instruction program under s. 1002.45, the K-8
870Virtual School Program under s. 1002.415, or a full-time Florida
871Virtual School program under s. 1002.37(8)(a);
872     (d)  The student has a sibling who is currently enrolled in
873a virtual instruction program and the sibling was enrolled in
874that program at the end of the prior school year; or
875     (e)  The student is eligible to enter kindergarten or first
877     (3)  The virtual instruction options for which this
878eligibility section applies include:
879     (a)  School district operated part-time or full-time
880kindergarten through grade 12 virtual instruction programs under
881s. 1002.45(1)(b) for students enrolled in the school district.
882     (b)  Full-time virtual charter school instruction
883authorized under s. 1002.33.
884     (c)  Courses delivered in the traditional school setting by
885personnel providing direct instruction through a virtual
886environment or though a blended virtual and physical environment
887pursuant to s. 1003.498 and as authorized pursuant to s.
889     (d)  Virtual courses offered in the course code directory
890to students within the school district or to students in other
891school districts throughout the state pursuant to s. 1003.498.
892     Section 6.  Paragraph (c) is added to subsection (2) of
893section 1003.428, Florida Statutes, to read:
894     1003.428  General requirements for high school graduation;
896     (2)  The 24 credits may be earned through applied,
897integrated, and combined courses approved by the Department of
898Education. The 24 credits shall be distributed as follows:
899     (c)  Beginning with students entering grade 9 in the 2011-
9002012 school year, at least one course within the 24 credits
901required in this subsection must be completed through online
902learning. However, an online course taken during grades 6
903through 8 fulfills this requirement. This requirement shall be
904met through an online course offered by the Florida Virtual
905School, an online course offered by the high school, or an
906online dual enrollment course offered pursuant to a district
907interinstitutional articulation agreement pursuant to s.
9081007.235. A student who is enrolled in a full-time or part-time
909virtual instruction program under s. 1002.45 meets this
911     Section 7.  Section 1003.498, Florida Statutes, is created
912to read:
913     1003.498  School district virtual course offerings.-
914     (1)  School districts may deliver courses in the
915traditional school setting by personnel certified pursuant to s.
9161012.55 who provide direct instruction through a virtual
917environment or though a blended virtual and physical
919     (2)  School districts may offer virtual courses for
920students enrolled in the school district. These courses must be
921identified in the course code directory. Students who meet the
922eligibility requirements of s. 1002.455 may participate in these
923virtual course offerings.
924     (a)  Any eligible student who is enrolled in a school
925district may register and enroll in an online course offered by
926his or her school district.
927     (b)  Any eligible student who is enrolled in a school
928district may register and enroll in an online course offered by
929any other school district in the state, except as limited by the
931     1.  A student may not enroll in a course offered through a
932virtual instruction program provided pursuant to s. 1002.45.
933     2.  A student may not enroll in a virtual course offered by
934another school district if:
935     a.  The course is offered online by the school district in
936which the student resides; or
937     b.  The course is offered in the school in which the
938student is enrolled. However, a student may enroll in an online
939course offered by another school district if the school in which
940the student is enrolled offers the course but the student is
941unable to schedule the course in his or her school.
942     3.  The school district in which the student completes the
943course shall report the student's completion of that course for
944funding pursuant to s. 1011.61(1)(c)b.(VI) and the home school
945district shall not report the student for funding for that
948For purposes of this paragraph, the combined total of all school
949district reported FTE may not be reported as more than 1.0 full-
950time equivalent student in any given school year. The Department
951of Education shall establish procedures to enable interdistrict
952coordination for the delivery and funding of this online option.
953     Section 8.  Paragraph (g) of subsection (3) of section
9541008.22, Florida Statutes, is amended to read:
955     1008.22  Student assessment program for public schools.-
956     (3)  STATEWIDE ASSESSMENT PROGRAM.-The commissioner shall
957design and implement a statewide program of educational
958assessment that provides information for the improvement of the
959operation and management of the public schools, including
960schools operating for the purpose of providing educational
961services to youth in Department of Juvenile Justice programs.
962The commissioner may enter into contracts for the continued
963administration of the assessment, testing, and evaluation
964programs authorized and funded by the Legislature. Contracts may
965be initiated in 1 fiscal year and continue into the next and may
966be paid from the appropriations of either or both fiscal years.
967The commissioner is authorized to negotiate for the sale or
968lease of tests, scoring protocols, test scoring services, and
969related materials developed pursuant to law. Pursuant to the
970statewide assessment program, the commissioner shall:
971     (g)  Beginning with the 2014-2015 school year, all
972statewide end-of-course assessments shall be administered
973online. Study the cost and student achievement impact of
974secondary end-of-course assessments, including web-based and
975performance formats, and report to the Legislature prior to
977     Section 9.  Paragraph (c) of subsection (1) of section
9781011.61, Florida Statutes, is amended to read:
979     1011.61  Definitions.-Notwithstanding the provisions of s.
