Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. SB 1362
Ì143166-Î143166
LEGISLATIVE ACTION
Senate . House
Comm: WD .
04/17/2017 .
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The Committee on Education (Broxson) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (1), paragraphs (a), (b), (c), and
6 (h) of subsection (6), subsection (7), paragraph (b) of
7 subsection (8), paragraph (h) of subsection (12), subsection
8 (13), paragraphs (b) and (c) of subsection (17), paragraph (c)
9 of subsection (18), subsection (20), paragraphs (a) and (b) of
10 subsection (21), and subsections (25) and (28) of section
11 1002.33, Florida Statutes, are amended to read:
12 1002.33 Charter schools.—
13 (1) AUTHORIZATION.—Charter schools shall be part of the
14 state’s program of public education. All charter schools in
15 Florida are public schools and shall be part of the state’s
16 program of public education. A charter school may be formed by
17 creating a new school or converting an existing public school to
18 charter status. A charter school may operate a virtual charter
19 school pursuant to s. 1002.45(1)(d) to provide full-time online
20 instruction to eligible students, pursuant to s. 1002.455, in
21 kindergarten through grade 12. An existing charter school that
22 is seeking to become a virtual charter school must amend its
23 charter or submit a new application pursuant to subsection (6)
24 to become a virtual charter school. A virtual charter school is
25 subject to the requirements of this section; however, a virtual
26 charter school is exempt from subsections (18) and (19),
27 subparagraphs (20)(a)2., 4., 5., and 7., paragraph (20)(c), and
28 s. 1003.03. A public school may not use the term charter in its
29 name unless it has been approved under this section.
30 (6) APPLICATION PROCESS AND REVIEW.—Charter school
31 applications are subject to the following requirements:
32 (a) A person or entity seeking to open a charter school
33 shall prepare and submit an application on the standard a model
34 application form prepared by the Department of Education which:
35 1. Demonstrates how the school will use the guiding
36 principles and meet the statutorily defined purpose of a charter
37 school.
38 2. Provides a detailed curriculum plan that illustrates how
39 students will be provided services to attain the Sunshine State
40 Standards.
41 3. Contains goals and objectives for improving student
42 learning and measuring that improvement. These goals and
43 objectives must indicate how much academic improvement students
44 are expected to show each year, how success will be evaluated,
45 and the specific results to be attained through instruction.
46 4. Describes the reading curriculum and differentiated
47 strategies that will be used for students reading at grade level
48 or higher and a separate curriculum and strategies for students
49 who are reading below grade level. A sponsor shall deny an
50 application if the school does not propose a reading curriculum
51 that is consistent with effective teaching strategies that are
52 grounded in scientifically based reading research.
53 5. Contains an annual financial plan for each year
54 requested by the charter for operation of the school for up to 5
55 years. This plan must contain anticipated fund balances based on
56 revenue projections, a spending plan based on projected revenues
57 and expenses, and a description of controls that will safeguard
58 finances and projected enrollment trends.
59 6. Discloses the name of each applicant, governing board
60 member, and all proposed education services providers; the name
61 and sponsor of any charter school operated by each applicant,
62 each governing board member, and each proposed education
63 services provider that has closed and the reasons for the
64 closure; and the academic and financial history of such charter
65 schools, which the sponsor shall consider in deciding whether to
66 approve or deny the application.
67 7. Contains additional information a sponsor may require,
68 which shall be attached as an addendum to the charter school
69 application described in this paragraph.
70 8. For the establishment of a virtual charter school,
71 documents that the applicant has contracted with a provider of
72 virtual instruction services pursuant to s. 1002.45(1)(d).
73 (b) A sponsor shall receive and review all applications for
74 a charter school using the evaluation instrument developed by
75 the Department of Education. A sponsor shall receive and
76 consider charter school applications received on or before
77 February August 1 of each calendar year for charter schools to
78 be opened 18 months later at the beginning of the school
79 district’s next school year, or to be opened at a time agreed to
80 by the applicant and the sponsor. A sponsor may not refuse to
81 receive a charter school application submitted before February
82 August 1 and may receive an application submitted later than
83 February August 1 if it chooses. In order to facilitate greater
84 collaboration in the application process, an applicant may
85 submit a draft charter school application on or before May 1
86 with an application fee of $500. If a draft application is
87 timely submitted, the sponsor shall review and provide feedback
88 as to material deficiencies in the application by July 1. The
89 applicant shall then have until August 1 to resubmit a revised
90 and final application. The sponsor may approve the draft
91 application. Except as provided for a draft application, A
92 sponsor may not charge an applicant for a charter any fee for
93 the processing or consideration of an application, and a sponsor
94 may not base its consideration or approval of a final
95 application upon the promise of future payment of any kind.
96 Before approving or denying any final application, the sponsor
97 shall allow the applicant, upon receipt of written notification,
98 at least 7 calendar days to make technical or nonsubstantive
99 corrections and clarifications, including, but not limited to,
100 corrections of grammatical, typographical, and like errors or
101 missing signatures, if such errors are identified by the sponsor
102 as cause to deny the final application.
103 1. In order to facilitate an accurate budget projection
104 process, a sponsor shall be held harmless for FTE students who
105 are not included in the FTE projection due to approval of
106 charter school applications after the FTE projection deadline.
107 In a further effort to facilitate an accurate budget projection,
108 within 15 calendar days after receipt of a charter school
109 application, a sponsor shall report to the Department of
110 Education the name of the applicant entity, the proposed charter
111 school location, and its projected FTE.
112 2. In order to ensure fiscal responsibility, an application
113 for a charter school shall include a full accounting of expected
114 assets, a projection of expected sources and amounts of income,
115 including income derived from projected student enrollments and
116 from community support, and an expense projection that includes
117 full accounting of the costs of operation, including start-up
118 costs.
119 3.a. A sponsor shall by a majority vote approve or deny an
120 application no later than 90 60 calendar days after the
121 application is received, unless the sponsor and the applicant
122 mutually agree in writing to temporarily postpone the vote to a
123 specific date, at which time the sponsor shall by a majority
124 vote approve or deny the application. If the sponsor fails to
125 act on the application, an applicant may appeal to the State
126 Board of Education as provided in paragraph (c). If an
127 application is denied, the sponsor shall, within 10 calendar
128 days after such denial, articulate in writing the specific
129 reasons, based upon good cause, supporting its denial of the
130 application and shall provide the letter of denial and
131 supporting documentation to the applicant and to the Department
132 of Education.
133 b. An application submitted by a high-performing charter
134 school identified pursuant to s. 1002.331 or a high-performing
135 charter school system identified pursuant to s. 1002.332 may be
136 denied by the sponsor only if the sponsor demonstrates by clear
137 and convincing evidence that:
138 (I) The application does not materially comply with the
139 requirements in paragraph (a);
140 (II) The charter school proposed in the application does
141 not materially comply with the requirements in paragraphs
142 (9)(a)-(f);
143 (III) The proposed charter school’s educational program
144 does not substantially replicate that of the applicant or one of
145 the applicant’s high-performing charter schools;
146 (IV) The applicant has made a material misrepresentation or
147 false statement or concealed an essential or material fact
148 during the application process; or
149 (V) The proposed charter school’s educational program and
150 financial management practices do not materially comply with the
151 requirements of this section.
152
153 Material noncompliance is a failure to follow requirements or a
154 violation of prohibitions applicable to charter school
155 applications, which failure is quantitatively or qualitatively
156 significant either individually or when aggregated with other
157 noncompliance. An applicant is considered to be replicating a
158 high-performing charter school if the proposed school is
159 substantially similar to at least one of the applicant’s high
160 performing charter schools and the organization or individuals
161 involved in the establishment and operation of the proposed
162 school are significantly involved in the operation of replicated
163 schools.
