Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 1122
       
       
       
       
       
       
                                Ì576274=Î576274                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/17/2025           .                                
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       The Committee on Education Pre-K - 12 (Burton) recommended the
       following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Delete lines 68 - 371
    4  and insert:
    5  serve all students any student in the state who meet meets the
    6  profile for success in this educational delivery context and
    7  shall give priority to:
    8         1. Students who need expanded access to courses in order to
    9  meet their educational goals, such as home education students
   10  and students in inner-city and rural high schools who do not
   11  have access to higher-level courses.
   12         2. Students seeking accelerated access in order to obtain a
   13  high school diploma at least one semester early.
   14         3. Students who are children of an active duty member of
   15  the United States Armed Forces who is not stationed in this
   16  state whose home of record or state of legal residence is
   17  Florida.
   18         (c) To ensure parents and students are informed of the
   19  opportunities offered by the Florida Virtual School, the
   20  commissioner shall provide the board of trustees of the Florida
   21  Virtual School access to the records of public school students
   22  in a format prescribed by the board of trustees.
   23  
   24  The board of trustees of the Florida Virtual School shall
   25  identify appropriate performance measures and standards based on
   26  student achievement that reflect the school’s statutory mission
   27  and priorities, and shall implement an accountability system for
   28  the school that includes assessment of its effectiveness and
   29  efficiency in providing quality services that encourage high
   30  student achievement, seamless articulation, and maximum access.
   31         (2) The Florida Virtual School shall be governed by a board
   32  of trustees composed comprised of seven members appointed by the
   33  Governor to 4-year staggered terms. The board of trustees shall
   34  be a public agency entitled to sovereign immunity pursuant to s.
   35  768.28, and board members shall be public officers who shall
   36  bear fiduciary responsibility for the Florida Virtual School.
   37  The board of trustees shall have the following powers and
   38  duties:
   39         (a)1. The board of trustees shall meet at least 4 times
   40  each year, upon the call of the board chair, or at the request
   41  of a majority of the membership, or at the request of the
   42  Florida Virtual School president and chief executive officer.
   43         2. The fiscal year for the Florida Virtual School is shall
   44  be the state fiscal year as provided in s. 216.011(1)(q).
   45         (b) The board of trustees shall be responsible for the
   46  Florida Virtual School’s development of a state-of-the-art
   47  technology-based education delivery system that is cost
   48  effective, educationally sound, marketable, and capable of
   49  sustaining a self-sufficient delivery system through the Florida
   50  Education Finance Program and other supplemental funding
   51  sources.
   52         (c) The board of trustees shall aggressively seek avenues
   53  to generate revenue to support its future endeavors, and shall
   54  enter into agreements with distance learning providers. The
   55  board of trustees may acquire, enjoy, use, and dispose of
   56  patents, copyrights, and trademarks and any licenses and other
   57  rights or interests thereunder or therein. Ownership of all such
   58  patents, copyrights, trademarks, licenses, and rights or
   59  interests thereunder or therein vests shall vest in the state,
   60  with the board of trustees having full right of use and full
   61  right to retain the revenues derived therefrom. Any funds
   62  realized from patents, copyrights, trademarks, or licenses are
   63  shall be considered internal funds as provided in s. 1011.07.
   64  Such funds must shall be used to support the school’s mission,
   65  marketing, and research, and development activities in order to
   66  improve courseware and services to its students.
   67         (d) The board of trustees shall be responsible for the
   68  administration and control of all local school funds derived
   69  from all activities or sources and shall prescribe the
   70  principles and procedures to be followed in administering these
   71  funds.
   72         (e) The Florida Virtual School may accrue supplemental
   73  revenue from direct-support organizations and supplemental
   74  support organizations, which include, but are not limited to,
   75  alumni associations, foundations, parent-teacher associations,
   76  and booster associations. The governing body of each direct
   77  support and supplemental support organization shall recommend
   78  the expenditure of moneys collected by the organization for the
   79  benefit of the school. Such expenditures are shall be contingent
   80  upon the review and approval of the Florida Virtual School
   81  president and chief executive officer or authorized designees
   82  executive director. The executive director may override any
   83  proposed expenditure of the organization that would violate
   84  Florida law or breach sound educational management.
   85         (f) In accordance with law and rules of the State Board of
   86  Education, the board of trustees shall administer and maintain
   87  personnel programs for all employees of the board of trustees
   88  and the Florida Virtual School. The board of trustees may adopt
   89  rules, policies, and procedures related to the appointment,
   90  employment, and removal of personnel.
