HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 5101 PCB PKA 22-01 Education
SPONSOR(S): Appropriations Committee, PreK-12 Appropriations Subcommittee, Fine
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: PreK-12 Appropriations 15 Y, 0 N Bailey Potvin
Subcommittee
1) Appropriations Committee 18 Y, 5 N, As CS Bailey Pridgeon
SUMMARY ANALYSIS
The bill conforms applicable statutes to the appropriations provided in HB 5001, the House General Appropriations Act for Fis cal
Year 2022-2023. Specifically the bill:
Requires that each virtual charter school and each school distric t with a contract with an approved virtual instruction
program provider identified as a controlled open enrollment school, determine capacity based upon the enrollment
requirements of s. 1002.45(1)(e)4, F.S.
Modifies the requirements for establishing a virtual charter school.
Modifies the requirements for virtual instruction programs by:
o Requiring all programs to operate under its own Master School Identification Number.
o Requiring the annual virtual instruction audit completed by an approved virtual instruction program provider to
be performed by an independent auditor licensed under chapter 473, F.S., and to provide the audit report to
the State Board of Education and Auditor General.
o Requiring an approved virtual instruction provider contract include additional components.
o Requiring virtual instruction program providers to be approved by the State Board of Education.
o Requiring an approved virtual instruction program provider to receive a district grade based upon the
aggregated assessment scores of all students served by the provider statewide and a separate school grade
for each school district with which it contracts based on the assessment scores of all students served within
the school district.
o Specifying how the Florida Education Finance Program (FEFP) funds for a district virtual full-time equivalent
(FTE) student is calculated and requiring the use of state FEFP funds only for out -of-district virtual FTE
students enrolled in a district virtual instruction program.
o Clarifying that virtual instruction provided by a school district through a contract with an approved virtual
instruction program provider may enroll students in other school districts .
Specifies that the funding for eligible students enrolled in juvenile justice education programs must be the same as
traditional students funded in the FEFP.
Modifies the type of Florida Empowerment Program scholarship students that are not included in the statutorily-
established maximum number of student cap.
Deletes the Digital Classroom Allocation in the FEFP.
The bill makes it easier for parents to access public school choice by:
Revising controlled open enrollment to require:
o School Districts and Charter Schools to identify and disclose the capacity for their schools, by grade level,
update such data every 12 weeks, and provide information on student transportation options.
o School districts to maintain a wait list of students who are denied access due to capacity and notify parents
when space becomes available.
o Schools to accept students throughout the school year as capacity becomes available.
Requiring the Department of Education to establish a grant program to improve access to reliable and safe
transportation for students who attend school through controlled open enrollment.
Increasing the scholarship amount for public school transportation to the amount expended by the school district on
students riding a bus.
Providing greater flexibility to school districts to use vehicles other than school buses to trans port certain students.
The bill also requires the New World program to provide teachers with professional development and resources and clarifies that
students must be provided options for selecting book topics or genres upon enrollment.
The bill provides for an effective date of July 1, 2022.
FULL ANALYSIS
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h5101b.APC
DATE: 2/9/2022
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Virtual Instruction
Present Situation
Overview
All school districts are required by law to offer at least one virtual instruction option for their students.1
These options include:
o Contract with the Florida Virtual School (FLVS) or establish a franchise of the FLVS.
o Contract with an approved virtual instruction provider.
o Enter into an agreement with other school districts to allow the participation of its students in an
approved virtual instruction program provided by the other school district.
o Establish a school district operated full-time or part-time K-12 virtual instruction program.
o Enter into an agreement with a virtual charter school authorized by the school district under s.
1002.33, F.S.
School districts may implement more than one option and may implement a different option for each
grade grouping. For all virtual instruction options, classroom teachers must hold a Florida teaching
certificate and the curriculum must align with all applicable state standards. 2
Each student enrolled in a virtual instruction program or virtual charter school must comply with the
compulsory attendance requirements of s. 1003.21, F.S. and take the statewide assessments pursuant
to s. 1008.22, F.S.3
Virtual Student Enrollments
Over the past 5 years, the number of full-time equivalent (FTE) virtual student enrollments has steadily
increased with a significant increase in Fiscal Year 2020-2021 due to the impact the pandemic had on
students’ choice of taking virtual instruction courses instead of in-person courses.
