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 shall may not require a charter school to have a
  280  certificate of occupancy or a temporary certificate of occupancy
  281  for such a facility no later than 60 earlier than 15 calendar
  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 may shall not 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, no not
  351  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 Education the
  371  federal Education Department General 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.