Florida Senate - 2013             CONFERENCE COMMITTEE AMENDMENT
       Bill No. SB 1514, 1st Eng.
       
       
       
       
       
       
                                Barcode 573500                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: AD/CR          .                                
             05/03/2013 11:56 AM       .                                
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       The Conference Committee on SB 1514, 1st Eng. recommended the
       following:
       
    1         Senate Conference Committee Amendment (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Paragraph (e) of subsection (4) of section
    7  288.8175, Florida Statutes, is amended to read:
    8         288.8175 Linkage institutes between postsecondary
    9  institutions in this state and foreign countries.—
   10         (4) The institutes are:
   11         (e) Florida-China Institute (University of West Florida,
   12  University of South Florida, and Eastern Florida State Brevard
   13  Community College).
   14         Section 2. Paragraph (a) of subsection (3) of section
   15  1000.21, Florida Statutes, is amended to read:
   16         1000.21 Systemwide definitions.—As used in the Florida K-20
   17  Education Code:
   18         (3) “Florida College System institution” except as
   19  otherwise specifically provided, includes all of the following
   20  public postsecondary educational institutions in the Florida
   21  College System and any branch campuses, centers, or other
   22  affiliates of the institution:
   23         (a) Eastern Florida State Brevard Community College, which
   24  serves Brevard County.
   25         Section 3. Section 1001.27, Florida Statutes, is repealed.
   26         Section 4. Subsections (8) and (9) of section 1001.28,
   27  Florida Statutes, are amended to read:
   28         1001.28 Distance learning duties.—The duties of the
   29  Department of Education concerning distance learning include,
   30  but are not limited to, the duty to:
   31         (8) Manage the state’s satellite transponder resources and
   32  enter into lease agreements to maximize the use of available
   33  transponder time. All net revenue realized through the leasing
   34  of available transponder time, after deducting the costs of
   35  performing the management function, shall be recycled to support
   36  the public education distance learning in this state based upon
   37  an allocation formula of one-third to the Department of
   38  Education, one-third to Florida College System institutions, and
   39  one-third to state universities.
   40         (8)(9) Hire appropriate staff which may include a position
   41  that shall be exempt from part II of chapter 110 and is included
   42  in the Senior Management Service in accordance with s. 110.205.
   43  
   44  Nothing in this section shall be construed to abrogate,
   45  supersede, alter, or amend the powers and duties of any state
   46  agency, district school board, Florida College System
   47  institution board of trustees, university board of trustees, the
   48  Board of Governors, or the State Board of Education.
   49         Section 5. Subsection (2) of section 1001.281, Florida
   50  Statutes, is amended to read:
   51         1001.281 Operating Trust Fund.—
   52         (2) The fund is established for use as a depository for
   53  funds to be used for program operations funded by program
   54  revenues. Moneys to be credited to the trust fund include, but
   55  are not limited to, revenues received from the payment of fees
   56  associated with high school equivalency examinations leasing of
   57  available transponder time for the state’s satellite transponder
   58  resources.
   59         Section 6. Subsection (23) of section 1001.42, Florida
   60  Statutes, is amended to read:
   61         1001.42 Powers and duties of district school board.—The
   62  district school board, acting as a board, shall exercise all
   63  powers and perform all duties listed below:
   64         (23) FLORIDA VIRTUAL INSTRUCTION SCHOOL.—Provide students
   65  with access to courses available through a virtual instruction
   66  program option, including the Florida Virtual School and other
   67  approved providers, and award credit for successful completion
   68  of such courses. Access shall be available to students during
   69  and after the normal school day and through summer school
   70  enrollment.
   71         Section 7. Paragraph (b) of subsection (2) and subsections
   72  (7) and (10) of section 1002.3305, Florida Statutes, are amended
   73  to read:
   74         1002.3305 College-Preparatory Boarding Academy Pilot
   75  Program for at-risk students.—
   76         (2) DEFINITIONS.—As used in this section, the term:
   77         (b) “Eligible student” means a student who is a resident of
   78  the state and entitled to attend school in a participating
   79  school district, is at risk of academic failure, is currently
   80  enrolled in grade 5 or 6, is from a family whose gross income is
   81  at or below 200 percent of the federal poverty guidelines, is
   82  eligible for benefits or services funded by Temporary Assistance
   83  for Needy Families (TANF) or Title IV-E of the Social Security
   84  Act, and who meets at least one of the following additional risk
   85  factors:
   86         1. The child is in foster care or has been declared an
   87  adjudicated dependent by a court.
   88         2. The student’s head of household is not the student’s
   89  custodial parent.
   90         3. The student resides in a household that receives a
   91  housing voucher or has been determined eligible for public
   92  housing assistance.
   93         4. A member of the student’s immediate family has been
   94  incarcerated.
   95         5. The child is covered under the terms of the state’s
   96  Child Welfare Waiver Demonstration project with the United
   97  States Department of Health and Human Services.
   98         (7) FUNDING.—The college-preparatory boarding academy must
   99  be a public school and part of the state’s program of education.
  100  If The program may receive receives state and federal funding
  101  from noneducation sources, and such funds may be transferred
  102  between state agencies to provide for the operations of the
  103  program. The State Board of Education shall coordinate,
  104  streamline, and simplify any requirements to eliminate
  105  duplicate, redundant, or conflicting requirements and oversight
  106  by various governmental programs or agencies. Funding for the
  107  operation of the boarding academy is contingent on the
  108  development of a plan by the Department of Education, the
  109  Department of Juvenile Justice, and the Department of Children
  110  and Family Services which details how educational and
  111  noneducational funds that would otherwise be committed to the
  112  students in the school and their families can be repurposed to
  113  provide for the operation of the school and related services.
  114  Such plans must be based on federal and state funding streams
  115  for children and families meeting the eligibility criteria for
  116  eligible students as specified in paragraph (2)(b) and include
  117  recommendations for modifications to the criteria for eligible
  118  students which further the program’s goals or improve the
  119  feasibility of using existing funding sources. The plan shall be
  120  submitted, together with relevant budget requests, through the
  121  legislative budget request process under s. 216.023 or through
  122  requests for budget amendments to the Legislative Budget
  123  Commission in accordance with s. 216.181.
  124         (10) ADMISSION.—An eligible student may apply for admission
  125  to the program. If more eligible students apply for admission
  126  than the number of students permitted by the capacity
  127  established by the board of trustees, admission shall be
  128  determined by lottery. The college preparatory boarding academy
  129  may enter into an agreement with the Department of Children and
  130  Families to admit a designated number of students who are
  131  covered under the state’s Child Welfare Waiver Demonstration
  132  project and develop an alternative admissions process for these
  133  eligible students.
  134         Section 8. Paragraphs (a) and (d) of subsection (3),
  135  subsection (6), and paragraph (b) of subsection (8) of section
  136  1002.37, Florida Statutes, are amended to read:
  137         1002.37 The Florida Virtual School. —
  138         (3) Funding for the Florida Virtual School shall be
  139  provided as follows:
  140         (a)1. For a student in grades 9 through 12, a “full-time
  141  equivalent student” is one student who has successfully
  142  completed six full-credit courses that count toward the minimum
  143  number of credits required for high school graduation. A student
  144  who completes fewer than six full-credit courses is a fraction
  145  of a full-time equivalent student. Half-credit course
  146  completions shall be included in determining a full-time
  147  equivalent student. Credit completed by a student in excess of
  148  the minimum required for that student for high school graduation
  149  is not eligible for funding.
  150         2. For a student in kindergarten through grade 8, a “full
  151  time equivalent student” is one student who has successfully
  152  completed six courses or the prescribed level of content that
  153  counts toward promotion to the next grade. A student who
  154  completes fewer than six courses or the prescribed level of
  155  content shall be a fraction of a full-time equivalent student.
  156         3. For a student in a home education program, funding shall
  157  be provided in accordance with this subsection upon course
  158  completion if the parent verifies, upon enrollment for each
  159  course, that the student is registered with the school district
  160  as a home education student pursuant to s. 1002.41(1)(a).
  161  Beginning in the 2016-2017 2014-2015 fiscal year, when s.
  162  1008.22(3)(g) is implemented, the reported full-time equivalent
  163  students and associated funding of students enrolled in courses
  164  requiring passage of an end-of-course assessment under s.
