Florida Senate - 2012 SB 1402
By Senator Gardiner
9-00486A-12 20121402__
1 A bill to be entitled
2 An act relating to education; amending s. 1001.03,
3 F.S.; requiring that the State Board of Education
4 enforce compliance with the law and state board rule
5 by the Florida Virtual School; amending s. 1002.20,
6 F.S.; providing that a full-time Florida Virtual
7 School student who meets specified academic and
8 conduct requirements is eligible to participate in
9 extracurricular activities at the public school to
10 which the student would be assigned or could choose to
11 attend; providing that a virtual school student who
12 meets specified academic and conduct requirements is
13 eligible to participate in extracurricular activities
14 at the public school to which the student would be
15 assigned or could choose to attend, unless the
16 activities are provided by the student’s virtual
17 school; amending s. 1002.321, F.S.; requiring that
18 each student take at least one online course before
19 graduating from high school, unless otherwise
20 expressly excluded by law; amending s. 1002.37, F.S.;
21 authorizing the Florida Virtual School to provide
22 part-time and full-time instruction for students in
23 kindergarten through grade 12; providing that the
24 Florida Virtual School has the same authority and
25 responsibilities of a school district under the
26 Florida K-20 Education Code regarding the Florida
27 Virtual School’s full-time program; amending s.
28 1002.45, F.S.; revising provisions relating to virtual
29 instruction programs; requiring that a school district
30 that is eligible for a sparsity supplement, before a
31 wealth adjustment, provide all enrolled public school
32 students the option of participating in part-time and
33 full-time virtual instruction programs; revising
34 virtual instruction program provider qualifications to
35 include an independent review of the curriculum for
36 each course and student performance accountability;
37 requiring that the person performing the independent
38 review meet certain qualifications; requiring that a
39 provider provide independent audit findings
40 documenting financial stability and sound business
41 principles and demonstrate sufficient technology
42 resources and technical support; revising provisions
43 relating to funding; requiring that a school district
44 provide to an approved provider information verifying
45 that reported enrollment data is accurate for the
46 students served by the provider; amending s. 1002.455,
47 F.S.; phasing in eligibility for students to
48 participate in kindergarten through grade 12 virtual
49 instruction; deleting provisions relating to virtual
50 instruction options for eligible students; amending s.
51 1003.428, F.S.; revising the general requirements for
52 high school graduation; providing that the online
53 course requirement does not apply to a student whose
54 individual education plan indicates that an online
55 course would be inappropriate or to a student who is
56 enrolled in a Florida high school for 1 academic year
57 or less; prohibiting a school district from requiring
58 a student to take an online course outside the school
59 day or in addition to the student’s courses for any
60 given semester; amending s. 1003.49, F.S.; authorizing
61 the board of trustees of the Florida Virtual School to
62 operate education programs for students in
63 kindergarten through grade 12; amending s. 1003.57,
64 F.S.; requiring that the Florida Virtual School
65 fulfill the obligations of a school district for
66 exceptional public school students who are enrolled in
67 a full-time Florida Virtual School program; providing
68 that a student whose individual education plan
69 indicates that a full-time virtual education is
70 inappropriate may not be enrolled in a Florida Virtual
71 School full-time program; amending s. 1006.15, F.S.;
72 providing standards for participation in
73 interscholastic and intrascholastic extracurricular
74 student activities by full-time students attending the
75 Florida Virtual School; amending s. 1008.22, F.S.;
76 requiring that all statewide end-of-course assessments
77 be administered electronically; amending s. 1008.32,
78 F.S.; requiring that the State Board of Education
79 oversee the performance of the Florida Virtual School
80 and ensure compliance with law and state board rule;
81 revising provisions to conform to changes made by the
82 act; amending ss. 1011.61 and 1011.62, F.S.; revising
83 provisions relating to funding to conform to changes
84 made by the act; conforming cross-references;
85 providing an effective date.
86
87 Be It Enacted by the Legislature of the State of Florida:
88
89 Section 1. Subsection (8) of section 1001.03, Florida
90 Statutes, is amended to read:
91 1001.03 Specific powers of State Board of Education.—
92 (8) SYSTEMWIDE ENFORCEMENT.—The State Board of Education
93 shall enforce compliance with law and state board rule by all
94 school districts, the Florida Virtual School, and public
95 postsecondary education educational institutions, except for the
96 State University System, in accordance with the provisions of s.
97 1008.32.
