Bill Text: FL S1226 | 2022 | Regular Session | Comm Sub
Bill Title: Virtual Learning
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2022-03-14 - Died in Appropriations [S1226 Detail]
Download: Florida-2022-S1226-Comm_Sub.html
Florida Senate - 2022 CS for SB 1226 By the Committee on Education; and Senator Brandes 581-02602-22 20221226c1 1 A bill to be entitled 2 An act relating to virtual learning; amending s. 3 1002.37, F.S.; revising the purpose of the Florida 4 Virtual School to provide for the development and 5 delivery of online distance and blended learning; 6 requiring the Florida Virtual School to give priority 7 to students enrolled in certain Department of 8 Corrections education programs; conforming a reporting 9 requirement to changes made by the act; deleting 10 authorization for the board of trustees of the Florida 11 Virtual School to adopt procedures; revising the 12 requirements of a report that the board of trustees of 13 the Florida Virtual School must annually submit to 14 certain entities, beginning with a specified school 15 year; requiring students enrolled in the Florida 16 Virtual School Justice Education Program to take 17 specified examinations and assessments at institutions 18 or facilities operated by, or under the supervision 19 of, the Department of Corrections; providing for the 20 determination of Florida Virtual School performance 21 related to the Justice Education Program; creating s. 22 1002.371, F.S.; requiring the Florida Virtual School 23 to establish the Florida Virtual School Justice 24 Education Program, beginning with a specified school 25 year; providing the purpose of the program; specifying 26 criteria for course delivery; requiring the Florida 27 Virtual School to report program students separately 28 from other students for funding purposes; providing 29 for funding of students enrolled in the program; 30 authorizing students who turn 22 years of age while 31 enrolled in the program to remain enrolled under 32 certain circumstances; prohibiting funding for such a 33 student from being reported through the Florida 34 Education Finance Program; requiring the Department of 35 Education, with assistance from specified entities, to 36 select a common student assessment instrument and 37 protocol for measuring student learning gains and 38 progression; requiring specified entities to jointly 39 review such assessment instrument and protocol and 40 implement changes as necessary; authorizing students 41 to appeal removal from the Florida Virtual School 42 Justice Education Program, subject to a final 43 determination on the appeal by the Commissioner of 44 Education; requiring the Florida Virtual School to 45 negotiate by a specified date and annually thereafter 46 a cooperative agreement with the Department of 47 Corrections to implement the Florida Virtual School 48 Justice Education Program for the delivery of 49 educational services to students under the 50 jurisdiction of the Department of Corrections; 51 providing requirements for such agreement; providing 52 construction; requiring the state board and the 53 Department of Corrections to adopt rules; amending s. 54 1011.61, F.S.; revising the definition of the term 55 “full-time equivalent student”; amending s. 1011.62, 56 F.S.; conforming a provision to changes made by the 57 act; providing an effective date. 58 59 Be It Enacted by the Legislature of the State of Florida: 60 61 Section 1. Paragraphs (a) and (b) of subsection (1) and 62 subsections (2), (7), and (11) of section 1002.37, Florida 63 Statutes, are amended, and paragraph (e) is added to subsection 64 (10) of that section, to read: 65 1002.37 The Florida Virtual School.— 66 (1)(a) The Florida Virtual School is established for the 67 development and delivery of onlineanddistance and blended 68 learning education. The Commissioner of Education shall monitor 69 the school’s performance and report its performance to the State 70 Board of Education and the Legislature. 71 (b) The mission of the Florida Virtual School is to provide 72 students with technology-based educational opportunities to gain 73 the knowledge and skills necessary to succeed. The school shall 74 serve any student in thisthestate who meets the profile for 75 success in this educational delivery context and shall give 76 priority to: 77 1. Students who need expanded access to courses in order to 78 meet their educational goals, such as home education students 79 and students in inner-city and rural high schools who do not 80 have access to higher-level courses. 81 2. Students seeking accelerated access in order to obtain a 82 high school diploma at least one semester early. 83 3. Students who are children of an active duty member of 84 the United States Armed Forces who is not stationed in this 85 state whose home of record or state of legal residence is 86 Florida. 87 4. Students enrolled in the Florida Virtual School Justice 88 Education Program pursuant to s. 1002.371. 89 90 The board of trustees of the Florida Virtual School shall 91 identify appropriate performance measures and standards based on 92 student achievement that reflect the school’s statutory mission 93 and priorities, and shall implement an accountability system for 94 the school that includes assessment of its effectiveness and 95 efficiency in providing quality services that encourage high 96 student achievement, seamless articulation, and maximum access. 