CS for CS for SB 1028 First Engrossed
20211028e1
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; amending s. 1002.33, F.S.; authorizing
6 state universities and Florida College System
7 institutions to solicit applications and sponsor
8 charter schools under certain circumstances;
9 prohibiting certain charter schools from being
10 sponsored by a Florida College System institution
11 until such charter schools’ existing charter expires;
12 authorizing a state university or Florida College
13 System institution to, at its discretion, deny an
14 application for a charter school; revising the
15 contents of an annual report that charter school
16 sponsors must provide to the Department of Education;
17 revising the date by which the department must post a
18 specified annual report; revising provisions relating
19 to Florida College System institutions that are
20 operating charter schools; prohibiting certain
21 interlocal agreements; requiring the board of trustees
22 of a state university or Florida College System
23 institution that is sponsoring a charter school to
24 serve as the local educational agency for such school;
25 prohibiting certain charter school students from being
26 included in specified school district grade
27 calculations; requiring the department to develop a
28 sponsor evaluation framework; providing requirements
29 for the framework; requiring the department to compile
30 results in a specified manner; deleting obsolete
31 language; revising requirements for the charter school
32 application process; requiring certain school
33 districts to reduce administrative fees withheld;
34 requiring such school districts to file monthly
35 reports; authorizing school districts to resume
36 withholding the full amount of administrative fees
37 under specified circumstance; authorizing certain
38 charter schools to recover attorney fees and costs;
39 requiring the State Board of Education to withhold
40 state funds from a district school board that is in
41 violation of a state board decision on a charter
42 school; authorizing parties to appeal without first
43 mediating in certain circumstances; providing that
44 certain changes to curriculum are deemed approved;
45 providing an exception; revising the circumstances in
46 which a charter may be immediately terminated;
47 providing that certain information must be provided to
48 specified entities upon immediate termination of a
49 charter; authorizing the award of specified fees and
50 costs in certain circumstances; authorizing a sponsor
51 to seek an injunction in certain circumstances;
52 revising provisions related to sponsor assumption of
53 operation; revising the student populations for which
54 a charter school is authorized to limit the enrollment
55 process; providing a calculation for the operational
56 funding for a charter school sponsored by a state
57 university or Florida College System institution;
58 requiring the department to develop a tool for state
59 universities and Florida College System institutions
60 for specified purposes relating to certain funding
61 calculations; providing that such funding must be
62 appropriated to the charter school; providing for
63 capital outlay funding for such schools; authorizing a
64 sponsor to withhold an administrative fee for the
65 provision of certain services to an exceptional
66 student education center that meets specified
67 requirements; conforming provisions to changes made by
68 the act; amending s. 1002.331, F.S.; revising
69 requirements for a charter school to be a high
70 performing charter school; revising a limitation on
71 the expansion of high-performing charter schools;
72 revising provisions relating to the opening of
73 additional high-performing charter schools; amending
74 s. 1002.333, F.S.; revising the definition of the term
75 “persistently low-performing school”; providing that
76 certain nonprofit entities may be designated as a
77 local education agency; providing that certain
78 entities report students to the department in a
79 specified manner; specifying reporting provisions that
80 apply only to certain schools of hope; providing that
81 schools of hope may comply with certain financial
82 reporting in a specified manner; revising the manner
83 in which underused, vacant, or surplus facilities
84 owned or operated by school districts are identified;
85 authorizing a nonprofit entity designated as a local
86 education agency to use any capital assets identified
87 in a certain annual financial audit for another school
88 of hope operated by the local education agency within
89 the same district; amending s. 1002.45, F.S.;
90 authorizing a virtual charter school to provide part
91 time virtual instruction; amending s. 1003.493, F.S.;
92 authorizing a charter school to offer a career and
93 professional academy; amending s. 1008.3415, F.S.;
94 requiring the Commissioner of Education, upon request
95 by a charter school that meets specified criteria, to
96 provide a letter to the charter school and the charter
97 school’s sponsor authorizing the charter school to
98 replicate its educational program; amending s.
99 1012.32, F.S.; providing an alternate screening method
100 for specified persons employed by certain schools of
101 hope or serving on certain school of hope governing
102 boards; amending s. 1013.62, F.S.; expanding
103 eligibility to receive capital outlay funds to schools
104 of hope operated by a hope operator; providing for
105 severability; providing an effective date.
106
107 Be It Enacted by the Legislature of the State of Florida:
108
109 Section 1. Subsection (2) of section 1002.32, Florida
110 Statutes, is amended to read:
111 1002.32 Developmental research (laboratory) schools.—
112 (2) ESTABLISHMENT.—There is established a category of
113 public schools to be known as developmental research
114 (laboratory) schools (lab schools). Each lab school shall
115 provide sequential instruction and shall be affiliated with the
116 college of education within the state university of closest
117 geographic proximity. A lab school to which a charter has been
118 issued under s. 1002.33(5)(a)2. must be affiliated with the
119 college of education within the state university that issued the
120 charter, but is not subject to the requirement that the state
121 university be of closest geographic proximity. For the purpose
122 of state funding, Florida Agricultural and Mechanical
123 University, Florida Atlantic University, Florida State
124 University, the University of Florida, and other universities
125 approved by the State Board of Education and the Legislature are
126 authorized to sponsor a lab school. The limitation of one lab
127 school per university shall not apply to the following
128 legislatively allowed charter lab schools authorized prior to
129 June 1, 2003: Florida State University Charter Lab K-12 School
130 in Broward County, Florida Atlantic University Charter Lab K-12
131 9-12 High School in Palm Beach County, and Florida Atlantic
132 University Charter Lab K-12 School in St. Lucie County. The
133 limitation of one lab school per university does not apply to a
134 university that establishes a lab school to serve families of a
135 military installation that is within the same county as a branch
136 campus that offers programs from the university’s college of
137 education.
138 Section 2. Paragraph (c) of subsection (2), subsection (5),
139 paragraphs (b) and (d) of subsection (6), paragraphs (a), (b),
140 and (d) of subsection (7), paragraphs (c), (d), and (e) of
141 subsection (8), paragraphs (g) and (n) of subsection (9),
142 paragraphs (d) and (e) of subsection (10), subsection (14),
143 paragraph (c) of subsection (15), subsection (17), paragraph (e)
144 of subsection (18), subsections (20) and (21), paragraph (a) of
145 subsection (25), and subsection (28) of section 1002.33, Florida
146 Statutes, are amended to read:
147 1002.33 Charter schools.—
148 (2) GUIDING PRINCIPLES; PURPOSE.—
149 (c) Charter schools may fulfill the following purposes:
150 1. Create innovative measurement tools.
151 2. Provide rigorous competition within the public school
152 system district to stimulate continual improvement in all public
153 schools.
154 3. Expand the capacity of the public school system.
155 4. Mitigate the educational impact created by the
156 development of new residential dwelling units.
157 5. Create new professional opportunities for teachers,
158 including ownership of the learning program at the school site.
159 (5) SPONSOR; DUTIES.—
160 (a) Sponsoring entities.—
161 1. A district school board may sponsor a charter school in
162 the county over which the district school board has
163 jurisdiction.
164 2. A state university may grant a charter to a lab school
165 created under s. 1002.32 and shall be considered to be the
166 school’s sponsor. Such school shall be considered a charter lab
167 school.
168 3. Because needs relating to educational capacity,
169 workforce qualifications, and career education opportunities are
170 constantly changing and extend beyond school district
171 boundaries:
172 a. A state university may, upon approval by the Department
173 of Education, solicit applications and sponsor a charter school
174 to meet regional education or workforce demands by serving
175 students from multiple school districts.
176 b. A Florida College System institution may, upon approval
177 by the Department of Education, solicit applications and sponsor
178 a charter school in any county within its service area to meet
179 workforce demands and may offer postsecondary programs leading
180 to industry certifications to eligible charter school students.
181 A charter school established under subparagraph (b)4. may not be
182 sponsored by a Florida College System institution until its
183 existing charter with the school district expires as provided
184 under subsection (7).
185 c. Notwithstanding paragraph (6)(b), a state university or
186 Florida College System institution may, at its discretion, deny
187 an application for a charter school.
188 (b) Sponsor duties.—
189 1.a. The sponsor shall monitor and review the charter
190 school in its progress toward the goals established in the
191 charter.
192 b. The sponsor shall monitor the revenues and expenditures
193 of the charter school and perform the duties provided in s.
194 1002.345.
195 c. The sponsor may approve a charter for a charter school
196 before the applicant has identified space, equipment, or
197 personnel, if the applicant indicates approval is necessary for
198 it to raise working funds.
199 d. The sponsor shall not apply its policies to a charter
200 school unless mutually agreed to by both the sponsor and the
201 charter school. If the sponsor subsequently amends any agreed
202 upon sponsor policy, the version of the policy in effect at the
203 time of the execution of the charter, or any subsequent
204 modification thereof, shall remain in effect and the sponsor may
205 not hold the charter school responsible for any provision of a
206 newly revised policy until the revised policy is mutually agreed
207 upon.
208 e. The sponsor shall ensure that the charter is innovative
209 and consistent with the state education goals established by s.
210 1000.03(5).
211 f. The sponsor shall ensure that the charter school
212 participates in the state’s education accountability system. If
213 a charter school falls short of performance measures included in
214 the approved charter, the sponsor shall report such shortcomings
215 to the Department of Education.
216 g. The sponsor shall not be liable for civil damages under
217 state law for personal injury, property damage, or death
218 resulting from an act or omission of an officer, employee,
219 agent, or governing body of the charter school.
220 h. The sponsor shall not be liable for civil damages under
221 state law for any employment actions taken by an officer,
222 employee, agent, or governing body of the charter school.
223 i. The sponsor’s duties to monitor the charter school shall
224 not constitute the basis for a private cause of action.
225 j. The sponsor shall not impose additional reporting
226 requirements on a charter school without providing reasonable
227 and specific justification in writing to the charter school.
228 k. The sponsor shall submit an annual report to the
229 Department of Education in a web-based format to be determined
230 by the department.
231 (I) The report shall include the following information:
232 (A) The number of draft applications received on or before
233 May 1 and each applicant’s contact information.
234 (B) The number of final applications received during the
235 school year and up to on or before August 1 and each applicant’s
236 contact information.
237 (B)(C) The date each application was approved, denied, or
238 withdrawn.
