CS/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; requiring each charter
12	school governing board to appoint a representative and
13	specifying duties; requiring each governing board to hold
14	two public meetings per school year; providing funding for
15	a virtual charter school; establishing administrative fees
16	for a virtual charter school; amending s. 1002.37, F.S.;
17	redefining the term "full-time equivalent student" as it
18	applies to the Florida Virtual School; providing
19	instruction, eligibility, funding, assessment, and
20	accountability requirements; amending s. 1002.45, F.S.;
21	revising the definition of the term "virtual instruction
22	program"; revising school district requirements for
23	providing virtual instruction programs; requiring full-
24	time and part-time virtual instruction program options;
25	authorizing a school district to enter into an agreement
26	with a virtual charter school to provide virtual
27	instruction to district students; authorizing virtual
28	charter school contracts; providing additional provider
29	qualifications relating to curriculum, student performance
30	accountability, and disclosure; revising student
31	eligibility requirements; providing funding and
32	accountability requirements; creating s. 1002.455, F.S.;
33	establishing student eligibility requirements for K-12
34	virtual instruction; amending s. 1003.428, F.S.; requiring
35	at least one course required for high school graduation to
36	be completed through online learning; creating s.
37	1003.498, F.S.; authorizing school districts to offer
38	virtual courses and blended learning courses; amending s.
39	1008.22, F.S.; requiring all statewide end-of-course
40	assessments to be administrated online beginning with the
41	2014-2015 school year; amending s. 1011.61, F.S.;
42	redefining the term "full-time equivalent student" for
43	purposes of virtual instruction; amending s. 1012.57,
44	F.S.; authorizing school districts to issue adjunct
45	teaching certificates to qualified applicants to provide
46	online instruction; revising requirements for adjunct
47	teaching certificateholders; providing for annual
48	contracts; amending ss. 1000.04, 1002.20, and 1003.03,
49	F.S.; conforming provisions to changes made by the act;
50	requiring the Department of Education to submit a report
51	to the Governor and the Legislature relating to school
52	district offering of, and student access to, digital
53	learning; providing an effective date.
54
55	Be It Enacted by the Legislature of the State of Florida:
56
57	Section 1.  Section 1002.321, Florida Statutes, is created
58	to read:
59	1002.321  Digital learning.-
60	(1)  DIGITAL LEARNING NOW ACT.-There is created the Digital
61	Learning Now Act.
62	(2)  ELEMENTS OF HIGH-QUALITY DIGITAL LEARNING.-The
63	Legislature finds that each student should have access to a
64	high-quality digital learning environment that provides:
65	(a)  Access to digital learning.
66	(b)  Access to high-quality digital content and online
67	courses.
68	(c)  Education that is customized to the needs of the
69	student using digital content.
70	(d)  A means for the student to demonstrate competency in
71	completed coursework.
72	(e)  High-quality digital content, instructional materials,
73	and online and blended learning courses.
74	(f)  High-quality digital instruction and teachers.
75	(g)  Content and instruction that are evaluated on the
76	metric of student learning.
77	(h)  The use of funding as an incentive for performance,
78	options, 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
82	high school having taken at least one online course, as provided
83	in s. 1003.428.
84	(4)  CUSTOMIZED AND ACCELERATED LEARNING.-A school district
85	must establish multiple opportunities for student participation
86	in part-time and full-time kindergarten through grade 12 virtual
87	instruction. Options include, but are not limited to:
88	(a)  School district operated part-time or full-time
89	virtual instruction programs under s. 1002.45(1)(b) for
90	kindergarten through grade 12 students enrolled in the school
91	district. A full-time program shall operate under its own Master
92	School Identification Number.
93	(b)  Florida Virtual School instructional services
94	authorized under s. 1002.37.
95	(c)  Blended learning instruction provided by charter
96	schools authorized under s. 1002.33.
97	(d)  Full-time virtual charter school instruction
98	authorized under s. 1002.33.
99	(e)  Courses delivered in the traditional school setting by
100	personnel providing direct instruction through a virtual
101	environment or though a blended virtual and physical environment
102	pursuant to s. 1003.498.
103	(f)  Virtual courses offered in the course code directory
104	to students within the school district or to students in other
105	school 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
108	section 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
112	state's program of public education. All charter schools in
113	Florida are public schools. A charter school may be formed by
114	creating a new school or converting an existing public school to
115	charter status. A charter school may operate a virtual charter
116	school pursuant to s. 1002.45(1)(d) to provide full-time online
117	instruction to eligible students, pursuant to s. 1002.455, in
118	kindergarten through grade 12. A charter school must amend its
119	charter or submit a new application pursuant to subsection (6)
120	to become a virtual charter school. A virtual charter school is
121	subject to the requirements of this section; however, a virtual
122	charter school is exempt from subsections (18) and (19),
123	subparagraphs (20)(a)2.-5., paragraph (20)(c), and s. 1003.03. A
124	public school may not use the term charter in its name unless it
125	has been approved under this section.
126	(6)  APPLICATION PROCESS AND REVIEW.-Charter school
127	applications are subject to the following requirements:
128	(a)  A person or entity wishing to open a charter school
129	shall prepare and submit an application on a model application
130	form prepared by the Department of Education which:
131	1.  Demonstrates how the school will use the guiding
132	principles and meet the statutorily defined purpose of a charter
133	school.
134	2.  Provides a detailed curriculum plan that illustrates
135	how students will be provided services to attain the Sunshine
136	State Standards.
137	3.  Contains goals and objectives for improving student
138	learning and measuring that improvement. These goals and
139	objectives must indicate how much academic improvement students
140	are expected to show each year, how success will be evaluated,
141	and the specific results to be attained through instruction.
142	4.  Describes the reading curriculum and differentiated
143	strategies that will be used for students reading at grade level
144	or higher and a separate curriculum and strategies for students
145	who are reading below grade level. A sponsor shall deny a
146	charter if the school does not propose a reading curriculum that
147	is consistent with effective teaching strategies that are
148	grounded in scientifically based reading research.
149	5.  Contains an annual financial plan for each year
150	requested by the charter for operation of the school for up to 5
151	years. This plan must contain anticipated fund balances based on
152	revenue projections, a spending plan based on projected revenues
153	and expenses, and a description of controls that will safeguard
154	finances and projected enrollment trends.
155	6.  Documents that the applicant has participated in the
156	training required in subparagraph (f)2. A sponsor may require an
157	applicant to provide additional information as an addendum to
158	the charter school application described in this paragraph.
159	7.  For the establishment of a virtual charter school,
160	documents that the applicant has contracted with a provider of
161	virtual instruction services pursuant to s. 1002.45(1)(d).
