Bill Text: FL S1514 | 2013 | Regular Session | Enrolled


Bill Title: Education

Spectrum: Committee Bill

Status: (Passed) 2013-05-20 - Chapter No. 2013-45, companion bill(s) passed, see CS/HB 7029 (Ch. 2013-225), CS/CS/SB 1076 (Ch. 2013-27), CS/SB 1096 (Ch. 2013-35), SB 1500 (Ch. 2013-40) [S1514 Detail]

Download: Florida-2013-S1514-Enrolled.html
       ENROLLED
       2013 Legislature                          SB 1514, 2nd Engrossed
       
       
       
       
       
       
                                                             20131514er
    1  
    2         An act relating to education; amending ss. 288.8175
    3         and 1000.21, F.S.; renaming Brevard Community College
    4         as “Eastern Florida State College”; repealing s.
    5         1001.27, F.S., relating to a state satellite network;
    6         amending s. 1001.28, F.S.; deleting a duty of the
    7         Department of Education to manage the state’s
    8         satellite transponder resources; amending s. 1001.281,
    9         F.S.; revising funds deposited in the Operating Trust
   10         Fund; amending s. 1001.42, F.S.; revising district
   11         school board duties relating to virtual instruction;
   12         amending s. 1002.3305, F.S.; revising a definition;
   13         authorizing the state’s program of education to
   14         receive state and federal funding that may be
   15         transferred between state agencies to provide for
   16         operations of the college-preparatory boarding
   17         academy; authorizing the college-preparatory boarding
   18         academy to enter into an agreement with the Department
   19         of Children and Families to admit certain students and
   20         to develop an alternative admissions process; amending
   21         s. 1002.37, F.S.; revising and clarifying requirements
   22         for reporting and funding a full-time equivalent
   23         student in the Florida Virtual School; providing
   24         requirements for funding a home education student
   25         enrolled in the Florida Virtual School; requiring the
   26         school district in which a student is enrolled to
   27         report the courses delivered by the Florida Virtual
   28         School on a public school campus; providing reporting
   29         requirements relating to Florida Virtual School
   30         Global; amending s. 1002.45, F.S.; authorizing a
   31         school district to provide part-time virtual
   32         instruction for K-12 students in all courses; revising
   33         requirements for the use of virtual instruction in
   34         core-curricula courses for the purpose of meeting
   35         class size requirements; authorizing a district to
   36         report full-time equivalent membership for credit
   37         earned by a student who is enrolled in a virtual
   38         education course under certain circumstances; revising
   39         requirements for approval as a provider of virtual
   40         instruction programs; providing requirements for
   41         conditional approval; revising and clarifying the
   42         requirements for reporting and funding a full-time
   43         equivalent student enrolled in a virtual instruction
   44         program; amending s. 1003.498, F.S.; requiring the
   45         Department of Education to provide identifiers for
   46         courses to designate their use for blended learning
   47         courses; authorizing a district to report full-time
   48         equivalent membership for credit earned by a student
   49         who is enrolled in a virtual education course under
   50         certain circumstances; removing restrictions on
   51         students taking online courses across district lines;
   52         clarifying the requirements for reporting a full-time
   53         equivalent student; prohibiting a school district from
   54         requiring a public school student to take an online
   55         course at certain times or places; amending s.
   56         1006.29, F.S.; requiring the department to publish
   57         technology requirements related to instructional
   58         materials; amending s. 1006.73, F.S.; revising
   59         purposes, duties, and responsibilities of the Florida
   60         Virtual Campus; amending s. 1007.271, F.S.; revising
   61         provisions relating to the full-time equivalent
   62         student membership value for dual enrolled students;
   63         revising dual enrollment articulation agreement
   64         requirements; revising funding provisions delineating
   65         costs incurred by the institution providing
   66         instruction; amending s. 1009.24, F.S.; revising the
   67         date in which the Board of Governors is required to
   68         submit a report regarding tuition differential;
   69         repealing s. 1010.79, F.S., relating to the Sophomore
   70         Level Test Trust Fund; terminating the Sophomore Level
   71         Test Trust Fund and providing for the transfer of
   72         funds and payment of outstanding obligations; amending
   73         s. 1010.81, F.S.; renaming the Knott Data Center
   74         Working Capital Trust Fund and revising the deposit
   75         and use of funds; amending s. 1011.61, F.S.; revising
   76         and clarifying the definition of a full-time
   77         equivalent student; revising provisions relating to
   78         funding based on student completion of end-of-course
   79         examinations; revising provisions relating to the
   80         maximum value for funding a student; amending s.
   81         1011.62, F.S.; revising the fiscal years in which
   82         certain school districts may use funds for
   83         supplemental academic instruction and research-based
   84         reading instruction to provide additional intensive
   85         reading instruction; revising provisions relating to
   86         the full-time equivalent student membership value for
   87         dual enrolled students; creating s. 1011.622, F.S.;
   88         providing for funding adjustments for students without
   89         a common student identifier; amending ss. 1012.885,
   90         1012.886, 1012.975, and 1012.976, F.S.; extending
   91         indefinitely provisions relating to remuneration of
   92         Florida College System institution presidents, Florida
   93         College System institution administrative employees,
   94         state university presidents, and state university
   95         administrative employees; specifying the formula to be
   96         used for the 2012-2013 fiscal year in calculating the
   97         alternate compliance calculation amounts to the class
   98         size operating categorical fund, notwithstanding
   99         certain other provisions of law; requiring that the
  100         Commissioner of Education modify payments to school
  101         districts; authorizing a school board or charter
  102         school board to distribute salary increases at any
  103         time before a specified month; authorizing a state
  104         university to enter into a local development agreement
  105         with an affected host local government for specified
  106         purposes; authorizing a university board of trustees
  107         to expend reserve or carryforward balances from
  108         previous years’ appropriations for deferred
  109         maintenance needs at a specified civic center;
  110         requiring the Commissioner of Education to
  111         recalculate, and the principals of the Florida
  112         Education Finance Program Appropriation Allocation
  113         Conference to replicate, certain school district
  114         allocations by a specified date; providing a basis for
  115         the revised allocations; requiring the revised
  116         allocations to be calculated for certain districts and
  117         lab schools; providing effective dates.
  118  
  119  Be It Enacted by the Legislature of the State of Florida:
  120  
  121         Section 1. Paragraph (e) of subsection (4) of section
  122  288.8175, Florida Statutes, is amended to read:
  123         288.8175 Linkage institutes between postsecondary
  124  institutions in this state and foreign countries.—
  125         (4) The institutes are:
  126         (e) Florida-China Institute (University of West Florida,
  127  University of South Florida, and Eastern Florida State Brevard
  128  Community College).
  129         Section 2. Paragraph (a) of subsection (3) of section
  130  1000.21, Florida Statutes, is amended to read:
  131         1000.21 Systemwide definitions.—As used in the Florida K-20
  132  Education Code:
  133         (3) “Florida College System institution” except as
  134  otherwise specifically provided, includes all of the following
  135  public postsecondary educational institutions in the Florida
  136  College System and any branch campuses, centers, or other
  137  affiliates of the institution:
  138         (a) Eastern Florida State Brevard Community College, which
  139  serves Brevard County.
  140         Section 3. Section 1001.27, Florida Statutes, is repealed.
  141         Section 4. Subsections (8) and (9) of section 1001.28,
  142  Florida Statutes, are amended to read:
  143         1001.28 Distance learning duties.—The duties of the
  144  Department of Education concerning distance learning include,
  145  but are not limited to, the duty to:
  146         (8) Manage the state’s satellite transponder resources and
  147  enter into lease agreements to maximize the use of available
  148  transponder time. All net revenue realized through the leasing
  149  of available transponder time, after deducting the costs of
  150  performing the management function, shall be recycled to support
  151  the public education distance learning in this state based upon
  152  an allocation formula of one-third to the Department of
  153  Education, one-third to Florida College System institutions, and
  154  one-third to state universities.
  155         (8)(9) Hire appropriate staff which may include a position
  156  that shall be exempt from part II of chapter 110 and is included
  157  in the Senior Management Service in accordance with s. 110.205.
