The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Education
BILL: SB 1226
INTRODUCER: Senator Brandes
SUBJECT: Virtual Learning
DATE: January 31, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Sagues Bouck ED Pre-meeting
2. AED
3. AP
I. Summary:
SB 1226 creates the Florida Virtual School Justice Education Program (FLVS JEP) to serve
specified Department of Correction (DOC) inmates, and makes a number of modifications to
Florida Virtual School (FLVS) responsibilities and funding provisions. Specifically the bill:
Authorizes the FLVS to offer blended learning courses.
Requires the FLVS, beginning in the 2022-2023 school year, to establish the FLVS JEP to
offer inmates younger than 22 years of age the opportunity to earn a standard high school
diploma.
Adds students enrolled in the FLVS JEP as a priority population to be served by the school.
Authorizes funding for full-time FLVS JEP students enrolled in online or blended learning
courses, including during a specified summer school period.
Requires students enrolled in the FLVS JEP to take all industry certification exams, national
and statewide standardized assessments at the institution under the supervision of the DOC.
Requires the FLVS JEP school performance be assessed based on demonstrated student
learning gains and student progression.
Requires blended or online learning courses to be delivered in an educational setting under
the supervision of the DOC by FLVS certified personnel.
Authorizes a student who turns 22 years of age to remain in the program if approved, but
funding for such a student through the Florida Education Finance program is prohibited.
Requires the DOE, with the assistance of the FLVS and the DOC, to select a common student
assessment instrument and protocol for measuring student learning gains.
Authorizes a student who is removed from the program to appeal to the DOE to seek
reinstatement, subject to the final determination by the Commission of Education.
Requires by July 1, 2023, and annually thereafter, the FLVS to negotiate a specified
cooperative agreement with the DOC to implement the FLVS JEP.
Specifies that the FLVS JEP does not prohibit a student from participating in other DOC
educational programs.
REVISED: BILL: SB 1226 Page 2
The bill also modifies the definition of an FLVS full-time equivalent student to differentiate
between online learning and blended learning funding models. In addition, the bill adds that
students enrolled in the FLVS JEP are authorized for funding beyond the 180-day regular term.
The fiscal impact of the bill is indeterminate, but significant. See Section V.
The bill takes effect on July 1, 2022.
II. Present Situation:
Digital Learning Now Act
In 2011, the Florida Legislature created the Digital Learning Now Act to provide all kindergarten
through grade 12 students with access to multiple high quality part-time and full-time digital
learning options, including:
1
Part-time or full-time virtual charter school instruction.
Florida Virtual School (FLVS).
School district operated part-time or full-time virtual instruction program options.
Other online and blended courses.
Blended Learning
School districts and charter schools may deliver blended learning courses consisting of both
traditional classroom and online instructional techniques. Students in a blended learning course
must be full-time students of the school, and the funding, performance, and accountability
requirements for blended learning courses are the same as those for traditional courses.
2
District virtual schools, virtual charter schools, and the FLVS are not expressly authorized to
offer blended learning courses and are only funded through the Florida Education Finance
Program (FEFP) for online courses completed through virtual learning.
3
Virtual Learning
Florida defines a virtual instruction program as a program of instruction provided in an
interactive learning environment created through technology in which students are separated
from their teachers by time or space, or both.
4
Virtual learning has grown significantly over the last decade and, more recently, was thrust into
the spotlight because of the shift to remote instruction caused by the COVID-19 pandemic. In the
2019-2020 school year, full-time virtual schools enrolled more than 330,000 students, and
statewide programs provided over 1 million courses.
1
Section 1002.321(4) and Section 1002.455, F.S.
2
Section 1003.498(1), F.S. Section 1002.33(7)(a), F.S.
3
Section 1011.61, F.S.
4
Section 1002.45(1), F.S. BILL: SB 1226 Page 3
The Florida Virtual School
The FLVS was established to develop and deliver online and distance learning education,
5
and is
part of the Florida public school system.
6
The Commissioner of Education (commissioner) is
charged with monitoring the FLVS.
7
The FLVS is required to serve any student in the state who
meets the profile for success, giving priority to students:
8
Who need expanded access to courses in order to meet their educational goals.
