Florida Senate - 2015 PROPOSED COMMITTEE SUBSTITUTE
Bill No. SB 1552
Ì346014vÎ346014
581-02428-15
Proposed Committee Substitute by the Committee on Education Pre
K - 12
1 A bill to be entitled
2 An act relating to student choice; amending s.
3 1002.20, F.S.; conforming a provision to changes made
4 by the act; providing the right of a parent to know
5 the average amount of money expended for the education
6 of his or her child; requiring the Department of
7 Education to provide each school district with such
8 information and requiring the school districts to
9 provide notification to parents; authorizing the
10 information to be published in the student handbook or
11 a similar publication; amending s. 1002.31, F.S.;
12 deleting the definition of the term “controlled open
13 enrollment” and deleting provisions relating to
14 controlled open enrollment; requiring each district
15 school board to establish a public school parental
16 choice policy that allows students to attend any
17 public school that has not reached capacity in their
18 district; requiring assignments to be made on a first
19 come, first-served basis; defining the term “capacity”
20 for the purposes of a district school board public
21 school parental choice plan; authorizing a parent to
22 enroll his or her child in any public school that has
23 not reached capacity in the state; amending s.
24 1002.33, F.S.; revising required contents of charter
25 school applications; requiring a charter school to
26 submit quarterly financial statements for the first
27 year of operation with specified information included;
28 requiring a charter school to submit a plan to become
29 financially viable under certain circumstances;
30 conforming provisions regarding the appeal process for
31 denial of a high-performing charter school
32 application; specifying that the reading curriculum
33 and instructional strategies in a charter school’s
34 charter satisfy the research-based reading plan
35 requirement and that charter schools are eligible for
36 the research-based reading allocation; requiring a
37 person or officer of an entity who submits a charter
38 school application to undergo background screening;
39 prohibiting a sponsor from approving a charter school
40 application until completion, receipt, and review of
41 the results of such screening; requiring a charter to
42 document that the governing board is independent of a
43 management company or cooperative; revising charter
44 provisions relating to long-term charters; revising
45 the deadline by which a charter school must have a
46 certificate of occupancy or temporary certificate of
47 occupancy; revising conditions for nonrenewal or
48 termination of a charter; requiring the sponsor to
49 review monthly financial statements; requiring the
50 sponsor to notify specified parties of a charter’s
51 termination under certain circumstances; requiring a
52 charter school’s governing board to appoint a
53 representative to provide information and assistance
54 to parents; requiring the governing board to hold a
55 certain number of meetings that are noticed, open, and
56 accessible to the public per school year; requiring a
57 charter school with space available to be open to any
58 student in the state; revising requirements for the
59 funding of charter schools; prohibiting the district
60 school board from delaying payment to a charter school
61 under specified circumstances; requiring the
62 Department of Education to include a standard
63 application form when providing information to the
64 public on how to form, operate, and enroll in a
65 charter school; prohibiting an employee of a
66 management company or cooperative from being a member
67 of a charter school governing board; prohibiting
68 specified conflicts of interests on the part of
69 members of the governing board of a charter school or
70 charter school cooperative organization; amending s.
71 1002.331, F.S.; providing an exception to the
72 prohibition on a high-performing charter school
73 establishing more than one charter school in this
74 state under specified circumstances; conforming
75 provisions and a cross-reference to changes made by
76 the act; amending s. 1002.332, F.S.; authorizing
77 certain out-of-state entities to apply for designation
78 as a high-performing charter school system; requiring
79 the State Board of Education to adopt by rule
80 eligibility criteria for such designation; requiring
81 that charter schools established by such entities
82 receive a reduction in certain administrative fees;
83 amending s. 1002.451, F.S.; conforming a provision to
84 changes made by the act; creating s. 1003.3101, F.S.;
85 requiring each district school board to establish a
86 classroom teacher transfer process for parents,
87 approve or deny a request within a certain timeframe,
88 and post an explanation of the transfer process in the
89 student handbook or a similar publication; creating s.
90 1003.5711, F.S.; providing that certain students who
91 are deemed eligible for hospitalized program services
92 are considered students with a disability; authorizing
93 an individual education plan to be modified to
94 accommodate such services; requiring the student to
95 continue to receive educational instruction; requiring
96 a school district to provide the student with a
97 certified teacher or to partner with the Florida
98 Virtual School for instructional services under
99 certain circumstances; requiring the department to
100 transfer funds for the student; requiring a children’s
101 hospital to provide adequate educational space for
102 each student; requiring the hospital and school
103 district to enter in an agreement; creating s.
104 1004.6491, F.S.; establishing the Florida Institute
105 for Charter School Innovation; specifying requirements
106 for the institute; requiring an annual report to the
107 Governor and the Legislature; requiring a report on
108 the institute’s annual financial audit to the Auditor
109 General, the Board of Governors of the State
110 University System, and the State Board of Education;
111 amending s. 1006.15, F.S.; conforming provisions to
112 changes made by the act; amending s. 1011.61, F.S.;
113 revising the definition of the term “full-time
114 student” for the purposes of the Florida Education
115 Finance Program; creating s. 1011.6202, F.S.; creating
116 the Charter School District Pilot Program; providing a
117 procedure for a school district to participate in the
118 pilot program; providing requirements for
119 participating school districts and schools; exempting
120 participating school districts from certain laws and
121 rules; providing that charter school districts must
122 comply with certain laws and rules; requiring
123 principals of participating schools to complete a
124 specific professional development program; providing
125 the authorization period of a charter; providing for
126 renewal and revocation of a charter; providing for
127 reporting and rulemaking; amending s. 1011.69, F.S.;
128 requiring district school boards participating in the
129 pilot program to allocate a specified percentage of
130 certain funds to participating schools; amending s.
131 1012.28, F.S.; providing additional authority and
132 responsibilities of the principal of a participating
133 school in a charter school district; amending s.
134 1012.42, F.S.; authorizing a parent who receives
135 notification that a teacher is teaching outside his or
136 her field to request that his or her child be
137 transferred to another classroom teacher within the
138 school and grade in which the child is currently
139 enrolled; amending s. 1012.986, F.S.; specifying the
140 contents of a specific professional development
141 program for certain school principals; amending s.
142 1013.62, F.S.; revising eligibility requirements for
143 charter school capital outlay funding; specifying
144 applicability of certain reporting requirements to
145 charter schools and public schools; providing an
146 effective date.
147
148 Be It Enacted by the Legislature of the State of Florida:
149
150 Section 1. Paragraph (a) of subsection (6) of section
151 1002.20, Florida Statutes, is amended, and subsection (25) is
152 added to that section, to read:
153 1002.20 K-12 student and parent rights.—Parents of public
154 school students must receive accurate and timely information
155 regarding their child’s academic progress and must be informed
156 of ways they can help their child to succeed in school. K-12
157 students and their parents are afforded numerous statutory
158 rights including, but not limited to, the following:
159 (6) EDUCATIONAL CHOICE.—
160 (a) Public school choices.—Parents of public school
161 students may seek whatever public school choice options that are
162 applicable and available to students in their school districts.
163 These options may include public school parental choice
164 controlled open enrollment, single-gender programs, lab schools,
165 virtual instruction programs, charter schools, charter technical
166 career centers, magnet schools, alternative schools, special
167 programs, auditory-oral education programs, advanced placement,
168 dual enrollment, International Baccalaureate, International
169 General Certificate of Secondary Education (pre-AICE), Advanced
170 International Certificate of Education, CAPE digital tools, CAPE
171 industry certifications, collegiate high school programs, early
172 admissions, credit by examination or demonstration of
173 competency, the New World School of the Arts, the Florida School
174 for the Deaf and the Blind, and the Florida Virtual School.
175 These options may also include the public school choice options
176 of the Opportunity Scholarship Program and the McKay
177 Scholarships for Students with Disabilities Program.
178 (25) FISCAL TRANSPARENCY.—A parent has the right to know
179 the average amount of money estimated to be expended from all
180 sources, state, local, and federal, for the education of his or
181 her child, including operating and capital outlay expenses. The
182 department shall annually provide each district the estimated
183 amount of funding allocated for a student in the district by
184 grade level and level of support. Each district must notify
185 parents of the estimated amount of funding allocated for a
186 student similar to their child, based upon grade level and level
187 of support. The fiscal transparency notification may be included
188 in the student handbook or a similar publication.
189 Section 2. Subsections (1), (2), and (3) of section
190 1002.31, Florida Statutes, are amended to read:
191 1002.31 Controlled open enrollment; Public school parental
192 choice.—
193 (1) As used in this section, “controlled open enrollment”
194 means a public education delivery system that allows school
195 districts to make student school assignments using parents’
196 indicated preferential school choice as a significant factor.
197 (1)(2) Each district school board shall establish a public
198 school parental choice policy that authorizes a parent to choose
199 to enroll his or her child in and transport his or her child to
200 any public school that has not reached capacity, including
201 charter schools, in the district. This policy may offer
202 controlled open enrollment within the public schools which is in
203 addition to the existing choice programs, such as virtual
204 instruction programs, magnet schools, alternative schools,
205 special programs, CAPE digital tools, CAPE industry
206 certifications, advanced placement, collegiate high school
207 programs, and dual enrollment.
208 (2)(3) Each district school board offering controlled open
209 enrollment shall adopt by rule and post on its website a public
210 school parental choice controlled open enrollment plan which
211 must:
212 (a) Adhere to federal desegregation requirements.
213 (b) Include an application process required to participate
214 in public school parental choice controlled open enrollment that
215 allows parents to declare school preferences, including
216 placement of siblings within the same school.
217 (c) Assign students on a first-come, first-served basis
218 based upon the date and time complete applications are received
219 by the school district Provide a lottery procedure to determine
220 student assignment and establish an appeals process for hardship
221 cases.
222 (d) Afford parents of students in multiple session schools
223 preferred access to controlled open enrollment.
224 (e) Maintain socioeconomic, demographic, and racial
225 balance.
226 (f) Address the availability of transportation.
227 (g) Define the term “capacity” as a school in which the
228 capital outlay FTE enrollment exceeds 95 percent of the space
229 and occupant design capacity of its nonrelocatable facilities.
230 However, if a school’s initial design incorporated relocatable
231 or modular instructional space, the term “capacity” shall mean a
232 school in which the capital outlay FTE enrollment exceeds 95
233 percent of the space and occupant design capacity of its core
234 facilities.
235 (3) A parent may choose to enroll his or her child in and
236 transport his or her child to any public school that has not
237 reached capacity, including charter schools, in any school
238 district in the state. The school district shall accept the
239 student and report the student for purposes of the district’s
240 funding pursuant to the Florida Education Finance Program.
