Florida Senate - 2015 SB 1448
By Senator Legg
17-01022C-15 20151448__
1 A bill to be entitled
2 An act relating to student choice; amending s.
3 1002.31, F.S.; authorizing a parent to enroll his or
4 her child in and transport his or her child to any
5 public school that has not reached capacity, including
6 charter schools, in any school district in this state;
7 requiring the school to accept and report the student
8 for funding purposes; defining the term “capacity”;
9 amending s. 1002.33, F.S.; clarifying requirements for
10 the creation of a virtual charter school; revising
11 required contents of charter school applications;
12 conforming provisions regarding the appeal process for
13 denial of a high-performing charter school
14 application; revising charter provisions relating to
15 long-term charters and termination of a charter;
16 revising conditions for termination of a charter;
17 requiring a charter school’s governing board to
18 appoint a representative to provide information and
19 assistance to parents; requiring the governing board
20 to hold a certain number of meets that are noticed,
21 open, and accessible to the public per school year;
22 revising the participants in and activities of charter
23 school cooperatives; providing requirements for
24 payment to charter schools; requiring the Department
25 of Education to include a standard application form
26 when providing information to the public on how to
27 form, operate, and enroll in a charter school;
28 amending ss. 1002.331 and 1002.37, F.S.; conforming
29 cross-references and provisions to changes made by the
30 act; amending s. 1002.45, F.S.; revising conditions
31 for termination of a virtual instruction provider’s
32 contract; conforming a cross-reference; repealing s.
33 1002.455, F.S., relating to student eligibility for K
34 12 virtual instruction; amending s. 1003.498, F.S.;
35 conforming a cross-reference; creating s. 1003.5711,
36 F.S.; providing that certain students who are deemed
37 eligible for hospitalized program services are
38 considered students with a disability; authorizing an
39 individual education plan to be modified to
40 accommodate the services; requiring the student to
41 continue to receive educational instruction; requiring
42 a school district to provide the student with a
43 certified teacher under certain circumstances;
44 requiring the department to transfer funds for the
45 student; creating s. 1004.6491, F.S.; establishing the
46 Florida Charter School Innovation Institute;
47 specifying requirements for the institute; requiring
48 an annual report to the Governor and the Legislature;
49 requiring a report on the institute’s annual financial
50 audit to the Auditor General, the Board of Governors
51 of the State University System, and the State Board of
52 Education; amending s. 1011.62, F.S.; revising
53 eligibility requirements for charter school capital
54 outlay funding; providing an effective date.
55
56 Be It Enacted by the Legislature of the State of Florida:
57
58 Section 1. Subsection (6) is added to section 1002.31,
59 Florida Statutes, to read:
60 1002.31 Controlled open enrollment; public school parental
61 choice.—
62 (6) Notwithstanding any law, a parent may choose to enroll
63 his or her child in, and transport his or her child to, any
64 public school, including a charter school, which has not reached
65 capacity in any school district in this state.
66 (a) The school district shall accept the student and report
67 the student for purposes of the district’s funding pursuant to
68 the Florida Education Finance Program.
69 (b) As used in this subsection, the term “capacity” means a
70 school in which the capital outlay FTE enrollment exceeds 95
71 percent of the space and occupant design capacity of its
72 nonrelocatable facilities. However, if a school’s initial design
73 incorporated relocatable or modular instructional space, the
74 term means a school in which the capital outlay FTE enrollment
75 exceeds 95 percent of the space and occupant design capacity of
76 its core facilities.
77 Section 2. Subsection (1), paragraphs (a), (b), and (c) of
78 subsection (6), subsection (7), paragraphs (e), (f), and (g) of
79 subsection (8), paragraphs (g), (n), and (p) of subsection (9),
80 subsection (13), paragraph (e) of subsection (17), and paragraph
81 (a) of subsection (21) of section 1002.33, Florida Statutes, are
82 amended, and paragraphs (h) and (i) are added to subsection (8)
83 of that section, to read:
84 1002.33 Charter schools.—
85 (1) AUTHORIZATION.—Charter schools are shall be part of the
86 state’s program of public education. All charter schools in this
87 state Florida are public schools. A charter school may be formed
88 by creating a new school or converting an existing public school
89 to charter status. A charter school may operate a virtual
90 charter school pursuant to s. 1002.45(1)(d) to provide full-time
91 online instruction to eligible students, pursuant to s.
92 1002.455, in kindergarten through grade 12. An existing A
93 charter school that is seeking to become a virtual charter
94 school must amend its charter or submit a new application
95 pursuant to subsection (6) to become a virtual charter school. A
96 virtual charter school is subject to the requirements of this
97 section; however, a virtual charter school is exempt from
98 subsections (18) and (19), subparagraphs (20)(a)2., 4., 5., and
99 7., paragraph (20)(c), and s. 1003.03. A public school may not
100 use the term charter in its name unless it has been approved
101 under this section.
102 (6) APPLICATION PROCESS AND REVIEW.—Charter school
103 applications are subject to the following requirements:
104 (a) A person or entity seeking wishing to open a charter
105 school shall prepare and submit an application on a model
106 application form prepared by the Department of Education which:
107 1. Demonstrates how the school will use the guiding
108 principles and meet the statutorily defined purpose of a charter
109 school.
110 2. Provides a detailed curriculum plan that illustrates how
111 students will be provided services to attain the Sunshine State
112 Standards.
113 3. Contains goals and objectives for improving student
114 learning and measuring that improvement. These goals and
115 objectives must indicate how much academic improvement students
116 are expected to show each year, how success will be evaluated,
117 and the specific results to be attained through instruction.
118 4. Describes the reading curriculum and differentiated
119 strategies that will be used for students reading at grade level
120 or higher and a separate curriculum and strategies for students
121 who are reading below grade level. A sponsor shall deny an
122 application a charter if the school does not propose a reading
123 curriculum that is consistent with effective teaching strategies
124 that are grounded in scientifically based reading research, but
125 the sponsor may not require the school to implement any
126 curriculum adopted by the school district.
127 5. Contains an annual financial plan for each year
128 requested by the charter for operation of the school for up to 5
129 years. This plan must contain anticipated fund balances based on
130 revenue projections, a spending plan based on projected revenues
131 and expenses, and a description of controls that will safeguard
132 finances and projected enrollment trends.
