The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Education
BILL: SB 1654
INTRODUCER: Senator Gruters
SUBJECT: Education
DATE: March 29, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Sagues Bouck ED Favorable
2. AED
3. AP
I. Summary:
SB 1654 revises district school board responsibilities, virtual instruction provider requirements,
high-performing school district flexibility, and funding for virtual courses and certain
assessments. Specifically, the bill:
Authorizes district school boards to conduct daily business in person; through the use of
telecommunications networks, or a combination thereof.
Retains monthly communication requirements between teachers in virtual instructional
programs and families, but removes that the monthly contact must be made by phone.
Requires that an approved virtual provider contract must be terminated if the provider
receives two consecutive school grades of “F.”
Authorizes high-performing school districts to provide up to two days of virtual instruction
as part of the required 180 actual teaching days.
In addition, the bill modifies how virtual education is funded. Instead of funding virtual courses
only if the student completes the course with a passing grade or credits earned, the bill requires
that a student who is reported during the second and third membership surveys and does not
complete the virtual course credits or content prescribed, must be calculated at 80 percent of a
full-time equivalent (FTE) student.
A similar provision is added for funding a student enrolled in a course requiring passage of a
statewide, standardized end-of-course (EOC) exam to earn a standard high school diploma
(Algebra I). The bill requires that a student who is reported during the second and third
membership surveys and does not pass the statewide, standardized EOC assessment, must be
calculated as 80 percent of an FTE as though the student did pass.
The fiscal impact of the bill is indeterminate. See Section V.
The bill takes effect on July 1, 2021.
BILL: SB 1654 Page 2
II. Present Situation:
District School Board Governance
Each district school board may adopt policies and procedures necessary for the daily business
operation of the district school board, including, but not limited to:1
The provision of legal services for the district school board;
Conducting a district legislative program;
District school board member participation at conferences, conventions, and workshops;
District school board policy development, adoption, and repeal;
Meeting procedures, including participation via telecommunications networks, use of
technology at meetings, and presentations by nondistrict personnel;
Citizen communications with the district school board and with individual district school
board members;
Collaboration with local government and other entities as required by law; and
Organization of the district school board, including special committees and advisory
committees.
Florida Education Finance Program (FEFP)
The FEFP is the primary mechanism for funding the operating costs of Florida school districts.
Under the FEFP, financial support for education is based on the full-time equivalent2 (FTE)
student membership in public schools.3 The number of FTE students in each of the funded
education programs is multiplied by cost factors4 relative to each program to obtain weighted
FTE student values.5 The base student allocation from state and local funds is determined
annually by the Legislature in the General Appropriations Act (GAA) and is a component in the
calculation of each school district’s base funding.6 In addition to the base funding, the
Legislature may appropriate categorical funding for specified programs, activities or purposes,
such as for mental health assistance.7 School districts may also earn supplemental FTE funding
through the FEFP for programs based on performance, such as College Board Advanced
Placement bonus funding.8
1
Section 1001.43(10), F.S.
2
A “full-time student” is one student on the membership roll of one school program or a combination of school programs for
the school year or the equivalent for instruction in a standard school, comprising not less than 900 net hours for a student in
or at the grade level of 4 through 12, or not less than 720 net hours for a student in or at the grade level of kindergarten
through grade 3 or in an authorized prekindergarten exceptional program. A full-time equivalent student in a virtual
instruction program, virtual charter school, or FLVS consists of 6 full-credit completions or the prescribed level of content
that counts toward promotion to the next grade. Credit completions may be a combination of full-credit courses and half-
credit courses. Section 1011.61(1), F.S.
3
Section 1011.62, F.S.
4
Program cost factors are based on desired relative cost differences between the following programs as established in the
annual General Appropriations Act: grades K-3; 4-8; 9-12; two program cost factors for exceptional students; secondary
career education programs; and English for Speakers of Other Languages. Section 1011.62(1)(c), F.S.
5
Section 1011.62, F.S. Florida Department of Education (FDOE), 2020-21 Funding for Florida School Districts (2020)
available at https://www.fldoe.org/core/fileparse.php/7507/urlt/Fefpdist.pdf at 1.
6
Id at 17.
7
Section 1011.62(6) F.S.
8
Section 1011.62(1) F.S.
BILL: SB 1654 Page 3
School districts report student membership through a number of surveys periods. For FTE
reporting, the survey periods cover the following time frames:9
Survey Period 1 (July), covers the time period from the beginning of the fiscal year (July 1)
to the beginning of the defined 180-day school year.
