Bill Amendment: FL H7029 | 2013 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Education
Status: 2013-07-01 - Chapter No. 2013-225, companion bill(s) passed, see SB 1514 (Ch. 2013-45) [H7029 Detail]
Download: Florida-2013-H7029-Senate_Floor_Amendment_Delete_All_566240.html
Bill Title: Education
Status: 2013-07-01 - Chapter No. 2013-225, companion bill(s) passed, see SB 1514 (Ch. 2013-45) [H7029 Detail]
Download: Florida-2013-H7029-Senate_Floor_Amendment_Delete_All_566240.html
Florida Senate - 2013 SENATOR AMENDMENT
Bill No. CS for HB 7029
Barcode 566240
LEGISLATIVE ACTION
Senate . House
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Floor: WD .
04/30/2013 07:33 PM .
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Senator Brandes moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (23) of section 1001.42, Florida
6 Statutes, is amended to read:
7 1001.42 Powers and duties of district school board.—The
8 district school board, acting as a board, shall exercise all
9 powers and perform all duties listed below:
10 (23) FLORIDA VIRTUAL INSTRUCTION SCHOOL.—Provide students
11 with access to courses available through a virtual instruction
12 program option or the Florida Virtual School and award credit
13 for successful completion of such courses. Access shall be
14 available to students during and after the normal school day and
15 through summer school enrollment.
16 Section 2. Subsection (6) is added to section 1002.321,
17 Florida Statutes is amended, to read:
18 1002.321 Digital learning.—
19 (6) ONLINE CATALOG.—The department shall develop an online
20 catalog of available digital learning courses provided pursuant
21 to ss. 1002.37, 1002.45, and 1003.498, which provides, for each
22 course, access to the course description, completion and passage
23 rates, and a method for student and teacher users to provide
24 evaluative feedback.
25 Section 3. Subsection (6) and paragraph (c) of subsection
26 (9) of section 1002.37, Florida Statutes, are amended, and
27 subsection (11) is added to that section, to read:
28 1002.37 The Florida Virtual School. —
29 (6) The board of trustees shall annually submit to the
30 Governor, the Legislature, the Commissioner of Education, and
31 the State Board of Education a complete and detailed report
32 setting forth:
33 (a) The operations and accomplishments of the Florida
34 Virtual School within the state and those occurring outside the
35 state as Florida Virtual School Global.
36 (b) The marketing and operational plan for the Florida
37 Virtual School and Florida Virtual School Global, including
38 recommendations regarding methods for improving the delivery of
39 education through the Internet and other distance learning
40 technology.
41 (c) The assets and liabilities of the Florida Virtual
42 School and Florida Virtual School Global at the end of the
43 fiscal year.
44 (d) A copy of an annual financial audit of the accounts and
45 records of the Florida Virtual School and Florida Virtual School
46 Global, conducted by an independent certified public accountant
47 and performed in accordance with rules adopted by the Auditor
48 General.
49 (e) Recommendations regarding the unit cost of providing
50 services to students through the Florida Virtual School and
51 Florida Virtual School Global. In order to most effectively
52 develop public policy regarding any future funding of the
53 Florida Virtual School, it is imperative that the cost of the
54 program is accurately identified. The identified cost of the
55 program must be based on reliable data.
56 (f) Recommendations regarding an accountability mechanism
57 to assess the effectiveness of the services provided by the
58 Florida Virtual School and Florida Virtual School Global.
59 (9)
60 (c) Unless an alternative testing site is mutually agreed
61 to by the Florida Virtual School and the school district or as
62 contracted under s. 1008.24, all statewide assessments must be
63 taken at the school to which the student would be assigned
64 according to district school board attendance areas. A school
65 district must provide the student with access to the school’s
66 testing facilities.
67 (11) The Auditor General shall conduct an operational audit
68 of the Florida Virtual School, including Florida Virtual School
69 Global. The scope of the audit shall include, but not be limited
70 to, the administration of responsibilities relating to
71 personnel; procurement and contracting; revenue production;
72 school funds, including internal funds; student enrollment
73 records; franchise agreements; information technology
74 utilization, assets, and security; performance measures and
75 standards; and accountability. The final report on the audit
76 shall be submitted to the President of the Senate and the
77 Speaker of the House of Representatives no later than January
78 31, 2014.
