1 | A bill to be entitled |
2 | An act relating to charter schools; amending s. |
3 | 1002.33, F.S.; conforming provisions to changes made |
4 | by the act relating to authorized activities of a |
5 | high-performing charter school that is part of a high- |
6 | performing charter school system; authorizing each |
7 | district school board to share revenue generated by |
8 | its capital outlay millage levy with charter schools |
9 | on a per-student pro rata basis; providing for |
10 | recalculation of a school district's Florida Education |
11 | Finance Program allocation if the millage levy revenue |
12 | is not shared; providing for distribution of |
13 | recalculated funds; requiring payment to charter |
14 | schools of certain federal funds received by a |
15 | district school board; amending s. 1002.331, F.S.; |
16 | revising requirements for designation as a high- |
17 | performing charter school; revising the restriction on |
18 | the establishment of new charter schools that |
19 | replicate a high-performing charter school's |
20 | educational program; amending s. 1002.332, F.S.; |
21 | authorizing a high-performing charter school that is |
22 | part of a high-performing charter school system to |
23 | increase student enrollment, expand grade levels, |
24 | submit quarterly financial statements, consolidate |
25 | charters, and modify charter terms; providing an |
26 | effective date. |
27 |
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28 | Be It Enacted by the Legislature of the State of Florida: |
29 |
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30 | Section 1. Paragraph (a) of subsection (7), paragraph (g) |
31 | of subsection (9), paragraphs (h) and (i) of subsection (10), |
32 | and subsection (17) of section 1002.33, Florida Statutes, are |
33 | amended to read: |
34 | 1002.33 Charter schools.- |
35 | (7) CHARTER.-The major issues involving the operation of a |
36 | charter school shall be considered in advance and written into |
37 | the charter. The charter shall be signed by the governing board |
38 | of the charter school and the sponsor, following a public |
39 | hearing to ensure community input. |
40 | (a) The charter shall address and criteria for approval of |
41 | the charter shall be based on: |
42 | 1. The school's mission, the students to be served, and |
43 | the ages and grades to be included. |
44 | 2. The focus of the curriculum, the instructional methods |
45 | to be used, any distinctive instructional techniques to be |
46 | employed, and identification and acquisition of appropriate |
47 | technologies needed to improve educational and administrative |
48 | performance which include a means for promoting safe, ethical, |
49 | and appropriate uses of technology which comply with legal and |
50 | professional standards. |
51 | a. The charter shall ensure that reading is a primary |
52 | focus of the curriculum and that resources are provided to |
53 | identify and provide specialized instruction for students who |
54 | are reading below grade level. The curriculum and instructional |
55 | strategies for reading must be consistent with the Sunshine |
56 | State Standards and grounded in scientifically based reading |
57 | research. |
58 | b. In order to provide students with access to diverse |
59 | instructional delivery models, to facilitate the integration of |
60 | technology within traditional classroom instruction, and to |
61 | provide students with the skills they need to compete in the |
62 | 21st century economy, the Legislature encourages instructional |
63 | methods for blended learning courses consisting of both |
64 | traditional classroom and online instructional techniques. |
65 | Charter schools may implement blended learning courses which |
66 | combine traditional classroom instruction and virtual |
67 | instruction. Students in a blended learning course must be full- |
68 | time students of the charter school and receive the online |
69 | instruction in a classroom setting at the charter school. |
70 | Instructional personnel certified pursuant to s. 1012.55 who |
71 | provide virtual instruction for blended learning courses may be |
72 | employees of the charter school or may be under contract to |
73 | provide instructional services to charter school students. At a |
74 | minimum, such instructional personnel must hold an active state |
75 | or school district adjunct certification under s. 1012.57 for |
76 | the subject area of the blended learning course. The funding and |
77 | performance accountability requirements for blended learning |
78 | courses are the same as those for traditional courses. |
79 | 3. The current incoming baseline standard of student |
80 | academic achievement, the outcomes to be achieved, and the |
81 | method of measurement that will be used. The criteria listed in |
82 | this subparagraph shall include a detailed description of: |
83 | a. How the baseline student academic achievement levels |
84 | and prior rates of academic progress will be established. |
85 | b. How these baseline rates will be compared to rates of |