97 (2) The Florida Virtual School shall be governed by a board 98 of trustees comprised of seven members appointed by the Governor 99 to 4-year staggered terms. The board of trustees shall be a 100 public agency entitled to sovereign immunity pursuant to s. 101 768.28, and board members shall be public officers who shall 102 bear fiduciary responsibility for the Florida Virtual School. 103 The board of trustees shall have the following powers and 104 duties: 105 (a)1. The board of trustees shall meet at least 4 times 106 each year, upon the call of the chair, or at the request of a 107 majority of the membership. 108 2. The fiscal year for the Florida Virtual School shall be 109 the state fiscal year as provided in s. 216.011(1)(o). 110 (b) The board of trustees shall be responsible for the 111 Florida Virtual School’s development of a state-of-the-art 112 technology-based education delivery system that is cost 113 effective, educationally sound, marketable, and capable of 114 sustaining a self-sufficient delivery system through the Florida 115 Education Finance Program. 116 (c) The board of trustees shall aggressively seek avenues 117 to generate revenue to support its future endeavors, and shall 118 enter into agreements with online distance and blended learning 119 providers. The board of trustees may acquire, enjoy, use, and 120 dispose of patents, copyrights, and trademarks and any licenses 121 and other rights or interests thereunder or therein. Ownership 122 of all such patents, copyrights, trademarks, licenses, and 123 rights or interests thereunder or therein shall vest in the 124 state, with the board of trustees having full right of use and 125 full right to retain the revenues derived therefrom. Any funds 126 realized from patents, copyrights, trademarks, or licenses are 127shall beconsidered internal funds as provided in s. 1011.07. 128 Such funds shall be used to support the school’s marketing and 129 research and development activities in order to improve 130 courseware and services to its students. 131 (d) The board of trustees shall be responsible for the 132 administration and control of all local school funds derived 133 from all activities or sources and shall prescribe the 134 principles and procedures to be followed in administering these 135 funds. 136 (e) The Florida Virtual School may accrue supplemental 137 revenue from supplemental support organizations, which include, 138 but are not limited to, alumni associations, foundations, 139 parent-teacher associations, and booster associations. The 140 governing body of each supplemental support organization shall 141 recommend the expenditure of moneys collected by the 142 organization for the benefit of the school. Such expenditures 143 shall be contingent upon the review of the executive director. 144 The executive director may override any proposed expenditure of 145 the organization that would violate Florida law or breach sound 146 educational management. 147 (f) In accordance with law and rules of the State Board of 148 Education, the board of trustees shall administer and maintain 149 personnel programs for all employees of the board of trustees 150 and the Florida Virtual School. The board of trustees may adopt 151 rules, policies, and procedures related to the appointment, 152 employment, and removal of personnel. 153 1. The board of trustees shall determine the compensation, 154 including salaries and fringe benefits, and other conditions of 155 employment for such personnel. 156 2. The board of trustees may establish and maintain a 157 personnel loan or exchange program by which persons employed by 158 the board of trustees for the Florida Virtual School as academic 159 administrative and instructional staff may be loaned to, or 160 exchanged with persons employed in like capacities by, public 161 agencies either within or without this state, or by private 162 industry. With respect to public agency employees, the program 163 authorized by this subparagraph shall be consistent with the 164 requirements of part II of chapter 112. The salary and benefits 165 of board of trustees personnel participating in the loan or 166 exchange program shall be continued during the period of time 167 they participate in a loan or exchange program, and such 168 personnel shall be deemed to have no break in creditable or 169 continuous service or employment during such time. The salary 170 and benefits of persons participating in the personnel loan or 171 exchange program who are employed by public agencies or private 172 industry shall be paid by the originating employers of those 173 participants, and such personnel shall be deemed to have no 174 break in creditable or continuous service or employment during 175 such time. 176 3. The employment of all Florida Virtual School academic 177 administrative and instructional personnel shall be subject to 178 rejection for cause by the board of trustees, and shall be 179 subject to policies of the board of trustees relative to 180 certification, tenure, leaves of absence, sabbaticals, 181 remuneration, and such other conditions of employment as the 182 board of trustees deems necessary and proper, not inconsistent 183 with law. 184 4. Each person employed by the board of trustees in an 185 academic administrative or instructional capacity with the 186 Florida Virtual School shall be entitled to a contract as 187 provided by rules of the board of trustees. 