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The Florida Senate

2018 Florida Statutes

Title XLVIII K-20 EDUCATION CODE
Chapter 1002 STUDENT AND PARENTAL RIGHTS AND EDUCATIONAL CHOICES Entire Chapter
SECTION 333
Persistently low-performing schools.
F.S. 1002.333
1002.333 Persistently low-performing schools.—
(1) DEFINITIONS.—As used in this section, the term:
(a) “Hope operator” means an entity identified by the department pursuant to subsection (2).
(b) “Persistently low-performing school” means a school that has earned three consecutive grades lower than a “C,” pursuant to s. 1008.34, and a school that was closed pursuant to s. 1008.33(4) within 2 years after the submission of a notice of intent.
(c) “School of hope” means:
1. A charter school operated by a hope operator which serves students from one or more persistently low-performing schools; is located in the attendance zone of a persistently low-performing school or within a 5-mile radius of such school, whichever is greater; and is a Title I eligible school; or
2. A school operated by a hope operator pursuant to s. 1008.33(4)(b)3.
(2) HOPE OPERATOR.—A hope operator is a nonprofit organization with tax exempt status under s. 501(c)(3) of the Internal Revenue Code that operates three or more charter schools that serve students in grades K-12 in Florida or other states with a record of serving students from low-income families and is designated by the State Board of Education as a hope operator based on a determination that:
(a) The past performance of the hope operator meets or exceeds the following criteria:
1. The achievement of enrolled students exceeds the district and state averages of the states in which the operator’s schools operate;
2. The average college attendance rate at all schools currently operated by the operator exceeds 80 percent, if such data is available;
3. The percentage of students eligible for a free or reduced price lunch under the National School Lunch Act enrolled at all schools currently operated by the operator exceeds 70 percent;
4. The operator is in good standing with the authorizer in each state in which it operates;
5. The audited financial statements of the operator are free of material misstatements and going concern issues; and
6. Other outcome measures as determined by the State Board of Education;
(b) The operator was awarded a United States Department of Education Charter School Program Grant for Replication and Expansion of High-Quality Charter Schools within the preceding 3 years before applying to be a hope operator;
(c) The operator receives funding through the National Fund of the Charter School Growth Fund to accelerate the growth of the nation’s best charter schools; or
(d) The operator is selected by a district school board in accordance with s. 1008.33.

An entity that meets the requirements of paragraph (b), paragraph (c), or paragraph (d) before the adoption by the state board of measurable criteria pursuant to paragraph (a) shall be designated as a hope operator. After the adoption of the measurable criteria, an entity, including a governing board that operates a school established pursuant to s. 1008.33(4)(b)3., shall be designated as a hope operator if it meets the criteria of paragraph (a).

