Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for HB 7055
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Appropriations (Stargel) recommended the
    1         Senate Amendment to Amendment (240726) (with title
    2  amendment)
    4         Delete lines 224 - 340
    5  and insert:
    6         Section 8. Paragraphs (d) through (g) of subsection (8) of
    7  section 1002.33, Florida Statutes, are redesignated as
    8  paragraphs (c) through (f), respectively, and paragraph (b) of
    9  subsection (6), paragraphs (a), (d), and (e) of subsection (7),
   10  present paragraphs (a), (b), and (c) of subsection (8),
   11  paragraph (n) of subsection (9), and paragraph (b) of subsection
   12  (20) of that section are amended, to read:
   13         1002.33 Charter schools.—
   14         (6) APPLICATION PROCESS AND REVIEW.—Charter school
   15  applications are subject to the following requirements:
   16         (b) A sponsor shall receive and review all applications for
   17  a charter school using the evaluation instrument developed by
   18  the Department of Education. A sponsor shall receive and
   19  consider charter school applications received on or before
   20  August 1 of each calendar year for charter schools to be opened
   21  at the beginning of the school district’s next school year, or
   22  to be opened at a time agreed to by the applicant and the
   23  sponsor. A sponsor may not refuse to receive a charter school
   24  application submitted before August 1 and may receive an
   25  application submitted later than August 1 if it chooses.
   26  Beginning in 2018 and thereafter, a sponsor shall receive and
   27  consider charter school applications received on or before
   28  February 1 of each calendar year for charter schools to be
   29  opened 18 months later at the beginning of the school district’s
   30  school year, or to be opened at a time agreed to by the
   31  applicant and the sponsor. A sponsor may not refuse to receive a
   32  charter school application submitted before February 1 and may
   33  receive an application submitted later than February 1 if it
   34  chooses. A sponsor may not charge an applicant for a charter any
   35  fee for the processing or consideration of an application, and a
   36  sponsor may not base its consideration or approval of a final
   37  application upon the promise of future payment of any kind.
   38  Before approving or denying any application, the sponsor shall
   39  allow the applicant, upon receipt of written notification, at
   40  least 7 calendar days to make technical or nonsubstantive
   41  corrections and clarifications, including, but not limited to,
   42  corrections of grammatical, typographical, and like errors or
   43  missing signatures, if such errors are identified by the sponsor
   44  as cause to deny the final application.
   45         1. In order to facilitate an accurate budget projection
   46  process, a sponsor shall be held harmless for FTE students who
   47  are not included in the FTE projection due to approval of
   48  charter school applications after the FTE projection deadline.
   49  In a further effort to facilitate an accurate budget projection,
   50  within 15 calendar days after receipt of a charter school
   51  application, a sponsor shall report to the Department of
   52  Education the name of the applicant entity, the proposed charter
   53  school location, and its projected FTE.
   54         2. In order to ensure fiscal responsibility, an application
   55  for a charter school shall include a full accounting of expected
   56  assets, a projection of expected sources and amounts of income,
   57  including income derived from projected student enrollments and
   58  from community support, and an expense projection that includes
   59  full accounting of the costs of operation, including start-up
   60  costs.
   61         3.a. A sponsor shall by a majority vote approve or deny an
   62  application no later than 90 calendar days after the application
   63  is received, unless the sponsor and the applicant mutually agree
   64  in writing to temporarily postpone the vote to a specific date,
   65  at which time the sponsor shall by a majority vote approve or
   66  deny the application. If the sponsor fails to act on the
   67  application, an applicant may appeal to the State Board of
   68  Education as provided in paragraph (c). If an application is
   69  denied, the sponsor shall, within 10 calendar days after such
   70  denial, articulate in writing the specific reasons, based upon
   71  good cause, supporting its denial of the application and shall
   72  provide the letter of denial and supporting documentation to the
   73  applicant and to the Department of Education.
   74         b. An application submitted by a high-performing charter
   75  school identified pursuant to s. 1002.331 or a high-performing
   76  charter school system identified pursuant to s. 1002.332 may be
   77  denied by the sponsor only if the sponsor demonstrates by clear
   78  and convincing evidence that:
   79         (I) The application of a high-performing charter school
   80  does not materially comply with the requirements in paragraph
   81  (a) or, for a high-performing charter school system, the
   82  application does not materially comply with s. 1002.332(2)(b);
   83         (II) The charter school proposed in the application does
   84  not materially comply with the requirements in paragraphs
   85  (9)(a)-(f);
   86         (III) The proposed charter school’s educational program
   87  does not substantially replicate that of the applicant or one of
   88  the applicant’s high-performing charter schools;
   89         (IV) The applicant has made a material misrepresentation or
   90  false statement or concealed an essential or material fact
   91  during the application process; or
   92         (V) The proposed charter school’s educational program and
   93  financial management practices do not materially comply with the
   94  requirements of this section.
