Bill Text: FL H1173 | 2010 | Regular Session | Introduced

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Bill Title: K-12 Educational Instruction

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Failed) 2010-04-30 - Died in Committee on PreK-12 Policy (EPC) [H1173 Detail]

Download: Florida-2010-H1173-Introduced.html

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HB 1173

1	A bill to be entitled
2	An act relating to K-12 educational instruction; amending
3	s. 1002.33, F.S.; authorizing the formation of a virtual
4	charter school; providing requirements and exceptions for
5	a virtual charter school; amending s. 1002.37, F.S.;
6	defining "full-time equivalent student" for two grade
7	groupings for purposes of funding the Florida Virtual
8	School; amending s. 1002.41, F.S.; authorizing home
9	education students to enroll in virtual instruction
10	courses and courses offered in the school district;
11	requiring school districts to release to certain
12	organizations directory information on students enrolled
13	in home education programs; amending s. 1002.42, F.S.;
14	exempting a Florida-based nonpublic school that provides
15	education to K-12 students solely by distance education
16	methods and does not enroll or teach students at an on-
17	site location from requirements relating to attendance
18	records and reports, school-entry health examinations, and
19	student immunizations; amending s. 1002.45, F.S., relating
20	to school district virtual instruction programs; providing
21	for additional approved providers; revising requirements
22	for certified teachers in a virtual instruction program;
23	providing that a virtual instruction program may be part-
24	time; revising and adding requirements for a virtual
25	instruction program and approval of a program provider;
26	revising student eligibility and enrollment, reporting and
27	funding, and accountability requirements; requiring the
28	Department of Education and school districts to post on
29	the respective websites information relating to virtual
30	instruction programs; creating s. 1002.452, F.S.; defining
31	a virtual instruction course; authorizing students in
32	public schools to take virtual instruction courses while
33	enrolled full-time at a public school; providing for
34	credit and funding; amending s. 1003.428, F.S.; requiring
35	students to take an online course for high school
36	graduation; amending ss. 1006.28 and 1006.40, F.S.;
37	providing that instructional materials include computer
38	hardware; amending s. 1011.61, F.S.; revising the
39	definition of "full-time equivalent student" as it relates
40	to virtual instruction for purposes of the Florida
41	Education Finance Program; including students in a virtual
42	charter school or in a public school that offers virtual
43	instruction courses; requiring State Board of Education
44	rules; amending s. 1012.57, F.S.; authorizing the issuance
45	of an adjunct educator certificate to virtual instruction
46	educators; revising requirements for adjunct educator
47	certification; providing an effective date.
48
49	Be It Enacted by the Legislature of the State of Florida:
50
51	Section 1. Subsection (1) of section 1002.33, Florida
52	Statutes, is amended to read:
53	1002.33 Charter schools.-
54	(1) AUTHORIZATION.-Charter schools shall be part of the
55	state's program of public education. All charter schools in
56	Florida are public schools. A charter school may be formed by
57	creating a new school or converting an existing public school to
58	charter status. A virtual charter school may be formed to
59	provide online instruction. The provider of online instruction
60	for a virtual charter school must follow the charter application
61	process specified in this section and serve students in the
62	school district in which the charter is granted. A virtual
63	charter school is not subject to or governed by the provisions
64	of this section that pertain to facilities or student
65	transportation. A public school may not use the term charter in
66	its name unless it has been approved under this section.
67	Section 2. Paragraph (a) of subsection (3) of section
68	1002.37, Florida Statutes, is amended to read:
69	1002.37 The Florida Virtual School.-
70	(3) Funding for the Florida Virtual School shall be
71	provided as follows:
72	(a)1. A "full-time equivalent student" for the Florida
73	Virtual School is one student in grades 9 through 12 who has
74	successfully completed six credits that shall count toward the
75	minimum number of credits required for high school graduation. A
76	student who completes less than six credits shall be a fraction
77	of a full-time equivalent student. Half-credit completions shall
78	be included in determining a full-time equivalent student.
79	Credit completed by a student in excess of the minimum required
80	for that student for high school graduation is not eligible for
81	funding.
