Florida Senate - 2015              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1552
       
       
       
       
       
                               Ì346014vÎ346014                          
       
       581-02428-15                                                    
       Proposed Committee Substitute by the Committee on Education Pre
       K - 12
    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; providing the right of a parent to know
    5         the average amount of money expended for the education
    6         of his or her child; requiring the Department of
    7         Education to provide each school district with such
    8         information and requiring the school districts to
    9         provide notification to parents; authorizing the
   10         information to be published in the student handbook or
   11         a similar publication; amending s. 1002.31, F.S.;
   12         deleting the definition of the term “controlled open
   13         enrollment” and deleting provisions relating to
   14         controlled open enrollment; requiring each district
   15         school board to establish a public school parental
   16         choice policy that allows students to attend any
   17         public school that has not reached capacity in their
   18         district; requiring assignments to be made on a first
   19         come, first-served basis; defining the term “capacity”
   20         for the purposes of a district school board public
   21         school parental choice plan; authorizing a parent to
   22         enroll his or her child in any public school that has
   23         not reached capacity in the state; amending s.
   24         1002.33, F.S.; revising required contents of charter
   25         school applications; requiring a charter school to
   26         submit quarterly financial statements for the first
   27         year of operation with specified information included;
   28         requiring a charter school to submit a plan to become
   29         financially viable under certain circumstances;
   30         conforming provisions regarding the appeal process for
   31         denial of a high-performing charter school
   32         application; specifying that the reading curriculum
   33         and instructional strategies in a charter school’s
   34         charter satisfy the research-based reading plan
   35         requirement and that charter schools are eligible for
   36         the research-based reading allocation; requiring a
   37         person or officer of an entity who submits a charter
   38         school application to undergo background screening;
   39         prohibiting a sponsor from approving a charter school
   40         application until completion, receipt, and review of
   41         the results of such screening; requiring a charter to
   42         document that the governing board is independent of a
   43         management company or cooperative; revising charter
   44         provisions relating to long-term charters; revising
   45         the deadline by which a charter school must have a
   46         certificate of occupancy or temporary certificate of
   47         occupancy; revising conditions for nonrenewal or
   48         termination of a charter; requiring the sponsor to
   49         review monthly financial statements; requiring the
   50         sponsor to notify specified parties of a charter’s
   51         termination under certain circumstances; requiring a
   52         charter school’s governing board to appoint a
   53         representative to provide information and assistance
   54         to parents; requiring the governing board to hold a
   55         certain number of meetings that are noticed, open, and
   56         accessible to the public per school year; requiring a
   57         charter school with space available to be open to any
   58         student in the state; revising requirements for the
   59         funding of charter schools; prohibiting the district
   60         school board from delaying payment to a charter school
   61         under specified circumstances; requiring the
   62         Department of Education to include a standard
   63         application form when providing information to the
   64         public on how to form, operate, and enroll in a
   65         charter school; prohibiting an employee of a
   66         management company or cooperative from being a member
   67         of a charter school governing board; prohibiting
   68         specified conflicts of interests on the part of
   69         members of the governing board of a charter school or
   70         charter school cooperative organization; amending s.
   71         1002.331, F.S.; providing an exception to the
   72         prohibition on a high-performing charter school
   73         establishing more than one charter school in this
   74         state under specified circumstances; conforming
   75         provisions and a cross-reference to changes made by
   76         the act; amending s. 1002.332, F.S.; authorizing
   77         certain out-of-state entities to apply for designation
   78         as a high-performing charter school system; requiring
   79         the State Board of Education to adopt by rule
   80         eligibility criteria for such designation; requiring
   81         that charter schools established by such entities
   82         receive a reduction in certain administrative fees;
   83         amending s. 1002.451, F.S.; conforming a provision to
   84         changes made by the act; creating s. 1003.3101, F.S.;
   85         requiring each district school board to establish a
   86         classroom teacher transfer process for parents,
   87         approve or deny a request within a certain timeframe,
   88         and post an explanation of the transfer process in the
   89         student handbook or a similar publication; creating s.
   90         1003.5711, F.S.; providing that certain students who
   91         are deemed eligible for hospitalized program services
   92         are considered students with a disability; authorizing
   93         an individual education plan to be modified to
   94         accommodate such services; requiring the student to
   95         continue to receive educational instruction; requiring
   96         a school district to provide the student with a
   97         certified teacher or to partner with the Florida
   98         Virtual School for instructional services under
   99         certain circumstances; requiring the department to
  100         transfer funds for the student; requiring a children’s
  101         hospital to provide adequate educational space for
  102         each student; requiring the hospital and school
  103         district to enter in an agreement; creating s.
  104         1004.6491, F.S.; establishing the Florida Institute
  105         for Charter School Innovation; specifying requirements
  106         for the institute; requiring an annual report to the
  107         Governor and the Legislature; requiring a report on
  108         the institute’s annual financial audit to the Auditor
  109         General, the Board of Governors of the State
  110         University System, and the State Board of Education;
  111         amending s. 1006.15, F.S.; conforming provisions to
  112         changes made by the act; amending s. 1011.61, F.S.;
  113         revising the definition of the term “full-time
  114         student” for the purposes of the Florida Education
  115         Finance Program; creating s. 1011.6202, F.S.; creating
  116         the Charter School District Pilot Program; providing a
  117         procedure for a school district to participate in the
  118         pilot program; providing requirements for
  119         participating school districts and schools; exempting
  120         participating school districts from certain laws and
  121         rules; providing that charter school districts must
  122         comply with certain laws and rules; requiring
  123         principals of participating schools to complete a
  124         specific professional development program; providing
  125         the authorization period of a charter; providing for
  126         renewal and revocation of a charter; providing for
  127         reporting and rulemaking; amending s. 1011.69, F.S.;
  128         requiring district school boards participating in the
  129         pilot program to allocate a specified percentage of
  130         certain funds to participating schools; amending s.
  131         1012.28, F.S.; providing additional authority and
  132         responsibilities of the principal of a participating
  133         school in a charter school district; amending s.
  134         1012.42, F.S.; authorizing a parent who receives
  135         notification that a teacher is teaching outside his or
  136         her field to request that his or her child be
  137         transferred to another classroom teacher within the
  138         school and grade in which the child is currently
  139         enrolled; amending s. 1012.986, F.S.; specifying the
  140         contents of a specific professional development
  141         program for certain school principals; amending s.
  142         1013.62, F.S.; revising eligibility requirements for
  143         charter school capital outlay funding; specifying
  144         applicability of certain reporting requirements to
  145         charter schools and public schools; providing an
  146         effective date.
  147          
  148  Be It Enacted by the Legislature of the State of Florida:
  149  
  150         Section 1. Paragraph (a) of subsection (6) of section
  151  1002.20, Florida Statutes, is amended, and subsection (25) is
  152  added to that section, to read:
  153         1002.20 K-12 student and parent rights.—Parents of public
  154  school students must receive accurate and timely information
  155  regarding their child’s academic progress and must be informed
  156  of ways they can help their child to succeed in school. K-12
  157  students and their parents are afforded numerous statutory
  158  rights including, but not limited to, the following:
  159         (6) EDUCATIONAL CHOICE.—
  160         (a) Public school choices.—Parents of public school
  161  students may seek whatever public school choice options that are
  162  applicable and available to students in their school districts.
  163  These options may include public school parental choice
  164  controlled open enrollment, single-gender programs, lab schools,
  165  virtual instruction programs, charter schools, charter technical
  166  career centers, magnet schools, alternative schools, special
  167  programs, auditory-oral education programs, advanced placement,
  168  dual enrollment, International Baccalaureate, International
  169  General Certificate of Secondary Education (pre-AICE), Advanced
  170  International Certificate of Education, CAPE digital tools, CAPE
  171  industry certifications, collegiate high school programs, early
  172  admissions, credit by examination or demonstration of
  173  competency, the New World School of the Arts, the Florida School
  174  for the Deaf and the Blind, and the Florida Virtual School.
  175  These options may also include the public school choice options
  176  of the Opportunity Scholarship Program and the McKay
  177  Scholarships for Students with Disabilities Program.
  178         (25) FISCAL TRANSPARENCY.—A parent has the right to know
  179  the average amount of money estimated to be expended from all
  180  sources, state, local, and federal, for the education of his or
  181  her child, including operating and capital outlay expenses. The
  182  department shall annually provide each district the estimated
  183  amount of funding allocated for a student in the district by
  184  grade level and level of support. Each district must notify
  185  parents of the estimated amount of funding allocated for a
  186  student similar to their child, based upon grade level and level
  187  of support. The fiscal transparency notification may be included
  188  in the student handbook or a similar publication.
  189         Section 2. Subsections (1), (2), and (3) of section
  190  1002.31, Florida Statutes, are amended to read:
  191         1002.31 Controlled open enrollment; Public school parental
  192  choice.—
  193         (1) As used in this section, “controlled open enrollment”
  194  means a public education delivery system that allows school
  195  districts to make student school assignments using parents’
  196  indicated preferential school choice as a significant factor.
  197         (1)(2) Each district school board shall establish a public
  198  school parental choice policy that authorizes a parent to choose
  199  to enroll his or her child in and transport his or her child to
  200  any public school that has not reached capacity, including
  201  charter schools, in the district. This policy may offer
  202  controlled open enrollment within the public schools which is in
  203  addition to the existing choice programs, such as virtual
  204  instruction programs, magnet schools, alternative schools,
  205  special programs, CAPE digital tools, CAPE industry
  206  certifications, advanced placement, collegiate high school
  207  programs, and dual enrollment.
  208         (2)(3) Each district school board offering controlled open
  209  enrollment shall adopt by rule and post on its website a public
  210  school parental choice controlled open enrollment plan which
  211  must:
  212         (a) Adhere to federal desegregation requirements.
  213         (b) Include an application process required to participate
  214  in public school parental choice controlled open enrollment that
  215  allows parents to declare school preferences, including
  216  placement of siblings within the same school.
  217         (c) Assign students on a first-come, first-served basis
  218  based upon the date and time complete applications are received
  219  by the school district Provide a lottery procedure to determine
  220  student assignment and establish an appeals process for hardship
  221  cases.
  222         (d) Afford parents of students in multiple session schools
  223  preferred access to controlled open enrollment.
  224         (e) Maintain socioeconomic, demographic, and racial
  225  balance.
  226         (f) Address the availability of transportation.
  227         (g) Define the term “capacity” as a school in which the
  228  capital outlay FTE enrollment exceeds 95 percent of the space
  229  and occupant design capacity of its nonrelocatable facilities.
  230  However, if a school’s initial design incorporated relocatable
  231  or modular instructional space, the term “capacity” shall mean a
  232  school in which the capital outlay FTE enrollment exceeds 95
  233  percent of the space and occupant design capacity of its core
  234  facilities.
  235         (3) A parent may choose to enroll his or her child in and
  236  transport his or her child to any public school that has not
  237  reached capacity, including charter schools, in any school
  238  district in the state. The school district shall accept the
  239  student and report the student for purposes of the district’s
  240  funding pursuant to the Florida Education Finance Program.