133 6. Discloses the name of each applicant, governing board
134 member, and proposed management company, if any; the name and
135 sponsor of any charter school operated by such parties; and the
136 academic and financial history of such charter schools, which
137 the sponsor shall consider in deciding to approve or deny the
138 application.
139 7.6. Contains additional information a sponsor may require,
140 which shall be attached as an addendum to the charter school
141 application described in this paragraph.
142 8.7. For the establishment of a virtual charter school,
143 documents that the applicant has contracted with a provider of
144 virtual instruction services pursuant to s. 1002.45(1)(d).
145 (b) A sponsor shall receive and review all applications for
146 a charter school using the an evaluation instrument developed by
147 the Department of Education. A sponsor shall receive and
148 consider charter school applications received on or before
149 August 1 of each calendar year for charter schools to be opened
150 at the beginning of the school district’s next school year, or
151 to be opened at a time agreed to by the applicant and the
152 sponsor. A sponsor may not refuse to receive a charter school
153 application submitted before August 1 and may receive an
154 application submitted later than August 1 if it chooses. In
155 order to facilitate greater collaboration in the application
156 process, an applicant may submit a draft charter school
157 application on or before May 1 with an application fee of $500.
158 If a draft application is timely submitted, the sponsor shall
159 review and provide feedback as to material deficiencies in the
160 application by July 1. The applicant shall then have until
161 August 1 to resubmit a revised and final application. The
162 sponsor may approve the draft application. Except as provided
163 for a draft application, a sponsor may not charge an applicant
164 for a charter any fee for the processing or consideration of an
165 application, and a sponsor may not base its consideration or
166 approval of a final application upon the promise of future
167 payment of any kind. Before approving or denying any final
168 application, the sponsor shall allow the applicant, upon receipt
169 of written notification, at least 7 calendar days to make
170 technical or nonsubstantive corrections and clarifications,
171 including, but not limited to, corrections of grammatical,
172 typographical, and like errors or missing signatures, if such
173 errors are identified by the sponsor as cause to deny the final
174 application.
175 1. In order to facilitate an accurate budget projection
176 process, a sponsor shall be held harmless for FTE students who
177 are not included in the FTE projection due to approval of
178 charter school applications after the FTE projection deadline.
179 In a further effort to facilitate an accurate budget projection,
180 within 15 calendar days after receipt of a charter school
181 application, a sponsor shall report to the Department of
182 Education the name of the applicant entity, the proposed charter
183 school location, and its projected FTE.
184 2. In order to ensure fiscal responsibility, an application
185 for a charter school shall include a full accounting of expected
186 assets, a projection of expected sources and amounts of income,
187 including income derived from projected student enrollments and
188 from community support, and an expense projection that includes
189 full accounting of the costs of operation, including start-up
190 costs.
191 3.a. A sponsor shall by a majority vote approve or deny an
192 application no later than 60 calendar days after the application
193 is received, unless the sponsor and the applicant mutually agree
194 in writing to temporarily postpone the vote to a specific date,
195 at which time the sponsor shall by a majority vote approve or
196 deny the application. If the sponsor fails to act on the
197 application, an applicant may appeal to the State Board of
198 Education as provided in paragraph (c). If an application is
199 denied, the sponsor shall, within 10 calendar days after such
200 denial, articulate in writing the specific reasons, based upon
201 good cause, supporting its denial of the charter application and
202 shall provide the letter of denial and supporting documentation
203 to the applicant and to the Department of Education.
204 b. An application submitted by a high-performing charter
205 school identified pursuant to s. 1002.331 may be denied by the
206 sponsor only if the sponsor demonstrates by clear and convincing
207 evidence that:
208 (I) The application does not materially comply with the
209 requirements in paragraph (a);
210 (II) The charter school proposed in the application does
211 not materially comply with the requirements in paragraphs
212 (9)(a)-(f);
213 (III) The proposed charter school’s educational program
214 does not substantially replicate that of the applicant or one of
215 the applicant’s high-performing charter schools;
216 (IV) The applicant has made a material misrepresentation or
217 false statement or concealed an essential or material fact
218 during the application process; or
219 (V) The proposed charter school’s educational program and
220 financial management practices do not materially comply with the
221 requirements of this section.
222
223 Material noncompliance is a failure to follow requirements or a
224 violation of prohibitions applicable to charter school
225 applications, which failure is quantitatively or qualitatively
226 significant either individually or when aggregated with other
227 noncompliance. An applicant is considered to be replicating a
228 high-performing charter school if the proposed school is
229 substantially similar to at least one of the applicant’s high
230 performing charter schools and the organization or individuals
231 involved in the establishment and operation of the proposed
232 school are significantly involved in the operation of replicated
233 schools.
234 c. If the sponsor denies an application submitted by a
235 high-performing charter school, the sponsor must, within 10
236 calendar days after such denial, state in writing the specific
237 reasons, based upon the criteria in sub-subparagraph b.,
238 supporting its denial of the application and must provide the
239 letter of denial and supporting documentation to the applicant
240 and to the Department of Education. The applicant may appeal the
241 sponsor’s denial of the application directly to the State Board
242 of Education pursuant to paragraph (c) and must provide the
243 sponsor with a copy of the appeal sub-subparagraph (c)3.b.
244 4. For budget projection purposes, the sponsor shall report
245 to the Department of Education the approval or denial of an a
246 charter application within 10 calendar days after such approval
247 or denial. In the event of approval, the report to the
248 Department of Education shall include the final projected FTE
249 for the approved charter school.
250 5. Upon approval of an a charter application, the initial
251 startup shall commence with the beginning of the public school
252 calendar for the district in which the charter is granted unless
253 the sponsor allows a waiver of this subparagraph for good cause.
254 (c)1. An applicant may appeal any denial of that
255 applicant’s application or failure to act on an application to
256 the State Board of Education within no later than 30 calendar
257 days after receipt of the sponsor’s decision or failure to act
258 and shall notify the sponsor of its appeal. Any response of the
259 sponsor shall be submitted to the State Board of Education
260 within 30 calendar days after notification of the appeal. Upon
261 receipt of notification from the State Board of Education that a
262 charter school applicant is filing an appeal, the Commissioner
263 of Education shall convene a meeting of the Charter School
264 Appeal Commission to study and make recommendations to the State
265 Board of Education regarding its pending decision about the
266 appeal. The commission shall forward its recommendation to the
267 state board at least 7 calendar days before the date on which
268 the appeal is to be heard. An appeal regarding the denial of an
269 application submitted by a high-performing charter school
270 pursuant to s. 1002.331 shall be conducted by the State Board of
271 Education in accordance with this paragraph, except that the
272 commission shall not convene to make recommendations regarding
273 the appeal. However, the Commissioner of Education shall review
274 the appeal and make a recommendation to the state board.