  158  
  159  Nothing in this section shall be construed to abrogate,
  160  supersede, alter, or amend the powers and duties of any state
  161  agency, district school board, Florida College System
  162  institution board of trustees, university board of trustees, the
  163  Board of Governors, or the State Board of Education.
  164         Section 5. Subsection (2) of section 1001.281, Florida
  165  Statutes, is amended to read:
  166         1001.281 Operating Trust Fund.—
  167         (2) The fund is established for use as a depository for
  168  funds to be used for program operations funded by program
  169  revenues. Moneys to be credited to the trust fund include, but
  170  are not limited to, revenues received from the payment of fees
  171  associated with high school equivalency examinations leasing of
  172  available transponder time for the state’s satellite transponder
  173  resources.
  174         Section 6. Subsection (23) of section 1001.42, Florida
  175  Statutes, is amended to read:
  176         1001.42 Powers and duties of district school board.—The
  177  district school board, acting as a board, shall exercise all
  178  powers and perform all duties listed below:
  179         (23) FLORIDA VIRTUAL INSTRUCTION SCHOOL.—Provide students
  180  with access to courses available through a virtual instruction
  181  program option, including the Florida Virtual School and other
  182  approved providers, and award credit for successful completion
  183  of such courses. Access shall be available to students during
  184  and after the normal school day and through summer school
  185  enrollment.
  186         Section 7. Paragraph (b) of subsection (2) and subsections
  187  (7) and (10) of section 1002.3305, Florida Statutes, are amended
  188  to read:
  189         1002.3305 College-Preparatory Boarding Academy Pilot
  190  Program for at-risk students.—
  191         (2) DEFINITIONS.—As used in this section, the term:
  192         (b) “Eligible student” means a student who is a resident of
  193  the state and entitled to attend school in a participating
  194  school district, is at risk of academic failure, is currently
  195  enrolled in grade 5 or 6, is from a family whose gross income is
  196  at or below 200 percent of the federal poverty guidelines, is
  197  eligible for benefits or services funded by Temporary Assistance
  198  for Needy Families (TANF) or Title IV-E of the Social Security
  199  Act, and who meets at least one of the following additional risk
  200  factors:
  201         1. The child is in foster care or has been declared an
  202  adjudicated dependent by a court.
  203         2. The student’s head of household is not the student’s
  204  custodial parent.
  205         3. The student resides in a household that receives a
  206  housing voucher or has been determined eligible for public
  207  housing assistance.
  208         4. A member of the student’s immediate family has been
  209  incarcerated.
  210         5. The child is covered under the terms of the state’s
  211  Child Welfare Waiver Demonstration project with the United
  212  States Department of Health and Human Services.
  213         (7) FUNDING.—The college-preparatory boarding academy must
  214  be a public school and part of the state’s program of education.
  215  If The program may receive receives state and federal funding
  216  from noneducation sources, and such funds may be transferred
  217  between state agencies to provide for the operations of the
  218  program. The State Board of Education shall coordinate,
  219  streamline, and simplify any requirements to eliminate
  220  duplicate, redundant, or conflicting requirements and oversight
  221  by various governmental programs or agencies. Funding for the
  222  operation of the boarding academy is contingent on the
  223  development of a plan by the Department of Education, the
  224  Department of Juvenile Justice, and the Department of Children
  225  and Family Services which details how educational and
  226  noneducational funds that would otherwise be committed to the
  227  students in the school and their families can be repurposed to
  228  provide for the operation of the school and related services.
  229  Such plans must be based on federal and state funding streams
  230  for children and families meeting the eligibility criteria for
  231  eligible students as specified in paragraph (2)(b) and include
  232  recommendations for modifications to the criteria for eligible
  233  students which further the program’s goals or improve the
  234  feasibility of using existing funding sources. The plan shall be
  235  submitted, together with relevant budget requests, through the
  236  legislative budget request process under s. 216.023 or through
  237  requests for budget amendments to the Legislative Budget
  238  Commission in accordance with s. 216.181.
  239         (10) ADMISSION.—An eligible student may apply for admission
  240  to the program. If more eligible students apply for admission
  241  than the number of students permitted by the capacity
  242  established by the board of trustees, admission shall be
  243  determined by lottery. The college preparatory boarding academy
  244  may enter into an agreement with the Department of Children and
  245  Families to admit a designated number of students who are
  246  covered under the state’s Child Welfare Waiver Demonstration
  247  project and develop an alternative admissions process for these
  248  eligible students.
  249         Section 8. Paragraphs (a) and (d) of subsection (3),
  250  subsection (6), and paragraph (b) of subsection (8) of section
  251  1002.37, Florida Statutes, are amended to read:
  252         1002.37 The Florida Virtual School.—
  253         (3) Funding for the Florida Virtual School shall be
  254  provided as follows:
  255         (a)1. For a student in grades 9 through 12, a “full-time
  256  equivalent student” is one student who has successfully
  257  completed six full-credit courses that count toward the minimum
  258  number of credits required for high school graduation. A student
  259  who completes fewer than six full-credit courses is a fraction
  260  of a full-time equivalent student. Half-credit course
  261  completions shall be included in determining a full-time
  262  equivalent student. Credit completed by a student in excess of
  263  the minimum required for that student for high school graduation
  264  is not eligible for funding.
  265         2. For a student in kindergarten through grade 8, a “full
  266  time equivalent student” is one student who has successfully
  267  completed six courses or the prescribed level of content that
  268  counts toward promotion to the next grade. A student who
  269  completes fewer than six courses or the prescribed level of
  270  content shall be a fraction of a full-time equivalent student.
  271         3. For a student in a home education program, funding shall
  272  be provided in accordance with this subsection upon course
  273  completion if the parent verifies, upon enrollment for each
  274  course, that the student is registered with the school district
  275  as a home education student pursuant to s. 1002.41(1)(a).
  276  Beginning in the 2016-2017 2014-2015 fiscal year, when s.
  277  1008.22(3)(g) is implemented, the reported full-time equivalent
  278  students and associated funding of students enrolled in courses
  279  requiring passage of an end-of-course assessment under s.
  280  1003.4282 to earn a standard high school diploma shall be
  281  adjusted if after the student does not pass completes the end
  282  of-course assessment. However, no adjustment shall be made for
  283  home education program students who choose not to take an end
  284  of-course assessment or for a student who enrolls in a segmented
  285  remedial course delivered online.
  286  
  287  For purposes of this paragraph, the calculation of “full-time
  288  equivalent student” shall be as prescribed in s.
  289  1011.61(1)(c)1.b.(V) and is subject to the requirements in s.
  290  1011.61(4).
  291         (d) Full-time equivalent student credit completion for
  292  courses offered through the Florida Virtual School shall be
  293  reported only by the Florida Virtual School. School districts
  294  shall report full-time equivalent student membership only for
  295  courses for which the district provides the instruction. Courses
  296  delivered by the Florida Virtual School on a public school
  297  campus shall be reported only by the school district in which
  298  the student is enrolled.
  299         (6) The board of trustees shall annually submit to the
  300  Governor, the Legislature, the Commissioner of Education, and
  301  the State Board of Education a complete and detailed report
  302  setting forth:
  303         (a) The operations and accomplishments of the Florida
  304  Virtual School within the state and those occurring outside the
  305  state as Florida Virtual School Global.
  306         (b) The marketing and operational plan for the Florida
  307  Virtual School and Florida Virtual School Global, including
  308  recommendations regarding methods for improving the delivery of
  309  education through the Internet and other distance learning
  310  technology.
  311         (c) The assets and liabilities of the Florida Virtual
  312  School and Florida Virtual School Global at the end of the
  313  fiscal year.
  314         (d) A copy of an annual financial audit of the accounts and
  315  records of the Florida Virtual School and Florida Virtual School
  316  Global, conducted by an independent certified public accountant
  317  and performed in accordance with rules adopted by the Auditor
  318  General.
  319         (e) Recommendations regarding the unit cost of providing
  320  services to students through the Florida Virtual School and
  321  Florida Virtual School Global. In order to most effectively
  322  develop public policy regarding any future funding of the
  323  Florida Virtual School, it is imperative that the cost of the
  324  program is accurately identified. The identified cost of the
  325  program must be based on reliable data.