162	(7)  CHARTER.-The major issues involving the operation of a
163	charter school shall be considered in advance and written into
164	the charter. The charter shall be signed by the governing board
165	body of the charter school and the sponsor, following a public
166	hearing to ensure community input.
167	(a)  The charter shall address and criteria for approval of
168	the charter shall be based on:
169	1.  The school's mission, the students to be served, and
170	the ages and grades to be included.
171	2.  The focus of the curriculum, the instructional methods
172	to be used, any distinctive instructional techniques to be
173	employed, and identification and acquisition of appropriate
174	technologies needed to improve educational and administrative
175	performance which include a means for promoting safe, ethical,
176	and appropriate uses of technology which comply with legal and
177	professional standards.
178	a.  The charter shall ensure that reading is a primary
179	focus of the curriculum and that resources are provided to
180	identify and provide specialized instruction for students who
181	are reading below grade level. The curriculum and instructional
182	strategies for reading must be consistent with the Sunshine
183	State Standards and grounded in scientifically based reading
184	research.
185	b.  In order to provide students with access to diverse
186	instructional delivery models, to facilitate the integration of
187	technology within traditional classroom instruction, and to
188	provide students with the skills they need to compete in the
189	21st century economy, the Legislature encourages instructional
190	methods for blended learning courses consisting of both
191	traditional classroom and online instructional techniques.
192	Charter schools may implement blended learning courses which
193	combine traditional classroom instruction and virtual
194	instruction. Students in a blended learning course must be full-
195	time students of the charter school and receive the online
196	instruction in a classroom setting at the charter school.
197	Instructional personnel certified pursuant to s. 1012.55 who
198	provide virtual instruction for blended learning courses may be
199	employees of the charter school or may be under contract to
200	provide instructional services to charter school students. At a
201	minimum, such instructional personnel must hold an active state
202	or school district adjunct certification under s. 1012.57 for
203	the subject area of the blended learning course. The funding and
204	performance accountability requirements for blended learning
205	courses are the same as those for traditional courses.
206	3.  The current incoming baseline standard of student
207	academic achievement, the outcomes to be achieved, and the
208	method of measurement that will be used. The criteria listed in
209	this subparagraph shall include a detailed description of:
210	a.  How the baseline student academic achievement levels
211	and prior rates of academic progress will be established.
212	b.  How these baseline rates will be compared to rates of
213	academic progress achieved by these same students while
214	attending the charter school.
215	c.  To the extent possible, how these rates of progress
216	will be evaluated and compared with rates of progress of other
217	closely comparable student populations.
218
219	The district school board is required to provide academic
220	student performance data to charter schools for each of their
221	students coming from the district school system, as well as
222	rates of academic progress of comparable student populations in
223	the district school system.
224	4.  The methods used to identify the educational strengths
225	and needs of students and how well educational goals and
226	performance standards are met by students attending the charter
227	school. The methods shall provide a means for the charter school
228	to ensure accountability to its constituents by analyzing
229	student performance data and by evaluating the effectiveness and
230	efficiency of its major educational programs. Students in
231	charter schools shall, at a minimum, participate in the
232	statewide assessment program created under s. 1008.22.
233	5.  In secondary charter schools, a method for determining
234	that a student has satisfied the requirements for graduation in
235	s. 1003.43.
236	6.  A method for resolving conflicts between the governing
237	board body of the charter school and the sponsor.
238	7.  The admissions procedures and dismissal procedures,
239	including the school's code of student conduct.
240	8.  The ways by which the school will achieve a
241	racial/ethnic balance reflective of the community it serves or
242	within the racial/ethnic range of other public schools in the
243	same school district.
244	9.  The financial and administrative management of the
245	school, including a reasonable demonstration of the professional
246	experience or competence of those individuals or organizations
247	applying to operate the charter school or those hired or
248	retained to perform such professional services and the
249	description of clearly delineated responsibilities and the
250	policies and practices needed to effectively manage the charter
251	school. A description of internal audit procedures and
252	establishment of controls to ensure that financial resources are
253	properly managed must be included. Both public sector and
254	private sector professional experience shall be equally valid in
255	such a consideration.
256	10.  The asset and liability projections required in the
257	application which are incorporated into the charter and shall be
258	compared with information provided in the annual report of the
259	charter school.
260	11.  A description of procedures that identify various
261	risks and provide for a comprehensive approach to reduce the
262	impact of losses; plans to ensure the safety and security of
263	students and staff; plans to identify, minimize, and protect
264	others from violent or disruptive student behavior; and the
265	manner in which the school will be insured, including whether or
266	not the school will be required to have liability insurance,
267	and, if so, the terms and conditions thereof and the amounts of
268	coverage.
269	12.  The term of the charter which shall provide for
270	cancellation of the charter if insufficient progress has been
271	made in attaining the student achievement objectives of the
272	charter and if it is not likely that such objectives can be
273	achieved before expiration of the charter. The initial term of a
274	charter shall be for 4 or 5 years. In order to facilitate access
275	to long-term financial resources for charter school
276	construction, charter schools that are operated by a
277	municipality or other public entity as provided by law are
278	eligible for up to a 15-year charter, subject to approval by the
279	district school board. A charter lab school is eligible for a
280	charter for a term of up to 15 years. In addition, to facilitate
281	access to long-term financial resources for charter school
282	construction, charter schools that are operated by a private,
283	not-for-profit, s. 501(c)(3) status corporation are eligible for
284	up to a 15-year charter, subject to approval by the district
285	school board. Such long-term charters remain subject to annual
286	review and may be terminated during the term of the charter, but
287	only 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
290	the potential strategies used to recruit, hire, train, and
291	retain qualified staff to achieve best value.
292	15.  The governance structure of the school, including the
293	status of the charter school as a public or private employer as
294	required in paragraph (12)(i).
295	16.  A timetable for implementing the charter which
296	addresses the implementation of each element thereof and the
297	date by which the charter shall be awarded in order to meet this
298	timetable.
299	17.  In the case of an existing public school that is being
300	converted to charter status, alternative arrangements for
301	current students who choose not to attend the charter school and
302	for current teachers who choose not to teach in the charter
303	school after conversion in accordance with the existing
304	collective bargaining agreement or district school board rule in
305	the absence of a collective bargaining agreement. However,
306	alternative arrangements shall not be required for current
307	teachers who choose not to teach in a charter lab school, except
308	as authorized by the employment policies of the state university
309	which grants the charter to the lab school.
310	18.  Full disclosure of the identity of all relatives
311	employed by the charter school who are related to the charter
312	school owner, president, chairperson of the governing board of
313	directors, superintendent, governing board member, principal,
314	assistant principal, or any other person employed by the charter
315	school who has equivalent decisionmaking authority. For the
316	purpose of this subparagraph, the term "relative" means father,
317	mother, son, daughter, brother, sister, uncle, aunt, first
318	cousin, nephew, niece, husband, wife, father-in-law, mother-in-
319	law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
320	stepfather, stepmother, stepson, stepdaughter, stepbrother,
321	stepsister, half brother, or half sister.
