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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to 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; removing 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
removing 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; defining the terms 23
"administrative personnel" and "instructional 24
personnel"; providing that certain employees are 25
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considered state employees for specified purposes; 26
authorizing the school to enter into contracts and 27
franchise agreements with other educational 28
institutions and governmental agencies; revising 29
specified reporting requirements; requiring certain 30
international assessments be available to Florida 31
Virtual School students; requiring school districts to 32
provide Florida Virtual School students with access to 33
test administrators; providing an effective date. 34
35
Be It Enacted by the Legislature of the State of Florida: 36
37
Section 1. Subsections (1), (2), (4), (7), (9), and (10) 38
of section 1002.37, Florida Statutes, are amended to read: 39
1002.37 The Florida Virtual School. — 40
(1)(a) The Florida Virtual School is established for the 41
development and delivery of online and distance learning 42
education. The Commissioner of Education shall m onitor the 43
school's performance and report its performance to the State 44
Board of Education and the Legislature. 45
(b) The mission of the Florida Virtual School is to 46
provide students with technology -based educational opportunities 47
to gain the knowledge and skills necessary to succeed. The 48
school shall serve all students any student in the state who 49
meet meets the profile for success in this educational delivery 50
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context. and shall give priority to: 51
1. Students who need expanded access to courses in order 52
to meet their educational goals, such as home education students 53
and students in inner -city and rural high schools who do not 54
have access to higher -level courses. 55
2. Students seeking accelerated access in order to obtain 56
a high school diploma at least one semester early. 57
3. Students who are children of an active duty member of 58
the United States Armed Forces who is not stationed in this 59
state whose home of record or state of legal residence is 60
Florida. 61
(c) To ensure parents and students are informed of the 62
opportunities offered by the Florida Virtual School, the 63
commissioner shall provide the board of trustees of the Florida 64
Virtual School access to the records of public school students 65
in a format prescribed by the board of trustees. 66
67
The board of trustees of the Florida Virtual School shall 68
identify appropriate performance measures and standards based on 69
student achievement that reflect the school's statutory mission 70
and priorities, and shall implement an accountability system for 71
the school that includ es assessment of its effectiveness and 72
efficiency in providing quality services that encourage high 73
student achievement, seamless articulation, and maximum access. 74
(2) The Florida Virtual School shall be governed by a 75
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board of trustees comprised of seven members appointed by the 76
Governor to 4-year staggered terms. The board of trustees shall 77
be a public agency entitled to sovereign immunity pursuant to s. 78
768.28, and board members shall be public officers who shall 79
bear fiduciary responsibility for the Fl orida Virtual School. 80
The board of trustees shall have the following powers and 81
duties: 82
(a)1. The board of trustees shall meet at least 4 times 83
each year, upon the call of the board chair, or at the request 84
of a majority of the board membership, or at the request of the 85
Florida Virtual School president and chief executive officer . 86
2. The fiscal year for the Florida Virtual School shall be 87
the state fiscal year as provided in s. 216.011(1)(q). 88
(b) The board of trustees shall be responsible for the 89
Florida Virtual School's development of a state -of-the-art 90
technology-based education delivery system that is cost -91
effective, educationally sound, marketable, and capable of 92
sustaining a self-sufficient delivery system through the Florida 93
Education Finance Program and other supplemental funding 94
sources. 95
(c) The board of trustees shall aggressively seek avenues 96
to generate revenue to support its future endeavors, and shall 97
enter into agreements with d istance learning providers. The 98
board of trustees may acquire, enjoy, use, and dispose of 99
patents, copyrights, and trademarks and any licenses and other 100
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rights or interests thereunder or therein. Ownership of all such 101
patents, copyrights, trademarks, licen ses, and rights or 102
interests thereunder or therein shall vest in the state, with 103
the board of trustees having full right of use and full right to 104
retain the revenues derived therefrom. Any funds realized from 105
patents, copyrights, trademarks, or licenses sh all be considered 106
internal funds as provided in s. 1011.07 . Such funds shall be 107
used to support the school's mission and its marketing, and 108
research, and development activities in order to improve 109
courseware and services to its students. 110
(d) The board of trustees shall be responsible for the 111
administration and control of all local school funds derived 112
