Florida Senate - 2021 SB 1654 By Senator Gruters 23-01586A-21 20211654__ 1 A bill to be entitled 2 An act relating to education; amending s. 1001.43, 3 F.S.; authorizing district school boards to conduct 4 daily business in person or through the use of 5 telecommunication networks; amending s. 1002.45, F.S.; 6 deleting a requirement that certain contact with 7 parents and students be made by telephone; revising 8 the manner and circumstances under which an approved 9 provider’s contract is terminated; amending s. 10 1003.621, F.S.; exempting academically high-performing 11 school districts from complying with a specified 12 provision relating to the operation of all schools for 13 a term of 180 actual teaching days; authorizing 14 academically high-performing school districts to 15 provide up to 2 days of virtual instruction; 16 specifying requirements for the virtual instruction; 17 amending s. 1011.61, F.S.; revising the definition of 18 the term “full-time equivalent student” for purposes 19 of the Florida Education Finance Program; providing an 20 effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Subsection (10) of section 1001.43, Florida 25 Statutes, is amended to read: 26 1001.43 Supplemental powers and duties of district school 27 board.—The district school board may exercise the following 28 supplemental powers and duties as authorized by this code or 29 State Board of Education rule. 30 (10) DISTRICT SCHOOL BOARD GOVERNANCE AND OPERATIONS.—The 31 district school board may adopt policies and procedures 32 necessary for the daily business operation of the district 33 school board, including, but not limited to, the provision of 34 legal services for the district school board; conducting a 35 district legislative program; district school board member 36 participation at conferences, conventions, and workshops, 37 including member compensation and reimbursement for expenses; 38 district school board policy development, adoption, and repeal; 39 district school board meeting procedures, including 40 participation via telecommunications networks, use of technology 41 at meetings, and presentations by nondistrict personnel; citizen 42 communications with the district school board and with 43 individual district school board members; collaboration with 44 local government and other entities as required by law; and 45 organization of the district school board, including special 46 committees and advisory committees. Daily business conducted 47 pursuant to this subsection may be done in person; through the 48 use of telecommunications networks, such as telephonic and video 49 conferencing; or a combination thereof. 50 Section 2. Paragraph (a) of subsection (2) and paragraph 51 (d) of subsection (8) of section 1002.45, Florida Statutes, are 52 amended to read: 53 1002.45 Virtual instruction programs.— 54 (2) PROVIDER QUALIFICATIONS.— 55 (a) The department shall annually publish online a list of 56 providers approved to offer virtual instruction programs. To be 57 approved by the department, a provider must document that it: 58 1. Is nonsectarian in its programs, admission policies, 59 employment practices, and operations; 60 2. Complies with the antidiscrimination provisions of s. 61 1000.05; 62 3. Locates an administrative office or offices in this 63 state, requires its administrative staff to be state residents, 64 requires all instructional staff to be Florida-certified 65 teachers under chapter 1012 and conducts background screenings 66 for all employees or contracted personnel, as required by s. 67 1012.32, using state and national criminal history records; 68 4. Provides to parents and students specific information 69 posted and accessible online that includes, but is not limited 70 to, the following teacher-parent and teacher-student contact 71 information for each course: 72 a. How to contact the instructor via phone, e-mail, or 73 online messaging tools. 74 b. How to contact technical support via phone, e-mail, or 75 online messaging tools. 76 c. How to contact the administration office via phone, e 77 mail, or online messaging tools. 78 d. Any requirement for regular contact with the instructor 79 for the course and clear expectations for meeting the 80 requirement. 81 e. The requirement that the instructor in each course must, 82 at a minimum, conduct one contactvia phonewith the parent and 83 the student each month; 84 5. Possesses prior, successful experience offering online 85 courses to elementary, middle, or high school students as 86 demonstrated by quantified student learning gains in each 87 subject area and grade level provided for consideration as an 88 instructional program option. However, for a provider without 89 sufficient prior, successful experience offering online courses, 90 the department may conditionally approve the provider to offer 91 courses measured pursuant to subparagraph (8)(a)2. Conditional 92 approval shall be valid for 1 school year only and, based on the 93 provider’s experience in offering the courses, the department 94 shall determine whether to grant approval to offer a virtual 95 instruction program; 96 6. Is accredited by a regional accrediting association as 97 defined by State Board of Education rule; 98 7. Ensures instructional and curricular quality through a 99 detailed curriculum and student performance accountability plan 100 that addresses every subject and grade level it intends to 101 provide through contract with the school district, including: 102 a. Courses and programs that meet the standards of the 103 International Association for K-12 Online Learning and the 104 Southern Regional Education Board. 