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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, and educational support 23
employees; providing that certain employees are 24
considered state employees for specified purposes; 25
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authorizing the school to enter into contracts and 26
franchise agreements with other educational 27
institutions and governmental agencies; revising 28
specified reporting requirements; requiring certain 29
international assessments be available to Florida 30
Virtual School students; requiring school districts to 31
provide Florida Virtua l School students with access to 32
test administrators; providing an effective date. 33
34
Be It Enacted by the Legislature of the State of Florida: 35
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Section 1. Subsections (1), (2), (4), (7), (9), and (10) 37
of section 1002.37, Florida Statutes, are amende d to read: 38
1002.37 The Florida Virtual School. — 39
(1)(a) The Florida Virtual School is established for the 40
development and delivery of online and distance learning 41
education. The Commissioner of Education shall monitor the 42
school's performance and report its performance to the State 43
Board of Education and the Legislature. 44
(b) The mission of the Florida Virtual School is to 45
provide students with technology -based educational opportunities 46
to gain the knowledge and skills necessary to succeed. The 47
school shall serve all students any student in the state who 48
meet meets the profile for success in this educational delivery 49
context. and shall give priority to: 50
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1. Students who need expanded access to courses in order 51
to meet their educational goals, such as ho me education students 52
and students in inner -city and rural high schools who do not 53
have access to higher -level courses. 54
2. Students seeking accelerated access in order to obtain 55
a high school diploma at least one semester early. 56
3. Students who are chi ldren of an active duty member of 57
the United States Armed Forces who is not stationed in this 58
state whose home of record or state of legal residence is 59
Florida. 60
(c) To ensure parents and students are informed of the 61
opportunities offered by the Florida V irtual School, the 62
commissioner shall provide the board of trustees of the Florida 63
Virtual School access to the records of public school students 64
in a format prescribed by the board of trustees. 65
66
The board of trustees of the Florida Virtual School shall 67
identify appropriate performance measures and standards based on 68
student achievement that reflect the school's statutory mission 69
and priorities, and shall implement an accountability system for 70
the school that includes assessment of its effectiveness and 71
efficiency in providing quality services that encourage high 72
student achievement, seamless articulation, and maximum access. 73
(2) The Florida Virtual School shall be governed by a 74
board of trustees comprised of seven members appointed by the 75
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Governor to 4-year staggered terms. The board of trustees shall 76
be a public agency entitled to sovereign immunity pursuant to s. 77
768.28, and board members shall be public officers who shall 78
bear fiduciary responsibility for the Florida Virtual School. 79
The board of trustee s shall have the following powers and 80
duties: 81
(a)1. The board of trustees shall meet at least 4 times 82
each year, upon the call of the board chair, or at the request 83
of a majority of the board membership, or at the request of the 84
Florida Virtual School pr esident and chief executive officer . 85
2. The fiscal year for the Florida Virtual School shall be 86
the state fiscal year as provided in s. 216.011(1)(q). 87
(b) The board of trustees shall be responsible for the 88
Florida Virtual School's development of a state -of-the-art 89
technology-based education delivery system that is cost -90
effective, educationally sound, marketable, and capable of 91
sustaining a self-sufficient delivery system through the Florida 92
Education Finance Program and other supplemental funding 93
sources. 94
(c) The board of trustees shall aggressively seek avenues 95
to generate revenue to support its future endeavors, and shall 96
enter into agreements with d istance learning providers. The 97
board of trustees may acquire, enjoy, use, and dispose of 98
patents, copyrights, and trademarks and any licenses and other 99
rights or interests thereunder or therein. Ownership of all such 100
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patents, copyrights, trademarks, licen ses, and rights or 101
interests thereunder or therein shall vest in the state, with 102
the board of trustees having full right of use and full right to 103
retain the revenues derived therefrom. Any funds realized from 104
patents, copyrights, trademarks, or licenses sh all be considered 105
internal funds as provided in s. 1011.07 . Such funds shall be 106
used to support the school's mission and its marketing, and 107
research, and development activities in order to improve 108
courseware and services to its students. 109
(d) The board of trustees shall be responsible for the 110
administration and control of all local school funds derived 111
from all activities or sources and shall prescribe the 112
principles and policies procedures to be followed in 113
administering these funds. 114
