Florida Senate - 2021                                    SB 1300
       
       
        
       By Senator Diaz
       
       
       
       
       
       36-01198-21                                           20211300__
    1                        A bill to be entitled                      
    2         An act relating to charter schools; amending s.
    3         1002.33, F.S.; revising requirements for the annual
    4         reports that charter school sponsors are required to
    5         submit to the Department of Education; requiring the
    6         Charter School Commission, formerly the Charter School
    7         Appeal Commission, to recommend denial of a charter
    8         school application if the school does not propose a
    9         certain reading curriculum; revising the manner in
   10         which charter school applications may be reviewed;
   11         authorizing an applicant to submit an application to a
   12         sponsor or to the commission; requiring an applicant
   13         that submits an application to the commission to also
   14         provide a copy of the application to the sponsor
   15         within a certain timeframe; specifying the entities
   16         from which the commission may receive and consider
   17         applications; requiring the commission to approve or
   18         deny an application within a certain timeframe;
   19         requiring the commission to articulate in writing
   20         specific reasons for a recommendation for denial;
   21         authorizing a sponsor to provide input to the
   22         commission within a certain timeframe after receiving
   23         a copy of the final application submitted to the
   24         commission; requiring the commission to consider such
   25         input in reviewing the application; providing that
   26         sponsors may appeal such recommendations to the State
   27         Board of Education; revising the process for the
   28         review of appeals; requiring the Commissioner of
   29         Education to review appeals and make recommendations
   30         to the state board within a certain timeframe;
   31         providing the process for such review; requiring
   32         action by the state board on the recommendation within
   33         a specified timeframe; requiring sponsors to implement
   34         the decision of the state board; authorizing
   35         applicants to appeal certain recommendations by the
   36         commission or the commission’s failure to act on an
   37         application within a certain timeframe; providing the
   38         process for the review and disposition of such
   39         appeals; requiring the commissioner to report a
   40         recommendation on the appeal to the state board within
   41         a certain timeframe; authorizing the commissioner to
   42         reject an appeal submission for failure to comply with
   43         procedural rules; conforming provisions to changes
   44         made by the act; prohibiting specified individuals and
   45         entities from submitting an application to open a
   46         charter school for specified periods of time;
   47         providing an exception; defining the term “relative”
   48         for the purpose of applying the prohibition; providing
   49         an effective date.
   50          
   51  Be It Enacted by the Legislature of the State of Florida:
   52  
   53         Section 1. Paragraph (b) of subsection (5) and subsection
   54  (6) of section 1002.33, Florida Statutes, are amended, and
   55  paragraph (r) is added to subsection (9) of that section, to
   56  read:
   57         1002.33 Charter schools.—
   58         (5) SPONSOR; DUTIES.—
   59         (b) Sponsor duties.—
   60         1.a. The sponsor shall monitor and review the charter
   61  school in its progress toward the goals established in the
   62  charter.
   63         b. The sponsor shall monitor the revenues and expenditures
   64  of the charter school and perform the duties provided in s.
   65  1002.345.
   66         c. The sponsor may approve a charter for a charter school
   67  before the applicant has identified space, equipment, or
   68  personnel, if the applicant indicates approval is necessary for
   69  it to raise working funds.
   70         d. The sponsor shall not apply its policies to a charter
   71  school unless mutually agreed to by both the sponsor and the
   72  charter school. If the sponsor subsequently amends any agreed
   73  upon sponsor policy, the version of the policy in effect at the
   74  time of the execution of the charter, or any subsequent
   75  modification thereof, shall remain in effect and the sponsor may
   76  not hold the charter school responsible for any provision of a
   77  newly revised policy until the revised policy is mutually agreed
   78  upon.
   79         e. The sponsor shall ensure that the charter is innovative
   80  and consistent with the state education goals established by s.
   81  1000.03(5).
   82         f. The sponsor shall ensure that the charter school
   83  participates in the state’s education accountability system. If
   84  a charter school falls short of performance measures included in
   85  the approved charter, the sponsor shall report such shortcomings
   86  to the Department of Education.
