HB 7021 2023 CODING: Words stricken are deletions; words underlined are additions. hb7021-00 Page 1 of 35 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 reviser's bill to be entitled 1 An act relating to the Florida Statutes; amending ss. 2 39.0016, 1001.03, 1001.215, 1001.41, 1002.33, 1002.45, 3 1003.4282, 1003.499, 1003.4995, 1006.28, 1006.29, 4 1006.31, 1006.33, 1006.34, 1007.35, 1008.385, 1012.05, 5 1012.28, 1012.56, and 1012.72, F.S., to conform to 6 section 10 of chapter 2022 -16, Laws of Florida, which 7 directs the Division of Law Revision to prepare a 8 reviser's bill to replace references to the term "Next 9 Generation Sunshine State Standards" with the term 10 "state academic standards" wherever the term appears 11 in the Florida Statutes; providing effective dates. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Paragraph (d) of subsection (4) of section 16 39.0016, Florida Statutes, is amended to read: 17 39.0016 Education of abused, neglected, and abandoned 18 children; agency agreements; children having or suspected of 19 having a disability. — 20 (4) TRAINING.—The department shall incorporate an 21 education component into all training programs of the department 22 regarding children known to the department. Such training shall 23 be coordinated with the Department of Education and the local 24 school districts. The department shall offe r opportunities for 25 HB 7021 2023 CODING: Words stricken are deletions; words underlined are additions. hb7021-00 Page 2 of 35 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 education personnel to participate in such training. Such 26 coordination shall include, but not be limited to, notice of 27 training sessions, opportunities to purchase training materials, 28 proposals to avoid duplication of services by offeri ng joint 29 training, and incorporation of materials available from the 30 Department of Education and local school districts into the 31 department training when appropriate. The department training 32 components shall include: 33 (d) Training of caseworkers regarding the services and 34 information available through the Department of Education and 35 local school districts, including, but not limited to, the 36 current state academic standards Sunshine State Standards , the 37 Surrogate Parent Training Manual, and other resources accessible 38 through the Department of Education or local school districts to 39 facilitate educational access for a child known to the 40 department. 41 Section 2. Subsection (1) of section 1001.03, Florida 42 Statutes, is amended to read: 43 1001.03 Specific powers of State Board of Education. — 44 (1) PUBLIC K-12 CURRICULAR STANDARDS. —The State Board of 45 Education shall adopt and periodically review and revise the 46 state academic standards Sunshine State Standards in accordance 47 with s. 1003.41. 48 Section 3. Subsectio ns (4) and (9) of section 1001.215, 49 Florida Statutes, are amended to read: 50 HB 7021 2023 CODING: Words stricken are deletions; words underlined are additions. hb7021-00 Page 3 of 35 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 1001.215 Just Read, Florida! Office. —There is created in 51 the Department of Education the Just Read, Florida! Office. The 52 office is fully accountable to the Commissioner of Educati on and 53 shall: 54 (4) Develop and provide access to sequenced, content -rich 55 curriculum programming, instructional practices, and resources 56 that help elementary schools use state -adopted instructional 57 materials to increase students' background knowledge and 58 literacy skills, including student attainment of the state 59 academic standards Next Generation Sunshine State Standards for 60 social studies, science, and the arts. The office shall, as part 61 of the adoption cycle for English Language Arts instructional 62 materials, assist in evaluating elementary grades instructional 63 materials submitted for adoption consideration in order to 64 identify those materials that are closely aligned to the content 65 and evidence-based strategies identified pursuant to subsection 66 (8) and incorporate professional development to implement such 67 strategies. 68 (9) Periodically review the state academic standards Next 69 Generation Sunshine State Standards for English Language Arts to 70 determine their appropriateness at each grade level. 71 Section 4. Subsection (3) of section 1001.41, Florida 72 Statutes, is amended to read: 73 1001.41 General powers of district school board. —The 74 district school board, after considering recommendations 75 HB 7021 2023 CODING: Words stricken are deletions; words underlined are additions. hb7021-00 Page 4 of 35 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 submitted by the district school superintendent, shall exercise 76 the following general powers: 77 (3) Prescribe and adopt standards and policies to provide 78 each student the opportunity to receive a complete education 79 program, including language arts, mathematics, science, social 80 studies, health, physical education, foreign l anguages, and the 81 arts, as defined by the state academic standards Sunshine State 82 Standards. The standards and policies must emphasize integration 83 and reinforcement of reading, writing, and mathematics skills 84 across all subjects, including career awareness , career 85 exploration, and career and technical education. 86 Section 5. Paragraph (a) of subsection (6) and paragraph 87 (a) of subsection (7) of section 1002.33, Florida Statutes, are 88 amended to read: 89 1002.33 Charter schools. — 90 (6) APPLICATION PROCESS AN D REVIEW.—Charter school 91 applications are subject to the following requirements: 92 (a) A person or entity seeking to open a charter school 93 shall prepare and submit an application on the standard 94 application form prepared by the Department of Education whic h: 95 1. Demonstrates how the school will use the guiding 96 principles and meet the statutorily defined purpose of a charter 97 school. 98 2. Provides a detailed curriculum plan that illustrates 99 how students will be provided services to attain the state 100 HB 7021 2023 CODING: Words stricken are deletions; words underlined are additions. hb7021-00 Page 5 of 35 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 academic standards Sunshine State Standards . 101 3. Contains goals and objectives for improving student 102 learning and measuring that improvement. These goals and 103 objectives must indicate how much academic improvement students 104 are expected to show each year, how succes s will be evaluated, 105 and the specific results to be attained through instruction. 106 4. Describes the reading curriculum and differentiated 107 strategies that will be used for students reading at grade level 108 or higher and a separate curriculum and strategies f or students 109 who are reading below grade level. A sponsor shall deny an 110 application if the school does not propose a reading curriculum 111 that is consistent with effective teaching strategies that are 112 grounded in scientifically based reading research. 