Florida Senate - 2017                                    SB 1362
       By Senator Broxson
       1-00608-17                                            20171362__
    1                        A bill to be entitled                      
    2         An act relating to K-12 education; amending s.
    3         1002.33, F.S.; removing a requirement that the
    4         Department of Education compare certain charter school
    5         student performance data to certain traditional public
    6         schools; removing notice requirements relating to such
    7         charter school performance data; removing a
    8         requirement that the State Board of Education adopt
    9         rules to administer such notice requirements; creating
   10         s. 1002.333, F.S.; defining terms; authorizing certain
   11         entities to apply to the State Board of Education for
   12         designation as a High-Impact Charter Network;
   13         requiring the state board to adopt rules; providing
   14         criteria for an initial and renewal designation;
   15         providing the period during which an initial
   16         designation is valid; authorizing entities designated
   17         as High-Impact Charter Networks to establish and
   18         operate charter schools under certain circumstances;
   19         authorizing entities with the designation to submit an
   20         application to establish and operate charter schools;
   21         providing that charter schools operated by designated
   22         entities are eligible to receive charter school
   23         capital outlay; requiring the department to give
   24         priority to certain charter schools applying for
   25         specified grants; requiring the governing board of an
   26         entity designated as a High-Impact Charter Network to
   27         be considered a local educational agency for receiving
   28         federal funds, under certain conditions; providing for
   29         rulemaking; amending s. 1007.35, F.S.; revising the
   30         exams each public high school is required to
   31         administer to all enrolled 10th grade students to
   32         include the preliminary ACT, rather than the ACT
   33         Aspire; amending s. 1008.34, F.S.; clarifying
   34         accountability requirements for collocated schools;
   35         providing an effective date.
   37  Be It Enacted by the Legislature of the State of Florida:
   39         Section 1. Paragraph (b) of subsection (21) of section
   40  1002.33, Florida Statutes, is amended to read:
   41         1002.33 Charter schools.—
   43         (b)1. The Department of Education shall report to each
   44  charter school receiving a school grade pursuant to s. 1008.34
   45  or a school improvement rating pursuant to s. 1008.341 the
   46  school’s student assessment data.
   47         2. The charter school shall report the information in
   48  subparagraph 1. to each parent of a student at the charter
   49  school, the parent of a child on a waiting list for the charter
   50  school, the district in which the charter school is located, and
   51  the governing board of the charter school. This paragraph does
   52  not abrogate the provisions of s. 1002.22, relating to student
   53  records, or the requirements of 20 U.S.C. s. 1232g, the Family
   54  Educational Rights and Privacy Act.
   55         3.a. Pursuant to this paragraph, the Department of
   56  Education shall compare the charter school student performance
   57  data for each charter school in subparagraph 1. with the student
   58  performance data in traditional public schools in the district
   59  in which the charter school is located and other charter schools
   60  in the state. For alternative charter schools, the department
   61  shall compare the student performance data described in this
   62  paragraph with all alternative schools in the state. The
   63  comparative data shall be provided by the following grade
   64  groupings:
   65         (I) Grades 3 through 5;
   66         (II) Grades 6 through 8; and
   67         (III) Grades 9 through 11.
   68         b. Each charter school shall provide the information
   69  specified in this paragraph on its Internet website and also
   70  provide notice to the public at large in a manner provided by
   71  the rules of the State Board of Education. The State Board of
   72  Education shall adopt rules to administer the notice
   73  requirements of this subparagraph pursuant to ss. 120.536(1) and
   74  120.54. The website shall include, through links or actual
   75  content, other information related to school performance.
   76         Section 2. Section 1002.333, Florida Statutes, is created
   77  to read:
   78         1002.333 High-Impact Charter Network.—
   79         (1) As used in this section, the term:
   80         (a) “Critical need area” means an area that is served by
   81  one or more nonalternative, traditional public schools that
   82  received a school grade of “D” or “F” pursuant to s. 1008.34 in
   83  4 of the last 5 years or whose school district is required to
   84  implement a turnaround option pursuant to s. 1008.33(4)(b).