  326         (f) Recommendations regarding an accountability mechanism
  327  to assess the effectiveness of the services provided by the
  328  Florida Virtual School and Florida Virtual School Global.
  329         (8)
  330         (b) For students receiving part-time instruction in
  331  kindergarten through grade 5 and students receiving full-time
  332  instruction in kindergarten through grade 12 from the Florida
  333  Virtual School, the full-time equivalent student enrollment
  334  calculated under this subsection is subject to the requirements
  335  in s. 1011.61(4) combined total of all FTE reported by both the
  336  school district and the Florida Virtual School may not exceed
  337  1.0 FTE.
  338         Section 9. Paragraphs (b), (c), and (d) of subsection (1),
  339  paragraph (a) of subsection (2), and subsection (7) of section
  340  1002.45, Florida Statutes, are amended to read:
  341         1002.45 Virtual instruction programs.—
  342         (1) PROGRAM.—
  343         (b) Each school district that is eligible for the sparsity
  344  supplement pursuant to s. 1011.62(7)(a) and (b) shall provide
  345  all enrolled public school students within its boundaries the
  346  option of participating in part-time and full-time virtual
  347  instruction programs. Each school district that is not eligible
  348  for the sparsity supplement pursuant to s. 1011.62(7)(a) and (b)
  349  shall provide at least three options for part-time and full-time
  350  virtual instruction. All school districts must provide parents
  351  with timely written notification of at least one open enrollment
  352  period for full-time students of 90 days or more which ends 30
  353  days before the first day of the school year. The purpose of the
  354  program is to make quality virtual instruction available to
  355  students using online and distance learning technology in the
  356  nontraditional classroom. A school district virtual instruction
  357  program shall consist of the following:
  358         1. Full-time and part-time virtual instruction for students
  359  enrolled in kindergarten through grade 12.
  360         2. Part-time virtual instruction for students enrolled in
  361  kindergarten through grade 12 courses that are measured pursuant
  362  to subparagraph (8)(a)2.
  363         2.3. Full-time or part-time virtual instruction for
  364  students enrolled in dropout prevention and academic
  365  intervention programs under s. 1003.53, Department of Juvenile
  366  Justice education programs under s. 1003.52, core-curricula
  367  courses to meet class size requirements under s. 1003.03, or
  368  Florida College System institutions under this section.
  369         (c) To provide students with the option of participating in
  370  virtual instruction programs as required by paragraph (b), a
  371  school district may:
  372         1. Contract with the Florida Virtual School or establish a
  373  franchise of the Florida Virtual School for the provision of a
  374  program under paragraph (b). Using this option is subject to the
  375  requirements of this section and s. 1011.61(1)(c)1.b.(III) and
  376  (IV) and (4). A district may report full-time equivalent student
  377  membership for credit earned by a student who is enrolled in a
  378  virtual education course provided by the district which was
  379  completed after the end of the regular school year if the FTE is
  380  reported no later than the deadline for amending the final
  381  student membership report for that year 1011.61(1)(c)1.b.(III)
  382  and (IV).
  383         2. Contract with an approved provider under subsection (2)
  384  for the provision of a full-time or part-time program under
  385  paragraph (b) subparagraph (b)1. or subparagraph (b)3. or a
  386  part-time program under subparagraph (b)2. or subparagraph (b)3.
  387         3. Enter into an agreement with other school districts to
  388  allow the participation of its students in an approved virtual
  389  instruction program provided by the other school district. The
  390  agreement must indicate a process for the transfer of funds
  391  required by paragraph (7)(f).
  392         4. Establish school district operated part-time or full
  393  time kindergarten through grade 12 virtual instruction programs
  394  under paragraph (b) for students enrolled in the school
  395  district. A full-time program shall operate under its own Master
  396  School Identification Number.
  397         5. Enter into an agreement with a virtual charter school
  398  authorized by the school district under s. 1002.33.
  399  
  400  Contracts under subparagraph 1. or subparagraph 2. may include
  401  multidistrict contractual arrangements that may be executed by a
  402  regional consortium for its member districts. A multidistrict
  403  contractual arrangement or an agreement under subparagraph 3. is
  404  not subject to s. 1001.42(4)(d) and does not require the
  405  participating school districts to be contiguous. These
  406  arrangements may be used to fulfill the requirements of
  407  paragraph (b).
  408         (d) A virtual charter school may provide full-time virtual
  409  instruction for students in kindergarten through grade 12 if the
  410  virtual charter school has a charter approved pursuant to s.
  411  1002.33 authorizing full-time virtual instruction. A virtual
  412  charter school may:
  413         1. Contract with the Florida Virtual School.
  414         2. Contract with an approved provider under subsection (2).
  415         3. Enter into an agreement with a school district to allow
  416  the participation of the virtual charter school’s students in
  417  the school district’s virtual instruction program. The agreement
  418  must indicate a process for reporting of student enrollment and
  419  the transfer of funds required by paragraph (7)(f).
  420         (2) PROVIDER QUALIFICATIONS.—
  421         (a) The department shall annually publish online a list of
  422  providers approved to offer virtual instruction programs. To be
  423  approved by the department, a provider must document that it:
  424         1. Is nonsectarian in its programs, admission policies,
  425  employment practices, and operations;
  426         2. Complies with the antidiscrimination provisions of s.
  427  1000.05;
  428         3. Locates an administrative office or offices in this
  429  state, requires its administrative staff to be state residents,
  430  requires all instructional staff to be Florida-certified
  431  teachers under chapter 1012, and conducts background screenings
  432  for all employees or contracted personnel, as required by s.
  433  1012.32, using state and national criminal history records;
  434         4. Provides to parents and students specific information
  435  posted and accessible online that includes, but is not limited
  436  to, the following teacher-parent and teacher-student contact
  437  information for each course:
  438         a. How to contact the instructor via phone, e-mail, or
  439  online messaging tools.
  440         b. How to contact technical support via phone, e-mail, or
  441  online messaging tools.
  442         c. How to contact the administration office via phone, e
  443  mail, or online messaging tools.
  444         d. Any requirement for regular contact with the instructor
  445  for the course and clear expectations for meeting the
  446  requirement.
  447         e. The requirement that the instructor in each course must,
  448  at a minimum, conduct one contact via phone with the parent and
  449  the student each month.
  450         5.4. Possesses prior, successful experience offering online
  451  courses to elementary, middle, or high school students as
  452  demonstrated by quantified student learning gains in each
  453  subject area and grade level provided for consideration as an
  454  instructional program option. However, for a provider without
  455  sufficient prior, successful experience offering online courses,
  456  the department may conditionally approve the provider to offer
  457  courses measured pursuant to subparagraph (8)(a)2. Conditional
  458  approval shall be valid for 1 school year only and, based on the
  459  provider’s experience in offering the courses, the department
  460  shall determine whether to grant approval to offer a virtual
  461  instruction program;
  462         6.5. Is accredited by a regional accrediting association as
  463  defined by State Board of Education rule;
  464         7.6. Ensures instructional and curricular quality through a
  465  detailed curriculum and student performance accountability plan
  466  that addresses every subject and grade level it intends to
  467  provide through contract with the school district, including:
  468         a. Courses and programs that meet the standards of the
  469  International Association for K-12 Online Learning and the
  470  Southern Regional Education Board.
  471         b. Instructional content and services that align with, and
  472  measure student attainment of, student proficiency in the Next
  473  Generation Sunshine State Standards.
  474         c. Mechanisms that determine and ensure that a student has
  475  satisfied requirements for grade level promotion and high school
  476  graduation with a standard diploma, as appropriate;
  477         8.7. Publishes for the general public, in accordance with
  478  disclosure requirements adopted in rule by the State Board of
  479  Education, as part of its application as a provider and in all
  480  contracts negotiated pursuant to this section:
  481         a. Information and data about the curriculum of each full
  482  time and part-time program.
  483         b. School policies and procedures.
  484         c. Certification status and physical location of all
  485  administrative and instructional personnel.
  486         d. Hours and times of availability of instructional
  487  personnel.
  488         e. Student-teacher ratios.
  489         f. Student completion and promotion rates.
  490         g. Student, educator, and school performance accountability
  491  outcomes;
  492         9.8. If the provider is a Florida College System
  493  institution, employs instructors who meet the certification
  494  requirements for instructional staff under chapter 1012; and
  495         10.9. Performs an annual financial audit of its accounts
  496  and records conducted by an independent certified public
  497  accountant which is in accordance with rules adopted by the
  498  Auditor General, is conducted in compliance with generally
  499  accepted auditing standards, and includes a report on financial
  500  statements presented in accordance with generally accepted
  501  accounting principles.
