Florida Senate - 2024                                     SB 996
       
       
        
       By Senator Burgess
       
       
       
       
       
       23-01125-24                                            2024996__
    1                        A bill to be entitled                      
    2         An act relating to education; amending s. 1002.45,
    3         F.S.; requiring virtual instruction program providers
    4         and virtual charter schools to provide specified
    5         information to school districts; providing
    6         requirements for testing site locations; requiring
    7         school districts to provide certain students with
    8         access to the district testing facility and certain
    9         information; creating s. 1003.052, F.S.; requiring the
   10         Department of Education to create the Purple Star
   11         School District program; providing program
   12         requirements; authorizing the department to establish
   13         additional criteria; authorizing the State Board of
   14         Education to adopt rules; amending s. 1003.53, F.S.;
   15         authorizing district school boards to assign certain
   16         students to an alternative-to-expulsion program;
   17         providing that student eligibility to receive certain
   18         services may not be based solely on a student’s
   19         disability; deleting the definition of the term
   20         “second chance schools”; deleting provisions
   21         authorizing a district school board to open a second
   22         chance school; deleting provisions relating to second
   23         chance schools; requiring that an academic
   24         intervention plan be developed for students enrolled
   25         in dropout prevention and academic intervention
   26         programs; requiring a school principal to notify a
   27         parent or guardian in a specified manner regarding a
   28         student’s placement in such a program; amending s.
   29         1006.38, F.S.; requiring publishers and manufacturers
   30         of instructional materials to make available,
   31         electronically and freely, sample copies of
   32         instructional materials for a specified purpose;
   33         amending s. 1008.33, F.S.; revising a timeframe for a
   34         school district to provide the Department of Education
   35         with a memorandum of understanding; revising
   36         requirements for a district-managed turnaround plan;
   37         requiring a school district to continue to operate a
   38         school that closes and reopens as a charter school for
   39         the following school year and to execute a charter
   40         school turnaround contract with specified provisions;
   41         prohibiting the school district from reducing or
   42         removing resources from such school during a certain
   43         timeframe; requiring a charter school operator to
   44         provide enrollment preference to certain students
   45         following a charter school turnaround; requiring the
   46         school district to consult and negotiate with the
   47         charter school every 3 years regarding the attendance
   48         zone; requiring the charter school operator to serve
   49         the existing grade levels served by the school;
   50         prohibiting the school district from charging a rental
   51         or leasing fee; prohibiting the school district from
   52         withholding an administrative fee for certain
   53         services; requiring the State Board of Education to
   54         adopt rules relating to specified timelines; making
   55         technical changes; amending s. 1012.79, F.S.;
   56         authorizing the Commissioner of Education to appoint
   57         and remove an executive director of the Education
   58         Practices Commission; making technical changes;
   59         amending ss. 1002.33, 1002.332, 1002.333, 1008.34, and
   60         1011.62, F.S.; conforming cross-references; providing
   61         an effective date.
   62          
   63  Be It Enacted by the Legislature of the State of Florida:
   64  
   65         Section 1. Paragraph (b) of subsection (5) of section
   66  1002.45, Florida Statutes, is amended to read:
   67         1002.45 Virtual instruction programs.—
   68         (5) STUDENT PARTICIPATION REQUIREMENTS.—Each student
   69  enrolled in the school district’s virtual instruction program
   70  authorized pursuant to paragraph (1)(c) must:
   71         (b) Take statewide assessments pursuant to s. 1008.22 and
   72  participate in the coordinated screening and progress monitoring
   73  system under s. 1008.25(9). Statewide assessments and progress
   74  monitoring may be administered within the school district in
   75  which such student resides, or as specified in the contract in
   76  accordance with s. 1008.24(3). If requested by the approved
   77  virtual instruction program provider or virtual charter school,
   78  the district of residence must provide the student with access
   79  to the district’s testing facilities.
   80         1. The virtual instruction program provider or virtual
   81  charter school shall provide to the school district a list of
   82  students to be tested, which includes student names, Florida
   83  Education Identifiers, grade levels, assessments to be
   84  administered, and contact information.
   85         2. Unless an alternative testing site is mutually agreed to
   86  by the virtual instruction program provider or virtual charter
   87  school and the school district, or as contracted under s.
   88  1008.24, all progress monitoring under s. 1008.25(9) and
   89  statewide assessments must be taken at the school to which the
   90  student would be assigned according to district school board
   91  attendance areas.