241 Section 3. Paragraphs (a), (b), and (c) of subsection (6),
242 paragraphs (a), (b), and (d) of subsection (7), paragraphs (e),
243 (f), and (g) of subsection (8), paragraphs (g), (n), and (p) of
244 subsection (9), paragraph (a) of subsection (10), paragraphs (b)
245 and (e) of subsection (17), subsection (21), and paragraph (c)
246 of subsection (26) of section 1002.33, Florida Statutes, are
247 amended, paragraphs (h) and (i) are added to subsection (8) of
248 that section, a new subsection (27) is added to that section,
249 and present subsections (27) and (28) are redesignated as
250 subsections (28) and (29), respectively, to read:
251 1002.33 Charter schools.—
252 (6) APPLICATION PROCESS AND REVIEW.—Charter school
253 applications are subject to the following requirements:
254 (a) A person or entity wishing to open a charter school
255 shall prepare and submit an application on a model application
256 form prepared by the Department of Education which:
257 1. Demonstrates how the school will use the guiding
258 principles and meet the statutorily defined purpose of a charter
259 school.
260 2. Provides a detailed curriculum plan that illustrates how
261 students will be provided services to attain the Sunshine State
262 Standards.
263 3. Contains goals and objectives for improving student
264 learning and measuring that improvement. These goals and
265 objectives must indicate how much academic improvement students
266 are expected to show each year, how success will be evaluated,
267 and the specific results to be attained through instruction.
268 4. Describes the reading curriculum and differentiated
269 strategies that will be used for students reading at grade level
270 or higher and a separate curriculum and strategies for students
271 who are reading below grade level. A sponsor shall deny an
272 application a charter if the school does not propose a reading
273 curriculum that is consistent with effective teaching strategies
274 that are grounded in scientifically based reading research, but
275 the sponsor may not require the school to implement any
276 curriculum adopted by the school district.
277 5. Contains an annual financial plan for each year
278 requested by the charter for operation of the school for up to 5
279 years. This plan must contain anticipated fund balances based on
280 revenue projections, a spending plan based on projected revenues
281 and expenses, and a description of controls that will safeguard
282 finances and projected enrollment trends.
283 6. Discloses the name of each applicant, governing board
284 member, and proposed management company or cooperative, if any;
285 the name and sponsor of any charter school currently operated or
286 previously operated by such parties; and the academic and
287 financial history of such charter schools, which the sponsor
288 shall consider in deciding to approve or deny the application.
289 7. Documents that the governing board is independent of any
290 management company or cooperative and may, at its sole
291 discretion, terminate a contract with the management company or
292 cooperative at any time.
293 8.6. Contains additional information a sponsor may require,
294 which shall be attached as an addendum to the charter school
295 application described in this paragraph.
296 9.7. For the establishment of a virtual charter school,
297 documents that the applicant has contracted with a provider of
298 virtual instruction services pursuant to s. 1002.45(1)(d).
299 (b) A sponsor shall receive and review all applications for
300 a charter school using an evaluation instrument developed by the
301 Department of Education. A sponsor shall receive and consider
302 charter school applications received on or before August 1 of
303 each calendar year for charter schools to be opened at the
304 beginning of the school district’s next school year, or to be
305 opened at a time agreed to by the applicant and the sponsor. A
306 sponsor may not refuse to receive a charter school application
307 submitted before August 1 and may receive an application
308 submitted later than August 1 if it chooses. In order to
309 facilitate greater collaboration in the application process, an
310 applicant may submit a draft charter school application on or
311 before May 1 with an application fee of $500. If a draft
312 application is timely submitted, the sponsor shall review and
313 provide feedback as to material deficiencies in the application
314 by July 1. The applicant shall then have until August 1 to
315 resubmit a revised and final application. The sponsor may
316 approve the draft application. Except as provided for a draft
317 application, a sponsor may not charge an applicant for a charter
318 any fee for the processing or consideration of an application,
319 and a sponsor may not base its consideration or approval of a
320 final application upon the promise of future payment of any
321 kind. Before approving or denying any final application, the
322 sponsor shall allow the applicant, upon receipt of written
323 notification, at least 7 calendar days to make technical or
324 nonsubstantive corrections and clarifications, including, but
325 not limited to, corrections of grammatical, typographical, and
326 like errors or missing signatures, if such errors are identified
327 by the sponsor as cause to deny the final application.
328 1. In order to facilitate an accurate budget projection
329 process, a sponsor shall be held harmless for FTE students who
330 are not included in the FTE projection due to approval of
331 charter school applications after the FTE projection deadline.
332 In a further effort to facilitate an accurate budget projection,
333 within 15 calendar days after receipt of a charter school
334 application, a sponsor shall report to the Department of
335 Education the name of the applicant entity, the proposed charter
336 school location, and its projected FTE.
337 2. In order to ensure fiscal responsibility, an application
338 for a charter school shall include a full accounting of expected
339 assets, a projection of expected sources and amounts of income,
340 including income derived from projected student enrollments and
341 from community support, and an expense projection that includes
342 full accounting of the costs of operation, including start-up
343 costs. To ensure continued financial responsibility, a charter
344 school shall submit quarterly financial statements for the first
345 year of operation which include a full accounting of the costs
346 of operation and sources of income. If a school’s financial
347 statement indicates that the school is not financially viable,
348 the school must also prepare and submit a plan that describes
349 specific actions the school will take to become viable.
350 3.a. A sponsor shall by a majority vote approve or deny an
351 application no later than 60 calendar days after the application
352 is received, unless the sponsor and the applicant mutually agree
353 in writing to temporarily postpone the vote to a specific date,
354 at which time the sponsor shall by a majority vote approve or
355 deny the application. If the sponsor fails to act on the
356 application, an applicant may appeal to the State Board of
357 Education as provided in paragraph (c). If an application is
358 denied, the sponsor shall, within 10 calendar days after such
359 denial, articulate in writing the specific reasons, based upon
360 good cause, supporting its denial of the charter application and
361 shall provide the letter of denial and supporting documentation
362 to the applicant and to the Department of Education.
363 b. An application submitted by a high-performing charter
364 school identified pursuant to s. 1002.331 may be denied by the
365 sponsor only if the sponsor demonstrates by clear and convincing
366 evidence that:
367 (I) The application does not materially comply with the
368 requirements in paragraph (a);
369 (II) The charter school proposed in the application does
370 not materially comply with the requirements in paragraphs
371 (9)(a)-(f);
372 (III) The proposed charter school’s educational program
373 does not substantially replicate that of the applicant or one of
374 the applicant’s high-performing charter schools;
375 (IV) The applicant has made a material misrepresentation or
376 false statement or concealed an essential or material fact
377 during the application process; or
378 (V) The proposed charter school’s educational program and
379 financial management practices do not materially comply with the
380 requirements of this section.
381
382 Material noncompliance is a failure to follow requirements or a
383 violation of prohibitions applicable to charter school
384 applications, which failure is quantitatively or qualitatively
385 significant either individually or when aggregated with other
386 noncompliance. An applicant is considered to be replicating a
387 high-performing charter school if the proposed school is
388 substantially similar to at least one of the applicant’s high
389 performing charter schools and the organization or individuals
390 involved in the establishment and operation of the proposed
391 school are significantly involved in the operation of replicated
392 schools.
393 c. If the sponsor denies an application submitted by a
394 high-performing charter school, the sponsor must, within 10
395 calendar days after such denial, state in writing the specific
396 reasons, based upon the criteria in sub-subparagraph b.,
397 supporting its denial of the application and must provide the
398 letter of denial and supporting documentation to the applicant
399 and to the Department of Education. The applicant may appeal the
400 sponsor’s denial of the application directly to the State Board
401 of Education pursuant to paragraph (c) and must provide the
402 sponsor with a copy of the appeal sub-subparagraph (c)3.b.
403 4. For budget projection purposes, the sponsor shall report
404 to the Department of Education the approval or denial of a
405 charter application within 10 calendar days after such approval
406 or denial. In the event of approval, the report to the
407 Department of Education shall include the final projected FTE
408 for the approved charter school.
409 5. Upon approval of a charter application, the initial
410 startup shall commence with the beginning of the public school
411 calendar for the district in which the charter is granted unless
412 the sponsor allows a waiver of this subparagraph for good cause.
413 6. A person, or an officer of an entity, who submits an
414 application pursuant to this subsection must undergo background
415 screening in the same manner as instructional and
416 noninstructional personnel hired or contracted to fill positions
417 in a charter school or as members of the governing board of a
418 charter school undergo background screening under s. 1012.32.
419 Notwithstanding any other provision of this subsection, a person
420 may not receive approval of a charter application until the
421 person’s screening is completed and the results have been
422 submitted to, and reviewed by, the sponsor.
423 (c)1. An applicant may appeal any denial of that
424 applicant’s application or failure to act on an application to
425 the State Board of Education within no later than 30 calendar
426 days after receipt of the sponsor’s decision or failure to act
427 and shall notify the sponsor of its appeal. Any response of the
428 sponsor shall be submitted to the State Board of Education
429 within 30 calendar days after notification of the appeal. Upon
430 receipt of notification from the State Board of Education that a
431 charter school applicant is filing an appeal, the Commissioner
432 of Education shall convene a meeting of the Charter School
433 Appeal Commission to study and make recommendations to the State
434 Board of Education regarding its pending decision about the
435 appeal. The commission shall forward its recommendation to the
436 state board at least 7 calendar days before the date on which
437 the appeal is to be heard. An appeal regarding the denial of an
438 application submitted by a high-performing charter school
439 pursuant to s. 1002.331 shall be conducted by the State Board of
440 Education in accordance with this paragraph, except that the
441 commission shall not convene to make recommendations regarding
442 the appeal. However, the Commissioner of Education shall review
443 the appeal and make a recommendation to the state board.
444 2. The Charter School Appeal Commission or, in the case of
445 an appeal regarding an application submitted by a high
446 performing charter school, the State Board of Education may
447 reject an appeal submission for failure to comply with
448 procedural rules governing the appeals process. The rejection
449 shall describe the submission errors. The appellant shall have
450 15 calendar days after notice of rejection in which to resubmit
451 an appeal that meets the requirements set forth in State Board
452 of Education rule. An appeal submitted subsequent to such
453 rejection is considered timely if the original appeal was filed
454 within 30 calendar days after receipt of notice of the specific
455 reasons for the sponsor’s denial of the charter application.
