April 22, 2019
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_h1173__
HB 1173

1
A bill to be entitled
2An act relating to K-12 educational instruction; amending
3s. 1002.33, F.S.; authorizing the formation of a virtual
4charter school; providing requirements and exceptions for
5a virtual charter school; amending s. 1002.37, F.S.;
6defining "full-time equivalent student" for two grade
7groupings for purposes of funding the Florida Virtual
8School; amending s. 1002.41, F.S.; authorizing home
9education students to enroll in virtual instruction
10courses and courses offered in the school district;
11requiring school districts to release to certain
12organizations directory information on students enrolled
13in home education programs; amending s. 1002.42, F.S.;
14exempting a Florida-based nonpublic school that provides
15education to K-12 students solely by distance education
16methods and does not enroll or teach students at an on-
17site location from requirements relating to attendance
18records and reports, school-entry health examinations, and
19student immunizations; amending s. 1002.45, F.S., relating
20to school district virtual instruction programs; providing
21for additional approved providers; revising requirements
22for certified teachers in a virtual instruction program;
23providing that a virtual instruction program may be part-
24time; revising and adding requirements for a virtual
25instruction program and approval of a program provider;
26revising student eligibility and enrollment, reporting and
27funding, and accountability requirements; requiring the
28Department of Education and school districts to post on
29the respective websites information relating to virtual
30instruction programs; creating s. 1002.452, F.S.; defining
31a virtual instruction course; authorizing students in
32public schools to take virtual instruction courses while
33enrolled full-time at a public school; providing for
34credit and funding; amending s. 1003.428, F.S.; requiring
35students to take an online course for high school
36graduation; amending ss. 1006.28 and 1006.40, F.S.;
37providing that instructional materials include computer
38hardware; amending s. 1011.61, F.S.; revising the
39definition of "full-time equivalent student" as it relates
40to virtual instruction for purposes of the Florida
41Education Finance Program; including students in a virtual
42charter school or in a public school that offers virtual
43instruction courses; requiring State Board of Education
44rules; amending s. 1012.57, F.S.; authorizing the issuance
45of an adjunct educator certificate to virtual instruction
46educators; revising requirements for adjunct educator
47certification; providing an effective date.
48
49Be It Enacted by the Legislature of the State of Florida:
50
51     Section 1.  Subsection (1) of section 1002.33, Florida
52Statutes, is amended to read:
53     1002.33  Charter schools.-
54     (1)  AUTHORIZATION.-Charter schools shall be part of the
55state's program of public education. All charter schools in
56Florida are public schools. A charter school may be formed by
57creating a new school or converting an existing public school to
58charter status. A virtual charter school may be formed to
59provide online instruction. The provider of online instruction
60for a virtual charter school must follow the charter application
61process specified in this section and serve students in the
62school district in which the charter is granted. A virtual
63charter school is not subject to or governed by the provisions
64of this section that pertain to facilities or student
65transportation. A public school may not use the term charter in
66its name unless it has been approved under this section.
67     Section 2.  Paragraph (a) of subsection (3) of section
681002.37, Florida Statutes, is amended to read:
69     1002.37  The Florida Virtual School.-
70     (3)  Funding for the Florida Virtual School shall be
71provided as follows:
72     (a)1.  A "full-time equivalent student" for the Florida
73Virtual School is one student in grades 9 through 12 who has
74successfully completed six credits that shall count toward the
75minimum number of credits required for high school graduation. A
76student who completes less than six credits shall be a fraction
77of a full-time equivalent student. Half-credit completions shall
78be included in determining a full-time equivalent student.
79Credit completed by a student in excess of the minimum required
80for that student for high school graduation is not eligible for
81funding.
82     2.  A "full-time equivalent student" for the Florida
83Virtual School is one student in kindergarten through grade 8
84who has successfully completed six courses or the prescribed
85level of content that counts toward promotion to the next grade.
86A student who completes less than six courses or the prescribed
87level of content shall be a fraction of a full-time equivalent
88student.