239 (C)(D) The date each final contract was executed.
240 (II) Annually, by November 1 Beginning August 31, 2013, and
241 each year thereafter, the sponsor shall submit to the department
242 the information for the applications submitted the previous
243 year.
244 (III) The department shall compile an annual report, by
245 sponsor district, and post the report on its website by January
246 15 November 1 of each year.
247 2. Immunity for the sponsor of a charter school under
248 subparagraph 1. applies only with respect to acts or omissions
249 not under the sponsor’s direct authority as described in this
250 section.
251 3. This paragraph does not waive a sponsor’s district
252 school board’s sovereign immunity.
253 4. A Florida College System institution may work with the
254 school district or school districts in its designated service
255 area to develop charter schools that offer secondary education.
256 These charter schools must include an option for students to
257 receive an associate degree upon high school graduation. If a
258 Florida College System institution operates an approved teacher
259 preparation program under s. 1004.04 or s. 1004.85, the
260 institution may operate no more than one charter schools school
261 that serve serves students in kindergarten through grade 12 in
262 any school district within the service area of the institution.
263 In kindergarten through grade 8, the charter school shall
264 implement innovative blended learning instructional models in
265 which, for a given course, a student learns in part through
266 online delivery of content and instruction with some element of
267 student control over time, place, path, or pace and in part at a
268 supervised brick-and-mortar location away from home. A student
269 in a blended learning course must be a full-time student of the
270 charter school and receive the online instruction in a classroom
271 setting at the charter school. District school boards shall
272 cooperate with and assist the Florida College System institution
273 on the charter application. Florida College System institution
274 applications for charter schools are not subject to the time
275 deadlines outlined in subsection (6) and may be approved by the
276 district school board at any time during the year. Florida
277 College System institutions may not report FTE for any students
278 participating under this subparagraph who receive FTE funding
279 through the Florida Education Finance Program.
280 5. For purposes of assisting the development of a charter
281 school, a school district may enter into nonexclusive interlocal
282 agreements with federal and state agencies, counties,
283 municipalities, and other governmental entities that operate
284 within the geographical borders of the school district to act on
285 behalf of such governmental entities in the inspection,
286 issuance, and other necessary activities for all necessary
287 permits, licenses, and other permissions that a charter school
288 needs in order for development, construction, or operation. A
289 charter school may use, but may not be required to use, a school
290 district for these services. The interlocal agreement must
291 include, but need not be limited to, the identification of fees
292 that charter schools will be charged for such services. The fees
293 must consist of the governmental entity’s fees plus a fee for
294 the school district to recover no more than actual costs for
295 providing such services. These services and fees are not
296 included within the services to be provided pursuant to
297 subsection (20). Notwithstanding any other provision of law, an
298 interlocal agreement between a school district and a federal or
299 state agency, county, municipality, or other governmental entity
300 which prohibits or limits the creation of a charter school
301 within the geographic borders of the school district is void and
302 unenforceable.
303 6. The board of trustees of a sponsoring state university
304 or Florida College System institution under paragraph (a) is the
305 local educational agency for all charter schools it sponsors for
306 purposes of receiving federal funds and accepts full
307 responsibility for all local educational agency requirements and
308 the schools for which it will perform local educational agency
309 responsibilities. A student enrolled in a charter school that is
310 sponsored by a state university or Florida College System
311 institution may not be included in the calculation of the school
312 district’s grade under s. 1008.34(5) for the school district in
313 which he or she resides.
314 (c) Sponsor accountability.—
315 1. The department shall, in collaboration with charter
316 school sponsors and charter school operators, develop a sponsor
317 evaluation framework that must address, at a minimum:
318 a. The sponsor’s strategic vision for charter school
319 authorization and the sponsor’s progress toward that vision.
320 b. The alignment of the sponsor’s policies and practices to
321 best practices for charter school authorization.
322 c. The academic and financial performance of all operating
323 charter schools overseen by the sponsor.
324 d. The status of charter schools authorized by the sponsor,
325 including approved, operating, and closed schools.
326 2. The department shall compile the results by sponsor and
327 include the results in the report required under sub-sub
328 subparagraph (b)1.k.(III).
329 (6) APPLICATION PROCESS AND REVIEW.—Charter school
330 applications are subject to the following requirements:
331 (b) A sponsor shall receive and review all applications for
332 a charter school using the evaluation instrument developed by
333 the Department of Education. A sponsor shall receive and
334 consider charter school applications received on or before
335 August 1 of each calendar year for charter schools to be opened
336 at the beginning of the school district’s next school year, or
337 to be opened at a time agreed to by the applicant and the
338 sponsor. A sponsor may not refuse to receive a charter school
339 application submitted before August 1 and may receive an
340 application submitted later than August 1 if it chooses.
341 Beginning in 2018 and thereafter, A sponsor shall receive and
342 consider charter school applications received on or before
343 February 1 of each calendar year for charter schools to be
344 opened 18 months later at the beginning of the school district’s
345 school year, or to be opened at a time determined by the
346 applicant. A sponsor may not refuse to receive a charter school
347 application submitted before February 1 and may receive an
348 application submitted later than February 1 if it chooses. A
349 sponsor may not charge an applicant for a charter any fee for
350 the processing or consideration of an application, and a sponsor
351 may not base its consideration or approval of a final
352 application upon the promise of future payment of any kind.
353 Before approving or denying any application, the sponsor shall
354 allow the applicant, upon receipt of written notification, at
355 least 7 calendar days to make technical or nonsubstantive
356 corrections and clarifications, including, but not limited to,
357 corrections of grammatical, typographical, and like errors or
358 missing signatures, if such errors are identified by the sponsor
359 as cause to deny the final application.
360 1. In order to facilitate an accurate budget projection
361 process, a sponsor shall be held harmless for FTE students who
362 are not included in the FTE projection due to approval of
363 charter school applications after the FTE projection deadline.
364 In a further effort to facilitate an accurate budget projection,
365 within 15 calendar days after receipt of a charter school
366 application, a sponsor shall report to the Department of
367 Education the name of the applicant entity, the proposed charter
368 school location, and its projected FTE.
369 2. In order to ensure fiscal responsibility, an application
370 for a charter school shall include a full accounting of expected
371 assets, a projection of expected sources and amounts of income,
372 including income derived from projected student enrollments and
373 from community support, and an expense projection that includes
374 full accounting of the costs of operation, including start-up
375 costs.
376 3.a. A sponsor shall by a majority vote approve or deny an
377 application no later than 90 calendar days after the application
378 is received, unless the sponsor and the applicant mutually agree
379 in writing to temporarily postpone the vote to a specific date,
380 at which time the sponsor shall by a majority vote approve or
381 deny the application. If the sponsor fails to act on the
382 application, an applicant may appeal to the State Board of
383 Education as provided in paragraph (c). If an application is
384 denied, the sponsor shall, within 10 calendar days after such
385 denial, articulate in writing the specific reasons, based upon
386 good cause, supporting its denial of the application and shall
387 provide the letter of denial and supporting documentation to the
388 applicant and to the Department of Education.
389 b. An application submitted by a high-performing charter
390 school identified pursuant to s. 1002.331 or a high-performing
391 charter school system identified pursuant to s. 1002.332 may be
392 denied by the sponsor only if the sponsor demonstrates by clear
393 and convincing evidence that:
394 (I) The application of a high-performing charter school
395 does not materially comply with the requirements in paragraph
396 (a) or, for a high-performing charter school system, the
397 application does not materially comply with s. 1002.332(2)(b);
398 (II) The charter school proposed in the application does
399 not materially comply with the requirements in paragraphs
400 (9)(a)-(f);
401 (III) The proposed charter school’s educational program
402 does not substantially replicate that of the applicant or one of
403 the applicant’s high-performing charter schools;
404 (IV) The applicant has made a material misrepresentation or
405 false statement or concealed an essential or material fact
406 during the application process; or
407 (V) The proposed charter school’s educational program and
408 financial management practices do not materially comply with the
409 requirements of this section.
410
411 Material noncompliance is a failure to follow requirements or a
412 violation of prohibitions applicable to charter school
413 applications, which failure is quantitatively or qualitatively
414 significant either individually or when aggregated with other
415 noncompliance. An applicant is considered to be replicating a
416 high-performing charter school if the proposed school is
417 substantially similar to at least one of the applicant’s high
418 performing charter schools and the organization or individuals
419 involved in the establishment and operation of the proposed
420 school are significantly involved in the operation of replicated
421 schools.
422 c. If the sponsor denies an application submitted by a
423 high-performing charter school or a high-performing charter
424 school system, the sponsor must, within 10 calendar days after
425 such denial, state in writing the specific reasons, based upon
426 the criteria in sub-subparagraph b., supporting its denial of
427 the application and must provide the letter of denial and
428 supporting documentation to the applicant and to the Department
429 of Education. The applicant may appeal the sponsor’s denial of
430 the application in accordance with paragraph (c).
431 4. For budget projection purposes, the sponsor shall report
432 to the Department of Education the approval or denial of an
433 application within 10 calendar days after such approval or
434 denial. In the event of approval, the report to the Department
435 of Education shall include the final projected FTE for the
436 approved charter school.
437 5. Upon approval of an application, the initial startup
438 shall commence with the beginning of the public school calendar
439 for the district in which the charter is granted. A charter
440 school may defer the opening of the school’s operations for up
441 to 3 years to provide time for adequate facility planning. The
442 charter school must provide written notice of such intent to the
443 sponsor and the parents of enrolled students at least 30
444 calendar days before the first day of school.
445 (d)1. The sponsor shall act upon the decision of the State
446 Board of Education within 30 calendar days after it is received.
447 The State Board of Education’s decision is a final action
448 subject to judicial review in the district court of appeal. A
449 prevailing party may file an action with the Division of
450 Administrative Hearings to recover reasonable attorney fees and
451 costs incurred during the denial of the application and any
452 appeals.
453 2. A school district that fails to implement the decision
454 affirmed by a district court of appeal shall reduce the
455 administrative fees withheld pursuant to subsection (20) to 1
456 percent for all charter schools operating in the school
457 district. Such school districts shall file a monthly report
458 detailing the reduction in the amount of administrative fees
459 withheld. Upon execution of the charter, the sponsor may resume
460 withholding the full amount of administrative fees but may not
461 recover any fees that would have otherwise accrued during the
462 period of noncompliance. Any charter school that had
463 administrative fees withheld in violation of this paragraph may
464 recover attorney fees and costs to enforce the requirements of
465 this paragraph.
