April 24, 2019
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       Florida Senate - 2010                                    SB 2262
       
       
       
       By Senator Thrasher
       
       
       
       
       8-01676A-10                                           20102262__
    1                        A bill to be entitled                      
    2         An act relating to education; amending s. 1002.33,
    3         F.S.; authorizing a charter school operated by a
    4         provider that is approved by the Department of
    5         Education to provide online instruction; requiring
    6         that such provider comply with the charter application
    7         process and serve students in the school district in
    8         which the charter is granted; providing that a virtual
    9         charter school is exempt from requirements relating to
   10         educational facilities and student transportation;
   11         revising provisions relating to charter schools-in
   12         the-workplace when a business partner provides the
   13         school facility to be used; providing that such
   14         business partner is not prohibited from charging a
   15         reasonable amount of rent; providing for the
   16         retroactive application of such rent on any lease
   17         agreement entered into on or before a specified date;
   18         amending s. 1002.37, F.S.; revising provisions
   19         relating to funding for the Florida Virtual School to
   20         conform to changes made by the act; amending s.
   21         1002.41, F.S.; revising provisions relating to home
   22         education students to allow them to enroll in courses
   23         offered by the Florida Virtual School, or a franchise
   24         of the Florida Virtual School, and in courses offered
   25         in their local school districts; requiring that each
   26         school district release directory information to
   27         organizations recognized by the Department of
   28         Education which provide support and information to the
   29         home education students and their parents or
   30         guardians; amending s. 1002.42, F.S.; exempting
   31         certain Florida-based private schools from
   32         requirements for school attendance records and
   33         reports, school-entry health examinations, and
   34         immunizations; amending s. 1002.45, F.S.; revising
   35         provisions relating to school district virtual
   36         instruction programs; revising the definition of the
   37         term “virtual instruction program” to conform to
   38         changes made by the act; requiring that the Department
   39         of Education provide an application form to potential
   40         virtual instruction program providers by a specified
   41         date each year; requiring that the department provide
   42         a list of approved providers to school districts by a
   43         specified date each year; revising the qualifications
   44         required for virtual instruction program providers to
   45         be approved by the department; revising the
   46         requirements for school district virtual instruction
   47         programs; removing certain requirements for contracts
   48         with approved providers; revising provisions relating
   49         to student eligibility and enrollment in a virtual
   50         instruction program; revising provisions relating to
   51         the funding of school district virtual instruction
   52         programs; removing certain provisions pertaining to
   53         the assessment and accountability of approved
   54         providers; requiring that the department post certain
   55         information on its website regarding the virtual
   56         instruction programs available in each county;
   57         requiring that each school district differentiate
   58         between a school district virtual instruction program,
   59         the Florida Virtual School, and a home education
   60         program; requiring that each school district post
   61         certain information on its website regarding online
   62         opportunities; amending s. 1003.428, F.S.; revising
   63         the general requirements for high school graduation to
   64         require at least one online course; amending ss.
   65         1006.28 and 1006.40, F.S.; revising provisions
   66         relating to the duties of district school boards
   67         regarding K-12 instructional materials and the use of
   68         such materials to include computer hardware; amending
   69         s. 1011.61, F.S.; revising the definition of the term
   70         “full-time equivalent student” to conform to changes
   71         made by the act; requiring that the State Board of
   72         Education adopt rules defining the term “fraction of a
   73         full-time equivalent student” for students in grades
   74         kindergarten through 5 who are enrolled in a virtual
   75         instruction program; amending s. 1012.57, F.S.;
   76         revising provisions relating to the certification of
   77         adjunct educators; authorizing school districts to
   78         issue adjunct certificates to qualified in-state or
   79         out-of-state applicants who seek to provide online
   80         instruction to Florida students; providing an
   81         effective date.
   82  
   83  Be It Enacted by the Legislature of the State of Florida:
   84  
   85         Section 1. Subsection (1) and paragraph (b) of subsection
   86  (15) of section 1002.33, Florida Statutes, are amended to read:
   87         1002.33 Charter schools.—
   88         (1) AUTHORIZATION.—Charter schools shall be part of the
   89  state’s program of public education. All charter schools in
   90  Florida are public schools. A charter school may be formed by
   91  creating a new school or converting an existing public school to
   92  charter status. A public school may not use the term charter in
   93  its name unless it has been approved under this section. A
   94  charter school operated by a provider that is approved by the
   95  Department of Education under s. 1002.45 may be formed to
   96  provide online instruction. The provider of online instruction
   97  for a virtual charter school must follow the charter application
   98  process specified in this section and serve students in the
   99  school district in which the charter is granted. A virtual
  100  charter school is not subject to or governed by the provisions
  101  of this section which pertain to facilities or student
  102  transportation.