456 3.a. The State Board of Education shall by majority vote
457 accept or reject the decision of the sponsor no later than 90
458 calendar days after an appeal is filed in accordance with State
459 Board of Education rule. The State Board of Education shall
460 remand the application to the sponsor with its written decision
461 that the sponsor approve or deny the application. The sponsor
462 shall implement the decision of the State Board of Education.
463 The decision of the State Board of Education is not subject to
464 the provisions of the Administrative Procedure Act, chapter 120.
465 b. If an appeal concerns an application submitted by a
466 high-performing charter school identified pursuant to s.
467 1002.331, the State Board of Education shall determine whether
468 the sponsor’s denial of the application complies with the
469 requirements in sub-subparagraph (b)3.b. sponsor has shown, by
470 clear and convincing evidence, that:
471 (I) The application does not materially comply with the
472 requirements in paragraph (a);
473 (II) The charter school proposed in the application does
474 not materially comply with the requirements in paragraphs
475 (9)(a)-(f);
476 (III) The proposed charter school’s educational program
477 does not substantially replicate that of the applicant or one of
478 the applicant’s high-performing charter schools;
479 (IV) The applicant has made a material misrepresentation or
480 false statement or concealed an essential or material fact
481 during the application process; or
482 (V) The proposed charter school’s educational program and
483 financial management practices do not materially comply with the
484 requirements of this section.
485
486 The State Board of Education shall approve or reject the
487 sponsor’s denial of an application no later than 90 calendar
488 days after an appeal is filed in accordance with State Board of
489 Education rule. The State Board of Education shall remand the
490 application to the sponsor with its written decision that the
491 sponsor approve or deny the application. The sponsor shall
492 implement the decision of the State Board of Education. The
493 decision of the State Board of Education is not subject to the
494 Administrative Procedure Act, chapter 120.
495 (7) CHARTER.—The major issues involving the operation of a
496 charter school shall be considered in advance and written into
497 the charter. The charter shall be signed by the governing board
498 of the charter school and the sponsor, following a public
499 hearing to ensure community input.
500 (a) The charter shall address and criteria for approval of
501 the charter shall be based on:
502 1. The school’s mission, the students to be served, and the
503 ages and grades to be included.
504 2. The focus of the curriculum, the instructional methods
505 to be used, any distinctive instructional techniques to be
506 employed, and identification and acquisition of appropriate
507 technologies needed to improve educational and administrative
508 performance which include a means for promoting safe, ethical,
509 and appropriate uses of technology which comply with legal and
510 professional standards.
511 a. The charter shall ensure that reading is a primary focus
512 of the curriculum and that resources are provided to identify
513 and provide specialized instruction for students who are reading
514 below grade level. The curriculum and instructional strategies
515 for reading must be consistent with the Next Generation Sunshine
516 State Standards and grounded in scientifically based reading
517 research. For purposes of determining eligibility for the
518 research-based reading instruction allocation, the reading
519 curriculum and instructional strategies specified in the charter
520 satisfy the research-based reading plan requirement under s.
521 1011.62(9).
522 b. In order to provide students with access to diverse
523 instructional delivery models, to facilitate the integration of
524 technology within traditional classroom instruction, and to
525 provide students with the skills they need to compete in the
526 21st century economy, the Legislature encourages instructional
527 methods for blended learning courses consisting of both
528 traditional classroom and online instructional techniques.
529 Charter schools may implement blended learning courses which
530 combine traditional classroom instruction and virtual
531 instruction. Students in a blended learning course must be full
532 time students of the charter school and receive the online
533 instruction in a classroom setting at the charter school.
534 Instructional personnel certified pursuant to s. 1012.55 who
535 provide virtual instruction for blended learning courses may be
536 employees of the charter school or may be under contract to
537 provide instructional services to charter school students. At a
538 minimum, such instructional personnel must hold an active state
539 or school district adjunct certification under s. 1012.57 for
540 the subject area of the blended learning course. The funding and
541 performance accountability requirements for blended learning
542 courses are the same as those for traditional courses.
543 3. The current incoming baseline standard of student
544 academic achievement, the outcomes to be achieved, and the
545 method of measurement that will be used. The criteria listed in
546 this subparagraph shall include a detailed description of:
547 a. How the baseline student academic achievement levels and
548 prior rates of academic progress will be established.
549 b. How these baseline rates will be compared to rates of
550 academic progress achieved by these same students while
551 attending the charter school.
552 c. To the extent possible, how these rates of progress will
553 be evaluated and compared with rates of progress of other
554 closely comparable student populations.
555
556 The district school board is required to provide academic
557 student performance data to charter schools for each of their
558 students coming from the district school system, as well as
559 rates of academic progress of comparable student populations in
560 the district school system.
561 4. The methods used to identify the educational strengths
562 and needs of students and how well educational goals and
563 performance standards are met by students attending the charter
564 school. The methods shall provide a means for the charter school
565 to ensure accountability to its constituents by analyzing
566 student performance data and by evaluating the effectiveness and
567 efficiency of its major educational programs. Students in
568 charter schools shall, at a minimum, participate in the
569 statewide assessment program created under s. 1008.22.
570 5. In secondary charter schools, a method for determining
571 that a student has satisfied the requirements for graduation in
572 s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
573 6. A method for resolving conflicts between the governing
574 board of the charter school and the sponsor.
575 7. The admissions procedures and dismissal procedures,
576 including the school’s code of student conduct.
577 8. The ways by which the school will achieve a
578 racial/ethnic balance reflective of the community it serves or
579 within the racial/ethnic range of other public schools in the
580 same school district.
581 9. The financial and administrative management of the
582 school, including a reasonable demonstration of the professional
583 experience or competence of those individuals or organizations
584 applying to operate the charter school or those hired or
585 retained to perform such professional services and the
586 description of clearly delineated responsibilities and the
587 policies and practices needed to effectively manage the charter
588 school. A description of internal audit procedures and
589 establishment of controls to ensure that financial resources are
590 properly managed must be included. Both public sector and
591 private sector professional experience shall be equally valid in
592 such a consideration. The charter must document that the
593 governing board is independent of any management company or
594 cooperative and may, at its sole discretion, terminate the
595 contract with the management company or cooperative at any time.
596 10. The asset and liability projections required in the
597 application which are incorporated into the charter and shall be
598 compared with information provided in the annual report of the
599 charter school.
600 11. A description of procedures that identify various risks
601 and provide for a comprehensive approach to reduce the impact of
602 losses; plans to ensure the safety and security of students and
603 staff; plans to identify, minimize, and protect others from
604 violent or disruptive student behavior; and the manner in which
605 the school will be insured, including whether or not the school
606 will be required to have liability insurance, and, if so, the
607 terms and conditions thereof and the amounts of coverage.
608 12. The term of the charter which shall provide for
609 cancellation of the charter if insufficient progress has been
610 made in attaining the student achievement objectives of the
611 charter and if it is not likely that such objectives can be
612 achieved before expiration of the charter. The initial term of
613 the a charter is either shall be for 4 years or 5 years. In
614 order to facilitate access to long-term financial resources for
615 charter school construction, Charter schools that are operated
616 by a municipality or other public entity, as provided by law, or
617 a private, not-for-profit corporation granted 501(c)(3) status
618 by the Internal Revenue Service are eligible for up to a 15-year
619 charter, subject to approval by the district school board. A
620 charter lab school is also eligible for a charter for a term of
621 up to 15 years. In addition, to facilitate access to long-term
622 financial resources for charter school construction, charter
623 schools that are operated by a private, not-for-profit, s.
624 501(c)(3) status corporation are eligible for up to a 15-year
625 charter, subject to approval by the district school board. Such
626 long-term charters remain subject to annual review and may be
627 terminated during the term of the charter, but only according to
628 the provisions set forth in subsection (8) or paragraph (9)(n).
629 13. Termination or nonrenewal of the charter pursuant to
630 subsection (8) or paragraph (9)(n).
631 14.13. The facilities to be used and their location. The
632 sponsor shall may not require a charter school to have a
633 certificate of occupancy or a temporary certificate of occupancy
634 for such a facility no later than 30 earlier than 15 calendar
635 days before the first day of school.
636 15.14. The qualifications to be required of the teachers
637 and the potential strategies used to recruit, hire, train, and
638 retain qualified staff to achieve best value.
639 16.15. The governance structure of the school, including
640 the status of the charter school as a public or private employer
641 as required in paragraph (12)(i).
642 17.16. A timetable for implementing the charter which
643 addresses the implementation of each element thereof and the
644 date by which the charter shall be awarded in order to meet this
645 timetable.
646 18.17. In the case of an existing public school that is
647 being converted to charter status, alternative arrangements for
648 current students who choose not to attend the charter school and
649 for current teachers who choose not to teach in the charter
650 school after conversion in accordance with the existing
651 collective bargaining agreement or district school board rule in
652 the absence of a collective bargaining agreement. However,
653 alternative arrangements shall not be required for current
654 teachers who choose not to teach in a charter lab school, except
655 as authorized by the employment policies of the state university
656 which grants the charter to the lab school.
657 19.18. Full disclosure of the identity of all relatives
658 employed by the charter school who are related to the charter
659 school owner, president, chairperson of the governing board of
660 directors, superintendent, governing board member, principal,
661 assistant principal, or any other person employed by the charter
662 school who has equivalent decisionmaking authority. For the
663 purpose of this subparagraph, the term “relative” means father,
664 mother, son, daughter, brother, sister, uncle, aunt, first
665 cousin, nephew, niece, husband, wife, father-in-law, mother-in
666 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
667 stepfather, stepmother, stepson, stepdaughter, stepbrother,
668 stepsister, half brother, or half sister.
669 20.19. Implementation of the activities authorized under s.
670 1002.331 by the charter school when it satisfies the eligibility
671 requirements for a high-performing charter school. A high
672 performing charter school shall notify its sponsor in writing by
673 March 1 if it intends to increase enrollment or expand grade
674 levels the following school year. The written notice shall
675 specify the amount of the enrollment increase and the grade
676 levels that will be added, as applicable.
677 (b)1. A charter may be renewed provided that a program
678 review demonstrates that the criteria in paragraph (a) have been
679 successfully accomplished and that none of the grounds for
680 nonrenewal established by paragraph (8)(a) has been documented.
681 In order to facilitate long-term financing for charter school
682 construction, Charter schools operating for a minimum of 3 years
683 and demonstrating exemplary academic programming and fiscal
684 management are eligible for a 15-year charter renewal. Such
685 long-term charter is subject to annual review and may be
686 terminated during the term of the charter.