89     Section 3.  Subsections (4) through (9) of section 1002.41,
90Florida Statutes, are renumbered as subsections (5) through
91(10), respectively, and new subsections (4) and (11) are added
92to that section to read:
93     1002.41  Home education programs.-
94     (4)  Home education students may enroll in courses offered
95by the Florida Virtual School or a franchise of the Florida
96Virtual School and in courses offered in the school district in
97which the student resides.
98     (11)  School districts shall release directory information
99on students enrolled in home education programs to established
100state home education organizations recognized by the Department
101of Education that provide support and information to home
102education families.
103     Section 4.  Subsections (4), (5), and (6) of section
1041002.42, Florida Statutes, are amended to read:
105     1002.42  Private schools.-
106     (4)  ATTENDANCE RECORDS AND REPORTS.-All officials,
107teachers, and other employees in parochial, religious,
108denominational, and private schools, except a Florida-based
109private school that provides education to K-12 students solely
110by distance education methods, including virtual instruction or
111correspondence courses, and does not enroll or teach students at
112an on-site location in the state, shall keep and prepare records
113in accordance with the provisions of s. 1003.23(2).
114     (5)  SCHOOL-ENTRY HEALTH EXAMINATIONS.-The governing
115authority of each private school, except a Florida-based private
116school that provides education to K-12 students solely by
117distance education methods, including virtual instruction or
118correspondence courses, and does not enroll or teach students at
119an on-site location in the state, shall require students to
120present a certification of a school-entry health examination in
121accordance with the provisions of s. 1003.22(1) and (2).
122     (6)  IMMUNIZATIONS.-The governing authority of each private
123school, except a Florida-based private school that provides
124education to K-12 students solely by distance education methods,
125including virtual instruction or correspondence courses, and
126does not enroll or teach students at an on-site location in the
127state, shall:
128     (a)  Require students to present a certification of
129immunization in accordance with the provisions of s. 1003.22(3)-
130(11).
131     (b)  Provide information on the importance of student
132health and available immunizations and vaccinations, including,
133but not limited to:
134     1.  A recommended immunization schedule in accordance with
135United States Centers for Disease Control and Prevention
136recommendations.
137     2.  Detailed information regarding the causes, symptoms,
138and transmission of meningococcal disease and the availability,
139effectiveness, known contraindications, and appropriate age for
140the administration of any required or recommended vaccine
141against meningococcal disease, in accordance with the
142recommendations of the Advisory Committee on Immunization
143Practices of the United States Centers for Disease Control and
144Prevention.
145     Section 5.  Section 1002.45, Florida Statutes, is amended
146to read:
147     1002.45  School district virtual instruction programs.-
148     (1)  PROGRAM.-
149     (a)  For purposes of this section, the term:
150     1.  "Approved provider" means a provider that is approved
151by the Department of Education under subsection (2), the Florida
152Virtual School, or a franchise of the Florida Virtual School, or
153a school, including a charter school, or an organization that
154enters into an agreement with the Florida Virtual School to
155deliver a virtual instruction program.
156     2.  "Virtual instruction program" means a program of
157instruction provided in an interactive learning environment
158created through technology in which students are separated from
159their teachers by time or space, or both, at least 25 percent of
160the time and in which a certified teacher is responsible for
161planning instruction, diagnosing learning needs, prescribing
162content delivery, assessing student learning, reporting
163outcomes, and evaluating the effects of instruction Florida-
164certified teacher under chapter 1012 is responsible for at
165least:
166     a.  Fifty percent of the direct instruction to students in
167kindergarten through grade 5; or
168     b.  Eighty percent of the direct instruction to students in
169grades 6 through 12.
170     (b)  Beginning with the 2009-2010 school year, Each school
171district shall provide eligible students within its boundaries
172the option of participating in a virtual instruction program.
173The purpose of the program is to make instruction available to
174students using online and distance learning technology in the
175nontraditional classroom. The program shall be:
176     1.  Full-time or part-time for students enrolled in
177kindergarten through grade 12.
