Florida Senate - 2015              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1552
       
       
       
       
       
                               Ì137566GÎ137566                          
       
       576-03377-15                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Education)
    1                        A bill to be entitled                      
    2         An act relating to student choice; amending s.
    3         1002.20, F.S.; conforming a provision to changes made
    4         by the act; authorizing parents of public school
    5         students to seek private educational choice options
    6         through the Florida Personal Learning Scholarship
    7         Accounts Program under certain circumstances;
    8         providing that a parent has the right to know certain
    9         financial information; requiring the information to be
   10         published in a parent guide; amending s. 1002.31,
   11         F.S.; requiring each district school board to allow a
   12         parent to enroll his or her child in and transport his
   13         or her child to any public school that has not reached
   14         capacity in the district; authorizing a school
   15         district to provide transportation to such students at
   16         the district’s discretion; requiring the student to
   17         remain at such school for a specified timeframe;
   18         revising requirements for the controlled open
   19         enrollment process; authorizing a parent to enroll his
   20         or her child in and transport his or her child to any
   21         public school that has not reached capacity in the
   22         state; requiring each district school board to
   23         establish a transfer process to another classroom
   24         teacher; providing that a parent is not given the
   25         right to choose a specific classroom teacher;
   26         providing requirements for the transfer process;
   27         amending s. 1002.33, F.S.; revising required contents
   28         of charter school applications; requiring a charter
   29         school to submit quarterly financial statements for
   30         the first year of operation with specified information
   31         included; requiring a charter school to submit a plan
   32         to become financially viable under certain
   33         circumstances; conforming provisions regarding the
   34         appeal process for denial of a high-performing charter
   35         school application; specifying that the reading
   36         curriculum and instructional strategies in a charter
   37         school’s charter satisfy the research-based reading
   38         plan requirement and that charter schools are eligible
   39         for the research-based reading allocation; requiring a
   40         person or officer of an entity who submits a charter
   41         school application to undergo background screening;
   42         prohibiting a sponsor from approving a charter school
   43         application until completion, receipt, and review of
   44         the results of such screening; requiring a charter to
   45         document that the governing board is independent of a
   46         management company or cooperative; revising charter
   47         provisions relating to long-term charters; revising
   48         the deadline by which a charter school must have a
   49         certificate of occupancy or temporary certificate of
   50         occupancy; revising conditions for nonrenewal or
   51         termination of a charter; requiring the sponsor to
   52         review monthly financial statements; requiring the
   53         sponsor to notify specified parties of a charter’s
   54         termination under certain circumstances; requiring a
   55         charter school’s governing board to appoint a
   56         representative to provide information and assistance
   57         to parents; requiring the governing board to hold a
   58         certain number of meetings that are noticed, open, and
   59         accessible to the public per school year; authorizing
   60         a charter school that has not reached capacity to be
   61         open to any student in the state; revising
   62         requirements for the funding of charter schools;
   63         prohibiting the district school board from delaying
   64         payment to a charter school under specified
   65         circumstances; requiring the Department of Education
   66         to include a standard application form when providing
   67         information to the public on how to form, operate, and
   68         enroll in a charter school; prohibiting an employee of
   69         a management company or cooperative from being a
   70         member of a charter school governing board;
   71         prohibiting specified conflicts of interests on the
   72         part of members of the governing board of a charter
   73         school or charter school cooperative organization;
   74         amending s. 1002.331, F.S.; providing an exception to
   75         the prohibition on a high-performing charter school
   76         establishing more than one charter school in this
   77         state under specified circumstances; conforming
   78         provisions and a cross-reference to changes made by
   79         the act; amending s. 1002.451, F.S.; conforming a
   80         provision to changes made by the act; creating s.
   81         1003.3101, F.S.; requiring each district school board
   82         to establish a classroom teacher transfer process for
   83         parents, approve or deny a request within a certain
   84         timeframe, and post an explanation of the transfer
   85         process in the student handbook or a similar
   86         publication; creating s. 1003.5711, F.S.; providing
   87         that certain students who are deemed eligible for
   88         hospitalized program services are considered students
   89         with a disability; authorizing an individual education
   90         plan to be modified to accommodate such services;
   91         requiring the student to continue to receive
   92         educational instruction; requiring a school district
   93         to provide the student with a certified teacher or to
   94         partner with the Florida Virtual School or an approved
   95         provider for instructional services under certain
   96         circumstances; requiring the department to transfer
   97         funds for the student; requiring a children’s hospital
   98         to provide adequate educational space for each
   99         student; requiring the hospital and school district to
  100         enter in an agreement; creating s. 1004.6491, F.S.;
  101         establishing the Florida Institute for Charter School
  102         Innovation; specifying requirements for the institute;
  103         requiring an annual report to the Governor and the
  104         Legislature; requiring a report on the institute’s
  105         annual financial audit to the Auditor General, the
  106         Board of Governors of the State University System, and
  107         the State Board of Education; amending s. 1011.61,
  108         F.S.; revising the definition of the term “full-time
  109         student” for the purposes of the Florida Education
  110         Finance Program; creating s. 1011.6202, F.S.; creating
  111         the Principal Autonomy Pilot Program Initiative;
  112         providing a procedure for a school district to
  113         participate in the program; providing requirements for
  114         participating school districts and schools; exempting
  115         participating school districts from certain laws and
  116         rules; requiring principals of participating schools
  117         to complete a specific professional development
  118         program; providing for the term of participation in
  119         the program; providing for renewal or revocation of
  120         authorization to participate in the program; providing
  121         for reporting and rulemaking; amending s. 1011.64,
  122         F.S.; providing that certain training may be included
  123         in school district minimum classroom expenditure
  124         requirements; amending s. 1011.69, F.S.; requiring
  125         participating district school boards to allocate a
  126         specified percentage of certain funds to participating
  127         schools; amending s. 1012.28, F.S.; providing
  128         additional authority and responsibilities of the
  129         principal of a participating school in a charter
  130         school district; amending s. 1012.42, F.S.;
  131         authorizing a parent who receives notification that a
  132         teacher is teaching outside his or her field to
  133         request that his or her child be transferred to
  134         another classroom teacher within the school and grade
  135         in which the child is currently enrolled; amending s.
  136         1012.986, F.S.; specifying the contents of a specific
  137         professional development program for certain school
  138         principals; amending s. 1013.62, F.S.; revising
  139         eligibility requirements for charter school capital
  140         outlay funding; specifying applicability of certain
  141         reporting requirements to charter schools and public
  142         schools; providing an effective date.
  143          
  144  Be It Enacted by the Legislature of the State of Florida:
  145  
  146         Section 1. Paragraphs (a) and (b) of subsection (6) and
  147  subsection (16) of section 1002.20, Florida Statutes, are
  148  amended to read:
  149         1002.20 K-12 student and parent rights.—Parents of public
  150  school students must receive accurate and timely information
  151  regarding their child’s academic progress and must be informed
  152  of ways they can help their child to succeed in school. K-12
  153  students and their parents are afforded numerous statutory
  154  rights including, but not limited to, the following:
  155         (6) EDUCATIONAL CHOICE.—
  156         (a) Public school choices.—Parents of public school
  157  students may seek whatever public school choice options that are
  158  applicable and available to students in their school districts.
  159  These options may include controlled open enrollment, single
  160  gender programs, lab schools, virtual instruction programs,
  161  charter schools, charter technical career centers, magnet
  162  schools, alternative schools, special programs, auditory-oral
  163  education programs, advanced placement, dual enrollment,
  164  International Baccalaureate, International General Certificate
  165  of Secondary Education (pre-AICE), Advanced International
  166  Certificate of Education, CAPE digital tools, CAPE industry
  167  certifications, collegiate high school programs, early
  168  admissions, credit by examination or demonstration of
  169  competency, the New World School of the Arts, the Florida School
  170  for the Deaf and the Blind, and the Florida Virtual School.
  171  These options may also include the public educational school
  172  choice options of the Opportunity Scholarship Program and the
  173  McKay Scholarships for Students with Disabilities Program.
  174         (b) Private educational school choices.—Parents of public
  175  school students may seek private educational school choice
  176  options under certain programs.
  177         1. Under the McKay Scholarships for Students with
  178  Disabilities Program, the parent of a public school student with
  179  a disability may request and receive a McKay Scholarship for the
  180  student to attend a private school in accordance with s.
  181  1002.39.
  182         2. Under the Florida Tax Credit Scholarship Program, the
  183  parent of a student who qualifies for free or reduced-price
  184  school lunch or who is currently placed, or during the previous
  185  state fiscal year was placed, in foster care as defined in s.
  186  39.01 may seek a scholarship from an eligible nonprofit
  187  scholarship-funding organization in accordance with s. 1002.395.
  188         3. Under the Florida Personal Learning Scholarship Accounts
  189  Program, the parent of a student with a qualifying disability
  190  may apply for a personal learning scholarship to be used for
  191  educational purposes pursuant to s. 1002.385.
  192         (16) SCHOOL ACCOUNTABILITY AND SCHOOL IMPROVEMENT RATING
  193  REPORTS; FISCAL TRANSPARENCY.—Parents of public school students
  194  have the right are entitled to an easy-to-read report card about
  195  the school’s grade designation or, if applicable under s.
  196  1008.341, the school’s improvement rating, and the school’s
  197  accountability report, including the school financial report as
  198  required under s. 1010.215 and the school district’s annual
  199  financial report, including the expenditures on a per FTE basis
  200  for the following fund types: general funds, special revenue
  201  funds, debt service funds, and capital project fund. Fiduciary
  202  funds, enterprise funds, and internal service funds may not be
  203  included. At minimum, the total expenditures on a per FTE basis,
  204  as reported in the school district’s annual financial report,
  205  must be included in the parent guide.
  206         Section 2. Section 1002.31, Florida Statutes, is amended to
  207  read:
  208         1002.31 Controlled open enrollment; Public school parental
  209  choice.—
  210         (1) As used in this section, “controlled open enrollment”
  211  means a public education delivery system that allows school
  212  districts to make student school assignments using parents’
  213  indicated preferential school choice as a significant factor.
  214         (2) As part of a district’s controlled open enrollment, and
  215  in addition to the existing choice programs provided in s.
  216  1002.20(6)(a), each district school board shall allow a parent
  217  to enroll his or her child in and transport his or her child to
  218  any public school that has not reached capacity in the district.
  219  However, a district may provide transportation to students at
  220  the district’s discretion. For purposes of continuity of
  221  educational choice, the student shall remain at the school
  222  chosen by the parent until the student completes the highest
  223  grade level at the school may offer controlled open enrollment
  224  within the public schools which is in addition to the existing
  225  choice programs such as virtual instruction programs, magnet
  226  schools, alternative schools, special programs, advanced
  227  placement, and dual enrollment.