82	2. A "full-time equivalent student" for the Florida
83	Virtual School is one student in kindergarten through grade 8
84	who has successfully completed six courses or the prescribed
85	level of content that counts toward promotion to the next grade.
86	A student who completes less than six courses or the prescribed
87	level of content shall be a fraction of a full-time equivalent
88	student.
89	Section 3. Subsections (4) through (9) of section 1002.41,
90	Florida Statutes, are renumbered as subsections (5) through
91	(10), respectively, and new subsections (4) and (11) are added
92	to that section to read:
93	1002.41 Home education programs.-
94	(4) Home education students may enroll in courses offered
95	by the Florida Virtual School or a franchise of the Florida
96	Virtual School and in courses offered in the school district in
97	which the student resides.
98	(11) School districts shall release directory information
99	on students enrolled in home education programs to established
100	state home education organizations recognized by the Department
101	of Education that provide support and information to home
102	education families.
103	Section 4. Subsections (4), (5), and (6) of section
104	1002.42, Florida Statutes, are amended to read:
105	1002.42 Private schools.-
106	(4) ATTENDANCE RECORDS AND REPORTS.-All officials,
107	teachers, and other employees in parochial, religious,
108	denominational, and private schools, except a Florida-based
109	private school that provides education to K-12 students solely
110	by distance education methods, including virtual instruction or
111	correspondence courses, and does not enroll or teach students at
112	an on-site location in the state, shall keep and prepare records
113	in accordance with the provisions of s. 1003.23(2).
114	(5) SCHOOL-ENTRY HEALTH EXAMINATIONS.-The governing
115	authority of each private school, except a Florida-based private
116	school that provides education to K-12 students solely by
117	distance education methods, including virtual instruction or
118	correspondence courses, and does not enroll or teach students at
119	an on-site location in the state, shall require students to
120	present a certification of a school-entry health examination in
121	accordance with the provisions of s. 1003.22(1) and (2).
122	(6) IMMUNIZATIONS.-The governing authority of each private
123	school, except a Florida-based private school that provides
124	education to K-12 students solely by distance education methods,
125	including virtual instruction or correspondence courses, and
126	does not enroll or teach students at an on-site location in the
127	state, shall:
128	(a) Require students to present a certification of
129	immunization in accordance with the provisions of s. 1003.22(3)-
130	(11).
131	(b) Provide information on the importance of student
132	health and available immunizations and vaccinations, including,
133	but not limited to:
134	1. A recommended immunization schedule in accordance with
135	United States Centers for Disease Control and Prevention
136	recommendations.
137	2. Detailed information regarding the causes, symptoms,
138	and transmission of meningococcal disease and the availability,
139	effectiveness, known contraindications, and appropriate age for
140	the administration of any required or recommended vaccine
141	against meningococcal disease, in accordance with the
142	recommendations of the Advisory Committee on Immunization
143	Practices of the United States Centers for Disease Control and
144	Prevention.
145	Section 5. Section 1002.45, Florida Statutes, is amended
146	to read:
147	1002.45 School district virtual instruction programs.-
148	(1) PROGRAM.-
149	(a) For purposes of this section, the term:
150	1. "Approved provider" means a provider that is approved
151	by the Department of Education under subsection (2), the Florida
152	Virtual School, or a franchise of the Florida Virtual School, or
153	a school, including a charter school, or an organization that
154	enters into an agreement with the Florida Virtual School to
155	deliver a virtual instruction program.
156	2. "Virtual instruction program" means a program of
157	instruction provided in an interactive learning environment
158	created through technology in which students are separated from
159	their teachers by time or space, or both, at least 25 percent of
160	the time and in which a certified teacher is responsible for
161	planning instruction, diagnosing learning needs, prescribing
162	content delivery, assessing student learning, reporting
163	outcomes, and evaluating the effects of instruction Florida-
164	certified teacher under chapter 1012 is responsible for at
165	least:
166	a. Fifty percent of the direct instruction to students in
167	kindergarten through grade 5; or
168	b. Eighty percent of the direct instruction to students in
169	grades 6 through 12.