(e) The Florida Vir tual School may accrue supplemental 115
revenue from direct-support organizations and supplemental 116
support organizations, which include, but are not limited to, 117
alumni associations, foundations, parent -teacher associations, 118
and booster associations. The govern ing body of each direct-119
support organization and supplemental support organization shall 120
recommend the expenditure of moneys collected by the 121
organization for the benefit of the school. Such expenditures 122
shall be contingent upon the review and approval of the Florida 123
Virtual School president and chief executive officer or an 124
authorized designee director. The executive director may 125
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override any proposed expenditure of the organization that would 126
violate Florida law or breach sound educational management. 127
(f) In accordance with law and rules of the State Board of 128
Education, the board of trustees shall administer and maintain 129
personnel programs for all employees of the board of trustees 130
and the Florida Virtual School. The board of trustees may adopt 131
rules, policies, and procedures related to the appointment, 132
employment, and removal of personnel. 133
1. The board of trustees shall determine the compensation, 134
including salaries and fringe benefits, and other conditions of 135
employment for such personnel. 136
2. The board of trustees may establish and maintain a 137
personnel loan or exchange program by which persons employed by 138
the board of trustees for the Florida Virtual School as academic 139
administrative and instructional staff may be loaned to, or 140
exchanged with persons employed in like capacities by, public 141
agencies either within or without this state, or by private 142
industry. With respect to public agency employees, the program 143
authorized by this subparagraph shall be consistent with the 144
requirements of part II of chapt er 112. The salary and benefits 145
of board of trustees personnel participating in the loan or 146
exchange program shall be continued during the period of time 147
they participate in a loan or exchange program, and such 148
personnel shall be deemed to have no break in creditable or 149
continuous service or employment during such time. The salary 150
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and benefits of persons participating in the personnel loan or 151
exchange program who are employed by public agencies or private 152
industry shall be paid by the originating employers of those 153
participants, and such personnel shall be deemed to have no 154
break in creditable or continuous service or employment during 155
such time. 156
3. The employment of all Florida Virtual School academic 157
administrative and instructional personnel or educational 158
support employees as those terms are defined in s. 1012.01(3), 159
(2), or (6), respectively, is shall be subject to rejection for 160
cause by the board of trustees, and shall be subject to policies 161
of the board of trustees relative to certification, tenure, 162
leaves of absence, sabbaticals, remuneration, and such other 163
conditions of employment as the board of trustees deems 164
necessary and proper, not inconsistent with law. 165
4. Each person employed by the board of trustees in an 166
academic administrative or instru ctional capacity with the 167
Florida Virtual School shall be entitled to a contract as 168
provided by policies rules of the board of trustees. 169
5. All employees except temporary, seasonal, and student 170
employees shall may be state employees for the purpose of being 171
eligible to participate in the Florida Retirement System and 172
receive benefits. The classification and pay plan, including 173
terminal leave and other benefits, and any amendments thereto, 174
shall be subject to review and approval by the Department of 175
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Management Services and the Executive Office of the Governor 176
before prior to adoption. 177
(g) The board of trustees shall establish priorities for 178
admission of students in accordance with paragraph (1)(b). 179
(g)(h) The board of trustees shall establish and 180
distribute to all school districts and high schools in the state 181
procedures for enrollment of students in courses offered by the 182
Florida Virtual School. 183
(h)(i) The board of trustees shall establish criteria 184
defining the elements of an approved franchise. The board of 185
trustees may enter into contracts and franchise agreements with 186
Florida district school boards and other educational 187
institutions and governmental agencies and may establish the 188
terms and conditions governin g such contracts and agreements. 189
The board of trustees shall establish the performance and 190
accountability measures and report the performance of each 191
school district franchise to the Commissioner of Education. 192
(i)(j) The board of trustees shall submit to the State 193
Board of Education both forecasted and actual enrollments and 194
credit completions for the Florida Virtual School, according to 195
procedures established by the State Board of Education. At a 196
minimum, such procedures must include the number of public , 197
private, and home education students served by program and by 198
county of residence. 199
(j)(k) The board of trustees shall provide for the content 200
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and custody of student and employee personnel records. Student 201
