Senate Bill 1122 (2025) — Florida Virtual School
SB 1122
Florida Bills
Florida Senate - 2025 SB 1122 By Senator Burton 12-00610B-25 20251122__ Page 1 of 13 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to the Florida Virtual School; 2 amending s. 1002.37, F.S.; deleting provisions 3 requiring the Florida Virtual School to give priority 4 to certain students; requiring the Florida Virtual 5 School to ensure that parents, in addition to 6 students, are informed of specified information; 7 providing that officers and employees are granted 8 sovereign immunity in addition to the board of 9 trustees; providing that the Florida Virtual School 10 president and chief executive officer may call a 11 meeting of the board of trustees; providing that the 12 board of trustees may fund the education delivery 13 system through supplemental funding in addition to the 14 Florida Education Finance Program; requiring that 15 certain funds be used to support the school’s mission; 16 authorizing the Florida Virtual School to accrue 17 supplemental revenue from direct-support 18 organizations; providing that certain expenditures are 19 contingent upon review and approval by the Florida 20 Virtual School president and chief executive officer 21 or authorized designees, rather than the executive 22 director; removing the executive director’s 23 authorization to override certain proposed 24 expenditures; requiring, rather than authorizing, 25 specified employees to be state employees for the 26 purpose of being eligible to participate in the 27 Florida Retirement System and to receive benefits; 28 deleting a requirement for the board of trustees to 29
Florida Senate - 2025 SB 1122 12-00610B-25 20251122__ Page 2 of 13 CODING: Words stricken are deletions; words underlined are additions. establish priorities for the admission of students; 30 authorizing the board of trustees to enter into 31 contracts with other educational institutions and 32 government agencies; deleting requirements for the 33 board of trustees to establish performance and 34 accountability measures and report performance of 35 school district franchises to the Commissioner of 36 Education; providing that the safe schools allocation 37 is included in the calculation to determine state 38 funds; deleting certain requirements relating to an 39 audit report submitted annually by the board of 40 trustees to specified entities; authorizing the 41 Florida Virtual School to provide instruction to 42 students in the Florida Early Learning-20 education 43 system, rather than kindergarten through grade 12; 44 requiring that international assessments offered by 45 the school district be made available to all Florida 46 Virtual School students; requiring that students have 47 access to a test administrator; making technical 48 changes; amending s. 1002.51, F.S.; revising the 49 definition of the term “public school prekindergarten 50 provider” to include the Florida Virtual School; 51 amending s. 1002.53, F.S.; providing that programs 52 provided by the Florida Virtual School are eligible 53 for the Voluntary Prekindergarten Education Program; 54 providing an effective date. 55 56 Be It Enacted by the Legislature of the State of Florida: 57 58
Florida Senate - 2025 SB 1122 12-00610B-25 20251122__ Page 3 of 13 CODING: Words stricken are deletions; words underlined are additions.
Section 1. Paragraphs (
b) and (
c) of subsection (1), 59 subsection (2), paragraph (
f) of subsection (3), subsections 60 (4), (7), and (9), and paragraphs (
c) and (
d) of subsection (10) 61 of
section 1002.37, Florida Statutes, are amended to read: 62 1002.37 The Florida Virtual School.— 63 (1) 64 (
b) The mission of the Florida Virtual School is to provide 65 students with technology-based educational opportunities to gain 66 the knowledge and skills necessary to succeed. The school shall 67 serve as a delivery method in the Early Learning-20 education 68 system for all students any student in the state who meet meets 69 the profile for success in this educational delivery context and 70 shall give priority to: 71 1.
Students who need expanded access to courses in order to 72 meet their educational goals, such as home education students 73 and students in inner-city and rural high schools who do not 74 have access to higher-level courses. 75 2. Students seeking accelerated access in order to obtain a 76 high school diploma at least one semester early. 77 3. Students who are children of an active duty member of 78 the United States Armed Forces who is not stationed in this 79 state whose home of record or state of legal residence is 80 Florida. 81 (
c) To ensure parents and students are informed of the 82 opportunities offered by the Florida Virtual School, the 83 commissioner shall provide the board of trustees of the Florida 84 Virtual School access to the records of public school students 85 in a format prescribed by the board of trustees. 86 87
Florida Senate - 2025 SB 1122 12-00610B-25 20251122__ Page 4 of 13 CODING: Words stricken are deletions; words underlined are additions. The board of trustees of the Florida Virtual School shall 88 identify appropriate performance measures and standards based on 89 student achievement that reflect the school’s statutory mission 90 and priorities, and shall implement an accountability system for 91 the school that includes assessment of its effectiveness and 92 efficiency in providing quality services that encourage high 93 student achievement, seamless articulation, and maximum access. 94
(2) The Florida Virtual School shall be governed by a board 95 of trustees composed comprised of seven members appointed by the 96 Governor to 4-year staggered terms. The board of trustees shall 97 be a public agency entitled to sovereign immunity pursuant to s. 98 768.28, and board members shall be public officers who shall 99 bear fiduciary responsibility for the Florida Virtual School. 100 The board of trustees shall have the following powers and 101 duties: 102 (a)1.