170	(b) Beginning with the 2009-2010 school year, Each school
171	district shall provide eligible students within its boundaries
172	the option of participating in a virtual instruction program.
173	The purpose of the program is to make instruction available to
174	students using online and distance learning technology in the
175	nontraditional classroom. The program shall be:
176	1. Full-time or part-time for students enrolled in
177	kindergarten through grade 12.
178	2. Full-time or part-time for students enrolled in dropout
179	prevention and academic intervention programs under s. 1003.53
180	or Department of Juvenile Justice education programs under s.
181	1003.52 in grades 9 through 12.
182	(c) To provide students with the option of participating
183	in virtual instruction programs as required by paragraph (b), a
184	school district may:
185	1. Contract with the Florida Virtual School or establish a
186	franchise of the Florida Virtual School for the provision of a
187	program under paragraph (b). Using this option is subject to the
188	requirements of this section and s. 1011.61(1)(c)1.b.(III) and
189	(IV).
190	2. Contract with an approved provider under subsection (2)
191	for the provision of a full-time program under subparagraph
192	(b)1. or a full-time or part-time program under subparagraph
193	(b)2.
194	3. Enter into an agreement with another school district to
195	allow the participation of its students in an approved virtual
196	instruction program provided by the other school district. The
197	agreement must indicate a process for the transfer of funds
198	required by paragraph (7)(b).
199
200	Contracts under subparagraph 1. or subparagraph 2. may include
201	multidistrict contractual arrangements that may be executed by a
202	regional consortium for its member districts. A multidistrict
203	contractual arrangement or an agreement under subparagraph 3. is
204	not subject to s. 1001.42(4)(d) and does not require the
205	participating school districts to be contiguous.
206	(d) A charter school may enter into a joint agreement with
207	the school district in which it is located for the charter
208	school's students to participate in the school district's
209	virtual instruction program.
210	(2) PROVIDER QUALIFICATIONS.-
211	(a) No later than October 31 of each year, the department
212	shall provide an application form to providers seeking to
213	operate a virtual instruction program. By March 1 each year, the
214	department shall annually provide school districts with a list
215	of providers approved to offer virtual instruction programs. To
216	be approved by the department, a provider must document that it:
217	1. Is nonsectarian in its programs, admission policies,
218	employment practices, and operations;
219	2. Complies with the antidiscrimination provisions of s.
220	1000.05;
221	3. Locates an administrative office or offices in this
222	state, requires its administrative staff to be state residents,
223	Requires all instructional staff to be state or nationally
224	certified educators Florida-certified teachers under chapter
225	1012, and conducts background screenings for all
226	contracted personnel, as required by s. 1012.32, using state and
227	national criminal history records;
228	4. Possesses prior, successful experience offering online
229	courses to elementary, middle, or high school students; and
230	5. Is accredited by the Southern Association of Colleges
231	and Schools Council on Accreditation and School Improvement, the
232	North Central Association Commission on Accreditation and School
233	Improvement, the Middle States Association of Colleges and
234	Schools Commission on Elementary Schools and Commission on
235	Secondary Schools, the New England Association of Schools and
236	Colleges, the Northwest Association of Accredited Schools, the
237	Western Association of Schools and Colleges, or the Commission
238	on International and Trans-Regional Accreditation;.
239	6. Has a detailed curriculum plan that illustrates how
240	students will be provided services to attain proficiency in the
241	Next Generation Sunshine State Standards;
242	7. Has a method for determining that a student has
243	satisfied the requirements for graduation under s. 1003.428 or
244	s. 1003.429 if the contract is for the provision of a full-time
245	virtual instruction program to students in grades 9 through 12;
246	and
247	8. Has provided to the department a parent handbook that
248	outlines parental participation and required responsibilities
249	for participation in the program.
250	(b) An approved provider shall retain its approved status
251	for a period of 3 years after the date of the department's
252	approval under paragraph (a) as long as the provider continues
253	to comply with all requirements of this section.
254	(3) SCHOOL DISTRICT VIRTUAL INSTRUCTION PROGRAM
255	REQUIREMENTS.-Each school district virtual instruction program
256	under this section must:
257	(a) Align virtual course curriculum and course content to
258	the Next Generation Sunshine State Standards under s. 1003.41.
