Bill Text: FL S1746 | 2020 | Regular Session | Comm Sub
Bill Title: Florida Virtual Education
Spectrum: Bipartisan Bill
Status: (Failed) 2020-03-14 - Died in Appropriations [S1746 Detail]
Download: Florida-2020-S1746-Comm_Sub.html
Florida Senate - 2020 CS for SB 1746 By the Committee on Judiciary; and Senator Stargel 590-03505-20 20201746c1 1 A bill to be entitled 2 An act relating to Florida virtual education; amending 3 s. 1002.33, F.S.; conforming provisions to changes 4 made by the act; amending s. 1002.37, F.S.; providing 5 that certain employees of the Florida Virtual School 6 are entitled to sovereign immunity; revising the 7 students given priority by the Florida Virtual School; 8 revising the number of members appointed to the board 9 of trustees of the Florida Virtual School; providing 10 term limits for members of the board; providing that 11 the board members are governed by a specified code of 12 ethics; prohibiting members of the board and any 13 member of a governing body for a direct-support 14 organization or supplemental support organization 15 associated with the Florida Virtual School from having 16 specified business relationships or interest in the 17 Florida Virtual School; requiring the board to appoint 18 an executive director; providing duties of the 19 executive director; requiring the board of trustees to 20 meet at the call of the executive director; 21 authorizing, rather than requiring, the board of 22 trustees to participate in specified marketing 23 activities; requiring the board of trustees to be 24 responsible for all internal funds of the school; 25 authorizing the Florida Virtual School to accrue 26 supplemental revenue from a specified organization; 27 requiring the executive director of the Florida 28 Virtual School to review and approve specified 29 expenditures; deleting a provision authorizing the 30 executive director to override such expenditures under 31 certain circumstances; deleting provisions authorizing 32 the board of trustees to adopt certain rules and 33 procedures; providing that all Florida Virtual School 34 employees are subject to specified policies; revising 35 requirements for the use of certain employment 36 contracts; deleting a requirement that the board of 37 trustees distribute certain procedures to high schools 38 in this state; requiring student records held by the 39 school to meet specified provisions; providing 40 requirements for meetings of the board of trustees; 41 revising the requirements for a specified plan; 42 deleting a requirement that the Florida Virtual School 43 board of trustees submit specified information to 44 certain entities for the Florida Virtual School 45 Global; requiring the board to establish an Office of 46 Inspector General within the school; providing duties 47 and responsibilities of the office; amending s. 48 1002.45, F.S.; deleting a requirement that certain 49 school districts provide a specified number of virtual 50 instruction options; authorizing a virtual charter 51 school to provide part-time instruction under certain 52 circumstances; authorizing the Department of Education 53 to conditionally approve a virtual instruction 54 provider for 2 years, rather than 1 year; providing an 55 effective date. 56 57 Be It Enacted by the Legislature of the State of Florida: 58 59 Section 1. Subsection (1) of section 1002.33, Florida 60 Statutes, is amended to read: 61 1002.33 Charter schools.— 62 (1) AUTHORIZATION.—All charter schools in Florida are 63 public schools and shall be part of the state’s program of 64 public education. A charter school may be formed by creating a 65 new school or converting an existing public school to charter 66 status. A charter school may operate a virtual charter school 67 pursuant to s. 1002.45(1)(d) to provide full-time or part-time 68 online instruction to students, pursuant to s. 1002.455, in 69 kindergarten through grade 12. The school district in which the 70 student enrolls in the virtual charter school shall report the 71 student for funding pursuant to s. 1011.61(1)(c)1.b.(VI), and 72 the home school district shall not report the student for 73 funding. An existing charter school that is seeking to become a 74 virtual charter school must amend its charter or submit a new 75 application pursuant to subsection (6) to become a virtual 76 charter school. A virtual charter school is subject to the 77 requirements of this section; however, a virtual charter school 78 is exempt from subsections (18) and (19), paragraph (20)(c), and 79 s. 1003.03. A public school may not use the term charter in its 80 name unless it has been approved under this section. 81 Section 2. Paragraphs (a) and (b) of subsection (1), 82 subsections (2) and (4), and paragraph (b) of subsection (7) of 83 section 1002.37, Florida Statutes, are amended, and subsection 84 (12) is added to that section, to read: 85 1002.37 The Florida Virtual School.— 86 (1)(a) The Florida Virtual School is an agency of the state 87 established for the development and delivery of world-class 88 online and distance learning education. The Florida Virtual 89 School, its board of trustees, officers, and employees are 90 entitled to sovereign immunity pursuant to s. 768.28. The 91 Commissioner of Education shall monitor the school’s performance 92 and report its performance to the State Board of Education and 93 the Legislature. 