  103         (15) CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER SCHOOLS-IN
  104  A-MUNICIPALITY.—
  105         (b) A charter school-in-the-workplace may be established
  106  when a business partner provides the school facility to be used;
  107  enrolls students based upon a random lottery that involves all
  108  of the children of employees of that business or corporation who
  109  are seeking enrollment, as provided for in subsection (10); and
  110  enrolls students according to the racial/ethnic balance
  111  provisions described in subparagraph (7)(a)8. Any portion of a
  112  facility used for a public charter school shall be exempt from
  113  ad valorem taxes, as provided for in s. 1013.54, for the
  114  duration of its use as a public school. However, this paragraph
  115  does not prohibit the business partner from charging a
  116  reasonable amount of rent to the sponsor in exchange for
  117  providing the school facility. The authority to charge a
  118  reasonable amount of rent under this paragraph shall apply
  119  retroactively to any lease agreement that was entered into
  120  pursuant to this subsection on or before July 1, 1998.
  121         Section 2. Subsection (3) of section 1002.37, Florida
  122  Statutes, is amended to read:
  123         1002.37 The Florida Virtual School.—
  124         (3) Funding for the Florida Virtual School shall be
  125  provided as follows:
  126         (a) A “full-time equivalent student” for the Florida
  127  Virtual School is one student in grades 9 through 12 who has
  128  successfully completed six credits that shall count toward the
  129  minimum number of credits required for high school graduation. A
  130  student who completes fewer less than six credits shall be a
  131  fraction of a full-time equivalent student. Half-credit
  132  completions shall be included in determining a full-time
  133  equivalent student. Credit completed by a student in excess of
  134  the minimum required for that student for high school graduation
  135  is not eligible for funding.
  136         (b) A “full-time equivalent student” for the Florida
  137  Virtual School is one student in grades kindergarten through 8
  138  who has successfully completed six courses or learns the
  139  prescribed level of content that counts toward promotion to the
  140  next grade. A student who completes fewer than six courses or
  141  who fails to learn the prescribed level of content shall be a
  142  fraction of a full-time equivalent student.
  143         (c)(b) Full-time equivalent student credit completed
  144  through the Florida Virtual School, including credits completed
  145  during the summer, shall be reported to the Department of
  146  Education in the manner prescribed by the department and shall
  147  be funded through the Florida Education Finance Program.
  148         (d)(c) School districts may not limit student access to
  149  courses offered through the Florida Virtual School.
  150         (e)(d) Full-time equivalent student credit completion for
  151  courses offered through the Florida Virtual School shall be
  152  reported only by the Florida Virtual School. School districts
  153  shall report full-time equivalent student membership only for
  154  courses for which the district provides the instruction.
  155         (f)(e) The district cost differential as provided in s.
  156  1011.62(2) shall be established as 1.000.
  157         (g)(f) The Florida Virtual School shall receive funds for
  158  operating purposes in an amount determined as follows: multiply
  159  the maximum allowable nonvoted discretionary millage for
  160  operations pursuant to s. 1011.71(1) by the value of 95 percent
  161  of the current year’s taxable value for school purposes for the
  162  state; divide the result by the total full-time equivalent
  163  membership of the state; and multiply the result by the full
  164  time equivalent membership of the school. The amount thus
  165  obtained shall be discretionary operating funds and shall be
  166  appropriated from state funds in the General Appropriations Act.
  167         (h)(g) The Florida Virtual School shall receive additional
  168  state funds as may be provided in the General Appropriations
  169  Act; however, such funds may not be provided for the purpose of
  170  fulfilling the class size requirements in ss. 1003.03 and
  171  1011.685.
  172         (i)(h) In addition to the funds provided in the General
  173  Appropriations Act, the Florida Virtual School may receive other
  174  funds from grants and donations.
  175         Section 3. Present subsections (5) through (9) of section
  176  1002.41, Florida Statutes, are redesignated as subsections (6)
  177  through (10), respectively, and a new subsection (5) and
  178  subsection (11) are added to that section, to read:
  179         1002.41 Home education programs.—
  180         (5) Home education students may enroll in courses offered
  181  by the Florida Virtual School created in s. 1001.37, or a
  182  franchise of the Florida Virtual School, and may enroll in
  183  courses offered in the school district in which the student
  184  resides.