275 2. The Charter School Appeal Commission or, in the case of
276 an appeal regarding an application submitted by a high
277 performing charter school, the State Board of Education may
278 reject an appeal submission for failure to comply with
279 procedural rules governing the appeals process. The rejection
280 shall describe the submission errors. The appellant shall have
281 15 calendar days after notice of rejection in which to resubmit
282 an appeal that meets the requirements set forth in State Board
283 of Education rule. An appeal submitted subsequent to such
284 rejection is considered timely if the original appeal was filed
285 within 30 calendar days after receipt of notice of the specific
286 reasons for the sponsor’s denial of the charter application.
287 3.a. The State Board of Education shall by majority vote
288 accept or reject the decision of the sponsor no later than 90
289 calendar days after an appeal is filed in accordance with State
290 Board of Education rule. The State Board of Education shall
291 remand the application to the sponsor with its written decision
292 that the sponsor approve or deny the application. The sponsor
293 shall implement the decision of the State Board of Education.
294 The decision of the State Board of Education is not subject to
295 the provisions of the Administrative Procedure Act, chapter 120.
296 b. If an appeal concerns an application submitted by a
297 high-performing charter school identified pursuant to s.
298 1002.331, the State Board of Education shall determine whether
299 the sponsor’s denial of the application complies with the
300 requirements in sub-subparagraph (b)3.b. sponsor has shown, by
301 clear and convincing evidence, that:
302 (I) The application does not materially comply with the
303 requirements in paragraph (a);
304 (II) The charter school proposed in the application does
305 not materially comply with the requirements in paragraphs
306 (9)(a)-(f);
307 (III) The proposed charter school’s educational program
308 does not substantially replicate that of the applicant or one of
309 the applicant’s high-performing charter schools;
310 (IV) The applicant has made a material misrepresentation or
311 false statement or concealed an essential or material fact
312 during the application process; or
313 (V) The proposed charter school’s educational program and
314 financial management practices do not materially comply with the
315 requirements of this section.
316
317 The State Board of Education shall approve or reject the
318 sponsor’s denial of an application no later than 90 calendar
319 days after an appeal is filed in accordance with State Board of
320 Education rule. The State Board of Education shall remand the
321 application to the sponsor with its written decision that the
322 sponsor approve or deny the application. The sponsor shall
323 implement the decision of the State Board of Education. The
324 decision of the State Board of Education is not subject to the
325 Administrative Procedure Act, chapter 120.
326 (7) CHARTER.—The major issues involving the operation of a
327 charter school shall be considered in advance and written into
328 the charter. The charter shall be signed by the governing board
329 of the charter school and the sponsor, following a public
330 hearing to ensure community input.
331 (a) The charter shall address and criteria for approval of
332 the charter shall be based on:
333 1. The school’s mission, the students to be served, and the
334 ages and grades to be included.
335 2. The focus of the curriculum, the instructional methods
336 to be used, any distinctive instructional techniques to be
337 employed, and identification and acquisition of appropriate
338 technologies needed to improve educational and administrative
339 performance which include a means for promoting safe, ethical,
340 and appropriate uses of technology which comply with legal and
341 professional standards.
342 a. The charter shall ensure that reading is a primary focus
343 of the curriculum and that resources are provided to identify
344 and provide specialized instruction for students who are reading
345 below grade level. The curriculum and instructional strategies
346 for reading must be consistent with the Next Generation Sunshine
347 State Standards and grounded in scientifically based reading
348 research.
349 b. In order to provide students with access to diverse
350 instructional delivery models, to facilitate the integration of
351 technology within traditional classroom instruction, and to
352 provide students with the skills they need to compete in the
353 21st century economy, the Legislature encourages instructional
354 methods for blended learning courses consisting of both
355 traditional classroom and online instructional techniques.
356 Charter schools may implement blended learning courses which
357 combine traditional classroom instruction and virtual
358 instruction. Students in a blended learning course must be full
359 time students of the charter school and receive the online
360 instruction in a classroom setting at the charter school.
361 Instructional personnel certified pursuant to s. 1012.55 who
362 provide virtual instruction for blended learning courses may be
363 employees of the charter school or may be under contract to
364 provide instructional services to charter school students. At a
365 minimum, such instructional personnel must hold an active state
366 or school district adjunct certification under s. 1012.57 for
367 the subject area of the blended learning course. The funding and
368 performance accountability requirements for blended learning
369 courses are the same as those for traditional courses.
370 3. The current incoming baseline standard of student
371 academic achievement, the outcomes to be achieved, and the
372 method of measurement that will be used. The criteria listed in
373 this subparagraph shall include a detailed description of:
374 a. How the baseline student academic achievement levels and
375 prior rates of academic progress will be established.
376 b. How these baseline rates will be compared to rates of
377 academic progress achieved by these same students while
378 attending the charter school.
379 c. To the extent possible, how these rates of progress will
380 be evaluated and compared with rates of progress of other
381 closely comparable student populations.
382
383 The district school board is required to provide academic
384 student performance data to charter schools for each of their
385 students coming from the district school system, as well as
386 rates of academic progress of comparable student populations in
387 the district school system.
388 4. The methods used to identify the educational strengths
389 and needs of students and how well educational goals and
390 performance standards are met by students attending the charter
391 school. The methods shall provide a means for the charter school
392 to ensure accountability to its constituents by analyzing
393 student performance data and by evaluating the effectiveness and
394 efficiency of its major educational programs. Students in
395 charter schools shall, at a minimum, participate in the
396 statewide assessment program created under s. 1008.22.
397 5. In secondary charter schools, a method for determining
398 that a student has satisfied the requirements for graduation in
399 s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
400 6. A method for resolving conflicts between the governing
401 board of the charter school and the sponsor.
402 7. The admissions procedures and dismissal procedures,
403 including the school’s code of student conduct.
