Florida Senate - 2016                              CS for SB 830
       
       
        
       By the Committee on Education Pre-K - 12; and Senator Stargel
       
       581-02938-16                                           2016830c1
    1                        A bill to be entitled                      
    2         An act relating to school choice; amending s. 1002.33,
    3         F.S.; making technical changes relating to
    4         requirements for the creation of a virtual charter
    5         school; conforming cross-references; specifying that a
    6         sponsor may not require a charter school to adopt the
    7         sponsor’s reading plan and that charter schools are
    8         eligible for the research-based reading allocation if
    9         certain criteria are met; revising required contents
   10         of charter school applications; conforming provisions
   11         regarding the appeal process for denial of a high
   12         performing charter school application; requiring an
   13         applicant to provide the sponsor with a copy of an
   14         appeal to an application denial; authorizing a charter
   15         school to defer the opening of its operations for up
   16         to a specified time; requiring the charter school to
   17         provide written notice to certain entities by a
   18         specified date; revising provisions relating to long
   19         term charters and charter terminations; specifying
   20         notice requirements for voluntary closure of a charter
   21         school; deleting a requirement that students in a
   22         blended learning course receive certain instruction in
   23         a classroom setting; providing that a student may not
   24         be dismissed from a charter school based on his or her
   25         academic performance; requiring a charter school
   26         applicant to provide monthly financial statements
   27         before opening; requiring a sponsor to review each
   28         financial statement of a charter school to identify
   29         the existence of certain conditions; providing for the
   30         automatic termination of a charter contract if certain
   31         conditions are met; requiring a sponsor to notify
   32         certain parties when a charter contract is terminated
   33         for specific reasons; authorizing governing board
   34         members to hold a certain number of public meetings
   35         and participate in such meetings in person or through
   36         communications media technology; revising charter
   37         school student eligibility requirements; revising
   38         requirements for payments to charter schools; allowing
   39         for the use of certain surpluses and assets by
   40         specific entities for certain educational purposes;
   41         providing for an injunction under certain
   42         circumstances; establishing the administrative fee
   43         that a sponsor may withhold for charter schools
   44         operating in a critical need area; providing an
   45         exemption from certain administrative fees; amending
   46         s. 1002.331, F.S.; providing an exemption from the
   47         replication limitations for a high-performing charter
   48         school; conforming a cross-reference; deleting
   49         obsolete provisions; providing deadlines for a high
   50         performing charter contract renewal; providing for an
   51         appeal to an administrative law judge under certain
   52         circumstances; creating s. 1002.333, F.S.; providing
   53         definitions; establishing a High Impact Charter
   54         Network status for charter school operators serving
   55         educationally disadvantaged students; defining
   56         eligibility criteria; authorizing charter operators
   57         holding the High Impact Charter Network status to
   58         submit applications for charter schools in certain
   59         areas; exempting certain charter schools from
   60         specified fees; requiring the department to give
   61         priority to certain charter schools applying for
   62         specified grants; prohibiting the use of certain
   63         school grades when determining areas of critical need;
   64         providing for rulemaking; amending s. 1002.37, F.S.;
   65         revising the calculation of “full-time equivalent
   66         student”; conforming a cross-reference; amending s.
   67         1002.45, F.S.; conforming a cross-reference; deleting
   68         a provision related to educational funding for
   69         students enrolled in certain virtual education
   70         courses; revising conditions for termination of a
   71         virtual instruction provider’s contract; repealing s.
   72         1002.455, F.S., relating to student eligibility for K
   73         12 virtual instruction; amending s. 1003.4295, F.S.;
   74         revising the purpose of the Credit Acceleration
   75         Program; requiring students to earn passing scores on
   76         specified assessments and examinations to earn course
   77         credit; amending s. 1003.498, F.S.; deleting a
   78         requirement that students in a blended learning course
   79         must receive certain instruction in a classroom
   80         setting; conforming a cross-reference; amending s.
   81         1011.61, F.S.; revising the definition of “full-time
   82         equivalent student”; amending s. 1011.62, F.S.;
   83         conforming a cross-reference; amending s. 1012.56,
   84         F.S.; authorizing a charter school to develop and
   85         operate a professional development certification and
   86         education competency program; amending s. 1013.62,
   87         F.S.; revising eligibility requirements for charter
   88         school capital outlay funding; revising charter school
   89         funding allocations; providing an effective date.
   90          
   91  Be It Enacted by the Legislature of the State of Florida:
   92  
   93         Section 1. Subsection (1), paragraph (a) of subsection (2),
   94  paragraphs (a) and (b) of subsection (6), paragraphs (a) and (d)
   95  of subsection (7), paragraphs (g), (n), and (p) of subsection
   96  (9), paragraphs (a) and (d) of subsection (10), subsection (13),
   97  paragraphs (b) and (e) of subsection (17), paragraph (a) of
   98  subsection (18), and paragraph (a) of subsection (20) of section
   99  1002.33, Florida Statutes, are amended to read:
  100         1002.33 Charter schools.—
  101         (1) AUTHORIZATION.—Charter schools shall be part of the
  102  state’s program of public education. All charter schools in
  103  Florida are public schools. A charter school may be formed by
  104  creating a new school or converting an existing public school to
  105  charter status. A charter school may operate a virtual charter
  106  school pursuant to s. 1002.45(1)(d) to provide full-time online
  107  instruction to eligible students, pursuant to s. 1002.455, in
  108  kindergarten through grade 12. An existing A charter school that
  109  is seeking to become a virtual charter school must amend its
  110  charter or submit a new application pursuant to subsection (6)
  111  to become a virtual charter school. A virtual charter school is
  112  subject to the requirements of this section; however, a virtual
  113  charter school is exempt from subsections (18) and (19),
  114  subparagraphs (20)(a)2., 4., 5., and 7., paragraph (20)(c), and
  115  s. 1003.03. A public school may not use the term charter in its
  116  name unless it has been approved under this section.
  117         (2) GUIDING PRINCIPLES; PURPOSE.—
  118         (a) Charter schools in Florida shall be guided by the
  119  following principles:
  120         1. Meet high standards of student achievement while
  121  providing parents flexibility to choose among diverse
  122  educational opportunities within the state’s public school
  123  system.
  124         2. Promote enhanced academic success and financial
  125  efficiency by aligning responsibility with accountability.
  126         3. Provide parents with sufficient information on whether
  127  their child is reading at grade level and whether the child
  128  gains at least a year’s worth of learning for every year spent
  129  in the charter school. For a student who exhibits a substantial
  130  deficiency in reading, as determined by the charter school, the
  131  school shall notify the parent of the deficiency, the intensive
  132  interventions and supports used, and the student’s progress in
  133  accordance with s. 1008.25(5).
  134         (6) APPLICATION PROCESS AND REVIEW.—Charter school
  135  applications are subject to the following requirements:
  136         (a) A person or entity seeking wishing to open a charter
  137  school shall prepare and submit an application on a model
  138  application form prepared by the Department of Education which:
  139         1. Demonstrates how the school will use the guiding
  140  principles and meet the statutorily defined purpose of a charter
  141  school.
  142         2. Provides a detailed curriculum plan that illustrates how
  143  students will be provided services to attain the Sunshine State
  144  Standards.
  145         3. Contains goals and objectives for improving student
  146  learning and measuring that improvement. These goals and
  147  objectives must indicate how much academic improvement students
  148  are expected to show each year, how success will be evaluated,
  149  and the specific results to be attained through instruction.
  150         4. Describes the reading curriculum and differentiated
  151  strategies that will be used for students reading at grade level
  152  or higher and a separate curriculum and strategies for students
  153  who are reading below grade level. A sponsor shall deny an
  154  application a charter if the school does not propose a reading
  155  curriculum that is evidence-based and includes explicit,
  156  systematic, and multisensory reading instructional strategies;
  157  however, a sponsor may not require the charter school to
  158  implement the reading plan adopted by the school district
  159  pursuant to s. 1011.62(9) consistent with effective teaching
  160  strategies that are grounded in scientifically based reading
  161  research.
  162         5. Contains an annual financial plan for each year
  163  requested by the charter for operation of the school for up to 5
  164  years. This plan must contain anticipated fund balances based on
  165  revenue projections, a spending plan based on projected revenues
  166  and expenses, and a description of controls that will safeguard
  167  finances and projected enrollment trends.
  168         6.Discloses the name of each applicant, governing board
  169  member, and all proposed education services providers; the name
  170  and sponsor of any charter school operated by each applicant,
  171  each governing board member, and each proposed education
  172  services provider that has closed and the reasons for the
  173  closure; and the academic and financial history of such charter
  174  schools, which the sponsor shall consider in deciding whether to
  175  approve or deny the application.
  176         7.6. Contains additional information a sponsor may require,
  177  which shall be attached as an addendum to the charter school
  178  application described in this paragraph.
  179         8.7. For the establishment of a virtual charter school,
  180  documents that the applicant has contracted with a provider of
  181  virtual instruction services pursuant to s. 1002.45(1)(d).
