Florida 2023 2023 Regular Session

Florida House Bill H7021 Introduced / Bill

Filed 02/23/2023

                        
    
HB 7021  	2023 
 
 
 
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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      
    
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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      
    
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 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      
    
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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      
    
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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      
    
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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      
    
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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      
    
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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      
    
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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      
    
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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      
    
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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      
    
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 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      
    
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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      
    
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 (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      
    
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 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      
    
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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      
    
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 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      
    
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 (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      
    
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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      
    
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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      
    
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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      
    
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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      
    
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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      
    
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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      
    
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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      
    
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 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      
    
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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      
    
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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      
    
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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      
    
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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      
    
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 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      
    
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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      
    
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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      
    
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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      
    
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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