Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. CS for SB 1528
Ì7042484Î704248
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/11/2014 .
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1 following:
2
3 Senate Substitute for Amendment (393610) (with title
4 amendment)
5
6 Delete everything after the enacting clause
7 and insert:
8 Section 1. Paragraph (a) of subsection (3), paragraphs (b),
9 (c), and (h) of subsection (6), paragraph (a) of subsection (7),
10 paragraphs (n) and (o) of subsection (9), and paragraph (g) of
11 subsection (10) of section 1002.33, Florida Statutes, are
12 amended to read:
13 1002.33 Charter schools.—
14 (3) APPLICATION FOR CHARTER STATUS.—
15 (a) An application for a new charter school may be made by
16 an individual, teachers, parents, a group of individuals, a
17 municipality, or a legal entity organized under the laws of this
18 state. An application for a charter school may be made by the
19 military installation commander of a military installation, if
20 the commander is a member of the charter school's not-for-profit
21 governing board, the charter school is located on the military
22 installation, and the governing board operates the charter
23 school or contracts with a management company or similar entity
24 to operate the charter school.
25 (6) APPLICATION PROCESS AND REVIEW.—Charter school
26 applications are subject to the following requirements:
27 (b) A sponsor shall receive and review all applications for
28 a charter school using the an evaluation instrument developed by
29 the Department of Education. A sponsor shall receive and
30 consider charter school applications received on or before
31 August 1 of each calendar year for charter schools to be opened
32 at the beginning of the school district’s next school year, or
33 to be opened at a time agreed to by the applicant and the
34 sponsor. A sponsor may not refuse to receive a charter school
35 application submitted before August 1 and may receive an
36 application submitted later than August 1 if it chooses. In
37 order to facilitate greater collaboration in the application
38 process, an applicant may submit a draft charter school
39 application on or before May 1 with an application fee of $500.
40 If a draft application is timely submitted, the sponsor shall
41 review and provide feedback as to material deficiencies in the
42 application by July 1. The applicant shall then have until
43 August 1 to resubmit a revised and final application. The
44 sponsor may approve the draft application. A sponsor may not
45 charge an applicant for a charter any fee for the processing or
46 consideration of an application, and a sponsor may not base its
47 consideration or approval of a final application upon the
48 promise of future payment of any kind. Before approving or
49 denying any final application, the sponsor shall allow the
50 applicant, upon receipt of written notification, at least 7
51 calendar days to make technical or nonsubstantive corrections
52 and clarifications to address any deficiencies, including, but
53 not limited to, corrections of grammatical, typographical, and
54 like errors or missing signatures, if such errors are identified
55 by the sponsor as cause to deny the final application.
56 1. In order to facilitate an accurate budget projection
57 process, a sponsor shall be held harmless for FTE students who
58 are not included in the FTE projection due to approval of
59 charter school applications after the FTE projection deadline.
60 In a further effort to facilitate an accurate budget projection,
61 within 15 calendar days after receipt of a charter school
62 application, a sponsor shall report to the Department of
63 Education the name of the applicant entity, the proposed charter
64 school location, and its projected FTE.
65 2. In order to ensure fiscal responsibility, an application
66 for a charter school shall include a full accounting of expected
67 assets, a projection of expected sources and amounts of income,
68 including income derived from projected student enrollments and
69 from community support, and an expense projection that includes
70 full accounting of the costs of operation, including start-up
71 costs.
72 3.a. A sponsor shall by a majority vote approve or deny an
73 application no later than 60 calendar days after the application
74 is received, unless the sponsor and the applicant mutually agree
75 in writing to temporarily postpone the vote to a specific date,
76 at which time the sponsor shall by a majority vote approve or
77 deny the application. If the sponsor fails to act on the
78 application, an applicant may appeal to the State Board of
79 Education as provided in paragraph (c). If an application is
80 denied, the sponsor shall, within 10 calendar days after such
81 denial, articulate in writing the specific reasons, based upon
82 good cause, supporting its denial of the charter application and
83 shall provide the letter of denial and supporting documentation
84 to the applicant and to the Department of Education.