   87         g. The sponsor shall not be liable for civil damages under
   88  state law for personal injury, property damage, or death
   89  resulting from an act or omission of an officer, employee,
   90  agent, or governing body of the charter school.
   91         h. The sponsor shall not be liable for civil damages under
   92  state law for any employment actions taken by an officer,
   93  employee, agent, or governing body of the charter school.
   94         i. The sponsor’s duties to monitor the charter school shall
   95  not constitute the basis for a private cause of action.
   96         j. The sponsor shall not impose additional reporting
   97  requirements on a charter school without providing reasonable
   98  and specific justification in writing to the charter school.
   99         k. The sponsor shall submit an annual report to the
  100  Department of Education in a web-based format to be determined
  101  by the department.
  102         (I) The report shall include the following information for
  103  applications reviewed by the sponsor and by the Charter School
  104  Commission established under subparagraph (6)(e)1.:
  105         (A) The number of draft applications received on or before
  106  May 1 and each applicant’s contact information.
  107         (B) The number of final applications received on or before
  108  August 1 and each applicant’s contact information.
  109         (C) The date each application was approved, denied, or
  110  withdrawn.
  111         (D) The date each final contract was executed.
  112         (II) Beginning August 31, 2013, and each year thereafter,
  113  the sponsor shall submit to the department the information for
  114  the applications submitted the previous year.
  115         (III) The department shall compile an annual report, by
  116  district, and post the report on its website by November 1 of
  117  each year.
  118         2. Immunity for the sponsor of a charter school under
  119  subparagraph 1. applies only with respect to acts or omissions
  120  not under the sponsor’s direct authority as described in this
  121  section.
  122         3. This paragraph does not waive a district school board’s
  123  sovereign immunity.
  124         4. A Florida College System institution may work with the
  125  school district or school districts in its designated service
  126  area to develop charter schools that offer secondary education.
  127  These charter schools must include an option for students to
  128  receive an associate degree upon high school graduation. If a
  129  Florida College System institution operates an approved teacher
  130  preparation program under s. 1004.04 or s. 1004.85, the
  131  institution may operate no more than one charter school that
  132  serves students in kindergarten through grade 12. In
  133  kindergarten through grade 8, the charter school shall implement
  134  innovative blended learning instructional models in which, for a
  135  given course, a student learns in part through online delivery
  136  of content and instruction with some element of student control
  137  over time, place, path, or pace and in part at a supervised
  138  brick-and-mortar location away from home. A student in a blended
  139  learning course must be a full-time student of the charter
  140  school and receive the online instruction in a classroom setting
  141  at the charter school. District school boards shall cooperate
  142  with and assist the Florida College System institution on the
  143  charter application. Florida College System institution
  144  applications for charter schools are not subject to the time
  145  deadlines outlined in subsection (6) and may be approved by the
  146  district school board at any time during the year. Florida
  147  College System institutions may not report FTE for any students
  148  who receive FTE funding through the Florida Education Finance
  149  Program.
  150         5. A school district may enter into nonexclusive interlocal
  151  agreements with federal and state agencies, counties,
  152  municipalities, and other governmental entities that operate
  153  within the geographical borders of the school district to act on
  154  behalf of such governmental entities in the inspection,
  155  issuance, and other necessary activities for all necessary
  156  permits, licenses, and other permissions that a charter school
  157  needs in order for development, construction, or operation. A
  158  charter school may use, but may not be required to use, a school
  159  district for these services. The interlocal agreement must
  160  include, but need not be limited to, the identification of fees
  161  that charter schools will be charged for such services. The fees
  162  must consist of the governmental entity’s fees plus a fee for
  163  the school district to recover no more than actual costs for
  164  providing such services. These services and fees are not
  165  included within the services to be provided pursuant to
  166  subsection (20).
