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HB 523 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 virtual learning; amending s. 2
1002.37, F.S.; revising the purpose of the Florida 3
Virtual School to provide for the development and 4
delivery of blended learning; requiring the Florida 5
Virtual School to give priority to students enrolled 6
in certain Department of Corrections education 7
programs; conforming a reporting requirement to 8
changes made by the act; revising the calculation of 9
funding for the Florida Virtual School; requiring 10
full-time equivalent students enrolled in a certain 11
blended learning program to be reported to the 12
Department of Education in a specified manner; 13
providing conditions under which the Florida Virtual 14
School may be funded through the Florida Education 15
Finance Program; revising the requirements of a report 16
that the board of trustees of the Florida Virtual 17
School must annually submit to certain entities, 18
beginning with a specified school year; requiring 19
students enrolled in the Florida Virtual School 20
Justice Education Program to take specified 21
examinations and assessments at institutions or 22
facilities operated by, or under the supervision of, 23
the Department of Corrections; providing for the 24
determination of Florida Virtual School performance 25
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related to the Justice Education Program; creating s. 26
1002.371, F.S.; requiring the Florida Virtual School 27
to establish the Florida Virtual School Justice 28
Education Program, beginning with a specified school 29
year; providing the purpose of the program; providing 30
criteria for course delivery; requiring the Florida 31
Virtual School to report program students separately 32
from other students for funding purposes; providing 33
for funding of students enrolled in the program; 34
authorizing certain students to remain enrolled under 35
certain circumstances; prohibiting funding for such a 36
student from being reported through the Florida 37
Education Finance Program; requiring the Department of 38
Education, with assistance from specified entities, to 39
select a common student assessment instrument and 40
protocol for measuring student learning gains and 41
progression; requiring specified entities to jointly 42
review such assessment instrument and protocol and 43
implement changes as necessary; authorizing students 44
to appeal removal from the Florida Virtual School 45
Justice Education Program, subject to a final 46
determination on the appeal by the Commissioner of 47
Education; requiring the Florida Virtual School to 48
negotiate by a specified date and annually thereafter 49
a cooperative agreement with the Department of 50
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Corrections to implement the Florida Virtual School 51
Justice Education Program for the delivery of 52
educational services to students under the 53
jurisdiction of the Department of Corrections; 54
providing requirements for such agreement; providing 55
construction; requiring the state board and the 56
Department of Corrections to adopt rules; amending s. 57
1011.61, F.S.; revising the definition of the term 58
"full-time equivalent student"; amending s. 1011.62, 59
F.S.; conforming a provision to changes made by the 60
act; providing an effective date. 61
62
Be It Enacted by the Legislature of the State of Florida: 63
64
Section 1. Paragraphs (c) through (g) of subsection (3) of 65
section 1002.37, Florida Statutes, are redesignated as 66
paragraphs (d) through (h), respectively, a new paragraph (c) 67
and paragraph (i) are added to that subsection, paragraph (e) is 68
added to subsection (10), and paragraphs (a) and (b) of 69
subsection (1), paragraphs (c) and (j) of subsection (2), 70
paragraph (a) of subsection (3), and subsections (7) and (11) of 71
that section are amended, to read: 72
1002.37 The Florida Virtual School.— 73
(1)(a) The Florida Virtual School is established for the 74
development and delivery of online and blended distance learning 75
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education. The Commissioner of Education shall monitor the 76
school's performance and report its performance to the State 77
Board of Education and the Legislature. 78
(b) The mission of the Florida Virtual School is to 79
provide students with technology-based educational opportunities 80
to gain the knowledge and skills necessary to succeed. The 81
school shall serve any student in this the state who meets the 82
profile for success in this educational delivery context and 83
shall give priority to: 84
1. Students who need expanded access to courses in order 85
to meet their educational goals, such as home education students 86
and students in inner-city and rural high schools who do not 87
have access to higher-level courses. 88
2. Students seeking accelerated access in order to obtain 89
a high school diploma at least one semester early. 90
3. Students who are children of an active duty member of 91
the United States Armed Forces who is not stationed in this 92
state whose home of record or state of legal residence is 93
Florida. 94
4. Students enrolled in the Florida Virtual School Justice 95
Education Program pursuant to s. 1002.371. 96
97
The board of trustees of the Florida Virtual School shall 98