   92         3. A school district shall provide the student with access
   93  to the school or district testing facilities and the date and
   94  time of the administration of each statewide assessment.
   95         Section 2. Section 1003.052, Florida Statutes, is created
   96  to read:
   97         1003.052 Purple Star School Districts.—
   98         (1)(a)The Department of Education shall establish the
   99  Purple Star School District program. At a minimum, the program
  100  shall require a participating school district to:
  101         1.Have at least 75 percent of the schools in the school
  102  district designated as a Purple Star School of Distinction
  103  according to s. 1003.051.
  104         2.Maintain a web page on the school district’s web site
  105  which includes resources for military students and their
  106  families and provides a link to each Purple Star School of
  107  Distinction’s military web page.
  108         (b)The department may establish additional criteria to
  109  identify school districts that demonstrate a commitment to or
  110  provide critical coordination of services for military-connected
  111  families, such as establishing a council consisting of a
  112  representative from each Purple Star School of Distinction in
  113  the school district and one school district-level representative
  114  to ensure alignment of military student-focused policies and
  115  procedures within the school district.
  116         (2)The State Board of Education may adopt rules to
  117  implement this section.
  118         Section 3. Paragraphs (a) and (d) of subsection (1),
  119  paragraph (a) of subsection (2), and subsections (3), (4), and
  120  (5) of section 1003.53, Florida Statutes, are amended, and
  121  paragraph (c) is added to subsection (2) of that section, to
  122  read:
  123         1003.53 Dropout prevention and academic intervention.—
  124         (1)(a) Dropout prevention and academic intervention
  125  programs may differ from traditional educational programs and
  126  schools in scheduling, administrative structure, philosophy,
  127  curriculum, or setting and shall employ alternative teaching
  128  methodologies, curricula, learning activities, and diagnostic
  129  and assessment procedures in order to meet the needs, interests,
  130  abilities, and talents of eligible students. The educational
  131  program shall provide curricula, character development and law
  132  education, and related services that support the program goals
  133  and lead to improved performance in the areas of academic
  134  achievement, attendance, and discipline. Student participation
  135  in such programs is shall be voluntary. District school boards
  136  may, however, assign students to a disciplinary program for
  137  disruptive students or an alternative-to-expulsion program
  138  pursuant to s. 1006.13. Notwithstanding any other provision of
  139  law to the contrary, a no student may not shall be identified as
  140  being eligible to receive services funded through the dropout
  141  prevention and academic intervention program based solely on the
  142  student being from a single-parent family or based on a
  143  disability.
  144         (d)1. “Second chance schools” means district school board
  145  programs provided through cooperative agreements between the
  146  Department of Juvenile Justice, private providers, state or
  147  local law enforcement agencies, or other state agencies for
  148  students who have been disruptive or violent or who have
  149  committed serious offenses. As partnership programs, second
  150  chance schools are eligible for waivers by the Commissioner of
  151  Education from State Board of Education rules that prevent the
  152  provision of appropriate educational services to violent,
  153  severely disruptive, or delinquent students in small
  154  nontraditional settings or in court-adjudicated settings.
  155         2. District school boards seeking to enter into a
  156  partnership with a private entity or public entity to operate a
  157  second chance school for disruptive students may apply to the
  158  Department of Education for startup grants. These grants must be
  159  available for 1 year and must be used to offset the startup
  160  costs for implementing such programs off public school campuses.
  161  General operating funds must be generated through the
  162  appropriate programs of the Florida Education Finance Program.
  163  Grants approved under this program shall be for the full
  164  operation of the school by a private nonprofit or for-profit
  165  provider or the public entity. This program must operate under
  166  rules adopted by the State Board of Education and be implemented
  167  to the extent funded by the Legislature.
  168         3. A student enrolled in a sixth, seventh, eighth, ninth,
  169  or tenth grade class may be assigned to a second chance school
  170  if the student meets the following criteria:
  171         a. The student is a habitual truant as defined in s.
  172  1003.01.
  173         b. The student’s excessive absences have detrimentally
  174  affected the student’s academic progress and the student may
  175  have unique needs that a traditional school setting may not
  176  meet.
  177         c. The student’s high incidences of truancy have been
  178  directly linked to a lack of motivation.
  179         d. The student has been identified as at risk of dropping
  180  out of school.
  181         4. A student who is habitually truant may be assigned to a
  182  second chance school only if the case staffing committee,
  183  established pursuant to s. 984.12, determines that such
  184  placement could be beneficial to the student and the criteria
  185  included in subparagraph 3. are met.