178     2.  Full-time or part-time for students enrolled in dropout
179prevention and academic intervention programs under s. 1003.53
180or Department of Juvenile Justice education programs under s.
1811003.52 in grades 9 through 12.
182     (c)  To provide students with the option of participating
183in virtual instruction programs as required by paragraph (b), a
184school district may:
185     1.  Contract with the Florida Virtual School or establish a
186franchise of the Florida Virtual School for the provision of a
187program under paragraph (b). Using this option is subject to the
188requirements of this section and s. 1011.61(1)(c)1.b.(III) and
189(IV).
190     2.  Contract with an approved provider under subsection (2)
191for the provision of a full-time program under subparagraph
192(b)1. or a full-time or part-time program under subparagraph
193(b)2.
194     3.  Enter into an agreement with another school district to
195allow the participation of its students in an approved virtual
196instruction program provided by the other school district. The
197agreement must indicate a process for the transfer of funds
198required by paragraph (7)(b).
199
200Contracts under subparagraph 1. or subparagraph 2. may include
201multidistrict contractual arrangements that may be executed by a
202regional consortium for its member districts. A multidistrict
203contractual arrangement or an agreement under subparagraph 3. is
204not subject to s. 1001.42(4)(d) and does not require the
205participating school districts to be contiguous.
206     (d)  A charter school may enter into a joint agreement with
207the school district in which it is located for the charter
208school's students to participate in the school district's
209virtual instruction program.
210     (2)  PROVIDER QUALIFICATIONS.-
211     (a)  No later than October 31 of each year, the department
212shall provide an application form to providers seeking to
213operate a virtual instruction program. By March 1 each year, the
214department shall annually provide school districts with a list
215of providers approved to offer virtual instruction programs. To
216be approved by the department, a provider must document that it:
217     1.  Is nonsectarian in its programs, admission policies,
218employment practices, and operations;
219     2.  Complies with the antidiscrimination provisions of s.
2201000.05;
221     3.  Locates an administrative office or offices in this
222state, requires its administrative staff to be state residents,
223Requires all instructional staff to be state or nationally
224certified educators Florida-certified teachers under chapter
2251012, and conducts background screenings for all
226contracted personnel, as required by s. 1012.32, using state and
227national criminal history records;
228     4.  Possesses prior, successful experience offering online
229courses to elementary, middle, or high school students; and
230     5.  Is accredited by the Southern Association of Colleges
231and Schools Council on Accreditation and School Improvement, the
232North Central Association Commission on Accreditation and School
233Improvement, the Middle States Association of Colleges and
234Schools Commission on Elementary Schools and Commission on
235Secondary Schools, the New England Association of Schools and
236Colleges, the Northwest Association of Accredited Schools, the
237Western Association of Schools and Colleges, or the Commission
238on International and Trans-Regional Accreditation;.
239     6.  Has a detailed curriculum plan that illustrates how
240students will be provided services to attain proficiency in the
241Next Generation Sunshine State Standards;
242     7.  Has a method for determining that a student has
243satisfied the requirements for graduation under s. 1003.428 or
244s. 1003.429 if the contract is for the provision of a full-time
245virtual instruction program to students in grades 9 through 12;
246and
247     8.  Has provided to the department a parent handbook that
248outlines parental participation and required responsibilities
249for participation in the program.
250     (b)  An approved provider shall retain its approved status
251for a period of 3 years after the date of the department's
252approval under paragraph (a) as long as the provider continues
253to comply with all requirements of this section.
254     (3)  SCHOOL DISTRICT VIRTUAL INSTRUCTION PROGRAM
255REQUIREMENTS.-Each school district virtual instruction program
256under this section must:
257     (a)  Align virtual course curriculum and course content to
258the Next Generation Sunshine State Standards under s. 1003.41.
259     (b)  Offer instruction that is designed to enable a student
260to gain proficiency in each virtually delivered course of study.