105 b. Instructional content and services that align with, and 106 measure student attainment of, student proficiency in the Next 107 Generation Sunshine State Standards. 108 c. Mechanisms that determine and ensure that a student has 109 satisfied requirements for grade level promotion and high school 110 graduation with a standard diploma, as appropriate; 111 8. Publishes for the general public, in accordance with 112 disclosure requirements adopted in rule by the State Board of 113 Education, as part of its application as a provider and in all 114 contracts negotiated pursuant to this section: 115 a. Information and data about the curriculum of each full 116 time and part-time program. 117 b. School policies and procedures. 118 c. Certification status and physical location of all 119 administrative and instructional personnel. 120 d. Hours and times of availability of instructional 121 personnel. 122 e. Student-teacher ratios. 123 f. Student completion and promotion rates. 124 g. Student, educator, and school performance accountability 125 outcomes; 126 9. If the provider is a Florida College System institution, 127 employs instructors who meet the certification requirements for 128 instructional staff under chapter 1012; and 129 10. Performs an annual financial audit of its accounts and 130 records conducted by an independent certified public accountant 131 which is in accordance with rules adopted by the Auditor 132 General, is conducted in compliance with generally accepted 133 auditing standards, and includes a report on financial 134 statements presented in accordance with generally accepted 135 accounting principles. 136 (8) ASSESSMENT AND ACCOUNTABILITY.— 137 (d) An approved provider’s contract ismust beterminated 138 after the exhaustion of all appeals if the provider receives two 139 consecutive grades ofa school grade of “D” or“F” under s. 140 1008.34 or two consecutive school improvement ratingsa school141improvement ratingof “Unsatisfactory” under s. 1008.341for 2142years during any consecutive 4-year periodor has violated any 143 qualification requirement pursuant to subsection (2). A provider 144 whosethat has acontract is terminated under this paragraph may 145 not be an approved provider for a period of at least 1 year 146 after the date upon which the contract was terminated and until 147 the department determines that the provider is in compliance 148 with subsection (2) and has corrected each cause of the 149 provider’s low performance. 150 Section 3. Paragraph (g) of subsection (2) of section 151 1003.621, Florida Statutes, is amended to read: 152 1003.621 Academically high-performing school districts.—It 153 is the intent of the Legislature to recognize and reward school 154 districts that demonstrate the ability to consistently maintain 155 or improve their high-performing status. The purpose of this 156 section is to provide high-performing school districts with 157 flexibility in meeting the specific requirements in statute and 158 rules of the State Board of Education. 159 (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically 160 high-performing school district shall comply with all of the 161 provisions in chapters 1000-1013, and rules of the State Board 162 of Education which implement these provisions, pertaining to the 163 following: 164 (g) Those statutes pertaining to planning and budgeting, 165 including chapter 1011, except s. 1011.62(9)(d), relating to the 166 requirement for a comprehensive reading plan, and s. 1011.60(2), 167 relating to the operation of all schools for a term of 180 168 actual teaching days. A district that is exempt from submitting 169 a comprehensive readingthisplan shall be deemed approved to 170 receive the research-based reading instruction allocation. Each 171 academically high-performing school district may provide up to 2 172 days of virtual instruction as part of the required 180 actual 173 teaching days or the equivalent on an hourly basis each school 174 year, as specified by rules of the State Board of Education, and 175 shall be deemed in compliance with s. 1011.60(2). This virtual 176 instruction shall be teacher-developed and aligned with enrolled 177 courses. 178 Section 4. Paragraph (c) of subsection (1) of section 179 1011.61, Florida Statutes, is amended to read: 180 1011.61 Definitions.—Notwithstanding the provisions of s. 181 1000.21, the following terms are defined as follows for the 182 purposes of the Florida Education Finance Program: 183 (1) A “full-time equivalent student” in each program of the 184 district is defined in terms of full-time students and part-time 185 students as follows: 186 (c)1. A “full-time equivalent student” is: 187 a. A full-time student in any one of the programs listed in 188 s. 1011.62(1)(c); or 189 b. A combination of full-time or part-time students in any 190 one of the programs listed in s. 1011.62(1)(c) which is the 191 equivalent of one full-time student based on the following 192 calculations: 193 (I) A full-time student in a combination of programs listed 194 in s. 1011.62(1)(c) shall be a fraction of a full-time 195 equivalent membership in each special program equal to the 196 number of net hours per school year for which he or she is a 197 member, divided by the appropriate number of hours set forth in 198 subparagraph (a)1. The difference between that fraction or sum 199 of fractions and the maximum value as set forth in subsection 200 (4) for each full-time student is presumed to be the balance of 201 the student’s time not spent in a special program and shall be 202 recorded as time in the appropriate basic program. 