687 2. The 15-year charter renewal that may be granted pursuant
688 to subparagraph 1. shall be granted to a charter school that has
689 received a school grade of “A” or “B” pursuant to s. 1008.34 in
690 3 of the past 4 years and is not in a state of financial
691 emergency or deficit position as defined by this section. Such
692 long-term charter is subject to annual review and may be
693 terminated during the term of the charter pursuant to subsection
694 (8).
695 (d)1. Each charter school’s governing board must appoint a
696 representative to facilitate parental involvement, provide
697 access to information, assist parents and others with questions
698 and concerns, and resolve disputes. The representative must
699 reside in the school district in which the charter school is
700 located and may be a governing board member, charter school
701 employee, or individual contracted to represent the governing
702 board. If the governing board oversees multiple charter schools
703 in the same school district, the governing board must appoint a
704 separate individual representative for each charter school in
705 the district. The representative’s contact information must be
706 provided annually in writing to parents and posted prominently
707 on the charter school’s website if a website is maintained by
708 the school. The sponsor may not require that governing board
709 members reside in the school district in which the charter
710 school is located if the charter school complies with this
711 paragraph.
712 2. Each charter school’s governing board must hold at least
713 two public meetings per school year in the school district. The
714 meetings must be noticed, open, and accessible to the public,
715 and attendees must be provided an opportunity to receive
716 information and provide input regarding the charter school’s
717 operations. The appointed representative and charter school
718 principal or director, or his or her equivalent, must be
719 physically present at each meeting.
720 (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.—
721 (e) When a charter is not renewed or is terminated or when
722 a charter school is closed voluntarily by the operator, the
723 school shall be dissolved under the provisions of law under
724 which the school was organized, and any unencumbered public
725 funds, except for capital outlay funds and federal charter
726 school program grant funds, from the charter school shall revert
727 to the sponsor. Capital outlay funds provided pursuant to s.
728 1013.62 and federal charter school program grant funds that are
729 unencumbered shall revert to the department to be redistributed
730 among eligible charter schools. In the event a charter school is
731 dissolved or is otherwise terminated, all district school board
732 property and improvements, furnishings, and equipment purchased
733 with public funds shall automatically revert to full ownership
734 by the district school board, subject to complete satisfaction
735 of any lawful liens or encumbrances. Any unencumbered public
736 funds from the charter school, district school board property
737 and improvements, furnishings, and equipment purchased with
738 public funds, or financial or other records pertaining to the
739 charter school, in the possession of any person, entity, or
740 holding company, other than the charter school, shall be held in
741 trust upon the district school board’s request, until any appeal
742 status is resolved.
743 (f) If a charter is not renewed or is terminated or a
744 charter school is closed voluntarily by the operator, the
745 charter school is responsible for all debts of the charter
746 school. The district may not assume the debt from any contract
747 made between the governing body of the school and a third party,
748 except for a debt that is previously detailed and agreed upon in
749 writing by both the district and the governing body of the
750 school and that may not reasonably be assumed to have been
751 satisfied by the district.
752 (g) If a charter is not renewed or is terminated, a student
753 who attended the school may apply to, and shall be enrolled in,
754 another public school. Normal application deadlines shall be
755 disregarded under such circumstances.
756 (h) The governing board of a charter school that closes
757 voluntarily shall notify the sponsor and the department in
758 writing within 7 calendar days of its decision to cease
759 operations. The notice must state the reasons for the closure
760 and acknowledge that the governing board agrees to follow the
761 procedures for dissolution and reversion of public funds
762 specified in this subsection and paragraph (9)(o).
763 (i) For a high-performing charter school that is having the
764 charter agreement renewed, the charter contract, as that
765 contract exists on the day the term of the contract is to
766 terminate, must be automatically renewed for the length of the
767 current term if the charter school governing board and sponsor
768 have not executed the renewal before the term of the charter
769 agreement is scheduled to expire.
770 (9) CHARTER SCHOOL REQUIREMENTS.—
771 (g)1. In order to provide financial information that is
772 comparable to that reported for other public schools, charter
773 schools are to maintain all financial records that constitute
774 their accounting system:
775 a. In accordance with the accounts and codes prescribed in
776 the most recent issuance of the publication titled “Financial
777 and Program Cost Accounting and Reporting for Florida Schools”;
778 or
779 b. At the discretion of the charter school’s governing
780 board, a charter school may elect to follow generally accepted
781 accounting standards for not-for-profit organizations, but must
782 reformat this information for reporting according to this
783 paragraph.
784 2. Charter schools shall provide annual financial report
785 and program cost report information in the state-required
786 formats for inclusion in district reporting in compliance with
787 s. 1011.60(1). Charter schools that are operated by a
788 municipality or are a component unit of a parent nonprofit
789 organization may use the accounting system of the municipality
790 or the parent but must reformat this information for reporting
791 according to this paragraph.
792 3. A charter school shall, upon execution of the contract,
793 provide the sponsor with a concise, uniform, monthly financial
794 statement summary sheet that contains a balance sheet and a
795 statement of revenue, expenditures, and changes in fund balance.
796 The balance sheet and the statement of revenue, expenditures,
797 and changes in fund balance shall be in the governmental funds
798 format prescribed by the Governmental Accounting Standards
799 Board. A high-performing charter school pursuant to s. 1002.331
800 may provide a quarterly financial statement in the same format
801 and requirements as the uniform monthly financial statement
802 summary sheet. The sponsor shall review each monthly financial
803 statement, to identify the existence of any conditions
804 identified in s. 1002.345 (1)(a).
805 4. A charter school shall maintain and provide financial
806 information as required in this paragraph. The financial
807 statement required in subparagraph 3. must be in a form
808 prescribed by the Department of Education.
809 (n)1. The director and a representative of the governing
810 board of a charter school that has earned a grade of “D” or “F”
811 pursuant to s. 1008.34 shall appear before the sponsor to
812 present information concerning each contract component having
813 noted deficiencies. The director and a representative of the
814 governing board shall submit to the sponsor for approval a
815 school improvement plan to raise student performance. Upon
816 approval by the sponsor, the charter school shall begin
817 implementation of the school improvement plan. The department
818 shall offer technical assistance and training to the charter
819 school and its governing board and establish guidelines for
820 developing, submitting, and approving such plans.
821 2.a. If a charter school earns three consecutive grades of
822 “D,” two consecutive grades of “D” followed by a grade of “F,”
823 or two nonconsecutive grades of “F” within a 3-year period, the
824 charter school governing board shall choose one of the following
825 corrective actions:
826 (I) Contract for educational services to be provided
827 directly to students, instructional personnel, and school
828 administrators, as prescribed in state board rule;
829 (II) Contract with an outside entity that has a
830 demonstrated record of effectiveness to operate the school;
831 (III) Reorganize the school under a new director or
832 principal who is authorized to hire new staff; or
833 (IV) Voluntarily close the charter school.
834 b. The charter school must implement the corrective action
835 in the school year following receipt of a third consecutive
836 grade of “D,” a grade of “F” following two consecutive grades of
837 “D,” or a second nonconsecutive grade of “F” within a 3-year
838 period.
839 c. The sponsor may annually waive a corrective action if it
840 determines that the charter school is likely to improve a letter
841 grade if additional time is provided to implement the
842 intervention and support strategies prescribed by the school
843 improvement plan. Notwithstanding this sub-subparagraph, a
844 charter school that earns a second consecutive grade of “F” is
845 subject to subparagraph 4.
846 d. A charter school is no longer required to implement a
847 corrective action if it improves by at least one letter grade.
848 However, the charter school must continue to implement
849 strategies identified in the school improvement plan. The
850 sponsor must annually review implementation of the school
851 improvement plan to monitor the school’s continued improvement
852 pursuant to subparagraph 5.
853 e. A charter school implementing a corrective action that
854 does not improve by at least one letter grade after 2 full
855 school years of implementing the corrective action must select a
856 different corrective action. Implementation of the new
857 corrective action must begin in the school year following the
858 implementation period of the existing corrective action, unless
859 the sponsor determines that the charter school is likely to
860 improve a letter grade if additional time is provided to
861 implement the existing corrective action. Notwithstanding this
862 sub-subparagraph, a charter school that earns a second
863 consecutive grade of “F” while implementing a corrective action
864 is subject to subparagraph 4.
865 3. A charter school with a grade of “D” or “F” that
866 improves by at least one letter grade must continue to implement
867 the strategies identified in the school improvement plan. The
868 sponsor must annually review implementation of the school
869 improvement plan to monitor the school’s continued improvement
870 pursuant to subparagraph 5.
871 4. A charter school’s charter is automatically terminated
872 if the school earns two consecutive grades of “F” after all
873 school grade appeals are final The sponsor shall terminate a
874 charter if the charter school earns two consecutive grades of
875 “F” unless:
876 a. The charter school is established to turn around the
877 performance of a district public school pursuant to s.
878 1008.33(4)(b)3. Such charter schools shall be governed by s.
879 1008.33;
880 b. The charter school serves a student population the
881 majority of which resides in a school zone served by a district
882 public school that earned a grade of “F” in the year before the
883 charter school opened and the charter school earns at least a
884 grade of “D” in its third year of operation. The exception
885 provided under this sub-subparagraph does not apply to a charter
886 school in its fourth year of operation and thereafter; or
887 c. The state board grants the charter school a waiver of
888 termination. The charter school must request the waiver within
889 15 days after the department’s official release of school
890 grades. The state board may waive termination if the charter
891 school demonstrates that the Learning Gains of its students on
892 statewide assessments are comparable to or better than the
893 Learning Gains of similarly situated students enrolled in nearby
894 district public schools. The waiver is valid for 1 year and may
895 only be granted once. Charter schools that have been in
896 operation for more than 5 years are not eligible for a waiver
897 under this sub-subparagraph.
898
899 The sponsor shall notify in writing the charter school’s
900 governing board, the charter school principal, and the
901 department when a charter is terminated under this subparagraph.
902 A charter terminated under this subparagraph is governed by the
903 requirements of paragraphs (8)(e)-(g) and paragraph (o) of this
904 subsection.
905 5. The director and a representative of the governing board
906 of a graded charter school that has implemented a school
907 improvement plan under this paragraph shall appear before the
908 sponsor at least once a year to present information regarding
909 the progress of intervention and support strategies implemented
910 by the school pursuant to the school improvement plan and
911 corrective actions, if applicable. The sponsor shall communicate
912 at the meeting, and in writing to the director, the services
913 provided to the school to help the school address its
914 deficiencies.
915 6. Notwithstanding any provision of this paragraph except
916 sub-subparagraphs 4.a.-c., the sponsor may terminate the charter
917 at any time pursuant to subsection (8).