98 Section 2. Present paragraph (d) of subsection (18) of
99 section 1002.20, Florida Statutes, is redesignated as paragraph
100 (f), and new paragraphs (d) and (e) are added to that
101 subsection, to read:
102 1002.20 K-12 student and parent rights.—Parents of public
103 school students must receive accurate and timely information
104 regarding their child’s academic progress and must be informed
105 of ways they can help their child to succeed in school. K-12
106 students and their parents are afforded numerous statutory
107 rights including, but not limited to, the following:
108 (18) EXTRACURRICULAR ACTIVITIES.—In accordance with the
109 provisions of s. 1006.15:
110 (d) Full-time Florida Virtual School students.–A full-time
111 Florida Virtual School student who meets specified academic and
112 conduct requirements is eligible to participate in
113 extracurricular activities at the public school to which the
114 student would be assigned or could choose to attend according to
115 district school board policies.
116 (e) Virtual school students.—A virtual school student who
117 meets specified academic and conduct requirements is eligible to
118 participate in extracurricular activities at the public school
119 to which the student would be assigned or could choose to attend
120 according to district school board policies, unless the activity
121 is provided by the student’s virtual school.
122 Section 3. Subsection (3) of section 1002.321, Florida
123 Statutes, is amended to read:
124 1002.321 Digital learning.—
125 (3) DIGITAL PREPARATION.—Unless otherwise expressly
126 excluded by law, each student must take graduate from high
127 school having taken at least one online course before graduating
128 from high school, as provided in s. 1003.428.
129 Section 4. Subsection (8) of section 1002.37, Florida
130 Statutes, is amended to read:
131 1002.37 The Florida Virtual School.—
132 (8)(a) The Florida Virtual School may provide part-time and
133 full-time instruction for students in kindergarten through grade
134 12 and part-time instruction for students in grades 4 through
135 12. To receive full-time instruction in grades 2 through 5, a
136 student must meet at least one of the eligibility criteria in s.
137 1002.455(2). Part-time instruction for grades 4 and 5 may be
138 provided only to public school students taking grade 6 through
139 grade 8 courses.
140 (b) For students receiving part-time instruction or in
141 grades 4 and 5 and students receiving full-time instruction in
142 kindergarten through grade 12 from the Florida Virtual School,
143 the combined total of all FTE reported by both the school
144 district and the Florida Virtual School may not exceed 1.0 FTE.
145
146 Except as otherwise expressly provided by law, the Florida
147 Virtual School has the same authority and responsibilities of a
148 school district under the Florida K-20 Education Code regarding
149 the Florida Virtual School’s full-time program.
150 Section 5. Paragraph (b) of subsection (1), paragraph (a)
151 of subsection (2), paragraphs (c), (f), and (g) of subsection
152 (7), and paragraph (a) of subsection (8) of section 1002.45,
153 Florida Statutes, are amended to read:
154 1002.45 Virtual instruction programs.—
155 (1) PROGRAM.—
156 (b) Each school district that is eligible for the sparsity
157 supplement, before a wealth adjustment, pursuant to s.
158 1011.62(7) shall provide all enrolled public school students
159 within its boundaries the option of participating in part-time
160 and full-time virtual instruction programs. Each school district
161 that is not eligible for the sparsity supplement, before a
162 wealth adjustment, shall provide at least three options for
163 part-time and full-time virtual instruction. All school
164 districts must provide parents with timely written notification
165 of an open enrollment period for full-time students of at least
166 90 days which that ends no earlier later than 30 days before
167 prior to the first day of the school year. The purpose of the
168 program is to make quality virtual instruction available to
169 students using online and distance learning technology in the
170 nontraditional classroom. A school district virtual instruction
171 program shall provide, but is not limited to, the following:
172 1. Part-time and full-time virtual instruction for students
173 enrolled in kindergarten through grade 12.
174 2. Part-time virtual instruction for students enrolled in
175 grades 9 through 12 courses that are measured pursuant to
176 subparagraph (8)(a)2.
