Printer FriendlyOffice of Independent Education & Parental Choice
 |
Office of Independent Education & Parental Choice |
School District Program FAQs
DISTRICT REQUIREMENT TO OFFER VIRTUAL INSTRUCTION
- Are school districts required to offer both a full-time grade K-8 virtual instruction program and a full- or part-time grade 9-12 program
beginning in the 2009-2010 school year?
Yes. Section 1002.45(1)(a), F.S., states "Beginning with the 2009-2010 school year, each school district shall provide eligible students within its boundaries the option of participating in a virtual instruction program." The law further clarifies that school districts shall provide full-time virtual instruction to students in K-8 grades and either full-time or part-time virtual courses in grades 9-12. - How will students in district virtual instruction programs be funded?
Eligible students being served in district virtual instruction programs will be funded through the Florida Education Finance Program (FEFP). Funding in virtual instructional programs is limited to Basic Programs 101-103 and 111-113. Students in both K-8 full-time and 9-12 full-time or part-time district-operated programs cannot be reported using other FEFP program numbers. While Section 1002.45, F.S., identifies career and vocational programs as a component of virtual instruction for grades 9-12, these programs are not eligible for funding. - Will school districts have to wait a year for funding as suggested by the definition of FTE based on successful completions?
No. Students in these programs are already part of a district's projected full-time equivalent (FTE) for the 2008-09 school year. The Department will estimate the FTE data necessary for dollars to flow throughout the year to meet the needs of School District Virtual Instruction Programs prior to the reporting of performance for their students. - Can school districts offer the district virtual instruction program after the school day and during the summer?
Yes. The district must offer at least 180 days of instruction in a School District Virtual Instruction Program. Districts may only earn 1 FTE per student, per school year. - Is a student who successfully completes the School District Virtual Instruction program in fewer than 180 days eligible for funding?
Yes. A student is eligible for funding if the student completes the School District Virtual Instruction Program and is promoted to a higher grade level (K-8 full-time programs) or successfully completes a course (9-12 part-time programs). However, attendance of all students is required for the full 180-day school year. - Who are the eligible providers for the 2008-09 school year?
Section 1002.45(11), F.S., provides that a district's virtual instruction program may be operated by a school district or a school district may contract out for virtual courses. The law specifically stipulates that the eligible K-8 providers for the 2008-09 school year must be operating under Section 1002.415, F.S. (Florida Connections Academy, LLC and K12 Florida, LLC) and eligible grades 9-12 providers must have contracted with a regional consortium in the 2007-08 school year. The Department of Education has verified that Educational Options, Inc. and Penn Foster, Inc. contracted with a regional consortium during the 2007-2008 school year. The Florida Virtual School is an approved provider under s. 1002.45(2), F.S. - Will the Department of Education approve only turnkey providers (schools) or will it also approve providers that offer major virtual instruction program components,
such as curriculum and learning platform?
Section 1002.45(1)(b), F.S., states that "each school district's virtual instruction program may consist of one or more schools that are operated by the district or by contracted providers." Section 1002.45(2), F.S., states, "On or before March 1, 2009, and annually thereafter, the department shall provide school districts with a list of providers approved to offer virtual instruction." To be approved by the Department of Education, a contract provider must meet specific criteria identified in this section of law. Districts that contract with a provider for the delivery of virtual educational services must use DOE approved providers. - For a district-operated program, do districts have to use DOE-approved providers for any pieces that they choose to contract out?
Yes. Districts operating their own School District Virtual Instruction Program may purchase or contract for curricula and/or learning platforms and modules to be utilized for district virtual instruction. District virtual instruction programs must meet the requirements of s. 1002.45(3), F.S. - Does this legislation require accreditation from the postsecondary arm of the regional accrediting agencies?
Yes. Section 1002.45(2)(f), F.S., requires accreditation from the Commission on Colleges for the regional agencies that accredit postsecondary institutions. The Council on Accreditation and School Improvement, which includes the Commissions on Elementary, Middle, and Secondary Education, is the accrediting arm of the regional accrediting agencies that accredit K-12 schools and districts. This accreditation requirement takes effect in 2009-10. - Is the entity to be accredited the entity that will contract with the school district to provide virtual instruction?
Yes. Section 1002.45(2)(f), F.S., requires a contract provider to be accredited and approved by the Department of Education. - While district virtual instruction programs are required to have their curriculum aligned to state standards, this requirement is not
specifically listed as a criterion under Provider Qualifications. Will providers need to document this alignment to be approved by the Department?