466 (7) CHARTER.—The terms and conditions for the operation of
467 a charter school shall be set forth by the sponsor and the
468 applicant in a written contractual agreement, called a charter.
469 The sponsor and the governing board of the charter school shall
470 use the standard charter contract pursuant to subsection (21),
471 which shall incorporate the approved application and any addenda
472 approved with the application. Any term or condition of a
473 proposed charter contract that differs from the standard charter
474 contract adopted by rule of the State Board of Education shall
475 be presumed a limitation on charter school flexibility. The
476 sponsor may not impose unreasonable rules or regulations that
477 violate the intent of giving charter schools greater flexibility
478 to meet educational goals. The charter shall be signed by the
479 governing board of the charter school and the sponsor, following
480 a public hearing to ensure community input.
481 (a) The charter shall address and criteria for approval of
482 the charter shall be based on:
483 1. The school’s mission, the students to be served, and the
484 ages and grades to be included.
485 2. The focus of the curriculum, the instructional methods
486 to be used, any distinctive instructional techniques to be
487 employed, and identification and acquisition of appropriate
488 technologies needed to improve educational and administrative
489 performance which include a means for promoting safe, ethical,
490 and appropriate uses of technology which comply with legal and
491 professional standards.
492 a. The charter shall ensure that reading is a primary focus
493 of the curriculum and that resources are provided to identify
494 and provide specialized instruction for students who are reading
495 below grade level. The curriculum and instructional strategies
496 for reading must be consistent with the Next Generation Sunshine
497 State Standards and grounded in scientifically based reading
498 research.
499 b. In order to provide students with access to diverse
500 instructional delivery models, to facilitate the integration of
501 technology within traditional classroom instruction, and to
502 provide students with the skills they need to compete in the
503 21st century economy, the Legislature encourages instructional
504 methods for blended learning courses consisting of both
505 traditional classroom and online instructional techniques.
506 Charter schools may implement blended learning courses which
507 combine traditional classroom instruction and virtual
508 instruction. Students in a blended learning course must be full
509 time students of the charter school pursuant to s.
510 1011.61(1)(a)1. Instructional personnel certified pursuant to s.
511 1012.55 who provide virtual instruction for blended learning
512 courses may be employees of the charter school or may be under
513 contract to provide instructional services to charter school
514 students. At a minimum, such instructional personnel must hold
515 an active state or school district adjunct certification under
516 s. 1012.57 for the subject area of the blended learning course.
517 The funding and performance accountability requirements for
518 blended learning courses are the same as those for traditional
519 courses.
520 3. The current incoming baseline standard of student
521 academic achievement, the outcomes to be achieved, and the
522 method of measurement that will be used. The criteria listed in
523 this subparagraph shall include a detailed description of:
524 a. How the baseline student academic achievement levels and
525 prior rates of academic progress will be established.
526 b. How these baseline rates will be compared to rates of
527 academic progress achieved by these same students while
528 attending the charter school.
529 c. To the extent possible, how these rates of progress will
530 be evaluated and compared with rates of progress of other
531 closely comparable student populations.
532
533 A The district school board is required to provide academic
534 student performance data to charter schools for each of their
535 students coming from the district school system, as well as
536 rates of academic progress of comparable student populations in
537 the district school system.
538 4. The methods used to identify the educational strengths
539 and needs of students and how well educational goals and
540 performance standards are met by students attending the charter
541 school. The methods shall provide a means for the charter school
542 to ensure accountability to its constituents by analyzing
543 student performance data and by evaluating the effectiveness and
544 efficiency of its major educational programs. Students in
545 charter schools shall, at a minimum, participate in the
546 statewide assessment program created under s. 1008.22.
547 5. In secondary charter schools, a method for determining
548 that a student has satisfied the requirements for graduation in
549 s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
550 6. A method for resolving conflicts between the governing
551 board of the charter school and the sponsor.
552 7. The admissions procedures and dismissal procedures,
553 including the school’s code of student conduct. Admission or
554 dismissal must not be based on a student’s academic performance.
555 8. The ways by which the school will achieve a
556 racial/ethnic balance reflective of the community it serves or
557 within the racial/ethnic range of other nearby public schools in
558 the same school district.
559 9. The financial and administrative management of the
560 school, including a reasonable demonstration of the professional
561 experience or competence of those individuals or organizations
562 applying to operate the charter school or those hired or
563 retained to perform such professional services and the
564 description of clearly delineated responsibilities and the
565 policies and practices needed to effectively manage the charter
566 school. A description of internal audit procedures and
567 establishment of controls to ensure that financial resources are
568 properly managed must be included. Both public sector and
569 private sector professional experience shall be equally valid in
570 such a consideration.
571 10. The asset and liability projections required in the
572 application which are incorporated into the charter and shall be
573 compared with information provided in the annual report of the
574 charter school.
575 11. A description of procedures that identify various risks
576 and provide for a comprehensive approach to reduce the impact of
577 losses; plans to ensure the safety and security of students and
578 staff; plans to identify, minimize, and protect others from
579 violent or disruptive student behavior; and the manner in which
580 the school will be insured, including whether or not the school
581 will be required to have liability insurance, and, if so, the
582 terms and conditions thereof and the amounts of coverage.
583 12. The term of the charter which shall provide for
584 cancellation of the charter if insufficient progress has been
585 made in attaining the student achievement objectives of the
586 charter and if it is not likely that such objectives can be
587 achieved before expiration of the charter. The initial term of a
588 charter shall be for 5 years, excluding 2 planning years. In
589 order to facilitate access to long-term financial resources for
590 charter school construction, charter schools that are operated
591 by a municipality or other public entity as provided by law are
592 eligible for up to a 15-year charter, subject to approval by the
593 sponsor district school board. A charter lab school is eligible
594 for a charter for a term of up to 15 years. In addition, to
595 facilitate access to long-term financial resources for charter
596 school construction, charter schools that are operated by a
597 private, not-for-profit, s. 501(c)(3) status corporation are
598 eligible for up to a 15-year charter, subject to approval by the
599 sponsor district school board. Such long-term charters remain
600 subject to annual review and may be terminated during the term
601 of the charter, but only according to the provisions set forth
602 in subsection (8).
603 13. The facilities to be used and their location. The
604 sponsor may not require a charter school to have a certificate
605 of occupancy or a temporary certificate of occupancy for such a
606 facility earlier than 15 calendar days before the first day of
607 school.
608 14. The qualifications to be required of the teachers and
609 the potential strategies used to recruit, hire, train, and
610 retain qualified staff to achieve best value.
611 15. The governance structure of the school, including the
612 status of the charter school as a public or private employer as
613 required in paragraph (12)(i).
614 16. A timetable for implementing the charter which
615 addresses the implementation of each element thereof and the
616 date by which the charter shall be awarded in order to meet this
617 timetable.
618 17. In the case of an existing public school that is being
619 converted to charter status, alternative arrangements for
620 current students who choose not to attend the charter school and
621 for current teachers who choose not to teach in the charter
622 school after conversion in accordance with the existing
623 collective bargaining agreement or district school board rule in
624 the absence of a collective bargaining agreement. However,
625 alternative arrangements shall not be required for current
626 teachers who choose not to teach in a charter lab school, except
627 as authorized by the employment policies of the state university
628 which grants the charter to the lab school.
629 18. Full disclosure of the identity of all relatives
630 employed by the charter school who are related to the charter
631 school owner, president, chairperson of the governing board of
632 directors, superintendent, governing board member, principal,
633 assistant principal, or any other person employed by the charter
634 school who has equivalent decisionmaking authority. For the
635 purpose of this subparagraph, the term “relative” means father,
636 mother, son, daughter, brother, sister, uncle, aunt, first
637 cousin, nephew, niece, husband, wife, father-in-law, mother-in
638 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
639 stepfather, stepmother, stepson, stepdaughter, stepbrother,
640 stepsister, half brother, or half sister.
641 19. Implementation of the activities authorized under s.
642 1002.331 by the charter school when it satisfies the eligibility
643 requirements for a high-performing charter school. A high
644 performing charter school shall notify its sponsor in writing by
645 March 1 if it intends to increase enrollment or expand grade
646 levels the following school year. The written notice shall
647 specify the amount of the enrollment increase and the grade
648 levels that will be added, as applicable.
649 (b) The sponsor has 30 days after approval of the
650 application to provide an initial proposed charter contract to
651 the charter school. The applicant and the sponsor have 40 days
652 thereafter to negotiate and notice the charter contract for
653 final approval by the sponsor unless both parties agree to an
654 extension. The proposed charter contract shall be provided to
655 the charter school at least 7 calendar days before the date of
656 the meeting at which the charter is scheduled to be voted upon
657 by the sponsor. The Department of Education shall provide
658 mediation services for any dispute regarding this section
659 subsequent to the approval of a charter application and for any
660 dispute relating to the approved charter, except a dispute
661 regarding a charter school application denial. If either the
662 charter school or the sponsor indicates in writing that the
663 party does not desire to settle any dispute arising under this
664 section through mediation procedures offered by the Department
665 of Education, a charter school may immediately appeal any formal
666 or informal decision by the sponsor to an administrative law
667 judge appointed by the Division of Administrative Hearings. If
668 the Commissioner of Education determines that the dispute cannot
669 be settled through mediation, the dispute may also be appealed
670 to an administrative law judge appointed by the Division of
671 Administrative Hearings. The administrative law judge has final
672 order authority to rule on issues of equitable treatment of the
673 charter school as a public school, whether proposed provisions
674 of the charter violate the intended flexibility granted charter
675 schools by statute, or any other matter regarding this section,
676 except a dispute regarding charter school application denial, a
677 charter termination, or a charter nonrenewal. The administrative
678 law judge shall award the prevailing party reasonable attorney
679 fees and costs incurred during the mediation process,
680 administrative proceeding, and any appeals, to be paid by the
681 party whom the administrative law judge rules against.
682 (d) A charter may be modified during its initial term or
683 any renewal term upon the recommendation of the sponsor or the
684 charter school’s governing board and the approval of both
685 parties to the agreement. Changes to curriculum which are
686 consistent with state standards shall be deemed approved unless
687 the sponsor and the Department of Education determine in writing
688 that the curriculum is inconsistent with state standards.