  165  1003.4282 to earn a standard high school diploma shall be
  166  adjusted if after the student does not pass completes the end
  167  of-course assessment. However, no adjustment shall be made for
  168  home education program students who choose not to take an end
  169  of-course assessment or for a student who enrolls in a segmented
  170  remedial course delivered online.
  171  
  172  For purposes of this paragraph, the calculation of “full-time
  173  equivalent student” shall be as prescribed in s.
  174  1011.61(1)(c)1.b.(V) and is subject to the requirements in s.
  175  1011.61(4).
  176         (d) Full-time equivalent student credit completion for
  177  courses offered through the Florida Virtual School shall be
  178  reported only by the Florida Virtual School. School districts
  179  shall report full-time equivalent student membership only for
  180  courses for which the district provides the instruction. Courses
  181  delivered by the Florida Virtual School on a public school
  182  campus shall be reported only by the school district in which
  183  the student is enrolled.
  184         (6) The board of trustees shall annually submit to the
  185  Governor, the Legislature, the Commissioner of Education, and
  186  the State Board of Education a complete and detailed report
  187  setting forth:
  188         (a) The operations and accomplishments of the Florida
  189  Virtual School within the state and those occurring outside the
  190  state as Florida Virtual School Global.
  191         (b) The marketing and operational plan for the Florida
  192  Virtual School and Florida Virtual School Global, including
  193  recommendations regarding methods for improving the delivery of
  194  education through the Internet and other distance learning
  195  technology.
  196         (c) The assets and liabilities of the Florida Virtual
  197  School and Florida Virtual School Global at the end of the
  198  fiscal year.
  199         (d) A copy of an annual financial audit of the accounts and
  200  records of the Florida Virtual School and Florida Virtual School
  201  Global, conducted by an independent certified public accountant
  202  and performed in accordance with rules adopted by the Auditor
  203  General.
  204         (e) Recommendations regarding the unit cost of providing
  205  services to students through the Florida Virtual School and
  206  Florida Virtual School Global. In order to most effectively
  207  develop public policy regarding any future funding of the
  208  Florida Virtual School, it is imperative that the cost of the
  209  program is accurately identified. The identified cost of the
  210  program must be based on reliable data.
  211         (f) Recommendations regarding an accountability mechanism
  212  to assess the effectiveness of the services provided by the
  213  Florida Virtual School and Florida Virtual School Global.
  214         (8)
  215         (b) For students receiving part-time instruction in
  216  kindergarten through grade 5 and students receiving full-time
  217  instruction in kindergarten through grade 12 from the Florida
  218  Virtual School, the full-time equivalent student enrollment
  219  calculated under this subsection is subject to the requirements
  220  in s. 1011.61(4) combined total of all FTE reported by both the
  221  school district and the Florida Virtual School may not exceed
  222  1.0 FTE.
  223         Section 9. Paragraphs (b), (c), and (d) of subsection (1),
  224  paragraph (a) of subsection (2), and subsection (7) of section
  225  1002.45, Florida Statutes, are amended to read:
  226         1002.45 Virtual instruction programs.—
  227         (1) PROGRAM.—
  228         (b) Each school district that is eligible for the sparsity
  229  supplement pursuant to s. 1011.62(7)(a) and (b) shall provide
  230  all enrolled public school students within its boundaries the
  231  option of participating in part-time and full-time virtual
  232  instruction programs. Each school district that is not eligible
  233  for the sparsity supplement pursuant to s. 1011.62(7)(a) and (b)
  234  shall provide at least three options for part-time and full-time
  235  virtual instruction. All school districts must provide parents
  236  with timely written notification of at least one open enrollment
  237  period for full-time students of 90 days or more which ends 30
  238  days before the first day of the school year. The purpose of the
  239  program is to make quality virtual instruction available to
  240  students using online and distance learning technology in the
  241  nontraditional classroom. A school district virtual instruction
  242  program shall consist of the following:
  243         1. Full-time and part-time virtual instruction for students
  244  enrolled in kindergarten through grade 12.
  245         2. Part-time virtual instruction for students enrolled in
  246  kindergarten through grade 12 courses that are measured pursuant
  247  to subparagraph (8)(a)2.
  248         2.3. Full-time or part-time virtual instruction for
  249  students enrolled in dropout prevention and academic
  250  intervention programs under s. 1003.53, Department of Juvenile
  251  Justice education programs under s. 1003.52, core-curricula
  252  courses to meet class size requirements under s. 1003.03, or
  253  Florida College System institutions under this section.
  254         (c) To provide students with the option of participating in
  255  virtual instruction programs as required by paragraph (b), a
  256  school district may:
  257         1. Contract with the Florida Virtual School or establish a
  258  franchise of the Florida Virtual School for the provision of a
  259  program under paragraph (b). Using this option is subject to the
  260  requirements of this section and s. 1011.61(1)(c)1.b.(III) and
  261  (IV) and (4). A district may report full-time equivalent student
  262  membership for credit earned by a student who is enrolled in a
  263  virtual education course provided by the district which was
  264  completed after the end of the regular school year if the FTE is
  265  reported no later than the deadline for amending the final
  266  student membership report for that year 1011.61(1)(c)1.b.(III)
  267  and (IV).
  268         2. Contract with an approved provider under subsection (2)
  269  for the provision of a full-time or part-time program under
  270  paragraph (b) subparagraph (b)1. or subparagraph (b)3. or a
  271  part-time program under subparagraph (b)2. or subparagraph (b)3.
  272         3. Enter into an agreement with other school districts to
  273  allow the participation of its students in an approved virtual
  274  instruction program provided by the other school district. The
  275  agreement must indicate a process for the transfer of funds
  276  required by paragraph (7)(f).
  277         4. Establish school district operated part-time or full
  278  time kindergarten through grade 12 virtual instruction programs
  279  under paragraph (b) for students enrolled in the school
  280  district. A full-time program shall operate under its own Master
  281  School Identification Number.
  282         5. Enter into an agreement with a virtual charter school
  283  authorized by the school district under s. 1002.33.
  284  
  285  Contracts under subparagraph 1. or subparagraph 2. may include
  286  multidistrict contractual arrangements that may be executed by a
  287  regional consortium for its member districts. A multidistrict
  288  contractual arrangement or an agreement under subparagraph 3. is
  289  not subject to s. 1001.42(4)(d) and does not require the
  290  participating school districts to be contiguous. These
  291  arrangements may be used to fulfill the requirements of
  292  paragraph (b).
  293         (d) A virtual charter school may provide full-time virtual
  294  instruction for students in kindergarten through grade 12 if the
  295  virtual charter school has a charter approved pursuant to s.
  296  1002.33 authorizing full-time virtual instruction. A virtual
  297  charter school may:
  298         1. Contract with the Florida Virtual School.
  299         2. Contract with an approved provider under subsection (2).
  300         3. Enter into an agreement with a school district to allow
  301  the participation of the virtual charter school’s students in
  302  the school district’s virtual instruction program. The agreement
  303  must indicate a process for reporting of student enrollment and
  304  the transfer of funds required by paragraph (7)(f).
  305         (2) PROVIDER QUALIFICATIONS.—
  306         (a) The department shall annually publish online a list of
  307  providers approved to offer virtual instruction programs. To be
  308  approved by the department, a provider must document that it:
  309         1. Is nonsectarian in its programs, admission policies,
  310  employment practices, and operations;
  311         2. Complies with the antidiscrimination provisions of s.
  312  1000.05;
  313         3. Locates an administrative office or offices in this
  314  state, requires its administrative staff to be state residents,
  315  requires all instructional staff to be Florida-certified
  316  teachers under chapter 1012, and conducts background screenings
  317  for all employees or contracted personnel, as required by s.
  318  1012.32, using state and national criminal history records;
  319         4. Provides to parents and students specific information
  320  posted and accessible online that includes, but is not limited
  321  to, the following teacher-parent and teacher-student contact
  322  information for each course:
  323         a. How to contact the instructor via phone, e-mail, or
  324  online messaging tools.
  325         b. How to contact technical support via phone, e-mail, or
  326  online messaging tools.
  327         c. How to contact the administration office via phone, e
  328  mail, or online messaging tools.
  329         d. Any requirement for regular contact with the instructor
  330  for the course and clear expectations for meeting the
  331  requirement.
