Florida Senate - 2021 CS for CS for SB 1028
By the Committees on Appropriations; and Education; and Senators
Hutson and Diaz
576-04471-21 20211028c2
1 A bill to be entitled
2 An act relating to charter schools; amending s.
3 1002.32, F.S.; providing that the limitation on lab
4 schools does not apply to a school serving a military
5 installation; removing a limitation on lab schools
6 receiving a share of the sparsity supplement; amending
7 s. 1002.33, F.S.; authorizing state universities and
8 Florida College System institutions to solicit
9 applications and sponsor charter schools under certain
10 circumstances; prohibiting certain charter schools
11 from being sponsored by a Florida College System
12 institution until such charter schools’ existing
13 charter expires; authorizing a state university or
14 Florida College System institution to, at its
15 discretion, deny an application for a charter school;
16 revising the contents of an annual report that charter
17 school sponsors must provide to the Department of
18 Education; revising the date by which the department
19 must post a specified annual report; revising
20 provisions relating to Florida College System
21 institutions that are operating charter schools;
22 prohibiting certain interlocal agreements; requiring
23 the board of trustees of a state university or Florida
24 College System institution that is sponsoring a
25 charter school to serve as the local educational
26 agency for such school; prohibiting certain charter
27 school students from being included in specified
28 school district grade calculations; requiring the
29 department to develop a sponsor evaluation framework;
30 providing requirements for the framework; requiring
31 the department to compile results in a specified
32 manner; deleting obsolete language; revising
33 requirements for the charter school application
34 process; requiring certain school districts to reduce
35 administrative fees withheld; requiring such school
36 districts to file monthly reports; authorizing school
37 districts to resume withholding the full amount of
38 administrative fees under specified circumstance;
39 authorizing certain charter schools to recover
40 attorney fees and costs; requiring the State Board of
41 Education to withhold state funds from a district
42 school board that is in violation of a state board
43 decision on a charter school; authorizing parties to
44 appeal without first mediating in certain
45 circumstances; providing that certain changes to
46 curriculum are deemed approved; providing an
47 exception; revising the circumstances in which a
48 charter may be immediately terminated; providing that
49 certain information must be provided to specified
50 entities upon immediate termination of a charter;
51 authorizing the award of specified fees and costs in
52 certain circumstances; authorizing a sponsor to seek
53 an injunction in certain circumstances; revising
54 provisions related to sponsor assumption of operation;
55 revising the student populations for which a charter
56 school is authorized to limit the enrollment process;
57 providing a calculation for the operational funding
58 for a charter school sponsored by a state university
59 or Florida College System institution; requiring the
60 department to develop a tool for state universities
61 and Florida College System institutions for specified
62 purposes relating to certain funding calculations;
63 providing that such funding must be appropriated to
64 the charter school; providing for capital outlay
65 funding for such schools; authorizing a sponsor to
66 withhold an administrative fee for the provision of
67 certain services to an exceptional student education
68 center that meets specified requirements; conforming
69 provisions to changes made by the act; amending s.
70 1002.331, F.S.; revising requirements for a charter
71 school to be a high-performing charter school;
72 revising a limitation on the expansion of high
73 performing charter schools; revising provisions
74 relating to the opening of additional high-performing
75 charter schools; amending s. 1002.333, F.S.; revising
76 the definition of the term “persistently low
77 performing school”; providing that certain nonprofit
78 entities may be designated as a local education
79 agency; providing that certain entities report
80 students to the department in a specified manner;
81 specifying reporting provisions that apply only to
82 certain schools of hope; providing that schools of
83 hope may comply with certain financial reporting in a
84 specified manner; revising the manner in which
85 underused, vacant, or surplus facilities owned or
86 operated by school districts are identified;
87 authorizing a nonprofit entity designated as a local
88 education agency to use any capital assets identified
89 in a certain annual financial audit for another school
90 of hope operated by the local education agency within
91 the same district; increasing the number of years for
92 which certain funds may be carried forward; amending
93 s. 1002.45, F.S.; authorizing a virtual charter school
94 to provide part-time virtual instruction; amending s.
95 1003.493, F.S.; authorizing a charter school to offer
96 a career and professional academy; amending s.
97 1008.3415, F.S.; requiring the Commissioner of
98 Education, upon request by a charter school that meets
99 specified criteria, to provide a letter to the charter
100 school and the charter school’s sponsor authorizing
101 the charter school to replicate its educational
102 program; amending s. 1012.32, F.S.; providing an
103 alternate screening method for specified persons
104 employed by certain schools of hope or serving on
105 certain school of hope governing boards; amending s.
106 1013.62, F.S.; expanding eligibility to receive
107 capital outlay funds to schools of hope operated by a
108 hope operator; providing for severability; providing
109 an effective date.
110
111 Be It Enacted by the Legislature of the State of Florida:
112
113 Section 1. Subsection (2) and paragraph (a) of subsection
114 (9) of section 1002.32, Florida Statutes, are amended to read:
115 1002.32 Developmental research (laboratory) schools.—
116 (2) ESTABLISHMENT.—There is established a category of
117 public schools to be known as developmental research
118 (laboratory) schools (lab schools). Each lab school shall
119 provide sequential instruction and shall be affiliated with the
120 college of education within the state university of closest
121 geographic proximity. A lab school to which a charter has been
122 issued under s. 1002.33(5)(a)2. must be affiliated with the
123 college of education within the state university that issued the
124 charter, but is not subject to the requirement that the state
125 university be of closest geographic proximity. For the purpose
126 of state funding, Florida Agricultural and Mechanical
127 University, Florida Atlantic University, Florida State
128 University, the University of Florida, and other universities
129 approved by the State Board of Education and the Legislature are
130 authorized to sponsor a lab school. The limitation of one lab
131 school per university shall not apply to the following
132 legislatively allowed charter lab schools authorized prior to
133 June 1, 2003: Florida State University Charter Lab K-12 School
134 in Broward County, Florida Atlantic University Charter Lab K-12
135 9-12 High School in Palm Beach County, and Florida Atlantic
136 University Charter Lab K-12 School in St. Lucie County. The
137 limitation of one lab school per university does not apply to a
138 university that establishes a lab school to serve families of a
139 military installation that is within the same county as a branch
140 campus that offers programs from the university’s college of
141 education.
142 (9) FUNDING.—Funding for a lab school, including a charter
143 lab school, shall be provided as follows:
144 (a) Each lab school shall be allocated its proportional
145 share of operating funds from the Florida Education Finance
146 Program as provided in s. 1011.62 based on the county in which
147 the lab school is located and the General Appropriations Act.
148 The nonvoted ad valorem millage that would otherwise be required
149 for lab schools shall be allocated from state funds. The
150 required local effort funds calculated pursuant to s. 1011.62
151 shall be allocated from state funds to the schools as a part of
152 the allocation of operating funds pursuant to s. 1011.62. Each
153 eligible lab school in operation as of September 1, 2013, with a
154 permanent high school center shall also receive a proportional
155 share of the sparsity supplement as calculated pursuant to s.
156 1011.62. In addition, each lab school shall receive its
157 proportional share of all categorical funds, with the exception
158 of s. 1011.68, and new categorical funds enacted after July 1,
159 1994, for the purpose of elementary or secondary academic
160 program enhancement. The sum of funds available as provided in
161 this paragraph shall be included annually in the Florida
162 Education Finance Program and appropriate categorical programs
163 funded in the General Appropriations Act.
164 Section 2. Paragraph (c) of subsection (2), subsection (5),
165 paragraphs (b) and (d) of subsection (6), paragraphs (a), (b),
166 and (d) of subsection (7), paragraphs (c), (d), and (e) of
167 subsection (8), paragraphs (g) and (n) of subsection (9),
168 paragraphs (d) and (e) of subsection (10), subsection (14),
169 paragraph (c) of subsection (15), subsection (17), paragraph (e)
170 of subsection (18), subsections (20) and (21), paragraph (a) of
171 subsection (25), and subsection (28) of section 1002.33, Florida
172 Statutes, are amended to read:
173 1002.33 Charter schools.—
174 (2) GUIDING PRINCIPLES; PURPOSE.—
175 (c) Charter schools may fulfill the following purposes:
176 1. Create innovative measurement tools.
177 2. Provide rigorous competition within the public school
178 system district to stimulate continual improvement in all public
179 schools.
180 3. Expand the capacity of the public school system.
181 4. Mitigate the educational impact created by the
182 development of new residential dwelling units.
183 5. Create new professional opportunities for teachers,
184 including ownership of the learning program at the school site.
185 (5) SPONSOR; DUTIES.—
186 (a) Sponsoring entities.—
187 1. A district school board may sponsor a charter school in
188 the county over which the district school board has
189 jurisdiction.
190 2. A state university may grant a charter to a lab school
191 created under s. 1002.32 and shall be considered to be the
192 school’s sponsor. Such school shall be considered a charter lab
193 school.
194 3. Because needs relating to educational capacity,
195 workforce qualifications, and career education opportunities are
196 constantly changing and extend beyond school district
197 boundaries:
198 a. A state university may, upon approval by the Department
199 of Education, solicit applications and sponsor a charter school
200 to meet regional education or workforce demands by serving
201 students from multiple school districts.
202 b. A Florida College System institution may, upon approval
203 by the Department of Education, solicit applications and sponsor
204 a charter school in any county within its service area to meet
205 workforce demands and may offer postsecondary programs leading
206 to industry certifications to eligible charter school students.
207 A charter school established under subparagraph (b)4. may not be
208 sponsored by a Florida College System institution until its
209 existing charter with the school district expires as provided
210 under subsection (7).
211 c. Notwithstanding paragraph (6)(b), a state university or
212 Florida College System institution may, at its discretion, deny
213 an application for a charter school.
214 (b) Sponsor duties.—
215 1.a. The sponsor shall monitor and review the charter
216 school in its progress toward the goals established in the
217 charter.
218 b. The sponsor shall monitor the revenues and expenditures
219 of the charter school and perform the duties provided in s.
220 1002.345.
221 c. The sponsor may approve a charter for a charter school
222 before the applicant has identified space, equipment, or
223 personnel, if the applicant indicates approval is necessary for
224 it to raise working funds.
225 d. The sponsor shall not apply its policies to a charter
226 school unless mutually agreed to by both the sponsor and the
227 charter school. If the sponsor subsequently amends any agreed
228 upon sponsor policy, the version of the policy in effect at the
229 time of the execution of the charter, or any subsequent
230 modification thereof, shall remain in effect and the sponsor may
231 not hold the charter school responsible for any provision of a
232 newly revised policy until the revised policy is mutually agreed
233 upon.