  228         (3) Each district school board offering controlled open
  229  enrollment shall adopt by rule and post on its website the
  230  process required to participate in controlled open enrollment.
  231  The process a controlled open enrollment plan which must:
  232         (a) Adhere to federal desegregation requirements.
  233         (b) Include an application process required to participate
  234  in controlled open enrollment that allows parents to declare
  235  school preferences, including placement of siblings within the
  236  same school.
  237         (b)(c) Provide a lottery procedure to determine student
  238  assignment and establish an appeals process for hardship cases.
  239         (c)(d) Afford parents of students in multiple session
  240  schools preferred access to controlled open enrollment.
  241         (d)(e) Maintain socioeconomic, demographic, and racial
  242  balance.
  243         (e)(f) Address the availability of transportation.
  244         (f) Maintain existing academic eligibility criteria for
  245  schools of choice, pursuant to s. 1002.20(6)(a).
  246         (g) Identify schools that have not reached capacity, as
  247  determined by the school district. When determining capacity of
  248  each school in the district, the school district shall
  249  incorporate the specifications, plans, elements, and commitments
  250  contained in the school district educational facilities plan and
  251  the long-term work programs required under s. 1013.35 in its
  252  determination.
  253         (h) For any county with a military base, create a
  254  preference process for dependent children of active duty
  255  military personnel.
  256         (4) In accordance with the reporting requirements of s.
  257  1011.62, each district school board shall annually report the
  258  number of students exercising public school choice, by type of
  259  choice attending the various types of public schools of choice
  260  in the district, in accordance with including schools such as
  261  virtual instruction programs, magnet schools, and public charter
  262  schools, according to rules adopted by the State Board of
  263  Education.
  264         (5) A parent may enroll his or her child in and transport
  265  his or her child to any public school that has not reached
  266  capacity in any school district in the state. The school
  267  district shall accept the student, pursuant to that district’s
  268  controlled open enrollment participation process, and report the
  269  student for purposes of the school district’s funding pursuant
  270  to the Florida Education Finance Program. For purposes of
  271  continuity of educational choice, the student shall remain at
  272  the school chosen by the parent until the student completes the
  273  highest grade level at the school For a school or program that
  274  is a public school of choice under this section, the calculation
  275  for compliance with maximum class size pursuant to s. 1003.03 is
  276  the average number of students at the school level.
  277         (6) Each district school board shall establish a transfer
  278  process for a parent to request that his or her child be
  279  transferred to another classroom teacher. This subsection does
  280  not give a parent the right to choose a specific classroom
  281  teacher. A school must grant or deny the transfer within 2 weeks
  282  after receiving the request. If a request for transfer is
  283  denied, the school shall notify the parent and specify the
  284  reasons for the denial. An explanation of the transfer process
  285  must be made available in the parent guide or a similar
  286  publication.
  287         Section 3. Paragraphs (a), (b), and (c) of subsection (6),
  288  paragraphs (a), (b), and (d) of subsection (7), paragraphs (e),
  289  (f), and (g) of subsection (8), paragraphs (g), (n), and (p) of
  290  subsection (9), paragraph (a) of subsection (10), paragraphs (b)
  291  and (e) of subsection (17), subsection (21), and paragraph (c)
  292  of subsection (26) of section 1002.33, Florida Statutes, are
  293  amended, paragraphs (h) and (i) are added to subsection (8) of
  294  that section, a new subsection (27) is added to that section,
  295  and present subsections (27) and (28) are redesignated as
  296  subsections (28) and (29), respectively, to read:
  297         1002.33 Charter schools.—
  298         (6) APPLICATION PROCESS AND REVIEW.—Charter school
  299  applications are subject to the following requirements:
  300         (a) A person or entity wishing to open a charter school
  301  shall prepare and submit an application on a model application
  302  form prepared by the Department of Education which:
  303         1. Demonstrates how the school will use the guiding
  304  principles and meet the statutorily defined purpose of a charter
  305  school.
  306         2. Provides a detailed curriculum plan that illustrates how
  307  students will be provided services to attain the Sunshine State
  308  Standards.
  309         3. Contains goals and objectives for improving student
  310  learning and measuring that improvement. These goals and
  311  objectives must indicate how much academic improvement students
  312  are expected to show each year, how success will be evaluated,
  313  and the specific results to be attained through instruction.
  314         4. Describes the reading curriculum and differentiated
  315  strategies that will be used for students reading at grade level
  316  or higher and a separate curriculum and strategies for students
  317  who are reading below grade level. A sponsor shall deny an
  318  application a charter if the school does not propose a reading
  319  curriculum that is consistent with effective teaching strategies
  320  that are grounded in scientifically based reading research, but
  321  the sponsor may not require the school to implement any
  322  curriculum adopted by the school district.
  323         5. Contains an annual financial plan for each year
  324  requested by the charter for operation of the school for up to 5
  325  years. This plan must contain anticipated fund balances based on
  326  revenue projections, a spending plan based on projected revenues
  327  and expenses, and a description of controls that will safeguard
  328  finances and projected enrollment trends.
  329         6. Discloses the name of each applicant, governing board
  330  member, and proposed management company or cooperative, if any;
  331  the name and sponsor of any charter school currently operated or
  332  previously operated by such parties; and the academic and
  333  financial history of such charter schools, which the sponsor
  334  shall consider in deciding to approve or deny the application.
  335         7. Documents that the governing board is independent of any
  336  management company or cooperative and may, at its sole
  337  discretion, terminate a contract with the management company or
  338  cooperative at any time.
  339         8.6. Contains additional information a sponsor may require,
  340  which shall be attached as an addendum to the charter school
  341  application described in this paragraph.
  342         9.7. For the establishment of a virtual charter school,
  343  documents that the applicant has contracted with a provider of
  344  virtual instruction services pursuant to s. 1002.45(1)(d).
  345         (b) A sponsor shall receive and review all applications for
  346  a charter school using an evaluation instrument developed by the
  347  Department of Education. A sponsor shall receive and consider
  348  charter school applications received on or before August 1 of
  349  each calendar year for charter schools to be opened at the
  350  beginning of the school district’s next school year, or to be
  351  opened at a time agreed to by the applicant and the sponsor. A
  352  sponsor may not refuse to receive a charter school application
  353  submitted before August 1 and may receive an application
  354  submitted later than August 1 if it chooses. In order to
  355  facilitate greater collaboration in the application process, an
  356  applicant may submit a draft charter school application on or
  357  before May 1 with an application fee of $500. If a draft
  358  application is timely submitted, the sponsor shall review and
  359  provide feedback as to material deficiencies in the application
  360  by July 1. The applicant shall then have until August 1 to
  361  resubmit a revised and final application. The sponsor may
  362  approve the draft application. Except as provided for a draft
  363  application, a sponsor may not charge an applicant for a charter
  364  any fee for the processing or consideration of an application,
  365  and a sponsor may not base its consideration or approval of a
  366  final application upon the promise of future payment of any
  367  kind. Before approving or denying any final application, the
  368  sponsor shall allow the applicant, upon receipt of written
  369  notification, at least 7 calendar days to make technical or
  370  nonsubstantive corrections and clarifications, including, but
  371  not limited to, corrections of grammatical, typographical, and
  372  like errors or missing signatures, if such errors are identified
  373  by the sponsor as cause to deny the final application.
  374         1. In order to facilitate an accurate budget projection
  375  process, a sponsor shall be held harmless for FTE students who
  376  are not included in the FTE projection due to approval of
  377  charter school applications after the FTE projection deadline.
  378  In a further effort to facilitate an accurate budget projection,
  379  within 15 calendar days after receipt of a charter school
  380  application, a sponsor shall report to the Department of
  381  Education the name of the applicant entity, the proposed charter
  382  school location, and its projected FTE.
  383         2. In order to ensure fiscal responsibility, an application
  384  for a charter school shall include a full accounting of expected
  385  assets, a projection of expected sources and amounts of income,
  386  including income derived from projected student enrollments and
  387  from community support, and an expense projection that includes
  388  full accounting of the costs of operation, including start-up
  389  costs. To ensure continued financial responsibility, a charter
  390  school shall submit quarterly financial statements for the first
  391  year of operation which include a full accounting of the costs
  392  of operation and sources of income. If a school’s financial
  393  statement indicates that the school is not financially viable,
  394  the school must also prepare and submit a plan that describes
  395  specific actions the school will take to become viable.
  396         3.a. A sponsor shall by a majority vote approve or deny an
  397  application no later than 60 calendar days after the application
  398  is received, unless the sponsor and the applicant mutually agree
  399  in writing to temporarily postpone the vote to a specific date,
  400  at which time the sponsor shall by a majority vote approve or
  401  deny the application. If the sponsor fails to act on the
  402  application, an applicant may appeal to the State Board of
  403  Education as provided in paragraph (c). If an application is
  404  denied, the sponsor shall, within 10 calendar days after such
  405  denial, articulate in writing the specific reasons, based upon
  406  good cause, supporting its denial of the charter application and
  407  shall provide the letter of denial and supporting documentation
  408  to the applicant and to the Department of Education.
  409         b. An application submitted by a high-performing charter
  410  school identified pursuant to s. 1002.331 may be denied by the
  411  sponsor only if the sponsor demonstrates by clear and convincing
  412  evidence that:
  413         (I) The application does not materially comply with the
  414  requirements in paragraph (a);
  415         (II) The charter school proposed in the application does
  416  not materially comply with the requirements in paragraphs
  417  (9)(a)-(f);
  418         (III) The proposed charter school’s educational program
  419  does not substantially replicate that of the applicant or one of
  420  the applicant’s high-performing charter schools;
  421         (IV) The applicant has made a material misrepresentation or
  422  false statement or concealed an essential or material fact
  423  during the application process; or
  424         (V) The proposed charter school’s educational program and
  425  financial management practices do not materially comply with the
  426  requirements of this section.
  427  
  428  Material noncompliance is a failure to follow requirements or a
  429  violation of prohibitions applicable to charter school
  430  applications, which failure is quantitatively or qualitatively
  431  significant either individually or when aggregated with other
  432  noncompliance. An applicant is considered to be replicating a
  433  high-performing charter school if the proposed school is
  434  substantially similar to at least one of the applicant’s high
  435  performing charter schools and the organization or individuals
  436  involved in the establishment and operation of the proposed
  437  school are significantly involved in the operation of replicated
  438  schools.
