THE BILL ITSELF
HB 129
The Florida Virtual School
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A bill to be entitled
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An act relating to the Florida Virtual School;
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amending s. 1002.37, F.S.; deleting provisions
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relating to the Florida Virtual School giving priority
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to certain students; revising who may call a board of
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trustees meeting; providing that the board of trustees
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may use supplemental funding sources to develop a
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state-of-the-art technology-based education delivery
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system; authorizing the Florida Virtual School to
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accrue supplemental revenue from direct-support
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organizations; revising which entities review and
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approve expenditures; revising which personnel are
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subject to policies of the board of trustees; deleting
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a requirement for the board of trustees to establish
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priorities for the admission of students; deleting a
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requirement for the board of trustees to establish
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performance and accountability measures; revising
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requirements for an annual report the board of
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trustees must submit to specified entities; revising
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which students are subject to specified requirements;
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making technical changes; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraphs (b) and (c) of subsection (1),
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subsections (2), (4), and (7), paragraph (b) of subsection (9),
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and paragraph (d) of subsection (10) of section 1002.37, Florida
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Statutes, are amended to read:
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1002.37 The Florida Virtual School.—
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(1)
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(b) The mission of the Florida Virtual School is to
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provide students with technology-based educational opportunities
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to gain the knowledge and skills necessary to succeed. The
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school shall serve all students any student in the state who
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meet meets the profile for success in this educational delivery
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context and shall give priority to:
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1. Students who need expanded access to courses in order
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to meet their educational goals, such as home education students
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and students in inner-city and rural high schools who do not
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have access to higher-level courses.
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2. Students seeking accelerated access in order to obtain
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a high school diploma at least one semester early.
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3. Students who are children of an active duty member of
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the United States Armed Forces who is not stationed in this
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state whose home of record or state of legal residence is
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Florida.
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(c) To ensure parents and students are informed of the
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opportunities offered by the Florida Virtual School, the
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commissioner shall provide the board of trustees of the Florida
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Virtual School access to the records of public school students
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in a format prescribed by the board of trustees.
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The board of trustees of the Florida Virtual School shall
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identify appropriate performance measures and standards based on
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student achievement that reflect the school's statutory mission
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and priorities, and shall implement an accountability system for
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the school that includes assessment of its effectiveness and
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efficiency in providing quality services that encourage high
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student achievement, seamless articulation, and maximum access.
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(2) The Florida Virtual School shall be governed by a
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board of trustees consisting comprised of seven members
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appointed by the Governor to 4-year staggered terms. The board
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of trustees shall be a public agency entitled to sovereign
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immunity pursuant to s. 768.28, and board members shall be
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public officers who shall bear fiduciary responsibility for the
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Florida Virtual School. The board of trustees shall have the
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following powers and duties:
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(a)1. The board of trustees shall meet at least 4 times
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each year, upon the call of the board chair, or at the request
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of a majority of the board membership, or at the request of the
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president and chief executive officer of the Florida Virtual
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School.
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2. The fiscal year for the Florida Virtual School shall be
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the state fiscal year as provided in s. 216.011(1)(q).
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(b) The board of trustees shall be responsible for the
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Florida Virtual School's development of a state-of-the-art
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technology-based education delivery system that is cost-
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effective, educationally sound, marketable, and capable of
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sustaining a self-sufficient delivery system through the Florida
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Education Finance Program and other supplemental funding
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sources.
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(c) The board of trustees shall aggressively seek avenues
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to generate revenue to support its future endeavors, and shall
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enter into agreements with distance learning providers. The
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board of trustees may acquire, enjoy, use, and dispose of
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patents, copyrights, and trademarks and any licenses and other
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rights or interests thereunder or therein. Ownership of all such
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patents, copyrights, trademarks, licenses, and rights or
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interests thereunder or therein shall vest in the state, with
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the board of trustees having full right of use and full right to
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retain the revenues derived therefrom. Any funds realized from
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patents, copyrights, trademarks, or licenses shall be considered
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internal funds as provided in s. 1011.07. Such funds shall be
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used to support the school's mission and its marketing, and
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research, and development activities in order to improve
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courseware and services to its students.
