Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 822
       
       
       
       
       
       
                                Ì327032sÎ327032                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/31/2025           .                                
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       The Committee on Education Pre-K - 12 (Rodriguez) recommended
       the following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Delete lines 197 - 864
    4  and insert:
    5         (9) CHARTER SCHOOL REQUIREMENTS.—
    6         (s) A charter school governing board may adopt its own code
    7  of student conduct. The code of student conduct must meet or
    8  exceed the minimum standards set forth in the sponsor’s code of
    9  student conduct. Any provision of the code of student conduct
   10  which is more stringent than the sponsor’s code of student
   11  conduct must align with the mission of the charter school. The
   12  sponsor may review the code and offer recommendations. Any
   13  complaint or appeal related to the code of student conduct must
   14  be resolved by the charter school’s governing board using the
   15  board’s established procedures and must be in compliance with
   16  applicable law and rules.
   17         (10) ELIGIBLE STUDENTS.—
   18         (d) A charter school may give enrollment preference to the
   19  following student populations:
   20         1. Students who are siblings of a student enrolled in the
   21  charter school.
   22         2. Students who are the children of a member of the
   23  governing board of the charter school.
   24         3. Students who are the children of an employee of the
   25  charter school.
   26         4. Students who are the children of:
   27         a. An employee of the business partner of a charter school
   28  in-the-workplace established under paragraph (15)(b) or a
   29  resident of the municipality in which such charter school is
   30  located; or
   31         b. A resident or employee of a municipality that operates a
   32  charter school-in-a-municipality pursuant to paragraph (15)(c)
   33  or allows a charter school to use a school facility or portion
   34  of land provided by the municipality for the operation of the
   35  charter school.
   36         5. Students who have successfully completed, during the
   37  previous year, a voluntary prekindergarten education program
   38  under ss. 1002.51-1002.79 provided by the charter school, the
   39  charter school’s governing board, or a voluntary prekindergarten
   40  provider that has a written agreement with the governing board.
   41         6. Students who are the children of an active duty member
   42  of any branch of the United States Armed Forces.
   43         7. Students who attended or are assigned to failing schools
   44  pursuant to s. 1002.38(2).
   45         8. Students who are the children of a safe-school officer,
   46  as defined in s. 1006.12, at the school.
   47         9. Students who transfer from a classical school in this
   48  state to a charter classical school in this state. For purposes
   49  of this subparagraph, the term “classical school” means a
   50  traditional public school or charter school that implements a
   51  classical education model that emphasizes the development of
   52  students in the principles of moral character and civic virtue
   53  through a well-rounded education in the liberal arts and
   54  sciences which is based on the classical trivium stages of
   55  grammar, logic, and rhetoric.
   56         (h) The capacity of the charter school shall be determined
   57  annually by the governing board, in conjunction with the
   58  sponsor, of the charter school in consideration of the factors
   59  identified in this subsection and subsection (18) unless the
   60  charter school is designated as a high-performing charter school
   61  pursuant to s. 1002.331. A sponsor may not require a charter
   62  school to waive the provisions of s. 1002.331 or require a
   63  student enrollment cap that prohibits a high-performing charter
   64  school from increasing enrollment in accordance with s.
   65  1002.331(2) as a condition of approval or renewal of a charter.
   66         (16) EXEMPTION FROM STATUTES.—
   67         (b) Additionally, a charter school shall be in compliance
   68  with the following statutes:
   69         1. Section 286.011, relating to public meetings and
   70  records, public inspection, and criminal and civil penalties.
   71         2. Chapter 119, relating to public records.
   72         3. Section 1003.03, relating to the maximum class size,
   73  except that the calculation for compliance pursuant to s.
   74  1003.03 shall be the average at the school level.
   75         4. Section 1012.22(1)(c), relating to compensation and
   76  salary schedules.
   77         5. Section 1012.33(5), relating to workforce reductions.
   78         6. Section 1012.335, relating to contracts with
   79  instructional personnel hired on or after July 1, 2011.
   80         7. Section 1012.34, relating to the substantive
   81  requirements for performance evaluations for instructional
   82  personnel and school administrators.
   83         8. Section 1006.12, relating to safe-school officers.
   84         9. Section 1006.07(7), relating to threat management teams.
   85         10. Section 1006.07(9), relating to School Environmental
   86  Safety Incident Reporting.
   87         11. Section 1006.07(10), relating to reporting of
   88  involuntary examinations.
   89         12. Section 1006.1493, relating to the Florida Safe Schools
   90  Assessment Tool.
   91         13. Section 1006.07(6)(d), relating to adopting an active
   92  assailant response plan.
   93         14. Section 943.082(4)(b), relating to the mobile
   94  suspicious activity reporting tool.
   95         15. Section 1012.584, relating to youth mental health
   96  awareness and assistance training.