  439         c. If the sponsor denies an application submitted by a
  440  high-performing charter school, the sponsor must, within 10
  441  calendar days after such denial, state in writing the specific
  442  reasons, based upon the criteria in sub-subparagraph b.,
  443  supporting its denial of the application and must provide the
  444  letter of denial and supporting documentation to the applicant
  445  and to the Department of Education. The applicant may appeal the
  446  sponsor’s denial of the application directly to the State Board
  447  of Education pursuant to paragraph (c) and must provide the
  448  sponsor with a copy of the appeal sub-subparagraph (c)3.b.
  449         4. For budget projection purposes, the sponsor shall report
  450  to the Department of Education the approval or denial of a
  451  charter application within 10 calendar days after such approval
  452  or denial. In the event of approval, the report to the
  453  Department of Education shall include the final projected FTE
  454  for the approved charter school.
  455         5. Upon approval of a charter application, the initial
  456  startup shall commence with the beginning of the public school
  457  calendar for the district in which the charter is granted unless
  458  the sponsor allows a waiver of this subparagraph for good cause.
  459         6. A person, or an officer of an entity, who submits an
  460  application pursuant to this subsection must undergo background
  461  screening in the same manner as instructional and
  462  noninstructional personnel hired or contracted to fill positions
  463  in a charter school or as members of the governing board of a
  464  charter school undergo background screening under s. 1012.32.
  465  Notwithstanding any other provision of this subsection, a person
  466  may not receive approval of a charter application until the
  467  person’s screening is completed and the results have been
  468  submitted to, and reviewed by, the sponsor.
  469         (c)1. An applicant may appeal any denial of that
  470  applicant’s application or failure to act on an application to
  471  the State Board of Education within no later than 30 calendar
  472  days after receipt of the sponsor’s decision or failure to act
  473  and shall notify the sponsor of its appeal. Any response of the
  474  sponsor shall be submitted to the State Board of Education
  475  within 30 calendar days after notification of the appeal. Upon
  476  receipt of notification from the State Board of Education that a
  477  charter school applicant is filing an appeal, the Commissioner
  478  of Education shall convene a meeting of the Charter School
  479  Appeal Commission to study and make recommendations to the State
  480  Board of Education regarding its pending decision about the
  481  appeal. The commission shall forward its recommendation to the
  482  state board at least 7 calendar days before the date on which
  483  the appeal is to be heard. An appeal regarding the denial of an
  484  application submitted by a high-performing charter school
  485  pursuant to s. 1002.331 shall be conducted by the State Board of
  486  Education in accordance with this paragraph, except that the
  487  commission shall not convene to make recommendations regarding
  488  the appeal. However, the Commissioner of Education shall review
  489  the appeal and make a recommendation to the state board.
  490         2. The Charter School Appeal Commission or, in the case of
  491  an appeal regarding an application submitted by a high
  492  performing charter school, the State Board of Education may
  493  reject an appeal submission for failure to comply with
  494  procedural rules governing the appeals process. The rejection
  495  shall describe the submission errors. The appellant shall have
  496  15 calendar days after notice of rejection in which to resubmit
  497  an appeal that meets the requirements set forth in State Board
  498  of Education rule. An appeal submitted subsequent to such
  499  rejection is considered timely if the original appeal was filed
  500  within 30 calendar days after receipt of notice of the specific
  501  reasons for the sponsor’s denial of the charter application.
  502         3.a. The State Board of Education shall by majority vote
  503  accept or reject the decision of the sponsor no later than 90
  504  calendar days after an appeal is filed in accordance with State
  505  Board of Education rule. The State Board of Education shall
  506  remand the application to the sponsor with its written decision
  507  that the sponsor approve or deny the application. The sponsor
  508  shall implement the decision of the State Board of Education.
  509  The decision of the State Board of Education is not subject to
  510  the provisions of the Administrative Procedure Act, chapter 120.
  511         b. If an appeal concerns an application submitted by a
  512  high-performing charter school identified pursuant to s.
  513  1002.331, the State Board of Education shall determine whether
  514  the sponsor’s denial of the application complies with the
  515  requirements in sub-subparagraph (b)3.b. sponsor has shown, by
  516  clear and convincing evidence, that:
  517         (I) The application does not materially comply with the
  518  requirements in paragraph (a);
  519         (II) The charter school proposed in the application does
  520  not materially comply with the requirements in paragraphs
  521  (9)(a)-(f);
  522         (III) The proposed charter school’s educational program
  523  does not substantially replicate that of the applicant or one of
  524  the applicant’s high-performing charter schools;
  525         (IV) The applicant has made a material misrepresentation or
  526  false statement or concealed an essential or material fact
  527  during the application process; or
  528         (V) The proposed charter school’s educational program and
  529  financial management practices do not materially comply with the
  530  requirements of this section.
  531  
  532  The State Board of Education shall approve or reject the
  533  sponsor’s denial of an application no later than 90 calendar
  534  days after an appeal is filed in accordance with State Board of
  535  Education rule. The State Board of Education shall remand the
  536  application to the sponsor with its written decision that the
  537  sponsor approve or deny the application. The sponsor shall
  538  implement the decision of the State Board of Education. The
  539  decision of the State Board of Education is not subject to the
  540  Administrative Procedure Act, chapter 120.
  541         (7) CHARTER.—The major issues involving the operation of a
  542  charter school shall be considered in advance and written into
  543  the charter. The charter shall be signed by the governing board
  544  of the charter school and the sponsor, following a public
  545  hearing to ensure community input.
  546         (a) The charter shall address and criteria for approval of
  547  the charter shall be based on:
  548         1. The school’s mission, the students to be served, and the
  549  ages and grades to be included.
  550         2. The focus of the curriculum, the instructional methods
  551  to be used, any distinctive instructional techniques to be
  552  employed, and identification and acquisition of appropriate
  553  technologies needed to improve educational and administrative
  554  performance which include a means for promoting safe, ethical,
  555  and appropriate uses of technology which comply with legal and
  556  professional standards.
  557         a. The charter shall ensure that reading is a primary focus
  558  of the curriculum and that resources are provided to identify
  559  and provide specialized instruction for students who are reading
  560  below grade level. The curriculum and instructional strategies
  561  for reading must be consistent with the Next Generation Sunshine
  562  State Standards and grounded in scientifically based reading
  563  research. For purposes of determining eligibility for the
  564  research-based reading instruction allocation, the reading
  565  curriculum and instructional strategies specified in the charter
  566  satisfy the research-based reading plan requirement under s.
  567  1011.62(9).
  568         b. In order to provide students with access to diverse
  569  instructional delivery models, to facilitate the integration of
  570  technology within traditional classroom instruction, and to
  571  provide students with the skills they need to compete in the
  572  21st century economy, the Legislature encourages instructional
  573  methods for blended learning courses consisting of both
  574  traditional classroom and online instructional techniques.
  575  Charter schools may implement blended learning courses which
  576  combine traditional classroom instruction and virtual
  577  instruction. Students in a blended learning course must be full
  578  time students of the charter school and receive the online
  579  instruction in a classroom setting at the charter school.
  580  Instructional personnel certified pursuant to s. 1012.55 who
  581  provide virtual instruction for blended learning courses may be
  582  employees of the charter school or may be under contract to
  583  provide instructional services to charter school students. At a
  584  minimum, such instructional personnel must hold an active state
  585  or school district adjunct certification under s. 1012.57 for
  586  the subject area of the blended learning course. The funding and
  587  performance accountability requirements for blended learning
  588  courses are the same as those for traditional courses.
  589         3. The current incoming baseline standard of student
  590  academic achievement, the outcomes to be achieved, and the
  591  method of measurement that will be used. The criteria listed in
  592  this subparagraph shall include a detailed description of:
  593         a. How the baseline student academic achievement levels and
  594  prior rates of academic progress will be established.
  595         b. How these baseline rates will be compared to rates of
  596  academic progress achieved by these same students while
  597  attending the charter school.
  598         c. To the extent possible, how these rates of progress will
  599  be evaluated and compared with rates of progress of other
  600  closely comparable student populations.
  601  
  602  The district school board is required to provide academic
  603  student performance data to charter schools for each of their
  604  students coming from the district school system, as well as
  605  rates of academic progress of comparable student populations in
  606  the district school system.
  607         4. The methods used to identify the educational strengths
  608  and needs of students and how well educational goals and
  609  performance standards are met by students attending the charter
  610  school. The methods shall provide a means for the charter school
  611  to ensure accountability to its constituents by analyzing
  612  student performance data and by evaluating the effectiveness and
  613  efficiency of its major educational programs. Students in
  614  charter schools shall, at a minimum, participate in the
  615  statewide assessment program created under s. 1008.22.
  616         5. In secondary charter schools, a method for determining
  617  that a student has satisfied the requirements for graduation in
  618  s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
  619         6. A method for resolving conflicts between the governing
  620  board of the charter school and the sponsor.
  621         7. The admissions procedures and dismissal procedures,
  622  including the school’s code of student conduct.
  623         8. The ways by which the school will achieve a
  624  racial/ethnic balance reflective of the community it serves or
  625  within the racial/ethnic range of other public schools in the
  626  same school district.
  627         9. The financial and administrative management of the
  628  school, including a reasonable demonstration of the professional
  629  experience or competence of those individuals or organizations
  630  applying to operate the charter school or those hired or
  631  retained to perform such professional services and the
  632  description of clearly delineated responsibilities and the
  633  policies and practices needed to effectively manage the charter
  634  school. A description of internal audit procedures and
  635  establishment of controls to ensure that financial resources are
  636  properly managed must be included. Both public sector and
  637  private sector professional experience shall be equally valid in
  638  such a consideration. The charter must document that the
  639  governing board is independent of any management company or
  640  cooperative and may, at its sole discretion, terminate the
  641  contract with the management company or cooperative at any time.
  642         10. The asset and liability projections required in the
  643  application which are incorporated into the charter and shall be
  644  compared with information provided in the annual report of the
  645  charter school.
  646         11. A description of procedures that identify various risks
  647  and provide for a comprehensive approach to reduce the impact of
  648  losses; plans to ensure the safety and security of students and
  649  staff; plans to identify, minimize, and protect others from
  650  violent or disruptive student behavior; and the manner in which
  651  the school will be insured, including whether or not the school
  652  will be required to have liability insurance, and, if so, the
  653  terms and conditions thereof and the amounts of coverage.