  167         (6) APPLICATION PROCESS AND REVIEW.—Charter school
  168  applications are subject to the following requirements:
  169         (a) A person or entity seeking to open a charter school
  170  shall prepare and submit an application on the standard
  171  application form prepared by the Department of Education which:
  172         1. Demonstrates how the school will use the guiding
  173  principles and meet the statutorily defined purpose of a charter
  174  school.
  175         2. Provides a detailed curriculum plan that illustrates how
  176  students will be provided services to attain the Sunshine State
  177  Standards.
  178         3. Contains goals and objectives for improving student
  179  learning and measuring that improvement. These goals and
  180  objectives must indicate how much academic improvement students
  181  are expected to show each year, how success will be evaluated,
  182  and the specific results to be attained through instruction.
  183         4. Describes the reading curriculum and differentiated
  184  strategies that will be used for students reading at grade level
  185  or higher and a separate curriculum and strategies for students
  186  who are reading below grade level. A sponsor shall deny, or the
  187  commission shall recommend denial of, an application if the
  188  school does not propose a reading curriculum that is consistent
  189  with effective teaching strategies that are grounded in
  190  scientifically based reading research.
  191         5. Contains an annual financial plan for each year
  192  requested by the charter for operation of the school for up to 5
  193  years. This plan must contain anticipated fund balances based on
  194  revenue projections, a spending plan based on projected revenues
  195  and expenses, and a description of controls that will safeguard
  196  finances and projected enrollment trends.
  197         6. Discloses the name of each applicant, governing board
  198  member, and all proposed education services providers; the name
  199  and sponsor of any charter school operated by each applicant,
  200  each governing board member, and each proposed education
  201  services provider that has closed and the reasons for the
  202  closure; and the academic and financial history of such charter
  203  schools, which the sponsor or the commission, as applicable,
  204  shall consider in making a final determination on deciding
  205  whether to approve or deny the application.
  206         7. Contains additional information that the a sponsor or
  207  the commission may require, which must shall be attached as an
  208  addendum to the charter school application described in this
  209  paragraph.
  210         8. For the establishment of a virtual charter school,
  211  documents that the applicant has contracted with a provider of
  212  virtual instruction services pursuant to s. 1002.45(1)(d).
  213         (b) An applicant may submit an application to a sponsor or
  214  to the commission pursuant to subparagraph 1. The A sponsor or
  215  the commission, as applicable, shall receive and review all
  216  applications for a charter school using the evaluation
  217  instrument developed by the Department of Education. An
  218  applicant that submits an application to the commission must
  219  also provide a copy of the application to the sponsor within 3
  220  days after its submission to the commission A sponsor shall
  221  receive and consider charter school applications received on or
  222  before August 1 of each calendar year for charter schools to be
  223  opened at the beginning of the school district’s next school
  224  year, or to be opened at a time agreed to by the applicant and
  225  the sponsor. A sponsor may not refuse to receive a charter
  226  school application submitted before August 1 and may receive an
  227  application submitted later than August 1 if it chooses.
  228  Beginning in 2018 and thereafter, A sponsor or the commission,
  229  as applicable, shall receive and consider charter school
  230  applications received on or before February 1 of each calendar
  231  year for charter schools to be opened 18 months later at the
  232  beginning of the school district’s school year, or to be opened
  233  at a time determined by the applicant. A sponsor and the
  234  commission may not refuse to receive a charter school
  235  application submitted before February 1 and may receive an
  236  application submitted later than February 1 if the sponsor or
  237  the commission it chooses. A sponsor and the commission may not
  238  charge an applicant for a charter any fee for the processing or
  239  consideration of an application, and a sponsor and the
  240  commission may not base their its consideration or approval of a
  241  final application upon the promise of future payment of any
  242  kind. Before approving or denying any application, the sponsor
  243  or the commission, as applicable, shall allow the applicant,
  244  upon receipt of written notification, at least 7 calendar days
  245  to make technical or nonsubstantive corrections and
  246  clarifications, including, but not limited to, corrections of
  247  grammatical, typographical, and like errors or missing
  248  signatures, if such errors are identified by the sponsor or the
  249  commission as cause to deny the final application.
