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A bill to be entitled 1
An act relating to the Florida Virtual School; 2
amending s. 1002.37, F.S.; revising the mission of the 3
Florida Virtual School; revising the students the 4
school may serve; deleting requirements for the school 5
to give priority to certain students; authorizing the 6
school's president and chief executive officer to 7
request a meeting of the board of trustees; 8
authorizing the school to use additional funding 9
sources for its education delivery system; authorizing 10
the use of certain funds to support the school's 11
mission; revising the duties and authority of the 12
school's board of trustees; removing the authority of 13
the school's board of trustees to adopt rules and 14
procedures; authorizing the school to accrue 15
supplemental revenue from direct -support 16
organizations; requi ring the school's president and 17
chief executive officer, or his or her authorized 18
designee, to review and approve certain expenditures; 19
deleting provisions relating to the school's executive 20
director; providing that certain provisions apply to 21
all administrative personnel, rather than to academic 22
administrative personnel; providing definitions for 23
the terms "administrative personnel" and 24
"instructional personnel"; providing that certain 25
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employees are considered state employees for specified 26
purposes; authorizing the school to enter into 27
specified contracts and agreements with other 28
educational institutions and governmental agencies; 29
revising the state funding available to the school 30
through the Florida Education Finance Program; 31
revising specified reporting requirements; requiring 32
certain international assessments be available to 33
Florida Virtual School students; requiring school 34
districts to provide Florida Virtual School students 35
with access to test administrators; providing an 36
effective date. 37
38
Be It Enacted by the Legislature of the State of Florida: 39
40
Section 1. Section 1002.37, Florida Statutes, is amended 41
to read: 42
1002.37 The Florida Virtual School. — 43
(1)(a) The Florida Virtual School is established for the 44
development and delivery of online and distance learning 45
education. The Commissioner of Education shall monitor the 46
school's performance and report its performance to the State 47
Board of Education and the Legislature. 48
(b) The mission of the Florida Virtual School is to 49
provide students with t echnology-based educational opportunities 50
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to gain the knowledge and skills necessary to succeed. The 51
school shall serve all students any student in the state who 52
meet meets the profile for success in this educational delivery 53
context. and shall give priori ty to: 54
1. Students who need expanded access to courses in order 55
to meet their educational goals, such as home education students 56
and students in inner -city and rural high schools who do not 57
have access to higher -level courses. 58
2. Students seeking accel erated access in order to obtain 59
a high school diploma at least one semester early. 60
3. Students who are children of an active duty member of 61
the United States Armed Forces who is not stationed in this 62
state whose home of record or state of legal residenc e is 63
Florida. 64
(c) To ensure parents and students are informed of the 65
opportunities offered by the Florida Virtual School, the 66
commissioner shall provide the board of trustees of the Florida 67
Virtual School access to the records of public school students 68
in a format prescribed by the board of trustees. 69
70
The board of trustees of the Florida Virtual School shall 71
identify appropriate performance measures and standards based on 72
student achievement that reflect the school's statutory mission 73
and priorities, and shall implement an accountability system for 74
the school that includes assessment of its effectiveness and 75
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efficiency in providing quality services that encourage high 76
student achievement, seamless articulation, and maximum access. 77
(2) The Florida Virtual School shall be governed by a 78
board of trustees comprised of seven members appointed by the 79
Governor to 4-year staggered terms. The board of trustees shall 80
be a public agency entitled to sovereign immunity pursuant to s. 81
768.28, and board members shall be public officers who shall 82
bear fiduciary responsibility for the Florida Virtual School. 83
The board of trustees shall have the following powers and 84
duties: 85
(a)1. The board of trustees shall meet at least 4 times 86
each year, upon the call of the board chair, or at the request 87
of a majority of the board membership, or at the request of the 88
Florida Virtual School president and chief executive officer . 89
2. The fiscal year for the Florida Virtual School shall be 90
the state fiscal year as provided in s. 216.011(1)(q). 91
(b) The board of trustees shall be responsible for the 92
Florida Virtual School's development of a state -of-the-art 93
technology-based education delivery system that is cost -94
effective, educationally sound, marketable, and capable of 95
sustaining a self-sufficient delivery system through the Florida 96