918 (p)1. Each charter school shall maintain a website that
919 enables the public to obtain information regarding the school;
920 the school’s academic performance; the names of the governing
921 board members; the programs at the school; any management
922 companies, cooperatives, service providers, or education
923 management corporations associated with the school; the school’s
924 annual budget and its annual independent fiscal audit; the
925 school’s grade pursuant to s. 1008.34; and, on a quarterly
926 basis, the minutes of governing board meetings.
927 2. Each charter school’s governing board shall appoint a
928 representative to facilitate parental involvement, provide
929 access to information, assist parents and others with questions
930 and concerns, and resolve disputes. The representative must
931 reside in the school district in which the charter school is
932 located and may be a governing board member, charter school
933 employee, or individual contracted to represent the governing
934 board. If the governing board oversees multiple charter schools
935 in the same school district, the governing board must appoint a
936 separate individual representative for each charter school in
937 the district. The representative’s contact information must be
938 provided annually, in writing, to parents and posted prominently
939 on the charter school’s website. The sponsor may not require
940 that governing board members reside in the school district in
941 which the charter school is located if the charter school
942 complies with this paragraph.
943 3. Each charter school’s governing board must hold at least
944 two public meetings per school year in the school district where
945 the charter school is located. The meetings must be noticed,
946 open, and accessible to the public, and attendees must be
947 provided an opportunity to receive information and provide input
948 regarding the charter school’s operations. The appointed
949 representative and charter school principal or director, or his
950 or her equivalent, must be physically present at each meeting.
951 (10) ELIGIBLE STUDENTS.—
952 (a) A charter school shall be open to any student covered
953 in an interdistrict agreement or residing in the school district
954 in which the charter school is located; however, in the case of
955 a charter lab school, the charter lab school shall be open to
956 any student eligible to attend the lab school as provided in s.
957 1002.32 or who resides in the school district in which the
958 charter lab school is located. A charter school with space
959 available must be open to any student in the state, pursuant to
960 s. 1002.31(2). Any eligible student shall be allowed
961 interdistrict transfer to attend a charter school when based on
962 good cause. Good cause shall include, but is not limited to,
963 geographic proximity to a charter school in a neighboring school
964 district.
965 (17) FUNDING.—Students enrolled in a charter school,
966 regardless of the sponsorship, shall be funded as if they are in
967 a basic program or a special program, the same as students
968 enrolled in other public schools in the school district. Funding
969 for a charter lab school shall be as provided in s. 1002.32.
970 (b) The basis for the agreement for funding students
971 enrolled in a charter school shall be the sum of the school
972 district’s operating funds from the Florida Education Finance
973 Program as provided in s. 1011.62 and the General Appropriations
974 Act, including gross state and local funds, discretionary
975 lottery funds, and funds from the school district’s current
976 operating discretionary millage levy; divided by total funded
977 weighted full-time equivalent students in the school district;
978 multiplied by the weighted full-time equivalent students for the
979 charter school. Charter schools whose students or programs meet
980 the eligibility criteria in law are entitled to their
981 proportionate share of categorical program funds included in the
982 total funds available in the Florida Education Finance Program
983 by the Legislature, including transportation, the research-based
984 reading allocation, and the Florida digital classrooms
985 allocation. Total funding for each charter school shall be
986 recalculated during the year to reflect the revised calculations
987 under the Florida Education Finance Program by the state and the
988 actual weighted full-time equivalent students reported by the
989 charter school during the full-time equivalent student survey
990 periods designated by the Commissioner of Education.
991 (e) District school boards shall make timely and efficient
992 payment and reimbursement to charter schools, including
993 processing paperwork required to access special state and
994 federal funding for which they may be eligible. The district
995 school board may distribute funds to a charter school for up to
996 3 months based on the projected full-time equivalent student
997 membership of the charter school. Thereafter, the results of
998 full-time equivalent student membership surveys shall be used in
999 adjusting the amount of funds distributed monthly to the charter
1000 school for the remainder of the fiscal year. The payment shall
1001 be issued no later than 10 working days after the district
1002 school board receives a distribution of state or federal funds.
1003 If a warrant for payment is not issued within 10 working days
1004 after receipt of funding by the district school board, the
1005 school district shall pay to the charter school, in addition to
1006 the amount of the scheduled disbursement, interest at a rate of
1007 1 percent per month calculated on a daily basis on the unpaid
1008 balance from the expiration of the 10 working days until such
1009 time as the warrant is issued. The district school board may not
1010 delay payment to a charter school of any portion of the funds
1011 provided in paragraph (b) based on the timing of receipt of
1012 local funds by the district school board.
1013 (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.—
1014 (a) The Department of Education shall provide information
1015 to the public, directly and through sponsors, on how to form and
1016 operate a charter school and how to enroll in a charter school
1017 once it is created. This information shall include a standard
1018 model application form, standard charter contract, standard
1019 application evaluation instrument, and standard charter renewal
1020 contract, which shall include the information specified in
1021 subsection (7) and shall be developed by consulting and
1022 negotiating with both school districts and charter schools
1023 before implementation. The charter and charter renewal contracts
1024 shall be used by charter school sponsors.
1025 (26) STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.—
1026 (c) An employee of the charter school, or his or her
1027 spouse, or an employee of a management company, cooperative, or
1028 charter management organization, or his or her spouse, may not
1029 be a member of the governing board of the charter school.
1030 (27) CONFLICTS OF INTEREST AND ETHICS.—An individual may
1031 not serve as a member of a governing board of a charter school,
1032 an education management corporation, or charter school
1033 cooperative organization if he or she or an immediate family
1034 member receives a pension or any compensation from the charter
1035 school, or if the individual’s partner is an owner or principal
1036 with an entity or independent contractor with whom the charter
1037 school does business or contracts, directly or indirectly, for
1038 professional services, goods, or facilities. An individual may
1039 not serve as a governing board member if an immediate family
1040 member is an employee of the school. Members of the governing
1041 board of a charter school may not be appointed, removed, or
1042 replaced by an entity or component unit of an entity, which the
1043 charter school has entered into any contract with.
1044 Section 4. Paragraph (e) of subsection (2), paragraph (b)
1045 of subsection (3), and subsection (5) of section 1002.331,
1046 Florida Statutes, are amended to read:
1047 1002.331 High-performing charter schools.—
1048 (2) A high-performing charter school is authorized to:
1049 (e) Receive a modification of its charter to a term of 15
1050 years or a 15-year charter renewal. The charter may be modified
1051 or renewed for a shorter term at the option of the high
1052 performing charter school. The charter must be consistent with
1053 s. 1002.33(7)(a)20. s. 1002.33(7)(a)19. and (10)(h) and (i), is
1054 subject to annual review by the sponsor, and may be terminated
1055 during its term pursuant to s. 1002.33(8).
1056
1057 A high-performing charter school shall notify its sponsor in
1058 writing by March 1 if it intends to increase enrollment or
1059 expand grade levels the following school year. The written
1060 notice shall specify the amount of the enrollment increase and
1061 the grade levels that will be added, as applicable. If a charter
1062 school notifies the sponsor of its intent to expand, the sponsor
1063 shall modify the charter within 90 days to include the new
1064 enrollment maximum and may not make any other changes. The
1065 sponsor may deny a request to increase the enrollment of a high
1066 performing charter school if the commissioner has declassified
1067 the charter school as high-performing. If a high-performing
1068 charter school requests to consolidate multiple charters, the
1069 sponsor shall have 40 days after receipt of that request to
1070 provide an initial draft charter to the charter school. The
1071 sponsor and charter school shall have 50 days thereafter to
1072 negotiate and notice the charter contract for final approval by
1073 the sponsor.
1074 (3)
1075 (b) A high-performing charter school may not establish more
1076 than one charter school within the state under paragraph (a) in
1077 any year. A subsequent application to establish a charter school
1078 under paragraph (a) may not be submitted unless each charter
1079 school established in this manner achieves high-performing
1080 charter school status. The limits set forth in this paragraph do
1081 not apply to charter schools established by a high-performing
1082 charter school in the attendance zone of a school identified as
1083 in need of intervention and support pursuant to s. 1008.33(3)(b)
1084 or to meet needs for innovative choice options identified by the
1085 district school board.
1086 (5) The Commissioner of Education, upon request by a
1087 charter school, shall verify that the charter school meets the
1088 criteria in subsection (1) and provide a letter to the charter
1089 school and the sponsor stating that the charter school is a
1090 high-performing charter school pursuant to this section. The
1091 commissioner shall annually determine whether a high-performing
1092 charter school under subsection (1) continues to meet the
1093 criteria in that subsection. Such high-performing charter school
1094 shall maintain its high-performing status unless the
1095 commissioner determines that the charter school no longer meets
1096 the criteria in subsection (1), at which time the commissioner
1097 shall send a letter to the charter school and its sponsor
1098 providing notification that the charter school has been
1099 declassified of its declassification as a high-performing
1100 charter school.
1101 Section 5. Present subsection (2) of section 1002.332,
1102 Florida Statutes, is redesignated as subsection (3), and a new
1103 subsection (2) is added to that section, to read:
1104 1002.332 High-performing charter school system.—
1105 (2) An entity that successfully operates a system of
1106 charter schools outside the state may apply to the State Board
1107 of Education for status as a high-performing charter school
1108 system. The state board shall adopt rules prescribing a process
1109 for determining whether the entity meets the requirements of
1110 this subsection by reviewing student demographic and performance
1111 data and fiscal accountability of all schools operated by the
1112 entity. To the extent practicable, the state board shall develop
1113 a rubric for the approval of such entities which aligns with the
1114 priorities of the federal Charter Schools Program Grants for
1115 Replication and Expansion of High-Quality Charter Schools in the
1116 Federal Register, Volume 76, No. 133. An entity classified as a
1117 high-performing charter school system pursuant to this
1118 subsection may submit an application in the same manner as
1119 specified in s. 1002.331(3) to establish and operate a new
1120 charter school in this state. For the first 3 school years of
1121 operation, each charter school established by such an entity
1122 shall receive a reduction in administrative fees as authorized
1123 under s. 1002.33(20)(a)3.
1124 Section 6. Paragraph (c) of subsection (1) of section
1125 1002.451, Florida Statutes, is amended to read:
1126 1002.451 District innovation school of technology program.—
1127 (1) DISTRICT INNOVATION SCHOOL OF TECHNOLOGY.—
1128 (c) An innovation school of technology must be open to any
1129 student covered in an interdistrict agreement or residing in the
1130 school district in which the innovation school of technology is
1131 located. An innovation school of technology shall enroll an
1132 eligible student who submits a timely application if the number
1133 of applications does not exceed the capacity of a program,
1134 class, grade level, or building. If the number of applications
1135 exceeds capacity, all applicants shall have an equal chance of
1136 being admitted through a public random selection process.
