FL
Florida House Bill H1533

Florida 2022 Regular Session

Florida House Bill H1533 Compare Versions

Only one version of the bill is available at this time.
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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to virtual learning; amending s. 2
1616 1002.37, F.S.; revising the purpose of the Florida 3
1717 Virtual School to provide for the development and 4
1818 delivery of blended learning; requiring the Florida 5
1919 Virtual School to give priority to students enrolled 6
2020 in certain Department of Corrections education 7
2121 programs; conforming a reporting requirement to 8
2222 changes made by the act; revising the calculation of 9
2323 funding for the Florida Virtual School; requiring 10
2424 full-time equivalent students enrolled in a certain 11
2525 blended learning program to be reported to the 12
2626 Department of Education in a specified manner; 13
2727 specifying conditions under which the Florida Virtual 14
2828 School may be funded through the Florida Education 15
2929 Finance Program; revising the requirements of a report 16
3030 that the board of trustees of the Florida Virtual 17
3131 School must annually submit to certain entities, 18
3232 beginning with a specified school year; requiring 19
3333 students enrolled in the Florida Virtual School 20
3434 Justice Education Program to take specified 21
3535 examinations and assessm ents at institutions or 22
3636 facilities operated by, or under the supervision of, 23
3737 the Department of Corrections; providing for the 24
3838 determination of Florida Virtual School performance 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 related to the Justice Education Program; creating s. 26
5252 1002.371, F.S.; requirin g the Florida Virtual School 27
5353 to establish the Florida Virtual School Justice 28
5454 Education Program, beginning with a specified school 29
5555 year; providing the purpose of the program; specifying 30
5656 criteria for course delivery; requiring the Florida 31
5757 Virtual School to report program students separately 32
5858 from other students for funding purposes; providing 33
5959 for funding of students enrolled in the program; 34
6060 authorizing students who turn 22 years of age while 35
6161 enrolled in the program to remain enrolled under 36
6262 certain circumstance s; prohibiting funding for such a 37
6363 student from being reported through the Florida 38
6464 Education Finance Program; requiring the Department of 39
6565 Education, with assistance from specified entities, to 40
6666 select a common student assessment instrument and 41
6767 protocol for measuring student learning gains and 42
6868 progression; requiring specified entities to jointly 43
6969 review such assessment instrument and protocol and 44
7070 implement changes as necessary; authorizing students 45
7171 to appeal removal from the Florida Virtual School 46
7272 Justice Education Program, subject to a final 47
7373 determination on the appeal by the Commissioner of 48
7474 Education; requiring the Florida Virtual School to 49
7575 negotiate by a specified date and annually thereafter 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 a cooperative agreement with the Department of 51
8989 Corrections to imple ment the Florida Virtual School 52
9090 Justice Education Program for the delivery of 53
9191 educational services to students under the 54
9292 jurisdiction of the Department of Corrections; 55
9393 providing requirements for such agreement; providing 56
9494 construction; requiring the state b oard and the 57
9595 Department of Corrections to adopt rules; amending s. 58
9696 1011.61, F.S.; revising the definition of the term 59
9797 "full-time equivalent student"; amending s. 1011.62, 60
9898 F.S.; conforming a provision to changes made by the 61
9999 act; providing an effective date. 62
100100 63
101101 Be It Enacted by the Legislature of the State of Florida: 64
102102 65
103103 Section 1. Present paragraphs (c) through (g) of 66
104104 subsection (3) of section 1002.37, Florida Statutes, are 67
105105 redesignated as paragraphs (d) through (h), respectively, a new 68
106106 paragraph (c) and paragraph (i) are added to that subsection, 69
107107 paragraph (e) is added to subsection (10) of that section, and 70
108108 paragraphs (a) and (b) of subsection (1), paragraphs (c) and (j) 71
109109 of subsection (2), paragraph (a) of subsection (3), and 72
110110 subsections (7) and (11) of that section are amended, to read: 73
111111 1002.37 The Florida Virtual School. — 74
112112 (1)(a) The Florida Virtual School is established for the 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125125 development and delivery of online and blended distance learning 76
126126 education. The Commissioner of Education shall monitor the 77