  250         1. The commission may receive and consider applications
  251  from:
  252         a. A high-performing charter school pursuant to s.
  253  1002.331.
  254         b. A high-performing charter school system pursuant to s.
  255  1002.332.
  256         c.A hope operator pursuant to s. 1002.333.
  257         2.1. In order to facilitate an accurate budget projection
  258  process, a sponsor shall be held harmless for FTE students who
  259  are not included in the FTE projection due to approval of
  260  charter school applications after the FTE projection deadline.
  261  In a further effort to facilitate an accurate budget projection,
  262  within 15 calendar days after receipt of a charter school
  263  application, a sponsor shall report to the Department of
  264  Education the name of the applicant entity, the proposed charter
  265  school location, and its projected FTE.
  266         3.2. In order to ensure fiscal responsibility, an
  267  application for a charter school shall include a full accounting
  268  of expected assets, a projection of expected sources and amounts
  269  of income, including income derived from projected student
  270  enrollments and from community support, and an expense
  271  projection that includes full accounting of the costs of
  272  operation, including start-up costs.
  273         4.a.3.a. A sponsor shall by a majority vote approve or
  274  deny, or the commission shall by majority vote recommend to
  275  approve or deny, an application no later than 90 calendar days
  276  after the application is received, unless the sponsor or the
  277  commission and the applicant mutually agree in writing to
  278  temporarily postpone the vote to a specific date, at which time
  279  the sponsor shall by a majority vote approve or deny, or the
  280  commission shall by a majority vote recommend to approve or
  281  deny, the application. If the sponsor or the commission fails to
  282  act on the application, an applicant may appeal to the State
  283  Board of Education as provided in paragraph (c). If an
  284  application is denied or recommended for denial, the sponsor or
  285  the commission shall, within 10 calendar days after such denial
  286  or recommendation for denial, articulate in writing the specific
  287  reasons, based upon good cause, supporting its denial or
  288  recommendation for denial of the application and shall provide
  289  the letter of denial or recommendation for denial and supporting
  290  documentation to the applicant and to the Department of
  291  Education.
  292         b. An application submitted by a high-performing charter
  293  school identified pursuant to s. 1002.331 or a high-performing
  294  charter school system identified pursuant to s. 1002.332 may be
  295  denied by the sponsor or recommended for denial by the
  296  commission only if the sponsor or the commission demonstrates by
  297  clear and convincing evidence that:
  298         (I) The application of a high-performing charter school
  299  does not materially comply with the requirements in paragraph
  300  (a) or, for a high-performing charter school system, the
  301  application does not materially comply with s. 1002.332(2)(b);
  302         (II) The charter school proposed in the application does
  303  not materially comply with the requirements in paragraphs
  304  (9)(a)-(f);
  305         (III) The proposed charter school’s educational program
  306  does not substantially replicate that of the applicant or one of
  307  the applicant’s high-performing charter schools;
  308         (IV) The applicant has made a material misrepresentation or
  309  false statement or concealed an essential or material fact
  310  during the application process; or
  311         (V) The proposed charter school’s educational program and
  312  financial management practices do not materially comply with the
  313  requirements of this section.
  314  
  315  Material noncompliance is a failure to follow requirements or a
  316  violation of prohibitions applicable to charter school
  317  applications, which failure is quantitatively or qualitatively
  318  significant either individually or when aggregated with other
  319  noncompliance. An applicant is considered to be replicating a
  320  high-performing charter school if the proposed school is
  321  substantially similar to at least one of the applicant’s high
  322  performing charter schools and the organization or individuals
  323  involved in the establishment and operation of the proposed
  324  school are significantly involved in the operation of replicated
  325  schools.