113 5. Contains an annual financial plan for each year 114 requested by the charter for operation of the school for up to 5 115 years. This plan must contain anticipated fund balances based on 116 revenue projections, a spending plan based on projected revenues 117 and expenses, and a description of controls that will safeguard 118 finances and projected enrollment trends. 119 6. Discloses the name of each applicant, governing board 120 member, and all proposed education services providers; the name 121 and sponsor of any charter school operated by each applicant, 122 each governing board member, and each proposed education 123 services provider that has closed and the reasons for the 124 closure; and the academic and financial history of such charter 125 HB 7021 2023 CODING: Words stricken are deletions; words underlined are additions. hb7021-00 Page 6 of 35 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 schools, which the sponsor shall consider in deciding whe ther to 126 approve or deny the application. 127 7. Contains additional information a sponsor may require, 128 which shall be attached as an addendum to the charter school 129 application described in this paragraph. 130 8. For the establishment of a virtual charter schoo l, 131 documents that the applicant has contracted with a provider of 132 virtual instruction services pursuant to s. 1002.45(1)(d). 133 (7) CHARTER.—The terms and conditions for the operation of 134 a charter school, including a virtual charter school, shall be 135 set forth by the sponsor and the applicant in a written 136 contractual agreement, called a charter. The sponsor and the 137 governing board of the charter school or virtual charter school 138 shall use the standard charter contract or standard virtual 139 charter contract, resp ectively, pursuant to subsection (21), 140 which shall incorporate the approved application and any addenda 141 approved with the application. Any term or condition of a 142 proposed charter contract or proposed virtual charter contract 143 that differs from the standard charter or virtual charter 144 contract adopted by rule of the State Board of Education shall 145 be presumed a limitation on charter school flexibility. The 146 sponsor may not impose unreasonable rules or regulations that 147 violate the intent of giving charter schools greater flexibility 148 to meet educational goals. The charter shall be signed by the 149 governing board of the charter school and the sponsor, following 150 HB 7021 2023 CODING: Words stricken are deletions; words underlined are additions. hb7021-00 Page 7 of 35 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 public hearing to ensure community input. 151 (a) The charter shall address and criteria for approval of 152 the charter shall be based on: 153 1. The school's mission, the types of students to be 154 served, and, for a virtual charter school, the types of students 155 the school intends to serve who reside outside of the sponsoring 156 school district, and the ages and grades to be included. 157 2. The focus of the curriculum, the instructional methods 158 to be used, any distinctive instructional techniques to be 159 employed, and identification and acquisition of appropriate 160 technologies needed to improve educational and administrative 161 performance which include a means for promoting safe, ethical, 162 and appropriate uses of technology which comply with legal and 163 professional standards. 164 a. The charter shall ensure that reading is a primary 165 focus of the curriculum and that resources are prov ided to 166 identify and provide specialized instruction for students who 167 are reading below grade level. The curriculum and instructional 168 strategies for reading must be consistent with the state 169 academic standards Next Generation Sunshine State Standards and 170 grounded in scientifically based reading research. 171 b. In order to provide students with access to diverse 172 instructional delivery models, to facilitate the integration of 173 technology within traditional classroom instruction, and to 174 provide students with the skills they need to compete in the 175 HB 7021 2023 CODING: Words stricken are deletions; words underlined are additions. hb7021-00 Page 8 of 35 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 21st century economy, the Legislature encourages instructional 176 methods for blended learning courses consisting of both 177 traditional classroom and online instructional techniques. 178 Charter schools may implement blended lear ning courses which 179 combine traditional classroom instruction and virtual 180 instruction. Students in a blended learning course must be full -181 time students of the charter school pursuant to s. 182 1011.61(1)(a)1. Instructional personnel certified pursuant to s. 183 1012.55 who provide virtual instruction for blended learning 184 courses may be employees of the charter school or may be under 185 contract to provide instructional services to charter school 186 students. At a minimum, such instructional personnel must hold 187 an active state or school district adjunct certification under 188 s. 1012.57 for the subject area of the blended learning course. 189 The funding and performance accountability requirements for 190 blended learning courses are the same as those for traditional 191 courses. 192 3. The current incoming baseline standard of student 193 academic achievement, the outcomes to be achieved, and the 194 method of measurement that will be used. The criteria listed in 195 this subparagraph shall include a detailed description of: 196 a. How the baseline stude nt academic achievement levels 197 and prior rates of academic progress will be established. 198 b. How these baseline rates will be compared to rates of 199 academic progress achieved by these same students while 200 HB 7021 2023 CODING: Words stricken are deletions; words underlined are additions. hb7021-00 Page 9 of 35 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 attending the charter school. 201 c. To the extent pos sible, how these rates of progress 202 will be evaluated and compared with rates of progress of other 203 closely comparable student populations. 204 205 A district school board is required to provide academic student 206 performance data to charter schools for each of their students 207 coming from the district school system, as well as rates of 208 academic progress of comparable student populations in the 209 district school system. 