Florida Senate - 2016 SB 140 By Senator Ring 29-00067-16 2016140__ 1 A bill to be entitled 2 An act relating to school choice; amending s. 1002.33, 3 F.S.; requiring a charter school applicant to undergo 4 background screening; prohibiting a sponsor from 5 approving a charter school application until 6 completion and receipt of the results of such 7 screening; requiring a charter school applicant to 8 provide evidence of accreditation; revising the 9 deadline by which a charter school must have a 10 certificate of occupancy or temporary certificate of 11 occupancy; expanding the factors for approval of a 12 charter application to include documentation of 13 adequate financial resources, certain applicant 14 identifying information, disclosure of additional 15 charter schools sponsored by such parties and the 16 records of such schools, and the independent status of 17 any management company or cooperative; removing 18 obsolete language; amending s. 1002.331, F.S.; 19 conforming a cross-reference to changes made by the 20 act; providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Paragraph (b) of subsection (6), paragraph (a) 25 of subsection (7), and paragraph (c) of subsection (17) of 26 section 1002.33, Florida Statutes, are amended, present 27 paragraphs (g) and (h) of subsection (6) of that section are 28 redesignated as paragraphs (h) and (i), respectively, and a new 29 paragraph (g) is added to that subsection, to read: 30 1002.33 Charter schools.— 31 (6) APPLICATION PROCESS AND REVIEW.—Charter school 32 applications are subject to the following requirements: 33 (b) A sponsor shall receive and review all applications for 34 a charter school using an evaluation instrument developed by the 35 Department of Education. A sponsor shall receive and consider 36 charter school applications received on or before August 1 of 37 each calendar year for charter schools to be opened at the 38 beginning of the school district’s next school year, or to be 39 opened at a time agreed to by the applicant and the sponsor. A 40 sponsor may not refuse to receive a charter school application 41 submitted before August 1 and may receive an application 42 submitted later than August 1 if it chooses. In order to 43 facilitate greater collaboration in the application process, an 44 applicant may submit a draft charter school application on or 45 before May 1 with an application fee of $500. If a draft 46 application is timely submitted, the sponsor shall review and 47 provide feedback as to material deficiencies in the application 48 by July 1. The applicant shall then have until August 1 to 49 resubmit a revised and final application. The sponsor may 50 approve the draft application. A sponsor may not charge an 51 applicant for a charter any fee for the processing or 52 consideration of an application, and a sponsor may not base its 53 consideration or approval of a final application upon the 54 promise of future payment of any kind. Before approving or 55 denying any final application, the sponsor shall allow the 56 applicant, upon receipt of written notification, at least 7 57 calendar days to make technical or nonsubstantive corrections 58 and clarifications, including, but not limited to, corrections 59 of grammatical, typographical, and like errors or missing 60 signatures, if such errors are identified by the sponsor as 61 cause to deny the final application. 62 1. In order to facilitate an accurate budget projection 63 process, a sponsor shall be held harmless for FTE students who 64 are not included in the FTE projection due to approval of 65 charter school applications after the FTE projection deadline. 66 In a further effort to facilitate an accurate budget projection, 67 within 15 calendar days after receipt of a charter school 68 application, a sponsor shall report to the Department of 69 Education the name of the applicant entity, the proposed charter 70 school location, and its projected FTE. 71 2. In order to ensure fiscal responsibility, an application 72 for a charter school shall include a full accounting of expected 73 assets, a projection of expected sources and amounts of income, 74 including income derived from projected student enrollments and 75 from community support, and an expense projection that includes 76 full accounting of the costs of operation, including start-up 77 costs. 78 3.a. A sponsor shall by a majority vote approve or deny an 79 application no later than 60 calendar days after the application 80 is received, unless the sponsor and the applicant mutually agree 81 in writing to temporarily postpone the vote to a specific date, 82 at which time the sponsor shall by a majority vote approve or 83 deny the application. If the sponsor fails to act on the 84 application, an applicant may appeal to the State Board of 85 Education as provided in paragraph (c). If an application is 86 denied, the sponsor shall, within 10 calendar days after such 87 denial, articulate in writing the specific reasons, based upon 88 good cause, supporting its denial of the charter application and 89 shall provide the letter of denial and supporting documentation 90 to the applicant and to the Department of Education. 91 b. An application submitted by a high-performing charter 92 school identified pursuant to s. 1002.331 may be denied by the 93 sponsor only if the sponsor demonstrates by clear and convincing 94 evidence that: 95 (I) The application does not materially comply with the 96 requirements in paragraph (a); 97 (II) The charter school proposed in the application does 98 not materially comply with the requirements in paragraphs 99 (9)(a)-(f); 100 (III) The proposed charter school’s educational program 101 does not substantially replicate that of the applicant or one of 102 the applicant’s high-performing charter schools; 103 (IV) The applicant has made a material misrepresentation or 104 false statement or concealed an essential or material fact 105 during the application process; or 106 (V) The proposed charter school’s educational program and 107 financial management practices do not materially comply with the 108 requirements of this section. 