Florida Senate - 2020                                     SB 536
       
       
        
       By Senator Diaz
       
       
       
       
       
       36-00680-20                                            2020536__
    1                        A bill to be entitled                      
    2         An act relating to charter schools; amending s.
    3         1002.33, F.S.; conforming provisions relating to
    4         changes made by the act; establishing the High
    5         Performing Charter School Council; providing the
    6         purpose of the council; providing for membership of
    7         the council; providing that applications submitted to
    8         the council must comply with specified requirements;
    9         providing the review process for applications for
   10         charter schools submitted to the council; providing
   11         the process for approving or denying a charter school
   12         application submitted to the council; requiring the
   13         council to submit a written recommendation to the
   14         State Board of Education as to whether an application
   15         should be approved or denied within a specified
   16         timeframe; providing requirements for such
   17         recommendation; providing construction; requiring the
   18         state board to accept or deny such recommendation
   19         within a specified timeframe; providing the process
   20         for the acceptance or denial of such recommendation;
   21         providing construction; authorizing charter school
   22         sponsors and applicants to provide input to the state
   23         board regarding the council’s recommendation;
   24         requiring the Commissioner of Education to receive and
   25         make such input available to the state board within a
   26         specified timeframe; providing grounds on which the
   27         council may recommend denial of, or the state board
   28         may deny, an application submitted by a high
   29         performing charter school or a high-performing charter
   30         school system; providing construction; amending s.
   31         1002.331, F.S.; conforming a provision to changes made
   32         by the act; deleting a requirement that the
   33         commissioner provide a letter to the sponsor verifying
   34         that a charter school meets specified criteria;
   35         amending s. 1002.332, F.S.; conforming provisions to
   36         changes made by the act; providing an effective date.
   37          
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Present paragraphs (f) and (g) of subsection (6)
   41  of section 1002.33, Florida Statutes, are redesignated as
   42  paragraphs (g) and (h), respectively, a new paragraph (f) is
   43  added to that subsection, and paragraph (b) of that subsection
   44  is amended, to read:
   45         1002.33 Charter schools.—
   46         (6) APPLICATION PROCESS AND REVIEW.—Charter school
   47  applications are subject to the following requirements:
   48         (b) A sponsor shall receive and review all applications for
   49  a charter school using the evaluation instrument developed by
   50  the Department of Education. A sponsor shall receive and
   51  consider charter school applications received on or before
   52  August 1 of each calendar year for charter schools to be opened
   53  at the beginning of the school district’s next school year, or
   54  to be opened at a time agreed to by the applicant and the
   55  sponsor. A sponsor may not refuse to receive a charter school
   56  application submitted before August 1 and may receive an
   57  application submitted later than August 1 if it chooses.
   58  Beginning in 2018 and thereafter, a sponsor shall receive and
   59  consider charter school applications received on or before
   60  February 1 of each calendar year for charter schools to be
   61  opened 18 months later at the beginning of the school district’s
   62  school year, or to be opened at a time determined by the
   63  applicant. A sponsor may not refuse to receive a charter school
   64  application submitted before February 1 and may receive an
   65  application submitted later than February 1 if it chooses. A
   66  sponsor may not charge an applicant for a charter any fee for
   67  the processing or consideration of an application, and a sponsor
   68  may not base its consideration or approval of a final
   69  application upon the promise of future payment of any kind.
   70  Before approving or denying any application, the sponsor shall
   71  allow the applicant, upon receipt of written notification, at
   72  least 7 calendar days to make technical or nonsubstantive
   73  corrections and clarifications, including, but not limited to,
   74  corrections of grammatical, typographical, and like errors or
   75  missing signatures, if such errors are identified by the sponsor
   76  as cause to deny the final application.
   77         1. In order to facilitate an accurate budget projection
   78  process, a sponsor shall be held harmless for FTE students who
   79  are not included in the FTE projection due to approval of
   80  charter school applications after the FTE projection deadline.
   81  In a further effort to facilitate an accurate budget projection,
   82  within 15 calendar days after receipt of a charter school
   83  application, a sponsor shall report to the Department of
   84  Education the name of the applicant entity, the proposed charter
   85  school location, and its projected FTE.
