Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 1226
       
       
       
       
       
       
                                Ì290644-Î290644                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/02/2022           .                                
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       The Committee on Education (Brandes) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 66 - 181
    4  and insert:
    5         Section 1. Paragraphs (a) and (b) of subsection (1) and
    6  subsections (2), (7) and (11) of section 1002.37, Florida
    7  Statutes, are amended, and paragraph (e) is added to subsection
    8  (10) of that section, to read:
    9         1002.37 The Florida Virtual School.—
   10         (1)(a) The Florida Virtual School is established for the
   11  development and delivery of online and distance and blended
   12  learning education. The Commissioner of Education shall monitor
   13  the school’s performance and report its performance to the State
   14  Board of Education and the Legislature.
   15         (b) The mission of the Florida Virtual School is to provide
   16  students with technology-based educational opportunities to gain
   17  the knowledge and skills necessary to succeed. The school shall
   18  serve any student in this the state who meets the profile for
   19  success in this educational delivery context and shall give
   20  priority to:
   21         1. Students who need expanded access to courses in order to
   22  meet their educational goals, such as home education students
   23  and students in inner-city and rural high schools who do not
   24  have access to higher-level courses.
   25         2. Students seeking accelerated access in order to obtain a
   26  high school diploma at least one semester early.
   27         3. Students who are children of an active duty member of
   28  the United States Armed Forces who is not stationed in this
   29  state whose home of record or state of legal residence is
   30  Florida.
   31         4.Students enrolled in the Florida Virtual School Justice
   32  Education Program pursuant to s. 1002.371.
   33  
   34  The board of trustees of the Florida Virtual School shall
   35  identify appropriate performance measures and standards based on
   36  student achievement that reflect the school’s statutory mission
   37  and priorities, and shall implement an accountability system for
   38  the school that includes assessment of its effectiveness and
   39  efficiency in providing quality services that encourage high
   40  student achievement, seamless articulation, and maximum access.
   41         (2) The Florida Virtual School shall be governed by a board
   42  of trustees comprised of seven members appointed by the Governor
   43  to 4-year staggered terms. The board of trustees shall be a
   44  public agency entitled to sovereign immunity pursuant to s.
   45  768.28, and board members shall be public officers who shall
   46  bear fiduciary responsibility for the Florida Virtual School.
   47  The board of trustees shall have the following powers and
   48  duties:
   49         (a)1. The board of trustees shall meet at least 4 times
   50  each year, upon the call of the chair, or at the request of a
   51  majority of the membership.
   52         2. The fiscal year for the Florida Virtual School shall be
   53  the state fiscal year as provided in s. 216.011(1)(o).
   54         (b) The board of trustees shall be responsible for the
   55  Florida Virtual School’s development of a state-of-the-art
   56  technology-based education delivery system that is cost
   57  effective, educationally sound, marketable, and capable of
   58  sustaining a self-sufficient delivery system through the Florida
   59  Education Finance Program.
   60         (c) The board of trustees shall aggressively seek avenues
   61  to generate revenue to support its future endeavors, and shall
   62  enter into agreements with online distance and blended learning
   63  providers. The board of trustees may acquire, enjoy, use, and
   64  dispose of patents, copyrights, and trademarks and any licenses
   65  and other rights or interests thereunder or therein. Ownership
   66  of all such patents, copyrights, trademarks, licenses, and
   67  rights or interests thereunder or therein shall vest in the
   68  state, with the board of trustees having full right of use and
   69  full right to retain the revenues derived therefrom. Any funds
   70  realized from patents, copyrights, trademarks, or licenses are
   71  shall be considered internal funds as provided in s. 1011.07.
   72  Such funds shall be used to support the school’s marketing and
   73  research and development activities in order to improve
   74  courseware and services to its students.
   75         (d) The board of trustees shall be responsible for the
   76  administration and control of all local school funds derived
   77  from all activities or sources and shall prescribe the
   78  principles and procedures to be followed in administering these
   79  funds.
   80         (e) The Florida Virtual School may accrue supplemental
   81  revenue from supplemental support organizations, which include,
   82  but are not limited to, alumni associations, foundations,
   83  parent-teacher associations, and booster associations. The
   84  governing body of each supplemental support organization shall
   85  recommend the expenditure of moneys collected by the
   86  organization for the benefit of the school. Such expenditures
   87  shall be contingent upon the review of the executive director.
   88  The executive director may override any proposed expenditure of
   89  the organization that would violate Florida law or breach sound
   90  educational management.
   91         (f) In accordance with law and rules of the State Board of
   92  Education, the board of trustees shall administer and maintain
   93  personnel programs for all employees of the board of trustees
   94  and the Florida Virtual School. The board of trustees may adopt
   95  rules, policies, and procedures related to the appointment,
   96  employment, and removal of personnel.
   97         1. The board of trustees shall determine the compensation,
   98  including salaries and fringe benefits, and other conditions of