  186         5. A student may be assigned to a second chance school if
  187  the district school board in which the student resides has a
  188  second chance school and if the student meets one of the
  189  following criteria:
  190         a. The student habitually exhibits disruptive behavior in
  191  violation of the code of student conduct adopted by the district
  192  school board.
  193         b. The student interferes with the student’s own learning
  194  or the educational process of others and requires attention and
  195  assistance beyond that which the traditional program can
  196  provide, or, while the student is under the jurisdiction of the
  197  school either in or out of the classroom, frequent conflicts of
  198  a disruptive nature occur.
  199         c. The student has committed a serious offense which
  200  warrants suspension or expulsion from school according to the
  201  district school board’s code of student conduct. For the
  202  purposes of this program, “serious offense” is behavior which:
  203         (I) Threatens the general welfare of students or others
  204  with whom the student comes into contact;
  205         (II) Includes violence;
  206         (III) Includes possession of weapons or drugs; or
  207         (IV) Is harassment or verbal abuse of school personnel or
  208  other students.
  209         6. Prior to assignment of students to second chance
  210  schools, district school boards are encouraged to use
  211  alternative programs, such as in-school suspension, which
  212  provide instruction and counseling leading to improved student
  213  behavior, a reduction in the incidence of truancy, and the
  214  development of more effective interpersonal skills.
  215         7. Students assigned to second chance schools must be
  216  evaluated by the district school board’s child study team before
  217  placement in a second chance school. The study team shall ensure
  218  that students are not eligible for placement in a program for
  219  emotionally disturbed children.
  220         8. Students who exhibit academic and social progress and
  221  who wish to return to a traditional school shall complete a
  222  character development and law education program and demonstrate
  223  preparedness to reenter the regular school setting prior to
  224  reentering a traditional school.
  225         (2)(a) Each district school board may establish dropout
  226  prevention and academic intervention programs at the elementary,
  227  middle, junior high school, or high school level. Programs
  228  designed to eliminate patterns of excessive absenteeism or
  229  habitual truancy shall emphasize academic performance and may
  230  provide specific instruction in the areas of career education,
  231  preemployment training, and behavioral management. Such programs
  232  shall utilize instructional teaching methods and student
  233  services leading to improved student behavior appropriate to the
  234  specific needs of the student.
  235         (c) For each student enrolled in a dropout prevention and
  236  academic intervention program or school, an academic
  237  intervention plan must be developed to address eligibility for
  238  placement in the program, individualized student goals, and
  239  progress monitoring procedures. An exceptional student education
  240  student’s academic intervention plan must be consistent with the
  241  student’s individual education plan.
  242         (3) Each district school board offering receiving state
  243  funding for dropout prevention and academic intervention
  244  programs through the General Appropriations Act shall submit
  245  information through an annual report to the Department of
  246  Education’s database documenting the extent to which each of the
  247  district’s dropout prevention and academic intervention programs
  248  has been successful in the areas of graduation rate, dropout
  249  rate, attendance rate, and retention/promotion rate. The
  250  department shall compile this information into an annual report
  251  which shall be submitted to the presiding officers of the
  252  Legislature by February 15.
  253         (4) Each district school board shall establish course
  254  standards, as defined by rule of the State Board of Education,
  255  for dropout prevention and academic intervention programs which
  256  are qualified pursuant to s. 1012.55 and procedures for ensuring
  257  that teachers assigned to the programs possess the affective,
  258  pedagogical, and content-related skills necessary to meet the
  259  needs of these students.
  260         (5) Each district school board providing a dropout
  261  prevention and academic intervention program pursuant to this
  262  section shall maintain for each participating student records
  263  documenting the student’s eligibility, the length of
  264  participation, the type of program to which the student was
  265  assigned or the type of academic intervention services provided,
  266  and an evaluation of the student’s academic and behavioral
  267  performance while in the program. The school principal or his or
  268  her designee shall, prior to placement in a dropout prevention
  269  and academic intervention program or the provision of an
  270  academic service, provide written notice of placement or
  271  services by certified mail, return receipt requested, to the
  272  student’s parent or guardian of the student. Reasonable efforts
  273  must also be made by the principal to notify the parent or
  274  guardian by telephone or e-mail, or both, and these efforts must
  275  be documented. The parent or guardian of the student shall sign
  276  an acknowledgment of the notice of placement or service and
  277  return the signed acknowledgment to the principal within 3 days
  278  after receipt of the notice. The parent or guardian parents of a
  279  student assigned to such a dropout prevention and academic
  280  intervention program shall be notified in writing and entitled
  281  to an administrative review of any action by school personnel
  282  relating to such placement pursuant to the provisions of chapter
  283  120.