  241         Section 3. Paragraphs (a), (b), and (c) of subsection (6),
  242  paragraphs (a), (b), and (d) of subsection (7), paragraphs (e),
  243  (f), and (g) of subsection (8), paragraphs (g), (n), and (p) of
  244  subsection (9), paragraph (a) of subsection (10), paragraphs (b)
  245  and (e) of subsection (17), subsection (21), and paragraph (c)
  246  of subsection (26) of section 1002.33, Florida Statutes, are
  247  amended, paragraphs (h) and (i) are added to subsection (8) of
  248  that section, a new subsection (27) is added to that section,
  249  and present subsections (27) and (28) are redesignated as
  250  subsections (28) and (29), respectively, to read:
  251         1002.33 Charter schools.—
  252         (6) APPLICATION PROCESS AND REVIEW.—Charter school
  253  applications are subject to the following requirements:
  254         (a) A person or entity wishing to open a charter school
  255  shall prepare and submit an application on a model application
  256  form prepared by the Department of Education which:
  257         1. Demonstrates how the school will use the guiding
  258  principles and meet the statutorily defined purpose of a charter
  259  school.
  260         2. Provides a detailed curriculum plan that illustrates how
  261  students will be provided services to attain the Sunshine State
  262  Standards.
  263         3. Contains goals and objectives for improving student
  264  learning and measuring that improvement. These goals and
  265  objectives must indicate how much academic improvement students
  266  are expected to show each year, how success will be evaluated,
  267  and the specific results to be attained through instruction.
  268         4. Describes the reading curriculum and differentiated
  269  strategies that will be used for students reading at grade level
  270  or higher and a separate curriculum and strategies for students
  271  who are reading below grade level. A sponsor shall deny an
  272  application a charter if the school does not propose a reading
  273  curriculum that is consistent with effective teaching strategies
  274  that are grounded in scientifically based reading research, but
  275  the sponsor may not require the school to implement any
  276  curriculum adopted by the school district.
  277         5. Contains an annual financial plan for each year
  278  requested by the charter for operation of the school for up to 5
  279  years. This plan must contain anticipated fund balances based on
  280  revenue projections, a spending plan based on projected revenues
  281  and expenses, and a description of controls that will safeguard
  282  finances and projected enrollment trends.
  283         6. Discloses the name of each applicant, governing board
  284  member, and proposed management company or cooperative, if any;
  285  the name and sponsor of any charter school currently operated or
  286  previously operated by such parties; and the academic and
  287  financial history of such charter schools, which the sponsor
  288  shall consider in deciding to approve or deny the application.
  289         7. Documents that the governing board is independent of any
  290  management company or cooperative and may, at its sole
  291  discretion, terminate a contract with the management company or
  292  cooperative at any time.
  293         8.6. Contains additional information a sponsor may require,
  294  which shall be attached as an addendum to the charter school
  295  application described in this paragraph.
  296         9.7. For the establishment of a virtual charter school,
  297  documents that the applicant has contracted with a provider of
  298  virtual instruction services pursuant to s. 1002.45(1)(d).
  299         (b) A sponsor shall receive and review all applications for
  300  a charter school using an evaluation instrument developed by the
  301  Department of Education. A sponsor shall receive and consider
  302  charter school applications received on or before August 1 of
  303  each calendar year for charter schools to be opened at the
  304  beginning of the school district’s next school year, or to be
  305  opened at a time agreed to by the applicant and the sponsor. A
  306  sponsor may not refuse to receive a charter school application
  307  submitted before August 1 and may receive an application
  308  submitted later than August 1 if it chooses. In order to
  309  facilitate greater collaboration in the application process, an
  310  applicant may submit a draft charter school application on or
  311  before May 1 with an application fee of $500. If a draft
  312  application is timely submitted, the sponsor shall review and
  313  provide feedback as to material deficiencies in the application
  314  by July 1. The applicant shall then have until August 1 to
  315  resubmit a revised and final application. The sponsor may
  316  approve the draft application. Except as provided for a draft
  317  application, a sponsor may not charge an applicant for a charter
  318  any fee for the processing or consideration of an application,
  319  and a sponsor may not base its consideration or approval of a
  320  final application upon the promise of future payment of any
  321  kind. Before approving or denying any final application, the
  322  sponsor shall allow the applicant, upon receipt of written
  323  notification, at least 7 calendar days to make technical or
  324  nonsubstantive corrections and clarifications, including, but
  325  not limited to, corrections of grammatical, typographical, and
  326  like errors or missing signatures, if such errors are identified
  327  by the sponsor as cause to deny the final application.
  328         1. In order to facilitate an accurate budget projection
  329  process, a sponsor shall be held harmless for FTE students who
  330  are not included in the FTE projection due to approval of
  331  charter school applications after the FTE projection deadline.
  332  In a further effort to facilitate an accurate budget projection,
  333  within 15 calendar days after receipt of a charter school
  334  application, a sponsor shall report to the Department of
  335  Education the name of the applicant entity, the proposed charter
  336  school location, and its projected FTE.
  337         2. In order to ensure fiscal responsibility, an application
  338  for a charter school shall include a full accounting of expected
  339  assets, a projection of expected sources and amounts of income,
  340  including income derived from projected student enrollments and
  341  from community support, and an expense projection that includes
  342  full accounting of the costs of operation, including start-up
  343  costs. To ensure continued financial responsibility, a charter
  344  school shall submit quarterly financial statements for the first
  345  year of operation which include a full accounting of the costs
  346  of operation and sources of income. If a school’s financial
  347  statement indicates that the school is not financially viable,
  348  the school must also prepare and submit a plan that describes
  349  specific actions the school will take to become viable.
  350         3.a. A sponsor shall by a majority vote approve or deny an
  351  application no later than 60 calendar days after the application
  352  is received, unless the sponsor and the applicant mutually agree
  353  in writing to temporarily postpone the vote to a specific date,
  354  at which time the sponsor shall by a majority vote approve or
  355  deny the application. If the sponsor fails to act on the
  356  application, an applicant may appeal to the State Board of
  357  Education as provided in paragraph (c). If an application is
  358  denied, the sponsor shall, within 10 calendar days after such
  359  denial, articulate in writing the specific reasons, based upon
  360  good cause, supporting its denial of the charter application and
  361  shall provide the letter of denial and supporting documentation
  362  to the applicant and to the Department of Education.
  363         b. An application submitted by a high-performing charter
  364  school identified pursuant to s. 1002.331 may be denied by the
  365  sponsor only if the sponsor demonstrates by clear and convincing
  366  evidence that:
  367         (I) The application does not materially comply with the
  368  requirements in paragraph (a);
  369         (II) The charter school proposed in the application does
  370  not materially comply with the requirements in paragraphs
  371  (9)(a)-(f);
  372         (III) The proposed charter school’s educational program
  373  does not substantially replicate that of the applicant or one of
  374  the applicant’s high-performing charter schools;
  375         (IV) The applicant has made a material misrepresentation or
  376  false statement or concealed an essential or material fact
  377  during the application process; or
  378         (V) The proposed charter school’s educational program and
  379  financial management practices do not materially comply with the
  380  requirements of this section.
  381  
  382  Material noncompliance is a failure to follow requirements or a
  383  violation of prohibitions applicable to charter school
  384  applications, which failure is quantitatively or qualitatively
  385  significant either individually or when aggregated with other
  386  noncompliance. An applicant is considered to be replicating a
  387  high-performing charter school if the proposed school is
  388  substantially similar to at least one of the applicant’s high
  389  performing charter schools and the organization or individuals
  390  involved in the establishment and operation of the proposed
  391  school are significantly involved in the operation of replicated
  392  schools.
  393         c. If the sponsor denies an application submitted by a
  394  high-performing charter school, the sponsor must, within 10
  395  calendar days after such denial, state in writing the specific
  396  reasons, based upon the criteria in sub-subparagraph b.,
  397  supporting its denial of the application and must provide the
  398  letter of denial and supporting documentation to the applicant
  399  and to the Department of Education. The applicant may appeal the
  400  sponsor’s denial of the application directly to the State Board
  401  of Education pursuant to paragraph (c) and must provide the
  402  sponsor with a copy of the appeal sub-subparagraph (c)3.b.
  403         4. For budget projection purposes, the sponsor shall report
  404  to the Department of Education the approval or denial of a
  405  charter application within 10 calendar days after such approval
  406  or denial. In the event of approval, the report to the
  407  Department of Education shall include the final projected FTE
  408  for the approved charter school.
  409         5. Upon approval of a charter application, the initial
  410  startup shall commence with the beginning of the public school
  411  calendar for the district in which the charter is granted unless
  412  the sponsor allows a waiver of this subparagraph for good cause.
  413         6. A person, or an officer of an entity, who submits an
  414  application pursuant to this subsection must undergo background
  415  screening in the same manner as instructional and
  416  noninstructional personnel hired or contracted to fill positions
  417  in a charter school or as members of the governing board of a
  418  charter school undergo background screening under s. 1012.32.
  419  Notwithstanding any other provision of this subsection, a person
  420  may not receive approval of a charter application until the
  421  person’s screening is completed and the results have been
  422  submitted to, and reviewed by, the sponsor.
  423         (c)1. An applicant may appeal any denial of that
  424  applicant’s application or failure to act on an application to
  425  the State Board of Education within no later than 30 calendar
  426  days after receipt of the sponsor’s decision or failure to act
  427  and shall notify the sponsor of its appeal. Any response of the
  428  sponsor shall be submitted to the State Board of Education
  429  within 30 calendar days after notification of the appeal. Upon
  430  receipt of notification from the State Board of Education that a
  431  charter school applicant is filing an appeal, the Commissioner
  432  of Education shall convene a meeting of the Charter School
  433  Appeal Commission to study and make recommendations to the State
  434  Board of Education regarding its pending decision about the
  435  appeal. The commission shall forward its recommendation to the
  436  state board at least 7 calendar days before the date on which
  437  the appeal is to be heard. An appeal regarding the denial of an
  438  application submitted by a high-performing charter school
  439  pursuant to s. 1002.331 shall be conducted by the State Board of
  440  Education in accordance with this paragraph, except that the
  441  commission shall not convene to make recommendations regarding
  442  the appeal. However, the Commissioner of Education shall review
  443  the appeal and make a recommendation to the state board.
  444         2. The Charter School Appeal Commission or, in the case of
  445  an appeal regarding an application submitted by a high
  446  performing charter school, the State Board of Education may
  447  reject an appeal submission for failure to comply with
  448  procedural rules governing the appeals process. The rejection
  449  shall describe the submission errors. The appellant shall have
  450  15 calendar days after notice of rejection in which to resubmit
  451  an appeal that meets the requirements set forth in State Board
  452  of Education rule. An appeal submitted subsequent to such
  453  rejection is considered timely if the original appeal was filed
  454  within 30 calendar days after receipt of notice of the specific
  455  reasons for the sponsor’s denial of the charter application.