164 c. If the sponsor denies an application submitted by a
165 high-performing charter school or a high-performing charter
166 school system, the sponsor must, within 10 calendar days after
167 such denial, state in writing the specific reasons, based upon
168 the criteria in sub-subparagraph b., supporting its denial of
169 the application and must provide the letter of denial and
170 supporting documentation to the applicant and to the Department
171 of Education. The applicant may appeal the sponsor’s denial of
172 the application in accordance with directly to the State Board
173 of Education and, if an appeal is filed, must provide a copy of
174 the appeal to the sponsor pursuant to paragraph (c).
175 4. For budget projection purposes, the sponsor shall report
176 to the Department of Education the approval or denial of an
177 application within 10 calendar days after such approval or
178 denial. In the event of approval, the report to the Department
179 of Education shall include the final projected FTE for the
180 approved charter school.
181 5. Upon approval of an application, the initial startup
182 shall commence with the beginning of the public school calendar
183 for the district in which the charter is granted. A charter
184 school may defer the opening of the school’s operations for up
185 to 2 years to provide time for adequate facility planning. The
186 charter school must provide written notice of such intent to the
187 sponsor and the parents of enrolled students at least 30
188 calendar days before the first day of school.
189 (c)1. An applicant may appeal any denial of that
190 applicant’s application or failure to act on an application to
191 the State Board of Education no later than 30 calendar days
192 after receipt of the sponsor’s decision or failure to act and
193 shall notify the sponsor of its appeal. Any response of the
194 sponsor shall be submitted to the State Board of Education
195 within 30 calendar days after notification of the appeal. Upon
196 receipt of notification from the State Board of Education that a
197 charter school applicant is filing an appeal, the Commissioner
198 of Education shall convene a meeting of the Charter School
199 Appeal Commission to study and make recommendations to the State
200 Board of Education regarding its pending decision about the
201 appeal. The commission shall forward its recommendation to the
202 state board at least 7 calendar days before the date on which
203 the appeal is to be heard. An appeal regarding the denial of an
204 application submitted by a high-performing charter school
205 pursuant to s. 1002.331 shall be conducted by the State Board of
206 Education in accordance with this paragraph, except that the
207 commission shall not convene to make recommendations regarding
208 the appeal. However, the Commissioner of Education shall review
209 the appeal and make a recommendation to the state board.
210 2. The Charter School Appeal Commission or, in the case of
211 an appeal regarding an application submitted by a high
212 performing charter school, the State Board of Education may
213 reject an appeal submission for failure to comply with
214 procedural rules governing the appeals process. The rejection
215 shall describe the submission errors. The appellant shall have
216 15 calendar days after notice of rejection in which to resubmit
217 an appeal that meets the requirements set forth in State Board
218 of Education rule. An appeal submitted subsequent to such
219 rejection is considered timely if the original appeal was filed
220 within 30 calendar days after receipt of notice of the specific
221 reasons for the sponsor’s denial of the charter application.
222 3.a. The State Board of Education shall by majority vote
223 accept or reject the decision of the sponsor no later than 90
224 calendar days after an appeal is filed in accordance with State
225 Board of Education rule. The State Board of Education shall
226 remand the application to the sponsor with its written decision
227 that the sponsor approve or deny the application. The sponsor
228 shall implement the decision of the State Board of Education.
229 The decision of the State Board of Education is not subject to
230 the provisions of the Administrative Procedure Act, chapter 120.
231 b. If an appeal concerns an application submitted by a
232 high-performing charter school identified pursuant to s.
233 1002.331 or a high-performing charter school system identified
234 pursuant to s. 1002.332, the State Board of Education shall
235 determine whether the sponsor’s denial was in accordance with
236 sub-subparagraph (6)(b)3.b. sponsor has shown, by clear and
237 convincing evidence, that:
238 (I) The application does not materially comply with the
239 requirements in paragraph (a);
240 (II) The charter school proposed in the application does
241 not materially comply with the requirements in paragraphs
242 (9)(a)-(f);
243 (III) The proposed charter school’s educational program
244 does not substantially replicate that of the applicant or one of
245 the applicant’s high-performing charter schools;
246 (IV) The applicant has made a material misrepresentation or
247 false statement or concealed an essential or material fact
248 during the application process; or
249 (V) The proposed charter school’s educational program and
250 financial management practices do not materially comply with the
251 requirements of this section.
252
253 The State Board of Education shall approve or reject the
254 sponsor’s denial of an application no later than 90 calendar
255 days after an appeal is filed in accordance with State Board of
256 Education rule. The State Board of Education shall remand the
257 application to the sponsor with its written decision that the
258 sponsor approve or deny the application. The sponsor shall
259 implement the decision of the State Board of Education. The
260 decision of the State Board of Education is not subject to the
261 Administrative Procedure Act, chapter 120.
262 (h) The terms and conditions for the operation of a charter
263 school shall be set forth by the sponsor and the applicant in a
264 written contractual agreement, called a charter. The sponsor may
265 not impose unreasonable rules or regulations that violate the
266 intent of giving charter schools greater flexibility to meet
267 educational goals. The sponsor has 30 days after approval of the
268 application to provide an initial proposed charter contract to
269 the charter school. The applicant and the sponsor have 40 days
270 thereafter to negotiate and notice the charter contract for
271 final approval by the sponsor unless both parties agree to an
272 extension. The proposed charter contract shall be provided to
273 the charter school at least 7 calendar days prior to the date of
274 the meeting at which the charter is scheduled to be voted upon
275 by the sponsor. The Department of Education shall provide
276 mediation services for any dispute regarding this section
277 subsequent to the approval of a charter application and for any
278 dispute relating to the approved charter, except disputes
279 regarding charter school application denials. If the
280 Commissioner of Education determines that the dispute cannot be
281 settled through mediation, the dispute may be appealed to an
282 administrative law judge appointed by the Division of
283 Administrative Hearings. The administrative law judge has final
284 order authority to rule on issues of equitable treatment of the
285 charter school as a public school, whether proposed provisions
286 of the charter violate the intended flexibility granted charter
287 schools by statute, or on any other matter regarding this
288 section except a charter school application denial, a charter
289 termination, or a charter nonrenewal and shall award the
290 prevailing party reasonable attorney’s fees and costs incurred
291 to be paid by the losing party. The costs of the administrative
292 hearing shall be paid by the party whom the administrative law
293 judge rules against.
294 (7) CHARTER.—The terms and conditions for the operation of
295 a charter school shall be set forth by the sponsor and the
296 applicant in a written contractual agreement, called a charter.
297 The sponsor and the governing board of the charter school shall
298 use the standard charter contract pursuant to subsection (21),
299 which shall incorporate the approved application and any addenda
300 approved with the application. The standard charter contract may
301 not be altered in any way. Any term or condition of a proposed
302 charter contract that differs from the standard charter contract
303 adopted by rule of the State Board of Education shall be
304 presumed a limitation on charter school flexibility. The sponsor
305 may not impose unreasonable rules or regulations that violate
306 the intent of giving charter schools greater flexibility to meet
307 educational goals The major issues involving the operation of a
308 charter school shall be considered in advance and written into
309 the charter. The charter shall be signed by the governing board
310 of the charter school and the sponsor, following a public
311 hearing to ensure community input.
312 (a) The charter shall address and criteria for approval of
313 the charter shall be based on:
314 1. The school’s mission, the students to be served, and the
315 ages and grades to be included.