  284         Section 4. Present subsections (3) through (16) of section
  285  1006.38, Florida Statutes, are redesignated as subsections (4)
  286  through (17), respectively, a new subsection (3) is added to
  287  that section, and present subsections (14) and (16) of that
  288  section are amended, to read:
  289         1006.38 Duties, responsibilities, and requirements of
  290  instructional materials publishers and manufacturers.—This
  291  section applies to both the state and district approval
  292  processes. Publishers and manufacturers of instructional
  293  materials, or their representatives, shall:
  294         (3) Make available, electronically and freely, sample
  295  copies of instructional materials found on the Commissioner of
  296  Education’s adopted list for each adoption cycle for online use
  297  by institutions and programs that prepare candidates for teacher
  298  preparation as defined in ss. 1004.04 and 1004.85 so that
  299  teacher preparation candidates can practice teaching with
  300  currently adopted instructional materials aligned to state
  301  academic standards.
  302         (15)(14) Accurately and fully disclose only the names of
  303  those persons who actually authored the instructional materials.
  304  In addition to the penalties provided in subsection (17) (16),
  305  the commissioner may remove from the list of state-adopted
  306  instructional materials those instructional materials whose
  307  publisher or manufacturer misleads the purchaser by falsely
  308  representing genuine authorship.
  309         (17)(16) Upon the willful failure of the publisher or
  310  manufacturer to comply with the requirements of this section, be
  311  liable to the department in the amount of three times the total
  312  sum which the publisher or manufacturer was paid in excess of
  313  the price required under subsections (6) (5) and (7) (6) and in
  314  the amount of three times the total value of the instructional
  315  materials and services which the district school board is
  316  entitled to receive free of charge under subsection (8) (7).
  317         Section 5. Subsections (4) and (5) of section 1008.33,
  318  Florida Statutes, are amended to read:
  319         1008.33 Authority to enforce public school improvement.—
  320         (4)(a) The state board shall apply intensive intervention
  321  and support strategies tailored to the needs of schools earning
  322  two consecutive grades of “D” or a grade of “F.” In the first
  323  full school year after a school initially earns a grade of “D,”
  324  the school district must immediately implement intervention and
  325  support strategies prescribed in rule under paragraph (3)(c).
  326         (b) For a school that initially earns a grade of “F” or a
  327  second consecutive grade of “D,” the school district must either
  328  continue implementing or immediately begin implementing
  329  intervention and support strategies prescribed in rule under
  330  paragraph (3)(c) and provide the department, by August September
  331  1, with the memorandum of understanding negotiated pursuant to
  332  s. 1001.42(21) and, by October 1, a district-managed turnaround
  333  plan for approval by the state board. The plan must include
  334  measurable academic benchmarks that put the school on a path to
  335  earning and maintaining a grade of “C” or higher The district
  336  managed turnaround plan may include a proposal for the district
  337  to implement an extended school day, a summer program, a
  338  combination of an extended school day and a summer program, or
  339  any other option authorized under paragraph (b) for state board
  340  approval. A school district is not required to wait until a
  341  school earns a second consecutive grade of “D” to submit a
  342  turnaround plan for approval by the state board under this
  343  paragraph. Upon approval by the state board, the school district
  344  must implement the plan for the remainder of the school year and
  345  continue the plan for 1 full school year. The state board may
  346  allow a school an additional year of implementation before the
  347  school must implement a turnaround option required under
  348  paragraph (c) (b) if it determines that the school is likely to
  349  improve to a grade of “C” or higher after the first full school
  350  year of implementation.
  351         (c)(b) Unless an additional year of implementation is
  352  provided pursuant to paragraph (a) or paragraph (b), a school
  353  that completes a plan cycle under paragraph (a) or paragraph (b)
  354  and does not improve to a grade of “C” or higher must implement
  355  one of the following:
  356         1. Reassign students to another school and monitor the
  357  progress of each reassigned student.;
  358         2. Close the school and reopen the school as one or more
  359  charter schools, each with a governing board that has a
  360  demonstrated record of effectiveness.; or
  361         a.The school district shall continue to operate the school
  362  for the following school year and no later than October 1
  363  execute a charter school turnaround contract that will allow the
  364  charter school an opportunity to conduct an evaluation of the
  365  educational program and personnel currently assigned to the
  366  school during the year in preparation for assuming full
  367  operational control of the school and facility by July 1. The
  368  school district may not reduce or remove resources from the
  369  school during this time.