259	(b) Offer instruction that is designed to enable a student
260	to gain proficiency in each virtually delivered course of study.
261	(c) Provide each student enrolled in the program with all
262	the necessary instructional materials.
263	(d) Provide to, when appropriate, each full-time student
264	enrolled in the program who meets the eligibility requirements
265	for free or reduced-priced lunch and who does not have a
266	computer or Internet access in his or her home with:
267	1. All equipment necessary for participants in the school
268	district virtual instruction program, including, but not limited
269	to, a computer, computer monitor, and printer if a printer is
270	required to participate in the program; and
271	2. Access to or reimbursement for all Internet services
272	necessary for online delivery of instruction.
273	(e) Not require tuition or student registration fees.
274	(f) Provide access to the district's testing facilities to
275	students enrolled in the virtual instruction program, a virtual
276	charter school, the Florida Virtual School, or a franchise of
277	the Florida Virtual School who are required or who choose to
278	participate in state assessments.
279	(4) CONTRACT REQUIREMENTS.-Each contract with an approved
280	provider must at minimum:
281	(a) Set forth a detailed curriculum plan that illustrates
282	how students will be provided services to attain proficiency in
283	the Sunshine State Standards.
284	(b) Provide a method for determining that a student has
285	satisfied the requirements for graduation in s. 1003.428, s.
286	1003.429, or s. 1003.43 if the contract is for the provision of
287	a full-time virtual instruction program to students in grades 9
288	through 12.
289	(a)(c) Specify a method for resolving conflicts among the
290	parties.
291	(b)(d) Specify authorized reasons for termination of the
292	contract.
293	(c)(e) Require the approved provider to be responsible for
294	all debts of the school district virtual instruction program if
295	the contract is not renewed or is terminated.
296	(d)(f) Require the approved provider to comply with all
297	requirements of this section.
298	(5) STUDENT ELIGIBILITY AND ENROLLMENT.-
299	(a) A student who is a resident of the state may enroll in
300	a virtual instruction program provided by the school district in
301	which he or she resides or in a virtual instruction program
302	provided by another school district that offers a program not
303	offered in his or her district of residence.
304	(b) Enrollment for the following school year shall be
305	permitted from April 1 through the day prior to the start of the
306	following school year. Enrollment during the current school year
307	shall be permitted through October 1 of that school year. if the
308	student meets at least one of the following conditions:
309	(a) The student has spent the prior school year in
310	attendance at a public school in this state and was enrolled and
311	reported by a public school district for funding during the
312	preceding October and February for purposes of the Florida
313	Education Finance Program surveys.
314	(b) The student is a dependent child of a member of the
315	United States Armed Forces who was transferred within the last
316	12 months to this state from another state or from a foreign
317	country pursuant to the parent's permanent change of station
318	orders.
319	(c) The student was enrolled during the prior school year
320	in a school district virtual instruction program under this
321	section or a K-8 Virtual School Program under s. 1002.415.
322	(6) STUDENT PARTICIPATION REQUIREMENTS.-Each student
323	enrolled in a school district virtual instruction program must:
324	(a) Comply with the compulsory attendance requirements of
325	s. 1003.21. Student attendance must be verified by the school
326	district.
327	(b) Take state assessment tests within the school district
328	in which such student resides, which must provide the student
329	with access to the district's testing facilities.
330	(7) FUNDING.-
331	(a) For purposes of a school district virtual instruction
332	program, "full-time equivalent student" has the same meaning as
333	provided in s. 1011.61(1)(c)1.b.(III) or (IV).
334	(b) For a school district offering a virtual instruction
335	program through a contract with another school district pursuant
336	to subparagraph (1)(c)3., the school district in which the
337	student resides shall report full-time equivalent students for
338	the school district virtual instruction program to the
339	department in a manner prescribed by the department, and funding
340	shall be provided through the Florida Education Finance Program.
341	Funds received by the school district of residence for a student
342	in a virtual instruction program provided by another school
343	district under this section shall be transferred to the school
344	district providing the virtual instruction program.