(3) DESIGNATION OF HOPE OPERATOR.—Initial status as a hope operator is valid for 5 years from the opening of a school of hope. If a hope operator seeks the renewal of its status, such renewal shall solely be based upon the academic and financial performance of all schools established by the operator in the state since its initial designation.
(4) ESTABLISHMENT OF SCHOOLS OF HOPE.—A hope operator seeking to open a school of hope must submit a notice of intent to the school district in which a persistently low-performing school has been identified by the State Board of Education pursuant to 1subsection (10).
(a) The notice of intent must include:
1. An academic focus and plan.
2. A financial plan.
3. Goals and objectives for increasing student achievement for the students from low-income families.
4. A completed or planned community outreach plan.
5. The organizational history of success in working with students with similar demographics.
6. The grade levels to be served and enrollment projections.
7. The proposed location or geographic area proposed for the school and its proximity to the persistently low-performing school.
8. A staffing plan.
(b) Notwithstanding the requirements of s. 1002.33, a school district shall enter into a performance-based agreement with a hope operator to open schools to serve students from persistently low-performing schools.
(5) PERFORMANCE-BASED AGREEMENT.—The following shall comprise the entirety of the performance-based agreement:
(a) The notice of intent, which is incorporated by reference and attached to the agreement.
(b) The location or geographic area proposed for the school of hope and its proximity to the persistently low-performing school.
(c) An enumeration of the grades to be served in each year of the agreement and whether the school will serve children in the school readiness or prekindergarten programs.
(d) A plan of action and specific milestones for student recruitment and the enrollment of students from persistently low-performing schools, including enrollment preferences and procedures for conducting transparent admissions lotteries that are open to the public. Students from persistently low-performing schools shall be exempt from any enrollment lottery to the extent permitted by federal grant requirements.
(e) A delineation of the current incoming baseline standard of student academic achievement, the outcomes to be achieved, and the method of measurement that will be used.
(f) A description of the methods of involving parents and expected levels for such involvement.
(g) The grounds for termination, including failure to meet the requirements for student performance established pursuant to paragraph (e), generally accepted standards of fiscal management, or material violation of terms of the agreement. The nonrenewal or termination of a performance-based agreement must comply with the requirements of s. 1002.33(8).
(h) A provision allowing the hope operator to open additional schools to serve students enrolled in or zoned for a persistently low-performing school if the hope operator maintains its status under subsection (3).
(i) A provision establishing the initial term as 5 years. The agreement shall be renewed, upon the request of the hope operator, unless the school fails to meet the requirements for student performance established pursuant to paragraph (e) or generally accepted standards of fiscal management or the school of hope materially violates the law or the terms of the agreement.
(j) A requirement to provide transportation consistent with the requirements of ss. 1006.21-1006.27 and s. 1012.45. The governing body of the school of hope may provide transportation through an agreement or contract with the district school board, a private provider, or parents of enrolled students. Transportation may not be a barrier to equal access for all students residing within reasonable distance of the school.
(k) A requirement that any arrangement entered into to borrow or otherwise secure funds for the school of hope from a source other than the state or a school district shall indemnify the state and the school district from any and all liability, including, but not limited to, financial responsibility for the payment of the principal or interest.
(l) A provision that any loans, bonds, or other financial agreements are not obligations of the state or the school district but are obligations of the school of hope and are payable solely from the sources of funds pledged by such agreement.
(m) A prohibition on the pledge of credit or taxing power of the state or the school district.
(6) STATUTORY AUTHORITY.—
(a) A school of hope may be designated as a local education agency, if requested, for the purposes of receiving federal funds and, in doing so, accepts the full responsibility for all local education agency requirements and the schools for which it will perform local education agency responsibilities. Students enrolled in a school established by a hope operator designated as a local educational agency are not eligible students for purposes of calculating the district grade pursuant to s. 1008.34(5).
(b) For the purposes of tort liability, the hope operator, the school of hope, and its employees or agents shall be governed by s. 768.28. The sponsor shall not be liable for civil damages under state law for the employment actions or personal injury, property damage, or death resulting from an act or omission of a hope operator, the school of hope, or its employees or agents. This paragraph does not include any for-profit entity contracted by the charter school or its governing body.
(c) A school of hope may be either a private or a public employer. As a public employer, the school of hope may participate in the Florida Retirement System upon application and approval as a covered group under s. 121.021(34). If a school of hope participates in the Florida Retirement System, the school of hope’s employees shall be compulsory members of the Florida Retirement System.
(d) A hope operator may employ school administrators and instructional personnel who do not meet the requirements of s. 1012.56 if the school administrators and instructional personnel are not ineligible for such employment under s. 1012.315.
(e) Compliance with s. 1003.03 shall be calculated as the average at the school level.
(f) Schools of hope operated by a hope operator shall be exempt from chapters 1000-1013 and all school board policies. However, a hope operator shall be in compliance with the laws in chapters 1000-1013 relating to:
1. The student assessment program and school grading system.
2. Student progression and graduation.
3. The provision of services to students with disabilities.
4. Civil rights, including s. 1000.05, relating to discrimination.
5. Student health, safety, and welfare.