  370         b.The charter school operator shall provide enrollment
  371  preference to students currently attending or who would have
  372  otherwise attended or been zoned for the school. The school
  373  district shall consult and negotiate with the charter school
  374  every 3 years to determine whether realignment of the attendance
  375  zone is appropriate to ensure that students residing closest to
  376  the school are provided with an enrollment preference.
  377         c.The charter school operator shall serve the existing
  378  grade levels served by the school at its current enrollment or
  379  higher but may, at its discretion, serve additional grade
  380  levels.
  381         d.The school district may not charge a rental or leasing
  382  fee for the existing facility or for the property normally
  383  inventoried to the school. The school and school district shall
  384  agree to reasonable maintenance provisions in order to maintain
  385  the facility in a manner similar to all other school facilities
  386  in the district.
  387         e.The school district may not withhold an administrative
  388  fee for the provision of services identified in s.
  389  1002.33(20)(a).
  390         3. Contract with an outside entity that has a demonstrated
  391  record of effectiveness to provide turnaround services
  392  identified in state board rule, which may include school
  393  leadership, educational modalities, teacher and leadership
  394  professional development, curriculum, operation and management
  395  services, school-based administrative staffing, budgeting,
  396  scheduling, other educational service provider functions, or any
  397  combination thereof. Selection of an outside entity may include
  398  one or a combination of the following:
  399         a. An external operator, which may be a district-managed
  400  charter school or a high-performing charter school network in
  401  which all instructional personnel are not employees of the
  402  school district, but are employees of an independent governing
  403  board composed of members who did not participate in the review
  404  or approval of the charter.
  405         b. A contractual agreement that allows for a charter school
  406  network or any of its affiliated subsidiaries to provide
  407  individualized consultancy services tailored to address the
  408  identified needs of one or more schools under this section.
  409  
  410  A school district and outside entity under this subparagraph
  411  must enter, at minimum, a 2-year, performance-based contract.
  412  The contract must include school performance and growth metrics
  413  the outside entity must meet on an annual basis. The state board
  414  may require the school district to modify or cancel the
  415  contract.
  416         (d)(c) Implementation of the turnaround option is no longer
  417  required if the school improves to a grade of “C” or higher.
  418         (e)(d) If a school earning two consecutive grades of “D” or
  419  a grade of “F” does not improve to a grade of “C” or higher
  420  after 2 school years of implementing the turnaround option
  421  selected by the school district under paragraph (c) (b), the
  422  school district must implement another turnaround option.
  423  Implementation of the turnaround option must begin the school
  424  year following the implementation period of the existing
  425  turnaround option, unless the state board determines that the
  426  school is likely to improve to a grade of “C” or higher if
  427  additional time is provided to implement the existing turnaround
  428  option.
  429         (5) The state board shall adopt rules pursuant to ss.
  430  120.536(1) and 120.54 to administer this section. The rules
  431  shall include timelines for submission of implementation plans,
  432  approval criteria for implementation plans, and timelines for
  433  implementing intervention and support strategies, a standard
  434  charter school turnaround contract, standard facility lease, and
  435  mutual management agreement. The state board shall consult with
  436  education stakeholders in developing the rules.
  437         Section 6. Subsection (5), paragraph (a) of subsection (6),
  438  and subsection (9) of section 1012.79, Florida Statutes, are
  439  amended to read:
  440         1012.79 Education Practices Commission; organization.—
  441         (5) The appointment and removal of commission, by a vote of
  442  three-fourths of the membership, shall employ an executive
  443  director, who shall be exempt from career service, is at the
  444  discretion of the Commissioner of Education. The executive
  445  director may be dismissed by a majority vote of the membership.
  446         (6)(a) The commission shall be assigned to the Department
  447  of Education for administrative and fiscal accountability
  448  purposes. The commission, in the performance of its powers and
  449  duties, is shall not be subject to control, supervision, or
  450  direction by the Department of Education.