316 2. The focus of the curriculum, the instructional methods
317 to be used, any distinctive instructional techniques to be
318 employed, and identification and acquisition of appropriate
319 technologies needed to improve educational and administrative
320 performance which include a means for promoting safe, ethical,
321 and appropriate uses of technology which comply with legal and
322 professional standards.
323 a. The charter shall ensure that reading is a primary focus
324 of the curriculum and that resources are provided to identify
325 and provide specialized instruction for students who are reading
326 below grade level. The curriculum and instructional strategies
327 for reading must be consistent with the Next Generation Sunshine
328 State Standards and grounded in scientifically based reading
329 research.
330 b. In order to provide students with access to diverse
331 instructional delivery models, to facilitate the integration of
332 technology within traditional classroom instruction, and to
333 provide students with the skills they need to compete in the
334 21st century economy, the Legislature encourages instructional
335 methods for blended learning courses consisting of both
336 traditional classroom and online instructional techniques.
337 Charter schools may implement blended learning courses which
338 combine traditional classroom instruction and virtual
339 instruction. Students in a blended learning course must be full-
340 time students of the charter school pursuant to s.
341 1011.61(1)(a)1. and receive the online instruction in a
342 classroom setting at the charter school. Instructional personnel
343 certified pursuant to s. 1012.55 who provide virtual instruction
344 for blended learning courses may be employees of the charter
345 school or may be under contract to provide instructional
346 services to charter school students. At a minimum, such
347 instructional personnel must hold an active state or school
348 district adjunct certification under s. 1012.57 for the subject
349 area of the blended learning course. The funding and performance
350 accountability requirements for blended learning courses are the
351 same as those for traditional courses.
352 3. The current incoming baseline standard of student
353 academic achievement, the outcomes to be achieved, and the
354 method of measurement that will be used. The criteria listed in
355 this subparagraph shall include a detailed description of:
356 a. How the baseline student academic achievement levels and
357 prior rates of academic progress will be established.
358 b. How these baseline rates will be compared to rates of
359 academic progress achieved by these same students while
360 attending the charter school.
361 c. To the extent possible, how these rates of progress will
362 be evaluated and compared with rates of progress of other
363 closely comparable student populations.
364
365 The district school board is required to provide academic
366 student performance data to charter schools for each of their
367 students coming from the district school system, as well as
368 rates of academic progress of comparable student populations in
369 the district school system.
370 4. The methods used to identify the educational strengths
371 and needs of students and how well educational goals and
372 performance standards are met by students attending the charter
373 school. The methods shall provide a means for the charter school
374 to ensure accountability to its constituents by analyzing
375 student performance data and by evaluating the effectiveness and
376 efficiency of its major educational programs. Students in
377 charter schools shall, at a minimum, participate in the
378 statewide assessment program created under s. 1008.22.
379 5. In secondary charter schools, a method for determining
380 that a student has satisfied the requirements for graduation in
381 s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
382 6. A method for resolving conflicts between the governing
383 board of the charter school and the sponsor.
384 7. The admissions procedures and dismissal procedures,
385 including the school’s code of student conduct. Admission or
386 dismissal must not be based on a student’s academic performance.
387 8. The ways by which the school will achieve a
388 racial/ethnic balance reflective of the community it serves or
389 within the racial/ethnic range of other public schools in the
390 same school district.
391 9. The financial and administrative management of the
392 school, including a reasonable demonstration of the professional
393 experience or competence of those individuals or organizations
394 applying to operate the charter school or those hired or
395 retained to perform such professional services and the
396 description of clearly delineated responsibilities and the
397 policies and practices needed to effectively manage the charter
398 school. A description of internal audit procedures and
399 establishment of controls to ensure that financial resources are
400 properly managed must be included. Both public sector and
401 private sector professional experience shall be equally valid in
402 such a consideration.
403 10. The asset and liability projections required in the
404 application which are incorporated into the charter and shall be
405 compared with information provided in the annual report of the
406 charter school.
407 11. A description of procedures that identify various risks
408 and provide for a comprehensive approach to reduce the impact of
409 losses; plans to ensure the safety and security of students and
410 staff; plans to identify, minimize, and protect others from
411 violent or disruptive student behavior; and the manner in which
412 the school will be insured, including whether or not the school
413 will be required to have liability insurance, and, if so, the
414 terms and conditions thereof and the amounts of coverage.
415 12. The term of the charter which shall provide for
416 cancellation of the charter if insufficient progress has been
417 made in attaining the student achievement objectives of the
418 charter and if it is not likely that such objectives can be
419 achieved before expiration of the charter. The initial term of a
420 charter shall be for 4 or 5 years. In order to facilitate access
421 to long-term financial resources for charter school
422 construction, charter schools that are operated by a
423 municipality or other public entity as provided by law are
424 eligible for up to a 15-year charter, subject to approval by the
425 district school board. A charter lab school is eligible for a
426 charter for a term of up to 15 years. In addition, to facilitate
427 access to long-term financial resources for charter school
428 construction, charter schools that are operated by a private,
429 not-for-profit, s. 501(c)(3) status corporation are eligible for
430 up to a 15-year charter, subject to approval by the district
431 school board. Such long-term charters remain subject to annual
432 review and may be terminated during the term of the charter, but
433 only according to the provisions set forth in subsection (8).
434 13. The facilities to be used and their location. The
435 sponsor may not require a charter school to have a certificate
436 of occupancy or a temporary certificate of occupancy for such a
437 facility earlier than 15 calendar days before the first day of
438 school.
439 14. The qualifications to be required of the teachers and
440 the potential strategies used to recruit, hire, train, and
441 retain qualified staff to achieve best value.
442 15. The governance structure of the school, including the
443 status of the charter school as a public or private employer as
444 required in paragraph (12)(i).
445 16. A timetable for implementing the charter which
446 addresses the implementation of each element thereof and the
447 date by which the charter shall be awarded in order to meet this
448 timetable.
449 17. In the case of an existing public school that is being
450 converted to charter status, alternative arrangements for
451 current students who choose not to attend the charter school and
452 for current teachers who choose not to teach in the charter
453 school after conversion in accordance with the existing
454 collective bargaining agreement or district school board rule in
455 the absence of a collective bargaining agreement. However,
456 alternative arrangements shall not be required for current
457 teachers who choose not to teach in a charter lab school, except
458 as authorized by the employment policies of the state university
459 which grants the charter to the lab school.
460 18. Full disclosure of the identity of all relatives
461 employed by the charter school who are related to the charter
462 school owner, president, chairperson of the governing board of
463 directors, superintendent, governing board member, principal,
464 assistant principal, or any other person employed by the charter
465 school who has equivalent decisionmaking authority. For the
466 purpose of this subparagraph, the term “relative” means father,
467 mother, son, daughter, brother, sister, uncle, aunt, first
468 cousin, nephew, niece, husband, wife, father-in-law, mother-in
469 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
470 stepfather, stepmother, stepson, stepdaughter, stepbrother,
471 stepsister, half brother, or half sister.
472 19. Implementation of the activities authorized under s.
473 1002.331 by the charter school when it satisfies the eligibility
474 requirements for a high-performing charter school. A high
475 performing charter school shall notify its sponsor in writing by
476 March 1 if it intends to increase enrollment or expand grade
477 levels the following school year. The written notice shall
478 specify the amount of the enrollment increase and the grade
479 levels that will be added, as applicable.