127127 school's performance and report its performance to the State 78
128128 Board of Education and the Legislature. 79
129129 (b) The mission of the Florida Virtual School is to 80
130130 provide students with technology -based educational opportunities 81
131131 to gain the knowledge and skills necessary to succeed. The 82
132132 school shall serve any student in this the state who meets the 83
133133 profile for success in this educational delivery context and 84
134134 shall give priority to: 85
135135 1. Students who need expanded access to courses in order 86
136136 to meet their educatio nal goals, such as home education students 87
137137 and students in inner -city and rural high schools who do not 88
138138 have access to higher -level courses. 89
139139 2. Students seeking accelerated access in order to obtain 90
140140 a high school diploma at least one semester early. 91
141141 3. Students who are children of an active duty member of 92
142142 the United States Armed Forces who is not stationed in this 93
143143 state whose home of record or state of legal residence is 94
144144 Florida. 95
145145 4. Students enrolled in the Florida Virtual School Justice 96
146146 Education Program pursuant to s. 1002.371. 97
147147 98
148148 The board of trustees of the Florida Virtual School shall 99
149149 identify appropriate performance measures and standards based on 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162162 student achievement that reflect the school's statutory mission 101
163163 and priorities, and shall implement an accountability system for 102
164164 the school that includes assessment of its effectiveness and 103
165165 efficiency in providing quality services that encourage high 104
166166 student achievement, seamless articulation, and maximum access. 105
167167 (2) The Florida Virtual School shall be g overned by a 106
168168 board of trustees comprised of seven members appointed by the 107
169169 Governor to 4-year staggered terms. The board of trustees shall 108
170170 be a public agency entitled to sovereign immunity pursuant to s. 109
171171 768.28, and board members shall be public officers w ho shall 110
172172 bear fiduciary responsibility for the Florida Virtual School. 111
173173 The board of trustees shall have the following powers and 112
174174 duties: 113
175175 (c) The board of trustees shall aggressively seek avenues 114
176176 to generate revenue to support its future endeavors, and shall 115
177177 enter into agreements with blended distance learning providers. 116
178178 The board of trustees may acquire, enjoy, use, and dispose of 117
179179 patents, copyrights, and trademarks and any licenses and other 118
180180 rights or interests thereunder or therein. Ownership of all such 119
181181 patents, copyrights, trademarks, licenses, and rights or 120
182182 interests thereunder or therein shall vest in the state, with 121
183183 the board of trustees having full right of use and full right to 122
184184 retain the revenues derived therefrom. Any funds realized from 123
185185 patents, copyrights, trademarks, or licenses are shall be 124
186186 considered internal funds as provided in s. 1011.07. Such funds 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199199 shall be used to suppor t the school's marketing and research and 126
200200 development activities in order to improve courseware and 127
201201 services to its students. 128
202202 (j) The board of trustees shall submit to the State Board 129
203203 of Education both forecasted and actual enrollments and credit 130
204204 completions for the Florida Virtual School, according to 131
205205 procedures established by the State Board of Education. At a 132
206206 minimum, such procedures must include the number of public, 133
207207 private, and home education students served , by program and by 134
208208 county of residence, and the number of students enrolled in the 135
209209 Florida Virtual School Justice Education Program pursuant to s. 136
210210 1002.371. 137
211211 138
212212 The Governor shall designate the initial chair of the board of 139
213213 trustees to serve a term of 4 years. Members of the board of 140
214214 trustees shall serve without compensation, but may be reimbursed 141
215215 for per diem and travel expenses pursuant to s. 112.061. The 142
216216 board of trustees shall be a body corporate with all the powers 143
217217 of a body corporate and such authority as is needed for the 144
218218 proper operation and improvement of the Florida Virtual School. 145
219219 The board of trustees is specifically authorized to adopt rules, 146
220220 policies, and procedures, consistent with law and rules of the 147
221221 State Board of Education related to governance, personnel, 148
222222 budget and finance, admini stration, programs, curriculum and 149