6. Public meetings and records, public inspection, and criminal and civil penalties pursuant to s. 286.011. The governing board of a school of hope must hold at least two public meetings per school year in the school district in which the school of hope is located. Any other meetings of the governing board may be held in accordance with s. 120.54(5)(b)2.
7. Public records pursuant to chapter 119.
8. The code of ethics for public officers and employees pursuant to ss. 112.313(2), (3), (7), and (12) and 112.3143(3).
(g) Each school of hope shall report its students to the school district as required in s. 1011.62, and in accordance with the definitions in s. 1011.61. The school district shall include each charter school’s enrollment in the district’s report of student enrollment. All charter schools submitting student record information required by the department shall comply with the department’s guidelines for electronic data formats for such data, and all districts shall accept electronic data that complies with the department’s electronic format.
(h) A school of hope shall provide the school district with a concise, uniform, quarterly financial statement summary sheet that contains a balance sheet and a statement of revenue, expenditures, and changes in fund balance. The balance sheet and the statement of revenue, expenditures, and changes in fund balance shall be in the governmental fund format prescribed by the Governmental Accounting Standards Board. Additionally, a school of hope shall comply with the annual audit requirement for charter schools in s. 218.39.
(7) FACILITIES.—
(a) A school of hope shall use facilities that comply with the Florida Building Code, except for the State Requirements for Educational Facilities. A school of hope that uses school district facilities must comply with the State Requirements for Educational Facilities only if the school district and the hope operator have entered into a mutual management plan for the reasonable maintenance of such facilities. The mutual management plan shall contain a provision by which the district school board agrees to maintain the school facilities in the same manner as its other public schools within the district. The local governing authority shall not adopt or impose any local building requirements or site-development restrictions, such as parking and site-size criteria, student enrollment, and occupant load, that are addressed by and more stringent than those found in the State Requirements for Educational Facilities of the Florida Building Code. A local governing authority must treat schools of hope equitably in comparison to similar requirements, restrictions, and site planning processes imposed upon public schools. The agency having jurisdiction for inspection of a facility and issuance of a certificate of occupancy or use shall be the local municipality or, if in an unincorporated area, the county governing authority. If an official or employee of the local governing authority refuses to comply with this paragraph, the aggrieved school or entity has an immediate right to bring an action in circuit court to enforce its rights by injunction. An aggrieved party that receives injunctive relief may be awarded reasonable attorney fees and court costs.
(b) Any facility, or portion thereof, used to house a school of hope shall be exempt from ad valorem taxes pursuant to s. 196.1983. Library, community service, museum, performing arts, theatre, cinema, church, Florida College System institution, college, and university facilities may provide space to schools of hope within their facilities under their preexisting zoning and land use designations without obtaining a special exception, rezoning, or a land use change.
(c) School of hope facilities are exempt from assessments of fees for building permits, except as provided in s. 553.80; fees for building and occupational licenses; impact fees or exactions; service availability fees; and assessments for special benefits.
(d) No later than October 1, each school district shall annually provide to the Department of Education a list of all underused, vacant, or surplus facilities owned or operated by the school district. A hope operator establishing a school of hope may use an educational facility identified in this paragraph at no cost or at a mutually agreeable cost not to exceed $600 per student. A hope operator using a facility pursuant to this paragraph may not sell or dispose of such facility without the written permission of the school district. For purposes of this paragraph, the term “underused, vacant, or surplus facility” means an entire facility or portion thereof which is not fully used or is used irregularly or intermittently by the school district for instructional or program use.
(8) NONCOMPLIANCE.—A school district that does not enter into a performance-based agreement within 60 days after receipt of a notice of intent shall reduce the administrative fees withheld pursuant to s. 1002.33(20) to 1 percent for all charter schools operating in the school district. Upon execution of the performance-based agreement, the school district may resume withholding the full amount of administrative fees, but may not recover any fees that would have otherwise accrued during the period of noncompliance. Any charter school that had administrative fees withheld in violation of this subsection may recover attorney fees and costs to enforce the requirements of this subsection. A school district subject to the requirements of this section shall file a monthly report detailing the reduction in the amount of administrative fees withheld.
(9) FUNDING.—
(a) Schools of hope shall be funded in accordance with s. 1002.33(17).
(b) Schools of hope shall receive priority in the department’s Public Charter School Grant Program competitions.
(c) Schools of hope shall be considered charter schools for purposes of s. 1013.62, except charter capital outlay may not be used to purchase real property or for the construction of school facilities.
(d) Schools of hope are eligible to receive funds from the Schools of Hope Program.
(10) SCHOOLS OF HOPE PROGRAM.—The Schools of Hope Program is created within the Department of Education.
(a) A school of hope is eligible to receive funds from the Schools of Hope Program for the following expenditures:
1. Preparing teachers, school leaders, and specialized instructional support personnel, including costs associated with:
a. Providing professional development.
b. Hiring and compensating teachers, school leaders, and specialized instructional support personnel for services beyond the school day and year.
2. Acquiring supplies, training, equipment, and educational materials, including developing and acquiring instructional materials.