   85         (b) “Entity” means a nonprofit organization with tax-exempt
   86  status under s. 501(c)(3) of the Internal Revenue Code which is
   87  authorized by law to operate a public charter school.
   88         (2) An entity that successfully operates a system of
   89  charter schools which primarily serves educationally
   90  disadvantaged students who are eligible for free or reduced
   91  price school lunches under the National School Lunch Act may
   92  apply to the State Board of Education for designation as a High
   93  Impact Charter Network. The state board shall adopt rules
   94  prescribing a review process for determining whether the entity
   95  meets the requirements for the designation as a High-Impact
   96  Charter Network under this section. The review process:
   97         (a) Must include student demographic information and a
   98  review of all schools currently and previously operated by the
   99  entity, including school-level financial performances and
  100  schoolwide and subgroup performance on all statewide assessments
  101  for the most recent 3 years as compared to all students in other
  102  schools at the same grade level and as compared with other
  103  schools serving similar demographics of students.
  104         (b) May include student performance on nationally norm
  105  referenced tests, attendance and retention rates, graduation
  106  rates, college attendance rates, college persistence rates, and
  107  other outcome measures as determined by the state board.
  108         (3) The initial High-Impact Charter Network status
  109  designation is valid for up to 4 years. If an entity seeks
  110  status renewal, the state board shall review the academic and
  111  financial performance of the charter schools established in
  112  critical need areas consistent with the process described in
  113  subsection (2).
  114         (4) An entity that is designated as a High-Impact Charter
  115  Network pursuant to this section may submit an application to a
  116  district school board pursuant to s. 1002.33 to establish and
  117  operate charter schools in critical need areas or, under s.
  118  1008.33(4)(b)3., charter schools as turnaround options for
  119  schools that earn a grade of “F” in the school district.
  120  Notwithstanding s. 1013.62(1)(a), a charter school operated by a
  121  High-Impact Charter Network in a critical need area is eligible
  122  to receive charter school capital outlay.
  123         (5) The department shall give priority to charter schools
  124  operated by a High-Impact Charter Network in the department’s
  125  Florida Public Charter Schools Grant Program competitions. Such
  126  priority treatment may be provided only for a new charter school
  127  that will operate in a critical need area.
  128         (6) Notwithstanding the criteria in s. 1002.33(25), the
  129  governing board of an entity designated as a High-Impact Charter
  130  Network shall be designated as a local educational agency for
  131  the purposes of receiving federal funds if the governing board
  132  has adopted and filed a resolution with its sponsoring district
  133  school board and the department. The resolution must contain
  134  provisions indicating that the governing board accepts the full
  135  responsibility for all local educational agency requirements and
  136  that the charter schools for which the governing board will
  137  perform local education agency responsibilities are all located
  138  in the same county.
  139         (7) The State Board of Education shall adopt rules to
  140  administer this section.
  141         Section 3. Subsection (5), paragraph (j) of subsection (6),
  142  and paragraph (a) of subsection (8) of section 1007.35, Florida
  143  Statutes, are amended to read:
  144         1007.35 Florida Partnership for Minority and
  145  Underrepresented Student Achievement.—
  146         (5) Each public high school, including, but not limited to,
  147  schools and alternative sites and centers of the Department of
  148  Juvenile Justice, shall provide for the administration of the
  149  Preliminary SAT/National Merit Scholarship Qualifying Test
  150  (PSAT/NMSQT), or the preliminary ACT Aspire to all enrolled 10th
  151  grade students. However, a written notice shall be provided to
  152  each parent which must that shall include the opportunity to
  153  exempt his or her child from taking the PSAT/NMSQT or the
  154  preliminary ACT Aspire.