identify appropriate performance measures and standards based on 99
student achievement that reflect the school's statutory mission 100
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and priorities, and shall implement an accountability system for 101
the school that includes assessment of its effectiveness and 102
efficiency in providing quality services that encourage high 103
student achievement, seamless articulation, and maximum access. 104
(2) The Florida Virtual School shall be governed by a 105
board of trustees comprised of seven members appointed by the 106
Governor to 4-year staggered terms. The board of trustees shall 107
be a public agency entitled to sovereign immunity pursuant to s. 108
768.28, and board members shall be public officers who shall 109
bear fiduciary responsibility for the Florida Virtual School. 110
The board of trustees shall have the following powers and 111
duties: 112
(c) The board of trustees shall aggressively seek avenues 113
to generate revenue to support its future endeavors, and shall 114
enter into agreements with blended distance learning providers. 115
The board of trustees may acquire, enjoy, use, and dispose of 116
patents, copyrights, and trademarks and any licenses and other 117
rights or interests thereunder or therein. Ownership of all such 118
patents, copyrights, trademarks, licenses, and rights or 119
interests thereunder or therein shall vest in the state, with 120
the board of trustees having full right of use and full right to 121
retain the revenues derived therefrom. Any funds realized from 122
patents, copyrights, trademarks, or licenses are shall be 123
considered internal funds as provided in s. 1011.07. Such funds 124
shall be used to support the school's marketing and research and 125
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development activities in order to improve courseware and 126
services to its students. 127
(j) The board of trustees shall submit to the State Board 128
of Education both forecasted and actual enrollments and credit 129
completions for the Florida Virtual School, according to 130
procedures established by the State Board of Education. At a 131
minimum, such procedures must include the number of public, 132
private, and home education students served, by program and by 133
county of residence, and the number of students enrolled in the 134
Florida Virtual School Justice Education Program pursuant to s. 135
1002.371. 136
137
The Governor shall designate the initial chair of the board of 138
trustees to serve a term of 4 years. Members of the board of 139
trustees shall serve without compensation, but may be reimbursed 140
for per diem and travel expenses pursuant to s. 112.061. The 141
board of trustees shall be a body corporate with all the powers 142
of a body corporate and such authority as is needed for the 143
proper operation and improvement of the Florida Virtual School. 144
The board of trustees is specifically authorized to adopt rules, 145
policies, and procedures, consistent with law and rules of the 146
State Board of Education related to governance, personnel, 147
budget and finance, administration, programs, curriculum and 148
instruction, travel and purchasing, technology, students, 149
contracts and grants, and property as necessary for optimal, 150
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efficient operation of the Florida Virtual School. Tangible 151
personal property owned by the board of trustees shall be 152
subject to the provisions of chapter 273. 153
(3) Funding for the Florida Virtual School shall be 154
provided as follows: 155
(a)1. The calculation of a "full-time equivalent student" 156
enrolled in an online learning program must shall be as 157
prescribed in s. 1011.61(1)(c)1.b.(V) and is subject to s. 158
1011.61(3). 159
2. The calculation of a "full-time equivalent student" 160
enrolled in a blended learning program offered pursuant to s. 161
1002.371 must be as prescribed in s. 1011.61(1)(c)1.b.(I) and is 162
subject to s. 1011.61(3). 163
3.2. For a student in a home education program, funding 164
shall be provided in accordance with this subsection upon course 165
completion if the parent verifies, upon enrollment for each 166
course, that the student is registered with the school district 167
as a home education student pursuant to s. 1002.41(1)(a). 168
(c) A full-time equivalent student enrolled in a blended 169
learning program offered pursuant to s. 1002.371, including a 170
student enrolled during the summer, must be reported to the 171
Department of Education in the manner the department prescribes 172
and must be funded through the Florida Education Finance 173
Program. 174
(i) The Florida Virtual School may be funded for blended 175
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learning through the Florida Education Finance Program only for 176
full-time students enrolled in the Florida Virtual School 177
Justice Education Program pursuant to s. 1002.371. However, such 178
students may enroll in online courses and be funded as provided 179
in paragraph (a). 180
(7) The board of trustees shall annually submit to the 181
Governor, the Legislature, the Commissioner of Education, and 182
the State Board of Education the audit report prepared pursuant 183
to subsection (6) and a complete and detailed report setting 184
forth: 185