689 Modification during any term may include, but is not limited to,
690 consolidation of multiple charters into a single charter if the
691 charters are operated under the same governing board, regardless
692 of the renewal cycle. A charter school that is not subject to a
693 school improvement plan and that closes as part of a
694 consolidation shall be reported by the sponsor school district
695 as a consolidation.
696 (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.—
697 (c) A charter may be terminated immediately if the sponsor
698 sets forth in writing the particular facts and circumstances
699 demonstrating indicating that an immediate and serious danger to
700 the health, safety, or welfare of the charter school’s students
701 exists, that the immediate and serious danger is likely to
702 continue, and that an immediate termination of the charter is
703 necessary. The sponsor’s determination is subject to the
704 procedures set forth in paragraph (b), except that the hearing
705 may take place after the charter has been terminated. The
706 sponsor shall notify in writing the charter school’s governing
707 board, the charter school principal, and the department of the
708 facts and circumstances supporting the immediate termination if
709 a charter is terminated immediately. The sponsor shall clearly
710 identify the specific issues that resulted in the immediate
711 termination and provide evidence of prior notification of issues
712 resulting in the immediate termination, if applicable when
713 appropriate. Upon receiving written notice from the sponsor, the
714 charter school’s governing board has 10 calendar days to request
715 a hearing. A requested hearing must be expedited and the final
716 order must be issued within 60 days after the date of request.
717 The administrative law judge shall award reasonable attorney
718 fees and costs to the prevailing party of any injunction,
719 administrative proceeding, or appeal. The sponsor may seek an
720 injunction in the circuit court in which the charter school is
721 located to enjoin continued operation of the charter school if
722 shall assume operation of the charter school throughout the
723 pendency of the hearing under paragraph (b) unless the continued
724 operation of the charter school would materially threaten the
725 health, safety, or welfare of the students. Failure by the
726 sponsor to assume and continue operation of the charter school
727 shall result in the awarding of reasonable costs and attorney’s
728 fees to the charter school if the charter school prevails on
729 appeal.
730 (d) When a charter is not renewed or is terminated, the
731 school shall be dissolved under the provisions of law under
732 which the school was organized, and any unencumbered public
733 funds, except for capital outlay funds and federal charter
734 school program grant funds, from the charter school shall revert
735 to the sponsor. Capital outlay funds provided pursuant to s.
736 1013.62 and federal charter school program grant funds that are
737 unencumbered shall revert to the department to be redistributed
738 among eligible charter schools. In the event a charter school is
739 dissolved or is otherwise terminated, all sponsor district
740 school board property and improvements, furnishings, and
741 equipment purchased with public funds shall automatically revert
742 to full ownership by the sponsor district school board, subject
743 to complete satisfaction of any lawful liens or encumbrances.
744 Any unencumbered public funds from the charter school, district
745 school board property and improvements, furnishings, and
746 equipment purchased with public funds, or financial or other
747 records pertaining to the charter school, in the possession of
748 any person, entity, or holding company, other than the charter
749 school, shall be held in trust upon the sponsor’s district
750 school board’s request, until any appeal status is resolved.
751 (e) If a charter is not renewed or is terminated, the
752 charter school is responsible for all debts of the charter
753 school. The sponsor district may not assume the debt from any
754 contract made between the governing body of the school and a
755 third party, except for a debt that is previously detailed and
756 agreed upon in writing by both the sponsor district and the
757 governing body of the school and that may not reasonably be
758 assumed to have been satisfied by the sponsor district.
759 (9) CHARTER SCHOOL REQUIREMENTS.—
760 (g)1. In order to provide financial information that is
761 comparable to that reported for other public schools, charter
762 schools are to maintain all financial records that constitute
763 their accounting system:
764 a. In accordance with the accounts and codes prescribed in
765 the most recent issuance of the publication titled “Financial
766 and Program Cost Accounting and Reporting for Florida Schools”;
767 or
768 b. At the discretion of the charter school’s governing
769 board, a charter school may elect to follow generally accepted
770 accounting standards for not-for-profit organizations, but must
771 reformat this information for reporting according to this
772 paragraph.
773 2. Charter schools shall provide annual financial report
774 and program cost report information in the state-required
775 formats for inclusion in sponsor district reporting in
776 compliance with s. 1011.60(1). Charter schools that are operated
777 by a municipality or are a component unit of a parent nonprofit
778 organization may use the accounting system of the municipality
779 or the parent but must reformat this information for reporting
780 according to this paragraph.
781 3. A charter school shall, upon approval of the charter
782 contract, provide the sponsor with a concise, uniform, monthly
783 financial statement summary sheet that contains a balance sheet
784 and a statement of revenue, expenditures, and changes in fund
785 balance. The balance sheet and the statement of revenue,
786 expenditures, and changes in fund balance shall be in the
787 governmental funds format prescribed by the Governmental
788 Accounting Standards Board. A high-performing charter school
789 pursuant to s. 1002.331 may provide a quarterly financial
790 statement in the same format and requirements as the uniform
791 monthly financial statement summary sheet. The sponsor shall
792 review each monthly or quarterly financial statement to identify
793 the existence of any conditions identified in s. 1002.345(1)(a).
794 4. A charter school shall maintain and provide financial
795 information as required in this paragraph. The financial
796 statement required in subparagraph 3. must be in a form
797 prescribed by the Department of Education.
798 (n)1. The director and a representative of the governing
799 board of a charter school that has earned a grade of “D” or “F”
800 pursuant to s. 1008.34 shall appear before the sponsor to
801 present information concerning each contract component having
802 noted deficiencies. The director and a representative of the
803 governing board shall submit to the sponsor for approval a
804 school improvement plan to raise student performance. Upon
805 approval by the sponsor, the charter school shall begin
806 implementation of the school improvement plan. The department
807 shall offer technical assistance and training to the charter
808 school and its governing board and establish guidelines for
809 developing, submitting, and approving such plans.
810 2.a. If a charter school earns three consecutive grades
811 below a “C,” the charter school governing board shall choose one
812 of the following corrective actions:
813 (I) Contract for educational services to be provided
814 directly to students, instructional personnel, and school
815 administrators, as prescribed in state board rule;
816 (II) Contract with an outside entity that has a
817 demonstrated record of effectiveness to operate the school;
818 (III) Reorganize the school under a new director or
819 principal who is authorized to hire new staff; or
820 (IV) Voluntarily close the charter school.
821 b. The charter school must implement the corrective action
822 in the school year following receipt of a third consecutive
823 grade below a “C.”
824 c. The sponsor may annually waive a corrective action if it
825 determines that the charter school is likely to improve a letter
826 grade if additional time is provided to implement the
827 intervention and support strategies prescribed by the school
828 improvement plan. Notwithstanding this sub-subparagraph, a
829 charter school that earns a second consecutive grade of “F” is
830 subject to subparagraph 3.
831 d. A charter school is no longer required to implement a
832 corrective action if it improves to a “C” or higher. However,
833 the charter school must continue to implement strategies
834 identified in the school improvement plan. The sponsor must
835 annually review implementation of the school improvement plan to
836 monitor the school’s continued improvement pursuant to
837 subparagraph 4.
838 e. A charter school implementing a corrective action that
839 does not improve to a “C” or higher after 2 full school years of
840 implementing the corrective action must select a different
841 corrective action. Implementation of the new corrective action
842 must begin in the school year following the implementation
843 period of the existing corrective action, unless the sponsor
844 determines that the charter school is likely to improve to a “C”
845 or higher if additional time is provided to implement the
846 existing corrective action. Notwithstanding this sub
847 subparagraph, a charter school that earns a second consecutive
848 grade of “F” while implementing a corrective action is subject
849 to subparagraph 3.
850 3. A charter school’s charter contract is automatically
851 terminated if the school earns two consecutive grades of “F”
852 after all school grade appeals are final unless:
853 a. The charter school is established to turn around the
854 performance of a district public school pursuant to s.
855 1008.33(4)(b)2. Such charter schools shall be governed by s.
856 1008.33;
857 b. The charter school serves a student population the
858 majority of which resides in a school zone served by a district
859 public school subject to s. 1008.33(4) and the charter school
860 earns at least a grade of “D” in its third year of operation.
861 The exception provided under this sub-subparagraph does not
862 apply to a charter school in its fourth year of operation and
863 thereafter; or
864 c. The state board grants the charter school a waiver of
865 termination. The charter school must request the waiver within
866 15 days after the department’s official release of school
867 grades. The state board may waive termination if the charter
868 school demonstrates that the Learning Gains of its students on
869 statewide assessments are comparable to or better than the
870 Learning Gains of similarly situated students enrolled in nearby
871 district public schools. The waiver is valid for 1 year and may
872 only be granted once. Charter schools that have been in
873 operation for more than 5 years are not eligible for a waiver
874 under this sub-subparagraph.
875
876 The sponsor shall notify the charter school’s governing board,
877 the charter school principal, and the department in writing when
878 a charter contract is terminated under this subparagraph. A
879 charter terminated under this subparagraph must follow the
880 procedures for dissolution and reversion of public funds
881 pursuant to paragraphs (8)(d)-(f) and (9)(o).
882 4. The director and a representative of the governing board
883 of a graded charter school that has implemented a school
884 improvement plan under this paragraph shall appear before the
885 sponsor at least once a year to present information regarding
886 the progress of intervention and support strategies implemented
887 by the school pursuant to the school improvement plan and
888 corrective actions, if applicable. The sponsor shall communicate
889 at the meeting, and in writing to the director, the services
890 provided to the school to help the school address its
891 deficiencies.
892 5. Notwithstanding any provision of this paragraph except
893 sub-subparagraphs 3.a.-c., the sponsor may terminate the charter
894 at any time pursuant to subsection (8).
895 (10) ELIGIBLE STUDENTS.—
896 (d) A charter school may give enrollment preference to the
897 following student populations:
898 1. Students who are siblings of a student enrolled in the
899 charter school.
900 2. Students who are the children of a member of the
901 governing board of the charter school.
902 3. Students who are the children of an employee of the
903 charter school.