79 Section 4. Paragraphs (b), (c), and (d) of subsection (1),
80 paragraph (a) of subsection (2), and paragraph (a) of subsection
81 (8) of section 1002.45, Florida Statutes, are amended to read:
82 1002.45 Virtual instruction programs.—
83 (1) PROGRAM.—
84 (b) Each school district that is eligible for the sparsity
85 supplement pursuant to s. 1011.62(7)(a) and (b) shall provide
86 all enrolled public school students within its boundaries the
87 option of participating in part-time and full-time virtual
88 instruction programs. Each school district that is not eligible
89 for the sparsity supplement pursuant to s. 1011.62(7)(a) and (b)
90 shall provide at least three options for part-time and full-time
91 virtual instruction. All school districts must provide parents
92 with timely written notification of at least one open enrollment
93 period for full-time students of 90 days or more which ends 30
94 days before the first day of the school year. The purpose of the
95 program is to make quality virtual instruction available to
96 students using online and distance learning technology in the
97 nontraditional classroom. A school district virtual instruction
98 program shall consist of the following:
99 1. Full-time and part-time virtual instruction for students
100 enrolled in kindergarten through grade 12.
101 2. Part-time virtual instruction consisting of an
102 individual course or courses, including massive open online
103 courses or remedial education associated with the courses that
104 are measured pursuant to subparagraph (8)(a)2., for students
105 enrolled in kindergarten through grade 12 courses that are
106 measured pursuant to subparagraph (8)(a)2. Massive open online
107 courses may be authorized in the following subject areas:
108 Algebra I, biology, geometry, and civics.
109 3. Full-time or part-time virtual instruction for students
110 enrolled in dropout prevention and academic intervention
111 programs under s. 1003.53, Department of Juvenile Justice
112 education programs under s. 1003.52, core-curricula courses
113 delivered in a virtual learning laboratory on a school campus to
114 meet class size requirements under s. 1003.03, or Florida
115 College System institutions under this section.
116 (c) To provide students with the option of participating in
117 virtual instruction programs as required by paragraph (b), a
118 school district may:
119 1. Contract with the Florida Virtual School or establish a
120 franchise of the Florida Virtual School for the provision of a
121 program under paragraph (b). Using this option is subject to the
122 requirements of this section and s. 1011.61(1)(c)1.b.(III) and
123 (IV).
124 2. Contract with an approved provider under subsection (2)
125 for the provision of a full-time or part-time program under
126 paragraph (b) subparagraph (b)1. or subparagraph (b)3. or a
127 part-time program under subparagraph (b)2. or subparagraph (b)3.
128 3. Enter into an agreement with other school districts to
129 allow the participation of its students in an approved virtual
130 instruction program provided by the other school district. The
131 agreement must indicate a process for the transfer of funds
132 required by paragraph (7)(f).
133 4. Establish school district operated part-time or full
134 time kindergarten through grade 12 virtual instruction programs
135 under paragraph (b) for students enrolled in the school
136 district. A full-time program shall operate under its own Master
137 School Identification Number.
138 5. Enter into an agreement with a virtual charter school
139 authorized by the school district under s. 1002.33.
140
141 Contracts under subparagraph 1. or subparagraph 2. may include
142 multidistrict contractual arrangements that may be executed by a
143 regional consortium for its member districts. A multidistrict
144 contractual arrangement or an agreement under subparagraph 3. is
145 not subject to s. 1001.42(4)(d) and does not require the
146 participating school districts to be contiguous. These
147 arrangements may be used to fulfill the requirements of
148 paragraph (b).
149 (d) A virtual charter school may provide full-time virtual
150 instruction for students in kindergarten through grade 12 if the
151 virtual charter school has a charter approved pursuant to s.
152 1002.33 authorizing full-time virtual instruction. A virtual
153 charter school may:
154 1. Contract with the Florida Virtual School.
155 2. Contract with an approved provider under subsection (2).
156 3. Be an approved provider under subsection (2).