(a) The operations and accomplishments of the Florida 186
Virtual School within this the state and those occurring outside 187
this the state as Florida Virtual School Global and, beginning 188
with the 2026-2027 school year, the Florida Virtual School 189
Justice Education Program established under s. 1002.371. 190
(b) The marketing and operational plan for the Florida 191
Virtual School, and Florida Virtual School Global, and, 192
beginning with the 2026-2027 school year, the Florida Virtual 193
School Justice Education Program established under s. 1002.371, 194
including recommendations regarding methods for improving the 195
delivery of education through the Internet and other distance 196
learning technology. 197
(c) The assets and liabilities of the Florida Virtual 198
School and Florida Virtual School Global at the end of the 199
fiscal year. 200
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(d) Recommendations regarding the unit cost of providing 201
services to students through the Florida Virtual School, and 202
Florida Virtual School Global, and, beginning with the 2026-2027 203
school year, the Florida Virtual School Justice Education 204
Program established under s. 1002.371. In order to most 205
effectively develop public policy regarding any future funding 206
of the Florida Virtual School, it is imperative that the cost of 207
the program is accurately identified. The identified cost of the 208
program must be based on reliable data. 209
(e) Recommendations regarding an accountability mechanism 210
to assess the effectiveness of the services provided by the 211
Florida Virtual School, and Florida Virtual School Global, and, 212
beginning with the 2026-2027 school year, the Florida Virtual 213
School Justice Education Program established under s. 1002.371. 214
(10) 215
(e) Students enrolled in the Florida Virtual School 216
Justice Education Program pursuant to s. 1002.371 must take all 217
industry certification examinations, national assessments, and 218
statewide, standardized assessments at the institution or 219
facility operated by, or under the supervision of, the 220
Department of Corrections. 221
(11) The Florida Virtual School shall receive a school 222
grade pursuant to s. 1008.34 for students receiving full-time 223
instruction pursuant to this section. School performance for the 224
Florida Virtual School as it relates to the Justice Education 225
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Program must be assessed based on student learning gains and 226
student progression as demonstrated by the student assessment 227
instrument and protocol selected pursuant to s. 1002.371(6). 228
Section 2. Section 1002.371, Florida Statutes, is created 229
to read: 230
1002.371 Florida Virtual School Justice Education 231
Program.— 232
(1) Beginning with the 2026-2027 school year, the Florida 233
Virtual School shall establish the Florida Virtual School 234
Justice Education Program to offer inmates younger than 22 years 235
of age housed in institutions and facilities operated by, or 236
under the supervision of, the Department of Corrections the 237
opportunity to earn a standard high school diploma pursuant to 238
s. 1003.4282. Courses must be delivered in an educational 239
setting under the supervision of the Department of Corrections 240
by Florida Virtual School personnel certified pursuant to s. 241
1012.55 who provide instruction through online courses pursuant 242
to s. 1002.37 or through blended learning courses consisting of 243
both traditional classroom and online instructional techniques. 244
Students in blended learning courses must be full-time students 245
of the school as provided in s. 1011.61(1)(a)1. The funding, 246
performance, and accountability requirements for blended 247
learning courses are the same as those for traditional classroom 248
courses. 249
(2) The Florida Virtual School shall separately report all 250
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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
students enrolled in the program for purposes of the Florida 251
Education Finance Program. 252
(3) The Florida Virtual School shall receive state funds 253
for operating purposes as provided in the General Appropriations 254
Act for students enrolled in the program. The calculation to 255
determine the amount of state funds shall be as prescribed in s. 256
1002.37(3)(g). 257
(4) The program must include and receive funding for a 258
summer school period that must begin on the day immediately 259
following the end of the regular school year and end on the day 260
immediately preceding the subsequent regular school year. 261
Students may not be funded for more than 25 hours per week of 262
instruction. 263
(5) A student who turns 22 years of age while enrolled in 264
the program may remain enrolled if his or her continued 265
enrollment is approved by the Florida Virtual School and the 266
Department of Corrections; however, funding for such a student 267
may not be reported through the Florida Education Finance 268
Program. 269
(6) The Department of Education, with the assistance of 270
the Florida Virtual School and the Department of Corrections, 271
shall select a common student assessment instrument and protocol 272
for measuring student learning gains and student progression for 273
students receiving full-time instruction pursuant to this 274