177 2.3. Full-time or part-time virtual instruction for
178 students enrolled in dropout prevention and academic
179 intervention programs under s. 1003.53, Department of Juvenile
180 Justice education programs under s. 1003.52, core-curricula
181 courses to meet class size requirements under s. 1003.03, or
182 Florida College System institutions under this section.
183 (2) PROVIDER QUALIFICATIONS.—
184 (a) The department shall annually publish online a list of
185 providers approved to offer virtual instruction programs. To be
186 approved by the department, a provider must document that it:
187 1. Is nonsectarian in its programs, admission policies,
188 employment practices, and operations;
189 2. Complies with the antidiscrimination provisions of s.
190 1000.05;
191 3. Locates an administrative office or offices in this
192 state, requires its administrative staff to be state residents,
193 requires all instructional staff to be Florida-certified
194 teachers under chapter 1012, and conducts background screenings
195 for all employees or contracted personnel, as required by s.
196 1012.32, using state and national criminal history records;
197 4. Possesses prior, successful experience offering online
198 courses to elementary, middle, or high school students as
199 demonstrated by quantified student learning gains in each
200 subject area and grade level provided for consideration as an
201 instructional program option;
202 5. Is accredited by a regional accrediting association as
203 defined by State Board of Education rule;
204 6. Ensures instructional and curricular quality through a
205 detailed curriculum and student performance accountability plan
206 that addresses every subject and grade level it intends to
207 provide through contract with the school district, including:
208 a. Courses and programs that meet the standards of the
209 International Association for K-12 Online Learning and the
210 Southern Regional Education Board.
211 b. Instructional content and services that align with, and
212 measure student attainment of, student proficiency in the Next
213 Generation Sunshine State Standards.
214 c. Mechanisms that determine and ensure that a student has
215 satisfied requirements for grade level promotion and high school
216 graduation with a standard diploma, as appropriate;
217 7. Provides an independent review of the detailed
218 curriculum and student performance accountability on a form
219 adopted by the department and verifies that the person
220 performing the independent review has examined the curriculum
221 for each course which meets the requirements of this section.
222 The independent review must be performed by a person who:
223 a. Holds a current Florida educator certificate;
224 b. Has experience teaching K-12 education in a Florida
225 public school;
226 c. Has knowledge of the standards of the International
227 Association for K-12 Online Learning and the Southern Regional
228 Education Board; and
229 d. Has experience teaching in or administering an online
230 education program;
231 8.7. Publishes for the general public, in accordance with
232 disclosure requirements adopted in rule by the State Board of
233 Education, as part of its application as a provider and in all
234 contracts negotiated pursuant to this section:
235 a. Information and data about the curriculum of each full
236 time and part-time program.
237 b. School policies and procedures.
238 c. Certification status and physical location of all
239 administrative and instructional personnel.
240 d. Hours and times of availability of instructional
241 personnel.
242 e. Student-teacher ratios.
243 f. Student completion and promotion rates.
244 g. Student, educator, and school performance accountability
245 outcomes; and
246 9.8. If the provider is a Florida College System
247 institution, employs instructors who meet the certification
248 requirements for instructional staff under chapter 1012;.
249 10. Provides independent audit findings or other externally
250 validated summary financial information to document financial
251 stability and sound business principles; and
252 11. Demonstrates sufficient technology resources and
253 technical support to ensure a quality program.
254 (7) VIRTUAL INSTRUCTION PROGRAM AND VIRTUAL CHARTER SCHOOL
255 FUNDING.—
256 (c) For a student enrolled part-time in a kindergarten
257 grades 6 through grade 12 program, a “full-time equivalent
258 student” has the same meaning as provided in s.
259 1011.61(1)(c)1.b.(III) and (IV) 1011.61(1)(c)1.b.(IV).
260 (f) The school district in which the student resides shall
261 report full-time equivalent students for a virtual instruction
262 program or a virtual charter school to the department in a
263 manner prescribed by the department, and funding shall be
264 provided through the Florida Education Finance Program. Funds
265 received by the school district of residence for a student in a
266 virtual instruction program provided by another school district
267 under this section shall be transferred to the school district
268 providing the virtual instruction program.
269 (f)(g) A Florida College System institution provider may
270 not report students who are served in a virtual instruction
271 program for funding under the Florida College System Program
272 Fund.
273 (8) ASSESSMENT AND ACCOUNTABILITY.—
274 (a) Each approved provider contracted under this section
275 must:
276 1. Participate in the statewide assessment program under s.
