Florida Senate - 2021                             CS for SB 1028
       
       
        
       By the Committee on Education; and Senator Hutson
       
       
       
       
       
       581-03259-21                                          20211028c1
    1                        A bill to be entitled                      
    2         An act relating to charter schools; amending s.
    3         218.39, F.S.; providing that a hope operator that has
    4         not been notified that a financial audit for a fiscal
    5         year will be performed by the Auditor General must
    6         retain an independent certified public accountant to
    7         complete, within 9 months after the end of its fiscal
    8         year, an annual financial audit of its accounts, which
    9         must be paid from its public funds; requiring an
   10         auditor to discuss comments that will be included in
   11         the audit report with the hope operator’s board chair
   12         or the chair’s designee; requiring the auditor to
   13         notify each hope operator board member of specified
   14         information; requiring hope operators to file an
   15         officer’s written statement of explanation or rebuttal
   16         concerning an auditor’s findings within a certain
   17         timeframe; authorizing the Legislative Auditing
   18         Committee to require the chair of the hope operator or
   19         the chair’s designee to appear before the committee if
   20         it is determined that the written statement is
   21         insufficient; requiring each hope operator to file a
   22         copy of its audit report with specified entities;
   23         amending s. 1002.33, F.S.; authorizing state
   24         universities and Florida College System institutions
   25         to solicit applications and sponsor charter schools
   26         under certain circumstances; prohibiting certain
   27         charter schools from being sponsored by a Florida
   28         College System institution until such charter school’s
   29         existing charter expires; authorizing a state
   30         university or Florida College System institution to,
   31         at its discretion, deny an application for a charter
   32         school; revising the contents of an annual report that
   33         charter school sponsors must provide to the Department
   34         of Education; revising the date by which the
   35         department must post a specified annual report;
   36         revising provisions relating to Florida College System
   37         institutions that are operating charter schools;
   38         requiring the board of trustees of a state university
   39         or Florida College System institution that is
   40         sponsoring a charter school to serve as the local
   41         educational agency for such school; prohibiting
   42         certain charter school students from being included in
   43         specified school district grade calculations;
   44         requiring the department to develop a sponsor
   45         evaluation framework; providing requirements for the
   46         framework; requiring the department to compiles
   47         results in a specified manner; deleting obsolete
   48         language; revising requirements for the charter school
   49         application process; revising the student populations
   50         for which a charter school is authorized to limit the
   51         enrollment process; providing a calculation for the
   52         operational funding for a charter school sponsored by
   53         a state university or Florida College System
   54         institution; requiring the department to develop a
   55         tool for state universities and Florida College System
   56         institutions for specified purposes relating to
   57         certain funding calculations; providing that such
   58         funding must be appropriated to the charter school;
   59         providing for capital outlay funding for such schools;
   60         authorizing a sponsor to withhold an administrative
   61         fee for the provision of certain services to an
   62         exceptional student education center that meets
   63         specified requirements; conforming provisions to
   64         changes made by the act; amending s. 1002.331, F.S.;
   65         revising provisions relating to the opening of
   66         additional high-performing charter schools; amending
   67         s. 1002.333, F.S.; revising the definition of the term
   68         “persistently low-performing school”; authorizing,
   69         instead of requiring, a school of hope designated as a
   70         local education agency to report students in
   71         accordance with procedures and timelines adopted by
   72         the Department of Education; requiring hope operators,
   73         rather than schools of hope, to provide school
   74         districts with quarterly financial statement summary
   75         sheets; revising the manner in which underused,
   76         vacant, or surplus facilities owned or operated by
   77         school districts are identified; increasing the number
   78         of years for which certain funds may be carried
   79         forward; amending s. 1003.493, F.S.; authorizing a
   80         charter school to offer a career and professional
   81         academy; amending s. 1008.3415, F.S.; requiring the
   82         Commissioner of Education, upon request by a charter
   83         school that meets specified criteria, to provide a
   84         letter to the charter school and the charter school’s
   85         sponsor authorizing the charter school to replicate
   86         the charter school’s education program; amending s.
   87         1012.32, F.S.; providing an alternate screening method
   88         for specified persons employed by certain schools of
   89         hope or serving on certain school of hope governing
   90         boards; amending s. 1013.62, F.S.; expanding
   91         eligibility to receive capital outlay funds to schools
   92         of hope operated by a hope operator; providing an
   93         effective date.
   94          
   95  Be It Enacted by the Legislature of the State of Florida:
   96  
   97         Section 1. Subsections (1), (5), and (6), paragraph (b) of
   98  subsection (8), and subsection (10) of section 218.39, Florida
   99  Statutes, are amended to read:
  100         218.39 Annual financial audit reports.—
  101         (1) If, by the first day in any fiscal year, a local
  102  governmental entity, district school board, charter school, hope
  103  operator, or charter technical career center has not been
  104  notified that a financial audit for that fiscal year will be
  105  performed by the Auditor General, each of the following entities
  106  shall have an annual financial audit of its accounts and records
  107  completed within 9 months after the end of its fiscal year by an
  108  independent certified public accountant retained by it and paid
  109  from its public funds:
  110         (a) Each county.
  111         (b) Any municipality with revenues or the total of
  112  expenditures and expenses in excess of $250,000, as reported on
  113  the fund financial statements.
  114         (c) Any special district with revenues or the total of
  115  expenditures and expenses in excess of $100,000, as reported on
  116  the fund financial statements.
  117         (d) Each district school board.
  118         (e) Each charter school established under s. 1002.33.
  119         (f) Each charter technical center established under s.
  120  1002.34.
  121         (g) Each municipality with revenues or the total of
  122  expenditures and expenses between $100,000 and $250,000, as
  123  reported on the fund financial statements, which has not been
  124  subject to a financial audit pursuant to this subsection for the
  125  2 preceding fiscal years.
  126         (h) Each special district with revenues or the total of
  127  expenditures and expenses between $50,000 and $100,000, as
  128  reported on the fund financial statement, which has not been
  129  subject to a financial audit pursuant to this subsection for the
  130  2 preceding fiscal years.
  131         (i) Each hope operator operating at least one school of
  132  hope in this state.
  133         (5) At the conclusion of the audit, the auditor shall
  134  discuss with the chair of the governing body of the local
  135  governmental entity or the chair’s designee, the elected
  136  official of each county agency or the elected official’s
  137  designee, the chair of the district school board or the chair’s
  138  designee, the chair of the board of the charter school or the
  139  chair’s designee, the chair of the board of the hope operator or
  140  the chair’s designee, or the chair of the board of the charter
  141  technical career center or the chair’s designee, as appropriate,
  142  all of the auditor’s comments that will be included in the audit
  143  report. If the officer is not available to discuss the auditor’s
  144  comments, their discussion is presumed when the comments are
  145  delivered in writing to his or her office. The auditor shall
  146  notify each member of the governing body of a local governmental
  147  entity, district school board, charter school, hope operator, or
  148  charter technical career center for which:
  149         (a) Deteriorating financial conditions exist that may cause
  150  a condition described in s. 218.503(1) to occur if actions are
  151  not taken to address such conditions.
  152         (b) A fund balance deficit in total or a deficit for that
  153  portion of a fund balance not classified as restricted,
  154  committed, or nonspendable, or a total or unrestricted net
  155  assets deficit, as reported on the fund financial statements of
  156  entities required to report under governmental financial
  157  reporting standards or on the basic financial statements of
  158  entities required to report under not-for-profit financial
  159  reporting standards, for which sufficient resources of the local
  160  governmental entity, charter school, hope operator, charter
  161  technical career center, or district school board, as reported
  162  on the fund financial statements, are not available to cover the
  163  deficit. Resources available to cover reported deficits include
  164  fund balance or net assets that are not otherwise restricted by
  165  federal, state, or local laws, bond covenants, contractual
  166  agreements, or other legal constraints. Property, plant, and
  167  equipment, the disposal of which would impair the ability of a
  168  local governmental entity, charter school, hope operator,
  169  charter technical career center, or district school board to
  170  carry out its functions, are not considered resources available
  171  to cover reported deficits.
  172         (6) The officer’s written statement of explanation or
  173  rebuttal concerning the auditor’s findings, including corrective
  174  action to be taken, must be filed with the governing body of the
  175  local governmental entity, district school board, charter
  176  school, hope operator, or charter technical career center within
  177  30 days after the delivery of the auditor’s findings.
  178         (8) The Auditor General shall notify the Legislative
  179  Auditing Committee of any audit report prepared pursuant to this
  180  section which indicates that an audited entity has failed to
  181  take full corrective action in response to a recommendation that
  182  was included in the two preceding financial audit reports.
  183         (b) If the committee determines that the written statement
  184  is not sufficient, it may require the chair of the governing
  185  body of the local governmental entity or the chair’s designee,
  186  the elected official of each county agency or the elected
  187  official’s designee, the chair of the district school board or
  188  the chair’s designee, the chair of the board of the charter
  189  school or the chair’s designee, the chair of the hope operator
  190  or the chair’s designee, or the chair of the board of the
  191  charter technical career center or the chair’s designee, as
  192  appropriate, to appear before the committee.