  456         3.a. The State Board of Education shall by majority vote
  457  accept or reject the decision of the sponsor no later than 90
  458  calendar days after an appeal is filed in accordance with State
  459  Board of Education rule. The State Board of Education shall
  460  remand the application to the sponsor with its written decision
  461  that the sponsor approve or deny the application. The sponsor
  462  shall implement the decision of the State Board of Education.
  463  The decision of the State Board of Education is not subject to
  464  the provisions of the Administrative Procedure Act, chapter 120.
  465         b. If an appeal concerns an application submitted by a
  466  high-performing charter school identified pursuant to s.
  467  1002.331, the State Board of Education shall determine whether
  468  the sponsor’s denial of the application complies with the
  469  requirements in sub-subparagraph (b)3.b. sponsor has shown, by
  470  clear and convincing evidence, that:
  471         (I) The application does not materially comply with the
  472  requirements in paragraph (a);
  473         (II) The charter school proposed in the application does
  474  not materially comply with the requirements in paragraphs
  475  (9)(a)-(f);
  476         (III) The proposed charter school’s educational program
  477  does not substantially replicate that of the applicant or one of
  478  the applicant’s high-performing charter schools;
  479         (IV) The applicant has made a material misrepresentation or
  480  false statement or concealed an essential or material fact
  481  during the application process; or
  482         (V) The proposed charter school’s educational program and
  483  financial management practices do not materially comply with the
  484  requirements of this section.
  485  
  486  The State Board of Education shall approve or reject the
  487  sponsor’s denial of an application no later than 90 calendar
  488  days after an appeal is filed in accordance with State Board of
  489  Education rule. The State Board of Education shall remand the
  490  application to the sponsor with its written decision that the
  491  sponsor approve or deny the application. The sponsor shall
  492  implement the decision of the State Board of Education. The
  493  decision of the State Board of Education is not subject to the
  494  Administrative Procedure Act, chapter 120.
  495         (7) CHARTER.—The major issues involving the operation of a
  496  charter school shall be considered in advance and written into
  497  the charter. The charter shall be signed by the governing board
  498  of the charter school and the sponsor, following a public
  499  hearing to ensure community input.
  500         (a) The charter shall address and criteria for approval of
  501  the charter shall be based on:
  502         1. The school’s mission, the students to be served, and the
  503  ages and grades to be included.
  504         2. The focus of the curriculum, the instructional methods
  505  to be used, any distinctive instructional techniques to be
  506  employed, and identification and acquisition of appropriate
  507  technologies needed to improve educational and administrative
  508  performance which include a means for promoting safe, ethical,
  509  and appropriate uses of technology which comply with legal and
  510  professional standards.
  511         a. The charter shall ensure that reading is a primary focus
  512  of the curriculum and that resources are provided to identify
  513  and provide specialized instruction for students who are reading
  514  below grade level. The curriculum and instructional strategies
  515  for reading must be consistent with the Next Generation Sunshine
  516  State Standards and grounded in scientifically based reading
  517  research. For purposes of determining eligibility for the
  518  research-based reading instruction allocation, the reading
  519  curriculum and instructional strategies specified in the charter
  520  satisfy the research-based reading plan requirement under s.
  521  1011.62(9).
  522         b. In order to provide students with access to diverse
  523  instructional delivery models, to facilitate the integration of
  524  technology within traditional classroom instruction, and to
  525  provide students with the skills they need to compete in the
  526  21st century economy, the Legislature encourages instructional
  527  methods for blended learning courses consisting of both
  528  traditional classroom and online instructional techniques.
  529  Charter schools may implement blended learning courses which
  530  combine traditional classroom instruction and virtual
  531  instruction. Students in a blended learning course must be full
  532  time students of the charter school and receive the online
  533  instruction in a classroom setting at the charter school.
  534  Instructional personnel certified pursuant to s. 1012.55 who
  535  provide virtual instruction for blended learning courses may be
  536  employees of the charter school or may be under contract to
  537  provide instructional services to charter school students. At a
  538  minimum, such instructional personnel must hold an active state
  539  or school district adjunct certification under s. 1012.57 for
  540  the subject area of the blended learning course. The funding and
  541  performance accountability requirements for blended learning
  542  courses are the same as those for traditional courses.
  543         3. The current incoming baseline standard of student
  544  academic achievement, the outcomes to be achieved, and the
  545  method of measurement that will be used. The criteria listed in
  546  this subparagraph shall include a detailed description of:
  547         a. How the baseline student academic achievement levels and
  548  prior rates of academic progress will be established.
  549         b. How these baseline rates will be compared to rates of
  550  academic progress achieved by these same students while
  551  attending the charter school.
  552         c. To the extent possible, how these rates of progress will
  553  be evaluated and compared with rates of progress of other
  554  closely comparable student populations.
  555  
  556  The district school board is required to provide academic
  557  student performance data to charter schools for each of their
  558  students coming from the district school system, as well as
  559  rates of academic progress of comparable student populations in
  560  the district school system.
  561         4. The methods used to identify the educational strengths
  562  and needs of students and how well educational goals and
  563  performance standards are met by students attending the charter
  564  school. The methods shall provide a means for the charter school
  565  to ensure accountability to its constituents by analyzing
  566  student performance data and by evaluating the effectiveness and
  567  efficiency of its major educational programs. Students in
  568  charter schools shall, at a minimum, participate in the
  569  statewide assessment program created under s. 1008.22.
  570         5. In secondary charter schools, a method for determining
  571  that a student has satisfied the requirements for graduation in
  572  s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
  573         6. A method for resolving conflicts between the governing
  574  board of the charter school and the sponsor.
  575         7. The admissions procedures and dismissal procedures,
  576  including the school’s code of student conduct.
  577         8. The ways by which the school will achieve a
  578  racial/ethnic balance reflective of the community it serves or
  579  within the racial/ethnic range of other public schools in the
  580  same school district.
  581         9. The financial and administrative management of the
  582  school, including a reasonable demonstration of the professional
  583  experience or competence of those individuals or organizations
  584  applying to operate the charter school or those hired or
  585  retained to perform such professional services and the
  586  description of clearly delineated responsibilities and the
  587  policies and practices needed to effectively manage the charter
  588  school. A description of internal audit procedures and
  589  establishment of controls to ensure that financial resources are
  590  properly managed must be included. Both public sector and
  591  private sector professional experience shall be equally valid in
  592  such a consideration. The charter must document that the
  593  governing board is independent of any management company or
  594  cooperative and may, at its sole discretion, terminate the
  595  contract with the management company or cooperative at any time.
  596         10. The asset and liability projections required in the
  597  application which are incorporated into the charter and shall be
  598  compared with information provided in the annual report of the
  599  charter school.
  600         11. A description of procedures that identify various risks
  601  and provide for a comprehensive approach to reduce the impact of
  602  losses; plans to ensure the safety and security of students and
  603  staff; plans to identify, minimize, and protect others from
  604  violent or disruptive student behavior; and the manner in which
  605  the school will be insured, including whether or not the school
  606  will be required to have liability insurance, and, if so, the
  607  terms and conditions thereof and the amounts of coverage.
  608         12. The term of the charter which shall provide for
  609  cancellation of the charter if insufficient progress has been
  610  made in attaining the student achievement objectives of the
  611  charter and if it is not likely that such objectives can be
  612  achieved before expiration of the charter. The initial term of
  613  the a charter is either shall be for 4 years or 5 years. In
  614  order to facilitate access to long-term financial resources for
  615  charter school construction, Charter schools that are operated
  616  by a municipality or other public entity, as provided by law, or
  617  a private, not-for-profit corporation granted 501(c)(3) status
  618  by the Internal Revenue Service are eligible for up to a 15-year
  619  charter, subject to approval by the district school board. A
  620  charter lab school is also eligible for a charter for a term of
  621  up to 15 years. In addition, to facilitate access to long-term
  622  financial resources for charter school construction, charter
  623  schools that are operated by a private, not-for-profit, s.
  624  501(c)(3) status corporation are eligible for up to a 15-year
  625  charter, subject to approval by the district school board. Such
  626  long-term charters remain subject to annual review and may be
  627  terminated during the term of the charter, but only according to
  628  the provisions set forth in subsection (8) or paragraph (9)(n).
  629         13. Termination or nonrenewal of the charter pursuant to
  630  subsection (8) or paragraph (9)(n).
  631         14.13. The facilities to be used and their location. The
  632  sponsor shall may not require a charter school to have a
  633  certificate of occupancy or a temporary certificate of occupancy
  634  for such a facility no later than 30 earlier than 15 calendar
  635  days before the first day of school.
  636         15.14. The qualifications to be required of the teachers
  637  and the potential strategies used to recruit, hire, train, and
  638  retain qualified staff to achieve best value.
  639         16.15. The governance structure of the school, including
  640  the status of the charter school as a public or private employer
  641  as required in paragraph (12)(i).
  642         17.16. A timetable for implementing the charter which
  643  addresses the implementation of each element thereof and the
  644  date by which the charter shall be awarded in order to meet this
  645  timetable.
  646         18.17. In the case of an existing public school that is
  647  being converted to charter status, alternative arrangements for
  648  current students who choose not to attend the charter school and
  649  for current teachers who choose not to teach in the charter
  650  school after conversion in accordance with the existing
  651  collective bargaining agreement or district school board rule in
  652  the absence of a collective bargaining agreement. However,
  653  alternative arrangements shall not be required for current
  654  teachers who choose not to teach in a charter lab school, except
  655  as authorized by the employment policies of the state university
  656  which grants the charter to the lab school.
  657         19.18. Full disclosure of the identity of all relatives
  658  employed by the charter school who are related to the charter
  659  school owner, president, chairperson of the governing board of
  660  directors, superintendent, governing board member, principal,
  661  assistant principal, or any other person employed by the charter
  662  school who has equivalent decisionmaking authority. For the
  663  purpose of this subparagraph, the term “relative” means father,
  664  mother, son, daughter, brother, sister, uncle, aunt, first
  665  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  666  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  667  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  668  stepsister, half brother, or half sister.
  669         20.19. Implementation of the activities authorized under s.
  670  1002.331 by the charter school when it satisfies the eligibility
  671  requirements for a high-performing charter school. A high
  672  performing charter school shall notify its sponsor in writing by
  673  March 1 if it intends to increase enrollment or expand grade
  674  levels the following school year. The written notice shall
  675  specify the amount of the enrollment increase and the grade
  676  levels that will be added, as applicable.
  677         (b)1. A charter may be renewed provided that a program
  678  review demonstrates that the criteria in paragraph (a) have been
  679  successfully accomplished and that none of the grounds for
  680  nonrenewal established by paragraph (8)(a) has been documented.
  681  In order to facilitate long-term financing for charter school
  682  construction, Charter schools operating for a minimum of 3 years
  683  and demonstrating exemplary academic programming and fiscal
  684  management are eligible for a 15-year charter renewal. Such
  685  long-term charter is subject to annual review and may be
  686  terminated during the term of the charter.
  687         2. The 15-year charter renewal that may be granted pursuant
  688  to subparagraph 1. shall be granted to a charter school that has
  689  received a school grade of “A” or “B” pursuant to s. 1008.34 in
  690  3 of the past 4 years and is not in a state of financial
  691  emergency or deficit position as defined by this section. Such
  692  long-term charter is subject to annual review and may be
  693  terminated during the term of the charter pursuant to subsection
  694  (8).