234 e. The sponsor shall ensure that the charter is innovative
235 and consistent with the state education goals established by s.
236 1000.03(5).
237 f. The sponsor shall ensure that the charter school
238 participates in the state’s education accountability system. If
239 a charter school falls short of performance measures included in
240 the approved charter, the sponsor shall report such shortcomings
241 to the Department of Education.
242 g. The sponsor shall not be liable for civil damages under
243 state law for personal injury, property damage, or death
244 resulting from an act or omission of an officer, employee,
245 agent, or governing body of the charter school.
246 h. The sponsor shall not be liable for civil damages under
247 state law for any employment actions taken by an officer,
248 employee, agent, or governing body of the charter school.
249 i. The sponsor’s duties to monitor the charter school shall
250 not constitute the basis for a private cause of action.
251 j. The sponsor shall not impose additional reporting
252 requirements on a charter school without providing reasonable
253 and specific justification in writing to the charter school.
254 k. The sponsor shall submit an annual report to the
255 Department of Education in a web-based format to be determined
256 by the department.
257 (I) The report shall include the following information:
258 (A) The number of draft applications received on or before
259 May 1 and each applicant’s contact information.
260 (B) The number of final applications received during the
261 school year and up to on or before August 1 and each applicant’s
262 contact information.
263 (B)(C) The date each application was approved, denied, or
264 withdrawn.
265 (C)(D) The date each final contract was executed.
266 (II) Annually, by November 1 Beginning August 31, 2013, and
267 each year thereafter, the sponsor shall submit to the department
268 the information for the applications submitted the previous
269 year.
270 (III) The department shall compile an annual report, by
271 sponsor district, and post the report on its website by January
272 15 November 1 of each year.
273 2. Immunity for the sponsor of a charter school under
274 subparagraph 1. applies only with respect to acts or omissions
275 not under the sponsor’s direct authority as described in this
276 section.
277 3. This paragraph does not waive a sponsor’s district
278 school board’s sovereign immunity.
279 4. A Florida College System institution may work with the
280 school district or school districts in its designated service
281 area to develop charter schools that offer secondary education.
282 These charter schools must include an option for students to
283 receive an associate degree upon high school graduation. If a
284 Florida College System institution operates an approved teacher
285 preparation program under s. 1004.04 or s. 1004.85, the
286 institution may operate no more than one charter schools school
287 that serve serves students in kindergarten through grade 12 in
288 any school district within the service area of the institution.
289 In kindergarten through grade 8, the charter school shall
290 implement innovative blended learning instructional models in
291 which, for a given course, a student learns in part through
292 online delivery of content and instruction with some element of
293 student control over time, place, path, or pace and in part at a
294 supervised brick-and-mortar location away from home. A student
295 in a blended learning course must be a full-time student of the
296 charter school and receive the online instruction in a classroom
297 setting at the charter school. District school boards shall
298 cooperate with and assist the Florida College System institution
299 on the charter application. Florida College System institution
300 applications for charter schools are not subject to the time
301 deadlines outlined in subsection (6) and may be approved by the
302 district school board at any time during the year. Florida
303 College System institutions may not report FTE for any students
304 participating under this subparagraph who receive FTE funding
305 through the Florida Education Finance Program.
306 5. For purposes of assisting the development of a charter
307 school, a school district may enter into nonexclusive interlocal
308 agreements with federal and state agencies, counties,
309 municipalities, and other governmental entities that operate
310 within the geographical borders of the school district to act on
311 behalf of such governmental entities in the inspection,
312 issuance, and other necessary activities for all necessary
313 permits, licenses, and other permissions that a charter school
314 needs in order for development, construction, or operation. A
315 charter school may use, but may not be required to use, a school
316 district for these services. The interlocal agreement must
317 include, but need not be limited to, the identification of fees
318 that charter schools will be charged for such services. The fees
319 must consist of the governmental entity’s fees plus a fee for
320 the school district to recover no more than actual costs for
321 providing such services. These services and fees are not
322 included within the services to be provided pursuant to
323 subsection (20). Notwithstanding any other provision of law, an
324 interlocal agreement between a school district and a federal or
325 state agency, county, municipality, or other governmental entity
326 which prohibits or limits the creation of a charter school
327 within the geographic borders of the school district is void and
328 unenforceable.
329 6. The board of trustees of a sponsoring state university
330 or Florida College System institution under paragraph (a) is the
331 local educational agency for all charter schools it sponsors for
332 purposes of receiving federal funds and accepts full
333 responsibility for all local educational agency requirements and
334 the schools for which it will perform local educational agency
335 responsibilities. A student enrolled in a charter school that is
336 sponsored by a state university or Florida College System
337 institution may not be included in the calculation of the school
338 district’s grade under s. 1008.34(5) for the school district in
339 which he or she resides.
340 (c) Sponsor accountability.—
341 1. The department shall, in collaboration with charter
342 school sponsors and charter school operators, develop a sponsor
343 evaluation framework that must address, at a minimum:
344 a. The sponsor’s strategic vision for charter school
345 authorization and the sponsor’s progress toward that vision.
346 b. The alignment of the sponsor’s policies and practices to
347 best practices for charter school authorization.
348 c. The academic and financial performance of all operating
349 charter schools overseen by the sponsor.
350 d. The status of charter schools authorized by the sponsor,
351 including approved, operating, and closed schools.
352 2. The department shall compile the results by sponsor and
353 include the results in the report required under sub-sub
354 subparagraph (b)1.k.(III).
355 (6) APPLICATION PROCESS AND REVIEW.—Charter school
356 applications are subject to the following requirements:
357 (b) A sponsor shall receive and review all applications for
358 a charter school using the evaluation instrument developed by
359 the Department of Education. A sponsor shall receive and
360 consider charter school applications received on or before
361 August 1 of each calendar year for charter schools to be opened
362 at the beginning of the school district’s next school year, or
363 to be opened at a time agreed to by the applicant and the
364 sponsor. A sponsor may not refuse to receive a charter school
365 application submitted before August 1 and may receive an
366 application submitted later than August 1 if it chooses.
367 Beginning in 2018 and thereafter, A sponsor shall receive and
368 consider charter school applications received on or before
369 February 1 of each calendar year for charter schools to be
370 opened 18 months later at the beginning of the school district’s
371 school year, or to be opened at a time determined by the
372 applicant. A sponsor may not refuse to receive a charter school
373 application submitted before February 1 and may receive an
374 application submitted later than February 1 if it chooses. A
375 sponsor may not charge an applicant for a charter any fee for
376 the processing or consideration of an application, and a sponsor
377 may not base its consideration or approval of a final
378 application upon the promise of future payment of any kind.
379 Before approving or denying any application, the sponsor shall
380 allow the applicant, upon receipt of written notification, at
381 least 7 calendar days to make technical or nonsubstantive
382 corrections and clarifications, including, but not limited to,
383 corrections of grammatical, typographical, and like errors or
384 missing signatures, if such errors are identified by the sponsor
385 as cause to deny the final application.
386 1. In order to facilitate an accurate budget projection
387 process, a sponsor shall be held harmless for FTE students who
388 are not included in the FTE projection due to approval of
389 charter school applications after the FTE projection deadline.
390 In a further effort to facilitate an accurate budget projection,
391 within 15 calendar days after receipt of a charter school
392 application, a sponsor shall report to the Department of
393 Education the name of the applicant entity, the proposed charter
394 school location, and its projected FTE.
395 2. In order to ensure fiscal responsibility, an application
396 for a charter school shall include a full accounting of expected
397 assets, a projection of expected sources and amounts of income,
398 including income derived from projected student enrollments and
399 from community support, and an expense projection that includes
400 full accounting of the costs of operation, including start-up
401 costs.
402 3.a. A sponsor shall by a majority vote approve or deny an
403 application no later than 90 calendar days after the application
404 is received, unless the sponsor and the applicant mutually agree
405 in writing to temporarily postpone the vote to a specific date,
406 at which time the sponsor shall by a majority vote approve or
407 deny the application. If the sponsor fails to act on the
408 application, an applicant may appeal to the State Board of
409 Education as provided in paragraph (c). If an application is
410 denied, the sponsor shall, within 10 calendar days after such
411 denial, articulate in writing the specific reasons, based upon
412 good cause, supporting its denial of the application and shall
413 provide the letter of denial and supporting documentation to the
414 applicant and to the Department of Education.
415 b. An application submitted by a high-performing charter
416 school identified pursuant to s. 1002.331 or a high-performing
417 charter school system identified pursuant to s. 1002.332 may be
418 denied by the sponsor only if the sponsor demonstrates by clear
419 and convincing evidence that:
420 (I) The application of a high-performing charter school
421 does not materially comply with the requirements in paragraph
422 (a) or, for a high-performing charter school system, the
423 application does not materially comply with s. 1002.332(2)(b);
424 (II) The charter school proposed in the application does
425 not materially comply with the requirements in paragraphs
426 (9)(a)-(f);
427 (III) The proposed charter school’s educational program
428 does not substantially replicate that of the applicant or one of
429 the applicant’s high-performing charter schools;
430 (IV) The applicant has made a material misrepresentation or
431 false statement or concealed an essential or material fact
432 during the application process; or
433 (V) The proposed charter school’s educational program and
434 financial management practices do not materially comply with the
435 requirements of this section.
436
437 Material noncompliance is a failure to follow requirements or a
438 violation of prohibitions applicable to charter school
439 applications, which failure is quantitatively or qualitatively
440 significant either individually or when aggregated with other
441 noncompliance. An applicant is considered to be replicating a
442 high-performing charter school if the proposed school is
443 substantially similar to at least one of the applicant’s high
444 performing charter schools and the organization or individuals
445 involved in the establishment and operation of the proposed
446 school are significantly involved in the operation of replicated
447 schools.
448 c. If the sponsor denies an application submitted by a
449 high-performing charter school or a high-performing charter
450 school system, the sponsor must, within 10 calendar days after
451 such denial, state in writing the specific reasons, based upon
452 the criteria in sub-subparagraph b., supporting its denial of
453 the application and must provide the letter of denial and
454 supporting documentation to the applicant and to the Department
455 of Education. The applicant may appeal the sponsor’s denial of
456 the application in accordance with paragraph (c).
457 4. For budget projection purposes, the sponsor shall report
458 to the Department of Education the approval or denial of an
459 application within 10 calendar days after such approval or
460 denial. In the event of approval, the report to the Department
461 of Education shall include the final projected FTE for the
462 approved charter school.