Survey Period 2 (October), covers the first 90 days of the 180-day school year.
Survey Period 3 (February), covers the second 90 days of the 180-day school year.
Survey Period 4 (June), covers the period from the end of the 180-day school program to the
end of the fiscal year (June 30).
Survey Period 5, covers reporting of prior school year data for specified programs.
Virtual courses are reported and funded in a similar manner except, virtual courses are funded on
performance and only funded if the student completes the course with a passing grade or credits
earned.10 For students reported in Survey Periods 2 and 3 during the 2019-2020 school year,
309,469 students completed virtual courses with passing grades, 4,381 students failed their
virtual courses, and 84,987 students did not complete their virtual courses.11
Each school district that participates in the FEFP is required to provide evidence of its effort to
maintain an adequate school program throughout the district and must:12
Maintain adequate and accurate records;
Operate all schools for a term of 180 actual teaching days or the equivalent;
Adopt rules relating to personnel;
Expend funds for salaries in accordance with an adopted salary schedule or schedules;
Observe all requirements of law and rules of the State Board of Education (SBE) relating to
the preparation, adoption, and execution of budgets for district school boards;
Make the financial effort required for the support of the FEFP as prescribed in the GAA; and
Maintain a system of planning and evaluation as required by law.
Statewide Assessment Program
The primary purpose of the student assessment program is to provide student academic
achievement and learning gains data to students, parents, teachers, school administrators, and
school district staff. The data is to be used by districts to improve instruction; by students,
parents, and teachers to guide learning objectives; by education researchers to assess national and
international education comparison data; and by the public to assess the cost benefit of the
expenditure of taxpayer dollars.13
The statewide assessment program for Florida’s public schools includes statewide, standardized
assessments for ELA (grades 3-10) and mathematics (grades 3-8); end-of-course (EOC)
assessments for Algebra I, Geometry, Biology I, Civics, and U.S. History; and the Statewide
9
FDOE, FTE General Instructions 2020-21 (2020), available at http://www.fldoe.org/core/fileparse.php/19916/urlt/11-
3.PDF at 1.
10
FDOE, FTE General Instructions 2020-21 (2020), available at http://www.fldoe.org/core/fileparse.php/19916/urlt/11-
3.PDF at 43. Section 1011.61(1)(c)1.b(III)-(VI), F.S.
11
Email, FDOE, Jessica Fowler, Deputy Legislative Affairs Director, RE: Data Request (March 25, 2021).
12
Section 1011.60, F.S.
13
Section 1008.22(1), F.S.
BILL: SB 1654 Page 4
Science Assessment (grades 5 and 8).14 Results from the assessments are used to calculate school
grades and school improvement ratings,15 and determine student readiness for promotion to 4th
grade and high school graduation.16 Passing the Grade 10 ELA exam or a concordant score and
Algebra 1 EOC or a comparative score are required to earn a standard diploma.17
Spring 2019 EOC results are illustrated in the table below:18
Spring 2019 (First-time Testers)
Total Passed Assessments. Total Failed Assessments. Total assessments
EOC Exam
(Level 3 and Above) (Level 2 and Below) taken.
Algebra 1 127,610 79,450 207,060
Geometry 112,624 84,330 196,954
Biology 1 134,580 65,110 199,690
U.S. History 124,080 53,616 177,696
Civics 151,388 61,795 213,183
A student FTE for courses requiring passage of a statewide, standardized end-of-course
assessment to earn a standard high school diploma (Algebra I) must be defined and reported
based on the number of instructional hours.19 For each full-time student who passes a statewide
standardized end-of-course assessment without ever being enrolled in the corresponding course,
the district may report 1 /6 of an FTE in survey 4.20
School Grading System
School grades provide an easily understandable way to measure the performance of a school.
Parents and the general public can use the school grade and its components to understand how
well each school serves students.21 School grades are used in the state system of school
improvement and accountability22 to determine the need for school intervention and support,23 or
whether a school qualifies for school recognition funds.24
14
Sections 1008.22(3) and 1003.4156, F.S.
15
See ss. 1008.34 and 1008.341, F.S.
16
See ss. 1008.25(5) and 1003.4282(3)(a) and (b), F.S.
17
FDOE, Standard Diploma Requirements (2020), available at
https://www.fldoe.org/core/fileparse.php/7764/urlt/StandardDiplomaRequirements.pdf. FDOE, Graduation Requirements for
Florida’s Statewide Assessments (2020), available at
http://www.fldoe.org/core/fileparse.php/7764/urlt/GradRequireFSA.pdf.