Yes. Section 1002.45(2)(g), F.S., specifically states that in order for providers to be approved by DOE, they must "comply with all requirements under this section." This includes s. 1002.45(3), F.S., that establishes the criterion for Program Requirements. - Does Section 1002.45(5), F.S., preclude the possibility of a home education student enrolling in the district virtual instruction program?
Yes. Section 1002.45(5), F.S., restricts student eligibility for the district virtual instruction program to "any student residing within the district's attendance area if the student meets at least one of the following conditions:(a) The student has spent the prior school year in attendance at a public school in this state and was enrolled and reported by a public school district for funding during the preceding October and February for purposes of the Florida Education Finance Program surveys.
(b) The student is a dependent child of a member of the United States Armed Forces who was transferred within the last 12 months to this state from another state or from a foreign country pursuant to the parent's permanent change of station orders.
(c) The student was enrolled during the prior school year in a school district virtual instruction program under this section or a K-8 Virtual School Program under s. 1002.415, Florida Statutes."
- In 2009-10, will districts be required to serve all eligible students?
Yes. Section 1002.45(1)(a), F.S., states, "Beginning with the 2009-2010 school year, each school district shall provide eligible students within its boundaries the option of participating in a virtual instruction program." - A student is not eligible to participate in a district virtual instruction program because he/she does not meet the prior year public
school enrollment requirement. If the student is enrolled by the district in spite of the ineligibility, and the district reports the student but the student
is not funded, is the student eligible for funding in a district virtual instruction program in the following year?
No. A student must be enrolled and funded during the prior year in a public school to be eligible for the School District Virtual Instruction Program. - Can prior year Prekindergarten (PreK) students meet the eligibility requirements of Section 1002.45(5)(a), F.S., to participate in a School District
Virtual Instruction Program in kindergarten?
Eligibility for kindergarten entrance into a School District Virtual Instruction Program is limited to students who have previously been enrolled in and funded by the Florida Education Finance Program (FEFP) in both the October and February surveys for the prior year. This would only include PreK students in programs for babies of teen parents, PreK disabled students, and public school students repeating kindergarten. - How will the eligibility requirements be verified?
Student eligibility is determined by either reviewing a district's previous year student history or, for those students who have transferred from another district, using the Student Locator function available from the Department. Specific instructions for using the Student Locator function are available by either contacting a district's management information system staff or staff with the Department's Office of Education Information and Accountability Services at ASKEIAS@fldoe.org. - What verification will be required for students who are dependent children of a member of the Armed Forces?
A review of transfer orders will satisfy the verification requirement for dependent children of members of the Armed Forces. - Can exceptional student education (ESE) students participate and, if so, how will they be funded?
Yes. Section 1000.04(1), F.S., defines the district virtual instruction program as a public K-12 school. In accordance with Section 1003.57, F.S., each school district must provide for an appropriate program of special instruction, facilities, and services for exceptional students enrolled in the district. It is important to note that, although the district must provide a continuum of services to meet students' needs, not every individual school, including the School District Virtual Instruction Program, is required to have the resources or capacity to serve all students. For some students with disabilities and/or gifted students, the Individual Education Program or Educational Plan team may determine the need for additional services beyond those provided in the virtual school. Depending on the nature and extent of those additional services, these exceptional students may be able to participate in the district virtual instruction program and also receive ESE services (e.g., speech therapy, physical therapy) from the district or the provider as stipulated in the contract.
Funding in district virtual instructional programs is limited to Basic Programs 101-103 and 111-113. Services for ESE students may also be funded through Individuals with Disabilities Education Act dollars and other funding sources.
- If a school district contracts with the Florida Virtual School to meet the requirement in Section 1002.45, F.S., to provide a district virtual
instruction program, will those students have to meet the student eligibility and participation requirements of Section 1002.45, F.S., or will they have to meet
the requirements of Section 1002.37, F.S.?
If the district contracts with the Florida Virtual School to meet the requirements in Section 1002.45, F.S., students participating in the district virtual instruction program are required to meet student eligibility requirements delineated in Section 1002.45(5), F.S. - How is student attendance verified?
The presence or absence of each student shall be recorded once each day at a time (or times) prescribed by the school board. The attendance recordkeeping system shall provide complete and accurate attendance data and shall provide for maintaining auditable records for three years or until applicable audits are completed. The attendance records shall also show the dates of a student's enrollment, withdrawal, or re-entry in the school for the applicable year. Attendance of all pupils must be maintained during the 180-day school year. - Can a student in a district virtual instruction program participate in extracurricular activities?
