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 Section 1001.27, Florida Statutes, is repealed.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 1011.622 Adjustments 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.