  193         (10) Each charter school, hope operator who operates a
  194  charter school, and charter technical career center must file a
  195  copy of its audit report with the sponsoring entity; the local
  196  district school board, if not the sponsoring entity; the Auditor
  197  General; and with the Department of Education.
  198         Section 2. Paragraph (c) of subsection (2), subsection (5),
  199  paragraph (b) of subsection (6), paragraphs (a) and (d) of
  200  subsection (7), paragraphs (d) and (e) of subsection (8),
  201  paragraphs (g) and (n) of subsection (9), paragraph (e) of
  202  subsection (10), subsection (14), paragraph (c) of subsection
  203  (15), subsection (17), paragraph (e) of subsection (18),
  204  subsections (20) and (21), paragraph (a) of subsection (25), and
  205  subsection (28) of section 1002.33, Florida Statutes, are
  206  amended to read:
  207         1002.33 Charter schools.—
  208         (2) GUIDING PRINCIPLES; PURPOSE.—
  209         (c) Charter schools may fulfill the following purposes:
  210         1. Create innovative measurement tools.
  211         2. Provide rigorous competition within the public school
  212  system district to stimulate continual improvement in all public
  213  schools.
  214         3. Expand the capacity of the public school system.
  215         4. Mitigate the educational impact created by the
  216  development of new residential dwelling units.
  217         5. Create new professional opportunities for teachers,
  218  including ownership of the learning program at the school site.
  219         (5) SPONSOR; DUTIES.—
  220         (a) Sponsoring entities.—
  221         1. A district school board may sponsor a charter school in
  222  the county over which the district school board has
  223  jurisdiction.
  224         2. A state university may grant a charter to a lab school
  225  created under s. 1002.32 and shall be considered to be the
  226  school’s sponsor. Such school shall be considered a charter lab
  227  school.
  228         3.Because needs relating to educational capacity,
  229  workforce qualifications, and career education opportunities are
  230  constantly changing and extend beyond school district
  231  boundaries:
  232         a.A state university may, upon approval by the Department
  233  of Education, solicit applications and sponsor a charter school
  234  to meet regional education or workforce demands by serving
  235  students from multiple school districts.
  236         b.A Florida College System institution may, upon approval
  237  by the Department of Education, solicit applications and sponsor
  238  a charter school in any county within its service area to meet
  239  workforce demands and may offer postsecondary programs leading
  240  to industry certifications to eligible charter school students.
  241  A charter school established under subparagraph (b)4. may not be
  242  sponsored by a Florida College System institution until its
  243  existing charter with the school district expires as provided
  244  under subsection (7).
  245         c.Notwithstanding paragraph (6)(b), a state university or
  246  Florida College System institution may, at its discretion, deny
  247  an application for a charter school.
  248         (b) Sponsor duties.—
  249         1.a. The sponsor shall monitor and review the charter
  250  school in its progress toward the goals established in the
  251  charter.
  252         b. The sponsor shall monitor the revenues and expenditures
  253  of the charter school and perform the duties provided in s.
  254  1002.345.
  255         c. The sponsor may approve a charter for a charter school
  256  before the applicant has identified space, equipment, or
  257  personnel, if the applicant indicates approval is necessary for
  258  it to raise working funds.
  259         d. The sponsor shall not apply its policies to a charter
  260  school unless mutually agreed to by both the sponsor and the
  261  charter school. If the sponsor subsequently amends any agreed
  262  upon sponsor policy, the version of the policy in effect at the
  263  time of the execution of the charter, or any subsequent
  264  modification thereof, shall remain in effect and the sponsor may
  265  not hold the charter school responsible for any provision of a
  266  newly revised policy until the revised policy is mutually agreed
  267  upon.
  268         e. The sponsor shall ensure that the charter is innovative
  269  and consistent with the state education goals established by s.
  270  1000.03(5).
  271         f. The sponsor shall ensure that the charter school
  272  participates in the state’s education accountability system. If
  273  a charter school falls short of performance measures included in
  274  the approved charter, the sponsor shall report such shortcomings
  275  to the Department of Education.
  276         g. The sponsor shall not be liable for civil damages under
  277  state law for personal injury, property damage, or death
  278  resulting from an act or omission of an officer, employee,
  279  agent, or governing body of the charter school.
  280         h. The sponsor shall not be liable for civil damages under
  281  state law for any employment actions taken by an officer,
  282  employee, agent, or governing body of the charter school.
  283         i. The sponsor’s duties to monitor the charter school shall
  284  not constitute the basis for a private cause of action.
  285         j. The sponsor shall not impose additional reporting
  286  requirements on a charter school without providing reasonable
  287  and specific justification in writing to the charter school.
  288         k. The sponsor shall submit an annual report to the
  289  Department of Education in a web-based format to be determined
  290  by the department.
  291         (I) The report shall include the following information:
  292         (A) The number of draft applications received on or before
  293  May 1 and each applicant’s contact information.
  294         (B) The number of final applications received on or before
  295  February August 1 and each applicant’s contact information.
  296         (B)(C) The date each application was approved, denied, or
  297  withdrawn.
  298         (C)(D) The date each final contract was executed.
  299         (II) Annually, by November 1 Beginning August 31, 2013, and
  300  each year thereafter, the sponsor shall submit to the department
  301  the information for the applications submitted the previous
  302  year.
  303         (III) The department shall compile an annual report, by
  304  sponsor district, and post the report on its website by January
  305  15 November 1 of each year.
  306         2. Immunity for the sponsor of a charter school under
  307  subparagraph 1. applies only with respect to acts or omissions
  308  not under the sponsor’s direct authority as described in this
  309  section.
  310         3. This paragraph does not waive a sponsor’s district
  311  school board’s sovereign immunity.
  312         4. A Florida College System institution may work with the
  313  school district or school districts in its designated service
  314  area to develop charter schools that offer secondary education.
  315  These charter schools must include an option for students to
  316  receive an associate degree upon high school graduation. If a
  317  Florida College System institution operates an approved teacher
  318  preparation program under s. 1004.04 or s. 1004.85, the
  319  institution may operate no more than one charter schools school
  320  that serve serves students in kindergarten through grade 12 in
  321  any school district within the service area of the institution.
  322  In kindergarten through grade 8, the charter school shall
  323  implement innovative blended learning instructional models in
  324  which, for a given course, a student learns in part through
  325  online delivery of content and instruction with some element of
  326  student control over time, place, path, or pace and in part at a
  327  supervised brick-and-mortar location away from home. A student
  328  in a blended learning course must be a full-time student of the
  329  charter school and receive the online instruction in a classroom
  330  setting at the charter school. District school boards shall
  331  cooperate with and assist the Florida College System institution
  332  on the charter application. Florida College System institution
  333  applications for charter schools are not subject to the time
  334  deadlines outlined in subsection (6) and may be approved by the
  335  district school board at any time during the year. Florida
  336  College System institutions may not report FTE for any students
  337  participating under this subparagraph who receive FTE funding
  338  through the Florida Education Finance Program.
  339         5. A school district may enter into nonexclusive interlocal
  340  agreements with federal and state agencies, counties,
  341  municipalities, and other governmental entities that operate
  342  within the geographical borders of the school district to act on
  343  behalf of such governmental entities in the inspection,
  344  issuance, and other necessary activities for all necessary
  345  permits, licenses, and other permissions that a charter school
  346  needs in order for development, construction, or operation. A
  347  charter school may use, but may not be required to use, a school
  348  district for these services. The interlocal agreement must
  349  include, but need not be limited to, the identification of fees
  350  that charter schools will be charged for such services. The fees
  351  must consist of the governmental entity’s fees plus a fee for
  352  the school district to recover no more than actual costs for
  353  providing such services. These services and fees are not
  354  included within the services to be provided pursuant to
  355  subsection (20).
  356         6.The board of trustees of a sponsoring state university
  357  or Florida College System institution under paragraph (a) is the
  358  local educational agency for all charter schools it sponsors for
  359  purposes of receiving federal funds and accepts full
  360  responsibility for all local educational agency requirements and
  361  the schools for which it will perform local educational agency
  362  responsibilities. A student enrolled in a charter school that is
  363  sponsored by a state university or Florida College System
  364  institution may not be included in the calculation of the school
  365  district’s grade under s. 1008.34(5) for the school district in
  366  which he or she resides.
  367         (c)Sponsor accountability.
  368         1.The department shall, in collaboration with charter
  369  school sponsors and charter school operators, develop a sponsor
  370  evaluation framework that must address, at a minimum:
  371         a.The sponsor’s strategic vision for charter school
  372  authorizing and the sponsor’s progress toward that vision.
  373         b.The alignment of the sponsor’s policies and practices to
  374  best practices for charter school authorizing.
  375         c.The academic and financial performance of all operating
  376  charter schools overseen by the sponsor.
  377         d.The status of charter schools authorized by the sponsor,
  378  including approved, operating, and closed schools.
  379         2.The department shall compile the results by sponsor and
  380  include the results in the report required under sub-sub
  381  subparagraph (b)1.k.(III).
  382         (6) APPLICATION PROCESS AND REVIEW.—Charter school
  383  applications are subject to the following requirements:
  384         (b) A sponsor shall receive and review all applications for
  385  a charter school using the evaluation instrument developed by
  386  the Department of Education. A sponsor shall receive and
  387  consider charter school applications received on or before
  388  August 1 of each calendar year for charter schools to be opened
  389  at the beginning of the school district’s next school year, or
  390  to be opened at a time agreed to by the applicant and the
  391  sponsor. A sponsor may not refuse to receive a charter school
  392  application submitted before August 1 and may receive an
  393  application submitted later than August 1 if it chooses.