322	(b)1.  A charter may be renewed provided that a program
323	review demonstrates that the criteria in paragraph (a) have been
324	successfully accomplished and that none of the grounds for
325	nonrenewal established by paragraph (8)(a) has been documented.
326	In order to facilitate long-term financing for charter school
327	construction, charter schools operating for a minimum of 3 years
328	and demonstrating exemplary academic programming and fiscal
329	management are eligible for a 15-year charter renewal. Such
330	long-term charter is subject to annual review and may be
331	terminated during the term of the charter.
332	2.  The 15-year charter renewal that may be granted
333	pursuant to subparagraph 1. shall be granted to a charter school
334	that has received a school grade of "A" or "B" pursuant to s.
335	1008.34 in 3 of the past 4 years and is not in a state of
336	financial emergency or deficit position as defined by this
337	section. Such long-term charter is subject to annual review and
338	may be terminated during the term of the charter pursuant to
339	subsection (8).
340	(c)  A charter may be modified during its initial term or
341	any renewal term upon the recommendation of the sponsor or the
342	charter school's school governing board and the approval of both
343	parties to the agreement.
344	(d)1.  Each charter school's governing board must appoint a
345	representative to facilitate parental involvement, provide
346	access to information, assist parents and others with questions
347	and concerns, and resolve disputes. The representative must
348	reside in the school district in which the charter school is
349	located and may be a governing board member, charter school
350	employee, or individual contracted to represent the governing
351	board. If the governing board oversees multiple charter schools
352	in the same school district, a single representative may be
353	appointed to serve all such schools. The representative's
354	contact information must be provided annually in writing to
355	parents and posted prominently on the charter school's website
356	if a website is maintained by the school. The sponsor may not
357	require that governing board members of the charter school
358	reside in the school district in which the charter school is
359	located if the charter school complies with this paragraph.
360	2.  Each charter school's governing board must hold at
361	least two public meetings per school year in the school
362	district. The meetings must be noticed, open, and accessible to
363	the public, and attendees must be provided an opportunity to
364	receive information and provide input regarding the charter
365	school's operations. The appointed representative and charter
366	school principal or director, or his or her equivalent, must be
367	physically present at each meeting.
368	(17)  FUNDING.-Students enrolled in a charter school,
369	regardless of the sponsorship, shall be funded as if they are in
370	a basic program or a special program, the same as students
371	enrolled in other public schools in the school district. Funding
372	for a charter lab school shall be as provided in s. 1002.32.
373	(f)  Funding for a virtual charter school shall be as
374	provided in s. 1002.45(7).
375	(20)  SERVICES.-
376	(a)1.  A sponsor shall provide certain administrative and
377	educational services to charter schools. These services shall
378	include contract management services; full-time equivalent and
379	data reporting services; exceptional student education
380	administration services; services related to eligibility and
381	reporting duties required to ensure that school lunch services
382	under the federal lunch program, consistent with the needs of
383	the charter school, are provided by the school district at the
384	request of the charter school, that any funds due to the charter
385	school under the federal lunch program be paid to the charter
386	school as soon as the charter school begins serving food under
387	the federal lunch program, and that the charter school is paid
388	at the same time and in the same manner under the federal lunch
389	program as other public schools serviced by the sponsor or the
390	school district; test administration services, including payment
391	of the costs of state-required or district-required student
392	assessments; processing of teacher certificate data services;
393	and information services, including equal access to student
394	information systems that are used by public schools in the
395	district in which the charter school is located. Student
396	performance data for each student in a charter school,
397	including, but not limited to, FCAT scores, standardized test
398	scores, previous public school student report cards, and student
399	performance measures, shall be provided by the sponsor to a
400	charter school in the same manner provided to other public
401	schools in the district.
402	2.  A total administrative fee for the provision of such
403	services shall be calculated based upon up to 5 percent of the
404	available funds defined in paragraph (17)(b) for all students.
405	However, a sponsor may only withhold up to a 5-percent
406	administrative fee for enrollment for up to and including 250
407	students. For charter schools with a population of 251 or more
408	students, the difference between the total administrative fee
409	calculation and the amount of the administrative fee withheld
410	may only be used for capital outlay purposes specified in s.
411	1013.62(2).
412	3.  In addition, a sponsor may withhold only up to a 5-
413	percent administrative fee for enrollment for up to and
414	including 500 students within a system of charter schools which
415	meets all of the following:
416	a.  Includes both conversion charter schools and
417	nonconversion charter schools;
418	b.  Has all schools located in the same county;
419	c.  Has a total enrollment exceeding the total enrollment
420	of 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
423	for management of school operations.
424	4.  The difference between the total administrative fee
425	calculation and the amount of the administrative fee withheld
426	pursuant to subparagraph 3. may be used for instructional and
427	administrative purposes as well as for capital outlay purposes
428	specified in s. 1013.62(2).
429	5.  Each charter school shall receive 100 percent of the
430	funds awarded to that school pursuant to s. 1012.225. Sponsors
431	shall not charge charter schools any additional fees or
432	surcharges for administrative and educational services in
433	addition to the maximum 5-percent administrative fee withheld
434	pursuant to this paragraph.
435	6.  The sponsor of a virtual charter school may withhold a
436	fee of up to 5 percent. The funds shall be used to cover the
437	cost of services provided under subparagraph 1. and for the
438	school district's local instructional improvement system
439	pursuant to s. 1006.281 or other technological tools that are
440	required to access electronic and digital instructional
441	materials.
442	Section 3.  Paragraph (a) of subsection (3) of section
443	1002.37, 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
447	provided as follows:
448	(a)1.  For a student in grades 9 through 12, a "full-time
449	equivalent student" for the Florida Virtual School is one
450	student who has successfully completed six full-credit courses
451	credits that shall count toward the minimum number of credits
452	required for high school graduation. A student who completes
453	fewer less than six full-credit courses is credits shall be a
454	fraction of a full-time equivalent student. Half-credit course
455	completions shall be included in determining a full-time
456	equivalent student. Credit completed by a student in excess of
457	the minimum required for that student for high school graduation
458	is not eligible for funding.
459	2.  For a student in kindergarten through grade 8, a "full-
460	time equivalent student" is one student who has successfully
461	completed six courses or the prescribed level of content that
462	counts toward promotion to the next grade. A student who
463	completes fewer than six courses or the prescribed level of
464	content shall be a fraction of a full-time equivalent student.
465	3.  Beginning in the 2014-2015 fiscal year, when s.