3. Providing one-time startup costs associated with providing transportation to students to and from the charter school.
4. Carrying out community engagement activities, which may include paying the cost of student and staff recruitment.
5. Providing funds to cover the nonvoted ad valorem millage that would otherwise be required for schools and the required local effort funds calculated pursuant to s. 1011.62 when the state board enters into an agreement with a hope operator pursuant to subsection (5).
(b) A traditional public school that is required to submit a plan for implementation pursuant to s. 1008.33(4) is eligible to receive up to $2,000 per full-time equivalent student from the Schools of Hope Program based upon the strength of the school’s plan for implementation and its focus on evidence-based interventions that lead to student success by providing wrap-around services that leverage community assets, improve school and community collaboration, and develop family and community partnerships. Wrap-around services include, but are not limited to, tutorial and after-school programs, student counseling, nutrition education, parental counseling, and adult education. Plans for implementation may also include models that develop a culture of attending college, high academic expectations, character development, dress codes, and an extended school day and school year. At a minimum, a plan for implementation must:
1. Establish wrap-around services that develop family and community partnerships.
2. Establish clearly defined and measurable high academic and character standards.
3. Increase parental involvement and engagement in the child’s education.
4. Describe how the school district will identify, recruit, retain, and reward instructional personnel. The state board may waive the requirements of s. 1012.22(1)(c)5., and suspend the requirements of s. 1012.34, to facilitate implementation of the plan.
5. Identify a knowledge-rich curriculum that the school will use that focuses on developing a student’s background knowledge.
6. Provide professional development that focuses on academic rigor, direct instruction, and creating high academic and character standards.
(c) The state board shall:
1. Provide awards for up to 25 schools and prioritize awards for plans submitted pursuant to paragraph (b) that are based on whole school transformation and that are developed in consultation with the school’s principal.
2. Annually report on the implementation of this subsection in the report required by s. 1008.345(5), and provide summarized academic performance reports of each traditional public school receiving funds.
2(d) Notwithstanding s. 216.301 and pursuant to s. 216.351, funds allocated for the purpose of this subsection which are not disbursed by June 30 of the fiscal year in which the funds are allocated may be carried forward for up to 5 years after the effective date of the original appropriation.
(11) STATE BOARD OF EDUCATION AUTHORITY AND OBLIGATIONS.—Pursuant to Art. IX of the State Constitution, which prescribes the duty of the State Board of Education to supervise the public school system, the State Board of Education shall:
(a) Publish an annual list of persistently low-performing schools after the release of preliminary school grades.
(b) Adopt a standard notice of intent and performance-based agreement that must be used by hope operators and district school boards to eliminate regulatory and bureaucratic barriers that delay access to high quality schools for students in persistently low-performing schools.
(c) Resolve disputes between a hope operator and a school district arising from a performance-based agreement or a contract between a charter operator and a school district under the requirements of s. 1008.33. The Commissioner of Education shall appoint a special magistrate who is a member of The Florida Bar in good standing and who has at least 5 years’ experience in administrative law. The special magistrate shall hold hearings to determine facts relating to the dispute and to render a recommended decision for resolution to the State Board of Education. The recommendation may not alter in any way the provisions of the performance-based agreement under subsection (5). The special magistrate may administer oaths and issue subpoenas on behalf of the parties to the dispute or on his or her own behalf. Within 15 calendar days after the close of the final hearing, the special magistrate shall transmit a recommended decision to the State Board of Education and to the representatives of both parties by registered mail, return receipt requested. The State Board of Education must approve or reject the recommended decision at its next regularly scheduled meeting that is more than 7 calendar days and no more than 30 days after the date the recommended decision is transmitted. The decision by the State Board of Education is a final agency action that may be appealed to the District Court of Appeal, First District in accordance with s. 120.68. A charter school may recover attorney fees and costs if the State Board of Education determines that the school district unlawfully implemented or otherwise impeded implementation of the performance-based agreement pursuant to this paragraph.
(d) Provide students in persistently low-performing schools with a public school that meets accountability standards. The State Board of Education may enter into a performance-based agreement with a hope operator when a school district has not improved the school after 3 years of the interventions and support provided under s. 1008.33 or has not complied with the requirements of subsection (4). Upon the State Board of Education entering into a performance-based agreement with a hope operator, the school district shall transfer to the school of hope the proportionate share of state funds allocated from the Florida Education Finance Program.
(12) RULES.—The State Board of Education shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this section.
History.—s. 43, ch. 2017-116; s. 11, ch. 2018-6.
1Note.—Subsection (11) provides for identification of persistently low-performing schools through publication of an annual list.
2Note.—Section 49, ch. 2018-6, provides that:

“(1) The Department of Revenue is authorized, and all conditions are deemed to be met, to adopt emergency rules pursuant to s. 120.54(4), Florida Statutes, for the purpose of administering the provisions of this act.

“(2) Notwithstanding any other provision of law, emergency rules adopted pursuant to subsection (1) are effective for 6 months after adoption and may be renewed during the pendency of procedures to adopt permanent rules addressing the subject of the emergency rules.

“(3) This section shall take effect upon this act becoming a law and shall expire January 1, 2022.”