  394  Beginning in 2018 and thereafter, A sponsor shall receive and
  395  consider charter school applications received on or before
  396  February 1 of each calendar year for charter schools to be
  397  opened 18 months later at the beginning of the school district’s
  398  school year, or to be opened at a time determined by the
  399  applicant. A sponsor may not refuse to receive a charter school
  400  application submitted before February 1 and may receive an
  401  application submitted later than February 1 if it chooses. A
  402  sponsor may not charge an applicant for a charter any fee for
  403  the processing or consideration of an application, and a sponsor
  404  may not base its consideration or approval of a final
  405  application upon the promise of future payment of any kind.
  406  Before approving or denying any application, the sponsor shall
  407  allow the applicant, upon receipt of written notification, at
  408  least 7 calendar days to make technical or nonsubstantive
  409  corrections and clarifications, including, but not limited to,
  410  corrections of grammatical, typographical, and like errors or
  411  missing signatures, if such errors are identified by the sponsor
  412  as cause to deny the final application.
  413         1. In order to facilitate an accurate budget projection
  414  process, a sponsor shall be held harmless for FTE students who
  415  are not included in the FTE projection due to approval of
  416  charter school applications after the FTE projection deadline.
  417  In a further effort to facilitate an accurate budget projection,
  418  within 15 calendar days after receipt of a charter school
  419  application, a sponsor shall report to the Department of
  420  Education the name of the applicant entity, the proposed charter
  421  school location, and its projected FTE.
  422         2. In order to ensure fiscal responsibility, an application
  423  for a charter school shall include a full accounting of expected
  424  assets, a projection of expected sources and amounts of income,
  425  including income derived from projected student enrollments and
  426  from community support, and an expense projection that includes
  427  full accounting of the costs of operation, including start-up
  428  costs.
  429         3.a. A sponsor shall by a majority vote approve or deny an
  430  application no later than 90 calendar days after the application
  431  is received, unless the sponsor and the applicant mutually agree
  432  in writing to temporarily postpone the vote to a specific date,
  433  at which time the sponsor shall by a majority vote approve or
  434  deny the application. If the sponsor fails to act on the
  435  application, an applicant may appeal to the State Board of
  436  Education as provided in paragraph (c). If an application is
  437  denied, the sponsor shall, within 10 calendar days after such
  438  denial, articulate in writing the specific reasons, based upon
  439  good cause, supporting its denial of the application and shall
  440  provide the letter of denial and supporting documentation to the
  441  applicant and to the Department of Education.
  442         b. An application submitted by a high-performing charter
  443  school identified pursuant to s. 1002.331 or a high-performing
  444  charter school system identified pursuant to s. 1002.332 may be
  445  denied by the sponsor only if the sponsor demonstrates by clear
  446  and convincing evidence that:
  447         (I) The application of a high-performing charter school
  448  does not materially comply with the requirements in paragraph
  449  (a) or, for a high-performing charter school system, the
  450  application does not materially comply with s. 1002.332(2)(b);
  451         (II) The charter school proposed in the application does
  452  not materially comply with the requirements in paragraphs
  453  (9)(a)-(f);
  454         (III) The proposed charter school’s educational program
  455  does not substantially replicate that of the applicant or one of
  456  the applicant’s high-performing charter schools;
  457         (IV) The applicant has made a material misrepresentation or
  458  false statement or concealed an essential or material fact
  459  during the application process; or
  460         (V) The proposed charter school’s educational program and
  461  financial management practices do not materially comply with the
  462  requirements of this section.
  463  
  464  Material noncompliance is a failure to follow requirements or a
  465  violation of prohibitions applicable to charter school
  466  applications, which failure is quantitatively or qualitatively
  467  significant either individually or when aggregated with other
  468  noncompliance. An applicant is considered to be replicating a
  469  high-performing charter school if the proposed school is
  470  substantially similar to at least one of the applicant’s high
  471  performing charter schools and the organization or individuals
  472  involved in the establishment and operation of the proposed
  473  school are significantly involved in the operation of replicated
  474  schools.
  475         c. If the sponsor denies an application submitted by a
  476  high-performing charter school or a high-performing charter
  477  school system, the sponsor must, within 10 calendar days after
  478  such denial, state in writing the specific reasons, based upon
  479  the criteria in sub-subparagraph b., supporting its denial of
  480  the application and must provide the letter of denial and
  481  supporting documentation to the applicant and to the Department
  482  of Education. The applicant may appeal the sponsor’s denial of
  483  the application in accordance with paragraph (c).
  484         4. For budget projection purposes, the sponsor shall report
  485  to the Department of Education the approval or denial of an
  486  application within 10 calendar days after such approval or
  487  denial. In the event of approval, the report to the Department
  488  of Education shall include the final projected FTE for the
  489  approved charter school.
  490         5. Upon approval of an application, the initial startup
  491  shall commence with the beginning of the public school calendar
  492  for the district in which the charter is granted. A charter
  493  school may defer the opening of the school’s operations for up
  494  to 3 years to provide time for adequate facility planning. The
  495  charter school must provide written notice of such intent to the
  496  sponsor and the parents of enrolled students at least 30
  497  calendar days before the first day of school.
  498         (7) CHARTER.—The terms and conditions for the operation of
  499  a charter school shall be set forth by the sponsor and the
  500  applicant in a written contractual agreement, called a charter.
  501  The sponsor and the governing board of the charter school shall
  502  use the standard charter contract pursuant to subsection (21),
  503  which shall incorporate the approved application and any addenda
  504  approved with the application. Any term or condition of a
  505  proposed charter contract that differs from the standard charter
  506  contract adopted by rule of the State Board of Education shall
  507  be presumed a limitation on charter school flexibility. The
  508  sponsor may not impose unreasonable rules or regulations that
  509  violate the intent of giving charter schools greater flexibility
  510  to meet educational goals. The charter shall be signed by the
  511  governing board of the charter school and the sponsor, following
  512  a public hearing to ensure community input.
  513         (a) The charter shall address and criteria for approval of
  514  the charter shall be based on:
  515         1. The school’s mission, the students to be served, and the
  516  ages and grades to be included.
  517         2. The focus of the curriculum, the instructional methods
  518  to be used, any distinctive instructional techniques to be
  519  employed, and identification and acquisition of appropriate
  520  technologies needed to improve educational and administrative
  521  performance which include a means for promoting safe, ethical,
  522  and appropriate uses of technology which comply with legal and
  523  professional standards.
  524         a. The charter shall ensure that reading is a primary focus
  525  of the curriculum and that resources are provided to identify
  526  and provide specialized instruction for students who are reading
  527  below grade level. The curriculum and instructional strategies
  528  for reading must be consistent with the Next Generation Sunshine
  529  State Standards and grounded in scientifically based reading
  530  research.
  531         b. In order to provide students with access to diverse
  532  instructional delivery models, to facilitate the integration of
  533  technology within traditional classroom instruction, and to
  534  provide students with the skills they need to compete in the
  535  21st century economy, the Legislature encourages instructional
  536  methods for blended learning courses consisting of both
  537  traditional classroom and online instructional techniques.
  538  Charter schools may implement blended learning courses which
  539  combine traditional classroom instruction and virtual
  540  instruction. Students in a blended learning course must be full
  541  time students of the charter school pursuant to s.
  542  1011.61(1)(a)1. Instructional personnel certified pursuant to s.
  543  1012.55 who provide virtual instruction for blended learning
  544  courses may be employees of the charter school or may be under
  545  contract to provide instructional services to charter school
  546  students. At a minimum, such instructional personnel must hold
  547  an active state or school district adjunct certification under
  548  s. 1012.57 for the subject area of the blended learning course.
  549  The funding and performance accountability requirements for
  550  blended learning courses are the same as those for traditional
  551  courses.
  552         3. The current incoming baseline standard of student
  553  academic achievement, the outcomes to be achieved, and the
  554  method of measurement that will be used. The criteria listed in
  555  this subparagraph shall include a detailed description of:
  556         a. How the baseline student academic achievement levels and
  557  prior rates of academic progress will be established.
  558         b. How these baseline rates will be compared to rates of
  559  academic progress achieved by these same students while
  560  attending the charter school.
  561         c. To the extent possible, how these rates of progress will
  562  be evaluated and compared with rates of progress of other
  563  closely comparable student populations.
  564  
  565  A The district school board is required to provide academic
  566  student performance data to charter schools for each of their
  567  students coming from the district school system, as well as
  568  rates of academic progress of comparable student populations in
  569  the district school system.
  570         4. The methods used to identify the educational strengths
  571  and needs of students and how well educational goals and
  572  performance standards are met by students attending the charter
  573  school. The methods shall provide a means for the charter school
  574  to ensure accountability to its constituents by analyzing
  575  student performance data and by evaluating the effectiveness and
  576  efficiency of its major educational programs. Students in
  577  charter schools shall, at a minimum, participate in the
  578  statewide assessment program created under s. 1008.22.
  579         5. In secondary charter schools, a method for determining
  580  that a student has satisfied the requirements for graduation in
  581  s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
  582         6. A method for resolving conflicts between the governing
  583  board of the charter school and the sponsor.
  584         7. The admissions procedures and dismissal procedures,
  585  including the school’s code of student conduct. Admission or
  586  dismissal must not be based on a student’s academic performance.