  326         c. If the sponsor denies or the commission recommends
  327  denial of an application submitted by a high-performing charter
  328  school or a high-performing charter school system, the sponsor
  329  or the commission, as applicable, must, within 10 calendar days
  330  after such denial, state in writing the specific reasons, based
  331  upon the criteria in sub-subparagraph b., supporting its denial
  332  or recommendation for denial of the application and must provide
  333  the letter of denial or recommendation for denial and supporting
  334  documentation to the applicant and to the Department of
  335  Education. The applicant may appeal the sponsor’s denial or the
  336  commission’s recommendation for denial of the application in
  337  accordance with paragraph (c).
  338         5.a.A sponsor may provide input to the commission within
  339  30 days after receiving a copy of the final application
  340  submitted to the commission. The commission must consider such
  341  input in reviewing the application.
  342         b. The commission must submit its recommendation for
  343  approval or denial of a charter school application to the State
  344  Board of Education for approval.
  345         c. The sponsor may appeal to the State Board of Education
  346  any recommendation to approve the application by the commission
  347  no later than 30 days after the commission’s decision. Upon
  348  receipt of notification from the State Board of Education that a
  349  sponsor is filing an appeal, the Commissioner of Education shall
  350  review the appeal and make recommendations to the State Board of
  351  Education regarding its pending decision. The commissioner shall
  352  report his or her recommendations to the State Board of
  353  Education at least 7 calendar days before the date on which the
  354  appeal is considered by the State Board of Education.
  355         d. The State Board of Education by majority vote shall
  356  accept or reject the recommendation of the commission to approve
  357  the application no later than 90 calendar days after an appeal
  358  is filed in accordance with State Board of Education rule. The
  359  sponsor shall implement the decision of the State Board of
  360  Education. The decision of the State Board of Education is not
  361  subject to chapter 120.
  362         6.4. For budget projection purposes, the sponsor or the
  363  commission, as applicable, shall report to the Department of
  364  Education the approval or denial, or recommendation for approval
  365  or denial, of an application within 10 calendar days after such
  366  approval or denial or recommendation for approval or denial. In
  367  the event of approval by the sponsor or the State Board of
  368  Education, as applicable, the report to the Department of
  369  Education shall include the final projected FTE for the approved
  370  charter school.
  371         7.5. Upon approval of an application, the initial startup
  372  shall commence with the beginning of the public school calendar
  373  for the district in which the charter is granted. A charter
  374  school may defer the opening of the school’s operations for up
  375  to 3 years to provide time for adequate facility planning. The
  376  charter school must provide written notice of such intent to the
  377  sponsor and the parents of enrolled students at least 30
  378  calendar days before the first day of school.
  379         (c)1. An applicant may appeal any denial of that
  380  applicant’s application or failure to act on an application by
  381  the sponsor to the State Board of Education no later than 30
  382  calendar days after receipt of the sponsor’s decision or failure
  383  to act and shall notify the sponsor of its appeal. Any response
  384  of the sponsor shall be submitted to the State Board of
  385  Education within 30 calendar days after notification of the
  386  appeal. Upon receipt of notification from the State Board of
  387  Education that a charter school applicant is filing an appeal,
  388  the commissioner of Education shall convene a meeting of the
  389  Charter School Appeal commission to study and make
  390  recommendations to the State Board of Education regarding its
  391  pending decision about the appeal. The commission shall forward
  392  its recommendation to the State Board of Education state board
  393  at least 7 calendar days before the date on which the appeal is
  394  to be heard.
  395         2. An applicant may appeal any recommendation to deny that
  396  applicant’s application or the failure by the commission to act
  397  on an application to the State Board of Education no later than
  398  30 calendar days after receipt of the commission’s decision or
  399  failure to act, and the applicant shall notify the commission of
  400  its appeal. The State Board of Education shall notify the
  401  commissioner of an applicant’s appeal. Upon receipt of
  402  notification from the State Board of Education that an applicant
  403  is filing an appeal of the commission’s recommendation, the
  404  commissioner shall review the appeal and make recommendations to
  405  the State Board of Education regarding its pending decision
  406  regarding the appeal. The commissioner shall report his or her
  407  recommendation to the State Board of Education at least 7
  408  calendar days before the date on which the appeal is considered.