  502         (7) VIRTUAL INSTRUCTION PROGRAM AND VIRTUAL CHARTER SCHOOL
  503  FUNDING.—
  504         (a) Students enrolled in a virtual instruction program or a
  505  virtual charter school shall be funded through the Florida
  506  Education Finance Program as provided in the General
  507  Appropriations Act. However, such funds may not be provided for
  508  the purpose of fulfilling the class size requirements in ss.
  509  1003.03 and 1011.685.
  510         (b) For purposes of a virtual instruction program or a
  511  virtual charter school, “full-time equivalent student” has the
  512  same meaning as provided in s. 1011.61(1)(c)1.b.(III) or (IV).
  513         (c) For a student enrolled in a kindergarten through grade
  514  12 virtual instruction program, a “full-time equivalent student”
  515  has the same meaning as provided in s. 1011.61(1)(c)1.b.(III)
  516  and (IV).
  517         (d) The full-time equivalent student membership calculated
  518  under this subsection is subject to the requirements in s.
  519  1011.61(4). A student may not be reported as more than 1.0 full
  520  time equivalent student in any given school year.
  521         (e) Beginning in the 2016-2017 2014-2015 fiscal year, when
  522  s. 1008.22(3)(g) is implemented, the reported full-time
  523  equivalent students and associated funding of students enrolled
  524  in courses requiring passage of an end-of-course assessment
  525  under s. 1003.4282 to earn a standard high school diploma shall
  526  be adjusted if after the student does not pass completes the
  527  end-of-course assessment. However, no adjustment shall be made
  528  for a student who enrolls in a segmented remedial course
  529  delivered online.
  530         (f) The school district providing virtual instruction shall
  531  report full-time equivalent students for a virtual instruction
  532  program or a virtual charter school to the department in a
  533  manner prescribed by the department, and funding shall be
  534  provided through the Florida Education Finance Program.
  535         (g) A Florida College System institution provider may not
  536  report students who are served in a virtual instruction program
  537  for funding under the Florida College System Program Fund.
  538         Section 10. Section 1003.498, Florida Statues, is amended
  539  to read:
  540         1003.498 School district virtual course offerings.—
  541         (1) School districts may deliver courses in the traditional
  542  school setting by personnel certified pursuant to s. 1012.55 who
  543  provide direct instruction through virtual instruction or
  544  through blended learning courses consisting of both traditional
  545  classroom and online instructional techniques. Students in a
  546  blended learning course must be full-time students of the school
  547  and receive the online instruction in a classroom setting at the
  548  school. The funding, performance, and accountability
  549  requirements for blended learning courses are the same as those
  550  for traditional courses. To facilitate the delivery and coding
  551  of blended learning courses, the department shall provide
  552  identifiers for existing courses to designate that they are
  553  being used for blended learning courses for the purpose of
  554  ensuring the efficient reporting of such courses. A district may
  555  report full-time equivalent student membership for credit earned
  556  by a student who is enrolled in a virtual education course
  557  provided by the district which is completed after the end of the
  558  regular school year if the FTE is reported no later than the
  559  deadline for amending the final student membership report for
  560  that year.
  561         (2) School districts may offer virtual courses for students
  562  enrolled in the school district. These courses must be
  563  identified in the course code directory. Students who meet the
  564  eligibility requirements of s. 1002.455 may participate in these
  565  virtual course offerings.
  566         (a) Any eligible student who is enrolled in a school
  567  district may register and enroll in an online course offered by
  568  his or her school district.
  569         (b)1. Any eligible student who is enrolled in a school
  570  district may register and enroll in an online course offered by
  571  any other school district in the state, except as limited by the
  572  following:
  573         1. A student may not enroll in a course offered through a
  574  virtual instruction program provided pursuant to s. 1002.45.
  575         2. A student may not enroll in a virtual course offered by
  576  another school district if:
  577         a. The course is offered online by the school district in
  578  which the student resides; or
  579         b. The course is offered in the school in which the student
  580  is enrolled. However, a student may enroll in an online course
  581  offered by another school district if the school in which the
  582  student is enrolled offers the course but the student is unable
  583  to schedule the course in his or her school.
  584         3. The school district in which the student completes the
  585  course shall report the student’s completion of that course for
  586  funding pursuant to s. 1011.61(1)(c)1.b.(VI), and the home
  587  school district shall not report the student for funding for
  588  that course.
  589         2. The full-time equivalent student membership calculated
  590  under this subsection is subject to the requirements in s.
  591  1011.61(4). For purposes of this paragraph, the combined total
  592  of all school district reported FTE may not be reported as more
  593  than 1.0 full-time equivalent student in any given school year.
  594  The Department of Education shall establish procedures to enable
  595  interdistrict coordination for the delivery and funding of this
  596  online option.
  597         (3) A school district may not require a public school
  598  student to take a course outside the school day that is in
  599  addition to the student’s courses for a given term or on school
  600  grounds.
  601         Section 11. Present subsection (4) of section 1006.29,
  602  Florida Statutes, is renumbered as subsection (5), and a new
  603  subsection (4) is added to that section, to read:
  604         1006.29 State instructional materials reviewers.—
  605         (4) By October 1, 2013, the department shall publish
  606  minimum and recommended technology requirements that include
  607  specifications for hardware, software, networking, security, and
  608  guidelines on the number of students per device necessary to
  609  ensure that students can access all electronic and digital
  610  instructional materials.
  611         Section 12. Paragraphs (b), (c), and (d) of subsection (1),
  612  subsection (2), paragraphs (b) and (c) of subsection (5), and
  613  subsection (6) of section 1006.73, Florida Statutes, are
  614  amended, and paragraph (i) is added to subsection (5) of that
  615  section, to read:
  616         1006.73 Florida Virtual Campus.—
  617         (1) The Florida Virtual Campus is established to provide
  618  access to online student and library support services and to
  619  serve as a statewide resource and clearinghouse for public
  620  postsecondary education distance learning courses and degree
  621  programs. The primary purposes of the Florida Virtual Campus are
  622  to:
  623         (b) Provide information and Enhance and expand educational
  624  access to distance learning courses and degree programs offered
  625  by the state’s and increase public postsecondary education
  626  institutions degree attainment across the state.
  627         (c) Coordinate with the Florida College System and the
  628  State University System to identify and provide online academic
  629  support services and resources when the multi-institutional
  630  provision of such services and resources is more cost or
  631  operationally effective. Address the educational needs of
  632  traditional students, place-bound students, time-bound students,
  633  and adult learners.
  634         (d) Increase workforce skills and expand professional
  635  development opportunities.
  636         (2) The chancellors of the Florida College System and the
  637  State University System shall exercise joint oversight of the
  638  Florida Virtual Campus and shall establish its governance and
  639  reporting structure, administrative and operational guidelines
  640  and processes, staffing requirements, and operational budget.
  641  Effective January 31, 2014, all data center services needed by
  642  the Florida Virtual Campus shall be provided by the Northwest
  643  Regional Data Center a primary data center established pursuant
  644  to s. ss. 282.201 and 1004.649. The chancellors may delegate the
  645  authority and responsibility granted in this subsection.
  646         (a) In carrying out the purposes of this section:
  647         1. The campus is not an “agency” as defined in s. 20.03(11)
  648  and is not subject to chapter 287.
  649         2. The campus shall be deemed to be acting as an
  650  instrumentality of the state for purposes of sovereign immunity
  651  pursuant to s. 768.28(2).
  652         3. All records of the campus are public records unless made
  653  confidential or exempt from law.
  654         (b) The campus shall maintain an unencumbered balance of
  655  not less than 5 percent of its approved operating budget.
  656         (c) The campus may secure comprehensive general liability
  657  coverage, professional liability coverage, property and casualty
  658  coverage, and any other insurance coverage deemed appropriate by
  659  the chancellors.