85 b. An application submitted by a high-performing charter
86 school identified pursuant to s. 1002.331 may be denied by the
87 sponsor only if the sponsor demonstrates by clear and convincing
88 evidence that:
89 (I) The application does not materially comply with the
90 requirements in paragraph (a);
91 (II) The charter school proposed in the application does
92 not materially comply with the requirements in paragraphs
93 (9)(a)-(f);
94 (III) The proposed charter school’s educational program
95 does not substantially replicate that of the applicant or one of
96 the applicant’s high-performing charter schools;
97 (IV) The applicant has made a material misrepresentation or
98 false statement or concealed an essential or material fact
99 during the application process; or
100 (V) The proposed charter school’s educational program and
101 financial management practices do not materially comply with the
102 requirements of this section.
103
104 Material noncompliance is a failure to follow requirements or a
105 violation of prohibitions applicable to charter school
106 applications, which failure is quantitatively or qualitatively
107 significant either individually or when aggregated with other
108 noncompliance. An applicant is considered to be replicating a
109 high-performing charter school if the proposed school is
110 substantially similar to at least one of the applicant’s high
111 performing charter schools and the organization or individuals
112 involved in the establishment and operation of the proposed
113 school are significantly involved in the operation of replicated
114 schools.
115 c. If the sponsor denies an application submitted by a
116 high-performing charter school, the sponsor must, within 10
117 calendar days after such denial, state in writing the specific
118 reasons, based upon the criteria in sub-subparagraph b.,
119 supporting its denial of the application and must provide the
120 letter of denial and supporting documentation to the applicant
121 and to the Department of Education. The applicant may appeal the
122 sponsor’s denial of the application directly to the State Board
123 of Education pursuant to paragraph (c) and must provide the
124 sponsor with a copy of the appeal sub-subparagraph (c)3.b.
125 4. For budget projection purposes, the sponsor shall report
126 to the Department of Education the approval or denial of a
127 charter application within 10 calendar days after such approval
128 or denial. In the event of approval, the report to the
129 Department of Education shall include the final projected FTE
130 for the approved charter school.
131 5. Upon approval of a charter application, the initial
132 startup shall commence with the beginning of the public school
133 calendar for the district in which the charter is granted unless
134 the sponsor allows a waiver of this subparagraph for good cause.
135 (c)1. An applicant may appeal any denial of that
136 applicant’s application or failure to act on an application to
137 the State Board of Education within no later than 30 calendar
138 days after receipt of the sponsor’s decision or failure to act
139 and shall notify the sponsor of its appeal. Any response of the
140 sponsor shall be submitted to the State Board of Education
141 within 30 calendar days after notification of the appeal. Upon
142 receipt of notification from the State Board of Education that a
143 charter school applicant is filing an appeal, the Commissioner
144 of Education shall convene a meeting of the Charter School
145 Appeal Commission to study and make recommendations to the State
146 Board of Education regarding its pending decision about the
147 appeal. The commission shall forward its recommendation to the
148 state board at least 7 calendar days before the date on which
149 the appeal is to be heard. An appeal regarding the denial of an
150 application submitted by a high-performing charter school
151 pursuant to s. 1002.331 shall be conducted by the State Board of
152 Education in accordance with this paragraph, except that the
153 commission shall not convene to make recommendations regarding
154 the appeal. However, the Commissioner of Education shall review
155 the appeal and make a recommendation to the state board.
156 2. The Charter School Appeal Commission or, in the case of
157 an appeal regarding an application submitted by a high
158 performing charter school, the State Board of Education may
159 reject an appeal submission for failure to comply with
160 procedural rules governing the appeals process. The rejection
161 shall describe the submission errors. The appellant shall have
162 15 calendar days after notice of rejection in which to resubmit
163 an appeal that meets the requirements set forth in State Board
164 of Education rule. An appeal submitted subsequent to such
165 rejection is considered timely if the original appeal was filed
166 within 30 calendar days after receipt of notice of the specific
167 reasons for the sponsor’s denial of the charter application.
168 3.a. The State Board of Education shall by majority vote
169 accept or reject the decision of the sponsor no later than 90
170 calendar days after an appeal is filed in accordance with State
171 Board of Education rule. The State Board of Education shall
172 remand the application to the sponsor with its written decision
173 that the sponsor approve or deny the application. The sponsor
174 shall implement the decision of the State Board of Education.
175 The decision of the State Board of Education is not subject to
176 the provisions of the Administrative Procedure Act, chapter 120.
177 b. If an appeal concerns an application submitted by a
178 high-performing charter school identified pursuant to s.