   96  Material noncompliance is a failure to follow requirements or a
   97  violation of prohibitions applicable to charter school
   98  applications, which failure is quantitatively or qualitatively
   99  significant either individually or when aggregated with other
  100  noncompliance. An applicant is considered to be replicating a
  101  high-performing charter school if the proposed school is
  102  substantially similar to at least one of the applicant’s high
  103  performing charter schools and the organization or individuals
  104  involved in the establishment and operation of the proposed
  105  school are significantly involved in the operation of replicated
  106  schools.
  107         c. If the sponsor denies an application submitted by a
  108  high-performing charter school or a high-performing charter
  109  school system, the sponsor must, within 10 calendar days after
  110  such denial, state in writing the specific reasons, based upon
  111  the criteria in sub-subparagraph b., supporting its denial of
  112  the application and must provide the letter of denial and
  113  supporting documentation to the applicant and to the Department
  114  of Education. The applicant may appeal the sponsor’s denial of
  115  the application in accordance with paragraph (c).
  116         4. For budget projection purposes, the sponsor shall report
  117  to the Department of Education the approval or denial of an
  118  application within 10 calendar days after such approval or
  119  denial. In the event of approval, the report to the Department
  120  of Education shall include the final projected FTE for the
  121  approved charter school.
  122         5. Upon approval of an application, the initial startup
  123  shall commence with the beginning of the public school calendar
  124  for the district in which the charter is granted. A charter
  125  school may defer the opening of the school’s operations for up
  126  to 3 2 years to provide time for adequate facility planning. The
  127  charter school must provide written notice of such intent to the
  128  sponsor and the parents of enrolled students at least 30
  129  calendar days before the first day of school.
  130         (7) CHARTER.—The terms and conditions for the operation of
  131  a charter school shall be set forth by the sponsor and the
  132  applicant in a written contractual agreement, called a charter.
  133  The sponsor and the governing board of the charter school shall
  134  use the standard charter contract pursuant to subsection (21),
  135  which shall incorporate the approved application and any addenda
  136  approved with the application. Any term or condition of a
  137  proposed charter contract that differs from the standard charter
  138  contract adopted by rule of the State Board of Education shall
  139  be presumed a limitation on charter school flexibility. The
  140  sponsor may not impose unreasonable rules or regulations that
  141  violate the intent of giving charter schools greater flexibility
  142  to meet educational goals. The charter shall be signed by the
  143  governing board of the charter school and the sponsor, following
  144  a public hearing to ensure community input.
  145         (a) The charter shall address and criteria for approval of
  146  the charter shall be based on:
  147         1. The school’s mission, the students to be served, and the
  148  ages and grades to be included.
  149         2. The focus of the curriculum, the instructional methods
  150  to be used, any distinctive instructional techniques to be
  151  employed, and identification and acquisition of appropriate
  152  technologies needed to improve educational and administrative
  153  performance which include a means for promoting safe, ethical,
  154  and appropriate uses of technology which comply with legal and
  155  professional standards.
  156         a. The charter shall ensure that reading is a primary focus
  157  of the curriculum and that resources are provided to identify
  158  and provide specialized instruction for students who are reading
  159  below grade level. The curriculum and instructional strategies
  160  for reading must be consistent with the Next Generation Sunshine
  161  State Standards and grounded in scientifically based reading
  162  research.
  163         b. In order to provide students with access to diverse
  164  instructional delivery models, to facilitate the integration of
  165  technology within traditional classroom instruction, and to
  166  provide students with the skills they need to compete in the
  167  21st century economy, the Legislature encourages instructional
  168  methods for blended learning courses consisting of both
  169  traditional classroom and online instructional techniques.
  170  Charter schools may implement blended learning courses which
  171  combine traditional classroom instruction and virtual
  172  instruction. Students in a blended learning course must be full-
  173  time students of the charter school pursuant to s.
  174  1011.61(1)(a)1. Instructional personnel certified pursuant to s.
  175  1012.55 who provide virtual instruction for blended learning
  176  courses may be employees of the charter school or may be under
  177  contract to provide instructional services to charter school
  178  students. At a minimum, such instructional personnel must hold
  179  an active state or school district adjunct certification under
  180  s. 1012.57 for the subject area of the blended learning course.
  181  The funding and performance accountability requirements for
  182  blended learning courses are the same as those for traditional
  183  courses.