904 4. Students who are the children of:
905 a. An employee of the business partner of a charter
906 school-in-the-workplace established under paragraph (15)(b) or a
907 resident of the municipality in which such charter school is
908 located; or
909 b. A resident or employee of a municipality that operates a
910 charter school-in-a-municipality pursuant to paragraph (15)(c)
911 or allows a charter school to use a school facility or portion
912 of land provided by the municipality for the operation of the
913 charter school.
914 5. Students who have successfully completed, during the
915 previous year, a voluntary prekindergarten education program
916 under ss. 1002.51-1002.79 provided by the charter school, or the
917 charter school’s governing board, or a voluntary prekindergarten
918 provider that has a written agreement with the governing board
919 during the previous year.
920 6. Students who are the children of an active duty member
921 of any branch of the United States Armed Forces.
922 7. Students who attended or are assigned to failing schools
923 pursuant to s. 1002.38(2).
924 (e) A charter school may limit the enrollment process only
925 to target the following student populations:
926 1. Students within specific age groups or grade levels.
927 2. Students considered at risk of dropping out of school or
928 academic failure. Such students shall include exceptional
929 education students.
930 3. Students enrolling in a charter school-in-the-workplace
931 or charter school-in-a-municipality established pursuant to
932 subsection (15).
933 4. Students residing within a reasonable distance of the
934 charter school, as described in paragraph (20)(c). Such students
935 shall be subject to a random lottery and to the racial/ethnic
936 balance provisions described in subparagraph (7)(a)8. or any
937 federal provisions that require a school to achieve a
938 racial/ethnic balance reflective of the community it serves or
939 within the racial/ethnic range of other nearby public schools in
940 the same school district.
941 5. Students who meet reasonable academic, artistic, or
942 other eligibility standards established by the charter school
943 and included in the charter school application and charter or,
944 in the case of existing charter schools, standards that are
945 consistent with the school’s mission and purpose. Such standards
946 shall be in accordance with current state law and practice in
947 public schools and may not discriminate against otherwise
948 qualified individuals.
949 6. Students articulating from one charter school to another
950 pursuant to an articulation agreement between the charter
951 schools that has been approved by the sponsor.
952 7. Students living in a development in which a developer,
953 including any affiliated business entity or charitable
954 foundation, contributes to the formation, acquisition,
955 construction, or operation of one or more charter schools or
956 charter provides the school facilities facility and related
957 property in an amount equal to or having a total an appraised
958 value of at least $5 million to be used as a charter schools
959 school to mitigate the educational impact created by the
960 development of new residential dwelling units. Students living
961 in the development are shall be entitled to no more than 50
962 percent of the student stations in the charter schools school.
963 The students who are eligible for enrollment are subject to a
964 random lottery, the racial/ethnic balance provisions, or any
965 federal provisions, as described in subparagraph 4. The
966 remainder of the student stations must shall be filled in
967 accordance with subparagraph 4.
968 (14) CHARTER SCHOOL FINANCIAL ARRANGEMENTS; INDEMNIFICATION
969 OF THE STATE AND SPONSOR SCHOOL DISTRICT; CREDIT OR TAXING POWER
970 NOT TO BE PLEDGED.—Any arrangement entered into to borrow or
971 otherwise secure funds for a charter school authorized in this
972 section from a source other than the state or a sponsor school
973 district shall indemnify the state and the sponsor school
974 district from any and all liability, including, but not limited
975 to, financial responsibility for the payment of the principal or
976 interest. Any loans, bonds, or other financial agreements are
977 not obligations of the state or the sponsor school district but
978 are obligations of the charter school authority and are payable
979 solely from the sources of funds pledged by such agreement. The
980 credit or taxing power of the state or the sponsor school
981 district shall not be pledged and no debts shall be payable out
982 of any moneys except those of the legal entity in possession of
983 a valid charter approved by a sponsor district school board
984 pursuant to this section.
985 (15) CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER SCHOOLS-IN
986 A-MUNICIPALITY.—
987 (c) A charter school-in-a-municipality designation may be
988 granted to a municipality that possesses a charter; enrolls
989 students based upon a random lottery that involves all of the
990 children of the residents of that municipality who are seeking
991 enrollment, as provided for in subsection (10); and enrolls
992 students according to the racial/ethnic balance provisions
993 described in subparagraph (7)(a)8. When a municipality has
994 submitted charter applications for the establishment of a
995 charter school feeder pattern, consisting of elementary, middle,
996 and senior high schools, and each individual charter application
997 is approved by the sponsor district school board, such schools
998 shall then be designated as one charter school for all purposes
999 listed pursuant to this section. Any portion of the land and
1000 facility used for a public charter school shall be exempt from
1001 ad valorem taxes, as provided for in s. 1013.54, for the
1002 duration of its use as a public school.
1003 (17) FUNDING.—Students enrolled in a charter school,
1004 regardless of the sponsorship, shall be funded as if they are in
1005 a basic program or a special program, the same as students
1006 enrolled in other public schools in a the school district.
1007 Funding for a charter lab school shall be as provided in s.
1008 1002.32.
1009 (a) Each charter school shall report its student enrollment
1010 to the sponsor as required in s. 1011.62, and in accordance with
1011 the definitions in s. 1011.61. The sponsor shall include each
1012 charter school’s enrollment in the sponsor’s district’s report
1013 of student enrollment. All charter schools submitting student
1014 record information required by the Department of Education shall
1015 comply with the Department of Education’s guidelines for
1016 electronic data formats for such data, and all sponsors
1017 districts shall accept electronic data that complies with the
1018 Department of Education’s electronic format.
1019 (b)1. The basis for the agreement for funding students
1020 enrolled in a charter school shall be the sum of the school
1021 district’s operating funds from the Florida Education Finance
1022 Program as provided in s. 1011.62 and the General Appropriations
1023 Act, including gross state and local funds, discretionary
1024 lottery funds, and funds from the school district’s current
1025 operating discretionary millage levy; divided by total funded
1026 weighted full-time equivalent students in the school district;
1027 and multiplied by the weighted full-time equivalent students for
1028 the charter school. Charter schools whose students or programs
1029 meet the eligibility criteria in law are entitled to their
1030 proportionate share of categorical program funds included in the
1031 total funds available in the Florida Education Finance Program
1032 by the Legislature, including transportation, the research-based
1033 reading allocation, and the Florida digital classrooms
1034 allocation. Total funding for each charter school shall be
1035 recalculated during the year to reflect the revised calculations
1036 under the Florida Education Finance Program by the state and the
1037 actual weighted full-time equivalent students reported by the
1038 charter school during the full-time equivalent student survey
1039 periods designated by the Commissioner of Education. For charter
1040 schools operated by a not-for-profit or municipal entity, any
1041 unrestricted current and capital assets identified in the
1042 charter school’s annual financial audit may be used for other
1043 charter schools operated by the not-for-profit or municipal
1044 entity within the school district. Unrestricted current assets
1045 shall be used in accordance with s. 1011.62, and any
1046 unrestricted capital assets shall be used in accordance with s.
1047 1013.62(2).
1048 2.a. Students enrolled in a charter school sponsored by a
1049 state university or Florida College System institution pursuant
1050 to paragraph (5)(a) shall be funded as if they are in a basic
1051 program or a special program in the school district. The basis
1052 for funding these students is the sum of the total operating
1053 funds from the Florida Education Finance Program for the school
1054 district in which the school is located as provided in s.
1055 1011.62 and the General Appropriations Act, including gross
1056 state and local funds, discretionary lottery funds, and funds
1057 from each school district’s current operating discretionary
1058 millage levy, divided by total funded weighted full-time
1059 equivalent students in the district, and multiplied by the full
1060 time equivalent membership of the charter school. The Department
1061 of Education shall develop a tool that each state university or
1062 Florida College System institution sponsoring a charter school
1063 shall use for purposes of calculating the funding amount for
1064 each eligible charter school student. The total amount obtained
1065 from the calculation must be appropriated from state funds in
1066 the General Appropriations Act to the charter school.
1067 b. Capital outlay funding for a charter school sponsored by
1068 a state university or Florida College System institution
1069 pursuant to paragraph (5)(a) is determined pursuant to s.
1070 1013.62 and the General Appropriations Act.
1071 (c) Pursuant to 20 U.S.C. 8061 s. 10306, all charter
1072 schools shall receive all federal funding for which the school
1073 is otherwise eligible, including Title I funding, not later than
1074 5 months after the charter school first opens and within 5
1075 months after any subsequent expansion of enrollment. Unless
1076 otherwise mutually agreed to by the charter school and its
1077 sponsor, and consistent with state and federal rules and
1078 regulations governing the use and disbursement of federal funds,
1079 the sponsor shall reimburse the charter school on a monthly
1080 basis for all invoices submitted by the charter school for
1081 federal funds available to the sponsor for the benefit of the
1082 charter school, the charter school’s students, and the charter
1083 school’s students as public school students in the school
1084 district. Such federal funds include, but are not limited to,
1085 Title I, Title II, and Individuals with Disabilities Education
1086 Act (IDEA) funds. To receive timely reimbursement for an
1087 invoice, the charter school must submit the invoice to the
1088 sponsor at least 30 days before the monthly date of
1089 reimbursement set by the sponsor. In order to be reimbursed, any
1090 expenditures made by the charter school must comply with all
1091 applicable state rules and federal regulations, including, but
1092 not limited to, the applicable federal Office of Management and
1093 Budget Circulars; the federal Education Department General
1094 Administrative Regulations; and program-specific statutes,
1095 rules, and regulations. Such funds may not be made available to
1096 the charter school until a plan is submitted to the sponsor for
1097 approval of the use of the funds in accordance with applicable
1098 federal requirements. The sponsor has 30 days to review and
1099 approve any plan submitted pursuant to this paragraph.
1100 (d) Charter schools shall be included by the Department of
1101 Education and the district school board in requests for federal
1102 stimulus funds in the same manner as district school board
1103 operated public schools, including Title I and IDEA funds and
1104 shall be entitled to receive such funds. Charter schools are
1105 eligible to participate in federal competitive grants that are
1106 available as part of the federal stimulus funds.
1107 (e) Sponsors District school boards shall make timely and
1108 efficient payment and reimbursement to charter schools,
1109 including processing paperwork required to access special state
1110 and federal funding for which they may be eligible. Payments of
1111 funds under paragraph (b) shall be made monthly or twice a
1112 month, beginning with the start of the sponsor’s district school
1113 board’s fiscal year. Each payment shall be one-twelfth, or one
1114 twenty-fourth, as applicable, of the total state and local funds
1115 described in paragraph (b) and adjusted as set forth therein.