   97         16. Section 1001.42(4)(f)2., relating to middle school and
   98  high school start times. A charter school-in-the-workplace is
   99  exempt from this requirement.
  100         17. Section 1001.42(8)(c), relating to student welfare.
  101         (18) FACILITIES.—
  102         (h) A charter school that is not implementing a school
  103  improvement plan pursuant to paragraph (9)(n) or a corrective
  104  action plan pursuant to s. 1002.345 may increase its student
  105  enrollment to more than the capacity identified in the charter,
  106  but student enrollment may not exceed the capacity of the
  107  facility at the time the enrollment increase will take effect.
  108  Facility capacity for purposes of expansion must include any
  109  improvements to an existing facility or any new facility in
  110  which the student of the charter school will enroll. A charter
  111  school must notify its sponsor in writing by March 1 if it
  112  intends to increase enrollment for the following school year.
  113  The written notice must specify the amount of the enrollment
  114  increase.
  115         (20) SERVICES.—
  116         (a)1. A sponsor shall provide certain administrative and
  117  educational services to charter schools. These services shall
  118  include contract management services; full-time equivalent and
  119  data reporting services; exceptional student education
  120  administration services; services related to eligibility and
  121  reporting duties required to ensure that school lunch services
  122  under the National School Lunch Program, consistent with the
  123  needs of the charter school, are provided by the sponsor at the
  124  request of the charter school, that any funds due to the charter
  125  school under the National School Lunch Program be paid to the
  126  charter school as soon as the charter school begins serving food
  127  under the National School Lunch Program, and that the charter
  128  school is paid at the same time and in the same manner under the
  129  National School Lunch Program as other public schools serviced
  130  by the sponsor or the school district; test administration
  131  services, including payment of the costs of state-required or
  132  district-required student assessments; processing of teacher
  133  certificate data services; and information services, including
  134  equal access to the sponsor’s student information systems that
  135  are used by public schools in the district in which the charter
  136  school is located or by schools in the sponsor’s portfolio of
  137  charter schools if the sponsor is not a school district. Access
  138  to the sponsor’s student information system must be provided to
  139  the charter school and its contractor, unless prohibited by
  140  general or federal law. Student performance data for each
  141  student in a charter school, including, but not limited to,
  142  statewide FCAT scores, standardized test scores, coordinated
  143  screening and progress monitoring student results, previous
  144  public school student report cards, and student performance
  145  measures, shall be provided by the sponsor to a charter school
  146  in the same manner provided to other public schools in the
  147  district or by schools in the sponsor’s portfolio of charter
  148  schools if the sponsor is not a school district. The department
  149  shall provide student performance data to a charter school and
  150  its contractor, unless prohibited by general or federal law.
  151         2. A sponsor shall provide training to charter schools on
  152  systems the sponsor will require the charter school to use.
  153         3. A sponsor may withhold an administrative fee for the
  154  provision of such services which shall be a percentage of the
  155  available funds defined in paragraph (17)(b) calculated based on
  156  weighted full-time equivalent students. If the charter school
  157  serves 75 percent or more exceptional education students as
  158  defined in s. 1003.01(9), the percentage shall be calculated
  159  based on unweighted full-time equivalent students. The
  160  administrative fee shall be calculated as follows:
  161         a. Up to 5 percent for:
  162         (I) Enrollment of up to and including 250 students in a
  163  charter school as defined in this section.
  164         (II) Enrollment of up to and including 500 students within
  165  a charter school system which meets all of the following:
  166         (A) Includes conversion charter schools and nonconversion
  167  charter schools.
  168         (B) Has all of its schools located in the same county.
  169         (C) Has a total enrollment exceeding the total enrollment
  170  of at least one school district in this state.
  171         (D) Has the same governing board for all of its schools.
  172         (E) Does not contract with a for-profit service provider
  173  for management of school operations.
  174         (III) Enrollment of up to and including 250 students in a
  175  virtual charter school.
  176         b. Up to 2 percent for enrollment of up to and including
  177  250 students in a high-performing charter school as defined in
  178  s. 1002.331.
  179         c. Up to 2 percent for enrollment of up to and including
  180  250 students in an exceptional student education center that
  181  meets the requirements of the rules adopted by the State Board
  182  of Education pursuant to s. 1008.3415(3).
  183         4. A sponsor may not charge charter schools any additional
  184  fees or surcharges for administrative and educational services
  185  in addition to the maximum percentage of administrative fees
  186  withheld pursuant to this paragraph. A sponsor may not charge or
  187  withhold any administrative fee against a charter school for any
  188  funds specifically allocated by the Legislature for teacher
  189  compensation.
  190         5. A sponsor shall provide to the department by September
  191  15 of each year the total amount of funding withheld from
  192  charter schools pursuant to this subsection for the prior fiscal
  193  year. The department must include the information in the report
  194  required under sub-sub-subparagraph (5)(b)1.k.(III).