section. The Department of Education, the Florida Virtual 275
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School, and the Department of Corrections, jointly, shall review 276
the effectiveness of such assessment instrument and protocol and 277
implement changes as necessary. 278
(7) A student who is removed from the program may appeal 279
to the Department of Education to seek reinstatement, subject to 280
a final determination on the appeal by the Commissioner of 281
Education. 282
(8) By July 1, 2027, and annually thereafter, the Florida 283
Virtual School shall negotiate a cooperative agreement with the 284
Department of Corrections for the delivery of educational 285
services to students under the jurisdiction of the Department of 286
Corrections to implement the program. Such agreement must 287
provide for, but is not limited to: 288
(a) Roles and responsibilities of the Florida Virtual 289
School and the Department of Corrections, including the roles 290
and responsibilities of contract providers. 291
(b) Resolution of administrative issues, including 292
procedures for sharing information. 293
(c) Allocation of resources, including the maximization of 294
state and federal funding. 295
(d) Procedures for educational evaluation for exceptional 296
education students and those with special needs. 297
(e) Procedures for individualized progress monitoring 298
plans developed for all students not classified upon entry to 299
the program as exceptional education students. These plans must 300
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address academic, literacy, career, and technical skills and 301
must include provisions for intensive remedial instruction in 302
areas of weakness. 303
(f) Curriculum and delivery of instruction, including 304
resources required for delivery of instruction through 305
technological means. 306
(g) Procedures for assessments, including, but not limited 307
to, industry certification examinations, national assessments, 308
and statewide, standardized assessments administered pursuant to 309
s. 1008.22 at an institution or facility operated by the 310
Department of Corrections. 311
(h) Classroom management procedures and attendance 312
policies. 313
(i) Procedures for provision of qualified personnel, 314
whether supplied by the Florida Virtual School or the Department 315
of Corrections, and for the performance of their duties in a 316
Department of Corrections setting. 317
(j) Provisions for improving skills in teaching and 318
working with students in the program. 319
(k) Transition plans for students moving into and out of 320
the program, including graduates transitioning to postsecondary 321
education or into the workforce. 322
(l) Procedures and timelines for the timely documentation 323
of credits earned and the transfer of student records. 324
(m) Methods and procedures for dispute resolution. 325
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(n) Provisions for ensuring the safety of education 326
personnel and support for the agreed-upon education program. 327
(9) This section and the cooperative agreement required 328
under subsection (8) do not require the Florida Virtual School 329
to provide more services than can be supported by the funds 330
generated by students participating in the program. 331
(10) This section does not prohibit a student from 332
participating in the Correctional Education Program pursuant to 333
s. 944.801. 334
(11) The State Board of Education and the Department of 335
Corrections shall adopt rules to administer this section. 336
Section 3. Paragraph (c) of subsection (1) of section 337
1011.61, Florida Statutes, is amended to read: 338
1011.61 Definitions.—Notwithstanding the provisions of s. 339
1000.21, the following terms are defined as follows for the 340
purposes of the Florida Education Finance Program: 341
(1) A "full-time equivalent student" in each program of 342
the district is defined in terms of full-time students and part-343
time students as follows: 344
(c)1. A "full-time equivalent student" is: 345
a. A full-time student in any one of the programs listed 346
in s. 1011.62(1)(c); or 347
b. A combination of full-time or part-time students in any 348
one of the programs listed in s. 1011.62(1)(c) which is the 349
equivalent of one full-time student based on the following 350
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calculations: 351
(I) A full-time student in a combination of programs 352
listed in s. 1011.62(1)(c) shall be a fraction of a full-time 353
equivalent membership in each special program equal to the 354
number of net hours per school year for which he or she is a 355
member, divided by the appropriate number of hours set forth in 356
subparagraph (a)1. The difference between that fraction or sum 357
of fractions and the maximum value as set forth in subsection 358
(4) for each full-time student is presumed to be the balance of 359
the student's time not spent in a special program and shall be 360
recorded as time in the appropriate basic program. 361
(II) A prekindergarten student with a disability shall 362
meet the requirements specified for kindergarten students. 363
(III) A full-time equivalent student for students in 364
kindergarten through grade 12 in a full-time virtual instruction 365
program under s. 1002.45 or a virtual charter school under s. 366