94 (b) The mission of the Florida Virtual School is to provide 95 students with technology-based educational opportunities to gain 96 the knowledge and skills necessary to succeed. The school shall 97 serve any student in the state who meets the profile for success 98 in this educational delivery context and shall give priority to: 99 1. Students who need expanded access to courses in order to 100 meet their educational goals, such as home education students, 101andstudents in inner-city and rural areashigh schoolswho do 102 not have access to higher-level courses, English language 103 learners, students with exceptionalities who currently do not 104 have access to higher-level courses, including gifted students. 105 2. Students seeking accelerated access in order to obtain a 106 high school diploma at least one semester early. 107 3. Students who are children of an active duty member of 108 the United States Armed Forces who is not stationed in this 109 state and whose home of record or state of legal residence is 110 Florida. 111 4. Students who are in an alternative setting or a 112 Department of Juvenile Justice program. 113 114 The board of trustees of the Florida Virtual School shall 115 identify appropriate performance measures and standards based on 116 student achievement that reflect the school’s statutory mission 117 and priorities, and shall implement an accountability system for 118 the school that includes assessment of its effectiveness and 119 efficiency in providing quality services that encourage high 120 student achievement, seamless articulation, and maximum access. 121 (2)(a) The Florida Virtual School shall be governed by a 122 board of trustees comprised of fivesevenmembers appointed by 123 the Governor to 4-year staggered terms. A member may not serve 124 more than two consecutive 4-year terms on the board. Theboard125of trustees shall be a public agency entitled to sovereign126immunity pursuant to s. 768.28, andboard members shall be 127 public officers who shall bear fiduciary responsibility for the 128 Florida Virtual School. The board of trustees shall be governed 129 by the code of ethics for public officers and employees as set 130 forth in part III of chapter 112. A member of the board of 131 trustees may not have any business relationship with or 132 pecuniary interest in the Florida Virtual School while serving 133 on the board or for 6 years after serving on the board. 134 (b) The board of trustees shall have the following powers 135 and duties: 136 1. The board of trustees shall appoint an executive 137 director. The executive director is responsible for executing 138 the Florida Virtual School’s mission, vision, and goals; for 139 proposing policies and policy revisions to the board of 140 trustees; and for the day-to-day operations of the Florida 141 Virtual School. 142 2.a.(a)1.The board of trustees shall meet at least 4 times 143 each year, upon the call of the chair or executive director, or 144 at the request of a majority of the board membership. 145 b.2.The fiscal year for the Florida Virtual School shall 146 be the state fiscal year as provided in s. 216.011(1)(o). 147 3.(b)The board of trustees shall be responsible for the 148 Florida Virtual School’s development of a state-of-the-art 149 technology-based education delivery system that is cost 150 effective, educationally sound, marketable, and capable of 151 sustaining a self-sufficient delivery system through the Florida 152 Education Finance Program. 153 4.(c)The board of trustees shall aggressively seek avenues to 154 generate revenue to support its future endeavors, and shall 155 enter into agreements with distance learning providers. The 156 board of trustees may acquire, enjoy, use, and dispose of 157 patents, copyrights, and trademarks and any licenses and other 158 rights or interests thereunder or therein. Ownership of all such 159 patents, copyrights, trademarks, licenses, and rights or 160 interests thereunder or therein shall vest in the state, with 161 the board of trustees having full right of use and full right to 162 retain the revenues derived therefrom. Any funds realized from 163 patents, copyrights, trademarks, or licenses shall be considered 164 internal fundsas provided in s. 1011.07. Such funds mayshall165 be used to support the school’s marketing and research and 166 development activities in order to improve courseware and 167 services to its students. 168 5.(d)The board of trustees shall be responsible for the 169 administration and control of all internal and local school 170 funds derived from all activities or sources and shall prescribe 171 the principles and procedures to be followed in administering 172 these funds. 173 6.