86 | academic progress achieved by these same students while |
87 | attending the charter school. |
88 | c. To the extent possible, how these rates of progress |
89 | will be evaluated and compared with rates of progress of other |
90 | closely comparable student populations. |
91 |
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92 | The district school board is required to provide academic |
93 | student performance data to charter schools for each of their |
94 | students coming from the district school system, as well as |
95 | rates of academic progress of comparable student populations in |
96 | the district school system. |
97 | 4. The methods used to identify the educational strengths |
98 | and needs of students and how well educational goals and |
99 | performance standards are met by students attending the charter |
100 | school. The methods shall provide a means for the charter school |
101 | to ensure accountability to its constituents by analyzing |
102 | student performance data and by evaluating the effectiveness and |
103 | efficiency of its major educational programs. Students in |
104 | charter schools shall, at a minimum, participate in the |
105 | statewide assessment program created under s. 1008.22. |
106 | 5. In secondary charter schools, a method for determining |
107 | that a student has satisfied the requirements for graduation in |
108 | s. 1003.428, s. 1003.429, or s. 1003.43. |
109 | 6. A method for resolving conflicts between the governing |
110 | board of the charter school and the sponsor. |
111 | 7. The admissions procedures and dismissal procedures, |
112 | including the school's code of student conduct. |
113 | 8. The ways by which the school will achieve a |
114 | racial/ethnic balance reflective of the community it serves or |
115 | within the racial/ethnic range of other public schools in the |
116 | same school district. |
117 | 9. The financial and administrative management of the |
118 | school, including a reasonable demonstration of the professional |
119 | experience or competence of those individuals or organizations |
120 | applying to operate the charter school or those hired or |
121 | retained to perform such professional services and the |
122 | description of clearly delineated responsibilities and the |
123 | policies and practices needed to effectively manage the charter |
124 | school. A description of internal audit procedures and |
125 | establishment of controls to ensure that financial resources are |
126 | properly managed must be included. Both public sector and |
127 | private sector professional experience shall be equally valid in |
128 | such a consideration. |
129 | 10. The asset and liability projections required in the |
130 | application which are incorporated into the charter and shall be |
131 | compared with information provided in the annual report of the |
132 | charter school. |
133 | 11. A description of procedures that identify various |
134 | risks and provide for a comprehensive approach to reduce the |
135 | impact of losses; plans to ensure the safety and security of |
136 | students and staff; plans to identify, minimize, and protect |
137 | others from violent or disruptive student behavior; and the |
138 | manner in which the school will be insured, including whether or |
139 | not the school will be required to have liability insurance, |
140 | and, if so, the terms and conditions thereof and the amounts of |
141 | coverage. |
142 | 12. The term of the charter which shall provide for |
143 | cancellation of the charter if insufficient progress has been |
144 | made in attaining the student achievement objectives of the |
145 | charter and if it is not likely that such objectives can be |
146 | achieved before expiration of the charter. The initial term of a |
147 | charter shall be for 4 or 5 years. In order to facilitate access |
148 | to long-term financial resources for charter school |
149 | construction, charter schools that are operated by a |
150 | municipality or other public entity as provided by law are |
151 | eligible for up to a 15-year charter, subject to approval by the |
152 | district school board. A charter lab school is eligible for a |
153 | charter for a term of up to 15 years. In addition, to facilitate |
154 | access to long-term financial resources for charter school |
155 | construction, charter schools that are operated by a private, |
156 | not-for-profit, s. 501(c)(3) status corporation are eligible for |
157 | up to a 15-year charter, subject to approval by the district |
158 | school board. Such long-term charters remain subject to annual |
159 | review and may be terminated during the term of the charter, but |
160 | only according to the provisions set forth in subsection (8). |
161 | 13. The facilities to be used and their location. |
162 | 14. The qualifications to be required of the teachers and |
163 | the potential strategies used to recruit, hire, train, and |
164 | retain qualified staff to achieve best value. |
