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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
A bill to be entitled 1
An act relating to virtual learning; amending s. 2
1002.37, F.S.; revising the purpose of the Florida 3
Virtual School to provide for the development and 4
delivery of blended learning; requiring the Florida 5
Virtual School to give priority to students enrolled 6
in certain Department of Corrections education 7
programs; conforming a reporting requirement to 8
changes made by the act; revising the calculation of 9
funding for the Florida Virtual School; requiring 10
full-time equivalent students enrolled in a certain 11
blended learning program to be reported to the 12
Department of Education in a specified manner; 13
specifying conditions under which the Florida Virtual 14
School may be funded through the Florida Education 15
Finance Program; revising the requirements of a report 16
that the board of trustees of the Florida Virtual 17
School must annually submit to certain entities, 18
beginning with a specified school year; requiring 19
students enrolled in the Florida Virtual School 20
Justice Education Program to take specified 21
examinations and assessm ents at institutions or 22
facilities operated by, or under the supervision of, 23
the Department of Corrections; providing for the 24
determination of Florida Virtual School performance 25
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related to the Justice Education Program; creating s. 26
1002.371, F.S.; requirin g the Florida Virtual School 27
to establish the Florida Virtual School Justice 28
Education Program, beginning with a specified school 29
year; providing the purpose of the program; specifying 30
criteria for course delivery; requiring the Florida 31
Virtual School to report program students separately 32
from other students for funding purposes; providing 33
for funding of students enrolled in the program; 34
authorizing students who turn 22 years of age while 35
enrolled in the program to remain enrolled under 36
certain circumstance s; prohibiting funding for such a 37
student from being reported through the Florida 38
Education Finance Program; requiring the Department of 39
Education, with assistance from specified entities, to 40
select a common student assessment instrument and 41
protocol for measuring student learning gains and 42
progression; requiring specified entities to jointly 43
review such assessment instrument and protocol and 44
implement changes as necessary; authorizing students 45
to appeal removal from the Florida Virtual School 46
Justice Education Program, subject to a final 47
determination on the appeal by the Commissioner of 48
Education; requiring the Florida Virtual School to 49
negotiate by a specified date and annually thereafter 50
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a cooperative agreement with the Department of 51
Corrections to imple ment the Florida Virtual School 52
Justice Education Program for the delivery of 53
educational services to students under the 54
jurisdiction of the Department of Corrections; 55
providing requirements for such agreement; providing 56
construction; requiring the state b oard and the 57
Department of Corrections to adopt rules; amending s. 58
1011.61, F.S.; revising the definition of the term 59
"full-time equivalent student"; amending s. 1011.62, 60
F.S.; conforming a provision to changes made by the 61
act; providing an effective date. 62
63
Be It Enacted by the Legislature of the State of Florida: 64
65
Section 1. Present paragraphs (c) through (g) of 66
subsection (3) of section 1002.37, Florida Statutes, are 67
redesignated as paragraphs (d) through (h), respectively, a new 68
paragraph (c) and paragraph (i) are added to that subsection, 69
paragraph (e) is added to subsection (10) of that section, and 70
paragraphs (a) and (b) of subsection (1), paragraphs (c) and (j) 71
of subsection (2), paragraph (a) of subsection (3), and 72
subsections (7) and (11) of that section are amended, to read: 73
1002.37 The Florida Virtual School. — 74
(1)(a) The Florida Virtual School is established for the 75
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development and delivery of online and blended distance learning 76
education. The Commissioner of Education shall monitor the 77
school's performance and report its performance to the State 78
Board of Education and the Legislature. 79
(b) The mission of the Florida Virtual School is to 80
provide students with technology -based educational opportunities 81
to gain the knowledge and skills necessary to succeed. The 82
school shall serve any student in this the state who meets the 83
profile for success in this educational delivery context and 84
shall give priority to: 85
1. Students who need expanded access to courses in order 86
to meet their educatio nal goals, such as home education students 87
and students in inner -city and rural high schools who do not 88