  182         (b) A sponsor shall receive and review all applications for
  183  a charter school using the an evaluation instrument developed by
  184  the Department of Education. A sponsor shall receive and
  185  consider charter school applications received on or before
  186  August 1 of each calendar year for charter schools to be opened
  187  at the beginning of the school district’s next school year, or
  188  to be opened at a time agreed to by the applicant and the
  189  sponsor. A sponsor may not refuse to receive a charter school
  190  application submitted before August 1 and may receive an
  191  application submitted later than August 1 if it chooses. In
  192  order to facilitate greater collaboration in the application
  193  process, an applicant may submit a draft charter school
  194  application on or before May 1 with an application fee of $500.
  195  If a draft application is timely submitted, the sponsor shall
  196  review and provide feedback as to material deficiencies in the
  197  application by July 1. The applicant shall then have until
  198  August 1 to resubmit a revised and final application. The
  199  sponsor may approve the draft application. Except as provided
  200  for a draft application, a sponsor may not charge an applicant
  201  for a charter any fee for the processing or consideration of an
  202  application, and a sponsor may not base its consideration or
  203  approval of a final application upon the promise of future
  204  payment of any kind. Before approving or denying any final
  205  application, the sponsor shall allow the applicant, upon receipt
  206  of written notification, at least 7 calendar days to make
  207  technical or nonsubstantive corrections and clarifications,
  208  including, but not limited to, corrections of grammatical,
  209  typographical, and like errors or missing signatures, if such
  210  errors are identified by the sponsor as cause to deny the final
  211  application.
  212         1. In order to facilitate an accurate budget projection
  213  process, a sponsor shall be held harmless for FTE students who
  214  are not included in the FTE projection due to approval of
  215  charter school applications after the FTE projection deadline.
  216  In a further effort to facilitate an accurate budget projection,
  217  within 15 calendar days after receipt of a charter school
  218  application, a sponsor shall report to the Department of
  219  Education the name of the applicant entity, the proposed charter
  220  school location, and its projected FTE.
  221         2. In order to ensure fiscal responsibility, an application
  222  for a charter school shall include a full accounting of expected
  223  assets, a projection of expected sources and amounts of income,
  224  including income derived from projected student enrollments and
  225  from community support, and an expense projection that includes
  226  full accounting of the costs of operation, including start-up
  227  costs.
  228         3.a. A sponsor shall by a majority vote approve or deny an
  229  application no later than 60 calendar days after the application
  230  is received, unless the sponsor and the applicant mutually agree
  231  in writing to temporarily postpone the vote to a specific date,
  232  at which time the sponsor shall by a majority vote approve or
  233  deny the application. If the sponsor fails to act on the
  234  application, an applicant may appeal to the State Board of
  235  Education as provided in paragraph (c). If an application is
  236  denied, the sponsor shall, within 10 calendar days after such
  237  denial, articulate in writing the specific reasons, based upon
  238  good cause, supporting its denial of the charter application and
  239  shall provide the letter of denial and supporting documentation
  240  to the applicant and to the Department of Education.
  241         b. An application submitted by a high-performing charter
  242  school identified pursuant to s. 1002.331 may be denied by the
  243  sponsor only if the sponsor demonstrates by clear and convincing
  244  evidence that:
  245         (I) The application does not materially comply with the
  246  requirements in paragraph (a);
  247         (II) The charter school proposed in the application does
  248  not materially comply with the requirements in paragraphs
  249  (9)(a)-(f);
  250         (III) The proposed charter school’s educational program
  251  does not substantially replicate that of the applicant or one of
  252  the applicant’s high-performing charter schools;
  253         (IV) The applicant has made a material misrepresentation or
  254  false statement or concealed an essential or material fact
  255  during the application process; or
  256         (V) The proposed charter school’s educational program and
  257  financial management practices do not materially comply with the
  258  requirements of this section.
  259  
  260  Material noncompliance is a failure to follow requirements or a
  261  violation of prohibitions applicable to charter school
  262  applications, which failure is quantitatively or qualitatively
  263  significant either individually or when aggregated with other
  264  noncompliance. An applicant is considered to be replicating a
  265  high-performing charter school if the proposed school is
  266  substantially similar to at least one of the applicant’s high
  267  performing charter schools and the organization or individuals
  268  involved in the establishment and operation of the proposed
  269  school are significantly involved in the operation of replicated
  270  schools.
  271         c. If the sponsor denies an application submitted by a
  272  high-performing charter school, the sponsor must, within 10
  273  calendar days after such denial, state in writing the specific
  274  reasons, based upon the criteria in sub-subparagraph b.,
  275  supporting its denial of the application and must provide the
  276  letter of denial and supporting documentation to the applicant
  277  and to the Department of Education. The applicant may appeal the
  278  sponsor’s denial of the application directly to the State Board
  279  of Education and, if an appeal is filed, must provide a copy of
  280  the appeal to the sponsor pursuant to paragraph (c) sub
  281  subparagraph (c)3.b.
  282         4. For budget projection purposes, the sponsor shall report
  283  to the Department of Education the approval or denial of an a
  284  charter application within 10 calendar days after such approval
  285  or denial. In the event of approval, the report to the
  286  Department of Education shall include the final projected FTE
  287  for the approved charter school.
  288         5. Upon approval of an a charter application, the initial
  289  startup shall commence with the beginning of the public school
  290  calendar for the district in which the charter is granted. A
  291  charter school may defer the opening of the school’s operations
  292  for up to 2 years to provide time for adequate facility
  293  planning. The charter school must provide written notice of such
  294  intent to the sponsor and the parents of enrolled students at
  295  least 30 calendar days before the first day of school unless the
  296  sponsor allows a waiver of this subparagraph for good cause.
  297         (7) CHARTER.—The major issues involving the operation of a
  298  charter school shall be considered in advance and written into
  299  the charter. The charter shall be signed by the governing board
  300  of the charter school and the sponsor, following a public
  301  hearing to ensure community input.
  302         (a) The charter shall address and criteria for approval of
  303  the charter shall be based on:
  304         1. The school’s mission, the students to be served, and the
  305  ages and grades to be included.
  306         2. The focus of the curriculum, the instructional methods
  307  to be used, any distinctive instructional techniques to be
  308  employed, and identification and acquisition of appropriate
  309  technologies needed to improve educational and administrative
  310  performance which include a means for promoting safe, ethical,
  311  and appropriate uses of technology which comply with legal and
  312  professional standards.
  313         a. The charter shall ensure that reading is a primary focus
  314  of the curriculum and that resources are provided to identify
  315  and provide specialized instruction for students who are reading
  316  below grade level. The curriculum and instructional strategies
  317  for reading must be consistent with the Next Generation Sunshine
  318  State Standards and evidence-based grounded in scientifically
  319  based reading research.
  320         b. In order to provide students with access to diverse
  321  instructional delivery models, to facilitate the integration of
  322  technology within traditional classroom instruction, and to
  323  provide students with the skills they need to compete in the
  324  21st century economy, the Legislature encourages instructional
  325  methods for blended learning courses consisting of both
  326  traditional classroom and online instructional techniques.
  327  Charter schools may implement blended learning courses which
  328  combine traditional classroom instruction and virtual
  329  instruction. Students in a blended learning course must be full
  330  time students of the charter school pursuant to s.
  331  1011.61(1)(a)1. and receive the online instruction in a
  332  classroom setting at the charter school. Instructional personnel
  333  certified pursuant to s. 1012.55 who provide virtual instruction
  334  for blended learning courses may be employees of the charter
  335  school or may be under contract to provide instructional
  336  services to charter school students. At a minimum, such
  337  instructional personnel must hold an active state or school
  338  district adjunct certification under s. 1012.57 for the subject
  339  area of the blended learning course. The funding and performance
  340  accountability requirements for blended learning courses are the
  341  same as those for traditional courses.
  342         3. The current incoming baseline standard of student
  343  academic achievement, the outcomes to be achieved, and the
  344  method of measurement that will be used. The criteria listed in
  345  this subparagraph shall include a detailed description of:
  346         a. How the baseline student academic achievement levels and
  347  prior rates of academic progress will be established.
  348         b. How these baseline rates will be compared to rates of
  349  academic progress achieved by these same students while
  350  attending the charter school.
  351         c. To the extent possible, how these rates of progress will
  352  be evaluated and compared with rates of progress of other
  353  closely comparable student populations.
  354  
  355  The district school board is required to provide academic
  356  student performance data to charter schools for each of their
  357  students coming from the district school system, as well as
  358  rates of academic progress of comparable student populations in
  359  the district school system.
  360         4. The methods used to identify the educational strengths
  361  and needs of students and how well educational goals and
  362  performance standards are met by students attending the charter
  363  school. The methods shall provide a means for the charter school
  364  to ensure accountability to its constituents by analyzing
  365  student performance data and by evaluating the effectiveness and
  366  efficiency of its major educational programs. Students in
  367  charter schools shall, at a minimum, participate in the
  368  statewide assessment program created under s. 1008.22.
  369         5. In secondary charter schools, a method for determining
  370  that a student has satisfied the requirements for graduation in
  371  s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
  372         6. A method for resolving conflicts between the governing
  373  board of the charter school and the sponsor.