1002.33 shall consist of six full-credit completions or the 367
prescribed level of content that counts toward promotion to the 368
next grade in programs listed in s. 1011.62(1)(c). Credit 369
completions may be a combination of full-credit courses or half-370
credit courses. 371
(IV) A full-time equivalent student for students in 372
kindergarten through grade 12 in a part-time virtual instruction 373
program under s. 1002.45 shall consist of six full-credit 374
completions in programs listed in s. 1011.62(1)(c)1. and 3. 375
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Credit completions may be a combination of full-credit courses 376
or half-credit courses. 377
(V) A Florida Virtual School full-time equivalent student 378
in an online program shall consist of six full-credit 379
completions or the prescribed level of content that counts 380
toward promotion to the next grade in the programs listed in s. 381
1011.62(1)(c)1. and 3. for students participating in 382
kindergarten through grade 12 part-time virtual instruction and 383
the programs listed in s. 1011.62(1)(c) for students 384
participating in kindergarten through grade 12 full-time virtual 385
instruction. Credit completions may be a combination of full-386
credit courses or half-credit courses. 387
(VI) Each successfully completed full-credit course earned 388
through an online course delivered by a district other than the 389
one in which the student resides shall be calculated as 1/6 FTE. 390
(VII) A full-time equivalent student for courses requiring 391
passage of a statewide, standardized end-of-course assessment 392
under s. 1003.4282 to earn a standard high school diploma shall 393
be defined and reported based on the number of instructional 394
hours as provided in this subsection. 395
(VIII) For students enrolled in a school district as a 396
full-time student, the district may report 1/6 FTE for each 397
student who passes a statewide, standardized end-of-course 398
assessment without being enrolled in the corresponding course. 399
2. A student in membership in a program scheduled for more 400
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or less than 180 school days or the equivalent on an hourly 401
basis as specified by rules of the State Board of Education is a 402
fraction of a full-time equivalent membership equal to the 403
number of instructional hours in membership divided by the 404
appropriate number of hours set forth in subparagraph (a)1.; 405
however, for the purposes of this subparagraph, membership in 406
programs scheduled for more than 180 days is limited to students 407
enrolled in: 408
a. Juvenile justice education programs. 409
b. The Florida Virtual School. 410
c. Virtual instruction programs and virtual charter 411
schools for the purpose of course completion and credit recovery 412
pursuant to ss. 1002.45 and 1003.498. Course completion applies 413
only to a student who is reported during the second or third 414
membership surveys and who does not complete a virtual education 415
course by the end of the regular school year. The course must be 416
completed no later than the deadline for amending the final 417
student enrollment survey for that year. Credit recovery applies 418
only to a student who has unsuccessfully completed a traditional 419
or virtual education course during the regular school year and 420
must retake the course in order to be eligible to graduate with 421
the student's class. 422
423
The full-time equivalent student enrollment calculated under 424
this subsection is subject to the requirements in subsection 425
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(3). 426
427
The department shall determine and implement an equitable method 428
of equivalent funding for schools operating under emergency 429
conditions, which schools have been approved by the department 430
to operate for less than the minimum term as provided in s. 431
1011.60(2). 432
Section 4. Paragraph (d) of subsection (7) of section 433
1011.62, Florida Statutes, is amended to read: 434
1011.62 Funds for operation of schools.—If the annual 435
allocation from the Florida Education Finance Program to each 436
district for operation of schools is not determined in the 437
annual appropriations act or the substantive bill implementing 438
the annual appropriations act, it shall be determined as 439
follows: 440
(7) EDUCATIONAL ENRICHMENT ALLOCATION.— 441
(d) Funding on the basis of full-time equivalent 442
membership beyond the 180-day regular term shall be provided in 443
the Florida Education Finance Program only for students enrolled 444
in juvenile justice education programs, the Florida Virtual 445
School Justice Education Program pursuant to s. 1002.371, or in 446
education programs for juveniles placed in secure facilities or 447
programs pursuant to s. 985.19. Funding for instruction beyond 448
the regular 180-day school year for all other kindergarten 449
through grade 12 students shall be provided through the 450
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educational enrichment allocation and other state, federal, and 451
local funding sources with flexibility for schools to provide 452
educational enrichment activities and services to assist 453
students in grades kindergarten through 12. 454
Section 5. This act shall take effect July 1, 2026. 455