188 5. All employees except temporary, seasonal, and student 189 employees may be state employees for the purpose of being 190 eligible to participate in the Florida Retirement System and 191 receive benefits. The classification and pay plan, including 192 terminal leave and other benefits, and any amendments thereto, 193 shall be subject to review and approval by the Department of 194 Management Services and the Executive Office of the Governor 195 prior to adoption. 196 (g) The board of trustees shall establish priorities for 197 admission of students in accordance with paragraph (1)(b). 198 (h) The board of trustees shall establish and distribute to 199 all school districts and high schools in the state procedures 200 for enrollment of students in courses offered by the Florida 201 Virtual School. 202 (i) The board of trustees shall establish criteria defining 203 the elements of an approved franchise. The board of trustees may 204 enter into franchise agreements with Florida district school 205 boards and may establish the terms and conditions governing such 206 agreements. The board of trustees shall establish the 207 performance and accountability measures and report the 208 performance of each school district franchise to the 209 Commissioner of Education. 210 (j) The board of trustees shall submit to the State Board 211 of Education both forecasted and actual enrollments and credit 212 completions for the Florida Virtual School, according to 213 procedures established by the State Board of Education. At a 214 minimum, such procedures must include the number of public, 215 private, and home education students served, by program and by 216 county of residence, and the number of students enrolled in the 217 Florida Virtual School Justice Education Program pursuant to s. 218 1002.371. 219 (k) The board of trustees shall provide for the content and 220 custody of student and employee personnel records. Student 221 records shall be subject to the provisions of s. 1002.22. 222 Employee records shall be subject to the provisions of s. 223 1012.31. 224 (l) The financial records and accounts of the Florida 225 Virtual School shall be maintained under the direction of the 226 board of trustees and under rules adopted by the State Board of 227 Education for the uniform system of financial records and 228 accounts for the schools of the state. 229 230 The Governor shall designate the initial chair of the board of 231 trustees to serve a term of 4 years. Members of the board of 232 trustees shall serve without compensation, but may be reimbursed 233 for per diem and travel expenses pursuant to s. 112.061. The 234 board of trustees shall be a body corporate with all the powers 235 of a body corporate and such authority as is needed for the 236 proper operation and improvement of the Florida Virtual School. 237 The board of trustees is specifically authorized to adopt rules 238 and,policies, and procedures,consistent with law and rules of 239 the State Board of Education related to governance, personnel, 240 budget and finance, administration, programs, curriculum and 241 instruction, travel and purchasing, technology, students, 242 contracts and grants, and property as necessary for optimal, 243 efficient operation of the Florida Virtual School. Tangible 244 personal property owned by the board of trustees shall be 245 subject to the provisions of chapter 273. 246 (7) The board of trustees shall annually submit to the 247 Governor, the Legislature, the Commissioner of Education, and 248 the State Board of Education the audit report prepared pursuant 249 to subsection (6) and a complete and detailed report setting 250 forth: 251 (a) The operations and accomplishments of the Florida 252 Virtual School within thisthestate and those occurring outside 253 thisthestate as Florida Virtual School Global and, beginning 254 with the 2022-2023 school year, the Florida Virtual School 255 Justice Education Program established under s. 1002.371. 256 (b) The marketing and operational plan for the Florida 257 Virtual School,andFlorida Virtual School Global, and, 258 beginning with the 2022-2023 school year, the Florida Virtual 259 School Justice Education Program established under s. 1002.371, 260 including recommendations regarding methods for improving the 261 delivery of education through the Internet and other distance 262 learning technology. 263 (c) The assets and liabilities of the Florida Virtual 264 School and Florida Virtual School Global at the end of the 265 fiscal year. 266 (d) Recommendations regarding the unit cost of providing 267 services to students through the Florida Virtual School,and268 Florida Virtual School Global, and, beginning with the 2022-2023 269 school year, the Florida Virtual School Justice Education 270 Program established under s. 1002.371. In order to most 271 effectively develop public policy regarding any future funding 272 of the Florida Virtual School, it is imperative that the cost of 273 the program is accurately identified. The identified cost of the 274 program must be based on reliable data. 275 (e) Recommendations regarding an accountability mechanism 276 to assess the effectiveness of the services provided by the 277 Florida Virtual School,andFlorida Virtual School Global, and, 278 beginning with the 2022-2023 school year, the Florida Virtual 279 School Justice Education Program established under s. 1002.371. 