179 1002.331, the State Board of Education shall determine whether
180 the sponsor’s denial of the application complies with the
181 requirements in sub-subparagraph (b)3.b. sponsor has shown, by
182 clear and convincing evidence, that:
183 (I) The application does not materially comply with the
184 requirements in paragraph (a);
185 (II) The charter school proposed in the application does
186 not materially comply with the requirements in paragraphs
187 (9)(a)-(f);
188 (III) The proposed charter school’s educational program
189 does not substantially replicate that of the applicant or one of
190 the applicant’s high-performing charter schools;
191 (IV) The applicant has made a material misrepresentation or
192 false statement or concealed an essential or material fact
193 during the application process; or
194 (V) The proposed charter school’s educational program and
195 financial management practices do not materially comply with the
196 requirements of this section.
197
198 The State Board of Education shall approve or reject the
199 sponsor’s denial of an application no later than 90 calendar
200 days after an appeal is filed in accordance with State Board of
201 Education rule. The State Board of Education shall remand the
202 application to the sponsor with its written decision that the
203 sponsor approve or deny the application. The sponsor shall
204 implement the decision of the State Board of Education. The
205 decision of the State Board of Education is not subject to the
206 Administrative Procedure Act, chapter 120.
207 (h)1. The terms and conditions for the operation of a
208 charter school shall be set forth by the sponsor and the
209 applicant in a written contractual agreement, called a charter.
210 The sponsor may not impose unreasonable rules or regulations
211 that violate the intent of giving charter schools greater
212 flexibility to meet educational goals. The sponsor has 30 days
213 after approval of the application to provide an initial proposed
214 charter contract to the charter school. The applicant and the
215 sponsor have 40 days thereafter to negotiate and notice the
216 charter contract for final approval by the sponsor unless both
217 parties agree to an extension. The proposed charter contract
218 shall be provided to the charter school at least 7 calendar days
219 prior to the date of the meeting at which the charter is
220 scheduled to be voted upon by the sponsor.
221 2. The Department of Education shall provide mediation
222 services for any dispute regarding this section subsequent to
223 the approval of a charter application and for any dispute
224 relating to the approved charter, except disputes regarding
225 charter school application denials.
226 3. If the Commissioner of Education determines that a the
227 dispute cannot be settled through mediation, or if the sponsor
228 or charter school requests to bypass mediation, a the dispute
229 must be immediately forwarded may be appealed to an
230 administrative law judge appointed by the Division of
231 Administrative Hearings.
232 a. The administrative law judge must issue a summary final
233 order for a dispute regarding language to be included in the
234 initial charter contract. The administrative law judge may
235 consider all documents determined necessary by the
236 administrative law judge to issue the summary final order. The
237 administrative law judge must hold at least one conference with
238 the parties to discuss the dispute, and may require other
239 proceedings only if determined necessary by the administrative
240 law judge. The summary final order must consist of a summary of
241 the facts and law, the position of the charter school and
242 sponsor, the administrative law judge’s disposition of the
243 dispute and supporting rationale, and may include other
244 information if determined necessary by the administrative law
245 judge. The administrative law judge’s summary final order must
246 be issued within 30 calendar days after receipt of the referral
247 of the dispute from the Commissioner of Education.
248 b. The administrative law judge has final order authority
249 to rule on issues of equitable treatment of the charter school
250 as a public school, whether proposed provisions of the charter
251 renewals or amendments violate the intended flexibility granted
252 charter schools by statute, or on any other matter regarding
253 this section except a charter school application denial, a
254 charter termination, or a charter nonrenewal.
255 c. The administrative law judge’s summary final order or
256 final order pursuant to this subparagraph and shall award the
257 prevailing party reasonable attorney’s fees and costs incurred
258 to be paid by the losing party. The costs of the administrative
259 hearing shall be paid by the party whom the administrative law
260 judge rules against.
261 (7) CHARTER.— The major issues involving the operation of a
262 charter school shall be considered in advance and written into
263 the charter. The charter shall be signed by the governing board
264 of the charter school and the sponsor, following a public
265 hearing to ensure community input.
