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 blended distance learning
   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 this the state 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 blended distance learning 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 are shall be
  125  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 must shall be 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 this the state and those occurring outside
  189  this the state 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, and Florida 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, and
  204  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, and Florida 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.