277 1008.22 and in the state’s education performance accountability
278 system under s. 1008.31. In order to ensure that the information
279 used for accountability purposes is accurate, a school district
280 must routinely provide to an approved provider information
281 verifying that the reported enrollment data is accurate for the
282 students served in the provider’s program.
283 2. Receive a school grade under s. 1008.34 or a school
284 improvement rating under s. 1008.341, as applicable. The school
285 grade or school improvement rating received by each approved
286 provider shall be based upon the aggregated assessment scores of
287 all students served by the provider statewide. The department
288 shall publish the school grade or school improvement rating
289 received by each approved provider on its Internet website. The
290 department shall develop an evaluation method for providers of
291 part-time programs which includes the percentage of students
292 making learning gains, the percentage of students successfully
293 passing any required end-of-course assessment, the percentage of
294 students taking Advanced Placement examinations, and the
295 percentage of students scoring 3 or higher on an Advanced
296 Placement examination.
297 Section 6. Subsections (2) and (3) of section 1002.455,
298 Florida Statutes, are amended to read:
299 1002.455 Student eligibility for K-12 virtual instruction.—
300 (2) A student is eligible to participate in virtual
301 instruction if:
302 (a) The student spent the prior school year in attendance
303 at a public school in the state and was enrolled and reported by
304 the school district for funding during October and February for
305 purposes of the Florida Education Finance Program surveys;
306 (b) The student is a dependent child of a member of the
307 United States Armed Forces who was transferred within the last
308 12 months to this state from another state or from a foreign
309 country pursuant to a permanent change of station order;
310 (c) The student was enrolled during the prior school year
311 in a virtual instruction program under s. 1002.45, the K-8
312 Virtual School Program under s. 1002.415, or a full-time Florida
313 Virtual School program under s. 1002.37(8)(a);
314 (d) The student has a sibling who is currently enrolled in
315 a virtual instruction program and the sibling was enrolled in
316 that program at the end of the prior school year; or
317 (e) The student is eligible to enter kindergarten or first
318 grade;.
319 (f) Beginning with the 2012-2013 school year, the student
320 is eligible to enter grade 2 through grade 5;
321 (g) Beginning with the 2013-2014 school year, the student
322 is eligible to enter kindergarten through grade 8; or
323 (h) Beginning with the 2014-2015 school year, the student
324 is eligible to enter kindergarten through grade 12.
325 (3) The virtual instruction options for which this
326 eligibility section applies include:
327 (a) School district operated part-time or full-time
328 kindergarten through grade 12 virtual instruction programs under
329 s. 1002.45(1)(b) for students enrolled in the school district.
330 (b) Full-time virtual charter school instruction authorized
331 under s. 1002.33.
332 (c) Courses delivered in the traditional school setting by
333 personnel providing direct instruction through a virtual
334 environment or though a blended virtual and physical environment
335 pursuant to s. 1003.498 and as authorized pursuant to s.
336 1002.321(4)(e).
337 (d) Virtual courses offered in the course code directory to
338 students within the school district or to students in other
339 school districts throughout the state pursuant to s. 1003.498.
340 Section 7. Paragraph (c) of subsection (2) of section
341 1003.428, Florida Statutes, is amended to read:
342 1003.428 General requirements for high school graduation;
343 revised.—
344 (2) The 24 credits may be earned through applied,
345 integrated, and combined courses approved by the Department of
346 Education. The 24 credits shall be distributed as follows:
347 (c) Beginning with students entering grade 9 in the 2011
348 2012 school year, at least one course within the 24 credits
349 required in this subsection must be completed through online
350 learning. However, an online course taken during grades 6
351 through 8 fulfills this requirement. This requirement shall be
352 met through an online course offered by the Florida Virtual
353 School, an online course offered by the high school, or an
354 online dual enrollment course offered pursuant to a district
355 interinstitutional articulation agreement pursuant to s.
356 1007.235. A student who is enrolled in a full-time or part-time
357 virtual instruction program under s. 1002.45 meets this
358 requirement. This requirement does not apply to a student whose
359 individual education plan under s. 1003.57 indicates an online
360 course would be inappropriate or to a student who is enrolled in
361 a Florida high school for 1 academic year or less. A school
362 district may not require a student to take the online course
363 outside the school day or in addition to the student’s courses
364 for any given semester.