345	(c) For a school district offering a virtual instruction
346	program pursuant to subparagraph (1)(c)1. or 2., the school
347	district providing the virtual instruction program to the
348	student, regardless of the student's district of residence,
349	shall report full-time equivalent students for the school
350	district virtual instruction program to the department in a
351	manner prescribed by the department, and funding shall be
352	provided through the Florida Education Finance Program.
353	(8) ASSESSMENT AND ACCOUNTABILITY.-
354	(a) Each approved provider contracted under this section
355	must:
356	1. Participate in the statewide assessment program under
357	s. 1008.22 and in the state's education performance
358	accountability system under s. 1008.31.
359	2. Receive a school grade under s. 1008.34 or a school
360	improvement rating under s. 1008.341, as applicable. The school
361	grade or school improvement rating received by each approved
362	provider shall be based upon the aggregated assessment scores of
363	all students served by the provider statewide. The department
364	shall publish the school grade or school improvement rating
365	received by each approved provider on its Internet website.
366	(b) The performance of part-time students in grades 9
367	through 12 shall not be included for purposes of school grades
368	or school improvement ratings under subparagraph (a)2.; however,
369	their performance shall be included for school grading or school
370	improvement rating purposes by the nonvirtual school providing
371	the student's primary instruction.
372	(c) An approved provider that receives a school grade of
373	"D" or "F" under s. 1008.34 or a school improvement rating of
374	"Declining" under s. 1008.341 must file a school improvement
375	plan with the department for consultation to determine the
376	causes for low performance and to develop a plan for correction
377	and improvement.
378	(c)(d) An approved provider's contract must be terminated
379	if the provider receives a school grade of "D" or "F" under s.
380	1008.34 or a school improvement rating of "Declining" under s.
381	1008.341 for 2 years during any consecutive 4-year period. A
382	provider that has a contract terminated under this paragraph may
383	not be an approved provider for a period of at least 1 year
384	after the date upon which the contract was terminated and until
385	the department determines that the provider is in compliance
386	with subsection (2) and has corrected each cause of the
387	provider's low performance.
388	(9) EXCEPTIONS.-A provider of digital or online content or
389	curriculum that is used to supplement the instruction of
390	students who are not enrolled in a school district virtual
391	instruction program under this section is not required to meet
392	the requirements of this section.
393	(10) MARKETING.-The department shall post on its website
394	information for students on the virtual instruction programs
395	available in each school district. The posting must include
396	information on a student's right to participate in programs and
397	courses offered by a school district other than the one in which
398	the student resides. School districts shall differentiate
399	between a school district virtual instruction program, the
400	Florida Virtual School, a franchise of the Florida Virtual
401	School, and a home education program. Each school district shall
402	provide information annually to parents and students about the
403	parent's and student's right and the parent's responsibilities
404	to participate in a school district virtual instruction program
405	under this section and in courses offered by the Florida Virtual
406	School under s. 1002.37. A school district shall post on the
407	district's website information regarding online instruction
408	opportunities, including an online link to the websites of
409	approved providers.
410	(11) RULES.-The State Board of Education shall adopt rules
411	necessary to administer this section, including rules that
412	prescribe school district reporting requirements under
413	subsection (7).
414	(12) STUDY.-The department shall review the advisability
415	of legislatively authorizing school districts to contract with
416	approved private providers for the provision of part-time
417	virtual instruction programs for students in grades 9 through 12
418	who are not enrolled in programs under ss. 1003.52 and 1003.53.
419	The department shall report its findings and recommendations to
420	the presiding officers of the Legislature and the Governor by
421	January 15, 2010.
422	Section 6. Section 1002.452, Florida Statutes, is created
423	to read:
424	1002.452 Virtual instruction courses.-
425	(1) A virtual instruction course is a course of
426	instruction provided in an interactive learning environment
427	created through technology in which students are separated from
428	their teachers by time or space, or both, at least 25 percent of
429	the time and in which a certified teacher is responsible for
430	planning instruction, diagnosing learning needs, prescribing
431	content delivery, assessing student learning, reporting
432	outcomes, and evaluating the effects of instruction.