480 (b) The sponsor has 30 days after approval of the
481 application to provide an initial proposed charter contract to
482 the charter school. The applicant and the sponsor have 40 days
483 thereafter to negotiate and notice the charter contract for
484 final approval by the sponsor unless both parties agree to an
485 extension. The proposed charter contract shall be provided to
486 the charter school at least 7 calendar days before the date of
487 the meeting at which the charter is scheduled to be voted upon
488 by the sponsor. The Department of Education shall provide
489 mediation services for any dispute regarding this section
490 subsequent to the approval of a charter application and for any
491 dispute relating to the approved charter, except a dispute
492 regarding a charter school application denial. If the
493 Commissioner of Education determines that the dispute cannot be
494 settled through mediation, the dispute may be appealed to an
495 administrative law judge appointed by the Division of
496 Administrative Hearings. The administrative law judge has final
497 order authority to rule on issues of equitable treatment of the
498 charter school as a public school, whether proposed provisions
499 of the charter violate the intended flexibility granted charter
500 schools by statute, or any other matter regarding this section,
501 except a dispute regarding charter school application denial, a
502 charter termination, or a charter nonrenewal. The administrative
503 law judge shall award the prevailing party reasonable attorney
504 fees and costs incurred during the mediation process,
505 administrative proceeding, and any appeals, to be paid by the
506 party whom the administrative law judge rules against.
507 (c)(b)1. A charter may be renewed provided that a program
508 review demonstrates that the criteria in paragraph (a) have been
509 successfully accomplished and that none of the grounds for
510 nonrenewal established by paragraph (8)(a) has been documented.
511 In order to facilitate long-term financing for charter school
512 construction, charter schools operating for a minimum of 3 years
513 and demonstrating exemplary academic programming and fiscal
514 management are eligible for a 15-year charter renewal. Such
515 long-term charter is subject to annual review and may be
516 terminated during the term of the charter.
517 2. The 15-year charter renewal that may be granted pursuant
518 to subparagraph 1. shall be granted to a charter school that has
519 received a school grade of “A” or “B” pursuant to s. 1008.34 in
520 3 of the past 4 years and is not in a state of financial
521 emergency or deficit position as defined by this section. Such
522 long-term charter is subject to annual review and may be
523 terminated during the term of the charter pursuant to subsection
524 (8).
525 (d)(c) A charter may be modified during its initial term or
526 any renewal term upon the recommendation of the sponsor or the
527 charter school’s governing board and the approval of both
528 parties to the agreement. Modification may include, but is not
529 limited to, consolidation of multiple charters into a single
530 charter if the charters are operated under the same governing
531 board and physically located on the same campus, regardless of
532 the renewal cycle.
533 (e)(d) A charter may be terminated by a charter school’s
534 governing board through voluntary closure. The decision to cease
535 operations must be determined at a public meeting. The governing
536 board shall notify the parents and sponsor of the public meeting
537 in writing before the public meeting. The governing board must
538 notify the sponsor, parents of enrolled students, and the
539 department in writing within 24 hours after the public meeting
540 of its determination. The notice shall state the charter
541 school’s intent to continue operations or the reason for the
542 closure and acknowledge that the governing board agrees to
543 follow the procedures for dissolution and reversion of public
544 funds pursuant to paragraphs (8)(e)-(g) and (9)(o).
545 (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.—
546 (b) At least 90 days before prior to renewing, nonrenewing,
547 or terminating a charter, the sponsor shall notify the governing
548 board of the school of the proposed action in writing. The
549 notice shall state in reasonable detail the grounds for the
550 proposed action and stipulate that the school’s governing board
551 may, within 14 calendar days after receiving the notice, request
552 a hearing. The hearing shall be conducted at the sponsor’s
553 election in accordance with one of the following procedures:
554 1. A direct hearing conducted by the sponsor within 60 days
555 after receipt of the request for a hearing. The hearing shall be
556 conducted in accordance with ss. 120.569 and 120.57. The sponsor
557 shall decide upon nonrenewal or termination by a majority vote.
558 The sponsor’s decision shall be a final order; or
559 2. A hearing conducted by an administrative law judge
560 assigned by the Division of Administrative Hearings. The hearing
561 shall be conducted within 60 days after receipt of the request
562 for a hearing and in accordance with chapter 120. The
563 administrative law judge’s recommended order shall be submitted
564 to the sponsor. A majority vote by the sponsor shall be required
565 to adopt or modify the administrative law judge’s recommended
566 order. The sponsor shall issue a final order.
567 (12) EMPLOYEES OF CHARTER SCHOOLS.—
568 (h) For the purposes of tort liability, the charter school,
569 including its governing body and employees, of a charter school
570 shall be governed by s. 768.28.
571 (13) CHARTER SCHOOL COOPERATIVES.—Charter schools may enter
572 into cooperative agreements to form charter school cooperative
573 organizations that may provide the following services to further
574 educational, operational, and administrative initiatives in
575 which the participating charter schools share common interests:
576 charter school planning and development, direct instructional
577 services, and contracts with charter school governing boards to
578 provide personnel administrative services, payroll services,
579 human resource management, evaluation and assessment services,
580 teacher preparation, and professional development.
581 (17) FUNDING.—Students enrolled in a charter school,
582 regardless of the sponsorship, shall be funded as if they are in
583 a basic program or a special program, the same as students
584 enrolled in other public schools in the school district. Funding
585 for a charter lab school shall be as provided in s. 1002.32.
586 (b) The basis for the agreement for funding students
587 enrolled in a charter school shall be the sum of the school
588 district’s operating funds from the Florida Education Finance
589 Program as provided in s. 1011.62 and the General Appropriations
590 Act, including gross state and local funds, discretionary
591 lottery funds, and funds from the school district’s current
592 operating discretionary millage levy; divided by total funded
593 weighted full-time equivalent students in the school district;
594 multiplied by the weighted full-time equivalent students for the
595 charter school. Charter schools whose students or programs meet
596 the eligibility criteria in law are entitled to their
597 proportionate share of categorical program funds included in the
598 total funds available in the Florida Education Finance Program
599 by the Legislature, including transportation, the research-based
600 reading allocation, and the Florida digital classrooms
601 allocation. Total funding for each charter school shall be
602 recalculated during the year to reflect the revised calculations
603 under the Florida Education Finance Program by the state and the
604 actual weighted full-time equivalent students reported by the
605 charter school during the full-time equivalent student survey
606 periods designated by the Commissioner of Education. For charter
607 schools operated by a not-for-profit or municipal entity, any
608 unrestricted surplus or unrestricted net assets identified in
609 the charter school’s annual audit may be used for K-12
610 educational purposes for other charter schools in the state
611 operated by the not-for-profit or municipal entity. Surplus
612 operating funds shall be used in accordance with s. 1011.62, and
613 surplus capital outlay funds shall be used in accordance with s.
614 1013.62(2).
615 (c) If the district school board is providing programs or
616 services to students funded by federal funds, any eligible
617 students enrolled in charter schools in the school district
618 shall be provided federal funds for the same level of service
619 provided students in the schools operated by the district school
620 board. Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all
621 charter schools shall receive all federal funding for which the
622 school is otherwise eligible, including Title I funding, not
623 later than 5 months after the charter school first opens and
624 within 5 months after any subsequent expansion of enrollment.