  587         8. The ways by which the school will achieve a
  588  racial/ethnic balance reflective of the community it serves or
  589  within the racial/ethnic range of other nearby public schools in
  590  the same school district.
  591         9. The financial and administrative management of the
  592  school, including a reasonable demonstration of the professional
  593  experience or competence of those individuals or organizations
  594  applying to operate the charter school or those hired or
  595  retained to perform such professional services and the
  596  description of clearly delineated responsibilities and the
  597  policies and practices needed to effectively manage the charter
  598  school. A description of internal audit procedures and
  599  establishment of controls to ensure that financial resources are
  600  properly managed must be included. Both public sector and
  601  private sector professional experience shall be equally valid in
  602  such a consideration.
  603         10. The asset and liability projections required in the
  604  application which are incorporated into the charter and shall be
  605  compared with information provided in the annual report of the
  606  charter school.
  607         11. A description of procedures that identify various risks
  608  and provide for a comprehensive approach to reduce the impact of
  609  losses; plans to ensure the safety and security of students and
  610  staff; plans to identify, minimize, and protect others from
  611  violent or disruptive student behavior; and the manner in which
  612  the school will be insured, including whether or not the school
  613  will be required to have liability insurance, and, if so, the
  614  terms and conditions thereof and the amounts of coverage.
  615         12. The term of the charter which shall provide for
  616  cancellation of the charter if insufficient progress has been
  617  made in attaining the student achievement objectives of the
  618  charter and if it is not likely that such objectives can be
  619  achieved before expiration of the charter. The initial term of a
  620  charter shall be for 5 years, excluding 2 planning years. In
  621  order to facilitate access to long-term financial resources for
  622  charter school construction, charter schools that are operated
  623  by a municipality or other public entity as provided by law are
  624  eligible for up to a 15-year charter, subject to approval by the
  625  sponsor district school board. A charter lab school is eligible
  626  for a charter for a term of up to 15 years. In addition, to
  627  facilitate access to long-term financial resources for charter
  628  school construction, charter schools that are operated by a
  629  private, not-for-profit, s. 501(c)(3) status corporation are
  630  eligible for up to a 15-year charter, subject to approval by the
  631  sponsor district school board. Such long-term charters remain
  632  subject to annual review and may be terminated during the term
  633  of the charter, but only according to the provisions set forth
  634  in subsection (8).
  635         13. The facilities to be used and their location. The
  636  sponsor may not require a charter school to have a certificate
  637  of occupancy or a temporary certificate of occupancy for such a
  638  facility earlier than 15 calendar days before the first day of
  639  school.
  640         14. The qualifications to be required of the teachers and
  641  the potential strategies used to recruit, hire, train, and
  642  retain qualified staff to achieve best value.
  643         15. The governance structure of the school, including the
  644  status of the charter school as a public or private employer as
  645  required in paragraph (12)(i).
  646         16. A timetable for implementing the charter which
  647  addresses the implementation of each element thereof and the
  648  date by which the charter shall be awarded in order to meet this
  649  timetable.
  650         17. In the case of an existing public school that is being
  651  converted to charter status, alternative arrangements for
  652  current students who choose not to attend the charter school and
  653  for current teachers who choose not to teach in the charter
  654  school after conversion in accordance with the existing
  655  collective bargaining agreement or district school board rule in
  656  the absence of a collective bargaining agreement. However,
  657  alternative arrangements shall not be required for current
  658  teachers who choose not to teach in a charter lab school, except
  659  as authorized by the employment policies of the state university
  660  which grants the charter to the lab school.
  661         18. Full disclosure of the identity of all relatives
  662  employed by the charter school who are related to the charter
  663  school owner, president, chairperson of the governing board of
  664  directors, superintendent, governing board member, principal,
  665  assistant principal, or any other person employed by the charter
  666  school who has equivalent decisionmaking authority. For the
  667  purpose of this subparagraph, the term “relative” means father,
  668  mother, son, daughter, brother, sister, uncle, aunt, first
  669  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  670  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  671  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  672  stepsister, half brother, or half sister.
  673         19. Implementation of the activities authorized under s.
  674  1002.331 by the charter school when it satisfies the eligibility
  675  requirements for a high-performing charter school. A high
  676  performing charter school shall notify its sponsor in writing by
  677  March 1 if it intends to increase enrollment or expand grade
  678  levels the following school year. The written notice shall
  679  specify the amount of the enrollment increase and the grade
  680  levels that will be added, as applicable.
  681         (d) A charter may be modified during its initial term or
  682  any renewal term upon the recommendation of the sponsor or the
  683  charter school’s governing board and the approval of both
  684  parties to the agreement. Modification during any term may
  685  include, but is not limited to, consolidation of multiple
  686  charters into a single charter if the charters are operated
  687  under the same governing board, regardless of the renewal cycle.
  688  A charter school that is not subject to a school improvement
  689  plan and that closes as part of a consolidation shall be
  690  reported by the sponsor school district as a consolidation.
  691         (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.—
  692         (d) When a charter is not renewed or is terminated, the
  693  school shall be dissolved under the provisions of law under
  694  which the school was organized, and any unencumbered public
  695  funds, except for capital outlay funds and federal charter
  696  school program grant funds, from the charter school shall revert
  697  to the sponsor. Capital outlay funds provided pursuant to s.
  698  1013.62 and federal charter school program grant funds that are
  699  unencumbered shall revert to the department to be redistributed
  700  among eligible charter schools. In the event a charter school is
  701  dissolved or is otherwise terminated, all sponsor district
  702  school board property and improvements, furnishings, and
  703  equipment purchased with public funds shall automatically revert
  704  to full ownership by the sponsor district school board, subject
  705  to complete satisfaction of any lawful liens or encumbrances.
  706  Any unencumbered public funds from the charter school, district
  707  school board property and improvements, furnishings, and
  708  equipment purchased with public funds, or financial or other
  709  records pertaining to the charter school, in the possession of
  710  any person, entity, or holding company, other than the charter
  711  school, shall be held in trust upon the sponsor’s district
  712  school board’s request, until any appeal status is resolved.
  713         (e) If a charter is not renewed or is terminated, the
  714  charter school is responsible for all debts of the charter
  715  school. The sponsor district may not assume the debt from any
  716  contract made between the governing body of the school and a
  717  third party, except for a debt that is previously detailed and
  718  agreed upon in writing by both the sponsor district and the
  719  governing body of the school and that may not reasonably be
  720  assumed to have been satisfied by the sponsor district.
  721         (9) CHARTER SCHOOL REQUIREMENTS.—
  722         (g)1. In order to provide financial information that is
  723  comparable to that reported for other public schools, charter
  724  schools are to maintain all financial records that constitute
  725  their accounting system:
  726         a. In accordance with the accounts and codes prescribed in
  727  the most recent issuance of the publication titled “Financial
  728  and Program Cost Accounting and Reporting for Florida Schools”;
  729  or
  730         b. At the discretion of the charter school’s governing
  731  board, a charter school may elect to follow generally accepted
  732  accounting standards for not-for-profit organizations, but must
  733  reformat this information for reporting according to this
  734  paragraph.
  735         2. Charter schools shall provide annual financial report
  736  and program cost report information in the state-required
  737  formats for inclusion in sponsor district reporting in
  738  compliance with s. 1011.60(1). Charter schools that are operated
  739  by a municipality or are a component unit of a parent nonprofit
  740  organization may use the accounting system of the municipality
  741  or the parent but must reformat this information for reporting
  742  according to this paragraph.
  743         3. A charter school shall, upon approval of the charter
  744  contract, provide the sponsor with a concise, uniform, monthly
  745  financial statement summary sheet that contains a balance sheet
  746  and a statement of revenue, expenditures, and changes in fund
  747  balance. The balance sheet and the statement of revenue,
  748  expenditures, and changes in fund balance shall be in the
  749  governmental funds format prescribed by the Governmental
  750  Accounting Standards Board. A high-performing charter school
  751  pursuant to s. 1002.331 may provide a quarterly financial
  752  statement in the same format and requirements as the uniform
  753  monthly financial statement summary sheet. The sponsor shall
  754  review each monthly or quarterly financial statement to identify
  755  the existence of any conditions identified in s. 1002.345(1)(a).
  756         4. A charter school shall maintain and provide financial
  757  information as required in this paragraph. The financial
  758  statement required in subparagraph 3. must be in a form
  759  prescribed by the Department of Education.
  760         (n)1. The director and a representative of the governing
  761  board of a charter school that has earned a grade of “D” or “F”
  762  pursuant to s. 1008.34 shall appear before the sponsor to
  763  present information concerning each contract component having
  764  noted deficiencies. The director and a representative of the
  765  governing board shall submit to the sponsor for approval a
  766  school improvement plan to raise student performance. Upon
  767  approval by the sponsor, the charter school shall begin
  768  implementation of the school improvement plan. The department
  769  shall offer technical assistance and training to the charter
  770  school and its governing board and establish guidelines for
  771  developing, submitting, and approving such plans.
  772         2.a. If a charter school earns three consecutive grades
  773  below a “C,” the charter school governing board shall choose one
  774  of the following corrective actions:
  775         (I) Contract for educational services to be provided
  776  directly to students, instructional personnel, and school
  777  administrators, as prescribed in state board rule;
  778         (II) Contract with an outside entity that has a
  779  demonstrated record of effectiveness to operate the school;
  780         (III) Reorganize the school under a new director or
  781  principal who is authorized to hire new staff; or
  782         (IV) Voluntarily close the charter school.