404 8. The ways by which the school will achieve a
405 racial/ethnic balance reflective of the community it serves or
406 within the racial/ethnic range of other public schools in the
407 same school district.
408 9. The financial and administrative management of the
409 school, including a reasonable demonstration of the professional
410 experience or competence of those individuals or organizations
411 applying to operate the charter school or those hired or
412 retained to perform such professional services and the
413 description of clearly delineated responsibilities and the
414 policies and practices needed to effectively manage the charter
415 school. A description of internal audit procedures and
416 establishment of controls to ensure that financial resources are
417 properly managed must be included. Both public sector and
418 private sector professional experience shall be equally valid in
419 such a consideration.
420 10. The asset and liability projections required in the
421 application which are incorporated into the charter and shall be
422 compared with information provided in the annual report of the
423 charter school.
424 11. A description of procedures that identify various risks
425 and provide for a comprehensive approach to reduce the impact of
426 losses; plans to ensure the safety and security of students and
427 staff; plans to identify, minimize, and protect others from
428 violent or disruptive student behavior; and the manner in which
429 the school will be insured, including whether or not the school
430 will be required to have liability insurance, and, if so, the
431 terms and conditions thereof and the amounts of coverage.
432 12. The term of the charter which shall provide for
433 cancellation of the charter if insufficient progress has been
434 made in attaining the student achievement objectives of the
435 charter and if it is not likely that such objectives can be
436 achieved before expiration of the charter. The initial term of
437 the a charter is either shall be for 4 years or 5 years. In
438 order to facilitate access to long-term financial resources for
439 charter school construction, Charter schools that are operated
440 by a municipality or other public entity, as provided by law, or
441 a private, not-for-profit corporation granted 501(c)(3) status
442 by the Internal Revenue Service are eligible for up to a 15-year
443 charter, subject to approval by the district school board. A
444 charter lab school is also eligible for a charter for a term of
445 up to 15 years. In addition, to facilitate access to long-term
446 financial resources for charter school construction, charter
447 schools that are operated by a private, not-for-profit, s.
448 501(c)(3) status corporation are eligible for up to a 15-year
449 charter, subject to approval by the district school board. Such
450 long-term charters remain subject to annual review and may be
451 terminated during the term of the charter, but only according to
452 the provisions set forth in subsection (8) or paragraph (9)(n).
453 13. Termination or nonrenewal of the charter pursuant to
454 subsection (8) or paragraph (9)(n).
455 14.13. The facilities to be used and their location. The
456 sponsor may not require a charter school to have a certificate
457 of occupancy or a temporary certificate of occupancy for such a
458 facility earlier than 15 calendar days before the first day of
459 school.
460 15.14. The qualifications to be required of the teachers
461 and the potential strategies used to recruit, hire, train, and
462 retain qualified staff to achieve best value.
463 16.15. The governance structure of the school, including
464 the status of the charter school as a public or private employer
465 as required in paragraph (12)(i).
466 17.16. A timetable for implementing the charter which
467 addresses the implementation of each element thereof and the
468 date by which the charter shall be awarded in order to meet this
469 timetable.
470 18.17. In the case of an existing public school that is
471 being converted to charter status, alternative arrangements for
472 current students who choose not to attend the charter school and
473 for current teachers who choose not to teach in the charter
474 school after conversion in accordance with the existing
475 collective bargaining agreement or district school board rule in
476 the absence of a collective bargaining agreement. However,
477 alternative arrangements shall not be required for current
478 teachers who choose not to teach in a charter lab school, except
479 as authorized by the employment policies of the state university
480 which grants the charter to the lab school.
481 19.18. Full disclosure of the identity of all relatives
482 employed by the charter school who are related to the charter
483 school owner, president, chairperson of the governing board of
484 directors, superintendent, governing board member, principal,
485 assistant principal, or any other person employed by the charter
486 school who has equivalent decisionmaking authority. For the
487 purpose of this subparagraph, the term “relative” means father,
488 mother, son, daughter, brother, sister, uncle, aunt, first
489 cousin, nephew, niece, husband, wife, father-in-law, mother-in
490 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
491 stepfather, stepmother, stepson, stepdaughter, stepbrother,
492 stepsister, half brother, or half sister.
493 20.19. Implementation of the activities authorized under s.
494 1002.331 by the charter school when it satisfies the eligibility
495 requirements for a high-performing charter school. A high
496 performing charter school shall notify its sponsor in writing by
497 March 1 if it intends to increase enrollment or expand grade
498 levels the following school year. The written notice shall
499 specify the amount of the enrollment increase and the grade
500 levels that will be added, as applicable.
501 (b)1. A charter may be renewed provided that a program
502 review demonstrates that the criteria in paragraph (a) have been
503 successfully accomplished and that none of the grounds for
504 nonrenewal established by paragraph (8)(a) has been documented.
505 In order to facilitate long-term financing for charter school
506 construction, Charter schools operating for a minimum of 3 years
507 and demonstrating exemplary academic programming and fiscal
508 management are eligible for a 15-year charter renewal. Such
509 long-term charter is subject to annual review and may be
510 terminated during the term of the charter.
511 2. The 15-year charter renewal that may be granted pursuant
512 to subparagraph 1. shall be granted to a charter school that has
513 received a school grade of “A” or “B” pursuant to s. 1008.34 in
514 3 of the past 4 years and is not in a state of financial
515 emergency or deficit position as defined by this section. Such
516 long-term charter is subject to annual review and may be
517 terminated during the term of the charter pursuant to subsection
518 (8).
519 (c) A charter may be modified during its initial term or
520 any renewal term upon the recommendation of the sponsor or the
521 charter school’s governing board and the approval of both
522 parties to the agreement. Modification may include, but is not
523 limited to, consolidation of multiple charters into a single
524 charter if the charters are operated under the same governing
525 board and physically located on the same campus, regardless of
526 the renewal cycle.
527 (d)1. Each charter school’s governing board must appoint a
528 representative to facilitate parental involvement, provide
529 access to information, assist parents and others with questions
530 and concerns, and resolve disputes. The representative must
531 reside in the school district in which the charter school is
532 located and may be a governing board member, charter school
533 employee, or individual contracted to represent the governing
534 board. If the governing board oversees multiple charter schools
535 in the same school district, the governing board must appoint a
536 separate individual representative for each charter school in
537 the district. The representative’s contact information must be
538 provided annually in writing to parents and posted prominently
539 on the charter school’s website if a website is maintained by
540 the school. The sponsor may not require that governing board
541 members reside in the school district in which the charter
542 school is located if the charter school complies with this
543 paragraph.