  654         12. The term of the charter which shall provide for
  655  cancellation of the charter if insufficient progress has been
  656  made in attaining the student achievement objectives of the
  657  charter and if it is not likely that such objectives can be
  658  achieved before expiration of the charter. The initial term of
  659  the a charter is either shall be for 4 years or 5 years. In
  660  order to facilitate access to long-term financial resources for
  661  charter school construction, Charter schools that are operated
  662  by a municipality or other public entity, as provided by law, or
  663  a private, not-for-profit corporation granted 501(c)(3) status
  664  by the Internal Revenue Service are eligible for up to a 15-year
  665  charter, subject to approval by the district school board. A
  666  charter lab school is also eligible for a charter for a term of
  667  up to 15 years. In addition, to facilitate access to long-term
  668  financial resources for charter school construction, charter
  669  schools that are operated by a private, not-for-profit, s.
  670  501(c)(3) status corporation are eligible for up to a 15-year
  671  charter, subject to approval by the district school board. Such
  672  long-term charters remain subject to annual review and may be
  673  terminated during the term of the charter, but only according to
  674  the provisions set forth in subsection (8) or paragraph (9)(n).
  675         13. Termination or nonrenewal of the charter pursuant to
  676  subsection (8) or paragraph (9)(n).
  677         14.13. The facilities to be used and their location. The
  678  sponsor shall may not require a charter school to have a
  679  certificate of occupancy or a temporary certificate of occupancy
  680  for such a facility no later than 30 earlier than 15 calendar
  681  days before the first day of school.
  682         15.14. The qualifications to be required of the teachers
  683  and the potential strategies used to recruit, hire, train, and
  684  retain qualified staff to achieve best value.
  685         16.15. The governance structure of the school, including
  686  the status of the charter school as a public or private employer
  687  as required in paragraph (12)(i).
  688         17.16. A timetable for implementing the charter which
  689  addresses the implementation of each element thereof and the
  690  date by which the charter shall be awarded in order to meet this
  691  timetable.
  692         18.17. In the case of an existing public school that is
  693  being converted to charter status, alternative arrangements for
  694  current students who choose not to attend the charter school and
  695  for current teachers who choose not to teach in the charter
  696  school after conversion in accordance with the existing
  697  collective bargaining agreement or district school board rule in
  698  the absence of a collective bargaining agreement. However,
  699  alternative arrangements shall not be required for current
  700  teachers who choose not to teach in a charter lab school, except
  701  as authorized by the employment policies of the state university
  702  which grants the charter to the lab school.
  703         19.18. Full disclosure of the identity of all relatives
  704  employed by the charter school who are related to the charter
  705  school owner, president, chairperson of the governing board of
  706  directors, superintendent, governing board member, principal,
  707  assistant principal, or any other person employed by the charter
  708  school who has equivalent decisionmaking authority. For the
  709  purpose of this subparagraph, the term “relative” means father,
  710  mother, son, daughter, brother, sister, uncle, aunt, first
  711  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  712  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  713  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  714  stepsister, half brother, or half sister.
  715         20.19. Implementation of the activities authorized under s.
  716  1002.331 by the charter school when it satisfies the eligibility
  717  requirements for a high-performing charter school. A high
  718  performing charter school shall notify its sponsor in writing by
  719  March 1 if it intends to increase enrollment or expand grade
  720  levels the following school year. The written notice shall
  721  specify the amount of the enrollment increase and the grade
  722  levels that will be added, as applicable.
  723         (b)1. A charter may be renewed provided that a program
  724  review demonstrates that the criteria in paragraph (a) have been
  725  successfully accomplished and that none of the grounds for
  726  nonrenewal established by paragraph (8)(a) has been documented.
  727  In order to facilitate long-term financing for charter school
  728  construction, Charter schools operating for a minimum of 3 years
  729  and demonstrating exemplary academic programming and fiscal
  730  management are eligible for a 15-year charter renewal. Such
  731  long-term charter is subject to annual review and may be
  732  terminated during the term of the charter.
  733         2. The 15-year charter renewal that may be granted pursuant
  734  to subparagraph 1. shall be granted to a charter school that has
  735  received a school grade of “A” or “B” pursuant to s. 1008.34 in
  736  3 of the past 4 years and is not in a state of financial
  737  emergency or deficit position as defined by this section. Such
  738  long-term charter is subject to annual review and may be
  739  terminated during the term of the charter pursuant to subsection
  740  (8).
  741         (d)1. Each charter school’s governing board must appoint a
  742  representative to facilitate parental involvement, provide
  743  access to information, assist parents and others with questions
  744  and concerns, and resolve disputes. The representative must
  745  reside in the school district in which the charter school is
  746  located and may be a governing board member, charter school
  747  employee, or individual contracted to represent the governing
  748  board. If the governing board oversees multiple charter schools
  749  in the same school district, the governing board must appoint a
  750  separate individual representative for each charter school in
  751  the district. The representative’s contact information must be
  752  provided annually in writing to parents and posted prominently
  753  on the charter school’s website if a website is maintained by
  754  the school. The sponsor may not require that governing board
  755  members reside in the school district in which the charter
  756  school is located if the charter school complies with this
  757  paragraph.
  758         2. Each charter school’s governing board must hold at least
  759  two public meetings per school year in the school district. The
  760  meetings must be noticed, open, and accessible to the public,
  761  and attendees must be provided an opportunity to receive
  762  information and provide input regarding the charter school’s
  763  operations. The appointed representative and charter school
  764  principal or director, or his or her equivalent, must be
  765  physically present at each meeting.
  766         (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.—
  767         (e) When a charter is not renewed or is terminated or when
  768  a charter school is closed voluntarily by the operator, the
  769  school shall be dissolved under the provisions of law under
  770  which the school was organized, and any unencumbered public
  771  funds, except for capital outlay funds and federal charter
  772  school program grant funds, from the charter school shall revert
  773  to the sponsor. Capital outlay funds provided pursuant to s.
  774  1013.62 and federal charter school program grant funds that are
  775  unencumbered shall revert to the department to be redistributed
  776  among eligible charter schools. In the event a charter school is
  777  dissolved or is otherwise terminated, all district school board
  778  property and improvements, furnishings, and equipment purchased
  779  with public funds shall automatically revert to full ownership
  780  by the district school board, subject to complete satisfaction
  781  of any lawful liens or encumbrances. Any unencumbered public
  782  funds from the charter school, district school board property
  783  and improvements, furnishings, and equipment purchased with
  784  public funds, or financial or other records pertaining to the
  785  charter school, in the possession of any person, entity, or
  786  holding company, other than the charter school, shall be held in
  787  trust upon the district school board’s request, until any appeal
  788  status is resolved.
  789         (f) If a charter is not renewed or is terminated or a
  790  charter school is closed voluntarily by the operator, the
  791  charter school is responsible for all debts of the charter
  792  school. The district may not assume the debt from any contract
  793  made between the governing body of the school and a third party,
  794  except for a debt that is previously detailed and agreed upon in
  795  writing by both the district and the governing body of the
  796  school and that may not reasonably be assumed to have been
  797  satisfied by the district.
  798         (g) If a charter is not renewed or is terminated, a student
  799  who attended the school may apply to, and shall be enrolled in,
  800  another public school. Normal application deadlines shall be
  801  disregarded under such circumstances.
  802         (h) The governing board of a charter school that closes
  803  voluntarily shall notify the sponsor and the department in
  804  writing within 7 calendar days of its decision to cease
  805  operations. The notice must state the reasons for the closure
  806  and acknowledge that the governing board agrees to follow the
  807  procedures for dissolution and reversion of public funds
  808  specified in this subsection and paragraph (9)(o).
  809         (i) For a high-performing charter school that is having the
  810  charter agreement renewed, the charter contract, as that
  811  contract exists on the day the term of the contract is to
  812  terminate, must be automatically renewed for the length of the
  813  current term if the charter school governing board and sponsor
  814  have not executed the renewal before the term of the charter
  815  agreement is scheduled to expire.
  816         (9) CHARTER SCHOOL REQUIREMENTS.—
  817         (g)1. In order to provide financial information that is
  818  comparable to that reported for other public schools, charter
  819  schools are to maintain all financial records that constitute
  820  their accounting system:
  821         a. In accordance with the accounts and codes prescribed in
  822  the most recent issuance of the publication titled “Financial
  823  and Program Cost Accounting and Reporting for Florida Schools”;
  824  or
  825         b. At the discretion of the charter school’s governing
  826  board, a charter school may elect to follow generally accepted
  827  accounting standards for not-for-profit organizations, but must
  828  reformat this information for reporting according to this
  829  paragraph.
  830         2. Charter schools shall provide annual financial report
  831  and program cost report information in the state-required
  832  formats for inclusion in district reporting in compliance with
  833  s. 1011.60(1). Charter schools that are operated by a
  834  municipality or are a component unit of a parent nonprofit
  835  organization may use the accounting system of the municipality
  836  or the parent but must reformat this information for reporting
  837  according to this paragraph.
  838         3. A charter school shall, upon execution of the contract,
  839  provide the sponsor with a concise, uniform, monthly financial
  840  statement summary sheet that contains a balance sheet and a
  841  statement of revenue, expenditures, and changes in fund balance.
  842  The balance sheet and the statement of revenue, expenditures,
  843  and changes in fund balance shall be in the governmental funds
  844  format prescribed by the Governmental Accounting Standards
  845  Board. A high-performing charter school pursuant to s. 1002.331
  846  may provide a quarterly financial statement in the same format
  847  and requirements as the uniform monthly financial statement
  848  summary sheet. The sponsor shall review each monthly financial
  849  statement, to identify the existence of any conditions
  850  identified in s. 1002.345(1)(a).
  851         4. A charter school shall maintain and provide financial
  852  information as required in this paragraph. The financial
  853  statement required in subparagraph 3. must be in a form
  854  prescribed by the Department of Education.
  855         (n)1. The director and a representative of the governing
  856  board of a charter school that has earned a grade of “D” or “F”
  857  pursuant to s. 1008.34 shall appear before the sponsor to
  858  present information concerning each contract component having
  859  noted deficiencies. The director and a representative of the
  860  governing board shall submit to the sponsor for approval a
  861  school improvement plan to raise student performance. Upon
  862  approval by the sponsor, the charter school shall begin
  863  implementation of the school improvement plan. The department
  864  shall offer technical assistance and training to the charter
  865  school and its governing board and establish guidelines for
  866  developing, submitting, and approving such plans.
  867         2.a. If a charter school earns three consecutive grades of
  868  “D,” two consecutive grades of “D” followed by a grade of “F,”
  869  or two nonconsecutive grades of “F” within a 3-year period, the
  870  charter school governing board shall choose one of the following
  871  corrective actions:
  872         (I) Contract for educational services to be provided
  873  directly to students, instructional personnel, and school
  874  administrators, as prescribed in state board rule;
  875         (II) Contract with an outside entity that has a
  876  demonstrated record of effectiveness to operate the school;
  877         (III) Reorganize the school under a new director or
  878  principal who is authorized to hire new staff; or
  879         (IV) Voluntarily close the charter school.