365 Section 8. Subsection (1) of section 1003.49, Florida
366 Statutes, is amended to read:
367 1003.49 Graduation and promotion requirements for publicly
368 operated schools.—
369 (1) Each state or local public agency, including the
370 Department of Children and Family Services, the Department of
371 Corrections, the boards of trustees of universities and Florida
372 College System institutions, the board of trustees of the
373 Florida Virtual School, and the Board of Trustees of the Florida
374 School for the Deaf and the Blind, which agency is authorized to
375 operate education educational programs for students in at any
376 level of grades kindergarten through grade 12 and is shall be
377 subject to all applicable requirements of ss. 1003.4156,
378 1003.428, 1003.43, 1008.23, and 1008.25. Within the content of
379 these cited statutes each such state or local public agency or
380 entity shall be considered a “district school board.”
381 Section 9. Subsection (5) is added to section 1003.57,
382 Florida Statutes, to read:
383 1003.57 Exceptional students instruction.—
384 (5) The Florida Virtual School shall fulfill the
385 obligations of a school district under this section for
386 exceptional public school students who are enrolled in a full
387 time Florida Virtual School program. A student whose individual
388 education plan indicates that full-time virtual education is
389 inappropriate may not be enrolled in a Florida Virtual School
390 full-time program, but must be enrolled in the school district
391 in which the student resides. This subsection does not alter a
392 parent’s right to decline exceptional education services.
393 Section 10. Paragraph (e) is added to subsection (3) of
394 section 1006.15, Florida Statutes, to read:
395 1006.15 Student standards for participation in
396 interscholastic and intrascholastic extracurricular student
397 activities; regulation.—
398 (3)
399 (e)1. A full-time student attending the Florida Virtual
400 School under s. 1002.37 is eligible to participate in any
401 interscholastic extracurricular activity at a public school to
402 which the student would be assigned, pursuant to district school
403 board attendance policies, or at a public school that the
404 student could choose to attend, pursuant to district or
405 interdistrict controlled open-enrollment provisions, unless the
406 activity is provided by the student’s virtual school, and if the
407 following conditions are met:
408 a. The virtual school student meets the requirements of the
409 virtual education program as provided in s. 1002.37.
410 b. During the period of participation at the public school,
411 the virtual school student demonstrates educational progress as
412 required in paragraph (b).
413 c. The virtual school student meets the same residency
414 requirements as other students in the public school at which the
415 student participates.
416 d. The virtual school student meets the same standards of
417 acceptance, behavior, and performance which are required of
418 other students in extracurricular activities.
419 e. The virtual school student registers with the public
420 school at which he or she intends to participate in
421 interscholastic extracurricular activities as a representative
422 of the school before the beginning date of the season for the
423 activity in which he or she wishes to participate.
424 2. A virtual school student must be allowed to participate
425 in curricular activities at the public school if that is a
426 requirement for an extracurricular activity.
427 3. A student who transfers from a virtual school program to
428 a public school before or during the first grading period of the
429 school year is academically eligible to participate in
430 interscholastic extracurricular activities during the first
431 grading period if the student has a successful evaluation from
432 the previous school year as provided in sub-subparagraph 1.b.
433 4. Any public school or private school student who has been
434 unable to maintain academic eligibility for participation in
435 interscholastic extracurricular activities is ineligible to
436 participate in the activities as a virtual school student until
437 the student successfully completes one grading period in a
438 virtual school.
439 Section 11. Paragraph (g) of subsection (3) of section
440 1008.22, Florida Statutes, is amended to read:
441 1008.22 Student assessment program for public schools.—
442 (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
443 design and implement a statewide program of educational
444 assessment that provides information for the improvement of the
445 operation and management of the public schools, including
446 schools operating for the purpose of providing educational
447 services to youth in Department of Juvenile Justice programs.
448 The commissioner may enter into contracts for the continued
449 administration of the assessment, testing, and evaluation
450 programs authorized and funded by the Legislature. Contracts may
451 be initiated in 1 fiscal year and continue into the next and may
452 be paid from the appropriations of either or both fiscal years.