   91         1. The board of trustees shall determine the compensation,
   92  including salaries and fringe benefits, and other conditions of
   93  employment for such personnel.
   94         2. The board of trustees may establish and maintain a
   95  personnel loan or exchange program by which persons employed by
   96  the board of trustees for the Florida Virtual School as academic
   97  administrative and instructional staff may be loaned to, or
   98  exchanged with persons employed in like capacities by, public
   99  agencies either within or without this state, or by private
  100  industry. With respect to public agency employees, the program
  101  authorized by this subparagraph must shall be consistent with
  102  the requirements of part II of chapter 112. The salary and
  103  benefits of board of trustees personnel participating in the
  104  loan or exchange program must shall be continued during the
  105  period of time they participate in a loan or exchange program,
  106  and such personnel are shall be deemed to have no break in
  107  creditable or continuous service or employment during such time.
  108  The salary and benefits of persons participating in the
  109  personnel loan or exchange program who are employed by public
  110  agencies or private industry must shall be paid by the
  111  originating employers of those participants, and such personnel
  112  are shall be deemed to have no break in creditable or continuous
  113  service or employment during such time.
  114         3. The employment of all Florida Virtual School academic
  115  administrative and instructional personnel or educational
  116  support employees as those terms are defined in s. 1012.01(3),
  117  (2), or (6), respectively, is shall be subject to rejection for
  118  cause by the board of trustees, and shall be subject to policies
  119  of the board of trustees relative to certification, tenure,
  120  leaves of absence, sabbaticals, remuneration, and such other
  121  conditions of employment as the board of trustees deems
  122  necessary and proper, not inconsistent with law.
  123         4. Each person employed by the board of trustees in an
  124  academic administrative or instructional capacity with the
  125  Florida Virtual School is shall be entitled to a contract as
  126  provided by policies rules of the board of trustees.
  127         5. All employees except temporary, seasonal, and student
  128  employees shall may be state employees for the purpose of being
  129  eligible to participate in the Florida Retirement System and
  130  receive benefits. The classification and pay plan, including
  131  terminal leave and other benefits, and any amendments thereto,
  132  are shall be subject to review and approval by the Department of
  133  Management Services and the Executive Office of the Governor
  134  prior to adoption.
  135         (g) The board of trustees shall establish priorities for
  136  admission of students in accordance with paragraph (1)(b).
  137         (h) The board of trustees shall establish and distribute to
  138  all school districts and high schools in this the state
  139  procedures for enrollment of students in courses offered by the
  140  Florida Virtual School.
  141         (h)(i) The board of trustees shall establish criteria
  142  defining the elements of an approved franchise. The board of
  143  trustees may enter into contracts and franchise agreements with
  144  Florida district school boards or other educational institutions
  145  and government agencies and may establish the terms and
  146  conditions governing such agreements. The board of trustees
  147  shall establish the performance and accountability measures and
  148  report the performance of each school district franchise to the
  149  Commissioner of Education.
  150         (i)(j) The board of trustees shall submit to the State
  151  Board of Education both forecasted and actual enrollments and
  152  credit completions for the Florida Virtual School, according to
  153  procedures established by the State Board of Education. At a
  154  minimum, such procedures must include the number of public,
  155  private, and home education students served by program and by
  156  county of residence.
  157         (j)(k) The board of trustees shall provide for the content
  158  and custody of student and employee personnel records. Student
  159  records are shall be subject to the provisions of s. 1002.22.
  160  Employee records are shall be subject to the provisions of s.
  161  1012.31.
  162         (k)(l) The financial records and accounts of the Florida
  163  Virtual School must shall be maintained under the direction of
  164  the board of trustees and under rules adopted by the State Board
  165  of Education for the uniform system of financial records and
  166  accounts for the schools of this the state.
  167  
  168  The Governor shall designate the initial chair of the board of
  169  trustees to serve a term of 4 years. Members of the board of
  170  trustees shall serve without compensation, but may be reimbursed
  171  for per diem and travel expenses pursuant to s. 112.061. The
  172  board of trustees shall be a body corporate with all the powers
  173  of a body corporate and such authority as is needed for the
  174  proper operation and improvement of the Florida Virtual School.