157 4.3. Enter into an agreement with a school district to
158 allow the participation of the virtual charter school’s students
159 in the school district’s virtual instruction program. The
160 agreement must indicate a process for reporting of student
161 enrollment and the transfer of funds required by paragraph
162 (7)(f).
163 (2) PROVIDER QUALIFICATIONS.—
164 (a) The department shall annually publish online a list of
165 providers approved to offer virtual instruction programs or
166 online courses, including, but not limited to, massive open
167 online courses and instruction included under subparagraph
168 (1)(b)2. To be approved by the department, a provider must
169 document that it:
170 1. Is nonsectarian in its programs, admission policies,
171 employment practices, and operations;
172 2. Complies with the antidiscrimination provisions of s.
173 1000.05;
174 3. Locates a registered agent and meets the requirements of
175 s. 617.0503 or locates an administrative office or offices in
176 this state, requires its administrative staff to be state
177 residents or citizens of the United States, requires all
178 instructional staff to be Florida-certified teachers under
179 chapter 1012 or certified as adjunct educators under s. 1012.57,
180 and conducts background screenings for all employees or
181 contracted personnel, as required by s. 1012.32, using state and
182 national criminal history records;
183 4. Provides to parents and students specific information
184 posted and accessible online which includes, but is not limited
185 to, the following teacher-parent and teacher-student contact
186 information for each course:
187 a. How to contact the instructor via telephone, e-mail, or
188 online messaging tools.
189 b. How to contact technical support via telephone, e-mail,
190 or online messaging tools.
191 c. How to contact the administration office or an
192 individual offering online courses, including, but not limited
193 to, massive open online courses, via telephone, e-mail, or
194 online messaging tools.
195 d. Any requirement for regular contact with the instructor
196 for the course and clear expectations for meeting the
197 requirement.
198 e. A requirement that the instructor in each course, with
199 the exception of entities offering online courses, including,
200 but not limited to, massive open online courses, must, at a
201 minimum, conduct one contact via telephone with the parent and
202 the student each month;
203 5.4. Possesses prior, successful experience offering online
204 courses to elementary, middle, or high school students as
205 demonstrated by quantified student learning data gains in each
206 subject area and grade level provided for consideration as an
207 instructional program option. However, for a provider without
208 sufficient prior, successful experience offering online courses,
209 the department may conditionally approve the provider to offer
210 courses measured pursuant to subparagraph (8)(a)2. Conditional
211 approval is valid for a maximum of 2 years with a review at the
212 end of the first year. Renewal of provider approval is
213 contingent on sufficient performance data available
214 demonstrating success in accordance with this section and State
215 Board of Education rule;
216 6.5. Is accredited by a regional accrediting association as
217 defined by State Board of Education rule;
218 7.6. Ensures instructional and curricular quality through a
219 detailed curriculum and student performance accountability plan
220 that addresses every subject and grade level it intends to
221 provide through contract with the school district, including:
222 a. Courses and programs that meet the standards of the
223 International Association for K-12 Online Learning and the
224 Southern Regional Education Board.
225 b. Instructional content and services that align with, and
226 measure student attainment of, student proficiency in the Next
227 Generation Sunshine State Standards.
228 c. Mechanisms that determine and ensure that a student has
229 satisfied requirements for grade level promotion and high school
230 graduation with a standard diploma, as appropriate;
231 8.7. Publishes for the general public, in accordance with
232 disclosure requirements adopted in rule by the State Board of
233 Education, as part of its application as a provider and in all
234 contracts negotiated pursuant to this section:
235 a. Information and data about the curriculum of each full
236 time and part-time program.
237 b. School policies and procedures.
238 c. Certification status and physical location of all
239 administrative and instructional personnel.
240 d. Hours and times of availability of instructional
241 personnel.
242 e. Student-teacher ratios.
243 f. Student completion and promotion rates.
244 g. Student, educator, and school performance accountability
245 outcomes;
246 9.8. If the provider is a Florida College System
247 institution, employs instructors who meet the certification
248 requirements for instructional staff under chapter 1012; and
249 10.9. Performs an annual financial audit of its accounts
250 and records conducted by an independent certified public
251 accountant which is in accordance with rules adopted by the
252 Auditor General, is conducted in compliance with generally
253 accepted auditing standards, and includes a report on financial
254 statements presented in accordance with generally accepted
255 accounting principles.