109 110 Material noncompliance is a failure to follow requirements or a 111 violation of prohibitions applicable to charter school 112 applications, which failure is quantitatively or qualitatively 113 significant either individually or when aggregated with other 114 noncompliance. An applicant is considered to be replicating a 115 high-performing charter school if the proposed school is 116 substantially similar to at least one of the applicant’s high 117 performing charter schools and the organization or individuals 118 involved in the establishment and operation of the proposed 119 school are significantly involved in the operation of replicated 120 schools. 121 c. If the sponsor denies an application submitted by a 122 high-performing charter school, the sponsor must, within 10 123 calendar days after such denial, state in writing the specific 124 reasons, based upon the criteria in sub-subparagraph b., 125 supporting its denial of the application and must provide the 126 letter of denial and supporting documentation to the applicant 127 and to the Department of Education. The applicant may appeal the 128 sponsor’s denial of the application directly to the State Board 129 of Education pursuant to sub-subparagraph (c)3.b. 130 4. For budget projection purposes, the sponsor shall report 131 to the Department of Education the approval or denial of a 132 charter application within 10 calendar days after such approval 133 or denial. In the event of approval, the report to the 134 Department of Education shall include the final projected FTE 135 for the approved charter school. 136 5. Upon approval of a charter application, the initial 137 startup shall commence with the beginning of the public school 138 calendar for the district in which the charter is granted unless 139 the sponsor allows a waiver of this subparagraph for good cause. 140 6. A person, or an officer of an entity, who submits an 141 application pursuant to this subsection must undergo background 142 screening in the same manner as instructional and 143 noninstructional personnel hired or contracted to fill positions 144 in a charter school or as members of the charter school’s 145 governing board are screened under s. 1012.32. Notwithstanding 146 any other provision of this subsection, a charter application 147 may not be approved until the person's or officer’s screening is 148 completed and the results have been submitted to the sponsor. 149 (g) After approval of an application but before the first 150 day of classes at the charter school, a charter school applicant 151 shall provide verified evidence that the school has been 152 accredited by the Southern Association of Colleges and Schools. 153 (7) CHARTER.—The major issues involving the operation of a 154 charter school shall be considered in advance and written into 155 the charter. The charter shall be signed by the governing board 156 of the charter school and the sponsor, following a public 157 hearing to ensure community input. 158 (a) The charter shall address and criteria for approval of 159 the charter shall be based on: 160 1. The school’s mission, the students to be served, and the 161 ages and grades to be included. 162 2. The focus of the curriculum, the instructional methods 163 to be used, any distinctive instructional techniques to be 164 employed, and identification and acquisition of appropriate 165 technologies needed to improve educational and administrative 166 performance which include a means for promoting safe, ethical, 167 and appropriate uses of technology which comply with legal and 168 professional standards. 169 a. The charter shall ensure that reading is a primary focus 170 of the curriculum and that resources are provided to identify 171 and provide specialized instruction for students who are reading 172 below grade level. The curriculum and instructional strategies 173 for reading must be consistent with the Next Generation Sunshine 174 State Standards and grounded in scientifically based reading 175 research. 176 b. In order to provide students with access to diverse 177 instructional delivery models, to facilitate the integration of 178 technology within traditional classroom instruction, and to 179 provide students with the skills they need to compete in the 180 21st century economy, the Legislature encourages instructional 181 methods for blended learning courses consisting of both 182 traditional classroom and online instructional techniques. 183 Charter schools may implement blended learning courses which 184 combine traditional classroom instruction and virtual 185 instruction. Students in a blended learning course must be full 186 time students of the charter school and receive the online 187 instruction in a classroom setting at the charter school. 188 Instructional personnel certified pursuant to s. 1012.55 who 189 provide virtual instruction for blended learning courses may be 190 employees of the charter school or may be under contract to 191 provide instructional services to charter school students. At a 192 minimum, such instructional personnel must hold an active state 193 or school district adjunct certification under s. 1012.57 for 194 the subject area of the blended learning course. The funding and 195 performance accountability requirements for blended learning 196 courses are the same as those for traditional courses. 197 3. The current incoming baseline standard of student 198 academic achievement, the outcomes to be achieved, and the 199 method of measurement that will be used. The criteria listed in 200 this subparagraph shall include a detailed description of: 201 a. How the baseline student academic achievement levels and 202 prior rates of academic progress will be established. 