have access to higher -level courses. 89
2. Students seeking accelerated access in order to obtain 90
a high school diploma at least one semester early. 91
3. Students who are children of an active duty member of 92
the United States Armed Forces who is not stationed in this 93
state whose home of record or state of legal residence is 94
Florida. 95
4. Students enrolled in the Florida Virtual School Justice 96
Education Program pursuant to s. 1002.371. 97
98
The board of trustees of the Florida Virtual School shall 99
identify appropriate performance measures and standards based on 100
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student achievement that reflect the school's statutory mission 101
and priorities, and shall implement an accountability system for 102
the school that includes assessment of its effectiveness and 103
efficiency in providing quality services that encourage high 104
student achievement, seamless articulation, and maximum access. 105
(2) The Florida Virtual School shall be g overned by a 106
board of trustees comprised of seven members appointed by the 107
Governor to 4-year staggered terms. The board of trustees shall 108
be a public agency entitled to sovereign immunity pursuant to s. 109
768.28, and board members shall be public officers w ho shall 110
bear fiduciary responsibility for the Florida Virtual School. 111
The board of trustees shall have the following powers and 112
duties: 113
(c) The board of trustees shall aggressively seek avenues 114
to generate revenue to support its future endeavors, and shall 115
enter into agreements with blended distance learning providers. 116
The board of trustees may acquire, enjoy, use, and dispose of 117
patents, copyrights, and trademarks and any licenses and other 118
rights or interests thereunder or therein. Ownership of all such 119
patents, copyrights, trademarks, licenses, and rights or 120
interests thereunder or therein shall vest in the state, with 121
the board of trustees having full right of use and full right to 122
retain the revenues derived therefrom. Any funds realized from 123
patents, copyrights, trademarks, or licenses are shall be 124
considered internal funds as provided in s. 1011.07. Such funds 125
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shall be used to suppor t the school's marketing and research and 126
development activities in order to improve courseware and 127
services to its students. 128
(j) The board of trustees shall submit to the State Board 129
of Education both forecasted and actual enrollments and credit 130
completions for the Florida Virtual School, according to 131
procedures established by the State Board of Education. At a 132
minimum, such procedures must include the number of public, 133
private, and home education students served , by program and by 134
county of residence, and the number of students enrolled in the 135
Florida Virtual School Justice Education Program pursuant to s. 136
1002.371. 137
138
The Governor shall designate the initial chair of the board of 139
trustees to serve a term of 4 years. Members of the board of 140
trustees shall serve without compensation, but may be reimbursed 141
for per diem and travel expenses pursuant to s. 112.061. The 142
board of trustees shall be a body corporate with all the powers 143
of a body corporate and such authority as is needed for the 144
proper operation and improvement of the Florida Virtual School. 145
The board of trustees is specifically authorized to adopt rules, 146
policies, and procedures, consistent with law and rules of the 147
State Board of Education related to governance, personnel, 148
budget and finance, admini stration, programs, curriculum and 149
instruction, travel and purchasing, technology, students, 150
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contracts and grants, and property as necessary for optimal, 151
efficient operation of the Florida Virtual School. Tangible 152
personal property owned by the board of tr ustees shall be 153
subject to the provisions of chapter 273. 154
(3) Funding for the Florida Virtual School shall be 155
provided as follows: 156
(a)1. The calculation of a "full-time equivalent student" 157
enrolled in an online learning program must shall be as 158
prescribed in s. 1011.61(1)(c)1.b.(V) and is subject to s. 159
1011.61(4). 160
2. The calculation of a "full -time equivalent student" 161
enrolled in a blended learning program offered pursuant to s. 162
1002.371 must be as prescribed in s. 1011.61(1)(c)1.b.(I) and is 163
subject to s. 1011.61(4). 164
3. For a student in a home education program, funding 165
shall be provided in accordance with this subsection upon course 166
completion if the parent verifies, upon enrollment for each 167
course, that the student is registered with the school di strict 168
as a home education student pursuant to s. 1002.41(1)(a). 169
(c) A full-time equivalent student enrolled in a blended 170