261     (c)  Provide each student enrolled in the program with all
262the necessary instructional materials.
263     (d)  Provide to, when appropriate, each full-time student
264enrolled in the program who meets the eligibility requirements
265for free or reduced-priced lunch and who does not have a
266computer or Internet access in his or her home with:
267     1.  All equipment necessary for participants in the school
268district virtual instruction program, including, but not limited
269to, a computer, computer monitor, and printer if a printer is
270required to participate in the program; and
271     2.  Access to or reimbursement for all Internet services
272necessary for online delivery of instruction.
273     (e)  Not require tuition or student registration fees.
274     (f)  Provide access to the district's testing facilities to
275students enrolled in the virtual instruction program, a virtual
276charter school, the Florida Virtual School, or a franchise of
277the Florida Virtual School who are required or who choose to
278participate in state assessments.
279     (4)  CONTRACT REQUIREMENTS.-Each contract with an approved
280provider must at minimum:
281     (a)  Set forth a detailed curriculum plan that illustrates
282how students will be provided services to attain proficiency in
283the Sunshine State Standards.
284     (b)  Provide a method for determining that a student has
285satisfied the requirements for graduation in s. 1003.428, s.
2861003.429, or s. 1003.43 if the contract is for the provision of
287a full-time virtual instruction program to students in grades 9
288through 12.
289     (a)(c)  Specify a method for resolving conflicts among the
290parties.
291     (b)(d)  Specify authorized reasons for termination of the
292contract.
293     (c)(e)  Require the approved provider to be responsible for
294all debts of the school district virtual instruction program if
295the contract is not renewed or is terminated.
296     (d)(f)  Require the approved provider to comply with all
297requirements of this section.
298     (5)  STUDENT ELIGIBILITY AND ENROLLMENT.-
299     (a)  A student who is a resident of the state may enroll in
300a virtual instruction program provided by the school district in
301which he or she resides or in a virtual instruction program
302provided by another school district that offers a program not
303offered in his or her district of residence.
304     (b)  Enrollment for the following school year shall be
305permitted from April 1 through the day prior to the start of the
306following school year. Enrollment during the current school year
307shall be permitted through October 1 of that school year. if the
308student meets at least one of the following conditions:
309     (a)  The student has spent the prior school year in
310attendance at a public school in this state and was enrolled and
311reported by a public school district for funding during the
312preceding October and February for purposes of the Florida
313Education Finance Program surveys.
314     (b)  The student is a dependent child of a member of the
315United States Armed Forces who was transferred within the last
31612 months to this state from another state or from a foreign
317country pursuant to the parent's permanent change of station
318orders.
319     (c)  The student was enrolled during the prior school year
320in a school district virtual instruction program under this
321section or a K-8 Virtual School Program under s. 1002.415.
322     (6)  STUDENT PARTICIPATION REQUIREMENTS.-Each student
323enrolled in a school district virtual instruction program must:
324     (a)  Comply with the compulsory attendance requirements of
325s. 1003.21. Student attendance must be verified by the school
326district.
327     (b)  Take state assessment tests within the school district
328in which such student resides, which must provide the student
329with access to the district's testing facilities.
330     (7)  FUNDING.-
331     (a)  For purposes of a school district virtual instruction
332program, "full-time equivalent student" has the same meaning as
333provided in s. 1011.61(1)(c)1.b.(III) or (IV).
334     (b)  For a school district offering a virtual instruction
335program through a contract with another school district pursuant
336to subparagraph (1)(c)3., the school district in which the
337student resides shall report full-time equivalent students for
338the school district virtual instruction program to the
339department in a manner prescribed by the department, and funding
340shall be provided through the Florida Education Finance Program.
341Funds received by the school district of residence for a student
342in a virtual instruction program provided by another school
343district under this section shall be transferred to the school
344district providing the virtual instruction program.