  332         e. The requirement that the instructor in each course must,
  333  at a minimum, conduct one contact via phone with the parent and
  334  the student each month.
  335         5.4. Possesses prior, successful experience offering online
  336  courses to elementary, middle, or high school students as
  337  demonstrated by quantified student learning gains in each
  338  subject area and grade level provided for consideration as an
  339  instructional program option. However, for a provider without
  340  sufficient prior, successful experience offering online courses,
  341  the department may conditionally approve the provider to offer
  342  courses measured pursuant to subparagraph (8)(a)2. Conditional
  343  approval shall be valid for 1 school year only and, based on the
  344  provider’s experience in offering the courses, the department
  345  shall determine whether to grant approval to offer a virtual
  346  instruction program;
  347         6.5. Is accredited by a regional accrediting association as
  348  defined by State Board of Education rule;
  349         7.6. Ensures instructional and curricular quality through a
  350  detailed curriculum and student performance accountability plan
  351  that addresses every subject and grade level it intends to
  352  provide through contract with the school district, including:
  353         a. Courses and programs that meet the standards of the
  354  International Association for K-12 Online Learning and the
  355  Southern Regional Education Board.
  356         b. Instructional content and services that align with, and
  357  measure student attainment of, student proficiency in the Next
  358  Generation Sunshine State Standards.
  359         c. Mechanisms that determine and ensure that a student has
  360  satisfied requirements for grade level promotion and high school
  361  graduation with a standard diploma, as appropriate;
  362         8.7. Publishes for the general public, in accordance with
  363  disclosure requirements adopted in rule by the State Board of
  364  Education, as part of its application as a provider and in all
  365  contracts negotiated pursuant to this section:
  366         a. Information and data about the curriculum of each full
  367  time and part-time program.
  368         b. School policies and procedures.
  369         c. Certification status and physical location of all
  370  administrative and instructional personnel.
  371         d. Hours and times of availability of instructional
  372  personnel.
  373         e. Student-teacher ratios.
  374         f. Student completion and promotion rates.
  375         g. Student, educator, and school performance accountability
  376  outcomes;
  377         9.8. If the provider is a Florida College System
  378  institution, employs instructors who meet the certification
  379  requirements for instructional staff under chapter 1012; and
  380         10.9. Performs an annual financial audit of its accounts
  381  and records conducted by an independent certified public
  382  accountant which is in accordance with rules adopted by the
  383  Auditor General, is conducted in compliance with generally
  384  accepted auditing standards, and includes a report on financial
  385  statements presented in accordance with generally accepted
  386  accounting principles.
  387         (7) VIRTUAL INSTRUCTION PROGRAM AND VIRTUAL CHARTER SCHOOL
  388  FUNDING.—
  389         (a) Students enrolled in a virtual instruction program or a
  390  virtual charter school shall be funded through the Florida
  391  Education Finance Program as provided in the General
  392  Appropriations Act. However, such funds may not be provided for
  393  the purpose of fulfilling the class size requirements in ss.
  394  1003.03 and 1011.685.
  395         (b) For purposes of a virtual instruction program or a
  396  virtual charter school, “full-time equivalent student” has the
  397  same meaning as provided in s. 1011.61(1)(c)1.b.(III) or (IV).
  398         (c) For a student enrolled in a kindergarten through grade
  399  12 virtual instruction program, a “full-time equivalent student”
  400  has the same meaning as provided in s. 1011.61(1)(c)1.b.(III)
  401  and (IV).
  402         (d) The full-time equivalent student membership calculated
  403  under this subsection is subject to the requirements in s.
  404  1011.61(4). A student may not be reported as more than 1.0 full
  405  time equivalent student in any given school year.
  406         (e) Beginning in the 2016-2017 2014-2015 fiscal year, when
  407  s. 1008.22(3)(g) is implemented, the reported full-time
  408  equivalent students and associated funding of students enrolled
  409  in courses requiring passage of an end-of-course assessment
  410  under s. 1003.4282 to earn a standard high school diploma shall
  411  be adjusted if after the student does not pass completes the
  412  end-of-course assessment. However, no adjustment shall be made
  413  for a student who enrolls in a segmented remedial course
  414  delivered online.
  415         (f) The school district providing virtual instruction shall
  416  report full-time equivalent students for a virtual instruction
  417  program or a virtual charter school to the department in a
  418  manner prescribed by the department, and funding shall be
  419  provided through the Florida Education Finance Program.
  420         (g) A Florida College System institution provider may not
  421  report students who are served in a virtual instruction program
  422  for funding under the Florida College System Program Fund.
  423         Section 10. Section 1003.498, Florida Statues, is amended
  424  to read:
  425         1003.498 School district virtual course offerings.—
  426         (1) School districts may deliver courses in the traditional
  427  school setting by personnel certified pursuant to s. 1012.55 who
  428  provide direct instruction through virtual instruction or
  429  through blended learning courses consisting of both traditional
  430  classroom and online instructional techniques. Students in a
  431  blended learning course must be full-time students of the school
  432  and receive the online instruction in a classroom setting at the
  433  school. The funding, performance, and accountability
  434  requirements for blended learning courses are the same as those
  435  for traditional courses. To facilitate the delivery and coding
  436  of blended learning courses, the department shall provide
  437  identifiers for existing courses to designate that they are
  438  being used for blended learning courses for the purpose of
  439  ensuring the efficient reporting of such courses. A district may
  440  report full-time equivalent student membership for credit earned
  441  by a student who is enrolled in a virtual education course
  442  provided by the district which is completed after the end of the
  443  regular school year if the FTE is reported no later than the
  444  deadline for amending the final student membership report for
  445  that year.
  446         (2) School districts may offer virtual courses for students
  447  enrolled in the school district. These courses must be
  448  identified in the course code directory. Students who meet the
  449  eligibility requirements of s. 1002.455 may participate in these
  450  virtual course offerings.
  451         (a) Any eligible student who is enrolled in a school
  452  district may register and enroll in an online course offered by
  453  his or her school district.
  454         (b)1. Any eligible student who is enrolled in a school
  455  district may register and enroll in an online course offered by
  456  any other school district in the state, except as limited by the
  457  following:
  458         1. A student may not enroll in a course offered through a
  459  virtual instruction program provided pursuant to s. 1002.45.
  460         2. A student may not enroll in a virtual course offered by
  461  another school district if:
  462         a. The course is offered online by the school district in
  463  which the student resides; or
  464         b. The course is offered in the school in which the student
  465  is enrolled. However, a student may enroll in an online course
  466  offered by another school district if the school in which the
  467  student is enrolled offers the course but the student is unable
  468  to schedule the course in his or her school.
  469         3. The school district in which the student completes the
  470  course shall report the student’s completion of that course for
  471  funding pursuant to s. 1011.61(1)(c)1.b.(VI), and the home
  472  school district shall not report the student for funding for
  473  that course.
  474         2. The full-time equivalent student membership calculated
  475  under this subsection is subject to the requirements in s.
  476  1011.61(4). For purposes of this paragraph, the combined total
  477  of all school district reported FTE may not be reported as more
  478  than 1.0 full-time equivalent student in any given school year.
  479  The Department of Education shall establish procedures to enable
  480  interdistrict coordination for the delivery and funding of this
  481  online option.
  482         (3) A school district may not require a public school
  483  student to take a course outside the school day that is in
  484  addition to the student’s courses for a given term or on school
  485  grounds.
  486         Section 11. Present subsection (4) of section 1006.29,
  487  Florida Statutes, is renumbered as subsection (5), and a new
  488  subsection (4) is added to that section, to read:
  489         1006.29 State instructional materials reviewers.—
  490         (4) By October 1, 2013, the department shall publish
  491  minimum and recommended technology requirements that include
  492  specifications for hardware, software, networking, security, and
  493  guidelines on the number of students per device necessary to
  494  ensure that students can access all electronic and digital
  495  instructional materials.