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(d) The board of trustees shall be responsible for the
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administration and control of all local school funds derived
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from all activities or sources and shall prescribe the
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principles and procedures to be followed in administering these
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funds.
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(e) The Florida Virtual School may accrue supplemental
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revenue from direct-support organizations and supplemental
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support organizations, which include, but are not limited to,
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alumni associations, foundations, parent-teacher associations,
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and booster associations. The governing body of each direct-
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support and supplemental support organization shall recommend
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the expenditure of moneys collected by the organization for the
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benefit of the school. Such expenditures shall be contingent
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upon the review and approval of the president and chief
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executive officer of the Florida Virtual School or authorized
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designees executive director. The executive director may
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override any proposed expenditure of the organization that would
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violate Florida law or breach sound educational management.
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(f) In accordance with law and rules of the State Board of
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Education, the board of trustees shall administer and maintain
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personnel programs for all employees of the board of trustees
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and the Florida Virtual School. The board of trustees may adopt
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rules, policies, and procedures related to the appointment,
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employment, and removal of personnel.
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1. The board of trustees shall determine the compensation,
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including salaries and fringe benefits, and other conditions of
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employment for such personnel.
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2. The board of trustees may establish and maintain a
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personnel loan or exchange program by which persons employed by
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the board of trustees for the Florida Virtual School as academic
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administrative and instructional staff may be loaned to, or
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exchanged with persons employed in like capacities by, public
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agencies either within or without this state, or by private
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industry. With respect to public agency employees, the program
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authorized by this subparagraph shall be consistent with the
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requirements of part II of chapter 112. The salary and benefits
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of board of trustees personnel participating in the loan or
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exchange program shall be continued during the period of time
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they participate in a loan or exchange program, and such
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personnel shall be deemed to have no break in creditable or
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continuous service or employment during such time. The salary
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and benefits of persons participating in the personnel loan or
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exchange program who are employed by public agencies or private
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industry shall be paid by the originating employers of those
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participants, and such personnel shall be deemed to have no
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break in creditable or continuous service or employment during
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such time.
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3. The employment of all Florida Virtual School academic
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administrative and instructional personnel or administrative
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personnel, as those terms are defined in s. 1012.01(2) and (3),
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respectively shall be subject to rejection for cause by the
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board of trustees, and shall be subject to policies of the board
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of trustees relative to certification, tenure, leaves of
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absence, sabbaticals, remuneration, and such other conditions of
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employment as the board of trustees deems necessary and proper,
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not inconsistent with law.
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4. Each person employed by the board of trustees in an
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academic administrative or instructional capacity with the
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Florida Virtual School shall be entitled to a contract as
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provided by policies rules of the board of trustees.
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5. All employees except temporary, seasonal, and student
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employees must may be state employees for the purpose of being
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eligible to participate in the Florida Retirement System and
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receive benefits. The classification and pay plan, including
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terminal leave and other benefits, and any amendments thereto,
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shall be subject to review and approval by the Department of
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Management Services and the Executive Office of the Governor
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prior to adoption.
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(g) The board of trustees shall establish priorities for
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admission of students in accordance with paragraph (1)(b).
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(h) The board of trustees shall establish and distribute
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to all school districts and high schools in the state procedures
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for enrollment of students in courses offered by the Florida
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Virtual School.
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(h)(i) The board of trustees shall establish criteria
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defining the elements of an approved franchise. The board of
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trustees may enter into contracts and franchise agreements with
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Florida district school boards and other public and private
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entities and governmental agencies and may establish the terms
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and conditions governing such contracts or agreements. The board
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of trustees shall establish the performance and accountability
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measures and report the performance of each school district
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franchise to the Commissioner of Education.