625 Unless otherwise mutually agreed to by the charter school and
626 its sponsor, and consistent with state and federal rules and
627 regulations governing the use and disbursement of federal funds,
628 the sponsor shall reimburse the charter school on a monthly
629 basis for all invoices submitted by the charter school for
630 federal funds available to the sponsor for the benefit of the
631 charter school, the charter school’s students, and the charter
632 school’s students as public school students in the school
633 district. Such federal funds include, but are not limited to,
634 Title I, Title II, and Individuals with Disabilities Education
635 Act (IDEA) funds. To receive timely reimbursement for an
636 invoice, the charter school must submit the invoice to the
637 sponsor at least 30 days before the monthly date of
638 reimbursement set by the sponsor. In order to be reimbursed, any
639 expenditures made by the charter school must comply with all
640 applicable state rules and federal regulations, including, but
641 not limited to, the applicable federal Office of Management and
642 Budget Circulars; the federal Education Department General
643 Administrative Regulations; and program-specific statutes,
644 rules, and regulations. Such funds may not be made available to
645 the charter school until a plan is submitted to the sponsor for
646 approval of the use of the funds in accordance with applicable
647 federal requirements. The sponsor has 30 days to review and
648 approve any plan submitted pursuant to this paragraph.
649 (18) FACILITIES.—
650 (c) Any facility, or portion thereof, used to house a
651 charter school whose charter has been approved by the sponsor
652 and the governing board, pursuant to subsection (7), shall be
653 exempt from ad valorem taxes pursuant to s. 196.1983. Library,
654 community service, museum, performing arts, theatre, cinema,
655 church, Florida College System institution, college, and
656 university facilities may provide space to charter schools
657 within their facilities under their preexisting zoning and land
658 use designations without obtaining a special exception,
659 rezoning, a land use charter, or any other form of approval.
660 (20) SERVICES.—
661 (a)1. A sponsor shall provide certain administrative and
662 educational services to charter schools. These services shall
663 include contract management services; full-time equivalent and
664 data reporting services; exceptional student education
665 administration services; services related to eligibility and
666 reporting duties required to ensure that school lunch services
667 under the federal lunch program, consistent with the needs of
668 the charter school, are provided by the school district at the
669 request of the charter school, that any funds due to the charter
670 school under the federal lunch program be paid to the charter
671 school as soon as the charter school begins serving food under
672 the federal lunch program, and that the charter school is paid
673 at the same time and in the same manner under the federal lunch
674 program as other public schools serviced by the sponsor or the
675 school district; test administration services, including payment
676 of the costs of state-required or district-required student
677 assessments; processing of teacher certificate data services;
678 and information services, including equal access to student
679 information systems that are used by public schools in the
680 district in which the charter school is located. Student
681 performance data for each student in a charter school,
682 including, but not limited to, FCAT scores, standardized test
683 scores, previous public school student report cards, and student
684 performance measures, shall be provided by the sponsor to a
685 charter school in the same manner provided to other public
686 schools in the district.
687 2. A sponsor may withhold an administrative fee for the
688 provision of such services which shall be a percentage of the
689 available funds defined in paragraph (17)(b) calculated based on
690 weighted full-time equivalent students. If the charter school
691 serves 75 percent or more exceptional education students as
692 defined in s. 1003.01(3), the percentage shall be calculated
693 based on unweighted full-time equivalent students. The
694 administrative fee shall be calculated as follows:
695 a. Up to 5 percent for:
696 (I) Enrollment of up to and including 250 students in a
697 charter school as defined in this section.
698 (II) Enrollment of up to and including 500 students within
699 a charter school system which meets all of the following:
700 (A) Includes conversion charter schools and nonconversion
701 charter schools.
702 (B) Has all of its schools located in the same county.
703 (C) Has a total enrollment exceeding the total enrollment
704 of at least one school district in the state.
705 (D) Has the same governing board for all of its schools.
706 (E) Does not contract with a for-profit service provider
707 for management of school operations.
708 (III) Enrollment of up to and including 250 students in a
709 virtual charter school.
710 b. Up to 2 percent for enrollment of up to and including
711 250 students in a high-performing charter school as defined in
712 s. 1002.331.
713 3. A sponsor may not charge charter schools any additional
714 fees or surcharges for administrative and educational services
715 in addition to the maximum percentage of administrative fees
716 withheld pursuant to this paragraph A total administrative fee
717 for the provision of such services shall be calculated based
718 upon up to 5 percent of the available funds defined in paragraph
719 (17)(b) for all students, except that when 75 percent or more of
720 the students enrolled in the charter school are exceptional
721 students as defined in s. 1003.01(3), the 5 percent of those
722 available funds shall be calculated based on unweighted full
723 time equivalent students. However, a sponsor may only withhold
724 up to a 5-percent administrative fee for enrollment for up to
725 and including 250 students. For charter schools with a
726 population of 251 or more students, the difference between the
727 total administrative fee calculation and the amount of the
728 administrative fee withheld may only be used for capital outlay
729 purposes specified in s. 1013.62(3).
730 3. For high-performing charter schools, as defined in s.
731 1002.331, a sponsor may withhold a total administrative fee of
732 up to 2 percent for enrollment up to and including 250 students
733 per school.
734 4. In addition, a sponsor may withhold only up to a 5
735 percent administrative fee for enrollment for up to and
736 including 500 students within a system of charter schools which
737 meets all of the following:
738 a. Includes both conversion charter schools and
739 nonconversion charter schools;
740 b. Has all schools located in the same county;
741 c. Has a total enrollment exceeding the total enrollment of
742 at least one school district in the state;
743 d. Has the same governing board; and
744 e. Does not contract with a for-profit service provider for
745 management of school operations.
746 5. The difference between the total administrative fee
747 calculation and the amount of the administrative fee withheld
748 pursuant to subparagraph 4. may be used for instructional and
749 administrative purposes as well as for capital outlay purposes
750 specified in s. 1013.62(3).
751 6. For a high-performing charter school system that also
752 meets the requirements in subparagraph 4., a sponsor may
753 withhold a 2-percent administrative fee for enrollments up to
754 and including 500 students per system.
755 7. Sponsors shall not charge charter schools any additional
756 fees or surcharges for administrative and educational services
757 in addition to the maximum 5-percent administrative fee withheld
758 pursuant to this paragraph.
759 8. The sponsor of a virtual charter school may withhold a
760 fee of up to 5 percent. The funds shall be used to cover the
761 cost of services provided under subparagraph 1. and
762 implementation of the school district’s digital classrooms plan
763 pursuant to s. 1011.62.
764 (b) If goods and services are made available to the charter
765 school through the contract with the school district, they shall
766 be provided to the charter school at a rate no greater than the
767 district’s actual cost unless mutually agreed upon by the
768 charter school and the sponsor in a contract negotiated
769 separately from the charter. When mediation has failed to
770 resolve disputes over contracted services or contractual matters
771 not included in the charter, an appeal may be made for a dispute
772 resolution hearing before the Charter School Appeal Commission.
773 To maximize the use of state funds, school districts shall allow
774 charter schools to participate in the sponsor’s bulk purchasing
775 program if applicable.
776 (c) Transportation of charter school students shall be
777 provided by the charter school consistent with the requirements
778 of subpart I.E. of chapter 1006 and s. 1012.45. The governing
779 body of the charter school may provide transportation through an
780 agreement or contract with the district school board, a private
781 provider, or parents. The charter school and the sponsor shall
782 cooperate in making arrangements that ensure that transportation
783 is not a barrier to equal access for all students residing
784 within a reasonable distance of the charter school as determined
785 in its charter.
786 (d) Each charter school shall annually complete and submit
787 a survey, provided in a format specified by the Department of
788 Education, to rate the timeliness and quality of services
789 provided by the district in accordance with this section. The
790 department shall compile the results, by district, and include
791 the results in the report required under sub-sub-subparagraph
792 (5)(b)1.k.(III).