453 The commissioner is authorized to negotiate for the sale or
454 lease of tests, scoring protocols, test scoring services, and
455 related materials developed pursuant to law. Pursuant to the
456 statewide assessment program, the commissioner shall:
457 (g) Beginning with the 2014-2015 school year, all statewide
458 end-of-course assessments shall be administered electronically
459 online.
460 Section 12. Section 1008.32, Florida Statutes, is amended
461 to read:
462 1008.32 State Board of Education oversight enforcement
463 authority.—The State Board of Education shall oversee the
464 performance of district school boards, the Florida Virtual
465 School board of trustees, and Florida College System institution
466 boards of trustees in enforcement of all laws and rules.
467 District school boards, the Florida Virtual School board of
468 trustees, and Florida College System institution boards of
469 trustees shall be primarily responsible for compliance with law
470 and state board rule.
471 (1) In order to ensure compliance with law or state board
472 rule, the State Board of Education shall have the authority to
473 request and receive information, data, and reports from school
474 districts, the Florida Virtual School, and Florida College
475 System institutions. District school superintendents, the
476 chairperson of the Florida Virtual School board of trustees, and
477 Florida College System institution presidents are responsible
478 for the accuracy of the information and data reported to the
479 state board.
480 (2) The Commissioner of Education may investigate
481 allegations of noncompliance with law or state board rule and
482 determine probable cause. The commissioner shall report
483 determinations of probable cause to the State Board of Education
484 which shall require the district school board, the Florida
485 Virtual School board of trustees, or Florida College System
486 institution board of trustees to document compliance with law or
487 state board rule.
488 (3) If the district school board, the Florida Virtual
489 School board of trustees, or Florida College System institution
490 board of trustees cannot satisfactorily document compliance, the
491 State Board of Education may order compliance within a specified
492 timeframe.
493 (4) If the State Board of Education determines that a
494 district school board, the Florida Virtual School board of
495 trustees, or Florida College System institution board of
496 trustees is unwilling or unable to comply with law or state
497 board rule within the specified time, the state board shall have
498 the authority to initiate any of the following actions:
499 (a) Report to the Legislature that the school district, the
500 Florida Virtual School, or Florida College System institution
501 has been unwilling or unable to comply with law or state board
502 rule and recommend action to be taken by the Legislature.
503 (b) Reduce the discretionary lottery appropriation until
504 the school district, the Florida Virtual School, or Florida
505 College System institution complies with the law or state board
506 rule.
507 (c) Withhold the transfer of state funds, discretionary
508 grant funds, or any other funds specified as eligible for this
509 purpose by the Legislature until the school district, the
510 Florida Virtual School, or Florida College System institution
511 complies with the law or state board rule.
512 (d) Declare the school district, the Florida Virtual
513 School, or Florida College System institution ineligible for
514 competitive grants.
515 (e) Require monthly or periodic reporting on the situation
516 related to noncompliance until it is remedied.
517 (5) Nothing in This section does not shall be construed to
518 create a private cause of action or create any rights for
519 individuals or entities in addition to those provided elsewhere
520 in law or rule.
521 Section 13. Paragraph (c) of subsection (1) of section
522 1011.61, Florida Statutes, is amended to read:
523 1011.61 Definitions.—Notwithstanding the provisions of s.
524 1000.21, the following terms are defined as follows for the
525 purposes of the Florida Education Finance Program:
526 (1) A “full-time equivalent student” in each program of the
527 district is defined in terms of full-time students and part-time
528 students as follows:
529 (c)1. A “full-time equivalent student” is:
530 a. A full-time student in any one of the programs listed in
531 s. 1011.62(1)(c); or
532 b. A combination of full-time or part-time students in any
533 one of the programs listed in s. 1011.62(1)(c) which is the
534 equivalent of one full-time student based on the following
535 calculations:
536 (I) A full-time student in a combination of programs listed
537 in s. 1011.62(1)(c) shall be a fraction of a full-time
538 equivalent membership in each special program equal to the
539 number of net hours per school year for which he or she is a
540 member, divided by the appropriate number of hours set forth in
541 subparagraph (a)1. or subparagraph (a)2. The difference between
542 that fraction or sum of fractions and the maximum value as set
543 forth in subsection (4) for each full-time student is presumed
544 to be the balance of the student’s time not spent in such
545 special education programs and shall be recorded as time in the
546 appropriate basic program.