210 4. The methods used to identify the educational strengths 211 and needs of students and how well educatio nal goals and 212 performance standards are met by students attending the charter 213 school. The methods shall provide a means for the charter school 214 to ensure accountability to its constituents by analyzing 215 student performance data and by evaluating the effectiv eness and 216 efficiency of its major educational programs. Students in 217 charter schools shall, at a minimum, participate in the 218 statewide assessment program created under s. 1008.22. 219 5. In secondary charter schools, a method for determining 220 that a student has satisfied the requirements for graduation in 221 s. 1002.3105(5), s. 1003.4281, or s. 1003.4282. 222 6. A method for resolving conflicts between the governing 223 board of the charter school and the sponsor. 224 7. The admissions procedures and dismissal procedures, 225 HB 7021 2023 CODING: Words stricken are deletions; words underlined are additions. hb7021-00 Page 10 of 35 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 including the school's code of student conduct. Admission or 226 dismissal must not be based on a student's academic performance. 227 8. The ways by which the school will achieve a 228 racial/ethnic balance ref lective of the community it serves or 229 within the racial/ethnic range of other nearby public schools or 230 school districts. 231 9. The financial and administrative management of the 232 school, including a reasonable demonstration of the professional 233 experience or competence of those individuals or organizations 234 applying to operate the charter school or those hired or 235 retained to perform such professional services and the 236 description of clearly delineated responsibilities and the 237 policies and practices needed to eff ectively manage the charter 238 school. A description of internal audit procedures and 239 establishment of controls to ensure that financial resources are 240 properly managed must be included. Both public sector and 241 private sector professional experience shall be eq ually valid in 242 such a consideration. 243 10. The asset and liability projections required in the 244 application which are incorporated into the charter and shall be 245 compared with information provided in the annual report of the 246 charter school. 247 11. A description of procedures that identify various 248 risks and provide for a comprehensive approach to reduce the 249 impact of losses; plans to ensure the safety and security of 250 HB 7021 2023 CODING: Words stricken are deletions; words underlined are additions. hb7021-00 Page 11 of 35 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 students and staff; plans to identify, minimize, and protect 251 others from violent or disruptive student behavior; and the 252 manner in which the school will be insured, including whether or 253 not the school will be required to have liability insurance, 254 and, if so, the terms and conditions thereof and the amounts of 255 coverage. 256 12. The term of the charter which shall provide for 257 cancellation of the charter if insufficient progress has been 258 made in attaining the student achievement objectives of the 259 charter and if it is not likely that such objectives can be 260 achieved before expiration of the charter. The ini tial term of a 261 charter shall be for 5 years, excluding 2 planning years. In 262 order to facilitate access to long -term financial resources for 263 charter school construction, charter schools that are operated 264 by a municipality or other public entity as provided by law are 265 eligible for up to a 15 -year charter, subject to approval by the 266 sponsor. A charter lab school is eligible for a charter for a 267 term of up to 15 years. In addition, to facilitate access to 268 long-term financial resources for charter school construc tion, 269 charter schools that are operated by a private, not -for-profit, 270 s. 501(c)(3) status corporation are eligible for up to a 15 -year 271 charter, subject to approval by the sponsor. Such long -term 272 charters remain subject to annual review and may be terminate d 273 during the term of the charter, but only according to the 274 provisions set forth in subsection (8). 275 HB 7021 2023 CODING: Words stricken are deletions; words underlined are additions. hb7021-00 Page 12 of 35 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 13. The facilities to be used and their location. The 276 sponsor may not require a charter school to have a certificate 277 of occupancy or a temporary certifica te of occupancy for such a 278 facility earlier than 15 calendar days before the first day of 279 school. 280 14. The qualifications to be required of the teachers and 281 the potential strategies used to recruit, hire, train, and 282 retain qualified staff to achieve best value. 283 15. The governance structure of the school, including the 284 status of the charter school as a public or private employer as 285 required in paragraph (12)(i). 286 16. A timetable for implementing the charter which 287 addresses the implementation of each elem ent thereof and the 288 date by which the charter shall be awarded in order to meet this 289 timetable. 290 17. In the case of an existing public school that is being 291 converted to charter status, alternative arrangements for 292 current students who choose not to attend the charter school and 293 for current teachers who choose not to teach in the charter 294 school after conversion in accordance with the existing 295 collective bargaining agreement or district school board rule in 296 the absence of a collective bargaining agreement. H owever, 297 alternative arrangements shall not be required for current 298 teachers who choose not to teach in a charter lab school, except 299 as authorized by the employment policies of the state university 300 HB 7021 2023 CODING: Words stricken are deletions; words underlined are additions. hb7021-00 Page 13 of 35 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 which grants the charter to the lab school. 301 18. Full disclosure of the identity of all relatives 302 employed by the charter school who are related to the charter 303 school owner, president, chairperson of the governing board of 304 directors, superintendent, governing board member, principal, 305 assistant principal, or any o ther person employed by the charter 306 school who has equivalent decisionmaking authority. For the 307 purpose of this subparagraph, the term "relative" means father, 308 mother, son, daughter, brother, sister, uncle, aunt, first 309 cousin, nephew, niece, husband, wife, father-in-law, mother-in-310 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, 311 stepfather, stepmother, stepson, stepdaughter, stepbrother, 312 stepsister, half brother, or half sister. 