223223 instruction, travel and purchasing, technology, students, 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236236 contracts and grants, and property as necessary for optimal, 151
237237 efficient operation of the Florida Virtual School. Tangible 152
238238 personal property owned by the board of tr ustees shall be 153
239239 subject to the provisions of chapter 273. 154
240240 (3) Funding for the Florida Virtual School shall be 155
241241 provided as follows: 156
242242 (a)1. The calculation of a "full-time equivalent student" 157
243243 enrolled in an online learning program must shall be as 158
244244 prescribed in s. 1011.61(1)(c)1.b.(V) and is subject to s. 159
245245 1011.61(4). 160
246246 2. The calculation of a "full -time equivalent student" 161
247247 enrolled in a blended learning program offered pursuant to s. 162
248248 1002.371 must be as prescribed in s. 1011.61(1)(c)1.b.(I) and is 163
249249 subject to s. 1011.61(4). 164
250250 3. For a student in a home education program, funding 165
251251 shall be provided in accordance with this subsection upon course 166
252252 completion if the parent verifies, upon enrollment for each 167
253253 course, that the student is registered with the school di strict 168
254254 as a home education student pursuant to s. 1002.41(1)(a). 169
255255 (c) A full-time equivalent student enrolled in a blended 170
256256 learning program offered pursuant to s. 1002.371, including a 171
257257 student enrolled during the summer, must be reported to the 172
258258 Department of Education in the manner the department prescribes 173
259259 and must be funded through the Florida Education Finance 174
260260 Program. 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273273 (i) The Florida Virtual School may be funded for blended 176
274274 learning through the Florida Education Finance Program only for 177
275275 full-time students enrolled in the Florida Virtual School 178
276276 Justice Education Program pursuant to s. 1002.371. However, such 179
277277 students may enroll in online courses and be funded as provided 180
278278 in paragraph (a). 181
279279 (7) The board of trustees shall annually submit to the 182
280280 Governor, the Legislature, the Commissioner of Education, and 183
281281 the State Board of Education the audit report prepared pursuant 184
282282 to subsection (6) and a complete and detailed report setting 185
283283 forth: 186
284284 (a) The operations and accomplishments of the Florida 187
285285 Virtual School within this the state and those occurring outside 188
286286 this the state as Florida Virtual School Global and, beginning 189
287287 with the 2022-2023 school year, the Florida Virtual School 190
288288 Justice Education Program established under s. 1002.371 . 191
289289 (b) The marketing an d operational plan for the Florida 192
290290 Virtual School, and Florida Virtual School Global, and, 193
291291 beginning with the 2022 -2023 school year, the Florida Virtual 194
292292 School Justice Education Program established under s. 1002.371, 195
293293 including recommendations regarding met hods for improving the 196
294294 delivery of education through the Internet and other distance 197
295295 learning technology. 198
296296 (c) The assets and liabilities of the Florida Virtual 199
297297 School and Florida Virtual School Global at the end of the 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310310 fiscal year. 201
311311 (d) Recommendations regarding the unit cost of providing 202
312312 services to students through the Florida Virtual School , and 203
313313 Florida Virtual School Global , and, beginning with the 2022 -2023 204
314314 school year, the Florida Virtual School Justice Education 205
315315 Program established under s. 1002.3 71. In order to most 206
316316 effectively develop public policy regarding any future funding 207
317317 of the Florida Virtual School, it is imperative that the cost of 208
318318 the program is accurately identified. The identified cost of the 209
319319 program must be based on reliable data. 210
320320 (e) Recommendations regarding an accountability mechanism 211
321321 to assess the effectiveness of the services provided by the 212
322322 Florida Virtual School , and Florida Virtual School Global , and, 213
323323 beginning with the 2022 -2023 school year, the Florida Virtual 214
324324 School Justice Education Program established under s. 1002.371 . 215
325325 (10) 216
326326 (e) Students enrolled in the Florida Virtual School 217
327327 Justice Education Program pursuant to s. 1002.371 must take all 218
328328 industry certification examinations, national assessments, and 219
329329 statewide, standardized assessments at the institution or 220
330330 facility operated by, or under the supervision of, the 221
331331 Department of Corrections. 222
332332 (11) The Florida Virtual School shall receive a school 223