  184         3. The current incoming baseline standard of student
  185  academic achievement, the outcomes to be achieved, and the
  186  method of measurement that will be used. The criteria listed in
  187  this subparagraph shall include a detailed description of:
  188         a. How the baseline student academic achievement levels and
  189  prior rates of academic progress will be established.
  190         b. How these baseline rates will be compared to rates of
  191  academic progress achieved by these same students while
  192  attending the charter school.
  193         c. To the extent possible, how these rates of progress will
  194  be evaluated and compared with rates of progress of other
  195  closely comparable student populations.
  197  The district school board is required to provide academic
  198  student performance data to charter schools for each of their
  199  students coming from the district school system, as well as
  200  rates of academic progress of comparable student populations in
  201  the district school system.
  202         4. The methods used to identify the educational strengths
  203  and needs of students and how well educational goals and
  204  performance standards are met by students attending the charter
  205  school. The methods shall provide a means for the charter school
  206  to ensure accountability to its constituents by analyzing
  207  student performance data and by evaluating the effectiveness and
  208  efficiency of its major educational programs. Students in
  209  charter schools shall, at a minimum, participate in the
  210  statewide assessment program created under s. 1008.22.
  211         5. In secondary charter schools, a method for determining
  212  that a student has satisfied the requirements for graduation in
  213  s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
  214         6. A method for resolving conflicts between the governing
  215  board of the charter school and the sponsor.
  216         7. The admissions procedures and dismissal procedures,
  217  including the school’s code of student conduct. Admission or
  218  dismissal must not be based on a student’s academic performance.
  219         8. The ways by which the school will achieve a
  220  racial/ethnic balance reflective of the community it serves or
  221  within the racial/ethnic range of other public schools in the
  222  same school district.
  223         9. The financial and administrative management of the
  224  school, including a reasonable demonstration of the professional
  225  experience or competence of those individuals or organizations
  226  applying to operate the charter school or those hired or
  227  retained to perform such professional services and the
  228  description of clearly delineated responsibilities and the
  229  policies and practices needed to effectively manage the charter
  230  school. A description of internal audit procedures and
  231  establishment of controls to ensure that financial resources are
  232  properly managed must be included. Both public sector and
  233  private sector professional experience shall be equally valid in
  234  such a consideration.
  235         10. The asset and liability projections required in the
  236  application which are incorporated into the charter and shall be
  237  compared with information provided in the annual report of the
  238  charter school.
  239         11. A description of procedures that identify various risks
  240  and provide for a comprehensive approach to reduce the impact of
  241  losses; plans to ensure the safety and security of students and
  242  staff; plans to identify, minimize, and protect others from
  243  violent or disruptive student behavior; and the manner in which
  244  the school will be insured, including whether or not the school
  245  will be required to have liability insurance, and, if so, the
  246  terms and conditions thereof and the amounts of coverage.
  247         12. The term of the charter which shall provide for
  248  cancellation of the charter if insufficient progress has been
  249  made in attaining the student achievement objectives of the
  250  charter and if it is not likely that such objectives can be
  251  achieved before expiration of the charter. The initial term of a
  252  charter shall be for 4 or 5 years, excluding 1 planning year. In
  253  order to facilitate access to long-term financial resources for
  254  charter school construction, charter schools that are operated
  255  by a municipality or other public entity as provided by law are
  256  eligible for up to a 15-year charter, subject to approval by the
  257  district school board. A charter lab school is eligible for a
  258  charter for a term of up to 15 years. In addition, to facilitate
  259  access to long-term financial resources for charter school
  260  construction, charter schools that are operated by a private,
  261  not-for-profit, s. 501(c)(3) status corporation are eligible for
  262  up to a 15-year charter, subject to approval by the district
  263  school board. Such long-term charters remain subject to annual
  264  review and may be terminated during the term of the charter, but
  265  only according to the provisions set forth in subsection (8).
  266         13. The facilities to be used and their location. The
  267  sponsor may not require a charter school to have a certificate
  268  of occupancy or a temporary certificate of occupancy for such a
  269  facility earlier than 15 calendar days before the first day of
  270  school.
  271         14. The qualifications to be required of the teachers and
  272  the potential strategies used to recruit, hire, train, and
  273  retain qualified staff to achieve best value.
  274         15. The governance structure of the school, including the
  275  status of the charter school as a public or private employer as
  276  required in paragraph (12)(i).
  277         16. A timetable for implementing the charter which
  278  addresses the implementation of each element thereof and the
  279  date by which the charter shall be awarded in order to meet this
  280  timetable.