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(i)(j) The board of trustees shall submit to the State
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Board of Education both forecasted and actual enrollments and
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credit completions for the Florida Virtual School, according to
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procedures established by the State Board of Education. At a
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minimum, such procedures must include the number of public,
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private, and home education students served by program and by
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county of residence.
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(j)(k) The board of trustees shall provide for the content
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and custody of student and employee personnel records. Student
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records shall be subject to the provisions of s. 1002.22.
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Employee records shall be subject to the provisions of s.
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1012.31.
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(k)(l) The financial records and accounts of the Florida
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Virtual School shall be maintained under the direction of the
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board of trustees and under rules adopted by the State Board of
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Education for the uniform system of financial records and
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accounts for the schools of the state.
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The Governor shall designate the initial chair of the board of
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trustees to serve a term of 4 years. Members of the board of
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trustees shall serve without compensation, but may be reimbursed
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for per diem and travel expenses pursuant to s. 112.061. The
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board of trustees shall be a body corporate with all the powers
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of a body corporate and such authority as is needed for the
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proper operation and improvement of the Florida Virtual School.
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The board of trustees is specifically authorized to adopt rules,
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policies, and procedures, consistent with law and rules of the
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State Board of Education related to governance, personnel,
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budget and finance, administration, programs, curriculum and
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instruction, travel and purchasing, technology, students,
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contracts and grants, and property as necessary for optimal,
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efficient operation of the Florida Virtual School. Tangible
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personal property owned by the board of trustees shall be
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subject to the provisions of chapter 273.
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(4) School districts operating a virtual school that is an
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approved franchise of the Florida Virtual School may count full-
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time equivalent students, as provided in paragraph (3)(a), if
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such school has been certified as an approved franchise by the
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Commissioner of Education based on criteria established by the
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board of trustees pursuant to paragraph (2)(h) (2)(i).
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(7) The board of trustees shall annually submit to the
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Governor, the Legislature, the Commissioner of Education, and
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the State Board of Education the audit report prepared pursuant
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to subsection (6) and a complete and detailed report setting
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forth:
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(a) the operations and accomplishments of the Florida
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Virtual School within the state and those occurring outside the
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state as Florida Virtual School Global.
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(b) The marketing and operational plan for the Florida
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Virtual School and Florida Virtual School Global, including
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recommendations regarding methods for improving the delivery of
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education through the Internet and other distance learning
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technology.
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(c) The assets and liabilities of the Florida Virtual
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School and Florida Virtual School Global at the end of the
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fiscal year.
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(d) Recommendations regarding the unit cost of providing
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services to students through the Florida Virtual School and
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Florida Virtual School Global. In order to most effectively
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develop public policy regarding any future funding of the
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Florida Virtual School, it is imperative that the cost of the
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program is accurately identified. The identified cost of the
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program must be based on reliable data.
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(e) Recommendations regarding an accountability mechanism
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to assess the effectiveness of the services provided by the
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Florida Virtual School and Florida Virtual School Global.
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(9)
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(b) For students receiving full-time or part-time
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instruction in kindergarten through grade 5 and students
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receiving full-time instruction in kindergarten through grade 12
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from the Florida Virtual School, the full-time equivalent
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student enrollment calculated under this subsection is subject
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to the requirements in s. 1011.61(3).
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(10)
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(d) Unless an alternative testing site is mutually agreed
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to by the Florida Virtual School and the school district or as
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contracted under s. 1008.24, all industry certification
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examinations, national assessments, progress monitoring under s.
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1008.25(9), and statewide assessments must be taken at the
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school to which the student would be assigned according to
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district school board attendance areas. A school district must
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provide the student with access to the school's testing
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facilities, a test administrator, and the date and time of the
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administration of progress monitoring and each examination or
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assessment.
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This act shall take effect July 1, 2026. Section 2.