1116 For the first 2 years of a charter school’s operation, if a
1117 minimum of 75 percent of the projected enrollment is entered
1118 into the sponsor’s student information system by the first day
1119 of the current month, the sponsor district school board shall
1120 distribute funds to the school for the months of July through
1121 October based on the projected full-time equivalent student
1122 membership of the charter school as submitted in the approved
1123 application. If less than 75 percent of the projected enrollment
1124 is entered into the sponsor’s student information system by the
1125 first day of the current month, the sponsor shall base payments
1126 on the actual number of student enrollment entered into the
1127 sponsor’s student information system. Thereafter, the results of
1128 full-time equivalent student membership surveys shall be used in
1129 adjusting the amount of funds distributed monthly to the charter
1130 school for the remainder of the fiscal year. The payments shall
1131 be issued no later than 10 working days after the sponsor
1132 district school board receives a distribution of state or
1133 federal funds or the date the payment is due pursuant to this
1134 subsection. If a warrant for payment is not issued within 10
1135 working days after receipt of funding by the sponsor district
1136 school board, the sponsor school district shall pay to the
1137 charter school, in addition to the amount of the scheduled
1138 disbursement, interest at a rate of 1 percent per month
1139 calculated on a daily basis on the unpaid balance from the
1140 expiration of the 10 working days until such time as the warrant
1141 is issued. The district school board may not delay payment to a
1142 charter school of any portion of the funds provided in paragraph
1143 (b) based on the timing of receipt of local funds by the
1144 district school board.
1145 (f) Funding for a virtual charter school shall be as
1146 provided in s. 1002.45(7).
1147 (g) To be eligible for public education capital outlay
1148 (PECO) funds, a charter school must be located in the State of
1149 Florida.
1150 (h) A charter school that implements a schoolwide standard
1151 student attire policy pursuant to s. 1011.78 is eligible to
1152 receive incentive payments.
1153 (18) FACILITIES.—
1154 (e) If a district school board facility or property is
1155 available because it is surplus, marked for disposal, or
1156 otherwise unused, it shall be provided for a charter school’s
1157 use on the same basis as it is made available to other public
1158 schools in the district. A charter school receiving property
1159 from the sponsor school district may not sell or dispose of such
1160 property without written permission of the sponsor school
1161 district. Similarly, for an existing public school converting to
1162 charter status, no rental or leasing fee for the existing
1163 facility or for the property normally inventoried to the
1164 conversion school may be charged by the district school board to
1165 the parents and teachers organizing the charter school. The
1166 charter school shall agree to reasonable maintenance provisions
1167 in order to maintain the facility in a manner similar to
1168 district school board standards. The Public Education Capital
1169 Outlay maintenance funds or any other maintenance funds
1170 generated by the facility operated as a conversion school shall
1171 remain with the conversion school.
1172 (20) SERVICES.—
1173 (a)1. A sponsor shall provide certain administrative and
1174 educational services to charter schools. These services shall
1175 include contract management services; full-time equivalent and
1176 data reporting services; exceptional student education
1177 administration services; services related to eligibility and
1178 reporting duties required to ensure that school lunch services
1179 under the National School Lunch Program, consistent with the
1180 needs of the charter school, are provided by the sponsor school
1181 district at the request of the charter school, that any funds
1182 due to the charter school under the National School Lunch
1183 Program be paid to the charter school as soon as the charter
1184 school begins serving food under the National School Lunch
1185 Program, and that the charter school is paid at the same time
1186 and in the same manner under the National School Lunch Program
1187 as other public schools serviced by the sponsor or the school
1188 district; test administration services, including payment of the
1189 costs of state-required or district-required student
1190 assessments; processing of teacher certificate data services;
1191 and information services, including equal access to the
1192 sponsor’s student information systems that are used by public
1193 schools in the district in which the charter school is located
1194 or by schools in the sponsor’s portfolio of charter schools if
1195 the sponsor is not a school district. Student performance data
1196 for each student in a charter school, including, but not limited
1197 to, FCAT scores, standardized test scores, previous public
1198 school student report cards, and student performance measures,
1199 shall be provided by the sponsor to a charter school in the same
1200 manner provided to other public schools in the district or by
1201 schools in the sponsor’s portfolio of charter schools if the
1202 sponsor is not a school district.
1203 2. A sponsor may withhold an administrative fee for the
1204 provision of such services which shall be a percentage of the
1205 available funds defined in paragraph (17)(b) calculated based on
1206 weighted full-time equivalent students. If the charter school
1207 serves 75 percent or more exceptional education students as
1208 defined in s. 1003.01(3), the percentage shall be calculated
1209 based on unweighted full-time equivalent students. The
1210 administrative fee shall be calculated as follows:
1211 a. Up to 5 percent for:
1212 (I) Enrollment of up to and including 250 students in a
1213 charter school as defined in this section.
1214 (II) Enrollment of up to and including 500 students within
1215 a charter school system which meets all of the following:
1216 (A) Includes conversion charter schools and nonconversion
1217 charter schools.
1218 (B) Has all of its schools located in the same county.
1219 (C) Has a total enrollment exceeding the total enrollment
1220 of at least one school district in this the state.
1221 (D) Has the same governing board for all of its schools.
1222 (E) Does not contract with a for-profit service provider
1223 for management of school operations.
1224 (III) Enrollment of up to and including 250 students in a
1225 virtual charter school.
1226 b. Up to 2 percent for enrollment of up to and including
1227 250 students in a high-performing charter school as defined in
1228 s. 1002.331.
1229 c. Up to 2 percent for enrollment of up to and including
1230 250 students in an exceptional student education center that
1231 meets the requirements of the rules adopted by the State Board
1232 of Education pursuant to s. 1008.3415(3).
1233 3. A sponsor may not charge charter schools any additional
1234 fees or surcharges for administrative and educational services
1235 in addition to the maximum percentage of administrative fees
1236 withheld pursuant to this paragraph.
1237 4. A sponsor shall provide to the department by September
1238 15 of each year the total amount of funding withheld from
1239 charter schools pursuant to this subsection for the prior fiscal
1240 year. The department must include the information in the report
1241 required under sub-sub-subparagraph (5)(b)1.k.(III).
1242 (b) If goods and services are made available to the charter
1243 school through the contract with the sponsor school district,
1244 they shall be provided to the charter school at a rate no
1245 greater than the sponsor’s district’s actual cost unless
1246 mutually agreed upon by the charter school and the sponsor in a
1247 contract negotiated separately from the charter. When mediation
1248 has failed to resolve disputes over contracted services or
1249 contractual matters not included in the charter, an appeal may
1250 be made to an administrative law judge appointed by the Division
1251 of Administrative Hearings. The administrative law judge has
1252 final order authority to rule on the dispute. The administrative
1253 law judge shall award the prevailing party reasonable attorney
1254 fees and costs incurred during the mediation process,
1255 administrative proceeding, and any appeals, to be paid by the
1256 party whom the administrative law judge rules against. To
1257 maximize the use of state funds, sponsors school districts shall
1258 allow charter schools to participate in the sponsor’s bulk
1259 purchasing program if applicable.
1260 (c) Transportation of charter school students shall be
1261 provided by the charter school consistent with the requirements
1262 of subpart I.E. of chapter 1006 and s. 1012.45. The governing
1263 body of the charter school may provide transportation through an
1264 agreement or contract with the sponsor district school board, a
1265 private provider, or parents. The charter school and the sponsor
1266 shall cooperate in making arrangements that ensure that
1267 transportation is not a barrier to equal access for all students
1268 residing within a reasonable distance of the charter school as
1269 determined in its charter.
1270 (d) Each charter school shall annually complete and submit
1271 a survey, provided in a format specified by the Department of
1272 Education, to rate the timeliness and quality of services
1273 provided by the sponsor district in accordance with this
1274 section. The department shall compile the results, by sponsor
1275 district, and include the results in the report required under
1276 sub-sub-subparagraph (5)(b)1.k.(III).
1277 (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.—
1278 (a) The Department of Education shall provide information
1279 to the public, directly and through sponsors, on how to form and
1280 operate a charter school and how to enroll in a charter school
1281 once it is created. This information shall include the standard
1282 application form, standard charter contract, standard evaluation
1283 instrument, and standard charter renewal contract, which shall
1284 include the information specified in subsection (7) and shall be
1285 developed by consulting and negotiating with both sponsors
1286 school districts and charter schools before implementation. The
1287 charter and charter renewal contracts shall be used by charter
1288 school sponsors.
1289 (b)1. The Department of Education shall report to each
1290 charter school receiving a school grade pursuant to s. 1008.34
1291 or a school improvement rating pursuant to s. 1008.341 the
1292 school’s student assessment data.
1293 2. The charter school shall report the information in
1294 subparagraph 1. to each parent of a student at the charter
1295 school, the parent of a child on a waiting list for the charter
1296 school, the sponsor district in which the charter school is
1297 located, and the governing board of the charter school. This
1298 paragraph does not abrogate the provisions of s. 1002.22,
1299 relating to student records, or the requirements of 20 U.S.C. s.
1300 1232g, the Family Educational Rights and Privacy Act.
1301 (25) LOCAL EDUCATIONAL AGENCY STATUS FOR CERTAIN CHARTER
1302 SCHOOL SYSTEMS.—
1303 (a) A charter school system’s governing board shall be
1304 designated a local educational agency for the purpose of
1305 receiving federal funds, the same as though the charter school
1306 system were a school district, if the governing board of the
1307 charter school system has adopted and filed a resolution with
1308 its sponsor sponsoring district school board and the Department
1309 of Education in which the governing board of the charter school
1310 system accepts the full responsibility for all local education
1311 agency requirements and the charter school system meets all of
1312 the following:
1313 1. Has all schools located in the same county;
1314 2. Has a total enrollment exceeding the total enrollment of
1315 at least one school district in this the state; and
1316 3. Has the same governing board.
1317
1318 Such designation does not apply to other provisions unless
1319 specifically provided in law.
1320 (28) RULEMAKING.—The Department of Education, after
1321 consultation with sponsors school districts and charter school
1322 directors, shall recommend that the State Board of Education
1323 adopt rules to implement specific subsections of this section.
