Florida Senate - 2022 SB 1226 By Senator Brandes 24-01095A-22 20221226__ 1 A bill to be entitled 2 An act relating to virtual learning; amending s. 3 1002.37, F.S.; revising the purpose of the Florida 4 Virtual School to provide for the development and 5 delivery of blended learning; requiring the Florida 6 Virtual School to give priority to students enrolled 7 in certain Department of Corrections education 8 programs; conforming a reporting requirement to 9 changes made by the act; revising the calculation of 10 funding for the Florida Virtual School; requiring 11 full-time equivalent students enrolled in a certain 12 blended learning program to be reported to the 13 Department of Education in a specified manner; 14 specifying conditions under which the Florida Virtual 15 School may be funded through the Florida Education 16 Finance Program; revising the requirements of a report 17 that the board of trustees of the Florida Virtual 18 School must annually submit to certain entities, 19 beginning with a specified school year; requiring 20 students enrolled in the Florida Virtual School 21 Justice Education Program to take specified 22 examinations and assessments at institutions or 23 facilities operated by, or under the supervision of, 24 the Department of Corrections; providing for the 25 determination of Florida Virtual School performance 26 related to the Justice Education Program; creating s. 27 1002.371, F.S.; requiring the Florida Virtual School 28 to establish the Florida Virtual School Justice 29 Education Program, beginning with a specified school 30 year; providing the purpose of the program; specifying 31 criteria for course delivery; requiring the Florida 32 Virtual School to report program students separately 33 from other students for funding purposes; providing 34 for funding of students enrolled in the program; 35 authorizing students who turn 22 years of age while 36 enrolled in the program to remain enrolled under 37 certain circumstances; prohibiting funding for such a 38 student from being reported through the Florida 39 Education Finance Program; requiring the Department of 40 Education, with assistance from specified entities, to 41 select a common student assessment instrument and 42 protocol for measuring student learning gains and 43 progression; requiring specified entities to jointly 44 review such assessment instrument and protocol and 45 implement changes as necessary; authorizing students 46 to appeal removal from the Florida Virtual School 47 Justice Education Program, subject to a final 48 determination on the appeal by the Commissioner of 49 Education; requiring the Florida Virtual School to 50 negotiate by a specified date and annually thereafter 51 a cooperative agreement with the Department of 52 Corrections to implement the Florida Virtual School 53 Justice Education Program for the delivery of 54 educational services to students under the 55 jurisdiction of the Department of Corrections; 56 providing requirements for such agreement; providing 57 construction; requiring the state board and the 58 Department of Corrections to adopt rules; amending s. 59 1011.61, F.S.; revising the definition of the term 60 “full-time equivalent student”; amending s. 1011.62, 61 F.S.; conforming a provision to changes made by the 62 act; providing an effective date. 63 64 Be It Enacted by the Legislature of the State of Florida: 65 66 Section 1. Present paragraphs (c) through (g) of subsection 67 (3) of section 1002.37, Florida Statutes, are redesignated as 68 paragraphs (d) through (h), respectively, a new paragraph (c) 69 and paragraph (i) are added to that subsection, paragraph (e) is 70 added to subsection (10) of that section, and paragraphs (a) and 71 (b) of subsection (1), paragraphs (c) and (j) of subsection (2), 72 paragraph (a) of subsection (3), and subsections (7) and (11) of 73 that section are amended, to read: 74 1002.37 The Florida Virtual School.— 75 (1)(a) The Florida Virtual School is established for the 76 development and delivery of online and blendeddistancelearning 77 education. The Commissioner of Education shall monitor the 78 school’s performance and report its performance to the State 79 Board of Education and the Legislature. 80 (b) The mission of the Florida Virtual School is to provide 81 students with technology-based educational opportunities to gain 82 the knowledge and skills necessary to succeed. The school shall 83 serve any student in thisthestate who meets the profile for 84 success in this educational delivery context and shall give 85 priority to: 86 1. Students who need expanded access to courses in order to 87 meet their educational goals, such as home education students 88 and students in inner-city and rural high schools who do not 89 have access to higher-level courses. 