466	1008.22(3)(g) is implemented, the reported full-time equivalent
467	students and associated funding of students enrolled in courses
468	requiring passage of an end-of-course assessment shall be
469	adjusted after the student completes the end-of-course
470	assessment. However, no adjustment shall be made for home
471	education program students who choose not to take an end-of-
472	course assessment.
473
474	For purposes of this paragraph, the calculation of "full-time
475	equivalent student" shall be as prescribed in s.
476	1011.61(1)(c)1.b.(V).
477	(8)(a)  The Florida Virtual School may provide full-time
478	instruction for students in kindergarten through grade 12 and
479	part-time instruction for students in grades 4 through 12. To
480	receive full-time instruction in grades 2 through 5, a student
481	must meet at least one of the eligibility criteria in s.
482	1002.455(2). Part-time instruction for grades 4 and 5 may be
483	provided only to public school students taking grade 6 through
484	grade 8 courses.
485	(b)  For students receiving part-time instruction in grades
486	4 and 5 and students receiving full-time instruction in
487	kindergarten through grade 12 from the Florida Virtual School,
488	the combined total of all FTE reported by both the school
489	district and the Florida Virtual School may not exceed 1.0 FTE.
490	(9)  Each elementary school principal must notify the
491	parent of each student who scores at Level 4 or Level 5 on FCAT
492	Reading or FCAT Mathematics of the option for the student to
493	take accelerated courses through the Florida Virtual School.
494	(10)(a)  Public school students receiving full-time
495	instruction in kindergarten through grade 12 by the Florida
496	Virtual School must take all statewide assessments required
497	pursuant to s. 1008.22.
498	(b)  Public school students receiving part-time instruction
499	by the Florida Virtual School in courses requiring statewide
500	end-of-course assessments must take all statewide end-of-course
501	assessments required pursuant to s. 1008.22(3)(c)2.
502	(c)  All statewide assessments must be taken within the
503	school district in which the student resides. A school district
504	must provide the student with access to the district's testing
505	facilities.
506	(11)  The Florida Virtual School shall receive a school
507	grade pursuant to s. 1008.34 for students receiving full-time
508	instruction.
509	Section 4.  Section 1002.45, Florida Statutes, is amended
510	to 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
515	by the Department of Education under subsection (2), the Florida
516	Virtual School, a franchise of the Florida Virtual School, or a
517	community college.
518	2.  "Virtual instruction program" means a program of
519	instruction provided in an interactive learning environment
520	created through technology in which students are separated from
521	their teachers by time or space, or both, and in which a
522	Florida-certified teacher under chapter 1012 is responsible for
523	at least:
524	a.  Fifty percent of the direct instruction to students in
525	kindergarten through grade 5; or
526	b.  Eighty percent of the direct instruction to students in
527	grades 6 through 12.
528	(b)  Beginning with the 2009-2010 school year, Each school
529	district that is eligible for the sparsity supplement pursuant
530	to s. 1011.62(7) shall provide all enrolled public school
531	eligible students within its boundaries the option of
532	participating in part-time and full-time a virtual instruction
533	programs. Each school district that is not eligible for the
534	sparsity supplement shall provide at least three options for
535	part-time and full-time virtual instruction. All school
536	districts must provide parents with timely written notification
537	of an open enrollment period for full-time students of at least
538	90 days that ends no later than 30 days prior to the first day
539	of the school year program. The purpose of the program is to
540	make quality virtual instruction available to students using
541	online and distance learning technology in the nontraditional
542	classroom. A school district virtual instruction The program
543	shall provide the following be:
544	1.  Full-time virtual instruction for students enrolled in
545	kindergarten through grade 12.
546	2.  Full-time or Part-time virtual instruction for students
547	enrolled in grades 9 through 12 courses that are measured
548	pursuant to subparagraph (8)(a)2.
549	3.  Full-time or part-time virtual instruction for students
550	who are enrolled in dropout prevention and academic intervention
551	programs under s. 1003.53, Department of Juvenile Justice
552	education programs under s. 1003.52, core-curricula courses to
553	meet class size requirements under s. 1003.03, or community
554	colleges under this section.
555	(c)  To provide students with the option of participating
556	in virtual instruction programs as required by paragraph (b), a
557	school district may:
558	1.  Contract with the Florida Virtual School or establish a
559	franchise of the Florida Virtual School for the provision of a
560	program under paragraph (b). Using this option is subject to the
561	requirements of this section and s. 1011.61(1)(c)1.b.(III) and
562	(IV).
563	2.  Contract with an approved provider under subsection (2)
564	for the provision of a full-time program under subparagraph
565	(b)1. or subparagraph (b)3. or a full-time or part-time program
566	under subparagraph (b)2. or subparagraph (b)3.
567	3.  Enter into an agreement with other another school
568	districts district to allow the participation of its students in
569	an approved virtual instruction program provided by the other
570	school district. The agreement must indicate a process for the
571	transfer of funds required by paragraph (7)(f)(b).
572	4.  Establish school district operated part-time or full-
573	time kindergarten through grade 12 virtual instruction programs
574	under paragraph (b) for students enrolled in the school
575	district. A full-time program shall operate under its own Master
576	School Identification Number.
577	5.  Enter into an agreement with a virtual charter school
578	authorized by the school district under s. 1002.33.
579
580	Contracts under subparagraph 1. or subparagraph 2. may include
581	multidistrict contractual arrangements that may be executed by a
582	regional consortium for its member districts. A multidistrict
583	contractual arrangement or an agreement under subparagraph 3. is
584	not subject to s. 1001.42(4)(d) and does not require the
585	participating school districts to be contiguous. These
586	arrangements may be used to fulfill the requirements of
587	paragraph (b).
588	(d)  A virtual charter school may provide full-time virtual
589	instruction for students in kindergarten through grade 12 if the
590	virtual charter school has a charter approved pursuant to s.
591	1002.33 authorizing full-time virtual instruction. A virtual
592	charter school may:
593	1.  Contract with the Florida Virtual School.
594	2.  Contract with an approved provider under subsection
595	(2).
596	3.  Enter into an a joint agreement with a the school
597	district to allow the participation of in which it is located
598	for the virtual charter school's students to participate in the
599	school district's virtual instruction program. The agreement
600	must indicate a process for reporting of student enrollment and
601	the 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
604	each October 1 thereafter, a copy of each contract and the
605	amounts paid per unweighted full-time equivalent student for
606	services procured pursuant to subparagraphs (c)1. and 2.
607	2.  Expend the difference in funds provided for a student
608	participating in the school district virtual instruction program
609	pursuant to subsection (7) and the price paid for contracted
610	services procured pursuant to subparagraphs (c)1. and 2. for the
611	district's local instructional improvement system pursuant to s.
612	1006.281 or other technological tools that are required to
613	access electronic and digital instructional materials.
614	3.  At the end of each fiscal year, but no later than
615	September 1, report to the department an itemized list of the
616	technological tools purchased with these funds.