  195         6. A sponsor shall annually provide a report to its charter
  196  schools on what services are being rendered from the sponsor’s
  197  portion of the administrative fee. The report must include the
  198  listed services and be submitted to the department by September
  199  15 of each year.
  200         (26) STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.—
  201         (d) A landlord of a charter school or his or her spouse or
  202  an officer, director, or employee of an entity that is a
  203  landlord of a charter school or his or her spouse may not be a
  204  member of a governing board of a charter school unless the
  205  charter school was established pursuant to paragraph (15)(c).
  206         Section 2. Subsection (2) of section 1002.331, Florida
  207  Statutes, is amended to read:
  208         1002.331 High-performing charter schools.—
  209         (2) A high-performing charter school is authorized to:
  210         (a) Increase its student enrollment once per school year to
  211  more than the capacity identified in the charter, but student
  212  enrollment may not exceed the capacity of the facility at the
  213  time the enrollment increase will take effect. Facility capacity
  214  for purposes of expansion must shall include any improvements to
  215  an existing facility or any new facility in which the students
  216  of the high-performing charter school will enroll.
  217         (b) Expand grade levels within kindergarten through grade
  218  12 to add grade levels not already served if any annual
  219  enrollment increase resulting from grade level expansion is
  220  within the limit established in paragraph (a).
  221         (c) Submit a quarterly, rather than a monthly, financial
  222  statement to the sponsor pursuant to s. 1002.33(9)(g).
  223         (d) Consolidate under a single charter the charters of
  224  multiple high-performing charter schools operated in the same
  225  school district by the charter schools’ governing board
  226  regardless of the renewal cycle.
  227         (e) Receive a modification of its charter to a term of 15
  228  years or a 15-year charter renewal. The charter may be modified
  229  or renewed for a shorter term at the option of the high
  230  performing charter school. The charter must be consistent with
  231  s. 1002.33(7)(a)19. and (10)(h) and (i), is subject to annual
  232  review by the sponsor, and may be terminated during its term
  233  pursuant to s. 1002.33(8).
  234         (f) Assume the charter of an existing charter school within
  235  the same school district in which it operates. Any request to
  236  assume a charter must be initiated by a school in a written
  237  format to the high-performing charter school.
  238  
  239  A high-performing charter school shall notify its sponsor in
  240  writing by March 1 if it intends to increase enrollment or
  241  expand grade levels the following school year. The written
  242  notice shall specify the amount of the enrollment increase and
  243  the grade levels that will be added, as applicable. If a charter
  244  school notifies the sponsor of its intent to expand, the sponsor
  245  shall modify the charter within 90 days to include the new
  246  enrollment maximum and may not make any other changes. The
  247  sponsor may deny a request to increase the enrollment of a high
  248  performing charter school if the commissioner has declassified
  249  the charter school as high-performing. If a high-performing
  250  charter school requests to consolidate multiple charters or to
  251  assume an existing charter, the sponsor has shall have 40 days
  252  after receipt of that request to provide an initial draft
  253  charter to the charter school. The sponsor and charter school
  254  shall have 50 days thereafter to negotiate and notice the
  255  charter contract for final approval by the sponsor.
  256  
  257  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  258  And the directory clause is amended as follows:
  259         Delete lines 48 - 53
  260  and insert:
  261  paragraphs (d) and (h) of subsection (10), paragraph (b) of
  262  subsection (16), and paragraph (a) of subsection (20) of section
  263  1002.33, Florida Statutes, are amended, and paragraph (s) is
  264  added to subsection (9), paragraph (h) is added to subsection
  265  (18), and paragraph (d) is added to subsection (26) of
  266  
  267  ================= T I T L E  A M E N D M E N T ================
  268  And the title is amended as follows:
  269         Delete lines 4 - 43
  270  and insert:
  271         for charter schools; authorizing a charter school
  272         governing board to adopt its own code of student
  273         conduct; providing requirements for the code of
  274         student conduct; providing that charter schools are
  275         not exempt from a specified statute; authorizing a
  276         charter school to increase its student enrollment
  277         beyond the capacity identified in the charter under
  278         certain conditions; requiring a charter school to
  279         notify its sponsor in writing by a specified date, and
  280         to include specified information, if it plans to
  281         increase enrollment; revising services a sponsor must
  282         provide to a charter school; requiring the Department
  283         of Education to provide student performance data to a
  284         charter school and its contractor; providing an
  285         exception; prohibiting specified individuals from
  286         being on a charter school governing board; providing
  287         an exception; amending s. 1002.331, F.S.; authorizing
  288         a high-performing charter school to assume the charter
  289         of an existing charter school within the same school
  290         district; providing an effective date.