90 2. Students seeking accelerated access in order to obtain a 91 high school diploma at least one semester early. 92 3. Students who are children of an active duty member of 93 the United States Armed Forces who is not stationed in this 94 state whose home of record or state of legal residence is 95 Florida. 96 4. Students enrolled in the Florida Virtual School Justice 97 Education Program pursuant to s. 1002.371. 98 99 The board of trustees of the Florida Virtual School shall 100 identify appropriate performance measures and standards based on 101 student achievement that reflect the school’s statutory mission 102 and priorities, and shall implement an accountability system for 103 the school that includes assessment of its effectiveness and 104 efficiency in providing quality services that encourage high 105 student achievement, seamless articulation, and maximum access. 106 (2) The Florida Virtual School shall be governed by a board 107 of trustees comprised of seven members appointed by the Governor 108 to 4-year staggered terms. The board of trustees shall be a 109 public agency entitled to sovereign immunity pursuant to s. 110 768.28, and board members shall be public officers who shall 111 bear fiduciary responsibility for the Florida Virtual School. 112 The board of trustees shall have the following powers and 113 duties: 114 (c) The board of trustees shall aggressively seek avenues 115 to generate revenue to support its future endeavors, and shall 116 enter into agreements with blendeddistancelearning providers. 117 The board of trustees may acquire, enjoy, use, and dispose of 118 patents, copyrights, and trademarks and any licenses and other 119 rights or interests thereunder or therein. Ownership of all such 120 patents, copyrights, trademarks, licenses, and rights or 121 interests thereunder or therein shall vest in the state, with 122 the board of trustees having full right of use and full right to 123 retain the revenues derived therefrom. Any funds realized from 124 patents, copyrights, trademarks, or licenses areshall be125 considered internal funds as provided in s. 1011.07. Such funds 126 shall be used to support the school’s marketing and research and 127 development activities in order to improve courseware and 128 services to its students. 129 (j) The board of trustees shall submit to the State Board 130 of Education both forecasted and actual enrollments and credit 131 completions for the Florida Virtual School, according to 132 procedures established by the State Board of Education. At a 133 minimum, such procedures must include the number of public, 134 private, and home education students served, by program and by 135 county of residence, and the number of students enrolled in the 136 Florida Virtual School Justice Education Program pursuant to s. 137 1002.371. 138 139 The Governor shall designate the initial chair of the board of 140 trustees to serve a term of 4 years. Members of the board of 141 trustees shall serve without compensation, but may be reimbursed 142 for per diem and travel expenses pursuant to s. 112.061. The 143 board of trustees shall be a body corporate with all the powers 144 of a body corporate and such authority as is needed for the 145 proper operation and improvement of the Florida Virtual School. 146 The board of trustees is specifically authorized to adopt rules, 147 policies, and procedures, consistent with law and rules of the 148 State Board of Education related to governance, personnel, 149 budget and finance, administration, programs, curriculum and 150 instruction, travel and purchasing, technology, students, 151 contracts and grants, and property as necessary for optimal, 152 efficient operation of the Florida Virtual School. Tangible 153 personal property owned by the board of trustees shall be 154 subject to the provisions of chapter 273. 155 (3) Funding for the Florida Virtual School shall be 156 provided as follows: 157 (a)1. The calculation of a “full-time equivalent student” 158 enrolled in an online learning program mustshallbe as 159 prescribed in s. 1011.61(1)(c)1.b.(V) and is subject to s. 160 1011.61(4). 161 2. The calculation of a “full-time equivalent student” 162 enrolled in a blended learning program offered pursuant to s. 163 1002.371 must be as prescribed in s. 1011.61(1)(c)1.b.(I) and is 164 subject to s. 1011.61(4). 165 3. For a student in a home education program, funding shall 166 be provided in accordance with this subsection upon course 167 completion if the parent verifies, upon enrollment for each 168 course, that the student is registered with the school district 169 as a home education student pursuant to s. 1002.41(1)(a). 