617	(2)  PROVIDER QUALIFICATIONS.-
618	(a)  The department shall annually publish online provide
619	school districts with a list of providers approved to offer
620	virtual instruction programs. To be approved by the department,
621	a provider must document that it:
622	1.  Is nonsectarian in its programs, admission policies,
623	employment practices, and operations;
624	2.  Complies with the antidiscrimination provisions of s.
625	1000.05;
626	3.  Locates an administrative office or offices in this
627	state, requires its administrative staff to be state residents,
628	requires all instructional staff to be Florida-certified
629	teachers under chapter 1012, and conducts background screenings
630	for all employees or contracted personnel, as required by s.
631	1012.32, using state and national criminal history records;
632	4.  Possesses prior, successful experience offering online
633	courses to elementary, middle, or high school students as
634	demonstrated by quantified student learning gains in each
635	subject area and grade level provided for consideration as an
636	instructional program option;
637	5.  Is accredited by a regional accrediting association as
638	defined by State Board of Education rule; the Southern
639	Association of Colleges and Schools Council on Accreditation and
640	School Improvement, the North Central Association Commission on
641	Accreditation and School Improvement, the Middle States
642	Association of Colleges and Schools Commission on Elementary
643	Schools and Commission on Secondary Schools, the New England
644	Association of Schools and Colleges, the Northwest Association
645	of Accredited Schools, the Western Association of Schools and
646	Colleges, or the Commission on International and Trans-Regional
647	Accreditation; and
648	6.  Ensures instructional and curricular quality through a
649	detailed curriculum and student performance accountability plan
650	that addresses every subject and grade level it intends to
651	provide through contract with the school district, including:
652	a.  Courses and programs that meet the standards of the
653	International Association for K-12 Online Learning and the
654	Southern Regional Education Board.
655	b.  Instructional content and services that align with, and
656	measure student attainment of, student proficiency in the Next
657	Generation Sunshine State Standards.
658	c.  Mechanisms that determine and ensure that a student has
659	satisfied requirements for grade level promotion and high school
660	graduation with a standard diploma, as appropriate;
661	7.  Publishes for the general public, in accordance with
662	disclosure requirements adopted in rule by the State Board of
663	Education, as part of its application as a provider and in all
664	contracts negotiated pursuant to this section:
665	a.  Information and data about the curriculum of each full-
666	time and part-time program.
667	b.  School policies and procedures.
668	c.  Certification status and physical location of all
669	administrative and instructional personnel.
670	d.  Hours and times of availability of instructional
671	personnel.
672	e.  Student-teacher ratios.
673	f.  Student completion and promotion rates.
674	g.  Student, educator, and school performance
675	accountability outcomes; and
676	8.6.  If the provider is a community college, employs
677	instructors who meet the certification requirements for
678	instructional staff under chapter 1012.
679	(b)  An approved provider shall retain its approved status
680	during the for a period of 3 school years after the date of the
681	department's approval under paragraph (a) as long as the
682	provider continues to comply with all requirements of this
683	section. However, each provider approved by the department for
684	the 2011-2012 school year must reapply for approval to provide a
685	part-time program for students in grades 9 through 12.
686	(3)  SCHOOL DISTRICT VIRTUAL INSTRUCTION PROGRAM
687	REQUIREMENTS.-Each school district virtual instruction program
688	under this section must:
689	(a)  Align virtual course curriculum and course content to
690	the Sunshine State Standards under s. 1003.41.
691	(b)  Offer instruction that is designed to enable a student
692	to gain proficiency in each virtually delivered course of study.
693	(c)  Provide each student enrolled in the program with all
694	the necessary instructional materials.
695	(d)  Provide, when appropriate, each full-time student
696	enrolled in the program who qualifies for free or reduced-price
697	school lunches under the National School Lunch Act, or who is on
698	the direct certification list, and who does not have a computer
699	or Internet access in his or her home with:
700	1.  All equipment necessary for participants in the school
701	district virtual instruction program, including, but not limited
702	to, a computer, computer monitor, and printer, if a printer is
703	necessary to participate in the program; and
704	2.  Access to or reimbursement for all Internet services
705	necessary for online delivery of instruction.
706	(e)  Not require tuition or student registration fees.
707	(4)  CONTRACT REQUIREMENTS.-Each contract with an approved
708	provider must at minimum:
709	(a)  Set forth a detailed curriculum plan that illustrates
710	how students will be provided services and be measured for
711	attainment of to attain proficiency in the Next Generation
712	Sunshine State Standards for each grade level and subject.
713	(b)  Provide a method for determining that a student has
714	satisfied the requirements for graduation in s. 1003.428, s.
715	1003.429, or s. 1003.43 if the contract is for the provision of
716	a full-time virtual instruction program to students in grades 9
717	through 12.
718	(c)  Specify a method for resolving conflicts among the
719	parties.
720	(d)  Specify authorized reasons for termination of the
721	contract.
722	(e)  Require the approved provider to be responsible for
723	all debts of the school district virtual instruction program if
724	the contract is not renewed or is terminated.
725	(f)  Require the approved provider to comply with all
726	requirements of this section.
727	(5)  STUDENT ELIGIBILITY.-A student may enroll in a virtual
728	instruction program provided by the school district or by a
729	virtual charter school operated in the district in which he or
730	she resides if the student meets eligibility requirements for
731	virtual instruction pursuant to s. 1002.455. at least one of the
732	following conditions:
733	(a)  The student has spent the prior school year in
734	attendance at a public school in this state and was enrolled and
735	reported by a public school district for funding during the
736	preceding October and February for purposes of the Florida
737	Education Finance Program surveys.
738	(b)  The student is a dependent child of a member of the
739	United States Armed Forces who was transferred within the last
740	12 months to this state from another state or from a foreign
741	country pursuant to the parent's permanent change of station
742	orders.
743	(c)  The student was enrolled during the prior school year
744	in a school district virtual instruction program under this
745	section or a K-8 Virtual School Program under s. 1002.415.
746	(d)  The student has a sibling who is currently enrolled in
747	a school district virtual instruction program and that sibling
748	was enrolled in such program at the end of the prior school
749	year.
750	(6)  STUDENT PARTICIPATION REQUIREMENTS.-Each student
751	enrolled in a school district virtual instruction program or
752	virtual charter school must:
753	(a)  Comply with the compulsory attendance requirements of
754	s. 1003.21. Student attendance must be verified by the school
755	district.
756	(b)  Take state assessment tests within the school district
757	in which such student resides, which must provide the student
758	with access to the district's testing facilities.