  695         (d)1. Each charter school’s governing board must appoint a
  696  representative to facilitate parental involvement, provide
  697  access to information, assist parents and others with questions
  698  and concerns, and resolve disputes. The representative must
  699  reside in the school district in which the charter school is
  700  located and may be a governing board member, charter school
  701  employee, or individual contracted to represent the governing
  702  board. If the governing board oversees multiple charter schools
  703  in the same school district, the governing board must appoint a
  704  separate individual representative for each charter school in
  705  the district. The representative’s contact information must be
  706  provided annually in writing to parents and posted prominently
  707  on the charter school’s website if a website is maintained by
  708  the school. The sponsor may not require that governing board
  709  members reside in the school district in which the charter
  710  school is located if the charter school complies with this
  711  paragraph.
  712         2. Each charter school’s governing board must hold at least
  713  two public meetings per school year in the school district. The
  714  meetings must be noticed, open, and accessible to the public,
  715  and attendees must be provided an opportunity to receive
  716  information and provide input regarding the charter school’s
  717  operations. The appointed representative and charter school
  718  principal or director, or his or her equivalent, must be
  719  physically present at each meeting.
  720         (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.—
  721         (e) When a charter is not renewed or is terminated or when
  722  a charter school is closed voluntarily by the operator, the
  723  school shall be dissolved under the provisions of law under
  724  which the school was organized, and any unencumbered public
  725  funds, except for capital outlay funds and federal charter
  726  school program grant funds, from the charter school shall revert
  727  to the sponsor. Capital outlay funds provided pursuant to s.
  728  1013.62 and federal charter school program grant funds that are
  729  unencumbered shall revert to the department to be redistributed
  730  among eligible charter schools. In the event a charter school is
  731  dissolved or is otherwise terminated, all district school board
  732  property and improvements, furnishings, and equipment purchased
  733  with public funds shall automatically revert to full ownership
  734  by the district school board, subject to complete satisfaction
  735  of any lawful liens or encumbrances. Any unencumbered public
  736  funds from the charter school, district school board property
  737  and improvements, furnishings, and equipment purchased with
  738  public funds, or financial or other records pertaining to the
  739  charter school, in the possession of any person, entity, or
  740  holding company, other than the charter school, shall be held in
  741  trust upon the district school board’s request, until any appeal
  742  status is resolved.
  743         (f) If a charter is not renewed or is terminated or a
  744  charter school is closed voluntarily by the operator, the
  745  charter school is responsible for all debts of the charter
  746  school. The district may not assume the debt from any contract
  747  made between the governing body of the school and a third party,
  748  except for a debt that is previously detailed and agreed upon in
  749  writing by both the district and the governing body of the
  750  school and that may not reasonably be assumed to have been
  751  satisfied by the district.
  752         (g) If a charter is not renewed or is terminated, a student
  753  who attended the school may apply to, and shall be enrolled in,
  754  another public school. Normal application deadlines shall be
  755  disregarded under such circumstances.
  756         (h) The governing board of a charter school that closes
  757  voluntarily shall notify the sponsor and the department in
  758  writing within 7 calendar days of its decision to cease
  759  operations. The notice must state the reasons for the closure
  760  and acknowledge that the governing board agrees to follow the
  761  procedures for dissolution and reversion of public funds
  762  specified in this subsection and paragraph (9)(o).
  763         (i) For a high-performing charter school that is having the
  764  charter agreement renewed, the charter contract, as that
  765  contract exists on the day the term of the contract is to
  766  terminate, must be automatically renewed for the length of the
  767  current term if the charter school governing board and sponsor
  768  have not executed the renewal before the term of the charter
  769  agreement is scheduled to expire.
  770         (9) CHARTER SCHOOL REQUIREMENTS.—
  771         (g)1. In order to provide financial information that is
  772  comparable to that reported for other public schools, charter
  773  schools are to maintain all financial records that constitute
  774  their accounting system:
  775         a. In accordance with the accounts and codes prescribed in
  776  the most recent issuance of the publication titled “Financial
  777  and Program Cost Accounting and Reporting for Florida Schools”;
  778  or
  779         b. At the discretion of the charter school’s governing
  780  board, a charter school may elect to follow generally accepted
  781  accounting standards for not-for-profit organizations, but must
  782  reformat this information for reporting according to this
  783  paragraph.
  784         2. Charter schools shall provide annual financial report
  785  and program cost report information in the state-required
  786  formats for inclusion in district reporting in compliance with
  787  s. 1011.60(1). Charter schools that are operated by a
  788  municipality or are a component unit of a parent nonprofit
  789  organization may use the accounting system of the municipality
  790  or the parent but must reformat this information for reporting
  791  according to this paragraph.
  792         3. A charter school shall, upon execution of the contract,
  793  provide the sponsor with a concise, uniform, monthly financial
  794  statement summary sheet that contains a balance sheet and a
  795  statement of revenue, expenditures, and changes in fund balance.
  796  The balance sheet and the statement of revenue, expenditures,
  797  and changes in fund balance shall be in the governmental funds
  798  format prescribed by the Governmental Accounting Standards
  799  Board. A high-performing charter school pursuant to s. 1002.331
  800  may provide a quarterly financial statement in the same format
  801  and requirements as the uniform monthly financial statement
  802  summary sheet. The sponsor shall review each monthly financial
  803  statement, to identify the existence of any conditions
  804  identified in s. 1002.345 (1)(a).
  805         4. A charter school shall maintain and provide financial
  806  information as required in this paragraph. The financial
  807  statement required in subparagraph 3. must be in a form
  808  prescribed by the Department of Education.
  809         (n)1. The director and a representative of the governing
  810  board of a charter school that has earned a grade of “D” or “F”
  811  pursuant to s. 1008.34 shall appear before the sponsor to
  812  present information concerning each contract component having
  813  noted deficiencies. The director and a representative of the
  814  governing board shall submit to the sponsor for approval a
  815  school improvement plan to raise student performance. Upon
  816  approval by the sponsor, the charter school shall begin
  817  implementation of the school improvement plan. The department
  818  shall offer technical assistance and training to the charter
  819  school and its governing board and establish guidelines for
  820  developing, submitting, and approving such plans.
  821         2.a. If a charter school earns three consecutive grades of
  822  “D,” two consecutive grades of “D” followed by a grade of “F,”
  823  or two nonconsecutive grades of “F” within a 3-year period, the
  824  charter school governing board shall choose one of the following
  825  corrective actions:
  826         (I) Contract for educational services to be provided
  827  directly to students, instructional personnel, and school
  828  administrators, as prescribed in state board rule;
  829         (II) Contract with an outside entity that has a
  830  demonstrated record of effectiveness to operate the school;
  831         (III) Reorganize the school under a new director or
  832  principal who is authorized to hire new staff; or
  833         (IV) Voluntarily close the charter school.
  834         b. The charter school must implement the corrective action
  835  in the school year following receipt of a third consecutive
  836  grade of “D,” a grade of “F” following two consecutive grades of
  837  “D,” or a second nonconsecutive grade of “F” within a 3-year
  838  period.
  839         c. The sponsor may annually waive a corrective action if it
  840  determines that the charter school is likely to improve a letter
  841  grade if additional time is provided to implement the
  842  intervention and support strategies prescribed by the school
  843  improvement plan. Notwithstanding this sub-subparagraph, a
  844  charter school that earns a second consecutive grade of “F” is
  845  subject to subparagraph 4.
  846         d. A charter school is no longer required to implement a
  847  corrective action if it improves by at least one letter grade.
  848  However, the charter school must continue to implement
  849  strategies identified in the school improvement plan. The
  850  sponsor must annually review implementation of the school
  851  improvement plan to monitor the school’s continued improvement
  852  pursuant to subparagraph 5.
  853         e. A charter school implementing a corrective action that
  854  does not improve by at least one letter grade after 2 full
  855  school years of implementing the corrective action must select a
  856  different corrective action. Implementation of the new
  857  corrective action must begin in the school year following the
  858  implementation period of the existing corrective action, unless
  859  the sponsor determines that the charter school is likely to
  860  improve a letter grade if additional time is provided to
  861  implement the existing corrective action. Notwithstanding this
  862  sub-subparagraph, a charter school that earns a second
  863  consecutive grade of “F” while implementing a corrective action
  864  is subject to subparagraph 4.
  865         3. A charter school with a grade of “D” or “F” that
  866  improves by at least one letter grade must continue to implement
  867  the strategies identified in the school improvement plan. The
  868  sponsor must annually review implementation of the school
  869  improvement plan to monitor the school’s continued improvement
  870  pursuant to subparagraph 5.
  871         4. A charter school’s charter is automatically terminated
  872  if the school earns two consecutive grades of “F” after all
  873  school grade appeals are final The sponsor shall terminate a
  874  charter if the charter school earns two consecutive grades of
  875  “F” unless:
  876         a. The charter school is established to turn around the
  877  performance of a district public school pursuant to s.
  878  1008.33(4)(b)3. Such charter schools shall be governed by s.
  879  1008.33;
  880         b. The charter school serves a student population the
  881  majority of which resides in a school zone served by a district
  882  public school that earned a grade of “F” in the year before the
  883  charter school opened and the charter school earns at least a
  884  grade of “D” in its third year of operation. The exception
  885  provided under this sub-subparagraph does not apply to a charter
  886  school in its fourth year of operation and thereafter; or
  887         c. The state board grants the charter school a waiver of
  888  termination. The charter school must request the waiver within
  889  15 days after the department’s official release of school
  890  grades. The state board may waive termination if the charter
  891  school demonstrates that the Learning Gains of its students on
  892  statewide assessments are comparable to or better than the
  893  Learning Gains of similarly situated students enrolled in nearby
  894  district public schools. The waiver is valid for 1 year and may
  895  only be granted once. Charter schools that have been in
  896  operation for more than 5 years are not eligible for a waiver
  897  under this sub-subparagraph.
  898  
  899  The sponsor shall notify in writing the charter school’s
  900  governing board, the charter school principal, and the
  901  department when a charter is terminated under this subparagraph.
  902  A charter terminated under this subparagraph is governed by the
  903  requirements of paragraphs (8)(e)-(g) and paragraph (o) of this
  904  subsection.
  905         5. The director and a representative of the governing board
  906  of a graded charter school that has implemented a school
  907  improvement plan under this paragraph shall appear before the
  908  sponsor at least once a year to present information regarding
  909  the progress of intervention and support strategies implemented
  910  by the school pursuant to the school improvement plan and
  911  corrective actions, if applicable. The sponsor shall communicate
  912  at the meeting, and in writing to the director, the services
  913  provided to the school to help the school address its
  914  deficiencies.
  915         6. Notwithstanding any provision of this paragraph except
  916  sub-subparagraphs 4.a.-c., the sponsor may terminate the charter
  917  at any time pursuant to subsection (8).
