Florida Senate - 2025                             CS for SB 1122
       
       
        
       By the Committee on Education Pre-K - 12; and Senator Burton
       
       
       
       
       
       581-02511-25                                          20251122c1
    1                        A bill to be entitled                      
    2         An act relating to the Florida Virtual School;
    3         amending s. 1002.37, F.S.; deleting provisions
    4         requiring the Florida Virtual School to give priority
    5         to certain students; requiring the Florida Virtual
    6         School to ensure that parents, in addition to
    7         students, are informed of specified information;
    8         providing that officers and employees are granted
    9         sovereign immunity in addition to the board of
   10         trustees; providing that the Florida Virtual School
   11         president and chief executive officer may call a
   12         meeting of the board of trustees; providing that the
   13         board of trustees may fund the education delivery
   14         system through supplemental funding in addition to the
   15         Florida Education Finance Program; requiring that
   16         certain funds be used to support the school’s mission;
   17         authorizing the Florida Virtual School to accrue
   18         supplemental revenue from direct-support
   19         organizations; providing that certain expenditures are
   20         contingent upon review and approval by the Florida
   21         Virtual School president and chief executive officer
   22         or authorized designees, rather than the executive
   23         director; removing the executive director’s
   24         authorization to override certain proposed
   25         expenditures; requiring, rather than authorizing,
   26         specified employees to be state employees for the
   27         purpose of being eligible to participate in the
   28         Florida Retirement System and to receive benefits;
   29         deleting a requirement for the board of trustees to
   30         establish priorities for the admission of students;
   31         authorizing the board of trustees to enter into
   32         contracts with other educational institutions and
   33         government agencies; deleting requirements for the
   34         board of trustees to establish performance and
   35         accountability measures and report performance of
   36         school district franchises to the Commissioner of
   37         Education; deleting certain requirements relating to
   38         an audit report submitted annually by the board of
   39         trustees to specified entities; requiring that
   40         international assessments offered by the school
   41         district be made available to all Florida Virtual
   42         School students; requiring that students have access
   43         to a test administrator; making technical changes;
   44         providing an effective date.
   45          
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. Paragraphs (b) and (c) of subsection (1),
   49  subsection (2), paragraph (f) of subsection (3), subsections (4)
   50  and (7), paragraph (b) of subsection (9), and paragraphs (c) and
   51  (d) of subsection (10) of section 1002.37, Florida Statutes, are
   52  amended to read:
   53         1002.37 The Florida Virtual School.—
   54         (1)
   55         (b)  The mission of the Florida Virtual School is to
   56  provide students with technology-based educational opportunities
   57  to gain the knowledge and skills necessary to succeed. The
   58  school shall serve all students any student in the state who
   59  meet meets the profile for success in this educational delivery
   60  context and shall give priority to:
   61         1. Students who need expanded access to courses in order to
   62  meet their educational goals, such as home education students
   63  and students in inner-city and rural high schools who do not
   64  have access to higher-level courses.
   65         2. Students seeking accelerated access in order to obtain a
   66  high school diploma at least one semester early.
   67         3. Students who are children of an active duty member of
   68  the United States Armed Forces who is not stationed in this
   69  state whose home of record or state of legal residence is
   70  Florida.
   71         (c) To ensure parents and students are informed of the
   72  opportunities offered by the Florida Virtual School, the
   73  commissioner shall provide the board of trustees of the Florida
   74  Virtual School access to the records of public school students
   75  in a format prescribed by the board of trustees.
   76  
   77  The board of trustees of the Florida Virtual School shall
   78  identify appropriate performance measures and standards based on
   79  student achievement that reflect the school’s statutory mission
   80  and priorities, and shall implement an accountability system for
   81  the school that includes assessment of its effectiveness and
   82  efficiency in providing quality services that encourage high
   83  student achievement, seamless articulation, and maximum access.
   84         (2) The Florida Virtual School shall be governed by a board
   85  of trustees composed comprised of seven members appointed by the
   86  Governor to 4-year staggered terms. The board of trustees shall
   87  be a public agency entitled to sovereign immunity pursuant to s.
   88  768.28, and board members shall be public officers who shall
   89  bear fiduciary responsibility for the Florida Virtual School.
   90  The board of trustees shall have the following powers and
   91  duties:
   92         (a)1. The board of trustees shall meet at least 4 times
   93  each year, upon the call of the board chair, or at the request
   94  of a majority of the membership, or at the request of the
   95  Florida Virtual School president and chief executive officer.
   96         2. The fiscal year for the Florida Virtual School is shall
   97  be the state fiscal year as provided in s. 216.011(1)(q).
   98         (b) The board of trustees shall be responsible for the
   99  Florida Virtual School’s development of a state-of-the-art
  100  technology-based education delivery system that is cost
  101  effective, educationally sound, marketable, and capable of