333333 grade pursuant to s. 1008.34 for students receiving full -time 224
334334 instruction pursuant to this section . School performance for the 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347347 Florida Virtual School as it relates to the Justice Education 226
348348 Program must be assessed based on student learning gains and 227
349349 student progression as demonstrated by the student assessment 228
350350 instrument and proto col selected pursuant to s. 1002.371(6). 229
351351 Section 2. Section 1002.371, Florida Statutes, is created 230
352352 to read: 231
353353 1002.371 Florida Virtual School Justice Education 232
354354 Program.— 233
355355 (1) Beginning with the 2022 -2023 school year, the Florida 234
356356 Virtual School shall e stablish the Florida Virtual School 235
357357 Justice Education Program to offer inmates younger than 22 years 236
358358 of age housed in institutions and facilities operated by, or 237
359359 under the supervision of, the Department of Corrections the 238
360360 opportunity to earn a standard hig h school diploma pursuant to 239
361361 s. 1003.4282. Courses must be delivered in an educational 240
362362 setting under the supervision of the Department of Corrections 241
363363 by Florida Virtual School personnel certified pursuant to s. 242
364364 1012.55 who provide instruction through onlin e courses pursuant 243
365365 to s. 1002.37 or through blended learning courses consisting of 244
366366 both traditional classroom and online instructional techniques. 245
367367 Students in blended learning courses must be full -time students 246
368368 of the school as provided in s. 1011.61(1)(a) 1. The funding, 247
369369 performance, and accountability requirements for blended 248
370370 learning courses are the same as those for traditional classroom 249
371371 courses. 250
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384384 (2) The Florida Virtual School shall separately report all 251
385385 students enrolled in the program for purposes of the Florida 252
386386 Education Finance Program. 253
387387 (3) The Florida Virtual School shall receive state funds 254
388388 for operating purposes as provided in the General Appropriations 255
389389 Act for students enrolled in the program. The calculation to 256
390390 determine the amount of state f unds shall be as prescribed in s. 257
391391 1002.37(3)(g). 258
392392 (4) The program must include and receive funding for a 259
393393 summer school period that must begin on the day immediately 260
394394 following the end of the regular school year and end on the day 261
395395 immediately preceding the subsequent regular school year. 262
396396 Students may not be funded for more than 25 hours per week of 263
397397 instruction. 264
398398 (5) A student who turns 22 years of age while enrolled in 265
399399 the program may remain enrolled if his or her continued 266
400400 enrollment is approved by the Flo rida Virtual School and the 267
401401 Department of Corrections; however, funding for such a student 268
402402 may not be reported through the Florida Education Finance 269
403403 Program. 270
404404 (6) The Department of Education, with the assistance of 271
405405 the Florida Virtual School and the Depar tment of Corrections, 272
406406 shall select a common student assessment instrument and protocol 273
407407 for measuring student learning gains and student progression for 274
408408 students receiving full -time instruction pursuant to this 275
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417417 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421421 section. The Department of Education, the Flor ida Virtual 276
422422 School, and the Department of Corrections, jointly, shall review 277
423423 the effectiveness of such assessment instrument and protocol and 278
424424 implement changes as necessary. 279
425425 (7) A student who is removed from the program may appeal 280
426426 to the Department of Ed ucation to seek reinstatement, subject to 281
427427 a final determination on the appeal by the Commissioner of 282
428428 Education. 283
429429 (8) By July 1, 2023, and annually thereafter, the Florida 284
430430 Virtual School shall negotiate a cooperative agreement with the 285
431431 Department of Corrections for the delivery of educational 286
432432 services to students under the jurisdiction of the Department of 287
433433 Corrections to implement the program. Such agreement must 288
434434 provide for, but is not limited to: 289
435435 (a) Roles and responsibilities of the Florida Virtual 290
436436 School and the Department of Corrections, including the roles 291
437437 and responsibilities of contract providers. 292
438438 (b) Resolution of administrative issues, including 293
439439 procedures for sharing information. 294
440440 (c) Allocation of resources, including the maximiza tion of 295