203 b. How these baseline rates will be compared to rates of 204 academic progress achieved by these same students while 205 attending the charter school. 206 c. To the extent possible, how these rates of progress will 207 be evaluated and compared with rates of progress of other 208 closely comparable student populations. 209 210 The district school board is required to provide academic 211 student performance data to charter schools for each of their 212 students coming from the district school system, as well as 213 rates of academic progress of comparable student populations in 214 the district school system. 215 4. The methods used to identify the educational strengths 216 and needs of students and how well educational goals and 217 performance standards are met by students attending the charter 218 school. The methods shall provide a means for the charter school 219 to ensure accountability to its constituents by analyzing 220 student performance data and by evaluating the effectiveness and 221 efficiency of its major educational programs. Students in 222 charter schools shall, at a minimum, participate in the 223 statewide assessment program created under s. 1008.22. 224 5. In secondary charter schools, a method for determining 225 that a student has satisfied the requirements for graduation in 226 s. 1002.3105(5), s. 1003.4281, or s. 1003.4282. 227 6. A method for resolving conflicts between the governing 228 board of the charter school and the sponsor. 229 7. The admissions procedures and dismissal procedures, 230 including the school’s code of student conduct. 231 8. The ways by which the school will achieve a 232 racial/ethnic balance reflective of the community it serves or 233 within the racial/ethnic range of other public schools in the 234 same school district. 235 9. The financial and administrative management of the 236 school, including a reasonable demonstration of the professional 237 experience or competence of those individuals or organizations 238 applying to operate the charter school or those hired or 239 retained to perform such professional services and the 240 description of clearly delineated responsibilities and the 241 policies and practices needed to effectively manage the charter 242 school. A description of internal audit procedures and 243 establishment of controls to ensure that financial resources are 244 properly managed must be included. Both public sector and 245 private sector professional experience shall be equally valid in 246 such a consideration. 247 10. The asset and liability projections required in the 248 application which are incorporated into the charter and shall be 249 compared with information provided in the annual report of the 250 charter school. 251 11. A description of procedures that identify various risks 252 and provide for a comprehensive approach to reduce the impact of 253 losses; plans to ensure the safety and security of students and 254 staff; plans to identify, minimize, and protect others from 255 violent or disruptive student behavior; and the manner in which 256 the school will be insured, including whether or not the school 257 will be required to have liability insurance, and, if so, the 258 terms and conditions thereof and the amounts of coverage. 259 12. The term of the charter which shall provide for 260 cancellation of the charter if insufficient progress has been 261 made in attaining the student achievement objectives of the 262 charter and if it is not likely that such objectives can be 263 achieved before expiration of the charter. The initial term of a 264 charter shall be for 4 or 5 years. In order to facilitate access 265 to long-term financial resources for charter school 266 construction, charter schools that are operated by a 267 municipality or other public entity as provided by law are 268 eligible for up to a 15-year charter, subject to approval by the 269 district school board. A charter lab school is eligible for a 270 charter for a term of up to 15 years. In addition, to facilitate 271 access to long-term financial resources for charter school 272 construction, charter schools that are operated by a private, 273 not-for-profit, s. 501(c)(3) status corporation are eligible for 274 up to a 15-year charter, subject to approval by the district 275 school board. Such long-term charters remain subject to annual 276 review and may be terminated during the term of the charter, but 277 only according to the provisions set forth in subsection (8). 278 13. The facilities to be used and their location. The 279 sponsor shallmay notrequire a charter school to have a 280 certificate of occupancy or a temporary certificate of occupancy 281 for such a facility no later than 60earlier than 15calendar 282 days before the first day of school. 283 14. The qualifications to be required of the teachers and 284 the potential strategies used to recruit, hire, train, and 285 retain qualified staff to achieve best value. 286 15. The governance structure of the school, including the 287 status of the charter school as a public or private employer as 288 required in paragraph (12)(i). 289 16. A timetable for implementing the charter which 290 addresses the implementation of each element thereof and the 291 date by which the charter shall be awarded in order to meet this 292 timetable. 293 17. In the case of an existing public school that is being 294 converted to charter status, alternative arrangements for 295 current students who choose not to attend the charter school and 296 for current teachers who choose not to teach in the charter 297 school after conversion in accordance with the existing 298 collective bargaining agreement or district school board rule in 299 the absence of a collective bargaining agreement. However, 300 alternative arrangements mayshallnot be required for current 301 teachers who choose not to teach in a charter lab school, except 302 as authorized by the employment policies of the state university 303 which grants the charter to the lab school. 