  281         17. In the case of an existing public school that is being
  282  converted to charter status, alternative arrangements for
  283  current students who choose not to attend the charter school and
  284  for current teachers who choose not to teach in the charter
  285  school after conversion in accordance with the existing
  286  collective bargaining agreement or district school board rule in
  287  the absence of a collective bargaining agreement. However,
  288  alternative arrangements shall not be required for current
  289  teachers who choose not to teach in a charter lab school, except
  290  as authorized by the employment policies of the state university
  291  which grants the charter to the lab school.
  292         18. Full disclosure of the identity of all relatives
  293  employed by the charter school who are related to the charter
  294  school owner, president, chairperson of the governing board of
  295  directors, superintendent, governing board member, principal,
  296  assistant principal, or any other person employed by the charter
  297  school who has equivalent decisionmaking authority. For the
  298  purpose of this subparagraph, the term “relative” means father,
  299  mother, son, daughter, brother, sister, uncle, aunt, first
  300  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  301  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  302  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  303  stepsister, half brother, or half sister.
  304         19. Implementation of the activities authorized under s.
  305  1002.331 by the charter school when it satisfies the eligibility
  306  requirements for a high-performing charter school. A high
  307  performing charter school shall notify its sponsor in writing by
  308  March 1 if it intends to increase enrollment or expand grade
  309  levels the following school year. The written notice shall
  310  specify the amount of the enrollment increase and the grade
  311  levels that will be added, as applicable.
  312         (d) A charter may be modified during its initial term or
  313  any renewal term upon the recommendation of the sponsor or the
  314  charter school’s governing board and the approval of both
  315  parties to the agreement. Modification during any term may
  316  include, but is not limited to, consolidation of multiple
  317  charters into a single charter if the charters are operated
  318  under the same governing board and physically located on the
  319  same campus, regardless of the renewal cycle. A charter school
  320  with a grade of “C” or higher that closes as part of a
  321  consolidation shall be reported by the school district as a
  322  consolidation.
  323         (e) A charter may be terminated by a charter school’s
  324  governing board through voluntary closure. The decision to cease
  325  operations must be determined at a public meeting. The governing
  326  board shall notify the parents and sponsor of the public meeting
  327  in writing before the public meeting. The governing board must
  328  notify the sponsor, parents of enrolled students, and the
  329  department in writing within 24 hours after the public meeting
  330  of its determination. The notice shall state the charter
  331  school’s intent to continue operations or the reason for the
  332  closure and acknowledge that the governing board agrees to
  333  follow the procedures for dissolution and reversion of public
  334  funds pursuant to paragraphs (8)(d)-(f) and (9)(o) paragraphs
  335  (8)(e)-(g) and (9)(o).
  337         (a) The sponsor shall make student academic achievement for
  338  all students the most important factor when determining whether
  339  to renew or terminate the charter. The sponsor may also choose
  340  not to renew or may terminate the charter if the sponsor finds
  341  that one of the grounds set forth below exists by clear and
  342  convincing evidence for any of the following grounds:
  343         1. Failure to participate in the state’s education
  344  accountability system created in s. 1008.31, as required in this
  345  section, or failure to meet the requirements for student
  346  performance stated in the charter.
  347         2. Failure to meet generally accepted standards of fiscal
  348  management.
  349         3. Material violation of law.
  350         4. Other good cause shown.
  351         (b) At least 90 days before renewing, nonrenewing, or
  352  terminating a charter, the sponsor shall notify the governing
  353  board of the school of the proposed action in writing. The
  354  notice shall state in reasonable detail the grounds for the
  355  proposed action and stipulate that the school’s governing board
  356  may, within 14 calendar days after receiving the notice, request
  357  a hearing. The hearing shall be conducted at the sponsor’s
  358  election in accordance with one of the following procedures:
  359         1.A direct hearing conducted by the sponsor within 60 days
  360  after receipt of the request for a hearing. The hearing shall be
  361  conducted in accordance with ss. 120.569 and 120.57. The sponsor
  362  shall decide upon nonrenewal or termination by a majority vote.
  363  The sponsor’s decision shall be a final order; or
  364         2.A hearing conducted by an administrative law judge
  365  assigned by the Division of Administrative Hearings. The hearing
  366  shall be conducted within 90 60 days after receipt of the
  367  request for a hearing and in accordance with chapter 120. The
  368  administrative law judge’s final recommended order shall be
  369  submitted to the sponsor. The administrative law judge shall
  370  award the prevailing party reasonable attorney fees and costs
  371  incurred during the administrative proceeding and any appeals A
  372  majority vote by the sponsor shall be required to adopt or
  373  modify the administrative law judge’s recommended order. The
  374  sponsor shall issue a final order.
  375         (c) The final order shall state the specific reasons for
  376  the sponsor’s decision. The sponsor shall provide its final
  377  order to the charter school’s governing board and the Department
  378  of Education no later than 10 calendar days after its issuance.
