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 contact via phone with 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 is must be terminated
  138  after the exhaustion of all appeals if the provider receives two
  139  consecutive grades of a school grade of “D” or “F” under s.
  140  1008.34 or two consecutive school improvement ratings a school
  141  improvement rating of “Unsatisfactory” under s. 1008.341 for 2
  142  years during any consecutive 4-year period or has violated any
  143  qualification requirement pursuant to subsection (2). A provider
  144  whose that has a contract 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 reading this plan 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.