345     (c)  For a school district offering a virtual instruction
346program pursuant to subparagraph (1)(c)1. or 2., the school
347district providing the virtual instruction program to the
348student, regardless of the student's district of residence,
349shall report full-time equivalent students for the school
350district virtual instruction program to the department in a
351manner prescribed by the department, and funding shall be
352provided through the Florida Education Finance Program.
353     (8)  ASSESSMENT AND ACCOUNTABILITY.-
354     (a)  Each approved provider contracted under this section
355must:
356     1.  Participate in the statewide assessment program under
357s. 1008.22 and in the state's education performance
358accountability system under s. 1008.31.
359     2.  Receive a school grade under s. 1008.34 or a school
360improvement rating under s. 1008.341, as applicable. The school
361grade or school improvement rating received by each approved
362provider shall be based upon the aggregated assessment scores of
363all students served by the provider statewide. The department
364shall publish the school grade or school improvement rating
365received by each approved provider on its Internet website.
366     (b)  The performance of part-time students in grades 9
367through 12 shall not be included for purposes of school grades
368or school improvement ratings under subparagraph (a)2.; however,
369their performance shall be included for school grading or school
370improvement rating purposes by the nonvirtual school providing
371the student's primary instruction.
372     (c)  An approved provider that receives a school grade of
373"D" or "F" under s. 1008.34 or a school improvement rating of
374"Declining" under s. 1008.341 must file a school improvement
375plan with the department for consultation to determine the
376causes for low performance and to develop a plan for correction
377and improvement.
378     (c)(d)  An approved provider's contract must be terminated
379if the provider receives a school grade of "D" or "F" under s.
3801008.34 or a school improvement rating of "Declining" under s.
3811008.341 for 2 years during any consecutive 4-year period. A
382provider that has a contract terminated under this paragraph may
383not be an approved provider for a period of at least 1 year
384after the date upon which the contract was terminated and until
385the department determines that the provider is in compliance
386with subsection (2) and has corrected each cause of the
387provider's low performance.
388     (9)  EXCEPTIONS.-A provider of digital or online content or
389curriculum that is used to supplement the instruction of
390students who are not enrolled in a school district virtual
391instruction program under this section is not required to meet
392the requirements of this section.
393     (10)  MARKETING.-The department shall post on its website
394information for students on the virtual instruction programs
395available in each school district. The posting must include
396information on a student's right to participate in programs and
397courses offered by a school district other than the one in which
398the student resides. School districts shall differentiate
399between a school district virtual instruction program, the
400Florida Virtual School, a franchise of the Florida Virtual
401School, and a home education program. Each school district shall
402provide information annually to parents and students about the
403parent's and student's right and the parent's responsibilities
404to participate in a school district virtual instruction program
405under this section and in courses offered by the Florida Virtual
406School under s. 1002.37. A school district shall post on the
407district's website information regarding online instruction
408opportunities, including an online link to the websites of
409approved providers.
410     (11)  RULES.-The State Board of Education shall adopt rules
411necessary to administer this section, including rules that
412prescribe school district reporting requirements under
413subsection (7).
414     (12)  STUDY.-The department shall review the advisability
415of legislatively authorizing school districts to contract with
416approved private providers for the provision of part-time
417virtual instruction programs for students in grades 9 through 12
418who are not enrolled in programs under ss. 1003.52 and 1003.53.
419The department shall report its findings and recommendations to
420the presiding officers of the Legislature and the Governor by
421January 15, 2010.
422     Section 6.  Section 1002.452, Florida Statutes, is created
423to read:
424     1002.452  Virtual instruction courses.-
425     (1)  A virtual instruction course is a course of
426instruction provided in an interactive learning environment
427created through technology in which students are separated from
428their teachers by time or space, or both, at least 25 percent of
429the time and in which a certified teacher is responsible for
430planning instruction, diagnosing learning needs, prescribing
431content delivery, assessing student learning, reporting
432outcomes, and evaluating the effects of instruction.