544 2. Each charter school’s governing board must hold at least
545 two public meetings per school year in the school district. The
546 meetings must be noticed, open, and accessible to the public,
547 and attendees must be provided an opportunity to receive
548 information and provide input regarding the charter school’s
549 operations. The appointed representative and charter school
550 principal or director, or his or her equivalent, must be
551 physically present at each meeting.
552 (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.—
553 (e) When a charter is not renewed or is terminated or when
554 a charter school is closed voluntarily by the operator, the
555 school shall be dissolved under the provisions of law under
556 which the school was organized, and any unencumbered public
557 funds, except for capital outlay funds and federal charter
558 school program grant funds, from the charter school shall revert
559 to the sponsor. Capital outlay funds provided pursuant to s.
560 1013.62 and federal charter school program grant funds that are
561 unencumbered shall revert to the department to be redistributed
562 among eligible charter schools. In the event a charter school is
563 dissolved or is otherwise terminated, all district school board
564 property and improvements, furnishings, and equipment purchased
565 with public funds shall automatically revert to full ownership
566 by the district school board, subject to complete satisfaction
567 of any lawful liens or encumbrances. Any unencumbered public
568 funds from the charter school, district school board property
569 and improvements, furnishings, and equipment purchased with
570 public funds, or financial or other records pertaining to the
571 charter school, in the possession of any person, entity, or
572 holding company, other than the charter school, shall be held in
573 trust upon the district school board’s request, until any appeal
574 status is resolved.
575 (f) If a charter is not renewed or is terminated or a
576 charter school is closed voluntarily by the operator, the
577 charter school is responsible for all debts of the charter
578 school. The district may not assume the debt from any contract
579 made between the governing body of the school and a third party,
580 except for a debt that is previously detailed and agreed upon in
581 writing by both the district and the governing body of the
582 school and that may not reasonably be assumed to have been
583 satisfied by the district.
584 (g) If a charter is not renewed or is terminated, a student
585 who attended the school may apply to, and shall be enrolled in,
586 another public school. Normal application deadlines shall be
587 disregarded under such circumstances.
588 (h) The governing board of a charter school that closes
589 voluntarily shall notify the sponsor and the department in
590 writing within 7 calendar days of its decision to cease
591 operations. The notice must state the reasons for the closure
592 and acknowledge that the governing board agrees to follow the
593 procedures for dissolution and reversion of public funds
594 specified in this subsection and paragraph (9)(o).
595 (i) For a high-performing charter school that is having the
596 charter agreement renewed, the charter contract, as that
597 contract exists on the day the term of the contract is to
598 terminate, must be automatically renewed for 15 years if the
599 charter school governing board and sponsor have not executed the
600 renewal before the term of the charter agreement is scheduled to
601 expire.
602 (9) CHARTER SCHOOL REQUIREMENTS.—
603 (g)1. In order to provide financial information that is
604 comparable to that reported for other public schools, charter
605 schools are to maintain all financial records that constitute
606 their accounting system:
607 a. In accordance with the accounts and codes prescribed in
608 the most recent issuance of the publication titled “Financial
609 and Program Cost Accounting and Reporting for Florida Schools”;
610 or
611 b. At the discretion of the charter school’s governing
612 board, a charter school may elect to follow generally accepted
613 accounting standards for not-for-profit organizations, but must
614 reformat this information for reporting according to this
615 paragraph.
616 2. Charter schools shall provide annual financial report
617 and program cost report information in the state-required
618 formats for inclusion in district reporting in compliance with
619 s. 1011.60(1). Charter schools that are operated by a
620 municipality or are a component unit of a parent nonprofit
621 organization may use the accounting system of the municipality
622 or the parent but must reformat this information for reporting
623 according to this paragraph.
624 3. A charter school shall, upon execution of the contract,
625 provide the sponsor with a concise, uniform, monthly financial
626 statement summary sheet that contains a balance sheet and a
627 statement of revenue, expenditures, and changes in fund balance.
628 The balance sheet and the statement of revenue, expenditures,
629 and changes in fund balance shall be in the governmental funds
630 format prescribed by the Governmental Accounting Standards
631 Board. A high-performing charter school pursuant to s. 1002.331
632 may provide a quarterly financial statement in the same format
633 and requirements as the uniform monthly financial statement
634 summary sheet. The sponsor shall review each monthly financial
635 statement, to identify the existence of any conditions
636 identified in s. 1002.345 (1)(a).
637 4. A charter school shall maintain and provide financial
638 information as required in this paragraph. The financial
639 statement required in subparagraph 3. must be in a form
640 prescribed by the Department of Education.
641 (n)1. The director and a representative of the governing
642 board of a charter school that has earned a grade of “D” or “F”
643 pursuant to s. 1008.34 shall appear before the sponsor to
644 present information concerning each contract component having
645 noted deficiencies. The director and a representative of the
646 governing board shall submit to the sponsor for approval a
647 school improvement plan to raise student performance. Upon
648 approval by the sponsor, the charter school shall begin
649 implementation of the school improvement plan. The department
650 shall offer technical assistance and training to the charter
651 school and its governing board and establish guidelines for
652 developing, submitting, and approving such plans.
653 2.a. If a charter school earns three consecutive grades of
654 “D,” two consecutive grades of “D” followed by a grade of “F,”
655 or two nonconsecutive grades of “F” within a 3-year period, the
656 charter school governing board shall choose one of the following
657 corrective actions:
658 (I) Contract for educational services to be provided
659 directly to students, instructional personnel, and school
660 administrators, as prescribed in state board rule;
661 (II) Contract with an outside entity that has a
662 demonstrated record of effectiveness to operate the school;
663 (III) Reorganize the school under a new director or
664 principal who is authorized to hire new staff; or
665 (IV) Voluntarily close the charter school.
666 b. The charter school must implement the corrective action
667 in the school year following receipt of a third consecutive
668 grade of “D,” a grade of “F” following two consecutive grades of
669 “D,” or a second nonconsecutive grade of “F” within a 3-year
670 period.