  918         (p)1. Each charter school shall maintain a website that
  919  enables the public to obtain information regarding the school;
  920  the school’s academic performance; the names of the governing
  921  board members; the programs at the school; any management
  922  companies, cooperatives, service providers, or education
  923  management corporations associated with the school; the school’s
  924  annual budget and its annual independent fiscal audit; the
  925  school’s grade pursuant to s. 1008.34; and, on a quarterly
  926  basis, the minutes of governing board meetings.
  927         2. Each charter school’s governing board shall appoint a
  928  representative to facilitate parental involvement, provide
  929  access to information, assist parents and others with questions
  930  and concerns, and resolve disputes. The representative must
  931  reside in the school district in which the charter school is
  932  located and may be a governing board member, charter school
  933  employee, or individual contracted to represent the governing
  934  board. If the governing board oversees multiple charter schools
  935  in the same school district, the governing board must appoint a
  936  separate individual representative for each charter school in
  937  the district. The representative’s contact information must be
  938  provided annually, in writing, to parents and posted prominently
  939  on the charter school’s website. The sponsor may not require
  940  that governing board members reside in the school district in
  941  which the charter school is located if the charter school
  942  complies with this paragraph.
  943         3. Each charter school’s governing board must hold at least
  944  two public meetings per school year in the school district where
  945  the charter school is located. The meetings must be noticed,
  946  open, and accessible to the public, and attendees must be
  947  provided an opportunity to receive information and provide input
  948  regarding the charter school’s operations. The appointed
  949  representative and charter school principal or director, or his
  950  or her equivalent, must be physically present at each meeting.
  951         (10) ELIGIBLE STUDENTS.—
  952         (a) A charter school shall be open to any student covered
  953  in an interdistrict agreement or residing in the school district
  954  in which the charter school is located; however, in the case of
  955  a charter lab school, the charter lab school shall be open to
  956  any student eligible to attend the lab school as provided in s.
  957  1002.32 or who resides in the school district in which the
  958  charter lab school is located. A charter school with space
  959  available must be open to any student in the state, pursuant to
  960  s. 1002.31(2). Any eligible student shall be allowed
  961  interdistrict transfer to attend a charter school when based on
  962  good cause. Good cause shall include, but is not limited to,
  963  geographic proximity to a charter school in a neighboring school
  964  district.
  965         (17) FUNDING.—Students enrolled in a charter school,
  966  regardless of the sponsorship, shall be funded as if they are in
  967  a basic program or a special program, the same as students
  968  enrolled in other public schools in the school district. Funding
  969  for a charter lab school shall be as provided in s. 1002.32.
  970         (b) The basis for the agreement for funding students
  971  enrolled in a charter school shall be the sum of the school
  972  district’s operating funds from the Florida Education Finance
  973  Program as provided in s. 1011.62 and the General Appropriations
  974  Act, including gross state and local funds, discretionary
  975  lottery funds, and funds from the school district’s current
  976  operating discretionary millage levy; divided by total funded
  977  weighted full-time equivalent students in the school district;
  978  multiplied by the weighted full-time equivalent students for the
  979  charter school. Charter schools whose students or programs meet
  980  the eligibility criteria in law are entitled to their
  981  proportionate share of categorical program funds included in the
  982  total funds available in the Florida Education Finance Program
  983  by the Legislature, including transportation, the research-based
  984  reading allocation, and the Florida digital classrooms
  985  allocation. Total funding for each charter school shall be
  986  recalculated during the year to reflect the revised calculations
  987  under the Florida Education Finance Program by the state and the
  988  actual weighted full-time equivalent students reported by the
  989  charter school during the full-time equivalent student survey
  990  periods designated by the Commissioner of Education.
  991         (e) District school boards shall make timely and efficient
  992  payment and reimbursement to charter schools, including
  993  processing paperwork required to access special state and
  994  federal funding for which they may be eligible. The district
  995  school board may distribute funds to a charter school for up to
  996  3 months based on the projected full-time equivalent student
  997  membership of the charter school. Thereafter, the results of
  998  full-time equivalent student membership surveys shall be used in
  999  adjusting the amount of funds distributed monthly to the charter
 1000  school for the remainder of the fiscal year. The payment shall
 1001  be issued no later than 10 working days after the district
 1002  school board receives a distribution of state or federal funds.
 1003  If a warrant for payment is not issued within 10 working days
 1004  after receipt of funding by the district school board, the
 1005  school district shall pay to the charter school, in addition to
 1006  the amount of the scheduled disbursement, interest at a rate of
 1007  1 percent per month calculated on a daily basis on the unpaid
 1008  balance from the expiration of the 10 working days until such
 1009  time as the warrant is issued. The district school board may not
 1010  delay payment to a charter school of any portion of the funds
 1011  provided in paragraph (b) based on the timing of receipt of
 1012  local funds by the district school board.
 1013         (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.—
 1014         (a) The Department of Education shall provide information
 1015  to the public, directly and through sponsors, on how to form and
 1016  operate a charter school and how to enroll in a charter school
 1017  once it is created. This information shall include a standard
 1018  model application form, standard charter contract, standard
 1019  application evaluation instrument, and standard charter renewal
 1020  contract, which shall include the information specified in
 1021  subsection (7) and shall be developed by consulting and
 1022  negotiating with both school districts and charter schools
 1023  before implementation. The charter and charter renewal contracts
 1024  shall be used by charter school sponsors.
 1025         (26) STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.—
 1026         (c) An employee of the charter school, or his or her
 1027  spouse, or an employee of a management company, cooperative, or
 1028  charter management organization, or his or her spouse, may not
 1029  be a member of the governing board of the charter school.
 1030         (27) CONFLICTS OF INTEREST AND ETHICS.—An individual may
 1031  not serve as a member of a governing board of a charter school,
 1032  an education management corporation, or charter school
 1033  cooperative organization if he or she or an immediate family
 1034  member receives a pension or any compensation from the charter
 1035  school, or if the individual’s partner is an owner or principal
 1036  with an entity or independent contractor with whom the charter
 1037  school does business or contracts, directly or indirectly, for
 1038  professional services, goods, or facilities. An individual may
 1039  not serve as a governing board member if an immediate family
 1040  member is an employee of the school. Members of the governing
 1041  board of a charter school may not be appointed, removed, or
 1042  replaced by an entity or component unit of an entity, which the
 1043  charter school has entered into any contract with.
 1044         Section 4. Paragraph (e) of subsection (2), paragraph (b)
 1045  of subsection (3), and subsection (5) of section 1002.331,
 1046  Florida Statutes, are amended to read:
 1047         1002.331 High-performing charter schools.—
 1048         (2) A high-performing charter school is authorized to:
 1049         (e) Receive a modification of its charter to a term of 15
 1050  years or a 15-year charter renewal. The charter may be modified
 1051  or renewed for a shorter term at the option of the high
 1052  performing charter school. The charter must be consistent with
 1053  s. 1002.33(7)(a)20. s. 1002.33(7)(a)19. and (10)(h) and (i), is
 1054  subject to annual review by the sponsor, and may be terminated
 1055  during its term pursuant to s. 1002.33(8).
 1056  
 1057  A high-performing charter school shall notify its sponsor in
 1058  writing by March 1 if it intends to increase enrollment or
 1059  expand grade levels the following school year. The written
 1060  notice shall specify the amount of the enrollment increase and
 1061  the grade levels that will be added, as applicable. If a charter
 1062  school notifies the sponsor of its intent to expand, the sponsor
 1063  shall modify the charter within 90 days to include the new
 1064  enrollment maximum and may not make any other changes. The
 1065  sponsor may deny a request to increase the enrollment of a high
 1066  performing charter school if the commissioner has declassified
 1067  the charter school as high-performing. If a high-performing
 1068  charter school requests to consolidate multiple charters, the
 1069  sponsor shall have 40 days after receipt of that request to
 1070  provide an initial draft charter to the charter school. The
 1071  sponsor and charter school shall have 50 days thereafter to
 1072  negotiate and notice the charter contract for final approval by
 1073  the sponsor.
 1074         (3)
 1075         (b) A high-performing charter school may not establish more
 1076  than one charter school within the state under paragraph (a) in
 1077  any year. A subsequent application to establish a charter school
 1078  under paragraph (a) may not be submitted unless each charter
 1079  school established in this manner achieves high-performing
 1080  charter school status. The limits set forth in this paragraph do
 1081  not apply to charter schools established by a high-performing
 1082  charter school in the attendance zone of a school identified as
 1083  in need of intervention and support pursuant to s. 1008.33(3)(b)
 1084  or to meet needs for innovative choice options identified by the
 1085  district school board.
 1086         (5) The Commissioner of Education, upon request by a
 1087  charter school, shall verify that the charter school meets the
 1088  criteria in subsection (1) and provide a letter to the charter
 1089  school and the sponsor stating that the charter school is a
 1090  high-performing charter school pursuant to this section. The
 1091  commissioner shall annually determine whether a high-performing
 1092  charter school under subsection (1) continues to meet the
 1093  criteria in that subsection. Such high-performing charter school
 1094  shall maintain its high-performing status unless the
 1095  commissioner determines that the charter school no longer meets
 1096  the criteria in subsection (1), at which time the commissioner
 1097  shall send a letter to the charter school and its sponsor
 1098  providing notification that the charter school has been
 1099  declassified of its declassification as a high-performing
 1100  charter school.
 1101         Section 5. Present subsection (2) of section 1002.332,
 1102  Florida Statutes, is redesignated as subsection (3), and a new
 1103  subsection (2) is added to that section, to read:
 1104         1002.332 High-performing charter school system.—
 1105         (2) An entity that successfully operates a system of
 1106  charter schools outside the state may apply to the State Board
 1107  of Education for status as a high-performing charter school
 1108  system. The state board shall adopt rules prescribing a process
 1109  for determining whether the entity meets the requirements of
 1110  this subsection by reviewing student demographic and performance
 1111  data and fiscal accountability of all schools operated by the
 1112  entity. To the extent practicable, the state board shall develop
 1113  a rubric for the approval of such entities which aligns with the
 1114  priorities of the federal Charter Schools Program Grants for
 1115  Replication and Expansion of High-Quality Charter Schools in the
 1116  Federal Register, Volume 76, No. 133. An entity classified as a
 1117  high-performing charter school system pursuant to this
 1118  subsection may submit an application in the same manner as
 1119  specified in s. 1002.331(3) to establish and operate a new
 1120  charter school in this state. For the first 3 school years of
 1121  operation, each charter school established by such an entity
 1122  shall receive a reduction in administrative fees as authorized
 1123  under s. 1002.33(20)(a)3.
 1124         Section 6. Paragraph (c) of subsection (1) of section
 1125  1002.451, Florida Statutes, is amended to read:
 1126         1002.451 District innovation school of technology program.—
 1127         (1) DISTRICT INNOVATION SCHOOL OF TECHNOLOGY.—
 1128         (c) An innovation school of technology must be open to any
 1129  student covered in an interdistrict agreement or residing in the
 1130  school district in which the innovation school of technology is
 1131  located. An innovation school of technology shall enroll an
 1132  eligible student who submits a timely application if the number
 1133  of applications does not exceed the capacity of a program,
 1134  class, grade level, or building. If the number of applications
 1135  exceeds capacity, all applicants shall have an equal chance of
 1136  being admitted through a public random selection process.