5-Year History of District Virtual FTE Student
Enrollment*
Fiscal Year Enrollments Difference
from Prior Year
2017-2018 15,308.41
2018-2019 17,847.55 2,539.14
2019-2020 20,588.56 2,741.01
2020-2021 58,510.92 37,922.36
2021-2022 52,718.49 (5,792.43)
*Data Source – Florida Department of Education
The Department of Education (DOE) has assigned specific school numbers for the virtual instruction
options. School districts use these prescribed school numbers when they report their applicable virtual
FTE students during the various FTE surveys conducted throughout the fiscal year. The following chart
provides a 3-year comparison of virtual FTE student enrollments for the different virtual instruction
options:
3-Year History of Virtual FTE Enrollments by Virtual Instruction Option*
Option 2019-20 2020-21 Difference 2021-22 Difference
from Prior from Prior
Year Year
1 Section 1002.45(1)(c), F.S.
2 Section 1002.45, F.S.
3 Section 1002.45(6), F.S.
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Contract with Approved 2,018.01 6,987.63 4,969.62 8,275.52 1,287.89
Virtual Program Provider
FLVS Franchise 10,012.29 30,388.08 20,375.79 21,690.01 (8,699.07)
Contract with Approved 2,015.74 4,432.91 2,417.17 4,184.83 (248.08)
Virtual Course Provider
District-developed Virtual 2,910.15 11,519.55 8,609.40 10,288.00 (1,231.55)
Program
Virtual Charter School 3,632.37 5,182.75 1,550.38 8,281.13 3,098.38
Florida Virtual School 39,213.49 54,336.58 15,123.09 50,238.40 (4,098.18)
TOTAL 59,802.05 112,847.50 53,045.45 102,956.89 (9,890.61)
* Data Source – Florida Department of Education
Current law authorizes all students, including home education and private school students, to
participate in the following virtual instruction options: 4
School district operated part-time or full-time kindergarten through grade 12 virtual instruction
programs under s. 1002.45(1)(b).
Part-time or full-time virtual charter school instruction authorized under s. 1002.33, F.S., to
students within the school district or to students in order school districts throughout the state
pursuant to s. 1002.31, F.S.
Virtual courses offered in the course code directory to students within the school district or to
students in other school districts throughout the state pursuant to s. 1003.498, F.S.
Florida Virtual School instructional services authorized under s. 1002.37, F.S.
While the majority of students enrolling in a virtual instruction program option reside within the school
district offering the program, the number of students enrolling in a virtual instruction option who reside
outside of the school district offering the option is increasing.
Comparison of Out-of-District Virtual FTE Students*
2019-20 2020-21 1-Year 2021-20 3rd 1-Year
Final FEFP Final FEFP Increase Calc FEFP Increase
FTE Residing In- 17,367.46 49,219.36 31,851.89 39,318.06 (9,901.30)
District
FTE Residing 3,017.89 9,108.22 6,090.33 13,270.23 4,162.01
Out-of-District
Total FTE 20,385.35 58,327.58 37,942.23 52,588.29 (5,739.29)
Percent Out-of- 15 percent 16 percent 25 percent
District
*Data Source – Florida Department of Education
Approved Virtual Instruction Program Providers
Current law defines an “approved provider” to mean a provider that is approved by the DOE, the FLVS,
a franchise of the FLVS, or a Florida College System institution. 5
To be approved by the DOE, a virtual instruction provider must document compliance with a number of
items established in statute.6 The DOE must annually publish online a list of providers approved to
offer virtual instruction programs.7
Each approved virtual instruction program provider contracted by a school district must comply with the
assessment and accountability requirements established in statute. One of the requirements is to
receive a school grade under s. 1008.34, F.S., or a school improvement rating under s. 1008.341, F.S.,
as applicable.8 The school grade or school improvement rating received by each approved virtual