(e)The Florida Virtual School may accrue supplemental 174 revenue from a direct-support organization in accordance with s. 175 1001.453. The Florida Virtual School may also accrue 176supplementalrevenue from supplemental support organizations, 177 which include, but are not limited to, alumni associations, 178foundations,parent-teacher associations, and booster 179 associations. However, a member of the governing body of such an 180 organization may not have a business relationship with or 181 pecuniary interest in the Florida Virtual School. The governing 182 body of eachsupplemental supportorganization shall recommend 183 the expenditure of moneys collected or generated by itthe184organizationfor the benefit of the school. Such expenditures 185 shall be contingent upon the review and approval of the 186 executive director of the Florida Virtual School.The executive187director may override any proposed expenditure of the188organization that would violate Florida law or breach sound189educational management.190 7.(f)In accordance with law and rules of the State Board 191 of Education, the board of trustees shall administer and 192 maintain personnel programs for all employees of the board of 193 trustees and the Florida Virtual School. The board of trustees 194 may adoptrules,policies, and proceduresrelated to the 195 appointment, employment, and removal of personnel. 196 a.1.The board of trustees shall determine the 197 compensation, including salaries and fringe benefits, and other 198 conditions of employment for such personnel. 199 b.2.The board of trustees may establish and maintain a 200 personnel loan or exchange program by which persons employed by 201 the board of trustees for the Florida Virtual School as academic 202 administrative and instructional staff may be loaned to, or 203 exchanged with persons employed in like capacities by, public 204 agencies either within or without this state, or by private 205 industry. With respect to public agency employees, the program 206 authorized by this subparagraph shall be consistent with the 207 requirements of part II of chapter 112. The salary and benefits 208 of board of trustees personnel participating in the loan or 209 exchange program shall be continued during the period of time 210 they participate in a loan or exchange program, and such 211 personnel shall be deemed to have no break in creditable or 212 continuous service or employment during such time. The salary 213 and benefits of persons participating in the personnel loan or 214 exchange program who are employed by public agencies or private 215 industry shall be paid by the originating employers of those 216 participants, and such personnel shall be deemed to have no 217 break in creditable or continuous service or employment during 218 such time. 219 c.3.The employment of all Florida Virtual Schoolacademic220administrative and instructionalpersonnel shall be subject to 221rejection for cause by the board of trustees, and shall be222subject topolicies of the board of trustees relative to 223 certification,tenure,leaves of absence, sabbaticals, 224 remuneration; subject to, andsuch other conditions of 225 employment as the board of trustees deems necessary and proper; 226 and consistent, not inconsistentwith law, including s. 227 1001.42(5), (6), and (7). 228 d.4.All academic administrative and instructional 229 personnel employed byEach person employed by the board of230trustees in an academic administrative or instructional capacity231withthe Florida Virtual School areshall beentitled to an 232 annual, writtenacontract as provided by rules of the board of 233 trustees. Employment contracts for nonacademic personnel may be 234 determined by board of trustees policy. 235 e.5.All employees except temporary, seasonal, and student 236 employees may be state employees for the purpose of being 237 eligible to participate in the Florida Retirement System and 238 receive benefits. The classification and pay plan, including 239 terminal leave and other benefits, and any amendments thereto, 240 shall be subject to review and approval by the Department of 241 Management Services and the Executive Office of the Governor 242 prior to adoption. 243 8.(g)The board of trustees shall establish priorities for 244 admission of students in accordance with paragraph (1)(b). 245 9.(h)The board of trustees shall establish and distribute 246 to all school districtsand high schoolsin the state procedures 247 for enrollment of students in courses offered by the Florida 248 Virtual School. 249 10.(i)The board of trustees shall establish criteria 250 defining the elements of an approved franchise. The board of 251 trustees may enter into franchise agreements with Florida 252 district school boards and may establish the terms and 253 conditions governing such agreements. The board of trustees 254 shall establish the performance and accountability measures and 255 report the performance of each school district franchise to the 256 Commissioner of Education. 257 11.(j)The board of trustees shall submit to the State 258 Board of Education both forecasted and actual enrollments and 259 credit completions for the Florida Virtual School, according to 260 procedures established by the State Board of Education. At a 261 minimum, such procedures must include the number of public, 262 private, and home education students served by program and by 263 county of residence. 264 12.(k)The board of trustees shall provide for the content 265 and custody of student and employee personnel records. Student 266 records shall be subject to the provisions of ss.s.1002.22, 267 1002.221, and 1002.222. Employee records shall be subject to the 268 provisions of s. 1012.31. 