1324 Such rules shall require minimum paperwork and shall not limit
1325 charter school flexibility authorized by statute. The State
1326 Board of Education shall adopt rules, pursuant to ss. 120.536(1)
1327 and 120.54, to implement a standard charter application form,
1328 standard application form for the replication of charter schools
1329 in a high-performing charter school system, standard evaluation
1330 instrument, and standard charter and charter renewal contracts
1331 in accordance with this section.
1332 Section 3. Paragraph (a) of subsection (1), paragraph (a)
1333 of subsection (2), and paragraph (b) of subsection (3) of
1334 section 1002.331, Florida Statutes, are amended to read:
1335 1002.331 High-performing charter schools.—
1336 (1) A charter school is a high-performing charter school if
1337 it:
1338 (a)1. Received at least two school grades of “A” and no
1339 school grade below “B,” pursuant to s. 1008.34, during each of
1340 the previous 3 school years or received at least two consecutive
1341 school grades of “A” in the most recent 2 school years for the
1342 years that the school received a grade; or
1343 2. Receives, during its first 3 years of operation, funding
1344 through the National Fund of the Charter School Growth Fund, and
1345 has received no school grade lower than a “C,” pursuant to s.
1346 1008.34, during each of the previous 3 school years for the
1347 years that the school received a grade.
1348
1349 For purposes of determining initial eligibility, the
1350 requirements of paragraphs (b) and (c) only apply for the most
1351 recent 2 fiscal years if the charter school earns two
1352 consecutive grades of “A.” A virtual charter school established
1353 under s. 1002.33 is not eligible for designation as a high
1354 performing charter school.
1355 (2) A high-performing charter school is authorized to:
1356 (a) Increase its student enrollment once per school year to
1357 more than the capacity identified in the charter, but student
1358 enrollment may not exceed the capacity of the facility at the
1359 time the enrollment increase will take effect. Facility capacity
1360 for purposes of grade level expansion shall include any
1361 improvements to an existing facility or any new facility in
1362 which a majority of the students of the high-performing charter
1363 school will enroll.
1364
1365 A high-performing charter school shall notify its sponsor in
1366 writing by March 1 if it intends to increase enrollment or
1367 expand grade levels the following school year. The written
1368 notice shall specify the amount of the enrollment increase and
1369 the grade levels that will be added, as applicable. If a charter
1370 school notifies the sponsor of its intent to expand, the sponsor
1371 shall modify the charter within 90 days to include the new
1372 enrollment maximum and may not make any other changes. The
1373 sponsor may deny a request to increase the enrollment of a high
1374 performing charter school if the commissioner has declassified
1375 the charter school as high-performing. If a high-performing
1376 charter school requests to consolidate multiple charters, the
1377 sponsor shall have 40 days after receipt of that request to
1378 provide an initial draft charter to the charter school. The
1379 sponsor and charter school shall have 50 days thereafter to
1380 negotiate and notice the charter contract for final approval by
1381 the sponsor.
1382 (3)
1383 (b) A high-performing charter school may submit not
1384 establish more than two applications for a charter school to be
1385 opened schools within this the state under paragraph (a) at a
1386 time determined by the high-performing charter school in any
1387 year. A subsequent application to establish a charter school
1388 under paragraph (a) may not be submitted unless each charter
1389 school applicant commences operations or an application is
1390 otherwise withdrawn established in this manner achieves high
1391 performing charter school status. However, a high-performing
1392 charter school may establish more than one charter school within
1393 this the state under paragraph (a) in any year if it operates in
1394 the area of a persistently low-performing school and serves
1395 students from that school. This paragraph applies to any high
1396 performing charter school with an existing approved application.
1397 Section 4. Paragraph (c) of subsection (1), paragraphs (a),
1398 (g), and (h) of subsection (6), and paragraph (d) of subsection
1399 (7) of section 1002.333, Florida Statutes, are amended, and
1400 paragraph (e) is added to subsection (9) of that section, to
1401 read:
1402 1002.333 Persistently low-performing schools.—
1403 (1) DEFINITIONS.—As used in this section, the term:
1404 (c) “Persistently low-performing school” means a school
1405 that has earned three grades lower than a “C,” pursuant to s.
1406 1008.34, in at least 3 of the previous 5 years that the school
1407 received a grade and has not earned a grade of “B” or higher in
1408 the most recent 2 school years, and a school that was closed
1409 pursuant to s. 1008.33(4) within 2 years after the submission of
1410 a notice of intent.
1411 (6) STATUTORY AUTHORITY.—
1412 (a) A school of hope or a nonprofit entity that operates
1413 more than one school of hope through a performance-based
1414 agreement with a school district may be designated as a local
1415 education agency by the department, if requested, for the
1416 purposes of receiving federal funds and, in doing so, accepts
1417 the full responsibility for all local education agency
1418 requirements and the schools for which it will perform local
1419 education agency responsibilities.
1420 1. A nonprofit entity designated as a local education
1421 agency may report its students to the department in accordance
1422 with the definitions in s. 1011.61 and pursuant to the
1423 department’s procedures and timelines.
1424 2. Students enrolled in a school established by a hope
1425 operator designated as a local educational agency are not
1426 eligible students for purposes of calculating the district grade
1427 pursuant to s. 1008.34(5).
1428 (g) Each school of hope that has not been designated as a
1429 local education agency shall report its students to the school
1430 district as required in s. 1011.62, and in accordance with the
1431 definitions in s. 1011.61. The school district shall include
1432 each charter school’s enrollment in the district’s report of
1433 student enrollment. All charter schools submitting student
1434 record information required by the department shall comply with
1435 the department’s guidelines for electronic data formats for such
1436 data, and all districts shall accept electronic data that
1437 complies with the department’s electronic format.
1438 (h)1. A school of hope shall provide the school district
1439 with a concise, uniform, quarterly financial statement summary
1440 sheet that contains a balance sheet and a statement of revenue,
1441 expenditures, and changes in fund balance. The balance sheet and
1442 the statement of revenue, expenditures, and changes in fund
1443 balance shall be in the governmental fund format prescribed by
1444 the Governmental Accounting Standards Board. Additionally, a
1445 school of hope shall comply with the annual audit requirement
1446 for charter schools in s. 218.39.
1447 2. A school of hope is in compliance with subparagraph 1.
1448 if it is operated by a nonprofit entity designated as a local
1449 education agency and if the nonprofit submits to each school
1450 district in which it operates a school of hope:
1451 a. A concise, uniform, quarterly financial statement
1452 summary sheet that contains a balance sheet summarizing the
1453 revenue, expenditures, and changes in fund balance for the
1454 entity and for its schools of hope within the school district.
1455 b. An annual financial audit of the nonprofit which
1456 includes all schools of hope it operates within this state and
1457 which complies with s. 218.39 regarding audits of a school
1458 board.
1459 (7) FACILITIES.—
1460 (d) No later than January October 1, the department each
1461 school district shall annually provide to school districts the
1462 Department of Education a list of all underused, vacant, or
1463 surplus facilities owned or operated by the school district as
1464 reported in the Florida Inventory of School Houses. A school
1465 district may provide evidence to the department that the list
1466 contains errors or omissions within 30 days after receipt of the
1467 list. By each April 1, the department shall update and publish a
1468 final list of all underused, vacant, or surplus facilities owned
1469 or operated by each school district, based upon updated
1470 information provided by each school district. A hope operator
1471 establishing a school of hope may use an educational facility
1472 identified in this paragraph at no cost or at a mutually
1473 agreeable cost not to exceed $600 per student. A hope operator
1474 using a facility pursuant to this paragraph may not sell or
1475 dispose of such facility without the written permission of the
1476 school district. For purposes of this paragraph, the term
1477 “underused, vacant, or surplus facility” means an entire
1478 facility or portion thereof which is not fully used or is used
1479 irregularly or intermittently by the school district for
1480 instructional or program use.
1481 (9) FUNDING.—
1482 (e) For a nonprofit entity designated by the department as
1483 a local education agency pursuant to paragraph (6)(h), any
1484 unrestricted current and capital assets identified in the annual
1485 financial audit required by sub-subparagraph (6)(h)2.b. may be
1486 used for any other school of hope operated by the local
1487 education agency within the same district. Unrestricted current
1488 assets shall be used in accordance with s. 1011.62, and any
1489 unrestricted capital assets shall be used in accordance with s.
1490 1013.62(2).
1491 Section 5. Paragraph (d) of subsection (1) and paragraph
1492 (a) of subsection (2) of section 1002.45, Florida Statutes, are
1493 amended to read:
1494 1002.45 Virtual instruction programs.—
1495 (1) PROGRAM.—
1496 (d) A virtual charter school may provide full-time or part
1497 time virtual instruction for students in kindergarten through
1498 grade 12 if the virtual charter school has a charter approved
1499 pursuant to s. 1002.33 authorizing full-time virtual
1500 instruction. A virtual charter school may:
1501 1. Contract with the Florida Virtual School.
1502 2. Contract with an approved provider under subsection (2).
1503 3. Enter into an agreement with a school district to allow
1504 the participation of the virtual charter school’s students in
1505 the school district’s virtual instruction program. The agreement
1506 must indicate a process for reporting of student enrollment and
1507 the transfer of funds required by paragraph (7)(e).
1508 (2) PROVIDER QUALIFICATIONS.—
1509 (a) The department shall annually publish online a list of
1510 providers approved to offer virtual instruction programs. To be
1511 approved by the department, a provider must document that it:
1512 1. Is nonsectarian in its programs, admission policies,
1513 employment practices, and operations;
1514 2. Complies with the antidiscrimination provisions of s.
1515 1000.05;
1516 3. Locates an administrative office or offices in this
1517 state, requires its administrative staff to be state residents,
1518 requires all instructional staff to be Florida-certified
1519 teachers under chapter 1012 and conducts background screenings
1520 for all employees or contracted personnel, as required by s.
1521 1012.32, using state and national criminal history records;
1522 4. Provides to parents and students specific information
1523 posted and accessible online that includes, but is not limited
1524 to, the following teacher-parent and teacher-student contact
1525 information for each course:
1526 a. How to contact the instructor via phone, e-mail, or
1527 online messaging tools.
1528 b. How to contact technical support via phone, e-mail, or
1529 online messaging tools.
1530 c. How to contact the administration office via phone, e
1531 mail, or online messaging tools.
1532 d. Any requirement for regular contact with the instructor
1533 for the course and clear expectations for meeting the
1534 requirement.