  783         b. The charter school must implement the corrective action
  784  in the school year following receipt of a third consecutive
  785  grade below a “C.”
  786         c. The sponsor may annually waive a corrective action if it
  787  determines that the charter school is likely to improve a letter
  788  grade if additional time is provided to implement the
  789  intervention and support strategies prescribed by the school
  790  improvement plan. Notwithstanding this sub-subparagraph, a
  791  charter school that earns a second consecutive grade of “F” is
  792  subject to subparagraph 3.
  793         d. A charter school is no longer required to implement a
  794  corrective action if it improves to a “C” or higher. However,
  795  the charter school must continue to implement strategies
  796  identified in the school improvement plan. The sponsor must
  797  annually review implementation of the school improvement plan to
  798  monitor the school’s continued improvement pursuant to
  799  subparagraph 4.
  800         e. A charter school implementing a corrective action that
  801  does not improve to a “C” or higher after 2 full school years of
  802  implementing the corrective action must select a different
  803  corrective action. Implementation of the new corrective action
  804  must begin in the school year following the implementation
  805  period of the existing corrective action, unless the sponsor
  806  determines that the charter school is likely to improve to a “C”
  807  or higher if additional time is provided to implement the
  808  existing corrective action. Notwithstanding this sub
  809  subparagraph, a charter school that earns a second consecutive
  810  grade of “F” while implementing a corrective action is subject
  811  to subparagraph 3.
  812         3. A charter school’s charter contract is automatically
  813  terminated if the school earns two consecutive grades of “F”
  814  after all school grade appeals are final unless:
  815         a. The charter school is established to turn around the
  816  performance of a district public school pursuant to s.
  817  1008.33(4)(b)2. Such charter schools shall be governed by s.
  818  1008.33;
  819         b. The charter school serves a student population the
  820  majority of which resides in a school zone served by a district
  821  public school subject to s. 1008.33(4) and the charter school
  822  earns at least a grade of “D” in its third year of operation.
  823  The exception provided under this sub-subparagraph does not
  824  apply to a charter school in its fourth year of operation and
  825  thereafter; or
  826         c. The state board grants the charter school a waiver of
  827  termination. The charter school must request the waiver within
  828  15 days after the department’s official release of school
  829  grades. The state board may waive termination if the charter
  830  school demonstrates that the Learning Gains of its students on
  831  statewide assessments are comparable to or better than the
  832  Learning Gains of similarly situated students enrolled in nearby
  833  district public schools. The waiver is valid for 1 year and may
  834  only be granted once. Charter schools that have been in
  835  operation for more than 5 years are not eligible for a waiver
  836  under this sub-subparagraph.
  837  
  838  The sponsor shall notify the charter school’s governing board,
  839  the charter school principal, and the department in writing when
  840  a charter contract is terminated under this subparagraph. A
  841  charter terminated under this subparagraph must follow the
  842  procedures for dissolution and reversion of public funds
  843  pursuant to paragraphs (8)(d)-(f) and (9)(o).
  844         4. The director and a representative of the governing board
  845  of a graded charter school that has implemented a school
  846  improvement plan under this paragraph shall appear before the
  847  sponsor at least once a year to present information regarding
  848  the progress of intervention and support strategies implemented
  849  by the school pursuant to the school improvement plan and
  850  corrective actions, if applicable. The sponsor shall communicate
  851  at the meeting, and in writing to the director, the services
  852  provided to the school to help the school address its
  853  deficiencies.
  854         5. Notwithstanding any provision of this paragraph except
  855  sub-subparagraphs 3.a.-c., the sponsor may terminate the charter
  856  at any time pursuant to subsection (8).
  857         (10) ELIGIBLE STUDENTS.—
  858         (e) A charter school may limit the enrollment process only
  859  to target the following student populations:
  860         1. Students within specific age groups or grade levels.
  861         2. Students considered at risk of dropping out of school or
  862  academic failure. Such students shall include exceptional
  863  education students.
  864         3. Students enrolling in a charter school-in-the-workplace
  865  or charter school-in-a-municipality established pursuant to
  866  subsection (15).
  867         4. Students residing within a reasonable distance of the
  868  charter school, as described in paragraph (20)(c). Such students
  869  shall be subject to a random lottery and to the racial/ethnic
  870  balance provisions described in subparagraph (7)(a)8. or any
  871  federal provisions that require a school to achieve a
  872  racial/ethnic balance reflective of the community it serves or
  873  within the racial/ethnic range of other nearby public schools in
  874  the same school district.
  875         5. Students who meet reasonable academic, artistic, or
  876  other eligibility standards established by the charter school
  877  and included in the charter school application and charter or,
  878  in the case of existing charter schools, standards that are
  879  consistent with the school’s mission and purpose. Such standards
  880  shall be in accordance with current state law and practice in
  881  public schools and may not discriminate against otherwise
  882  qualified individuals.
  883         6. Students articulating from one charter school to another
  884  pursuant to an articulation agreement between the charter
  885  schools that has been approved by the sponsor.
  886         7. Students living in a development in which a developer,
  887  including any affiliated business entity or charitable
  888  foundation, contributes to the formation, acquisition,
  889  construction, or operation of one or more charter schools or
  890  charter provides the school facilities facility and related
  891  property in an amount equal to or having a total an appraised
  892  value of at least $5 million to be used as a charter schools
  893  school to mitigate the educational impact created by the
  894  development of new residential dwelling units. Students living
  895  in the development are shall be entitled to no more than 50
  896  percent of the student stations in the charter schools school.
  897  The students who are eligible for enrollment are subject to a
  898  random lottery, the racial/ethnic balance provisions, or any
  899  federal provisions, as described in subparagraph 4. The
  900  remainder of the student stations must shall be filled in
  901  accordance with subparagraph 4.
  902         (14) CHARTER SCHOOL FINANCIAL ARRANGEMENTS; INDEMNIFICATION
  903  OF THE STATE AND SPONSOR SCHOOL DISTRICT; CREDIT OR TAXING POWER
  904  NOT TO BE PLEDGED.—Any arrangement entered into to borrow or
  905  otherwise secure funds for a charter school authorized in this
  906  section from a source other than the state or a sponsor school
  907  district shall indemnify the state and the sponsor school
  908  district from any and all liability, including, but not limited
  909  to, financial responsibility for the payment of the principal or
  910  interest. Any loans, bonds, or other financial agreements are
  911  not obligations of the state or the sponsor school district but
  912  are obligations of the charter school authority and are payable
  913  solely from the sources of funds pledged by such agreement. The
  914  credit or taxing power of the state or the sponsor school
  915  district shall not be pledged and no debts shall be payable out
  916  of any moneys except those of the legal entity in possession of
  917  a valid charter approved by a sponsor district school board
  918  pursuant to this section.
  919         (15) CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER SCHOOLS-IN
  920  A-MUNICIPALITY.—
  921         (c) A charter school-in-a-municipality designation may be
  922  granted to a municipality that possesses a charter; enrolls
  923  students based upon a random lottery that involves all of the
  924  children of the residents of that municipality who are seeking
  925  enrollment, as provided for in subsection (10); and enrolls
  926  students according to the racial/ethnic balance provisions
  927  described in subparagraph (7)(a)8. When a municipality has
  928  submitted charter applications for the establishment of a
  929  charter school feeder pattern, consisting of elementary, middle,
  930  and senior high schools, and each individual charter application
  931  is approved by the sponsor district school board, such schools
  932  shall then be designated as one charter school for all purposes
  933  listed pursuant to this section. Any portion of the land and
  934  facility used for a public charter school shall be exempt from
  935  ad valorem taxes, as provided for in s. 1013.54, for the
  936  duration of its use as a public school.
  937         (17) FUNDING.—Students enrolled in a charter school,
  938  regardless of the sponsorship, shall be funded as if they are in
  939  a basic program or a special program, the same as students
  940  enrolled in other public schools in a the school district.
  941  Funding for a charter lab school shall be as provided in s.
  942  1002.32.
  943         (a) Each charter school shall report its student enrollment
  944  to the sponsor as required in s. 1011.62, and in accordance with
  945  the definitions in s. 1011.61. The sponsor shall include each
  946  charter school’s enrollment in the sponsor’s district’s report
  947  of student enrollment. All charter schools submitting student
  948  record information required by the Department of Education shall
  949  comply with the Department of Education’s guidelines for
  950  electronic data formats for such data, and all sponsors
  951  districts shall accept electronic data that complies with the
  952  Department of Education’s electronic format.
  953         (b)1. The basis for the agreement for funding students
  954  enrolled in a charter school shall be the sum of the school
  955  district’s operating funds from the Florida Education Finance
  956  Program as provided in s. 1011.62 and the General Appropriations
  957  Act, including gross state and local funds, discretionary
  958  lottery funds, and funds from the school district’s current
  959  operating discretionary millage levy; divided by total funded
  960  weighted full-time equivalent students in the school district;
  961  and multiplied by the weighted full-time equivalent students for
  962  the charter school. Charter schools whose students or programs
  963  meet the eligibility criteria in law are entitled to their
  964  proportionate share of categorical program funds included in the
  965  total funds available in the Florida Education Finance Program
  966  by the Legislature, including transportation, the research-based
  967  reading allocation, and the Florida digital classrooms
  968  allocation. Total funding for each charter school shall be
  969  recalculated during the year to reflect the revised calculations
  970  under the Florida Education Finance Program by the state and the
  971  actual weighted full-time equivalent students reported by the
  972  charter school during the full-time equivalent student survey
  973  periods designated by the Commissioner of Education. For charter
  974  schools operated by a not-for-profit or municipal entity, any
  975  unrestricted current and capital assets identified in the
  976  charter school’s annual financial audit may be used for other
  977  charter schools operated by the not-for-profit or municipal
  978  entity within the school district. Unrestricted current assets
  979  shall be used in accordance with s. 1011.62, and any
  980  unrestricted capital assets shall be used in accordance with s.