 1137  However, a district may give enrollment preference to students
 1138  who identify the innovation school of technology as the
 1139  student’s preferred choice pursuant to the district’s public
 1140  school parental choice controlled open enrollment plan.
 1141         Section 7. Section 1003.3101, Florida Statutes, is created
 1142  to read:
 1143         1003.3101Additional school choice options.—Each district
 1144  school board shall establish a transfer process for a parent to
 1145  request his or her child be transferred to another classroom
 1146  teacher. A school must grant or deny the transfer within 2 weeks
 1147  after receiving a request. If a request for transfer is denied,
 1148  the school shall notify the parent and specify the reasons for a
 1149  denial. An explanation of the transfer process must be made
 1150  available in the student handbook or a similar publication.
 1151         Section 8. Section 1003.5711, Florida Statutes, is created
 1152  to read:
 1153         1003.5711Instruction for students receiving hospitalized
 1154  program services.—
 1155         (1)A public school student in prekindergarten through
 1156  grade 12 who is deemed eligible for hospitalized program
 1157  services in this state is considered a student with a
 1158  disability.
 1159         (a) If the student has an individual education plan (IEP),
 1160  the IEP must be followed, but upon request of the student’s
 1161  parent, the IEP may be modified to accommodate the student’s use
 1162  of hospitalized program services in a children’s hospital
 1163  pursuant to this section.
 1164         (b) The student’s IEP may be modified to reduce the
 1165  student’s course load to core courses identified in s.
 1166  1002.20(19)(a). The student may be excused or exempted from
 1167  physical education classes or instruction based on the IEP or
 1168  orders from the student’s medical doctor. The student’s IEP may
 1169  allow the student to receive instruction beyond the normal
 1170  school hours, school day, or school year of the school district.
 1171         (2) A student who is admitted to a children’s hospital for
 1172  hospitalized program services must continue to receive
 1173  educational instruction.
 1174         (a) If a student is expected to be absent from school and
 1175  admitted to the children’s hospital for hospitalized program
 1176  services for at least 15 consecutive days, no later than the
 1177  fifth day of the student’s hospital stay, the school district in
 1178  which the student is or was most recently enrolled may choose to
 1179  provide a certified teacher to the children’s hospital to
 1180  provide instruction to the student. If that school district
 1181  declines to provide a certified teacher, the school district in
 1182  which the children’s hospital is located must provide a
 1183  certified teacher to provide the student with instruction, or
 1184  must partner with the Florida Virtual School for instructional
 1185  services as authorized in this section. Such school district
 1186  shall also provide the student’s instructional materials and
 1187  other necessary educational support and services identified in
 1188  the IEP.
 1189         (b) A student in prekindergarten through grade 6 shall be
 1190  taught in person by the certified teacher. A student in grades 7
 1191  through 12 shall be taught in person by the certified teacher,
 1192  or the student may choose to utilize instruction from the
 1193  Florida Virtual School. If the Florida Virtual School is used by
 1194  any student, at least one certified teacher from the Florida
 1195  Virtual School must be present at the hospital to assist with
 1196  online learning.
 1197         (3) If a school district other than the one in which the
 1198  student was previously enrolled provides the hospitalized
 1199  program services, the Department of Education must transfer the
 1200  funds from the school district in which the student was
 1201  previously enrolled to the school district in which the
 1202  children’s hospital providing hospitalized program services is
 1203  located. This transfer shall occur no later than each subsequent
 1204  quarterly FEFP payment.
 1205         (4) The children’s hospital providing the hospitalized
 1206  program services is responsible for providing adequate
 1207  educational space for each student, but is not required to
 1208  comply with chapter 1013. The hospital and applicable school
 1209  district must enter into an agreement to implement this section.
 1210  The agreement may be student-specific or address all students as
 1211  necessary.
 1212         (5) The intent of this section is to supplement existing
 1213  laws, rules, and regulations concerning hospitalized students
 1214  that use hospitalized program services at a children’s hospital.
 1215         Section 9. Section 1004.6491, Florida Statutes, is created
 1216  to read:
 1217         1004.6491Florida Institute for Charter School Innovation.—
 1218         (1) There is established the Florida Institute for Charter
 1219  School Innovation within the Florida State University. The
 1220  purpose of the institute is to advance charter school
 1221  accountability, quality, and innovation; provide support and
 1222  technical assistance to charter school applicants; connect
 1223  aspiring teachers to opportunities to experience teaching in
 1224  schools of choice; and conduct research and develop and promote
 1225  best practices for charter school authorization, financing,
 1226  management, operations, and instructional practices.
 1227         (2) The institute shall:
 1228         (a) Conduct research to inform both policy and practice
 1229  related to charter school accountability, financing, management,
 1230  operations, and instructional practices.
 1231         (b) Partner with state-approved teacher preparation
 1232  programs in this state to provide opportunities for aspiring
 1233  teachers to experience teaching in schools of choice.
 1234         (c) Provide technical assistance and support to charter
 1235  school applicants with innovative charter school concepts.
 1236         (3) The President of the Florida State University shall
 1237  appoint a director of the institute. The director is responsible
 1238  for overall management of the institute and for developing and
 1239  executing the work of the institute consistent with this
 1240  section. The director may engage individuals in other state
 1241  universities with accredited colleges of education to
 1242  participate in the institute.
 1243         (4) By each October 1, the institute shall provide a
 1244  written report to the Governor, the President of the Senate, and
 1245  the Speaker of the House of Representatives which outlines its
 1246  activities in the preceding year, reports significant research
 1247  findings, details expenditures of state funds, and provides
 1248  specific recommendations for improving the institute’s ability
 1249  to fulfil its mission and for changes to statewide charter
 1250  school policy.
 1251         (5) Within 180 days after completion of the institute’s
 1252  fiscal year, the institute shall provide to the Auditor General,
 1253  the Board of Governors of the State University System, and the
 1254  State Board of Education a report on the results of an annual
 1255  financial audit conducted by an independent certified public
 1256  accountant in accordance with s. 11.45.
 1257         Section 10. Paragraphs (c), (d), and (e) of subsection (3)
 1258  of section 1006.15, Florida Statutes, are amended to read:
 1259         1006.15 Student standards for participation in
 1260  interscholastic and intrascholastic extracurricular student
 1261  activities; regulation.—
 1262         (3)
 1263         (c) An individual home education student is eligible to
 1264  participate at the public school to which the student would be
 1265  assigned according to district school board attendance area
 1266  policies or which the student could choose to attend pursuant to
 1267  public school parental choice district or interdistrict
 1268  controlled open enrollment provisions, or may develop an
 1269  agreement to participate at a private school, in the
 1270  interscholastic extracurricular activities of that school,
 1271  provided the following conditions are met:
 1272         1. The home education student must meet the requirements of
 1273  the home education program pursuant to s. 1002.41.
 1274         2. During the period of participation at a school, the home
 1275  education student must demonstrate educational progress as
 1276  required in paragraph (b) in all subjects taken in the home
 1277  education program by a method of evaluation agreed upon by the
 1278  parent and the school principal which may include: review of the
 1279  student’s work by a certified teacher chosen by the parent;
 1280  grades earned through correspondence; grades earned in courses
 1281  taken at a Florida College System institution, university, or
 1282  trade school; standardized test scores above the 35th
 1283  percentile; or any other method designated in s. 1002.41.
 1284         3. The home education student must meet the same residency
 1285  requirements as other students in the school at which he or she
 1286  participates.
 1287         4. The home education student must meet the same standards
 1288  of acceptance, behavior, and performance as required of other
 1289  students in extracurricular activities.
 1290         5. The student must register with the school his or her
 1291  intent to participate in interscholastic extracurricular
 1292  activities as a representative of the school before the
 1293  beginning date of the season for the activity in which he or she
 1294  wishes to participate. A home education student must be able to
 1295  participate in curricular activities if that is a requirement
 1296  for an extracurricular activity.
 1297         6. A student who transfers from a home education program to
 1298  a public school before or during the first grading period of the
 1299  school year is academically eligible to participate in
 1300  interscholastic extracurricular activities during the first
 1301  grading period provided the student has a successful evaluation
 1302  from the previous school year, pursuant to subparagraph 2.
 1303         7. Any public school or private school student who has been
 1304  unable to maintain academic eligibility for participation in
 1305  interscholastic extracurricular activities is ineligible to
 1306  participate in such activities as a home education student until
 1307  the student has successfully completed one grading period in
 1308  home education pursuant to subparagraph 2. to become eligible to
 1309  participate as a home education student.
 1310         (d) An individual charter school student pursuant to s.
 1311  1002.33 is eligible to participate at the public school to which
 1312  the student would be assigned according to district school board
 1313  attendance area policies or which the student could choose to
 1314  attend, pursuant to district or interdistrict public school
 1315  parental choice controlled open-enrollment provisions, in any
 1316  interscholastic extracurricular activity of that school, unless
 1317  such activity is provided by the student’s charter school, if
 1318  the following conditions are met:
 1319         1. The charter school student must meet the requirements of
 1320  the charter school education program as determined by the
 1321  charter school governing board.
 1322         2. During the period of participation at a school, the
 1323  charter school student must demonstrate educational progress as
 1324  required in paragraph (b).
 1325         3. The charter school student must meet the same residency
 1326  requirements as other students in the school at which he or she
 1327  participates.
 1328         4. The charter school student must meet the same standards
 1329  of acceptance, behavior, and performance that are required of
 1330  other students in extracurricular activities.
 1331         5. The charter school student must register with the school
 1332  his or her intent to participate in interscholastic
 1333  extracurricular activities as a representative of the school
 1334  before the beginning date of the season for the activity in
 1335  which he or she wishes to participate. A charter school student
 1336  must be able to participate in curricular activities if that is
 1337  a requirement for an extracurricular activity.
 1338         6. A student who transfers from a charter school program to
 1339  a traditional public school before or during the first grading
 1340  period of the school year is academically eligible to
 1341  participate in interscholastic extracurricular activities during
 1342  the first grading period if the student has a successful
 1343  evaluation from the previous school year, pursuant to
 1344  subparagraph 2.
 1345         7. Any public school or private school student who has been
 1346  unable to maintain academic eligibility for participation in
 1347  interscholastic extracurricular activities is ineligible to
 1348  participate in such activities as a charter school student until
 1349  the student has successfully completed one grading period in a
 1350  charter school pursuant to subparagraph 2. to become eligible to
 1351  participate as a charter school student.
 1352         (e) A student of the Florida Virtual School full-time
 1353  program may participate in any interscholastic extracurricular
 1354  activity at the public school to which the student would be
 1355  assigned according to district school board attendance area
 1356  policies or which the student could choose to attend, pursuant
 1357  to district or interdistrict public school parental choice
 1358  controlled open enrollment policies, if the student:
 1359         1. During the period of participation in the
 1360  interscholastic extracurricular activity, meets the requirements
 1361  in paragraph (a).