  496         Section 12. Paragraphs (b), (c), and (d) of subsection (1),
  497  subsection (2), paragraphs (b) and (c) of subsection (5), and
  498  subsection (6) of section 1006.73, Florida Statutes, are
  499  amended, and paragraph (i) is added to subsection (5) of that
  500  section, to read:
  501         1006.73 Florida Virtual Campus.—
  502         (1) The Florida Virtual Campus is established to provide
  503  access to online student and library support services and to
  504  serve as a statewide resource and clearinghouse for public
  505  postsecondary education distance learning courses and degree
  506  programs. The primary purposes of the Florida Virtual Campus are
  507  to:
  508         (b) Provide information and Enhance and expand educational
  509  access to distance learning courses and degree programs offered
  510  by the state’s and increase public postsecondary education
  511  institutions degree attainment across the state.
  512         (c) Coordinate with the Florida College System and the
  513  State University System to identify and provide online academic
  514  support services and resources when the multi-institutional
  515  provision of such services and resources is more cost or
  516  operationally effective. Address the educational needs of
  517  traditional students, place-bound students, time-bound students,
  518  and adult learners.
  519         (d) Increase workforce skills and expand professional
  520  development opportunities.
  521         (2) The chancellors of the Florida College System and the
  522  State University System shall exercise joint oversight of the
  523  Florida Virtual Campus and shall establish its governance and
  524  reporting structure, administrative and operational guidelines
  525  and processes, staffing requirements, and operational budget.
  526  Effective January 31, 2014, all data center services needed by
  527  the Florida Virtual Campus shall be provided by the Northwest
  528  Regional Data Center a primary data center established pursuant
  529  to s. ss. 282.201 and 1004.649. The chancellors may delegate the
  530  authority and responsibility granted in this subsection.
  531         (a) In carrying out the purposes of this section:
  532         1. The campus is not an “agency” as defined in s. 20.03(11)
  533  and is not subject to chapter 287.
  534         2. The campus shall be deemed to be acting as an
  535  instrumentality of the state for purposes of sovereign immunity
  536  pursuant to s. 768.28(2).
  537         3. All records of the campus are public records unless made
  538  confidential or exempt from law.
  539         (b) The campus shall maintain an unencumbered balance of
  540  not less than 5 percent of its approved operating budget.
  541         (c) The campus may secure comprehensive general liability
  542  coverage, professional liability coverage, property and casualty
  543  coverage, and any other insurance coverage deemed appropriate by
  544  the chancellors.
  545         (d) The campus may contract for administrative services
  546  with a public postsecondary education institution. The
  547  administrative overhead costs charged by the institution may not
  548  exceed the actual cost of providing the services and shall
  549  require a specific appropriation in the General Appropriations
  550  Act.
  551         (5) The Florida Virtual Campus shall:
  552         (b) Develop and manage a statewide Internet-based catalog
  553  of distance learning courses, degree programs, and resources
  554  offered by public postsecondary education institutions which is
  555  intended to assist in the coordination and collaboration of
  556  articulation and access pursuant to parts II and III of chapter
  557  1007. The campus shall establish operational guidelines and
  558  procedures for the catalog which must:
  559         1. Require participating institutions to provide
  560  information concerning the distance learning course or degree
  561  program to include course number and classification of
  562  instructional programs number and information on the
  563  availability of the course or degree program; the type of
  564  required technology; any prerequisite course or technology
  565  competency or skill; the availability of academic support
  566  services and financial aid resources; and course costs, fees,
  567  and payment policies.
  568         2. Require that distance learning courses and degree
  569  programs meet applicable accreditation standards and criteria.
  570         3. Require that, at a minimum, the catalog is reviewed at
  571  the start of each academic semester to ensure that distance
  572  learning courses and degree programs comply with all operational
  573  guidelines and procedures.
  574         4. Define and describe the catalog’s search and retrieval
  575  options that, at a minimum, will allow users to search by
  576  academic term or course start date; institution, multiple
  577  institutions, or all institutions; and course or program
  578  delivery method, course type, course availability, subject or
  579  discipline, and course number or classification of instructional
  580  programs number.
  581         5.4. Use an Internet-based analytic tool that allows for
  582  the collection and analysis of data, including, but not limited
  583  to:
  584         a. The number and type of students who use the catalog to
  585  search for distance learning courses and degree programs.
  586         b. The number and type of requests for information on
  587  distance learning courses and degree programs that are not
  588  listed in the catalog.
  589         c. A summary of specific requests by course type or course
  590  number, delivery method, offering institution, and semester.
  591         6.5. Periodically obtain and analyze data from the Florida
  592  College System and the State University System concerning:
  593         a. Costs of distance learning courses and degree programs.
  594         b. Completion, graduation, and retention rates of students
  595  enrolled in distance learning course and degree programs.
  596         c. Distance learning course completion.
  597         (c) Implement a streamlined, automated, online admissions
  598  application process for undergraduate transient students who are
  599  currently enrolled and pursuing a degree at a public
  600  postsecondary education institution and who enroll in a course
  601  offered by a public postsecondary education institution that is
  602  not the student’s degree-granting institution. The Florida
  603  Virtual Campus shall work with the Florida College System and
  604  the State University System to implement this process which
  605  requires all Florida College System institutions and state
  606  universities to:
  607         1. Use the transient student admissions application
  608  available through the statewide computer-assisted student
  609  advising system established pursuant to paragraph (d). This
  610  admissions application is the only application required for the
  611  enrollment of a transient student as described in this
  612  paragraph.
  613         2. Implement the financial aid procedures required by the
  614  transient student admissions application process.
  615         3. Transfer credit awarded by the institutions offering the
  616  course to the transient student’s degree-granting institution.
  617         4. By December 1, 2012, Provide for an interface between
  618  the institutional advising system and the statewide computer
  619  assisted student advising system established pursuant to
  620  paragraph (d) in order to electronically send, receive, and
  621  process the transient student admissions application.
  622         (i) In consultation with the public postsecondary education
  623  institutions, develop and implement a plan that describes the
  624  services and resources available at the Florida Virtual Campus
  625  to encourage current and prospective students’ use of such
  626  services and resources.
  627         (6) Beginning September 30, 2013, and annually thereafter,
  628  the chancellors of the Florida College System and the State
  629  University System shall jointly publish a report regarding the
  630  activities of the Florida Virtual Campus in the prior fiscal
  631  year. The report shall include, but not be limited to,
  632  information related to the provision of library services and
  633  electronic resources, to include those resources licensed
  634  pursuant to s. 1006.72; distance learning resources; the
  635  computer-assisted student advising system; the transient student
  636  online admissions process; and other provided programs,
  637  activities, and services.
  638         Section 13. Subsections (2) and (4) and paragraph (n) of
  639  subsection (21) of section 1007.271, Florida Statutes, are
  640  amended to read:
  641         1007.271 Dual enrollment programs.—
  642         (2) For the purpose of this section, an eligible secondary
  643  student is a student who is enrolled in a Florida public
  644  secondary school or in a Florida private secondary school which
  645  is in compliance with s. 1002.42(2) and provides a secondary
  646  curriculum pursuant to s. 1003.428, s. 1003.429, or s. 1003.43.
  647  Students who are eligible for dual enrollment pursuant to this
  648  section may enroll in dual enrollment courses conducted during
  649  school hours, after school hours, and during the summer term.
  650  However, if the student is projected to graduate from high
  651  school before the scheduled completion date of a postsecondary
  652  course, the student may not register for that course through
  653  dual enrollment. The student may apply to the postsecondary
  654  institution and pay the required registration, tuition, and fees
  655  if the student meets the postsecondary institution’s admissions
  656  requirements under s. 1007.263. Instructional time for dual
  657  enrollment may vary from 900 hours; however, the full-time
  658  equivalent student membership value shall be subject to the
  659  provisions in school district may only report the student for a
  660  maximum of 1.0 FTE, as provided in s. 1011.61(4). Any student
  661  enrolled as a dual enrollment student is exempt from the payment
  662  of registration, tuition, and laboratory fees. Vocational
  663  preparatory instruction, college-preparatory instruction, and
  664  other forms of precollegiate instruction, as well as physical
  665  education courses that focus on the physical execution of a
  666  skill rather than the intellectual attributes of the activity,
  667  are ineligible for inclusion in the dual enrollment program.
  668  Recreation and leisure studies courses shall be evaluated
  669  individually in the same manner as physical education courses
  670  for potential inclusion in the program.
  671         (4) District school boards may not refuse to enter into a
  672  dual enrollment articulation agreement with a local Florida
  673  College System institution if that Florida College System
  674  institution has the capacity to offer dual enrollment courses. A
  675  Florida College System institution may limit dual enrollment
  676  participation based upon capacity. Such limitation must be
  677  clearly specified in the dual enrollment articulation agreement.