9801000.21, the following terms are defined as follows for the
981purposes of the Florida Education Finance Program:
982     (1)  A "full-time equivalent student" in each program of
983the district is defined in terms of full-time students and part-
984time students as follows:
985     (c)1.  A "full-time equivalent student" is:
986     a.  A full-time student in any one of the programs listed
987in s. 1011.62(1)(c); or
988     b.  A combination of full-time or part-time students in any
989one of the programs listed in s. 1011.62(1)(c) which is the
990equivalent of one full-time student based on the following
992     (I)  A full-time student, except a postsecondary or adult
993student or a senior high school student enrolled in adult
994education when such courses are required for high school
995graduation, in a combination of programs listed in s.
9961011.62(1)(c) shall be a fraction of a full-time equivalent
997membership in each special program equal to the number of net
998hours per school year for which he or she is a member, divided
999by the appropriate number of hours set forth in subparagraph
1000(a)1. or subparagraph (a)2. The difference between that fraction
1001or sum of fractions and the maximum value as set forth in
1002subsection (4) for each full-time student is presumed to be the
1003balance of the student's time not spent in such special
1004education programs and shall be recorded as time in the
1005appropriate basic program.
1006     (II)  A prekindergarten handicapped student shall meet the
1007requirements specified for kindergarten students.
1008     (III)  A full-time equivalent student for students in
1009kindergarten through grade 5 in a school district virtual
1010instruction program under s. 1002.45 or a virtual charter school
1011under s. 1002.33 shall consist of a student who has successfully
1012completed a basic program listed in s. 1011.62(1)(c)1.a. or b.,
1013and who is promoted to a higher grade level.
1014     (IV)  A full-time equivalent student for students in grades
10156 through 12 in a school district virtual instruction program
1016under s. 1002.45(1)(b)1., and 2., or 3. or a virtual charter
1017school under s. 1002.33 shall consist of six full credit
1018completions in programs listed in s. 1011.62(1)(c)1.b. or c. and
10193. Credit completions may can be a combination of full-credit
1020courses or half-credit courses either full credits or half
1021credits. Beginning in the 2014-2015 fiscal year, when s.
10221008.22(3)(g) is implemented, the reported full-time equivalent
1023students and associated funding of students enrolled in courses
1024requiring passage of an end-of-course assessment shall be
1025adjusted after the student completes the end-of-course
1027     (V)  A Florida Virtual School full-time equivalent student
1028shall consist of six full credit completions or the prescribed
1029level of content that counts toward promotion to the next grade
1030in the programs listed in s. 1011.62(1)(c)1.a. and b. for
1031kindergarten grades 6 through grade 8 and the programs listed in
1032s. 1011.62(1)(c)1.c. for grades 9 through 12. Credit completions
1033may can be a combination of full-credit courses or half-credit
1034courses either full credits or half credits. Beginning in the
10352014-2015 fiscal year, when s. 1008.22(3)(g) is implemented, the
1036reported full-time equivalent students and associated funding of
1037students enrolled in courses requiring passage of an end-of-
1038course assessment shall be adjusted after the student completes
1039the end-of-course assessment.
1040     (VI)  Each successfully completed full-credit course earned
1041through an online course delivered by a district other than the
1042one in which the student resides shall be calculated as 1/6 FTE.
1043     (VII)(VI)  Each successfully completed credit earned under
1044the alternative high school course credit requirements
1045authorized in s. 1002.375, which is not reported as a portion of
1046the 900 net hours of instruction pursuant to subparagraph
1047(1)(a)1., shall be calculated as 1/6 FTE.
1048     2.  A student in membership in a program scheduled for more
1049or less than 180 school days or the equivalent on an hourly
1050basis as specified by rules of the State Board of Education is a
1051fraction of a full-time equivalent membership equal to the
1052number of instructional hours in membership divided by the
1053appropriate number of hours set forth in subparagraph (a)1.;
1054however, for the purposes of this subparagraph, membership in
1055programs scheduled for more than 180 days is limited to students
1056enrolled in juvenile justice education programs and the Florida
1057Virtual School.
1059The department shall determine and implement an equitable method
1060of equivalent funding for experimental schools and for schools
1061operating under emergency conditions, which schools have been
1062approved by the department to operate for less than the minimum
1063school day.
1064     Section 10.  Section 1012.57, Florida Statutes, is amended
1065to read:
1066     1012.57  Certification of adjunct educators.-
1067     (1)  Notwithstanding the provisions of ss. 1012.32,
10681012.55, and 1012.56, or any other provision of law or rule to
1069the contrary, district school boards shall adopt rules to allow
1070for the issuance of an adjunct teaching certificate to any
1071applicant who fulfills the requirements of s. 1012.56(2)(a)-(f)
1072and (10) and who has expertise in the subject area to be taught.
1073An applicant shall be considered to have expertise in the
1074subject area to be taught if the applicant demonstrates
1075sufficient subject area mastery through passage of a subject
1076area test. The adjunct teaching certificate shall be used for
1077part-time teaching positions.