Education Finance Program and other supplemental funding 97
sources. 98
(c) The board of trustees shall aggressively seek avenues 99
to generate revenue to support its future endeavors, and shall 100
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enter into agreements with distance learning providers. The 101
board of trustees may acquire, enjoy, use, and dispose of 102
patents, copyrights, and trademarks and any licenses and other 103
rights or interests thereunder or therein. Ownership of all such 104
patents, copyrights, t rademarks, licenses, and rights or 105
interests thereunder or therein shall vest in the state, with 106
the board of trustees having full right of use and full right to 107
retain the revenues derived therefrom. Any funds realized from 108
patents, copyrights, trademarks , or licenses shall be considered 109
internal funds as provided in s. 1011.07 . Such funds shall be 110
used to support the school's mission and its marketing, and 111
research, and development activities in order to improve 112
courseware and services to its students. 113
(d) The board of trustees shall be responsible for the 114
administration and control of all local school funds derived 115
from all activities or sources and shall prescribe the 116
principles and policies procedures to be followed in 117
administering these funds. 118
(e) The Florida Virtual School may accrue supplemental 119
revenue from direct-support organizations and supplemental 120
support organizations, which include, but are not limited to, 121
alumni associations, foundations, parent -teacher associations, 122
and booster associat ions. The governing body of each direct-123
support organization and supplemental support organization shall 124
recommend the expenditure of moneys collected by the 125
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organization for the benefit of the school. Such expenditures 126
shall be contingent upon the review and approval of the Florida 127
Virtual School president and chief executive officer or an 128
authorized designee director. The executive director may 129
override any proposed expenditure of the organization that would 130
violate Florida law or breach sound educational management. 131
(f) In accordance with law and rules of the State Board of 132
Education, the board of trustees shall administer and maintain 133
personnel programs for all employees of the board of trustees 134
and the Florida Virtual School. The board of trustees may adopt 135
rules, policies, and procedures related to the appointment, 136
employment, and removal of personnel. 137
1. The board of trustees shall determine the compensation, 138
including salaries and fringe benefits, and other conditions of 139
employment for such person nel. 140
2. The board of trustees may establish and maintain a 141
personnel loan or exchange program by which persons employed by 142
the board of trustees for the Florida Virtual School as academic 143
administrative and instructional staff may be loaned to, or 144
exchanged with persons employed in like capacities by, public 145
agencies either within or without this state, or by private 146
industry. With respect to public agency employees, the program 147
authorized by this subparagraph shall be consistent with the 148
requirements of part II of chapter 112. The salary and benefits 149
of board of trustees personnel participating in the loan or 150
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exchange program shall be continued during the period of time 151
they participate in a loan or exchange program, and such 152
personnel shall be deemed to have no break in creditable or 153
continuous service or employment during such time. The salary 154
and benefits of persons participating in the personnel loan or 155
exchange program who are employed by public agencies or private 156
industry shall be paid by the origin ating employers of those 157
participants, and such personnel shall be deemed to have no 158
break in creditable or continuous service or employment during 159
such time. 160
3. The employment of all Florida Virtual School academic 161
administrative personnel as defined in s. 1012.01(3) and 162
instructional personnel as defined in s. 1012.01(2) shall be 163
subject to rejection for cause by the board of trustees, and 164
shall be subject to policies of the board of trustees relative 165
to certification, tenure, leaves of absence, sabbaticals, 166
remuneration, and such other conditions of employment as the 167
board of trustees deems necessary and proper, not inconsistent 168
with law. 169
4. Each person employed by the board of trustees in an 170
academic administrative or instructional capacity with the 171
Florida Virtual School shall be entitled to a contract as 172
provided by policies rules of the board of trustees. 173
5. All employees except tem porary, seasonal, and student 174
employees shall may be state employees for the purpose of being 175
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eligible to participate in the Florida Retirement System and 176
receive benefits. The classification and pay plan, including 177
terminal leave and other benefits, and a ny amendments thereto, 178
shall be subject to review and approval by the Department of 179
Management Services and the Executive Office of the Governor 180
before prior to adoption. 181
(g) The board of trustees shall establish priorities for 182