269 13.(l)The financial records and accounts of the Florida 270 Virtual School shall be maintained under the direction of the 271 board of trustees and under rules adopted by the State Board of 272 Education for the uniform system of financial records and 273 accounts for the schools of the state. 274 14. The meetings of the board of trustees shall be 275 conducted and noticed pursuant to s. 1001.372(1), (3), and (4). 276 277 The Governor shall designate the initial chair of the board of 278 trustees to serve a term of 4 years. Members of the board of 279 trustees shall serve without compensation, but may be reimbursed 280 for per diem and travel expenses pursuant to s. 112.061. The 281 board of trustees shall be a body corporate with all the powers 282 of a body corporate and such authority as is needed for the 283 proper operation and improvement of the Florida Virtual School. 284 The board of trustees is specifically authorized to adoptrules,285 policies, and procedures,consistent with law and rules of the 286 State Board of Education related to governance, personnel, 287 budget and finance, administration, programs, curriculum and 288 instruction, travel and purchasing, technology, students, 289 contracts and grants, and property as necessary for optimal, 290 efficient operation of the Florida Virtual School. Tangible 291 personal property owned by the board of trustees shall be 292 subject to the provisions of chapter 273. 293 (4) School districts operating a virtual school that is an 294 approved franchise of the Florida Virtual School may count full 295 time equivalent students, as provided in paragraph (3)(a), if 296 such school has been certified as an approved franchise by the 297 Commissioner of Education based on criteria established by the 298 board of trustees pursuant to subparagraph (2)(b)10.paragraph299(2)(i).300 (7) The board of trustees shall annually submit to the 301 Governor, the Legislature, the Commissioner of Education, and 302 the State Board of Education the audit report prepared pursuant 303 to subsection (6) and a complete and detailed report setting 304 forth: 305 (b) Themarketing andoperational plan for the Florida 306 Virtual Schooland Florida Virtual School Global, including 307 recommendations regarding methods for improving the delivery of 308 digital educationthrough the Internet and other distance309learning technology. 310 (12) The board of trustees shall establish an Office of the 311 Inspector General within the school using existing resources and 312 funds. The office is responsible for promoting accountability, 313 efficiency, and effectiveness and detecting fraud and abuse 314 within the school. If there are substantiated allegations made 315 by any person relating to waste, fraud, or financial 316 mismanagement within the school, the office shall conduct, 317 coordinate, or request investigations into such substantiated 318 allegations. The office shall investigate allegations or reports 319 of possible fraud or abuse against the school or its staff or 320 students. The office shall have access to all information and 321 personnel necessary to perform its duties. 322 Section 3. Paragraphs (b) and (d) of subsection (1) and 323 paragraph (a) of subsection (2) of section 1002.45, Florida 324 Statutes, are amended to read: 325 1002.45 Virtual instruction programs.— 326 (1) PROGRAM.— 327 (b) Each school districtthat is eligible for the sparsity328supplement pursuant to s. 1011.62(7)(a) and (b)shall provide 329 all enrolled public school students within its boundaries the 330 option of participating in part-time and full-time virtual 331 instruction programs and. Each school district that is not332eligible for the sparsity supplement pursuant to s.3331011.62(7)(a) and (b) shall provide at least three options for334part-time and full-time virtual instruction. All school335districtsmust provide parents with timely written notification 336 of at least one open enrollment period for full-time students of 337 90 days or more which ends 30 days before the first day of the 338 school year. The purpose of the program is to make quality 339 virtual instruction available to students using online and 340 distance learning technology in the nontraditional classroom. A 341 school district virtual instruction program shall consist of the 342 following: 343 1. Full-time and part-time virtual instruction for students 344 enrolled in kindergarten through grade 12. 345 2. Full-time or part-time virtual instruction for students 346 enrolled in dropout prevention and academic intervention 347 programs under s. 1003.53, Department of Juvenile Justice 348 education programs under s. 1003.52, core-curricula courses to 349 meet class size requirements under s. 1003.03, or Florida 350 College System institutions under this section. 351 (d) A virtual charter school may provide full-time virtual 352 instruction for students in kindergarten through grade 12 if the 353 virtual charter school has a charter approved pursuant to s. 354 1002.33 authorizing full-time virtual instruction. A virtual 355 charter school may provide part-time virtual instruction for 356 such students if the school has provided full-time instruction 357 for at least 1 school year. A virtual charter school may: 358 1. Contract with the Florida Virtual School. 