  880         b. The charter school must implement the corrective action
  881  in the school year following receipt of a third consecutive
  882  grade of “D,” a grade of “F” following two consecutive grades of
  883  “D,” or a second nonconsecutive grade of “F” within a 3-year
  884  period.
  885         c. The sponsor may annually waive a corrective action if it
  886  determines that the charter school is likely to improve a letter
  887  grade if additional time is provided to implement the
  888  intervention and support strategies prescribed by the school
  889  improvement plan. Notwithstanding this sub-subparagraph, a
  890  charter school that earns a second consecutive grade of “F” is
  891  subject to subparagraph 4.
  892         d. A charter school is no longer required to implement a
  893  corrective action if it improves by at least one letter grade.
  894  However, the charter school must continue to implement
  895  strategies identified in the school improvement plan. The
  896  sponsor must annually review implementation of the school
  897  improvement plan to monitor the school’s continued improvement
  898  pursuant to subparagraph 5.
  899         e. A charter school implementing a corrective action that
  900  does not improve by at least one letter grade after 2 full
  901  school years of implementing the corrective action must select a
  902  different corrective action. Implementation of the new
  903  corrective action must begin in the school year following the
  904  implementation period of the existing corrective action, unless
  905  the sponsor determines that the charter school is likely to
  906  improve a letter grade if additional time is provided to
  907  implement the existing corrective action. Notwithstanding this
  908  sub-subparagraph, a charter school that earns a second
  909  consecutive grade of “F” while implementing a corrective action
  910  is subject to subparagraph 4.
  911         3. A charter school with a grade of “D” or “F” that
  912  improves by at least one letter grade must continue to implement
  913  the strategies identified in the school improvement plan. The
  914  sponsor must annually review implementation of the school
  915  improvement plan to monitor the school’s continued improvement
  916  pursuant to subparagraph 5.
  917         4. A charter school’s charter is automatically terminated
  918  if the school earns two consecutive grades of “F” after all
  919  school grade appeals are final The sponsor shall terminate a
  920  charter if the charter school earns two consecutive grades of
  921  “F” unless:
  922         a. The charter school is established to turn around the
  923  performance of a district public school pursuant to s.
  924  1008.33(4)(b)3. Such charter schools shall be governed by s.
  925  1008.33;
  926         b. The charter school serves a student population the
  927  majority of which resides in a school zone served by a district
  928  public school that earned a grade of “F” in the year before the
  929  charter school opened and the charter school earns at least a
  930  grade of “D” in its third year of operation. The exception
  931  provided under this sub-subparagraph does not apply to a charter
  932  school in its fourth year of operation and thereafter; or
  933         c. The state board grants the charter school a waiver of
  934  termination. The charter school must request the waiver within
  935  15 days after the department’s official release of school
  936  grades. The state board may waive termination if the charter
  937  school demonstrates that the Learning Gains of its students on
  938  statewide assessments are comparable to or better than the
  939  Learning Gains of similarly situated students enrolled in nearby
  940  district public schools. The waiver is valid for 1 year and may
  941  only be granted once. Charter schools that have been in
  942  operation for more than 5 years are not eligible for a waiver
  943  under this sub-subparagraph.
  944  
  945  The sponsor shall notify in writing the charter school’s
  946  governing board, the charter school principal, and the
  947  department when a charter is terminated under this subparagraph.
  948  A charter terminated under this subparagraph is governed by the
  949  requirements of paragraphs (8)(e)-(g) and paragraph (o) of this
  950  subsection.
  951         5. The director and a representative of the governing board
  952  of a graded charter school that has implemented a school
  953  improvement plan under this paragraph shall appear before the
  954  sponsor at least once a year to present information regarding
  955  the progress of intervention and support strategies implemented
  956  by the school pursuant to the school improvement plan and
  957  corrective actions, if applicable. The sponsor shall communicate
  958  at the meeting, and in writing to the director, the services
  959  provided to the school to help the school address its
  960  deficiencies.
  961         6. Notwithstanding any provision of this paragraph except
  962  sub-subparagraphs 4.a.-c., the sponsor may terminate the charter
  963  at any time pursuant to subsection (8).
  964         (p)1. Each charter school shall maintain a website that
  965  enables the public to obtain information regarding the school;
  966  the school’s academic performance; the names of the governing
  967  board members; the programs at the school; any management
  968  companies, cooperatives, service providers, or education
  969  management corporations associated with the school; the school’s
  970  annual budget and its annual independent fiscal audit; the
  971  school’s grade pursuant to s. 1008.34; and, on a quarterly
  972  basis, the minutes of governing board meetings.
  973         2. Each charter school’s governing board shall appoint a
  974  representative to facilitate parental involvement, provide
  975  access to information, assist parents and others with questions
  976  and concerns, and resolve disputes. The representative must
  977  reside in the school district in which the charter school is
  978  located and may be a governing board member, charter school
  979  employee, or individual contracted to represent the governing
  980  board. If the governing board oversees multiple charter schools
  981  in the same school district, the governing board must appoint a
  982  separate individual representative for each charter school in
  983  the district. The representative’s contact information must be
  984  provided annually, in writing, to parents and posted prominently
  985  on the charter school’s website. The sponsor may not require
  986  that governing board members reside in the school district in
  987  which the charter school is located if the charter school
  988  complies with this paragraph.
  989         3. Each charter school’s governing board must hold at least
  990  two public meetings per school year in the school district where
  991  the charter school is located. The meetings must be noticed,
  992  open, and accessible to the public, and attendees must be
  993  provided an opportunity to receive information and provide input
  994  regarding the charter school’s operations. The appointed
  995  representative and charter school principal or director, or his
  996  or her equivalent, must be physically present at each meeting.
  997         (10) ELIGIBLE STUDENTS.—
  998         (a) A charter school shall be open to any student covered
  999  in an interdistrict agreement or residing in the school district
 1000  in which the charter school is located; however, in the case of
 1001  a charter lab school, the charter lab school shall be open to
 1002  any student eligible to attend the lab school as provided in s.
 1003  1002.32 or who resides in the school district in which the
 1004  charter lab school is located. Any eligible student shall be
 1005  allowed interdistrict transfer to attend a charter school when
 1006  based on good cause. Good cause shall include, but is not
 1007  limited to, geographic proximity to a charter school in a
 1008  neighboring school district. A charter school that has not
 1009  reached capacity, as provided in s. 1002.31(3)(g), may be open
 1010  to any student in the state.
 1011         (17) FUNDING.—Students enrolled in a charter school,
 1012  regardless of the sponsorship, shall be funded as if they are in
 1013  a basic program or a special program, the same as students
 1014  enrolled in other public schools in the school district. Funding
 1015  for a charter lab school shall be as provided in s. 1002.32.
 1016         (b) The basis for the agreement for funding students
 1017  enrolled in a charter school shall be the sum of the school
 1018  district’s operating funds from the Florida Education Finance
 1019  Program as provided in s. 1011.62 and the General Appropriations
 1020  Act, including gross state and local funds, discretionary
 1021  lottery funds, and funds from the school district’s current
 1022  operating discretionary millage levy; divided by total funded
 1023  weighted full-time equivalent students in the school district;
 1024  multiplied by the weighted full-time equivalent students for the
 1025  charter school. Charter schools whose students or programs meet
 1026  the eligibility criteria in law are entitled to their
 1027  proportionate share of categorical program funds included in the
 1028  total funds available in the Florida Education Finance Program
 1029  by the Legislature, including transportation, the research-based
 1030  reading allocation, and the Florida digital classrooms
 1031  allocation. Total funding for each charter school shall be
 1032  recalculated during the year to reflect the revised calculations
 1033  under the Florida Education Finance Program by the state and the
 1034  actual weighted full-time equivalent students reported by the
 1035  charter school during the full-time equivalent student survey
 1036  periods designated by the Commissioner of Education.
 1037         (e) District school boards shall make timely and efficient
 1038  payment and reimbursement to charter schools, including
 1039  processing paperwork required to access special state and
 1040  federal funding for which they may be eligible. The district
 1041  school board may distribute funds to a charter school for up to
 1042  3 months based on the projected full-time equivalent student
 1043  membership of the charter school. Thereafter, the results of
 1044  full-time equivalent student membership surveys shall be used in
 1045  adjusting the amount of funds distributed monthly to the charter
 1046  school for the remainder of the fiscal year. The payment shall
 1047  be issued no later than 10 working days after the district
 1048  school board receives a distribution of state or federal funds.
 1049  If a warrant for payment is not issued within 10 working days
 1050  after receipt of funding by the district school board, the
 1051  school district shall pay to the charter school, in addition to
 1052  the amount of the scheduled disbursement, interest at a rate of
 1053  1 percent per month calculated on a daily basis on the unpaid
 1054  balance from the expiration of the 10 working days until such
 1055  time as the warrant is issued. The district school board may not
 1056  delay payment to a charter school of any portion of the funds
 1057  provided in paragraph (b) based on the timing of receipt of
 1058  local funds by the district school board.
 1059         (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.—
 1060         (a) The Department of Education shall provide information
 1061  to the public, directly and through sponsors, on how to form and
 1062  operate a charter school and how to enroll in a charter school
 1063  once it is created. This information shall include a standard
 1064  model application form, standard charter contract, standard
 1065  application evaluation instrument, and standard charter renewal
 1066  contract, which shall include the information specified in
 1067  subsection (7) and shall be developed by consulting and
 1068  negotiating with both school districts and charter schools
 1069  before implementation. The charter and charter renewal contracts
 1070  shall be used by charter school sponsors.
 1071         (26) STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.—
 1072         (c) An employee of the charter school, or his or her
 1073  spouse, or an employee of a management company, cooperative, or
 1074  charter management organization, or his or her spouse, may not
 1075  be a member of the governing board of the charter school.
 1076         (27) CONFLICTS OF INTEREST AND ETHICS.—An individual may
 1077  not serve as a member of a governing board of a charter school,
 1078  an education management corporation, or charter school
 1079  cooperative organization if he or she or an immediate family
 1080  member receives a pension or any compensation from the charter
 1081  school, or if the individual’s partner is an owner or principal
 1082  with an entity or independent contractor with whom the charter
 1083  school does business or contracts, directly or indirectly, for
 1084  professional services, goods, or facilities. An individual may
 1085  not serve as a governing board member if an immediate family
 1086  member is an employee of the school. Members of the governing
 1087  board of a charter school may not be appointed, removed, or
 1088  replaced by an entity or component unit of an entity, which the
 1089  charter school has entered into any contract with.
