Florida 2025 2025 Regular Session

Florida Senate Bill S1402 Analysis / Analysis

Filed 04/02/2025

                    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 Fiscal Policy 
 
BILL: CS/CS/SB 1402 
INTRODUCER:  Appropriations Committee on Pre-K - 12 Education; Education Pre-K - 12 Committee; 
and Senator Yarborough 
SUBJECT:  Students Enrolled in Dropout Retrieval Programs 
DATE: April 1, 2025 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Palazesi Bouck ED Fav/CS 
2. Gray Elwell AED  Fav/CS 
3. Palazesi Siples FP Favorable 
 
Please see Section IX. for Additional Information: 
COMMITTEE SUBSTITUTE - Substantial Changes 
 
I. Summary: 
CS/CS/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officially withdrawn from high school and were not engaged in the education system at the time 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 also requires all dropout retrieval 
programs to choose between receiving a school improvement rating or a school grade. 
 
The bill requires that each Virtual Instruction Provider (VIP) receives a school grade or school 
improvement rating for each district with which it contracts, based on the assessment scores of 
all students served within those districts. The bill also exempts a VIP operating as a dropout 
retrieval program from receiving a district grade.  
 
This bill takes effect July 1, 2025. 
 
This bill does not have a fiscal impact on state revenues or expenditures. See Section V., Fiscal 
Impact Statement. 
REVISED:   BILL: CS/CS/SB 1402   	Page 2 
 
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 
• 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: 
• 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.
 6
 
 
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. 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 
 
1
 Section 1002.45(1), F.S.   
2
 Section 1002.45, F.S.   
3
 Sections 1002.33(1) and 1002.45(1), F.S.   
4
 Section 1003.498, F.S.   
5
 Section 1002.45(2), 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 19, 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 19, 2025).  BILL: CS/CS/SB 1402   	Page 3 
 
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.
8
 
 
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.
9
 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.  
 
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:  
• 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 nine-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 10 days or expelled.
 10
 
 
School Grades 
School grades are used to explain a school’s performance in a familiar, easy-to-understand 
manner for parents and the public.
11
 School grades are also used to determine whether a school 
must select or implement a turnaround option
12
 or whether a school is eligible for school 
recognition funds as appropriated by the Legislature.
13
  
 
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 
 
8
 Section 1002.45(7) F.S. 
9
 Section 1003.53(1), F.S. 
10
 Florida Department of Education, Dropout Prevention and Academic Intervention Programs 2023-2024 Annual Report, 
available at https://www.fldoe.org/file/5576/2324DropoutPreventReport.pdf.  
11
 Section 1008.34(1), F.S.  
12
 Section 1008.33(4), F.S.  
13
 Section 1008.36, F.S.  BILL: CS/CS/SB 1402   	Page 4 
 
school models). Each school must receive a school grade based on the school’s performance in 
the following components:
14
 
• 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 three, the percentage of eligible 
students who score an achievement level three or higher on the grade three statewide, 
standardized ELA assessment. 
• For schools comprised of middle grades six through eight or grades seven and eight, 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.
15
 
 
For a school comprised of grades nine-12, or 10-12, the school’s grade includes the following 
components:
 
 
• The four-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.
 16
 
 
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 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.
17
 Schools that improve their ratings 
by at least one level or maintain a “commendable” rating are eligible for school recognition 
awards. The school improvement rating identifies an alternative school as having one of the 
following ratings: 
• 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. 
 
14
 Section 1008.34(3)(b), F.S.
15
 Section 1008.34(3), F.S.; See also Rule 6A-1.09981(4)(a)-(c), F.A.C.  
15
 Section 1008.34(3), F.S.; See also Rule 6A-1.09981(4)(a)-(c), F.A.C.  
16
 Section 1008.34(3)(b), F.S. 
17
 Section 1008.341(3), F.S.  BILL: CS/CS/SB 1402   	Page 5 
 
• Unsatisfactory: an insufficient percentage of the students attending the school are making 
learning gains.
 18
 
III. Effect of Proposed Changes: 
This bill amends section 1002.45, F.S., to require that each Virtual Instruction Provider (VIP) 
receive a school grade or school improvement rating for each district with which it contracts, 
based on the assessment scores of all students served within those districts. The bill also exempts 
VIP providers that operate as a dropout retrieval program from receiving a district grade. 
 
The bill also amends s. 1003.53, 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 requires all dropout 
retrieval programs to choose between receiving a school improvement rating or a school 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. 
 
18
 Section 1008.341(2), F.S.  BILL: CS/CS/SB 1402   	Page 6 
 
B. Private Sector Impact: 
None. 
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 the following sections of the Florida Statutes: 1002.45 and 
1003.53.  
IX. Additional Information: 
A. Committee Substitute – Statement of Substantial Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
CS/CS by Appropriations Committee on Pre-K - 12 Education on March 25, 2025: 
The committee substitute requires all dropout retrieval programs to choose between 
receiving a school improvement rating or a school grade. 
 
CS by Education Pre-K - 12 on March 17, 2025: 
The committee substitute requires that each Virtual Instruction Provider (VIP) receive a 
school grade or school improvement rating for each district with which it contracts, based 
on the assessment scores of all students served within those districts. The committee 
substitute also exempts a VIP operating as a dropout retrieval program from receiving a 
district grade. Finally, the committee substitute moves the definition of a dropout 
retrieval program from the original bill to the dropout prevention and academic 
intervention statute. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.