Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. CS for SB 1528 Ì835522ÇÎ835522 LEGISLATIVE ACTION Senate . House Comm: OO . 04/11/2014 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— the following: 1 Senate Amendment (with directory and title amendments) 2 3 Between lines 22 and 23 4 insert: 5 (b) A sponsor shall receive and review all applications for 6 a charter school using an evaluation instrument developed by the 7 Department of Education. A sponsor shall receive and consider 8 charter school applications received on or before August 1 of 9 each calendar year for charter schools to be opened at the 10 beginning of the school district’s next school year, or to be 11 opened at a time agreed to by the applicant and the sponsor. A 12 sponsor may not refuse to receive a charter school application 13 submitted before August 1 and may receive an application 14 submitted later than August 1 if it chooses. In order to 15 facilitate greater collaboration in the application process, an 16 applicant may submit a draft charter school application on or 17 before May 1 with an application fee of $500. If a draft 18 application is timely submitted, the sponsor shall review and 19 provide feedback as to material deficiencies in the application 20 by July 1. The applicant shall then have until August 1 to 21 resubmit a revised and final application. The sponsor may 22 approve the draft application. A sponsor may not charge an 23 applicant for a charter any fee for the processing or 24 consideration of an application, and a sponsor may not base its 25 consideration or approval of a final application upon the 26 promise of future payment of any kind. Before approving or 27 denying any final application, the sponsor shall allow the 28 applicant, upon receipt of written notification, at least 7 29 calendar days to make technical or nonsubstantive corrections 30 and clarifications, including, but not limited to, corrections 31 of grammatical, typographical, and like errors or missing 32 signatures, if such errors are identified by the sponsor as 33 cause to deny the final application. 34 1. In order to facilitate an accurate budget projection 35 process, a sponsor shall be held harmless for FTE students who 36 are not included in the FTE projection due to approval of 37 charter school applications after the FTE projection deadline. 38 In a further effort to facilitate an accurate budget projection, 39 within 15 calendar days after receipt of a charter school 40 application, a sponsor shall report to the Department of 41 Education the name of the applicant entity, the proposed charter 42 school location, and its projected FTE. 43 2. In order to ensure fiscal responsibility, an application 44 for a charter school made by an individual, teachers, parents, a 45 group of individuals, a municipality, a legal entity organized 46 under the laws of this state, or any other third party 47 associated with the management or reporting responsibility of 48 the charter school contract shall include a full accounting of 49 expected assets, a projection of expected sources and amounts of 50 income, including income derived from projected student 51 enrollments and from community support,andan expense 52 projection that includes full accounting of the costs of 53 operation, including start-up costs, and fees paid to a third 54 party for services and the purpose of such fees. 55 3.a. A sponsor shall by a majority vote approve or deny an 56 application no later than 60 calendar days after the application 57 is received, unless the sponsor and the applicant mutually agree 58 in writing to temporarily postpone the vote to a specific date, 59 at which time the sponsor shall by a majority vote approve or 60 deny the application. If the sponsor fails to act on the 61 application, an applicant may appeal to the State Board of 62 Education as provided in paragraph (c). If an application is 63 denied, the sponsor shall, within 10 calendar days after such 64 denial, articulate in writing the specific reasons, based upon 65 good cause, supporting its denial of the charter application and 66 shall provide the letter of denial and supporting documentation 67 to the applicant and to the Department of Education. 68 b. An application submitted by a high-performing charter 69 school identified pursuant to s. 1002.331 may be denied by the 70 sponsor only if the sponsor demonstrates by clear and convincing 71 evidence that: 72 (I) The application does not materially comply with the 73 requirements in paragraph (a); 74 (II) The charter school proposed in the application does 75 not materially comply with the requirements in paragraphs 76 (9)(a)-(f); 77 (III) The proposed charter school’s educational program 78 does not substantially replicate that of the applicant or one of 79 the applicant’s high-performing charter schools; 80 (IV) The applicant has made a material misrepresentation or 81 false statement or concealed an essential or material fact 82 during the application process; or 83 (V) The proposed charter school’s educational program and 84 financial management practices do not materially comply with the 85 requirements of this section. 86 87 Material noncompliance is a failure to follow requirements or a 88 violation of prohibitions applicable to charter school 89 applications, which failure is quantitatively or qualitatively 90 significant either individually or when aggregated with other 91 noncompliance. An applicant is considered to be replicating a 92 high-performing charter school if the proposed school is 93 substantially similar to at least one of the applicant’s high 94 performing charter schools and the organization or individuals 95 involved in the establishment and operation of the proposed 96 school are significantly involved in the operation of replicated 97 schools. 98 c. If the sponsor denies an application submitted by a 99 high-performing charter school, the sponsor must, within 10 100 calendar days after such denial, state in writing the specific 101 reasons, based upon the criteria in sub-subparagraph b., 102 supporting its denial of the application and must provide the 103 letter of denial and supporting documentation to the applicant 104 and to the Department of Education. The applicant may appeal the 105 sponsor’s denial of the application directly to the State Board 106 of Education pursuant to sub-subparagraph (c)3.b. 107 4. For budget projection purposes, the sponsor shall report 108 to the Department of Education the approval or denial of a 109 charter application within 10 calendar days after such approval 110 or denial. In the event of approval, the report to the 111 Department of Education shall include the final projected FTE 112 for the approved charter school. 113 5. Upon approval of a charter application, the initial 114 startup shall commence with the beginning of the public school 115 calendar for the district in which the charter is granted unless 116 the sponsor allows a waiver of this subparagraph for good cause. 117 118 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ====== 119 And the directory clause is amended as follows: 120 Delete line 17 121 and insert: 122 Section 1. Paragraphs (b) and (h) of subsection (6) and 123 paragraph 124 125 ================= T I T L E A M E N D M E N T ================ 126 And the title is amended as follows: 127 Delete line 3 128 and insert: 129 1002.33, F.S.; revising requirements for charter 130 school applications to include additional fiscal 131 responsibility standards; authorizing contract 132 disputes to be