1137 However, a district may give enrollment preference to students
1138 who identify the innovation school of technology as the
1139 student’s preferred choice pursuant to the district’s public
1140 school parental choice controlled open enrollment plan.
1141 Section 7. Section 1003.3101, Florida Statutes, is created
1142 to read:
1143 1003.3101 Additional school choice options.—Each district
1144 school board shall establish a transfer process for a parent to
1145 request his or her child be transferred to another classroom
1146 teacher. A school must grant or deny the transfer within 2 weeks
1147 after receiving a request. If a request for transfer is denied,
1148 the school shall notify the parent and specify the reasons for a
1149 denial. An explanation of the transfer process must be made
1150 available in the student handbook or a similar publication.
1151 Section 8. Section 1003.5711, Florida Statutes, is created
1152 to read:
1153 1003.5711 Instruction for students receiving hospitalized
1154 program services.—
1155 (1) A public school student in prekindergarten through
1156 grade 12 who is deemed eligible for hospitalized program
1157 services in this state is considered a student with a
1158 disability.
1159 (a) If the student has an individual education plan (IEP),
1160 the IEP must be followed, but upon request of the student’s
1161 parent, the IEP may be modified to accommodate the student’s use
1162 of hospitalized program services in a children’s hospital
1163 pursuant to this section.
1164 (b) The student’s IEP may be modified to reduce the
1165 student’s course load to core courses identified in s.
1166 1002.20(19)(a). The student may be excused or exempted from
1167 physical education classes or instruction based on the IEP or
1168 orders from the student’s medical doctor. The student’s IEP may
1169 allow the student to receive instruction beyond the normal
1170 school hours, school day, or school year of the school district.
1171 (2) A student who is admitted to a children’s hospital for
1172 hospitalized program services must continue to receive
1173 educational instruction.
1174 (a) If a student is expected to be absent from school and
1175 admitted to the children’s hospital for hospitalized program
1176 services for at least 15 consecutive days, no later than the
1177 fifth day of the student’s hospital stay, the school district in
1178 which the student is or was most recently enrolled may choose to
1179 provide a certified teacher to the children’s hospital to
1180 provide instruction to the student. If that school district
1181 declines to provide a certified teacher, the school district in
1182 which the children’s hospital is located must provide a
1183 certified teacher to provide the student with instruction, or
1184 must partner with the Florida Virtual School for instructional
1185 services as authorized in this section. Such school district
1186 shall also provide the student’s instructional materials and
1187 other necessary educational support and services identified in
1188 the IEP.
1189 (b) A student in prekindergarten through grade 6 shall be
1190 taught in person by the certified teacher. A student in grades 7
1191 through 12 shall be taught in person by the certified teacher,
1192 or the student may choose to utilize instruction from the
1193 Florida Virtual School. If the Florida Virtual School is used by
1194 any student, at least one certified teacher from the Florida
1195 Virtual School must be present at the hospital to assist with
1196 online learning.
1197 (3) If a school district other than the one in which the
1198 student was previously enrolled provides the hospitalized
1199 program services, the Department of Education must transfer the
1200 funds from the school district in which the student was
1201 previously enrolled to the school district in which the
1202 children’s hospital providing hospitalized program services is
1203 located. This transfer shall occur no later than each subsequent
1204 quarterly FEFP payment.
1205 (4) The children’s hospital providing the hospitalized
1206 program services is responsible for providing adequate
1207 educational space for each student, but is not required to
1208 comply with chapter 1013. The hospital and applicable school
1209 district must enter into an agreement to implement this section.
1210 The agreement may be student-specific or address all students as
1211 necessary.
1212 (5) The intent of this section is to supplement existing
1213 laws, rules, and regulations concerning hospitalized students
1214 that use hospitalized program services at a children’s hospital.
1215 Section 9. Section 1004.6491, Florida Statutes, is created
1216 to read:
1217 1004.6491 Florida Institute for Charter School Innovation.—
1218 (1) There is established the Florida Institute for Charter
1219 School Innovation within the Florida State University. The
1220 purpose of the institute is to advance charter school
1221 accountability, quality, and innovation; provide support and
1222 technical assistance to charter school applicants; connect
1223 aspiring teachers to opportunities to experience teaching in
1224 schools of choice; and conduct research and develop and promote
1225 best practices for charter school authorization, financing,
1226 management, operations, and instructional practices.
1227 (2) The institute shall:
1228 (a) Conduct research to inform both policy and practice
1229 related to charter school accountability, financing, management,
1230 operations, and instructional practices.
1231 (b) Partner with state-approved teacher preparation
1232 programs in this state to provide opportunities for aspiring
1233 teachers to experience teaching in schools of choice.
1234 (c) Provide technical assistance and support to charter
1235 school applicants with innovative charter school concepts.
1236 (3) The President of the Florida State University shall
1237 appoint a director of the institute. The director is responsible
1238 for overall management of the institute and for developing and
1239 executing the work of the institute consistent with this
1240 section. The director may engage individuals in other state
1241 universities with accredited colleges of education to
1242 participate in the institute.
1243 (4) By each October 1, the institute shall provide a
1244 written report to the Governor, the President of the Senate, and
1245 the Speaker of the House of Representatives which outlines its
1246 activities in the preceding year, reports significant research
1247 findings, details expenditures of state funds, and provides
1248 specific recommendations for improving the institute’s ability
1249 to fulfil its mission and for changes to statewide charter
1250 school policy.
1251 (5) Within 180 days after completion of the institute’s
1252 fiscal year, the institute shall provide to the Auditor General,
1253 the Board of Governors of the State University System, and the
1254 State Board of Education a report on the results of an annual
1255 financial audit conducted by an independent certified public
1256 accountant in accordance with s. 11.45.
1257 Section 10. Paragraphs (c), (d), and (e) of subsection (3)
1258 of section 1006.15, Florida Statutes, are amended to read:
1259 1006.15 Student standards for participation in
1260 interscholastic and intrascholastic extracurricular student
1261 activities; regulation.—
1262 (3)
1263 (c) An individual home education student is eligible to
1264 participate at the public school to which the student would be
1265 assigned according to district school board attendance area
1266 policies or which the student could choose to attend pursuant to
1267 public school parental choice district or interdistrict
1268 controlled open enrollment provisions, or may develop an
1269 agreement to participate at a private school, in the
1270 interscholastic extracurricular activities of that school,
1271 provided the following conditions are met:
1272 1. The home education student must meet the requirements of
1273 the home education program pursuant to s. 1002.41.
1274 2. During the period of participation at a school, the home
1275 education student must demonstrate educational progress as
1276 required in paragraph (b) in all subjects taken in the home
1277 education program by a method of evaluation agreed upon by the
1278 parent and the school principal which may include: review of the
1279 student’s work by a certified teacher chosen by the parent;
1280 grades earned through correspondence; grades earned in courses
1281 taken at a Florida College System institution, university, or
1282 trade school; standardized test scores above the 35th
1283 percentile; or any other method designated in s. 1002.41.
1284 3. The home education student must meet the same residency
1285 requirements as other students in the school at which he or she
1286 participates.
1287 4. The home education student must meet the same standards
1288 of acceptance, behavior, and performance as required of other
1289 students in extracurricular activities.
1290 5. The student must register with the school his or her
1291 intent to participate in interscholastic extracurricular
1292 activities as a representative of the school before the
1293 beginning date of the season for the activity in which he or she
1294 wishes to participate. A home education student must be able to
1295 participate in curricular activities if that is a requirement
1296 for an extracurricular activity.
1297 6. A student who transfers from a home education program to
1298 a public school before or during the first grading period of the
1299 school year is academically eligible to participate in
1300 interscholastic extracurricular activities during the first
1301 grading period provided the student has a successful evaluation
1302 from the previous school year, pursuant to subparagraph 2.
1303 7. Any public school or private school student who has been
1304 unable to maintain academic eligibility for participation in
1305 interscholastic extracurricular activities is ineligible to
1306 participate in such activities as a home education student until
1307 the student has successfully completed one grading period in
1308 home education pursuant to subparagraph 2. to become eligible to
1309 participate as a home education student.
1310 (d) An individual charter school student pursuant to s.
1311 1002.33 is eligible to participate at the public school to which
1312 the student would be assigned according to district school board
1313 attendance area policies or which the student could choose to
1314 attend, pursuant to district or interdistrict public school
1315 parental choice controlled open-enrollment provisions, in any
1316 interscholastic extracurricular activity of that school, unless
1317 such activity is provided by the student’s charter school, if
1318 the following conditions are met:
1319 1. The charter school student must meet the requirements of
1320 the charter school education program as determined by the
1321 charter school governing board.
1322 2. During the period of participation at a school, the
1323 charter school student must demonstrate educational progress as
1324 required in paragraph (b).
1325 3. The charter school student must meet the same residency
1326 requirements as other students in the school at which he or she
1327 participates.
1328 4. The charter school student must meet the same standards
1329 of acceptance, behavior, and performance that are required of
1330 other students in extracurricular activities.
1331 5. The charter school student must register with the school
1332 his or her intent to participate in interscholastic
1333 extracurricular activities as a representative of the school
1334 before the beginning date of the season for the activity in
1335 which he or she wishes to participate. A charter school student
1336 must be able to participate in curricular activities if that is
1337 a requirement for an extracurricular activity.
1338 6. A student who transfers from a charter school program to
1339 a traditional public school before or during the first grading
1340 period of the school year is academically eligible to
1341 participate in interscholastic extracurricular activities during
1342 the first grading period if the student has a successful
1343 evaluation from the previous school year, pursuant to
1344 subparagraph 2.
1345 7. Any public school or private school student who has been
1346 unable to maintain academic eligibility for participation in
1347 interscholastic extracurricular activities is ineligible to
1348 participate in such activities as a charter school student until
1349 the student has successfully completed one grading period in a
1350 charter school pursuant to subparagraph 2. to become eligible to
1351 participate as a charter school student.
1352 (e) A student of the Florida Virtual School full-time
1353 program may participate in any interscholastic extracurricular
1354 activity at the public school to which the student would be
1355 assigned according to district school board attendance area
1356 policies or which the student could choose to attend, pursuant
1357 to district or interdistrict public school parental choice
1358 controlled open enrollment policies, if the student:
1359 1. During the period of participation in the
1360 interscholastic extracurricular activity, meets the requirements
1361 in paragraph (a).