433     (2)  Students attending K-12 public schools, including
434charter schools, may take virtual instruction courses while
435enrolled full-time at a public school. A virtual instruction
436course taken by a student while enrolled in a public school
437shall count toward academic credit and for purposes of
438attendance as if the student took the course in a nonvirtual
439setting. Funding to a public school, including a charter school,
440for a student taking a virtual instruction course pursuant to
441this section shall be as if the student were attending all
442courses in a nonvirtual setting.
443     Section 7.  Subsection (1) of section 1003.428, Florida
444Statutes, is amended to read:
445     1003.428  General requirements for high school graduation;
446revised.-
447     (1)  Except as otherwise authorized pursuant to s.
4481003.429, beginning with students entering their first year of
449high school in the 2007-2008 school year, graduation requires
450the successful completion of a minimum of 24 credits, an
451International Baccalaureate curriculum, or an Advanced
452International Certificate of Education curriculum. Students must
453be advised of eligibility requirements for state scholarship
454programs and postsecondary admissions. For students entering
455their first year of high school in the 2010-2011 school year, at
456least one of the minimum 24 credits shall be taken online.
457However, an online course taken during grades 6 through 8
458fulfills this requirement.
459     Section 8.  Subsection (1) of section 1006.28, Florida
460Statutes, is amended to read:
461     1006.28  Duties of district school board, district school
462superintendent; and school principal regarding K-12
463instructional materials.-
464     (1)  DISTRICT SCHOOL BOARD.-The district school board has
465the duty to provide adequate instructional materials for all
466students in accordance with the requirements of this part. The
467term "adequate instructional materials" means a sufficient
468number of textbooks or sets of materials that are available in
469bound, unbound, kit, or package form and may consist of hard-
470backed or soft-backed textbooks, consumables, learning
471laboratories, manipulatives, electronic media, and computer
472hardware, courseware, or software that serve as the basis for
473instruction for each student in the core courses of mathematics,
474language arts, social studies, science, reading, and literature,
475except for instruction for which the school advisory council
476approves the use of a program that does not include a textbook
477as a major tool of instruction. The district school board has
478the following specific duties:
479     (a)  Courses of study; adoption.-Adopt courses of study for
480use in the schools of the district.
481     (b)  Textbooks.-Provide for proper requisitioning,
482distribution, accounting, storage, care, and use of all
483instructional materials furnished by the state and furnish such
484other instructional materials as may be needed. The district
485school board shall assure that instructional materials used in
486the district are consistent with the district goals and
487objectives and the curriculum frameworks adopted by rule of the
488State Board of Education, as well as with the state and district
489performance standards provided for in s. 1001.03(1).
490     (c)  Other instructional materials.-Provide such other
491teaching accessories and aids as are needed for the school
492district's educational program.
493     (d)  School library media services; establishment and
494maintenance.-Establish and maintain a program of school library
495media services for all public schools in the district, including
496school library media centers, or school library media centers
497open to the public, and, in addition such traveling or
498circulating libraries as may be needed for the proper operation
499of the district school system.
500     Section 9.  Subsection (4) of section 1006.40, Florida
501Statutes, is amended to read:
502     1006.40  Use of instructional materials allocation;
503instructional materials, library books, and reference books;
504repair of books.-
505     (4)  The funds described in subsection (3) which district
506school boards may use to purchase materials not on the state-
507adopted list shall be used for the purchase of instructional
508materials or other items having intellectual content which
509assist in the instruction of a subject or course. These items
510may be available in bound, unbound, kit, or package form and may
511consist of hardbacked or softbacked textbooks, replacements for
512items which were part of previously purchased instructional
513materials, consumables, learning laboratories, manipulatives,
514electronic media, computer hardware, courseware, or software,
515and other commonly accepted instructional tools as prescribed by
516district school board rule. The funds available to district
517school boards for the purchase of materials not on the state-
518adopted list may not be used to purchase electronic or computer
519hardware unless even if such hardware is bundled with software
520or other electronic media, nor may such funds be used to
521purchase equipment or supplies. However, when authorized to do
522so in the General Appropriations Act, a school or district
523school board may use a portion of the funds available to it for
524the purchase of materials not on the state-adopted list to
525purchase science laboratory materials and supplies.