  379  The charter school’s governing board may, within 30 calendar
  380  days after receiving the sponsor’s final order, appeal the
  381  decision pursuant to s. 120.68.
  383         (n)1. The director and a representative of the governing
  384  board of a charter school that has earned a grade of “D” or “F”
  385  pursuant to s. 1008.34 shall appear before the sponsor to
  386  present information concerning each contract component having
  387  noted deficiencies. The director and a representative of the
  388  governing board shall submit to the sponsor for approval a
  389  school improvement plan to raise student performance. Upon
  390  approval by the sponsor, the charter school shall begin
  391  implementation of the school improvement plan. The department
  392  shall offer technical assistance and training to the charter
  393  school and its governing board and establish guidelines for
  394  developing, submitting, and approving such plans.
  395         2.a. If a charter school earns three consecutive grades
  396  below a “C,” the charter school governing board shall choose one
  397  of the following corrective actions:
  398         (I) Contract for educational services to be provided
  399  directly to students, instructional personnel, and school
  400  administrators, as prescribed in state board rule;
  401         (II) Contract with an outside entity that has a
  402  demonstrated record of effectiveness to operate the school;
  403         (III) Reorganize the school under a new director or
  404  principal who is authorized to hire new staff; or
  405         (IV) Voluntarily close the charter school.
  406         b. The charter school must implement the corrective action
  407  in the school year following receipt of a third consecutive
  408  grade below a “C.”
  409         c. The sponsor may annually waive a corrective action if it
  410  determines that the charter school is likely to improve a letter
  411  grade if additional time is provided to implement the
  412  intervention and support strategies prescribed by the school
  413  improvement plan. Notwithstanding this sub-subparagraph, a
  414  charter school that earns a second consecutive grade of “F” is
  415  subject to subparagraph 3.
  416         d. A charter school is no longer required to implement a
  417  corrective action if it improves to a “C” or higher. However,
  418  the charter school must continue to implement strategies
  419  identified in the school improvement plan. The sponsor must
  420  annually review implementation of the school improvement plan to
  421  monitor the school’s continued improvement pursuant to
  422  subparagraph 4.
  423         e. A charter school implementing a corrective action that
  424  does not improve to a “C” or higher after 2 full school years of
  425  implementing the corrective action must select a different
  426  corrective action. Implementation of the new corrective action
  427  must begin in the school year following the implementation
  428  period of the existing corrective action, unless the sponsor
  429  determines that the charter school is likely to improve to a “C”
  430  or higher if additional time is provided to implement the
  431  existing corrective action. Notwithstanding this sub
  432  subparagraph, a charter school that earns a second consecutive
  433  grade of “F” while implementing a corrective action is subject
  434  to subparagraph 3.
  435         3. A charter school’s charter contract is automatically
  436  terminated if the school earns two consecutive grades of “F”
  437  after all school grade appeals are final unless:
  438         a. The charter school is established to turn around the
  439  performance of a district public school pursuant to s.
  440  1008.33(4)(b)2. Such charter schools shall be governed by s.
  441  1008.33;
  442         b. The charter school serves a student population the
  443  majority of which resides in a school zone served by a district
  444  public school subject to s. 1008.33(4) and the charter school
  445  earns at least a grade of “D” in its third year of operation.
  446  The exception provided under this sub-subparagraph does not
  447  apply to a charter school in its fourth year of operation and
  448  thereafter; or
  449         c. The state board grants the charter school a waiver of
  450  termination. The charter school must request the waiver within
  451  15 days after the department’s official release of school
  452  grades. The state board may waive termination if the charter
  453  school demonstrates that the Learning Gains of its students on
  454  statewide assessments are comparable to or better than the
  455  Learning Gains of similarly situated students enrolled in nearby
  456  district public schools. The waiver is valid for 1 year and may
  457  only be granted once. Charter schools that have been in
  458  operation for more than 5 years are not eligible for a waiver
  459  under this sub-subparagraph.
  461  The sponsor shall notify the charter school’s governing board,
  462  the charter school principal, and the department in writing when
  463  a charter contract is terminated under this subparagraph. The
  464  letter of termination must meet the requirements of paragraph
  465  (8)(c). A charter terminated under this subparagraph must follow
  466  the procedures for dissolution and reversion of public funds
  467  pursuant to paragraphs (8)(d)-(f) and (9)(o) paragraphs (8)(e)
  468  (g) and (9)(o).
  469         4. The director and a representative of the governing board
  470  of a graded charter school that has implemented a school
  471  improvement plan under this paragraph shall appear before the
  472  sponsor at least once a year to present information regarding
  473  the progress of intervention and support strategies implemented
  474  by the school pursuant to the school improvement plan and
  475  corrective actions, if applicable. The sponsor shall communicate
  476  at the meeting, and in writing to the director, the services
  477  provided to the school to help the school address its
  478  deficiencies.