  374         7. The admissions procedures and dismissal procedures,
  375  including the school’s code of student conduct. Admission or
  376  dismissal must not be based on a student’s academic performance.
  377         8. The ways by which the school will achieve a
  378  racial/ethnic balance reflective of the community it serves or
  379  within the racial/ethnic range of other public schools in the
  380  same school district.
  381         9. The financial and administrative management of the
  382  school, including a reasonable demonstration of the professional
  383  experience or competence of those individuals or organizations
  384  applying to operate the charter school or those hired or
  385  retained to perform such professional services and the
  386  description of clearly delineated responsibilities and the
  387  policies and practices needed to effectively manage the charter
  388  school. A description of internal audit procedures and
  389  establishment of controls to ensure that financial resources are
  390  properly managed must be included. Both public sector and
  391  private sector professional experience shall be equally valid in
  392  such a consideration.
  393         10. The asset and liability projections required in the
  394  application which are incorporated into the charter and shall be
  395  compared with information provided in the annual report of the
  396  charter school.
  397         11. A description of procedures that identify various risks
  398  and provide for a comprehensive approach to reduce the impact of
  399  losses; plans to ensure the safety and security of students and
  400  staff; plans to identify, minimize, and protect others from
  401  violent or disruptive student behavior; and the manner in which
  402  the school will be insured, including whether or not the school
  403  will be required to have liability insurance, and, if so, the
  404  terms and conditions thereof and the amounts of coverage.
  405         12. The term of the charter which shall provide for
  406  cancellation of the charter if insufficient progress has been
  407  made in attaining the student achievement objectives of the
  408  charter and if it is not likely that such objectives can be
  409  achieved before expiration of the charter. The initial term of a
  410  charter shall be for 4 or 5 years. In order to facilitate access
  411  to long-term financial resources for charter school
  412  construction, charter schools that are operated by a
  413  municipality or other public entity as provided by law are
  414  eligible for up to a 15-year charter, subject to approval by the
  415  district school board. A charter lab school is eligible for a
  416  charter for a term of up to 15 years. In addition, to facilitate
  417  access to long-term financial resources for charter school
  418  construction, charter schools that are operated by a private,
  419  not-for-profit, s. 501(c)(3) status corporation are eligible for
  420  up to a 15-year charter, subject to approval by the district
  421  school board. Such long-term charters remain subject to annual
  422  review and may be terminated during the term of the charter, but
  423  only according to the provisions set forth in subsection (8).
  424         13. The facilities to be used and their location. The
  425  sponsor may not require a charter school to have a certificate
  426  of occupancy or a temporary certificate of occupancy for such a
  427  facility earlier than 15 calendar days before the first day of
  428  school.
  429         14. The qualifications to be required of the teachers and
  430  the potential strategies used to recruit, hire, train, and
  431  retain qualified staff to achieve best value.
  432         15. The governance structure of the school, including the
  433  status of the charter school as a public or private employer as
  434  required in paragraph (12)(i).
  435         16. A timetable for implementing the charter which
  436  addresses the implementation of each element thereof and the
  437  date by which the charter shall be awarded in order to meet this
  438  timetable.
  439         17. In the case of an existing public school that is being
  440  converted to charter status, alternative arrangements for
  441  current students who choose not to attend the charter school and
  442  for current teachers who choose not to teach in the charter
  443  school after conversion in accordance with the existing
  444  collective bargaining agreement or district school board rule in
  445  the absence of a collective bargaining agreement. However,
  446  alternative arrangements shall not be required for current
  447  teachers who choose not to teach in a charter lab school, except
  448  as authorized by the employment policies of the state university
  449  which grants the charter to the lab school.
  450         18. Full disclosure of the identity of all relatives
  451  employed by the charter school who are related to the charter
  452  school owner, president, chairperson of the governing board of
  453  directors, superintendent, governing board member, principal,
  454  assistant principal, or any other person employed by the charter
  455  school who has equivalent decisionmaking authority. For the
  456  purpose of this subparagraph, the term “relative” means father,
  457  mother, son, daughter, brother, sister, uncle, aunt, first
  458  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  459  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  460  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  461  stepsister, half brother, or half sister.
  462         19. Implementation of the activities authorized under s.
  463  1002.331 by the charter school when it satisfies the eligibility
  464  requirements for a high-performing charter school. A high
  465  performing charter school shall notify its sponsor in writing by
  466  March 1 if it intends to increase enrollment or expand grade
  467  levels the following school year. The written notice shall
  468  specify the amount of the enrollment increase and the grade
  469  levels that will be added, as applicable.
  470         (d)1.A charter may be terminated by a charter school’s
  471  governing board through voluntary closure. The decision to cease
  472  operations must be determined at a public meeting. The governing
  473  board shall notify the parents and sponsor of the public meeting
  474  in writing before the public meeting. The governing board must
  475  notify the sponsor, parents of enrolled students, and the
  476  department in writing within 24 hours after the public meeting
  477  of its determination. The notice shall state the charter
  478  school’s intent to continue operations or the reason for the
  479  closure and acknowledge that the governing board agrees to
  480  follow the procedures for dissolution and reversion of public
  481  funds pursuant to paragraphs (8)(e)-(g) and (9)(o) Each charter
  482  school’s governing board must appoint a representative to
  483  facilitate parental involvement, provide access to information,
  484  assist parents and others with questions and concerns, and
  485  resolve disputes. The representative must reside in the school
  486  district in which the charter school is located and may be a
  487  governing board member, charter school employee, or individual
  488  contracted to represent the governing board. If the governing
  489  board oversees multiple charter schools in the same school
  490  district, the governing board must appoint a separate individual
  491  representative for each charter school in the district. The
  492  representative’s contact information must be provided annually
  493  in writing to parents and posted prominently on the charter
  494  school’s website if a website is maintained by the school. The
  495  sponsor may not require that governing board members reside in
  496  the school district in which the charter school is located if
  497  the charter school complies with this paragraph.
  498         2.Each charter school’s governing board must hold at least
  499  two public meetings per school year in the school district. The
  500  meetings must be noticed, open, and accessible to the public,
  501  and attendees must be provided an opportunity to receive
  502  information and provide input regarding the charter school’s
  503  operations. The appointed representative and charter school
  504  principal or director, or his or her equivalent, must be
  505  physically present at each meeting.
  506         (9) CHARTER SCHOOL REQUIREMENTS.—
  507         (g)1. In order to provide financial information that is
  508  comparable to that reported for other public schools, charter
  509  schools are to maintain all financial records that constitute
  510  their accounting system:
  511         a. In accordance with the accounts and codes prescribed in
  512  the most recent issuance of the publication titled “Financial
  513  and Program Cost Accounting and Reporting for Florida Schools”;
  514  or
  515         b. At the discretion of the charter school’s governing
  516  board, a charter school may elect to follow generally accepted
  517  accounting standards for not-for-profit organizations, but must
  518  reformat this information for reporting according to this
  519  paragraph.
  520         2. Charter schools shall provide annual financial report
  521  and program cost report information in the state-required
  522  formats for inclusion in district reporting in compliance with
  523  s. 1011.60(1). Charter schools that are operated by a
  524  municipality or are a component unit of a parent nonprofit
  525  organization may use the accounting system of the municipality
  526  or the parent but must reformat this information for reporting
  527  according to this paragraph.
  528         3. A charter school shall, upon approval of the charter
  529  contract, provide the sponsor with a concise, uniform, monthly
  530  financial statement summary sheet that contains a balance sheet
  531  and a statement of revenue, expenditures, and changes in fund
  532  balance. The balance sheet and the statement of revenue,
  533  expenditures, and changes in fund balance shall be in the
  534  governmental funds format prescribed by the Governmental
  535  Accounting Standards Board. A high-performing charter school
  536  pursuant to s. 1002.331 may provide a quarterly financial
  537  statement in the same format and requirements as the uniform
  538  monthly financial statement summary sheet. The sponsor shall
  539  review each monthly or quarterly financial statement to identify
  540  the existence of any conditions identified in s. 1002.345(1)(a).
  541         4. A charter school shall maintain and provide financial
  542  information as required in this paragraph. The financial
  543  statement required in subparagraph 3. must be in a form
  544  prescribed by the Department of Education.
  545         (n)1. The director and a representative of the governing
  546  board of a charter school that has earned a grade of “D” or “F”
  547  pursuant to s. 1008.34 shall appear before the sponsor to
  548  present information concerning each contract component having
  549  noted deficiencies. The director and a representative of the
  550  governing board shall submit to the sponsor for approval a
  551  school improvement plan to raise student performance. Upon
  552  approval by the sponsor, the charter school shall begin
  553  implementation of the school improvement plan. The department
  554  shall offer technical assistance and training to the charter
  555  school and its governing board and establish guidelines for
  556  developing, submitting, and approving such plans.
  557         2.a. If a charter school earns three consecutive grades of
  558  “D,” two consecutive grades of “D” followed by a grade of “F,”
  559  or two nonconsecutive grades of “F” within a 3-year period, the
  560  charter school governing board shall choose one of the following
  561  corrective actions:
  562         (I) Contract for educational services to be provided
  563  directly to students, instructional personnel, and school
  564  administrators, as prescribed in state board rule;
  565         (II) Contract with an outside entity that has a
  566  demonstrated record of effectiveness to operate the school;
  567         (III) Reorganize the school under a new director or
  568  principal who is authorized to hire new staff; or
  569         (IV) Voluntarily close the charter school.