165 | 15. The governance structure of the school, including the |
166 | status of the charter school as a public or private employer as |
167 | required in paragraph (12)(i). |
168 | 16. A timetable for implementing the charter which |
169 | addresses the implementation of each element thereof and the |
170 | date by which the charter shall be awarded in order to meet this |
171 | timetable. |
172 | 17. In the case of an existing public school that is being |
173 | converted to charter status, alternative arrangements for |
174 | current students who choose not to attend the charter school and |
175 | for current teachers who choose not to teach in the charter |
176 | school after conversion in accordance with the existing |
177 | collective bargaining agreement or district school board rule in |
178 | the absence of a collective bargaining agreement. However, |
179 | alternative arrangements shall not be required for current |
180 | teachers who choose not to teach in a charter lab school, except |
181 | as authorized by the employment policies of the state university |
182 | which grants the charter to the lab school. |
183 | 18. Full disclosure of the identity of all relatives |
184 | employed by the charter school who are related to the charter |
185 | school owner, president, chairperson of the governing board of |
186 | directors, superintendent, governing board member, principal, |
187 | assistant principal, or any other person employed by the charter |
188 | school who has equivalent decisionmaking authority. For the |
189 | purpose of this subparagraph, the term "relative" means father, |
190 | mother, son, daughter, brother, sister, uncle, aunt, first |
191 | cousin, nephew, niece, husband, wife, father-in-law, mother-in- |
192 | law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, |
193 | stepfather, stepmother, stepson, stepdaughter, stepbrother, |
194 | stepsister, half brother, or half sister. |
195 | 19. Implementation of the activities authorized under s. |
196 | 1002.331 or s. 1002.332 by the charter school when it satisfies |
197 | the eligibility requirements for a high-performing charter |
198 | school. A high-performing charter school shall notify its |
199 | sponsor in writing by March 1 if it intends to increase |
200 | enrollment or expand grade levels the following school year. The |
201 | written notice shall specify the amount of the enrollment |
202 | increase and the grade levels that will be added, as applicable. |
203 | (9) CHARTER SCHOOL REQUIREMENTS.- |
204 | (g) In order to provide financial information that is |
205 | comparable to that reported for other public schools, charter |
206 | schools are to maintain all financial records that constitute |
207 | their accounting system: |
208 | 1. In accordance with the accounts and codes prescribed in |
209 | the most recent issuance of the publication titled "Financial |
210 | and Program Cost Accounting and Reporting for Florida Schools"; |
211 | or |
212 | 2. At the discretion of the charter school's governing |
213 | board, a charter school may elect to follow generally accepted |
214 | accounting standards for not-for-profit organizations, but must |
215 | reformat this information for reporting according to this |
216 | paragraph. |
217 |
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218 | Charter schools shall provide annual financial report and |
219 | program cost report information in the state-required formats |
220 | for inclusion in district reporting in compliance with s. |
221 | 1011.60(1). Charter schools that are operated by a municipality |
222 | or are a component unit of a parent nonprofit organization may |
223 | use the accounting system of the municipality or the parent but |
224 | must reformat this information for reporting according to this |
225 | paragraph. A charter school shall provide a monthly financial |
226 | statement to the sponsor unless the charter school is designated |
227 | as a high-performing charter school pursuant to s. 1002.331 or |
228 | s. 1002.332, in which case the high-performing charter school |
229 | may provide a quarterly financial statement. The financial |
230 | statement required under this paragraph shall be in a form |
231 | prescribed by the Department of Education. |
232 | (10) ELIGIBLE STUDENTS.- |
233 | (h) The capacity of the charter school shall be determined |
234 | annually by the governing board, in conjunction with the |
235 | sponsor, of the charter school in consideration of the factors |
236 | identified in this subsection unless the charter school is |
237 | designated as a high-performing charter school pursuant to s. |
238 | 1002.331 or s. 1002.332. A sponsor may not require a charter |
239 | school to waive the provisions of s. 1002.331 or s. 1002.332 or |
240 | require a student enrollment cap that prohibits a high- |
241 | performing charter school from increasing enrollment in |
242 | accordance with s. 1002.331(2) or s. 1002.332(2)(c) as a |
243 | condition of approval or renewal of a charter. |
244 | (i) The capacity of a high-performing charter school |