   99  employment for such personnel.
  100         2. The board of trustees may establish and maintain a
  101  personnel loan or exchange program by which persons employed by
  102  the board of trustees for the Florida Virtual School as academic
  103  administrative and instructional staff may be loaned to, or
  104  exchanged with persons employed in like capacities by, public
  105  agencies either within or without this state, or by private
  106  industry. With respect to public agency employees, the program
  107  authorized by this subparagraph shall be consistent with the
  108  requirements of part II of chapter 112. The salary and benefits
  109  of board of trustees personnel participating in the loan or
  110  exchange program shall be continued during the period of time
  111  they participate in a loan or exchange program, and such
  112  personnel shall be deemed to have no break in creditable or
  113  continuous service or employment during such time. The salary
  114  and benefits of persons participating in the personnel loan or
  115  exchange program who are employed by public agencies or private
  116  industry shall be paid by the originating employers of those
  117  participants, and such personnel shall be deemed to have no
  118  break in creditable or continuous service or employment during
  119  such time.
  120         3. The employment of all Florida Virtual School academic
  121  administrative and instructional personnel shall be subject to
  122  rejection for cause by the board of trustees, and shall be
  123  subject to policies of the board of trustees relative to
  124  certification, tenure, leaves of absence, sabbaticals,
  125  remuneration, and such other conditions of employment as the
  126  board of trustees deems necessary and proper, not inconsistent
  127  with law.
  128         4. Each person employed by the board of trustees in an
  129  academic administrative or instructional capacity with the
  130  Florida Virtual School shall be entitled to a contract as
  131  provided by rules of the board of trustees.
  132         5. All employees except temporary, seasonal, and student
  133  employees may be state employees for the purpose of being
  134  eligible to participate in the Florida Retirement System and
  135  receive benefits. The classification and pay plan, including
  136  terminal leave and other benefits, and any amendments thereto,
  137  shall be subject to review and approval by the Department of
  138  Management Services and the Executive Office of the Governor
  139  prior to adoption.
  140         (g) The board of trustees shall establish priorities for
  141  admission of students in accordance with paragraph (1)(b).
  142         (h) The board of trustees shall establish and distribute to
  143  all school districts and high schools in the state procedures
  144  for enrollment of students in courses offered by the Florida
  145  Virtual School.
  146         (i) The board of trustees shall establish criteria defining
  147  the elements of an approved franchise. The board of trustees may
  148  enter into franchise agreements with Florida district school
  149  boards and may establish the terms and conditions governing such
  150  agreements. The board of trustees shall establish the
  151  performance and accountability measures and report the
  152  performance of each school district franchise to the
  153  Commissioner of Education.
  154         (j) The board of trustees shall submit to the State Board
  155  of Education both forecasted and actual enrollments and credit
  156  completions for the Florida Virtual School, according to
  157  procedures established by the State Board of Education. At a
  158  minimum, such procedures must include the number of public,
  159  private, and home education students served, by program and by
  160  county of residence, and the number of students enrolled in the
  161  Florida Virtual School Justice Education Program pursuant to s.
  162  1002.371.
  163         (k) The board of trustees shall provide for the content and
  164  custody of student and employee personnel records. Student
  165  records shall be subject to the provisions of s. 1002.22.
  166  Employee records shall be subject to the provisions of s.
  167  1012.31.
  168         (l) The financial records and accounts of the Florida
  169  Virtual School shall be maintained under the direction of the
  170  board of trustees and under rules adopted by the State Board of
  171  Education for the uniform system of financial records and
  172  accounts for the schools of the state.
  173  
  174  The Governor shall designate the initial chair of the board of
  175  trustees to serve a term of 4 years. Members of the board of
  176  trustees shall serve without compensation, but may be reimbursed
  177  for per diem and travel expenses pursuant to s. 112.061. The
  178  board of trustees shall be a body corporate with all the powers
  179  of a body corporate and such authority as is needed for the
  180  proper operation and improvement of the Florida Virtual School.
  181  The board of trustees is specifically authorized to adopt rules
  182  and, policies, and procedures, consistent with law and rules of
  183  the State Board of Education related to governance, personnel,
  184  budget and finance, administration, programs, curriculum and
  185  instruction, travel and purchasing, technology, students,
  186  contracts and grants, and property as necessary for optimal,
  187  efficient operation of the Florida Virtual School. Tangible
  188  personal property owned by the board of trustees shall be
  189  subject to the provisions of chapter 273.
  190  
  191  ================= T I T L E  A M E N D M E N T ================
  192  And the title is amended as follows:
  193         Delete lines 5 - 16
  194  and insert:
  195         delivery of online distance and blended learning;
  196         requiring the Florida Virtual School to give priority
  197         to students enrolled in certain Department of
  198         Corrections education programs; conforming a reporting
  199         requirement to changes made by the act; deleting
  200         authorization for the board of trustees of the Florida
  201         Virtual School to adopt procedures; revising the
  202         requirements of a report