 1362         2. Meets any additional requirements as determined by the
 1363  board of trustees of the Florida Virtual School.
 1364         3. Meets the same residency requirements as other students
 1365  in the school at which he or she participates.
 1366         4. Meets the same standards of acceptance, behavior, and
 1367  performance that are required of other students in
 1368  extracurricular activities.
 1369         5. Registers his or her intent to participate in
 1370  interscholastic extracurricular activities with the school
 1371  before the beginning date of the season for the activity in
 1372  which he or she wishes to participate. A Florida Virtual School
 1373  student must be able to participate in curricular activities if
 1374  that is a requirement for an extracurricular activity.
 1375         Section 11. Subsection (1) of section 1011.61, Florida
 1376  Statutes, is amended to read:
 1377         1011.61 Definitions.—Notwithstanding the provisions of s.
 1378  1000.21, the following terms are defined as follows for the
 1379  purposes of the Florida Education Finance Program:
 1380         (1) A “full-time equivalent student” in each program of the
 1381  district is defined in terms of full-time students and part-time
 1382  students as follows:
 1383         (a) A “full-time student” is one student on the membership
 1384  roll of one school program or a combination of school programs
 1385  listed in s. 1011.62(1)(c) for the school year or the equivalent
 1386  for:
 1387         1. Instruction in a standard school, comprising not less
 1388  than 900 net hours for a student in or at the grade level of 4
 1389  through 12, or not less than 720 net hours for a student in or
 1390  at the grade level of kindergarten through grade 3 or in an
 1391  authorized prekindergarten exceptional program;
 1392         2. Instruction in an alternative charter school that is
 1393  operating with two or more instructional sessions per day,
 1394  comprising not less than the equivalent of 810 net hours per
 1395  session and using instructional calendars that may extend beyond
 1396  180 days, as authorized in the charter contract that is approved
 1397  by the district school board;
 1398         3. Instruction in a double-session school or a school
 1399  utilizing an experimental school calendar approved by the
 1400  Department of Education, comprising not less than the equivalent
 1401  of 810 net hours in grades 4 through 12 or not less than 630 net
 1402  hours in kindergarten through grade 3; or
 1403         4.3. Instruction comprising the appropriate number of net
 1404  hours set forth in subparagraph 1. or subparagraph 2. for
 1405  students who, within the past year, have moved with their
 1406  parents for the purpose of engaging in the farm labor or fish
 1407  industries, if a plan furnishing such an extended school day or
 1408  week, or a combination thereof, has been approved by the
 1409  commissioner. Such plan may be approved to accommodate the needs
 1410  of migrant students only or may serve all students in schools
 1411  having a high percentage of migrant students. The plan described
 1412  in this subparagraph is optional for any school district and is
 1413  not mandated by the state.
 1414         (b) A “part-time student” is a student on the active
 1415  membership roll of a school program or combination of school
 1416  programs listed in s. 1011.62(1)(c) who is less than a full-time
 1417  student.
 1418         (c)1. A “full-time equivalent student” is:
 1419         a. A full-time student in any one of the programs listed in
 1420  s. 1011.62(1)(c); or
 1421         b. A combination of full-time or part-time students in any
 1422  one of the programs listed in s. 1011.62(1)(c) which is the
 1423  equivalent of one full-time student based on the following
 1424  calculations:
 1425         (I) A full-time student in a combination of programs listed
 1426  in s. 1011.62(1)(c) shall be a fraction of a full-time
 1427  equivalent membership in each special program equal to the
 1428  number of net hours per school year for which he or she is a
 1429  member, divided by the appropriate number of hours set forth in
 1430  subparagraph (a)1. or subparagraph (a)2. The difference between
 1431  that fraction or sum of fractions and the maximum value as set
 1432  forth in subsection (4) for each full-time student is presumed
 1433  to be the balance of the student’s time not spent in a special
 1434  program and shall be recorded as time in the appropriate basic
 1435  program.
 1436         (II) A prekindergarten student with a disability shall meet
 1437  the requirements specified for kindergarten students.
 1438         (III) A full-time equivalent student for students in
 1439  kindergarten through grade 12 in a full-time virtual instruction
 1440  program under s. 1002.45 or a virtual charter school under s.
 1441  1002.33 shall consist of six full-credit completions or the
 1442  prescribed level of content that counts toward promotion to the
 1443  next grade in programs listed in s. 1011.62(1)(c). Credit
 1444  completions may be a combination of full-credit courses or half
 1445  credit courses. Beginning in the 2016-2017 fiscal year, the
 1446  reported full-time equivalent students and associated funding of
 1447  students enrolled in courses requiring passage of an end-of
 1448  course assessment under s. 1003.4282 to earn a standard high
 1449  school diploma shall be adjusted if the student does not pass
 1450  the end-of-course assessment. However, no adjustment shall be
 1451  made for a student who enrolls in a segmented remedial course
 1452  delivered online.
 1453         (IV) A full-time equivalent student for students in
 1454  kindergarten through grade 12 in a part-time virtual instruction
 1455  program under s. 1002.45 shall consist of six full-credit
 1456  completions in programs listed in s. 1011.62(1)(c)1. and 3.
 1457  Credit completions may be a combination of full-credit courses
 1458  or half-credit courses. Beginning in the 2016-2017 fiscal year,
 1459  the reported full-time equivalent students and associated
 1460  funding of students enrolled in courses requiring passage of an
 1461  end-of-course assessment under s. 1003.4282 to earn a standard
 1462  high school diploma shall be adjusted if the student does not
 1463  pass the end-of-course assessment. However, no adjustment shall
 1464  be made for a student who enrolls in a segmented remedial course
 1465  delivered online.
 1466         (V) A Florida Virtual School full-time equivalent student
 1467  shall consist of six full-credit completions or the prescribed
 1468  level of content that counts toward promotion to the next grade
 1469  in the programs listed in s. 1011.62(1)(c)1. and 3. for students
 1470  participating in kindergarten through grade 12 part-time virtual
 1471  instruction and the programs listed in s. 1011.62(1)(c) for
 1472  students participating in kindergarten through grade 12 full
 1473  time virtual instruction. Credit completions may be a
 1474  combination of full-credit courses or half-credit courses.
 1475  Beginning in the 2016-2017 fiscal year, the reported full-time
 1476  equivalent students and associated funding of students enrolled
 1477  in courses requiring passage of an end-of-course assessment
 1478  under s. 1003.4282 to earn a standard high school diploma shall
 1479  be adjusted if the student does not pass the end-of-course
 1480  assessment. However, no adjustment shall be made for a student
 1481  who enrolls in a segmented remedial course delivered online.
 1482         (VI) Each successfully completed full-credit course earned
 1483  through an online course delivered by a district other than the
 1484  one in which the student resides shall be calculated as 1/6 FTE.
 1485         (VII) A full-time equivalent student for courses requiring
 1486  passage of a statewide, standardized end-of-course assessment
 1487  under s. 1003.4282 to earn a standard high school diploma shall
 1488  be defined and reported based on the number of instructional
 1489  hours as provided in this subsection until the 2016-2017 fiscal
 1490  year. Beginning in the 2016-2017 fiscal year, the FTE for the
 1491  course shall be assessment-based and shall be equal to 1/6 FTE.
 1492  The reported FTE shall be adjusted if the student does not pass
 1493  the end-of-course assessment. However, no adjustment shall be
 1494  made for a student who enrolls in a segmented remedial course
 1495  delivered online.
 1496         (VIII) For students enrolled in a school district as a
 1497  full-time student, the district may report 1/6 FTE for each
 1498  student who passes a statewide, standardized end-of-course
 1499  assessment without being enrolled in the corresponding course.
 1500         2. A student in membership in a program scheduled for more
 1501  or less than 180 school days or the equivalent on an hourly
 1502  basis as specified by rules of the State Board of Education is a
 1503  fraction of a full-time equivalent membership equal to the
 1504  number of instructional hours in membership divided by the
 1505  appropriate number of hours set forth in subparagraph (a)1.;
 1506  however, for the purposes of this subparagraph, membership in
 1507  programs scheduled for more than 180 days is limited to students
 1508  enrolled in:
 1509         a. Juvenile justice education programs.
 1510         b. The Florida Virtual School.
 1511         c. Virtual instruction programs and virtual charter schools
 1512  for the purpose of course completion and credit recovery
 1513  pursuant to ss. 1002.45 and 1003.498. Course completion applies
 1514  only to a student who is reported during the second or third
 1515  membership surveys and who does not complete a virtual education
 1516  course by the end of the regular school year. The course must be
 1517  completed no later than the deadline for amending the final
 1518  student enrollment survey for that year. Credit recovery applies
 1519  only to a student who has unsuccessfully completed a traditional
 1520  or virtual education course during the regular school year and
 1521  must re-take the course in order to be eligible to graduate with
 1522  the student’s class.
 1523  
 1524  The full-time equivalent student enrollment calculated under
 1525  this subsection is subject to the requirements in subsection
 1526  (4).
 1527  
 1528  The department shall determine and implement an equitable method
 1529  of equivalent funding for experimental schools and for schools
 1530  operating under emergency conditions, which schools have been
 1531  approved by the department to operate for less than the minimum
 1532  school day.
 1533         Section 12. Section 1011.6202, Florida Statutes, is created
 1534  to read:
 1535         1011.6202 Charter School District Pilot Program.—The
 1536  Charter School District Pilot Program is created within the
 1537  Department of Education. The purpose of the pilot program is to
 1538  provide the principal of a participating school with increased
 1539  autonomy and authority to operate his or her school in a way
 1540  that produces significant improvements in student achievement
 1541  and school management while complying with constitutional
 1542  requirements. The State Board of Education may, upon approval of
 1543  a charter proposal, enter into a performance contract with up to
 1544  six district school boards to establish such districts as
 1545  charter school districts.
 1546         (1) CHARTER SCHOOL DISTRICT.—A charter school district is a
 1547  school district in the state that has submitted, and the state
 1548  board has approved, a charter proposal that exchanges statutory
 1549  and rule exemption for an agreement to meet performance goals
 1550  established in the charter proposal. A charter school district
 1551  shall be chartered for 3 years. At the end of the 3 years, the
 1552  performance of all participating schools in the charter school
 1553  district shall be evaluated.
 1554         (2) CHARTER PROPOSAL.—
 1555         (a) The proposal to become a charter school district must:
 1556         1. Identify three middle or high schools whose principals
 1557  will have fiscal and administrative autonomy.
 1558         2. Describe the current financial and administrative
 1559  management of each participating school; identify the areas in
 1560  which each school principal will have increased fiscal and
 1561  administrative autonomy, including the authority and
 1562  responsibilities provided in s. 1012.28(8); and identify the
 1563  areas in which each participating school will continue to follow
 1564  district school board fiscal and administrative policies.
 1565         3. Explain the methods used to identify the educational
 1566  strengths and needs of the participating school’s students and
 1567  identify how student achievement can be improved.