245 | identified pursuant to s. 1002.331 or s. 1002.332 shall be |
246 | determined annually by the governing board of the charter |
247 | school. The governing board shall notify the sponsor of any |
248 | increase in enrollment by March 1 of the school year preceding |
249 | the increase. |
250 | (17) FUNDING.-Students enrolled in a charter school, |
251 | regardless of the sponsorship, shall be funded as if they are in |
252 | a basic program or a special program, the same as students |
253 | enrolled in other public schools in the school district. Funding |
254 | for a charter lab school shall be as provided in s. 1002.32. |
255 | (a) Each charter school shall report its student |
256 | enrollment to the sponsor as required in s. 1011.62, and in |
257 | accordance with the definitions in s. 1011.61. The sponsor shall |
258 | include each charter school's enrollment in the district's |
259 | report of student enrollment. All charter schools submitting |
260 | student record information required by the Department of |
261 | Education shall comply with the Department of Education's |
262 | guidelines for electronic data formats for such data, and all |
263 | districts shall accept electronic data that complies with the |
264 | Department of Education's electronic format. |
265 | (b) The basis for the agreement for funding students |
266 | enrolled in a charter school shall be the sum of the school |
267 | district's operating funds from the Florida Education Finance |
268 | Program as provided in s. 1011.62 and the General Appropriations |
269 | Act, including gross state and local funds, discretionary |
270 | lottery funds, and funds from the school district's current |
271 | operating discretionary millage levy; divided by total funded |
272 | weighted full-time equivalent students in the school district; |
273 | multiplied by the weighted full-time equivalent students for the |
274 | charter school. Charter schools whose students or programs meet |
275 | the eligibility criteria in law shall be entitled to their |
276 | proportionate share of categorical program funds included in the |
277 | total funds available in the Florida Education Finance Program |
278 | by the Legislature, including transportation. Total funding for |
279 | each charter school shall be recalculated during the year to |
280 | reflect the revised calculations under the Florida Education |
281 | Finance Program by the state and the actual weighted full-time |
282 | equivalent students reported by the charter school during the |
283 | full-time equivalent student survey periods designated by the |
284 | Commissioner of Education. |
285 | (c) Each district school board may annually |
286 | proportionately share the revenue generated by the millage levy |
287 | pursuant to s. 1011.71(2) with charter schools in the school |
288 | district on a per-student basis. If a district school board does |
289 | not proportionately share the revenue generated by the millage |
290 | levy pursuant to s. 1011.71(2), the Florida Education Finance |
291 | Program allocation for that school district shall be |
292 | recalculated so that each charter school in the school district |
293 | receives, on a per-student basis, the same amount of funds that |
294 | it would have received if the district school board shared the |
295 | millage levy revenue with charter schools on a per-student pro |
296 | rata basis. The school district shall, within 30 days after |
297 | receipt, distribute the recalculated funds to each charter |
298 | school in the district. Charter schools may only use these |
299 | recalculated funds for capital outlay purposes. |
300 | (d)(c) If the district school board is providing programs |
301 | or services to students funded by federal funds, any eligible |
302 | students enrolled in charter schools in the school district |
303 | shall be provided federal funds for the same level of service |
304 | provided students in the schools operated by the district school |
305 | board. All federal funds received by a district school board for |
306 | the benefit of charter schools, charter school students, or |
307 | charter school students as public school students in the school |
308 | district, including, but not limited to, Title I, Title II, and |
309 | IDEA funds, shall be paid in total to charter schools within 60 |
310 | days after receipt by the district school board. Pursuant to |
311 | provisions of 20 U.S.C. 8061 s. 10306, all charter schools shall |
312 | receive all federal funding for which the school is otherwise |
313 | eligible, including Title I funding, not later than 5 months |
314 | after the charter school first opens and within 5 months after |
315 | any subsequent expansion of enrollment. |
316 | (e)(d) Charter schools shall be included by the Department |
317 | of Education and the district school board in requests for |
318 | federal stimulus funds in the same manner as district school |
319 | board-operated public schools, including Title I and IDEA funds |