The board of trustees shall meet at least 4 times 103 each year, upon the call of the board chair, or at the request 104 of a majority of the membership, or at the request of the 105 Florida Virtual School president and chief executive officer. 106 2. The fiscal year for the Florida Virtual School is shall 107 be the state fiscal year as provided in s. 216.011(1)(q). 108 (
b) The board of trustees shall be responsible for the 109 Florida Virtual School’s development of a state-of-the-art 110 technology-based education delivery system that is cost-111 effective, educationally sound, marketable, and capable of 112 sustaining a self-sufficient delivery system through the Florida 113 Education Finance Program and other supplemental funding 114 sources. 115 (
c) The board of trustees shall aggressively seek avenues 116
Florida Senate - 2025 SB 1122 12-00610B-25 20251122__ Page 5 of 13 CODING: Words stricken are deletions; words underlined are additions. to generate revenue to support its future endeavors, and shall 117 enter into agreements with distance learning providers. The 118 board of trustees may acquire, enjoy, use, and dispose of 119 patents, copyrights, and trademarks and any licenses and other 120 rights or interests thereunder or therein.
Ownership of all such 121 patents, copyrights, trademarks, licenses, and rights or 122 interests thereunder or therein vests shall vest in the state, 123 with the board of trustees having full right of use and full 124 right to retain the revenues derived therefrom. Any funds 125 realized from patents, copyrights, trademarks, or licenses are 126 shall be considered internal funds as provided in s. 1011.07. 127 Such funds must shall be used to support the school’s mission, 128 marketing, and research, and development activities in order to 129 improve courseware and services to its students. 130 (
d) The board of trustees shall be responsible for the 131 administration and control of all local school funds derived 132 from all activities or sources and shall prescribe the 133 principles and procedures to be followed in administering these 134 funds. 135 (
e) The Florida Virtual School may accrue supplemental 136 revenue from direct-support organizations and supplemental 137 support organizations, which include, but are not limited to, 138 alumni associations, foundations, parent-teacher associations, 139 and booster associations. The governing body of each direct-140 support and supplemental support organization shall recommend 141 the expenditure of moneys collected by the organization for the 142 benefit of the school. Such expenditures are shall be contingent 143 upon the review and approval of the Florida Virtual School 144 president and chief executive officer or authorized designees 145
Florida Senate - 2025 SB 1122 12-00610B-25 20251122__ Page 6 of 13 CODING: Words stricken are deletions; words underlined are additions. executive director. The executive director may override any 146 proposed expenditure of the organization that would violate 147 Florida law or breach sound educational management. 148 (
f) In accordance with law and rules of the State Board of 149 Education, the board of trustees shall administer and maintain 150 personnel programs for all employees of the board of trustees 151 and the Florida Virtual School. The board of trustees may adopt 152 rules, policies, and procedures related to the appointment, 153 employment, and removal of personnel. 154 1. The board of trustees shall determine the compensation, 155 including salaries and fringe benefits, and other conditions of 156 employment for such personnel. 157 2.
The board of trustees may establish and maintain a 158 personnel loan or exchange program by which persons employed by 159 the board of trustees for the Florida Virtual School as academic 160 administrative and instructional staff may be loaned to, or 161 exchanged with persons employed in like capacities by, public 162 agencies either within or without this state, or by private 163 industry. With respect to public agency employees, the program 164 authorized by this subparagraph must shall be consistent with 165 the requirements of
part II of
chapter 112. The salary and 166 benefits of board of trustees personnel participating in the 167 loan or exchange program must shall be continued during the 168 period of time they participate in a loan or exchange program, 169 and such personnel are shall be deemed to have no break in 170 creditable or continuous service or employment during such time. 171 The salary and benefits of persons participating in the 172 personnel loan or exchange program who are employed by public 173 agencies or private industry must shall be paid by the 174
Florida Senate - 2025 SB 1122 12-00610B-25 20251122__ Page 7 of 13 CODING: Words stricken are deletions; words underlined are additions. originating employers of those participants, and such personnel 175 are shall be deemed to have no break in creditable or continuous 176 service or employment during such time. 177 3.
The employment of all Florida Virtual School academic 178 administrative and instructional personnel or educational 179 support employees as those terms are defined in s. 1012.01(3), 180 (2), or (6), respectively, is shall be subject to rejection for 181 cause by the board of trustees, and shall be subject to policies 182 of the board of trustees relative to certification, tenure, 183 leaves of absence, sabbaticals, remuneration, and such other 184 conditions of employment as the board of trustees deems 185 necessary and proper, not inconsistent with law. 186 4.