280 (10) 281 (e) Students enrolled in the Florida Virtual School Justice 282 Education Program pursuant to s. 1002.371 must take all industry 283 certification examinations, national assessments, and statewide, 284 standardized assessments at the institution or facility operated 285 by, or under the supervision of, the Department of Corrections. 286 (11) The Florida Virtual School shall receive a school 287 grade pursuant to s. 1008.34 for students receiving full-time 288 instruction pursuant to this section. School performance for the 289 Florida Virtual School as it relates to the Justice Education 290 Program must be assessed based on student learning gains and 291 student progression as demonstrated by the student assessment 292 instrument and protocol selected pursuant to s. 1002.371(6). 293 Section 2. Section 1002.371, Florida Statutes, is created 294 to read: 295 1002.371 Florida Virtual School Justice Education Program.— 296 (1) Beginning with the 2022-2023 school year, the Florida 297 Virtual School shall establish the Florida Virtual School 298 Justice Education Program to offer inmates younger than 22 years 299 of age housed in institutions and facilities operated by, or 300 under the supervision of, the Department of Corrections the 301 opportunity to earn a standard high school diploma pursuant to 302 s. 1003.4282. Courses must be delivered in an educational 303 setting under the supervision of the Department of Corrections 304 by Florida Virtual School personnel certified pursuant to s. 305 1012.55 who provide instruction through online courses pursuant 306 to s. 1002.37 or through blended learning courses consisting of 307 both traditional classroom and online instructional techniques. 308 Students in blended learning courses must be full-time students 309 of the school as provided in s. 1011.61(1)(a)1. The funding, 310 performance, and accountability requirements for blended 311 learning courses are the same as those for traditional classroom 312 courses. 313 (2) The Florida Virtual School shall separately report all 314 students enrolled in the program for purposes of the Florida 315 Education Finance Program. 316 (3) The Florida Virtual School shall receive state funds 317 for operating purposes as provided in the General Appropriations 318 Act for students enrolled in the program. The calculation to 319 determine the amount of state funds shall be as prescribed in s. 320 1002.37(3)(f). 321 (4) The program must include and receive funding for a 322 summer school period that must begin on the day immediately 323 following the end of the regular school year and end on the day 324 immediately preceding the subsequent regular school year. 325 Students may not be funded for more than 25 hours per week of 326 instruction. 327 (5) A student who turns 22 years of age while enrolled in 328 the program may remain enrolled if his or her continued 329 enrollment is approved by the Florida Virtual School and the 330 Department of Corrections; however, funding for such a student 331 may not be reported through the Florida Education Finance 332 Program. 333 (6) The Department of Education, with the assistance of the 334 Florida Virtual School and the Department of Corrections, shall 335 select a common student assessment instrument and protocol for 336 measuring student learning gains and student progression for 337 students receiving full-time instruction pursuant to this 338 section. The Department of Education, the Florida Virtual 339 School, and the Department of Corrections, jointly, shall review 340 the effectiveness of such assessment instrument and protocol and 341 implement changes as necessary. 342 (7) A student who is removed from the program may appeal to 343 the Department of Education to seek reinstatement, subject to a 344 final determination on the appeal by the Commissioner of 345 Education. 346 (8) By July 1, 2023, and annually thereafter, the Florida 347 Virtual School shall negotiate a cooperative agreement with the 348 Department of Corrections for the delivery of educational 349 services to students under the jurisdiction of the Department of 350 Corrections to implement the program. Such agreement must 351 provide for, but is not limited to: 352 (a) Roles and responsibilities of the Florida Virtual 353 School and the Department of Corrections, including the roles 354 and responsibilities of contract providers. 355 (b) Resolution of administrative issues, including 356 procedures for sharing information. 357 (c) Allocation of resources, including the maximization of 358 state and federal funding. 359 (d) Procedures for educational evaluation for exceptional 360 education students and those with special needs. 361 (e) Procedures for individualized progress monitoring plans 362 developed for all students not classified upon entry to the 363 program as exceptional education students. These plans must 364 address academic, literacy, career, and technical skills and 365 must include provisions for intensive remedial instruction in 366 areas of weakness. 367 (f) Curriculum and delivery of instruction, including 368 resources required for delivery of instruction through 369 technological means. 370 (g) Procedures for assessments, including, but not limited 371 to, industry certification examinations, national assessments, 372 and statewide, standardized assessments administered pursuant to 373 s. 1008.22 at an institution or facility operated by the 374 Department of Corrections. 375 (h) Classroom management procedures and attendance 376 policies. 