759	(7)  VIRTUAL INSTRUCTION PROGRAM AND VIRTUAL CHARTER SCHOOL
760	FUNDING.-
761	(a)  Students enrolled in a virtual instruction program or
762	a virtual charter school shall be funded through the Florida
763	Education Finance Program as provided in the General
764	Appropriations Act. However, such funds may not be provided for
765	the purpose of fulfilling the class size requirements in ss.
766	1003.03 and 1011.685.
767	(b)  For purposes of a school district virtual instruction
768	program or a virtual charter school, "full-time equivalent
769	student" has the same meaning as provided in s.
770	1011.61(1)(c)1.b.(III) or (IV).
771	(c)  For a student enrolled part-time in a grades 6 through
772	12 program, a "full-time equivalent student" has the same
773	meaning 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-
775	time equivalent student in any given school year.
776	(e)  Beginning in the 2014-2015 fiscal year, when s.
777	1008.22(3)(g) is implemented, the reported full-time equivalent
778	students and associated funding of students enrolled in courses
779	requiring passage of an end-of-course assessment shall be
780	adjusted after the student completes the end-of-course
781	assessment.
782	(f)(b)  The school district in which the student resides
783	shall report full-time equivalent students for a the school
784	district virtual instruction program or a virtual charter school
785	to the department in a manner prescribed by the department, and
786	funding shall be provided through the Florida Education Finance
787	Program. Funds received by the school district of residence for
788	a student in a virtual instruction program provided by another
789	school district under this section shall be transferred to the
790	school district providing the virtual instruction program.
791	(g)(c)  A community college provider may not report
792	students who are served in a school district virtual instruction
793	program for funding under the Community College Program Fund.
794	(8)  ASSESSMENT AND ACCOUNTABILITY.-
795	(a)  Each approved provider contracted under this section
796	must:
797	1.  Participate in the statewide assessment program under
798	s. 1008.22 and in the state's education performance
799	accountability system under s. 1008.31.
800	2.  Receive a school grade under s. 1008.34 or a school
801	improvement rating under s. 1008.341, as applicable. The school
802	grade or school improvement rating received by each approved
803	provider shall be based upon the aggregated assessment scores of
804	all students served by the provider statewide. The department
805	shall publish the school grade or school improvement rating
806	received by each approved provider on its Internet website. The
807	department shall develop an evaluation method for providers of
808	part-time programs which includes the percentage of students
809	making learning gains, the percentage of students successfully
810	passing any required end-of-course assessment, the percentage of
811	students taking Advanced Placement examinations, and the
812	percentage of students scoring 3 or higher on an Advanced
813	Placement examination.
814	(b)  The performance of part-time students in grades 9
815	through 12 shall not be included for purposes of school grades
816	or school improvement ratings under subparagraph (a)2.; however,
817	their performance shall be included for school grading or school
818	improvement rating purposes by the nonvirtual school providing
819	the 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
823	plan with the department for consultation to determine the
824	causes for low performance and to develop a plan for correction
825	and improvement.
826	(d)  An approved provider's contract must be terminated if
827	the provider receives a school grade of "D" or "F" under s.
828	1008.34 or a school improvement rating of "Declining" under s.
829	1008.341 for 2 years during any consecutive 4-year period or has
830	violated any qualification requirement pursuant to subsection
831	(2). A provider that has a contract terminated under this
832	paragraph may not be an approved provider for a period of at
833	least 1 year after the date upon which the contract was
834	terminated and until the department determines that the provider
835	is in compliance with subsection (2) and has corrected each
836	cause of the provider's low performance.
837	(9)  EXCEPTIONS.-A provider of digital or online content or
838	curriculum that is used to supplement the instruction of
839	students who are not enrolled in a school district virtual
840	instruction program under this section is not required to meet
841	the requirements of this section.
842	(10)  MARKETING.-Each school district shall provide
843	information to parents and students about the parent's and
844	student's right to participate in a school district virtual
845	instruction program under this section and in courses offered by
846	the Florida Virtual School under s. 1002.37.
847	(11)  RULES.-The State Board of Education shall adopt rules
848	necessary to administer this section, including rules that
849	prescribe disclosure requirements under subsection (2) and
850	school district reporting requirements under subsection (7).
851	Section 5.  Section 1002.455, Florida Statutes, is created
852	to read:
853	1002.455  Student eligibility for K-12 virtual
854	instruction.-
855	(1)  A student may participate in virtual instruction in
856	the school district in which he or she resides if the student
857	meets the eligibility criteria in subsection (2).
858	(2)  A student is eligible to participate in virtual
859	instruction if:
860	(a)  The student spent the prior school year in attendance
861	at a public school in the state and was enrolled and reported by
862	the school district for funding during October and February for
863	purposes of the Florida Education Finance Program surveys;
864	(b)  The student is a dependent child of a member of the
865	United States Armed Forces who was transferred within the last
866	12 months to this state from another state or from a foreign
867	country pursuant to a permanent change of station order;
868	(c)  The student was enrolled during the prior school year
869	in a virtual instruction program under s. 1002.45, the K-8
870	Virtual School Program under s. 1002.415, or a full-time Florida
871	Virtual School program under s. 1002.37(8)(a);
872	(d)  The student has a sibling who is currently enrolled in
873	a virtual instruction program and the sibling was enrolled in
874	that program at the end of the prior school year; or
875	(e)  The student is eligible to enter kindergarten or first
876	grade.
877	(3)  The virtual instruction options for which this
878	eligibility section applies include:
879	(a)  School district operated part-time or full-time
880	kindergarten through grade 12 virtual instruction programs under
881	s. 1002.45(1)(b) for students enrolled in the school district.
882	(b)  Full-time virtual charter school instruction
883	authorized under s. 1002.33.
884	(c)  Courses delivered in the traditional school setting by
885	personnel providing direct instruction through a virtual
886	environment or though a blended virtual and physical environment
887	pursuant to s. 1003.498 and as authorized pursuant to s.
888	1002.321(4)(e).
889	(d)  Virtual courses offered in the course code directory
890	to students within the school district or to students in other
891	school districts throughout the state pursuant to s. 1003.498.
892	Section 6.  Paragraph (c) is added to subsection (2) of
893	section 1003.428, Florida Statutes, to read:
894	1003.428  General requirements for high school graduation;
895	revised.-
896	(2)  The 24 credits may be earned through applied,
897	integrated, and combined courses approved by the Department of
898	Education. The 24 credits shall be distributed as follows:
899	(c)  Beginning with students entering grade 9 in the 2011-
900	2012 school year, at least one course within the 24 credits
901	required in this subsection must be completed through online
902	learning. However, an online course taken during grades 6
903	through 8 fulfills this requirement. This requirement shall be
904	met through an online course offered by the Florida Virtual
905	School, an online course offered by the high school, or an
906	online dual enrollment course offered pursuant to a district
907	interinstitutional articulation agreement pursuant to s.