  981  1013.62(2).
  982         2.a.Students enrolled in a charter school sponsored by a
  983  state university or Florida College System institution pursuant
  984  to paragraph (5)(a) shall be funded as if they are in a basic
  985  program or a special program in the school district. The basis
  986  for funding these students is the sum of the total operating
  987  funds from the Florida Education Finance Program for the school
  988  district in which the school is located as provided in s.
  989  1011.62 and the General Appropriations Act, including gross
  990  state and local funds, discretionary lottery funds, and funds
  991  from each school district’s current operating discretionary
  992  millage levy, divided by total funded weighted full-time
  993  equivalent students in the district, and multiplied by the full
  994  time equivalent membership of the charter school. The Department
  995  of Education shall develop a tool that each state university or
  996  Florida College System institution sponsoring a charter school
  997  shall use for purposes of calculating the funding amount for
  998  each eligible charter school student. The total amount obtained
  999  from the calculation must be appropriated from state funds in
 1000  the General Appropriations Act to the charter school.
 1001         b.Capital outlay funding for a charter school sponsored by
 1002  a state university or Florida College System institution
 1003  pursuant to paragraph (5)(a) is determined pursuant to s.
 1004  1013.62 and the General Appropriations Act.
 1005         (c) Pursuant to 20 U.S.C. 8061 s. 10306, all charter
 1006  schools shall receive all federal funding for which the school
 1007  is otherwise eligible, including Title I funding, not later than
 1008  5 months after the charter school first opens and within 5
 1009  months after any subsequent expansion of enrollment. Unless
 1010  otherwise mutually agreed to by the charter school and its
 1011  sponsor, and consistent with state and federal rules and
 1012  regulations governing the use and disbursement of federal funds,
 1013  the sponsor shall reimburse the charter school on a monthly
 1014  basis for all invoices submitted by the charter school for
 1015  federal funds available to the sponsor for the benefit of the
 1016  charter school, the charter school’s students, and the charter
 1017  school’s students as public school students in the school
 1018  district. Such federal funds include, but are not limited to,
 1019  Title I, Title II, and Individuals with Disabilities Education
 1020  Act (IDEA) funds. To receive timely reimbursement for an
 1021  invoice, the charter school must submit the invoice to the
 1022  sponsor at least 30 days before the monthly date of
 1023  reimbursement set by the sponsor. In order to be reimbursed, any
 1024  expenditures made by the charter school must comply with all
 1025  applicable state rules and federal regulations, including, but
 1026  not limited to, the applicable federal Office of Management and
 1027  Budget Circulars; the federal Education Department General
 1028  Administrative Regulations; and program-specific statutes,
 1029  rules, and regulations. Such funds may not be made available to
 1030  the charter school until a plan is submitted to the sponsor for
 1031  approval of the use of the funds in accordance with applicable
 1032  federal requirements. The sponsor has 30 days to review and
 1033  approve any plan submitted pursuant to this paragraph.
 1034         (d) Charter schools shall be included by the Department of
 1035  Education and the district school board in requests for federal
 1036  stimulus funds in the same manner as district school board
 1037  operated public schools, including Title I and IDEA funds and
 1038  shall be entitled to receive such funds. Charter schools are
 1039  eligible to participate in federal competitive grants that are
 1040  available as part of the federal stimulus funds.
 1041         (e) Sponsors District school boards shall make timely and
 1042  efficient payment and reimbursement to charter schools,
 1043  including processing paperwork required to access special state
 1044  and federal funding for which they may be eligible. Payments of
 1045  funds under paragraph (b) shall be made monthly or twice a
 1046  month, beginning with the start of the sponsor’s district school
 1047  board’s fiscal year. Each payment shall be one-twelfth, or one
 1048  twenty-fourth, as applicable, of the total state and local funds
 1049  described in paragraph (b) and adjusted as set forth therein.
 1050  For the first 2 years of a charter school’s operation, if a
 1051  minimum of 75 percent of the projected enrollment is entered
 1052  into the sponsor’s student information system by the first day
 1053  of the current month, the sponsor district school board shall
 1054  distribute funds to the school for the months of July through
 1055  October based on the projected full-time equivalent student
 1056  membership of the charter school as submitted in the approved
 1057  application. If less than 75 percent of the projected enrollment
 1058  is entered into the sponsor’s student information system by the
 1059  first day of the current month, the sponsor shall base payments
 1060  on the actual number of student enrollment entered into the
 1061  sponsor’s student information system. Thereafter, the results of
 1062  full-time equivalent student membership surveys shall be used in
 1063  adjusting the amount of funds distributed monthly to the charter
 1064  school for the remainder of the fiscal year. The payments shall
 1065  be issued no later than 10 working days after the sponsor
 1066  district school board receives a distribution of state or
 1067  federal funds or the date the payment is due pursuant to this
 1068  subsection. If a warrant for payment is not issued within 10
 1069  working days after receipt of funding by the sponsor district
 1070  school board, the sponsor school district shall pay to the
 1071  charter school, in addition to the amount of the scheduled
 1072  disbursement, interest at a rate of 1 percent per month
 1073  calculated on a daily basis on the unpaid balance from the
 1074  expiration of the 10 working days until such time as the warrant
 1075  is issued. The district school board may not delay payment to a
 1076  charter school of any portion of the funds provided in paragraph
 1077  (b) based on the timing of receipt of local funds by the
 1078  district school board.
 1079         (f) Funding for a virtual charter school shall be as
 1080  provided in s. 1002.45(7).
 1081         (g) To be eligible for public education capital outlay
 1082  (PECO) funds, a charter school must be located in the State of
 1083  Florida.
 1084         (h) A charter school that implements a schoolwide standard
 1085  student attire policy pursuant to s. 1011.78 is eligible to
 1086  receive incentive payments.
 1087         (18) FACILITIES.—
 1088         (e) If a district school board facility or property is
 1089  available because it is surplus, marked for disposal, or
 1090  otherwise unused, it shall be provided for a charter school’s
 1091  use on the same basis as it is made available to other public
 1092  schools in the district. A charter school receiving property
 1093  from the sponsor school district may not sell or dispose of such
 1094  property without written permission of the sponsor school
 1095  district. Similarly, for an existing public school converting to
 1096  charter status, no rental or leasing fee for the existing
 1097  facility or for the property normally inventoried to the
 1098  conversion school may be charged by the district school board to
 1099  the parents and teachers organizing the charter school. The
 1100  charter school shall agree to reasonable maintenance provisions
 1101  in order to maintain the facility in a manner similar to
 1102  district school board standards. The Public Education Capital
 1103  Outlay maintenance funds or any other maintenance funds
 1104  generated by the facility operated as a conversion school shall
 1105  remain with the conversion school.
 1106         (20) SERVICES.—
 1107         (a)1. A sponsor shall provide certain administrative and
 1108  educational services to charter schools. These services shall
 1109  include contract management services; full-time equivalent and
 1110  data reporting services; exceptional student education
 1111  administration services; services related to eligibility and
 1112  reporting duties required to ensure that school lunch services
 1113  under the National School Lunch Program, consistent with the
 1114  needs of the charter school, are provided by the sponsor school
 1115  district at the request of the charter school, that any funds
 1116  due to the charter school under the National School Lunch
 1117  Program be paid to the charter school as soon as the charter
 1118  school begins serving food under the National School Lunch
 1119  Program, and that the charter school is paid at the same time
 1120  and in the same manner under the National School Lunch Program
 1121  as other public schools serviced by the sponsor or the school
 1122  district; test administration services, including payment of the
 1123  costs of state-required or district-required student
 1124  assessments; processing of teacher certificate data services;
 1125  and information services, including equal access to the
 1126  sponsor’s student information systems that are used by public
 1127  schools in the district in which the charter school is located
 1128  or by schools in the sponsor’s portfolio of charter schools if
 1129  the sponsor is not a school district. Student performance data
 1130  for each student in a charter school, including, but not limited
 1131  to, FCAT scores, standardized test scores, previous public
 1132  school student report cards, and student performance measures,
 1133  shall be provided by the sponsor to a charter school in the same
 1134  manner provided to other public schools in the district or by
 1135  schools in the sponsor’s portfolio of charter schools if the
 1136  sponsor is not a school district.
 1137         2. A sponsor may withhold an administrative fee for the
 1138  provision of such services which shall be a percentage of the
 1139  available funds defined in paragraph (17)(b) calculated based on
 1140  weighted full-time equivalent students. If the charter school
 1141  serves 75 percent or more exceptional education students as
 1142  defined in s. 1003.01(3), the percentage shall be calculated
 1143  based on unweighted full-time equivalent students. The
 1144  administrative fee shall be calculated as follows:
 1145         a. Up to 5 percent for:
 1146         (I) Enrollment of up to and including 250 students in a
 1147  charter school as defined in this section.