377 (i) Procedures for provision of qualified personnel, 378 whether supplied by the Florida Virtual School or the Department 379 of Corrections, and for the performance of their duties in a 380 Department of Corrections setting. 381 (j) Provisions for improving skills in teaching and working 382 with students in the program. 383 (k) Transition plans for students moving into and out of 384 the program, including graduates transitioning to postsecondary 385 education or into the workforce. 386 (l) Procedures and timelines for the timely documentation 387 of credits earned and the transfer of student records. 388 (m) Methods and procedures for dispute resolution. 389 (n) Provisions for ensuring the safety of education 390 personnel and support for the agreed-upon education program. 391 (9) This section and the cooperative agreement required 392 under subsection (8) do not require the Florida Virtual School 393 to provide more services than can be supported by the funds 394 generated by students participating in the program. 395 (10) This section does not prohibit a student from 396 participating in the Correctional Education Program pursuant to 397 s. 944.801. 398 (11) The State Board of Education and the Department of 399 Corrections shall adopt rules to administer this section. 400 Section 3. Paragraph (c) of subsection (1) of section 401 1011.61, Florida Statutes, is amended to read: 402 1011.61 Definitions.—Notwithstanding the provisions of s. 403 1000.21, the following terms are defined as follows for the 404 purposes of the Florida Education Finance Program: 405 (1) A “full-time equivalent student” in each program of the 406 district is defined in terms of full-time students and part-time 407 students as follows: 408 (c)1. A “full-time equivalent student” is: 409 a. A full-time student in any one of the programs listed in 410 s. 1011.62(1)(c); or 411 b. A combination of full-time or part-time students in any 412 one of the programs listed in s. 1011.62(1)(c) which is the 413 equivalent of one full-time student based on the following 414 calculations: 415 (I) A full-time student in a combination of programs listed 416 in s. 1011.62(1)(c) shall be a fraction of a full-time 417 equivalent membership in each special program equal to the 418 number of net hours per school year for which he or she is a 419 member, divided by the appropriate number of hours set forth in 420 subparagraph (a)1. The difference between that fraction or sum 421 of fractions and the maximum value as set forth in subsection 422 (4) for each full-time student is presumed to be the balance of 423 the student’s time not spent in a special program and shall be 424 recorded as time in the appropriate basic program. 425 (II) A prekindergarten student with a disability shall meet 426 the requirements specified for kindergarten students. 427 (III) A full-time equivalent student for students in 428 kindergarten through grade 12 in a full-time virtual instruction 429 program under s. 1002.45 or a virtual charter school under s. 430 1002.33 shall consist of six full-credit completions or the 431 prescribed level of content that counts toward promotion to the 432 next grade in programs listed in s. 1011.62(1)(c). Credit 433 completions may be a combination of full-credit courses or half 434 credit courses. 435 (IV) A full-time equivalent student for students in 436 kindergarten through grade 12 in a part-time virtual instruction 437 program under s. 1002.45 shall consist of six full-credit 438 completions in programs listed in s. 1011.62(1)(c)1. and 3. 439 Credit completions may be a combination of full-credit courses 440 or half-credit courses. 441 (V) A Florida Virtual School full-time equivalent student 442 in an online program shall consist of six full-credit 443 completions or the prescribed level of content that counts 444 toward promotion to the next grade in the programs listed in s. 445 1011.62(1)(c)1. and 3. for students participating in 446 kindergarten through grade 12 part-time virtual instruction and 447 the programs listed in s. 1011.62(1)(c) for students 448 participating in kindergarten through grade 12 full-time virtual 449 instruction. Credit completions may be a combination of full 450 credit courses or half-credit courses. 451 (VI) Each successfully completed full-credit course earned 452 through an online course delivered by a district other than the 453 one in which the student resides shall be calculated as 1/6 FTE. 454 (VII) A full-time equivalent student for courses requiring 455 passage of a statewide, standardized end-of-course assessment 456 under s. 1003.4282 to earn a standard high school diploma shall 457 be defined and reported based on the number of instructional 458 hours as provided in this subsection. 459 (VIII) For students enrolled in a school district as a 460 full-time student, the district may report 1/6 FTE for each 461 student who passes a statewide, standardized end-of-course 462 assessment without being enrolled in the corresponding course. 463 2. A student in membership in a program scheduled for more 464 or less than 180 school days or the equivalent on an hourly 465 basis as specified by rules of the State Board of Education is a 466 fraction of a full-time equivalent membership equal to the 467 number of instructional hours in membership divided by the 468 appropriate number of hours set forth in subparagraph (a)1.; 469 however, for the purposes of this subparagraph, membership in 470 programs scheduled for more than 180 days is limited to students 471 enrolled in: 472 a. Juvenile justice education programs. 