   86         2. In order to ensure fiscal responsibility, an application
   87  for a charter school shall include a full accounting of expected
   88  assets, a projection of expected sources and amounts of income,
   89  including income derived from projected student enrollments and
   90  from community support, and an expense projection that includes
   91  full accounting of the costs of operation, including start-up
   92  costs.
   93         3.a. A sponsor shall by a majority vote approve or deny an
   94  application by a majority vote no later than 90 calendar days
   95  after the application is received, unless the sponsor and the
   96  applicant mutually agree in writing to temporarily postpone the
   97  vote to a specific date, at which time the sponsor shall by a
   98  majority vote approve or deny the application. If the sponsor
   99  fails to act on the application, an applicant may appeal to the
  100  State Board of Education as provided in paragraph (c). If an
  101  application is denied, the sponsor shall, within 10 calendar
  102  days after such denial, shall articulate in writing the specific
  103  reasons, based upon good cause, supporting its denial of the
  104  application and shall provide the letter of denial and
  105  supporting documentation to the applicant and to the Department
  106  of Education.
  107         b. An application submitted by a high-performing charter
  108  school identified pursuant to s. 1002.331 or a high-performing
  109  charter school system identified pursuant to s. 1002.332 may be
  110  denied by the sponsor only if the sponsor demonstrates by clear
  111  and convincing evidence that:
  112         (I) The application of a high-performing charter school
  113  does not materially comply with the requirements in paragraph
  114  (a) or, for a high-performing charter school system, the
  115  application does not materially comply with s. 1002.332(2)(b);
  116         (II) The charter school proposed in the application does
  117  not materially comply with the requirements in paragraphs
  118  (9)(a)-(f);
  119         (III) The proposed charter school’s educational program
  120  does not substantially replicate that of the applicant or one of
  121  the applicant’s high-performing charter schools;
  122         (IV) The applicant has made a material misrepresentation or
  123  false statement or concealed an essential or material fact
  124  during the application process; or
  125         (V) The proposed charter school’s educational program and
  126  financial management practices do not materially comply with the
  127  requirements of this section.
  128  
  129  Material noncompliance is a failure to follow requirements or a
  130  violation of prohibitions applicable to charter school
  131  applications, which failure is quantitatively or qualitatively
  132  significant either individually or when aggregated with other
  133  noncompliance. An applicant is considered to be replicating a
  134  high-performing charter school if the proposed school is
  135  substantially similar to at least one of the applicant’s high
  136  performing charter schools and the organization or individuals
  137  involved in the establishment and operation of the proposed
  138  school are significantly involved in the operation of replicated
  139  schools.
  140         c. If the sponsor denies an application submitted by a
  141  high-performing charter school or a high-performing charter
  142  school system, the sponsor must, within 10 calendar days after
  143  such denial, state in writing the specific reasons, based upon
  144  the criteria in sub-subparagraph b., supporting its denial of
  145  the application and must provide the letter of denial and
  146  supporting documentation to the applicant and to the Department
  147  of Education. The applicant may appeal the sponsor’s denial of
  148  the application in accordance with paragraph (c).
  149         4. For budget projection purposes, the sponsor shall report
  150  to the Department of Education the approval or denial of an
  151  application within 10 calendar days after such approval or
  152  denial. In the event of approval, the report to the Department
  153  of Education shall include the final projected FTE for the
  154  approved charter school.
  155         5. Upon approval of an application, the initial startup
  156  shall commence with the beginning of the public school calendar
  157  for the district in which the charter is granted. A charter
  158  school may defer the opening of the school’s operations for up
  159  to 3 years to provide time for adequate facility planning. The
  160  charter school must provide written notice of such intent to the
  161  sponsor and the parents of enrolled students at least 30
  162  calendar days before the first day of school.
  163         (f)1.The High-Performing Charter School Council is
  164  established to review and recommend approval or denial to the
  165  state board of applications submitted by high-performing charter
  166  schools, pursuant to s. 1002.331, and by high-performing charter
  167  school systems, pursuant to s. 1002.332.