441441 state and federal funding. 296
442442 (d) Procedures for educational evaluation for exceptional 297
443443 education students and those with special needs. 298
444444 (e) Procedures for individualized progress monitoring 299
445445 plans developed for all students not classified upon ent ry to 300
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454454 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458458 the program as exceptional education students. These plans must 301
459459 address academic, literacy, career, and technical skills and 302
460460 must include provisions for intensive remedial instruction in 303
461461 areas of weakness. 304
462462 (f) Curriculum and delivery of instruction , including 305
463463 resources required for delivery of instruction through 306
464464 technological means. 307
465465 (g) Procedures for assessments, including, but not limited 308
466466 to, industry certification examinations, national assessments, 309
467467 and statewide, standardized assessments admi nistered pursuant to 310
468468 s. 1008.22 at an institution or facility operated by the 311
469469 Department of Corrections. 312
470470 (h) Classroom management procedures and attendance 313
471471 policies. 314
472472 (i) Procedures for provision of qualified personnel, 315
473473 whether supplied by the Florida V irtual School or the Department 316
474474 of Corrections, and for the performance of their duties in a 317
475475 Department of Corrections setting. 318
476476 (j) Provisions for improving skills in teaching and 319
477477 working with students in the program. 320
478478 (k) Transition plans for students moving into and out of 321
479479 the program, including graduates transitioning to postsecondary 322
480480 education or into the workforce. 323
481481 (l) Procedures and timelines for the timely documentation 324
482482 of credits earned and the transfer of student records. 325
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491491 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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495495 (m) Methods and pro cedures for dispute resolution. 326
496496 (n) Provisions for ensuring the safety of education 327
497497 personnel and support for the agreed -upon education program. 328
498498 (9) This section and the cooperative agreement required 329
499499 under subsection (8) do not require the Florida Vir tual School 330
500500 to provide more services than can be supported by the funds 331
501501 generated by students participating in the program. 332
502502 (10) This section does not prohibit a student from 333
503503 participating in the Correctional Education Program pursuant to 334
504504 s. 944.801. 335
505505 (11) The State Board of Education and the Department of 336
506506 Corrections shall adopt rules to administer this section. 337
507507 Section 3. Paragraph (c) of subsection (1) of section 338
508508 1011.61, Florida Statutes, is amended to read: 339
509509 1011.61 Definitions. —Notwithstanding the provisions of s. 340
510510 1000.21, the following terms are defined as follows for the 341
511511 purposes of the Florida Education Finance Program: 342
512512 (1) A "full-time equivalent student" in each program of 343
513513 the district is defined in terms of full -time students and part -344
514514 time students as follows: 345
515515 (c)1. A "full-time equivalent student" is: 346
516516 a. A full-time student in any one of the programs listed 347
517517 in s. 1011.62(1)(c); or 348
518518 b. A combination of full -time or part-time students in any 349
519519 one of the programs listed in s. 1011.62(1 )(c) which is the 350
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528528 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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532532 equivalent of one full -time student based on the following 351
533533 calculations: 352
534534 (I) A full-time student in a combination of programs 353
535535 listed in s. 1011.62(1)(c) shall be a fraction of a full -time 354
536536 equivalent membership in each special program eq ual to the 355
537537 number of net hours per school year for which he or she is a 356
538538 member, divided by the appropriate number of hours set forth in 357
539539 subparagraph (a)1. The difference between that fraction or sum 358
540540 of fractions and the maximum value as set forth in subsec tion 359
541541 (4) for each full-time student is presumed to be the balance of 360
542542 the student's time not spent in a special program and shall be 361
543543 recorded as time in the appropriate basic program. 362
544544 (II) A prekindergarten student with a disability shall 363
545545 meet the requirements specified for kindergarten students. 364
546546 (III) A full-time equivalent student for students in 365