1362 2. Meets any additional requirements as determined by the
1363 board of trustees of the Florida Virtual School.
1364 3. Meets the same residency requirements as other students
1365 in the school at which he or she participates.
1366 4. Meets the same standards of acceptance, behavior, and
1367 performance that are required of other students in
1368 extracurricular activities.
1369 5. Registers his or her intent to participate in
1370 interscholastic extracurricular activities with the school
1371 before the beginning date of the season for the activity in
1372 which he or she wishes to participate. A Florida Virtual School
1373 student must be able to participate in curricular activities if
1374 that is a requirement for an extracurricular activity.
1375 Section 11. Subsection (1) of section 1011.61, Florida
1376 Statutes, is amended to read:
1377 1011.61 Definitions.—Notwithstanding the provisions of s.
1378 1000.21, the following terms are defined as follows for the
1379 purposes of the Florida Education Finance Program:
1380 (1) A “full-time equivalent student” in each program of the
1381 district is defined in terms of full-time students and part-time
1382 students as follows:
1383 (a) A “full-time student” is one student on the membership
1384 roll of one school program or a combination of school programs
1385 listed in s. 1011.62(1)(c) for the school year or the equivalent
1386 for:
1387 1. Instruction in a standard school, comprising not less
1388 than 900 net hours for a student in or at the grade level of 4
1389 through 12, or not less than 720 net hours for a student in or
1390 at the grade level of kindergarten through grade 3 or in an
1391 authorized prekindergarten exceptional program;
1392 2. Instruction in an alternative charter school that is
1393 operating with two or more instructional sessions per day,
1394 comprising not less than the equivalent of 810 net hours per
1395 session and using instructional calendars that may extend beyond
1396 180 days, as authorized in the charter contract that is approved
1397 by the district school board;
1398 3. Instruction in a double-session school or a school
1399 utilizing an experimental school calendar approved by the
1400 Department of Education, comprising not less than the equivalent
1401 of 810 net hours in grades 4 through 12 or not less than 630 net
1402 hours in kindergarten through grade 3; or
1403 4.3. Instruction comprising the appropriate number of net
1404 hours set forth in subparagraph 1. or subparagraph 2. for
1405 students who, within the past year, have moved with their
1406 parents for the purpose of engaging in the farm labor or fish
1407 industries, if a plan furnishing such an extended school day or
1408 week, or a combination thereof, has been approved by the
1409 commissioner. Such plan may be approved to accommodate the needs
1410 of migrant students only or may serve all students in schools
1411 having a high percentage of migrant students. The plan described
1412 in this subparagraph is optional for any school district and is
1413 not mandated by the state.
1414 (b) A “part-time student” is a student on the active
1415 membership roll of a school program or combination of school
1416 programs listed in s. 1011.62(1)(c) who is less than a full-time
1417 student.
1418 (c)1. A “full-time equivalent student” is:
1419 a. A full-time student in any one of the programs listed in
1420 s. 1011.62(1)(c); or
1421 b. A combination of full-time or part-time students in any
1422 one of the programs listed in s. 1011.62(1)(c) which is the
1423 equivalent of one full-time student based on the following
1424 calculations:
1425 (I) A full-time student in a combination of programs listed
1426 in s. 1011.62(1)(c) shall be a fraction of a full-time
1427 equivalent membership in each special program equal to the
1428 number of net hours per school year for which he or she is a
1429 member, divided by the appropriate number of hours set forth in
1430 subparagraph (a)1. or subparagraph (a)2. The difference between
1431 that fraction or sum of fractions and the maximum value as set
1432 forth in subsection (4) for each full-time student is presumed
1433 to be the balance of the student’s time not spent in a special
1434 program and shall be recorded as time in the appropriate basic
1435 program.
1436 (II) A prekindergarten student with a disability shall meet
1437 the requirements specified for kindergarten students.
1438 (III) A full-time equivalent student for students in
1439 kindergarten through grade 12 in a full-time virtual instruction
1440 program under s. 1002.45 or a virtual charter school under s.
1441 1002.33 shall consist of six full-credit completions or the
1442 prescribed level of content that counts toward promotion to the
1443 next grade in programs listed in s. 1011.62(1)(c). Credit
1444 completions may be a combination of full-credit courses or half
1445 credit courses. Beginning in the 2016-2017 fiscal year, the
1446 reported full-time equivalent students and associated funding of
1447 students enrolled in courses requiring passage of an end-of
1448 course assessment under s. 1003.4282 to earn a standard high
1449 school diploma shall be adjusted if the student does not pass
1450 the end-of-course assessment. However, no adjustment shall be
1451 made for a student who enrolls in a segmented remedial course
1452 delivered online.
1453 (IV) A full-time equivalent student for students in
1454 kindergarten through grade 12 in a part-time virtual instruction
1455 program under s. 1002.45 shall consist of six full-credit
1456 completions in programs listed in s. 1011.62(1)(c)1. and 3.
1457 Credit completions may be a combination of full-credit courses
1458 or half-credit courses. Beginning in the 2016-2017 fiscal year,
1459 the reported full-time equivalent students and associated
1460 funding of students enrolled in courses requiring passage of an
1461 end-of-course assessment under s. 1003.4282 to earn a standard
1462 high school diploma shall be adjusted if the student does not
1463 pass the end-of-course assessment. However, no adjustment shall
1464 be made for a student who enrolls in a segmented remedial course
1465 delivered online.
1466 (V) A Florida Virtual School full-time equivalent student
1467 shall consist of six full-credit completions or the prescribed
1468 level of content that counts toward promotion to the next grade
1469 in the programs listed in s. 1011.62(1)(c)1. and 3. for students
1470 participating in kindergarten through grade 12 part-time virtual
1471 instruction and the programs listed in s. 1011.62(1)(c) for
1472 students participating in kindergarten through grade 12 full
1473 time virtual instruction. Credit completions may be a
1474 combination of full-credit courses or half-credit courses.
1475 Beginning in the 2016-2017 fiscal year, the reported full-time
1476 equivalent students and associated funding of students enrolled
1477 in courses requiring passage of an end-of-course assessment
1478 under s. 1003.4282 to earn a standard high school diploma shall
1479 be adjusted if the student does not pass the end-of-course
1480 assessment. However, no adjustment shall be made for a student
1481 who enrolls in a segmented remedial course delivered online.
1482 (VI) Each successfully completed full-credit course earned
1483 through an online course delivered by a district other than the
1484 one in which the student resides shall be calculated as 1/6 FTE.
1485 (VII) A full-time equivalent student for courses requiring
1486 passage of a statewide, standardized end-of-course assessment
1487 under s. 1003.4282 to earn a standard high school diploma shall
1488 be defined and reported based on the number of instructional
1489 hours as provided in this subsection until the 2016-2017 fiscal
1490 year. Beginning in the 2016-2017 fiscal year, the FTE for the
1491 course shall be assessment-based and shall be equal to 1/6 FTE.
1492 The reported FTE shall be adjusted if the student does not pass
1493 the end-of-course assessment. However, no adjustment shall be
1494 made for a student who enrolls in a segmented remedial course
1495 delivered online.
1496 (VIII) For students enrolled in a school district as a
1497 full-time student, the district may report 1/6 FTE for each
1498 student who passes a statewide, standardized end-of-course
1499 assessment without being enrolled in the corresponding course.
1500 2. A student in membership in a program scheduled for more
1501 or less than 180 school days or the equivalent on an hourly
1502 basis as specified by rules of the State Board of Education is a
1503 fraction of a full-time equivalent membership equal to the
1504 number of instructional hours in membership divided by the
1505 appropriate number of hours set forth in subparagraph (a)1.;
1506 however, for the purposes of this subparagraph, membership in
1507 programs scheduled for more than 180 days is limited to students
1508 enrolled in:
1509 a. Juvenile justice education programs.
1510 b. The Florida Virtual School.
1511 c. Virtual instruction programs and virtual charter schools
1512 for the purpose of course completion and credit recovery
1513 pursuant to ss. 1002.45 and 1003.498. Course completion applies
1514 only to a student who is reported during the second or third
1515 membership surveys and who does not complete a virtual education
1516 course by the end of the regular school year. The course must be
1517 completed no later than the deadline for amending the final
1518 student enrollment survey for that year. Credit recovery applies
1519 only to a student who has unsuccessfully completed a traditional
1520 or virtual education course during the regular school year and
1521 must re-take the course in order to be eligible to graduate with
1522 the student’s class.
1523
1524 The full-time equivalent student enrollment calculated under
1525 this subsection is subject to the requirements in subsection
1526 (4).
1527
1528 The department shall determine and implement an equitable method
1529 of equivalent funding for experimental schools and for schools
1530 operating under emergency conditions, which schools have been
1531 approved by the department to operate for less than the minimum
1532 school day.
1533 Section 12. Section 1011.6202, Florida Statutes, is created
1534 to read:
1535 1011.6202 Charter School District Pilot Program.—The
1536 Charter School District Pilot Program is created within the
1537 Department of Education. The purpose of the pilot program is to
1538 provide the principal of a participating school with increased
1539 autonomy and authority to operate his or her school in a way
1540 that produces significant improvements in student achievement
1541 and school management while complying with constitutional
1542 requirements. The State Board of Education may, upon approval of
1543 a charter proposal, enter into a performance contract with up to
1544 six district school boards to establish such districts as
1545 charter school districts.
1546 (1) CHARTER SCHOOL DISTRICT.—A charter school district is a
1547 school district in the state that has submitted, and the state
1548 board has approved, a charter proposal that exchanges statutory
1549 and rule exemption for an agreement to meet performance goals
1550 established in the charter proposal. A charter school district
1551 shall be chartered for 3 years. At the end of the 3 years, the
1552 performance of all participating schools in the charter school
1553 district shall be evaluated.
1554 (2) CHARTER PROPOSAL.—
1555 (a) The proposal to become a charter school district must:
1556 1. Identify three middle or high schools whose principals
1557 will have fiscal and administrative autonomy.
1558 2. Describe the current financial and administrative
1559 management of each participating school; identify the areas in
1560 which each school principal will have increased fiscal and
1561 administrative autonomy, including the authority and
1562 responsibilities provided in s. 1012.28(8); and identify the
1563 areas in which each participating school will continue to follow
1564 district school board fiscal and administrative policies.
1565 3. Explain the methods used to identify the educational
1566 strengths and needs of the participating school’s students and
1567 identify how student achievement can be improved.