463 5. Upon approval of an application, the initial startup
464 shall commence with the beginning of the public school calendar
465 for the district in which the charter is granted. A charter
466 school may defer the opening of the school’s operations for up
467 to 3 years to provide time for adequate facility planning. The
468 charter school must provide written notice of such intent to the
469 sponsor and the parents of enrolled students at least 30
470 calendar days before the first day of school.
471 (d)1. The sponsor shall act upon the decision of the State
472 Board of Education within 30 calendar days after it is received.
473 The State Board of Education’s decision is a final action
474 subject to judicial review in the district court of appeal. A
475 prevailing party may file an action with the Division of
476 Administrative Hearings to recover reasonable attorney fees and
477 costs incurred during the denial of the application and any
478 appeals.
479 2. A school district that fails to implement the decision
480 affirmed by a district court of appeal shall reduce the
481 administrative fees withheld pursuant to subsection (20) to 1
482 percent for all charter schools operating in the school
483 district. Such school districts shall file a monthly report
484 detailing the reduction in the amount of administrative fees
485 withheld. Upon execution of the charter, the sponsor may resume
486 withholding the full amount of administrative fees but may not
487 recover any fees that would have otherwise accrued during the
488 period of noncompliance. Any charter school that had
489 administrative fees withheld in violation of this paragraph may
490 recover attorney fees and costs to enforce the requirements of
491 this paragraph.
492 (7) CHARTER.—The terms and conditions for the operation of
493 a charter school shall be set forth by the sponsor and the
494 applicant in a written contractual agreement, called a charter.
495 The sponsor and the governing board of the charter school shall
496 use the standard charter contract pursuant to subsection (21),
497 which shall incorporate the approved application and any addenda
498 approved with the application. Any term or condition of a
499 proposed charter contract that differs from the standard charter
500 contract adopted by rule of the State Board of Education shall
501 be presumed a limitation on charter school flexibility. The
502 sponsor may not impose unreasonable rules or regulations that
503 violate the intent of giving charter schools greater flexibility
504 to meet educational goals. The charter shall be signed by the
505 governing board of the charter school and the sponsor, following
506 a public hearing to ensure community input.
507 (a) The charter shall address and criteria for approval of
508 the charter shall be based on:
509 1. The school’s mission, the students to be served, and the
510 ages and grades to be included.
511 2. The focus of the curriculum, the instructional methods
512 to be used, any distinctive instructional techniques to be
513 employed, and identification and acquisition of appropriate
514 technologies needed to improve educational and administrative
515 performance which include a means for promoting safe, ethical,
516 and appropriate uses of technology which comply with legal and
517 professional standards.
518 a. The charter shall ensure that reading is a primary focus
519 of the curriculum and that resources are provided to identify
520 and provide specialized instruction for students who are reading
521 below grade level. The curriculum and instructional strategies
522 for reading must be consistent with the Next Generation Sunshine
523 State Standards and grounded in scientifically based reading
524 research.
525 b. In order to provide students with access to diverse
526 instructional delivery models, to facilitate the integration of
527 technology within traditional classroom instruction, and to
528 provide students with the skills they need to compete in the
529 21st century economy, the Legislature encourages instructional
530 methods for blended learning courses consisting of both
531 traditional classroom and online instructional techniques.
532 Charter schools may implement blended learning courses which
533 combine traditional classroom instruction and virtual
534 instruction. Students in a blended learning course must be full
535 time students of the charter school pursuant to s.
536 1011.61(1)(a)1. Instructional personnel certified pursuant to s.
537 1012.55 who provide virtual instruction for blended learning
538 courses may be employees of the charter school or may be under
539 contract to provide instructional services to charter school
540 students. At a minimum, such instructional personnel must hold
541 an active state or school district adjunct certification under
542 s. 1012.57 for the subject area of the blended learning course.
543 The funding and performance accountability requirements for
544 blended learning courses are the same as those for traditional
545 courses.
546 3. The current incoming baseline standard of student
547 academic achievement, the outcomes to be achieved, and the
548 method of measurement that will be used. The criteria listed in
549 this subparagraph shall include a detailed description of:
550 a. How the baseline student academic achievement levels and
551 prior rates of academic progress will be established.
552 b. How these baseline rates will be compared to rates of
553 academic progress achieved by these same students while
554 attending the charter school.
555 c. To the extent possible, how these rates of progress will
556 be evaluated and compared with rates of progress of other
557 closely comparable student populations.
558
559 A The district school board is required to provide academic
560 student performance data to charter schools for each of their
561 students coming from the district school system, as well as
562 rates of academic progress of comparable student populations in
563 the district school system.
564 4. The methods used to identify the educational strengths
565 and needs of students and how well educational goals and
566 performance standards are met by students attending the charter
567 school. The methods shall provide a means for the charter school
568 to ensure accountability to its constituents by analyzing
569 student performance data and by evaluating the effectiveness and
570 efficiency of its major educational programs. Students in
571 charter schools shall, at a minimum, participate in the
572 statewide assessment program created under s. 1008.22.
573 5. In secondary charter schools, a method for determining
574 that a student has satisfied the requirements for graduation in
575 s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
576 6. A method for resolving conflicts between the governing
577 board of the charter school and the sponsor.
578 7. The admissions procedures and dismissal procedures,
579 including the school’s code of student conduct. Admission or
580 dismissal must not be based on a student’s academic performance.
581 8. The ways by which the school will achieve a
582 racial/ethnic balance reflective of the community it serves or
583 within the racial/ethnic range of other nearby public schools in
584 the same school district.
585 9. The financial and administrative management of the
586 school, including a reasonable demonstration of the professional
587 experience or competence of those individuals or organizations
588 applying to operate the charter school or those hired or
589 retained to perform such professional services and the
590 description of clearly delineated responsibilities and the
591 policies and practices needed to effectively manage the charter
592 school. A description of internal audit procedures and
593 establishment of controls to ensure that financial resources are
594 properly managed must be included. Both public sector and
595 private sector professional experience shall be equally valid in
596 such a consideration.
597 10. The asset and liability projections required in the
598 application which are incorporated into the charter and shall be
599 compared with information provided in the annual report of the
600 charter school.
601 11. A description of procedures that identify various risks
602 and provide for a comprehensive approach to reduce the impact of
603 losses; plans to ensure the safety and security of students and
604 staff; plans to identify, minimize, and protect others from
605 violent or disruptive student behavior; and the manner in which
606 the school will be insured, including whether or not the school
607 will be required to have liability insurance, and, if so, the
608 terms and conditions thereof and the amounts of coverage.
609 12. The term of the charter which shall provide for
610 cancellation of the charter if insufficient progress has been
611 made in attaining the student achievement objectives of the
612 charter and if it is not likely that such objectives can be
613 achieved before expiration of the charter. The initial term of a
614 charter shall be for 5 years, excluding 2 planning years. In
615 order to facilitate access to long-term financial resources for
616 charter school construction, charter schools that are operated
617 by a municipality or other public entity as provided by law are
618 eligible for up to a 15-year charter, subject to approval by the
619 sponsor district school board. A charter lab school is eligible
620 for a charter for a term of up to 15 years. In addition, to
621 facilitate access to long-term financial resources for charter
622 school construction, charter schools that are operated by a
623 private, not-for-profit, s. 501(c)(3) status corporation are
624 eligible for up to a 15-year charter, subject to approval by the
625 sponsor district school board. Such long-term charters remain
626 subject to annual review and may be terminated during the term
627 of the charter, but only according to the provisions set forth
628 in subsection (8).
629 13. The facilities to be used and their location. The
630 sponsor may not require a charter school to have a certificate
631 of occupancy or a temporary certificate of occupancy for such a
632 facility earlier than 15 calendar days before the first day of
633 school.
634 14. The qualifications to be required of the teachers and
635 the potential strategies used to recruit, hire, train, and
636 retain qualified staff to achieve best value.
637 15. The governance structure of the school, including the
638 status of the charter school as a public or private employer as
639 required in paragraph (12)(i).
640 16. A timetable for implementing the charter which
641 addresses the implementation of each element thereof and the
642 date by which the charter shall be awarded in order to meet this
643 timetable.
644 17. In the case of an existing public school that is being
645 converted to charter status, alternative arrangements for
646 current students who choose not to attend the charter school and
647 for current teachers who choose not to teach in the charter
648 school after conversion in accordance with the existing
649 collective bargaining agreement or district school board rule in
650 the absence of a collective bargaining agreement. However,
651 alternative arrangements shall not be required for current
652 teachers who choose not to teach in a charter lab school, except
653 as authorized by the employment policies of the state university
654 which grants the charter to the lab school.
655 18. Full disclosure of the identity of all relatives
656 employed by the charter school who are related to the charter
657 school owner, president, chairperson of the governing board of
658 directors, superintendent, governing board member, principal,
659 assistant principal, or any other person employed by the charter
660 school who has equivalent decisionmaking authority. For the
661 purpose of this subparagraph, the term “relative” means father,
662 mother, son, daughter, brother, sister, uncle, aunt, first
663 cousin, nephew, niece, husband, wife, father-in-law, mother-in
664 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
665 stepfather, stepmother, stepson, stepdaughter, stepbrother,
666 stepsister, half brother, or half sister.
667 19. Implementation of the activities authorized under s.
668 1002.331 by the charter school when it satisfies the eligibility
669 requirements for a high-performing charter school. A high
670 performing charter school shall notify its sponsor in writing by
671 March 1 if it intends to increase enrollment or expand grade
672 levels the following school year. The written notice shall
673 specify the amount of the enrollment increase and the grade
674 levels that will be added, as applicable.
675 (b) The sponsor has 30 days after approval of the
676 application to provide an initial proposed charter contract to
677 the charter school. The applicant and the sponsor have 40 days
678 thereafter to negotiate and notice the charter contract for
679 final approval by the sponsor unless both parties agree to an
680 extension. The proposed charter contract shall be provided to
681 the charter school at least 7 calendar days before the date of
682 the meeting at which the charter is scheduled to be voted upon
683 by the sponsor. The Department of Education shall provide
684 mediation services for any dispute regarding this section
685 subsequent to the approval of a charter application and for any
686 dispute relating to the approved charter, except a dispute
687 regarding a charter school application denial. If either the
688 charter school or the sponsor indicates in writing that the
689 party does not desire to settle any dispute arising under this
690 section through mediation procedures offered by the Department
691 of Education, a charter school may immediately appeal any formal
692 or informal decision by the sponsor to an administrative law
693 judge appointed by the Division of Administrative Hearings. If
694 the Commissioner of Education determines that the dispute cannot
695 be settled through mediation, the dispute may also be appealed
696 to an administrative law judge appointed by the Division of
697 Administrative Hearings. The administrative law judge has final
698 order authority to rule on issues of equitable treatment of the
699 charter school as a public school, whether proposed provisions
700 of the charter violate the intended flexibility granted charter
701 schools by statute, or any other matter regarding this section,
702 except a dispute regarding charter school application denial, a
703 charter termination, or a charter nonrenewal. The administrative
704 law judge shall award the prevailing party reasonable attorney
705 fees and costs incurred during the mediation process,
706 administrative proceeding, and any appeals, to be paid by the
707 party whom the administrative law judge rules against.