359 2. Contract with an approved provider under subsection (2). 360 3. Enter into an agreement with a school district to allow 361 the participation of the virtual charter school’s students in 362 the school district’s virtual instruction program. The agreement 363 must indicate a process for reporting of student enrollment and 364 the transfer of funds required by paragraph (7)(e). 365 (2) PROVIDER QUALIFICATIONS.— 366 (a) The department shall annually publish online a list of 367 providers approved to offer virtual instruction programs. To be 368 approved by the department, a provider must document that it: 369 1. Is nonsectarian in its programs, admission policies, 370 employment practices, and operations; 371 2. Complies with the antidiscrimination provisions of s. 372 1000.05; 373 3. Locates an administrative office or offices in this 374 state, requires its administrative staff to be state residents, 375 requires all instructional staff to be Florida-certified 376 teachers under chapter 1012 and conducts background screenings 377 for all employees or contracted personnel, as required by s. 378 1012.32, using state and national criminal history records; 379 4. Provides to parents and students specific information 380 posted and accessible online that includes, but is not limited 381 to, the following teacher-parent and teacher-student contact 382 information for each course: 383 a. How to contact the instructor via phone, e-mail, or 384 online messaging tools. 385 b. How to contact technical support via phone, e-mail, or 386 online messaging tools. 387 c. How to contact the administration office via phone, e 388 mail, or online messaging tools. 389 d. Any requirement for regular contact with the instructor 390 for the course and clear expectations for meeting the 391 requirement. 392 e. The requirement that the instructor in each course must, 393 at a minimum, conduct one contact via phone with the parent and 394 the student each month; 395 5. Possesses prior, successful experience offering online 396 courses to elementary, middle, or high school students as 397 demonstrated by quantified student learning gains in each 398 subject area and grade level provided for consideration as an 399 instructional program option. However, for a provider without 400 sufficient prior, successful experience offering online courses, 401 the department may conditionally approve the provider to offer 402 courses measured pursuant to subparagraph (8)(a)2. Conditional 403 approval shall be valid for 1 school year only and, based on the 404 provider’s experience in offering the courses, the department 405 shall determine whether to grant approval to offer a virtual 406 instruction program. However, the department may conditionally 407 approve a provider for 2 school years at its discretion based on 408 the provider’s success in other states; 409 6. Is accredited by a regional accrediting association as 410 defined by State Board of Education rule; 411 7. Ensures instructional and curricular quality through a 412 detailed curriculum and student performance accountability plan 413 that addresses every subject and grade level it intends to 414 provide through contract with the school district, including: 415 a. Courses and programs that meet the standards of the 416 International Association for K-12 Online Learning and the 417 Southern Regional Education Board. 418 b. Instructional content and services that align with, and 419 measure student attainment of, student proficiency in the Next 420 Generation Sunshine State Standards. 421 c. Mechanisms that determine and ensure that a student has 422 satisfied requirements for grade level promotion and high school 423 graduation with a standard diploma, as appropriate; 424 8. Publishes for the general public, in accordance with 425 disclosure requirements adopted in rule by the State Board of 426 Education, as part of its application as a provider and in all 427 contracts negotiated pursuant to this section: 428 a. Information and data about the curriculum of each full 429 time and part-time program. 430 b. School policies and procedures. 431 c. Certification status and physical location of all 432 administrative and instructional personnel. 433 d. Hours and times of availability of instructional 434 personnel. 435 e. Student-teacher ratios. 436 f. Student completion and promotion rates. 437 g. Student, educator, and school performance accountability 438 outcomes; 439 9. If the provider is a Florida College System institution, 440 employs instructors who meet the certification requirements for 441 instructional staff under chapter 1012; and 442 10. Performs an annual financial audit of its accounts and 443 records conducted by an independent certified public accountant 444 which is in accordance with rules adopted by the Auditor 445 General, is conducted in compliance with generally accepted 446 auditing standards, and includes a report on financial 447 statements presented in accordance with generally accepted 448 accounting principles. 449 Section 4. This act shall take effect July 1, 2020.