  185         (11) Each school district shall release directory
  186  information regarding students who are enrolled in home
  187  education programs to established state home education
  188  organizations recognized by the Department of Education which
  189  provide support and information to home education students and
  190  their parents or guardians.
  191         Section 4. Present subsection (15) of section 1002.42,
  192  Florida Statutes, is redesignated as subsection (16), and a new
  193  subsection (15) is added to that section, to read:
  194         1002.42 Private schools.—
  195         (15) EXEMPTIONS FOR CERTAIN PRIVATE SCHOOLS.—A Florida
  196  based private school that provides an education program to K-12
  197  students solely through distance learning, including virtual or
  198  correspondence courses, and does not enroll and teach students
  199  at a physical location, is exempt from the requirements in
  200  subsections (4), (5), and (6) and ss. 1003.22 and 1003.23(2).
  201         Section 5. Section 1002.45, Florida Statutes, is amended to
  202  read:
  203         1002.45 School district virtual instruction programs.—
  204         (1) PROGRAM.—
  205         (a) For purposes of this section, the term:
  206         1. “Approved provider” means a provider that is approved by
  207  the Department of Education under subsection (2), the Florida
  208  Virtual School, or a franchise of the Florida Virtual School.
  209         2. “Virtual instruction program” means a program of
  210  instruction provided in an interactive learning environment
  211  created through technology in which students are separated from
  212  their teachers by time or space, or both, and in which a
  213  certified teacher is responsible for planning instruction,
  214  diagnosing student learning needs, prescribing content delivery,
  215  assessing student learning, reporting outcomes, and evaluating
  216  the effects of instruction Florida-certified teacher under
  217  chapter 1012 is responsible for at least:
  218         a.Fifty percent of the direct instruction to students in
  219  kindergarten through grade 5; or
  220         b.Eighty percent of the direct instruction to students in
  221  grades 6 through 12.
  222         (b) Beginning with the 2009-2010 school year, Each school
  223  district shall provide eligible students within its boundaries
  224  the option of participating in a virtual instruction program.
  225  The purpose of the program is to make instruction available to
  226  students using online and distance learning technology in the
  227  nontraditional classroom. The program shall be:
  228         1. Full-time or part-time for students enrolled in
  229  kindergarten through grade 12.
  230         2. Full-time or part-time for students enrolled in dropout
  231  prevention and academic intervention programs under s. 1003.53
  232  or Department of Juvenile Justice education programs under s.
  233  1003.52 in grades 9 through 12.
  234         (c) To provide students with the option of participating in
  235  virtual instruction programs as required by paragraph (b), a
  236  school district may:
  237         1. Contract with the Florida Virtual School or establish a
  238  franchise of the Florida Virtual School for the provision of a
  239  program under paragraph (b). Using this option is subject to the
  240  requirements of this section and s. 1011.61(1)(c)1.b.(III) and
  241  (IV).
  242         2. Contract with an approved provider under subsection (2)
  243  for the provision of a full-time program under subparagraph
  244  (b)1. or a full-time or part-time program under subparagraph
  245  (b)2.
  246         3. Enter into an agreement with another school district to
  247  allow the participation of its students in an approved virtual
  248  instruction program provided by the other school district. The
  249  agreement must indicate a process for the transfer of funds
  250  required by paragraph (7)(b).
  251  
  252  Contracts under subparagraph 1. or subparagraph 2. may include
  253  multidistrict contractual arrangements that may be executed by a
  254  regional consortium for its member districts. A multidistrict
  255  contractual arrangement or an agreement under subparagraph 3. is
  256  not subject to s. 1001.42(4)(d) and does not require the
  257  participating school districts to be contiguous.
  258         (d) A charter school may enter into a joint agreement with
  259  the school district in which it is located for the charter
  260  school’s students to participate in the school district’s
  261  virtual instruction program.
  262         (2) PROVIDER QUALIFICATIONS.—
  263         (a) On or before October 31 of each year, the department
  264  shall provide an application form to providers seeking to
  265  operate a virtual instruction program. On or before March 1 of
  266  each year, the department shall annually provide school
  267  districts with a list of providers approved to offer virtual
  268  instruction programs. To be approved by the department, a
  269  provider must document that it:
  270         1. Is nonsectarian in its programs, admission policies,
  271  employment practices, and operations;
  272         2. Complies with the antidiscrimination provisions of s.