  479         5. Notwithstanding any provision of this paragraph except
  480  sub-subparagraphs 3.a.-c., the sponsor may terminate the charter
  481  at any time pursuant to subsection (8).
  482         (20) SERVICES.—
  483         (b) If goods and services are made available to the charter
  484  school through the contract with the school district, they shall
  485  be provided to the charter school at a rate no greater than the
  486  district’s actual cost unless mutually agreed upon by the
  487  charter school and the sponsor in a contract negotiated
  488  separately from the charter. When mediation has failed to
  489  resolve disputes over contracted services or contractual matters
  490  not included in the charter, an appeal may be made to an
  491  administrative law judge appointed by the Division of
  492  Administrative Hearings. The administrative law judge has final
  493  order authority to rule on the dispute. The administrative law
  494  judge shall award the prevailing party reasonable attorney fees
  495  and costs incurred during the mediation process, administrative
  496  proceeding, and any appeals, to be paid by the party whom the
  497  administrative law judge rules against for a dispute resolution
  498  hearing before the Charter School Appeal Commission. To maximize
  499  the use of state funds, school districts shall allow charter
  500  schools to participate in the sponsor’s bulk purchasing program
  501  if applicable.
  502         Section 9. Paragraph (a) of subsection (2) and paragraph
  503  (b) of subsection (3) of section 1002.331, Florida Statutes, are
  504  amended to read:
  505         1002.331 High-performing charter schools.—
  506         (2) A high-performing charter school is authorized to:
  507         (a) Increase its student enrollment once per school year to
  508  more than the capacity identified in the charter, but student
  509  enrollment may not exceed the current facility capacity of the
  510  facility at the time of enrollment. Facility capacity for
  511  purposes of grade level expansion shall include any improvements
  512  to an existing facility or any new facility in which a majority
  513  of the students of the high-performing charter school will
  514  enroll.
  516  A high-performing charter school shall notify its sponsor in
  517  writing by March 1 if it intends to increase enrollment or
  518  expand grade levels the following school year. The written
  519  notice shall specify the amount of the enrollment increase and
  520  the grade levels that will be added, as applicable. If a charter
  521  school notifies the sponsor of its intent to expand, the sponsor
  522  shall modify the charter within 90 days to include the new
  523  enrollment maximum and may not make any other changes. The
  524  sponsor may deny a request to increase the enrollment of a high
  525  performing charter school if the commissioner has declassified
  526  the charter school as high-performing. If a high-performing
  527  charter school requests to consolidate multiple charters, the
  528  sponsor shall have 40 days after receipt of that request to
  529  provide an initial draft charter to the charter school. The
  530  sponsor and charter school shall have 50 days thereafter to
  531  negotiate and notice the charter contract for final approval by
  532  the sponsor.
  533         (3)
  534         (b) A high-performing charter school may not establish more
  535  than two one charter schools school within the state under
  536  paragraph (a) in any year. A subsequent application to establish
  537  a charter school under paragraph (a) may not be submitted unless
  538  each charter school established in this manner achieves high
  539  performing charter school status. However, a high-performing
  540  charter school may establish more than one charter school within
  541  the state under paragraph (a) in any year if it operates in the
  542  area of a persistently low-performing school and serves students
  543  from that school.
  544         Section 10. Subsection (2) of section 1012.32, Florida
  545  Statutes, is amended to read:
  546         1012.32 Qualifications of personnel.—
  547         (2)(a) Instructional and noninstructional personnel who are
  548  hired or contracted to fill positions that require direct
  549  contact with students in any district school system or
  550  university lab school must, upon employment or engagement to
  551  provide services, undergo background screening as required under
  552  s. 1012.465 or s. 1012.56, whichever is applicable.
  553         (b) Instructional and noninstructional personnel who are
  554  hired or contracted to fill positions in any charter school and
  555  members of the governing board of any charter school, in
  556  compliance with s. 1002.33(12)(g), must, upon employment,
  557  engagement of services, or appointment, undergo background
  558  screening as required under s. 1012.465 or s. 1012.56, whichever
  559  is applicable, by filing with the district school board for the
  560  school district in which the charter school is located a
  561  complete set of fingerprints taken by an authorized law
  562  enforcement agency or an employee of the school or school
  563  district who is trained to take fingerprints.