313 19. Implementation of the activities authorized under s. 314 1002.331 by the charter school when it satisfies the eligibility 315 requirements for a high -performing charter school. A high -316 performing charter school shall notify its sponsor in writing by 317 March 1 if it intends to increase enrollment or expand grade 318 levels the following school year. The written notice shall 319 specify the amount of the enrollment increase and the grade 320 levels that will be added, as applicable. 321 Section 6. Paragraph (a) of subsection (2), paragraph (a) 322 of subsection (3), and paragraph (a) of subs ection (4) of 323 section 1002.45, Florida Statutes, are amended to read: 324 1002.45 Virtual instruction programs. — 325 HB 7021 2023 CODING: Words stricken are deletions; words underlined are additions. hb7021-00 Page 14 of 35 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 (2) PROVIDER QUALIFICATIONS. — 326 (a) The department shall annually publish on its website a 327 list of providers approved by the State Board of Edu cation to 328 offer virtual instruction programs. To be approved, a virtual 329 instruction program provider must document that it: 330 1. Is nonsectarian in its programs, admission policies, 331 employment practices, and operations; 332 2. Complies with the antidiscrimin ation provisions of s. 333 1000.05; 334 3. Locates an administrative office or offices in this 335 state, requires its administrative staff to be state residents, 336 requires all instructional staff to be Florida -certified 337 teachers under chapter 1012 and conducts backg round screenings 338 for all employees or contracted personnel, as required by s. 339 1012.32, using state and national criminal history records; 340 4. Electronically provides to parents and students 341 specific information that includes, but is not limited to, the 342 following teacher-parent and teacher-student contact information 343 for each course: 344 a. How to contact the instructor via phone, e -mail, or 345 online messaging tools. 346 b. How to contact technical support via phone, e -mail, or 347 online messaging tools. 348 c. How to contact the administration office via phone, e -349 mail, or online messaging tools. 350 HB 7021 2023 CODING: Words stricken are deletions; words underlined are additions. hb7021-00 Page 15 of 35 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 d. Any requirement for regular contact with the instructor 351 for the course and clear expectations for meeting the 352 requirement. 353 e. The requirement that the instructor in eac h course 354 must, at a minimum, conduct one contact with the parent and the 355 student each month; 356 5. Possesses prior, successful experience offering virtual 357 instruction courses to elementary, middle, or high school 358 students as demonstrated by quantified stude nt learning gains in 359 each subject area and grade level provided for consideration as 360 an instructional program option. However, for a virtual 361 instruction program provider without sufficient prior, 362 successful experience offering online courses, the State Boa rd 363 of Education may conditionally approve the virtual instruction 364 program provider to offer courses measured pursuant to 365 subparagraph (7)(a)2. Conditional approval shall be valid for 2 366 school years only and, based on the virtual instruction program 367 provider's experience in offering the courses, the State Board 368 of Education may grant approval to offer a virtual instruction 369 program; 370 6. Is accredited by a regional accrediting association as 371 defined by State Board of Education rule; 372 7. Ensures instructional and curricular quality through a 373 detailed curriculum and student performance accountability plan 374 that addresses every subject and grade level it intends to 375 HB 7021 2023 CODING: Words stricken are deletions; words underlined are additions. hb7021-00 Page 16 of 35 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 provide through contract with the school district, including: 376 a. Courses and programs that meet the standards of the 377 International Association for K -12 Online Learning and the 378 Southern Regional Education Board. 379 b. Instructional content and services that align with, and 380 measure student attainment of, student proficiency in the state 381 academic standards Next Generation Sunshine State Standards . 382 c. Mechanisms that determine and ensure that a student has 383 satisfied requirements for grade level promotion and high school 384 graduation with a standard diploma, as appropriate; 385 8. Publishes, in accordance wit h disclosure requirements 386 adopted in rule by the State Board of Education, as part of its 387 application as an approved virtual instruction program provider 388 and in all contracts negotiated pursuant to this section: 389 a. Information and data about the curricul um of each full-390 time and part-time virtual instruction program. 391 b. School policies and procedures. 392 c. Certification status and physical location of all 393 administrative and instructional personnel. 394 d. Hours and times of availability of instructional 395 personnel. 396 e. Student-teacher ratios. 397 f. Student completion and promotion rates. 398 g. Student, educator, and school performance 399 accountability outcomes; 400 HB 7021 2023 CODING: Words stricken are deletions; words underlined are additions. hb7021-00 Page 17 of 35 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 9. If the approved virtual instruction program provider is 401 a Florida College System institution, em ploys instructors who 402 meet the certification requirements for instructional staff 403 under chapter 1012; and 404 10. Performs an annual financial audit of its accounts and 405 records conducted by an independent auditor who is a certified 406 public accountant licensed under chapter 473. The independent 407 auditor shall conduct the audit in accordance with rules adopted 408 by the Auditor General and in compliance with generally accepted 409 auditing standards, and include a report on financial statements 410 presented in accordance w ith generally accepted accounting 411 principles. The audit report shall be accompanied by a written 412 statement from the approved virtual instruction program provider 413 in response to any deficiencies identified within the audit 414 report and shall be submitted by t he approved virtual 415 instruction program provider to the State Board of Education and 416 the Auditor General no later than 9 months after the end of the 417 preceding fiscal year. 418 (3) VIRTUAL INSTRUCTION PROGRAM REQUIREMENTS. —Each virtual 419 instruction program und er this section must: 420 (a) Align virtual course curriculum and course content to 421 the state academic standards Sunshine State Standards under s. 422 1003.41. 423 (4) CONTRACT REQUIREMENTS. —Each contract with an approved 424 virtual instruction program provider must, at minimum: 425 HB 7021 2023 CODING: Words stricken are deletions; words underlined are additions. hb7021-00 Page 18 of 35 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) Set forth a detailed curriculum plan that illustrates 426 how students will be provided services and be measured for 427 attainment of proficiency in the state academic standards Next 428 Generation Sunshine State Standards for each grade level and 429 subject. 