from all activities or sources and shall prescribe the 113
principles and policies procedures to be followed in 114
administering these funds. 115
(e) The Florida Vir tual School may accrue supplemental 116
revenue from direct-support organizations and supplemental 117
support organizations, which include, but are not limited to, 118
alumni associations, foundations, parent -teacher associations, 119
and booster associations. The govern ing body of each direct-120
support organization and supplemental support organization shall 121
recommend the expenditure of moneys collected by the 122
organization for the benefit of the school. Such expenditures 123
shall be contingent upon the review and approval of the Florida 124
Virtual School president and chief executive officer or an 125
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authorized designee director. The executive director may 126
override any proposed expenditure of the organization that would 127
violate Florida law or breach sound educational management. 128
(f) In accordance with law and rules of the State Board of 129
Education, the board of trustees shall administer and maintain 130
personnel programs for all employees of the board of trustees 131
and the Florida Virtual School. The board of trustees may adopt 132
rules, policies, and procedures related to the appointment, 133
employment, and removal of personnel. 134
1. The board of trustees shall determine the compensation, 135
including salaries and fringe benefits, and other conditions of 136
employment for such personnel. 137
2. The board of trustees may establish and maintain a 138
personnel loan or exchange program by which persons employed by 139
the board of trustees for the Florida Virtual School as academic 140
administrative and instructional staff may be loaned to, or 141
exchanged with persons employed in like capacities by, public 142
agencies either within or without this state, or by private 143
industry. With respect to public agency employees, the program 144
authorized by this subparagraph shall be consistent with the 145
requirements of part II of chapt er 112. The salary and benefits 146
of board of trustees personnel participating in the loan or 147
exchange program shall be continued during the period of time 148
they participate in a loan or exchange program, and such 149
personnel shall be deemed to have no break in creditable or 150
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continuous service or employment during such time. The salary 151
and benefits of persons participating in the personnel loan or 152
exchange program who are employed by public agencies or private 153
industry shall be paid by the originating employers of those 154
participants, and such personnel shall be deemed to have no 155
break in creditable or continuous service or employment during 156
such time. 157
3. The employment of all Florida Virtual School academic 158
administrative personnel as defined in s. 1012.01(3) and 159
instructional personnel as defined in s. 1012.01(2) shall be 160
subject to rejection for cause by the board of trustees, and 161
shall be subject to policies of the board of trustees relative 162
to certification, tenure, leaves of absence, sabbaticals, 163
remuneration, and such other conditions of employment as the 164
board of trustees deems necessary and proper, not inconsistent 165
with law. 166
4. Each person employed by the board of trustees in an 167
academic administrative or instructional capacity with the 168
Florida Virtual School shall be entitled to a contract as 169
provided by policies rules of the board of trustees. 170
5. All employees except temporary, seasonal, and student 171
employees shall may be state employees for the purpose of being 172
eligible to participate in the Florida Retirement System and 173
receive benefits. The classification and pay plan, including 174
terminal leave and other benefits, and any amendments thereto, 175
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shall be subject to review and approval by the Department of 176
Management Services and the Executive Office of the Governor 177
before prior to adoption. 178
(g) The board of trustees shall establish priorities for 179
admission of students in accordance with paragraph (1)(b). 180
(g)(h) The board of trustees s hall establish and 181
distribute to all school districts and high schools in the state 182
procedures for enrollment of students in courses offered by the 183
Florida Virtual School. 184
(h)(i) The board of trustees shall establish criteria 185
defining the elements of an approved franchise. The board of 186
trustees may enter into contracts and franchise agreements with 187
Florida district school boards and other educational 188
institutions and governmental agencies and may establish the 189
terms and conditions governing such contracts and agreements. 190
The board of trustees shall establish the performance and 191
accountability measures and report the performance of each 192
school district franchise to the Commissioner of Education. 193
(i)(j) The board of trustees shall submit to the State 194
Board of Education both forecasted and actual enrollments and 195
credit completions for the Florida Virtual School, according to 196
procedures established by the State Board of Education. At a 197
minimum, such procedures must include the number of public, 198
private, and home education students served by program and by 199
county of residence. 200
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(j)(k) The board of trustees shall provide for the content 201