433	(2) Students attending K-12 public schools, including
434	charter schools, may take virtual instruction courses while
435	enrolled full-time at a public school. A virtual instruction
436	course taken by a student while enrolled in a public school
437	shall count toward academic credit and for purposes of
438	attendance as if the student took the course in a nonvirtual
439	setting. Funding to a public school, including a charter school,
440	for a student taking a virtual instruction course pursuant to
441	this section shall be as if the student were attending all
442	courses in a nonvirtual setting.
443	Section 7. Subsection (1) of section 1003.428, Florida
444	Statutes, is amended to read:
445	1003.428 General requirements for high school graduation;
446	revised.-
447	(1) Except as otherwise authorized pursuant to s.
448	1003.429, beginning with students entering their first year of
449	high school in the 2007-2008 school year, graduation requires
450	the successful completion of a minimum of 24 credits, an
451	International Baccalaureate curriculum, or an Advanced
452	International Certificate of Education curriculum. Students must
453	be advised of eligibility requirements for state scholarship
454	programs and postsecondary admissions. For students entering
455	their first year of high school in the 2010-2011 school year, at
456	least one of the minimum 24 credits shall be taken online.
457	However, an online course taken during grades 6 through 8
458	fulfills this requirement.
459	Section 8. Subsection (1) of section 1006.28, Florida
460	Statutes, is amended to read:
461	1006.28 Duties of district school board, district school
462	superintendent; and school principal regarding K-12
463	instructional materials.-
464	(1) DISTRICT SCHOOL BOARD.-The district school board has
465	the duty to provide adequate instructional materials for all
466	students in accordance with the requirements of this part. The
467	term "adequate instructional materials" means a sufficient
468	number of textbooks or sets of materials that are available in
469	bound, unbound, kit, or package form and may consist of hard-
470	backed or soft-backed textbooks, consumables, learning
471	laboratories, manipulatives, electronic media, and computer
472	hardware, courseware, or software that serve as the basis for
473	instruction for each student in the core courses of mathematics,
474	language arts, social studies, science, reading, and literature,
475	except for instruction for which the school advisory council
476	approves the use of a program that does not include a textbook
477	as a major tool of instruction. The district school board has
478	the following specific duties:
479	(a) Courses of study; adoption.-Adopt courses of study for
480	use in the schools of the district.
481	(b) Textbooks.-Provide for proper requisitioning,
482	distribution, accounting, storage, care, and use of all
483	instructional materials furnished by the state and furnish such
484	other instructional materials as may be needed. The district
485	school board shall assure that instructional materials used in
486	the district are consistent with the district goals and
487	objectives and the curriculum frameworks adopted by rule of the
488	State Board of Education, as well as with the state and district
489	performance standards provided for in s. 1001.03(1).
490	(c) Other instructional materials.-Provide such other
491	teaching accessories and aids as are needed for the school
492	district's educational program.
493	(d) School library media services; establishment and
494	maintenance.-Establish and maintain a program of school library
495	media services for all public schools in the district, including
496	school library media centers, or school library media centers
497	open to the public, and, in addition such traveling or
498	circulating libraries as may be needed for the proper operation
499	of the district school system.
500	Section 9. Subsection (4) of section 1006.40, Florida
501	Statutes, is amended to read:
502	1006.40 Use of instructional materials allocation;
503	instructional materials, library books, and reference books;
504	repair of books.-
505	(4) The funds described in subsection (3) which district
506	school boards may use to purchase materials not on the state-
507	adopted list shall be used for the purchase of instructional
508	materials or other items having intellectual content which
509	assist in the instruction of a subject or course. These items
510	may be available in bound, unbound, kit, or package form and may
511	consist of hardbacked or softbacked textbooks, replacements for
512	items which were part of previously purchased instructional
513	materials, consumables, learning laboratories, manipulatives,
514	electronic media, computer hardware, courseware, or software,
515	and other commonly accepted instructional tools as prescribed by
516	district school board rule. The funds available to district
517	school boards for the purchase of materials not on the state-
518	adopted list may not be used to purchase electronic or computer
519	hardware unless even if such hardware is bundled with software
520	or other electronic media, nor may such funds be used to
521	purchase equipment or supplies. However, when authorized to do
522	so in the General Appropriations Act, a school or district
523	school board may use a portion of the funds available to it for
524	the purchase of materials not on the state-adopted list to
525	purchase science laboratory materials and supplies.