708 (d) A charter may be modified during its initial term or
709 any renewal term upon the recommendation of the sponsor or the
710 charter school’s governing board and the approval of both
711 parties to the agreement. Changes to curriculum which are
712 consistent with state standards shall be deemed approved unless
713 the sponsor determines in writing that the curriculum is
714 inconsistent with state standards. Modification during any term
715 may include, but is not limited to, consolidation of multiple
716 charters into a single charter if the charters are operated
717 under the same governing board, regardless of the renewal cycle.
718 A charter school that is not subject to a school improvement
719 plan and that closes as part of a consolidation shall be
720 reported by the sponsor school district as a consolidation.
721 (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.—
722 (c) A charter may be terminated immediately if the sponsor
723 sets forth in writing the particular facts and circumstances
724 demonstrating indicating that an immediate and serious danger to
725 the health, safety, or welfare of the charter school’s students
726 exists, that the immediate and serious danger is likely to
727 continue, and that an immediate termination of the charter is
728 necessary. The sponsor’s determination is subject to the
729 procedures set forth in paragraph (b), except that the hearing
730 may take place after the charter has been terminated. The
731 sponsor shall notify in writing the charter school’s governing
732 board, the charter school principal, and the department of the
733 facts and circumstances supporting the immediate termination if
734 a charter is terminated immediately. The sponsor shall clearly
735 identify the specific issues that resulted in the immediate
736 termination and provide evidence of prior notification of issues
737 resulting in the immediate termination, if applicable when
738 appropriate. Upon receiving written notice from the sponsor, the
739 charter school’s governing board has 10 calendar days to request
740 a hearing. A requested hearing must be expedited and the final
741 order must be issued within 60 days after the date of request.
742 The administrative law judge shall award reasonable attorney
743 fees and costs to the prevailing party of any injunction,
744 administrative proceeding, or appeal. The sponsor may seek an
745 injunction in the circuit court in which the charter school is
746 located to enjoin continued operation of the charter school if
747 shall assume operation of the charter school throughout the
748 pendency of the hearing under paragraph (b) unless the continued
749 operation of the charter school would materially threaten the
750 health, safety, or welfare of the students. Failure by the
751 sponsor to assume and continue operation of the charter school
752 shall result in the awarding of reasonable costs and attorney’s
753 fees to the charter school if the charter school prevails on
754 appeal.
755 (d) When a charter is not renewed or is terminated, the
756 school shall be dissolved under the provisions of law under
757 which the school was organized, and any unencumbered public
758 funds, except for capital outlay funds and federal charter
759 school program grant funds, from the charter school shall revert
760 to the sponsor. Capital outlay funds provided pursuant to s.
761 1013.62 and federal charter school program grant funds that are
762 unencumbered shall revert to the department to be redistributed
763 among eligible charter schools. In the event a charter school is
764 dissolved or is otherwise terminated, all sponsor district
765 school board property and improvements, furnishings, and
766 equipment purchased with public funds shall automatically revert
767 to full ownership by the sponsor district school board, subject
768 to complete satisfaction of any lawful liens or encumbrances.
769 Any unencumbered public funds from the charter school, district
770 school board property and improvements, furnishings, and
771 equipment purchased with public funds, or financial or other
772 records pertaining to the charter school, in the possession of
773 any person, entity, or holding company, other than the charter
774 school, shall be held in trust upon the sponsor’s district
775 school board’s request, until any appeal status is resolved.
776 (e) If a charter is not renewed or is terminated, the
777 charter school is responsible for all debts of the charter
778 school. The sponsor district may not assume the debt from any
779 contract made between the governing body of the school and a
780 third party, except for a debt that is previously detailed and
781 agreed upon in writing by both the sponsor district and the
782 governing body of the school and that may not reasonably be
783 assumed to have been satisfied by the sponsor district.
784 (9) CHARTER SCHOOL REQUIREMENTS.—
785 (g)1. In order to provide financial information that is
786 comparable to that reported for other public schools, charter
787 schools are to maintain all financial records that constitute
788 their accounting system:
789 a. In accordance with the accounts and codes prescribed in
790 the most recent issuance of the publication titled “Financial
791 and Program Cost Accounting and Reporting for Florida Schools”;
792 or
793 b. At the discretion of the charter school’s governing
794 board, a charter school may elect to follow generally accepted
795 accounting standards for not-for-profit organizations, but must
796 reformat this information for reporting according to this
797 paragraph.
798 2. Charter schools shall provide annual financial report
799 and program cost report information in the state-required
800 formats for inclusion in sponsor district reporting in
801 compliance with s. 1011.60(1). Charter schools that are operated
802 by a municipality or are a component unit of a parent nonprofit
803 organization may use the accounting system of the municipality
804 or the parent but must reformat this information for reporting
805 according to this paragraph.
806 3. A charter school shall, upon approval of the charter
807 contract, provide the sponsor with a concise, uniform, monthly
808 financial statement summary sheet that contains a balance sheet
809 and a statement of revenue, expenditures, and changes in fund
810 balance. The balance sheet and the statement of revenue,
811 expenditures, and changes in fund balance shall be in the
812 governmental funds format prescribed by the Governmental
813 Accounting Standards Board. A high-performing charter school
814 pursuant to s. 1002.331 may provide a quarterly financial
815 statement in the same format and requirements as the uniform
816 monthly financial statement summary sheet. The sponsor shall
817 review each monthly or quarterly financial statement to identify
818 the existence of any conditions identified in s. 1002.345(1)(a).
819 4. A charter school shall maintain and provide financial
820 information as required in this paragraph. The financial
821 statement required in subparagraph 3. must be in a form
822 prescribed by the Department of Education.
823 (n)1. The director and a representative of the governing
824 board of a charter school that has earned a grade of “D” or “F”
825 pursuant to s. 1008.34 shall appear before the sponsor to
826 present information concerning each contract component having
827 noted deficiencies. The director and a representative of the
828 governing board shall submit to the sponsor for approval a
829 school improvement plan to raise student performance. Upon
830 approval by the sponsor, the charter school shall begin
831 implementation of the school improvement plan. The department
832 shall offer technical assistance and training to the charter
833 school and its governing board and establish guidelines for
834 developing, submitting, and approving such plans.
835 2.a. If a charter school earns three consecutive grades
836 below a “C,” the charter school governing board shall choose one
837 of the following corrective actions:
838 (I) Contract for educational services to be provided
839 directly to students, instructional personnel, and school
840 administrators, as prescribed in state board rule;
841 (II) Contract with an outside entity that has a
842 demonstrated record of effectiveness to operate the school;
843 (III) Reorganize the school under a new director or
844 principal who is authorized to hire new staff; or
845 (IV) Voluntarily close the charter school.
846 b. The charter school must implement the corrective action
847 in the school year following receipt of a third consecutive
848 grade below a “C.”
849 c. The sponsor may annually waive a corrective action if it
850 determines that the charter school is likely to improve a letter
851 grade if additional time is provided to implement the
852 intervention and support strategies prescribed by the school
853 improvement plan. Notwithstanding this sub-subparagraph, a
854 charter school that earns a second consecutive grade of “F” is
855 subject to subparagraph 3.
856 d. A charter school is no longer required to implement a
857 corrective action if it improves to a “C” or higher. However,
858 the charter school must continue to implement strategies
859 identified in the school improvement plan. The sponsor must
860 annually review implementation of the school improvement plan to
861 monitor the school’s continued improvement pursuant to
862 subparagraph 4.
863 e. A charter school implementing a corrective action that
864 does not improve to a “C” or higher after 2 full school years of
865 implementing the corrective action must select a different
866 corrective action. Implementation of the new corrective action
867 must begin in the school year following the implementation
868 period of the existing corrective action, unless the sponsor
869 determines that the charter school is likely to improve to a “C”
870 or higher if additional time is provided to implement the
871 existing corrective action. Notwithstanding this sub
872 subparagraph, a charter school that earns a second consecutive
873 grade of “F” while implementing a corrective action is subject
874 to subparagraph 3.
875 3. A charter school’s charter contract is automatically
876 terminated if the school earns two consecutive grades of “F”
877 after all school grade appeals are final unless:
878 a. The charter school is established to turn around the
879 performance of a district public school pursuant to s.
880 1008.33(4)(b)2. Such charter schools shall be governed by s.
881 1008.33;
882 b. The charter school serves a student population the
883 majority of which resides in a school zone served by a district
884 public school subject to s. 1008.33(4) and the charter school
885 earns at least a grade of “D” in its third year of operation.
886 The exception provided under this sub-subparagraph does not
887 apply to a charter school in its fourth year of operation and
888 thereafter; or
889 c. The state board grants the charter school a waiver of
890 termination. The charter school must request the waiver within
891 15 days after the department’s official release of school
892 grades. The state board may waive termination if the charter
893 school demonstrates that the Learning Gains of its students on
894 statewide assessments are comparable to or better than the
895 Learning Gains of similarly situated students enrolled in nearby
896 district public schools. The waiver is valid for 1 year and may
897 only be granted once. Charter schools that have been in
898 operation for more than 5 years are not eligible for a waiver
899 under this sub-subparagraph.
900
901 The sponsor shall notify the charter school’s governing board,
902 the charter school principal, and the department in writing when
903 a charter contract is terminated under this subparagraph. A
904 charter terminated under this subparagraph must follow the
905 procedures for dissolution and reversion of public funds
906 pursuant to paragraphs (8)(d)-(f) and (9)(o).
907 4. The director and a representative of the governing board
908 of a graded charter school that has implemented a school
909 improvement plan under this paragraph shall appear before the
910 sponsor at least once a year to present information regarding
911 the progress of intervention and support strategies implemented
912 by the school pursuant to the school improvement plan and
913 corrective actions, if applicable. The sponsor shall communicate
914 at the meeting, and in writing to the director, the services
915 provided to the school to help the school address its
916 deficiencies.
917 5. Notwithstanding any provision of this paragraph except
918 sub-subparagraphs 3.a.-c., the sponsor may terminate the charter
919 at any time pursuant to subsection (8).
