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HB 129 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the Florida Virtual School; 2
amending s. 1002.37, F.S.; deleting provisions 3
relating to the Florida Virtual School giving priority 4
to certain students; revising who may call a board of 5
trustees meeting; providing that the board of trustees 6
may use supplemental funding sources to develop a 7
state-of-the-art technology-based education delivery 8
system; authorizing the Florida Virtual School to 9
accrue supplemental revenue from direct-support 10
organizations; revising which entities review and 11
approve expenditures; revising which personnel are 12
subject to policies of the board of trustees; deleting 13
a requirement for the board of trustees to establish 14
priorities for the admission of students; deleting a 15
requirement for the board of trustees to establish 16
performance and accountability measures; revising 17
requirements for an annual report the board of 18
trustees must submit to specified entities; revising 19
which students are subject to specified requirements; 20
making technical changes; providing an effective date. 21
22
Be It Enacted by the Legislature of the State of Florida: 23
24
Section 1. Paragraphs (b) and (c) of subsection (1), 25
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subsections (2), (4), and (7), paragraph (b) of subsection (9), 26
and paragraph (d) of subsection (10) of section 1002.37, Florida 27
Statutes, are amended to read: 28
1002.37 The Florida Virtual School.— 29
(1) 30
(b) The mission of the Florida Virtual School is to 31
provide students with technology-based educational opportunities 32
to gain the knowledge and skills necessary to succeed. The 33
school shall serve all students any student in the state who 34
meet meets the profile for success in this educational delivery 35
context and shall give priority to: 36
1. Students who need expanded access to courses in order 37
to meet their educational goals, such as home education students 38
and students in inner-city and rural high schools who do not 39
have access to higher-level courses. 40
2. Students seeking accelerated access in order to obtain 41
a high school diploma at least one semester early. 42
3. Students who are children of an active duty member of 43
the United States Armed Forces who is not stationed in this 44
state whose home of record or state of legal residence is 45
Florida. 46
(c) To ensure parents and students are informed of the 47
opportunities offered by the Florida Virtual School, the 48
commissioner shall provide the board of trustees of the Florida 49
Virtual School access to the records of public school students 50
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in a format prescribed by the board of trustees. 51
52
The board of trustees of the Florida Virtual School shall 53
identify appropriate performance measures and standards based on 54
student achievement that reflect the school's statutory mission 55
and priorities, and shall implement an accountability system for 56
the school that includes assessment of its effectiveness and 57
efficiency in providing quality services that encourage high 58
student achievement, seamless articulation, and maximum access. 59
(2) The Florida Virtual School shall be governed by a 60
board of trustees consisting comprised of seven members 61
appointed by the Governor to 4-year staggered terms. The board 62
of trustees shall be a public agency entitled to sovereign 63
immunity pursuant to s. 768.28, and board members shall be 64
public officers who shall bear fiduciary responsibility for the 65
Florida Virtual School. The board of trustees shall have the 66
following powers and duties: 67
(a)1. The board of trustees shall meet at least 4 times 68
each year, upon the call of the board chair, or at the request 69
of a majority of the board membership, or at the request of the 70
president and chief executive officer of the Florida Virtual 71
School. 72
2. The fiscal year for the Florida Virtual School shall be 73
the state fiscal year as provided in s. 216.011(1)(q). 74
(b) The board of trustees shall be responsible for the 75
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Florida Virtual School's development of a state-of-the-art 76
technology-based education delivery system that is cost-77
effective, educationally sound, marketable, and capable of 78
sustaining a self-sufficient delivery system through the Florida 79
Education Finance Program and other supplemental funding 80
sources. 81
(c) The board of trustees shall aggressively seek avenues 82
to generate revenue to support its future endeavors, and shall 83
enter into agreements with distance learning providers. The 84
board of trustees may acquire, enjoy, use, and dispose of 85
patents, copyrights, and trademarks and any licenses and other 86
rights or interests thereunder or therein. Ownership of all such 87
patents, copyrights, trademarks, licenses, and rights or 88
interests thereunder or therein shall vest in the state, with 89
the board of trustees having full right of use and full right to 90
retain the revenues derived therefrom. Any funds realized from 91
patents, copyrights, trademarks, or licenses shall be considered 92