  678         (21) Each district school superintendent and Florida
  679  College System institution president shall develop a
  680  comprehensive dual enrollment articulation agreement for the
  681  respective school district and Florida College System
  682  institution. The superintendent and president shall establish an
  683  articulation committee for the purpose of developing the
  684  agreement. Each state university president may designate a
  685  university representative to participate in the development of a
  686  dual enrollment articulation agreement. A dual enrollment
  687  articulation agreement shall be completed and submitted annually
  688  by the Florida College System institution to the Department of
  689  Education on or before August 1. The agreement must include, but
  690  is not limited to:
  691         (n) A funding provision that delineates costs incurred by
  692  each entity. School districts shall pay the standard tuition
  693  rate per credit hour from funds provided in the Florida
  694  Education Finance Program to the institution providing
  695  instruction when such instruction takes place on the
  696  postsecondary campus should share funding to cover instructional
  697  and support costs incurred by the postsecondary institution.
  698  When dual enrollment is provided on the high school site by
  699  postsecondary institution faculty, the school district shall
  700  reimburse the costs associated with the proportion of salary and
  701  benefits and other actual costs of the postsecondary institution
  702  to provide the instruction. When dual enrollment is provided on
  703  the high school site by school district faculty, the school
  704  district shall be responsible only for the postsecondary
  705  institution’s actual costs associated with offering the program.
  706  A postsecondary institution may enter into an agreement with the
  707  school district to authorize teachers who teach dual enrollment
  708  courses at the high school site or the postsecondary
  709  institution. A school district may not deny a student access to
  710  dual enrollment unless the student is ineligible to participate
  711  in the program subject to provisions specifically outlined in
  712  this section.
  713         Section 14. Paragraph (e) of subsection (16) of section
  714  1009.24, Florida Statutes, is amended to read:
  715         1009.24 State university student fees.—
  716         (16) Each university board of trustees may establish a
  717  tuition differential for undergraduate courses upon receipt of
  718  approval from the Board of Governors. The tuition differential
  719  shall promote improvements in the quality of undergraduate
  720  education and shall provide financial aid to undergraduate
  721  students who exhibit financial need.
  722         (e) The Board of Governors shall submit a report to the
  723  President of the Senate, the Speaker of the House of
  724  Representatives, and the Governor describing the implementation
  725  of the provisions of this subsection no later than February 1 of
  726  January 1, 2010, and no later than January 1 each year
  727  thereafter. The report shall summarize proposals received by the
  728  board during the preceding fiscal year and actions taken by the
  729  board in response to such proposals. In addition, the report
  730  shall provide the following information for each university that
  731  has been approved by the board to assess a tuition differential:
  732         1. The course or courses for which the tuition differential
  733  was assessed and the amount assessed.
  734         2. The total revenues generated by the tuition
  735  differential.
  736         3. With respect to waivers authorized under subparagraph
  737  (b)8., the number of students eligible for a waiver, the number
  738  of students receiving a waiver, and the value of waivers
  739  provided.
  740         4. Detailed expenditures of the revenues generated by the
  741  tuition differential.
  742         5. Changes in retention rates, graduation rates, the
  743  percentage of students graduating with more than 110 percent of
  744  the hours required for graduation, pass rates on licensure
  745  examinations, the number of undergraduate course offerings, the
  746  percentage of undergraduate students who are taught by faculty,
  747  student-faculty ratios, and the average salaries of faculty who
  748  teach undergraduate courses.
  749         Section 15. Section 1010.79, Florida Statutes, is repealed.
  750         Section 16. (1) The Sophomore Level Test Trust Fund, FLAIR
  751  number 48-2-646, within the Department of Education is
  752  terminated.
  753         (2) All current balances remaining in, and all revenues of,
  754  the trust fund shall be transferred to the General Revenue Fund.
  755         (3) The Department of Education shall pay any outstanding
  756  debts or obligations of the terminated trust fund as soon as
  757  practicable, and the Chief Financial Officer shall close out and
  758  remove the terminated trust fund from the various state
  759  accounting systems using generally accepted accounting
  760  principles concerning warrants outstanding, assets, and
  761  liabilities.
  762         Section 17. Section 1010.81, Florida Statutes, is amended
  763  to read:
  764         1010.81 Education Knott Data Center Working Capital Trust
  765  Fund.—Chapter 99-29, Laws of Florida, re-created The Education
  766  Knott Data Center Working Capital Trust Fund shall be
  767  administered by the Department of Education as a depository for
  768  funds received to record the revenue from fees paid for services
  769  provided by the department’s technology office, interest
  770  earnings, and cash advances from customer entities. Moneys
  771  deposited in the trust fund shall be used to fund the services
  772  provided by the department’s technology office Department of
  773  Education’s data center and disbursements to pay the costs of
  774  operating the data center as authorized in s. 216.272.
  775         Section 18. Paragraph (c) of subsection (1) and subsection
  776  (4) of section 1011.61, Florida Statutes, are amended to read:
  777         1011.61 Definitions.—Notwithstanding the provisions of s.
  778  1000.21, the following terms are defined as follows for the
  779  purposes of the Florida Education Finance Program:
  780         (1) A “full-time equivalent student” in each program of the
  781  district is defined in terms of full-time students and part-time
  782  students as follows:
  783         (c)1. A “full-time equivalent student” is:
  784         a. A full-time student in any one of the programs listed in
  785  s. 1011.62(1)(c); or
  786         b. A combination of full-time or part-time students in any
  787  one of the programs listed in s. 1011.62(1)(c) which is the
  788  equivalent of one full-time student based on the following
  789  calculations:
  790         (I) A full-time student in a combination of programs listed
  791  in s. 1011.62(1)(c) shall be a fraction of a full-time
  792  equivalent membership in each special program equal to the
  793  number of net hours per school year for which he or she is a
  794  member, divided by the appropriate number of hours set forth in
  795  subparagraph (a)1. or subparagraph (a)2. The difference between
  796  that fraction or sum of fractions and the maximum value as set
  797  forth in subsection (4) for each full-time student is presumed
  798  to be the balance of the student’s time not spent in a special
  799  program and shall be recorded as time in the appropriate basic
  800  program. The sum of the fractions for each program may not
  801  exceed the maximum value set forth in subsection (4).
  802         (II) A prekindergarten student with a disability shall meet
  803  the requirements specified for kindergarten students.
  804         (III) A full-time equivalent student for students in
  805  kindergarten through grade 12 in a full-time virtual instruction
  806  program under s. 1002.45 or a virtual charter school under s.
  807  1002.33 shall consist of six full-credit completions or the
  808  prescribed level of content that counts toward promotion to the
  809  next grade in programs listed in s. 1011.62(1)(c). Credit
  810  completions may be a combination of full-credit courses or half
  811  credit courses. Beginning in the 2016-2017 2014-2015 fiscal
  812  year, when s. 1008.22(3)(g) is implemented, the reported full
  813  time equivalent students and associated funding of students
  814  enrolled in courses requiring passage of an end-of-course
  815  assessment under s. 1003.4282 to earn a standard high school
  816  diploma shall be adjusted if after the student does not pass
  817  completes the end-of-course assessment. However, no adjustment
  818  shall be made for a student who enrolls in a segmented remedial
  819  course delivered online.
  820         (IV) A full-time equivalent student for students in
  821  kindergarten through grade 12 in a part-time virtual instruction
  822  program under s. 1002.45 shall consist of six full-credit
  823  completions in programs listed in s. 1011.62(1)(c)1. and 3.
  824  Credit completions may be a combination of full-credit courses
  825  or half-credit courses. Beginning in the 2016-2017 2014-2015
  826  fiscal year, when s. 1008.22(3)(g) is implemented, the reported
  827  full-time equivalent students and associated funding of students
  828  enrolled in courses requiring passage of an end-of-course
  829  assessment under s. 1003.4282 to earn a standard high school
  830  diploma shall be adjusted if after the student does not pass
  831  completes the end-of-course assessment. However, no adjustment
  832  shall be made for a student who enrolls in a segmented remedial
  833  course delivered online.