  273  1000.05;
  274         3. Locates an administrative office or offices in this
  275  state, requires its administrative staff to be state residents,
  276  Requires all instructional staff to be state-certified or
  277  nationally certified educators Florida-certified teachers under
  278  chapter 1012, and conducts background screenings for all
  279  employees or contracted personnel, as required by s. 1012.32,
  280  using state and national criminal history records;
  281         4. Possesses prior, successful experience offering online
  282  courses to elementary, middle, or high school students; and
  283         5. Is accredited by the Southern Association of Colleges
  284  and Schools Council on Accreditation and School Improvement, the
  285  North Central Association Commission on Accreditation and School
  286  Improvement, the Middle States Association of Colleges and
  287  Schools Commission on Elementary Schools and Commission on
  288  Secondary Schools, the New England Association of Schools and
  289  Colleges, the Northwest Association of Accredited Schools, the
  290  Western Association of Schools and Colleges, or the Commission
  291  on International and Trans-Regional Accreditation;.
  292         6. Has a detailed curriculum plan illustrating how students
  293  will be provided services to attain proficiency in the Sunshine
  294  State Standards;
  295         7. Has a method for determining that a student has
  296  satisfied the requirements for graduation in s. 1003.428, s.
  297  1003.429, or s. 1003.43, if the contract is for providing a
  298  full-time virtual instruction program to students in grades 9
  299  through 12; and
  300         8. Has provided to the department a parent handbook
  301  outlining parental participation and the required
  302  responsibilities to participate in the program.
  303         (b) An approved provider shall retain its approved status
  304  for a period of 3 years after the date of the department’s
  305  approval under paragraph (a) as long as the provider continues
  306  to comply with all requirements of this section.
  307         (3) SCHOOL DISTRICT VIRTUAL INSTRUCTION PROGRAM
  308  REQUIREMENTS.—Each school district virtual instruction program
  309  under this section must:
  310         (a) Align virtual course curriculum and course content to
  311  the Sunshine State Standards under s. 1003.41.
  312         (b) Offer instruction that is designed to enable a student
  313  to gain proficiency in each virtually delivered course of study.
  314         (c) Provide each student enrolled in the program with all
  315  the necessary instructional materials.
  316         (d) Provide, when appropriate, each full-time student
  317  enrolled in the program who meets the eligibility requirements
  318  for the free and reduced-price lunch program and who does not
  319  have a computer or Internet access in his or her home with:
  320         1. All equipment necessary for participants in the school
  321  district virtual instruction program, including, but not limited
  322  to, a computer, computer monitor, and printer, if a printer is
  323  required to participate in the program; and
  324         2. Access to or reimbursement for all Internet services
  325  necessary for online delivery of instruction.
  326         (e) Not require tuition or student registration fees.
  327         (f) Provide access to the local school district’s testing
  328  facilities to students enrolled in the virtual instruction
  329  program in a full-time virtual charter school or in the Florida
  330  Virtual School who are required to or who choose to participate
  331  in state assessments.
  332         (4) CONTRACT REQUIREMENTS.—Each contract with an approved
  333  provider must at minimum:
  334         (a)Set forth a detailed curriculum plan that illustrates
  335  how students will be provided services to attain proficiency in
  336  the Sunshine State Standards.
  337         (b)Provide a method for determining that a student has
  338  satisfied the requirements for graduation in s. 1003.428, s.
  339  1003.429, or s. 1003.43 if the contract is for the provision of
  340  a full-time virtual instruction program to students in grades 9
  341  through 12.
  342         (a)(c) Specify a method for resolving conflicts among the
  343  parties.
  344         (b)(d) Specify authorized reasons for termination of the
  345  contract.
  346         (c)(e) Require the approved provider to be responsible for
  347  all debts of the school district virtual instruction program if
  348  the contract is not renewed or is terminated.
  349         (d)(f) Require the approved provider to comply with all
  350  requirements of this section.
  351         (5) STUDENT ELIGIBILITY AND ENROLLMENT.—
  352         (a) A student who is a resident of the state may enroll in
  353  a virtual instruction program provided by the school district in
  354  which he or she resides or in a virtual instruction program
  355  provided by another school district that offers a program not
  356  offered in the student’s district of residence. if the student
  357  meets at least one of the following conditions:
  358         (b) Enrollment for the following school year shall be
  359  permitted from April 1 through the day prior to the start of the
  360  following school year. Enrollment during the current school year
  361  shall be permitted through October 1 of that school year.