  168         2.The commissioner shall appoint a sufficient number of
  169  members to the council to ensure a fair and impartial review of
  170  applications. Members shall serve without compensation but may
  171  be reimbursed for travel and per diem expenses in conjunction
  172  with their service. Of the members reviewing an application,
  173  one-half must represent currently operating charter schools and
  174  one-half must represent sponsors. At least one of the members
  175  representing charter schools must be from a high-performing
  176  charter school or a high-performing charter school system. The
  177  commissioner or a named designee shall chair the council.
  178         3.a. Applications submitted to the council by high
  179  performing charter schools and high-performing charter school
  180  systems must comply with the application format developed by the
  181  department and the applicant must provide a copy of the
  182  application to the sponsor within 3 days after it is submitted
  183  to the council. Applications are subject to the requirements of
  184  paragraph (a), which the council shall consider in making its
  185  recommendation to approve or deny an application.
  186         b. The council shall review applications for a high
  187  performing charter school using the evaluation instrument
  188  developed by the department. The council shall consider high
  189  performing charter school applications received on or before
  190  February 1 of each calendar year for charter schools to be
  191  opened 18 months later at the beginning of the school district’s
  192  school year, or to be opened at a time determined by the
  193  applicant. The council may receive an application submitted
  194  after February 1 if the council chooses. The council shall allow
  195  an applicant, upon receipt of written notification, at least 7
  196  calendar days to make technical or nonsubstantial corrections
  197  and clarifications if such errors may cause the council to
  198  recommend denial of the application.
  199         c.A sponsor may provide input to the council within 15
  200  days after receiving a copy of the final application submitted
  201  to the council. The council shall consider such input in
  202  reviewing the application.
  203         4.a. The council shall recommend to approve or deny an
  204  application by majority vote no later than 30 calendar days
  205  after the final application is received, unless the council and
  206  the applicant mutually agree in writing to temporarily postpone
  207  the vote to a specific date. If the council fails to act on the
  208  application within 30 days after receipt, the application must
  209  be submitted to the state board for action.
  210         b. The council shall submit a written recommendation, which
  211  must include fact-based justification, to the state board as to
  212  whether an application should be approved or denied within 10
  213  days after its decision. If the council recommends denial of the
  214  application, the council must state in writing the specific
  215  reasons, based on the criteria in sub-subparagraph 5.c.,
  216  supporting its denial of the application. The council shall also
  217  provide the written recommendation and justification to the
  218  applicant and the sponsor within 10 days after it makes its
  219  decision. The recommendation of the council is not subject to
  220  chapter 120.
  221         5.a. The state board shall accept or deny the
  222  recommendation of the council by majority vote no later than 60
  223  calendar days after it receives the recommendation of the
  224  council. If the state board approves an application, the sponsor
  225  must begin development of the charter pursuant to subsection (7)
  226  within 30 days. If the state board denies an application
  227  submitted by a high-performing charter school or a high
  228  performing charter school system, the state board must identify
  229  in writing the specific reasons, based upon the criteria in sub
  230  subparagraph c., for its denial of the application. The state
  231  board’s decision is a final action subject to judicial review in
  232  the district court of appeal. The decision of the state board is
  233  not subject to chapter 120.
  234         b. No later than 30 days after receipt of the council’s
  235  decision, the sponsor and applicant may provide input to the
  236  state board regarding the council’s recommendation. The
  237  commissioner shall receive and make such input available to the
  238  state board at least 7 calendar days before the date on which
  239  the recommendation by the council is considered.
  240         c. An application submitted by a high-performing charter
  241  school identified pursuant to s. 1002.331 or a high-performing
  242  charter school system identified pursuant to s. 1002.332 may be
  243  recommended for denial by the council or denied by the state
  244  board only if the council or state board demonstrates by clear
  245  and convincing evidence that:
  246         (I) The application of a high-performing charter school
  247  does not materially comply with the requirements in paragraph
  248  (a) or, for a high-performing charter school system, the
  249  application does not materially comply with s. 1002.332(2)(b);
  250         (II) The charter school proposed in the application does
  251  not materially comply with the requirements in paragraphs
  252  (9)(a)-(f);
  253         (III) The proposed charter school’s educational program
  254  does not substantially replicate that of the applicant or one of
  255  the applicant’s high-performing charter schools;
  256         (IV) The applicant has made a material misrepresentation or
  257  false statement or concealed an essential or material fact
  258  during the application process; or
  259         (V) The proposed charter school’s educational program and
  260  financial management practices do not materially comply with the
  261  requirements of this section.