1078     (2)  The Legislature intends that this section intent of
1079this provision is to allow school districts to tap the wealth of
1080talent and expertise represented in Florida's citizens who may
1081wish to teach part-time in a Florida public school by permitting
1082school districts to issue adjunct certificates to qualified
1084     (3)  Adjunct certificateholders should be used as a
1085strategy to enhance the diversity of course offerings offered to
1086all students. School districts may use the expertise of
1087individuals in the state who wish to provide online instruction
1088to students by issuing adjunct certificates to qualified
1089applicants reduce the teacher shortage; thus, adjunct
1090certificateholders should supplement a school's instructional
1091staff, not supplant it. Each school principal shall assign an
1092experienced peer mentor to assist the adjunct teaching
1093certificateholder during the certificateholder's first year of
1094teaching, and an adjunct certificateholder may participate in a
1095district's new teacher training program. District school boards
1096shall provide the adjunct teaching certificateholder an
1097orientation in classroom management prior to assigning the
1098certificateholder to a school.
1099     (4)  Each adjunct teaching certificate is valid through the
1100term of the annual contract between the educator and the school
1101district. An additional annual certification and an additional
1102annual contract may be awarded by the district at the district's
1103discretion but only for 5 school years and is renewable if the
1104applicant is rated effective or highly effective under s.
11051012.34 has received satisfactory performance evaluations during
1106each year of teaching under adjunct teaching certification.
1107     (5)(2)  Individuals who are certified and employed under
1108this section shall have the same rights and protection of laws
1109as teachers certified under s. 1012.56.
1110     Section 11.  Subsection (1) of section 1000.04, Florida
1111Statutes, is amended to read:
1112     1000.04  Components for the delivery of public education
1113within the Florida K-20 education system.-Florida's K-20
1114education system provides for the delivery of public education
1115through publicly supported and controlled K-12 schools,
1116community colleges, state universities and other postsecondary
1117educational institutions, other educational institutions, and
1118other educational services as provided or authorized by the
1119Constitution and laws of the state.
1120     (1)  PUBLIC K-12 SCHOOLS.-The public K-12 schools include
1121charter schools and consist of kindergarten classes; elementary,
1122middle, and high school grades and special classes; school
1123district virtual instruction programs; workforce education;
1124career centers; adult, part-time, and evening schools, courses,
1125or classes, as authorized by law to be operated under the
1126control of district school boards; and lab schools operated
1127under the control of state universities.
1128     Section 12.  Paragraph (a) of subsection (6) of section
11291002.20, Florida Statutes, is amended to read:
1130     1002.20  K-12 student and parent rights.-Parents of public
1131school students must receive accurate and timely information
1132regarding their child's academic progress and must be informed
1133of ways they can help their child to succeed in school. K-12
1134students and their parents are afforded numerous statutory
1135rights including, but not limited to, the following:
1136     (6)  EDUCATIONAL CHOICE.-
1137     (a)  Public school choices.-Parents of public school
1138students may seek whatever public school choice options that are
1139applicable to their students and are available to students in
1140their school districts. These options may include controlled
1141open enrollment, single-gender programs, lab schools, school
1142district virtual instruction programs, charter schools, charter
1143technical career centers, magnet schools, alternative schools,
1144special programs, advanced placement, dual enrollment,
1145International Baccalaureate, International General Certificate
1146of Secondary Education (pre-AICE), Advanced International
1147Certificate of Education, early admissions, credit by
1148examination or demonstration of competency, the New World School
1149of the Arts, the Florida School for the Deaf and the Blind, and
1150the Florida Virtual School. These options may also include the
1151public school choice options of the Opportunity Scholarship
1152Program and the McKay Scholarships for Students with
1153Disabilities Program.
1154     Section 13.  Paragraph (b) of subsection (3) of section
11551003.03, Florida Statutes, is amended to read:
1156     1003.03  Maximum class size.-
1157     (3)  IMPLEMENTATION OPTIONS.-District school boards must
1158consider, but are not limited to, implementing the following
1159items in order to meet the constitutional class size maximums
1160described in subsection (1):
1161     (b)  Adopt policies to encourage students to take courses
1162from the Florida Virtual School and other school district
1163virtual instruction options under s. 1002.45 programs.
1164     Section 14.  By December 1, 2011, the Department of
1165Education shall submit a report to the Governor, the President
1166of the Senate, and the Speaker of the House of Representatives
1167which identifies and explains the best methods and strategies by
1168which the department can assist district school boards in
1169acquiring digital learning at the most reasonable prices
1170possible and provides a plan under which district school boards
1171may voluntarily pool their bids for such purchases. The report
1172shall identify criteria that will enable district school boards
1173to differentiate between the level of service and pricing based
1174upon factors such as the level of student support, the frequency
1175of teacher-student communications, instructional accountability
1176standards, and academic integrity. The report shall also include
1177ways to increase student access to digital learning, including
1178identification and analysis of the best methods and strategies
1179for implementing part-time virtual education in kindergarten
1180through grade 5.
1181     Section 15.  This act shall take effect July 1, 2011.

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