Florida 2025 2025 Regular Session

Florida House Bill H1079 Analysis / Analysis

Filed 03/17/2025

                    STORAGE NAME: h1079.EAS 
DATE: 3/17/2025 
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FLORIDA HOUSE OF REPRESENTATIVES 
BILL ANALYSIS 
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent. 
BILL #: HB 1079 
TITLE: Students Enrolled in Dropout Retrieval Programs 
SPONSOR(S): Botana 
COMPANION BILL: SB 1402 (Yarborough) 
LINKED BILLS: None 
RELATED BILLS: None 
Committee References 
 Education Administration 
 

PreK-12 Budget 
 

Education & Employment 
 
 
SUMMARY 
 
Effect of the Bill: 
For virtual education programs, the bill defines dropout retrieval programs as programs that serve students who 
have officially withdrawn from high school before graduation and who are not engaged in the education system at 
the time of enrollment in the dropout retrieval program. The bill authorizes virtual instruction program providers 
that exclusively provide services as a dropout retrieval program to choose a school improvement rating in lieu of a 
school grade. The bill also excludes dropout retrieval students’ performance data from the student’s home school’s 
grade calculation. 
 
Fiscal or Economic Impact: 
None 
 
 
  
JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
 
ANALYSIS 
EFFECT OF THE BILL: 
For virtual instruction programs, the bill defines a dropout retrieval program as a program serving students who 
have officially withdrawn from high school before graduation and who are not engaged in the education system at 
the time of enrollment. The bill authorizes a virtual instruction program (VIP) provider that exclusively provides 
services as a dropout retrieval program to choose to receive a school improvement rating instead of a school grade. 
(Section 1). 
 
The bill also excludes dropout retrieval students’ performance data from the student’s home school’s grade 
calculation. (Section 2). 
 
The effective date for the bill is July 1, 2025. (Section 3). 
 
RULEMAKING:  
Current law requires the State Board of Education (SBE) to adopt rules to administer VIPs and the school grading 
system. The bill modifies provisions of law already under the SBE’s rulemaking authority, thus allowing the SBE to 
make rules to implement the bill.   
   
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive 
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must 
have a grant of rulemaking authority and a law to implement. 
  JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
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RELEVANT INFORMATION 
SUBJECT OVERVIEW: 
Dropout Prevention and Academic Intervention 
Dropout prevention and academic intervention programs differ from traditional educational programs and schools 
in scheduling, administrative structure, philosophy, curriculum, or setting and must employ alternative teaching 
methodologies, curricula, learning activities, and diagnostic and assessment procedures in order to meet the needs, 
interests, abilities, and talents of eligible students. Dropout prevention and academic intervention are required to 
provide curricula, character development and law education, and related services that support the program goals 
and lead to improved performance in the areas of academic achievement, attendance, and discipline.
1 Educational 
alternative programs, disciplinary programs, dropout retrieval programs, alternative to expulsion programs, 
teenage parent programs, and city and county jail programs are considered dropout prevention programs.
2  
 
Dropout retrieval programs are designed for students who have officially dropped out of school, re-enrolled, and 
are persevering towards graduation with a primary focus on credit recovery and career planning. In the 2023-
2024 school year, 3,095 students at all grade levels participated in a dropout retrieval program and the outcome 
data for students in dropout retrieval programs reveal the following:
3 
 530 (42.6 percent) of 1,244 students in grade 12 graduated with a high school diploma.  
 177 (6.3 percent) of 2,810 students in grades 9-12 dropped out of school.  
 1,851 (59.8 percent) of 3,095 students were promoted to a higher grade.  
 1,825 (59 percent) of 3,095 students missed 10 percent or more school days.  
 No students were suspended for more than 10 days or expelled. 
 
Virtual Instruction Programs 
A VIP is a program of instruction provided in an interactive learning environment created through technology in 
which students are separated from their teachers by time or space, or both.
4 Florida law establishes a variety of 
options to make virtual instruction accessible to K-12 students. These options include: 
 Full-time or part-time enrollment in a school district VIP.
5 
 Full-time enrollment in a virtual charter school.
6 
 Enrollment in individual virtual courses offered by school districts and approved by the Department of 
Education (DOE).
7 
 Full-time and part-time enrollment in Florida Virtual Schools (FLVS) or school district FLVS franchises.
8  
 
The VIP providers that are approved by the DOE must meet the following requirements:
9 
 Align virtual course curriculum and course content to the state academic standards. 
 Offer instruction that is designed to enable a student to gain proficiency in each virtual instruction course 
of study. 
 Provide each student enrolled in the VIP with all the necessary instructional materials. 
 Provide each full-time student enrolled in the VIP who qualifies for free or reduced-price school lunches 
and who does not have a computer or internet access in his or her home with the equipment necessary for 
participants in the VIP. 
 