1535 e. The requirement that the instructor in each course must,
1536 at a minimum, conduct one contact via phone with the parent and
1537 the student each month;
1538 5. Possesses prior, successful experience offering online
1539 courses to elementary, middle, or high school students as
1540 demonstrated by quantified student learning gains in each
1541 subject area and grade level provided for consideration as an
1542 instructional program option. However, for a provider without
1543 sufficient prior, successful experience offering online courses,
1544 the department may conditionally approve the provider to offer
1545 courses measured pursuant to subparagraph (8)(a)2. Conditional
1546 approval shall be valid for 1 school year only and, based on the
1547 provider’s experience in offering the courses, the department
1548 shall determine whether to grant approval to offer a virtual
1549 instruction program;
1550 6. Is accredited by a regional accrediting association as
1551 defined by State Board of Education rule;
1552 7. Ensures instructional and curricular quality through a
1553 detailed curriculum and student performance accountability plan
1554 that addresses every subject and grade level it intends to
1555 provide through contract with the school district, including:
1556 a. Courses and programs that meet the standards of the
1557 International Association for K-12 Online Learning and the
1558 Southern Regional Education Board.
1559 b. Instructional content and services that align with, and
1560 measure student attainment of, student proficiency in the Next
1561 Generation Sunshine State Standards.
1562 c. Mechanisms that determine and ensure that a student has
1563 satisfied requirements for grade level promotion and high school
1564 graduation with a standard diploma, as appropriate;
1565 8. Publishes for the general public, in accordance with
1566 disclosure requirements adopted in rule by the State Board of
1567 Education, as part of its application as a provider and in all
1568 contracts negotiated pursuant to this section:
1569 a. Information and data about the curriculum of each full
1570 time and part-time program.
1571 b. School policies and procedures.
1572 c. Certification status and physical location of all
1573 administrative and instructional personnel.
1574 d. Hours and times of availability of instructional
1575 personnel.
1576 e. Student-teacher ratios.
1577 f. Student completion and promotion rates.
1578 g. Student, educator, and school performance accountability
1579 outcomes;
1580 9. If the provider is a Florida College System institution,
1581 employs instructors who meet the certification requirements for
1582 instructional staff under chapter 1012; and
1583 10. Performs an annual financial audit of its accounts and
1584 records conducted by an independent certified public accountant
1585 which is in accordance with rules adopted by the Auditor
1586 General, is conducted in compliance with generally accepted
1587 auditing standards, and includes a report on financial
1588 statements presented in accordance with generally accepted
1589 accounting principles.
1590 Section 6. Paragraph (a) of subsection (1) of section
1591 1003.493, Florida Statutes, is amended to read:
1592 1003.493 Career and professional academies and career
1593 themed courses.—
1594 (1)(a) A “career and professional academy” is a research
1595 based program that integrates a rigorous academic curriculum
1596 with an industry-specific curriculum aligned directly to
1597 priority workforce needs established by the local workforce
1598 development board or the Department of Economic Opportunity.
1599 Career and professional academies shall be offered by public
1600 schools and school districts. Career and professional academies
1601 may be offered by charter schools. The Florida Virtual School is
1602 encouraged to develop and offer rigorous career and professional
1603 courses as appropriate. Students completing career and
1604 professional academy programs must receive a standard high
1605 school diploma, the highest available industry certification,
1606 and opportunities to earn postsecondary credit if the academy
1607 partners with a postsecondary institution approved to operate in
1608 the state.
1609 Section 7. Present subsection (3) of section 1008.3415,
1610 Florida Statutes, is redesignated as subsection (4), and a new
1611 subsection (3) is added to that section, to read:
1612 1008.3415 School grade or school improvement rating for
1613 exceptional student education centers.—
1614 (3) A charter school that is an exceptional student
1615 education center and that receives two consecutive ratings of
1616 “maintaining” or higher may replicate its educational program
1617 under s. 1002.331(3). The Commissioner of Education, upon
1618 request by a charter school, shall verify that the charter
1619 school meets the requirements of this subsection and provide a
1620 letter to the charter school and the sponsor stating that the
1621 charter school may replicate its educational program in the same
1622 manner as a high-performing charter school under s. 1002.331(3).
1623 Section 8. Subsection (2) of section 1012.32, Florida
1624 Statutes, is amended to read:
1625 1012.32 Qualifications of personnel.—
1626 (2)(a) Instructional and noninstructional personnel who are
1627 hired or contracted to fill positions that require direct
1628 contact with students in any district school system or
1629 university lab school must, upon employment or engagement to
1630 provide services, undergo background screening as required under
1631 s. 1012.465 or s. 1012.56, whichever is applicable.
1632 (b)1. Instructional and noninstructional personnel who are
1633 hired or contracted to fill positions in a any charter school
1634 other than a school of hope as defined in s. 1002.333, and
1635 members of the governing board of such any charter school, in
1636 compliance with s. 1002.33(12)(g), must, upon employment,
1637 engagement of services, or appointment, shall undergo background
1638 screening as required under s. 1012.465 or s. 1012.56, whichever
1639 is applicable, by filing with the district school board for the
1640 school district in which the charter school is located a
1641 complete set of fingerprints taken by an authorized law
1642 enforcement agency or an employee of the school or school
1643 district who is trained to take fingerprints.
1644 2. Instructional and noninstructional personnel who are
1645 hired or contracted to fill positions in a school of hope as
1646 defined in s. 1002.333, and members of the governing board of
1647 such school of hope, shall file with the school of hope a
1648 complete set of fingerprints taken by an authorized law
1649 enforcement agency, by an employee of the school of hope or
1650 school district who is trained to take fingerprints, or by any
1651 other entity recognized by the Department of Law Enforcement to
1652 take fingerprints.
1653 (c) Instructional and noninstructional personnel who are
1654 hired or contracted to fill positions that require direct
1655 contact with students in an alternative school that operates
1656 under contract with a district school system must, upon
1657 employment or engagement to provide services, undergo background
1658 screening as required under s. 1012.465 or s. 1012.56, whichever
1659 is applicable, by filing with the district school board for the
1660 school district to which the alternative school is under
1661 contract a complete set of fingerprints taken by an authorized
1662 law enforcement agency or an employee of the school or school
1663 district who is trained to take fingerprints.
1664 (d) Student teachers and persons participating in a field
1665 experience pursuant to s. 1004.04(5) or s. 1004.85 in any
1666 district school system, lab school, or charter school must, upon
1667 engagement to provide services, undergo background screening as
1668 required under s. 1012.56.
1669
1670 Required fingerprints must shall be submitted to the Department
1671 of Law Enforcement for statewide criminal and juvenile records
1672 checks and to the Federal Bureau of Investigation for federal
1673 criminal records checks. A person subject to this subsection who
1674 is found ineligible for employment under s. 1012.315, or
1675 otherwise found through background screening to have been
1676 convicted of any crime involving moral turpitude as defined by
1677 rule of the State Board of Education, shall not be employed,
1678 engaged to provide services, or serve in any position that
1679 requires direct contact with students. Probationary persons
1680 subject to this subsection terminated because of their criminal
1681 record have the right to appeal such decisions. The cost of the
1682 background screening may be borne by the district school board,
1683 the charter school, the employee, the contractor, or a person
1684 subject to this subsection. A district school board shall
1685 reimburse a charter school the cost of background screening if
1686 it does not notify the charter school of the eligibility of a
1687 governing board member or instructional or noninstructional
1688 personnel within the earlier of 14 days after receipt of the
1689 background screening results from the Florida Department of Law
1690 Enforcement or 30 days of submission of fingerprints by the
1691 governing board member or instructional or noninstructional
1692 personnel.
1693 Section 9. Paragraph (a) of subsection (1) of section
1694 1013.62, Florida Statutes, is amended to read:
1695 1013.62 Charter schools capital outlay funding.—
1696 (1) For the 2020-2021 fiscal year, charter school capital
1697 outlay funding shall consist of state funds appropriated in the
1698 2020-2021 General Appropriations Act. Beginning in fiscal year
1699 2021-2022, charter school capital outlay funding shall consist
1700 of state funds when such funds are appropriated in the General
1701 Appropriations Act and revenue resulting from the discretionary
1702 millage authorized in s. 1011.71(2) if the amount of state funds
1703 appropriated for charter school capital outlay in any fiscal
1704 year is less than the average charter school capital outlay
1705 funds per unweighted full-time equivalent student for the 2018
1706 2019 fiscal year, multiplied by the estimated number of charter
1707 school students for the applicable fiscal year, and adjusted by
1708 changes in the Consumer Price Index issued by the United States
1709 Department of Labor from the previous fiscal year. Nothing in
1710 this subsection prohibits a school district from distributing to
1711 charter schools funds resulting from the discretionary millage
1712 authorized in s. 1011.71(2).
1713 (a) To be eligible to receive capital outlay funds, a
1714 charter school must:
1715 1.a. Have been in operation for 2 or more years;
1716 b. Be governed by a governing board established in the
1717 state for 2 or more years which operates both charter schools
1718 and conversion charter schools within the state;
1719 c. Be an expanded feeder chain of a charter school within
1720 the same school district that is currently receiving charter
1721 school capital outlay funds;
1722 d. Have been accredited by a regional accrediting
1723 association as defined by State Board of Education rule; or
1724 e. Serve students in facilities that are provided by a
1725 business partner for a charter school-in-the-workplace pursuant
1726 to s. 1002.33(15)(b); or
1727 f. Be operated by a hope operator pursuant to s. 1002.333.
1728 2. Have an annual audit that does not reveal any of the
1729 financial emergency conditions provided in s. 218.503(1) for the
1730 most recent fiscal year for which such audit results are
1731 available.
1732 3. Have satisfactory student achievement based on state
1733 accountability standards applicable to the charter school.
1734 4. Have received final approval from its sponsor pursuant
1735 to s. 1002.33 for operation during that fiscal year.
1736 5. Serve students in facilities that are not provided by
1737 the charter school’s sponsor.
1738 Section 10. If any provision of this act or its application
1739 to any person or circumstance is held invalid, the invalidity
1740 does not affect other provisions or applications of the act
1741 which can be given effect without the invalid provision or
1742 application, and to this end the provisions of this act are
1743 severable.
1744 Section 11. This act shall take effect July 1, 2021.