Seeking accelerated access to obtain a high school diploma at least one semester early.
Who are children of an active duty member of the United States Armed Forces whose home
of record or state of legal residence is Florida.
FLVS Governance
The FLVS is governed by a Board of Trustees (BOT), comprised of seven members appointed
by the Governor to four-year staggered terms that must, among other requirements:
9
Be responsible for the development of a state-of-the-art technology-based education delivery
system that is cost-effective, educationally sound, marketable, and self-sufficient.
Aggressively seek avenues to generate revenue to support future endeavors, and enter into
agreements with distance learning providers.
Be responsible for the administration and control of all local school funds.
Administer and maintain personnel programs for all employees.
Establish priorities for student enrollment.
Maintain financial records and accounts.
The BOT must submit an annual report to the Governor, the Legislature, the commissioner, and
the SBE that addresses the FLVS and FLVS Global.
10
The report must describe operations,
marketing, finances, accomplishments, recommendations regarding the unit cost of providing
services to students, and recommendations regarding an accountability mechanism to assess the
effectiveness of the services provided.
FLVS Operations
The FLVS is authorized to provide full-time and part-time instruction for students in
kindergarten through grade 12.
11
Public school students receiving full-time and part-time
instruction by the FLVS must take all statewide assessments required pursuant to law.
12
In
addition, the FLVS offers a comprehensive selection of courses that fulfill all state standards,
5
Section 1002.37(1), F.S.
6
Section 1000.04(4), F.S.
7
Section 1002.37(1)(a), F.S.
8
Id.
9
Section 1002.37(2), F.S.
10
FLVS Global provides instruction courseware, training, and expertise to online and blended programs for schools, districts,
states, and international agencies. FLVS Global is now known as Flexpoint Education Cloud. FlexPoint Education Cloud,
About us, https://www.flvsglobal.net/about-us/ (last visited Jan. 27, 2022).Section 1002.37(7), F.S.
11
Section 1002.37(9), F.S.
12
Section 1002.37(10), F.S. BILL: SB 1226 Page 4
including core courses, world language electives, Advanced Placement,
13
Advanced International
Certificate of Education,
14
and Career and Technical Education (CTE)
15
courses.
As a public school, federal law
16
requires FLVS to provide full-time enrolled students, regardless
of disability, with an equal opportunity to participate in and benefit from the school’s education
program.
17
The FLVS must receive a school grade for students receiving full-time instruction.
18
Students enrolled full-time may earn a standard high school diploma from FLVS.
19
However, the
FLVS does not currently offer a General Education Development (GED)
20
high school
equivalency diploma program.
21
FLVS Funding
The FEFP is the primary mechanism for funding the operating costs of FLVS. Under the FEFP,
financial support for education is based on the full-time equivalent
22
(FTE) student membership
in public schools.
23
An FTE student in a virtual instruction program, virtual charter school, or
13
The AP program offers students the opportunity to take college-level courses and exams in high school and earn college
credit. CollegeBoard, Advanced Placement Program (AP), https://parents.collegeboard.org/college-board-
programs/advanced-placement-
program#:~:text=Advanced%20Placement%20Program%20%28AP%29%201%20Fast%20Facts.%20There,just%20like%20
when%20they%20take%20any%20other%20course. (last visited Jan. 28, 2022).
14
The Cambridge Advanced International Certificate of Education (AICE) Diploma is an international curriculum and
examination system that emphasizes the value of broad and balanced study. Cambridge Assessment International Education,
Cambridge AICE Diploma, https://www.cambridgeinternational.org/programmes-and-qualifications/cambridge-
advanced/cambridge-aice-diploma/ (last visited Jan. 28, 2022).
15
FLVS offers industry certification pathways in web application development and programming, applied cybersecurity,
agriculture communications, finance, education and training, and hospitality and tourism management. FLVS, Get Inspired
with Career and Technical Education at FLVS, Find Your Path, https://www.flvs.net/online-courses/career-education-
courses?source=courses/flex (last visited Jan. 28, 2021).