  570         b. The charter school must implement the corrective action
  571  in the school year following receipt of a third consecutive
  572  grade of “D,” a grade of “F” following two consecutive grades of
  573  “D,” or a second nonconsecutive grade of “F” within a 3-year
  574  period.
  575         c. The sponsor may annually waive a corrective action if it
  576  determines that the charter school is likely to improve a letter
  577  grade if additional time is provided to implement the
  578  intervention and support strategies prescribed by the school
  579  improvement plan. Notwithstanding this sub-subparagraph, a
  580  charter school that earns a second consecutive grade of “F” is
  581  subject to subparagraph 4.
  582         d. A charter school is no longer required to implement a
  583  corrective action if it improves by at least one letter grade.
  584  However, the charter school must continue to implement
  585  strategies identified in the school improvement plan. The
  586  sponsor must annually review implementation of the school
  587  improvement plan to monitor the school’s continued improvement
  588  pursuant to subparagraph 5.
  589         e. A charter school implementing a corrective action that
  590  does not improve by at least one letter grade after 2 full
  591  school years of implementing the corrective action must select a
  592  different corrective action. Implementation of the new
  593  corrective action must begin in the school year following the
  594  implementation period of the existing corrective action, unless
  595  the sponsor determines that the charter school is likely to
  596  improve a letter grade if additional time is provided to
  597  implement the existing corrective action. Notwithstanding this
  598  sub-subparagraph, a charter school that earns a second
  599  consecutive grade of “F” while implementing a corrective action
  600  is subject to subparagraph 4.
  601         3. A charter school with a grade of “D” or “F” that
  602  improves by at least one letter grade must continue to implement
  603  the strategies identified in the school improvement plan. The
  604  sponsor must annually review implementation of the school
  605  improvement plan to monitor the school’s continued improvement
  606  pursuant to subparagraph 5.
  607         4. A charter school’s charter contract is automatically
  608  terminated if the school earns two consecutive grades of “F”
  609  after all school grade appeals are final The sponsor shall
  610  terminate a charter if the charter school earns two consecutive
  611  grades of “F” unless:
  612         a. The charter school is established to turn around the
  613  performance of a district public school pursuant to s.
  614  1008.33(4)(b)3. Such charter schools shall be governed by s.
  615  1008.33;
  616         b. The charter school serves a student population the
  617  majority of which resides in a school zone served by a district
  618  public school that earned a grade of “F” in the year before the
  619  charter school opened and the charter school earns at least a
  620  grade of “D” in its third year of operation. The exception
  621  provided under this sub-subparagraph does not apply to a charter
  622  school in its fourth year of operation and thereafter; or
  623         c. The state board grants the charter school a waiver of
  624  termination. The charter school must request the waiver within
  625  15 days after the department’s official release of school
  626  grades. The state board may waive termination if the charter
  627  school demonstrates that the Learning Gains of its students on
  628  statewide assessments are comparable to or better than the
  629  Learning Gains of similarly situated students enrolled in nearby
  630  district public schools. The waiver is valid for 1 year and may
  631  only be granted once. Charter schools that have been in
  632  operation for more than 5 years are not eligible for a waiver
  633  under this sub-subparagraph.
  634  
  635  The sponsor shall notify the charter school’s governing board,
  636  the charter school principal, and the department in writing when
  637  a charter contract is terminated under this subparagraph. The
  638  letter of termination must meet the requirements of paragraph
  639  (8)(c). A charter terminated under this subparagraph must follow
  640  the procedures for dissolution and reversion of public funds
  641  pursuant to paragraphs (8)(e)-(g) and (9)(o).
  642         5. The director and a representative of the governing board
  643  of a graded charter school that has implemented a school
  644  improvement plan under this paragraph shall appear before the
  645  sponsor at least once a year to present information regarding
  646  the progress of intervention and support strategies implemented
  647  by the school pursuant to the school improvement plan and
  648  corrective actions, if applicable. The sponsor shall communicate
  649  at the meeting, and in writing to the director, the services
  650  provided to the school to help the school address its
  651  deficiencies.
  652         6. Notwithstanding any provision of this paragraph except
  653  sub-subparagraphs 4.a.-c., the sponsor may terminate the charter
  654  at any time pursuant to subsection (8).
  655         (p)1. Each charter school shall maintain a website that
  656  enables the public to obtain information regarding the school;
  657  the school’s academic performance; the names of the governing
  658  board members; the programs at the school; any management
  659  companies, service providers, or education management
  660  corporations associated with the school; the school’s annual
  661  budget and its annual independent fiscal audit; the school’s
  662  grade pursuant to s. 1008.34; and, on a quarterly basis, the
  663  minutes of governing board meetings.
  664         2.Each charter school’s governing board must appoint a
  665  representative to facilitate parental involvement, provide
  666  access to information, assist parents and others with questions
  667  and concerns, and resolve disputes. The representative must
  668  reside in the school district in which the charter school is
  669  located and may be a governing board member, a charter school
  670  employee, or an individual contracted to represent the governing
  671  board. If the governing board oversees multiple charter schools
  672  in the same school district, the governing board must appoint a
  673  separate representative for each charter school in the district.
  674  The representative’s contact information must be provided
  675  annually in writing to parents and posted prominently on the
  676  charter school’s website. The sponsor may not require governing
  677  board members to reside in the school district in which the
  678  charter school is located if the charter school complies with
  679  this subparagraph.
  680         3.Each charter school’s governing board must hold at least
  681  two public meetings per school year in the school district where
  682  the charter school is located. The meetings must be noticed,
  683  open, and accessible to the public, and attendees must be
  684  provided an opportunity to receive information and provide input
  685  regarding the charter school’s operations. The appointed
  686  representative and charter school principal or director, or his
  687  or her designee, must be physically present at each meeting.
  688  Members of the governing board may attend in person or by means
  689  of communications media technology used in accordance with rules
  690  adopted by the Administration Commission under s. 120.54(5).
  691         (10) ELIGIBLE STUDENTS.—
  692         (a) A charter school shall be open to any student covered
  693  in an interdistrict agreement or residing in the school district
  694  in which the charter school is located; however, in the case of
  695  a charter lab school, the charter lab school shall be open to
  696  any student eligible to attend the lab school as provided in s.
  697  1002.32 or who resides in the school district in which the
  698  charter lab school is located. Any eligible student shall be
  699  allowed interdistrict transfer to attend a charter school when
  700  based on good cause. Good cause shall include, but is not
  701  limited to, geographic proximity to a charter school in a
  702  neighboring school district. A charter school that has not
  703  reached capacity, as determined by the charter school’s
  704  governing board, may be open for enrollment to any student in
  705  the state.
  706         (d) A charter school may give enrollment preference to the
  707  following student populations:
  708         1. Students who are siblings of a student enrolled in the
  709  charter school.
  710         2. Students who are the children of a member of the
  711  governing board of the charter school.
  712         3. Students who are the children of an employee of the
  713  charter school.
  714         4. Students who are the children of:
  715         a. An employee of the business partner of a charter school
  716  in-the-workplace established under paragraph (15)(b) or a
  717  resident of the municipality in which such charter school is
  718  located; or
  719         b. A resident of a municipality that operates a charter
  720  school-in-a-municipality pursuant to paragraph (15)(c) or allows
  721  a charter school to use a school facility or portion of land
  722  owned by the municipality for the operation of the charter
  723  school.
  724         5. Students who have successfully completed a voluntary
  725  prekindergarten education program under ss. 1002.51-1002.79
  726  provided by the charter school or the charter school’s governing
  727  board during the previous year.
  728         6. Students who are the children of an active duty member
  729  of any branch of the United States Armed Forces.
  730         7.Students who attended or are assigned to failing schools
  731  pursuant to s. 1002.38(2).
  732         (13) CHARTER SCHOOL COOPERATIVES.—Charter schools may enter
  733  into cooperative agreements to form charter school cooperative
  734  organizations that may provide the following services to further
  735  educational, operational, and administrative initiatives in
  736  which the participating charter schools share common interests:
  737  charter school planning and development, direct instructional
  738  services, and contracts with charter school governing boards to
  739  provide personnel administrative services, payroll services,
  740  human resource management, evaluation and assessment services,
  741  teacher preparation, and professional development.
  742         (17) FUNDING.—Students enrolled in a charter school,
  743  regardless of the sponsorship, shall be funded as if they are in
  744  a basic program or a special program, the same as students
  745  enrolled in other public schools in the school district. Funding
  746  for a charter lab school shall be as provided in s. 1002.32.