internal funds as provided in s. 1011.07. Such funds shall be 93
used to support the school's mission and its marketing, and 94
research, and development activities in order to improve 95
courseware and services to its students. 96
(d) The board of trustees shall be responsible for the 97
administration and control of all local school funds derived 98
from all activities or sources and shall prescribe the 99
principles and procedures to be followed in administering these 100
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funds. 101
(e) The Florida Virtual School may accrue supplemental 102
revenue from direct-support organizations and supplemental 103
support organizations, which include, but are not limited to, 104
alumni associations, foundations, parent-teacher associations, 105
and booster associations. The governing body of each direct-106
support and supplemental support organization shall recommend 107
the expenditure of moneys collected by the organization for the 108
benefit of the school. Such expenditures shall be contingent 109
upon the review and approval of the president and chief 110
executive officer of the Florida Virtual School or authorized 111
designees executive director. The executive director may 112
override any proposed expenditure of the organization that would 113
violate Florida law or breach sound educational management. 114
(f) In accordance with law and rules of the State Board of 115
Education, the board of trustees shall administer and maintain 116
personnel programs for all employees of the board of trustees 117
and the Florida Virtual School. The board of trustees may adopt 118
rules, policies, and procedures related to the appointment, 119
employment, and removal of personnel. 120
1. The board of trustees shall determine the compensation, 121
including salaries and fringe benefits, and other conditions of 122
employment for such personnel. 123
2. The board of trustees may establish and maintain a 124
personnel loan or exchange program by which persons employed by 125
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the board of trustees for the Florida Virtual School as academic 126
administrative and instructional staff may be loaned to, or 127
exchanged with persons employed in like capacities by, public 128
agencies either within or without this state, or by private 129
industry. With respect to public agency employees, the program 130
authorized by this subparagraph shall be consistent with the 131
requirements of part II of chapter 112. The salary and benefits 132
of board of trustees personnel participating in the loan or 133
exchange program shall be continued during the period of time 134
they participate in a loan or exchange program, and such 135
personnel shall be deemed to have no break in creditable or 136
continuous service or employment during such time. The salary 137
and benefits of persons participating in the personnel loan or 138
exchange program who are employed by public agencies or private 139
industry shall be paid by the originating employers of those 140
participants, and such personnel shall be deemed to have no 141
break in creditable or continuous service or employment during 142
such time. 143
3. The employment of all Florida Virtual School academic 144
administrative and instructional personnel or administrative 145
personnel, as those terms are defined in s. 1012.01(2) and (3), 146
respectively shall be subject to rejection for cause by the 147
board of trustees, and shall be subject to policies of the board 148
of trustees relative to certification, tenure, leaves of 149
absence, sabbaticals, remuneration, and such other conditions of 150
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employment as the board of trustees deems necessary and proper, 151
not inconsistent with law. 152
4. Each person employed by the board of trustees in an 153
academic administrative or instructional capacity with the 154
Florida Virtual School shall be entitled to a contract as 155
provided by policies rules of the board of trustees. 156
5. All employees except temporary, seasonal, and student 157
employees must may be state employees for the purpose of being 158
eligible to participate in the Florida Retirement System and 159
receive benefits. The classification and pay plan, including 160
terminal leave and other benefits, and any amendments thereto, 161
shall be subject to review and approval by the Department of 162
Management Services and the Executive Office of the Governor 163
prior to adoption. 164
(g) The board of trustees shall establish priorities for 165
admission of students in accordance with paragraph (1)(b). 166
(h) The board of trustees shall establish and distribute 167
to all school districts and high schools in the state procedures 168
for enrollment of students in courses offered by the Florida 169
Virtual School. 170
(h)(i) The board of trustees shall establish criteria 171
defining the elements of an approved franchise. The board of 172
trustees may enter into contracts and franchise agreements with 173
Florida district school boards and other public and private 174
entities and governmental agencies and may establish the terms 175
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and conditions governing such contracts or agreements. The board 176