793 (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.—
794 (a) The Department of Education shall provide information
795 to the public, directly and through sponsors, on how to form and
796 operate a charter school and how to enroll in a charter school
797 once it is created. This information shall include the standard
798 a model application form, standard charter contract, standard
799 evaluation instrument, and standard charter renewal contract,
800 which shall include the information specified in subsection (7)
801 and shall be developed by consulting and negotiating with both
802 school districts and charter schools before implementation. The
803 charter and charter renewal contracts shall be used by charter
804 school sponsors.
805 (b)1. The Department of Education shall report to each
806 charter school receiving a school grade pursuant to s. 1008.34
807 or a school improvement rating pursuant to s. 1008.341 the
808 school’s student assessment data.
809 2. The charter school shall report the information in
810 subparagraph 1. to each parent of a student at the charter
811 school, the parent of a child on a waiting list for the charter
812 school, the district in which the charter school is located, and
813 the governing board of the charter school. This paragraph does
814 not abrogate the provisions of s. 1002.22, relating to student
815 records, or the requirements of 20 U.S.C. s. 1232g, the Family
816 Educational Rights and Privacy Act.
817 3.a. Pursuant to this paragraph, the Department of
818 Education shall compare the charter school student performance
819 data for each charter school in subparagraph 1. with the student
820 performance data in traditional public schools in the district
821 in which the charter school is located and other charter schools
822 in the state. For alternative charter schools, the department
823 shall compare the student performance data described in this
824 paragraph with all alternative schools in the state. The
825 comparative data shall be provided by the following grade
826 groupings:
827 (I) Grades 3 through 5;
828 (II) Grades 6 through 8; and
829 (III) Grades 9 through 11.
830 b. Each charter school shall provide the information
831 specified in this paragraph on its Internet website and also
832 provide notice to the public at large in a manner provided by
833 the rules of the State Board of Education. The State Board of
834 Education shall adopt rules to administer the notice
835 requirements of this subparagraph pursuant to ss. 120.536(1) and
836 120.54. The website shall include, through links or actual
837 content, other information related to school performance.
838 (25) LOCAL EDUCATIONAL AGENCY STATUS FOR CERTAIN CHARTER
839 SCHOOL SYSTEMS.—A charter school system’s governing board shall
840 be designated a local educational agency for the purpose of
841 receiving federal funds, the same as though the charter school
842 system were a school district, if the governing board of the
843 charter school system has adopted and filed a resolution with
844 its sponsoring district school board and the Department of
845 Education in which the governing board of the charter school
846 system accepts the full responsibility for all local education
847 agency requirements and the charter school system meets all of
848 the following:
849 (a) Includes both conversion charter schools and
850 nonconversion charter schools;
851 (a)(b) Has all schools located in the same county;
852 (b)(c) Has a total enrollment exceeding the total
853 enrollment of at least one school district in the state; and
854 (c)(d) Has the same governing board; and
855 (e) Does not contract with a for-profit service provider
856 for management of school operations.
857
858 Such designation does not apply to other provisions unless
859 specifically provided in law.
860 (28) RULEMAKING.—The Department of Education, after
861 consultation with school districts and charter school directors,
862 shall recommend that the State Board of Education adopt rules to
863 implement specific subsections of this section. Such rules shall
864 require minimum paperwork and shall not limit charter school
865 flexibility authorized by statute. The State Board of Education
866 shall adopt rules, pursuant to ss. 120.536(1) and 120.54, to
867 implement a standard charter model application form, standard
868 application form for the replication of charter schools in a
869 high-performing charter school system, standard evaluation
870 instrument, and standard charter and charter renewal contracts
871 in accordance with this section.
872 Section 2. Paragraph (b) of subsection (2) of section
873 1002.3305, Florida Statutes, is amended to read:
874 1002.3305 College-preparatory Boarding Academy Pilot
875 Program for at-risk students.—
876 (2) DEFINITIONS.—As used in this section, the term:
877 (b) “Eligible student” means a student who is a resident of
878 the state and entitled to attend school in a participating
879 school district, is at risk of academic failure, is currently
880 enrolled in grades 5-12, if it is determined by the operator
881 that a seat is available grade 5 or 6, is from a family whose
882 gross income is at or below 200 percent of the federal poverty
883 guidelines, is eligible for benefits or services funded by
884 Temporary Assistance for Needy Families (TANF) or Title IV-E of
885 the Social Security Act, and meets at least one of the following
886 additional risk factors:
887 1. The child is in foster care or has been declared an
888 adjudicated dependent by a court.
889 2. The student’s head of household is not the student’s
890 custodial parent.
891 3. The student resides in a household that receives a
892 housing voucher or has been determined eligible for public
893 housing assistance.
894 4. A member of the student’s immediate family has been
895 incarcerated.
896 5. The child is covered under the terms of the state’s
897 Child Welfare Waiver Demonstration project with the United
898 States Department of Health and Human Services.
899 Section 3. Subsection (3) of section 1002.331, Florida
900 Statutes, is amended to read:
901 1002.331 High-performing charter schools.—
902 (3)(a)1. A high-performing charter school may submit an
903 application pursuant to s. 1002.33(6) in any school district in
904 the state to establish and operate a new charter school that
905 will substantially replicate its educational program. An
906 application submitted by a high-performing charter school must
907 state that the application is being submitted pursuant to this
908 paragraph and must include the verification letter provided by
909 the Commissioner of Education pursuant to subsection (4).
910 2. If the sponsor fails to act on the application within 90
911 60 days after receipt, the application is deemed approved and
912 the procedure in s. 1002.33(7) 1002.33(6)(h) applies. If the
913 sponsor denies the application, the high-performing charter
914 school may appeal pursuant to s. 1002.33(6).
915 (b) A high-performing charter school may not establish more
916 than one charter school within the state under paragraph (a) in
917 any year. A subsequent application to establish a charter school
918 under paragraph (a) may not be submitted unless each charter
919 school established in this manner achieves high-performing
920 charter school status. However, a high-performing charter school
921 may establish more than one charter school within the state
922 under paragraph (a) in any year if it operates in the area of a
923 persistently low-performing school and serves students from that
924 school.
925 Section 4. Paragraph (b) of subsection (2) of section
926 1002.332, Florida Statutes is amended, and paragraph (c) is
927 added to that subsection, to read:
928 1002.332 High-performing charter school system.—
929 (2)(b) A high-performing charter school system may
930 replicate its high-performing charter schools in any school
931 district in the state. The applicant must submit an application
932 using the standard application form prepared by the Department
933 of Education which:
934 1. Contains goals and objectives for improving student
935 learning and a process for measuring student improvement. These
936 goals and objectives must indicate how much academic improvement
937 students are expected to demonstrate each year, how success will
938 be evaluated, and the specific results to be attained through
939 instruction.
940 2. Contains an annual financial plan for each year
941 requested by the charter for operation of the school for up to 5
942 years. This plan must contain anticipated fund balances based on
943 revenue projections, a spending plan based on projected revenue
944 and expenses, and a description of controls that will safeguard
945 finances and projected enrollment trends.
946 3. Discloses the name of each applicant, governing board
947 member, and all proposed education services providers; the name
948 and sponsor of any charter school operated by each applicant,
949 each governing board member, and each proposed education
950 services provider that has closed and the reasons for the
951 closure; and the academic and financial history of such charter
952 schools, which the sponsor shall consider when deciding whether
953 to approve or deny the application.
954 (c) An application submitted by a high-performing charter
955 school system must state that the application is being submitted
956 pursuant to this section and must include the verification
957 letter provided by the Commissioner of Education pursuant to
958 this subsection. If the sponsor fails to act on the application
959 within 90 days after receipt, the application is deemed approved
960 and the procedure in s. 1002.33(7) applies pursuant to s.