671 c. The sponsor may annually waive a corrective action if it
672 determines that the charter school is likely to improve a letter
673 grade if additional time is provided to implement the
674 intervention and support strategies prescribed by the school
675 improvement plan. Notwithstanding this sub-subparagraph, a
676 charter school that earns a second consecutive grade of “F” is
677 subject to subparagraph 4.
678 d. A charter school is no longer required to implement a
679 corrective action if it improves by at least one letter grade.
680 However, the charter school must continue to implement
681 strategies identified in the school improvement plan. The
682 sponsor must annually review implementation of the school
683 improvement plan to monitor the school’s continued improvement
684 pursuant to subparagraph 5.
685 e. A charter school implementing a corrective action that
686 does not improve by at least one letter grade after 2 full
687 school years of implementing the corrective action must select a
688 different corrective action. Implementation of the new
689 corrective action must begin in the school year following the
690 implementation period of the existing corrective action, unless
691 the sponsor determines that the charter school is likely to
692 improve a letter grade if additional time is provided to
693 implement the existing corrective action. Notwithstanding this
694 sub-subparagraph, a charter school that earns a second
695 consecutive grade of “F” while implementing a corrective action
696 is subject to subparagraph 4.
697 3. A charter school with a grade of “D” or “F” that
698 improves by at least one letter grade must continue to implement
699 the strategies identified in the school improvement plan. The
700 sponsor must annually review implementation of the school
701 improvement plan to monitor the school’s continued improvement
702 pursuant to subparagraph 5.
703 4. A charter school’s charter is automatically terminated
704 if the school earns two consecutive grades of “F” after all
705 school grade appeals are final The sponsor shall terminate a
706 charter if the charter school earns two consecutive grades of
707 “F” unless:
708 a. The charter school is established to turn around the
709 performance of a district public school pursuant to s.
710 1008.33(4)(b)3. Such charter schools shall be governed by s.
711 1008.33;
712 b. The charter school serves a student population the
713 majority of which resides in a school zone served by a district
714 public school that earned a grade of “F” in the year before the
715 charter school opened and the charter school earns at least a
716 grade of “D” in its third year of operation. The exception
717 provided under this sub-subparagraph does not apply to a charter
718 school in its fourth year of operation and thereafter; or
719 c. The state board grants the charter school a waiver of
720 termination. The charter school must request the waiver within
721 15 days after the department’s official release of school
722 grades. The state board may waive termination if the charter
723 school demonstrates that the Learning Gains of its students on
724 statewide assessments are comparable to or better than the
725 Learning Gains of similarly situated students enrolled in nearby
726 district public schools. The waiver is valid for 1 year and may
727 only be granted once. Charter schools that have been in
728 operation for more than 5 years are not eligible for a waiver
729 under this sub-subparagraph.
730
731 The sponsor shall notify in writing the charter school’s
732 governing board, the charter school principal, and the
733 department when a charter is terminated under this subparagraph.
734 A charter terminated under this subparagraph is governed by the
735 requirements of paragraphs (8)(e)-(g) and paragraph (o) of this
736 subsection.
737 5. The director and a representative of the governing board
738 of a graded charter school that has implemented a school
739 improvement plan under this paragraph shall appear before the
740 sponsor at least once a year to present information regarding
741 the progress of intervention and support strategies implemented
742 by the school pursuant to the school improvement plan and
743 corrective actions, if applicable. The sponsor shall communicate
744 at the meeting, and in writing to the director, the services
745 provided to the school to help the school address its
746 deficiencies.
747 6. Notwithstanding any provision of this paragraph except
748 sub-subparagraphs 4.a.-c., the sponsor may terminate the charter
749 at any time pursuant to subsection (8).
750 (p)1. Each charter school shall maintain a website that
751 enables the public to obtain information regarding the school;
752 the school’s academic performance; the names of the governing
753 board members; the programs at the school; any management
754 companies, service providers, or education management
755 corporations associated with the school; the school’s annual
756 budget and its annual independent fiscal audit; the school’s
757 grade pursuant to s. 1008.34; and, on a quarterly basis, the
758 minutes of governing board meetings.
759 2. Each charter school’s governing board shall appoint a
760 representative to facilitate parental involvement, provide
761 access to information, assist parents and others with questions
762 and concerns, and resolve disputes. The representative must
763 reside in the school district in which the charter school is
764 located and may be a governing board member, charter school
765 employee, or individual contracted to represent the governing
766 board. If the governing board oversees multiple charter schools
767 in the same school district, the governing board must appoint a
768 separate individual representative for each charter school in
769 the district. The representative’s contact information must be
770 provided annually, in writing, to parents and posted prominently
771 on the charter school’s website. The sponsor may not require
772 that governing board members reside in the school district in
773 which the charter school is located if the charter school
774 complies with this paragraph.
775 3. Each charter school’s governing board must hold at least
776 two public meetings per school year in the school district where
777 the charter school is located. The meetings must be noticed,
778 open, and accessible to the public, and attendees must be
779 provided an opportunity to receive information and provide input
780 regarding the charter school’s operations. The appointed
781 representative and charter school principal or director, or his
782 or her equivalent, must be physically present at each meeting.
783 (13) CHARTER SCHOOL COOPERATIVES.—Charter schools may enter
784 into cooperative agreements with other charter schools or
785 educational institutions to form charter school cooperative
786 organizations that may provide the following services to further
787 educational, enrollment, operational, and administrative
788 initiatives in which the participating charter schools share
789 common interests: charter school planning and development,
790 direct instructional services, and contracts with charter school
791 governing boards to provide personnel administrative services,
792 payroll services, human resource management, evaluation and
793 assessment services, teacher preparation, and professional
794 development.
795 (17) FUNDING.—Students enrolled in a charter school,
796 regardless of the sponsorship, shall be funded as if they are in
797 a basic program or a special program, the same as students
798 enrolled in other public schools in the school district. Funding
799 for a charter lab school shall be as provided in s. 1002.32.
800 (e) District school boards shall make timely and efficient
801 payment and reimbursement to charter schools, including
802 processing paperwork required to access special state and
803 federal funding for which they may be eligible. The district
804 school board may distribute funds to a charter school for up to
805 3 months based on the projected full-time equivalent student
806 membership of the charter school. Thereafter, the results of
807 full-time equivalent student membership surveys shall be used in
808 adjusting the amount of funds distributed monthly to the charter
809 school for the remainder of the fiscal year. The payment shall
810 be issued no later than 10 working days after the district
811 school board receives a distribution of state or federal funds.