266 (a) The charter shall address and criteria for approval of
267 the charter shall be based on:
268 12. The term of the charter which shall provide for
269 cancellation of the charter if insufficient progress has been
270 made in attaining the student achievement objectives of the
271 charter and if it is not likely that such objectives can be
272 achieved before expiration of the charter. The initial term of
273 the a charter, which shall be for 4 or 5 years. In order to
274 facilitate access to long-term financial resources for charter
275 school construction, Charter schools that are operated by a
276 municipality or other public entity, as provided by law, or a
277 private, not-for-profit, s. 501(c)(3) status corporation are
278 eligible for up to a 15-year charter, subject to approval by the
279 district school board, which consent may not unreasonably
280 withheld. A charter lab school is also eligible for a charter
281 for a term of up to 15 years. In addition, to facilitate access
282 to long-term financial resources for charter school
283 construction, charter schools that are operated by a private,
284 not-for-profit, s. 501(c)(3) status corporation are eligible for
285 up to a 15-year charter, subject to approval by the district
286 school board. Such long-term charters remain subject to annual
287 review and may be terminated during the term of the charter, but
288 only according to the provisions set forth in subsection (8).
289 20. Termination or nonrenewal of the charter pursuant to
290 subsection (8), including termination for failure to make
291 sufficient progress towards attaining the student achievement
292 objectives of the charter.
293 (9) CHARTER SCHOOL REQUIREMENTS.—
294 (n)4. A charter school’s charter is automatically
295 terminated if the charter school earns two consecutive grades of
296 “F,” after all school grade appeals are final, The sponsor shall
297 terminate a charter if the charter school earns two consecutive
298 grades of “F” unless:
299 a. The charter school is established to turn around the
300 performance of a district public school pursuant to s.
301 1008.33(4)(b)3. Such charter schools shall be governed by s.
302 1008.33;
303 b. The charter school serves a student population the
304 majority of which resides in a school zone served by a district
305 public school that earned a grade of “F” in the year before the
306 charter school opened and the charter school earns at least a
307 grade of “D” in its third year of operation. The exception
308 provided under this sub-subparagraph does not apply to a charter
309 school in its fourth year of operation and thereafter; or
310 c. The state board grants the charter school a waiver of
311 termination. The charter school must request the waiver within
312 15 days after the department’s official release of school
313 grades. The state board may waive termination if the charter
314 school demonstrates that the learning gains of its students on
315 statewide assessments are comparable to or better than the
316 learning gains of similarly situated students enrolled in nearby
317 district public schools. The waiver is valid for 1 year and may
318 only be granted once. Charter schools that have been in
319 operation for more than 5 years are not eligible for a waiver
320 under this sub-subparagraph.
321
322 The sponsor shall notify in writing the charter school’s
323 governing board, the charter school principal, and the
324 department when a charter is terminated under this subparagraph.
325 A charter terminated under this subparagraph is governed by the
326 requirements of paragraphs (8)(e)-(g) and (9)(o).
327 (o)1. Upon initial notification of nonrenewal, closure, or
328 termination of its charter, a charter school may not expend more
329 than $10,000 per expenditure without prior written approval from
330 the sponsor unless such expenditure was included within the
331 annual budget submitted to the sponsor pursuant to the charter
332 contract, is for reasonable attorney fees and costs during the
333 pendency of any hearing or appeal, or is for reasonable fees and
334 costs to conduct an independent audit.
335 2. An independent audit shall be completed within 30 days
336 after notice of nonrenewal, closure, or termination to account
337 for all public funds and assets.
338 3. A provision in a charter contract that contains an
339 acceleration clause requiring the expenditure of funds based
340 upon closure or upon notification of nonrenewal or termination
341 is void and unenforceable.
342 4. A charter school may not enter into a contract with an
343 employee that exceeds the term of the school’s charter contract
344 with its sponsor.
345 5. A violation of this paragraph triggers a reversion or
346 clawback power by the sponsor allowing for collection of an
347 amount equal to or less than the accelerated amount that exceeds
348 normal expenditures. The reversion or clawback plus legal fees
349 and costs shall be levied against the person or entity receiving
350 the accelerated amount.
351 (10) ELIGIBLE STUDENTS.—
352 (g)1. A student may withdraw from a charter school at any
353 time and enroll in another public school as determined by
354 district school board rule. A charter school must request, but
355 may not require, that the student withdrawing or the parent of
356 the student withdrawing complete a survey and provide
357 information concerning the student’s experiences at the charter
358 school and reasons for withdrawal. A charter school must provide
359 in its annual report to its sponsor and the Department of
360 Education the total number of students that leave the charter
361 school and their reasons for leaving the charter school,
362 including but not limited to, withdrawal, suspension, and
363 dismissal, if known.