256
257 A person or organization that seeks to offer online courses
258 pursuant to this paragraph is not subject to sub-subparagraphs
259 8.a. and b., subparagraphs 6., 9., and 10., and paragraphs
260 (8)(c) and (d).
261 (8) ASSESSMENT AND ACCOUNTABILITY.—
262 (a) Each approved provider contracted under this section
263 must:
264 1. Participate in the statewide assessment program under s.
265 1008.22 and in the state’s education performance accountability
266 system under s. 1008.31.
267 2. Receive a school grade under s. 1008.34 or a school
268 improvement rating under s. 1008.341, as applicable. The school
269 grade or school improvement rating received by each approved
270 provider shall be based upon the aggregated assessment scores of
271 all students served by the provider statewide. The department
272 shall publish the school grade or school improvement rating
273 received by each approved provider on its Internet website. The
274 department shall develop an evaluation method for providers of
275 part-time programs and courses which includes the percentage of
276 students making learning gains, the percentage of students
277 successfully passing any required end-of-course assessment, the
278 percentage of students taking Advanced Placement examinations,
279 and the percentage of students scoring 3 or higher on an
280 Advanced Placement examination.
281 Section 5. Paragraph (b) of subsection (3) of section
282 1002.455, Florida Statutes, is amended to read:
283 1002.455 Student eligibility for K-12 virtual instruction.—
284 (3) The virtual instruction options for which this
285 eligibility section applies include:
286 (b) Full-time or part-time virtual charter school
287 instruction authorized under s. 1002.33.
288 Section 6. Subsection (14) of section 1003.01, Florida
289 Statutes, is amended to read:
290 1003.01 Definitions.—As used in this chapter, the term:
291 (14) “Core-curricula courses” means:
292 (a) Courses in language arts/reading, mathematics, social
293 studies, and science in prekindergarten through grade 3,
294 excluding any extracurricular courses pursuant to subsection
295 (15);
296 (b) Courses in grades 4 through 8 in subjects that are
297 measured by state assessment at any grade level and courses
298 required for middle school promotion, excluding any
299 extracurricular courses pursuant to subsection (15);
300 (c) Courses in grades 9 through 12 in subjects that are
301 measured by state assessment at any grade level and courses that
302 are specifically identified by name in statute as required for
303 high school graduation and that are not measured by state
304 assessment, excluding any extracurricular courses pursuant to
305 subsection (15);
306 (d) Exceptional student education courses; and
307 (e) English for Speakers of Other Languages courses.
308
309 The term is limited in meaning and used for the sole purpose of
310 designating classes that are subject to the maximum class size
311 requirements established in s. 1, Art. IX of the State
312 Constitution. This term does not include courses offered under
313 ss. 1002.321(4)(e), 1002.33(7)(a)2.b., 1002.37, 1002.415, and
314 1002.45.
315 Section 7. Section 1003.498, Florida Statues, is amended to
316 read:
317 1003.498 School district virtual course offerings.—
318 (1) School districts may deliver courses in the traditional
319 school setting by personnel certified pursuant to s. 1012.55 who
320 provide direct instruction through virtual instruction or
321 through blended learning courses consisting of both traditional
322 classroom and online instructional techniques. Students in a
323 blended learning course must be full-time students of the school
324 and receive the online instruction in a classroom setting at the
325 school. The funding, performance, and accountability
326 requirements for blended learning courses are the same as those
327 for traditional courses. To facilitate the delivery and coding
328 of blended learning courses, the department shall provide
329 identifiers for existing courses to designate that they are
330 being used for blended learning courses for the purpose of
331 ensuring the efficient reporting of such courses.
332 (2) School districts may offer virtual courses for students
333 enrolled in the school district. These courses must be
334 identified in the course code directory. Students who meet the
335 eligibility requirements of s. 1002.455 may participate in these
336 virtual course offerings.
