Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. PCS (813072) for SB 7070
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/19/2019           .                                

       The Committee on Appropriations (Lee) recommended the following:
    1         Senate Amendment to Amendment (782410) (with title
    2  amendment)
    4         Between lines 201 and 202
    5  insert:
    6         Section 4. Paragraph (a) of subsection (7) of section
    7  1002.33, Florida Statutes, is amended to read
    8         1002.33 Charter schools.—
    9         (7) CHARTER.—The terms and conditions for the operation of
   10  a charter school shall be set forth by the sponsor and the
   11  applicant in a written contractual agreement, called a charter.
   12  The sponsor and the governing board of the charter school shall
   13  use the standard charter contract pursuant to subsection (21),
   14  which shall incorporate the approved application and any addenda
   15  approved with the application. Any term or condition of a
   16  proposed charter contract that differs from the standard charter
   17  contract adopted by rule of the State Board of Education shall
   18  be presumed a limitation on charter school flexibility. The
   19  sponsor may not impose unreasonable rules or regulations that
   20  violate the intent of giving charter schools greater flexibility
   21  to meet educational goals. The charter shall be signed by the
   22  governing board of the charter school and the sponsor, following
   23  a public hearing to ensure community input.
   24         (a) The charter shall address and criteria for approval of
   25  the charter shall be based on:
   26         1. The school’s mission, the students to be served, and the
   27  ages and grades to be included.
   28         2. The focus of the curriculum, the instructional methods
   29  to be used, any distinctive instructional techniques to be
   30  employed, and identification and acquisition of appropriate
   31  technologies needed to improve educational and administrative
   32  performance which include a means for promoting safe, ethical,
   33  and appropriate uses of technology which comply with legal and
   34  professional standards.
   35         a. The charter shall ensure that reading is a primary focus
   36  of the curriculum and that resources are provided to identify
   37  and provide specialized instruction for students who are reading
   38  below grade level. The curriculum and instructional strategies
   39  for reading must be consistent with the Next Generation Sunshine
   40  State Standards and grounded in scientifically based reading
   41  research.
   42         b. In order to provide students with access to diverse
   43  instructional delivery models, to facilitate the integration of
   44  technology within traditional classroom instruction, and to
   45  provide students with the skills they need to compete in the
   46  21st century economy, the Legislature encourages instructional
   47  methods for blended learning courses consisting of both
   48  traditional classroom and online instructional techniques.
   49  Charter schools may implement blended learning courses which
   50  combine traditional classroom instruction and virtual
   51  instruction. Students in a blended learning course must be full
   52  time students of the charter school pursuant to s.
   53  1011.61(1)(a)1. Instructional personnel certified pursuant to s.
   54  1012.55 who provide virtual instruction for blended learning
   55  courses may be employees of the charter school or may be under
   56  contract to provide instructional services to charter school
   57  students. At a minimum, such instructional personnel must hold
   58  an active state or school district adjunct certification under
   59  s. 1012.57 for the subject area of the blended learning course.
   60  The funding and performance accountability requirements for
   61  blended learning courses are the same as those for traditional
   62  courses.
   63         3. The current incoming baseline standard of student
   64  academic achievement, the outcomes to be achieved, and the
   65  method of measurement that will be used. The criteria listed in
   66  this subparagraph shall include a detailed description of:
   67         a. How the baseline student academic achievement levels and
   68  prior rates of academic progress will be established.
   69         b. How these baseline rates will be compared to rates of
   70  academic progress achieved by these same students while
   71  attending the charter school.
   72         c. To the extent possible, how these rates of progress will
   73  be evaluated and compared with rates of progress of other
   74  closely comparable student populations.
   76  The district school board is required to provide academic
   77  student performance data to charter schools for each of their
   78  students coming from the district school system, as well as
   79  rates of academic progress of comparable student populations in
   80  the district school system.
   81         4. The methods used to identify the educational strengths
   82  and needs of students and how well educational goals and
   83  performance standards are met by students attending the charter
   84  school. The methods shall provide a means for the charter school
   85  to ensure accountability to its constituents by analyzing
   86  student performance data and by evaluating the effectiveness and
   87  efficiency of its major educational programs. Students in
   88  charter schools shall, at a minimum, participate in the
   89  statewide assessment program created under s. 1008.22.
   90         5. In secondary charter schools, a method for determining
   91  that a student has satisfied the requirements for graduation in
   92  s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
   93         6. A method for resolving conflicts between the governing
   94  board of the charter school and the sponsor.
   95         7. The admissions procedures and dismissal procedures,
   96  including the school’s code of student conduct. Admission or
   97  dismissal must not be based on a student’s academic performance.
   98         8. The ways by which the school will achieve a
   99  racial/ethnic balance reflective of the community it serves or
  100  within the racial/ethnic range of other public schools in the
  101  same school district.