526	Section 10. Subsection (1) of section 1011.61, Florida
527	Statutes, is amended to read:
528	1011.61 Definitions.-Notwithstanding the provisions of s.
529	1000.21, the following terms are defined as follows for the
530	purposes of the Florida Education Finance Program:
531	(1) A "full-time equivalent student" in each program of
532	the district is defined in terms of full-time students and part-
533	time students as follows:
534	(a) A "full-time student" is one student on the membership
535	roll of one school program or a combination of school programs
536	listed in s. 1011.62(1)(c) for the school year or the equivalent
537	for:
538	1. Instruction in a standard school, comprising not less
539	than 900 net hours for a student in or at the grade level of 4
540	through 12, or not less than 720 net hours for a student in or
541	at the grade level of kindergarten through grade 3 or in an
542	authorized prekindergarten exceptional program;
543	2. Instruction in a double-session school or a school
544	utilizing an experimental school calendar approved by the
545	Department of Education, comprising not less than the equivalent
546	of 810 net hours in grades 4 through 12 or not less than 630 net
547	hours in kindergarten through grade 3; or
548	3. Instruction comprising the appropriate number of net
549	hours set forth in subparagraph 1. or subparagraph 2. for
550	students who, within the past year, have moved with their
551	parents for the purpose of engaging in the farm labor or fish
552	industries, if a plan furnishing such an extended school day or
553	week, or a combination thereof, has been approved by the
554	commissioner. Such plan may be approved to accommodate the needs
555	of migrant students only or may serve all students in schools
556	having a high percentage of migrant students. The plan described
557	in this subparagraph is optional for any school district and is
558	not mandated by the state.
559	(b) A "part-time student" is a student on the active
560	membership roll of a school program or combination of school
561	programs listed in s. 1011.62(1)(c) who is less than a full-time
562	student.
563	(c)1. A "full-time equivalent student" is:
564	a. A full-time student in any one of the programs listed
565	in s. 1011.62(1)(c); or
566	b. A combination of full-time or part-time students in any
567	one of the programs listed in s. 1011.62(1)(c) which is the
568	equivalent of one full-time student based on the following
569	calculations:
570	(I) A full-time student, except a postsecondary or adult
571	student or a senior high school student enrolled in adult
572	education when such courses are required for high school
573	graduation, in a combination of programs listed in s.
574	1011.62(1)(c) shall be a fraction of a full-time equivalent
575	membership in each special program equal to the number of net
576	hours per school year for which he or she is a member, divided
577	by the appropriate number of hours set forth in subparagraph
578	(a)1. or subparagraph (a)2. The difference between that fraction
579	or sum of fractions and the maximum value as set forth in
580	subsection (4) for each full-time student is presumed to be the
581	balance of the student's time not spent in such special
582	education programs and shall be recorded as time in the
583	appropriate basic program.
584	(II) A prekindergarten handicapped student shall meet the
585	requirements specified for kindergarten students.
586	(III) A full-time equivalent student for students in
587	kindergarten through grade 5 in a school district virtual
588	instruction program under s. 1002.45, in a virtual charter
589	school that offers full-time online instruction, or in a public
590	school, including a charter school, that offers virtual
591	instruction courses shall consist of a student who has
592	successfully completed six courses, or the prescribed level of
593	content, in a basic program listed in s. 1011.62(1)(c)1.a. or b.
594	or, and who is promoted to a higher grade level. A student who
595	completes less than six courses or the prescribed level of
596	content shall be calculated at a fraction of a full-time
597	equivalent student. The State Board of Education shall adopt
598	rules defining a fraction of a full-time equivalent for students
599	in kindergarten through grade 5 who are in a school district
600	virtual instruction program under s. 1002.45, in a virtual
601	charter school that offers full-time online instruction, or in a
602	public school, including a charter school, that offers virtual
603	instruction courses.