  102  sustaining a self-sufficient delivery system through the Florida
  103  Education Finance Program and other supplemental funding
  104  sources.
  105         (c) The board of trustees shall aggressively seek avenues
  106  to generate revenue to support its future endeavors, and shall
  107  enter into agreements with distance learning providers. The
  108  board of trustees may acquire, enjoy, use, and dispose of
  109  patents, copyrights, and trademarks and any licenses and other
  110  rights or interests thereunder or therein. Ownership of all such
  111  patents, copyrights, trademarks, licenses, and rights or
  112  interests thereunder or therein vests shall vest in the state,
  113  with the board of trustees having full right of use and full
  114  right to retain the revenues derived therefrom. Any funds
  115  realized from patents, copyrights, trademarks, or licenses are
  116  shall be considered internal funds as provided in s. 1011.07.
  117  Such funds must shall be used to support the school’s mission,
  118  marketing, and research, and development activities in order to
  119  improve courseware and services to its students.
  120         (d) The board of trustees shall be responsible for the
  121  administration and control of all local school funds derived
  122  from all activities or sources and shall prescribe the
  123  principles and procedures to be followed in administering these
  124  funds.
  125         (e) The Florida Virtual School may accrue supplemental
  126  revenue from direct-support organizations and supplemental
  127  support organizations, which include, but are not limited to,
  128  alumni associations, foundations, parent-teacher associations,
  129  and booster associations. The governing body of each direct
  130  support and supplemental support organization shall recommend
  131  the expenditure of moneys collected by the organization for the
  132  benefit of the school. Such expenditures are shall be contingent
  133  upon the review and approval of the Florida Virtual School
  134  president and chief executive officer or authorized designees
  135  executive director. The executive director may override any
  136  proposed expenditure of the organization that would violate
  137  Florida law or breach sound educational management.
  138         (f) In accordance with law and rules of the State Board of
  139  Education, the board of trustees shall administer and maintain
  140  personnel programs for all employees of the board of trustees
  141  and the Florida Virtual School. The board of trustees may adopt
  142  rules, policies, and procedures related to the appointment,
  143  employment, and removal of personnel.
  144         1. The board of trustees shall determine the compensation,
  145  including salaries and fringe benefits, and other conditions of
  146  employment for such personnel.
  147         2. The board of trustees may establish and maintain a
  148  personnel loan or exchange program by which persons employed by
  149  the board of trustees for the Florida Virtual School as academic
  150  administrative and instructional staff may be loaned to, or
  151  exchanged with persons employed in like capacities by, public
  152  agencies either within or without this state, or by private
  153  industry. With respect to public agency employees, the program
  154  authorized by this subparagraph must shall be consistent with
  155  the requirements of part II of chapter 112. The salary and
  156  benefits of board of trustees personnel participating in the
  157  loan or exchange program must shall be continued during the
  158  period of time they participate in a loan or exchange program,
  159  and such personnel are shall be deemed to have no break in
  160  creditable or continuous service or employment during such time.
  161  The salary and benefits of persons participating in the
  162  personnel loan or exchange program who are employed by public
  163  agencies or private industry must shall be paid by the
  164  originating employers of those participants, and such personnel
  165  are shall be deemed to have no break in creditable or continuous
  166  service or employment during such time.
  167         3. The employment of all Florida Virtual School academic
  168  administrative and instructional personnel or educational
  169  support employees as those terms are defined in s. 1012.01(3),
  170  (2), or (6), respectively, is shall be subject to rejection for
  171  cause by the board of trustees, and shall be subject to policies
  172  of the board of trustees relative to certification, tenure,
  173  leaves of absence, sabbaticals, remuneration, and such other
  174  conditions of employment as the board of trustees deems
  175  necessary and proper, not inconsistent with law.
  176         4. Each person employed by the board of trustees in an
  177  academic administrative or instructional capacity with the
  178  Florida Virtual School is shall be entitled to a contract as
  179  provided by policies rules of the board of trustees.
  180         5. All employees except temporary, seasonal, and student
  181  employees shall may be state employees for the purpose of being
  182  eligible to participate in the Florida Retirement System and
  183  receive benefits. The classification and pay plan, including
  184  terminal leave and other benefits, and any amendments thereto,
  185  are shall be subject to review and approval by the Department of
  186  Management Services and the Executive Office of the Governor
  187  prior to adoption.
  188         (g) The board of trustees shall establish priorities for
  189  admission of students in accordance with paragraph (1)(b).
  190         (h) The board of trustees shall establish and distribute to
  191  all school districts and high schools in this the state
  192  procedures for enrollment of students in courses offered by the
  193  Florida Virtual School.
  194         (h)(i) The board of trustees shall establish criteria
  195  defining the elements of an approved franchise. The board of
  196  trustees may enter into contracts and franchise agreements with
  197  Florida district school boards or other educational institutions
  198  and government agencies and may establish the terms and
  199  conditions governing such agreements. The board of trustees
  200  shall establish the performance and accountability measures and