908	1007.235. A student who is enrolled in a full-time or part-time
909	virtual instruction program under s. 1002.45 meets this
910	requirement.
911	Section 7.  Section 1003.498, Florida Statutes, is created
912	to read:
913	1003.498  School district virtual course offerings.-
914	(1)  School districts may deliver courses in the
915	traditional school setting by personnel certified pursuant to s.
916	1012.55 who provide direct instruction through a virtual
917	environment or though a blended virtual and physical
918	environment.
919	(2)  School districts may offer virtual courses for
920	students enrolled in the school district. These courses must be
921	identified in the course code directory. Students who meet the
922	eligibility requirements of s. 1002.455 may participate in these
923	virtual course offerings.
924	(a)  Any eligible student who is enrolled in a school
925	district may register and enroll in an online course offered by
926	his or her school district.
927	(b)  Any eligible student who is enrolled in a school
928	district may register and enroll in an online course offered by
929	any other school district in the state, except as limited by the
930	following:
931	1.  A student may not enroll in a course offered through a
932	virtual instruction program provided pursuant to s. 1002.45.
933	2.  A student may not enroll in a virtual course offered by
934	another school district if:
935	a.  The course is offered online by the school district in
936	which the student resides; or
937	b.  The course is offered in the school in which the
938	student is enrolled. However, a student may enroll in an online
939	course offered by another school district if the school in which
940	the student is enrolled offers the course but the student is
941	unable to schedule the course in his or her school.
942	3.  The school district in which the student completes the
943	course shall report the student's completion of that course for
944	funding pursuant to s. 1011.61(1)(c)b.(VI) and the home school
945	district shall not report the student for funding for that
946	course.
947
948	For purposes of this paragraph, the combined total of all school
949	district reported FTE may not be reported as more than 1.0 full-
950	time equivalent student in any given school year. The Department
951	of Education shall establish procedures to enable interdistrict
952	coordination for the delivery and funding of this online option.
953	Section 8.  Paragraph (g) of subsection (3) of section
954	1008.22, Florida Statutes, is amended to read:
955	1008.22  Student assessment program for public schools.-
956	(3)  STATEWIDE ASSESSMENT PROGRAM.-The commissioner shall
957	design and implement a statewide program of educational
958	assessment that provides information for the improvement of the
959	operation and management of the public schools, including
960	schools operating for the purpose of providing educational
961	services to youth in Department of Juvenile Justice programs.
962	The commissioner may enter into contracts for the continued
963	administration of the assessment, testing, and evaluation
964	programs authorized and funded by the Legislature. Contracts may
965	be initiated in 1 fiscal year and continue into the next and may
966	be paid from the appropriations of either or both fiscal years.
967	The commissioner is authorized to negotiate for the sale or
968	lease of tests, scoring protocols, test scoring services, and
969	related materials developed pursuant to law. Pursuant to the
970	statewide assessment program, the commissioner shall:
971	(g)  Beginning with the 2014-2015 school year, all
972	statewide end-of-course assessments shall be administered
973	online. Study the cost and student achievement impact of
974	secondary end-of-course assessments, including web-based and
975	performance formats, and report to the Legislature prior to
976	implementation.
977	Section 9.  Paragraph (c) of subsection (1) of section
978	1011.61, Florida Statutes, is amended to read:
979	1011.61  Definitions.-Notwithstanding the provisions of s.
980	1000.21, the following terms are defined as follows for the
981	purposes of the Florida Education Finance Program:
982	(1)  A "full-time equivalent student" in each program of
983	the district is defined in terms of full-time students and part-
984	time 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
987	in s. 1011.62(1)(c); or
988	b.  A combination of full-time or part-time students in any
989	one of the programs listed in s. 1011.62(1)(c) which is the
990	equivalent of one full-time student based on the following
991	calculations:
992	(I)  A full-time student, except a postsecondary or adult
993	student or a senior high school student enrolled in adult
994	education when such courses are required for high school
995	graduation, in a combination of programs listed in s.
996	1011.62(1)(c) shall be a fraction of a full-time equivalent
997	membership in each special program equal to the number of net
998	hours per school year for which he or she is a member, divided
999	by the appropriate number of hours set forth in subparagraph
1000	(a)1. or subparagraph (a)2. The difference between that fraction
1001	or sum of fractions and the maximum value as set forth in
1002	subsection (4) for each full-time student is presumed to be the
1003	balance of the student's time not spent in such special
1004	education programs and shall be recorded as time in the
1005	appropriate basic program.
1006	(II)  A prekindergarten handicapped student shall meet the
1007	requirements specified for kindergarten students.
1008	(III)  A full-time equivalent student for students in
1009	kindergarten through grade 5 in a school district virtual
1010	instruction program under s. 1002.45 or a virtual charter school
1011	under s. 1002.33 shall consist of a student who has successfully
1012	completed a basic program listed in s. 1011.62(1)(c)1.a. or b.,
1013	and who is promoted to a higher grade level.
1014	(IV)  A full-time equivalent student for students in grades
1015	6 through 12 in a school district virtual instruction program
1016	under s. 1002.45(1)(b)1., and 2., or 3. or a virtual charter
1017	school under s. 1002.33 shall consist of six full credit
1018	completions in programs listed in s. 1011.62(1)(c)1.b. or c. and
1019	3. Credit completions may can be a combination of full-credit
1020	courses or half-credit courses either full credits or half
1021	credits. Beginning in the 2014-2015 fiscal year, when s.
1022	1008.22(3)(g) is implemented, the reported full-time equivalent
1023	students and associated funding of students enrolled in courses
1024	requiring passage of an end-of-course assessment shall be
1025	adjusted after the student completes the end-of-course
1026	assessment.
1027	(V)  A Florida Virtual School full-time equivalent student
1028	shall consist of six full credit completions or the prescribed
1029	level of content that counts toward promotion to the next grade
1030	in the programs listed in s. 1011.62(1)(c)1.a. and b. for
1031	kindergarten grades 6 through grade 8 and the programs listed in
1032	s. 1011.62(1)(c)1.c. for grades 9 through 12. Credit completions
1033	may can be a combination of full-credit courses or half-credit
1034	courses either full credits or half credits. Beginning in the
1035	2014-2015 fiscal year, when s. 1008.22(3)(g) is implemented, the
1036	reported full-time equivalent students and associated funding of
1037	students enrolled in courses requiring passage of an end-of-
1038	course assessment shall be adjusted after the student completes
1039	the end-of-course assessment.
1040	(VI)  Each successfully completed full-credit course earned
1041	through an online course delivered by a district other than the
1042	one in which the student resides shall be calculated as 1/6 FTE.