430 431 A contracting school district shall facilitate compliance with 432 the requirements of paragraphs (h) and (i). 433 Section 7. Effective July 1, 2023, paragraph (a) of 434 subsection (2) of section 1002.45, Florida Statutes, as amended 435 by section 17 of chapter 2022-154, and section 10 of chapter 436 2022-157, Laws of Florida, is amended to read: 437 1002.45 Virtual instruction programs. — 438 (2) PROVIDER QUALIFICATIONS. — 439 (a) The department shall annually publish on its website a 440 list of providers approved by the State Board of Education to 441 offer virtual instruction programs. To be approved, a virtual 442 instruction program provider must document that it: 443 1. Is nonsectarian in its programs, admission policies, 444 employment practices, and operations; 445 2. Complies with the antidiscrimination provisions of s. 446 1000.05; 447 3. Locates an administrative office or offices in this 448 state, requires its administrative staff to be state residents, 449 requires all instructional staff to be Florida -certified 450 HB 7021 2023 CODING: Words stricken are deletions; words underlined are additions. hb7021-00 Page 19 of 35 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 teachers under chapter 1012 and conducts background screenings 451 for all employees or contracted personnel, as required by s. 452 1012.32, using state and national criminal history records; 453 4. Electronically provides to parents and students 454 specific information that includes, but is not limited to, the 455 following teacher-parent and teacher-student contact information 456 for each course: 457 a. How to contact the instructor via phone, e -mail, or 458 online messaging tools. 459 b. How to contact technical support via phone, e -mail, or 460 online messaging tools. 461 c. How to contact the administration office via phone, e -462 mail, or online messaging tools. 463 d. Any requirement for regular contact with the instructor 464 for the course and clear expectations for meeting the 465 requirement. 466 e. The requirement that the instructor in each course 467 must, at a minimum, conduct one contact with the parent and the 468 student each month; 469 5. Possesses prior, successful experience offering virtual 470 instruction courses to elementary, middle, or high school 471 students as demonstrate d by quantified student learning gains in 472 each subject area and grade level provided for consideration as 473 an instructional program option. However, for a virtual 474 instruction program provider without sufficient prior, 475 HB 7021 2023 CODING: Words stricken are deletions; words underlined are additions. hb7021-00 Page 20 of 35 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 successful experience offering online c ourses, the State Board 476 of Education may conditionally approve the virtual instruction 477 program provider to offer courses measured pursuant to 478 subparagraph (7)(a)2. Conditional approval shall be valid for 1 479 school year only and, based on the virtual instruc tion program 480 provider's experience in offering the courses, the State Board 481 of Education may grant approval to offer a virtual instruction 482 program; 483 6. Is accredited by a regional accrediting association as 484 defined by State Board of Education rule; 485 7. Ensures instructional and curricular quality through a 486 detailed curriculum and student performance accountability plan 487 that addresses every subject and grade level it intends to 488 provide through contract with the school district, including: 489 a. Courses and programs that meet the standards of the 490 International Association for K -12 Online Learning and the 491 Southern Regional Education Board. 492 b. Instructional content and services that align with, and 493 measure student attainment of, student proficiency in the state 494 academic standards Next Generation Sunshine State Standards . 495 c. Mechanisms that determine and ensure that a student has 496 satisfied requirements for grade level promotion and high school 497 graduation with a standard diploma, as appropriate; 498 8. Publishes, in accordance with disclosure requirements 499 adopted in rule by the State Board of Education, as part of its 500 HB 7021 2023 CODING: Words stricken are deletions; words underlined are additions. hb7021-00 Page 21 of 35 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 application as an approved virtual instruction program provider 501 and in all contracts negotiated pursuant to this section: 502 a. Information and data about the curriculum of each full -503 time and part-time virtual instruction program. 504 b. School policies and procedures. 505 c. Certification status and physical location of all 506 administrative and instructional personnel. 507 d. Hours and times of availability of instructional 508 personnel. 509 e. Student-teacher ratios. 510 f. Student completion and promotion rates. 511 g. Student, educator, and school performance 512 accountability outcomes; 513 9. If the approved virtual instruction program provider is 514 a Florida College Sys tem institution, employs instructors who 515 meet the certification requirements for instructional staff 516 under chapter 1012; and 517 10. Performs an annual financial audit of its accounts and 518 records conducted by an independent auditor who is a certified 519 public accountant licensed under chapter 473. The independent 520 auditor shall conduct the audit in accordance with rules adopted 521 by the Auditor General and in compliance with generally accepted 522 auditing standards, and include a report on financial statements 523 presented in accordance with generally accepted accounting 524 principles. The audit report shall be accompanied by a written 525 HB 7021 2023 CODING: Words stricken are deletions; words underlined are additions. hb7021-00 Page 22 of 35 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 statement from the approved virtual instruction program provider 526 in response to any deficiencies identified within the audit 527 report and shall be submitted by the approved virtual 528 instruction program provider to the State Board of Education and 529 the Auditor General no later than 9 months after the end of the 530 preceding fiscal year. 531 Section 8. Paragraph (b) of subsection (1) of section 532 1003.4282, Florida Statutes, is amended to read: 533 1003.4282 Requirements for a standard high school 534 diploma.