  660         (d) The campus may contract for administrative services
  661  with a public postsecondary education institution. The
  662  administrative overhead costs charged by the institution may not
  663  exceed the actual cost of providing the services and shall
  664  require a specific appropriation in the General Appropriations
  665  Act.
  666         (5) The Florida Virtual Campus shall:
  667         (b) Develop and manage a statewide Internet-based catalog
  668  of distance learning courses, degree programs, and resources
  669  offered by public postsecondary education institutions which is
  670  intended to assist in the coordination and collaboration of
  671  articulation and access pursuant to parts II and III of chapter
  672  1007. The campus shall establish operational guidelines and
  673  procedures for the catalog which must:
  674         1. Require participating institutions to provide
  675  information concerning the distance learning course or degree
  676  program to include course number and classification of
  677  instructional programs number and information on the
  678  availability of the course or degree program; the type of
  679  required technology; any prerequisite course or technology
  680  competency or skill; the availability of academic support
  681  services and financial aid resources; and course costs, fees,
  682  and payment policies.
  683         2. Require that distance learning courses and degree
  684  programs meet applicable accreditation standards and criteria.
  685         3. Require that, at a minimum, the catalog is reviewed at
  686  the start of each academic semester to ensure that distance
  687  learning courses and degree programs comply with all operational
  688  guidelines and procedures.
  689         4. Define and describe the catalog’s search and retrieval
  690  options that, at a minimum, will allow users to search by
  691  academic term or course start date; institution, multiple
  692  institutions, or all institutions; and course or program
  693  delivery method, course type, course availability, subject or
  694  discipline, and course number or classification of instructional
  695  programs number.
  696         5.4. Use an Internet-based analytic tool that allows for
  697  the collection and analysis of data, including, but not limited
  698  to:
  699         a. The number and type of students who use the catalog to
  700  search for distance learning courses and degree programs.
  701         b. The number and type of requests for information on
  702  distance learning courses and degree programs that are not
  703  listed in the catalog.
  704         c. A summary of specific requests by course type or course
  705  number, delivery method, offering institution, and semester.
  706         6.5. Periodically obtain and analyze data from the Florida
  707  College System and the State University System concerning:
  708         a. Costs of distance learning courses and degree programs.
  709         b. Completion, graduation, and retention rates of students
  710  enrolled in distance learning course and degree programs.
  711         c. Distance learning course completion.
  712         (c) Implement a streamlined, automated, online admissions
  713  application process for undergraduate transient students who are
  714  currently enrolled and pursuing a degree at a public
  715  postsecondary education institution and who enroll in a course
  716  offered by a public postsecondary education institution that is
  717  not the student’s degree-granting institution. The Florida
  718  Virtual Campus shall work with the Florida College System and
  719  the State University System to implement this process which
  720  requires all Florida College System institutions and state
  721  universities to:
  722         1. Use the transient student admissions application
  723  available through the statewide computer-assisted student
  724  advising system established pursuant to paragraph (d). This
  725  admissions application is the only application required for the
  726  enrollment of a transient student as described in this
  727  paragraph.
  728         2. Implement the financial aid procedures required by the
  729  transient student admissions application process.
  730         3. Transfer credit awarded by the institutions offering the
  731  course to the transient student’s degree-granting institution.
  732         4. By December 1, 2012, Provide for an interface between
  733  the institutional advising system and the statewide computer
  734  assisted student advising system established pursuant to
  735  paragraph (d) in order to electronically send, receive, and
  736  process the transient student admissions application.
  737         (i) In consultation with the public postsecondary education
  738  institutions, develop and implement a plan that describes the
  739  services and resources available at the Florida Virtual Campus
  740  to encourage current and prospective students’ use of such
  741  services and resources.
  742         (6) Beginning September 30, 2013, and annually thereafter,
  743  the chancellors of the Florida College System and the State
  744  University System shall jointly publish a report regarding the
  745  activities of the Florida Virtual Campus in the prior fiscal
  746  year. The report shall include, but not be limited to,
  747  information related to the provision of library services and
  748  electronic resources, to include those resources licensed
  749  pursuant to s. 1006.72; distance learning resources; the
  750  computer-assisted student advising system; the transient student
  751  online admissions process; and other provided programs,
  752  activities, and services.
  753         Section 13. Subsections (2) and (4) and paragraph (n) of
  754  subsection (21) of section 1007.271, Florida Statutes, are
  755  amended to read:
  756         1007.271 Dual enrollment programs.—
  757         (2) For the purpose of this section, an eligible secondary
  758  student is a student who is enrolled in a Florida public
  759  secondary school or in a Florida private secondary school which
  760  is in compliance with s. 1002.42(2) and provides a secondary
  761  curriculum pursuant to s. 1003.428, s. 1003.429, or s. 1003.43.
  762  Students who are eligible for dual enrollment pursuant to this
  763  section may enroll in dual enrollment courses conducted during
  764  school hours, after school hours, and during the summer term.
  765  However, if the student is projected to graduate from high
  766  school before the scheduled completion date of a postsecondary
  767  course, the student may not register for that course through
  768  dual enrollment. The student may apply to the postsecondary
  769  institution and pay the required registration, tuition, and fees
  770  if the student meets the postsecondary institution’s admissions
  771  requirements under s. 1007.263. Instructional time for dual
  772  enrollment may vary from 900 hours; however, the full-time
  773  equivalent student membership value shall be subject to the
  774  provisions in school district may only report the student for a
  775  maximum of 1.0 FTE, as provided in s. 1011.61(4). Any student
  776  enrolled as a dual enrollment student is exempt from the payment
  777  of registration, tuition, and laboratory fees. Vocational
  778  preparatory instruction, college-preparatory instruction, and
  779  other forms of precollegiate instruction, as well as physical
  780  education courses that focus on the physical execution of a
  781  skill rather than the intellectual attributes of the activity,
  782  are ineligible for inclusion in the dual enrollment program.
  783  Recreation and leisure studies courses shall be evaluated
  784  individually in the same manner as physical education courses
  785  for potential inclusion in the program.
  786         (4) District school boards may not refuse to enter into a
  787  dual enrollment articulation agreement with a local Florida
  788  College System institution if that Florida College System
  789  institution has the capacity to offer dual enrollment courses. A
  790  Florida College System institution may limit dual enrollment
  791  participation based upon capacity. Such limitation must be
  792  clearly specified in the dual enrollment articulation agreement.
  793         (21) Each district school superintendent and Florida
  794  College System institution president shall develop a
  795  comprehensive dual enrollment articulation agreement for the
  796  respective school district and Florida College System
  797  institution. The superintendent and president shall establish an
  798  articulation committee for the purpose of developing the
  799  agreement. Each state university president may designate a
  800  university representative to participate in the development of a
  801  dual enrollment articulation agreement. A dual enrollment
  802  articulation agreement shall be completed and submitted annually
  803  by the Florida College System institution to the Department of
  804  Education on or before August 1. The agreement must include, but
  805  is not limited to:
  806         (n) A funding provision that delineates costs incurred by
  807  each entity. School districts shall pay the standard tuition
  808  rate per credit hour from funds provided in the Florida
  809  Education Finance Program to the institution providing
  810  instruction when such instruction takes place on the
  811  postsecondary campus should share funding to cover instructional
  812  and support costs incurred by the postsecondary institution.
  813  When dual enrollment is provided on the high school site by
  814  postsecondary institution faculty, the school district shall
  815  reimburse the costs associated with the proportion of salary and
  816  benefits and other actual costs of the postsecondary institution
  817  to provide the instruction. When dual enrollment is provided on
  818  the high school site by school district faculty, the school
  819  district shall be responsible only for the postsecondary
  820  institution’s actual costs associated with offering the program.
  821  A postsecondary institution may enter into an agreement with the
  822  school district to authorize teachers who teach dual enrollment
  823  courses at the high school site or the postsecondary
  824  institution. A school district may not deny a student access to
  825  dual enrollment unless the student is ineligible to participate
  826  in the program subject to provisions specifically outlined in
  827  this section.
  828         Section 14. Paragraph (e) of subsection (16) of section
  829  1009.24, Florida Statutes, is amended to read:
  830         1009.24 State university student fees.—
  831         (16) Each university board of trustees may establish a
  832  tuition differential for undergraduate courses upon receipt of
  833  approval from the Board of Governors. The tuition differential
  834  shall promote improvements in the quality of undergraduate
  835  education and shall provide financial aid to undergraduate
  836  students who exhibit financial need.