 1148         (II) Enrollment of up to and including 500 students within
 1149  a charter school system which meets all of the following:
 1150         (A) Includes conversion charter schools and nonconversion
 1151  charter schools.
 1152         (B) Has all of its schools located in the same county.
 1153         (C) Has a total enrollment exceeding the total enrollment
 1154  of at least one school district in the state.
 1155         (D) Has the same governing board for all of its schools.
 1156         (E) Does not contract with a for-profit service provider
 1157  for management of school operations.
 1158         (III) Enrollment of up to and including 250 students in a
 1159  virtual charter school.
 1160         b. Up to 2 percent for enrollment of up to and including
 1161  250 students in a high-performing charter school as defined in
 1162  s. 1002.331.
 1163         c. Up to 2 percent for enrollment of up to and including
 1164  250 students in an exceptional student education center that
 1165  meets the requirements of the rules adopted by the State Board
 1166  of Education pursuant to s. 1008.3415(3).
 1167         3. A sponsor may not charge charter schools any additional
 1168  fees or surcharges for administrative and educational services
 1169  in addition to the maximum percentage of administrative fees
 1170  withheld pursuant to this paragraph.
 1171         4. A sponsor shall provide to the department by September
 1172  15 of each year the total amount of funding withheld from
 1173  charter schools pursuant to this subsection for the prior fiscal
 1174  year. The department must include the information in the report
 1175  required under sub-sub-subparagraph (5)(b)1.k.(III).
 1176         (b) If goods and services are made available to the charter
 1177  school through the contract with the sponsor school district,
 1178  they shall be provided to the charter school at a rate no
 1179  greater than the sponsor’s district’s actual cost unless
 1180  mutually agreed upon by the charter school and the sponsor in a
 1181  contract negotiated separately from the charter. When mediation
 1182  has failed to resolve disputes over contracted services or
 1183  contractual matters not included in the charter, an appeal may
 1184  be made to an administrative law judge appointed by the Division
 1185  of Administrative Hearings. The administrative law judge has
 1186  final order authority to rule on the dispute. The administrative
 1187  law judge shall award the prevailing party reasonable attorney
 1188  fees and costs incurred during the mediation process,
 1189  administrative proceeding, and any appeals, to be paid by the
 1190  party whom the administrative law judge rules against. To
 1191  maximize the use of state funds, sponsors school districts shall
 1192  allow charter schools to participate in the sponsor’s bulk
 1193  purchasing program if applicable.
 1194         (c) Transportation of charter school students shall be
 1195  provided by the charter school consistent with the requirements
 1196  of subpart I.E. of chapter 1006 and s. 1012.45. The governing
 1197  body of the charter school may provide transportation through an
 1198  agreement or contract with the sponsor district school board, a
 1199  private provider, or parents. The charter school and the sponsor
 1200  shall cooperate in making arrangements that ensure that
 1201  transportation is not a barrier to equal access for all students
 1202  residing within a reasonable distance of the charter school as
 1203  determined in its charter.
 1204         (d) Each charter school shall annually complete and submit
 1205  a survey, provided in a format specified by the Department of
 1206  Education, to rate the timeliness and quality of services
 1207  provided by the sponsor district in accordance with this
 1208  section. The department shall compile the results, by sponsor
 1209  district, and include the results in the report required under
 1210  sub-sub-subparagraph (5)(b)1.k.(III).
 1211         (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.—
 1212         (a) The Department of Education shall provide information
 1213  to the public, directly and through sponsors, on how to form and
 1214  operate a charter school and how to enroll in a charter school
 1215  once it is created. This information shall include the standard
 1216  application form, standard charter contract, standard evaluation
 1217  instrument, and standard charter renewal contract, which shall
 1218  include the information specified in subsection (7) and shall be
 1219  developed by consulting and negotiating with both sponsors
 1220  school districts and charter schools before implementation. The
 1221  charter and charter renewal contracts shall be used by charter
 1222  school sponsors.
 1223         (b)1. The Department of Education shall report to each
 1224  charter school receiving a school grade pursuant to s. 1008.34
 1225  or a school improvement rating pursuant to s. 1008.341 the
 1226  school’s student assessment data.
 1227         2. The charter school shall report the information in
 1228  subparagraph 1. to each parent of a student at the charter
 1229  school, the parent of a child on a waiting list for the charter
 1230  school, the sponsor district in which the charter school is
 1231  located, and the governing board of the charter school. This
 1232  paragraph does not abrogate the provisions of s. 1002.22,
 1233  relating to student records, or the requirements of 20 U.S.C. s.
 1234  1232g, the Family Educational Rights and Privacy Act.
 1235         (25) LOCAL EDUCATIONAL AGENCY STATUS FOR CERTAIN CHARTER
 1236  SCHOOL SYSTEMS.—
 1237         (a) A charter school system’s governing board shall be
 1238  designated a local educational agency for the purpose of
 1239  receiving federal funds, the same as though the charter school
 1240  system were a school district, if the governing board of the
 1241  charter school system has adopted and filed a resolution with
 1242  its sponsor sponsoring district school board and the Department
 1243  of Education in which the governing board of the charter school
 1244  system accepts the full responsibility for all local education
 1245  agency requirements and the charter school system meets all of
 1246  the following:
 1247         1. Has all schools located in the same county;
 1248         2. Has a total enrollment exceeding the total enrollment of
 1249  at least one school district in the state; and
 1250         3. Has the same governing board.
 1251  
 1252  Such designation does not apply to other provisions unless
 1253  specifically provided in law.
 1254         (28) RULEMAKING.—The Department of Education, after
 1255  consultation with sponsors school districts and charter school
 1256  directors, shall recommend that the State Board of Education
 1257  adopt rules to implement specific subsections of this section.
 1258  Such rules shall require minimum paperwork and shall not limit
 1259  charter school flexibility authorized by statute. The State
 1260  Board of Education shall adopt rules, pursuant to ss. 120.536(1)
 1261  and 120.54, to implement a standard charter application form,
 1262  standard application form for the replication of charter schools
 1263  in a high-performing charter school system, standard evaluation
 1264  instrument, and standard charter and charter renewal contracts
 1265  in accordance with this section.
 1266         Section 3. Paragraph (b) of subsection (3) of section
 1267  1002.331, Florida Statutes, is amended to read:
 1268         1002.331 High-performing charter schools.—
 1269         (3)
 1270         (b) A high-performing charter school may submit not
 1271  establish more than two applications for a charter school
 1272  schools within the state under paragraph (a) to be opened at a
 1273  time determined by the high-performing charter school in any
 1274  year. A subsequent application to establish a charter school
 1275  under paragraph (a) may not be submitted unless each charter
 1276  school applicant commences operations or an application is
 1277  otherwise withdrawn established in this manner achieves high
 1278  performing charter school status. However, a high-performing
 1279  charter school may establish more than one charter school within
 1280  the state under paragraph (a) in any year if it operates in the
 1281  area of a persistently low-performing school and serves students
 1282  from that school. This paragraph applies to any high-performing
 1283  charter school with an existing approved application.
 1284         Section 4. Paragraph (c) of subsection (1), paragraphs (g)
 1285  and (h) of subsection (6), paragraph (d) of subsection (7), and
 1286  paragraph (b) of subsection (10) of section 1002.333, Florida
 1287  Statutes, are amended to read:
 1288         1002.333 Persistently low-performing schools.—
 1289         (1) DEFINITIONS.—As used in this section, the term:
 1290         (c) “Persistently low-performing school” means a school
 1291  that has earned three grades lower than a “C,” pursuant to s.
 1292  1008.34, in at least 3 of the previous 5 years that the school
 1293  received a grade and has not earned a grade of “B” or higher in
 1294  the most recent 2 school years, and a school that was closed
 1295  pursuant to s. 1008.33(4) within 2 years after the submission of
 1296  a notice of intent.
 1297         (6) STATUTORY AUTHORITY.—
 1298         (g) Each school of hope that has not been designated as a
 1299  local education agency shall report its students to the school
 1300  district as required in s. 1011.62, and in accordance with the
 1301  definitions in s. 1011.61. The school district shall include
 1302  each charter school’s enrollment in the district’s report of
 1303  student enrollment. A school of hope designated as a local
 1304  education agency may report its students to the department in
 1305  accordance with the definitions in s. 1011.61 pursuant to
 1306  procedures and timelines adopted by the department. All charter
 1307  schools submitting student record information required by the
 1308  department shall comply with the department’s guidelines for
 1309  electronic data formats for such data, and all districts shall
 1310  accept electronic data that complies with the department’s
 1311  electronic format.
 1312         (h) A school of hope operator shall provide the school
 1313  district with a concise, uniform, quarterly financial statement
 1314  summary sheet that contains a balance sheet and a statement of
 1315  revenue, expenditures, and changes in fund balance. The balance
 1316  sheet and the statement of revenue, expenditures, and changes in
 1317  fund balance shall be in the governmental fund format prescribed
 1318  by the Governmental Accounting Standards Board. Additionally, a
 1319  school of hope operator shall comply with the annual audit
 1320  requirement for charter schools in s. 218.39.