Each person employed by the board of trustees in an 187 academic administrative or instructional capacity with the 188 Florida Virtual School is shall be entitled to a contract as 189 provided by policies rules of the board of trustees. 190 5. All employees except temporary, seasonal, and student 191 employees shall may be state employees for the purpose of being 192 eligible to participate in the Florida Retirement System and 193 receive benefits.
The classification and pay plan, including 194 terminal leave and other benefits, and any amendments thereto, 195 are shall be subject to review and approval by the Department of 196 Management Services and the Executive Office of the Governor 197 prior to adoption. 198 (
g) The board of trustees shall establish priorities for 199 admission of students in accordance with paragraph (1)(b). 200 (
h) The board of trustees shall establish and distribute to 201 all school districts and high schools in this the state 202 procedures for enrollment of students in courses offered by the 203
Florida Senate - 2025 SB 1122 12-00610B-25 20251122__ Page 8 of 13 CODING: Words stricken are deletions; words underlined are additions. Florida Virtual School. 204 (h)(
i) The board of trustees shall establish criteria 205 defining the elements of an approved franchise. The board of 206 trustees may enter into contracts and franchise agreements with 207 Florida district school boards or other educational institutions 208 and government agencies and may establish the terms and 209 conditions governing such agreements. The board of trustees 210 shall establish the performance and accountability measures and 211 report the performance of each school district franchise to the 212 Commissioner of Education. 213 (i)(
j) The board of trustees shall submit to the State 214 Board of Education both forecasted and actual enrollments and 215 credit completions for the Florida Virtual School, according to 216 procedures established by the State Board of Education. At a 217 minimum, such procedures must include the number of public, 218 private, and home education students served by program and by 219 county of residence. 220 (j)(
k) The board of trustees shall provide for the content 221 and custody of student and employee personnel records. Student 222 records are shall be subject to the provisions of s. 1002.22. 223 Employee records are shall be subject to the provisions of s. 224 1012.31. 225 (k)(
l) The financial records and accounts of the Florida 226 Virtual School must shall be maintained under the direction of 227 the board of trustees and under rules adopted by the State Board 228 of Education for the uniform system of financial records and 229 accounts for the schools of this the state. 230 231 The Governor shall designate the initial chair of the board of 232
Florida Senate - 2025 SB 1122 12-00610B-25 20251122__ Page 9 of 13 CODING: Words stricken are deletions; words underlined are additions. trustees to serve a term of 4 years. Members of the board of 233 trustees shall serve without compensation, but may be reimbursed 234 for per diem and travel expenses pursuant to s. 112.061.
The 235 board of trustees shall be a body corporate with all the powers 236 of a body corporate and such authority as is needed for the 237 proper operation and improvement of the Florida Virtual School. 238 The board of trustees is specifically authorized to adopt rules, 239 policies, and procedures, consistent with law and rules of the 240 State Board of Education related to governance, personnel, 241 budget and finance, administration, programs, curriculum and 242 instruction, travel and purchasing, technology, students, 243 contracts and grants, and property as necessary for optimal, 244 efficient operation of the Florida Virtual School.
Tangible 245 personal property owned by the board of trustees is shall be 246 subject to the provisions of
chapter 273. 247
(3) Funding for the Florida Virtual School shall be 248 provided as follows: 249 (
f) The Florida Virtual School shall receive state funds 250 for operating purposes as provided in the General Appropriations 251 Act.