920 (10) ELIGIBLE STUDENTS.—
921 (d) A charter school may give enrollment preference to the
922 following student populations:
923 1. Students who are siblings of a student enrolled in the
924 charter school.
925 2. Students who are the children of a member of the
926 governing board of the charter school.
927 3. Students who are the children of an employee of the
928 charter school.
929 4. Students who are the children of:
930 a. An employee of the business partner of a charter
931 school-in-the-workplace established under paragraph (15)(b) or a
932 resident of the municipality in which such charter school is
933 located; or
934 b. A resident or employee of a municipality that operates a
935 charter school-in-a-municipality pursuant to paragraph (15)(c)
936 or allows a charter school to use a school facility or portion
937 of land provided by the municipality for the operation of the
938 charter school.
939 5. Students who have successfully completed, during the
940 previous year, a voluntary prekindergarten education program
941 under ss. 1002.51-1002.79 provided by the charter school, or the
942 charter school’s governing board, or a voluntary prekindergarten
943 provider that has a written agreement with the governing board
944 during the previous year.
945 6. Students who are the children of an active duty member
946 of any branch of the United States Armed Forces.
947 7. Students who attended or are assigned to failing schools
948 pursuant to s. 1002.38(2).
949 (e) A charter school may limit the enrollment process only
950 to target the following student populations:
951 1. Students within specific age groups or grade levels.
952 2. Students considered at risk of dropping out of school or
953 academic failure. Such students shall include exceptional
954 education students.
955 3. Students enrolling in a charter school-in-the-workplace
956 or charter school-in-a-municipality established pursuant to
957 subsection (15).
958 4. Students residing within a reasonable distance of the
959 charter school, as described in paragraph (20)(c). Such students
960 shall be subject to a random lottery and to the racial/ethnic
961 balance provisions described in subparagraph (7)(a)8. or any
962 federal provisions that require a school to achieve a
963 racial/ethnic balance reflective of the community it serves or
964 within the racial/ethnic range of other nearby public schools in
965 the same school district.
966 5. Students who meet reasonable academic, artistic, or
967 other eligibility standards established by the charter school
968 and included in the charter school application and charter or,
969 in the case of existing charter schools, standards that are
970 consistent with the school’s mission and purpose. Such standards
971 shall be in accordance with current state law and practice in
972 public schools and may not discriminate against otherwise
973 qualified individuals.
974 6. Students articulating from one charter school to another
975 pursuant to an articulation agreement between the charter
976 schools that has been approved by the sponsor.
977 7. Students living in a development in which a developer,
978 including any affiliated business entity or charitable
979 foundation, contributes to the formation, acquisition,
980 construction, or operation of one or more charter schools or
981 charter provides the school facilities facility and related
982 property in an amount equal to or having a total an appraised
983 value of at least $5 million to be used as a charter schools
984 school to mitigate the educational impact created by the
985 development of new residential dwelling units. Students living
986 in the development are shall be entitled to no more than 50
987 percent of the student stations in the charter schools school.
988 The students who are eligible for enrollment are subject to a
989 random lottery, the racial/ethnic balance provisions, or any
990 federal provisions, as described in subparagraph 4. The
991 remainder of the student stations must shall be filled in
992 accordance with subparagraph 4.
993 (14) CHARTER SCHOOL FINANCIAL ARRANGEMENTS; INDEMNIFICATION
994 OF THE STATE AND SPONSOR SCHOOL DISTRICT; CREDIT OR TAXING POWER
995 NOT TO BE PLEDGED.—Any arrangement entered into to borrow or
996 otherwise secure funds for a charter school authorized in this
997 section from a source other than the state or a sponsor school
998 district shall indemnify the state and the sponsor school
999 district from any and all liability, including, but not limited
1000 to, financial responsibility for the payment of the principal or
1001 interest. Any loans, bonds, or other financial agreements are
1002 not obligations of the state or the sponsor school district but
1003 are obligations of the charter school authority and are payable
1004 solely from the sources of funds pledged by such agreement. The
1005 credit or taxing power of the state or the sponsor school
1006 district shall not be pledged and no debts shall be payable out
1007 of any moneys except those of the legal entity in possession of
1008 a valid charter approved by a sponsor district school board
1009 pursuant to this section.
1010 (15) CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER SCHOOLS-IN
1011 A-MUNICIPALITY.—
1012 (c) A charter school-in-a-municipality designation may be
1013 granted to a municipality that possesses a charter; enrolls
1014 students based upon a random lottery that involves all of the
1015 children of the residents of that municipality who are seeking
1016 enrollment, as provided for in subsection (10); and enrolls
1017 students according to the racial/ethnic balance provisions
1018 described in subparagraph (7)(a)8. When a municipality has
1019 submitted charter applications for the establishment of a
1020 charter school feeder pattern, consisting of elementary, middle,
1021 and senior high schools, and each individual charter application
1022 is approved by the sponsor district school board, such schools
1023 shall then be designated as one charter school for all purposes
1024 listed pursuant to this section. Any portion of the land and
1025 facility used for a public charter school shall be exempt from
1026 ad valorem taxes, as provided for in s. 1013.54, for the
1027 duration of its use as a public school.
1028 (17) FUNDING.—Students enrolled in a charter school,
1029 regardless of the sponsorship, shall be funded as if they are in
1030 a basic program or a special program, the same as students
1031 enrolled in other public schools in a the school district.
1032 Funding for a charter lab school shall be as provided in s.
1033 1002.32.
1034 (a) Each charter school shall report its student enrollment
1035 to the sponsor as required in s. 1011.62, and in accordance with
1036 the definitions in s. 1011.61. The sponsor shall include each
1037 charter school’s enrollment in the sponsor’s district’s report
1038 of student enrollment. All charter schools submitting student
1039 record information required by the Department of Education shall
1040 comply with the Department of Education’s guidelines for
1041 electronic data formats for such data, and all sponsors
1042 districts shall accept electronic data that complies with the
1043 Department of Education’s electronic format.
1044 (b)1. The basis for the agreement for funding students
1045 enrolled in a charter school shall be the sum of the school
1046 district’s operating funds from the Florida Education Finance
1047 Program as provided in s. 1011.62 and the General Appropriations
1048 Act, including gross state and local funds, discretionary
1049 lottery funds, and funds from the school district’s current
1050 operating discretionary millage levy; divided by total funded
1051 weighted full-time equivalent students in the school district;
1052 and multiplied by the weighted full-time equivalent students for
1053 the charter school. Charter schools whose students or programs
1054 meet the eligibility criteria in law are entitled to their
1055 proportionate share of categorical program funds included in the
1056 total funds available in the Florida Education Finance Program
1057 by the Legislature, including transportation, the research-based
1058 reading allocation, and the Florida digital classrooms
1059 allocation. Total funding for each charter school shall be
1060 recalculated during the year to reflect the revised calculations
1061 under the Florida Education Finance Program by the state and the
1062 actual weighted full-time equivalent students reported by the
1063 charter school during the full-time equivalent student survey
1064 periods designated by the Commissioner of Education. For charter
1065 schools operated by a not-for-profit or municipal entity, any
1066 unrestricted current and capital assets identified in the
1067 charter school’s annual financial audit may be used for other
1068 charter schools operated by the not-for-profit or municipal
1069 entity within the school district. Unrestricted current assets
1070 shall be used in accordance with s. 1011.62, and any
1071 unrestricted capital assets shall be used in accordance with s.
1072 1013.62(2).
1073 2.a. Students enrolled in a charter school sponsored by a
1074 state university or Florida College System institution pursuant
1075 to paragraph (5)(a) shall be funded as if they are in a basic
1076 program or a special program in the school district. The basis
1077 for funding these students is the sum of the total operating
1078 funds from the Florida Education Finance Program for the school
1079 district in which the school is located as provided in s.
1080 1011.62 and the General Appropriations Act, including gross
1081 state and local funds, discretionary lottery funds, and funds
1082 from each school district’s current operating discretionary
1083 millage levy, divided by total funded weighted full-time
1084 equivalent students in the district, and multiplied by the full
1085 time equivalent membership of the charter school. The Department
1086 of Education shall develop a tool that each state university or
1087 Florida College System institution sponsoring a charter school
1088 shall use for purposes of calculating the funding amount for
1089 each eligible charter school student. The total amount obtained
1090 from the calculation must be appropriated from state funds in
1091 the General Appropriations Act to the charter school.
1092 b. Capital outlay funding for a charter school sponsored by
1093 a state university or Florida College System institution
1094 pursuant to paragraph (5)(a) is determined pursuant to s.
1095 1013.62 and the General Appropriations Act.
1096 (c) Pursuant to 20 U.S.C. 8061 s. 10306, all charter
1097 schools shall receive all federal funding for which the school
1098 is otherwise eligible, including Title I funding, not later than
1099 5 months after the charter school first opens and within 5
1100 months after any subsequent expansion of enrollment. Unless
1101 otherwise mutually agreed to by the charter school and its
1102 sponsor, and consistent with state and federal rules and
1103 regulations governing the use and disbursement of federal funds,
1104 the sponsor shall reimburse the charter school on a monthly
1105 basis for all invoices submitted by the charter school for
1106 federal funds available to the sponsor for the benefit of the
1107 charter school, the charter school’s students, and the charter
1108 school’s students as public school students in the school
1109 district. Such federal funds include, but are not limited to,
1110 Title I, Title II, and Individuals with Disabilities Education
1111 Act (IDEA) funds. To receive timely reimbursement for an
1112 invoice, the charter school must submit the invoice to the
1113 sponsor at least 30 days before the monthly date of
1114 reimbursement set by the sponsor. In order to be reimbursed, any
1115 expenditures made by the charter school must comply with all
1116 applicable state rules and federal regulations, including, but
1117 not limited to, the applicable federal Office of Management and
1118 Budget Circulars; the federal Education Department General
1119 Administrative Regulations; and program-specific statutes,
1120 rules, and regulations. Such funds may not be made available to
1121 the charter school until a plan is submitted to the sponsor for
1122 approval of the use of the funds in accordance with applicable
1123 federal requirements. The sponsor has 30 days to review and
1124 approve any plan submitted pursuant to this paragraph.
1125 (d) Charter schools shall be included by the Department of
1126 Education and the district school board in requests for federal
1127 stimulus funds in the same manner as district school board
1128 operated public schools, including Title I and IDEA funds and
1129 shall be entitled to receive such funds. Charter schools are
1130 eligible to participate in federal competitive grants that are
1131 available as part of the federal stimulus funds.