  362         (a)The student has spent the prior school year in
  363  attendance at a public school in this state and was enrolled and
  364  reported by a public school district for funding during the
  365  preceding October and February for purposes of the Florida
  366  Education Finance Program surveys.
  367         (b)The student is a dependent child of a member of the
  368  United States Armed Forces who was transferred within the last
  369  12 months to this state from another state or from a foreign
  370  country pursuant to the parent’s permanent change of station
  371  orders.
  372         (c)The student was enrolled during the prior school year
  373  in a school district virtual instruction program under this
  374  section or a K-8 Virtual School Program under s. 1002.415.
  375         (6) STUDENT PARTICIPATION REQUIREMENTS.—Each student
  376  enrolled in a school district virtual instruction program must:
  377         (a) Comply with the compulsory attendance requirements of
  378  s. 1003.21. Student attendance must be verified by the school
  379  district.
  380         (b) Take state assessment tests within the school district
  381  in which such student resides, which must provide the student
  382  with access to the district’s testing facilities.
  383         (7) FUNDING.—
  384         (a) For purposes of a school district virtual instruction
  385  program, “full-time equivalent student” has the same meaning as
  386  provided in s. 1011.61(1)(c)1.b.(III) or (IV).
  387         (b) For a school district offering a virtual instruction
  388  program through a contract with another school district pursuant
  389  to subparagraph (1)(c)3., the school district in which the
  390  student resides shall report full-time equivalent students for
  391  the school district virtual instruction program to the
  392  department in a manner prescribed by the department, and funding
  393  shall be provided through the Florida Education Finance Program.
  394  Funds received by the school district of residence for a student
  395  in a virtual instruction program provided by another school
  396  district under this section shall be transferred to the school
  397  district providing the virtual instruction program.
  398         (c) For a school district offering a virtual instruction
  399  program pursuant to subparagraphs (1)(c)1. and 2., the school
  400  district providing the virtual instruction program to the
  401  student, regardless of the student’s district of residence,
  402  shall report full-time equivalent students for the school
  403  district virtual instruction program to the department in a
  404  manner prescribed by the department, and funding shall be
  405  provided through the Florida Education Finance Program.
  406         (8) ASSESSMENT AND ACCOUNTABILITY.—
  407         (a) Each approved provider contracted under this section
  408  must:
  409         1. Participate in the statewide assessment program under s.
  410  1008.22 and in the state’s education performance accountability
  411  system under s. 1008.31.
  412         2. Receive a school grade under s. 1008.34 or a school
  413  improvement rating under s. 1008.341, as applicable. The school
  414  grade or school improvement rating received by each approved
  415  provider shall be based upon the aggregated assessment scores of
  416  all students served by the provider statewide. The department
  417  shall publish the school grade or school improvement rating
  418  received by each approved provider on its Internet website.
  419         (b) The performance of part-time students in grades 9
  420  through 12 shall not be included for purposes of school grades
  421  or school improvement ratings under subparagraph (a)2.; however,
  422  their performance shall be included for school grading or school
  423  improvement rating purposes by the nonvirtual school providing
  424  the student’s primary instruction.
  425         (c)An approved provider that receives a school grade of
  426  “D” or “F” under s. 1008.34 or a school improvement rating of
  427  “Declining” under s. 1008.341 must file a school improvement
  428  plan with the department for consultation to determine the
  429  causes for low performance and to develop a plan for correction
  430  and improvement.
  431         (c)(d) An approved provider’s contract must be terminated
  432  if the provider receives a school grade of “D” or “F” under s.
  433  1008.34 or a school improvement rating of “Declining” under s.
  434  1008.341 for 2 years during any consecutive 4-year period. A
  435  provider that has a contract terminated under this paragraph may
  436  not be an approved provider for a period of at least 1 year
  437  after the date upon which the contract was terminated and until
  438  the department determines that the provider is in compliance
  439  with subsection (2) and has corrected each cause of the
  440  provider’s low performance.
  441         (9) EXCEPTIONS.—A provider of digital or online content or
  442  curriculum that is used to supplement the instruction of
  443  students who are not enrolled in a school district virtual
  444  instruction program under this section is not required to meet
  445  the requirements of this section.