  409         3.2. The Charter School Appeal commission or the
  410  commissioner may reject an appeal submission for failure to
  411  comply with procedural rules governing the appeals process. The
  412  rejection shall describe the submission errors. The appellant
  413  shall have 15 calendar days after notice of rejection in which
  414  to resubmit an appeal that meets the requirements set forth in
  415  State Board of Education rule. An appeal submitted subsequent to
  416  such rejection is considered timely if the original appeal was
  417  filed within 30 calendar days after receipt of notice of the
  418  specific reasons for the sponsor’s denial or commissions
  419  recommendation for denial of the charter application.
  420         4.a.3.a. The State Board of Education shall by majority
  421  vote accept or reject the decision of the sponsor or the
  422  commission no later than 90 calendar days after an appeal is
  423  filed in accordance with State Board of Education rule. The
  424  State Board of Education shall remand the application to the
  425  sponsor with its written decision that the sponsor approve or
  426  deny the application. The sponsor shall implement the decision
  427  of the State Board of Education. The decision of the State Board
  428  of Education is not subject to the provisions of the
  429  Administrative Procedure Act, chapter 120.
  430         b. If an appeal concerns an application submitted by a
  431  high-performing charter school identified pursuant to s.
  432  1002.331 or a high-performing charter school system identified
  433  pursuant to s. 1002.332, the State Board of Education shall
  434  determine whether the sponsor’s denial or the commission’s
  435  recommendation for denial was in accordance with sub
  436  subparagraph (b)4.b. sub-subparagraph (b)3.b.
  437         (d) The sponsor shall act upon the decision of the State
  438  Board of Education within 30 calendar days after it is received.
  439  The State Board of Education’s decision is a final action
  440  subject to judicial review in the district court of appeal.
  441         (e)1. The A Charter School Appeal Commission is established
  442  to review applications submitted pursuant to subparagraph (b)1.
  443  and to assist the commissioner and the State Board of Education
  444  with a fair and impartial review of appeals by applicants whose
  445  charter applications have been denied, whose charter contracts
  446  have not been renewed, or whose charter contracts have been
  447  terminated by their sponsors.
  448         2. The Charter School Appeal commission may receive copies
  449  of the appeal documents forwarded to the State Board of
  450  Education, review the documents, gather other applicable
  451  information regarding the appeal, and make a written
  452  recommendation to the commissioner. The recommendation must
  453  state whether the appeal should be upheld or denied and include
  454  the reasons for the recommendation being offered. The
  455  commissioner shall forward the recommendation to the State Board
  456  of Education no later than 7 calendar days prior to the date on
  457  which the appeal is to be heard. The State Board of Education
  458  state board must consider the commission’s recommendation in
  459  making its decision, but is not bound by the recommendation. The
  460  decision of the Charter School Appeal commission is not subject
  461  to the provisions of the Administrative Procedure Act, chapter
  462  120.
  463         3. The commissioner shall appoint a number of members to
  464  the Charter School Appeal commission sufficient to ensure that
  465  no potential conflict of interest exists for any commission
  466  application review or appeal decision. Members shall serve
  467  without compensation but may be reimbursed for travel and per
  468  diem expenses in conjunction with their service. Of the members
  469  reviewing the application or hearing the appeal, one-half must
  470  represent currently operating charter schools and one-half must
  471  represent sponsors. The commissioner or a named designee shall
  472  chair the Charter School Appeal commission.
  473         4. The chair shall convene meetings of the commission and
  474  shall ensure that the written recommendations are completed and
  475  forwarded in a timely manner. In cases in which where the
  476  commission cannot reach a decision, the chair shall make the
  477  written recommendation with justification, noting that the
  478  decision was rendered by the chair.
  479         5. Commission members shall thoroughly review the materials
  480  presented to them from the applicant appellant and the sponsor.