  837         (e) The Board of Governors shall submit a report to the
  838  President of the Senate, the Speaker of the House of
  839  Representatives, and the Governor describing the implementation
  840  of the provisions of this subsection no later than February 1 of
  841  January 1, 2010, and no later than January 1 each year
  842  thereafter. The report shall summarize proposals received by the
  843  board during the preceding fiscal year and actions taken by the
  844  board in response to such proposals. In addition, the report
  845  shall provide the following information for each university that
  846  has been approved by the board to assess a tuition differential:
  847         1. The course or courses for which the tuition differential
  848  was assessed and the amount assessed.
  849         2. The total revenues generated by the tuition
  850  differential.
  851         3. With respect to waivers authorized under subparagraph
  852  (b)8., the number of students eligible for a waiver, the number
  853  of students receiving a waiver, and the value of waivers
  854  provided.
  855         4. Detailed expenditures of the revenues generated by the
  856  tuition differential.
  857         5. Changes in retention rates, graduation rates, the
  858  percentage of students graduating with more than 110 percent of
  859  the hours required for graduation, pass rates on licensure
  860  examinations, the number of undergraduate course offerings, the
  861  percentage of undergraduate students who are taught by faculty,
  862  student-faculty ratios, and the average salaries of faculty who
  863  teach undergraduate courses.
  864         Section 15. Section 1010.79, Florida Statutes, is repealed.
  865         Section 16. (1) The Sophomore Level Test Trust Fund, FLAIR
  866  number 48-2-646, within the Department of Education is
  867  terminated.
  868         (2) All current balances remaining in, and all revenues of,
  869  the trust fund shall be transferred to the General Revenue Fund.
  870         (3) The Department of Education shall pay any outstanding
  871  debts or obligations of the terminated trust fund as soon as
  872  practicable, and the Chief Financial Officer shall close out and
  873  remove the terminated trust fund from the various state
  874  accounting systems using generally accepted accounting
  875  principles concerning warrants outstanding, assets, and
  876  liabilities.
  877         Section 17. Section 1010.81, Florida Statutes, is amended
  878  to read:
  879         1010.81 Education Knott Data Center Working Capital Trust
  880  Fund.—Chapter 99-29, Laws of Florida, re-created The Education
  881  Knott Data Center Working Capital Trust Fund shall be
  882  administered by the Department of Education as a depository for
  883  funds received to record the revenue from fees paid for services
  884  provided by the department’s technology office, interest
  885  earnings, and cash advances from customer entities. Moneys
  886  deposited in the trust fund shall be used to fund the services
  887  provided by the department’s technology office Department of
  888  Education’s data center and disbursements to pay the costs of
  889  operating the data center as authorized in s. 216.272.
  890         Section 18. Paragraph (c) of subsection (1) and subsection
  891  (4) of section 1011.61, Florida Statutes, are amended to read:
  892         1011.61 Definitions.—Notwithstanding the provisions of s.
  893  1000.21, the following terms are defined as follows for the
  894  purposes of the Florida Education Finance Program:
  895         (1) A “full-time equivalent student” in each program of the
  896  district is defined in terms of full-time students and part-time
  897  students as follows:
  898         (c)1. A “full-time equivalent student” is:
  899         a. A full-time student in any one of the programs listed in
  900  s. 1011.62(1)(c); or
  901         b. A combination of full-time or part-time students in any
  902  one of the programs listed in s. 1011.62(1)(c) which is the
  903  equivalent of one full-time student based on the following
  904  calculations:
  905         (I) A full-time student in a combination of programs listed
  906  in s. 1011.62(1)(c) shall be a fraction of a full-time
  907  equivalent membership in each special program equal to the
  908  number of net hours per school year for which he or she is a
  909  member, divided by the appropriate number of hours set forth in
  910  subparagraph (a)1. or subparagraph (a)2. The difference between
  911  that fraction or sum of fractions and the maximum value as set
  912  forth in subsection (4) for each full-time student is presumed
  913  to be the balance of the student’s time not spent in a special
  914  program and shall be recorded as time in the appropriate basic
  915  program. The sum of the fractions for each program may not
  916  exceed the maximum value set forth in subsection (4).
  917         (II) A prekindergarten student with a disability shall meet
  918  the requirements specified for kindergarten students.
  919         (III) A full-time equivalent student for students in
  920  kindergarten through grade 12 in a full-time virtual instruction
  921  program under s. 1002.45 or a virtual charter school under s.
  922  1002.33 shall consist of six full-credit completions or the
  923  prescribed level of content that counts toward promotion to the
  924  next grade in programs listed in s. 1011.62(1)(c). Credit
  925  completions may be a combination of full-credit courses or half
  926  credit courses. Beginning in the 2016-2017 2014-2015 fiscal
  927  year, when s. 1008.22(3)(g) is implemented, the reported full
  928  time equivalent students and associated funding of students
  929  enrolled in courses requiring passage of an end-of-course
  930  assessment under s. 1003.4282 to earn a standard high school
  931  diploma shall be adjusted if after the student does not pass
  932  completes the end-of-course assessment. However, no adjustment
  933  shall be made for a student who enrolls in a segmented remedial
  934  course delivered online.
  935         (IV) A full-time equivalent student for students in
  936  kindergarten through grade 12 in a part-time virtual instruction
  937  program under s. 1002.45 shall consist of six full-credit
  938  completions in programs listed in s. 1011.62(1)(c)1. and 3.
  939  Credit completions may be a combination of full-credit courses
  940  or half-credit courses. Beginning in the 2016-2017 2014-2015
  941  fiscal year, when s. 1008.22(3)(g) is implemented, the reported
  942  full-time equivalent students and associated funding of students
  943  enrolled in courses requiring passage of an end-of-course
  944  assessment under s. 1003.4282 to earn a standard high school
  945  diploma shall be adjusted if after the student does not pass
  946  completes the end-of-course assessment. However, no adjustment
  947  shall be made for a student who enrolls in a segmented remedial
  948  course delivered online.
  949         (V) A Florida Virtual School full-time equivalent student
  950  shall consist of six full-credit completions or the prescribed
  951  level of content that counts toward promotion to the next grade
  952  in the programs listed in s. 1011.62(1)(c)1. and 3. for students
  953  participating in kindergarten through grade 12 part-time virtual
  954  instruction and the programs listed in s. 1011.62(1)(c) for
  955  students participating in kindergarten through grade 12 full
  956  time virtual instruction. Credit completions may be a
  957  combination of full-credit courses or half-credit courses.
  958  Beginning in the 2016-2017 2014-2015 fiscal year, when s.
  959  1008.22(3)(g) is implemented, the reported full-time equivalent
  960  students and associated funding of students enrolled in courses
  961  requiring passage of an end-of-course assessment under s.
  962  1003.4282 to earn a standard high school diploma shall be
  963  adjusted if after the student does not pass completes the end
  964  of-course assessment. However, no adjustment shall be made for a
  965  student who enrolls in a segmented remedial course delivered
  966  online.
  967         (VI) Each successfully completed full-credit course earned
  968  through an online course delivered by a district other than the
  969  one in which the student resides shall be calculated as 1/6 FTE.
  970         (VII) Each successfully completed credit earned under the
  971  alternative high school course credit requirements authorized in
  972  s. 1002.375, which is not reported as a portion of the 900 net
  973  hours of instruction pursuant to subparagraph (1)(a)1., shall be
  974  calculated as 1/6 FTE.
  975         (VII)(VIII)(A) A full-time equivalent student for courses
  976  requiring passage of a statewide, standardized end-of-course
  977  assessment under s. 1003.4282 to earn a standard high school
  978  diploma pursuant to s. 1008.22(3)(c)2.a. shall be defined and
  979  reported based on the number of instructional hours as provided
  980  in this subsection until the 2016-2017 fiscal year for the first
  981  3 years of administering the end-of-course assessment. Beginning
  982  in the 2016-2017 fiscal year fourth year of administering the
  983  end-of-course assessment, the FTE for the course shall be
  984  assessment-based credit-based and each course shall be equal to
  985  1/6 FTE. The reported FTE shall be adjusted if after the student
  986  does not pass successfully completes the end-of-course
  987  assessment pursuant to s. 1008.22(3)(c)2.a. However, no
  988  adjustment shall be made for a student who enrolls in a
  989  segmented remedial course delivered online.
  990         (VIII)(B) For students enrolled in a school district as a
  991  full-time student, the district may report 1/6 FTE for each
  992  student who passes a statewide, standardized end-of-course
  993  assessment without being enrolled in the corresponding course.