337 (a) Any eligible student who is enrolled in a school
338 district may register and enroll in an online course offered by
339 his or her school district.
340 (b)1. Any eligible student who is enrolled in a school
341 district may register and enroll in an online course offered by
342 any other school district in the state, except as limited by the
343 following:
344 1. A student may not enroll in a course offered through a
345 virtual instruction program provided pursuant to s. 1002.45.
346 2. A student may not enroll in a virtual course offered by
347 another school district if:
348 a. The course is offered online by the school district in
349 which the student resides; or
350 b. The course is offered in the school in which the student
351 is enrolled. However, a student may enroll in an online course
352 offered by another school district if the school in which the
353 student is enrolled offers the course but the student is unable
354 to schedule the course in his or her school.
355 3. The school district in which the student completes the
356 course shall report the student’s completion of that course for
357 funding pursuant to s. 1011.61(1)(c)1.b.(VI), and the home
358 school district shall not report the student for funding for
359 that course.
360 2. For purposes of this paragraph, the combined total of
361 all school district reported FTE may not be reported as more
362 than 1.0 full-time equivalent student in any given school year.
363 The Department of Education shall establish procedures to enable
364 interdistrict coordination for the delivery and funding of this
365 online option.
366 (3) Access to courses shall be available to students during
367 the normal school day. A school district may not require a
368 public school student to take a course outside the school day
369 which is in addition to the student’s courses for a given term
370 or on school grounds.
371 Section 8. Section 1003.499, Florida Statutes, is created
372 to read:
373 1003.499 Florida Approved Courses and Tests (FACT)
374 Initiative.—
375 (1) PURPOSE.—
376 (a) The purpose of the initiative shall be to make
377 available multiple options to suit unique student interests,
378 satisfy educational requirements, and accelerate student
379 accomplishment of goals in a productive and effective manner.
380 The Legislature intends that state and local rules, policies,
381 and administrative decisions are flexible in interpreting and
382 implementing the requirements in this section in order to
383 encourage creative, innovative, resourceful, and forward
384 thinking practices that can be modeled throughout this state and
385 the country.
386 (b) Beginning in the 2015-2016 school year, the Florida
387 Approved Courses and Tests (FACT) Initiative shall be
388 implemented to expand student choices in selecting high-quality
389 online courses, including, but not limited to, massive open
390 online courses and instruction included under subsection (2) for
391 promotion or graduation. Such courses and instruction may be
392 provided using a blended learning model that shall include
393 components, such as differentiated instruction, flexible
394 scheduling, differentiated teaching, and self-paced learning.
395 Instruction through the blended learning model may be provided
396 using online instructional videos, online class forums, and
397 online homework assignments and projects, coupled with one-on
398 one direct instructional support to students.
399 (2) FLORIDA APPROVED COURSES AND ASSESSMENTS.—The
400 Department of Education shall annually publish online a list of
401 providers approved to offer Florida approved courses which shall
402 be listed in the online catalog pursuant to s. 1002.321(6).
403 (a) As used in this section, the term “Florida approved
404 courses” means online courses provided by individuals which
405 include, but are not limited to, massive open online courses or
406 remedial education associated with the courses that are measured
407 pursuant to s. 1002.45(8)(a)2. Massive open online courses may
408 be authorized in following subject areas: Algebra I, biology,
409 geometry, and civics. Courses may be applied toward requirements
410 for promotion or graduation in whole, in subparts, or in a
411 combination of whole and subparts. A student may not be required
412 to repeat subparts that are satisfactorily completed.
413 (b) Assessments associated with a course must be
414 established by regionally accredited public institutions and
415 must be approved in accordance with subsection (3). The
416 assessments may be applied as one whole assessment or as two or
417 more discrete subassessments such that when combined, they are
418 equivalent to the whole assessment. A student may not be
419 required to repeat subassessments that are satisfactorily
420 completed. Assessments and subassessments shall be administered
421 pursuant to s. 1008.24.
422 (c) A Florida approved course and its associated
423 assessments must be annually identified, approved, published,
424 and shared for consideration by interested students and school
425 districts. The Commissioner of Education shall approve each
426 Florida approved course and its associated assessments for
427 application in K-12 public schools in accordance with rules of
428 the State Board of Education.