  446         (10) MARKETING.—The Department of Education shall post on
  447  its website information for students regarding the virtual
  448  instruction programs available in each county. The information
  449  must also include information regarding a student’s right to
  450  participate in programs and courses offered by districts other
  451  than the one in which the student resides. Each school district
  452  shall differentiate between a school district virtual
  453  instruction program, the Florida Virtual School, and a home
  454  education program. Each school district shall provide
  455  information annually to parents and students about the parent’s
  456  and student’s right and the parent’s responsibilities to
  457  participate in a school district virtual instruction program
  458  under this section and in courses offered by the Florida Virtual
  459  School under s. 1002.37. Each school district must post
  460  information on its website regarding online opportunities,
  461  including a link to the approved providers’ websites.
  462         (11) RULES.—The State Board of Education shall adopt rules
  463  necessary to administer this section, including rules that
  464  prescribe school district reporting requirements under
  465  subsection (7).
  466         (12) STUDY.—The department shall review the advisability of
  467  legislatively authorizing school districts to contract with
  468  approved private providers for the provision of part-time
  469  virtual instruction programs for students in grades 9 through 12
  470  who are not enrolled in programs under ss. 1003.52 and 1003.53.
  471  The department shall report its findings and recommendations to
  472  the presiding officers of the Legislature and the Governor by
  473  January 15, 2010.
  474         Section 6. Subsection (1) of section 1003.428, Florida
  475  Statutes, is amended to read:
  476         1003.428 General requirements for high school graduation;
  477  revised.—
  478         (1) Except as otherwise authorized pursuant to s. 1003.429,
  479  beginning with students entering their first year of high school
  480  in the 2007-2008 school year, graduation requires the successful
  481  completion of a minimum of 24 credits, an International
  482  Baccalaureate curriculum, or an Advanced International
  483  Certificate of Education curriculum. Students must be advised of
  484  eligibility requirements for state scholarship programs and
  485  postsecondary admissions. For students entering their first year
  486  of high school in the 2009-2010 school year, at least one course
  487  shall be taken online. However, online courses taken during
  488  grades 6 through 8 shall count toward fulfilling this
  489  requirement.
  490         Section 7. Subsection (1) of section 1006.28, Florida
  491  Statutes, is amended to read:
  492         1006.28 Duties of district school board, district school
  493  superintendent; and school principal regarding K-12
  494  instructional materials.—
  495         (1) DISTRICT SCHOOL BOARD.—The district school board has
  496  the duty to provide adequate instructional materials for all
  497  students in accordance with the requirements of this part. The
  498  term “adequate instructional materials” means a sufficient
  499  number of textbooks or sets of materials that are available in
  500  bound, unbound, kit, or package form and may consist of hard
  501  backed or soft-backed textbooks, consumables, learning
  502  laboratories, manipulatives, electronic media, and computer
  503  hardware, courseware, or software that serve as the basis for
  504  instruction for each student in the core courses of mathematics,
  505  language arts, social studies, science, reading, and literature,
  506  except for instruction for which the school advisory council
  507  approves the use of a program that does not include a textbook
  508  as a major tool of instruction. The district school board has
  509  the following specific duties:
  510         (a) Courses of study; adoption.—Adopt courses of study for
  511  use in the schools of the district.
  512         (b) Textbooks.—Provide for proper requisitioning,
  513  distribution, accounting, storage, care, and use of all
  514  instructional materials furnished by the state and furnish such
  515  other instructional materials as may be needed. The district
  516  school board shall assure that instructional materials used in
  517  the district are consistent with the district goals and
  518  objectives and the curriculum frameworks adopted by rule of the
  519  State Board of Education, as well as with the state and district
  520  performance standards provided for in s. 1001.03(1).
  521         (c) Other instructional materials.—Provide such other
  522  teaching accessories and aids as are needed for the school
  523  district’s educational program.
  524         (d) School library media services; establishment and
  525  maintenance.—Establish and maintain a program of school library
  526  media services for all public schools in the district, including
  527  school library media centers, or school library media centers
  528  open to the public, and, in addition such traveling or
  529  circulating libraries as may be needed for the proper operation
  530  of the district school system.
  531         Section 8. Subsection (4) of section 1006.40, Florida
  532  Statutes, is amended to read:
  533         1006.40 Use of instructional materials allocation;
  534  instructional materials, library books, and reference books;
  535  repair of books.—
  536         (4) The funds described in subsection (3) which district
  537  school boards may use to purchase materials not on the state
  538  adopted list shall be used for the purchase of instructional
  539  materials or other items having intellectual content which
  540  assist in the instruction of a subject or course. These items
  541  may be available in bound, unbound, kit, or package form and may
  542  consist of hardbacked or softbacked textbooks, replacements for
  543  items which were part of previously purchased instructional
  544  materials, consumables, learning laboratories, manipulatives,
  545  electronic media, computer hardware, courseware, or software,
  546  and other commonly accepted instructional tools as prescribed by
  547  district school board rule. The funds available to district
  548  school boards for the purchase of materials not on the state
  549  adopted list may not be used to purchase electronic or computer
  550  hardware unless even if such hardware is bundled with software
  551  or other electronic media, nor may such funds be used to
  552  purchase equipment or supplies. However, when authorized to do
  553  so in the General Appropriations Act, a school or district
  554  school board may use a portion of the funds available to it for
  555  the purchase of materials not on the state-adopted list to
  556  purchase science laboratory materials and supplies.