547 (II) A prekindergarten handicapped student shall meet the
548 requirements specified for kindergarten students.
549 (III) A full-time equivalent student for students in
550 kindergarten through grade 5 in a virtual instruction program
551 under s. 1002.45 or a virtual charter school under s. 1002.33
552 shall consist of a student who has successfully completed a
553 basic program listed in s. 1011.62(1)(c)1.a. or b., and who is
554 promoted to a higher grade level.
555 (IV) A full-time equivalent student for students in grades
556 6 through 12 in a virtual instruction program under s.
557 1002.45(1)(b)1. or, 2., or 3. or a virtual charter school under
558 s. 1002.33 shall consist of six full credit completions in
559 programs listed in s. 1011.62(1)(c)1.b. or c. and 3. Credit
560 completions may be a combination of full-credit courses or half
561 credit courses. Beginning in the 2014-2015 fiscal year, when s.
562 1008.22(3)(g) is implemented, the reported full-time equivalent
563 students and associated funding of students enrolled in courses
564 requiring passage of an end-of-course assessment shall be
565 adjusted after the student completes the end-of-course
566 assessment.
567 (V) A Florida Virtual School full-time equivalent student
568 shall consist of six full credit completions or the prescribed
569 level of content that counts toward promotion to the next grade
570 in the programs listed in s. 1011.62(1)(c)1.a. and b. for
571 kindergarten through grade 8 and the programs listed in s.
572 1011.62(1)(c)1.c. for grades 9 through 12. Credit completions
573 may be a combination of full-credit courses or half-credit
574 courses. Beginning in the 2014-2015 fiscal year, when s.
575 1008.22(3)(g) is implemented, the reported full-time equivalent
576 students and associated funding of students enrolled in courses
577 requiring passage of an end-of-course assessment shall be
578 adjusted after the student completes the end-of-course
579 assessment.
580 (VI) Each successfully completed full-credit course earned
581 through an online course delivered by a district other than the
582 one in which the student resides shall be calculated as 1/6 FTE.
583 (VII) Each successfully completed credit earned under the
584 alternative high school course credit requirements authorized in
585 s. 1002.375, which is not reported as a portion of the 900 net
586 hours of instruction pursuant to subparagraph (1)(a)1., shall be
587 calculated as 1/6 FTE.
588 2. A student in membership in a program scheduled for more
589 or less than 180 school days or the equivalent on an hourly
590 basis as specified by rules of the State Board of Education is a
591 fraction of a full-time equivalent membership equal to the
592 number of instructional hours in membership divided by the
593 appropriate number of hours set forth in subparagraph (a)1.;
594 however, for the purposes of this subparagraph, membership in
595 programs scheduled for more than 180 days is limited to students
596 enrolled in juvenile justice education programs and the Florida
597 Virtual School.
598
599 The department shall determine and implement an equitable method
600 of equivalent funding for experimental schools and for schools
601 operating under emergency conditions, which schools have been
602 approved by the department to operate for less than the minimum
603 school day.
604 Section 14. Paragraphs (e) and (g) of subsection (1) and
605 subsection (11) of section 1011.62, Florida Statutes, are
606 amended to read:
607 1011.62 Funds for operation of schools.—If the annual
608 allocation from the Florida Education Finance Program to each
609 district for operation of schools is not determined in the
610 annual appropriations act or the substantive bill implementing
611 the annual appropriations act, it shall be determined as
612 follows:
613 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
614 OPERATION.—The following procedure shall be followed in
615 determining the annual allocation to each district for
616 operation:
617 (e) Funding model for exceptional student education
618 programs.—
619 1.a. The funding model uses basic, at-risk, support levels
620 IV and V for exceptional students and career Florida Education
621 Finance Program cost factors, and a guaranteed allocation for
622 exceptional student education programs. Exceptional education
623 cost factors are determined by using a matrix of services to
624 document the services that each exceptional student will
625 receive. The nature and intensity of the services indicated on
626 the matrix shall be consistent with the services described in
627 each exceptional student’s individual educational plan. The
628 Department of Education shall review and revise the descriptions
629 of the services and supports included in the matrix of services
630 for exceptional students and shall implement those revisions
631 before the beginning of the 2012-2013 school year.