170 (c) A full-time equivalent student enrolled in a blended 171 learning program offered pursuant to s. 1002.371, including a 172 student enrolled during the summer, must be reported to the 173 Department of Education in the manner the department prescribes 174 and must be funded through the Florida Education Finance 175 Program. 176 (i) The Florida Virtual School may be funded for blended 177 learning through the Florida Education Finance Program only for 178 full-time students enrolled in the Florida Virtual School 179 Justice Education Program pursuant to s. 1002.371. However, such 180 students may enroll in online courses and be funded as provided 181 in paragraph (3)(a). 182 (7) The board of trustees shall annually submit to the 183 Governor, the Legislature, the Commissioner of Education, and 184 the State Board of Education the audit report prepared pursuant 185 to subsection (6) and a complete and detailed report setting 186 forth: 187 (a) The operations and accomplishments of the Florida 188 Virtual School within thisthestate and those occurring outside 189 thisthestate as Florida Virtual School Global and, beginning 190 with the 2022-2023 school year, the Florida Virtual School 191 Justice Education Program established under s. 1002.371. 192 (b) The marketing and operational plan for the Florida 193 Virtual School,andFlorida Virtual School Global, and, 194 beginning with the 2022-2023 school year, the Florida Virtual 195 School Justice Education Program established under s. 1002.371, 196 including recommendations regarding methods for improving the 197 delivery of education through the Internet and other distance 198 learning technology. 199 (c) The assets and liabilities of the Florida Virtual 200 School and Florida Virtual School Global at the end of the 201 fiscal year. 202 (d) Recommendations regarding the unit cost of providing 203 services to students through the Florida Virtual School,and204 Florida Virtual School Global, and, beginning with the 2022-2023 205 school year, the Florida Virtual School Justice Education 206 Program established under s. 1002.371. In order to most 207 effectively develop public policy regarding any future funding 208 of the Florida Virtual School, it is imperative that the cost of 209 the program is accurately identified. The identified cost of the 210 program must be based on reliable data. 211 (e) Recommendations regarding an accountability mechanism 212 to assess the effectiveness of the services provided by the 213 Florida Virtual School,andFlorida Virtual School Global, and, 214 beginning with the 2022-2023 school year, the Florida Virtual 215 School Justice Education Program established under s. 1002.371. 216 (10) 217 (e) Students enrolled in the Florida Virtual School Justice 218 Education Program pursuant to s. 1002.371 must take all industry 219 certification examinations, national assessments, and statewide, 220 standardized assessments at the institution or facility operated 221 by, or under the supervision of, the Department of Corrections. 222 (11) The Florida Virtual School shall receive a school 223 grade pursuant to s. 1008.34 for students receiving full-time 224 instruction pursuant to this section. School performance for the 225 Florida Virtual School as it relates to the Justice Education 226 Program must be assessed based on student learning gains and 227 student progression as demonstrated by the student assessment 228 instrument and protocol selected pursuant to s. 1002.371(6). 229 Section 2. Section 1002.371, Florida Statutes, is created 230 to read: 231 1002.371 Florida Virtual School Justice Education Program.— 232 (1) Beginning with the 2022-2023 school year, the Florida 233 Virtual School shall establish the Florida Virtual School 234 Justice Education Program to offer inmates younger than 22 years 235 of age housed in institutions and facilities operated by, or 236 under the supervision of, the Department of Corrections the 237 opportunity to earn a standard high school diploma pursuant to 238 s. 1003.4282. Courses must be delivered in an educational 239 setting under the supervision of the Department of Corrections 240 by Florida Virtual School personnel certified pursuant to s. 241 1012.55 who provide instruction through online courses pursuant 242 to s. 1002.37 or through blended learning courses consisting of 243 both traditional classroom and online instructional techniques. 244 Students in blended learning courses must be full-time students 245 of the school as provided in s. 1011.61(1)(a)1. The funding, 246 performance, and accountability requirements for blended 247 learning courses are the same as those for traditional classroom 248 courses. 249 (2) The Florida Virtual School shall separately report all 250 students enrolled in the program for purposes of the Florida 251 Education Finance Program. 