 1321         (7) FACILITIES.—
 1322         (d) No later than January October 1, the department each
 1323  school district shall annually provide to school districts the
 1324  Department of Education a list of all underused, vacant, or
 1325  surplus facilities owned or operated by the school district as
 1326  reported in the Florida Inventory of School Houses. A school
 1327  district may provide evidence to the department that the list
 1328  contains errors or omissions within 30 days after receipt of the
 1329  list. By each April 1, the department shall update and publish a
 1330  final list of all underused, vacant, or surplus facilities owned
 1331  or operated by each school district, based upon updated
 1332  information provided by each school district. A hope operator
 1333  establishing a school of hope may use an educational facility
 1334  identified in this paragraph at no cost or at a mutually
 1335  agreeable cost not to exceed $600 per student. A hope operator
 1336  using a facility pursuant to this paragraph may not sell or
 1337  dispose of such facility without the written permission of the
 1338  school district. For purposes of this paragraph, the term
 1339  “underused, vacant, or surplus facility” means an entire
 1340  facility or portion thereof which is not fully used or is used
 1341  irregularly or intermittently by the school district for
 1342  instructional or program use.
 1343         (10) SCHOOLS OF HOPE PROGRAM.—The Schools of Hope Program
 1344  is created within the Department of Education.
 1345         (b) Notwithstanding s. 216.301 and pursuant to s. 216.351,
 1346  funds allocated for the purpose of this subsection which are not
 1347  disbursed by June 30 of the fiscal year in which the funds are
 1348  allocated may be carried forward for up to 7 5 years after the
 1349  effective date of the original appropriation.
 1350         Section 5. Paragraph (a) of subsection (1) of section
 1351  1003.493, Florida Statutes, is amended to read:
 1352         1003.493 Career and professional academies and career
 1353  themed courses.—
 1354         (1)(a) A “career and professional academy” is a research
 1355  based program that integrates a rigorous academic curriculum
 1356  with an industry-specific curriculum aligned directly to
 1357  priority workforce needs established by the local workforce
 1358  development board or the Department of Economic Opportunity.
 1359  Career and professional academies shall be offered by public
 1360  schools and school districts. Career and professional academies
 1361  may be offered by charter schools. The Florida Virtual School is
 1362  encouraged to develop and offer rigorous career and professional
 1363  courses as appropriate. Students completing career and
 1364  professional academy programs must receive a standard high
 1365  school diploma, the highest available industry certification,
 1366  and opportunities to earn postsecondary credit if the academy
 1367  partners with a postsecondary institution approved to operate in
 1368  the state.
 1369         Section 6. Present subsection (3) of section 1008.3415,
 1370  Florida Statutes, is redesignated as subsection (4), and a new
 1371  subsection (3) is added to that section, to read:
 1372         1008.3415 School grade or school improvement rating for
 1373  exceptional student education centers.—
 1374         (3) The Commissioner of Education, upon request by a
 1375  charter school that is an exceptional student education center
 1376  and that has received two consecutive ratings of “maintaining”
 1377  or higher pursuant to s. 1008.341(2), shall provide a letter to
 1378  the charter school and to the charter school’s sponsor stating
 1379  that the charter school may replicate its educational program in
 1380  the same manner as a high-performing charter school under s.
 1381  1002.331(3).
 1382         Section 7. Subsection (2) of section 1012.32, Florida
 1383  Statutes, is amended to read:
 1384         1012.32 Qualifications of personnel.—
 1385         (2)(a) Instructional and noninstructional personnel who are
 1386  hired or contracted to fill positions that require direct
 1387  contact with students in any district school system or
 1388  university lab school must, upon employment or engagement to
 1389  provide services, undergo background screening as required under
 1390  s. 1012.465 or s. 1012.56, whichever is applicable.
 1391         (b)1. Instructional and noninstructional personnel who are
 1392  hired or contracted to fill positions in a any charter school
 1393  other than a school of hope as defined in s. 1002.333(1)(d)1.,
 1394  and members of the governing board of such any charter school,
 1395  in compliance with s. 1002.33(12)(g), must, upon employment,
 1396  engagement of services, or appointment, shall undergo background
 1397  screening as required under s. 1012.465 or s. 1012.56, whichever
 1398  is applicable, by filing with the district school board for the
 1399  school district in which the charter school is located a
 1400  complete set of fingerprints taken by an authorized law
 1401  enforcement agency or an employee of the school or school
 1402  district who is trained to take fingerprints.
 1403         2. Instructional and noninstructional personnel who are
 1404  hired or contracted to fill positions in a school of hope as
 1405  defined in s. 1002.333(1)(d)1., and members of the governing
 1406  board of such school of hope, shall file with the school of hope
 1407  a complete set of fingerprints taken by an authorized law
 1408  enforcement agency, by an employee of the school of hope or
 1409  school district who is trained to take fingerprints, or by any
 1410  other entity recognized by the Department of Law Enforcement to
 1411  take fingerprints.
 1412         (c) Instructional and noninstructional personnel who are
 1413  hired or contracted to fill positions that require direct
 1414  contact with students in an alternative school that operates
 1415  under contract with a district school system must, upon
 1416  employment or engagement to provide services, undergo background
 1417  screening as required under s. 1012.465 or s. 1012.56, whichever
 1418  is applicable, by filing with the district school board for the
 1419  school district to which the alternative school is under
 1420  contract a complete set of fingerprints taken by an authorized
 1421  law enforcement agency or an employee of the school or school
 1422  district who is trained to take fingerprints.
 1423         (d) Student teachers and persons participating in a field
 1424  experience pursuant to s. 1004.04(5) or s. 1004.85 in any
 1425  district school system, lab school, or charter school must, upon
 1426  engagement to provide services, undergo background screening as
 1427  required under s. 1012.56.
 1428  
 1429  Required fingerprints must shall be submitted to the Department
 1430  of Law Enforcement for statewide criminal and juvenile records
 1431  checks and to the Federal Bureau of Investigation for federal
 1432  criminal records checks. A person subject to this subsection who
 1433  is found ineligible for employment under s. 1012.315, or
 1434  otherwise found through background screening to have been
 1435  convicted of any crime involving moral turpitude as defined by
 1436  rule of the State Board of Education, shall not be employed,
 1437  engaged to provide services, or serve in any position that
 1438  requires direct contact with students. Probationary persons
 1439  subject to this subsection terminated because of their criminal
 1440  record have the right to appeal such decisions. The cost of the
 1441  background screening may be borne by the district school board,
 1442  the charter school, the employee, the contractor, or a person
 1443  subject to this subsection. A district school board shall
 1444  reimburse a charter school the cost of background screening if
 1445  it does not notify the charter school of the eligibility of a
 1446  governing board member or instructional or noninstructional
 1447  personnel within the earlier of 14 days after receipt of the
 1448  background screening results from the Florida Department of Law
 1449  Enforcement or 30 days of submission of fingerprints by the
 1450  governing board member or instructional or noninstructional
 1451  personnel.
 1452         Section 8. Paragraph (a) of subsection (1) of section
 1453  1013.62, Florida Statutes, is amended to read:
 1454         1013.62 Charter schools capital outlay funding.—
 1455         (1) For the 2020-2021 fiscal year, charter school capital
 1456  outlay funding shall consist of state funds appropriated in the
 1457  2020-2021 General Appropriations Act. Beginning in fiscal year
 1458  2021-2022, charter school capital outlay funding shall consist
 1459  of state funds when such funds are appropriated in the General
 1460  Appropriations Act and revenue resulting from the discretionary
 1461  millage authorized in s. 1011.71(2) if the amount of state funds
 1462  appropriated for charter school capital outlay in any fiscal
 1463  year is less than the average charter school capital outlay
 1464  funds per unweighted full-time equivalent student for the 2018
 1465  2019 fiscal year, multiplied by the estimated number of charter
 1466  school students for the applicable fiscal year, and adjusted by
 1467  changes in the Consumer Price Index issued by the United States
 1468  Department of Labor from the previous fiscal year. Nothing in
 1469  this subsection prohibits a school district from distributing to
 1470  charter schools funds resulting from the discretionary millage
 1471  authorized in s. 1011.71(2).
 1472         (a) To be eligible to receive capital outlay funds, a
 1473  charter school must:
 1474         1.a. Have been in operation for 2 or more years;
 1475         b. Be governed by a governing board established in the
 1476  state for 2 or more years which operates both charter schools
 1477  and conversion charter schools within the state;
 1478         c. Be an expanded feeder chain of a charter school within
 1479  the same school district that is currently receiving charter
 1480  school capital outlay funds;
 1481         d. Have been accredited by a regional accrediting
 1482  association as defined by State Board of Education rule; or
 1483         e. Serve students in facilities that are provided by a
 1484  business partner for a charter school-in-the-workplace pursuant
 1485  to s. 1002.33(15)(b); or
 1486         f. Be operated by a hope operator pursuant to s. 1002.333.
 1487         2. Have an annual audit that does not reveal any of the
 1488  financial emergency conditions provided in s. 218.503(1) for the
 1489  most recent fiscal year for which such audit results are
 1490  available.
 1491         3. Have satisfactory student achievement based on state
 1492  accountability standards applicable to the charter school.
 1493         4. Have received final approval from its sponsor pursuant
 1494  to s. 1002.33 for operation during that fiscal year.
 1495         5. Serve students in facilities that are not provided by
 1496  the charter school’s sponsor.
 1497         Section 9. This act shall take effect July 1, 2021.