473 b. The Florida Virtual School. 474 c. Virtual instruction programs and virtual charter schools 475 for the purpose of course completion and credit recovery 476 pursuant to ss. 1002.45 and 1003.498. Course completion applies 477 only to a student who is reported during the second or third 478 membership surveys and who does not complete a virtual education 479 course by the end of the regular school year. The course must be 480 completed no later than the deadline for amending the final 481 student enrollment survey for that year. Credit recovery applies 482 only to a student who has unsuccessfully completed a traditional 483 or virtual education course during the regular school year and 484 must retake the course in order to be eligible to graduate with 485 the student’s class. 486 487 The full-time equivalent student enrollment calculated under 488 this subsection is subject to the requirements in subsection 489 (4). 490 491 The department shall determine and implement an equitable method 492 of equivalent funding for schools operating under emergency 493 conditions, which schools have been approved by the department 494 to operate for less than the minimum term as provided in s. 495 1011.60(2). 496 Section 4. Paragraph (f) of subsection (1) of section 497 1011.62, Florida Statutes, is amended to read: 498 1011.62 Funds for operation of schools.—If the annual 499 allocation from the Florida Education Finance Program to each 500 district for operation of schools is not determined in the 501 annual appropriations act or the substantive bill implementing 502 the annual appropriations act, it shall be determined as 503 follows: 504 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR 505 OPERATION.—The following procedure shall be followed in 506 determining the annual allocation to each district for 507 operation: 508 (f) Supplemental academic instruction allocation.— 509 1. There is created the supplemental academic instruction 510 allocation to provide supplemental academic instruction to 511 students in kindergarten through grade 12. 512 2. The supplemental academic instruction allocation shall 513 be provided annually in the Florida Education Finance Program as 514 specified in the General Appropriations Act. These funds are in 515 addition to the funds appropriated on the basis of FTE student 516 membership in the Florida Education Finance Program and shall be 517 included in the total potential funds of each district. 518 Beginning with the 2018-2019 fiscal year, each school district 519 that has a school earning a grade of “D” or “F” pursuant to s. 520 1008.34 must use that school’s portion of the supplemental 521 academic instruction allocation to implement intervention and 522 support strategies for school improvement pursuant to s. 1008.33 523 and for salary incentives pursuant to s. 1012.2315(3) or salary 524 supplements pursuant to s. 1012.22(1)(c)5.c. that are provided 525 through a memorandum of understanding between the collective 526 bargaining agent and the school board that addresses the 527 selection, placement, and expectations of instructional 528 personnel and school administrators. For all other schools, the 529 school district’s use of the supplemental academic instruction 530 allocation may include, but is not limited to, the use of a 531 modified curriculum; reading instruction; after-school 532 instruction; tutoring; mentoring; a reduction in class size; 533 extended school year; intensive skills development in summer 534 school; dropout prevention programs as defined in ss. 1003.52 535 and 1003.53(1)(a), (b), and (c); and other methods of improving 536 student achievement. Supplemental academic instruction may be 537 provided to a student in any manner and at any time during or 538 beyond the regular 180-day term identified by the school as 539 being the most effective and efficient way to best help that 540 student progress from grade to grade and to graduate. 541 3. The supplemental academic instruction allocation shall 542 consist of a base amount that has a workload adjustment based on 543 changes in unweighted FTE. The supplemental academic instruction 544 allocation shall be recalculated during the fiscal year. Upon 545 recalculation of funding for the supplemental academic 546 instruction allocation, if the total allocation is greater than 547 the amount provided in the General Appropriations Act, the 548 allocation shall be prorated to the level provided to support 549 the appropriation, based on each district’s share of the total. 550 4. Funding on the basis of FTE membership beyond the 180 551 day regular term shall be provided in the FEFP only for students 552 enrolled in juvenile justice education programs, the Florida 553 Virtual School Justice Education Program pursuant to s. 554 1002.371, or in education programs for juveniles placed in 555 secure facilities or programs under s. 985.19. Funding for 556 instruction beyond the regular 180-day school year for all other 557 K-12 students shall be provided through the supplemental 558 academic instruction allocation and other state, federal, and 559 local fund sources with ample flexibility for schools to provide 560 supplemental instruction to assist students in progressing from 561 grade to grade and graduating. 562 Section 5. This act shall take effect July 1, 2022.