                                                            
1
 Section 1003.53(1)(a), F.S. 
2
 Florida Department of Education, Dropout Prevention and Academic Intervention Programs 2023-2024 Annual Report, 
available at https://www.fldoe.org/file/5576/2324DropoutPreventReport.pdf.  
3
 Id.  
4
 Section 1002.45(1)(a)3., F.S.  
5
 Section 1002.45, F.S.  
6
 Sections 1002.33(1) and 1002.45(1)(d), F.S.  
7
 Section 1003.498, F.S.  
8
 Section 1002.45(2)(a), F.S.; see also Florida Department of Education, List of Approved Program and Course Providers, List of 
Approved Program and Course Providers (last visited Mar. 17, 2025).  
9
 Section 1002.45(3), F.S.  JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
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Accel Schools East, Connections Education of Florida, LLC, FLVS, Graduation Alliance, Imagine Learning, K12 
Florida, Mater Virtual Academy, Optima Academy Online, and Somerset Virtual Academy are the current DOE-
approved statewide VIP programs.
10  
 
Each approved VIP must participate in the statewide assessment program and receive a school grade or school 
improvement rating.
11 Each statewide VIP provider’s school improvement rating or school grade is based on the 
aggregated assessment scores of all students served by the provider statewide. Additionally, each approved VIP 
provider receives a district grade based upon the aggregated assessment scores of all students served by the VIP 
statewide and a separate school grade for each school district with which it contracts based upon the assessment 
scores of all students served within the school district.
12 
 
School Grades 
School grades are used to explain a school’s performance in a familiar, easy-to-understand manner for parents and 
the public.
13 School grades are also used to determine whether a school must select or implement a turnaround 
option
14 or whether a school is eligible for school recognition funds as appropriated by the Legislature.
15  
 
Elementary, middle and high schools each share a basic model for determining school grades, based on the 
percentage of total points earned by a school for each component in the model. Middle and high school models 
include additional components beyond the basic model. Combination school models include the additional 
components for the grades served (e.g., a school serving grades kindergarten through 12 would include the 
additional components for the middle and high school models). Each school must receive a school grade based on 
the school’s performance in the following components:
16 
 The percentage of eligible students passing statewide, standardized assessments in English Language Arts 
(ELA), mathematics, science, and social studies. 
 The percentage of eligible students who make learning gains in ELA and mathematics as measured by 
statewide, standardized assessments. 
 The percentage of eligible students in the lowest 25 percent in ELA and mathematics, as identified by prior 
year performance on statewide, standardized assessments, who make learning gains as measured by 
statewide, standardized assessments. 
 For schools comprised of grade levels that include grade 3, the percentage of eligible students who score an 
achievement level 3 or higher on the grade 3 statewide, standardized ELA assessment. 
 For schools comprised of middle grades 6 through 8 or grades 7 and 8, the percentage of eligible students 
passing high school level statewide, standardized end-of-course assessments or attaining national industry 
certifications identified in the CAPE Industry Certification Funding List pursuant to State Board of 
Education rule.
17 
 
For a school comprised of grades 9-12, or 10-12, the school’s grade also includes the following components:
18  
 The 4-year high school graduation rate of the school. 
 The percentage of students who were eligible to earn college and career credit in a specified acceleration 
mechanism, who earn a specified industry certification, or who participate in Junior Reserve Officers’ 
Training Corps courses and earn a qualifying score on the Armed Services Vocational Aptitude Battery. 
 
Student performance data for eligible students attending alternative schools that provide dropout prevention and 
academic intervention services is required to be included in the calculation of the student’s home school’s grade.
19 
                                                            
10
 Florida Department of Education, List of Approved Program and Course Providers, available at List of Approved Program and 
Course Providers (last visited Mar. 17, 2025). 
11
 Section 1002.45(7)(a), F.S. 
12
 Section 1002.45(7)(a)2., F.S. 
13
 Section 1008.34(1), F.S.  
14
 Section 1008.33(4), F.S.  
15
 Section 1008.36, F.S. 
16
 Section 1008.34(3)(b), F.S. 
17
 Section 1008.34(3), F.S.; see also r. 6A-1.09981(4)(a)-(c), F.A.C.  
18
 Section 1008.34(3)(b), F.S. 
19
 Section 1008.34(3)(d)1., F.S.   JUMP TO SUMMARY 	ANALYSIS RELEVANT INFORMATION BILL HISTORY 
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School Improvement Ratings for Alternative Schools 
An alternative school, for the purposes of school accountability, is a school that provides dropout prevention and 
academic intervention services. An alternative school may choose to receive a school improvement rating or a 
school grade. School improvement ratings are calculated using student learning gains on statewide, standardized 
ELA and mathematics assessments for all eligible students who are enrolled in the school and who have 
assessment scores or comparable scores for the preceding school year.
20 Schools that improve their ratings by at 
least one level or maintain a “commendable” rating are eligible for school recognition awards.
21 The school 
improvement rating identifies an alternative school as having one of the following ratings:
22 
 Commendable: a significant percentage of the students attending the school are making learning gains. 
 Maintaining: a sufficient percentage of the students attending the school are making learning gains. 
 Unsatisfactory: an insufficient percentage of the students attending the school are making learning gains. 
 
 
RECENT LEGISLATION:  
 
YEAR BILL #  HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION 
2022 CS/HB 5101 Fine 	Appropriations The bill passed the House, died 
in the Senate, and provisions 
were included in SB 2524, 
which took effect on July 1, 
2022.  
 
 
BILL HISTORY 
COMMITTEE REFERENCE ACTION DATE 
STAFF 
DIRECTOR/ 
POLICY CHIEF 
ANALYSIS 
PREPARED BY 
Education Administration 
Subcommittee 
  Sleap Blalock 
PreK-12 Budget Subcommittee    
Education & Employment 
Committee 
         
 
 
 
 
 
 
 
 
  
                                                            
20
 Section 1008.341(3), F.S. 
21
 Section 1008.341(2), F.S. (flush left provisions at the end of the subsection). 
22
 Section 1008.341(2)(a)-(c), F.S.