1132 (e) Sponsors District school boards shall make timely and
1133 efficient payment and reimbursement to charter schools,
1134 including processing paperwork required to access special state
1135 and federal funding for which they may be eligible. Payments of
1136 funds under paragraph (b) shall be made monthly or twice a
1137 month, beginning with the start of the sponsor’s district school
1138 board’s fiscal year. Each payment shall be one-twelfth, or one
1139 twenty-fourth, as applicable, of the total state and local funds
1140 described in paragraph (b) and adjusted as set forth therein.
1141 For the first 2 years of a charter school’s operation, if a
1142 minimum of 75 percent of the projected enrollment is entered
1143 into the sponsor’s student information system by the first day
1144 of the current month, the sponsor district school board shall
1145 distribute funds to the school for the months of July through
1146 October based on the projected full-time equivalent student
1147 membership of the charter school as submitted in the approved
1148 application. If less than 75 percent of the projected enrollment
1149 is entered into the sponsor’s student information system by the
1150 first day of the current month, the sponsor shall base payments
1151 on the actual number of student enrollment entered into the
1152 sponsor’s student information system. Thereafter, the results of
1153 full-time equivalent student membership surveys shall be used in
1154 adjusting the amount of funds distributed monthly to the charter
1155 school for the remainder of the fiscal year. The payments shall
1156 be issued no later than 10 working days after the sponsor
1157 district school board receives a distribution of state or
1158 federal funds or the date the payment is due pursuant to this
1159 subsection. If a warrant for payment is not issued within 10
1160 working days after receipt of funding by the sponsor district
1161 school board, the sponsor school district shall pay to the
1162 charter school, in addition to the amount of the scheduled
1163 disbursement, interest at a rate of 1 percent per month
1164 calculated on a daily basis on the unpaid balance from the
1165 expiration of the 10 working days until such time as the warrant
1166 is issued. The district school board may not delay payment to a
1167 charter school of any portion of the funds provided in paragraph
1168 (b) based on the timing of receipt of local funds by the
1169 district school board.
1170 (f) Funding for a virtual charter school shall be as
1171 provided in s. 1002.45(7).
1172 (g) To be eligible for public education capital outlay
1173 (PECO) funds, a charter school must be located in the State of
1174 Florida.
1175 (h) A charter school that implements a schoolwide standard
1176 student attire policy pursuant to s. 1011.78 is eligible to
1177 receive incentive payments.
1178 (18) FACILITIES.—
1179 (e) If a district school board facility or property is
1180 available because it is surplus, marked for disposal, or
1181 otherwise unused, it shall be provided for a charter school’s
1182 use on the same basis as it is made available to other public
1183 schools in the district. A charter school receiving property
1184 from the sponsor school district may not sell or dispose of such
1185 property without written permission of the sponsor school
1186 district. Similarly, for an existing public school converting to
1187 charter status, no rental or leasing fee for the existing
1188 facility or for the property normally inventoried to the
1189 conversion school may be charged by the district school board to
1190 the parents and teachers organizing the charter school. The
1191 charter school shall agree to reasonable maintenance provisions
1192 in order to maintain the facility in a manner similar to
1193 district school board standards. The Public Education Capital
1194 Outlay maintenance funds or any other maintenance funds
1195 generated by the facility operated as a conversion school shall
1196 remain with the conversion school.
1197 (20) SERVICES.—
1198 (a)1. A sponsor shall provide certain administrative and
1199 educational services to charter schools. These services shall
1200 include contract management services; full-time equivalent and
1201 data reporting services; exceptional student education
1202 administration services; services related to eligibility and
1203 reporting duties required to ensure that school lunch services
1204 under the National School Lunch Program, consistent with the
1205 needs of the charter school, are provided by the sponsor school
1206 district at the request of the charter school, that any funds
1207 due to the charter school under the National School Lunch
1208 Program be paid to the charter school as soon as the charter
1209 school begins serving food under the National School Lunch
1210 Program, and that the charter school is paid at the same time
1211 and in the same manner under the National School Lunch Program
1212 as other public schools serviced by the sponsor or the school
1213 district; test administration services, including payment of the
1214 costs of state-required or district-required student
1215 assessments; processing of teacher certificate data services;
1216 and information services, including equal access to the
1217 sponsor’s student information systems that are used by public
1218 schools in the district in which the charter school is located
1219 or by schools in the sponsor’s portfolio of charter schools if
1220 the sponsor is not a school district. Student performance data
1221 for each student in a charter school, including, but not limited
1222 to, FCAT scores, standardized test scores, previous public
1223 school student report cards, and student performance measures,
1224 shall be provided by the sponsor to a charter school in the same
1225 manner provided to other public schools in the district or by
1226 schools in the sponsor’s portfolio of charter schools if the
1227 sponsor is not a school district.
1228 2. A sponsor may withhold an administrative fee for the
1229 provision of such services which shall be a percentage of the
1230 available funds defined in paragraph (17)(b) calculated based on
1231 weighted full-time equivalent students. If the charter school
1232 serves 75 percent or more exceptional education students as
1233 defined in s. 1003.01(3), the percentage shall be calculated
1234 based on unweighted full-time equivalent students. The
1235 administrative fee shall be calculated as follows:
1236 a. Up to 5 percent for:
1237 (I) Enrollment of up to and including 250 students in a
1238 charter school as defined in this section.
1239 (II) Enrollment of up to and including 500 students within
1240 a charter school system which meets all of the following:
1241 (A) Includes conversion charter schools and nonconversion
1242 charter schools.
1243 (B) Has all of its schools located in the same county.
1244 (C) Has a total enrollment exceeding the total enrollment
1245 of at least one school district in this the state.
1246 (D) Has the same governing board for all of its schools.
1247 (E) Does not contract with a for-profit service provider
1248 for management of school operations.
1249 (III) Enrollment of up to and including 250 students in a
1250 virtual charter school.
1251 b. Up to 2 percent for enrollment of up to and including
1252 250 students in a high-performing charter school as defined in
1253 s. 1002.331.
1254 c. Up to 2 percent for enrollment of up to and including
1255 250 students in an exceptional student education center that
1256 meets the requirements of the rules adopted by the State Board
1257 of Education pursuant to s. 1008.3415(3).
1258 3. A sponsor may not charge charter schools any additional
1259 fees or surcharges for administrative and educational services
1260 in addition to the maximum percentage of administrative fees
1261 withheld pursuant to this paragraph.
1262 4. A sponsor shall provide to the department by September
1263 15 of each year the total amount of funding withheld from
1264 charter schools pursuant to this subsection for the prior fiscal
1265 year. The department must include the information in the report
1266 required under sub-sub-subparagraph (5)(b)1.k.(III).
1267 (b) If goods and services are made available to the charter
1268 school through the contract with the sponsor school district,
1269 they shall be provided to the charter school at a rate no
1270 greater than the sponsor’s district’s actual cost unless
1271 mutually agreed upon by the charter school and the sponsor in a
1272 contract negotiated separately from the charter. When mediation
1273 has failed to resolve disputes over contracted services or
1274 contractual matters not included in the charter, an appeal may
1275 be made to an administrative law judge appointed by the Division
1276 of Administrative Hearings. The administrative law judge has
1277 final order authority to rule on the dispute. The administrative
1278 law judge shall award the prevailing party reasonable attorney
1279 fees and costs incurred during the mediation process,
1280 administrative proceeding, and any appeals, to be paid by the
1281 party whom the administrative law judge rules against. To
1282 maximize the use of state funds, sponsors school districts shall
1283 allow charter schools to participate in the sponsor’s bulk
1284 purchasing program if applicable.
1285 (c) Transportation of charter school students shall be
1286 provided by the charter school consistent with the requirements
1287 of subpart I.E. of chapter 1006 and s. 1012.45. The governing
1288 body of the charter school may provide transportation through an
1289 agreement or contract with the sponsor district school board, a
1290 private provider, or parents. The charter school and the sponsor
1291 shall cooperate in making arrangements that ensure that
1292 transportation is not a barrier to equal access for all students
1293 residing within a reasonable distance of the charter school as
1294 determined in its charter.
1295 (d) Each charter school shall annually complete and submit
1296 a survey, provided in a format specified by the Department of
1297 Education, to rate the timeliness and quality of services
1298 provided by the sponsor district in accordance with this
1299 section. The department shall compile the results, by sponsor
1300 district, and include the results in the report required under
1301 sub-sub-subparagraph (5)(b)1.k.(III).
1302 (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.—
1303 (a) The Department of Education shall provide information
1304 to the public, directly and through sponsors, on how to form and
1305 operate a charter school and how to enroll in a charter school
1306 once it is created. This information shall include the standard
1307 application form, standard charter contract, standard evaluation
1308 instrument, and standard charter renewal contract, which shall
1309 include the information specified in subsection (7) and shall be
1310 developed by consulting and negotiating with both sponsors
1311 school districts and charter schools before implementation. The
1312 charter and charter renewal contracts shall be used by charter
1313 school sponsors.
1314 (b)1. The Department of Education shall report to each
1315 charter school receiving a school grade pursuant to s. 1008.34
1316 or a school improvement rating pursuant to s. 1008.341 the
1317 school’s student assessment data.
1318 2. The charter school shall report the information in
1319 subparagraph 1. to each parent of a student at the charter
1320 school, the parent of a child on a waiting list for the charter
1321 school, the sponsor district in which the charter school is
1322 located, and the governing board of the charter school. This
1323 paragraph does not abrogate the provisions of s. 1002.22,
1324 relating to student records, or the requirements of 20 U.S.C. s.
1325 1232g, the Family Educational Rights and Privacy Act.
1326 (25) LOCAL EDUCATIONAL AGENCY STATUS FOR CERTAIN CHARTER
1327 SCHOOL SYSTEMS.—
1328 (a) A charter school system’s governing board shall be
1329 designated a local educational agency for the purpose of
1330 receiving federal funds, the same as though the charter school
1331 system were a school district, if the governing board of the
1332 charter school system has adopted and filed a resolution with
1333 its sponsor sponsoring district school board and the Department
1334 of Education in which the governing board of the charter school
1335 system accepts the full responsibility for all local education
1336 agency requirements and the charter school system meets all of
1337 the following:
1338 1. Has all schools located in the same county;
1339 2. Has a total enrollment exceeding the total enrollment of
1340 at least one school district in this the state; and
1341 3. Has the same governing board.
1342
1343 Such designation does not apply to other provisions unless
1344 specifically provided in law.
1345 (28) RULEMAKING.—The Department of Education, after
1346 consultation with sponsors school districts and charter school
1347 directors, shall recommend that the State Board of Education
1348 adopt rules to implement specific subsections of this section.