  747         (b) The basis for the agreement for funding students
  748  enrolled in a charter school shall be the sum of the school
  749  district’s operating funds from the Florida Education Finance
  750  Program as provided in s. 1011.62 and the General Appropriations
  751  Act, including gross state and local funds, discretionary
  752  lottery funds, and funds from the school district’s current
  753  operating discretionary millage levy; divided by total funded
  754  weighted full-time equivalent students in the school district;
  755  multiplied by the weighted full-time equivalent students for the
  756  charter school. Charter schools whose students or programs meet
  757  the eligibility criteria in law are entitled to their
  758  proportionate share of categorical program funds included in the
  759  total funds available in the Florida Education Finance Program
  760  by the Legislature, including transportation, the research-based
  761  reading allocation, and the Florida digital classrooms
  762  allocation. Total funding for each charter school shall be
  763  recalculated during the year to reflect the revised calculations
  764  under the Florida Education Finance Program by the state and the
  765  actual weighted full-time equivalent students reported by the
  766  charter school during the full-time equivalent student survey
  767  periods designated by the Commissioner of Education. Any
  768  unrestricted surplus or unrestricted net assets identified in
  769  the charter school’s annual audit may be used for K-12
  770  educational purposes for charter schools within the district
  771  operated by the not-for-profit or municipal entity operating the
  772  charter school with the surplus. Surplus operating funds shall
  773  be used in accordance with s. 1011.62, and surplus capital
  774  outlay funds shall be used in accordance with s. 1013.62(2).
  775         (e) District school boards shall make timely and efficient
  776  payment and reimbursement to charter schools, including
  777  processing paperwork required to access special state and
  778  federal funding for which they may be eligible. Payments of
  779  funds under paragraph (b) shall be made monthly or twice a
  780  month, beginning with the start of the district school board’s
  781  fiscal year. Each payment shall be one-twelfth, or one twenty
  782  fourth, as applicable, of the total state and local funds
  783  described in paragraph (b) and adjusted as set forth therein.
  784  For the first 2 years of a charter school’s operation, if a
  785  minimum of 75 percent of the projected enrollment is entered
  786  into the sponsor’s student information system by the first day
  787  of the current month, the district school board shall may
  788  distribute funds to the a charter school for the up to 3 months
  789  of July through October based on the projected full-time
  790  equivalent student membership of the charter school as submitted
  791  in the approved application. If less than 75 percent of the
  792  projected enrollment is entered into the sponsor’s student
  793  information system by the first day of the current month, the
  794  sponsor shall base payments on the actual number of student
  795  enrollment entered into the sponsor’s student information
  796  system. Thereafter, the results of full-time equivalent student
  797  membership surveys shall be used in adjusting the amount of
  798  funds distributed monthly to the charter school for the
  799  remainder of the fiscal year. The payments payment shall be
  800  issued no later than 10 working days after the district school
  801  board receives a distribution of state or federal funds or the
  802  date the payment is due pursuant to this subsection. If a
  803  warrant for payment is not issued within 10 working days after
  804  receipt of funding by the district school board, the school
  805  district shall pay to the charter school, in addition to the
  806  amount of the scheduled disbursement, interest at a rate of 1
  807  percent per month calculated on a daily basis on the unpaid
  808  balance from the expiration of the 10 working days until such
  809  time as the warrant is issued. The district school board may not
  810  delay payment to a charter school of any portion of the funds
  811  provided in paragraph (b) based on the timing of receipt of
  812  local funds by the district school board.
  813         (18) FACILITIES.—
  814         (a) A startup charter school shall utilize facilities which
  815  comply with the Florida Building Code pursuant to chapter 553
  816  except for the State Requirements for Educational Facilities.
  817  Conversion charter schools shall utilize facilities that comply
  818  with the State Requirements for Educational Facilities provided
  819  that the school district and the charter school have entered
  820  into a mutual management plan for the reasonable maintenance of
  821  such facilities. The mutual management plan shall contain a
  822  provision by which the district school board agrees to maintain
  823  charter school facilities in the same manner as its other public
  824  schools within the district. Charter schools, with the exception
  825  of conversion charter schools, are not required to comply, but
  826  may choose to comply, with the State Requirements for
  827  Educational Facilities of the Florida Building Code adopted
  828  pursuant to s. 1013.37. The local governing authority shall not
  829  adopt or impose any local building requirements or site
  830  development restrictions, such as parking and site-size
  831  criteria, that are addressed by and more stringent than those
  832  found in the State Requirements for Educational Facilities of
  833  the Florida Building Code. Beginning July 1, 2011, A local
  834  governing authority must treat charter schools equitably in
  835  comparison to similar requirements, restrictions, and site
  836  planning processes imposed upon public schools that are not
  837  charter schools. The agency having jurisdiction for inspection
  838  of a facility and issuance of a certificate of occupancy or use
  839  shall be the local municipality or, if in an unincorporated
  840  area, the county governing authority. If an official or employee
  841  of the local governing authority refuses to comply with this
  842  paragraph, the aggrieved school or entity has an immediate right
  843  to bring an action in circuit court to enforce its rights by
  844  injunction. An aggrieved party that receives injunctive relief
  845  may be awarded attorney fees and court costs.
  846         (20) SERVICES.—
  847         (a)1. A sponsor shall provide certain administrative and
  848  educational services to charter schools. These services shall
  849  include contract management services; full-time equivalent and
  850  data reporting services; exceptional student education
  851  administration services; services related to eligibility and
  852  reporting duties required to ensure that school lunch services
  853  under the federal lunch program, consistent with the needs of
  854  the charter school, are provided by the school district at the
  855  request of the charter school, that any funds due to the charter
  856  school under the federal lunch program be paid to the charter
  857  school as soon as the charter school begins serving food under
  858  the federal lunch program, and that the charter school is paid
  859  at the same time and in the same manner under the federal lunch
  860  program as other public schools serviced by the sponsor or the
  861  school district; test administration services, including payment
  862  of the costs of state-required or district-required student
  863  assessments; processing of teacher certificate data services;
  864  and information services, including equal access to student
  865  information systems that are used by public schools in the
  866  district in which the charter school is located. Student
  867  performance data for each student in a charter school,
  868  including, but not limited to, FCAT scores, standardized test
  869  scores, previous public school student report cards, and student
  870  performance measures, shall be provided by the sponsor to a
  871  charter school in the same manner provided to other public
  872  schools in the district.
  873         2. A total administrative fee for the provision of such
  874  services shall be calculated based upon up to 5 percent of the
  875  available funds defined in paragraph (17)(b) for all students,
  876  except that when 75 percent or more of the students enrolled in
  877  the charter school are exceptional students as defined in s.
  878  1003.01(3), the 5 percent of those available funds shall be
  879  calculated based on unweighted full-time equivalent students.
  880  However, a sponsor may only withhold up to a 5-percent
  881  administrative fee for enrollment for up to and including 250
  882  students. For charter schools with a population of 251 or more
  883  students, the difference between the total administrative fee
  884  calculation and the amount of the administrative fee withheld
  885  may only be used for capital outlay purposes specified in s.
  886  1013.62(2).
  887         3. For high-performing charter schools, as defined in s.
  888  1002.331 ch. 2011-232, a sponsor may withhold a total
  889  administrative fee of up to 2 percent for enrollment up to and
  890  including 250 students per school.
  891         4. In addition, a sponsor may withhold only up to a 5
  892  percent administrative fee for enrollment for up to and
  893  including 500 students within a system of charter schools which
  894  meets all of the following:
  895         a. Includes both conversion charter schools and
  896  nonconversion charter schools;
  897         b. Has all schools located in the same county;
  898         c. Has a total enrollment exceeding the total enrollment of
  899  at least one school district in the state;
  900         d. Has the same governing board; and
  901         e. Does not contract with a for-profit service provider for
  902  management of school operations.
  903         5. The difference between the total administrative fee
  904  calculation and the amount of the administrative fee withheld
  905  pursuant to subparagraph 4. may be used for instructional and
  906  administrative purposes as well as for capital outlay purposes
  907  specified in s. 1013.62(2).
  908         6. For a high-performing charter school system that also
  909  meets the requirements in subparagraph 4., a sponsor may
  910  withhold a 2-percent administrative fee for enrollments up to
  911  and including 500 students per system.
  912         7. Sponsors shall not charge charter schools any additional
  913  fees or surcharges for administrative and educational services
  914  in addition to the maximum 5-percent administrative fee withheld
  915  pursuant to this paragraph.
  916         8. The sponsor of a virtual charter school may withhold a
  917  fee of up to 5 percent. The funds shall be used to cover the
  918  cost of services provided under subparagraph 1. and
  919  implementation of the school district’s digital classrooms plan
  920  pursuant to s. 1011.62.
  921         9.For charter schools that operate in a critical need
  922  area, as defined in s. 1002.333, a sponsor may withhold a total
  923  administrative fee of up to 3 percent for enrollment up to and
  924  including 250 students per school.
  925         10.A charter school whose initial application is submitted
  926  under s. 1002.331 and denied by the district school board is
  927  exempt from the administrative fee requirements of this
  928  paragraph.