  564         (c) Instructional and noninstructional personnel who are
  565  hired or contracted to fill positions that require direct
  566  contact with students in an alternative school that operates
  567  under contract with a district school system must, upon
  568  employment or engagement to provide services, undergo background
  569  screening as required under s. 1012.465 or s. 1012.56, whichever
  570  is applicable, by filing with the district school board for the
  571  school district to which the alternative school is under
  572  contract a complete set of fingerprints taken by an authorized
  573  law enforcement agency or an employee of the school or school
  574  district who is trained to take fingerprints.
  575         (d) Student teachers and persons participating in a field
  576  experience pursuant to s. 1004.04(5) or s. 1004.85 in any
  577  district school system, lab school, or charter school must, upon
  578  engagement to provide services, undergo background screening as
  579  required under s. 1012.56.
  581  Fingerprints shall be submitted to the Department of Law
  582  Enforcement for statewide criminal and juvenile records checks
  583  and to the Federal Bureau of Investigation for federal criminal
  584  records checks. A person subject to this subsection who is found
  585  ineligible for employment under s. 1012.315, or otherwise found
  586  through background screening to have been convicted of any crime
  587  involving moral turpitude as defined by rule of the State Board
  588  of Education, shall not be employed, engaged to provide
  589  services, or serve in any position that requires direct contact
  590  with students. Probationary persons subject to this subsection
  591  terminated because of their criminal record have the right to
  592  appeal such decisions. The cost of the background screening may
  593  be borne by the district school board, the charter school, the
  594  employee, the contractor, or a person subject to this
  595  subsection. If the district school board does not notify the
  596  charter school of the eligibility of governing board members and
  597  instructional and noninstructional personnel within 14 days
  598  after the submission of the fingerprints, it shall reimburse the
  599  cost of background screening.
  600         Section 11. Section 1012.562, Florida Statutes, is amended
  601  to read:
  602         1012.562 Public accountability and state approval of school
  603  leader preparation programs.—The Department of Education shall
  604  establish a process for the approval of Level I and Level II
  605  school leader preparation programs that will enable aspiring
  606  school leaders to obtain their certificate in educational
  607  leadership under s. 1012.56. School leader preparation programs
  608  must be competency-based, aligned to the principal leadership
  609  standards adopted by the state board, and open to individuals
  610  employed by public schools, including charter schools and
  611  virtual schools. Level I programs may be offered by school
  612  districts or postsecondary institutions and lead to initial
  613  certification in educational leadership for the purpose of
  614  preparing individuals to serve as school administrators. Level
  615  II programs may be offered by school districts, build upon Level
  616  I training, and lead to renewal certification as a school
  617  principal.
  618         (1) PURPOSE.—The purpose of school leader preparation
  619  programs are to:
  620         (a) Increase the supply of effective school leaders in the
  621  public schools of this state.
  622         (b) Produce school leaders who are prepared to lead the
  623  state’s diverse student population in meeting high standards for
  624  academic achievement.
  625         (c) Enable school leaders to facilitate the development and
  626  retention of effective and highly effective classroom teachers.
  627         (d) Produce leaders with the competencies and skills
  628  necessary to achieve the state’s education goals.
  629         (e) Sustain the state system of school improvement and
  630  education accountability.
  631         (2) LEVEL I PROGRAMS.—
  632         (a) Initial approval of a Level I program shall be for a
  633  period of 5 years. A postsecondary institution, or school
  634  district, charter school, or charter management organization may
  635  submit to the department in a format prescribed by the
  636  department an application to establish a Level I school leader
  637  preparation program. To be approved, a Level I program must:
  638         1. Provide competency-based training aligned to the
  639  principal leadership standards adopted by the State Board of
  640  Education.
  641         2. If the program is provided by a postsecondary
  642  institution, partner with at least one school district.
  643         3. Describe the qualifications that will be used to
  644  determine program admission standards, including a candidate’s
  645  instructional expertise and leadership potential.
  646         4. Describe how the training provided through the program
  647  will be aligned to the personnel evaluation criteria under s.
  648  1012.34.
  649         (b) Renewal of a Level I program’s approval shall be for a
  650  period of 5 years and shall be based upon evidence of the
  651  program’s continued ability to meet the requirements of
  652  paragraph (a). A postsecondary institution or school district
  653  must submit an institutional program evaluation plan in a format
  654  prescribed by the department for a Level I program to be
  655  considered for renewal. The plan must include:
  656         1. The percentage of personnel who complete the program and
  657  are placed in school leadership positions in public schools
  658  within the state.
  659         2. Results from the personnel evaluations required under s.
  660  1012.34 for personnel who complete the program.
  661         3. The passage rate of personnel who complete the program
  662  on the Florida Education Leadership Examination.
  663         4. The impact personnel who complete the program have on
  664  student learning as measured by the formulas developed by the
  665  commissioner pursuant to s. 1012.34(7).