961 1002.331(3).
962 Section 5. Paragraph (d) of subsection (3) of section
963 1008.34, Florida Statutes, is amended to read:
964 1008.34 School grading system; school report cards;
965 district grade.—
966 (3) DESIGNATION OF SCHOOL GRADES.—
967 (d) The performance of students attending alternative
968 schools and students designated as hospital or homebound shall
969 be factored into a school grade as follows:
970 1. The student performance data for eligible students
971 attending alternative schools, including charter alternative
972 schools, that provide dropout prevention and academic
973 intervention services pursuant to s. 1003.53 shall be included
974 in the calculation of the home school’s grade. The term
975 “eligible students” in this subparagraph does not include
976 students attending an alternative school who are subject to
977 district school board policies for expulsion for repeated or
978 serious offenses, who are in dropout retrieval programs serving
979 students who have officially been designated as dropouts, or who
980 are in programs operated or contracted by the Department of
981 Juvenile Justice. As used in this subparagraph, the term “home
982 school” means the school to which the student would be assigned
983 if the student were not assigned to an alternative school. If an
984 alternative school chooses to be graded under this section,
985 student performance data for eligible students identified in
986 this subparagraph shall not be included in the home school’s
987 grade but shall be included only in the calculation of the
988 alternative school’s grade. A school district that fails to
989 assign statewide, standardized end-of-course assessment scores
990 of each of its students to his or her home school or to the
991 alternative school that receives a grade shall forfeit Florida
992 School Recognition Program funds for one fiscal year. School
993 districts must require collaboration between the home school and
994 the alternative school in order to promote student success. This
995 collaboration must include an annual discussion between the
996 principal of the alternative school and the principal of each
997 student’s home school concerning the most appropriate school
998 assignment of the student.
999 2. Student performance data for students designated as
1000 hospital or homebound shall be assigned to their home school for
1001 the purposes of school grades. As used in this subparagraph, the
1002 term “home school” means the school to which a student would be
1003 assigned if the student were not assigned to a hospital or
1004 homebound program.
1005 3. Student performance data for a high school student who
1006 transfers to a private school that has a contractual
1007 relationship with the school district shall be assigned to the
1008 school in which the student was last enrolled.
1009 Section 6. Subsection (3) of section 1008.341, Florida
1010 Statutes, is amended to read:
1011 1008.341 School improvement rating for alternative
1012 schools.—
1013 (3) DESIGNATION OF SCHOOL IMPROVEMENT RATING.—Student
1014 Learning Gains based on statewide, standardized assessments,
1015 including retakes, administered under s. 1008.22 for all
1016 eligible students who were assigned to and enrolled in the
1017 school during the October or February FTE count and who have
1018 assessment scores, concordant scores, or comparable scores for
1019 the preceding school year shall be used in determining an
1020 alternative school’s school improvement rating. An alternative
1021 school’s rating shall be based on the following components:
1022 (a) The percentage of eligible students who make Learning
1023 Gains in English Language Arts as measured by statewide,
1024 standardized assessments under s. 1008.22(3).
1025 (b) The percentage of eligible students who make Learning
1026 Gains in mathematics as measured by statewide, standardized
1027 assessments under s. 1008.22(3).
1028
1029 Student performance results of students who are subject to
1030 district school board policies for expulsion for repeated or
1031 serious offenses, who are in dropout retrieval programs serving
1032 students who have officially been designated as dropouts, or who
1033 are in programs operated or contracted by the Department of
1034 Juvenile Justice may not be included in an alternative school’s
1035 school improvement rating.
1036 Section 7. Paragraph (i) of subsection (1) of section
1037 1011.62, Florida Statutes, is amended to read:
1038 1011.62 Funds for operation of schools.—If the annual
1039 allocation from the Florida Education Finance Program to each
1040 district for operation of schools is not determined in the
1041 annual appropriations act or the substantive bill implementing
1042 the annual appropriations act, it shall be determined as
1043 follows:
1044 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
1045 OPERATION.—The following procedure shall be followed in
1046 determining the annual allocation to each district for
1047 operation:
1048 (i) Calculation of full-time equivalent membership with
1049 respect to dual enrollment instruction.—Students enrolled in
1050 dual enrollment instruction pursuant to s. 1007.271 may be
1051 included in calculations of full-time equivalent student
1052 memberships for basic programs for grades 9 through 12 by a
1053 district school board. Instructional time for dual enrollment
1054 may vary from 900 hours; however, the full-time equivalent
1055 student membership value shall be subject to the provisions in
1056 s. 1011.61(4). Dual enrollment full-time equivalent student
1057 membership shall be calculated in an amount equal to the hours
1058 of instruction that would be necessary to earn the full-time
1059 equivalent student membership for an equivalent course if it
1060 were taught in the school district. Students in dual enrollment
1061 courses may also be calculated as the proportional shares of
1062 full-time equivalent enrollments they generate for a Florida
1063 College System institution or university conducting the dual
1064 enrollment instruction. Early admission students shall be
1065 considered dual enrollments for funding purposes. Students may
1066 be enrolled in dual enrollment instruction provided by an
1067 eligible independent college or university and may be included
1068 in calculations of full-time equivalent student memberships for
1069 basic programs for grades 9 through 12 by a district school
1070 board. However, those provisions of law which exempt dual
1071 enrolled and early admission students from payment of
1072 instructional materials and tuition and fees, including
1073 laboratory fees, shall not apply to students who select the
1074 option of enrolling in an eligible independent institution. An
1075 independent college or university, which is located and
1076 chartered in Florida, is not for profit, is accredited by a
1077 regional or national accrediting agency recognized by the United
1078 States Department of Education the Commission on Colleges of the
1079 Southern Association of Colleges and Schools or the Accrediting
1080 Council for Independent Colleges and Schools, and confers
1081 degrees as defined in s. 1005.02 shall be eligible for inclusion
1082 in the dual enrollment or early admission program. Students
1083 enrolled in dual enrollment instruction shall be exempt from the
1084 payment of tuition and fees, including laboratory fees. No
1085 student enrolled in college credit mathematics or English dual
1086 enrollment instruction shall be funded as a dual enrollment
1087 unless the student has successfully completed the relevant
1088 section of the entry-level examination required pursuant to s.
1089 1008.30.
1090 Section 8. Subsection (2) of section 1011.71, Florida
1091 Statutes, is amended, and subsection (10) is added to that
1092 section, to read:
1093 1011.71 District school tax.—
1094 (2) In addition to the maximum millage levy as provided in
1095 subsection (1), each school board may levy not more than 1.5
1096 mills against the taxable value for school purposes for district
1097 schools and charter schools-in-a-municipality, including charter
1098 schools at the discretion of the school board, to fund:
1099 (a) New construction and remodeling projects, as set forth
1100 in s. 1013.64(3)(b) and (6)(b) and included in the district’s
1101 educational plant survey pursuant to s. 1013.31, without regard
1102 to prioritization, sites and site improvement or expansion to
1103 new sites, existing sites, auxiliary facilities, athletic
1104 facilities, or ancillary facilities.
1105 (b) Maintenance, renovation, and repair of existing school
1106 plants or of leased facilities to correct deficiencies pursuant
1107 to s. 1013.15(2).
1108 (c) The purchase, lease-purchase, or lease of school buses.