of trustees shall establish the performance and accountability 177
measures and report the performance of each school district 178
franchise to the Commissioner of Education. 179
(i)(j) The board of trustees shall submit to the State 180
Board of Education both forecasted and actual enrollments and 181
credit completions for the Florida Virtual School, according to 182
procedures established by the State Board of Education. At a 183
minimum, such procedures must include the number of public, 184
private, and home education students served by program and by 185
county of residence. 186
(j)(k) The board of trustees shall provide for the content 187
and custody of student and employee personnel records. Student 188
records shall be subject to the provisions of s. 1002.22. 189
Employee records shall be subject to the provisions of s. 190
1012.31. 191
(k)(l) The financial records and accounts of the Florida 192
Virtual School shall be maintained under the direction of the 193
board of trustees and under rules adopted by the State Board of 194
Education for the uniform system of financial records and 195
accounts for the schools of the state. 196
197
The Governor shall designate the initial chair of the board of 198
trustees to serve a term of 4 years. Members of the board of 199
trustees shall serve without compensation, but may be reimbursed 200
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for per diem and travel expenses pursuant to s. 112.061. The 201
board of trustees shall be a body corporate with all the powers 202
of a body corporate and such authority as is needed for the 203
proper operation and improvement of the Florida Virtual School. 204
The board of trustees is specifically authorized to adopt rules, 205
policies, and procedures, consistent with law and rules of the 206
State Board of Education related to governance, personnel, 207
budget and finance, administration, programs, curriculum and 208
instruction, travel and purchasing, technology, students, 209
contracts and grants, and property as necessary for optimal, 210
efficient operation of the Florida Virtual School. Tangible 211
personal property owned by the board of trustees shall be 212
subject to the provisions of chapter 273. 213
(4) School districts operating a virtual school that is an 214
approved franchise of the Florida Virtual School may count full-215
time equivalent students, as provided in paragraph (3)(a), if 216
such school has been certified as an approved franchise by the 217
Commissioner of Education based on criteria established by the 218
board of trustees pursuant to paragraph (2)(h) (2)(i). 219
(7) The board of trustees shall annually submit to the 220
Governor, the Legislature, the Commissioner of Education, and 221
the State Board of Education the audit report prepared pursuant 222
to subsection (6) and a complete and detailed report setting 223
forth: 224
(a) the operations and accomplishments of the Florida 225
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Virtual School within the state and those occurring outside the 226
state as Florida Virtual School Global. 227
(b) The marketing and operational plan for the Florida 228
Virtual School and Florida Virtual School Global, including 229
recommendations regarding methods for improving the delivery of 230
education through the Internet and other distance learning 231
technology. 232
(c) The assets and liabilities of the Florida Virtual 233
School and Florida Virtual School Global at the end of the 234
fiscal year. 235
(d) Recommendations regarding the unit cost of providing 236
services to students through the Florida Virtual School and 237
Florida Virtual School Global. In order to most effectively 238
develop public policy regarding any future funding of the 239
Florida Virtual School, it is imperative that the cost of the 240
program is accurately identified. The identified cost of the 241
program must be based on reliable data. 242
(e) Recommendations regarding an accountability mechanism 243
to assess the effectiveness of the services provided by the 244
Florida Virtual School and Florida Virtual School Global. 245
(9) 246
(b) For students receiving full-time or part-time 247
instruction in kindergarten through grade 5 and students 248
receiving full-time instruction in kindergarten through grade 12 249
from the Florida Virtual School, the full-time equivalent 250
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student enrollment calculated under this subsection is subject 251
to the requirements in s. 1011.61(3). 252
(10) 253
(d) Unless an alternative testing site is mutually agreed 254
to by the Florida Virtual School and the school district or as 255
contracted under s. 1008.24, all industry certification 256
examinations, national assessments, progress monitoring under s. 257
1008.25(9), and statewide assessments must be taken at the 258
school to which the student would be assigned according to 259
district school board attendance areas. A school district must 260
provide the student with access to the school's testing 261
facilities, a test administrator, and the date and time of the 262
administration of progress monitoring and each examination or 263
assessment. 264
Section 2. This act shall take effect July 1, 2026. 265