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;