1043	(VII)(VI)  Each successfully completed credit earned under
1044	the alternative high school course credit requirements
1045	authorized in s. 1002.375, which is not reported as a portion of
1046	the 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
1049	or less than 180 school days or the equivalent on an hourly
1050	basis as specified by rules of the State Board of Education is a
1051	fraction of a full-time equivalent membership equal to the
1052	number of instructional hours in membership divided by the
1053	appropriate number of hours set forth in subparagraph (a)1.;
1054	however, for the purposes of this subparagraph, membership in
1055	programs scheduled for more than 180 days is limited to students
1056	enrolled in juvenile justice education programs and the Florida
1057	Virtual School.
1058
1059	The department shall determine and implement an equitable method
1060	of equivalent funding for experimental schools and for schools
1061	operating under emergency conditions, which schools have been
1062	approved by the department to operate for less than the minimum
1063	school day.
1064	Section 10.  Section 1012.57, Florida Statutes, is amended
1065	to read:
1066	1012.57  Certification of adjunct educators.-
1067	(1)  Notwithstanding the provisions of ss. 1012.32,
1068	1012.55, and 1012.56, or any other provision of law or rule to
1069	the contrary, district school boards shall adopt rules to allow
1070	for the issuance of an adjunct teaching certificate to any
1071	applicant who fulfills the requirements of s. 1012.56(2)(a)-(f)
1072	and (10) and who has expertise in the subject area to be taught.
1073	An applicant shall be considered to have expertise in the
1074	subject area to be taught if the applicant demonstrates
1075	sufficient subject area mastery through passage of a subject
1076	area test. The adjunct teaching certificate shall be used for
1077	part-time teaching positions.
1078	(2)  The Legislature intends that this section intent of
1079	this provision is to allow school districts to tap the wealth of
1080	talent and expertise represented in Florida's citizens who may
1081	wish to teach part-time in a Florida public school by permitting
1082	school districts to issue adjunct certificates to qualified
1083	applicants.
1084	(3)  Adjunct certificateholders should be used as a
1085	strategy to enhance the diversity of course offerings offered to
1086	all students. School districts may use the expertise of
1087	individuals in the state who wish to provide online instruction
1088	to students by issuing adjunct certificates to qualified
1089	applicants reduce the teacher shortage; thus, adjunct
1090	certificateholders should supplement a school's instructional
1091	staff, not supplant it. Each school principal shall assign an
1092	experienced peer mentor to assist the adjunct teaching
1093	certificateholder during the certificateholder's first year of
1094	teaching, and an adjunct certificateholder may participate in a
1095	district's new teacher training program. District school boards
1096	shall provide the adjunct teaching certificateholder an
1097	orientation in classroom management prior to assigning the
1098	certificateholder to a school.
1099	(4)  Each adjunct teaching certificate is valid through the
1100	term of the annual contract between the educator and the school
1101	district. An additional annual certification and an additional
1102	annual contract may be awarded by the district at the district's
1103	discretion but only for 5 school years and is renewable if the
1104	applicant is rated effective or highly effective under s.
1105	1012.34 has received satisfactory performance evaluations during
1106	each year of teaching under adjunct teaching certification.
1107	(5)(2)  Individuals who are certified and employed under
1108	this section shall have the same rights and protection of laws
1109	as teachers certified under s. 1012.56.
1110	Section 11.  Subsection (1) of section 1000.04, Florida
1111	Statutes, is amended to read:
1112	1000.04  Components for the delivery of public education
1113	within the Florida K-20 education system.-Florida's K-20
1114	education system provides for the delivery of public education
1115	through publicly supported and controlled K-12 schools,
1116	community colleges, state universities and other postsecondary
1117	educational institutions, other educational institutions, and
1118	other educational services as provided or authorized by the
1119	Constitution and laws of the state.
1120	(1)  PUBLIC K-12 SCHOOLS.-The public K-12 schools include
1121	charter schools and consist of kindergarten classes; elementary,
1122	middle, and high school grades and special classes; school
1123	district virtual instruction programs; workforce education;
1124	career centers; adult, part-time, and evening schools, courses,
1125	or classes, as authorized by law to be operated under the
1126	control of district school boards; and lab schools operated
1127	under the control of state universities.
1128	Section 12.  Paragraph (a) of subsection (6) of section
1129	1002.20, Florida Statutes, is amended to read:
1130	1002.20  K-12 student and parent rights.-Parents of public
1131	school students must receive accurate and timely information
1132	regarding their child's academic progress and must be informed
1133	of ways they can help their child to succeed in school. K-12
1134	students and their parents are afforded numerous statutory
1135	rights including, but not limited to, the following:
1136	(6)  EDUCATIONAL CHOICE.-
1137	(a)  Public school choices.-Parents of public school
1138	students may seek whatever public school choice options that are
1139	applicable to their students and are available to students in
1140	their school districts. These options may include controlled
1141	open enrollment, single-gender programs, lab schools, school
1142	district virtual instruction programs, charter schools, charter
1143	technical career centers, magnet schools, alternative schools,
1144	special programs, advanced placement, dual enrollment,
1145	International Baccalaureate, International General Certificate
1146	of Secondary Education (pre-AICE), Advanced International
1147	Certificate of Education, early admissions, credit by
1148	examination or demonstration of competency, the New World School
1149	of the Arts, the Florida School for the Deaf and the Blind, and
1150	the Florida Virtual School. These options may also include the
1151	public school choice options of the Opportunity Scholarship
1152	Program and the McKay Scholarships for Students with
1153	Disabilities Program.
1154	Section 13.  Paragraph (b) of subsection (3) of section
1155	1003.03, Florida Statutes, is amended to read:
1156	1003.03  Maximum class size.-
1157	(3)  IMPLEMENTATION OPTIONS.-District school boards must
1158	consider, but are not limited to, implementing the following
1159	items in order to meet the constitutional class size maximums
1160	described in subsection (1):
1161	(b)  Adopt policies to encourage students to take courses
1162	from the Florida Virtual School and other school district
1163	virtual instruction options under s. 1002.45 programs.
1164	Section 14.  By December 1, 2011, the Department of
1165	Education shall submit a report to the Governor, the President
1166	of the Senate, and the Speaker of the House of Representatives
1167	which identifies and explains the best methods and strategies by
1168	which the department can assist district school boards in
1169	acquiring digital learning at the most reasonable prices
1170	possible and provides a plan under which district school boards
1171	may voluntarily pool their bids for such purchases. The report
1172	shall identify criteria that will enable district school boards
1173	to differentiate between the level of service and pricing based
1174	upon factors such as the level of student support, the frequency
1175	of teacher-student communications, instructional accountability
1176	standards, and academic integrity. The report shall also include
1177	ways to increase student access to digital learning, including
1178	identification and analysis of the best methods and strategies
1179	for implementing part-time virtual education in kindergarten
1180	through grade 5.
1181	Section 15.  This act shall take effect July 1, 2011.

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