learning program offered pursuant to s. 1002.371, including a 171
student enrolled during the summer, must be reported to the 172
Department of Education in the manner the department prescribes 173
and must be funded through the Florida Education Finance 174
Program. 175
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(i) The Florida Virtual School may be funded for blended 176
learning through the Florida Education Finance Program only for 177
full-time students enrolled in the Florida Virtual School 178
Justice Education Program pursuant to s. 1002.371. However, such 179
students may enroll in online courses and be funded as provided 180
in paragraph (a). 181
(7) The board of trustees shall annually submit to the 182
Governor, the Legislature, the Commissioner of Education, and 183
the State Board of Education the audit report prepared pursuant 184
to subsection (6) and a complete and detailed report setting 185
forth: 186
(a) The operations and accomplishments of the Florida 187
Virtual School within this the state and those occurring outside 188
this the state as Florida Virtual School Global and, beginning 189
with the 2022-2023 school year, the Florida Virtual School 190
Justice Education Program established under s. 1002.371 . 191
(b) The marketing an d operational plan for the Florida 192
Virtual School, and Florida Virtual School Global, and, 193
beginning with the 2022 -2023 school year, the Florida Virtual 194
School Justice Education Program established under s. 1002.371, 195
including recommendations regarding met hods for improving the 196
delivery of education through the Internet and other distance 197
learning technology. 198
(c) The assets and liabilities of the Florida Virtual 199
School and Florida Virtual School Global at the end of the 200
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fiscal year. 201
(d) Recommendations regarding the unit cost of providing 202
services to students through the Florida Virtual School , and 203
Florida Virtual School Global , and, beginning with the 2022 -2023 204
school year, the Florida Virtual School Justice Education 205
Program established under s. 1002.3 71. In order to most 206
effectively develop public policy regarding any future funding 207
of the Florida Virtual School, it is imperative that the cost of 208
the program is accurately identified. The identified cost of the 209
program must be based on reliable data. 210
(e) Recommendations regarding an accountability mechanism 211
to assess the effectiveness of the services provided by the 212
Florida Virtual School , and Florida Virtual School Global , and, 213
beginning with the 2022 -2023 school year, the Florida Virtual 214
School Justice Education Program established under s. 1002.371 . 215
(10) 216
(e) Students enrolled in the Florida Virtual School 217
Justice Education Program pursuant to s. 1002.371 must take all 218
industry certification examinations, national assessments, and 219
statewide, standardized assessments at the institution or 220
facility operated by, or under the supervision of, the 221
Department of Corrections. 222
(11) The Florida Virtual School shall receive a school 223
grade pursuant to s. 1008.34 for students receiving full -time 224
instruction pursuant to this section . School performance for the 225
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Florida Virtual School as it relates to the Justice Education 226
Program must be assessed based on student learning gains and 227
student progression as demonstrated by the student assessment 228
instrument and proto col selected pursuant to s. 1002.371(6). 229
Section 2. Section 1002.371, Florida Statutes, is created 230
to read: 231
1002.371 Florida Virtual School Justice Education 232
Program.— 233
(1) Beginning with the 2022 -2023 school year, the Florida 234
Virtual School shall e stablish the Florida Virtual School 235
Justice Education Program to offer inmates younger than 22 years 236
of age housed in institutions and facilities operated by, or 237
under the supervision of, the Department of Corrections the 238
opportunity to earn a standard hig h school diploma pursuant to 239
s. 1003.4282. Courses must be delivered in an educational 240
setting under the supervision of the Department of Corrections 241
by Florida Virtual School personnel certified pursuant to s. 242
1012.55 who provide instruction through onlin e courses pursuant 243
to s. 1002.37 or through blended learning courses consisting of 244
both traditional classroom and online instructional techniques. 245
Students in blended learning courses must be full -time students 246
of the school as provided in s. 1011.61(1)(a) 1. The funding, 247
performance, and accountability requirements for blended 248
learning courses are the same as those for traditional classroom 249
courses. 250
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(2) The Florida Virtual School shall separately report all 251
students enrolled in the program for purposes of the Florida 252