— 535 (1) TWENTY-FOUR CREDITS REQUIRED. — 536 (b) The required credits may be earned through equivalent, 537 applied, or integrated courses or career education cou rses as 538 defined in s. 1003.01(4), including work -related internships 539 approved by the State Board of Education and identified in the 540 course code directory. However, any must -pass assessment 541 requirements must be met. An equivalent course is one or more 542 courses identified by content -area experts as being a match to 543 the core curricular content of another course, based upon review 544 of the state academic standards Next Generation Sunshine State 545 Standards for that subject. An applied course aligns with state 546 academic standards Next Generation Sunshine State Standards and 547 includes real-world applications of a career and technical 548 education standard used in business or industry. An integrated 549 course includes content from several courses within a content 550 HB 7021 2023 CODING: Words stricken are deletions; words underlined are additions. hb7021-00 Page 23 of 35 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 area or across content areas. 551 Section 9. Paragraph (a) of subsection (3) of section 552 1003.499, Florida Statutes, is amended to read: 553 1003.499 Florida Approved Courses and Tests (FACT) 554 Initiative.— 555 (3) PROVIDER REQUIREMENTS. — 556 (a) To be approved by the Department of Education, an 557 individual provider must provide all the following documentation 558 that demonstrates that he or she: 559 1. Is nonsectarian regarding courses, enrollment policies, 560 employment practices, and operations. 561 2. Complies with the antidiscriminatio n provisions of s. 562 1000.05. 563 3. Requires all instructional staff to be Florida -564 certified teachers under chapter 1012 or certified as adjunct 565 educators under s. 1012.57 and conducts background screenings 566 for all employees or contracted personnel, as required by s. 567 1012.32, using state and national criminal history records. 568 4. Provides to parents and students specific information 569 posted and accessible online which includes, but is not limited 570 to, the following teacher -parent and teacher-student contact 571 information for each course: 572 a. How to contact the instructor via telephone, e -mail, or 573 online messaging tools. 574 b. How to contact technical support via telephone, e -mail, 575 HB 7021 2023 CODING: Words stricken are deletions; words underlined are additions. hb7021-00 Page 24 of 35 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 or online messaging tools. 576 c. How to contact the administration office or an 577 individual offering online courses, including, but not limited 578 to, massive open online courses, via telephone, e -mail, or 579 online messaging tools. 580 d. Any requirement for regular contact with the instructor 581 for the course and clear expectations for meetin g the 582 requirement. 583 5. Possesses prior, successful experience offering online 584 courses to elementary, middle, or high school students as 585 demonstrated by quantified student learning gains or student 586 growth in each subject area and grade level provided for 587 consideration as an instructional program option. However, for a 588 provider without sufficient prior, successful experience 589 offering online courses, the department may conditionally 590 approve the provider to offer courses measured by the statewide 591 assessment program pursuant to s. 1008.22. Conditional approval 592 is valid for 1 year. Renewal of provider approval is contingent 593 on sufficient performance data available demonstrating success 594 in accordance with this section and State Board of Education 595 rule. 596 6. Ensures instructional and curricular quality through a 597 detailed curriculum and student performance accountability plan 598 that addresses every subject and grade level that the provider 599 intends to provide through contract with the school district, 600 HB 7021 2023 CODING: Words stricken are deletions; words underlined are additions. hb7021-00 Page 25 of 35 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 including all of the following: 601 a. Courses and programs that meet the standards of the 602 International Association for K -12 Online Learning and the 603 Southern Regional Education Board. 604 b. Instructional content and services that align with, and 605 measure student attainment of, student proficiency in the state 606 academic standards Next Generation Sunshine State Standards . 607 c. Mechanisms that determine and ensure that a student has 608 satisfied requirements for grade level promotion and high school 609 graduation with a standard diploma, as appropriate. 610 7. Publishes for the general public, in accordance with 611 disclosure requirements adopted in rule by the State Board of 612 Education, as part of the application as a provider and in all 613 contracts negotiated pursuant to this section all of the 614 following information: 615 a. Certification status and physical location of all 616 administrative and instructional personnel. 617 b. Hours and times of availability of instructional 618 personnel. 619 c. Student-teacher ratios. 620 d. Student completion and promotion r ates. 621 e. Student, educator, and school performance 622 accountability outcomes. 623 Section 10. Section 1003.4995, Florida Statutes, is 624 amended to read: 625 HB 7021 2023 CODING: Words stricken are deletions; words underlined are additions. hb7021-00 Page 26 of 35 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 1003.4995 Fine arts report. —The Commissioner of Education 626 shall prepare an annual report that includes a description, 627 based on annual reporting by schools, of student access to and 628 participation in fine arts courses, which are visual arts, 629 music, dance, and theatre courses; the number and certification 630 status of educators providing instruction in the course s; 631 educational facilities designed and classroom space equipped for 632 fine arts instruction; and the manner in which schools are 633 providing the core curricular content for fine arts established 634 in the state academic standards Next Generation Sunshine State 635 Standards. The report shall be posted on the Department of 636 Education's website and updated annually. 637 Section 11. Paragraph (b) of subsection (2) of section 638 1006.28, Florida Statutes, is amended to read: 639 1006.28 Duties of district school board, district school 640 superintendent; and school principal regarding K -12 641 instructional materials. — 642 (2) DISTRICT SCHOOL BOARD. —The district school board has 643 the constitutional duty and responsibility to select and provide 644 adequate instructional materials for all stude nts in accordance 645 with the requirements of this part. The district school board 646 also has the following specific duties and responsibilities: 647 (b) Instructional materials. —Provide for proper 648 requisitioning, distribution, accounting, storage, care, and use 649 of all instructional materials and furnish such other 650 HB 7021 2023 CODING: Words stricken are deletions; words underlined are additions. hb7021-00 Page 27 of 35 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 instructional materials as may be needed. Instructional 651 materials used must be consistent with the district goals and 652 objectives and the course descriptions established in rule of 653 the State Board of Edu cation, as well as with the applicable 654 state academic standards Next Generation Sunshine State 655 Standards provided for in s. 1003.41. 