  834         (V) A Florida Virtual School full-time equivalent student
  835  shall consist of six full-credit completions or the prescribed
  836  level of content that counts toward promotion to the next grade
  837  in the programs listed in s. 1011.62(1)(c)1. and 3. for students
  838  participating in kindergarten through grade 12 part-time virtual
  839  instruction and the programs listed in s. 1011.62(1)(c) for
  840  students participating in kindergarten through grade 12 full
  841  time virtual instruction. Credit completions may be a
  842  combination of full-credit courses or half-credit courses.
  843  Beginning in the 2016-2017 2014-2015 fiscal year, when s.
  844  1008.22(3)(g) is implemented, the reported full-time equivalent
  845  students and associated funding of students enrolled in courses
  846  requiring passage of an end-of-course assessment under s.
  847  1003.4282 to earn a standard high school diploma shall be
  848  adjusted if after the student does not pass completes the end
  849  of-course assessment. However, no adjustment shall be made for a
  850  student who enrolls in a segmented remedial course delivered
  851  online.
  852         (VI) Each successfully completed full-credit course earned
  853  through an online course delivered by a district other than the
  854  one in which the student resides shall be calculated as 1/6 FTE.
  855         (VII) Each successfully completed credit earned under the
  856  alternative high school course credit requirements authorized in
  857  s. 1002.375, which is not reported as a portion of the 900 net
  858  hours of instruction pursuant to subparagraph (1)(a)1., shall be
  859  calculated as 1/6 FTE.
  860         (VII)(VIII)(A) A full-time equivalent student for courses
  861  requiring passage of a statewide, standardized end-of-course
  862  assessment under s. 1003.4282 to earn a standard high school
  863  diploma pursuant to s. 1008.22(3)(c)2.a. shall be defined and
  864  reported based on the number of instructional hours as provided
  865  in this subsection until the 2016-2017 fiscal year for the first
  866  3 years of administering the end-of-course assessment. Beginning
  867  in the 2016-2017 fiscal year fourth year of administering the
  868  end-of-course assessment, the FTE for the course shall be
  869  assessment-based credit-based and each course shall be equal to
  870  1/6 FTE. The reported FTE shall be adjusted if after the student
  871  does not pass successfully completes the end-of-course
  872  assessment pursuant to s. 1008.22(3)(c)2.a. However, no
  873  adjustment shall be made for a student who enrolls in a
  874  segmented remedial course delivered online.
  875         (VIII)(B) For students enrolled in a school district as a
  876  full-time student, the district may report 1/6 FTE for each
  877  student who passes a statewide, standardized end-of-course
  878  assessment without being enrolled in the corresponding course.
  879         (C) The FTE earned under this sub-sub-subparagraph and any
  880  FTE for courses or programs listed in s. 1011.62(1)(c) that do
  881  not require passing a statewide, standardized end-of-course
  882  assessment are subject to the requirements in subsection (4).
  883         2. A student in membership in a program scheduled for more
  884  or less than 180 school days or the equivalent on an hourly
  885  basis as specified by rules of the State Board of Education is a
  886  fraction of a full-time equivalent membership equal to the
  887  number of instructional hours in membership divided by the
  888  appropriate number of hours set forth in subparagraph (a)1.;
  889  however, for the purposes of this subparagraph, membership in
  890  programs scheduled for more than 180 days is limited to students
  891  enrolled in:
  892         a. Juvenile justice education programs.
  893         b.and The Florida Virtual School.
  894         c. Virtual instruction programs and virtual charter schools
  895  for the purpose of course completion and credit recovery
  896  pursuant to ss. 1002.45 and 1003.498. Course completion applies
  897  only to a student who is reported during the second or third
  898  membership surveys and who does not complete a virtual education
  899  course by the end of the regular school year. The course must be
  900  completed no later than the deadline for amending the final
  901  student enrollment survey for that year. Credit recovery applies
  902  only to a student who has unsuccessfully completed a traditional
  903  or virtual education course during the regular school year and
  904  must re-take the course in order to be eligible to graduate with
  905  the student’s class.
  906         3. The department shall determine and implement an
  907  equitable method of equivalent funding for experimental schools
  908  and for schools operating under emergency conditions, which
  909  schools have been approved by the department to operate for less
  910  than the minimum school day.
  911  
  912  The full-time equivalent student enrollment calculated under
  913  this subsection is subject to the requirements in subsection
  914  (4).
  915         (4) The maximum value for funding a student in kindergarten
  916  through grade 12 or in a prekindergarten program for exceptional
  917  children as provided in s. 1003.21(1)(e) shall be the sum of the
  918  calculations in paragraphs (a), (b), and (c) as calculated by
  919  the department is one full-time equivalent student membership
  920  for a school year or equivalent.
  921         (a) The sum of the student’s full-time equivalent student
  922  membership value for the school year or the equivalent derived
  923  from paragraphs (1)(a) and (b), subparagraph (1)(c)1., sub
  924  subparagraphs (1)(c)2.b. and c., subparagraph (1)(c)3., and
  925  subsection (2). If the sum is greater than 1.0, the full-time
  926  equivalent student membership value for each program or course
  927  shall be reduced by an equal proportion so that the student’s
  928  total full-time equivalent student membership value is equal to
  929  1.0.
  930         (b) If the result in paragraph (a) is less than 1.0 full
  931  time equivalent student and the student has full-time equivalent
  932  student enrollment pursuant to sub-sub-subparagraph
  933  (1)(c)1.b.(VIII), calculate an amount that is the lesser of the
  934  value in sub-sub-subparagraph (1)(c)1.b.(VIII) or the value of
  935  1.0 less the value in paragraph (a).
  936         (c) The full-time equivalent student enrollment value in
  937  sub-subparagraph (1)(c)2.a.
  938         Section 19. Paragraphs (f) and (i) of subsection (1) and
  939  paragraph (a) of subsection (9) of section 1011.62, Florida
  940  Statutes, are amended to read:
  941         1011.62 Funds for operation of schools.—If the annual
  942  allocation from the Florida Education Finance Program to each
  943  district for operation of schools is not determined in the
  944  annual appropriations act or the substantive bill implementing
  945  the annual appropriations act, it shall be determined as
  946  follows:
  947         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
  948  OPERATION.—The following procedure shall be followed in
  949  determining the annual allocation to each district for
  950  operation:
  951         (f) Supplemental academic instruction; categorical fund.—
  952         1. There is created a categorical fund to provide
  953  supplemental academic instruction to students in kindergarten
  954  through grade 12. This paragraph may be cited as the
  955  “Supplemental Academic Instruction Categorical Fund.”
  956         2. Categorical funds for supplemental academic instruction
  957  shall be allocated annually to each school district in the
  958  amount provided in the General Appropriations Act. These funds
  959  shall be in addition to the funds appropriated on the basis of
  960  FTE student membership in the Florida Education Finance Program
  961  and shall be included in the total potential funds of each
  962  district. These funds shall be used to provide supplemental
  963  academic instruction to students enrolled in the K-12 program.
  964  For the 2012-2013, and 2013-2014, and 2014-2015 fiscal years,
  965  each school district that has one or more of the 100 lowest
  966  performing elementary schools based on the state reading
  967  assessment shall use these funds, together with the funds
  968  provided in the district’s research-based reading instruction
  969  allocation and other available funds, to provide an additional
  970  hour of instruction beyond the normal school day for each day of
  971  the entire school year for intensive reading instruction for the
  972  students in each of these schools. This additional hour of
  973  instruction must be provided only by teachers or reading
  974  specialists who are effective in teaching reading. Students
  975  enrolled in these schools who have level 5 assessment scores may
  976  participate in the additional hour of instruction on an optional
  977  basis. Exceptional student education centers shall not be
  978  included in the 100 schools. After this requirement has been
  979  met, supplemental instruction strategies may include, but are
  980  not limited to: modified curriculum, reading instruction, after
  981  school instruction, tutoring, mentoring, class size reduction,
  982  extended school year, intensive skills development in summer
  983  school, and other methods for improving student achievement.
  984  Supplemental instruction may be provided to a student in any
  985  manner and at any time during or beyond the regular 180-day term
  986  identified by the school as being the most effective and
  987  efficient way to best help that student progress from grade to
  988  grade and to graduate.