547547 kindergarten through grade 12 in a full -time virtual instruction 366
548548 program under s. 1002.45 or a virtual charter school under s. 367
549549 1002.33 shall consist of six fu ll-credit completions or the 368
550550 prescribed level of content that counts toward promotion to the 369
551551 next grade in programs listed in s. 1011.62(1)(c). Credit 370
552552 completions may be a combination of full -credit courses or half -371
553553 credit courses. 372
554554 (IV) A full-time equivalent student for students in 373
555555 kindergarten through grade 12 in a part -time virtual instruction 374
556556 program under s. 1002.45 shall consist of six full -credit 375
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565565 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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569569 completions in programs listed in s. 1011.62(1)(c)1. and 3. 376
570570 Credit completions may be a combination of f ull-credit courses 377
571571 or half-credit courses. 378
572572 (V) A Florida Virtual School full -time equivalent student 379
573573 in an online program shall consist of six full -credit 380
574574 completions or the prescribed level of content that counts 381
575575 toward promotion to the next grade in the programs listed in s. 382
576576 1011.62(1)(c)1. and 3. for students participating in 383
577577 kindergarten through grade 12 part -time virtual instruction and 384
578578 the programs listed in s. 1011.62(1)(c) for students 385
579579 participating in kindergarten through grade 12 full -time virtual 386
580580 instruction. Credit completions may be a combination of full -387
581581 credit courses or half -credit courses. 388
582582 (VI) Each successfully completed full-credit course earned 389
583583 through an online course delivered by a district other than the 390
584584 one in which the student resides shall be calculated as 1/6 FTE. 391
585585 (VII) A full-time equivalent student for courses requiring 392
586586 passage of a statewide, s tandardized end-of-course assessment 393
587587 under s. 1003.4282 to earn a standard high school diploma shall 394
588588 be defined and reported based on the number of instructional 395
589589 hours as provided in this subsection. 396
590590 (VIII) For students enrolled in a school district as a 397
591591 full-time student, the district may report 1/6 FTE for each 398
592592 student who passes a statewide, standardized end -of-course 399
593593 assessment without being enrolled in the corresponding course. 400
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602602 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603603
604604
605605
606606 2. A student in membership in a program scheduled for more 401
607607 or less than 180 school days or the equivalent on an hourly 402
608608 basis as specified by rules of the State Board of Education is a 403
609609 fraction of a full-time equivalent membership equal to the 404
610610 number of instructional hours in membership divided by the 405
611611 appropriate number of hou rs set forth in subparagraph (a)1.; 406
612612 however, for the purposes of this subparagraph, membership in 407
613613 programs scheduled for more than 180 days is limited to students 408
614614 enrolled in: 409
615615 a. Juvenile justice education programs. 410
616616 b. The Florida Virtual School. 411
617617 c. Virtual instruction programs and virtual charter 412
618618 schools for the purpose of course completion and credit recovery 413
619619 pursuant to ss. 1002.45 and 1003.498. Course completion applies 414
620620 only to a student who is reported during the second or third 415
621621 membership surveys and who does not complete a virtual education 416
622622 course by the end of the regular school year. The course must be 417
623623 completed no later than the deadline for amending the final 418
624624 student enrollment survey for that year. Credit recovery applies 419
625625 only to a student who has unsuccessfully completed a traditional 420
626626 or virtual education course during the regular school year and 421
627627 must retake the course in order to be eligible to graduate with 422
628628 the student's class. 423
629629 424
630630 The full-time equivalent student enrollment calculated under 425
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639639 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640640
641641
642642
643643 this subsection is subject to the requirements in subsection 426
644644 (4). 427
645645 428
646646 The department shall determine and implement an equitable method 429
647647 of equivalent funding for schools operating under emergency 430
648648 conditions, which schools have been approved by the department 431
649649 to operate for less than the minimum term as provided in s. 432
650650 1011.60(2). 433