429 (3) PROVIDER REQUIREMENTS.—
430 (a) To be approved by the Department of Education, an
431 individual provider must provide all the following documentation
432 that demonstrates that he or she:
433 1. Is nonsectarian regarding courses, enrollment policies,
434 employment practices, and operations.
435 2. Complies with the antidiscrimination provisions of s.
436 1000.05.
437 3. Locates a registered agent and meets the requirements of
438 s. 617.0503 or locates an administrative office or offices in
439 this state, requires the administrative staff to be residents or
440 citizens of the United States, requires all instructional staff
441 to be Florida-certified teachers under chapter 1012 or certified
442 as adjunct educators under s. 1012.57, and conducts background
443 screenings for all employees or contracted personnel, as
444 required by s. 1012.32, using state and national criminal
445 history records.
446 4. Provides to parents and students specific information
447 posted and accessible online which includes, but is not limited
448 to, the following teacher-parent and teacher-student contact
449 information for each course:
450 a. How to contact the instructor via telephone, e-mail, or
451 online messaging tools.
452 b. How to contact technical support via telephone, e-mail,
453 or online messaging tools.
454 c. How to contact the administration office or an
455 individual offering online courses, including, but not limited
456 to, massive open online courses, via telephone, e-mail, or
457 online messaging tools.
458 d. Any requirement for regular contact with the instructor
459 for the course and clear expectations for meeting the
460 requirement.
461 5. Possesses prior, successful experience offering online
462 courses to elementary, middle, or high school students as
463 demonstrated by quantified student learning data in each subject
464 area and grade level provided for consideration as an
465 instructional program option. However, for a provider without
466 sufficient prior, successful experience offering online courses,
467 the department may conditionally approve the provider to offer
468 courses measured by statewide assessment program pursuant to s.
469 1008.22. Conditional approval is valid for 1 year. Renewal of
470 provider approval is contingent on sufficient performance data
471 available demonstrating success in accordance with this section
472 and State Board of Education rule.
473 6. Ensures instructional and curricular quality through a
474 detailed curriculum and student performance accountability plan
475 that addresses every subject and grade level it intends to
476 provide through contract with the school district, including all
477 of the following:
478 a. Courses and programs that meet the standards of the
479 International Association for K-12 Online Learning and the
480 Southern Regional Education Board.
481 b. Instructional content and services that align with, and
482 measure student attainment of, student proficiency in the Next
483 Generation Sunshine State Standards.
484 c. Mechanisms that determine and ensure that a student has
485 satisfied requirements for grade level promotion and high school
486 graduation with a standard diploma, as appropriate.
487 7. Publishes for the general public, in accordance with
488 disclosure requirements adopted in rule by the State Board of
489 Education, as part of its application as a provider and in all
490 contracts negotiated pursuant to this section all of the
491 following information:
492 a. Certification status and physical location of all
493 administrative and instructional personnel.
494 b. Hours and times of availability of instructional
495 personnel.
496 c. Student-teacher ratios.
497 d. Student completion and promotion rates.
498 e. Student, educator, and school performance accountability
499 outcomes.
500 (b) Each approved provider contracted under this section
501 must participate in the statewide assessment program under s.
502 1008.22 and in the state’s education performance accountability
503 system under s. 1008.31.
504 Section 9. Section 1004.0961, Florida Statutes, is created
505 to read:
506 1004.0961 Credit for online courses.—Beginning in the 2015
507 2016 school year, the State Board of Education and the Board of
508 Governors shall adopt rules that enable students to earn
509 academic credit from online courses, including massive open
510 online courses. The rules of the State Board of Education and
511 rules of the Board of Governors must include procedures for
512 credential evaluation and the award of credit, including, but
513 not limited to, recommendations for credit by the American
514 Council on Education, equivalency and alignment of coursework
515 with appropriate courses, course descriptions, type and amount
516 of credit that may be awarded, and transfer of credit.