526     Section 10.  Subsection (1) of section 1011.61, Florida
527Statutes, is amended to read:
528     1011.61  Definitions.-Notwithstanding the provisions of s.
5291000.21, the following terms are defined as follows for the
530purposes of the Florida Education Finance Program:
531     (1)  A "full-time equivalent student" in each program of
532the district is defined in terms of full-time students and part-
533time students as follows:
534     (a)  A "full-time student" is one student on the membership
535roll of one school program or a combination of school programs
536listed in s. 1011.62(1)(c) for the school year or the equivalent
537for:
538     1.  Instruction in a standard school, comprising not less
539than 900 net hours for a student in or at the grade level of 4
540through 12, or not less than 720 net hours for a student in or
541at the grade level of kindergarten through grade 3 or in an
542authorized prekindergarten exceptional program;
543     2.  Instruction in a double-session school or a school
544utilizing an experimental school calendar approved by the
545Department of Education, comprising not less than the equivalent
546of 810 net hours in grades 4 through 12 or not less than 630 net
547hours in kindergarten through grade 3; or
548     3.  Instruction comprising the appropriate number of net
549hours set forth in subparagraph 1. or subparagraph 2. for
550students who, within the past year, have moved with their
551parents for the purpose of engaging in the farm labor or fish
552industries, if a plan furnishing such an extended school day or
553week, or a combination thereof, has been approved by the
554commissioner. Such plan may be approved to accommodate the needs
555of migrant students only or may serve all students in schools
556having a high percentage of migrant students. The plan described
557in this subparagraph is optional for any school district and is
558not mandated by the state.
559     (b)  A "part-time student" is a student on the active
560membership roll of a school program or combination of school
561programs listed in s. 1011.62(1)(c) who is less than a full-time
562student.
563     (c)1.  A "full-time equivalent student" is:
564     a.  A full-time student in any one of the programs listed
565in s. 1011.62(1)(c); or
566     b.  A combination of full-time or part-time students in any
567one of the programs listed in s. 1011.62(1)(c) which is the
568equivalent of one full-time student based on the following
569calculations:
570     (I)  A full-time student, except a postsecondary or adult
571student or a senior high school student enrolled in adult
572education when such courses are required for high school
573graduation, in a combination of programs listed in s.
5741011.62(1)(c) shall be a fraction of a full-time equivalent
575membership in each special program equal to the number of net
576hours per school year for which he or she is a member, divided
577by the appropriate number of hours set forth in subparagraph
578(a)1. or subparagraph (a)2. The difference between that fraction
579or sum of fractions and the maximum value as set forth in
580subsection (4) for each full-time student is presumed to be the
581balance of the student's time not spent in such special
582education programs and shall be recorded as time in the
583appropriate basic program.
584     (II)  A prekindergarten handicapped student shall meet the
585requirements specified for kindergarten students.
586     (III)  A full-time equivalent student for students in
587kindergarten through grade 5 in a school district virtual
588instruction program under s. 1002.45, in a virtual charter
589school that offers full-time online instruction, or in a public
590school, including a charter school, that offers virtual
591instruction courses shall consist of a student who has
592successfully completed six courses, or the prescribed level of
593content, in a basic program listed in s. 1011.62(1)(c)1.a. or b.
594or, and who is promoted to a higher grade level. A student who
595completes less than six courses or the prescribed level of
596content shall be calculated at a fraction of a full-time
597equivalent student. The State Board of Education shall adopt
598rules defining a fraction of a full-time equivalent for students
599in kindergarten through grade 5 who are in a school district
600virtual instruction program under s. 1002.45, in a virtual
601charter school that offers full-time online instruction, or in a
602public school, including a charter school, that offers virtual
603instruction courses.