  666         5. Strategies for continuous improvement of the program.
  667         6. Strategies for involving personnel who complete the
  668  program, other school personnel, community agencies, business
  669  representatives, and other stakeholders in the program
  670  evaluation process.
  671         7. Additional data included at the discretion of the
  672  postsecondary institution or school district.
  673         (c) A Level I program must guarantee the high quality of
  674  personnel who complete the program for the first 2 years after
  675  program completion or the person’s initial certification as a
  676  school leader, whichever occurs first. If a person who completed
  677  the program is evaluated at less than highly effective or
  678  effective under s. 1012.34 and the person’s employer requests
  679  additional training, the Level I program must provide additional
  680  training at no cost to the person or his or her employer. The
  681  training must include the creation of an individualized plan
  682  agreed to by the employer that includes specific learning
  683  outcomes. The Level I program is not responsible for the
  684  person’s employment contract with his or her employer.
  685         (3) LEVEL II PROGRAMS.—Initial approval and subsequent
  686  renewal of a Level II program shall be for a period of 5 years.
  687  A school district, charter school, or charter management
  688  organization may submit to the department in a format prescribed
  689  by the department an application to establish a Level II school
  690  leader preparation program or for program renewal. To be
  691  approved or renewed, a Level II program must:
  692         (a) Demonstrate that personnel accepted into the Level II
  693  program have:
  694         1. Obtained their certificate in educational leadership
  695  under s. 1012.56.
  696         2. Earned a highly effective or effective designation under
  697  s. 1012.34.
  698         3. Satisfactorily performed instructional leadership
  699  responsibilities as measured by the evaluation system in s.
  700  1012.34.
  701         (b) Demonstrate that the Level II program:
  702         1. Provides competency-based training aligned to the
  703  principal leadership standards adopted by the State Board of
  704  Education.
  705         2. Provides training aligned to the personnel evaluation
  706  criteria under s. 1012.34 and professional development program
  707  in s. 1012.986.
  708         3. Provides individualized instruction using a customized
  709  learning plan for each person enrolled in the program that is
  710  based on data from self-assessment, selection, and appraisal
  711  instruments.
  712         4. Conducts program evaluations and implements program
  713  improvements using input from personnel who completed the
  714  program and employers and data gathered pursuant to paragraph
  715  (2)(b).
  716         (c) Gather and monitor the data specified in paragraph
  717  (2)(b).
  718         (4) RULES.—The State Board of Education shall adopt rules
  719  to administer this section.
  720         Section 12. Paragraph (a) of subsection (2) of section
  721  1013.28, Florida Statutes, is amended to read:
  722         1013.28 Disposal of property.—
  724         (a) Tangible personal property that has been properly
  725  classified as surplus by a district school board or Florida
  726  College System institution board of trustees shall be disposed
  727  of in accordance with the procedure established by chapter 274.
  728  However, the provisions of chapter 274 shall not be applicable
  729  to a motor vehicle used in driver education to which title is
  730  obtained for a token amount from an automobile dealer or
  731  manufacturer. In such cases, the disposal of the vehicle shall
  732  be as prescribed in the contractual agreement between the
  733  automotive agency or manufacturer and the board. Tangible
  734  personal property that has been properly classified as surplus,
  735  marked for disposal, or otherwise unused by a district school
  736  board shall be provided for a charter school’s use on the same
  737  basis as it is made available to other public schools in the
  738  district. A charter school receiving property from the school
  739  district may not sell or dispose of such property without the
  740  written permission of the school district.
  742  ================= T I T L E  A M E N D M E N T ================
  743  And the title is amended as follows:
  744         Delete lines 3360 - 3362
  745  and insert:
  746         1002.33, F.S.; revising the criteria for denying high
  747         performing charter school system applications;
  748         revising requirements for the term of a charter;
  749         revising provisions for the modification of and the
  750         nonrenewal or termination of a charter; revising the
  751         process for resolving contractual disputes; amending
  752         s. 1002.331, F.S.; revising the calculation used to
  753         determine facility capacity for such charter schools;
  754         revising the number of schools that can be established
  755         by a high-performing charter school; amending s.
  756         1012.32, F.S.; requiring a district school board to
  757         reimburse certain costs if it fails to notify a
  758         charter school of the eligibility status of certain
  759         persons; amending s. 1012.562, F.S.; authorizing
  760         charter schools and charter management organizations
  761         to offer school leader preparation programs; amending
  762         s. 1013.28, F.S.; requiring school districts to
  763         provide charter schools access to certain property on
  764         the same basis as public schools; prohibiting certain
  765         actions by a charter school without the written
  766         permission of the school district; amending s.
  767         1002.331, F.S.; revising the