604	(IV) A full-time equivalent student for students in grades
605	6 through 12 in a school district virtual instruction program
606	under s. 1002.45(1)(b)1. and 2., in a virtual charter school
607	that offers full-time online instruction, or in a public school,
608	including a charter school, that offers virtual instruction
609	courses shall consist of six full credit completions in programs
610	listed in s. 1011.62(1)(c)1.b. or c. and 3. Credit completions
611	can be a combination of either full credits or half credits.
612	(V) A Florida Virtual School full-time equivalent student
613	shall consist of six full credit completions in the programs
614	listed in s. 1011.62(1)(c)1.a. and b. for kindergarten grades 6
615	through grade 8 and the programs listed in s. 1011.62(1)(c)1.c.
616	for grades 9 through 12. Credit completions can be a combination
617	of either full credits or half credits.
618	(VI) Each successfully completed credit earned under the
619	alternative high school course credit requirements authorized in
620	s. 1002.375, which is not reported as a portion of the 900 net
621	hours of instruction pursuant to subparagraph (1)(a)1., shall be
622	calculated as 1/6 FTE.
623	2. A student in membership in a program scheduled for more
624	or less than 180 school days or the equivalent on an hourly
625	basis as specified by rules of the State Board of Education is a
626	fraction of a full-time equivalent membership equal to the
627	number of instructional hours in membership divided by the
628	appropriate number of hours set forth in subparagraph (a)1.;
629	however, for the purposes of this subparagraph, membership in
630	programs scheduled for more than 180 days is limited to students
631	enrolled in juvenile justice education programs and the Florida
632	Virtual School.
633
634	The department shall determine and implement an equitable method
635	of equivalent funding for experimental schools and for schools
636	operating under emergency conditions, which schools have been
637	approved by the department to operate for less than the minimum
638	school day.
639	Section 11. Section 1012.57, Florida Statutes, is amended
640	to read:
641	1012.57 Certification of adjunct educators.-
642	(1) Notwithstanding the provisions of ss. 1012.32,
643	1012.55, and 1012.56, or any other provision of law or rule to
644	the contrary, district school boards shall adopt rules to allow
645	for the issuance of an adjunct teaching certificate to any
646	applicant who fulfills the requirements of s. 1012.56(2)(a)-(f)
647	and (10) and who has expertise in the subject area to be taught.
648	An applicant shall be considered to have expertise in the
649	subject area to be taught if the applicant demonstrates
650	sufficient subject area mastery through passage of a subject
651	area test. The adjunct teaching certificate shall be used for
652	part-time teaching positions.
653	(2) This section shall The intent of this provision is to
654	allow:
655	(a) School districts to tap the wealth of talent and
656	expertise represented in Florida's citizens who may wish to
657	teach part-time in a Florida public school by permitting school
658	districts to issue adjunct certificates to qualified applicants.
659	(b) School districts to tap the wealth of talent and
660	expertise of individuals in state or out of state who may wish
661	to provide online instruction to Florida students by permitting
662	school districts to issue adjunct certificates to qualified
663	applicants.
664	(3) Adjunct certificateholders should be used as a
665	strategy to:
666	(a) Enhance the diversity of course offerings offered to
667	all Florida students;
668	(b) Provide rigorous course offerings for students in
669	subjects for which the demand does not require a full-time
670	educator; or
671	(c) Reduce the teacher shortage; thus, adjunct
672	certificateholders should supplement a school's instructional
673	staff, not supplant it. Each school principal shall assign an
674	experienced peer mentor to assist the adjunct teaching
675	certificateholder during the certificateholder's first year of
676	teaching, and an adjunct certificateholder may participate in a
677	district's new teacher training program. District school boards
678	shall provide the adjunct teaching certificateholder an
679	orientation in classroom management prior to assigning the
680	certificateholder to a school.
681	(4) Each adjunct teaching certificate is valid through the
682	term of the contract between the educator and the school
683	district for 5 school years and is renewable if the applicant
684	has received satisfactory performance evaluations during each
685	year of teaching under adjunct teaching certification.
686	(2) Individuals who are certified and employed under this
687	section shall have the same rights and protection of laws as
688	teachers certified under s. 1012.56.
689	Section 12. This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.