admission of students in a ccordance with paragraph (1)(b). 183
(g)(h) The board of trustees shall establish and 184
distribute to all school districts and high schools in the state 185
procedures for enrollment of students in courses offered by the 186
Florida Virtual School. 187
(h)(i) The board of trustees shall establish criteria 188
defining the elements of an approved franchise. The board of 189
trustees may enter into contracts and franchise agreements with 190
Florida district school boards and other educational 191
institutions and governmental agencies and may establish the 192
terms and conditions governing such contracts and agreements. 193
The board of trustees shall establish the performance and 194
accountability measures and report the performance of each 195
school district franchise to the Commissioner of Educatio n. 196
(i)(j) The board of trustees shall submit to the State 197
Board of Education both forecasted and actual enrollments and 198
credit completions for the Florida Virtual School, according to 199
procedures established by the State Board of Education. At a 200
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minimum, such procedures must include the number of public, 201
private, and home education students served by program and by 202
county of residence. 203
(j)(k) The board of trustees shall provide for the content 204
and custody of student and employee personnel records. Studen t 205
records shall be subject to the provisions of s. 1002.22. 206
Employee records shall be subject to the provisions of s. 207
1012.31. 208
(k)(l) The financial records and accounts of the Florida 209
Virtual School shall be maintained under the direction of the 210
board of trustees and under rules adopted by the State Board of 211
Education for the uniform system of financial records and 212
accounts for the schools of the state. 213
214
The Governor shall designate the initial chair of the board of 215
trustees to serve a term of 4 years. Me mbers of the board of 216
trustees shall serve without compensation, but may be reimbursed 217
for per diem and travel expenses pursuant to s. 112.061. The 218
board of trustees shall be a body corporate with all the powers 219
of a body corporate and such authority as is needed for the 220
proper operation and improvement of the Florida Virtual School. 221
The board of trustees is specifically authorized to adopt rules, 222
policies, and procedures, consistent with law and rules of the 223
State Board of Education related to governance, personnel, 224
budget and finance, administration, programs, curriculum and 225
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instruction, travel and purchasing, technology, students, 226
contracts and grants, and property as necessary for optimal, 227
efficient operation of the Florida Virtual School. Tangible 228
personal property owned by the board of trustees shall be 229
subject to the provisions of chapter 273. 230
(3) Funding for the Florida Virtual School shall be 231
provided as follows: 232
(a)1. The calculation of "full -time equivalent student" 233
shall be as prescribed in s. 1011.61(1)(c)1.b.(V) and is subject 234
to s. 1011.61(4). 235
2. For a student in a home education program, funding 236
shall be provided in accordance with this subsection upon course 237
completion if the parent verifies, upon enrollment for each 238
course, that the stu dent is registered with the school district 239
as a home education student pursuant to s. 1002.41(1)(a). 240
(b) Full-time equivalent student credit completed through 241
the Florida Virtual School, including credits completed during 242
the summer, shall be reported t o the Department of Education in 243
the manner prescribed by the department and shall be funded 244
through the Florida Education Finance Program. 245
(c) School districts may not limit student access to 246
courses offered through the Florida Virtual School. 247
(d) Full-time equivalent student credit completion for 248
courses offered through the Florida Virtual School shall be 249
reported only by the Florida Virtual School. School districts 250
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shall report full-time equivalent student membership only for 251
courses for which the di strict provides the instruction. Courses 252
delivered by the Florida Virtual School on a public school 253
campus shall be reported only by the school district in which 254
the student is enrolled. 255
(e) The comparable wage factor as provided in s. 256
1011.62(2) shall be established as 1.000. 257
(f) The Florida Virtual School shall receive state funds 258
for operating purposes as provided in the General Appropriations 259
Act. The calculation to determine the amount of state funds 260
includes: the sum of the basic amount for curren t operations 261
established in s. 1011.62(1)(s), the discretionary millage 262
compression supplement established in s. 1011.62(5), the state -263
funded discretionary contribution established in s. 1011.62(6), 264
a per-full-time equivalent share of the exceptional stude nt 265
education guaranteed allocation established in s. 1011.62(8), 266
the safe schools allocation established in s. 1011.62(12), and 267
the mental health assistance allocation established in s. 268
1011.62(13). 269
(g) In addition to the funds provided in the General 270
Appropriations Act, the Florida Virtual School may receive other 271
