Florida Senate - 2025 CS for SB 1122 By the Committee on Education Pre-K - 12; and Senator Burton 581-02511-25 20251122c1 1 A bill to be entitled 2 An act relating to the Florida Virtual School; 3 amending s. 1002.37, F.S.; deleting provisions 4 requiring the Florida Virtual School to give priority 5 to certain students; requiring the Florida Virtual 6 School to ensure that parents, in addition to 7 students, are informed of specified information; 8 providing that officers and employees are granted 9 sovereign immunity in addition to the board of 10 trustees; providing that the Florida Virtual School 11 president and chief executive officer may call a 12 meeting of the board of trustees; providing that the 13 board of trustees may fund the education delivery 14 system through supplemental funding in addition to the 15 Florida Education Finance Program; requiring that 16 certain funds be used to support the schools mission; 17 authorizing the Florida Virtual School to accrue 18 supplemental revenue from direct-support 19 organizations; providing that certain expenditures are 20 contingent upon review and approval by the Florida 21 Virtual School president and chief executive officer 22 or authorized designees, rather than the executive 23 director; removing the executive directors 24 authorization to override certain proposed 25 expenditures; requiring, rather than authorizing, 26 specified employees to be state employees for the 27 purpose of being eligible to participate in the 28 Florida Retirement System and to receive benefits; 29 deleting a requirement for the board of trustees to 30 establish priorities for the admission of students; 31 authorizing the board of trustees to enter into 32 contracts with other educational institutions and 33 government agencies; deleting requirements for the 34 board of trustees to establish performance and 35 accountability measures and report performance of 36 school district franchises to the Commissioner of 37 Education; deleting certain requirements relating to 38 an audit report submitted annually by the board of 39 trustees to specified entities; requiring that 40 international assessments offered by the school 41 district be made available to all Florida Virtual 42 School students; requiring that students have access 43 to a test administrator; making technical changes; 44 providing an effective date. 45 46 Be It Enacted by the Legislature of the State of Florida: 47 48 Section 1.Paragraphs (b) and (c) of subsection (1), 49 subsection (2), paragraph (f) of subsection (3), subsections (4) 50 and (7), paragraph (b) of subsection (9), and paragraphs (c) and 51 (d) of subsection (10) of section 1002.37, Florida Statutes, are 52 amended to read: 53 1002.37The Florida Virtual School. 54 (1) 55 (b) The mission of the Florida Virtual School is to 56 provide students with technology-based educational opportunities 57 to gain the knowledge and skills necessary to succeed. The 58 school shall serve all students any student in the state who 59 meet meets the profile for success in this educational delivery 60 context and shall give priority to: 61 1.Students who need expanded access to courses in order to 62 meet their educational goals, such as home education students 63 and students in inner-city and rural high schools who do not 64 have access to higher-level courses. 65 2.Students seeking accelerated access in order to obtain a 66 high school diploma at least one semester early. 67 3.Students who are children of an active duty member of 68 the United States Armed Forces who is not stationed in this 69 state whose home of record or state of legal residence is 70 Florida. 71 (c)To ensure parents and students are informed of the 72 opportunities offered by the Florida Virtual School, the 73 commissioner shall provide the board of trustees of the Florida 74 Virtual School access to the records of public school students 75 in a format prescribed by the board of trustees. 76 77 The board of trustees of the Florida Virtual School shall 78 identify appropriate performance measures and standards based on 79 student achievement that reflect the schools statutory mission 80 and priorities, and shall implement an accountability system for 81 the school that includes assessment of its effectiveness and 82 efficiency in providing quality services that encourage high 83 student achievement, seamless articulation, and maximum access. 84 (2)The Florida Virtual School shall be governed by a board 85 of trustees composed comprised of seven members appointed by the 86 Governor to 4-year staggered terms. The board of trustees shall 87 be a public agency entitled to sovereign immunity pursuant to s. 88 768.28, and board members shall be public officers who shall 89 bear fiduciary responsibility for the Florida Virtual School. 90 The board of trustees shall have the following powers and 91 duties: 92 (a)1.The board of trustees shall meet at least 4 times 93 each year, upon the call of the board chair, or at the request 94 of a majority of the membership, or at the request of the 95 Florida Virtual School president and chief executive officer. 96 2.The fiscal year for the Florida Virtual School is shall 97 be the state fiscal year as provided in s. 216.011(1)(q). 98 (b)The board of trustees shall be responsible for the 99 Florida Virtual Schools development of a state-of-the-art 100 technology-based education delivery system that is cost 101 effective, educationally sound, marketable, and capable of 102 sustaining a self-sufficient delivery system through the Florida 103 Education Finance Program and other supplemental funding 104 sources. 