The calculation to determine the amount of state funds 252 includes: the sum of the basic amount for current operations 253 established in s. 1011.62(1)(s), the discretionary millage 254 compression supplement established in s. 1011.62(5), the state-255 funded discretionary contribution established in s. 1011.62(6), 256 a per-full-time equivalent share of the exceptional student 257 education guaranteed allocation established in s. 1011.62(8), 258 the safe schools allocation established in s. 1011.62(12), and 259 the mental health assistance allocation established in s. 260 1011.62(13). 261
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(4) School districts operating a virtual school that is an 262 approved franchise of the Florida Virtual School may count full-263 time equivalent students, as provided in paragraph (3)(a), if 264 such school has been certified as an approved franchise by the 265 Commissioner of Education based on criteria established by the 266 board of trustees pursuant to paragraph (2)(h) (2)(i). 267
(7) The board of trustees shall annually submit to the 268 Governor, the Legislature, the Commissioner of Education, and 269 the State Board of Education the audit report prepared pursuant 270 to subsection (6) and a complete and detailed report setting 271 forth: 272 (
a) the operations and accomplishments of the Florida 273 Virtual School within the state and those occurring outside the 274 state as Florida Virtual School Global. 275 (
b) The marketing and operational plan for the Florida 276 Virtual School and Florida Virtual School Global, including 277 recommendations regarding methods for improving the delivery of 278 education through the Internet and other distance learning 279 technology. 280 (
c) The assets and liabilities of the Florida Virtual 281 School and Florida Virtual School Global at the end of the 282 fiscal year. 283 (
d) Recommendations regarding the unit cost of providing 284 services to students through the Florida Virtual School and 285 Florida Virtual School Global. In order to most effectively 286 develop public policy regarding any future funding of the 287 Florida Virtual School, it is imperative that the cost of the 288 program is accurately identified. The identified cost of the 289 program must be based on reliable data. 290
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e) Recommendations regarding an accountability mechanism 291 to assess the effectiveness of the services provided by the 292 Florida Virtual School and Florida Virtual School Global. 293 (9)(
a) The Florida Virtual School may provide full-time and 294 part-time instruction for students in the Florida Early 295 Learning-20 education system kindergarten through grade 12. 296 (
b) For students receiving full-time or part-time 297 instruction in kindergarten through grade 12 5 and students 298 receiving full-time instruction in kindergarten through grade 12 299 from the Florida Virtual School, the full-time equivalent 300 student enrollment calculated under this subsection is subject 301 to the requirements in s. 1011.61(4). 302 (10) 303 (
c) Industry certification examinations, national 304 assessments, and statewide assessments, and international 305 assessments offered by the school district must shall be 306 available to all Florida Virtual School students. 307 (
d) Unless an alternative testing site is mutually agreed 308 to by the Florida Virtual School and the school district or as 309 contracted under s. 1008.24, all industry certification 310 examinations, national assessments, progress monitoring under s. 311 1008.25(9), and statewide assessments, and international 312 assessments must be taken at the school to which the student 313 would be assigned according to district school board attendance 314 areas. A school district shall must provide the student with 315 access to the school’s testing facilities, a test administrator, 316 and the date and time of the administration of progress 317 monitoring and each examination or assessment. 318
Section 2. Subsection (8) of
section 1002.51, Florida 319
Florida Senate - 2025 SB 1122 12-00610B-25 20251122__ Page 12 of 13 CODING: Words stricken are deletions; words underlined are additions. Statutes, is amended to read: 320 1002.51
Definitions.—As used in this part, the term: 321 (8) “Public school prekindergarten provider” includes a 322 traditional public school, or a charter school, or the Florida 323 Virtual School that is eligible to deliver the school-year 324 prekindergarten program under s. 1002.63 or the summer 325 prekindergarten program under s. 1002.61. 326
Section 3. Paragraphs (
a) and (
b) of subsection (4) and 327 paragraph (
c) of subsection (6) of
section 1002.53, Florida 328 Statutes, are amended, and paragraph (
e) is added to subsection 329 (3) of that section, to read: 330 1002.53 Voluntary Prekindergarten Education Program; 331 eligibility and enrollment.— 332
(3) The parent of each child eligible under subsection (2) 333 may enroll the child in one of the following programs: 334 (
e) A school-year or summer prekindergarten education 335 program delivered by the Florida Virtual School under s. 336 1002.37. 337 338 Except as provided in s. 1002.71(4), a child may not enroll in 339 more than one of these programs. 340 (4)(
a) Each parent enrolling a child in the Voluntary 341 Prekindergarten Education Program must complete and submit an 342 application to the early learning coalition through the single 343 point of entry established under s. 1002.82 or enroll directly 344 with the Florida Virtual School. 345 (
b) The application must be submitted on forms prescribed 346 by the department and must be accompanied by a certified copy of 347 the child’s birth certificate. The forms must include a 348
Florida Senate - 2025 SB 1122 12-00610B-25 20251122__ Page 13 of 13 CODING: Words stricken are deletions; words underlined are additions. certification, in substantially the form provided in s. 349 1002.71(6)(b)2., that the parent chooses the private 350 prekindergarten provider, or public school, or the Florida 351 Virtual School in accordance with this
section and directs that 352 payments for the program be made to the provider or school. The 353 department may authorize alternative methods for submitting 354 proof of the child’s age in lieu of a certified copy of the 355 child’s birth certificate. 356 (6) 357 (
c) A parent may enroll his or her child directly with the 358 Florida Virtual School Prekindergarten Education Program for 359 either the school-year program under s. 1002.63 or the summer 360 program under s. 1002.61, subject to available space. 361 (
d) Each private prekindergarten provider, and public 362 school, and the Florida Virtual School must comply with the 363 antidiscrimination requirements of 42 U.S.C. s. 2000d, 364 regardless of whether the provider or school receives federal 365 financial assistance. A private prekindergarten provider, or 366 public school, or the Florida Virtual School may not 367 discriminate against a parent or child, including the refusal to 368 admit a child for enrollment in the Voluntary Prekindergarten 369 Education Program, in violation of these antidiscrimination 370 requirements. 371