funds from grants and donations. 272
(4) School districts operating a virtual school that is an 273
approved franchise of the Florida Virtual School may count full -274
time equivalent students, as provid ed in paragraph (3)(a), if 275
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such school has been certified as an approved franchise by the 276
Commissioner of Education based on criteria established by the 277
board of trustees pursuant to paragraph (2)(h) (2)(i). 278
(5) Under no circumstance may the credit of the state be 279
pledged on behalf of the Florida Virtual School. 280
(6) The Florida Virtual School shall have an annual 281
financial audit of its accounts and records conducted by an 282
independent auditor who is a certified public accountant 283
licensed under chapter 473. The independent auditor shall 284
conduct the audit in accordance with rules adopted by the 285
Auditor General pursuant to s. 11.45 and, upon completion of the 286
audit, shall prepare an audit report in accordance with such 287
rules. The audit report must include a written statement by the 288
board of trustees describing corrective action to be taken in 289
response to each of the independent auditor's recommendations 290
included in the audit report. The independent auditor shall 291
submit the audit report to the board of trust ees and the Auditor 292
General no later than 9 months after the end of the preceding 293
fiscal year. 294
(7) The board of trustees shall annually submit to the 295
Governor, the Legislature, the Commissioner of Education, and 296
the State Board of Education the audit rep ort prepared pursuant 297
to subsection (6) and a complete and detailed report setting 298
forth: 299
(a) the operations and accomplishments of the Florida 300
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Virtual School within the state and those occurring outside the 301
state as Florida Virtual School Global . 302
(b) The marketing and operational plan for the Florida 303
Virtual School and Florida Virtual School Global, including 304
recommendations regarding methods for improving the delivery of 305
education through the Internet and other distance learning 306
technology. 307
(c) The assets and liabilities of the Florida Virtual 308
School and Florida Virtual School Global at the end of the 309
fiscal year. 310
(d) Recommendations regarding the unit cost of providing 311
services to students through the Florida Virtual School and 312
Florida Virtual School Global. In order to most effectively 313
develop public policy regarding any future funding of the 314
Florida Virtual School, it is imperative that the cost of the 315
program is accurately identified. The identified cost of the 316
program must be based on reliable data. 317
(e) Recommendations regarding an accountability mechanism 318
to assess the effectiveness of the services provided by the 319
Florida Virtual School and Florida Virtual School Global. 320
(8) The State Board of Education may adopt rules it deems 321
necessary to implement reporting requirements for the Florida 322
Virtual School. 323
(9)(a) The Florida Virtual School may provide full -time 324
and part-time instruction for students in kindergarten through 325
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grade 12. 326
(b) For students receiving part -time or full-time 327
instruction in kindergarten through grade 12 5 and students 328
receiving full-time instruction in kindergarten through grade 12 329
from the Florida Virtual School, the full -time equivalent 330
student enrollment calculated under this subsection is subject 331
to the requirements in s. 1011.61(4). 332
(10)(a) Public school students receiving full -time 333
instruction in kindergarten through grade 12 by the Florida 334
Virtual School must take all statewide assessments required 335
pursuant to s. 1008.22 and participate in the coordinated 336
screening and progress monitoring system under s. 1008.25(9). 337
(b) Public school students receiving part -time instruction 338
by the Florida Virtual School in courses requiring statewide 339
end-of-course assessments must take all statewide end -of-course 340
assessments required pursuant to s. 1008.22. 341
(c) Industry certification examinations, national 342
assessments, and statewide assessments , and international 343
assessments offered by the school district shall be available to 344
all Florida Virtual School students. 345
(d) Unless an alternative testing site is mutually agreed 346
to by the Florida Virtual School and the school district or as 347
contracted under s. 1008.24, all industry certification 348
examinations, national assessments, progress monitoring under s. 349
1008.25(9), and statewide assessments, and international 350
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assessments must be taken at the school to which the student 351
would be assigned according to district school board attendance 352
areas. A school district must provide the student with access to 353
the school's testing facilities , a test administrator, and the 354
date and time of the administration of progress monitoring and 355
each examination or assessment. 356
(11) The Florida Virtual School shall receive a school 357
grade pursuant to s. 1008.34 for students receiving full -time 358
instruction. 359
Section 2. This act shall take effect July 1, 2025. 360