105 (c)The board of trustees shall aggressively seek avenues 106 to generate revenue to support its future endeavors, and shall 107 enter into agreements with distance learning providers. The 108 board of trustees may acquire, enjoy, use, and dispose of 109 patents, copyrights, and trademarks and any licenses and other 110 rights or interests thereunder or therein. Ownership of all such 111 patents, copyrights, trademarks, licenses, and rights or 112 interests thereunder or therein vests shall vest in the state, 113 with the board of trustees having full right of use and full 114 right to retain the revenues derived therefrom. Any funds 115 realized from patents, copyrights, trademarks, or licenses are 116 shall be considered internal funds as provided in s. 1011.07. 117 Such funds must shall be used to support the schools mission, 118 marketing, and research, and development activities in order to 119 improve courseware and services to its students. 120 (d)The board of trustees shall be responsible for the 121 administration and control of all local school funds derived 122 from all activities or sources and shall prescribe the 123 principles and procedures to be followed in administering these 124 funds. 125 (e)The Florida Virtual School may accrue supplemental 126 revenue from direct-support organizations and supplemental 127 support organizations, which include, but are not limited to, 128 alumni associations, foundations, parent-teacher associations, 129 and booster associations. The governing body of each direct 130 support and supplemental support organization shall recommend 131 the expenditure of moneys collected by the organization for the 132 benefit of the school. Such expenditures are shall be contingent 133 upon the review and approval of the Florida Virtual School 134 president and chief executive officer or authorized designees 135 executive director. The executive director may override any 136 proposed expenditure of the organization that would violate 137 Florida law or breach sound educational management. 138 (f)In accordance with law and rules of the State Board of 139 Education, the board of trustees shall administer and maintain 140 personnel programs for all employees of the board of trustees 141 and the Florida Virtual School. The board of trustees may adopt 142 rules, policies, and procedures related to the appointment, 143 employment, and removal of personnel. 144 1.The board of trustees shall determine the compensation, 145 including salaries and fringe benefits, and other conditions of 146 employment for such personnel. 147 2.The board of trustees may establish and maintain a 148 personnel loan or exchange program by which persons employed by 149 the board of trustees for the Florida Virtual School as academic 150 administrative and instructional staff may be loaned to, or 151 exchanged with persons employed in like capacities by, public 152 agencies either within or without this state, or by private 153 industry. With respect to public agency employees, the program 154 authorized by this subparagraph must shall be consistent with 155 the requirements of part II of chapter 112. The salary and 156 benefits of board of trustees personnel participating in the 157 loan or exchange program must shall be continued during the 158 period of time they participate in a loan or exchange program, 159 and such personnel are shall be deemed to have no break in 160 creditable or continuous service or employment during such time. 161 The salary and benefits of persons participating in the 162 personnel loan or exchange program who are employed by public 163 agencies or private industry must shall be paid by the 164 originating employers of those participants, and such personnel 165 are shall be deemed to have no break in creditable or continuous 166 service or employment during such time. 167 3.The employment of all Florida Virtual School academic 168 administrative and instructional personnel or educational 169 support employees as those terms are defined in s. 1012.01(3), 170 (2), or (6), respectively, is shall be subject to rejection for 171 cause by the board of trustees, and shall be subject to policies 172 of the board of trustees relative to certification, tenure, 173 leaves of absence, sabbaticals, remuneration, and such other 174 conditions of employment as the board of trustees deems 175 necessary and proper, not inconsistent with law. 176 4.Each person employed by the board of trustees in an 177 academic administrative or instructional capacity with the 178 Florida Virtual School is shall be entitled to a contract as 179 provided by policies rules of the board of trustees. 180 5.All employees except temporary, seasonal, and student 181 employees shall may be state employees for the purpose of being 182 eligible to participate in the Florida Retirement System and 183 receive benefits. The classification and pay plan, including 184 terminal leave and other benefits, and any amendments thereto, 185 are shall be subject to review and approval by the Department of 186 Management Services and the Executive Office of the Governor 187 prior to adoption. 188 (g)The board of trustees shall establish priorities for 189 admission of students in accordance with paragraph (1)(b). 190 (h)The board of trustees shall establish and distribute to 191 all school districts and high schools in this the state 192 procedures for enrollment of students in courses offered by the 193 Florida Virtual School. 194 (h)(i)The board of trustees shall establish criteria 195 defining the elements of an approved franchise. The board of 196 trustees may enter into contracts and franchise agreements with 197 Florida district school boards or other educational institutions 198 and government agencies and may establish the terms and 199 conditions governing such agreements. The board of trustees 200 shall establish the performance and accountability measures and 201 report the performance of each school district franchise to the 202 Commissioner of Education. 