  481  The commission may request information to clarify the
  482  documentation presented to it. In the course of its review, the
  483  commission may facilitate the postponement of an appeal in those
  484  cases where additional time and communication may negate the
  485  need for a formal appeal and both parties agree, in writing, to
  486  postpone the appeal to the State Board of Education. A new date
  487  certain for the appeal shall then be set based upon the rules
  488  and procedures of the State Board of Education. Commission
  489  members shall provide a written recommendation to the State
  490  Board of Education state board as to whether the appeal should
  491  be upheld or denied. A fact-based justification for the
  492  recommendation must be included. The chair must ensure that the
  493  written recommendation is submitted to the State Board of
  494  Education members no later than 7 calendar days prior to the
  495  date on which the appeal is to be heard. Both parties in the
  496  case shall also be provided a copy of the recommendation.
  497         (f)1. The Department of Education shall provide or arrange
  498  for training and technical assistance to charter schools in
  499  developing and adjusting business plans and accounting for costs
  500  and income. Training and technical assistance shall also
  501  address, at a minimum, state and federal grant and student
  502  performance accountability reporting requirements and provide
  503  assistance in identifying and applying for the types and amounts
  504  of state and federal financial assistance the charter school may
  505  be eligible to receive. The department may provide other
  506  technical assistance to an applicant upon written request.
  507         2. A charter school applicant must participate in the
  508  training provided by the Department of Education after approval
  509  of an application but at least 30 calendar days before the first
  510  day of classes at the charter school. However, a sponsor may
  511  require the charter school applicant to attend training provided
  512  by the sponsor in lieu of the department’s training if the
  513  sponsor’s training standards meet or exceed the standards
  514  developed by the department. In such case, the sponsor may not
  515  require the charter school applicant to attend the training
  516  within 30 calendar days before the first day of classes at the
  517  charter school. The training must include instruction in
  518  accurate financial planning and good business practices. If the
  519  applicant is a management company or a nonprofit organization,
  520  the charter school principal and the chief financial officer or
  521  his or her equivalent must also participate in the training. A
  522  sponsor may not require a high-performing charter school or
  523  high-performing charter school system applicant to participate
  524  in the training described in this subparagraph more than once.
  525         (g) In considering charter applications for a lab school, a
  526  state university shall consult with the district school board of
  527  the county in which the lab school is located. The decision of a
  528  state university may be appealed pursuant to the procedure
  529  established in this subsection.
  530         (9) CHARTER SCHOOL REQUIREMENTS.—
  531         (r) If a sponsor chooses not to renew or to terminate a
  532  charter pursuant to paragraph (8)(a) or paragraph (8)(c), or if
  533  a charter school voluntarily closes before the end of a school
  534  year or within 1 year after beginning operations, excluding
  535  charter schools that close due to consolidation with another
  536  charter school, the applicant for the charter, the charter
  537  school owner, president, superintendent, principal, charter
  538  school governing board members, and the relatives of such
  539  applicant, owner, president, superintendent, principal, or
  540  governing board member may not submit an application to open a
  541  charter school in this state pursuant to subsection (6) for a
  542  period of 5 years after the charter is not renewed or is
  543  terminated or the charter school closes pursuant to this
  544  paragraph. If a charter school applicant, owner, president,
  545  superintendent, principal, or a member of a charter school
  546  governing board, a charter management organization, or an
  547  education management organization is convicted of a crime,
  548  including, but not limited to, fraud or financial offenses
  549  related to the operation of a charter school, such applicant,
  550  owner, president, superintendent, principal, or governing board
  551  member, including any relatives of such individuals, or the
  552  charter management organization or the education management
  553  organization, may not apply for a charter pursuant to subsection
  554  (6) or operate or manage a charter school in this state for a
  555  period of 10 years after such conviction. For the purpose of
  556  this paragraph, the term “relative” has the same meaning as
  557  specified under subparagraph (24)(a)2.
  558         Section 2. This act shall take effect July 1, 2021.