Education Finance Program. 253
(3) The Florida Virtual School shall receive state funds 254
for operating purposes as provided in the General Appropriations 255
Act for students enrolled in the program. The calculation to 256
determine the amount of state f unds shall be as prescribed in s. 257
1002.37(3)(g). 258
(4) The program must include and receive funding for a 259
summer school period that must begin on the day immediately 260
following the end of the regular school year and end on the day 261
immediately preceding the subsequent regular school year. 262
Students may not be funded for more than 25 hours per week of 263
instruction. 264
(5) A student who turns 22 years of age while enrolled in 265
the program may remain enrolled if his or her continued 266
enrollment is approved by the Flo rida Virtual School and the 267
Department of Corrections; however, funding for such a student 268
may not be reported through the Florida Education Finance 269
Program. 270
(6) The Department of Education, with the assistance of 271
the Florida Virtual School and the Depar tment of Corrections, 272
shall select a common student assessment instrument and protocol 273
for measuring student learning gains and student progression for 274
students receiving full -time instruction pursuant to this 275
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section. The Department of Education, the Flor ida Virtual 276
School, and the Department of Corrections, jointly, shall review 277
the effectiveness of such assessment instrument and protocol and 278
implement changes as necessary. 279
(7) A student who is removed from the program may appeal 280
to the Department of Ed ucation to seek reinstatement, subject to 281
a final determination on the appeal by the Commissioner of 282
Education. 283
(8) By July 1, 2023, and annually thereafter, the Florida 284
Virtual School shall negotiate a cooperative agreement with the 285
Department of Corrections for the delivery of educational 286
services to students under the jurisdiction of the Department of 287
Corrections to implement the program. Such agreement must 288
provide for, but is not limited to: 289
(a) Roles and responsibilities of the Florida Virtual 290
School and the Department of Corrections, including the roles 291
and responsibilities of contract providers. 292
(b) Resolution of administrative issues, including 293
procedures for sharing information. 294
(c) Allocation of resources, including the maximiza tion of 295
state and federal funding. 296
(d) Procedures for educational evaluation for exceptional 297
education students and those with special needs. 298
(e) Procedures for individualized progress monitoring 299
plans developed for all students not classified upon ent ry to 300
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the program as exceptional education students. These plans must 301
address academic, literacy, career, and technical skills and 302
must include provisions for intensive remedial instruction in 303
areas of weakness. 304
(f) Curriculum and delivery of instruction , including 305
resources required for delivery of instruction through 306
technological means. 307
(g) Procedures for assessments, including, but not limited 308
to, industry certification examinations, national assessments, 309
and statewide, standardized assessments admi nistered pursuant to 310
s. 1008.22 at an institution or facility operated by the 311
Department of Corrections. 312
(h) Classroom management procedures and attendance 313
policies. 314
(i) Procedures for provision of qualified personnel, 315
whether supplied by the Florida V irtual School or the Department 316
of Corrections, and for the performance of their duties in a 317
Department of Corrections setting. 318
(j) Provisions for improving skills in teaching and 319
working with students in the program. 320
(k) Transition plans for students moving into and out of 321
the program, including graduates transitioning to postsecondary 322
education or into the workforce. 323
(l) Procedures and timelines for the timely documentation 324
of credits earned and the transfer of student records. 325
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(m) Methods and pro cedures for dispute resolution. 326
(n) Provisions for ensuring the safety of education 327
personnel and support for the agreed -upon education program. 328
(9) This section and the cooperative agreement required 329
under subsection (8) do not require the Florida Vir tual School 330
to provide more services than can be supported by the funds 331
generated by students participating in the program. 332
(10) This section does not prohibit a student from 333
participating in the Correctional Education Program pursuant to 334
s. 944.801. 335
(11) The State Board of Education and the Department of 336
Corrections shall adopt rules to administer this section. 337
Section 3. Paragraph (c) of subsection (1) of section 338