252 (3) The Florida Virtual School shall receive state funds 253 for operating purposes as provided in the General Appropriations 254 Act for students enrolled in the program. The calculation to 255 determine the amount of state funds shall be as prescribed in s. 256 1002.37(3)(f). 257 (4) The program must include and receive funding for a 258 summer school period that must begin on the day immediately 259 following the end of the regular school year and end on the day 260 immediately preceding the subsequent regular school year. 261 Students may not be funded for more than 25 hours per week of 262 instruction. 263 (5) A student who turns 22 years of age while enrolled in 264 the program may remain enrolled if his or her continued 265 enrollment is approved by the Florida Virtual School and the 266 Department of Corrections; however, funding for such a student 267 may not be reported through the Florida Education Finance 268 Program. 269 (6) The Department of Education, with the assistance of the 270 Florida Virtual School and the Department of Corrections, shall 271 select a common student assessment instrument and protocol for 272 measuring student learning gains and student progression for 273 students receiving full-time instruction pursuant to this 274 section. The Department of Education, the Florida Virtual 275 School, and the Department of Corrections, jointly, shall review 276 the effectiveness of such assessment instrument and protocol and 277 implement changes as necessary. 278 (7) A student who is removed from the program may appeal to 279 the Department of Education to seek reinstatement, subject to a 280 final determination on the appeal by the Commissioner of 281 Education. 282 (8) By July 1, 2023, and annually thereafter, the Florida 283 Virtual School shall negotiate a cooperative agreement with the 284 Department of Corrections for the delivery of educational 285 services to students under the jurisdiction of the Department of 286 Corrections to implement the program. Such agreement must 287 provide for, but is not limited to: 288 (a) Roles and responsibilities of the Florida Virtual 289 School and the Department of Corrections, including the roles 290 and responsibilities of contract providers. 291 (b) Resolution of administrative issues, including 292 procedures for sharing information. 293 (c) Allocation of resources, including the maximization of 294 state and federal funding. 295 (d) Procedures for educational evaluation for exceptional 296 education students and those with special needs. 297 (e) Procedures for individualized progress monitoring plans 298 developed for all students not classified upon entry to the 299 program as exceptional education students. These plans must 300 address academic, literacy, career, and technical skills and 301 must include provisions for intensive remedial instruction in 302 areas of weakness. 303 (f) Curriculum and delivery of instruction, including 304 resources required for delivery of instruction through 305 technological means. 306 (g) Procedures for assessments, including, but not limited 307 to, industry certification examinations, national assessments, 308 and statewide, standardized assessments administered pursuant to 309 s. 1008.22 at an institution or facility operated by the 310 Department of Corrections. 311 (h) Classroom management procedures and attendance 312 policies. 313 (i) Procedures for provision of qualified personnel, 314 whether supplied by the Florida Virtual School or the Department 315 of Corrections, and for the performance of their duties in a 316 Department of Corrections setting. 317 (j) Provisions for improving skills in teaching and working 318 with students in the program. 319 (k) Transition plans for students moving into and out of 320 the program, including graduates transitioning to postsecondary 321 education or into the workforce. 322 (l) Procedures and timelines for the timely documentation 323 of credits earned and the transfer of student records. 324 (m) Methods and procedures for dispute resolution. 325 (n) Provisions for ensuring the safety of education 326 personnel and support for the agreed-upon education program. 327 (9) This section and the cooperative agreement required 328 under subsection (8) do not require the Florida Virtual School 329 to provide more services than can be supported by the funds 330 generated by students participating in the program. 331 (10) This section does not prohibit a student from 332 participating in the Correctional Education Program pursuant to 333 s. 944.801. 334 (11) The State Board of Education and the Department of 335 Corrections shall adopt rules to administer this section. 336 Section 3. Paragraph (c) of subsection (1) of section 337 1011.61, Florida Statutes, is amended to read: 338 1011.61 Definitions.