 1090         Section 4. Paragraph (e) of subsection (2), paragraph (b)
 1091  of subsection (3), and subsection (5) of section 1002.331,
 1092  Florida Statutes, are amended to read:
 1093         1002.331 High-performing charter schools.—
 1094         (2) A high-performing charter school is authorized to:
 1095         (e) Receive a modification of its charter to a term of 15
 1096  years or a 15-year charter renewal. The charter may be modified
 1097  or renewed for a shorter term at the option of the high
 1098  performing charter school. The charter must be consistent with
 1099  s. 1002.33(7)(a)20. s. 1002.33(7)(a)19. and (10)(h) and (i), is
 1100  subject to annual review by the sponsor, and may be terminated
 1101  during its term pursuant to s. 1002.33(8).
 1102  
 1103  A high-performing charter school shall notify its sponsor in
 1104  writing by March 1 if it intends to increase enrollment or
 1105  expand grade levels the following school year. The written
 1106  notice shall specify the amount of the enrollment increase and
 1107  the grade levels that will be added, as applicable. If a charter
 1108  school notifies the sponsor of its intent to expand, the sponsor
 1109  shall modify the charter within 90 days to include the new
 1110  enrollment maximum and may not make any other changes. The
 1111  sponsor may deny a request to increase the enrollment of a high
 1112  performing charter school if the commissioner has declassified
 1113  the charter school as high-performing. If a high-performing
 1114  charter school requests to consolidate multiple charters, the
 1115  sponsor shall have 40 days after receipt of that request to
 1116  provide an initial draft charter to the charter school. The
 1117  sponsor and charter school shall have 50 days thereafter to
 1118  negotiate and notice the charter contract for final approval by
 1119  the sponsor.
 1120         (3)
 1121         (b) A high-performing charter school may not establish more
 1122  than one charter school within the state under paragraph (a) in
 1123  any year. A subsequent application to establish a charter school
 1124  under paragraph (a) may not be submitted unless each charter
 1125  school established in this manner achieves high-performing
 1126  charter school status. The limits set forth in this paragraph do
 1127  not apply to charter schools established by a high-performing
 1128  charter school in the attendance zone of a school identified as
 1129  in need of intervention and support pursuant to s. 1008.33(3)(b)
 1130  or to meet needs for innovative choice options identified by the
 1131  district school board.
 1132         (5) The Commissioner of Education, upon request by a
 1133  charter school, shall verify that the charter school meets the
 1134  criteria in subsection (1) and provide a letter to the charter
 1135  school and the sponsor stating that the charter school is a
 1136  high-performing charter school pursuant to this section. The
 1137  commissioner shall annually determine whether a high-performing
 1138  charter school under subsection (1) continues to meet the
 1139  criteria in that subsection. Such high-performing charter school
 1140  shall maintain its high-performing status unless the
 1141  commissioner determines that the charter school no longer meets
 1142  the criteria in subsection (1), at which time the commissioner
 1143  shall send a letter to the charter school and its sponsor
 1144  providing notification that the charter school has been
 1145  declassified of its declassification as a high-performing
 1146  charter school.
 1147         Section 5. Paragraph (c) of subsection (1) of section
 1148  1002.451, Florida Statutes, is amended to read:
 1149         1002.451 District innovation school of technology program.—
 1150         (1) DISTRICT INNOVATION SCHOOL OF TECHNOLOGY.—
 1151         (c) An innovation school of technology must be open to any
 1152  student covered in an interdistrict agreement or residing in the
 1153  school district in which the innovation school of technology is
 1154  located. An innovation school of technology shall enroll an
 1155  eligible student who submits a timely application if the number
 1156  of applications does not exceed the capacity of a program,
 1157  class, grade level, or building. If the number of applications
 1158  exceeds capacity, all applicants shall have an equal chance of
 1159  being admitted through a public random selection process.
 1160  However, a district may give enrollment preference to students
 1161  who identify the innovation school of technology as the
 1162  student’s preferred choice pursuant to the district’s public
 1163  school parental choice controlled open enrollment plan.
 1164         Section 6. Section 1003.3101, Florida Statutes, is created
 1165  to read:
 1166         1003.3101Additional school choice options.—Each district
 1167  school board shall establish a transfer process for a parent to
 1168  request his or her child be transferred to another classroom
 1169  teacher. A school must grant or deny the transfer within 2 weeks
 1170  after receiving a request. If a request for transfer is denied,
 1171  the school shall notify the parent and specify the reasons for a
 1172  denial. An explanation of the transfer process must be made
 1173  available in the student handbook or a similar publication.
 1174         Section 7. Section 1003.5711, Florida Statutes, is created
 1175  to read:
 1176         1003.5711Instruction for students receiving hospitalized
 1177  program services.—
 1178         (1)A public school student in prekindergarten through
 1179  grade 12 who is deemed eligible for hospitalized program
 1180  services in this state is considered a student with a
 1181  disability.
 1182         (a) If the student has an individual education plan (IEP),
 1183  the IEP must be followed, but upon request of the student’s
 1184  parent, the IEP may be modified to accommodate the student’s use
 1185  of hospitalized program services in a children’s hospital
 1186  pursuant to this section.
 1187         (b) The student’s IEP may be modified to reduce the
 1188  student’s course load to core courses identified in s.
 1189  1002.20(19)(a). The student may be excused or exempted from
 1190  physical education classes or instruction based on the IEP or
 1191  orders from the student’s medical doctor. The student’s IEP may
 1192  allow the student to receive instruction beyond the normal
 1193  school hours, school day, or school year of the school district.
 1194         (2) A student who is admitted to a children’s hospital for
 1195  hospitalized program services must continue to receive
 1196  educational instruction.
 1197         (a) If a student is expected to be absent from school and
 1198  admitted to the children’s hospital for hospitalized program
 1199  services for at least 10 consecutive days, no later than the
 1200  fifth day of the student’s hospital stay, the school district in
 1201  which the student is or was most recently enrolled may choose to
 1202  provide a certified teacher to the children’s hospital to
 1203  provide instruction to the student. If that school district
 1204  declines to provide a certified teacher, the school district in
 1205  which the children’s hospital is located must provide a
 1206  certified teacher to provide the student with instruction or
 1207  must partner with the Florida Virtual School or an approved
 1208  provider as defined in s. 1002.45 for instructional services as
 1209  authorized in this section. Such school district shall also
 1210  provide the student’s instructional materials and other
 1211  necessary educational support and services identified in the
 1212  IEP.
 1213         (b) A student in prekindergarten through grade 6 shall be
 1214  taught in person by the certified teacher. A student in grades 7
 1215  through 12 shall be taught in person by the certified teacher,
 1216  or the student may choose to utilize instruction from the
 1217  Florida Virtual School. If the Florida Virtual School is used by
 1218  any student, at least one certified teacher from the Florida
 1219  Virtual School must be present at the hospital to assist with
 1220  online learning.
 1221         (3) If a school district other than the one in which the
 1222  student was previously enrolled provides the hospitalized
 1223  program services, the Department of Education must transfer the
 1224  funds from the school district in which the student was
 1225  previously enrolled to the school district in which the
 1226  children’s hospital providing hospitalized program services is
 1227  located. This transfer shall occur no later than each subsequent
 1228  quarterly FEFP payment.
 1229         (4) The children’s hospital providing the hospitalized
 1230  program services is responsible for providing adequate
 1231  educational space for each student, but is not required to
 1232  comply with chapter 1013. The hospital and applicable school
 1233  district must enter into an agreement to implement this section.
 1234  The agreement may be student-specific or address all students as
 1235  necessary.
 1236         (5) The intent of this section is to supplement existing
 1237  laws, rules, and regulations concerning hospitalized students
 1238  that use hospitalized program services at a children’s hospital.
 1239         Section 8. Section 1004.6491, Florida Statutes, is created
 1240  to read:
 1241         1004.6491Florida Institute for Charter School Innovation.—
 1242         (1) There is established the Florida Institute for Charter
 1243  School Innovation within the Florida State University. The
 1244  purpose of the institute is to advance charter school
 1245  accountability, quality, and innovation; provide support and
 1246  technical assistance to charter school applicants; connect
 1247  aspiring teachers to opportunities to experience teaching in
 1248  schools of choice; and conduct research and develop and promote
 1249  best practices for charter school authorization, financing,
 1250  management, operations, and instructional practices.
 1251         (2) The institute shall:
 1252         (a) Conduct research to inform both policy and practice
 1253  related to charter school accountability, financing, management,
 1254  operations, and instructional practices.
 1255         (b) Partner with state-approved teacher preparation
 1256  programs in this state to provide opportunities for aspiring
 1257  teachers to experience teaching in schools of choice.
 1258         (c) Provide technical assistance and support to charter
 1259  school applicants with innovative charter school concepts.
 1260         (3) The President of the Florida State University shall
 1261  appoint a director of the institute. The director is responsible
 1262  for overall management of the institute and for developing and
 1263  executing the work of the institute consistent with this
 1264  section. The director may engage individuals in other state
 1265  universities with accredited colleges of education to
 1266  participate in the institute.
 1267         (4) By each October 1, the institute shall provide a
 1268  written report to the Governor, the President of the Senate, and
 1269  the Speaker of the House of Representatives which outlines its
 1270  activities in the preceding year, reports significant research
 1271  findings, details expenditures of state funds, and provides
 1272  specific recommendations for improving the institute’s ability
 1273  to fulfil its mission and for changes to statewide charter
 1274  school policy.
 1275         (5) Within 180 days after completion of the institute’s
 1276  fiscal year, the institute shall provide to the Auditor General,
 1277  the Board of Governors of the State University System, and the
 1278  State Board of Education a report on the results of an annual
 1279  financial audit conducted by an independent certified public
 1280  accountant in accordance with s. 11.45.
 1281         Section 9. Subsection (1) of section 1011.61, Florida
 1282  Statutes, is amended to read:
 1283         1011.61 Definitions.—Notwithstanding the provisions of s.