517 Section 10. Section 1008.24, Florida Statutes, is amended
518 to read:
519 1008.24 Test administration and security.—
520 (1) A person may not It is unlawful for anyone knowingly
521 and willfully to violate test security rules adopted by the
522 State Board of Education for mandatory tests administered by or
523 through the State Board of Education or the Commissioner of
524 Education to students, educators, or applicants for
525 certification or administered by school districts pursuant to s.
526 1008.22, or, with respect to any such test, knowingly and
527 willfully to:
528 (a) Give examinees access to test questions prior to
529 testing;
530 (b) Copy, reproduce, or use in any manner inconsistent with
531 test security rules all or any portion of any secure test
532 booklet;
533 (c) Coach examinees during testing or alter or interfere
534 with examinees’ responses in any way;
535 (d) Make answer keys available to examinees;
536 (e) Fail to follow security rules for distribution and
537 return of secure test as directed, or fail to account for all
538 secure test materials before, during, and after testing;
539 (f) Fail to follow test administration directions specified
540 in the test administration manuals; or
541 (g) Participate in, direct, aid, counsel, assist in, or
542 encourage any of the acts prohibited in this section.
543 (2) A Any person who violates this section commits a
544 misdemeanor of the first degree, punishable as provided in s.
545 775.082 or s. 775.083.
546 (3) A school district may contract with qualified
547 contractors to administer and proctor statewide, standardized
548 assessments required under s. 1008.22 or assessments associated
549 with Florida-accredited courses under s. 1003.499, as approved
550 by the Department of Education in accordance with rules of the
551 State Board of Education. Assessments may be administered or
552 proctored by qualified contractors at sites that meet criteria
553 established by rules of the State Board of Education and adopted
554 pursuant to ss. 120.536(1) and 120.54 to implement the
555 contracting requirements of this subsection.
556 (4)(3)(a) A district school superintendent, a president of
557 a public postsecondary educational institution, or a president
558 of a nonpublic postsecondary educational institution shall
559 cooperate with the Commissioner of Education in any
560 investigation concerning the administration of a test
561 administered pursuant to state statute or rule.
562 (b) The identity of a school or postsecondary educational
563 institution, the personally identifiable information of any
564 personnel of any school district or postsecondary educational
565 institution, or any specific allegations of misconduct obtained
566 or reported pursuant to an investigation conducted by the
567 Department of Education of a testing impropriety are
568 confidential and exempt from the provisions of s. 119.07(1) and
569 s. 24(a), Art. I of the State Constitution until the conclusion
570 of the investigation or until such time as the investigation
571 ceases to be active. For the purpose of this paragraph, an
572 investigation shall be deemed concluded upon a finding that no
573 impropriety has occurred, upon the conclusion of any resulting
574 preliminary investigation pursuant to s. 1012.796, upon the
575 completion of any resulting investigation by a law enforcement
576 agency, or upon the referral of the matter to an employer who
577 has the authority to take disciplinary action against an
578 individual who is suspected of a testing impropriety. For the
579 purpose of this paragraph, an investigation shall be considered
580 active so long as it is ongoing and there is a reasonable, good
581 faith anticipation that an administrative finding will be made
582 in the foreseeable future. This paragraph is subject to the Open
583 Government Sunset Review Act in accordance with s. 119.15 and
584 shall stand repealed on October 2, 2014, unless reviewed and
585 saved from repeal through reenactment by the Legislature.
586 (5) Exceptional students with disabilities, as defined in
587 s. 1003.01(3), shall have access to testing sites. The
588 Department of Education and each school district shall adopt
589 policies that are necessary to ensure such access.