  102         9. The financial and administrative management of the
  103  school, including a reasonable demonstration of the professional
  104  experience or competence of those individuals or organizations
  105  applying to operate the charter school or those hired or
  106  retained to perform such professional services and the
  107  description of clearly delineated responsibilities and the
  108  policies and practices needed to effectively manage the charter
  109  school. A description of internal audit procedures and
  110  establishment of controls to ensure that financial resources are
  111  properly managed must be included. Both public sector and
  112  private sector professional experience shall be equally valid in
  113  such a consideration.
  114         10. The asset and liability projections required in the
  115  application which are incorporated into the charter and shall be
  116  compared with information provided in the annual report of the
  117  charter school.
  118         11. A description of procedures that identify various risks
  119  and provide for a comprehensive approach to reduce the impact of
  120  losses; plans to ensure the safety and security of students and
  121  staff; plans to identify, minimize, and protect others from
  122  violent or disruptive student behavior; and the manner in which
  123  the school will be insured, including whether or not the school
  124  will be required to have liability insurance, and, if so, the
  125  terms and conditions thereof and the amounts of coverage.
  126         12. The term of the charter which shall provide for
  127  cancellation of the charter if insufficient progress has been
  128  made in attaining the student achievement objectives of the
  129  charter and if it is not likely that such objectives can be
  130  achieved before expiration of the charter. The initial term of a
  131  charter shall be for 5 years, excluding 2 planning years. In
  132  order to facilitate access to long-term financial resources for
  133  charter school construction, charter schools that are operated
  134  by a municipality or other public entity as provided by law are
  135  eligible for up to a 15-year charter, subject to approval by the
  136  district school board. A charter lab school is eligible for a
  137  charter for a term of up to 15 years. In addition, to facilitate
  138  access to long-term financial resources for charter school
  139  construction, charter schools that are operated by a private,
  140  not-for-profit, s. 501(c)(3) status corporation are eligible for
  141  up to a 15-year charter, subject to approval by the district
  142  school board. Such long-term charters remain subject to annual
  143  review and may be terminated during the term of the charter, but
  144  only according to the provisions set forth in subsection (8).
  145         13. The facilities to be used and their location. The
  146  applicant must identify the specific location for the proposed
  147  charter school to ensure that the proposed charter school
  148  locates in reasonable proximity to the student population
  149  identified within the charter school application. The sponsor
  150  may not require a charter school to have a certificate of
  151  occupancy or a temporary certificate of occupancy for such a
  152  facility earlier than 15 calendar days before the first day of
  153  school.
  154         14. The qualifications to be required of the teachers and
  155  the potential strategies used to recruit, hire, train, and
  156  retain qualified staff to achieve best value.
  157         15. The governance structure of the school, including the
  158  status of the charter school as a public or private employer as
  159  required in paragraph (12)(i).
  160         16. A timetable for implementing the charter which
  161  addresses the implementation of each element thereof and the
  162  date by which the charter shall be awarded in order to meet this
  163  timetable.
  164         17. In the case of an existing public school that is being
  165  converted to charter status, alternative arrangements for
  166  current students who choose not to attend the charter school and
  167  for current teachers who choose not to teach in the charter
  168  school after conversion in accordance with the existing
  169  collective bargaining agreement or district school board rule in
  170  the absence of a collective bargaining agreement. However,
  171  alternative arrangements shall not be required for current
  172  teachers who choose not to teach in a charter lab school, except
  173  as authorized by the employment policies of the state university
  174  which grants the charter to the lab school.
  175         18. Full disclosure of the identity of all relatives
  176  employed by the charter school who are related to the charter
  177  school owner, president, chairperson of the governing board of
  178  directors, superintendent, governing board member, principal,
  179  assistant principal, or any other person employed by the charter
  180  school who has equivalent decisionmaking authority. For the
  181  purpose of this subparagraph, the term “relative” means father,
  182  mother, son, daughter, brother, sister, uncle, aunt, first
  183  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  184  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  185  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  186  stepsister, half brother, or half sister.
  187         19. Implementation of the activities authorized under s.
  188  1002.331 by the charter school when it satisfies the eligibility
  189  requirements for a high-performing charter school. A high
  190  performing charter school shall notify its sponsor in writing by
  191  March 1 if it intends to increase enrollment or expand grade
  192  levels the following school year. The written notice shall
  193  specify the amount of the enrollment increase and the grade
  194  levels that will be added, as applicable.
  196  ================= T I T L E  A M E N D M E N T ================
  197  And the title is amended as follows:
  198         Delete line 2181
  199  and insert:
  200         private educational choice options; amending s.
  201         1002.33, F.S.; authorizing school districts to
  202         condition approval of a charter upon certain criteria;
  203         amending s.