16
The Individuals with Disabilities Education Act (IDEA) requires a FAPE to eligible children
16
with disabilities and ensures
special education and related services are provided to those children. Children from birth through age 21 may receive
intervention, special education and related services. U.S. Department of Education, IDEA Individuals with Disabilities
Education Act, https://sites.ed.gov/idea/about-idea/#IDEA-Purpose (last visited Jan. 27, 2022).
17
FLVS, FLVS Full Time Frequently Asked Questions, https://www.flvs.net/full-time/more?source=2020info#faqs (last
visited Jan. 28, 2022).
18
Section 1002.37(11), F.S.
19
FLVS, FLVS Full Time Frequently Asked Questions, https://www.flvs.net/full-time/more?source=2020info#faqs (last
visited Jan. 28, 2022).
20
Florida offers the 2014 GED for Florida students seeking a high school equivalency diploma. Rule 6A-6.0201, F.A.C.
Florida Department of Education, High School Equivalency Diploma Program – GED Testing,
https://www.fldoe.org/academics/career-adult-edu/hse/ (last visited Jan. 28, 2022).
21
FLVS, FLVS High School Courses, https://www.flvs.net/online-high-school-courses (last visited Jan. 28, 2022). Email,
Mike Miller, FLVS (Jan. 28. 2022).
22
A “full-time student” is one student on the membership roll of one school program or a combination of school programs for
the school year or the equivalent for instruction in a standard school, comprising not less than 900 net hours for a student in
or at the grade level of 4 through 12, or not less than 720 net hours for a student in or at the grade level of kindergarten
through grade 3 or in an authorized prekindergarten exceptional program. Section 1011.61(1), F.S.
23
Section 1011.62, F.S. BILL: SB 1226 Page 5
FLVS is funded on performance and only funded if the student completes the course with a
passing grade or credits earned.
24
Student membership in programs scheduled for more than 180 days is limited to students
enrolled in Department of Juvenile Justice (DJJ) education programs, FLVS, and other specified
virtual instruction programs.
25
Funding on the basis of FTE membership beyond the 180-day
regular term is provided only for students enrolled in DJJ programs.
26
During the 2019-2020 school year, FLVS served 12,567 full-time students and over 360,753
semester courses were completed by part-time students.
27
Florida High School Diploma
Requirements
Florida law establishes academic requirements for earning a standard high school diploma to
include five options:
28
24-credit program;
29
Career and Technical Education Pathway;
30
An International Baccalaureate curriculum;
31
An Advanced International Certificate of Education curriculum;
32
or
18-credit Academically Challenging Curriculum to Enhance Learning option.
33
The 24 credits required for a standard high school diploma include:
34
Four credits in English Language Arts (ELA);
Four credits in mathematics;
Three credits in science;
Three credits in social studies;
One credit in fine or performing arts, speech, and debate, or practical arts;
One credit in physical education; and
Eight credits in electives.
24
DOE, FTE General Instructions 2021-22 (2021), available at
https://www.fldoe.org/core/fileparse.php/7508/urlt/2122FTEGeneralInstructions.pdf, at 39-50. Section 1011.61(1)(c)1.b(III)-
(VI), F.S.
25
Section 1011.61 (1)(c)2., F.S.
26
Section 1011.62(1)(f), F.S.
27
DOE, Fact Sheet, Office of Independent Education and Parental Choice (2021), available at
http://www.fldoe.org/core/fileparse.php/5606/urlt/Virtual-Sept.pdf.
28
In addition to the five options available for students to earn a standard diploma, students with disabilities have two
additional options. Rule 6A-1.09963, F.A.C. DOE, Standard Diploma Requirements,
https://www.fldoe.org/core/fileparse.php/7764/urlt/StandardDiplomaRequirements.pdf (last visited Jan., 25, 2022).
29
Section 1003.4282(1)(a), F.S.
30
Section 1003.4282(10), F.S.
31
Section 1003.4282(1)(a), F.S.
32
Id.
33
Section 1002.3105(6), F.S.
34
Section 1003.4282(3)(a)-(g), F.S. BILL: SB 1226 Page 6
Within the 24 credits, at least one course must be completed through online learning.