  201  report the performance of each school district franchise to the
  202  Commissioner of Education.
  203         (i)(j) The board of trustees shall submit to the State
  204  Board of Education both forecasted and actual enrollments and
  205  credit completions for the Florida Virtual School, according to
  206  procedures established by the State Board of Education. At a
  207  minimum, such procedures must include the number of public,
  208  private, and home education students served by program and by
  209  county of residence.
  210         (j)(k) The board of trustees shall provide for the content
  211  and custody of student and employee personnel records. Student
  212  records are shall be subject to the provisions of s. 1002.22.
  213  Employee records are shall be subject to the provisions of s.
  214  1012.31.
  215         (k)(l) The financial records and accounts of the Florida
  216  Virtual School must shall be maintained under the direction of
  217  the board of trustees and under rules adopted by the State Board
  218  of Education for the uniform system of financial records and
  219  accounts for the schools of this the state.
  220  
  221  The Governor shall designate the initial chair of the board of
  222  trustees to serve a term of 4 years. Members of the board of
  223  trustees shall serve without compensation, but may be reimbursed
  224  for per diem and travel expenses pursuant to s. 112.061. The
  225  board of trustees shall be a body corporate with all the powers
  226  of a body corporate and such authority as is needed for the
  227  proper operation and improvement of the Florida Virtual School.
  228  The board of trustees is specifically authorized to adopt rules,
  229  policies, and procedures, consistent with law and rules of the
  230  State Board of Education related to governance, personnel,
  231  budget and finance, administration, programs, curriculum and
  232  instruction, travel and purchasing, technology, students,
  233  contracts and grants, and property as necessary for optimal,
  234  efficient operation of the Florida Virtual School. Tangible
  235  personal property owned by the board of trustees is shall be
  236  subject to the provisions of chapter 273.
  237         (3) Funding for the Florida Virtual School shall be
  238  provided as follows:
  239         (f) The Florida Virtual School shall receive state funds
  240  for operating purposes as provided in the General Appropriations
  241  Act. The calculation to determine the amount of state funds
  242  includes: the sum of the basic amount for current operations
  243  established in s. 1011.62(1)(s), the discretionary millage
  244  compression supplement established in s. 1011.62(5), the state
  245  funded discretionary contribution established in s. 1011.62(6),
  246  a per-full-time equivalent share of the exceptional student
  247  education guaranteed allocation established in s. 1011.62(8),
  248  and the mental health assistance allocation established in s.
  249  1011.62(13).
  250         (4) School districts operating a virtual school that is an
  251  approved franchise of the Florida Virtual School may count full
  252  time equivalent students, as provided in paragraph (3)(a), if
  253  such school has been certified as an approved franchise by the
  254  Commissioner of Education based on criteria established by the
  255  board of trustees pursuant to paragraph (2)(h) (2)(i).
  256         (7) The board of trustees shall annually submit to the
  257  Governor, the Legislature, the Commissioner of Education, and
  258  the State Board of Education the audit report prepared pursuant
  259  to subsection (6) and a complete and detailed report setting
  260  forth:
  261         (a) the operations and accomplishments of the Florida
  262  Virtual School within the state and those occurring outside the
  263  state as Florida Virtual School Global.
  264         (b) The marketing and operational plan for the Florida
  265  Virtual School and Florida Virtual School Global, including
  266  recommendations regarding methods for improving the delivery of
  267  education through the Internet and other distance learning
  268  technology.
  269         (c) The assets and liabilities of the Florida Virtual
  270  School and Florida Virtual School Global at the end of the
  271  fiscal year.
  272         (d) Recommendations regarding the unit cost of providing
  273  services to students through the Florida Virtual School and
  274  Florida Virtual School Global. In order to most effectively
  275  develop public policy regarding any future funding of the
  276  Florida Virtual School, it is imperative that the cost of the
  277  program is accurately identified. The identified cost of the
  278  program must be based on reliable data.
  279         (e) Recommendations regarding an accountability mechanism
  280  to assess the effectiveness of the services provided by the
  281  Florida Virtual School and Florida Virtual School Global.
  282         (9)
  283         (b) For students receiving full-time or part-time
  284  instruction in kindergarten through grade 12 5 and students
  285  receiving full-time instruction in kindergarten through grade 12
  286  from the Florida Virtual School, the full-time equivalent
  287  student enrollment calculated under this subsection is subject
  288  to the requirements in s. 1011.61(4).
  289         (10)
  290         (c) Industry certification examinations, national
  291  assessments, and statewide assessments, and international
  292  assessments offered by the school district must shall be
  293  available to all Florida Virtual School students.
  294         (d) Unless an alternative testing site is mutually agreed
  295  to by the Florida Virtual School and the school district or as
  296  contracted under s. 1008.24, all industry certification
  297  examinations, national assessments, progress monitoring under s.
  298  1008.25(9), and statewide assessments, and international
  299  assessments must be taken at the school to which the student
  300  would be assigned according to district school board attendance
  301  areas. A school district shall must provide the student with
  302  access to the school’s testing facilities, a test administrator,
  303  and the date and time of the administration of progress
  304  monitoring and each examination or assessment.
  305         Section 2. This act shall take effect July 1, 2025.