  929         Section 2. Paragraph (e) of subsection (2), paragraph (b)
  930  of subsection (3), and subsections (4) and (5) of section
  931  1002.331, Florida Statutes, are amended to read:
  932         1002.331 High-performing charter schools.—
  933         (2) A high-performing charter school is authorized to:
  934         (e) Receive a modification of its charter to an additional
  935  a term of 15 years or a 15-year charter renewal. The charter may
  936  be modified or renewed for a shorter term at the option of the
  937  high-performing charter school. The sponsor has 30 days after
  938  the charter school receives its high-performing designation to
  939  provide a charter renewal to the charter school. The charter
  940  school and sponsor have 20 days to negotiate and provide notice
  941  of the charter contract for final approval by the sponsor. The
  942  proposed charter contract must be provided to the charter school
  943  at least 7 days before the date of the meeting at which the
  944  charter is scheduled for final approval by the sponsor. A
  945  dispute may be appealed to an administrative law judge appointed
  946  by the Division of Administrative Hearings pursuant to s.
  947  1002.33(6)(h). The charter must be consistent with s.
  948  1002.33(7)(a)19. and (10)(h) and (i), is subject to annual
  949  review by the sponsor, and may be terminated during its term
  950  pursuant to s. 1002.33(8).
  951  
  952  A high-performing charter school shall notify its sponsor in
  953  writing by March 1 if it intends to increase enrollment or
  954  expand grade levels the following school year. The written
  955  notice shall specify the amount of the enrollment increase and
  956  the grade levels that will be added, as applicable. If a charter
  957  school notifies the sponsor of its intent to expand, the sponsor
  958  shall modify the charter within 90 days to include the new
  959  enrollment maximum and may not make any other changes. The
  960  sponsor may deny a request to increase the enrollment of a high
  961  performing charter school if the commissioner has declassified
  962  the charter school as high-performing. If a high-performing
  963  charter school requests to consolidate multiple charters, the
  964  sponsor has shall have 40 days after receipt of that request to
  965  provide an initial draft charter to the charter school. The
  966  sponsor and charter school has shall have 50 days thereafter to
  967  negotiate and notice the charter contract for final approval by
  968  the sponsor.
  969         (3)
  970         (b) A high-performing charter school may not establish more
  971  than one charter school within the state under paragraph (a) in
  972  any year. A subsequent application to establish a charter school
  973  under paragraph (a) may not be submitted unless each charter
  974  school established in this manner achieves high-performing
  975  charter school status. This paragraph does not apply to charter
  976  schools established by a high-performing charter school in the
  977  attendance zone of a public school that earns a grade of “F” or
  978  three consecutive grades of “D” pursuant to s. 1008.34 or to
  979  meet capacity needs or needs for innovative school choice
  980  options identified by the district school board.
  981         (4)A high-performing charter school may not increase
  982  enrollment or expand grade levels following any school year in
  983  which it receives a school grade of “C” or below. If the charter
  984  school receives a school grade of “C” or below in any 2 years
  985  during the term of the charter awarded under subsection (2), the
  986  term of the charter may be modified by the sponsor and the
  987  charter school loses its high-performing charter school status
  988  until it regains that status under subsection (1).
  989         (4)(5) The Commissioner of Education, upon request by a
  990  charter school, shall verify that the charter school meets the
  991  criteria in subsection (1) and provide a letter to the charter
  992  school and the sponsor stating that the charter school is a
  993  high-performing charter school pursuant to this section. The
  994  commissioner shall annually determine whether a high-performing
  995  charter school under subsection (1) continues to meet the
  996  criteria in that subsection. Such high-performing charter school
  997  shall maintain its high-performing status unless the
  998  commissioner determines that the charter school no longer meets
  999  the criteria in subsection (1), at which time the commissioner
 1000  shall send a letter to the charter school and its sponsor
 1001  providing notification that the charter school has been
 1002  declassified of its declassification as a high-performing
 1003  charter school.
 1004         Section 3. Section 1002.333, Florida Statutes, is created
 1005  to read:
 1006         1002.333High Impact Charter Network.—
 1007         (1)As used in this section, the term:
 1008         (a)“Critical need area” means an area that is served by
 1009  one or more nonalternative, traditional public schools that
 1010  received a school grade of “D” or “F” pursuant to s. 1008.34 in
 1011  4 of the most recent 5 years.
 1012         (b)“Entity” means a nonprofit organization with tax exempt
 1013  status under s. 501(c)(3) of the Internal Revenue Code that is
 1014  authorized by law to operate a public charter school.
 1015         (2)An entity that successfully operates a system of
 1016  charter schools that primarily serves educationally
 1017  disadvantaged students, as defined in the Elementary and
 1018  Secondary Education Act, 20 U.S.C. s. 1115(b)(2), may apply to
 1019  the state board for status as a High Impact Charter Network. The
 1020  state board shall adopt rules prescribing a process for
 1021  determining whether the entity meets the requirements of this
 1022  subsection by reviewing student demographic, academic, and
 1023  financial performance data. The process shall include a review
 1024  of all schools currently or previously operated by the entity,
 1025  including schoolwide and subgroup performance on all statewide,
 1026  standardized assessments for the most recent 3 years as compared
 1027  to all students at the same grade level, and as compared with
 1028  other schools serving similar demographics of students, and
 1029  school-level financial performance. The review may also include
 1030  performance on nationally norm-referenced assessments, student
 1031  attendance and retention rates, graduation rates, college
 1032  attendance rates, college persistence rates, and other outcome
 1033  measures as determined by the state board.
 1034         (3)An entity that is designated as a High Impact Charter
 1035  Network pursuant to this subsection may submit an application
 1036  pursuant to s. 1002.33 to establish and operate charter schools
 1037  in critical need areas. Notwithstanding s. 1013.62(1)(a), a
 1038  charter school operated by a High Impact Charter Network in a
 1039  critical need area is eligible to receive charter school capital
 1040  outlay.
 1041         (4)The administrative fee provided for in s.
 1042  1002.33(20)(a) shall be waived for a charter school established
 1043  by a High Impact Charter Network in a critical need area as long
 1044  as the network maintains its status as a High Impact Charter
 1045  Network.
 1046         (5)The department shall give priority to charter schools
 1047  operated by a High Impact Charter Network in the department’s
 1048  Public Charter School Grant Program competitions. Priority shall
 1049  only be provided for new charter schools that will operate in a
 1050  critical need area.
 1051         (6)The initial High Impact Charter Network status is valid
 1052  for up to 4 years. If an entity seeks renewal of its status, the
 1053  state board shall review the academic and financial performance
 1054  of the charter schools established in areas of critical need
 1055  pursuant to subsection (2).
 1056         (7)For purposes of determining areas of critical need,
 1057  school grades issued for the 2014-2015 school year may not be
 1058  considered.
 1059         (8)The State Board of Education shall adopt rules to
 1060  administer this section.
 1061         Section 4. Paragraph (a) of subsection (3) and paragraph
 1062  (a) of subsection (8) of section 1002.37, Florida Statutes, are
 1063  amended to read:
 1064         1002.37 The Florida Virtual School.—
 1065         (3) Funding for the Florida Virtual School shall be
 1066  provided as follows:
 1067         (a)1. The calculation of “full-time equivalent student”
 1068  shall be as prescribed in s. 1011.61(1)(c)1.b.(V) and is subject
 1069  to s. 1011.61(4) For a student in grades 9 through 12, a “full
 1070  time equivalent student” is one student who has successfully
 1071  completed six full-credit courses that count toward the minimum
 1072  number of credits required for high school graduation. A student
 1073  who completes fewer than six full-credit courses is a fraction
 1074  of a full-time equivalent student. Half-credit course
 1075  completions shall be included in determining a full-time
 1076  equivalent student.
 1077         2.For a student in kindergarten through grade 8, a “full
 1078  time equivalent student” is one student who has successfully
 1079  completed six courses or the prescribed level of content that
 1080  counts toward promotion to the next grade. A student who
 1081  completes fewer than six courses or the prescribed level of
 1082  content shall be a fraction of a full-time equivalent student.
 1083         2.3. For a student in a home education program, funding
 1084  shall be provided in accordance with this subsection upon course
 1085  completion if the parent verifies, upon enrollment for each
 1086  course, that the student is registered with the school district
 1087  as a home education student pursuant to s. 1002.41(1)(a).
 1088  Beginning in the 2016-2017 fiscal year, the reported full-time
 1089  equivalent students and associated funding of students enrolled
 1090  in courses requiring passage of an end-of-course assessment
 1091  under s. 1003.4282 to earn a standard high school diploma shall
 1092  be adjusted if the student does not pass the end-of-course
 1093  assessment. However, no adjustment shall be made for home
 1094  education program students who choose not to take an end-of
 1095  course assessment or for a student who enrolls in a segmented
 1096  remedial course delivered online.
 1097  
 1098  For purposes of this paragraph, the calculation of “full-time
 1099  equivalent student” shall be as prescribed in s.
 1100  1011.61(1)(c)1.b.(V) and is subject to the requirements in s.
 1101  1011.61(4).
 1102         (8)(a) The Florida Virtual School may provide full-time and
 1103  part-time instruction for students in kindergarten through grade
 1104  12. To receive part-time instruction in kindergarten through
 1105  grade 5, a student must meet at least one of the eligibility
 1106  criteria in s. 1002.455(2).