—Notwithstanding the provisions of s. 339 1000.21, the following terms are defined as follows for the 340 purposes of the Florida Education Finance Program: 341 (1) A “full-time equivalent student” in each program of the 342 district is defined in terms of full-time students and part-time 343 students as follows: 344 (c)1. A “full-time equivalent student” is: 345 a. A full-time student in any one of the programs listed in 346 s. 1011.62(1)(c); or 347 b. A combination of full-time or part-time students in any 348 one of the programs listed in s. 1011.62(1)(c) which is the 349 equivalent of one full-time student based on the following 350 calculations: 351 (I) A full-time student in a combination of programs listed 352 in s. 1011.62(1)(c) shall be a fraction of a full-time 353 equivalent membership in each special program equal to the 354 number of net hours per school year for which he or she is a 355 member, divided by the appropriate number of hours set forth in 356 subparagraph (a)1. The difference between that fraction or sum 357 of fractions and the maximum value as set forth in subsection 358 (4) for each full-time student is presumed to be the balance of 359 the student’s time not spent in a special program and shall be 360 recorded as time in the appropriate basic program. 361 (II) A prekindergarten student with a disability shall meet 362 the requirements specified for kindergarten students. 363 (III) A full-time equivalent student for students in 364 kindergarten through grade 12 in a full-time virtual instruction 365 program under s. 1002.45 or a virtual charter school under s. 366 1002.33 shall consist of six full-credit completions or the 367 prescribed level of content that counts toward promotion to the 368 next grade in programs listed in s. 1011.62(1)(c). Credit 369 completions may be a combination of full-credit courses or half 370 credit courses. 371 (IV) A full-time equivalent student for students in 372 kindergarten through grade 12 in a part-time virtual instruction 373 program under s. 1002.45 shall consist of six full-credit 374 completions in programs listed in s. 1011.62(1)(c)1. and 3. 375 Credit completions may be a combination of full-credit courses 376 or half-credit courses. 377 (V) A Florida Virtual School full-time equivalent student 378 in an online program shall consist of six full-credit 379 completions or the prescribed level of content that counts 380 toward promotion to the next grade in the programs listed in s. 381 1011.62(1)(c)1. and 3. for students participating in 382 kindergarten through grade 12 part-time virtual instruction and 383 the programs listed in s. 1011.62(1)(c) for students 384 participating in kindergarten through grade 12 full-time virtual 385 instruction. Credit completions may be a combination of full 386 credit courses or half-credit courses. 387 (VI) Each successfully completed full-credit course earned 388 through an online course delivered by a district other than the 389 one in which the student resides shall be calculated as 1/6 FTE. 390 (VII) A full-time equivalent student for courses requiring 391 passage of a statewide, standardized end-of-course assessment 392 under s. 1003.4282 to earn a standard high school diploma shall 393 be defined and reported based on the number of instructional 394 hours as provided in this subsection. 395 (VIII) For students enrolled in a school district as a 396 full-time student, the district may report 1/6 FTE for each 397 student who passes a statewide, standardized end-of-course 398 assessment without being enrolled in the corresponding course. 399 2. A student in membership in a program scheduled for more 400 or less than 180 school days or the equivalent on an hourly 401 basis as specified by rules of the State Board of Education is a 402 fraction of a full-time equivalent membership equal to the 403 number of instructional hours in membership divided by the 404 appropriate number of hours set forth in subparagraph (a)1.; 405 however, for the purposes of this subparagraph, membership in 406 programs scheduled for more than 180 days is limited to students 407 enrolled in: 408 a. Juvenile justice education programs. 409 b. The Florida Virtual School. 410 c. Virtual instruction programs and virtual charter schools 411 for the purpose of course completion and credit recovery 412 pursuant to ss. 1002.45 and 1003.498. Course completion applies 413 only to a student who is reported during the second or third 414 membership surveys and who does not complete a virtual education 415 course by the end of the regular school year. The course must be 416 completed no later than the deadline for amending the final 417 student enrollment survey for that year. Credit recovery applies 418 only to a student who has unsuccessfully completed a traditional 419 or virtual education course during the regular school year and 420 must retake the course in order to be eligible to graduate with 421 the student’s class. 