320 | and shall be entitled to receive such funds. Charter schools are |
321 | eligible to participate in federal competitive grants that are |
322 | available as part of the federal stimulus funds. |
323 | (f)(e) District school boards shall make timely and |
324 | efficient payment and reimbursement to charter schools, |
325 | including processing paperwork required to access special state |
326 | and federal funding for which they may be eligible. The district |
327 | school board may distribute funds to a charter school for up to |
328 | 3 months based on the projected full-time equivalent student |
329 | membership of the charter school. Thereafter, the results of |
330 | full-time equivalent student membership surveys shall be used in |
331 | adjusting the amount of funds distributed monthly to the charter |
332 | school for the remainder of the fiscal year. The payment shall |
333 | be issued no later than 10 working days after the district |
334 | school board receives a distribution of state or federal funds. |
335 | If a warrant for payment is not issued within 10 working days |
336 | after receipt of funding by the district school board, the |
337 | school district shall pay to the charter school, in addition to |
338 | the amount of the scheduled disbursement, interest at a rate of |
339 | 1 percent per month calculated on a daily basis on the unpaid |
340 | balance from the expiration of the 10 working days until such |
341 | time as the warrant is issued. |
342 | (g)(f) Funding for a virtual charter school shall be as |
343 | provided in s. 1002.45(7). |
344 | Section 2. Paragraph (c) of subsection (1) and paragraph |
345 | (b) of subsection (3) of section 1002.331, Florida Statutes, are |
346 | amended to read: |
347 | 1002.331 High-performing charter schools.- |
348 | (1) A charter school is a high-performing charter school |
349 | if it: |
350 | (c) Did not receive a financial audit that revealed one or |
351 | more of the financial emergency conditions set forth in s. |
352 | 218.503(1) in the most recent 3 fiscal years for which such |
353 | audits are available. However, this requirement is deemed met |
354 | for a charter school-in-the-workplace if there is a finding in |
355 | an audit that the school has the monetary resources available to |
356 | cover any reported deficiency or that the deficiency does not |
357 | result in a deteriorating financial condition pursuant to s. |
358 | 1002.345(1)(a)3. |
359 |
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360 | A virtual charter school established under s. 1002.33 is not |
361 | eligible for designation as a high-performing charter school. |
362 | (3) |
363 | (b) A high-performing charter school may not establish |
364 | more than three one charter schools school within the state |
365 | under paragraph (a) in any year. A subsequent application to |
366 | establish a charter school under paragraph (a) may not be |
367 | submitted unless each charter school established in this manner |
368 | achieves high-performing charter school status. |
369 | Section 3. Paragraph (c) is added to subsection (2) of |
370 | section 1002.332, Florida Statutes, to read: |
371 | 1002.332 High-performing charter school system.- |
372 | (2) |
373 | (c) A high-performing charter school that is part of a |
374 | high-performing charter school system may: |
375 | 1. Increase its student enrollment once per school year by |
376 | up to 15 percent more than the capacity identified in the |
377 | charter. |
378 | 2. Expand grade levels within kindergarten through grade |
379 | 12 to add grade levels not already served if any annual |
380 | enrollment increase resulting from grade level expansion is |
381 | within the limit established in subparagraph 1. |
382 | 3. Submit a quarterly, rather than a monthly, financial |
383 | statement to the sponsor pursuant to s. 1002.33(9)(g). |
384 | 4. Consolidate under a single charter the charters of |
385 | multiple high-performing charter schools operated in the same |
386 | school district by the charter schools' governing boards |
387 | regardless of the renewal cycle. |
388 | 5. Receive a modification of its charter to a term of 15 |
389 | years or a 15-year charter renewal. The charter may be modified |
390 | or renewed for a shorter term at the option of the high- |
391 | performing charter school. The charter must be consistent with |
392 | s. 1002.33(7)(a)19. and (10)(h) and (i), is subject to annual |
393 | review by the sponsor, and may be terminated during its term |
394 | pursuant to s. 1002.33(8). |
395 |
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396 | A high-performing charter school that is part of a high- |
397 | performing charter school system shall notify its sponsor in |
398 | writing by March 1 if it intends to increase enrollment or |
399 | expand grade levels the following school year. The written |
400 | notice shall specify the amount of the enrollment increase and |
401 | the grade levels that will be added, as applicable. |
402 | Section 4. This act shall take effect July 1, 2012. |