203 (II) A prekindergarten student with a disability shall meet 204 the requirements specified for kindergarten students. 205 (III) A full-time equivalent student for students in 206 kindergarten through grade 12 in a full-time virtual instruction 207 program under s. 1002.45 or a virtual charter school under s. 208 1002.33 shall consist of six full-credit completions or the 209 prescribed level of content that counts toward promotion to the 210 next grade in programs listed in s. 1011.62(1)(c). Credit 211 completions may be a combination of full-credit courses or half 212 credit courses. Such student who is reported during the second 213 and third membership surveys and does not complete the credits 214 or content prescribed in this sub-sub-subparagraph must be 215 calculated as 80 percent of a full-time equivalent student. 216 (IV) A full-time equivalent student for students in 217 kindergarten through grade 12 in a part-time virtual instruction 218 program under s. 1002.45 shall consist of six full-credit 219 completions in programs listed in s. 1011.62(1)(c)1. and 3. 220 Credit completions may be a combination of full-credit courses 221 or half-credit courses. Such student who is reported during the 222 second and third membership surveys and does not complete the 223 credits prescribed in this sub-sub-subparagraph must be 224 calculated as 80 percent of a full-time equivalent student. 225 (V) A Florida Virtual School full-time equivalent student 226 shall consist of six full-credit completions or the prescribed 227 level of content that counts toward promotion to the next grade 228 in the programs listed in s. 1011.62(1)(c)1. and 3. for students 229 participating in kindergarten through grade 12 part-time virtual 230 instruction and the programs listed in s. 1011.62(1)(c) for 231 students participating in kindergarten through grade 12 full 232 time virtual instruction. Credit completions may be a 233 combination of full-credit courses or half-credit courses. Such 234 student who is reported during the second and third membership 235 surveys and does not complete the credits or content prescribed 236 in this sub-sub-subparagraph must be calculated as 80 percent of 237 a full-time equivalent student. 238 (VI) Each successfully completed full-credit course earned 239 through an online course delivered by a district other than the 240 one in which the student resides shall be calculated as 1/6 FTE. 241 A full-credit course delivered by a district other than the 242 district in which the student resides which is not completed by 243 a student who is reported during the second and third membership 244 surveys must be calculated as 80 percent of 1/6 FTE. 245 (VII) A full-time equivalent student for courses requiring 246 passage of a statewide, standardized end-of-course assessment 247 under s. 1003.4282 to earn a standard high school diploma shall 248 be defined and reported based on the number of instructional 249 hours as provided in this subsection. Such student who is 250 reported during the second and third membership surveys and does 251 not pass the statewide, standardized end-of-course assessment 252 under s. 1003.4282 must be calculated as 80 percent of a full 253 time equivalent student as though the student did pass. 254 (VIII) For students enrolled in a school district as a 255 full-time student, the district may report 1/6 FTE for each 256 student who passes a statewide, standardized end-of-course 257 assessment without being enrolled in the corresponding course. 258 2. A student in membership in a program scheduled for more 259 or less than 180 school days or the equivalent on an hourly 260 basis as specified by rules of the State Board of Education is a 261 fraction of a full-time equivalent membership equal to the 262 number of instructional hours in membership divided by the 263 appropriate number of hours set forth in subparagraph (a)1.; 264 however, for the purposes of this subparagraph, membership in 265 programs scheduled for more than 180 days is limited to students 266 enrolled in: 267 a. Juvenile justice education programs. 268 b. The Florida Virtual School. 269 c. Virtual instruction programs and virtual charter schools 270 for the purpose of course completion and credit recovery 271 pursuant to ss. 1002.45 and 1003.498. Course completion applies 272 only to a student who is reported during the second or third 273 membership surveys and who does not complete a virtual education 274 course by the end of the regular school year. The course must be 275 completed no later than the deadline for amending the final 276 student enrollment survey for that year. Credit recovery applies 277 only to a student who has unsuccessfully completed a traditional 278 or virtual education course during the regular school year and 279 must retake the course in order to be eligible to graduate with 280 the student’s class. 281 282 The full-time equivalent student enrollment calculated under 283 this subsection is subject to the requirements in subsection 284 (4). 285 286 The department shall determine and implement an equitable method 287 of equivalent funding for schools operating under emergency 288 conditions, which schools have been approved by the department 289 to operate for less than the minimum term as provided in s. 290 1011.60(2). 291 Section 5. This act shall take effect July 1, 2021.