 1107         Section 5. Subsection (5), paragraph (e) of subsection (7),
 1108  and paragraphs (c) and (d) of subsection (8) of section 1002.45,
 1109  Florida Statutes, are amended to read:
 1110         1002.45 Virtual instruction programs.—
 1111         (5) STUDENT ELIGIBILITY.—Students in kindergarten through
 1112  grade 12 A student may enroll in a virtual instruction program
 1113  provided by the school district or by a virtual charter school
 1114  operated in the district in which he or she resides if the
 1115  student meets eligibility requirements for virtual instruction
 1116  pursuant to s. 1002.455.
 1117         (7) VIRTUAL INSTRUCTION PROGRAM AND VIRTUAL CHARTER SCHOOL
 1118  FUNDING.—
 1119         (e)Beginning in the 2016-2017 fiscal year, the reported
 1120  full-time equivalent students and associated funding of students
 1121  enrolled in courses requiring passage of an end-of-course
 1122  assessment under s. 1003.4282 to earn a standard high school
 1123  diploma shall be adjusted if the student does not pass the end
 1124  of-course assessment. However, no adjustment shall be made for a
 1125  student who enrolls in a segmented remedial course delivered
 1126  online.
 1127         (8) ASSESSMENT AND ACCOUNTABILITY.—
 1128         (c) An approved provider that receives a school grade of
 1129  “D” or “F” under s. 1008.34 or a school improvement rating of
 1130  “Unsatisfactory” “Declining” under s. 1008.341 must file a
 1131  school improvement plan with the department for consultation to
 1132  determine the causes for low performance and to develop a plan
 1133  for correction and improvement.
 1134         (d) An approved provider’s contract is automatically must
 1135  be terminated if the provider earns two consecutive school
 1136  grades of receives a school grade of “D” or “F” under s. 1008.34
 1137  after all school grade appeals are final, receives two
 1138  consecutive or a school improvement ratings rating of
 1139  “unsatisfactory” “Declining” under s. 1008.341, for 2 years
 1140  during any consecutive 4-year period or has violated any
 1141  qualification requirement pursuant to subsection (2). A provider
 1142  that has a contract terminated under this paragraph may not be
 1143  an approved provider for a period of at least 1 year after the
 1144  date upon which the contract was terminated and until the
 1145  department determines that the provider is in compliance with
 1146  subsection (2) and has corrected each cause of the provider’s
 1147  low performance.
 1148         Section 6. Section 1002.455, Florida Statutes, is repealed.
 1149         Section 7. Subsection (3) of section 1003.4295, Florida
 1150  Statutes, is amended to read:
 1151         1003.4295 Acceleration options.—
 1152         (3) The Credit Acceleration Program (CAP) is created for
 1153  the purpose of allowing a student to earn high school credit in
 1154  courses required for high school graduation through passage of
 1155  an end–of-course assessment Algebra I, Algebra II, geometry,
 1156  United States history, or biology if the student passes the
 1157  statewide, standardized assessment administered under s. 1008.22
 1158  or an Advanced Placement Examination. Notwithstanding s.
 1159  1003.436, a school district shall award course credit to a
 1160  student who is not enrolled in the course, or who has not
 1161  completed the course, if the student attains a passing score on
 1162  the corresponding end-of-course assessment or Advanced Placement
 1163  Examination statewide, standardized assessment. The school
 1164  district shall permit a public school or home education student
 1165  who is not enrolled in the course, or who has not completed the
 1166  course, to take the assessment or examination during the regular
 1167  administration of the assessment or examination.
 1168         Section 8. Subsections (1) and (2) of section 1003.498,
 1169  Florida Statutes, are amended to read:
 1170         1003.498 School district virtual course offerings.—
 1171         (1) School districts may deliver courses in the traditional
 1172  school setting by personnel certified pursuant to s. 1012.55 who
 1173  provide direct instruction through virtual instruction or
 1174  through blended learning courses consisting of both traditional
 1175  classroom and online instructional techniques. Students in a
 1176  blended learning course must be full-time students of the school
 1177  pursuant to s. 1011.61(1)(a)1. and receive the online
 1178  instruction in a classroom setting at the school. The funding,
 1179  performance, and accountability requirements for blended
 1180  learning courses are the same as those for traditional courses.
 1181  To facilitate the delivery and coding of blended learning
 1182  courses, the department shall provide identifiers for existing
 1183  courses to designate that they are being used for blended
 1184  learning courses for the purpose of ensuring the efficient
 1185  reporting of such courses. A district may report full-time
 1186  equivalent student membership for credit earned by a student who
 1187  is enrolled in a virtual education course provided by the
 1188  district which is completed after the end of the regular school
 1189  year if the FTE is reported no later than the deadline for
 1190  amending the final student membership report for that year.
 1191         (2) School districts may offer virtual courses for students
 1192  enrolled in the school district. These courses must be
 1193  identified in the course code directory. Students who meet the
 1194  eligibility requirements of s. 1002.455 may participate in these
 1195  virtual course offerings.
 1196         (a) Any eligible student who is enrolled in a school
 1197  district may register and enroll in an online course offered by
 1198  his or her school district.
 1199         (b)1. Any eligible student who is enrolled in a school
 1200  district may register and enroll in an online course offered by
 1201  any other school district in the state. The school district in
 1202  which the student completes the course shall report the
 1203  student’s completion of that course for funding pursuant to s.
 1204  1011.61(1)(c)1.b.(VI), and the home school district shall not
 1205  report the student for funding for that course.
 1206         2. The full-time equivalent student membership calculated
 1207  under this subsection is subject to the requirements in s.
 1208  1011.61(4). The Department of Education shall establish
 1209  procedures to enable interdistrict coordination for the delivery
 1210  and funding of this online option.
 1211         Section 9. Subsection (1) of section 1011.61, Florida
 1212  Statutes, is amended to read:
 1213         1011.61 Definitions.—Notwithstanding the provisions of s.
 1214  1000.21, the following terms are defined as follows for the
 1215  purposes of the Florida Education Finance Program:
 1216         (1) A “full-time equivalent student” in each program of the
 1217  district is defined in terms of full-time students and part-time
 1218  students as follows:
 1219         (a) A “full-time student” is one student on the membership
 1220  roll of one school program or a combination of school programs
 1221  listed in s. 1011.62(1)(c) for the school year or the equivalent
 1222  for:
 1223         1. Instruction in a standard school, comprising not less
 1224  than 900 net hours for a student in or at the grade level of 4
 1225  through 12, or not less than 720 net hours for a student in or
 1226  at the grade level of kindergarten through grade 3 or in an
 1227  authorized prekindergarten exceptional program; or
 1228         2.Instruction in a double-session school or a school
 1229  utilizing an experimental school calendar approved by the
 1230  Department of Education, comprising not less than the equivalent
 1231  of 810 net hours in grades 4 through 12 or not less than 630 net
 1232  hours in kindergarten through grade 3; or
 1233         2.3. Instruction comprising the appropriate number of net
 1234  hours set forth in subparagraph 1. or subparagraph 2. for
 1235  students who, within the past year, have moved with their
 1236  parents for the purpose of engaging in the farm labor or fish
 1237  industries, if a plan furnishing such an extended school day or
 1238  week, or a combination thereof, has been approved by the
 1239  commissioner. Such plan may be approved to accommodate the needs
 1240  of migrant students only or may serve all students in schools
 1241  having a high percentage of migrant students. The plan described
 1242  in this subparagraph is optional for any school district and is
 1243  not mandated by the state.
 1244         (b) A “part-time student” is a student on the active
 1245  membership roll of a school program or combination of school
 1246  programs listed in s. 1011.62(1)(c) who is less than a full-time
 1247  student. A student who receives instruction in a school that
 1248  operates for less than the minimum term shall generate full-time
 1249  equivalent student membership proportional to the amount of
 1250  instructional hours provided by the school divided by the
 1251  minimum term requirement as provided in s. 1011.60(2).
 1252         (c)1. A “full-time equivalent student” is:
 1253         a. A full-time student in any one of the programs listed in
 1254  s. 1011.62(1)(c); or
 1255         b. A combination of full-time or part-time students in any
 1256  one of the programs listed in s. 1011.62(1)(c) which is the
 1257  equivalent of one full-time student based on the following
 1258  calculations:
 1259         (I) A full-time student in a combination of programs listed
 1260  in s. 1011.62(1)(c) shall be a fraction of a full-time
 1261  equivalent membership in each special program equal to the
 1262  number of net hours per school year for which he or she is a
 1263  member, divided by the appropriate number of hours set forth in
 1264  subparagraph (a)1. or subparagraph (a)2. The difference between
 1265  that fraction or sum of fractions and the maximum value as set
 1266  forth in subsection (4) for each full-time student is presumed
 1267  to be the balance of the student’s time not spent in a special
 1268  program and shall be recorded as time in the appropriate basic
 1269  program.
 1270         (II) A prekindergarten student with a disability shall meet
 1271  the requirements specified for kindergarten students.
 1272         (III) A full-time equivalent student for students in
 1273  kindergarten through grade 12 in a full-time virtual instruction
 1274  program under s. 1002.45 or a virtual charter school under s.
