Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. CS for SB 1434 Ì976528LÎ976528 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/15/2018 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Appropriations Subcommittee on Pre-K - 12 Education (Rouson) recommended the following: 1 Senate Amendment to Amendment (396932) (with title 2 amendment) 3 4 Before line 5 5 insert: 6 Section 1. Paragraph (b) of subsection (6) of section 7 1002.33, Florida Statutes, is amended to read: 8 1002.33 Charter schools.— 9 (6) APPLICATION PROCESS AND REVIEW.—Charter school 10 applications are subject to the following requirements: 11 (b) A sponsor shall receive and review all applications for 12 a charter school using the evaluation instrument developed by 13 the Department of Education. A sponsor shall receive and 14 consider charter school applications received on or before 15 August 1 of each calendar year for charter schools to be opened 16 at the beginning of the school district’s next school year, or 17 to be opened at a time agreed to by the applicant and the 18 sponsor. A sponsor may not refuse to receive a charter school 19 application submitted before August 1 and may receive an 20 application submitted later than August 1 if it chooses. 21 Beginning in 2018 and thereafter, a sponsor shall receive and 22 consider charter school applications received on or before 23 February 1 of each calendar year for charter schools to be 24 opened 18 months later at the beginning of the school district’s 25 school year, or to be opened at a time agreed to by the 26 applicant and the sponsor. A sponsor may not refuse to receive a 27 charter school application submitted before February 1 and may 28 receive an application submitted later than February 1 if it 29 chooses. A sponsor may not charge an applicant for a charter any 30 fee for the processing or consideration of an application, and a 31 sponsor may not base its consideration or approval of a final 32 application upon the promise of future payment of any kind. 33 Before approving or denying any application, the sponsor shall 34 allow the applicant, upon receipt of written notification, at 35 least 7 calendar days to make technical or nonsubstantive 36 corrections and clarifications, including, but not limited to, 37 corrections of grammatical, typographical, and like errors or 38 missing signatures, if such errors are identified by the sponsor 39 as cause to deny the final application. 40 1. In order to facilitate an accurate budget projection 41 process, a sponsor shall be held harmless for FTE students who 42 are not included in the FTE projection due to approval of 43 charter school applications after the FTE projection deadline. 44 In a further effort to facilitate an accurate budget projection, 45 within 15 calendar days after receipt of a charter school 46 application, a sponsor shall report to the Department of 47 Education the name of the applicant entity, the proposed charter 48 school location, and its projected FTE. 49 2. In order to ensure fiscal responsibility, an application 50 for a charter school shall include a full accounting of expected 51 assets, a projection of expected sources and amounts of income, 52 including income derived from projected student enrollments and 53 from community support, and an expense projection that includes 54 full accounting of the costs of operation, including start-up 55 costs. 56 3.a. A sponsor shall by a majority vote approve or deny an 57 application no later than 90 calendar days after the application 58 is received, unless the sponsor and the applicant mutually agree 59 in writing to temporarily postpone the vote to a specific date, 60 at which time the sponsor shall by a majority vote approve or 61 deny the application. If the sponsor fails to act on the 62 application, an applicant may appeal to the State Board of 63 Education as provided in paragraph (c). If an application is 64 denied, the sponsor shall, within 10 calendar days after such 65 denial, articulate in writing the specific reasons, based upon 66 good cause, supporting its denial of the application and shall 67 provide the letter of denial and supporting documentation to the 68 applicant and to the Department of Education. 69 b. An application submitted by a high-performing charter 70 school identified pursuant to s. 1002.331 or a high-performing 71 charter school system identified pursuant to s. 1002.332 may be 72 denied by the sponsor only if the sponsor demonstrates by clear 73 and convincing evidence that: 74 (I) The application does not materially comply with the 75 requirements in paragraph (a); 76 (II) The charter school proposed in the application does 77 not materially comply with the requirements in paragraphs 78 (9)(a)-(f); 79 (III) The proposed charter school’s educational program 80 does not substantially replicate that of the applicant or one of 81 the applicant’s high-performing charter schools; 82 (IV) The applicant has made a material misrepresentation or 83 false statement or concealed an essential or material fact 84 during the application process; or 85 (V) The proposed charter school’s educational program and 86 financial management practices do not materially comply with the 87 requirements of this section. 88 89 Material noncompliance is a failure to follow requirements or a 90 violation of prohibitions applicable to charter school 91 applications, which failure is quantitatively or qualitatively 92 significant either individually or when aggregated with other 93 noncompliance. An applicant is considered to be replicating a 94 high-performing charter school if the proposed school is 95 substantially similar to at least one of the applicant’s high 96 performing charter schools and the organization or individuals 97 involved in the establishment and operation of the proposed 98 school are significantly involved in the operation of replicated 99 schools. 100 c. If the sponsor denies an application submitted by a 101 high-performing charter school or a high-performing charter 102 school system, the sponsor must, within 10 calendar days after 103 such denial, state in writing the specific reasons, based upon 104 the criteria in sub-subparagraph b., supporting its denial of 105 the application and must provide the letter of denial and 106 supporting documentation to the applicant and to the Department 107 of Education. The applicant may appeal the sponsor’s denial of 108 the application in accordance with paragraph (c). 109 4. For budget projection purposes, the sponsor shall report 110 to the Department of Education the approval or denial of an 111 application within 10 calendar days after such approval or 112 denial. In the event of approval, the report to the Department 113 of Education shall include the final projected FTE for the 114 approved charter school. 115 5. Upon approval of an application, the initial startup 116 shall commence with the beginning of the public school calendar 117 for the district in which the charter is granted. A charter 118 school may defer the opening of the school’s operations for up 119 to 3
2years to provide time for adequate facility planning. The 120 charter school must provide written notice of such intent to the 121 sponsor and the parents of enrolled students at least 30 122 calendar days before the first day of school. 123 Section 2. Subsection (1) of section 1002.331, Florida 124 Statutes, is amended to read: 125 1002.331 High-performing charter schools.— 126 (1) A charter school is a high-performing charter school if 127 it: 128 (a) Received at least two school grades of “A” and no 129 school grade below “B,” pursuant to s. 1008.34, during each of 130 the previous 3 school years or received at least two consecutive 131 school grades of “A” in the most recent 2 school years. 132 (b) Received an unqualified opinion on each annual 133 financial audit required under s. 218.39 in the most recent 3 134 fiscal years for which such audits are available. 135 (c) Did not receive a financial audit that revealed one or 136 more of the financial emergency conditions set forth in s. 137 218.503(1) in the most recent 3 fiscal years for which such 138 audits are available. However, this requirement is deemed met 139 for a charter school-in-the-workplace if there is a finding in 140 an audit that the school has the monetary resources available to 141 cover any reported deficiency or that the deficiency does not 142 result in a deteriorating financial condition pursuant to s. 143 1002.345(1)(a)3. 144 145 For purposes of determining initial eligibility, the 146 requirements of paragraphs (b) and (c) only apply to the most 147 recent 2 fiscal years if the charter school earns two 148 consecutive grades of “A”. A virtual charter school established 149 under s. 1002.33 is not eligible for designation as a high 150 performing charter school. 151 152 ================= T I T L E A M E N D M E N T ================ 153 And the title is amended as follows: 154 Delete line 920 155 and insert: 156 An act relating to K-12 education; amending s. 157 1002.33, F.S.; extending the period of time for which 158 a charter school may defer its opening for specified 159 reasons; amending s. 1002.331, F.S.; revising the 160 requirements for a charter school to be considered a 161 high-performing charter school; amending s.