  155         (a) Test results will provide each high school with a
  156  database of student assessment data which certified school
  157  counselors will use to identify students who are prepared or who
  158  need additional work to be prepared to enroll and be successful
  159  in AP courses or other advanced high school courses.
  160         (b) Funding for the PSAT/NMSQT or the preliminary ACT
  161  Aspire for all 10th grade students shall be contingent upon
  162  annual funding in the General Appropriations Act.
  163         (c) Public school districts must choose either the
  164  PSAT/NMSQT or the preliminary ACT Aspire for districtwide
  165  administration.
  166         (6) The partnership shall:
  167         (j) Provide information to students, parents, teachers,
  168  counselors, administrators, districts, Florida College System
  169  institutions, and state universities regarding PSAT/NMSQT or the
  170  preliminary ACT Aspire administration, including, but not
  171  limited to:
  172         1. Test administration dates and times.
  173         2. That participation in the PSAT/NMSQT or the preliminary
  174  ACT Aspire is open to all 10th grade students.
  175         3. The value of such tests in providing diagnostic feedback
  176  on student skills.
  177         4. The value of student scores in predicting the
  178  probability of success on AP or other advanced course
  179  examinations.
  180         (8)(a) By September 30 of each year, the partnership shall
  181  submit to the department a report that contains an evaluation of
  182  the effectiveness of the delivered services and activities.
  183  Activities and services must be evaluated on their effectiveness
  184  at raising student achievement and increasing the number of AP
  185  or other advanced course examinations in low-performing middle
  186  and high schools. Other indicators that must be addressed in the
  187  evaluation report include the number of middle and high school
  188  teachers trained; the effectiveness of the training; measures of
  189  postsecondary readiness of the students affected by the program;
  190  levels of participation in 10th grade PSAT/NMSQT or the
  191  preliminary ACT Aspire testing; and measures of student, parent,
  192  and teacher awareness of and satisfaction with the services of
  193  the partnership.
  194         Section 4. Paragraph (a) of subsection (3) of section
  195  1008.34, Florida Statutes, is amended to read:
  196         1008.34 School grading system; school report cards;
  197  district grade.—
  199         (a) Each school must assess at least 95 percent of its
  200  eligible students, except as provided under s. 1008.341 for
  201  alternative schools. Each school shall receive a school grade
  202  based on the school’s performance on the components listed in
  203  subparagraphs (b)1. and 2. If a school does not have at least 10
  204  students with complete data for one or more of the components
  205  listed in subparagraphs (b)1. and 2., those components may not
  206  be used in calculating the school’s grade.
  207         1. An alternative school may choose to receive a school
  208  grade under this section or a school improvement rating under s.
  209  1008.341. For charter schools that meet the definition of an
  210  alternative school pursuant to State Board of Education rule,
  211  the decision to receive a school grade is the decision of the
  212  charter school governing board.
  213         2. A school that serves any combination of students in
  214  kindergarten through grade 3 that does not receive a school
  215  grade because its students are not tested and included in the
  216  school grading system shall receive the school grade designation
  217  of a K-3 feeder pattern school identified by the Department of
  218  Education and verified by the school district. A school feeder
  219  pattern exists if at least 60 percent of the students in the
  220  school serving a combination of students in kindergarten through
  221  grade 3 are scheduled to be assigned to the graded school.
  222         3. If a collocated school does not earn a school grade or
  223  school improvement rating for the performance of its students,
  224  the student performance data of all schools operating at the
  225  same facility must be aggregated to develop a school grade, or a
  226  school improvement rating if all schools at the site are
  227  eligible for a school improvement rating and do not elect to be
  228  graded, which that will be assigned to all schools at that
  229  location. A collocated school is a school that has its own
  230  unique master school identification number, provides for the
  231  education of each of its enrolled students, and operates at the
  232  same facility as another school that has its own unique master
  233  school identification number and provides for the education of
  234  each of its enrolled students.
  235         Section 5. This act shall take effect July 1, 2017.