203 (i)(j)The board of trustees shall submit to the State 204 Board of Education both forecasted and actual enrollments and 205 credit completions for the Florida Virtual School, according to 206 procedures established by the State Board of Education. At a 207 minimum, such procedures must include the number of public, 208 private, and home education students served by program and by 209 county of residence. 210 (j)(k)The board of trustees shall provide for the content 211 and custody of student and employee personnel records. Student 212 records are shall be subject to the provisions of s. 1002.22. 213 Employee records are shall be subject to the provisions of s. 214 1012.31. 215 (k)(l)The financial records and accounts of the Florida 216 Virtual School must shall be maintained under the direction of 217 the board of trustees and under rules adopted by the State Board 218 of Education for the uniform system of financial records and 219 accounts for the schools of this the state. 220 221 The Governor shall designate the initial chair of the board of 222 trustees to serve a term of 4 years. Members of the board of 223 trustees shall serve without compensation, but may be reimbursed 224 for per diem and travel expenses pursuant to s. 112.061. The 225 board of trustees shall be a body corporate with all the powers 226 of a body corporate and such authority as is needed for the 227 proper operation and improvement of the Florida Virtual School. 228 The board of trustees is specifically authorized to adopt rules, 229 policies, and procedures, consistent with law and rules of the 230 State Board of Education related to governance, personnel, 231 budget and finance, administration, programs, curriculum and 232 instruction, travel and purchasing, technology, students, 233 contracts and grants, and property as necessary for optimal, 234 efficient operation of the Florida Virtual School. Tangible 235 personal property owned by the board of trustees is shall be 236 subject to the provisions of chapter 273. 237 (3)Funding for the Florida Virtual School shall be 238 provided as follows: 239 (f)The Florida Virtual School shall receive state funds 240 for operating purposes as provided in the General Appropriations 241 Act. The calculation to determine the amount of state funds 242 includes: the sum of the basic amount for current operations 243 established in s. 1011.62(1)(s), the discretionary millage 244 compression supplement established in s. 1011.62(5), the state 245 funded discretionary contribution established in s. 1011.62(6), 246 a per-full-time equivalent share of the exceptional student 247 education guaranteed allocation established in s. 1011.62(8), 248 and the mental health assistance allocation established in s. 249 1011.62(13). 250 (4)School districts operating a virtual school that is an 251 approved franchise of the Florida Virtual School may count full 252 time equivalent students, as provided in paragraph (3)(a), if 253 such school has been certified as an approved franchise by the 254 Commissioner of Education based on criteria established by the 255 board of trustees pursuant to paragraph (2)(h) (2)(i). 256 (7)The board of trustees shall annually submit to the 257 Governor, the Legislature, the Commissioner of Education, and 258 the State Board of Education the audit report prepared pursuant 259 to subsection (6) and a complete and detailed report setting 260 forth: 261 (a)the operations and accomplishments of the Florida 262 Virtual School within the state and those occurring outside the 263 state as Florida Virtual School Global. 264 (b)The marketing and operational plan for the Florida 265 Virtual School and Florida Virtual School Global, including 266 recommendations regarding methods for improving the delivery of 267 education through the Internet and other distance learning 268 technology. 269 (c)The assets and liabilities of the Florida Virtual 270 School and Florida Virtual School Global at the end of the 271 fiscal year. 272 (d)Recommendations regarding the unit cost of providing 273 services to students through the Florida Virtual School and 274 Florida Virtual School Global. In order to most effectively 275 develop public policy regarding any future funding of the 276 Florida Virtual School, it is imperative that the cost of the 277 program is accurately identified. The identified cost of the 278 program must be based on reliable data. 279 (e)Recommendations regarding an accountability mechanism 280 to assess the effectiveness of the services provided by the 281 Florida Virtual School and Florida Virtual School Global. 282 (9) 283 (b)For students receiving full-time or part-time 284 instruction in kindergarten through grade 12 5 and students 285 receiving full-time instruction in kindergarten through grade 12 286 from the Florida Virtual School, the full-time equivalent 287 student enrollment calculated under this subsection is subject 288 to the requirements in s. 1011.61(4). 289 (10) 290 (c)Industry certification examinations, national 291 assessments, and statewide assessments, and international 292 assessments offered by the school district must shall be 293 available to all Florida Virtual School students. 294 (d)Unless an alternative testing site is mutually agreed 295 to by the Florida Virtual School and the school district or as 296 contracted under s. 1008.24, all industry certification 297 examinations, national assessments, progress monitoring under s. 298 1008.25(9), and statewide assessments, and international 299 assessments must be taken at the school to which the student 300 would be assigned according to district school board attendance 301 areas. A school district shall must provide the student with 302 access to the schools testing facilities, a test administrator, 303 and the date and time of the administration of progress 304 monitoring and each examination or assessment. 305 Section 2.This act shall take effect July 1, 2025.