1568 4. Establish performance goals for student achievement, as
1569 defined in s. 1008.34(1), and explain how increased principal
1570 autonomy will help participating schools improve student
1571 achievement and school management.
1572 5. Provide each participating school’s mission and a
1573 description of its student population.
1574 (b) The state board shall establish criteria, which must
1575 include the criteria listed in paragraph (a), for the approval
1576 of a school district charter proposal.
1577 (c) A school district must submit the charter proposal to
1578 the state board for approval by December 1 in order to begin
1579 participation in the subsequent school year. By February 28 of
1580 the school year in which the proposal is submitted, the state
1581 board shall notify the district school board in writing whether
1582 the charter proposal has been approved.
1583 (3) EXEMPTION FROM LAWS.—
1584 (a) With the exception of those laws listed in paragraph
1585 (b), a charter school district is exempt from the provisions in
1586 chapters 1000-1013, including s. 1001.42(4)(f), relating to the
1587 opening date for schools, and rules of the state board that
1588 implement these exempt provisions.
1589 (b) A charter school district shall comply with the
1590 provisions in chapters 1000-1013, and rules of the state board
1591 that implement these provisions, pertaining to the following:
1592 1. Those laws relating to the election of district school
1593 board members, public meetings and public records requirements,
1594 financial disclosure, and conflicts of interest.
1595 2. Those laws relating to the student assessment program
1596 and school grading system, including chapter 1008.
1597 3. Those laws relating to the provision of services to
1598 students with disabilities.
1599 4. Those laws relating to civil rights, including s.
1600 1000.05, relating to discrimination.
1601 5. Those laws relating to student health, safety, and
1602 welfare.
1603 6. Those laws relating to the election and compensation of
1604 district school board members and the election or appointment
1605 and compensation of district school superintendents.
1606 7. Section 1003.03, governing maximum class size, except
1607 that the calculation for compliance pursuant to s. 1003.03 is
1608 the average at the school level.
1609 8. Sections 1012.22(1)(c) and 1012.27(2), relating to
1610 compensation and salary schedules.
1611 9. Section 1012.33(5), relating to workforce reductions for
1612 annual contracts for instructional personnel. This subparagraph
1613 does not apply to at-will employees.
1614 10. Section 1012.335, relating to annual contracts for
1615 instructional personnel hired on or after July 1, 2011. This
1616 subparagraph does not apply to at-will employees.
1617 11. Section 1012.34, relating to personnel evaluation
1618 procedures and criteria.
1619 12. Those laws pertaining to educational facilities,
1620 including chapter 1013, except that s. 1013.20, relating to
1621 covered walkways for relocatables, and s. 1013.21, relating to
1622 the use of relocatable facilities exceeding 20 years of age, are
1623 eligible for exemption.
1624 13. Those laws pertaining to charter school districts,
1625 including this section.
1626 (4) PROFESSIONAL DEVELOPMENT.—Each charter school district
1627 shall require the principal of each participating school to
1628 complete the professional development provided through the
1629 William Cecil Golden Professional Development Program for School
1630 Leaders under s. 1012.986. The professional development must be
1631 completed before a school may participate in the Charter School
1632 District Pilot Program.
1633 (5) TERM OF CHARTER.—The state board shall authorize a
1634 charter school district’s charter for a period of 3 years
1635 commencing with award of the charter. The charter may be renewed
1636 upon action of the state board. The state board may revoke a
1637 charter if the charter school district fails to meet the
1638 requirements of this section during the 3-year period.
1639 (6) REPORTING.—Each charter school district shall submit an
1640 annual report to the state board. The state board shall annually
1641 report on the implementation of the Charter School District
1642 Pilot Program. Upon completion of the program’s first 3-year
1643 term, the Commissioner of Education shall submit to the
1644 President of the Senate and the Speaker of the House of
1645 Representatives by December 1 a full evaluation of the
1646 effectiveness of the program.
1647 (7) RULEMAKING.—The State Board of Education shall adopt
1648 rules to administer this section.
1649 Section 13. Subsection (2) of section 1011.69, Florida
1650 Statutes, is amended to read:
1651 1011.69 Equity in School-Level Funding Act.—
1652 (2) Beginning in the 2003-2004 fiscal year, district school
1653 boards shall allocate to schools within the district an average
1654 of 90 percent of the funds generated by all schools and
1655 guarantee that each school receives at least 80 percent, except
1656 schools participating in the Charter School District Pilot
1657 Program under s. 1011.6202 are guaranteed to receive at least 90
1658 percent, of the funds generated by that school based upon the
1659 Florida Education Finance Program as provided in s. 1011.62 and
1660 the General Appropriations Act, including gross state and local
1661 funds, discretionary lottery funds, and funds from the school
1662 district’s current operating discretionary millage levy. Total
1663 funding for each school shall be recalculated during the year to
1664 reflect the revised calculations under the Florida Education
1665 Finance Program by the state and the actual weighted full-time
1666 equivalent students reported by the school during the full-time
1667 equivalent student survey periods designated by the Commissioner
1668 of Education. If the district school board is providing programs
1669 or services to students funded by federal funds, any eligible
1670 students enrolled in the schools in the district shall be
1671 provided federal funds.
1672 Section 14. Subsection (8) is added to section 1012.28,
1673 Florida Statutes, to read:
1674 1012.28 Public school personnel; duties of school
1675 principals.—
1676 (8) The principal of a participating school in a charter
1677 school district approved under s. 1011.6202 has the following
1678 additional authority and responsibilities:
1679 (a) In addition to the authority provided in subsection
1680 (6), the authority to select qualified instructional personnel
1681 for placement or to refuse to accept the placement or transfer
1682 of instructional personnel by the district school
1683 superintendent. Placement of instructional personnel at a
1684 participating school in a charter school district does not
1685 affect the employee’s status as a school district employee.
1686 (b) The authority to deploy financial resources to school
1687 programs at the principal’s discretion to help improve student
1688 achievement, as defined in s. 1008.34(1), and meet performance
1689 goals identified in the charter proposal submitted pursuant to
1690 s. 1011.6202.
1691 (c) To annually provide to the district school
1692 superintendent and the district school board a budget for the
1693 operation of the participating school that identifies how funds
1694 provided pursuant to s. 1011.69(2) are allocated. The school
1695 district shall include the budget in the annual report provided
1696 to the State Board of Education pursuant to s. 1011.6202(6).
1697 Section 15. Subsection (2) of section 1012.42, Florida
1698 Statutes, is amended to read:
1699 1012.42 Teacher teaching out-of-field.—
1700 (2) NOTIFICATION REQUIREMENTS.—When a teacher in a district
1701 school system is assigned teaching duties in a class dealing
1702 with subject matter that is outside the field in which the
1703 teacher is certified, outside the field that was the applicant’s
1704 minor field of study, or outside the field in which the
1705 applicant has demonstrated sufficient subject area expertise, as
1706 determined by district school board policy in the subject area
1707 to be taught, the parents of all students in the class shall be
1708 notified in writing of such assignment. A parent that receives
1709 this notification may, after the October student membership
1710 survey, request that his or her child be transferred to another
1711 classroom teacher within the school and grade in which the child
1712 is currently enrolled. A school must grant or deny the transfer
1713 within 2 weeks after receiving a request. If a request for
1714 transfer is denied, the school shall notify the parent and
1715 specify the reasons for a denial. An explanation of the transfer
1716 process must be made available in the student handbook or a
1717 similar publication. This does not provide a parent the right to
1718 choose a specific teacher.
1719 Section 16. Paragraph (e) is added to subsection (1) of
1720 section 1012.986, Florida Statutes, to read:
1721 1012.986 William Cecil Golden Professional Development
1722 Program for School Leaders.—
1723 (1) There is established the William Cecil Golden
1724 Professional Development Program for School Leaders to provide
1725 high standards and sustained support for principals as
1726 instructional leaders. The program shall consist of a
1727 collaborative network of state and national professional
1728 leadership organizations to respond to instructional leadership
1729 needs throughout the state. The network shall support the human
1730 resource development needs of principals, principal leadership
1731 teams, and candidates for principal leadership positions using
1732 the framework of leadership standards adopted by the State Board
1733 of Education, the Southern Regional Education Board, and the
1734 National Staff Development Council. The goal of the network
1735 leadership program is to:
1736 (e) For principals of schools participating in the Charter
1737 School District Pilot Program under s. 1011.6202, provide
1738 training on the following:
1739 1. Managing instructional personnel, including developing a
1740 high-performing instructional leadership team.
1741 2. Public school budgeting, financial management, and human
1742 resources policies and procedures.
1743 3. Best practices for the effective exercise of increased
1744 budgetary and staffing flexibility to improve student
1745 achievement and operational efficiency.
1746 Section 17. Paragraph (a) of subsection (1) of section
1747 1013.62, Florida Statutes, is amended to read:
1748 1013.62 Charter schools capital outlay funding.—
1749 (1) In each year in which funds are appropriated for
1750 charter school capital outlay purposes, the Commissioner of
1751 Education shall allocate the funds among eligible charter
1752 schools.
1753 (a) To be eligible for a funding allocation, a charter
1754 school must:
1755 1.a. Have been in operation for 3 or more years;
1756 b. Be governed by a governing board established in the
1757 state for 3 or more years which operates both charter schools
1758 and conversion charter schools within the state;
1759 c. Be an expanded feeder chain of a charter school within
1760 the same school district that is currently receiving charter
1761 school capital outlay funds;
1762 d. Have been accredited by the Commission on Schools of the
1763 Southern Association of Colleges and Schools; or
1764 e. Serve students in facilities that are provided by a
1765 business partner for a charter school-in-the-workplace pursuant
1766 to s. 1002.33(15)(b).
1767 2. Have an annual audit that does not reveal any of the
1768 financial emergency conditions provided in s. 218.503(1) for the
1769 most recent fiscal year for which such audit results are
1770 available stability for future operation as a charter school.
1771 3. Have satisfactory student achievement based on state
1772 accountability standards applicable to the charter school.
1773 4. Have received final approval from its sponsor pursuant
1774 to s. 1002.33 for operation during that fiscal year.
1775 5. Serve students in facilities that are not provided by
1776 the charter school’s sponsor.
1777 Section 18. Notwithstanding any other provision of law,
1778 student reporting requirements related to withdrawals,
1779 suspensions, expulsions, and other related instances where
1780 students are no longer enrolled in a school, must be the same
1781 for public schools, including charter schools. Thus, charter
1782 school reporting requirements for these instances apply to all
1783 public schools, and public school reporting requirements apply
1784 to all charter schools.
1785 Section 19. This act shall take effect July 1, 2015.