4 Section 1002.455, F.S.
5 Section 1002.45(1)(a), F.S.
6 Section 1002.45(2), F.S.
7 Id.
8 Section 1002.45(8)(a)2., F.S.
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instruction program provider is based on the aggregated assessment scores of all students served by
the provider statewide.9
The DOE is required to develop an evaluation method for approved virtual instruction program
providers of part-time programs which must include the percentage of students making learning gains,
the percentage of students successfully passing any required end-of-course assessment, the
percentage of students taking Advanced Placement examinations, and the percentage of students
scoring 3 or higher on an Advanced Placement examination. 10
Funding for Virtual Instruction
The Florida Education Finance Program (FEFP) is the primary mechanism for funding the operating
costs of Florida school districts and is the foundation for financing Florida’s K-12 educational programs.
The FEFP is composed of both state and local revenues and to ensure equalized funding per student, it
takes into account various factors such as the individual educational needs of students, the local
property tax base, the costs of educational programs, and district cost differentials. 11
There are two main parts of the FEFP:
The base FEFP which represents approximately 60 percent of the total FEFP funding and is the
part of the FEFP that provides state and local revenues to school districts based on each
district’s total number and type of full-time equivalent (FTE) students.12
Categoricals which are allocations funded in the FEFP to ensure either equalized access to
educational services and resources by all public school students or to fund specific statutory
policies.
The base FEFP plus all the categoricals represent the total amount appropriated in the FEFP.
Students enrolled in a virtual instruction program or a virtual charter school are funded in the FEFP the
same as a traditional student and as provided in the General Appropriations Act. 13 However, a virtual
FTE student may not be included in the funds provided for the purpose of fulfilling the class size
requirements in ss. 1003.03 and 1011.685, F.S.14 The school district providing the virtual instruction
reports the FTE students for a virtual instruction program or virtual charter school to the DOE and is
funded for the virtual FTE students in the FEFP.15
A virtual FTE student is funded the same as a traditional FTE student in the FEFP; the base FEFP
amount16 and all applicable categoricals, with the exception of the class size reduction categorical as
mentioned above. The total funding amount includes both state and local FEFP funds.
Funding for a virtual FTE student reported by the FLVS is different than the funding generated by a
virtual FTE student reported by a school district. The calculation methodology for funding FLVS
students includes the base FEFP amount and only certain categoricals and the FLVS is funded with
state FEFP funds only.17
Each school district must:18
Provide to the DOE by October 1st of each year, a copy of each contract with either the FLVS or
an approved virtual instruction provider and the amounts paid per unweighted FTE student for
services procured; and
9 Id.
10 Id.
11 Section 1011.62, F.S.
12 Section 1011.62(1)(s), F.S.
13 Section 1002.45(7), F.S.
14 Id.
15 Id.
16 Section 1011.62(1)(s), F.S.
17 Section 1002.37(3), F.S.
18 Section 1002.45(1)(e), F.S.
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Expend the difference in any funds funded in the FEFP for the virtual FTE students and the
amount the school district paid to either the FLVS or the approved virtual instruction provider on
implementation of the school district’s digital classroom plan.
Effect of the Bill
The bill authorizes an approved virtual instruction program provider to enroll students residing in the
school district executing the contract with the provider as well as students in other school districts
throughout the state pursuant to the controlled open enrollment statute, s. 1002.31, F.S. The bill
amends the controlled open enrollment statute to require each virtual charter school and each school
district with a contract with an approved virtual instruction program provider to determine capacity
based on the enrollment requirements of s. 1002.45(1)(e)4., F.S.
The bill requires the DOE to develop a standard virtual charter school contract and renewal contract for
use by the school district and the virtual charter school.
The bill removes the FLVS franchise as one of the virtual instruction options that school districts may
implement. The bill requires all virtual