  451         (9) The commission shall make such expenditures as may be
  452  necessary in exercising its authority and powers and carrying
  453  out its duties and responsibilities, including expenditures for
  454  personal services, legal services general counsel or access to
  455  counsel, and rent at the seat of government and elsewhere; for
  456  books of reference, periodicals, furniture, equipment, and
  457  supplies; and for printing and binding. The expenditures of the
  458  commission are shall be subject to the powers and duties of the
  459  Department of Financial Services as provided in s. 17.03.
  460         Section 7. Paragraph (n) of subsection (9) of section
  461  1002.33, Florida Statutes, is amended to read:
  462         1002.33 Charter schools.—
  463         (9) CHARTER SCHOOL REQUIREMENTS.—
  464         (n)1. The director and a representative of the governing
  465  board of a charter school that has earned a grade of “D” or “F”
  466  pursuant to s. 1008.34 shall appear before the sponsor to
  467  present information concerning each contract component having
  468  noted deficiencies. The director and a representative of the
  469  governing board shall submit to the sponsor for approval a
  470  school improvement plan to raise student performance. Upon
  471  approval by the sponsor, the charter school shall begin
  472  implementation of the school improvement plan. The department
  473  shall offer technical assistance and training to the charter
  474  school and its governing board and establish guidelines for
  475  developing, submitting, and approving such plans.
  476         2.a. If a charter school earns three consecutive grades
  477  below a “C,” the charter school governing board shall choose one
  478  of the following corrective actions:
  479         (I) Contract for educational services to be provided
  480  directly to students, instructional personnel, and school
  481  administrators, as prescribed in state board rule;
  482         (II) Contract with an outside entity that has a
  483  demonstrated record of effectiveness to operate the school;
  484         (III) Reorganize the school under a new director or
  485  principal who is authorized to hire new staff; or
  486         (IV) Voluntarily close the charter school.
  487         b. The charter school must implement the corrective action
  488  in the school year following receipt of a third consecutive
  489  grade below a “C.”
  490         c. The sponsor may annually waive a corrective action if it
  491  determines that the charter school is likely to improve a letter
  492  grade if additional time is provided to implement the
  493  intervention and support strategies prescribed by the school
  494  improvement plan. Notwithstanding this sub-subparagraph, a
  495  charter school that earns a second consecutive grade of “F” is
  496  subject to subparagraph 3.
  497         d. A charter school is no longer required to implement a
  498  corrective action if it improves to a “C” or higher. However,
  499  the charter school must continue to implement strategies
  500  identified in the school improvement plan. The sponsor must
  501  annually review implementation of the school improvement plan to
  502  monitor the school’s continued improvement pursuant to
  503  subparagraph 4.
  504         e. A charter school implementing a corrective action that
  505  does not improve to a “C” or higher after 2 full school years of
  506  implementing the corrective action must select a different
  507  corrective action. Implementation of the new corrective action
  508  must begin in the school year following the implementation
  509  period of the existing corrective action, unless the sponsor
  510  determines that the charter school is likely to improve to a “C”
  511  or higher if additional time is provided to implement the
  512  existing corrective action. Notwithstanding this sub
  513  subparagraph, a charter school that earns a second consecutive
  514  grade of “F” while implementing a corrective action is subject
  515  to subparagraph 3.
  516         3. A charter school’s charter contract is automatically
  517  terminated if the school earns two consecutive grades of “F”
  518  after all school grade appeals are final unless:
  519         a. The charter school is established to turn around the
  520  performance of a district public school pursuant to s.
  521  1008.33(4)(c)2. s. 1008.33(4)(b)2. Such charter schools shall be
  522  governed by s. 1008.33;
  523         b. The charter school serves a student population the
  524  majority of which resides in a school zone served by a district
  525  public school subject to s. 1008.33(4) and the charter school
  526  earns at least a grade of “D” in its third year of operation.
  527  The exception provided under this sub-subparagraph does not
  528  apply to a charter school in its fourth year of operation and
  529  thereafter; or
  530         c. The state board grants the charter school a waiver of
  531  termination. The charter school must request the waiver within
  532  15 days after the department’s official release of school
  533  grades. The state board may waive termination if the charter
  534  school demonstrates that the Learning Gains of its students on
  535  statewide assessments are comparable to or better than the
  536  Learning Gains of similarly situated students enrolled in nearby
  537  public schools. The waiver is valid for 1 year and may only be
  538  granted once. Charter schools that have been in operation for
  539  more than 5 years are not eligible for a waiver under this sub
  540  subparagraph.