35
In
addition to successful completion of the required courses a student must earn a cumulative grade
point average (GPA) of 2.0 on a 4.0 scale
36
and must pass the following required statewide
standardized assessments:
Grade 10 ELA assessment or earn a concordant score;
37
and
Algebra I end-of-course (EOC) assessment or earn a comparative score.
38
School Grading System
School grades provide an easily understandable way to measure the performance of a school.
Parents and the general public can use the school grade and its components to understand how
well each school is serving its students.
39
School grades are used in the state system of school
improvement and accountability to determine the need for school intervention and support,
40
or
to determine whether a school is eligible for school recognition funds.
41
School improvement rating
School improvement ratings are calculated for alternative schools and exceptional student
education center schools that choose to receive a school improvement rating in lieu of a school
grade.
42
The commissioner prepares an annual report on the performance of each school
receiving a school improvement rating.
43
Schools that elect a school improvement rating in lieu
of a school grade will have the rating based on student learning gains for statewide, standardized
assessments for ELA and mathematics
44
The DJJ education program also includes the school improvement ratings required for alternative
schools, however, the calculation is customized to meet the needs of the DJJ population.
45
Department of Corrections
The Department of Corrections (DOC) by mission is to provide a continuum of services to meet
the needs of those entrusted to its care, creating a safe and professional environment with the
35
Section 1003.4282(4), F.S.
36
Section 1003.4282(3) and s. 1003.4282(6)(a), F.S.
37
Section 1003.4282(3)(a), F.S. Students and adults who have not yet earned their required passing score on the Grade 10
FSA ELA Assessment, may meet this testing requirement to qualify for a high school diploma by earning a concordant
passing score on the SAT or ACT. Rule 6A-1.09422(8)(a)2., F.A.C.
38
Section 1003.4282(3)(b)1. and (9)(d)2., F.S. Students and adults who have not yet earned their required passing score on
the Algebra 1 EOC assessment, may meet this testing requirement to qualify for a high school diploma by earning a
comparative passing score on the Math section of the Preliminary SAT/National Merit Scholarship Qualifying Test
(PSAT/NMSQT), the SAT or the ACT or on the Geometry EOC assessment. Rule 6A-1.09422(8)(b)2., F.A.C.
39
DOE, 2019 School Grades Overview (2019), available at
http://www.fldoe.org/core/fileparse.php/18534/urlt/SchoolGradesOverview19.pdf.
40
See s. 1008.33(4), F.S.
41
See s. 1008.36, F.S.
42
Section 1008.341; 1008.3415, F.S.; Rule 6A-1.099822 and 6A-1.099828, F.A.C.
43
Section 1008.341(1), F.S.
44
DOE, 2020-21 Guide to Calculating School Improvement Ratings, July 2021, available at
http://www.fldoe.org/core/fileparse.php/18534/urlt/SIRCalcGuide19.pdf.
45
DOE, 2020-21 Guide to Calculating DJJ Accountability Ratings (2020), available at,
https://www.fldoe.org/core/fileparse.php/18534/urlt/DJJCalcGuide21.pdf. Section 1003.52(3)(d), F.S. BILL: SB 1226 Page 7
outcome of reduced victimization, safer communities, and an emphasis on the premium of life.
46
One aspect of the DOC’s responsibility to affect positive results for the reintegrating the
population and Florida’s communities is to operate the Correctional Education Program (CEP).
47
Education for State Prisoners
Section 944.801, F.S., establishes the CEP under the DOC, which must be composed of the
educational facilities and services of all institutions and facilities housing inmates operated by
the DOC. The duties of the CEP, in part, include:
48
Developing guidelines for collecting education-related information during the inmate
reception process and for disseminating such information to specified staff.
Monitoring, assessing, and reporting inmate education program services as required.
Approving educational programs and developing procedures for admission.
Entering into agreements, as appropriate, with colleges, universities, and public or private
school districts, including charter schools and the FLVS.
Developing and maintaining complete and reliable statistics on the number of high school
equivalency diplomas and vocational certificates issued by each institution.
Selecting programs to add or delete from the vocational curriculum.