632 b. In order to generate funds using one of the two weighted
633 cost factors, a matrix of services must be completed at the time
634 of the student’s initial placement into an exceptional student
635 education program and at least once every 3 years by personnel
636 who have received approved training. Nothing listed in the
637 matrix shall be construed as limiting the services a school or
638 school district must provide in order to ensure that exceptional
639 students are provided a free, appropriate public education.
640 c. Students identified as exceptional, in accordance with
641 chapter 6A-6, Florida Administrative Code, who do not have a
642 matrix of services as specified in sub-subparagraph b. shall
643 generate funds on the basis of full-time-equivalent student
644 membership in the Florida Education Finance Program at the same
645 funding level per student as provided for basic students.
646 Additional funds for these exceptional students will be provided
647 through the guaranteed allocation designated in subparagraph 2.
648 2. For students identified as exceptional who do not have a
649 matrix of services and students who are gifted in kindergarten
650 grades K through grade 8, there is created a guaranteed
651 allocation to provide these students with a free appropriate
652 public education, in accordance with s. 1001.42(4)(m) and rules
653 of the State Board of Education, which shall be allocated
654 annually to each school district and the Florida Virtual School
655 in the amount provided in the General Appropriations Act. These
656 funds shall be in addition to the funds appropriated on the
657 basis of FTE student membership in the Florida Education Finance
658 Program, and the amount allocated for each school district and
659 the Florida Virtual School may shall not be recalculated during
660 the year. These funds shall be used to provide special education
661 and related services for exceptional students and students who
662 are gifted in kindergarten grades K through grade 8. Beginning
663 with the 2007-2008 fiscal year, A district’s expenditure of
664 funds and the Florida Virtual School’s expenditure of funds from
665 the guaranteed allocation for students in grades 9 through 12
666 who are gifted may not be greater than the amount expended
667 during the 2006-2007 fiscal year for gifted students in grades 9
668 through 12.
669 (g) Education for speakers of other languages.—A school
670 district and the Florida Virtual School are shall be eligible to
671 report full-time equivalent student membership in the ESOL
672 program in the Florida Education Finance Program if provided the
673 following conditions are met:
674 1. The school district and the Florida Virtual School has a
675 plan approved by the Department of Education.
676 2. The eligible student is identified and assessed as
677 limited English proficient based on assessment criteria.
678 3.a. An eligible student may be reported for funding in the
679 ESOL program for a base period of 3 years. However, a student
680 whose English competency does not meet the criteria for
681 proficiency after 3 years in the ESOL program may be reported
682 for a fourth, fifth, and sixth year of funding, provided his or
683 her limited English proficiency is assessed and properly
684 documented prior to his or her enrollment in each additional
685 year beyond the 3-year base period.
686 b. If a student exits the program and is later reclassified
687 as limited English proficient, the student may be reported in
688 the ESOL program for funding for an additional year, or extended
689 annually for a period not to exceed a total of 6 years pursuant
690 to this paragraph, based on an annual evaluation of the
691 student’s status.
692 4. An eligible student may be reported for funding in the
693 ESOL program for membership in ESOL instruction in English and
694 ESOL instruction or home language instruction in the basic
695 subject areas of mathematics, science, social studies, and
696 computer literacy.
697 (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may
698 annually provide in the Florida Education Finance Program a
699 virtual education contribution. The amount of the virtual
700 education contribution shall be the difference between the
701 amount per FTE established in the General Appropriations Act for
702 virtual education and the amount per FTE for each district and
703 the Florida Virtual School, which may be calculated by taking
704 the sum of the base FEFP allocation, the discretionary local
705 effort, the state-funded discretionary contribution, the
706 discretionary millage compression supplement, the research-based
707 reading instruction allocation, and the instructional materials
708 allocation, and then dividing by the total unweighted FTE. This
709 difference shall be multiplied by the virtual education
710 unweighted FTE for programs and options identified in s.
711 1002.455(3)(a) and, (b), and (d) and the Florida Virtual School
712 and its franchises to equal the virtual education contribution
713 and shall be included as a separate allocation in the funding
714 formula.
715 Section 15. This act shall take effect July 1, 2012.