Yes. Although district virtual instruction students are not specifically granted the right to participate in extracurricular activities, as are home education and charter school students, Section 1002.20(18)(a), F.S., states that students who meet specified academic and conduct requirements are eligible to participate in extracurricular activities. In addition, Sections 1002.20(18)(d) and 1006.15(5)(b), F.S., state that "organizations that regulate or govern extracurricular activities of public schools shall not discriminate against any eligible student based on an educational choice of public, private, or home education." - May a School District Virtual Instruction Program consist of more than one school? How does this relate to the requirement to have
only one school for the purposes of school grading?
Yes. According to Section 1002.45(1)(b), F.S., a School District Virtual Instruction Program may consist of more than one school at the local level. For state reporting and school grading purposes, a district virtual instruction program will be considered one school and will be issued one school number. When reporting School District Virtual Instruction Program data, districts must report the data under a single school number of 7001. - How is "when appropriate" defined related to the provision of technology and Internet access?
Section 1002.45(3)(f), F.S., states, "Each virtual instruction program operated or contracted by a school district must: provide, when appropriate, each household having a full-time student enrolled in the program with:- All equipment necessary for participants in the school district virtual program, including, but not limited to, a computer, computer monitor, and printer; and
- Access to reimbursement for all Internet services necessary for online delivery of instruction.
Each school district will establish criteria to define "when appropriate" when developing its virtual instruction program.
- Does the law require an instructional model that relies on certified teachers to provide at least 85% of the instruction to the student?
Yes. Section 1002.45(2)(e), F.S., states, "To be approved by the department, a contract provider must annually document that it utilizes an instructional model that relies on certified teachers, not parents, to provide at least 85 percent of the instruction to the student." - Does a student have to be failing or have already dropped out of school to be eligible to attend a dropout prevention program through the
district's virtual instruction program?
No. Students who meet any of the following criteria delineated in Section 1003.53(1)(c), F.S., are eligible for dropout prevention programs:"1. The student is academically unsuccessful as evidenced by low test scores, retention, failing grades, low grade point average, falling behind in earning credits, or not meeting the state or district proficiency levels in reading, mathematics, or writing.
2. The student has a pattern of excessive absenteeism or has been identified as a habitual truant.
3. The student has a history of disruptive behavior in school or has committed an offense that warrants out-of-school suspension or expulsion from school according to the district school board's code of student conduct. For the purposes of this program, "disruptive behavior" is behavior that:
a. Interferes with the student's own learning or the educational process of others and requires attention and assistance beyond that which the traditional program can provide or results in frequent conflicts of a disruptive nature while the student is under the jurisdiction of the school either in or out of the classroom; or
b. Severely threatens the general welfare of students or others with whom the student comes into contact."
- What is meant by "a charter school may enter into a joint agreement with the school district in which it is located for the charter
school's students to participate in a district virtual instruction program?"
The K-8 programs must be full-time virtual instruction programs. Only school districts are authorized to offer a full-time K-8 program as outlined in s. 1002.45, F.S. Charter schools may enter a joint agreement with the school district for students who wish to participate in the district's full-time program. These students will, however, be reported for funding through the district's single school number of 7001 as indicated in Question 22 above. - 27. How does the charter school language in Section 1002.45(1)(c), F.S., relate to language that has been in the Florida Education Finance Program (FEFP)
item in the General Appropriations Act every year that prohibits virtual charter schools?
The 2008-09 General Appropriations Act, Line Item 81, states, "Unless otherwise provided by law, no funds are provided in Specific Appropriation 81 for charter school FTE student enrollment for on-line instruction received by students principally in their own home. However, charter schools may serve students who are temporarily homebound or receive a portion of their instruction on-line." Proviso prohibits charter schools from offering full-time virtual instruction. However, through a joint agreement with the school district, K-8 charter school students can be served by the district virtual instruction program. - If the school district is responsible for providing the equipment and connections to the Internet to students in a home environment,
how can school districts be protected from liability issues regarding Internet misuse?
Each school district should determine if additional language should be added to their existing policies addressing the use of the Internet and district or school equipment. - 29. Will school districts have the authority to terminate enrollment in the K-8 virtual instructional program if adequate progress
is not made by the student or if parents fail to adhere to established rules regarding the use of district equipment?
Each school district should adopt and follow a policy addressing student performance in a virtual instruction program. - Currently, students who participate as full-time students in the Florida Virtual School are expected to register as home education students with the district.
Would this apply to full-time students in the district's K-8 virtual instruction program?
No. The district virtual instruction program will be the school of record for its full-time students. Therefore, these students are district public school students, not home education students. - How does this new program affect collective bargaining?
Each school district should review the collective bargaining agreement in place in its district and determine if additional provisions are necessary to address teachers in a virtual instruction program.