364 2. A student may only receive disciplinary action,
365 including but not limited to suspension or dismissal, on the
366 grounds and in the manner specified in the charter school’s code
367 of student conduct.
368 Section 2. Subsection (5) of section 1002.331, Florida
369 Statutes, is amended to read:
370 1002.331 High-performing charter schools.—
371 (5) The Commissioner of Education, upon request by a
372 charter school, shall verify that the charter school meets the
373 criteria in subsection (1) and provide a letter to the charter
374 school and the sponsor stating that the charter school is a
375 high-performing charter school pursuant to this section. The
376 commissioner shall annually determine whether a high-performing
377 charter school under subsection (1) continues to meet the
378 criteria in that subsection. Such high-performing charter school
379 shall maintain its high-performing status unless the
380 commissioner determines that the charter school no longer meets
381 the criteria in subsection (1), at which time the commissioner
382 shall send a letter to the charter school and its sponsor
383 providing notification that the charter school has been
384 declassified of its declassification as a high-performing
385 charter school.
386 Section 3. Paragraph (a) of subsection (1) of section
387 1013.62, Florida Statutes, is amended to read:
388 1013.62 Charter schools capital outlay funding.—
389 (1) In each year in which funds are appropriated for
390 charter school capital outlay purposes, the Commissioner of
391 Education shall allocate the funds among eligible charter
392 schools.
393 (a) To be eligible for a funding allocation, a charter
394 school must:
395 1.a. Have been in operation for 3 or more years;
396 b. Be governed by a governing board established in the
397 state for 3 or more years which operates both charter schools
398 and conversion charter schools within the state;
399 c. Be an expanded feeder chain of a charter school within
400 the same school district that is currently receiving charter
401 school capital outlay funds;
402 d. Have been accredited by the Commission on Schools of the
403 Southern Association of Colleges and Schools; or
404 e. Serve students in facilities that are provided by a
405 business partner for a charter school-in-the-workplace pursuant
406 to s. 1002.33(15)(b).
407 2. For the most recent fiscal year for which an audit is
408 available, have an audit that does not reveal one or more of the
409 following emergency financial conditions: stability for future
410 operation as a charter school.
411 a. During that fiscal year, failure to pay short-term loans
412 and failure to timely make bond debt service or other long-term
413 debt payments due to a lack of funds.
414 b. Failure to pay uncontested claims from creditors within
415 90 days after the claim is presented due to a lack of funds.
416 c. Failure to transfer at the appropriate time, due to lack
417 of funds:
418 (I) Taxes withheld on the income of employees; or
419 (II) Employer and employee contributions for federal social
420 security or any other pension, retirement, or benefit plan of an
421 employee.
422 d. Failure for one pay period to pay, due to lack of funds:
423 (I) Wages and salaries owed to employees; or
424 (II) Retirement benefits owed to former employees.
425 3. Have satisfactory student achievement based on state
426 accountability standards applicable to the charter school.
427 4. Have received final approval from its sponsor pursuant
428 to s. 1002.33 for operation during that fiscal year.
429 5. Serve students in facilities that are not provided by
430 the charter school’s sponsor.
431 Section 4. This act shall take effect July 1, 2014.
432
433 ================= T I T L E A M E N D M E N T ================
434 And the title is amended as follows:
435 Delete everything before the enacting clause
436 and insert:
437 A bill to be entitled
438 An act relating to charter schools; amending s.
439 1002.33, F.S.; authorizing a military installation
440 commander of a military installation to apply for a
441 charter school located on the military installation;
442 establishing conditions for the commander and charter
443 school governing board; conforming provisions
444 regarding the appeal process for denial of high
445 performing charter school applications; authorizing
446 contract disputes to be referred to the Division of
447 Administrative Hearings for summary final order;
448 removing limitation of access to long-term charters
449 for a private, not-for-profit corporation; clarifying
450 provisions regarding charter terminations; specifying
451 that a charter is automatically terminated when a
452 charter school earns two consecutive grades of “F”
453 after all appeals unless an exception applies;
454 specifying requirements regarding such terminations;
455 providing that a charter school may only discipline
456 students for the grounds and in the manner specified
457 in the code of student conduct; amending s. 1002.331,
458 F.S.; clarifying the commissioner's requirements when
459 a high performing charter school is declassified;
460 amending s. 1013.62, F.S.; requiring that a charter
461 school not have financial emergency conditions on an
462 annual audit in order to qualify for capital outlay
463 funding; providing an effective date.
464
465