422 423 The full-time equivalent student enrollment calculated under 424 this subsection is subject to the requirements in subsection 425 (4). 426 427 The department shall determine and implement an equitable method 428 of equivalent funding for schools operating under emergency 429 conditions, which schools have been approved by the department 430 to operate for less than the minimum term as provided in s. 431 1011.60(2). 432 Section 4. Paragraph (f) of subsection (1) of section 433 1011.62, Florida Statutes, is amended to read: 434 1011.62 Funds for operation of schools.—If the annual 435 allocation from the Florida Education Finance Program to each 436 district for operation of schools is not determined in the 437 annual appropriations act or the substantive bill implementing 438 the annual appropriations act, it shall be determined as 439 follows: 440 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR 441 OPERATION.—The following procedure shall be followed in 442 determining the annual allocation to each district for 443 operation: 444 (f) Supplemental academic instruction allocation.— 445 1. There is created the supplemental academic instruction 446 allocation to provide supplemental academic instruction to 447 students in kindergarten through grade 12. 448 2. The supplemental academic instruction allocation shall 449 be provided annually in the Florida Education Finance Program as 450 specified in the General Appropriations Act. These funds are in 451 addition to the funds appropriated on the basis of FTE student 452 membership in the Florida Education Finance Program and shall be 453 included in the total potential funds of each district. 454 Beginning with the 2018-2019 fiscal year, each school district 455 that has a school earning a grade of “D” or “F” pursuant to s. 456 1008.34 must use that school’s portion of the supplemental 457 academic instruction allocation to implement intervention and 458 support strategies for school improvement pursuant to s. 1008.33 459 and for salary incentives pursuant to s. 1012.2315(3) or salary 460 supplements pursuant to s. 1012.22(1)(c)5.c. that are provided 461 through a memorandum of understanding between the collective 462 bargaining agent and the school board that addresses the 463 selection, placement, and expectations of instructional 464 personnel and school administrators. For all other schools, the 465 school district’s use of the supplemental academic instruction 466 allocation may include, but is not limited to, the use of a 467 modified curriculum; reading instruction; after-school 468 instruction; tutoring; mentoring; a reduction in class size; 469 extended school year; intensive skills development in summer 470 school; dropout prevention programs as defined in ss. 1003.52 471 and 1003.53(1)(a), (b), and (c); and other methods of improving 472 student achievement. Supplemental academic instruction may be 473 provided to a student in any manner and at any time during or 474 beyond the regular 180-day term identified by the school as 475 being the most effective and efficient way to best help that 476 student progress from grade to grade and to graduate. 477 3. The supplemental academic instruction allocation shall 478 consist of a base amount that has a workload adjustment based on 479 changes in unweighted FTE. The supplemental academic instruction 480 allocation shall be recalculated during the fiscal year. Upon 481 recalculation of funding for the supplemental academic 482 instruction allocation, if the total allocation is greater than 483 the amount provided in the General Appropriations Act, the 484 allocation shall be prorated to the level provided to support 485 the appropriation, based on each district’s share of the total. 486 4. Funding on the basis of FTE membership beyond the 180 487 day regular term shall be provided in the FEFP only for students 488 enrolled in juvenile justice education programs, the Florida 489 Virtual School Justice Education Program pursuant to s. 490 1002.371, or in education programs for juveniles placed in 491 secure facilities or programs under s. 985.19. Funding for 492 instruction beyond the regular 180-day school year for all other 493 K-12 students shall be provided through the supplemental 494 academic instruction allocation and other state, federal, and 495 local fund sources with ample flexibility for schools to provide 496 supplemental instruction to assist students in progressing from 497 grade to grade and graduating. 498 Section 5. This act shall take effect July 1, 2022.