Current through Reg. 50, No. 187; September 24, 2024
(1) Purpose. Section
1002.45, F.S., requires each
school district to provide students the option to participate in a virtual
instruction program. The Department of Education will provide school districts
and virtual charter schools annually with a list of providers approved to offer
full and part-time virtual instruction programs under this section of
law.
(2)
(a) Application Form. Form VSP-02, Virtual
Instruction Program Application for Provider Approval (
https://www.flrules.org/Gateway/reference.asp?No=Ref-16848),
for becoming an approved provider for the Virtual Instruction Program, will be
used for those virtual education providers applying for approved status from
the State Board of Education. Form VSP-02 is hereby incorporated by reference
and made a part of this rule to become effective August 2024.
(b) Application Form. Form VSP-02R, Virtual
Instruction Program Application for Provider Renewal (
http://www.flrules.org/Gateway/reference.asp?No=Ref-16849),
for renewing an approved provider for the Virtual Instruction Program, will be
used for those virtual education providers applying for renewal status from the
State Board of Education. Form VSP-02R is hereby incorporated by reference and
made a part of this rule to become effective August 2024. Copies of forms
VSP-02 and VSP-02R may be obtained by contacting the Office of Independent
Education and Parental Choice, Florida Department of Education, 325 West Gaines
Street, Tallahassee, Florida 32399.
(3) Applications. The applications to become
an approved provider or for renewal will be available at
https://www.fldoe.org/schools/school-choice/virtual-edu/provider-resources
beginning September 1 of each year for the following school year and must be
accessed and submitted electronically. The deadline for filing the application
is September 30.
(a) Pursuant to Section
1002.45(2)(a)4., F.S., the applicant must possess prior successful experience
offering online courses to elementary, middle and high school students as
demonstrated by quantified student learning gains in each subject area and
grade level provided for consideration as an instruction program option.
1. Initial Approval. For applicants seeking
initial approval, prior successful experience shall be demonstrated as follows:
Learning gains shall show the degree of student learning growth occurring from
one school year to the next as required by state board rule for purpose of
calculating school grades, in accordance with Section
1008.34, F.S. The State Board of
Education shall conditionally approve a provider who is otherwise qualified but
without sufficient prior, successful experience offering online courses, to
offer courses measured by statewide assessments under Section
1008.22, F.S., with a learning
gains component, end-of-course assessments, or Advanced Placement (AP)
examinations. Conditional approval shall be valid for two (2) school years and,
based on the provider's subsequent experience in offering the courses under
this paragraph, the State Board of Education shall determine whether to grant
final approval to offer a virtual instruction program under the criteria for
successful experience as outlined in this paragraph. Beginning July 1, 2023,
conditional approval shall be valid for one (1) school year.
2. Renewal. Renewal applicants with a school
grade in the most recent grades release by the Department of Education meet the
prior successful experience criteria unless they are disqualified pursuant to
Section 1002.45(7),
F.S. Pursuant to Section
1002.45(7),
F.S., a provider who was disqualified under this section shall be ineligible
for approval for one (1) year. Thereafter, the provider must submit an
application for initial approval. Renewal applicants without a school grade
must meet the criteria for prior successful experience required for initial
approval.
(b) In
accordance with Section 1002.45(2)(a)5., F.S., the applicant must be accredited
by at least one of the following K-12 regional accrediting agencies, their
successors or assigns: Cognia, Middle States Association of Colleges and
Schools Commission on Elementary School and Secondary Schools, New England
Association of Schools and Colleges, Northwest Accreditation Commission, or
Western Association of Schools and Colleges.
(c) Pursuant to Section 1002.45(2)(a)6.,
F.S., the curriculum plan must include evidence:
1. That the applicant's online program and
courses meet the standards of the International Association of K12 Online
Learning;
2. That the applicant's
online program and courses meet the standards of the National Standards for
Quality Online Programs and Courses;
3. That its courses and services are aligned
to the most recently adopted Florida standards and measure student attainment
of those standards, including:
a. Where the
standard is taught in the course;
b. How the standard is taught; and,
c. How mastery is assessed.