1011.61, Florida Statutes, is amended to read: 339
1011.61 Definitions. —Notwithstanding the provisions of s. 340
1000.21, the following terms are defined as follows for the 341
purposes of the Florida Education Finance Program: 342
(1) A "full-time equivalent student" in each program of 343
the district is defined in terms of full -time students and part -344
time students as follows: 345
(c)1. A "full-time equivalent student" is: 346
a. A full-time student in any one of the programs listed 347
in s. 1011.62(1)(c); or 348
b. A combination of full -time or part-time students in any 349
one of the programs listed in s. 1011.62(1 )(c) which is the 350
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equivalent of one full -time student based on the following 351
calculations: 352
(I) A full-time student in a combination of programs 353
listed in s. 1011.62(1)(c) shall be a fraction of a full -time 354
equivalent membership in each special program eq ual to the 355
number of net hours per school year for which he or she is a 356
member, divided by the appropriate number of hours set forth in 357
subparagraph (a)1. The difference between that fraction or sum 358
of fractions and the maximum value as set forth in subsec tion 359
(4) for each full-time student is presumed to be the balance of 360
the student's time not spent in a special program and shall be 361
recorded as time in the appropriate basic program. 362
(II) A prekindergarten student with a disability shall 363
meet the requirements specified for kindergarten students. 364
(III) A full-time equivalent student for students in 365
kindergarten through grade 12 in a full -time virtual instruction 366
program under s. 1002.45 or a virtual charter school under s. 367
1002.33 shall consist of six fu ll-credit completions or the 368
prescribed level of content that counts toward promotion to the 369
next grade in programs listed in s. 1011.62(1)(c). Credit 370
completions may be a combination of full -credit courses or half -371
credit courses. 372
(IV) A full-time equivalent student for students in 373
kindergarten through grade 12 in a part -time virtual instruction 374
program under s. 1002.45 shall consist of six full -credit 375
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completions in programs listed in s. 1011.62(1)(c)1. and 3. 376
Credit completions may be a combination of f ull-credit courses 377
or half-credit courses. 378
(V) A Florida Virtual School full -time equivalent student 379
in an online program shall consist of six full -credit 380
completions or the prescribed level of content that counts 381
toward promotion to the next grade in the programs listed in s. 382
1011.62(1)(c)1. and 3. for students participating in 383
kindergarten through grade 12 part -time virtual instruction and 384
the programs listed in s. 1011.62(1)(c) for students 385
participating in kindergarten through grade 12 full -time virtual 386
instruction. Credit completions may be a combination of full -387
credit courses or half -credit courses. 388
(VI) Each successfully completed full-credit course earned 389
through an online course delivered by a district other than the 390
one in which the student resides shall be calculated as 1/6 FTE. 391
(VII) A full-time equivalent student for courses requiring 392
passage of a statewide, s tandardized end-of-course assessment 393
under s. 1003.4282 to earn a standard high school diploma shall 394
be defined and reported based on the number of instructional 395
hours as provided in this subsection. 396
(VIII) For students enrolled in a school district as a 397
full-time student, the district may report 1/6 FTE for each 398
student who passes a statewide, standardized end -of-course 399
assessment without being enrolled in the corresponding course. 400
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2. A student in membership in a program scheduled for more 401
or less than 180 school days or the equivalent on an hourly 402
basis as specified by rules of the State Board of Education is a 403
fraction of a full-time equivalent membership equal to the 404
number of instructional hours in membership divided by the 405
appropriate number of hou rs set forth in subparagraph (a)1.; 406
however, for the purposes of this subparagraph, membership in 407
programs scheduled for more than 180 days is limited to students 408
enrolled in: 409
a. Juvenile justice education programs. 410
b. The Florida Virtual School. 411
c. Virtual instruction programs and virtual charter 412
schools for the purpose of course completion and credit recovery 413
pursuant to ss. 1002.45 and 1003.498. Course completion applies 414
only to a student who is reported during the second or third 415
membership surveys and who does not complete a virtual education 416
course by the end of the regular school year. The course must be 417
completed no later than the deadline for amending the final 418
student enrollment survey for that year. Credit recovery applies 419