  557         Section 9. Subsection (1) of section 1011.61, Florida
  558  Statutes, is amended to read:
  559         1011.61 Definitions.—Notwithstanding the provisions of s.
  560  1000.21, the following terms are defined as follows for the
  561  purposes of the Florida Education Finance Program:
  562         (1) A “full-time equivalent student” in each program of the
  563  district is defined in terms of full-time students and part-time
  564  students as follows:
  565         (a) A “full-time student” is one student on the membership
  566  roll of one school program or a combination of school programs
  567  listed in s. 1011.62(1)(c) for the school year or the equivalent
  568  for:
  569         1. Instruction in a standard school, comprising not less
  570  than 900 net hours for a student in or at the grade level of 4
  571  through 12, or not less than 720 net hours for a student in or
  572  at the grade level of kindergarten through grade 3 or in an
  573  authorized prekindergarten exceptional program;
  574         2. Instruction in a double-session school or a school
  575  utilizing an experimental school calendar approved by the
  576  Department of Education, comprising not less than the equivalent
  577  of 810 net hours in grades 4 through 12 or not less than 630 net
  578  hours in kindergarten through grade 3; or
  579         3. Instruction comprising the appropriate number of net
  580  hours set forth in subparagraph 1. or subparagraph 2. for
  581  students who, within the past year, have moved with their
  582  parents for the purpose of engaging in the farm labor or fish
  583  industries, if a plan furnishing such an extended school day or
  584  week, or a combination thereof, has been approved by the
  585  commissioner. Such plan may be approved to accommodate the needs
  586  of migrant students only or may serve all students in schools
  587  having a high percentage of migrant students. The plan described
  588  in this subparagraph is optional for any school district and is
  589  not mandated by the state.
  590         (b) A “part-time student” is a student on the active
  591  membership roll of a school program or combination of school
  592  programs listed in s. 1011.62(1)(c) who is less than a full-time
  593  student.
  594         (c)1. A “full-time equivalent student” is:
  595         a. A full-time student in any one of the programs listed in
  596  s. 1011.62(1)(c); or
  597         b. A combination of full-time or part-time students in any
  598  one of the programs listed in s. 1011.62(1)(c) which is the
  599  equivalent of one full-time student based on the following
  600  calculations:
  601         (I) A full-time student, except a postsecondary or adult
  602  student or a senior high school student enrolled in adult
  603  education when such courses are required for high school
  604  graduation, in a combination of programs listed in s.
  605  1011.62(1)(c) shall be a fraction of a full-time equivalent
  606  membership in each special program equal to the number of net
  607  hours per school year for which he or she is a member, divided
  608  by the appropriate number of hours set forth in subparagraph
  609  (a)1. or subparagraph (a)2. The difference between that fraction
  610  or sum of fractions and the maximum value as set forth in
  611  subsection (4) for each full-time student is presumed to be the
  612  balance of the student’s time not spent in such special
  613  education programs and shall be recorded as time in the
  614  appropriate basic program.
  615         (II) A prekindergarten handicapped student shall meet the
  616  requirements specified for kindergarten students.
  617         (III) A full-time equivalent student for students in
  618  kindergarten through grade 5 in a school district virtual
  619  instruction program under s. 1002.45, or in a charter school
  620  that offers full-time online instruction, shall consist of a
  621  student who has successfully completed six courses in, or
  622  learned the prescribed level of content of, a basic program
  623  listed in s. 1011.62(1)(c)1.a. or b., or and who is promoted to
  624  a higher grade level. A student who completes fewer than six
  625  courses in, or who fails to learn the prescribed level of
  626  content of, a basic program shall be calculated as a fraction of
  627  a full-time equivalent student. The State Board of Education
  628  shall adopt rules defining the term “a fraction of a full-time
  629  equivalent student” for students in grades kindergarten through
  630  5 who are enrolled in a virtual instruction program.