1349 Such rules shall require minimum paperwork and shall not limit
1350 charter school flexibility authorized by statute. The State
1351 Board of Education shall adopt rules, pursuant to ss. 120.536(1)
1352 and 120.54, to implement a standard charter application form,
1353 standard application form for the replication of charter schools
1354 in a high-performing charter school system, standard evaluation
1355 instrument, and standard charter and charter renewal contracts
1356 in accordance with this section.
1357 Section 3. Paragraph (a) of subsection (1), paragraph (a)
1358 of subsection (2), and paragraph (b) of subsection (3) of
1359 section 1002.331, Florida Statutes, are amended to read:
1360 1002.331 High-performing charter schools.—
1361 (1) A charter school is a high-performing charter school if
1362 it:
1363 (a)1. Received at least two school grades of “A” and no
1364 school grade below “B,” pursuant to s. 1008.34, during each of
1365 the previous 3 school years or received at least two consecutive
1366 school grades of “A” in the most recent 2 school years for the
1367 years that the school received a grade; or
1368 2. Receives, during its first 3 years of operation, funding
1369 through the National Fund of the Charter School Growth Fund, and
1370 has received no school grade lower than a “C,” pursuant to s.
1371 1008.34, during each of the previous 3 school years for the
1372 years that the school received a grade.
1373
1374 For purposes of determining initial eligibility, the
1375 requirements of paragraphs (b) and (c) only apply for the most
1376 recent 2 fiscal years if the charter school earns two
1377 consecutive grades of “A.” A virtual charter school established
1378 under s. 1002.33 is not eligible for designation as a high
1379 performing charter school.
1380 (2) A high-performing charter school is authorized to:
1381 (a) Increase its student enrollment once per school year to
1382 more than the capacity identified in the charter, but student
1383 enrollment may not exceed the capacity of the facility at the
1384 time the enrollment increase will take effect. Facility capacity
1385 for purposes of grade level expansion shall include any
1386 improvements to an existing facility or any new facility in
1387 which a majority of the students of the high-performing charter
1388 school will enroll.
1389
1390 A high-performing charter school shall notify its sponsor in
1391 writing by March 1 if it intends to increase enrollment or
1392 expand grade levels the following school year. The written
1393 notice shall specify the amount of the enrollment increase and
1394 the grade levels that will be added, as applicable. If a charter
1395 school notifies the sponsor of its intent to expand, the sponsor
1396 shall modify the charter within 90 days to include the new
1397 enrollment maximum and may not make any other changes. The
1398 sponsor may deny a request to increase the enrollment of a high
1399 performing charter school if the commissioner has declassified
1400 the charter school as high-performing. If a high-performing
1401 charter school requests to consolidate multiple charters, the
1402 sponsor shall have 40 days after receipt of that request to
1403 provide an initial draft charter to the charter school. The
1404 sponsor and charter school shall have 50 days thereafter to
1405 negotiate and notice the charter contract for final approval by
1406 the sponsor.
1407 (3)
1408 (b) A high-performing charter school may submit not
1409 establish more than two applications for a charter school to be
1410 opened schools within this the state under paragraph (a) at a
1411 time determined by the high-performing charter school in any
1412 year. A subsequent application to establish a charter school
1413 under paragraph (a) may not be submitted unless each charter
1414 school applicant commences operations or an application is
1415 otherwise withdrawn established in this manner achieves high
1416 performing charter school status. However, a high-performing
1417 charter school may establish more than one charter school within
1418 this the state under paragraph (a) in any year if it operates in
1419 the area of a persistently low-performing school and serves
1420 students from that school. This paragraph applies to any high
1421 performing charter school with an existing approved application.
1422 Section 4. Paragraph (c) of subsection (1), paragraphs (a),
1423 (g), and (h) of subsection (6), paragraph (d) of subsection (7),
1424 and paragraph (b) of subsection (10) of section 1002.333,
1425 Florida Statutes, are amended, and paragraph (e) is added to
1426 subsection (9) of that section, to read:
1427 1002.333 Persistently low-performing schools.—
1428 (1) DEFINITIONS.—As used in this section, the term:
1429 (c) “Persistently low-performing school” means a school
1430 that has earned three grades lower than a “C,” pursuant to s.
1431 1008.34, in at least 3 of the previous 5 years that the school
1432 received a grade and has not earned a grade of “B” or higher in
1433 the most recent 2 school years, and a school that was closed
1434 pursuant to s. 1008.33(4) within 2 years after the submission of
1435 a notice of intent.
1436 (6) STATUTORY AUTHORITY.—
1437 (a) A school of hope or a nonprofit entity that operates
1438 more than one school of hope through a performance-based
1439 agreement with a school district may be designated as a local
1440 education agency by the department, if requested, for the
1441 purposes of receiving federal funds and, in doing so, accepts
1442 the full responsibility for all local education agency
1443 requirements and the schools for which it will perform local
1444 education agency responsibilities.
1445 1. A nonprofit entity designated as a local education
1446 agency may report its students to the department in accordance
1447 with the definitions in s. 1011.61 and pursuant to the
1448 department’s procedures and timelines.
1449 2. Students enrolled in a school established by a hope
1450 operator designated as a local educational agency are not
1451 eligible students for purposes of calculating the district grade
1452 pursuant to s. 1008.34(5).
1453 (g) Each school of hope that has not been designated as a
1454 local education agency shall report its students to the school
1455 district as required in s. 1011.62, and in accordance with the
1456 definitions in s. 1011.61. The school district shall include
1457 each charter school’s enrollment in the district’s report of
1458 student enrollment. All charter schools submitting student
1459 record information required by the department shall comply with
1460 the department’s guidelines for electronic data formats for such
1461 data, and all districts shall accept electronic data that
1462 complies with the department’s electronic format.
1463 (h)1. A school of hope shall provide the school district
1464 with a concise, uniform, quarterly financial statement summary
1465 sheet that contains a balance sheet and a statement of revenue,
1466 expenditures, and changes in fund balance. The balance sheet and
1467 the statement of revenue, expenditures, and changes in fund
1468 balance shall be in the governmental fund format prescribed by
1469 the Governmental Accounting Standards Board. Additionally, a
1470 school of hope shall comply with the annual audit requirement
1471 for charter schools in s. 218.39.
1472 2. A school of hope is in compliance with subparagraph 1.
1473 if it is operated by a nonprofit entity designated as a local
1474 education agency and if the nonprofit submits to each school
1475 district in which it operates a school of hope:
1476 a. A concise, uniform, quarterly financial statement
1477 summary sheet that contains a balance sheet summarizing the
1478 revenue, expenditures, and changes in fund balance for the
1479 entity and for its schools of hope within the school district.
1480 b. An annual financial audit of the nonprofit which
1481 includes all schools of hope it operates within this state and
1482 which complies with s. 218.39 regarding audits of a school
1483 board.
1484 (7) FACILITIES.—
1485 (d) No later than January October 1, the department each
1486 school district shall annually provide to school districts the
1487 Department of Education a list of all underused, vacant, or
1488 surplus facilities owned or operated by the school district as
1489 reported in the Florida Inventory of School Houses. A school
1490 district may provide evidence to the department that the list
1491 contains errors or omissions within 30 days after receipt of the
1492 list. By each April 1, the department shall update and publish a
1493 final list of all underused, vacant, or surplus facilities owned
1494 or operated by each school district, based upon updated
1495 information provided by each school district. A hope operator
1496 establishing a school of hope may use an educational facility
1497 identified in this paragraph at no cost or at a mutually
1498 agreeable cost not to exceed $600 per student. A hope operator
1499 using a facility pursuant to this paragraph may not sell or
1500 dispose of such facility without the written permission of the
1501 school district. For purposes of this paragraph, the term
1502 “underused, vacant, or surplus facility” means an entire
1503 facility or portion thereof which is not fully used or is used
1504 irregularly or intermittently by the school district for
1505 instructional or program use.
1506 (9) FUNDING.—
1507 (e) For a nonprofit entity designated by the department as
1508 a local education agency pursuant to paragraph (6)(h), any
1509 unrestricted current and capital assets identified in the annual
1510 financial audit required by sub-subparagraph (6)(h)2.b. may be
1511 used for any other school of hope operated by the local
1512 education agency within the same district. Unrestricted current
1513 assets shall be used in accordance with s. 1011.62, and any
1514 unrestricted capital assets shall be used in accordance with s.
1515 1013.62(2).
1516 (10) SCHOOLS OF HOPE PROGRAM.—The Schools of Hope Program
1517 is created within the Department of Education.
1518 (b) Notwithstanding s. 216.301 and pursuant to s. 216.351,
1519 funds allocated for the purpose of this subsection which are not
1520 disbursed by June 30 of the fiscal year in which the funds are
1521 allocated may be carried forward for up to 7 5 years after the
1522 effective date of the original appropriation.
1523 Section 5. Paragraph (d) of subsection (1) and paragraph
1524 (a) of subsection (2) of section 1002.45, Florida Statutes, are
1525 amended to read:
1526 1002.45 Virtual instruction programs.—
1527 (1) PROGRAM.—
1528 (d) A virtual charter school may provide full-time or part
1529 time virtual instruction for students in kindergarten through
1530 grade 12 if the virtual charter school has a charter approved
1531 pursuant to s. 1002.33 authorizing full-time virtual
1532 instruction. A virtual charter school may:
1533 1. Contract with the Florida Virtual School.
1534 2. Contract with an approved provider under subsection (2).
1535 3. Enter into an agreement with a school district to allow
1536 the participation of the virtual charter school’s students in
1537 the school district’s virtual instruction program. The agreement
1538 must indicate a process for reporting of student enrollment and
1539 the transfer of funds required by paragraph (7)(e).
1540 (2) PROVIDER QUALIFICATIONS.—
1541 (a) The department shall annually publish online a list of
1542 providers approved to offer virtual instruction programs. To be
1543 approved by the department, a provider must document that it:
1544 1. Is nonsectarian in its programs, admission policies,
1545 employment practices, and operations;
1546 2. Complies with the antidiscrimination provisions of s.
1547 1000.05;
1548 3. Locates an administrative office or offices in this
1549 state, requires its administrative staff to be state residents,
1550 requires all instructional staff to be Florida-certified
1551 teachers under chapter 1012 and conducts background screenings
1552 for all employees or contracted personnel, as required by s.
1553 1012.32, using state and national criminal history records;
1554 4. Provides to parents and students specific information
1555 posted and accessible online that includes, but is not limited
1556 to, the following teacher-parent and teacher-student contact
1557 information for each course:
1558 a. How to contact the instructor via phone, e-mail, or
1559 online messaging tools.