  994         (C) The FTE earned under this sub-sub-subparagraph and any
  995  FTE for courses or programs listed in s. 1011.62(1)(c) that do
  996  not require passing a statewide, standardized end-of-course
  997  assessment are subject to the requirements in subsection (4).
  998         2. A student in membership in a program scheduled for more
  999  or less than 180 school days or the equivalent on an hourly
 1000  basis as specified by rules of the State Board of Education is a
 1001  fraction of a full-time equivalent membership equal to the
 1002  number of instructional hours in membership divided by the
 1003  appropriate number of hours set forth in subparagraph (a)1.;
 1004  however, for the purposes of this subparagraph, membership in
 1005  programs scheduled for more than 180 days is limited to students
 1006  enrolled in:
 1007         a. Juvenile justice education programs.
 1008         b.and The Florida Virtual School.
 1009         c. Virtual instruction programs and virtual charter schools
 1010  for the purpose of course completion and credit recovery
 1011  pursuant to ss. 1002.45 and 1003.498. Course completion applies
 1012  only to a student who is reported during the second or third
 1013  membership surveys and who does not complete a virtual education
 1014  course by the end of the regular school year. The course must be
 1015  completed no later than the deadline for amending the final
 1016  student enrollment survey for that year. Credit recovery applies
 1017  only to a student who has unsuccessfully completed a traditional
 1018  or virtual education course during the regular school year and
 1019  must re-take the course in order to be eligible to graduate with
 1020  the student’s class.
 1021         3. The department shall determine and implement an
 1022  equitable method of equivalent funding for experimental schools
 1023  and for schools operating under emergency conditions, which
 1024  schools have been approved by the department to operate for less
 1025  than the minimum school day.
 1026  
 1027  The full-time equivalent student enrollment calculated under
 1028  this subsection is subject to the requirements in subsection
 1029  (4).
 1030         (4) The maximum value for funding a student in kindergarten
 1031  through grade 12 or in a prekindergarten program for exceptional
 1032  children as provided in s. 1003.21(1)(e) shall be the sum of the
 1033  calculations in paragraphs (a), (b), and (c) as calculated by
 1034  the department is one full-time equivalent student membership
 1035  for a school year or equivalent.
 1036         (a) The sum of the student’s full-time equivalent student
 1037  membership value for the school year or the equivalent derived
 1038  from paragraphs (1)(a) and (b), subparagraph (1)(c)1., sub
 1039  subparagraphs (1)(c)2.b. and c., subparagraph (1)(c)3., and
 1040  subsection (2). If the sum is greater than 1.0, the full-time
 1041  equivalent student membership value for each program or course
 1042  shall be reduced by an equal proportion so that the student’s
 1043  total full-time equivalent student membership value is equal to
 1044  1.0.
 1045         (b) If the result in paragraph (a) is less than 1.0 full
 1046  time equivalent student and the student has full-time equivalent
 1047  student enrollment pursuant to sub-sub-subparagraph
 1048  (1)(c)1.b.(VIII), calculate an amount that is the lesser of the
 1049  value in sub-sub-subparagraph (1)(c)1.b.(VIII) or the value of
 1050  1.0 less the value in paragraph (a).
 1051         (c) The full-time equivalent student enrollment value in
 1052  sub-subparagraph (1)(c)2.a.
 1053         Section 19. Paragraphs (f) and (i) of subsection (1) and
 1054  paragraph (a) of subsection (9) of section 1011.62, Florida
 1055  Statutes, are amended to read:
 1056         1011.62 Funds for operation of schools.—If the annual
 1057  allocation from the Florida Education Finance Program to each
 1058  district for operation of schools is not determined in the
 1059  annual appropriations act or the substantive bill implementing
 1060  the annual appropriations act, it shall be determined as
 1061  follows:
 1062         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
 1063  OPERATION.—The following procedure shall be followed in
 1064  determining the annual allocation to each district for
 1065  operation:
 1066         (f) Supplemental academic instruction; categorical fund.—
 1067         1. There is created a categorical fund to provide
 1068  supplemental academic instruction to students in kindergarten
 1069  through grade 12. This paragraph may be cited as the
 1070  “Supplemental Academic Instruction Categorical Fund.”
 1071         2. Categorical funds for supplemental academic instruction
 1072  shall be allocated annually to each school district in the
 1073  amount provided in the General Appropriations Act. These funds
 1074  shall be in addition to the funds appropriated on the basis of
 1075  FTE student membership in the Florida Education Finance Program
 1076  and shall be included in the total potential funds of each
 1077  district. These funds shall be used to provide supplemental
 1078  academic instruction to students enrolled in the K-12 program.
 1079  For the 2012-2013, and 2013-2014, and 2014-2015 fiscal years,
 1080  each school district that has one or more of the 100 lowest
 1081  performing elementary schools based on the state reading
 1082  assessment shall use these funds, together with the funds
 1083  provided in the district’s research-based reading instruction
 1084  allocation and other available funds, to provide an additional
 1085  hour of instruction beyond the normal school day for each day of
 1086  the entire school year for intensive reading instruction for the
 1087  students in each of these schools. This additional hour of
 1088  instruction must be provided only by teachers or reading
 1089  specialists who are effective in teaching reading. Students
 1090  enrolled in these schools who have level 5 assessment scores may
 1091  participate in the additional hour of instruction on an optional
 1092  basis. Exceptional student education centers shall not be
 1093  included in the 100 schools. After this requirement has been
 1094  met, supplemental instruction strategies may include, but are
 1095  not limited to: modified curriculum, reading instruction, after
 1096  school instruction, tutoring, mentoring, class size reduction,
 1097  extended school year, intensive skills development in summer
 1098  school, and other methods for improving student achievement.
 1099  Supplemental instruction may be provided to a student in any
 1100  manner and at any time during or beyond the regular 180-day term
 1101  identified by the school as being the most effective and
 1102  efficient way to best help that student progress from grade to
 1103  grade and to graduate.
 1104         3. Effective with the 1999-2000 fiscal year, funding on the
 1105  basis of FTE membership beyond the 180-day regular term shall be
 1106  provided in the FEFP only for students enrolled in juvenile
 1107  justice education programs or in education programs for
 1108  juveniles placed in secure facilities or programs under s.
 1109  985.19. Funding for instruction beyond the regular 180-day
 1110  school year for all other K-12 students shall be provided
 1111  through the supplemental academic instruction categorical fund
 1112  and other state, federal, and local fund sources with ample
 1113  flexibility for schools to provide supplemental instruction to
 1114  assist students in progressing from grade to grade and
 1115  graduating.
 1116         4. The Florida State University School, as a lab school, is
 1117  authorized to expend from its FEFP or Lottery Enhancement Trust
 1118  Fund allocation the cost to the student of remediation in
 1119  reading, writing, or mathematics for any graduate who requires
 1120  remediation at a postsecondary educational institution.
 1121         5. Beginning in the 1999-2000 school year, dropout
 1122  prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
 1123  (b), and (c), and 1003.54 shall be included in group 1 programs
 1124  under subparagraph (d)3.
 1125         (i) Calculation of full-time equivalent membership with
 1126  respect to dual enrollment instruction.—Students enrolled in
 1127  dual enrollment instruction pursuant to s. 1007.271 may be
 1128  included in calculations of full-time equivalent student
 1129  memberships for basic programs for grades 9 through 12 by a
 1130  district school board. Instructional time for dual enrollment
 1131  may vary from 900 hours; however, the full-time equivalent
 1132  student membership value shall be subject to the provisions in
 1133  school district may only report the student for a maximum of 1.0
 1134  full-time equivalent student membership, as provided in s.
