The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Education Pre-K -12
BILL: SB 1402
INTRODUCER: Senator Yarborough
SUBJECT: Students Enrolled in Dropout Retrieval Programs
DATE: March 14, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Palazesi Bouck ED Pre-meeting
2. AED
3. FP
I. Summary:
SB 1402 defines dropout retrieval programs as programs that serve students who have officially
withdrawn from high school and were not engaged in the education system at the time of
enrollment in the dropout retrieval program.
The bill authorizes virtual instruction providers who are designated 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.
This act takes effect July 1, 2025.
II. Present Situation:
Virtual Instruction Programs
A virtual instruction program (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.
1
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 virtual instruction program;
2
• Full-time enrollment in a virtual charter school;
3
• Enrollment in individual virtual courses offered by school districts and approved by the
Department of Education (DOE);
4
and
1
Section 1002.45(1)(a)3., F.S.
2
Section 1002.45, F.S.
3
Sections 1002.33(1) and 1002.45(1)(d), F.S.
4
Section 1003.498, F.S.
REVISED: BILL: SB 1402 Page 2
• Full-time and part-time enrollment in Florida Virtual Schools (FLVS) or school district
FLVS franchises.
5
The VIP providers that are approved by the DOE must meet the following requirements:
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• 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 virtual instruction program with all the necessary
instructional materials.
• Provide each full-time student enrolled in the virtual instruction program 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 virtual
instruction program.
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.
7
Each approved VIP must participate in the statewide assessment program and receive a school
grade or school improvement rating.
8
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 virtual instruction program 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.
9
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.
10
Educational alternative programs, disciplinary programs, dropout
5
Section 1002.45(2)(a), F.S.; see also Florida Department of Education, List of Approved Program and Course Providers,
https://www.fldoe.org/schools/school-choice/virtual-edu/provider-resources/approved-providers/ (last visited
March 11, 2025).
6
Section 1002.45(3) F.S.
7
Florida Department of Education, List of Approved Program and Course Providers, available at
https://www.fldoe.org/schools/school-choice/virtual-edu/provider-resources/approved-providers/ (last visited
March 11, 2025).
8
Section 1002.45(7)(a)1.2., F.S.
9
Section 1002.45(7)(a)2., F.S.
10
Section 1003.53(1)(a), F.S. BILL: SB 1402 Page 3
retrieval programs, alternative to expulsion programs, teenage parent programs, and city and
county jail programs are considered dropout prevention programs.
11
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.
12
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:
13
• 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; and
• No students were suspended for more than ten days or expelled.
School Grades
School grades are used to explain a school’s performance in a familiar, easy-to-understand
manner for parents and the public.
14
School grades are also used to determine whether a school
must select or implement a turnaround option
15
or whether a school is eligible for school
recognition funds as appropriated by the Legislature.
16
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 k-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:
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• The percentage of eligible students passing statewide, standardized assessments in 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 ELA 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.
11
Florida Department of Education, Dropout Prevention and Academic Intervention Programs 2023-2024 Annual Report,
available at https://www.fldoe.org/file/5576/2324DropoutPreventReport.pdf.
12
Id.
13
Florida Department of Education, Dropout Prevention and Academic Intervention Programs 2023-2024 Annual Report,
available at https://www.fldoe.org/file/5576/2324DropoutPreventReport.pdf.
14
Section 1008.34(1), F.S.
15
Section 1008.33(4), F.S.
16
Section 1008.36, F.S.
17
Section 1008.34(3)(b), F.S. BILL: SB 1402 Page 4
• 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 SBE rule.
18
For a school comprised of grades 9-12, or 10-12, the school’s grade includes the following
components:
19
• 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.
The data of students attending alternative schools, students designated as hospital or homebound,
and students who transfer to a private school are factored into a school grade as follows:
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• The student performance data for eligible students attending alternative schools that provide
dropout prevention and academic intervention services are required to be included in the
calculation of the student’s home school’s grade.
• Student performance data for students designated as hospital or homebound is assigned to
their home school for the purposes of school grades.
• A high school must include a student in its graduation rate if the student transfers from the
high school to a private school with which the school district has a contractual relationship.
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 English language arts and Math assessments
for all eligible students who are enrolled in the school and who have assessment scores or
comparable scores for the preceding school year.
21
Schools that improve their ratings by at least
one level or maintain a “commendable” rating are eligible for school recognition awards.
22
The
school improvement rating identifies an alternative school as having one of the following
ratings:
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• 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.
18
Section 1008.34(3), F.S.; See also Rule 6A-1.09981(4)(a)-(c), F.A.C.
19
Section 1008.34(3)(b), F.S.
20
Section 1008.34(3)(d), F.S.
21
Section 1008.341(3), F.S.
22
Section 1008.341(2), F.S. (flush left provisions at the end of the subsection).
23
Section 1008.341(2)(a)-(c), F.S. BILL: SB 1402 Page 5
III. Effect of Proposed Changes:
SB 1402 amends section 1002.45, F.S., to define a dropout retrieval program as a program
serving students who have officially withdrawn from high school before graduation and were not
engaged in the education system at the time of enrollment. The bill also authorizes a virtual
instruction provider that only serves students in a dropout retrieval program to elect to receive a
school improvement rating instead of a school grade
The bill also amends s. 1008.34, F.S., to specify that the performance data for students enrolled
in a dropout retrieval program, who have officially withdrawn from high school before
graduation and were not engaged in the education system at the time of enrollment, will not be
included in the calculation of their home school’s grade.
This act takes effect July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None. BILL: SB 1402 Page 6
C. Government Sector Impact:
This bill does not have a fiscal impact on state revenues or expenditures.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends sections 1002.45 and 1008.34 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.