  989         3. Effective with the 1999-2000 fiscal year, funding on the
  990  basis of FTE membership beyond the 180-day regular term shall be
  991  provided in the FEFP only for students enrolled in juvenile
  992  justice education programs or in education programs for
  993  juveniles placed in secure facilities or programs under s.
  994  985.19. Funding for instruction beyond the regular 180-day
  995  school year for all other K-12 students shall be provided
  996  through the supplemental academic instruction categorical fund
  997  and other state, federal, and local fund sources with ample
  998  flexibility for schools to provide supplemental instruction to
  999  assist students in progressing from grade to grade and
 1000  graduating.
 1001         4. The Florida State University School, as a lab school, is
 1002  authorized to expend from its FEFP or Lottery Enhancement Trust
 1003  Fund allocation the cost to the student of remediation in
 1004  reading, writing, or mathematics for any graduate who requires
 1005  remediation at a postsecondary educational institution.
 1006         5. Beginning in the 1999-2000 school year, dropout
 1007  prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
 1008  (b), and (c), and 1003.54 shall be included in group 1 programs
 1009  under subparagraph (d)3.
 1010         (i) Calculation of full-time equivalent membership with
 1011  respect to dual enrollment instruction.—Students enrolled in
 1012  dual enrollment instruction pursuant to s. 1007.271 may be
 1013  included in calculations of full-time equivalent student
 1014  memberships for basic programs for grades 9 through 12 by a
 1015  district school board. Instructional time for dual enrollment
 1016  may vary from 900 hours; however, the full-time equivalent
 1017  student membership value shall be subject to the provisions in
 1018  school district may only report the student for a maximum of 1.0
 1019  full-time equivalent student membership, as provided in s.
 1020  1011.61(4). Dual enrollment full-time equivalent student
 1021  membership shall be calculated in an amount equal to the hours
 1022  of instruction that would be necessary to earn the full-time
 1023  equivalent student membership for an equivalent course if it
 1024  were taught in the school district. Students in dual enrollment
 1025  courses may also be calculated as the proportional shares of
 1026  full-time equivalent enrollments they generate for a Florida
 1027  College System institution or university conducting the dual
 1028  enrollment instruction. Early admission students shall be
 1029  considered dual enrollments for funding purposes. Students may
 1030  be enrolled in dual enrollment instruction provided by an
 1031  eligible independent college or university and may be included
 1032  in calculations of full-time equivalent student memberships for
 1033  basic programs for grades 9 through 12 by a district school
 1034  board. However, those provisions of law which exempt dual
 1035  enrolled and early admission students from payment of
 1036  instructional materials and tuition and fees, including
 1037  laboratory fees, shall not apply to students who select the
 1038  option of enrolling in an eligible independent institution. An
 1039  independent college or university which is located and chartered
 1040  in Florida, is not for profit, is accredited by the Commission
 1041  on Colleges of the Southern Association of Colleges and Schools
 1042  or the Accrediting Council for Independent Colleges and Schools,
 1043  and confers degrees as defined in s. 1005.02 shall be eligible
 1044  for inclusion in the dual enrollment or early admission program.
 1045  Students enrolled in dual enrollment instruction shall be exempt
 1046  from the payment of tuition and fees, including laboratory fees.
 1047  No student enrolled in college credit mathematics or English
 1048  dual enrollment instruction shall be funded as a dual enrollment
 1049  unless the student has successfully completed the relevant
 1050  section of the entry-level examination required pursuant to s.
 1051  1008.30.
 1052         (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.—
 1053         (a) The research-based reading instruction allocation is
 1054  created to provide comprehensive reading instruction to students
 1055  in kindergarten through grade 12. For the 2012-2013, and 2013
 1056  2014, and 2014-2015 fiscal years, in each school district that
 1057  has one or more of the 100 lowest-performing elementary schools
 1058  based on the state reading assessment, priority shall be given
 1059  to providing an additional hour per day of intensive reading
 1060  instruction beyond the normal school day for each day of the
 1061  entire school year for the students in each school. Students
 1062  enrolled in these schools who have level 5 assessment scores may
 1063  participate in the additional hour of instruction on an optional
 1064  basis. Exceptional student education centers shall not be
 1065  included in the 100 schools. The intensive reading instruction
 1066  delivered in this additional hour and for other students shall
 1067  include: research-based reading instruction that has been proven
 1068  to accelerate progress of students exhibiting a reading
 1069  deficiency; differentiated instruction based on student
 1070  assessment data to meet students’ specific reading needs;
 1071  explicit and systematic reading development in phonemic
 1072  awareness, phonics, fluency, vocabulary, and comprehension, with
 1073  more extensive opportunities for guided practice, error
 1074  correction, and feedback; and the integration of social studies,
 1075  science, and mathematics-text reading, text discussion, and
 1076  writing in response to reading. For the 2012-2013 and 2013-2014
 1077  fiscal years, a school district may not hire more reading
 1078  coaches than were hired during the 2011-2012 fiscal year unless
 1079  all students in kindergarten through grade 5 who demonstrate a
 1080  reading deficiency, as determined by district and state
 1081  assessments, including students scoring Level 1 or Level 2 on
 1082  FCAT Reading, are provided an additional hour per day of
 1083  intensive reading instruction beyond the normal school day for
 1084  each day of the entire school year.
 1085         Section 20. Section 1011.622, Florida Statutes, is created
 1086  to read:
 1087         1011.622Adjustments for students without a common student
 1088  identifier.—The Florida Education Finance Program funding
 1089  calculations, including the calculations authorized in ss.
 1090  1011.62, 1011.67, 1011.68, and 1011.685, shall include funding
 1091  for a student only when all of the student’s records are
 1092  reported to the Department of Education under a common student
 1093  identifier. The State Board of Education may adopt rules
 1094  pursuant to ss. 120.536(1) and 120.54, to implement this
 1095  section.
 1096         Section 21. Subsection (4) of section 1012.885, Florida
 1097  Statutes, is amended to read:
 1098         1012.885 Remuneration of Florida College System institution
 1099  presidents; limitations.—
 1100         (4) LIMITATION ON REMUNERATION.—Notwithstanding the
 1101  provisions of this section, for the 2012-2013 fiscal year, a
 1102  Florida College System institution president may not receive
 1103  more than $200,000 in remuneration from appropriated state
 1104  funds. Only compensation, as defined in s. 121.021(22), provided
 1105  to a Florida College System institution president may be used in
 1106  calculating benefits under chapter 121.
 1107         Section 22. Effective upon this act becoming a law,
 1108  subsection (4) of section 1012.886, Florida Statutes, is amended
 1109  to read:
 1110         1012.886 Remuneration of Florida College System institution
 1111  administrative employees; limitations.—
 1112         (4) EXPIRATION.—This section expires June 30, 2013.
 1113         Section 23. Subsection (4) of section 1012.975, Florida
 1114  Statutes, is amended to read:
 1115         1012.975 Remuneration of state university presidents;
 1116  limitations.—
 1117         (4) LIMITATION ON REMUNERATION.—Notwithstanding the
 1118  provisions of this section, for the 2012-2013 fiscal year, a
 1119  state university president may not receive more than $200,000 in
 1120  remuneration from public funds. Only compensation, as defined in
 1121  s. 121.021(22), provided to a state university president may be
 1122  used in calculating benefits under chapter 121.
 1123         Section 24. Effective upon this act becoming a law,
 1124  subsection (4) of section 1012.976, Florida Statutes, is amended
 1125  to read:
 1126         1012.976 Remuneration of state university administrative
 1127  employees; limitations.—
 1128         (4) EXPIRATION.—This section expires June 30, 2013.
 1129         Section 25. Notwithstanding the required review by the
 1130  Legislative Budget Commission pursuant to s. 1003.03(4)(c),
 1131  Florida Statutes, for the 2012-2013 fiscal year, the alternate
 1132  compliance calculation amounts to the class size operating
 1133  categorical fund authorized by s. 1003.03(4)(c), Florida
 1134  Statutes, shall be the reduction calculation required by s.
 1135  1003.03(4), Florida Statutes. The Commissioner of Education
 1136  shall modify payments to districts as required by s. 1003.03(4),
 1137  Florida Statutes, for the 2012-2013 fiscal year. This section
 1138  shall take effect upon this act becoming a law.