records shall be subject to the provisions of s. 1002.22. 202
Employee records shall be subject to the provisions of s. 203
1012.31. 204
(k)(l) The financial records and accounts of the Florida 205
Virtual School shall be maintained under the direction of the 206
board of trustees and under rules adopted by the State Bo ard of 207
Education for the uniform system of financial records and 208
accounts for the schools of the state. 209
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The Governor shall designate the initial chair of the board of 211
trustees to serve a term of 4 years. Members of the board of 212
trustees shall serve withou t compensation, but may be reimbursed 213
for per diem and travel expenses pursuant to s. 112.061. The 214
board of trustees shall be a body corporate with all the powers 215
of a body corporate and such authority as is needed for the 216
proper operation and improvement of the Florida Virtual School. 217
The board of trustees is specifically authorized to adopt rules, 218
policies, and procedures, consistent with law and rules of the 219
State Board of Education related to governance, personnel, 220
budget and finance, administration, pr ograms, curriculum and 221
instruction, travel and purchasing, technology, students, 222
contracts and grants, and property as necessary for optimal, 223
efficient operation of the Florida Virtual School. Tangible 224
personal property owned by the board of trustees shall be 225
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subject to the provisions of chapter 273. 226
(4) School districts operating a virtual school that is an 227
approved franchise of the Florida Virtual School may count full -228
time equivalent students, as provided in paragraph (3)(a), if 229
such school has been ce rtified as an approved franchise by the 230
Commissioner of Education based on criteria established by the 231
board of trustees pursuant to paragraph (2)(h) (2)(i). 232
(7) The board of trustees shall annually submit to the 233
Governor, the Legislature, the Commission er of Education, and 234
the State Board of Education the audit report prepared pursuant 235
to subsection (6) and a complete and detailed report setting 236
forth: 237
(a) the operations and accomplishments of the Florida 238
Virtual School within the state and those occur ring outside the 239
state as Florida Virtual School Global . 240
(b) The marketing and operational plan for the Florida 241
Virtual School and Florida Virtual School Global, including 242
recommendations regarding methods for improving the delivery of 243
education through the Internet and other distance learning 244
technology. 245
(c) The assets and liabilities of the Florida Virtual 246
School and Florida Virtual School Global at the end of the 247
fiscal year. 248
(d) Recommendations regarding the unit cost of providing 249
services to students through the Florida Virtual School and 250
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Florida Virtual School Global. In order to most effectively 251
develop public policy regarding any future funding of the 252
Florida Virtual School, it is imperative that the cost of the 253
program is accurately identified . The identified cost of the 254
program must be based on reliable data. 255
(e) Recommendations regarding an accountability mechanism 256
to assess the effectiveness of the services provided by the 257
Florida Virtual School and Florida Virtual School Global. 258
(9)(a) The Florida Virtual School may provide full -time 259
and part-time instruction for students in kindergarten through 260
grade 12. 261
(b) For students receiving part -time or full-time 262
instruction in kindergarten through grade 12 5 and students 263
receiving full-time instruction in kindergarten through grade 12 264
from the Florida Virtual School, the full -time equivalent 265
student enrollment calculated under this subsection is subject 266
to the requirements in s. 1011.61(4). 267
(10)(a) Public school students receiving full -time 268
instruction in kindergarten through grade 12 by the Florida 269
Virtual School must take all statewide assessments required 270
pursuant to s. 1008.22 and participate in the coordinated 271
screening and progress monitoring system under s. 1008.25(9). 272
(b) Public school students receiving part -time instruction 273
by the Florida Virtual School in courses requiring statewide 274
end-of-course assessments must take all statewide end -of-course 275
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assessments required pursuant to s. 1008.22. 276
(c) Industry certificati on examinations, national 277
assessments, and statewide assessments , and international 278
assessments offered by the school district shall be available to 279
all Florida Virtual School students. 280
(d) Unless an alternative testing site is mutually agreed 281
to by the Florida Virtual School and the school district or as 282
contracted under s. 1008.24, all industry certification 283
examinations, national assessments, progress monitoring under s. 284
1008.25(9), and statewide assessments , and international 285
assessments must be taken at the school to which the student 286
would be assigned according to district school board attendance 287
areas. A school district must provide the student with access to 288
the school's testing facilities , a test administrator, and the 289
date and time of the adminis tration of progress monitoring and 290
each examination or assessment. 291
Section 2. This act shall take effect July 1, 2025. 292