 1284  1000.21, the following terms are defined as follows for the
 1285  purposes of the Florida Education Finance Program:
 1286         (1) A “full-time equivalent student” in each program of the
 1287  district is defined in terms of full-time students and part-time
 1288  students as follows:
 1289         (a) A “full-time student” is one student on the membership
 1290  roll of one school program or a combination of school programs
 1291  listed in s. 1011.62(1)(c) for the school year or the equivalent
 1292  for:
 1293         1. Instruction in a standard school, comprising not less
 1294  than 900 net hours for a student in or at the grade level of 4
 1295  through 12, or not less than 720 net hours for a student in or
 1296  at the grade level of kindergarten through grade 3 or in an
 1297  authorized prekindergarten exceptional program;
 1298         2. Instruction in a double-session school or a school
 1299  utilizing an experimental school calendar approved by the
 1300  Department of Education, comprising not less than the equivalent
 1301  of 810 net hours in grades 4 through 12 or not less than 630 net
 1302  hours in kindergarten through grade 3; or
 1303         3. Instruction comprising the appropriate number of net
 1304  hours set forth in subparagraph 1. or subparagraph 2. for
 1305  students who, within the past year, have moved with their
 1306  parents for the purpose of engaging in the farm labor or fish
 1307  industries, if a plan furnishing such an extended school day or
 1308  week, or a combination thereof, has been approved by the
 1309  commissioner. Such plan may be approved to accommodate the needs
 1310  of migrant students only or may serve all students in schools
 1311  having a high percentage of migrant students. The plan described
 1312  in this subparagraph is optional for any school district and is
 1313  not mandated by the state.
 1314         (b) A “part-time student” is a student on the active
 1315  membership roll of a school program or combination of school
 1316  programs listed in s. 1011.62(1)(c) who is less than a full-time
 1317  student.
 1318         (c)1. A “full-time equivalent student” is:
 1319         a. A full-time student in any one of the programs listed in
 1320  s. 1011.62(1)(c); or
 1321         b. A combination of full-time or part-time students in any
 1322  one of the programs listed in s. 1011.62(1)(c) which is the
 1323  equivalent of one full-time student based on the following
 1324  calculations:
 1325         (I) A full-time student in a combination of programs listed
 1326  in s. 1011.62(1)(c) shall be a fraction of a full-time
 1327  equivalent membership in each special program equal to the
 1328  number of net hours per school year for which he or she is a
 1329  member, divided by the appropriate number of hours set forth in
 1330  subparagraph (a)1. or subparagraph (a)2. The difference between
 1331  that fraction or sum of fractions and the maximum value as set
 1332  forth in subsection (4) for each full-time student is presumed
 1333  to be the balance of the student’s time not spent in a special
 1334  program and shall be recorded as time in the appropriate basic
 1335  program.
 1336         (II) A prekindergarten student with a disability shall meet
 1337  the requirements specified for kindergarten students.
 1338         (III) A full-time equivalent student for students in
 1339  kindergarten through grade 12 in a full-time virtual instruction
 1340  program under s. 1002.45 or a virtual charter school under s.
 1341  1002.33 shall consist of six full-credit completions or the
 1342  prescribed level of content that counts toward promotion to the
 1343  next grade in programs listed in s. 1011.62(1)(c). Credit
 1344  completions may be a combination of full-credit courses or half
 1345  credit courses. Beginning in the 2016-2017 fiscal year, the
 1346  reported full-time equivalent students and associated funding of
 1347  students enrolled in courses requiring passage of an end-of
 1348  course assessment under s. 1003.4282 to earn a standard high
 1349  school diploma shall be adjusted if the student does not pass
 1350  the end-of-course assessment. However, no adjustment shall be
 1351  made for a student who enrolls in a segmented remedial course
 1352  delivered online.
 1353         (IV) A full-time equivalent student for students in
 1354  kindergarten through grade 12 in a part-time virtual instruction
 1355  program under s. 1002.45 shall consist of six full-credit
 1356  completions in programs listed in s. 1011.62(1)(c)1. and 3.
 1357  Credit completions may be a combination of full-credit courses
 1358  or half-credit courses. Beginning in the 2016-2017 fiscal year,
 1359  the reported full-time equivalent students and associated
 1360  funding of students enrolled in courses requiring passage of an
 1361  end-of-course assessment under s. 1003.4282 to earn a standard
 1362  high school diploma shall be adjusted if the student does not
 1363  pass the end-of-course assessment. However, no adjustment shall
 1364  be made for a student who enrolls in a segmented remedial course
 1365  delivered online.
 1366         (V) A Florida Virtual School full-time equivalent student
 1367  shall consist of six full-credit completions or the prescribed
 1368  level of content that counts toward promotion to the next grade
 1369  in the programs listed in s. 1011.62(1)(c)1. and 3. for students
 1370  participating in kindergarten through grade 12 part-time virtual
 1371  instruction and the programs listed in s. 1011.62(1)(c) for
 1372  students participating in kindergarten through grade 12 full
 1373  time virtual instruction. Credit completions may be a
 1374  combination of full-credit courses or half-credit courses.
 1375  Beginning in the 2016-2017 fiscal year, the reported full-time
 1376  equivalent students and associated funding of students enrolled
 1377  in courses requiring passage of an end-of-course assessment
 1378  under s. 1003.4282 to earn a standard high school diploma shall
 1379  be adjusted if the student does not pass the end-of-course
 1380  assessment. However, no adjustment shall be made for a student
 1381  who enrolls in a segmented remedial course delivered online.
 1382         (VI) Each successfully completed full-credit course earned
 1383  through an online course delivered by a district other than the
 1384  one in which the student resides shall be calculated as 1/6 FTE.
 1385         (VII) A full-time equivalent student for courses requiring
 1386  passage of a statewide, standardized end-of-course assessment
 1387  under s. 1003.4282 to earn a standard high school diploma shall
 1388  be defined and reported based on the number of instructional
 1389  hours as provided in this subsection until the 2016-2017 fiscal
 1390  year. Beginning in the 2016-2017 fiscal year, the FTE for the
 1391  course shall be assessment-based and shall be equal to 1/6 FTE.
 1392  The reported FTE shall be adjusted if the student does not pass
 1393  the end-of-course assessment. However, no adjustment shall be
 1394  made for a student who enrolls in a segmented remedial course
 1395  delivered online.
 1396         (VIII) For students enrolled in a school district as a
 1397  full-time student, the district may report 1/6 FTE for each
 1398  student who passes a statewide, standardized end-of-course
 1399  assessment without being enrolled in the corresponding course.
 1400         2. A student in membership in a program scheduled for more
 1401  or less than 180 school days or the equivalent on an hourly
 1402  basis as specified by rules of the State Board of Education is a
 1403  fraction of a full-time equivalent membership equal to the
 1404  number of instructional hours in membership divided by the
 1405  appropriate number of hours set forth in subparagraph (a)1.;
 1406  however, for the purposes of this subparagraph, membership in
 1407  programs scheduled for more than 180 days is limited to students
 1408  enrolled in:
 1409         a. Juvenile justice education programs.
 1410         b. The Florida Virtual School.
 1411         c. Virtual instruction programs and virtual charter schools
 1412  for the purpose of course completion and credit recovery
 1413  pursuant to ss. 1002.45 and 1003.498. Course completion applies
 1414  only to a student who is reported during the second or third
 1415  membership surveys and who does not complete a virtual education
 1416  course by the end of the regular school year. The course must be
 1417  completed no later than the deadline for amending the final
 1418  student enrollment survey for that year. Credit recovery applies
 1419  only to a student who has unsuccessfully completed a traditional
 1420  or virtual education course during the regular school year and
 1421  must re-take the course in order to be eligible to graduate with
 1422  the student’s class.
 1423  
 1424  The full-time equivalent student enrollment calculated under
 1425  this subsection is subject to the requirements in subsection
 1426  (4).
 1427  
 1428  The department shall determine and implement an equitable method
 1429  of equivalent funding for experimental schools and for schools
 1430  operating under emergency conditions, which schools have been
 1431  approved by the department to operate for less than the minimum
 1432  school day.
 1433         Section 10. Section 1011.6202, Florida Statutes, is created
 1434  to read:
 1435         1011.6202 Principal Autonomy Pilot Program Initiative.—The
 1436  Principal Autonomy Pilot Program Initiative is created within
 1437  the Department of Education. The purpose of the pilot program is
 1438  to provide the principal of a participating school with
 1439  increased autonomy and authority to operate his or her school in
 1440  a way that produces significant improvements in student
 1441  achievement and school management while complying with
 1442  constitutional requirements. The State Board of Education may,
 1443  upon approval of a principal autonomy proposal, enter into a
 1444  performance contract with up to six district school boards for
 1445  participation in the program.
 1446         (1) PARTICIPATING SCHOOL DISTRICTS.—A Florida school
 1447  district may submit to the state board for approval a principal
 1448  autonomy proposal that exchanges statutory and rule exemptions
 1449  for an agreement to meet performance goals established in the
 1450  proposal. If approved by the state board, the school district
 1451  shall be eligible to participate in the program for 3 years. At
 1452  the end of the 3 years, the performance of all participating
 1453  schools in the school district shall be evaluated.
 1454         (2) PRINCIPAL AUTONOMY PROPOSAL.—
 1455         (a) To participate in the program, a school district must:
 1456         1. Identify three middle or high schools whose principals
 1457  will have fiscal and administrative autonomy.
 1458         2. Describe the current financial and administrative
 1459  management of each participating school; identify the areas in
 1460  which each school principal will have increased fiscal and
 1461  administrative autonomy, including the authority and
 1462  responsibilities provided in s. 1012.28(8); and identify the
 1463  areas in which each participating school will continue to follow
 1464  district school board fiscal and administrative policies.
 1465         3. Explain the methods used to identify the educational
 1466  strengths and needs of the participating school’s students and
 1467  identify how student achievement can be improved.
 1468         4. Establish performance goals for student achievement, as
 1469  defined in s. 1008.34(1), and explain how the increased autonomy
 1470  of principals will help participating schools improve student
 1471  achievement and school management.
 1472         5. Provide each participating school’s mission and a
 1473  description of its student population.
 1474         (b) The state board shall establish criteria, which must
 1475  include the criteria listed in paragraph (a), for the approval
 1476  of a principal autonomy proposal.
 1477         (c) A school district must submit its principal autonomy
 1478  proposal to the state board for approval by December 1 in order
 1479  to begin participation in the subsequent school year. By
 1480  February 28 of the school year in which the proposal is
 1481  submitted, the state board shall notify the district school
 1482  board in writing whether the proposal is approved.
 1483         (3) EXEMPTION FROM LAWS.—
 1484         (a) With the exception of those laws listed in paragraph
 1485  (b), a participating school district is exempt from the
 1486  provisions of chapters 1000-1013 and rules of the state board
 1487  which implement those exempt provisions.
 1488         (b) A participating school district shall comply with the
 1489  provisions of chapters 1000-1013, and rules of the state board
 1490  which implement those provisions, pertaining to the following:
 1491         1. Those laws relating to the election and compensation of
 1492  district school board members, the election or appointment and
 1493  compensation of district school superintendents, public meetings
 1494  and public records requirements, financial disclosure, and
 1495  conflicts of interest.
 1496         2. Those laws relating to the student assessment program
 1497  and school grading system, including chapter 1008.