only to a student who has unsuccessfully completed a traditional 420
or virtual education course during the regular school year and 421
must retake the course in order to be eligible to graduate with 422
the student's class. 423
424
The full-time equivalent student enrollment calculated under 425
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this subsection is subject to the requirements in subsection 426
(4). 427
428
The department shall determine and implement an equitable method 429
of equivalent funding for schools operating under emergency 430
conditions, which schools have been approved by the department 431
to operate for less than the minimum term as provided in s. 432
1011.60(2). 433
Section 4. Paragraph (f) of subsection (1) of section 434
1011.62, Florida Statutes, is amended to read: 435
1011.62 Funds for operation of schools. —If the annual 436
allocation from the Florida Education Finance Program to each 437
district for operation of schools is not determined in the 438
annual appropriations act or the substantive bill implementing 439
the annual appropriations act, it s hall be determined as 440
follows: 441
(1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR 442
OPERATION.—The following procedure shall be followed in 443
determining the annual allocation to each district for 444
operation: 445
(f) Supplemental academic instruction alloca tion.— 446
1. There is created the supplemental academic instruction 447
allocation to provide supplemental academic instruction to 448
students in kindergarten through grade 12. 449
2. The supplemental academic instruction allocation shall 450
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be provided annually in the Florida Education Finance Program as 451
specified in the General Appropriations Act. These funds are in 452
addition to the funds appropriated on the basis of FTE student 453
membership in the Florida Education Finance Program and shall be 454
included in the total pote ntial funds of each district. 455
Beginning with the 2018 -2019 fiscal year, each school district 456
that has a school earning a grade of "D" or "F" pursuant to s. 457
1008.34 must use that school's portion of the supplemental 458
academic instruction allocation to implem ent intervention and 459
support strategies for school improvement pursuant to s. 1008.33 460
and for salary incentives pursuant to s. 1012.2315(3) or salary 461
supplements pursuant to s. 1012.22(1)(c)5.c. that are provided 462
through a memorandum of understanding betwe en the collective 463
bargaining agent and the school board that addresses the 464
selection, placement, and expectations of instructional 465
personnel and school administrators. For all other schools, the 466
school district's use of the supplemental academic instructio n 467
allocation may include, but is not limited to, the use of a 468
modified curriculum; reading instruction; after -school 469
instruction; tutoring; mentoring; a reduction in class size; 470
extended school year; intensive skills development in summer 471
school; dropout prevention programs as defined in ss. 1003.52 472
and 1003.53(1)(a), (b), and (c); and other methods of improving 473
student achievement. Supplemental academic instruction may be 474
provided to a student in any manner and at any time during or 475
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beyond the regular 180 -day term identified by the school as 476
being the most effective and efficient way to best help that 477
student progress from grade to grade and to graduate. 478
3. The supplemental academic instruction allocation shall 479
consist of a base amount that has a workload adjustment based on 480
changes in unweighted FTE. The supplemental academic instruction 481
allocation shall be recalculated during the fiscal year. Upon 482
recalculation of funding for the supplemental academic 483
instruction allocation, if the total allocation is gr eater than 484
the amount provided in the General Appropriations Act, the 485
allocation shall be prorated to the level provided to support 486
the appropriation, based on each district's share of the total. 487
4. Funding on the basis of FTE membership beyond the 180 -488
day regular term shall be provided in the FEFP only for students 489
enrolled in juvenile justice education programs , the Florida 490
Virtual School Justice Education Program pursuant to s. 491
1002.371, or in education programs for juveniles placed in 492
secure facilities or programs under s. 985.19. Funding for 493
instruction beyond the regular 180 -day school year for all other 494
K-12 students shall be provided through the supplemental 495
academic instruction allocation and other state, federal, and 496
local fund sources with ample flexibility for schools to provide 497
supplemental instruction to assist students in progressing from 498
grade to grade and graduating. 499
Section 5. This act shall take effect July 1, 2022. 500