590 Section 11. By August 30, 2013, the Department of Education
591 shall contract with a qualified contractor to review and provide
592 recommendations for online courses, including massive open
593 online courses, and competency-based online courses for K-12 and
594 postsecondary education. The recommendations must, at a minimum,
595 include the following components: improving access to the online
596 courses, and approving, funding, holding providers accountable,
597 and awarding credit for such courses. The department shall
598 identify measures of quality based upon student outcomes, such
599 as completion and achievement rates correlated appropriately to
600 each delivery model; measures for students to demonstrate
601 competency, such as prior learning assessments, end-of-course
602 exams, and other tools; and opportunities to use online courses,
603 including massive open online courses delivered in modules or
604 segments to provide instruction pursuant to s. 1002.45(1)(b)2.,
605 Florida Statutes, for students in K-12 education. The department
606 shall provide findings and recommendations to the Executive
607 Office of the Governor, the President of the Senate, and the
608 Speaker of the House of Representatives by February 1, 2014.
609 Section 12. This act shall take effect July 1, 2013.
610
611 ================= T I T L E A M E N D M E N T ================
612 And the title is amended as follows:
613 Delete everything before the enacting clause
614 and insert:
615 A bill to be entitled
616 An act relating to education; amending s. 1001.42,
617 F.S.; revising district school board duties relating
618 to virtual instruction; amending s. 1002.321, F.S.;
619 requiring the Department of Education to develop an
620 online catalog of digital learning courses; amending
621 s. 1002.37, F.S.; providing reporting requirements
622 relating to Florida Virtual School Global; requiring
623 the Auditor General to conduct an operational audit of
624 the Florida Virtual School and submit a report to the
625 Legislature; amending s. 1002.45, F.S.; authorizing a
626 school district and a virtual charter school to
627 provide part-time virtual instruction for K-12
628 students in certain courses; revising requirements for
629 the use of virtual instruction in core-curricula
630 courses for the purpose of meeting class size
631 requirements; requiring the Department of Education to
632 annually publish online a list of providers approved
633 to offer virtual instruction programs or certain
634 online courses; revising requirements for approval as
635 a provider of virtual instruction programs or courses;
636 providing requirements for conditional approval;
637 conforming provisions to changes made by the act;
638 amending s. 1002.455, F.S.; providing full-time or
639 part-time virtual charter school instruction as an
640 option for K-12 virtual instruction; amending s.
641 1003.01, F.S.; removing blended learning courses
642 provided by a traditional public school, a charter
643 school, or a district innovation school from the
644 definition of the term “core-curricula courses” for
645 purposes of class size requirements; amending s.
646 1003.498, F.S.; requiring the Department of Education
647 to provide identifiers for courses to designate their
648 use for blended learning courses; removing
649 restrictions on students’ taking online courses across
650 district lines; providing students’ access to courses;
651 prohibiting a school district from requiring a public
652 school student to take an online course at certain
653 times or places; creating s. 1003.499, F.S.; creating
654 s. 1003.499, F.S.; creating the Florida Approved
655 Courses and Tests (FACT) Initiative; providing the
656 purpose of the initiative; providing legislative
657 intent; providing that implementing the initiative
658 allows students to expand their choices in selecting
659 online courses; requiring the department to annually
660 publish online a list of providers; defining the term
661 “Florida approved courses” as it relates to the
662 initiative; providing requirements for assessments
663 associated with Florida approved courses; requiring
664 that Florida approved courses and their assessments be
665 annually identified, approved, published, and shared
666 for consideration by certain students and school
667 districts; requiring the Commissioner of Education to
668 approve each Florida approved course and its
669 associated assessments; providing requirements for
670 approval as a provider for the initiative; requiring
671 an approved provider to participate in the statewide
672 assessment program and the education performance
673 accountability system; creating s. 1004.0961, F.S.;
674 requiring the State Board of Education and the Board
675 of Governors to adopt rules that enable students to
676 earn academic credit toward online courses; providing
677 requirements for the rules; amending s. 1008.24, F.S.;
678 authorizing a school district to contract with
679 qualified contractors to administer and proctor
680 statewide standardized assessments or assessments
681 associated with Florida-accredited courses; providing
682 that assessments may be administered or proctored by
683 qualified contractors at sites that meet certain
684 criteria; requiring exceptional students to have
685 access to testing sites; requiring the Department of
686 Education and school districts to adopt policies;
687 requiring the department to contract with a qualified
688 contractor to review and provide recommendations for
689 improving access to online courses, and approving,
690 funding, holding providers accountable, and awarding
691 credit for online courses for K-12 and postsecondary
692 education; requiring the department to identify
693 measures of quality based upon student outcomes;
694 requiring the department to provide findings and
695 recommendations to the Governor and the Legislature by
696 a specified date; providing an effective date.