File names for course alignment documents must include the
Florida course codes and titles specified in Florida's most current Course Code
Directory incorporated in Rule
6A-1.09441, F.A.C. (https://www.flrules.org/Gateway/reference.asp?No=Ref-07480)
and Rule 6A-1.09412, F.A.C. (https://www.flrules.org/Gateway/reference.asp?No=Ref-07481)
are hereby incorporated by reference and made a part of this rule. Copies may
be obtained by contacting the Office of Independent Education and Parental
Choice, Florida Department of Education, 325 West Gaines Street, Tallahassee,
Florida 32399.
4.
That mechanisms are in place to determine and ensure students have satisfied
promotion and graduation requirements. Mechanisms should include:
a. The use of formative and interim
assessment;
b. A multi-tiered
system of student supports, interventions and assistance to ensure student
progression toward promotion and graduation requirements;
c. Curriculum development, activities and
assessments based on principles that give all individuals equal opportunities
to learn, supporting flexibility in representation, expression, and
engagement;
d. Electronic and
information technology accessible to persons with disabilities; and,
e. Strategies to ensure comprehensible
instruction for students with limited English proficiency.
Upon request, the applicant will provide access for a virtual
walk-through of courses during the review phase of the application
process.
(d) The applicant will disclose on a
prominent place on its website the disclosure information required under
Section 1002.45(2)(a)7., F.S. Average student-teacher ratios are to be
calculated for core and elective courses for the following grade-level bands:
grades K-3, grades 4-8, and grades 9-12. The total number of students assigned
to full-time teachers must be provided. Student completion rate calculations
are to include all students who are enrolled for more than fourteen (14)
calendar days. Student performance accountability outcomes are to include
student assessment results for all students and by the following subgroups:
major racial and ethnic groups, economically disadvantaged students, students
with disabilities and students with limited English proficiency. "Major racial
and ethnic groups" shall include those groups reported for accountability
purposes under the Every Student Succeeds Act (ESSA) in any state or, if no
such prior reporting is available, shall include, at a minimum: American
Indian, Asian, Black/African American, Hispanic, and White.
(4) The Department of Education
will review each complete application and provide the applicant with a written
decision regarding the approval or denial of the application no later than
forty-five (45) calendar days after the deadline. Incomplete applications,
including applications lacking required supporting documentation will not be
reviewed. Approved providers will be posted to the website:
https://www.fldoe.org/schools/school-choice/virtual-edu/provider-resources/approved-providers/.
(5) Notice of Denial. If the application is
denied, the applicant will receive written notification identifying the
specific areas of deficiency. The applicant shall have thirty (30) calendar
days after receipt of the notice of denial to resolve any outstanding issues,
and resubmit its application for reconsideration. The applicant will receive a
final notice of approval or denial. If an application is denied a second time,
the State Board of Education will provide a final written notice to the
provider indicating that the application has been administratively closed and
that the provider may apply during the next application phase in accordance
with subsection (3) of this rule.
(6) Financial Statement. The applicant shall
use the Virtual Instruction Financial Statement (Form VSP-FS) as the basis for
the required monthly financial statement that must be provided to the
contracting school district, pursuant to Section
1002.45(4)(g),
F.S. Form VSP-FS is hereby incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-14700),
effective September 2022, and may be obtained electronically on the
Department's website at
https://www.fldoe.org/schools/school-choice/virtual-edu/provider-resources/,
or from the Office of Independent Education and Parental Choice, Department of
Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.
(7) Annual Audit. The applicant shall submit
the annual audit report and a written statement from the applicant in response
to any deficiencies identified within the report to the State Board of
Education and the Auditor General no later than nine (9) months after the end
of the preceding fiscal year. Submit annual audit and written statement to the
Office of Independent Education and Parental Choice, Department of Education,
325 West Gaines Street, Tallahassee, Florida 32399-0400.
(8) Revocation. The State Board of Education
shall revoke the approval of a provider who fails to comply with all the
requirements of Section
1002.45, F.S.
Rulemaking Authority
1001.02(1),
(2)(n),
1002.45(10) FS.
Law Implemented 1002.45
FS.
New 11-26-08, Amended 10-21-09, 3-20-11, 12-20-11, 1-23-13,
1-1-14, 7-28-15, 10-30-16, 8-21-18, 9-21-21, 9-20-22,
8-22-23.