604     (IV)  A full-time equivalent student for students in grades
6056 through 12 in a school district virtual instruction program
606under s. 1002.45(1)(b)1. and 2., in a virtual charter school
607that offers full-time online instruction, or in a public school,
608including a charter school, that offers virtual instruction
609courses shall consist of six full credit completions in programs
610listed in s. 1011.62(1)(c)1.b. or c. and 3. Credit completions
611can be a combination of either full credits or half credits.
612     (V)  A Florida Virtual School full-time equivalent student
613shall consist of six full credit completions in the programs
614listed in s. 1011.62(1)(c)1.a. and b. for kindergarten grades 6
615through grade 8 and the programs listed in s. 1011.62(1)(c)1.c.
616for grades 9 through 12. Credit completions can be a combination
617of either full credits or half credits.
618     (VI)  Each successfully completed credit earned under the
619alternative high school course credit requirements authorized in
620s. 1002.375, which is not reported as a portion of the 900 net
621hours of instruction pursuant to subparagraph (1)(a)1., shall be
622calculated as 1/6 FTE.
623     2.  A student in membership in a program scheduled for more
624or less than 180 school days or the equivalent on an hourly
625basis as specified by rules of the State Board of Education is a
626fraction of a full-time equivalent membership equal to the
627number of instructional hours in membership divided by the
628appropriate number of hours set forth in subparagraph (a)1.;
629however, for the purposes of this subparagraph, membership in
630programs scheduled for more than 180 days is limited to students
631enrolled in juvenile justice education programs and the Florida
632Virtual School.
633
634The department shall determine and implement an equitable method
635of equivalent funding for experimental schools and for schools
636operating under emergency conditions, which schools have been
637approved by the department to operate for less than the minimum
638school day.
639     Section 11.  Section 1012.57, Florida Statutes, is amended
640to read:
641     1012.57  Certification of adjunct educators.-
642     (1)  Notwithstanding the provisions of ss. 1012.32,
6431012.55, and 1012.56, or any other provision of law or rule to
644the contrary, district school boards shall adopt rules to allow
645for the issuance of an adjunct teaching certificate to any
646applicant who fulfills the requirements of s. 1012.56(2)(a)-(f)
647and (10) and who has expertise in the subject area to be taught.
648An applicant shall be considered to have expertise in the
649subject area to be taught if the applicant demonstrates
650sufficient subject area mastery through passage of a subject
651area test. The adjunct teaching certificate shall be used for
652part-time teaching positions.
653     (2)  This section shall The intent of this provision is to
654allow:
655     (a)  School districts to tap the wealth of talent and
656expertise represented in Florida's citizens who may wish to
657teach part-time in a Florida public school by permitting school
658districts to issue adjunct certificates to qualified applicants.
659     (b)  School districts to tap the wealth of talent and
660expertise of individuals in state or out of state who may wish
661to provide online instruction to Florida students by permitting
662school districts to issue adjunct certificates to qualified
663applicants.
664     (3)  Adjunct certificateholders should be used as a
665strategy to:
666     (a)  Enhance the diversity of course offerings offered to
667all Florida students;
668     (b)  Provide rigorous course offerings for students in
669subjects for which the demand does not require a full-time
670educator; or
671     (c)  Reduce the teacher shortage; thus, adjunct
672certificateholders should supplement a school's instructional
673staff, not supplant it. Each school principal shall assign an
674experienced peer mentor to assist the adjunct teaching
675certificateholder during the certificateholder's first year of
676teaching, and an adjunct certificateholder may participate in a
677district's new teacher training program. District school boards
678shall provide the adjunct teaching certificateholder an
679orientation in classroom management prior to assigning the
680certificateholder to a school.
681     (4)  Each adjunct teaching certificate is valid through the
682term of the contract between the educator and the school
683district for 5 school years and is renewable if the applicant
684has received satisfactory performance evaluations during each
685year of teaching under adjunct teaching certification.
686     (2)  Individuals who are certified and employed under this
687section shall have the same rights and protection of laws as
688teachers certified under s. 1012.56.
689     Section 12.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.
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