Ensuring that every inmate who has 2 years or more remaining to serve on his or her
sentence and who lacks basic and functional literacy skills
49
attends not fewer than 150 hours
of sequential instruction in a correctional adult basic education
50
program.
Recommending the award of additional incentives for inmates who receive a high school
equivalency diploma or a vocational certificate.
Ensuring that all education staff are certified in accordance with the DOE standards.
The CEP is established in 51 state-operated institutions and 7 privately owned facilities across
Florida.
51
It is designed to prepare students for the GED examination and receipt of a State of
Florida high school equivalency diploma in accordance with DOE adult education curriculum
frameworks and performance standards.
52
The CEP also offers CTE programs that are also
aligned with DOE curriculum frameworks and performance standards. In addition to the
opportunity to complete the GED and a variety of CTE certifications, the DOC offers job
assignment credentialing programs that provide job-related instruction and industry-related
credentials designed to improve the employability of Florida’s workforce.
53
The DOC holds
active and outcome-based agreements and contracts with community providers, universities, and
46
DOC, 2022 Legislative Bill Analysis of SB 1226 (Jan. 26, 2022) at 2.
47
Id.
48
Section 944.801(3), F.S. The Secretary of Corrections is the head of the DOC and is responsible for, among other duties, to
provide for the direct management of all departmental programs, including the coordination and delivery of education and job
training to the offenders in the custody of the department. Section 20.315(3), F.S.
49
“Functional literacy,” which is also referred to as “intermediate adult basic education,” means the demonstration of
academic competence from 6.0 through 8.9 educational grade levels as measured by means approved for this purpose by the
State Board of Education. Section 1004.02(15), F.S.
50
“Adult basic education” means courses of instruction designed to improve the employability of the state’s workforce
through instruction in mathematics, reading, language, and workforce readiness skills at grade level equivalency. Section
1004.02(1), F.S.
51
DOC, 2022 Legislative Bill Analysis of SB 1226 (Jan. 26, 2022) at 2.
52
Id.
53
Id. BILL: SB 1226 Page 8
colleges to provide credits and credentials leading to licensure within the existing training
courses in several state-operated institutions.
54
Participation in the CEP is not mandatory. The CEP operates by an assessment-based student
progress monitoring process to gauge academic skills and readiness for the GED exam with
educational services directed to inmates with the most critical need. This educational approach
has been deliberately developed to address the educational needs of incarcerated adults while
avoiding some of the challenges of treating them as youthful learners.
55
Not considered to be primarily an educational agency, but rather the state corrections agency for
adjudicated adults, the CEP does not receive funding through the FEFP, tabulate grade point
averages, monitor credit accrual, nor retain or issue official transcripts for adult students.
56
As of January 2021, the DOC incarcerates approximately 80,000 persons. During 2020-2021, a
total of 14,877 inmates participated in academic education programs resulting in the conferring
of 812 GEDs with an operational cost of approximately $1,300 per student. As measured through
progress monitoring, 3,968 students made the following learning gains:
57
45.2 percent demonstrated gains of 1 or more levels in mathematics;
54.1 percent advanced 1 or more levels in reading; and
51 percent showed academic gains of 1 or more levels in language.
Traditionally the DOC tends to concentrate educational needs on the younger demographic,
especially those who qualify under IDEA
58
and are entitled to education services until the age of
22. Not all such inmates qualify for special education services, but for those that do, the DOC
provides the required accommodations and modifications.
59
Currently there are 1,634 inmates under 22 years of age, housed at 100 institutions across the
state, including 595 located at a privately operated facility managed by the Department of
Management Services. Others are located at work camps and community release centers. Of
these, 1,196 are listed as not having a high school diploma or GED, and 206 are currently in
restrictive housing or a disciplinary confinement setting. The highest level of education claimed
is as follows:
60
54
DOC, 2022 Legislative Bill Analysis of SB 1226 (Jan. 26, 2022), at 4.
55
Id. at 2.
56
Id.
57
Id. at 3.
58
The Individuals with Disabilities Education Act (IDEA) is a federal law that makes available a FAPE to eligible children
58
with disabilities throughout the nation and ensures special education and related services are provided to those children.