  541  
  542  The sponsor shall notify the charter school’s governing board,
  543  the charter school principal, and the department in writing when
  544  a charter contract is terminated under this subparagraph. A
  545  charter terminated under this subparagraph must follow the
  546  procedures for dissolution and reversion of public funds
  547  pursuant to paragraphs (8)(d)-(f) and (9)(o).
  548         4. The director and a representative of the governing board
  549  of a graded charter school that has implemented a school
  550  improvement plan under this paragraph shall appear before the
  551  sponsor at least once a year to present information regarding
  552  the progress of intervention and support strategies implemented
  553  by the school pursuant to the school improvement plan and
  554  corrective actions, if applicable. The sponsor shall communicate
  555  at the meeting, and in writing to the director, the services
  556  provided to the school to help the school address its
  557  deficiencies.
  558         5. Notwithstanding any provision of this paragraph except
  559  sub-subparagraphs 3.a.-c., the sponsor may terminate the charter
  560  at any time pursuant to subsection (8).
  561         Section 8. Paragraph (b) of subsection (1) of section
  562  1002.332, Florida Statutes, is amended to read:
  563         1002.332 High-performing charter school system.—
  564         (1) For purposes of this section, the term:
  565         (b) “High-performing charter school system” means an entity
  566  that:
  567         1. Operated at least three high-performing charter schools
  568  in the state during each of the previous 3 school years;
  569         2. Operated a system of charter schools in which at least
  570  50 percent of the charter schools were high-performing charter
  571  schools pursuant to s. 1002.331 and no charter school earned a
  572  school grade of “D” or “F” pursuant to s. 1008.34 in any of the
  573  previous 3 school years regardless of whether the entity
  574  currently operates the charter school, except that:
  575         a. If the entity assumed operation of a public school
  576  pursuant to s. 1008.33(4)(c)2. s. 1008.33(4)(b)2. with a school
  577  grade of “F,” that school’s grade may not be considered in
  578  determining high-performing charter school system status for a
  579  period of 3 years.
  580         b. If the entity established a new charter school that
  581  served a student population the majority of which resided in a
  582  school zone served by a public school that earned a grade of “F”
  583  or three consecutive grades of “D” pursuant to s. 1008.34, that
  584  charter school’s grade may not be considered in determining
  585  high-performing charter school system status if it attained and
  586  maintained a school grade that was higher than that of the
  587  public school serving that school zone within 3 years after
  588  establishment; and
  589         3. Did not receive a financial audit that revealed one or
  590  more of the financial emergency conditions set forth in s.
  591  218.503(1) for any charter school assumed or established by the
  592  entity in the most recent 3 fiscal years for which such audits
  593  are available.
  594         Section 9. Paragraph (d) of subsection (1) and subsection
  595  (2) of section 1002.333, Florida Statutes, are amended to read:
  596         1002.333 Persistently low-performing schools.—
  597         (1) DEFINITIONS.—As used in this section, the term:
  598         (d) “School of hope” means:
  599         1. A charter school operated by a hope operator which:
  600         a. Serves students from one or more persistently low
  601  performing schools and students who reside in a Florida
  602  Opportunity Zone;
  603         b. Is located in a Florida Opportunity Zone or in the
  604  attendance zone of a persistently low-performing school or
  605  within a 5-mile radius of such school, whichever is greater; and
  606         c. Is a Title I eligible school; or
  607         2. A school operated by a hope operator pursuant to s.
  608  1008.33(4)(c)3. s. 1008.33(4)(b)3.
  609         (2) HOPE OPERATOR.—A hope operator is a nonprofit
  610  organization with tax exempt status under s. 501(c)(3) of the
  611  Internal Revenue Code that operates three or more charter
  612  schools that serve students in grades K-12 in Florida or other
  613  states with a record of serving students from low-income
  614  families and is designated by the State Board of Education as a
  615  hope operator based on a determination that:
  616         (a) The past performance of the hope operator meets or
  617  exceeds the following criteria:
  618         1. The achievement of enrolled students exceeds the
  619  district and state averages of the states in which the
  620  operator’s schools operate;
  621         2. The average college attendance rate at all schools
  622  currently operated by the operator exceeds 80 percent, if such
  623  data is available;
  624         3. The percentage of students eligible for a free or
  625  reduced price lunch under the National School Lunch Act enrolled
  626  at all schools currently operated by the operator exceeds 70
  627  percent;
  628         4. The operator is in good standing with the authorizer in
  629  each state in which it operates;
  630         5. The audited financial statements of the operator are
  631  free of material misstatements and going concern issues; and
  632         6. Other outcome measures as determined by the State Board
  633  of Education;
  634         (b) The operator was awarded a United States Department of
  635  Education Charter School Program Grant for Replication and
  636  Expansion of High-Quality Charter Schools within the preceding 3
  637  years before applying to be a hope operator;
  638         (c) The operator receives funding through the National Fund
  639  of the Charter School Growth Fund to accelerate the growth of
  640  the nation’s best charter schools; or
  641         (d) The operator is selected by a district school board in
  642  accordance with s. 1008.33.