651651 Section 4. Paragraph (f) of subsection (1) of section 434
652652 1011.62, Florida Statutes, is amended to read: 435
653653 1011.62 Funds for operation of schools. —If the annual 436
654654 allocation from the Florida Education Finance Program to each 437
655655 district for operation of schools is not determined in the 438
656656 annual appropriations act or the substantive bill implementing 439
657657 the annual appropriations act, it s hall be determined as 440
658658 follows: 441
659659 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR 442
660660 OPERATION.—The following procedure shall be followed in 443
661661 determining the annual allocation to each district for 444
662662 operation: 445
663663 (f) Supplemental academic instruction alloca tion.— 446
664664 1. There is created the supplemental academic instruction 447
665665 allocation to provide supplemental academic instruction to 448
666666 students in kindergarten through grade 12. 449
667667 2. The supplemental academic instruction allocation shall 450
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676676 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677677
678678
679679
680680 be provided annually in the Florida Education Finance Program as 451
681681 specified in the General Appropriations Act. These funds are in 452
682682 addition to the funds appropriated on the basis of FTE student 453
683683 membership in the Florida Education Finance Program and shall be 454
684684 included in the total pote ntial funds of each district. 455
685685 Beginning with the 2018 -2019 fiscal year, each school district 456
686686 that has a school earning a grade of "D" or "F" pursuant to s. 457
687687 1008.34 must use that school's portion of the supplemental 458
688688 academic instruction allocation to implem ent intervention and 459
689689 support strategies for school improvement pursuant to s. 1008.33 460
690690 and for salary incentives pursuant to s. 1012.2315(3) or salary 461
691691 supplements pursuant to s. 1012.22(1)(c)5.c. that are provided 462
692692 through a memorandum of understanding betwe en the collective 463
693693 bargaining agent and the school board that addresses the 464
694694 selection, placement, and expectations of instructional 465
695695 personnel and school administrators. For all other schools, the 466
696696 school district's use of the supplemental academic instructio n 467
697697 allocation may include, but is not limited to, the use of a 468
698698 modified curriculum; reading instruction; after -school 469
699699 instruction; tutoring; mentoring; a reduction in class size; 470
700700 extended school year; intensive skills development in summer 471
701701 school; dropout prevention programs as defined in ss. 1003.52 472
702702 and 1003.53(1)(a), (b), and (c); and other methods of improving 473
703703 student achievement. Supplemental academic instruction may be 474
704704 provided to a student in any manner and at any time during or 475
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713713 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714714
715715
716716
717717 beyond the regular 180 -day term identified by the school as 476
718718 being the most effective and efficient way to best help that 477
719719 student progress from grade to grade and to graduate. 478
720720 3. The supplemental academic instruction allocation shall 479
721721 consist of a base amount that has a workload adjustment based on 480
722722 changes in unweighted FTE. The supplemental academic instruction 481
723723 allocation shall be recalculated during the fiscal year. Upon 482
724724 recalculation of funding for the supplemental academic 483
725725 instruction allocation, if the total allocation is gr eater than 484
726726 the amount provided in the General Appropriations Act, the 485
727727 allocation shall be prorated to the level provided to support 486
728728 the appropriation, based on each district's share of the total. 487
729729 4. Funding on the basis of FTE membership beyond the 180 -488
730730 day regular term shall be provided in the FEFP only for students 489
731731 enrolled in juvenile justice education programs , the Florida 490
732732 Virtual School Justice Education Program pursuant to s. 491
733733 1002.371, or in education programs for juveniles placed in 492
734734 secure facilities or programs under s. 985.19. Funding for 493
735735 instruction beyond the regular 180 -day school year for all other 494
736736 K-12 students shall be provided through the supplemental 495
737737 academic instruction allocation and other state, federal, and 496
738738 local fund sources with ample flexibility for schools to provide 497
739739 supplemental instruction to assist students in progressing from 498
740740 grade to grade and graduating. 499
741741 Section 5. This act shall take effect July 1, 2022. 500