1560 b. How to contact technical support via phone, e-mail, or
1561 online messaging tools.
1562 c. How to contact the administration office via phone, e
1563 mail, or online messaging tools.
1564 d. Any requirement for regular contact with the instructor
1565 for the course and clear expectations for meeting the
1566 requirement.
1567 e. The requirement that the instructor in each course must,
1568 at a minimum, conduct one contact via phone with the parent and
1569 the student each month;
1570 5. Possesses prior, successful experience offering online
1571 courses to elementary, middle, or high school students as
1572 demonstrated by quantified student learning gains in each
1573 subject area and grade level provided for consideration as an
1574 instructional program option. However, for a provider without
1575 sufficient prior, successful experience offering online courses,
1576 the department may conditionally approve the provider to offer
1577 courses measured pursuant to subparagraph (8)(a)2. Conditional
1578 approval shall be valid for 1 school year only and, based on the
1579 provider’s experience in offering the courses, the department
1580 shall determine whether to grant approval to offer a virtual
1581 instruction program;
1582 6. Is accredited by a regional accrediting association as
1583 defined by State Board of Education rule;
1584 7. Ensures instructional and curricular quality through a
1585 detailed curriculum and student performance accountability plan
1586 that addresses every subject and grade level it intends to
1587 provide through contract with the school district, including:
1588 a. Courses and programs that meet the standards of the
1589 International Association for K-12 Online Learning and the
1590 Southern Regional Education Board.
1591 b. Instructional content and services that align with, and
1592 measure student attainment of, student proficiency in the Next
1593 Generation Sunshine State Standards.
1594 c. Mechanisms that determine and ensure that a student has
1595 satisfied requirements for grade level promotion and high school
1596 graduation with a standard diploma, as appropriate;
1597 8. Publishes for the general public, in accordance with
1598 disclosure requirements adopted in rule by the State Board of
1599 Education, as part of its application as a provider and in all
1600 contracts negotiated pursuant to this section:
1601 a. Information and data about the curriculum of each full
1602 time and part-time program.
1603 b. School policies and procedures.
1604 c. Certification status and physical location of all
1605 administrative and instructional personnel.
1606 d. Hours and times of availability of instructional
1607 personnel.
1608 e. Student-teacher ratios.
1609 f. Student completion and promotion rates.
1610 g. Student, educator, and school performance accountability
1611 outcomes;
1612 9. If the provider is a Florida College System institution,
1613 employs instructors who meet the certification requirements for
1614 instructional staff under chapter 1012; and
1615 10. Performs an annual financial audit of its accounts and
1616 records conducted by an independent certified public accountant
1617 which is in accordance with rules adopted by the Auditor
1618 General, is conducted in compliance with generally accepted
1619 auditing standards, and includes a report on financial
1620 statements presented in accordance with generally accepted
1621 accounting principles.
1622 Section 6. Paragraph (a) of subsection (1) of section
1623 1003.493, Florida Statutes, is amended to read:
1624 1003.493 Career and professional academies and career
1625 themed courses.—
1626 (1)(a) A “career and professional academy” is a research
1627 based program that integrates a rigorous academic curriculum
1628 with an industry-specific curriculum aligned directly to
1629 priority workforce needs established by the local workforce
1630 development board or the Department of Economic Opportunity.
1631 Career and professional academies shall be offered by public
1632 schools and school districts. Career and professional academies
1633 may be offered by charter schools. The Florida Virtual School is
1634 encouraged to develop and offer rigorous career and professional
1635 courses as appropriate. Students completing career and
1636 professional academy programs must receive a standard high
1637 school diploma, the highest available industry certification,
1638 and opportunities to earn postsecondary credit if the academy
1639 partners with a postsecondary institution approved to operate in
1640 the state.
1641 Section 7. Present subsection (3) of section 1008.3415,
1642 Florida Statutes, is redesignated as subsection (4), and a new
1643 subsection (3) is added to that section, to read:
1644 1008.3415 School grade or school improvement rating for
1645 exceptional student education centers.—
1646 (3) A charter school that is an exceptional student
1647 education center and that receives two consecutive ratings of
1648 “maintaining” or higher may replicate its educational program
1649 under s. 1002.331(3). The Commissioner of Education, upon
1650 request by a charter school, shall verify that the charter
1651 school meets the requirements of this subsection and provide a
1652 letter to the charter school and the sponsor stating that the
1653 charter school may replicate its educational program in the same
1654 manner as a high-performing charter school under s. 1002.331(3).
1655 Section 8. Subsection (2) of section 1012.32, Florida
1656 Statutes, is amended to read:
1657 1012.32 Qualifications of personnel.—
1658 (2)(a) Instructional and noninstructional personnel who are
1659 hired or contracted to fill positions that require direct
1660 contact with students in any district school system or
1661 university lab school must, upon employment or engagement to
1662 provide services, undergo background screening as required under
1663 s. 1012.465 or s. 1012.56, whichever is applicable.
1664 (b)1. Instructional and noninstructional personnel who are
1665 hired or contracted to fill positions in a any charter school
1666 other than a school of hope as defined in s. 1002.333, and
1667 members of the governing board of such any charter school, in
1668 compliance with s. 1002.33(12)(g), must, upon employment,
1669 engagement of services, or appointment, shall undergo background
1670 screening as required under s. 1012.465 or s. 1012.56, whichever
1671 is applicable, by filing with the district school board for the
1672 school district in which the charter school is located a
1673 complete set of fingerprints taken by an authorized law
1674 enforcement agency or an employee of the school or school
1675 district who is trained to take fingerprints.
1676 2. Instructional and noninstructional personnel who are
1677 hired or contracted to fill positions in a school of hope as
1678 defined in s. 1002.333, and members of the governing board of
1679 such school of hope, shall file with the school of hope a
1680 complete set of fingerprints taken by an authorized law
1681 enforcement agency, by an employee of the school of hope or
1682 school district who is trained to take fingerprints, or by any
1683 other entity recognized by the Department of Law Enforcement to
1684 take fingerprints.
1685 (c) Instructional and noninstructional personnel who are
1686 hired or contracted to fill positions that require direct
1687 contact with students in an alternative school that operates
1688 under contract with a district school system must, upon
1689 employment or engagement to provide services, undergo background
1690 screening as required under s. 1012.465 or s. 1012.56, whichever
1691 is applicable, by filing with the district school board for the
1692 school district to which the alternative school is under
1693 contract a complete set of fingerprints taken by an authorized
1694 law enforcement agency or an employee of the school or school
1695 district who is trained to take fingerprints.
1696 (d) Student teachers and persons participating in a field
1697 experience pursuant to s. 1004.04(5) or s. 1004.85 in any
1698 district school system, lab school, or charter school must, upon
1699 engagement to provide services, undergo background screening as
1700 required under s. 1012.56.
1701
1702 Required fingerprints must shall be submitted to the Department
1703 of Law Enforcement for statewide criminal and juvenile records
1704 checks and to the Federal Bureau of Investigation for federal
1705 criminal records checks. A person subject to this subsection who
1706 is found ineligible for employment under s. 1012.315, or
1707 otherwise found through background screening to have been
1708 convicted of any crime involving moral turpitude as defined by
1709 rule of the State Board of Education, shall not be employed,
1710 engaged to provide services, or serve in any position that
1711 requires direct contact with students. Probationary persons
1712 subject to this subsection terminated because of their criminal
1713 record have the right to appeal such decisions. The cost of the
1714 background screening may be borne by the district school board,
1715 the charter school, the employee, the contractor, or a person
1716 subject to this subsection. A district school board shall
1717 reimburse a charter school the cost of background screening if
1718 it does not notify the charter school of the eligibility of a
1719 governing board member or instructional or noninstructional
1720 personnel within the earlier of 14 days after receipt of the
1721 background screening results from the Florida Department of Law
1722 Enforcement or 30 days of submission of fingerprints by the
1723 governing board member or instructional or noninstructional
1724 personnel.
1725 Section 9. Paragraph (a) of subsection (1) of section
1726 1013.62, Florida Statutes, is amended to read:
1727 1013.62 Charter schools capital outlay funding.—
1728 (1) For the 2020-2021 fiscal year, charter school capital
1729 outlay funding shall consist of state funds appropriated in the
1730 2020-2021 General Appropriations Act. Beginning in fiscal year
1731 2021-2022, charter school capital outlay funding shall consist
1732 of state funds when such funds are appropriated in the General
1733 Appropriations Act and revenue resulting from the discretionary
1734 millage authorized in s. 1011.71(2) if the amount of state funds
1735 appropriated for charter school capital outlay in any fiscal
1736 year is less than the average charter school capital outlay
1737 funds per unweighted full-time equivalent student for the 2018
1738 2019 fiscal year, multiplied by the estimated number of charter
1739 school students for the applicable fiscal year, and adjusted by
1740 changes in the Consumer Price Index issued by the United States
1741 Department of Labor from the previous fiscal year. Nothing in
1742 this subsection prohibits a school district from distributing to
1743 charter schools funds resulting from the discretionary millage
1744 authorized in s. 1011.71(2).
1745 (a) To be eligible to receive capital outlay funds, a
1746 charter school must:
1747 1.a. Have been in operation for 2 or more years;
1748 b. Be governed by a governing board established in the
1749 state for 2 or more years which operates both charter schools
1750 and conversion charter schools within the state;
1751 c. Be an expanded feeder chain of a charter school within
1752 the same school district that is currently receiving charter
1753 school capital outlay funds;
1754 d. Have been accredited by a regional accrediting
1755 association as defined by State Board of Education rule; or
1756 e. Serve students in facilities that are provided by a
1757 business partner for a charter school-in-the-workplace pursuant
1758 to s. 1002.33(15)(b); or
1759 f. Be operated by a hope operator pursuant to s. 1002.333.
1760 2. Have an annual audit that does not reveal any of the
1761 financial emergency conditions provided in s. 218.503(1) for the
1762 most recent fiscal year for which such audit results are
1763 available.
1764 3. Have satisfactory student achievement based on state
1765 accountability standards applicable to the charter school.
1766 4. Have received final approval from its sponsor pursuant
1767 to s. 1002.33 for operation during that fiscal year.
1768 5. Serve students in facilities that are not provided by
1769 the charter school’s sponsor.
1770 Section 10. If any provision of this act or its application
1771 to any person or circumstance is held invalid, the invalidity
1772 does not affect other provisions or applications of the act
1773 which can be given effect without the invalid provision or
1774 application, and to this end the provisions of this act are
1775 severable.
1776 Section 11. This act shall take effect July 1, 2021.