18
Email, FDOE, Jessica Fowler, Deputy Legislative Affairs Director, RE: Data Request (March 25, 2021).
19
Section 1011.61(1)(c)1.b.(VII), F.S.
20
FDOE, FTE General Instructions 2020-21 (2020), available at http://www.fldoe.org/core/fileparse.php/19916/urlt/11-
3.PDF at 2. Section 1011.61(1)(c)1.b.(VIII), F.S.
21
FDOE, 2019 School Grades Overview (2019), available at
http://www.fldoe.org/core/fileparse.php/18534/urlt/SchoolGradesOverview19.pdf. (last visited March 24, 2020).
22
Florida received a waiver from the United States Department of Education for the 2019-2020 school year for statewide
assessments, accountability and reporting requirements required under federal law due to the COVID-19 pandemic. FDOE,
United States Department of Education (2020), available at
https://www.fldoe.org/core/fileparse.php/19861/urlt/FLCovid19WaiverResponse.pdf.
23
Section 1008.33(4), F.S.
24
Section 1008.36, F.S.
BILL: SB 1654 Page 5
Schools are graded at one of the following grades:25
“A,” schools making excellent progress (62 percent or higher of total applicable points).
“B,” schools making above average progress (54 to 61 percent of total applicable points).
“C,” schools making satisfactory progress (41 to 53 percent of total applicable points).
“D,” schools making less than satisfactory progress (32 to 40 percent of total applicable
points).
“F,” schools failing to make adequate progress (31 percent or less of total applicable points).
Elementary schools, middle schools, and high schools each share a basic model for determining
school grades, based on the percentage of total points earned by a school for each component in
the model. All schools are graded on the percentage of eligible students who pass assessments in
English and language arts (ELA), mathematics, science, and social studies; student learning
gains in ELA and mathematics; and students in the lowest 25 percent of ELA and mathematics
performers who make learning gains.26 Middle and high school models include additional
components beyond the basic model.27
For a high school comprised of grades 9 through 12 or grades 10 through 12, the school’s grade
is also based on the following components:28
The 4-year high school graduation rate of the school as defined by SBE rule.29
The percentage of students who were eligible to earn college and career credit through
College Board Advanced Placement (AP) examinations, International Baccalaureate (IB)
examinations, dual enrollment courses, or Advanced International Certificate of Education
(AICE) examinations; or who, at any time during high school, earned national industry
certifications identified in the CAPE Industry Certification Funding List, pursuant to rules
adopted by the SBE.30
School districts receive a school grade based on a district-level calculation of the school grade
components. The calculation methodology captures each eligible student in the district who may
have transferred among schools within the district or is enrolled in a school that does not receive
a grade.31
School Improvement Rating
An alternative school is a school that provides dropout prevention and academic intervention
services. An alternative school must receive a school improvement rating unless the school earns
25
Section 1008.34(2), F.S. and Rule 6A-1.09981(4)(d), F.A.C.
26
Section 1008.34(3)(b), F.S. If a school does not have at least 10 students with complete data for one or more of the
components, those components may not be used in calculating the school’s grade. Section 1008.34(3)(a), F.S.
27
Section 1008.34(3)(b), F.S. and Rule 6A-1.09981(4)(a)-(c), F.A.C.
28
Section 1008.34(3)(b)2., F.S., and Rule 6A-1.09981(4)(c)2. and 3., F.A.C.
29
The four-year high school graduation rate of the school as measured according to 34 CFR §200.19, Other Academic
Indicators, effective November 28, 2008. Rule 6A-1.09981(4)(c)1., F.A.C.
30
Beginning with the 2022-2023 school year, a student who earned an Armed Services Qualification Test score that falls
within Category II or higher on the Armed Services Vocational Aptitude Battery and earned a minimum of two credits in
Junior Reserve Officers’ Training Corps courses from the same branch of the United States Armed Forces qualifies for this
component. Section 1008.34(3)(b)2.b.
31
Section 1008.34(5), F.S.
BILL: SB 1654 Page 6
a school grade. The school improvement rating identifies an alternative school as having one of
the following ratings:32
“Commendable” means a significant percentage of the students attending the school are
making Learning Gains.33
“Maintaining” means a sufficient percentage of the students attending the school are making
Learning Gains.
“Unsatisfactory” means an insufficient p