Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1468
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/26/2017           .                                

       The Committee on Appropriations (Galvano) recommended the
    1         Senate Amendment (with title amendment)
    3         Between lines 61 and 62
    4  insert:
    5         Section 3. Paragraph (a) of subsection (2) of section
    6  1002.31, Florida Statutes, is amended to read:
    7         1002.31 Controlled open enrollment; Public school parental
    8  choice.—
    9         (2)(a) Beginning by the 2017-2018 school year, as part of a
   10  school district’s or charter school’s controlled open enrollment
   11  process, and in addition to the existing public school choice
   12  programs provided in s. 1002.20(6)(a), each district school
   13  board or charter school shall allow a parent from any school
   14  district in the state whose child is not subject to a current
   15  expulsion or suspension to enroll his or her child in and
   16  transport his or her child to any public school, including
   17  charter schools, virtual charter schools, and district virtual
   18  programs, that have has not reached capacity in the district,
   19  subject to the maximum class size pursuant to s. 1003.03 and s.
   20  1, Art. IX of the State Constitution, if applicable. The school
   21  district or charter school shall accept the student, pursuant to
   22  that school district’s or charter school’s controlled open
   23  enrollment process, and report the student for purposes of the
   24  school district’s or charter school’s funding pursuant to the
   25  Florida Education Finance Program. A school district or charter
   26  school may provide transportation to students described under
   27  this section.
   28         Section 4. Subsection (8) of section 1002.37, Florida
   29  Statutes, is amended to read:
   30         1002.37 The Florida Virtual School.—
   31         (8)(a) The Florida Virtual School may provide full-time and
   32  part-time instruction for students in kindergarten through grade
   33  12. To receive part-time instruction in kindergarten through
   34  grade 5, a student must meet at least one of the eligibility
   35  criteria in s. 1002.455(2).
   36         (b) For students receiving part-time instruction in
   37  kindergarten through grade 5 and students receiving full-time
   38  instruction in kindergarten through grade 12 from the Florida
   39  Virtual School, the full-time equivalent student enrollment
   40  calculated under this subsection is subject to the requirements
   41  in s. 1011.61(4).
   42         Section 5. Subsection (5) and paragraph (b) of subsection
   43  (6) of section 1002.45, Florida Statutes, are amended to read:
   44         1002.45 Virtual instruction programs.—
   45         (5) STUDENT ELIGIBILITY.—A student may enroll in a full
   46  time or part-time virtual instruction program in kindergarten
   47  through grade 12 which is provided by a the school district or
   48  by a virtual charter school operated in the district in which he
   49  or she resides if the student meets eligibility requirements for
   50  virtual instruction pursuant to s. 1002.455.
   51         (6) STUDENT PARTICIPATION REQUIREMENTS.—Each student
   52  enrolled in a virtual instruction program or virtual charter
   53  school must:
   54         (b) Take state assessment tests within the school district
   55  in which such student resides or enrolls, as contractually
   56  specified. If requested by the provider, the district of
   57  residence which must provide the student with access to the
   58  district’s testing facilities.
   59         Section 6. Section 1002.455, Florida Statutes, is repealed.
   60         Section 7. Subsection (1) of section 1002.33, Florida
   61  Statutes, is amended to read:
   62         1002.33 Charter schools.—
   63         (1) AUTHORIZATION.—Charter schools shall be part of the
   64  state’s program of public education. All charter schools in
   65  Florida are public schools. A charter school may be formed by
   66  creating a new school or converting an existing public school to
   67  charter status. A charter school may operate a virtual charter
   68  school pursuant to s. 1002.45(1)(d) to provide full-time online
   69  instruction to eligible students, pursuant to s. 1002.455, in
   70  kindergarten through grade 12. An existing charter school that
   71  is seeking to become a virtual charter school must amend its
   72  charter or submit a new application pursuant to subsection (6)
   73  to become a virtual charter school. A virtual charter school is
   74  subject to the requirements of this section; however, a virtual
   75  charter school is exempt from subsections (18) and (19),
   76  subparagraphs (20)(a)2., 4., 5., and 7., paragraph (20)(c), and
   77  s. 1003.03. A public school may not use the term charter in its
   78  name unless it has been approved under this section.
   79         Section 8. Subsection (2) of section 1003.498, Florida
   80  Statutes, is amended to read:
   81         1003.498 School district virtual course offerings.—
   82         (2) School districts may offer virtual courses for students
   83  enrolled in the school district. These courses must be
   84  identified in the course code directory. Students who meet the
   85  eligibility requirements of s. 1002.455 may participate in these
   86  virtual course offerings.
   87         (a) Any eligible student who is enrolled in a school
   88  district may register and enroll in an online course offered by
   89  his or her school district.
   90         (b)1. Any eligible student who is enrolled in a school
   91  district may register and enroll in an online course offered by
   92  any other school district in the state. The school district in
   93  which the student completes the course shall report the
   94  student’s completion of that course for funding pursuant to s.
   95  1011.61(1)(c)1.b.(VI), and the home school district may shall
   96  not report the student for funding for that course.
   97         2. The full-time equivalent student membership calculated
   98  under this subsection is subject to the requirements in s.
   99  1011.61(4). The Department of Education shall establish
  100  procedures to enable interdistrict coordination for the delivery
  101  and funding of this online option.
  102         Section 9. Subsection (11) of section 1011.62, Florida
  103  Statutes, is amended to read:
  104         1011.62 Funds for operation of schools.—If the annual
  105  allocation from the Florida Education Finance Program to each
  106  district for operation of schools is not determined in the
  107  annual appropriations act or the substantive bill implementing
  108  the annual appropriations act, it shall be determined as
  109  follows:
  110         (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may
  111  annually provide in the Florida Education Finance Program a
  112  virtual education contribution. The amount of the virtual
  113  education contribution shall be the difference between the
  114  amount per FTE established in the General Appropriations Act for
  115  virtual education and the amount per FTE for each district and
  116  the Florida Virtual School, which may be calculated by taking
  117  the sum of the base FEFP allocation, the discretionary local
  118  effort, the state-funded discretionary contribution, the
  119  discretionary millage compression supplement, the research-based
  120  reading instruction allocation, and the instructional materials
  121  allocation, and then dividing by the total unweighted FTE. This
  122  difference shall be multiplied by the virtual education
  123  unweighted FTE for school district-operated part-time and full
  124  time virtual instruction programs, full-time virtual charter
  125  school programs, virtual courses offered, programs and options
  126  identified in s. 1002.455(3) and the Florida Virtual School and
  127  its franchises to equal the virtual education contribution and
  128  shall be included as a separate allocation in the funding
  129  formula.
  131  ================= T I T L E  A M E N D M E N T ================
  132  And the title is amended as follows:
  133         Delete line 8
  134  and insert:
  135         in an emergency situation; amending s. 1002.31, F.S.;
  136         revising available controlled open enrollment options
  137         to include virtual charter schools and district
  138         virtual programs; amending ss. 1002.37 and 1002.45,
  139         F.S.; revising student eligibility requirements for
  140         the Florida Virtual School and virtual instruction
  141         programs; repealing s. 1002.455, F.S., relating to
  142         student eligibility for K-12 virtual instruction;
  143         amending ss. 1002.33, 1003.498, and 1011.62, F.S.;
  144         conforming provisions to changes made by the act;
  145         creating s. 1003.481, F.S.;