  643  
  644  An entity that meets the requirements of paragraph (b),
  645  paragraph (c), or paragraph (d) before the adoption by the state
  646  board of measurable criteria pursuant to paragraph (a) shall be
  647  designated as a hope operator. After the adoption of the
  648  measurable criteria, an entity, including a governing board that
  649  operates a school established pursuant to s. 1008.33(4)(c)3. s.
  650  1008.33(4)(b)3., shall be designated as a hope operator if it
  651  meets the criteria of paragraph (a).
  652         Section 10. Paragraph (b) of subsection (7) of section
  653  1008.34, Florida Statutes, is amended to read:
  654         1008.34 School grading system; school report cards;
  655  district grade.—
  656         (7) TRANSITION.—To assist in the transition to 2022-2023
  657  school grades and district grades calculated based on the
  658  comprehensive, end-of-year progress monitoring assessment under
  659  s. 1008.25(9), the 2022-2023 school grades and district grades
  660  shall serve as an informational baseline for schools and
  661  districts to work toward improved performance in future years.
  662  Accordingly, notwithstanding any other provision of law:
  663         (b) A school may not be required to select and implement a
  664  turnaround option pursuant to s. 1008.33 in the 2023-2024 school
  665  year based on the school’s 2022-2023 grade. The benefits of s.
  666  1008.33(4)(d) s. 1008.33(4)(c), relating to a school being
  667  released from implementation of the turnaround option, and s.
  668  1008.33(4)(e) s. 1008.33(4)(d), relating to a school
  669  implementing strategies identified in its school improvement
  670  plan, apply to a school using turnaround options pursuant to s.
  671  1008.33 which improves to a grade of “C” or higher during the
  672  2022-2023 school year.
  673  
  674  This subsection is repealed July 1, 2025.
  675         Section 11. Paragraph (b) of subsection (7) of section
  676  1011.62, Florida Statutes, is amended to read:
  677         1011.62 Funds for operation of schools.—If the annual
  678  allocation from the Florida Education Finance Program to each
  679  district for operation of schools is not determined in the
  680  annual appropriations act or the substantive bill implementing
  681  the annual appropriations act, it shall be determined as
  682  follows:
  683         (7) EDUCATIONAL ENRICHMENT ALLOCATION.—
  684         (b) For district-managed turnaround schools as identified
  685  in s. 1008.33(4)(b) s. 1008.33(4)(a), schools that earn three
  686  consecutive grades below a “C,” as identified in s.
  687  1008.33(4)(c)3. s. 1008.33(4)(b)3., and schools that have
  688  improved to a “C” and are no longer in turnaround status, as
  689  identified in s. 1008.33(4)(d) s. 1008.33(4)(c), a supplemental
  690  amount shall be added to their educational enrichment allocation
  691  for purposes of implementing the intervention and support
  692  strategies identified in the turnaround plan submitted pursuant
  693  to s. 1008.33.
  694         1. The supplemental amount shall be based on the unweighted
  695  full-time equivalent student enrollment at the eligible schools
  696  and a per full-time equivalent funding amount of $500 or as
  697  provided in the General Appropriations Act.
  698         2. Services funded by the allocation may include, but are
  699  not limited to, tutorial and afterschool programs, student
  700  counseling, nutrition education, parental counseling, and an
  701  extended school day and school year. In addition, services may
  702  include models that develop a culture that encourages students
  703  to complete high school and to attend college or career
  704  training, set high academic expectations, and inspire character
  705  development.
  706         3. A school district may enter into a formal agreement with
  707  a nonprofit organization that has tax-exempt status under s.
  708  501(c)(3) of the Internal Revenue Code to implement an
  709  integrated student support service model that provides students
  710  and families with access to wrap-around services, including, but
  711  not limited to, health services, after-school programs, drug
  712  prevention programs, college and career readiness programs, and
  713  food and clothing banks.
  714         Section 12. This act shall take effect July 1, 2024.