 1139         Section 26. Notwithstanding the distribution provisions in
 1140  the salary increase portion of the proviso following Specific
 1141  Appropriation 87 contained in Senate Bill 1500, enacted during
 1142  the 2013 regular session of the Florida Legislature, a district
 1143  school board or charter school board may distribute salary
 1144  increases at any time before June 2014, in conformance with
 1145  requirements of the proviso or board-approved evaluation plan,
 1146  and as negotiated with collective bargaining units and
 1147  educators, as appropriate.
 1148         Section 27. Notwithstanding, subsections (10), (11), (12)
 1149  and (13) of s. 1013.30, Florida Statutes, and subsection (4) of
 1150  s. 1013.51, Florida Statutes, for the 2013-2014 fiscal year, a
 1151  state university may enter into a local development agreement
 1152  with an affected host local government, to identify specific
 1153  projects in the university’s campus master plan to be
 1154  constructed by the university, for purposes of negotiating
 1155  mitigation of the impact of such projects on the host local
 1156  government.
 1157         Section 28. In order to implement Specific Appropriation
 1158  142 of the 2013-2014 General Appropriations Act and
 1159  notwithstanding any other law, for the 2013-2014 and 2014-2015
 1160  fiscal years only, a university board of trustees may expend
 1161  reserve or carryforward balances from previous years’
 1162  operational and programmatic appropriations for deferred
 1163  maintenance needs at the Donald L. Tucker Civic Center.
 1164         Section 29. Notwithstanding the school district allocations
 1165  for Technology Transformation Grants for Rural School Districts
 1166  provided in Specific Appropriation 102A contained in Senate Bill
 1167  1500 enacted during the 2013 Regular Session of the Florida
 1168  Legislature, allocations for this purpose shall be recalculated
 1169  by the Commissioner of Education and replicated by the
 1170  principals of the Florida Education Finance Program
 1171  Appropriation Allocation Conference no later than July 15, 2013.
 1172  The revised allocations shall be based on each entity’s
 1173  proportionate share of unweighted FTE and shall be calculated
 1174  for all districts and lab schools receiving funds in Specific
 1175  Appropriation 102A plus any other member school district of a
 1176  regional consortium service organization as of April 30, 2013.
 1177         Section 30. Except as otherwise expressly provided in this
 1178  act and except for this section, which shall take effect upon
 1179  becoming a law, this act shall take effect July 1, 2013.
 1180  
 1181  ================= T I T L E  A M E N D M E N T ================
 1182         And the title is amended as follows:
 1183         Delete everything before the enacting clause
 1184  and insert:
 1185                        A bill to be entitled                      
 1186         An act relating to education; amending ss. 288.8175
 1187         and 1000.21, F.S.; renaming Brevard Community College
 1188         as “Eastern Florida State College”; repealing s.
 1189         1001.27, F.S., relating to a state satellite network;
 1190         amending s. 1001.28, F.S.; deleting a duty of the
 1191         Department of Education to manage the state’s
 1192         satellite transponder resources; amending s. 1001.281,
 1193         F.S.; revising funds deposited in the Operating Trust
 1194         Fund; amending s. 1001.42, F.S.; revising district
 1195         school board duties relating to virtual instruction;
 1196         amending s. 1002.3305, F.S.; revising a definition;
 1197         authorizing the state’s program of education to
 1198         receive state and federal funding that may be
 1199         transferred between state agencies to provide for
 1200         operations of the college-preparatory boarding
 1201         academy; authorizing the college-preparatory boarding
 1202         academy to enter into an agreement with the Department
 1203         of Children and Families to admit certain students and
 1204         to develop an alternative admissions process; amending
 1205         s. 1002.37, F.S.; revising and clarifying requirements
 1206         for reporting and funding a full-time equivalent
 1207         student in the Florida Virtual School; providing
 1208         requirements for funding a home education student
 1209         enrolled in the Florida Virtual School; requiring the
 1210         school district in which a student is enrolled to
 1211         report the courses delivered by the Florida Virtual
 1212         School on a public school campus; providing reporting
 1213         requirements relating to Florida Virtual School
 1214         Global; amending s. 1002.45, F.S.; authorizing a
 1215         school district to provide part-time virtual
 1216         instruction for K-12 students in all courses; revising
 1217         requirements for the use of virtual instruction in
 1218         core-curricula courses for the purpose of meeting
 1219         class size requirements; authorizing a district to
 1220         report full-time equivalent membership for credit
 1221         earned by a student who is enrolled in a virtual
 1222         education course under certain circumstances; revising
 1223         requirements for approval as a provider of virtual
 1224         instruction programs; providing requirements for
 1225         conditional approval; revising and clarifying the
 1226         requirements for reporting and funding a full-time
 1227         equivalent student enrolled in a virtual instruction
 1228         program; amending s. 1003.498, F.S.; requiring the
 1229         Department of Education to provide identifiers for
 1230         courses to designate their use for blended learning
 1231         courses; authorizing a district to report full-time
 1232         equivalent membership for credit earned by a student
 1233         who is enrolled in a virtual education course under
 1234         certain circumstances; removing restrictions on
 1235         students taking online courses across district lines;
 1236         clarifying the requirements for reporting a full-time
 1237         equivalent student; prohibiting a school district from
 1238         requiring a public school student to take an online
 1239         course at certain times or places; amending s.
 1240         1006.29, F.S.; requiring the department to publish
 1241         technology requirements related to instructional
 1242         materials; amending s. 1006.73, F.S.; revising
 1243         purposes, duties, and responsibilities of the Florida
 1244         Virtual Campus; amending s. 1007.271, F.S.; revising
 1245         provisions relating to the full-time equivalent
 1246         student membership value for dual enrolled students;
 1247         revising dual enrollment articulation agreement
 1248         requirements; revising funding provisions delineating
 1249         costs incurred by the institution providing
 1250         instruction; amending s. 1009.24, F.S.; revising the
 1251         date in which the Board of Governors is required to
 1252         submit a report regarding tuition differential;
 1253         repealing s. 1010.79, F.S., relating to the Sophomore
 1254         Level Test Trust Fund; terminating the Sophomore Level
 1255         Test Trust Fund and providing for the transfer of
 1256         funds and payment of outstanding obligations; amending
 1257         s. 1010.81, F.S.; renaming the Knott Data Center
 1258         Working Capital Trust Fund and revising the deposit
 1259         and use of funds; amending s. 1011.61, F.S.; revising
 1260         and clarifying the definition of a full-time
 1261         equivalent student; revising provisions relating to
 1262         funding based on student completion of end-of-course
 1263         examinations; revising provisions relating to the
 1264         maximum value for funding a student; amending s.
 1265         1011.62, F.S.; revising the fiscal years in which
 1266         certain school districts may use funds for
 1267         supplemental academic instruction and research-based
 1268         reading instruction to provide additional intensive
 1269         reading instruction; revising provisions relating to
 1270         the full-time equivalent student membership value for
 1271         dual enrolled students; creating s. 1011.622, F.S.;
 1272         providing for funding adjustments for students without
 1273         a common student identifier; amending ss. 1012.885,
 1274         1012.886, 1012.975, and 1012.976, F.S.; extending
 1275         indefinitely provisions relating to remuneration of
 1276         Florida College System institution presidents, Florida
 1277         College System institution administrative employees,
 1278         state university presidents, and state university
 1279         administrative employees; specifying the formula to be
 1280         used for the 2012-2013 fiscal year in calculating the
 1281         alternate compliance calculation amounts to the class
 1282         size operating categorical fund, notwithstanding
 1283         certain other provisions of law; requiring that the
 1284         Commissioner of Education modify payments to school
 1285         districts; authorizing a school board or charter
 1286         school board to distribute salary increases at any
 1287         time before a specified month; authorizing a state
 1288         university to enter into a local development agreement
 1289         with an affected host local government for specified
 1290         purposes; authorizing a university board of trustees
 1291         to expend reserve or carryforward balances from
 1292         previous years’ appropriations for deferred
 1293         maintenance needs at a specified civic center;
 1294         requiring the Commissioner of Education to
 1295         recalculate, and the principals of the Florida
 1296         Education Finance Program Appropriation Allocation
 1297         Conference to replicate, certain school district
 1298         allocations by a specified date; providing a basis for
 1299         the revised allocations; requiring the revised
 1300         allocations to be calculated for certain districts and
 1301         lab schools; providing effective dates.