Children from birth through age 21 may receive intervention, special education and related services. U.S. Department of
Education, IDEA Individuals with Disabilities Education Act, https://sites.ed.gov/idea/about-idea/#IDEA-Purpose (last
visited Jan. 27, 2022).
59
DOC, 2022 Legislative Bill Analysis of SB 1226 (Jan. 26, 2022).
60
Id. at 4. BILL: SB 1226 Page 9
Grade Level Number of Inmates
Fourth Grade 2
Fifth Grade 2
Sixth Grade 15
Seventh Grade 25
Eighth 89
Ninth Grade 147
Tenth Grade 205
Eleventh Grade 258
Twelfth Grade 126
First Year of College 1
None 256
Unknown 70
Total 1196
Within this demographic, 380 are verified to have cognitive disabilities and are federally
required to receive special education services. Of the 380 special education eligible inmates, 133
refused services and programming.
61
In addition, the DOC has received $750,000 in state funds to provide an online career education
and high school diploma program for the same demographic of students. As authorized in the
appropriation, the DOC may contract with the FLVS or similar provider to provide the
program.
62
III. Effect of Proposed Changes:
SB 1226 creates s. 1002.371, F.S., to establish the Florida Virtual School Justice Education
Program (FLVS JEP) to serve specified Department of Correction (DOC) inmates, and makes a
number of modifications to Florida Virtual School (FLVS) responsibilities and funding
provisions.
Florida Virtual School
The bill modifies the purpose of the FLVS to replace the development and delivery of distance
learning education with the development and delivery blended learning education. In addition the
bill:
Adds students enrolled in the FLVS JEP as a priority population to be served by the school.
Requires the Board of Trustees (BOT) to enter into agreements with blended learning
providers, rather than with distance learning providers and requires the BOT to submit to the
State Board of Education (SBE) the number of students enrolled in the FLVS JEP program.
61
Inmate participation in the CEP is voluntary. DOC, 2022 Legislative Bill Analysis of SB 1226 (Jan. 26, 2022), at 4.
62
Id. at 6. s. 4, ch. 2020-111, L.O.F. Specific Appropriation, 714, s. 4, ch. 2021-36, L.O.F. The DOC posted a request for
proposal for this program in Oct. 2020. Due to the lack of response, the DOC initiated a new procurement, an Intent to
Negotiate (ITN-21-041) in November 2021 with responses scheduled back in March 2022. Email, Senate Appropriations
Subcommittee on Education (Jan. 28, 2022). BILL: SB 1226 Page 10
Modifies funding through the Florida Education Finance Program (FEFP) to authorize
funding for full-time students enrolled in blended learning courses in the FLVS JEP and
requires FLVS to report such students to the DOE.
Beginning in 2022-2023, requires the FLVS to include specified FLVS JEP information in
the required annual report submitted to the Governor, Legislature, Commissioner of
Education (commissioner), and SBE.
Requires students enrolled in the FLVS JEP to take all industry certification exams, national
assessments, and statewide standardized assessment at the institution or facility operated by,
or under the supervision of the DOC.
Requires that FLVS JEP school performance be assessed based on demonstrated student
learning gains and student progression.
Florida Virtual School Justice Education Program
The bill requires the FLVS to establish the FLVS JEP beginning in the 2022-2023 school year to
offer inmates younger than 22 years of age housed in institutions and facilities operated by, or
under the supervision of, the DOC the opportunity to earn a standard high school diploma.
Specifically the bill:
Requires blended or online learning courses to be delivered in an educational setting under
the supervision of the DOC by FLVS-certified personnel.
Defines a blended learning course as a course consisting of both traditional classroom and
online instructional techniques. Students in such courses must be full-time students of the
school, and that the funding, performance, and accountability requirements for such courses
are the same as those for traditional classroom courses.
Requires the FLVS JEP to include and receive funding for a specified summer school period.
Authorizes a student who turns 22 years of age to remain in the program if approved,
however funding for such a student through the FEFP is prohibited.
Requires the DOE, with the assistance of the FLVS and the DOC, to select a common student
assessment instrument and protocol for measuring student learning gains for students
enrolled in the FLVS JEP. The assessment instrument and protocol must be jointly reviewed
for effectiveness with changes implemented as necessary.