1109 (d) The purchase, lease-purchase, or lease of new and
1110 replacement equipment; computer hardware, including electronic
1111 hardware and other hardware devices necessary for gaining access
1112 to or enhancing the use of electronic content and resources or
1113 to facilitate the access to and the use of a school district’s
1114 digital classrooms plan pursuant to s. 1011.62, excluding
1115 software other than the operating system necessary to operate
1116 the hardware or device; and enterprise resource software
1117 applications that are classified as capital assets in accordance
1118 with definitions of the Governmental Accounting Standards Board,
1119 have a useful life of at least 5 years, and are used to support
1120 districtwide administration or state-mandated reporting
1121 requirements.
1122 (e) Payments for educational facilities and sites due under
1123 a lease-purchase agreement entered into by a district school
1124 board pursuant to s. 1003.02(1)(f) or s. 1013.15(2), not
1125 exceeding, in the aggregate, an amount equal to three-fourths of
1126 the proceeds from the millage levied by a district school board
1127 pursuant to this subsection. The three-fourths limit is waived
1128 for lease-purchase agreements entered into before June 30, 2009,
1129 by a district school board pursuant to this paragraph.
1130 (f) Payment of loans approved pursuant to ss. 1011.14 and
1131 1011.15.
1132 (g) Payment of costs directly related to complying with
1133 state and federal environmental statutes, rules, and regulations
1134 governing school facilities.
1135 (h) Payment of costs of leasing relocatable educational
1136 facilities, of renting or leasing educational facilities and
1137 sites pursuant to s. 1013.15(2), or of renting or leasing
1138 buildings or space within existing buildings pursuant to s.
1139 1013.15(4).
1140 (i) Payment of the cost of school buses when a school
1141 district contracts with a private entity to provide student
1142 transportation services if the district meets the requirements
1143 of this paragraph.
1144 1. The district’s contract must require that the private
1145 entity purchase, lease-purchase, or lease, and operate and
1146 maintain, one or more school buses of a specific type and size
1147 that meet the requirements of s. 1006.25.
1148 2. Each such school bus must be used for the daily
1149 transportation of public school students in the manner required
1150 by the school district.
1151 3. Annual payment for each such school bus may not exceed
1152 10 percent of the purchase price of the state pool bid.
1153 4. The proposed expenditure of the funds for this purpose
1154 must have been included in the district school board’s notice of
1155 proposed tax for school capital outlay as provided in s.
1156 200.065(10).
1157 (j) Payment of the cost of the opening day collection for
1158 the library media center of a new school.
1159 (10) A school board that levies the discretionary millage
1160 authorized in subsection (2) shall use the following methodology
1161 to determine the amount of revenue that must be shared with a
1162 charter school-in-a-municipality:
1163 (a) Reduce the total discretionary millage revenue by the
1164 school district’s annual debt service obligation incurred as of
1165 March 1, 2017.
1166 (b) Divide the sum of the school district’s adjusted
1167 discretionary millage revenue by the school district’s total
1168 capital outlay full-time equivalent membership and the total
1169 number of unweighted full-time equivalent students of each
1170 eligible charter school-in-a-municipality to determine a capital
1171 outlay allocation per full-time equivalent student.
1172 (c) Multiply the capital outlay allocation per full-time
1173 equivalent student by the total number of full-time equivalent
1174 students of each eligible charter school-in-a-municipality to
1175 determine the capital outlay allocation for each charter school
1176 in-a-municipality.
1177 (d) If applicable, adjust the capital outlay allocation
1178 identified in paragraph (c) by the total amount of state funds
1179 allocated to each eligible charter school-in-a-municipality in
1180 s. 1013.62(2) to determine the maximum calculated capital outlay
1181 allocation.
1182
1183 The school district shall distribute capital outlay funds to
1184 charter schools-in-a-municipality no later than February 1 of
1185 each year, beginning on February 1, 2018, for the 2017-2018
1186 fiscal year.
1187 Section 9. Paragraph (a) of subsection (1) of section
1188 1013.62, Florida Statutes, is amended to read:
1189 1013.62 Charter schools capital outlay funding.—
1190 (1) In each year in which funds are appropriated for
1191 charter school capital outlay purposes, the Commissioner of
1192 Education shall allocate the funds among eligible charter
1193 schools as specified in this section.
1194 (a) To be eligible for a funding allocation, a charter
1195 school must:
1196 1.a. Have been in operation for 2 or more years;
1197 b. Be governed by a governing board established in the
1198 state for 3 or more years which operates both charter schools
1199 and conversion charter schools within the state;
1200 c. Be an expanded feeder chain of a charter school within
1201 the same school district that is currently receiving charter
1202 school capital outlay funds;
1203 d. Have been accredited by the Commission on Schools of the
1204 Southern Association of Colleges and Schools; or
1205 e. Serve students in facilities that are provided by a
1206 business partner for a charter school-in-the-workplace pursuant
1207 to s. 1002.33(15)(b).
1208 2. Have an annual audit that does not reveal any of the
1209 financial emergency conditions provided in s. 218.503(1) for the
1210 most recent fiscal year for which such audit results are
1211 available.
1212 3. Have satisfactory student achievement based on state
1213 accountability standards applicable to the charter school.
1214 3.4. Have received final approval from its sponsor pursuant
1215 to s. 1002.33 for operation during that fiscal year.
1216 4.5. Serve students in facilities that are not provided by
1217 the charter school’s sponsor.
1218 Section 10. This act shall take effect July 1, 2017.
1219
1220 ================= T I T L E A M E N D M E N T ================
1221 And the title is amended as follows:
1222 Delete everything before the enacting clause
1223 and insert:
1224 A bill to be entitled
1225 An act relating to K-12 education; amending s.
1226 1002.33, F.S.; revising the charter school application
1227 process; revising the appeals process for a denied
1228 charter school application; requiring the use of the
1229 standard contract by specified entities; revising
1230 eligibility requirements for charter school students
1231 enrolled in blended learning courses; clarifying
1232 provisions relating to charter schools and tort
1233 liability; revising the purpose of charter school
1234 cooperatives; authorizing the use of unrestricted net
1235 assets and unrestricted surplus for specified charter
1236 schools; requiring such funds to be used in accordance
1237 with specified provisions; revising the public
1238 information disclosures of charter schools;
1239 authorizing certain entities to share facilities with
1240 charter schools without additional approval; revising
1241 the administrative fees that a district may withhold
1242 from charter schools; requiring charter schools to
1243 complete and submit an annual survey; deleting a
1244 requirement that the Department of Education compare
1245 certain data; revising eligibility criteria for
1246 designated local educational agency status; amending
1247 1002.3305, F.S.; revising the definition for the term
1248 “eligible student” for purposes of the College
1249 preparatory Boarding Academy Pilot Program; amending
1250 s. 1002.331, F.S.; conforming provisions to changes
1251 made by the act; authorizing a high-performing charter
1252 school to establish more than one charter school in
1253 any year under certain circumstances; amending s.
1254 1002.332, F.S.; authorizing a high-performing charter
1255 school system to replicate its schools in any school
1256 district and providing application requirements
1257 therefor; amending s. 1008.34, F.S.; revising the
1258 student performance data to be included in school
1259 grades; amending s. 1008.341, F.S.; including
1260 concordant scores in the calculation of an alternative
1261 school’s school improvement rating; amending s.
1262 1011.62, F.S.; revising eligibility criteria for
1263 postsecondary institutions to participate in the dual
1264 enrollment and early admission programs; amending s.
1265 1011.71, F.S.; requiring district schools to share
1266 discretionary millage with charter schools-in-a
1267 municipality and providing a distribution methodology
1268 therefor; amending s. 1013.62, F.S.; revising
1269 eligibility criteria for charter schools to receive
1270 charter school capital outlay funding; providing an
1271 effective date.