 1135  1011.61(4). Dual enrollment full-time equivalent student
 1136  membership shall be calculated in an amount equal to the hours
 1137  of instruction that would be necessary to earn the full-time
 1138  equivalent student membership for an equivalent course if it
 1139  were taught in the school district. Students in dual enrollment
 1140  courses may also be calculated as the proportional shares of
 1141  full-time equivalent enrollments they generate for a Florida
 1142  College System institution or university conducting the dual
 1143  enrollment instruction. Early admission students shall be
 1144  considered dual enrollments for funding purposes. Students may
 1145  be enrolled in dual enrollment instruction provided by an
 1146  eligible independent college or university and may be included
 1147  in calculations of full-time equivalent student memberships for
 1148  basic programs for grades 9 through 12 by a district school
 1149  board. However, those provisions of law which exempt dual
 1150  enrolled and early admission students from payment of
 1151  instructional materials and tuition and fees, including
 1152  laboratory fees, shall not apply to students who select the
 1153  option of enrolling in an eligible independent institution. An
 1154  independent college or university which is located and chartered
 1155  in Florida, is not for profit, is accredited by the Commission
 1156  on Colleges of the Southern Association of Colleges and Schools
 1157  or the Accrediting Council for Independent Colleges and Schools,
 1158  and confers degrees as defined in s. 1005.02 shall be eligible
 1159  for inclusion in the dual enrollment or early admission program.
 1160  Students enrolled in dual enrollment instruction shall be exempt
 1161  from the payment of tuition and fees, including laboratory fees.
 1162  No student enrolled in college credit mathematics or English
 1163  dual enrollment instruction shall be funded as a dual enrollment
 1164  unless the student has successfully completed the relevant
 1165  section of the entry-level examination required pursuant to s.
 1166  1008.30.
 1167         (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.—
 1168         (a) The research-based reading instruction allocation is
 1169  created to provide comprehensive reading instruction to students
 1170  in kindergarten through grade 12. For the 2012-2013, and 2013
 1171  2014, and 2014-2015 fiscal years, in each school district that
 1172  has one or more of the 100 lowest-performing elementary schools
 1173  based on the state reading assessment, priority shall be given
 1174  to providing an additional hour per day of intensive reading
 1175  instruction beyond the normal school day for each day of the
 1176  entire school year for the students in each school. Students
 1177  enrolled in these schools who have level 5 assessment scores may
 1178  participate in the additional hour of instruction on an optional
 1179  basis. Exceptional student education centers shall not be
 1180  included in the 100 schools. The intensive reading instruction
 1181  delivered in this additional hour and for other students shall
 1182  include: research-based reading instruction that has been proven
 1183  to accelerate progress of students exhibiting a reading
 1184  deficiency; differentiated instruction based on student
 1185  assessment data to meet students’ specific reading needs;
 1186  explicit and systematic reading development in phonemic
 1187  awareness, phonics, fluency, vocabulary, and comprehension, with
 1188  more extensive opportunities for guided practice, error
 1189  correction, and feedback; and the integration of social studies,
 1190  science, and mathematics-text reading, text discussion, and
 1191  writing in response to reading. For the 2012-2013 and 2013-2014
 1192  fiscal years, a school district may not hire more reading
 1193  coaches than were hired during the 2011-2012 fiscal year unless
 1194  all students in kindergarten through grade 5 who demonstrate a
 1195  reading deficiency, as determined by district and state
 1196  assessments, including students scoring Level 1 or Level 2 on
 1197  FCAT Reading, are provided an additional hour per day of
 1198  intensive reading instruction beyond the normal school day for
 1199  each day of the entire school year.
 1200         Section 20. Section 1011.622, Florida Statutes, is created
 1201  to read:
 1202         1011.622 Adjustments for students without a common student
 1203  identifier.—The Florida Education Finance Program funding
 1204  calculations, including the calculations authorized in ss.
 1205  1011.62, 1011.67, 1011.68, and 1011.685, shall include funding
 1206  for a student only when all of the student’s records are
 1207  reported to the Department of Education under a common student
 1208  identifier. The State Board of Education may adopt rules
 1209  pursuant to ss. 120.536(1) and 120.54, to implement this
 1210  section.
 1211         Section 21. Subsection (4) of section 1012.885, Florida
 1212  Statutes, is amended to read:
 1213         1012.885 Remuneration of Florida College System institution
 1214  presidents; limitations.—
 1215         (4) LIMITATION ON REMUNERATION.—Notwithstanding the
 1216  provisions of this section, for the 2012-2013 fiscal year, a
 1217  Florida College System institution president may not receive
 1218  more than $200,000 in remuneration from appropriated state
 1219  funds. Only compensation, as defined in s. 121.021(22), provided
 1220  to a Florida College System institution president may be used in
 1221  calculating benefits under chapter 121.
 1222         Section 22. Effective upon this act becoming a law,
 1223  subsection (4) of section 1012.886, Florida Statutes, is amended
 1224  to read:
 1225         1012.886 Remuneration of Florida College System institution
 1226  administrative employees; limitations.—
 1227         (4) EXPIRATION.—This section expires June 30, 2013.
 1228         Section 23. Subsection (4) of section 1012.975, Florida
 1229  Statutes, is amended to read:
 1230         1012.975 Remuneration of state university presidents;
 1231  limitations.—
 1232         (4) LIMITATION ON REMUNERATION.—Notwithstanding the
 1233  provisions of this section, for the 2012-2013 fiscal year, a
 1234  state university president may not receive more than $200,000 in
 1235  remuneration from public funds. Only compensation, as defined in
 1236  s. 121.021(22), provided to a state university president may be
 1237  used in calculating benefits under chapter 121.
 1238         Section 24. Effective upon this act becoming a law,
 1239  subsection (4) of section 1012.976, Florida Statutes, is amended
 1240  to read:
 1241         1012.976 Remuneration of state university administrative
 1242  employees; limitations.—
 1243         (4) EXPIRATION.—This section expires June 30, 2013.
 1244         Section 25. Notwithstanding the required review by the
 1245  Legislative Budget Commission pursuant to s. 1003.03(4)(c),
 1246  Florida Statutes, for the 2012-2013 fiscal year, the alternate
 1247  compliance calculation amounts to the class size operating
 1248  categorical fund authorized by s. 1003.03(4)(c), Florida
 1249  Statutes, shall be the reduction calculation required by s.
 1250  1003.03(4), Florida Statutes. The Commissioner of Education
 1251  shall modify payments to districts as required by s. 1003.03(4),
 1252  Florida Statutes, for the 2012-2013 fiscal year. This section
 1253  shall take effect upon this act becoming a law.
 1254         Section 26. Notwithstanding the distribution provisions in
 1255  the salary increase portion of the proviso following Specific
 1256  Appropriation 87 contained in Senate Bill 1500, enacted during
 1257  the 2013 Regular Session of the Florida Legislature, a district
 1258  school board or charter school board may distribute salary
 1259  increases at any time before June 2014, in conformance with
 1260  requirements of the proviso or board-approved evaluation plan,
 1261  and as negotiated with collective bargaining units and
 1262  educators, as appropriate.
 1263         Section 27. Notwithstanding subsections (10), (11), (12)
 1264  and (13) of s. 1013.30, Florida Statutes, and subsection (4) of
 1265  s. 1013.51, Florida Statutes, for the 2013-2014 fiscal year, a
 1266  state university may enter into a local development agreement
 1267  with an affected host local government, to identify specific
 1268  projects in the university’s campus master plan to be
 1269  constructed by the university, for purposes of negotiating
 1270  mitigation of the impact of such projects on the host local
 1271  government.
 1272         Section 28. In order to implement Specific Appropriation
 1273  142 of the 2013-2014 General Appropriations Act and
 1274  notwithstanding any other law, for the 2013-2014 and 2014-2015
 1275  fiscal years only, a university board of trustees may expend
 1276  reserve or carryforward balances from previous years’
 1277  operational and programmatic appropriations for deferred
 1278  maintenance needs at the Donald L. Tucker Civic Center.
 1279         Section 29. Notwithstanding the school district allocations
 1280  for Technology Transformation Grants for Rural School Districts
 1281  provided in Specific Appropriation 102A contained in Senate Bill
 1282  1500 enacted during the 2013 Regular Session of the Florida
 1283  Legislature, allocations for this purpose shall be recalculated
 1284  by the Commissioner of Education and replicated by the
 1285  principals of the Florida Education Finance Program
 1286  Appropriation Allocation Conference no later than July 15, 2013.
 1287  The revised allocations shall be based on each entity’s
 1288  proportionate share of unweighted FTE and shall be calculated
 1289  for all districts and lab schools receiving funds in Specific
 1290  Appropriation 102A plus any other member school district of a
 1291  regional consortium service organization as of April 30, 2013.
 1292         Section 30. Except as otherwise expressly provided in this
 1293  act and except for this section, which shall take effect upon
 1294  becoming a law, this act shall take effect July 1, 2013.

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