Authorizes a student who is removed from the program to appeal to the DOE to seek
reinstatement, subject to the final determination by the commissioner.
Requires by July 1, 2023, and annually thereafter, the FLVS to negotiate a cooperative
agreement with the DOC for the delivery of educational services to implement the FLVS
JEP, which includes:
o Roles and responsibilities of the FLVS and the DOC.
o Resolution of administrative issues.
o Allocation of resources.
o Procedures for educational evaluation for exceptional education students.
o Procedures for individualized progress monitoring plans.
o Curriculum and delivery of instruction, including resources required for technology.
o Procedures for assessments.
o Classroom management procedures and attendance policies.
o Procedures for the provision of qualified personnel.
o Provisions for improving skills in teaching and working with students in the FLVS JEP.
o Transition plans for student moving into and out of the FLVS JEP. BILL: SB 1226 Page 11
o Procedures for the documentation of credits earned.
o Methods and procedures for dispute resolution.
o Provisions for ensuring the safety of educational personnel and support of the FLVS JEP.
Provides that FLVS is not required to provide more services than can be supported by the
funds generated by students participating in the FLVS JEP.
Specifies that participation in the FLVS JEP does not prohibit a student from participating in
other DOC educational programs.
Requires the SBE to adopt rules to administer the FLVS JEP.
The bill also modifies the definition of an FLVS full-time equivalent student to differentiate
between online learning and blended learning funding models. In addition, the bill adds that
students enrolled in the FLVS JEP are authorized for funding beyond the 180-day regular term.
The establishment of the FLVS JEP may offer additional opportunities for up to 1,196 inmates to
earn a standard high school diploma. It is unclear if this program competes with the $750,000
allocation provided through the General Appropriations Act to the DOC for a similar program.
63
Clarification may also be needed to ensure eligible inmates at a privately operated facility
managed by the Department of Management Services may participate in the FLVS JEP.
The bill takes effect on July 1, 2022.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
63
DOC, 2022 Legislative Bill Analysis of SB 1226 (Jan. 26, 2022). BILL: SB 1226 Page 12
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
There is an indeterminate significant negative fiscal impact to the future costs for adding
the additional FTE students to the Florida Education Finance Program.
64
The Department of Corrections (DOC) recommends adding additional full-time
equivalent (FTE) positions and costs as follows:
65
Two FTE in the central office for infrastructure and security at a cost of $194,472.
One FTE per site at cost of $73,462 per site to support the lifecycle management of
the equipment, infrastructure, and related security to support the Florida Virtual
School Justice Education Program (FLVS JEP). To scale the program statewide, the
DOC recommends 50 site-based FTE at a cost of $3,673,103.
In addition, the DOC estimates a technology impact to provide for the computer
workstations, infrastructure, software licensing for a single site with 200 workstations to
cost $400,000-$550,000 with $200,000-$250,000 of recurring funding annually.
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It is
unclear what the technology impact may be to scale the program across the 100 facilities
where eligible inmates are currently housed.
It is also unclear how these costs may be shared between the DOC and Florida Virtual
School (FLVS) and if there is an additional fiscal impact to the FLVS or Department of
Education to implement the FLVS JEP.
VI. Technical Deficiencies:
None.
VII. Related Issues:
There may be a conflict in statutory responsibilities authorizing the Commissioner of Education
to act as the ultimate decision-maker in hearing inmate student appeals regarding reinstatement
of a student inmate who has been removed from the Florida Virtual School Justice Education
Program. Decisions impacting the daily lives of inmates are under the purview of the Secretary
of Correction pursuant to s. 20.315, F.S.
67
64
Email, Senate Appropriations Subcommittee on Education (Jan. 30, 2022).
65
DOC, 2022 Legislative Bill Analysis of SB 1226 (Jan. 26, 2022).
66
Id.
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Id. at 11. BILL: SB 1226 Page 13
VIII. Statutes Affected:
This bill substantially amends sections 1002.37, 1011.61, and 1011.62 of the Florida Statutes.
This bill creates section 1002.371 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.