 1568         4. Establish performance goals for student achievement, as
 1569  defined in s. 1008.34(1), and explain how increased principal
 1570  autonomy will help participating schools improve student
 1571  achievement and school management.
 1572         5. Provide each participating school’s mission and a
 1573  description of its student population.
 1574         (b) The state board shall establish criteria, which must
 1575  include the criteria listed in paragraph (a), for the approval
 1576  of a school district charter proposal.
 1577         (c) A school district must submit the charter proposal to
 1578  the state board for approval by December 1 in order to begin
 1579  participation in the subsequent school year. By February 28 of
 1580  the school year in which the proposal is submitted, the state
 1581  board shall notify the district school board in writing whether
 1582  the charter proposal has been approved.
 1583         (3) EXEMPTION FROM LAWS.—
 1584         (a) With the exception of those laws listed in paragraph
 1585  (b), a charter school district is exempt from the provisions in
 1586  chapters 1000-1013, including s. 1001.42(4)(f), relating to the
 1587  opening date for schools, and rules of the state board that
 1588  implement these exempt provisions.
 1589         (b) A charter school district shall comply with the
 1590  provisions in chapters 1000-1013, and rules of the state board
 1591  that implement these provisions, pertaining to the following:
 1592         1. Those laws relating to the election of district school
 1593  board members, public meetings and public records requirements,
 1594  financial disclosure, and conflicts of interest.
 1595         2. Those laws relating to the student assessment program
 1596  and school grading system, including chapter 1008.
 1597         3. Those laws relating to the provision of services to
 1598  students with disabilities.
 1599         4. Those laws relating to civil rights, including s.
 1600  1000.05, relating to discrimination.
 1601         5. Those laws relating to student health, safety, and
 1602  welfare.
 1603         6. Those laws relating to the election and compensation of
 1604  district school board members and the election or appointment
 1605  and compensation of district school superintendents.
 1606         7. Section 1003.03, governing maximum class size, except
 1607  that the calculation for compliance pursuant to s. 1003.03 is
 1608  the average at the school level.
 1609         8. Sections 1012.22(1)(c) and 1012.27(2), relating to
 1610  compensation and salary schedules.
 1611         9. Section 1012.33(5), relating to workforce reductions for
 1612  annual contracts for instructional personnel. This subparagraph
 1613  does not apply to at-will employees.
 1614         10. Section 1012.335, relating to annual contracts for
 1615  instructional personnel hired on or after July 1, 2011. This
 1616  subparagraph does not apply to at-will employees.
 1617         11. Section 1012.34, relating to personnel evaluation
 1618  procedures and criteria.
 1619         12. Those laws pertaining to educational facilities,
 1620  including chapter 1013, except that s. 1013.20, relating to
 1621  covered walkways for relocatables, and s. 1013.21, relating to
 1622  the use of relocatable facilities exceeding 20 years of age, are
 1623  eligible for exemption.
 1624         13. Those laws pertaining to charter school districts,
 1625  including this section.
 1626         (4) PROFESSIONAL DEVELOPMENT.—Each charter school district
 1627  shall require the principal of each participating school to
 1628  complete the professional development provided through the
 1629  William Cecil Golden Professional Development Program for School
 1630  Leaders under s. 1012.986. The professional development must be
 1631  completed before a school may participate in the Charter School
 1632  District Pilot Program.
 1633         (5) TERM OF CHARTER.—The state board shall authorize a
 1634  charter school district’s charter for a period of 3 years
 1635  commencing with award of the charter. The charter may be renewed
 1636  upon action of the state board. The state board may revoke a
 1637  charter if the charter school district fails to meet the
 1638  requirements of this section during the 3-year period.
 1639         (6) REPORTING.—Each charter school district shall submit an
 1640  annual report to the state board. The state board shall annually
 1641  report on the implementation of the Charter School District
 1642  Pilot Program. Upon completion of the program’s first 3-year
 1643  term, the Commissioner of Education shall submit to the
 1644  President of the Senate and the Speaker of the House of
 1645  Representatives by December 1 a full evaluation of the
 1646  effectiveness of the program.
 1647         (7) RULEMAKING.—The State Board of Education shall adopt
 1648  rules to administer this section.
 1649         Section 13. Subsection (2) of section 1011.69, Florida
 1650  Statutes, is amended to read:
 1651         1011.69 Equity in School-Level Funding Act.—
 1652         (2) Beginning in the 2003-2004 fiscal year, district school
 1653  boards shall allocate to schools within the district an average
 1654  of 90 percent of the funds generated by all schools and
 1655  guarantee that each school receives at least 80 percent, except
 1656  schools participating in the Charter School District Pilot
 1657  Program under s. 1011.6202 are guaranteed to receive at least 90
 1658  percent, of the funds generated by that school based upon the
 1659  Florida Education Finance Program as provided in s. 1011.62 and
 1660  the General Appropriations Act, including gross state and local
 1661  funds, discretionary lottery funds, and funds from the school
 1662  district’s current operating discretionary millage levy. Total
 1663  funding for each school shall be recalculated during the year to
 1664  reflect the revised calculations under the Florida Education
 1665  Finance Program by the state and the actual weighted full-time
 1666  equivalent students reported by the school during the full-time
 1667  equivalent student survey periods designated by the Commissioner
 1668  of Education. If the district school board is providing programs
 1669  or services to students funded by federal funds, any eligible
 1670  students enrolled in the schools in the district shall be
 1671  provided federal funds.
 1672         Section 14. Subsection (8) is added to section 1012.28,
 1673  Florida Statutes, to read:
 1674         1012.28 Public school personnel; duties of school
 1675  principals.—
 1676         (8) The principal of a participating school in a charter
 1677  school district approved under s. 1011.6202 has the following
 1678  additional authority and responsibilities:
 1679         (a) In addition to the authority provided in subsection
 1680  (6), the authority to select qualified instructional personnel
 1681  for placement or to refuse to accept the placement or transfer
 1682  of instructional personnel by the district school
 1683  superintendent. Placement of instructional personnel at a
 1684  participating school in a charter school district does not
 1685  affect the employee’s status as a school district employee.
 1686         (b) The authority to deploy financial resources to school
 1687  programs at the principal’s discretion to help improve student
 1688  achievement, as defined in s. 1008.34(1), and meet performance
 1689  goals identified in the charter proposal submitted pursuant to
 1690  s. 1011.6202.
 1691         (c) To annually provide to the district school
 1692  superintendent and the district school board a budget for the
 1693  operation of the participating school that identifies how funds
 1694  provided pursuant to s. 1011.69(2) are allocated. The school
 1695  district shall include the budget in the annual report provided
 1696  to the State Board of Education pursuant to s. 1011.6202(6).
 1697         Section 15. Subsection (2) of section 1012.42, Florida
 1698  Statutes, is amended to read:
 1699         1012.42 Teacher teaching out-of-field.—
 1700         (2) NOTIFICATION REQUIREMENTS.—When a teacher in a district
 1701  school system is assigned teaching duties in a class dealing
 1702  with subject matter that is outside the field in which the
 1703  teacher is certified, outside the field that was the applicant’s
 1704  minor field of study, or outside the field in which the
 1705  applicant has demonstrated sufficient subject area expertise, as
 1706  determined by district school board policy in the subject area
 1707  to be taught, the parents of all students in the class shall be
 1708  notified in writing of such assignment. A parent that receives
 1709  this notification may, after the October student membership
 1710  survey, request that his or her child be transferred to another
 1711  classroom teacher within the school and grade in which the child
 1712  is currently enrolled. A school must grant or deny the transfer
 1713  within 2 weeks after receiving a request. If a request for
 1714  transfer is denied, the school shall notify the parent and
 1715  specify the reasons for a denial. An explanation of the transfer
 1716  process must be made available in the student handbook or a
 1717  similar publication. This does not provide a parent the right to
 1718  choose a specific teacher.
 1719         Section 16. Paragraph (e) is added to subsection (1) of
 1720  section 1012.986, Florida Statutes, to read:
 1721         1012.986 William Cecil Golden Professional Development
 1722  Program for School Leaders.—
 1723         (1) There is established the William Cecil Golden
 1724  Professional Development Program for School Leaders to provide
 1725  high standards and sustained support for principals as
 1726  instructional leaders. The program shall consist of a
 1727  collaborative network of state and national professional
 1728  leadership organizations to respond to instructional leadership
 1729  needs throughout the state. The network shall support the human
 1730  resource development needs of principals, principal leadership
 1731  teams, and candidates for principal leadership positions using
 1732  the framework of leadership standards adopted by the State Board
 1733  of Education, the Southern Regional Education Board, and the
 1734  National Staff Development Council. The goal of the network
 1735  leadership program is to:
 1736         (e) For principals of schools participating in the Charter
 1737  School District Pilot Program under s. 1011.6202, provide
 1738  training on the following:
 1739         1. Managing instructional personnel, including developing a
 1740  high-performing instructional leadership team.
 1741         2. Public school budgeting, financial management, and human
 1742  resources policies and procedures.
 1743         3. Best practices for the effective exercise of increased
 1744  budgetary and staffing flexibility to improve student
 1745  achievement and operational efficiency.
 1746         Section 17. Paragraph (a) of subsection (1) of section
 1747  1013.62, Florida Statutes, is amended to read:
 1748         1013.62 Charter schools capital outlay funding.—
 1749         (1) In each year in which funds are appropriated for
 1750  charter school capital outlay purposes, the Commissioner of
 1751  Education shall allocate the funds among eligible charter
 1752  schools.
 1753         (a) To be eligible for a funding allocation, a charter
 1754  school must:
 1755         1.a. Have been in operation for 3 or more years;
 1756         b. Be governed by a governing board established in the
 1757  state for 3 or more years which operates both charter schools
 1758  and conversion charter schools within the state;
 1759         c. Be an expanded feeder chain of a charter school within
 1760  the same school district that is currently receiving charter
 1761  school capital outlay funds;
 1762         d. Have been accredited by the Commission on Schools of the
 1763  Southern Association of Colleges and Schools; or
 1764         e. Serve students in facilities that are provided by a
 1765  business partner for a charter school-in-the-workplace pursuant
 1766  to s. 1002.33(15)(b).
 1767         2. Have an annual audit that does not reveal any of the
 1768  financial emergency conditions provided in s. 218.503(1) for the
 1769  most recent fiscal year for which such audit results are
 1770  available stability for future operation as a charter school.
 1771         3. Have satisfactory student achievement based on state
 1772  accountability standards applicable to the charter school.
 1773         4. Have received final approval from its sponsor pursuant
 1774  to s. 1002.33 for operation during that fiscal year.
 1775         5. Serve students in facilities that are not provided by
 1776  the charter school’s sponsor.
 1777         Section 18. Notwithstanding any other provision of law,
 1778  student reporting requirements related to withdrawals,
 1779  suspensions, expulsions, and other related instances where
 1780  students are no longer enrolled in a school, must be the same
 1781  for public schools, including charter schools. Thus, charter
 1782  school reporting requirements for these instances apply to all
 1783  public schools, and public school reporting requirements apply
 1784  to all charter schools.
 1785         Section 19. This act shall take effect July 1, 2015.