  262  
  263  Material noncompliance is a failure to follow requirements or a
  264  violation of prohibitions applicable to charter school
  265  applications, which failure is quantitatively or qualitatively
  266  significant either individually or when aggregated with other
  267  noncompliance. An applicant is considered to be replicating a
  268  high-performing charter school if the proposed school is
  269  substantially similar to at least one of the applicant’s high
  270  performing charter schools and the organization or individuals
  271  involved in the establishment and operation of the proposed
  272  school are significantly involved in the operation of replicated
  273  schools.
  274         Section 2. Paragraph (a) of subsection (3) and subsection
  275  (4) of section 1002.331, Florida Statutes, are amended to read:
  276         1002.331 High-performing charter schools.—
  277         (3)(a)1. A high-performing charter school may submit an
  278  application to the High-Performing Charter School Council
  279  pursuant to s. 1002.33(6) to operate in any school district in
  280  the state to establish and operate a new charter school that
  281  will substantially replicate its educational program. An
  282  application submitted by a high-performing charter school must
  283  state that the application is being submitted pursuant to this
  284  paragraph and must include the verification letter provided by
  285  the Commissioner of Education pursuant to subsection (4).
  286         2. If the sponsor fails to act on the application within 90
  287  days after receipt, the application is deemed approved and the
  288  procedure in s. 1002.33(7) applies.
  289         (4) The Commissioner of Education, upon request by a
  290  charter school, shall verify that the charter school meets the
  291  criteria in subsection (1) and provide a letter to the charter
  292  school and the sponsor stating that the charter school is a
  293  high-performing charter school pursuant to this section. The
  294  commissioner shall annually determine whether a high-performing
  295  charter school under subsection (1) continues to meet the
  296  criteria in that subsection. Such high-performing charter school
  297  shall maintain its high-performing status unless the
  298  commissioner determines that the charter school no longer meets
  299  the criteria in subsection (1), at which time the commissioner
  300  shall send a letter providing notification of its
  301  declassification as a high-performing charter school.
  302         Section 3. Paragraphs (b) and (c) of subsection (2) of
  303  section 1002.332, Florida Statutes, are amended to read:
  304         1002.332 High-performing charter school system.—
  305         (2)
  306         (b) A high-performing charter school system may replicate
  307  its high-performing charter schools in any school district in
  308  the state. The applicant must submit an application to the High
  309  Performing Charter School Council using the standard application
  310  form prepared by the Department of Education which:
  311         1. Contains goals and objectives for improving student
  312  learning and a process for measuring student improvement. These
  313  goals and objectives must indicate how much academic improvement
  314  students are expected to demonstrate each year, how success will
  315  be evaluated, and the specific results to be attained through
  316  instruction.
  317         2. Contains an annual financial plan for each year
  318  requested by the charter for operation of the school for up to 5
  319  years. This plan must contain anticipated fund balances based on
  320  revenue projections, a spending plan based on projected revenue
  321  and expenses, and a description of controls that will safeguard
  322  finances and projected enrollment trends.
  323         3. Discloses the name of each applicant, governing board
  324  member, and all proposed education services providers; the name
  325  and sponsor of any charter school operated by each applicant,
  326  each governing board member, and each proposed education
  327  services provider that has closed and the reasons for the
  328  closure; and the academic and financial history of such charter
  329  schools, which the High-Performing Charter School Council
  330  sponsor shall consider when deciding whether to recommend
  331  approval or denial of approve or deny the application.
  332         (c) An application submitted by a high-performing charter
  333  school system must state that the application is being submitted
  334  pursuant to this section and must include the verification
  335  letter provided by the Commissioner of Education pursuant to
  336  this subsection. If the sponsor fails to act on the application
  337  within 90 days after receipt, the application is deemed approved
  338  and the procedure in s. 1002.33(7) applies.
  339         Section 4. This act shall take effect July 1, 2020.