 1498         3. Those laws relating to the provision of services to
 1499  students with disabilities.
 1500         4. Those laws relating to civil rights, including s.
 1501  1000.05, relating to discrimination.
 1502         5. Those laws relating to student health, safety, and
 1503  welfare.
 1504         6. Section 1001.42(4)(f), relating to the uniform opening
 1505  and closing date for public schools.
 1506         7. Section 1003.03, governing maximum class size, except
 1507  that the calculation for compliance pursuant to s. 1003.03 is
 1508  the average at the school level for a participating school.
 1509         8. Sections 1012.22(1)(c) and 1012.27(2), relating to
 1510  compensation and salary schedules.
 1511         9. Section 1012.33(5), relating to workforce reductions for
 1512  annual contracts for instructional personnel. This subparagraph
 1513  does not apply to at-will employees.
 1514         10. Section 1012.335, relating to annual contracts for
 1515  instructional personnel hired on or after July 1, 2011. This
 1516  subparagraph does not apply to at-will employees.
 1517         11. Section 1012.34, relating to personnel evaluation
 1518  procedures and criteria.
 1519         12. Those laws pertaining to educational facilities,
 1520  including chapter 1013, except that s. 1013.20, relating to
 1521  covered walkways for relocatables, and s. 1013.21, relating to
 1522  the use of relocatable facilities exceeding 20 years of age, are
 1523  eligible for exemption.
 1524         13. Those laws pertaining to participating school
 1525  districts, including this section and ss. 1011.64(2)(b),
 1526  1011.69(2), 1012.28(8), and 1012.986(1)(e).
 1527         (4) PROFESSIONAL DEVELOPMENT.—Each participating school
 1528  district shall require that the principal of each participating
 1529  school complete professional development provided through the
 1530  William Cecil Golden Professional Development Program for School
 1531  Leaders under s. 1012.986. The professional development must be
 1532  completed before a school may participate in the Principal
 1533  Autonomy Pilot Program Initiative.
 1534         (5) TERM OF PARTICIPATION.—The state board shall authorize
 1535  a school district to participate in the program for a period of
 1536  3 years commencing with approval of the principal autonomy
 1537  proposal. Authorization to participate in the program may be
 1538  renewed upon action of the state board. The state board may
 1539  revoke authorization to participate in the program if the school
 1540  district fails to meet the requirements of this section during
 1541  the 3-year period.
 1542         (6) REPORTING.—Each participating school district shall
 1543  submit an annual report to the state board. The state board
 1544  shall annually report on the implementation of the Principal
 1545  Autonomy Pilot Program Initiative. Upon completion of the
 1546  program’s first 3-year term, the Commissioner of Education shall
 1547  submit to the President of the Senate and the Speaker of the
 1548  House of Representatives by December 1 a full evaluation of the
 1549  effectiveness of the program.
 1550         (7) RULEMAKING.—The State Board of Education shall adopt
 1551  rules to administer this section.
 1552         Section 11. Paragraph (b) of subsection (2) of section
 1553  1011.64, Florida Statutes, is amended to read:
 1554         1011.64 School district minimum classroom expenditure
 1555  requirements.—
 1556         (2) For the purpose of implementing the provisions of this
 1557  section, the Legislature shall prescribe minimum academic
 1558  performance standards and minimum classroom expenditure
 1559  requirements for districts not meeting such minimum academic
 1560  performance standards in the General Appropriations Act.
 1561         (b) School district minimum classroom expenditure
 1562  requirements shall be calculated pursuant to subsection (3) and
 1563  may include training pursuant to s. 1012.986(1)(e).
 1564         Section 12. Subsection (2) of section 1011.69, Florida
 1565  Statutes, is amended to read:
 1566         1011.69 Equity in School-Level Funding Act.—
 1567         (2) Beginning in the 2003-2004 fiscal year, district school
 1568  boards shall allocate to schools within the district an average
 1569  of 90 percent of the funds generated by all schools and
 1570  guarantee that each school receives at least 80 percent, except
 1571  that a school participating in the Principal Autonomy Pilot
 1572  Program Initiative under s. 1011.6202 is guaranteed to receive
 1573  at least 90 percent, of the funds generated by that school based
 1574  upon the Florida Education Finance Program as provided in s.
 1575  1011.62 and the General Appropriations Act, including gross
 1576  state and local funds, discretionary lottery funds, and funds
 1577  from the school district’s current operating discretionary
 1578  millage levy. Total funding for each school shall be
 1579  recalculated during the year to reflect the revised calculations
 1580  under the Florida Education Finance Program by the state and the
 1581  actual weighted full-time equivalent students reported by the
 1582  school during the full-time equivalent student survey periods
 1583  designated by the Commissioner of Education. If the district
 1584  school board is providing programs or services to students
 1585  funded by federal funds, any eligible students enrolled in the
 1586  schools in the district shall be provided federal funds.
 1587         Section 13. Subsection (8) is added to section 1012.28,
 1588  Florida Statutes, to read:
 1589         1012.28 Public school personnel; duties of school
 1590  principals.—
 1591         (8) The principal of a participating school in a
 1592  participating school district approved under s. 1011.6202 has
 1593  the following additional authority and responsibilities:
 1594         (a) In addition to the authority provided in subsection
 1595  (6), the authority to select qualified instructional personnel
 1596  for placement or to refuse to accept the placement or transfer
 1597  of instructional personnel by the district school
 1598  superintendent. Placement of instructional personnel at a
 1599  participating school in a participating school district does not
 1600  affect the employee’s status as a school district employee.
 1601         (b) The authority to deploy financial resources to school
 1602  programs at the principal’s discretion to help improve student
 1603  achievement, as defined in s. 1008.34(1), and meet performance
 1604  goals identified in the principal autonomy proposal submitted
 1605  pursuant to s. 1011.6202.
 1606         (c) The responsibility to annually provide to the district
 1607  school superintendent and the district school board a budget for
 1608  the operation of the participating school which identifies how
 1609  funds provided pursuant to s. 1011.69(2) are allocated. The
 1610  school district shall include the budget in the annual report
 1611  provided to the State Board of Education pursuant to s.
 1612  1011.6202(6).
 1613         Section 14. Subsection (2) of section 1012.42, Florida
 1614  Statutes, is amended to read:
 1615         1012.42 Teacher teaching out-of-field.—
 1616         (2) NOTIFICATION REQUIREMENTS.—When a teacher in a district
 1617  school system is assigned teaching duties in a class dealing
 1618  with subject matter that is outside the field in which the
 1619  teacher is certified, outside the field that was the applicant’s
 1620  minor field of study, or outside the field in which the
 1621  applicant has demonstrated sufficient subject area expertise, as
 1622  determined by district school board policy in the subject area
 1623  to be taught, the parents of all students in the class shall be
 1624  notified in writing of such assignment. A parent that receives
 1625  this notification may, after the October student membership
 1626  survey, request that his or her child be transferred to another
 1627  classroom teacher within the school and grade in which the child
 1628  is currently enrolled. If space is available in a classroom
 1629  taught by an in-field teacher, the school district shall grant
 1630  the parent’s request and transfer the student to the in-field
 1631  classroom teacher within a reasonable period of time, not to
 1632  exceed 2 weeks. An explanation of the transfer process must be
 1633  made available in the student handbook or a similar publication.
 1634  This does not provide a parent the right to choose a specific
 1635  teacher.
 1636         Section 15. Paragraph (e) is added to subsection (1) of
 1637  section 1012.986, Florida Statutes, to read:
 1638         1012.986 William Cecil Golden Professional Development
 1639  Program for School Leaders.—
 1640         (1) There is established the William Cecil Golden
 1641  Professional Development Program for School Leaders to provide
 1642  high standards and sustained support for principals as
 1643  instructional leaders. The program shall consist of a
 1644  collaborative network of state and national professional
 1645  leadership organizations to respond to instructional leadership
 1646  needs throughout the state. The network shall support the human
 1647  resource development needs of principals, principal leadership
 1648  teams, and candidates for principal leadership positions using
 1649  the framework of leadership standards adopted by the State Board
 1650  of Education, the Southern Regional Education Board, and the
 1651  National Staff Development Council. The goal of the network
 1652  leadership program is to:
 1653         (e) For principals of schools participating in the
 1654  Principal Autonomy Pilot Program Initiative under s. 1011.6202,
 1655  provide training on the following:
 1656         1. Managing instructional personnel, including developing a
 1657  high-performing instructional leadership team.
 1658         2. Public school budgeting, financial management, and human
 1659  resources policies and procedures.
 1660         3. Best practices for the effective exercise of increased
 1661  budgetary and staffing flexibility to improve student
 1662  achievement and operational efficiency.
 1663         Section 16. Paragraph (a) of subsection (1) of section
 1664  1013.62, Florida Statutes, is amended to read:
 1665         1013.62 Charter schools capital outlay funding.—
 1666         (1) In each year in which funds are appropriated for
 1667  charter school capital outlay purposes, the Commissioner of
 1668  Education shall allocate the funds among eligible charter
 1669  schools.
 1670         (a) To be eligible for a funding allocation, a charter
 1671  school must:
 1672         1.a. Have been in operation for 3 or more years;
 1673         b. Be governed by a governing board established in the
 1674  state for 3 or more years which operates both charter schools
 1675  and conversion charter schools within the state;
 1676         c. Be an expanded feeder chain of a charter school within
 1677  the same school district that is currently receiving charter
 1678  school capital outlay funds;
 1679         d. Have been accredited by the Commission on Schools of the
 1680  Southern Association of Colleges and Schools; or
 1681         e. Serve students in facilities that are provided by a
 1682  business partner for a charter school-in-the-workplace pursuant
 1683  to s. 1002.33(15)(b).
 1684         2. Have an annual audit that does not reveal any of the
 1685  financial emergency conditions provided in s. 218.503(1) for the
 1686  most recent fiscal year for which such audit results are
 1687  available stability for future operation as a charter school.
 1688         3. Have satisfactory student achievement based on state
 1689  accountability standards applicable to the charter school.
 1690         4. Have received final approval from its sponsor pursuant
 1691  to s. 1002.33 for operation during that fiscal year.
 1692         5. Serve students in facilities that are not provided by
 1693  the charter school’s sponsor.
 1694         Section 17. Notwithstanding any other provision of law,
 1695  student reporting requirements related to withdrawals,
 1696  suspensions, expulsions, and other related instances where
 1697  students are no longer enrolled in a school, must be the same
 1698  for public schools, including charter schools. Thus, charter
 1699  school reporting requirements for these instances apply to all
 1700  public schools, and public school reporting requirements apply
 1701  to all charter schools.
 1702         Section 18. This act shall take effect July 1, 2015.