 1275  1002.33 shall consist of six full-credit completions or the
 1276  prescribed level of content that counts toward promotion to the
 1277  next grade in programs listed in s. 1011.62(1)(c). Credit
 1278  completions may be a combination of full-credit courses or half
 1279  credit courses. Beginning in the 2016-2017 fiscal year, the
 1280  reported full-time equivalent students and associated funding of
 1281  students enrolled in courses requiring passage of an end-of
 1282  course assessment under s. 1003.4282 to earn a standard high
 1283  school diploma shall be adjusted if the student does not pass
 1284  the end-of-course assessment. However, no adjustment shall be
 1285  made for a student who enrolls in a segmented remedial course
 1286  delivered online.
 1287         (IV) A full-time equivalent student for students in
 1288  kindergarten through grade 12 in a part-time virtual instruction
 1289  program under s. 1002.45 shall consist of six full-credit
 1290  completions in programs listed in s. 1011.62(1)(c)1. and 3.
 1291  Credit completions may be a combination of full-credit courses
 1292  or half-credit courses. Beginning in the 2016-2017 fiscal year,
 1293  the reported full-time equivalent students and associated
 1294  funding of students enrolled in courses requiring passage of an
 1295  end-of-course assessment under s. 1003.4282 to earn a standard
 1296  high school diploma shall be adjusted if the student does not
 1297  pass the end-of-course assessment. However, no adjustment shall
 1298  be made for a student who enrolls in a segmented remedial course
 1299  delivered online.
 1300         (V) A Florida Virtual School full-time equivalent student
 1301  shall consist of six full-credit completions or the prescribed
 1302  level of content that counts toward promotion to the next grade
 1303  in the programs listed in s. 1011.62(1)(c)1. and 3. for students
 1304  participating in kindergarten through grade 12 part-time virtual
 1305  instruction and the programs listed in s. 1011.62(1)(c) for
 1306  students participating in kindergarten through grade 12 full
 1307  time virtual instruction. Credit completions may be a
 1308  combination of full-credit courses or half-credit courses.
 1309  Beginning in the 2016-2017 fiscal year, the reported full-time
 1310  equivalent students and associated funding of students enrolled
 1311  in courses requiring passage of an end-of-course assessment
 1312  under s. 1003.4282 to earn a standard high school diploma shall
 1313  be adjusted if the student does not pass the end-of-course
 1314  assessment. However, no adjustment shall be made for a student
 1315  who enrolls in a segmented remedial course delivered online.
 1316         (VI) Each successfully completed full-credit course earned
 1317  through an online course delivered by a district other than the
 1318  one in which the student resides shall be calculated as 1/6 FTE.
 1319         (VII) A full-time equivalent student for courses requiring
 1320  passage of a statewide, standardized end-of-course assessment
 1321  under s. 1003.4282 to earn a standard high school diploma shall
 1322  be defined and reported based on the number of instructional
 1323  hours as provided in this subsection until the 2016-2017 fiscal
 1324  year. Beginning in the 2016-2017 fiscal year, the FTE for the
 1325  course shall be assessment-based and shall be equal to 1/6 FTE.
 1326  The reported FTE shall be adjusted if the student does not pass
 1327  the end-of-course assessment. However, no adjustment shall be
 1328  made for a student who enrolls in a segmented remedial course
 1329  delivered online.
 1330         (VIII) For students enrolled in a school district as a
 1331  full-time student, the district may report 1/6 FTE for each
 1332  student who passes a statewide, standardized end-of-course
 1333  assessment without being enrolled in the corresponding course.
 1334         2. A student in membership in a program scheduled for more
 1335  or less than 180 school days or the equivalent on an hourly
 1336  basis as specified by rules of the State Board of Education is a
 1337  fraction of a full-time equivalent membership equal to the
 1338  number of instructional hours in membership divided by the
 1339  appropriate number of hours set forth in subparagraph (a)1.;
 1340  however, for the purposes of this subparagraph, membership in
 1341  programs scheduled for more than 180 days is limited to students
 1342  enrolled in:
 1343         a. Juvenile justice education programs.
 1344         b. The Florida Virtual School.
 1345         c. Virtual instruction programs and virtual charter schools
 1346  for the purpose of course completion and credit recovery
 1347  pursuant to ss. 1002.45 and 1003.498. Course completion applies
 1348  only to a student who is reported during the second or third
 1349  membership surveys and who does not complete a virtual education
 1350  course by the end of the regular school year. The course must be
 1351  completed no later than the deadline for amending the final
 1352  student enrollment survey for that year. Credit recovery applies
 1353  only to a student who has unsuccessfully completed a traditional
 1354  or virtual education course during the regular school year and
 1355  must re-take the course in order to be eligible to graduate with
 1356  the student’s class.
 1357  
 1358  The full-time equivalent student enrollment calculated under
 1359  this subsection is subject to the requirements in subsection
 1360  (4).
 1361  
 1362  The department shall determine and implement an equitable method
 1363  of equivalent funding for experimental schools and for schools
 1364  operating under emergency conditions, which schools have been
 1365  approved by the department to operate for less than the minimum
 1366  term as provided in s. 1011.60(2) school day.
 1367         Section 10. Subsection (11) of section 1011.62, Florida
 1368  Statutes, is amended to read:
 1369         1011.62 Funds for operation of schools.—If the annual
 1370  allocation from the Florida Education Finance Program to each
 1371  district for operation of schools is not determined in the
 1372  annual appropriations act or the substantive bill implementing
 1373  the annual appropriations act, it shall be determined as
 1374  follows:
 1375         (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may
 1376  annually provide in the Florida Education Finance Program a
 1377  virtual education contribution. The amount of the virtual
 1378  education contribution shall be the difference between the
 1379  amount per FTE established in the General Appropriations Act for
 1380  virtual education and the amount per FTE for each district and
 1381  the Florida Virtual School, which may be calculated by taking
 1382  the sum of the base FEFP allocation, the discretionary local
 1383  effort, the state-funded discretionary contribution, the
 1384  discretionary millage compression supplement, the research-based
 1385  reading instruction allocation, and the instructional materials
 1386  allocation, and then dividing by the total unweighted FTE. This
 1387  difference shall be multiplied by the virtual education
 1388  unweighted FTE for programs and options identified in ss.
 1389  1002.33(1), 1002.45(1)(b), and 1003.498 s. 1002.455(3) and the
 1390  Florida Virtual School and its franchises to equal the virtual
 1391  education contribution and shall be included as a separate
 1392  allocation in the funding formula.
 1393         Section 11. Paragraph (b) of subsection (8) of section
 1394  1012.56, Florida Statutes, is amended to read:
 1395         1012.56 Educator certification requirements.—
 1396         (8) PROFESSIONAL DEVELOPMENT CERTIFICATION AND EDUCATION
 1397  COMPETENCY PROGRAM.—
 1398         (b)1. Each school district must and a private school or
 1399  state-supported state supported public school, including a
 1400  charter school, or a private school may develop and maintain a
 1401  system by which members of the instructional staff may
 1402  demonstrate mastery of professional preparation and education
 1403  competence as required by law. Each program must be based on
 1404  classroom application of the Florida Educator Accomplished
 1405  Practices and instructional performance and, for public schools,
 1406  must be aligned with the district’s or state-supported public
 1407  school’s evaluation system established approved under s.
 1408  1012.34, as applicable.
 1409         2. The Commissioner of Education shall determine the
 1410  continued approval of programs implemented under this paragraph,
 1411  based upon the department’s review of performance data. The
 1412  department shall review the performance data as a part of the
 1413  periodic review of each school district’s professional
 1414  development system required under s. 1012.98.
 1415         Section 12. Paragraph (a) of subsection (1) of section
 1416  1013.62, Florida Statutes, is amended to read:
 1417         1013.62 Charter schools capital outlay funding.—
 1418         (1) In each year in which funds are appropriated for
 1419  charter school capital outlay purposes, the Commissioner of
 1420  Education shall allocate the funds among eligible charter
 1421  schools.
 1422         (a) To be eligible for a funding allocation, a charter
 1423  school must:
 1424         1.a. Have been in operation for 3 or more years;
 1425         b. Be governed by a governing board established in the
 1426  state for 3 or more years which operates both charter schools
 1427  and conversion charter schools within the state;
 1428         c. Be an expanded feeder chain of a charter school within
 1429  the same school district that is currently receiving charter
 1430  school capital outlay funds;
 1431         d. Have been accredited by the Commission on Schools of the
 1432  Southern Association of Colleges and Schools; or
 1433         e. Serve students in facilities that are provided by a
 1434  business partner for a charter school-in-the-workplace pursuant
 1435  to s. 1002.33(15)(b).
 1436         2. Have an annual audit that does not reveal any of the
 1437  financial emergency conditions provided in s. 218.503(1) for the
 1438  most recent fiscal year for which such audit results are
 1439  available stability for future operation as a charter school.
 1440         3. Have satisfactory student achievement based on state
 1441  accountability standards applicable to the charter school.
 1442         4. Have received final approval from its sponsor pursuant
 1443  to s. 1002.33 for operation during that fiscal year.
 1444         5. Serve students in facilities that are not provided by
 1445  the charter school’s sponsor.
 1446         Section 13. This act shall take effect July 1, 2016.