Bill Text: FL S2262 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Charter Schools [SPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-04-30 - Died on Calendar [S2262 Detail]

Download: Florida-2010-S2262-Introduced.html

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