812 If a warrant for payment is not issued within 10 working days
813 after receipt of funding by the district school board, the
814 school district shall pay to the charter school, in addition to
815 the amount of the scheduled disbursement, interest at a rate of
816 1 percent per month calculated on a daily basis on the unpaid
817 balance from the expiration of the 10 working days until such
818 time as the warrant is issued. The district school board may not
819 delay payment to a charter school of any portion of the funds
820 provided in paragraph (b) based on the timing of receipt of
821 local funds by the district school board.
822 (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.—
823 (a) The Department of Education shall provide information
824 to the public, directly and through sponsors, on how to form and
825 operate a charter school and how to enroll in a charter school
826 once it is created. This information shall include a standard
827 model application form, standard charter contract, standard
828 application evaluation instrument, and standard charter renewal
829 contract, which shall include the information specified in
830 subsection (7) and shall be developed by consulting and
831 negotiating with both school districts and charter schools
832 before implementation. The charter and charter renewal contracts
833 shall be used by charter school sponsors.
834 Section 3. Paragraph (e) of subsection (2) and subsection
835 (5) of section 1002.331, Florida Statutes, are amended to read:
836 1002.331 High-performing charter schools.—
837 (2) A high-performing charter school is authorized to:
838 (e) Receive a modification of its charter to a term of 15
839 years or a 15-year charter renewal. The charter may be modified
840 or renewed for a shorter term at the option of the high
841 performing charter school. The charter must be consistent with
842 s. 1002.33(7)(a)20. s. 1002.33(7)(a)19. and (10)(h) and (i), is
843 subject to annual review by the sponsor, and may be terminated
844 during its term pursuant to s. 1002.33(8).
845
846 A high-performing charter school shall notify its sponsor in
847 writing by March 1 if it intends to increase enrollment or
848 expand grade levels the following school year. The written
849 notice shall specify the amount of the enrollment increase and
850 the grade levels that will be added, as applicable. If a charter
851 school notifies the sponsor of its intent to expand, the sponsor
852 shall modify the charter within 90 days to include the new
853 enrollment maximum and may not make any other changes. The
854 sponsor may deny a request to increase the enrollment of a high
855 performing charter school if the commissioner has declassified
856 the charter school as high-performing. If a high-performing
857 charter school requests to consolidate multiple charters, the
858 sponsor shall have 40 days after receipt of that request to
859 provide an initial draft charter to the charter school. The
860 sponsor and charter school shall have 50 days thereafter to
861 negotiate and notice the charter contract for final approval by
862 the sponsor.
863 (5) The Commissioner of Education, upon request by a
864 charter school, shall verify that the charter school meets the
865 criteria in subsection (1) and provide a letter to the charter
866 school and the sponsor stating that the charter school is a
867 high-performing charter school pursuant to this section. The
868 commissioner shall annually determine whether a high-performing
869 charter school under subsection (1) continues to meet the
870 criteria in that subsection. Such high-performing charter school
871 shall maintain its high-performing status unless the
872 commissioner determines that the charter school no longer meets
873 the criteria in subsection (1), at which time the commissioner
874 shall send a letter to the charter school and its sponsor
875 providing notification that the charter school has been
876 declassified of its declassification as a high-performing
877 charter school.
878 Section 4. Paragraph (a) of subsection (8) of section
879 1002.37, Florida Statutes, is amended to read:
880 1002.37 The Florida Virtual School.—
881 (8)(a) The Florida Virtual School may provide full-time and
882 part-time instruction for students in kindergarten through grade
883 12. To receive part-time instruction in kindergarten through
884 grade 5, a student must meet at least one of the eligibility
885 criteria in s. 1002.455(2).
886 Section 5. Subsection (5) and paragraphs (c) and (d) of
887 subsection (8) of section 1002.45, Florida Statutes, are amended
888 to read:
889 1002.45 Virtual instruction programs.—
890 (5) STUDENT ELIGIBILITY.—Students in kindergarten through
891 grade 12 A student may enroll in a virtual instruction program
892 provided by the school district or by a virtual charter school
893 operated in the district in which he or she resides if the
894 student meets eligibility requirements for virtual instruction
895 pursuant to s. 1002.455.
896 (8) ASSESSMENT AND ACCOUNTABILITY.—
897 (c) An approved provider that receives a school grade of
898 “D” or “F” under s. 1008.34 or a school improvement rating of
899 “Unsatisfactory” “Declining” under s. 1008.341 must file a
900 school improvement plan with the department for consultation to
901 determine the causes for low performance and to develop a plan
902 for correction and improvement.
903 (d) An approved provider’s contract is automatically must
904 be terminated if the provider earns two consecutive school
905 grades of receives a school grade of “D” or “F” under s.
906 1008.34, receives two consecutive or a school improvement
907 ratings rating of “Unsatisfactory” “Declining” under s.
908 1008.341, for 2 years during any consecutive 4-year period or
909 has violated any qualification requirement pursuant to
910 subsection (2). A provider that has a contract terminated under
911 this paragraph may not be an approved provider for a period of
912 at least 1 year after the date upon which the contract was
913 terminated and until the department determines that the provider
914 is in compliance with subsection (2) and has corrected each
915 cause of the provider’s low performance.
916 Section 6. Section 1002.455, Florida Statutes, is repealed.
917 Section 7. Subsection (2) of section 1003.498, Florida
918 Statutes, is amended to read:
919 1003.498 School district virtual course offerings.—
920 (2) School districts may offer virtual courses for students
921 enrolled in the school district. These courses must be
922 identified in the course code directory. Students who meet the
923 eligibility requirements of s. 1002.455 may participate in these
924 virtual course offerings.
925 (a) Any eligible student who is enrolled in a school
926 district may register and enroll in an online course offered by
927 his or her school district.
928 (b)1. Any eligible student who is enrolled in a school
929 district may register and enroll in an online course offered by
930 any other school district in the state. The school district in
931 which the student completes the course shall report the
932 student’s completion of that course for funding pursuant to s.
933 1011.61(1)(c)1.b.(VI), and the home school district shall not
934 report the student for funding for that course.
935 2. The full-time equivalent student membership calculated
936 under this subsection is subject to the requirements in s.