656 Section 12. Paragraph (b) of subsection (1) of section 657 1006.29, Florida Statutes, is amended to read: 658 1006.29 State instructional materials reviewers. — 659 (1) 660 (b) By April 15 of each school year, the commissioner 661 shall appoint three state or national experts in the content 662 areas submitted for adoption to review the instructional 663 materials and evaluate the content for ali gnment with the 664 applicable state academic standards Next Generation Sunshine 665 State Standards. These reviewers shall be designated as state 666 instructional materials reviewers and shall review the materials 667 for the level of instructional support and the accur acy and 668 appropriateness of progression of introduced content. 669 Instructional materials shall be made electronically available 670 to the reviewers. The initial review of the materials shall be 671 made by only two of the three reviewers. If the two reviewers 672 reach different results, the third reviewer shall break the tie. 673 The reviewers shall independently make recommendations to the 674 commissioner regarding materials that should be placed on the 675 HB 7021 2023 CODING: Words stricken are deletions; words underlined are additions. hb7021-00 Page 28 of 35 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 list of adopted materials through an electronic feedback review 676 system. 677 Section 13. Subsection (2) of section 1006.31, Florida 678 Statutes, is amended to read: 679 1006.31 Duties of the Department of Education and school 680 district instructional materials reviewer. —The duties of the 681 instructional materials reviewer are: 682 (2) EVALUATION OF INSTRUCTIONAL MATERIALS. —To use the 683 selection criteria listed in s. 1006.34(2)(b) and recommend for 684 adoption only those instructional materials aligned with the 685 state academic standards Next Generation Sunshine State 686 Standards provided for in s. 1003.41. Instructional materials 687 recommended by each reviewer shall be, to the satisfaction of 688 each reviewer, accurate, objective, balanced, noninflammatory, 689 current, free of pornography and material prohibited under s. 690 847.012, and suited to stud ent needs and their ability to 691 comprehend the material presented. Reviewers shall consider for 692 recommendation materials developed for academically talented 693 students, such as students enrolled in advanced placement 694 courses. When recommending instructional m aterials, each 695 reviewer shall: 696 (a) Include only instructional materials that accurately 697 portray the ethnic, socioeconomic, cultural, religious, 698 physical, and racial diversity of our society, including men and 699 women in professional, career, and executive roles, and the role 700 HB 7021 2023 CODING: Words stricken are deletions; words underlined are additions. hb7021-00 Page 29 of 35 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 and contributions of the entrepreneur and labor in the total 701 development of this state and the United States. 702 (b) Include only materials that accurately portray, 703 whenever appropriate, humankind's place in ecological systems, 704 including the necessity for the protection of our environment 705 and conservation of our natural resources and the effects on the 706 human system of the use of tobacco, alcohol, controlled 707 substances, and other dangerous substances. 708 (c) Include materials that encourage thrift, fire 709 prevention, and humane treatment of people and animals. 710 (d) Require, when appropriate to the comprehension of 711 students, that materials for social science, history, or civics 712 classes contain the Declaration of Independence and the 713 Constitution of the United States. A reviewer may not recommend 714 any instructional materials that contain any matter reflecting 715 unfairly upon persons because of their race, color, creed, 716 national origin, ancestry, gender, religion, disability, 717 socioeconomic status, o r occupation or otherwise contradict the 718 principles enumerated under s. 1003.42(3). 719 Section 14. Paragraph (e) of subsection (1) of section 720 1006.33, Florida Statutes, is amended to read: 721 1006.33 Bids or proposals; advertisement and its 722 contents.— 723 (1) 724 (e) The advertisement shall give information regarding 725 HB 7021 2023 CODING: Words stricken are deletions; words underlined are additions. hb7021-00 Page 30 of 35 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 digital specifications that have been adopted by the department, 726 including minimum format requirements that will enable 727 electronic and digital content to be accessed through the 728 district's local ins tructional improvement system and a variety 729 of mobile, electronic, and digital devices. Beginning with 730 specifications released in 2014, the digital specifications 731 shall include requiring the capability for searching by state 732 standards and site and student -level licensing. Such digital 733 format specifications shall be appropriate for the 734 interoperability of the content. The department may not adopt 735 specifications that require the instructional materials to 736 include specific references to FCAT and state academic standards 737 Next Generation Sunshine State Standards and benchmarks at the 738 point of student use. 739 Section 15. Paragraph (b) of subsection (2) of section 740 1006.34, Florida Statutes, is amended to read: 741 1006.34 Powers and duties of the commissioner and th e 742 department in selecting and adopting instructional materials. — 743 (2) SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS. — 744 (b) In the selection of instructional materials, library 745 media, and other reading material used in the public school 746 system, the standards used to determine the propriety of the 747 material shall include: 748 1. The age of the students who normally could be expected 749 to have access to the material. 750 HB 7021 2023 CODING: Words stricken are deletions; words underlined are additions. hb7021-00 Page 31 of 35 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 2. The educational purpose to be served by the material. 751 Priority shall be given to the sel ection of materials that align 752 with the state academic standards Next Generation Sunshine State 753 Standards as provided for in s. 1003.41 and include the 754 instructional objectives contained within the curriculum 755 frameworks for career and technical education a nd adult and 756 adult general education adopted by rule of the State Board of 757 Education under s. 1004.92. 