  175  The board of trustees is specifically authorized to adopt rules,
  176  policies, and procedures, consistent with law and rules of the
  177  State Board of Education related to governance, personnel,
  178  budget and finance, administration, programs, curriculum and
  179  instruction, travel and purchasing, technology, students,
  180  contracts and grants, and property as necessary for optimal,
  181  efficient operation of the Florida Virtual School. Tangible
  182  personal property owned by the board of trustees is shall be
  183  subject to the provisions of chapter 273.
  184         (3) Funding for the Florida Virtual School shall be
  185  provided as follows:
  186         (f) The Florida Virtual School shall receive state funds
  187  for operating purposes as provided in the General Appropriations
  188  Act. The calculation to determine the amount of state funds
  189  includes: the sum of the basic amount for current operations
  190  established in s. 1011.62(1)(s), the discretionary millage
  191  compression supplement established in s. 1011.62(5), the state
  192  funded discretionary contribution established in s. 1011.62(6),
  193  a per-full-time equivalent share of the exceptional student
  194  education guaranteed allocation established in s. 1011.62(8),
  195  and the mental health assistance allocation established in s.
  196  1011.62(13).
  197         (4) School districts operating a virtual school that is an
  198  approved franchise of the Florida Virtual School may count full
  199  time equivalent students, as provided in paragraph (3)(a), if
  200  such school has been certified as an approved franchise by the
  201  Commissioner of Education based on criteria established by the
  202  board of trustees pursuant to paragraph (2)(h) (2)(i).
  203         (7) The board of trustees shall annually submit to the
  204  Governor, the Legislature, the Commissioner of Education, and
  205  the State Board of Education the audit report prepared pursuant
  206  to subsection (6) and a complete and detailed report setting
  207  forth:
  208         (a) the operations and accomplishments of the Florida
  209  Virtual School within the state and those occurring outside the
  210  state as Florida Virtual School Global.
  211         (b) The marketing and operational plan for the Florida
  212  Virtual School and Florida Virtual School Global, including
  213  recommendations regarding methods for improving the delivery of
  214  education through the Internet and other distance learning
  215  technology.
  216         (c) The assets and liabilities of the Florida Virtual
  217  School and Florida Virtual School Global at the end of the
  218  fiscal year.
  219         (d) Recommendations regarding the unit cost of providing
  220  services to students through the Florida Virtual School and
  221  Florida Virtual School Global. In order to most effectively
  222  develop public policy regarding any future funding of the
  223  Florida Virtual School, it is imperative that the cost of the
  224  program is accurately identified. The identified cost of the
  225  program must be based on reliable data.
  226         (e) Recommendations regarding an accountability mechanism
  227  to assess the effectiveness of the services provided by the
  228  Florida Virtual School and Florida Virtual School Global.
  229         (9)
  230         (b) For students receiving full-time or part-time
  231  instruction in kindergarten through grade 12 5 and students
  232  receiving full-time instruction in kindergarten through grade 12
  233  from the Florida Virtual School, the full-time equivalent
  234  student enrollment calculated under this subsection is subject
  235  to the requirements in s. 1011.61(4).
  236         (10)
  237         (c) Industry certification examinations, national
  238  assessments, and statewide assessments, and international
  239  assessments offered by the school district must shall be
  240  available to all Florida Virtual School students.
  241         (d) Unless an alternative testing site is mutually agreed
  242  to by the Florida Virtual School and the school district or as
  243  contracted under s. 1008.24, all industry certification
  244  examinations, national assessments, progress monitoring under s.
  245  1008.25(9), and statewide assessments, and international
  246  assessments must be taken at the school to which the student
  247  would be assigned according to district school board attendance
  248  areas. A school district shall must provide the student with
  249  access to the school’s testing facilities, a test administrator,
  250  and the date and time of the administration of progress
  251  monitoring and each examination or assessment.
  252  
  253  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  254  And the directory clause is amended as follows:
  255         Delete line 61
  256  and insert:
  257  (4) and (7), paragraph (b) of subsection (9), and paragraphs (c)
  258  and (d) of subsection (10)
  259  
  260  ================= T I T L E  A M E N D M E N T ================
  261  And the title is amended as follows:
  262         Delete lines 37 - 54
  263  and insert:
  264         Education; deleting certain requirements relating to
  265         an audit report submitted annually by the board of
  266         trustees to specified entities; requiring that
  267         international assessments offered by the school
  268         district be made available to all Florida Virtual
  269         School students; requiring that students have access
  270         to a test administrator; making technical changes;