304 18. Full disclosure of the identity of all relatives 305 employed by the charter school who are related to the charter 306 school owner, president, chairperson of the governing board of 307 directors, superintendent, governing board member, principal, 308 assistant principal, or any other person employed by the charter 309 school who has equivalent decisionmaking authority. For the 310 purpose of this subparagraph, the term “relative” means father, 311 mother, son, daughter, brother, sister, uncle, aunt, first 312 cousin, nephew, niece, husband, wife, father-in-law, mother-in 313 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, 314 stepfather, stepmother, stepson, stepdaughter, stepbrother, 315 stepsister, half brother, or half sister. 316 19. Implementation of the activities authorized under s. 317 1002.331 by the charter school when it satisfies the eligibility 318 requirements for a high-performing charter school. A high 319 performing charter school shall notify its sponsor in writing by 320 March 1 if it intends to increase enrollment or expand grade 321 levels the following school year. The written notice shall 322 specify the amount of the enrollment increase and the grade 323 levels that will be added, as applicable. 324 20. No later than 60 calendar days before the first day of 325 school, documentation of adequate financial resources to support 326 the operation of the charter school. Documentation may include 327 bank statements, financial statements, loan documents, and any 328 other business and financial records. 329 21. Disclosure of the name of each applicant, governing 330 board member, and proposed management company or cooperative, if 331 any; the name and sponsor of any charter school currently 332 operated or previously operated by such parties; and the 333 academic and financial history of such charter schools. 334 22. Documentation that the governing board is independent 335 of any management company or cooperative and may, at its sole 336 discretion, terminate a contract with the management company or 337 cooperative at any time. 338 (17) FUNDING.—Students enrolled in a charter school, 339 regardless of the sponsorship, shall be funded as if they are in 340 a basic program or a special program, the same as students 341 enrolled in other public schools in the school district. Funding 342 for a charter lab school shall be as provided in s. 1002.32. 343 (c) If the district school board is providing programs or 344 services to students funded by federal funds, any eligible 345 students enrolled in charter schools in the school district 346 shall be provided federal funds for the same level of service 347 provided students in the schools operated by the district school 348 board.Pursuant to provisions of 20 U.S.C. 8061 s. 10306,All 349 charter schools shall receive all federal funding for which the 350 school is otherwise eligible, including Title I funding, nonot351 later than 5 months after the charter school first opens and 352 within 5 months after any subsequent expansion of enrollment. 353 Unless otherwise mutually agreed to by the charter school and 354 its sponsor, and consistent with state and federal rules and 355 regulations governing the use and disbursement of federal funds, 356 the sponsor shall reimburse the charter school on a monthly 357 basis for all invoices submitted by the charter school for 358 federal funds available to the sponsor for the benefit of the 359 charter school, the charter school’s students, and the charter 360 school’s students as public school students in the school 361 district. Such federal funds include, but are not limited to, 362 Title I, Title II, and Individuals with Disabilities Education 363 Act (IDEA) funds. To receive timely reimbursement for an 364 invoice, the charter school must submit the invoice to the 365 sponsor at least 30 days before the monthly date of 366 reimbursement set by the sponsor. In order to be reimbursed, any 367 expenditures made by the charter school must comply with all 368 applicable state rules and federal regulations, including, but 369 not limited to, the applicable federal Office of Management and 370 Budget Circulars; United States Department of Educationthe371federal Education DepartmentGeneral Administrative Regulations; 372 and program-specific statutes, rules, and regulations. Such 373 funds may not be made available to the charter school until a 374 plan is submitted to the sponsor for approval of the use of the 375 funds in accordance with applicable federal requirements. The 376 sponsor has 30 days to review and approve any plan submitted 377 pursuant to this paragraph. 378 Section 2. Paragraph (a) of subsection (3) of section 379 1002.331, Florida Statutes, is amended to read: 380 1002.331 High-performing charter schools.— 381 (3)(a) A high-performing charter school may submit an 382 application pursuant to s. 1002.33(6) in any school district in 383 the state to establish and operate a new charter school that 384 will substantially replicate its educational program. An 385 application submitted by a high-performing charter school must 386 state that the application is being submitted pursuant to this 387 paragraph and must include the verification letter provided by 388 the Commissioner of Education pursuant to subsection (5). If the 389 sponsor fails to act on the application within 60 days after 390 receipt, the application is deemed approved and the procedure in 391 s. 1002.33(6)(i)s. 1002.33(6)(h)applies. If the sponsor denies 392 the application, the high-performing charter school may appeal 393 pursuant to s. 1002.33(6). 394 Section 3. This act shall take effect July 1, 2016.