  631         (IV) A full-time equivalent student for students in grades
  632  6 through 12 in a school district virtual instruction program
  633  under s. 1002.45(1)(b)1. and 2., or in a charter school that
  634  offers full-time online instruction, shall consist of six full
  635  credit completions in programs listed in s. 1011.62(1)(c)1.b. or
  636  c. and 3. Credit completions can be a combination of either full
  637  credits or half credits.
  638         (V) A Florida Virtual School full-time equivalent student
  639  shall consist of six full credit or course completions in the
  640  programs listed in s. 1011.62(1)(c)1.a. and b. s.
  641  1011.62(1)(c)1.b. for grades kindergarten 6 through 8 and the
  642  programs listed in s. 1011.62(1)(c)1.c. for grades 9 through 12.
  643  Credit completions can be a combination of either full credits
  644  or half credits.
  645         (VI) Each successfully completed credit earned under the
  646  alternative high school course credit requirements authorized in
  647  s. 1002.375, which is not reported as a portion of the 900 net
  648  hours of instruction pursuant to subparagraph (1)(a)1., shall be
  649  calculated as 1/6 FTE.
  650         2. A student in membership in a program scheduled for more
  651  or less than 180 school days or the equivalent on an hourly
  652  basis as specified by rules of the State Board of Education is a
  653  fraction of a full-time equivalent membership equal to the
  654  number of instructional hours in membership divided by the
  655  appropriate number of hours set forth in subparagraph (a)1.;
  656  however, for the purposes of this subparagraph, membership in
  657  programs scheduled for more than 180 days is limited to students
  658  enrolled in juvenile justice education programs and the Florida
  659  Virtual School.
  660  
  661  The department shall determine and implement an equitable method
  662  of equivalent funding for experimental schools and for schools
  663  operating under emergency conditions, which schools have been
  664  approved by the department to operate for less than the minimum
  665  school day.
  666         Section 10. Section 1012.57, Florida Statutes, is amended
  667  to read:
  668         1012.57 Certification of adjunct educators.—
  669         (1) Notwithstanding the provisions of ss. 1012.32, 1012.55,
  670  and 1012.56, or any other provision of law or rule to the
  671  contrary, district school boards shall adopt rules to allow for
  672  the issuance of an adjunct teaching certificate to any applicant
  673  who fulfills the requirements of s. 1012.56(2)(a)-(f) and (10)
  674  and who has expertise in the subject area to be taught. An
  675  applicant shall be considered to have expertise in the subject
  676  area to be taught if the applicant demonstrates sufficient
  677  subject area mastery through passage of a subject area test. The
  678  adjunct teaching certificate shall be used for part-time
  679  teaching positions.
  680         (2)This section shall allow school districts to: The
  681  intent of this provision is to allow
  682         (a)School districts to Tap the wealth of talent and
  683  expertise represented in Florida’s citizens who may wish to
  684  teach part-time in a Florida public school by permitting school
  685  districts to issue adjunct certificates to qualified applicants;
  686  and
  687         (b) Tap the wealth of talent and expertise of in-state or
  688  out-of-state individuals who seek to provide online instruction
  689  to Florida students by permitting school districts to issue
  690  adjunct certificates to qualified applicants.
  691         (3) Adjunct certificateholders should be used as a strategy
  692  to:
  693         (a) Enhance the diversity of course offerings to all
  694  Florida students;
  695         (b) Provide rigorous courses in subjects for which there is
  696  not enough demand to require a full-time educator; or
  697         (c) Reduce the teacher shortage; thus, adjunct
  698  certificateholders should supplement a school’s instructional
  699  staff, not supplant it. Each school principal shall assign an
  700  experienced peer mentor to assist the adjunct teaching
  701  certificateholder during the certificateholder’s first year of
  702  teaching, and an adjunct certificateholder may participate in a
  703  district’s new teacher training program. District school boards
  704  shall provide the adjunct teaching certificateholder an
  705  orientation in classroom management prior to assigning the
  706  certificateholder to a school.
  707         (4) Each adjunct teaching certificate is valid during the
  708  term of the contract between the educator and the school
  709  district for 5 school years and is renewable if the applicant
  710  has received satisfactory performance evaluations during each
  711  year of teaching under adjunct teaching certification.
  712         (2)Individuals who are certified and employed under this
  713  section shall have the same rights and protection of laws as
  714  teachers certified under s. 1012.56.
  715         Section 11. This act shall take effect July 1, 2010.

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