937 1011.61(4). The Department of Education shall establish
938 procedures to enable interdistrict coordination for the delivery
939 and funding of this online option.
940 Section 8. Section 1003.5711, Florida Statutes, is created
941 to read:
942 1003.5711 Instruction for students receiving hospitalized
943 program services.—
944 (1) A public school student in prekindergarten through
945 grade 12 who is deemed eligible for hospitalized program
946 services in this state is considered a student with a
947 disability.
948 (a) If the student has an individual education plan (IEP),
949 the IEP must be followed, but upon request of the student’s
950 parent, the IEP may be modified to accommodate the student’s use
951 of hospitalized program services in a children’s hospital
952 pursuant to this section.
953 (b) The student’s IEP may be modified to reduce the
954 student’s course load to core courses identified in s.
955 1002.20(19)(a). The student may be excused or exempted from
956 physical education classes or instruction based on the IEP or
957 orders from the student’s medical doctor. The student’s IEP may
958 allow the student to receive instruction beyond the normal
959 school hours, school day, or school year of the school district.
960 (2) A student who is admitted to a children’s hospital for
961 hospitalized program services must continue to receive
962 educational instruction.
963 (a) If a student is expected to be absent from school and
964 admitted to the children’s hospital for hospitalized program
965 services for at least 15 consecutive days, no later than the
966 fifth day of the student’s hospital stay, the school district in
967 which the student is or was most recently enrolled may choose to
968 provide a certified teacher to the children’s hospital to
969 provide instruction to the student. If that school district
970 declines to provide a certified teacher, the school district in
971 which the children’s hospital is located must provide a
972 certified teacher to provide the student with instruction, or
973 must partner with the Florida Virtual School for instructional
974 services as authorized in this section. Such school district
975 shall also provide the student’s instructional materials and
976 other necessary educational support and services identified in
977 the IEP.
978 (b) A student in prekindergarten through grade 6 shall be
979 taught in person by the certified teacher. A student in grades 7
980 through 12 shall be taught in person by the certified teacher,
981 or the student may choose to utilize instruction from the
982 Florida Virtual School. If the Florida Virtual School is used by
983 any student, at least one certified teacher from the Florida
984 Virtual School must be present at the hospital to assist with
985 online learning.
986 (3) If a school district other than the one in which the
987 student was previously enrolled provides the hospitalized
988 program services, the Department of Education must transfer the
989 funds from the school district in which the student was
990 previously enrolled to the school district in which the
991 children’s hospital providing hospitalized program services is
992 located. This transfer shall occur no later than each subsequent
993 quarterly FEFP payment.
994 (4) The children’s hospital providing the hospitalized
995 program services is responsible for providing adequate
996 educational space for each student, but is not required to
997 comply with chapter 1013. The hospital and applicable school
998 district must enter into an agreement to implement this section.
999 The agreement may be student-specific or address all students as
1000 necessary.
1001 (5) The intent of this section is to supplement existing
1002 laws, rules, and regulations concerning hospitalized students
1003 that use hospitalized program services at a children’s hospital.
1004 Section 9. Section 1004.6491, Florida Statutes, is created
1005 to read:
1006 1004.6491 Florida Institute for Charter School Innovation.—
1007 (1) There is established the Florida Institute for Charter
1008 School Innovation within the Florida State University. The
1009 purpose of the institute is to advance charter school
1010 accountability, quality, and innovation; provide support and
1011 technical assistance to charter school applicants; connect
1012 aspiring teachers to opportunities to experience teaching in
1013 schools of choice; and conduct research and develop and promote
1014 best practices for charter school authorization, financing,
1015 management, operations, and instructional practices.
1016 (2) The institute shall:
1017 (a) Conduct research to inform both policy and practice
1018 related to charter school accountability, financing, management,
1019 operations, and instructional practices.
1020 (b) Partner with state-approved teacher preparation
1021 programs in this state to provide opportunities for aspiring
1022 teachers to experience teaching in schools of choice.
1023 (c) Provide technical assistance and support to charter
1024 school applicants with innovative charter school concepts.
1025 (3) The President of the Florida State University shall
1026 appoint a director of the institute. The director is responsible
1027 for overall management of the institute and for developing and
1028 executing the work of the institute consistent with this
1029 section. The director may engage individuals in other state
1030 universities with accredited colleges of education to
1031 participate in the institute.
1032 (4) By each October 1, the institute shall provide a
1033 written report to the Governor, the President of the Senate, and
1034 the Speaker of the House of Representatives which outlines its
1035 activities in the preceding year, reports significant research
1036 findings, details expenditures of state funds, and provides
1037 specific recommendations for improving the institute’s ability
1038 to fulfil its mission and for changes to statewide charter
1039 school policy.
1040 (5) Within 180 days after completion of the institute’s
1041 fiscal year, the institute shall provide to the Auditor General,
1042 the Board of Governors of the State University System, and the
1043 State Board of Education a report on the results of an annual
1044 financial audit conducted by an independent certified public
1045 accountant in accordance with s. 11.45.
1046 Section 10. Subsection (11) of section 1011.62, Florida
1047 Statutes, is amended to read:
1048 1011.62 Funds for operation of schools.—If the annual
1049 allocation from the Florida Education Finance Program to each
1050 district for operation of schools is not determined in the
1051 annual appropriations act or the substantive bill implementing
1052 the annual appropriations act, it shall be determined as
1053 follows:
1054 (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may
1055 annually provide in the Florida Education Finance Program a
1056 virtual education contribution. The amount of the virtual
1057 education contribution shall be the difference between the
1058 amount per FTE established in the General Appropriations Act for
1059 virtual education and the amount per FTE for each district and
1060 the Florida Virtual School, which may be calculated by taking
1061 the sum of the base FEFP allocation, the discretionary local
1062 effort, the state-funded discretionary contribution, the
1063 discretionary millage compression supplement, the research-based
1064 reading instruction allocation, and the instructional materials
1065 allocation, and then dividing by the total unweighted FTE. This
1066 difference shall be multiplied by the virtual education
1067 unweighted FTE for programs and options identified in ss.
1068 1002.33(1), 1002.45(1)(b), and 1003.498 s. 1002.455(3) and the
1069 Florida Virtual School and its franchises to equal the virtual
1070 education contribution and shall be included as a separate
1071 allocation in the funding formula.
1072 Section 11. This act shall take effect July 1, 2015.