758 3. The degree to which the material would be supplemented 759 and explained by mature classroom instruction as part of a 760 normal classroom instructional pro gram. 761 4. The consideration of the broad racial, ethnic, 762 socioeconomic, and cultural diversity of the students of this 763 state. 764 765 Any instructional material containing pornography or otherwise 766 prohibited by s. 847.012 may not be used or made available 767 within any public school. 768 Section 16. Paragraph (c) of subsection (6) of section 769 1007.35, Florida Statutes, is amended to read: 770 1007.35 Florida Partnership for Minority and 771 Underrepresented Student Achievement. — 772 (6) The partnership shall: 773 (c) Provide teacher training and materials that are 774 aligned with the state academic standards Next Generation 775 HB 7021 2023 CODING: Words stricken are deletions; words underlined are additions. hb7021-00 Page 32 of 35 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 Sunshine State Standards and are consistent with best theory and 776 practice regarding multiple learning styles and research on 777 learning, instructional strategies , instructional design, and 778 classroom assessment. Curriculum materials must be based on 779 current, accepted, and essential academic knowledge. 780 Section 17. Paragraph (b) of subsection (1) of section 781 1008.385, Florida Statutes, is amended to read: 782 1008.385 Educational planning and information systems. — 783 (1) EDUCATIONAL PLANNING. — 784 (b) Each district school board shall maintain a continuing 785 system of planning and budgeting designed to aid in identifying 786 and meeting the educational needs of students and th e public. 787 Provision shall be made for coordination between district school 788 boards and Florida College System institution boards of trustees 789 concerning the planning for career education and adult 790 educational programs. The major emphasis of the system shall be 791 upon locally determined goals and objectives, the state plan for 792 education, and the state academic standards Sunshine State 793 Standards developed by the Department of Education and adopted 794 by the State Board of Education. The district planning and 795 budgeting system must include consideration of student 796 achievement data obtained pursuant to ss. 1008.22 and 1008.34. 797 The system shall be structured to meet the specific management 798 needs of the district and to align the budget adopted by the 799 district school board with the plan the board has also adopted. 800 HB 7021 2023 CODING: Words stricken are deletions; words underlined are additions. hb7021-00 Page 33 of 35 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 Each district school board shall utilize its system of planning 801 and budgeting to emphasize a system of school -based management 802 in which individual school centers become the principal planning 803 units and to integrat e planning and budgeting at the school 804 level. 805 Section 18. Paragraph (l) of subsection (2) of section 806 1012.05, Florida Statutes, is amended to read: 807 1012.05 Teacher recruitment and retention. — 808 (2) The Department of Education shall: 809 (l) Develop and implement an online Teacher Toolkit that 810 contains a menu of resources, based on the state academic 811 standards Sunshine State Standards , that all teachers can use to 812 enhance classroom instruction and increase teacher 813 effectiveness, thus resu lting in improved student achievement. 814 Section 19. Subsection (5) of section 1012.28, Florida 815 Statutes, is amended to read: 816 1012.28 Public school personnel; duties of school 817 principals.— 818 (5) Each school principal shall perform such duties as may 819 be assigned by the district school superintendent, pursuant to 820 the rules of the district school board. Such rules shall 821 include, but are not limited to, rules relating to 822 administrative responsibility, instructional leadership in 823 implementing the state academic standards Sunshine State 824 Standards and the overall educational program of the school to 825 HB 7021 2023 CODING: Words stricken are deletions; words underlined are additions. hb7021-00 Page 34 of 35 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 which the school principal is assigned, submission of personnel 826 recommendations to the district school superintendent, 827 administrative responsibility for records and reports, 828 administration of corporal punishment, and student suspension. 829 Section 20. Subsection (4) of section 1012.56, Florida 830 Statutes, is amended to read: 831 1012.56 Educator certification requirements. — 832 (4) ALIGNMENT OF SUBJECT AREAS. —The State Board of 833 Education shall align the subject area examinations to the state 834 academic standards Next Generation Sunshine State Standards . 835 Section 21. Subsection (1) of section 1012.72, Florida 836 Statutes, is amended to read: 837 1012.72 Dale Hickam Excellent Te aching Program.— 838 (1) The Legislature recognizes that teachers play a 839 critical role in preparing students to achieve the high levels 840 of academic performance expected by the state academic standards 841 Sunshine State Standards . The Legislature further recogni zes the 842 importance of identifying and rewarding teaching excellence and 843 of encouraging good teachers to become excellent teachers. The 844 Legislature finds that the National Board for Professional 845 Teaching Standards (NBPTS) has established high and rigorous 846 standards for accomplished teaching and has developed a national 847 voluntary system for assessing and certifying teachers who 848 demonstrate teaching excellence by meeting those standards. It 849 is therefore the Legislature's intent to reward teachers who 850 HB 7021 2023 CODING: Words stricken are deletions; words underlined are additions. hb7021-00 Page 35 of 35 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 demonstrate teaching excellence by attaining NBPTS certification 851 and sharing their expertise with other teachers. 852 Reviser's note.—Amended pursuant to the directive of the 853 Legislature in s. 10, ch. 2022 -16, Laws of Florida, to the 854 Division of Law Revision to prepare a reviser's bill for 855 the 2023 Regular Session of the Legislature to change the 856 term "Next Generation Sunshine State Standards" to "state 857 academic standards" wherever the term appears in the 858 Florida Statutes. 859 Section 22. Except as otherwise expressly p rovided in this 860 act and except for this section, which shall take effect July 1, 861 2023, this act shall take effect on the 60th day after 862 adjournment sine die of the session of the Legislature in which 863 enacted. 864