and custody of student and employee personnel records. Student 202
records shall be subject to the provisions of s. 1002.22. 203
Employee records shall be subject to the provisions of s. 204
1012.31. 205
(k)(l) The financial records and accounts of the Florida 206
Virtual School shall be maintained under the direction of the 207
board of trustees and under rules adopted by the State Board of 208
Education for the uniform system of financial records and 209
accounts for the schools of the state. 210
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The Governor shall designate the initial chair of the board of 212
trustees to serve a term of 4 years. Members of the board of 213
trustees shall serve without compensation, but may be reimbursed 214
for per diem and travel expenses pursuant to s. 112.061. The 215
board of trustees shall be a body corporate with all the powers 216
of a body corporate and such authority as is needed for the 217
proper operation and improvement of the Florida V irtual School. 218
The board of trustees is specifically authorized to adopt rules, 219
policies, and procedures, consistent with law and rules of the 220
State Board of Education related to governance, personnel, 221
budget and finance, administration, programs, curricul um and 222
instruction, travel and purchasing, technology, students, 223
contracts and grants, and property as necessary for optimal, 224
efficient operation of the Florida Virtual School. Tangible 225
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personal property owned by the board of trustees shall be 226
subject to the provisions of chapter 273. 227
(4) School districts operating a virtual school that is an 228
approved franchise of the Florida Virtual School may count full -229
time equivalent students, as provided in paragraph (3)(a), if 230
such school has been certified as an ap proved franchise by the 231
Commissioner of Education based on criteria established by the 232
board of trustees pursuant to paragraph (2)(h) (2)(i). 233
(7) The board of trustees shall annually submit to the 234
Governor, the Legislature, the Commissioner of Education, and 235
the State Board of Education the audit report prepared pursuant 236
to subsection (6) and a complete and detailed report setting 237
forth: 238
(a) the operations and accomplishments of the Florida 239
Virtual School within the state and those occurring outside the 240
state as Florida Virtual School Global . 241
(b) The marketing and operational plan for the Florida 242
Virtual School and Florida Virtual School Global, including 243
recommendations regarding methods for improving the delivery of 244
education through the Internet and other distance learning 245
technology. 246
(c) The assets and liabilities of the Florida Virtual 247
School and Florida Virtual School Global at the end of the 248
fiscal year. 249
(d) Recommendations regarding the unit cost of providing 250
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services to students through the Florida Virtual School and 251
Florida Virtual School Global. In order to most effectively 252
develop public policy regarding any future funding of the 253
Florida Virtual School, it is imperative that the cost of the 254
program is accurately identified. The identified cost of the 255
program must be based on reliable data. 256
(e) Recommendations regarding an accountability mechanism 257
to assess the effectiveness of the services provided by the 258
Florida Virtual School and Florida Virtual School Global. 259
(9)(a) The Florida Virt ual School may provide full -time 260
and part-time instruction for students in kindergarten through 261
grade 12. 262
(b) For students receiving part -time or full-time 263
instruction in kindergarten through grade 12 5 and students 264
receiving full-time instruction in kin dergarten through grade 12 265
from the Florida Virtual School, the full -time equivalent 266
student enrollment calculated under this subsection is subject 267
to the requirements in s. 1011.61(4). 268
(10)(a) Public school students receiving full -time 269
instruction in kindergarten through grade 12 by the Florida 270
Virtual School must take all statewide assessments required 271
pursuant to s. 1008.22 and participate in the coordinated 272
screening and progress monitoring system under s. 1008.25(9). 273
(b) Public school students receiving part -time instruction 274
by the Florida Virtual School in courses requiring statewide 275
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end-of-course assessments must take all statewide end -of-course 276
assessments required pursuant to s. 1008.22. 277
(c) Industry certificati on examinations, national 278
assessments, and statewide assessments , and international 279
assessments offered by the school district shall be available to 280
all Florida Virtual School students. 281
(d) Unless an alternative testing site is mutually agreed 282
to by the Florida Virtual School and the school district or as 283
contracted under s. 1008.24, all industry certification 284
examinations, national assessments, progress monitoring under s. 285
1008.25(9), and statewide assessments , and international 286
assessments must be taken at the school to which the student 287
would be assigned according to district school board attendance 288
areas. A school district must provide the student with access to 289
the school's testing facilities , a test administrator, and the 290
date and time of the adminis tration of progress monitoring and 291
each examination or assessment. 292
Section 2. This act shall take effect July 1, 2025. 293