Bill Amendment: FL S1552 | 2015 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Student Choice
Status: 2015-05-01 - Died on Calendar [S1552 Detail]
Download: Florida-2015-S1552-Senate_Committee_Amendment_501414.html
Bill Title: Student Choice
Status: 2015-05-01 - Died on Calendar [S1552 Detail]
Download: Florida-2015-S1552-Senate_Committee_Amendment_501414.html
Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. CS for SB 1552
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LEGISLATIVE ACTION
Senate . House
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Appropriations Subcommittee on Education (Stargel) recommended
the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraphs (a) and (b) of subsection (6) and
6 subsection (16) of section 1002.20, Florida Statutes, are
7 amended to read:
8 1002.20 K-12 student and parent rights.—Parents of public
9 school students must receive accurate and timely information
10 regarding their child’s academic progress and must be informed
11 of ways they can help their child to succeed in school. K-12
12 students and their parents are afforded numerous statutory
13 rights including, but not limited to, the following:
14 (6) EDUCATIONAL CHOICE.—
15 (a) Public school choices.—Parents of public school
16 students may seek whatever public school choice options that are
17 applicable and available to students in their school districts.
18 These options may include controlled open enrollment, single
19 gender programs, lab schools, virtual instruction programs,
20 charter schools, charter technical career centers, magnet
21 schools, alternative schools, special programs, auditory-oral
22 education programs, advanced placement, dual enrollment,
23 International Baccalaureate, International General Certificate
24 of Secondary Education (pre-AICE), Advanced International
25 Certificate of Education, CAPE digital tools, CAPE industry
26 certifications, collegiate high school programs, early
27 admissions, credit by examination or demonstration of
28 competency, the New World School of the Arts, the Florida School
29 for the Deaf and the Blind, and the Florida Virtual School.
30 These options may also include the public educational school
31 choice options of the Opportunity Scholarship Program and the
32 McKay Scholarships for Students with Disabilities Program.
33 (b) Private educational school choices.—Parents of public
34 school students may seek private educational school choice
35 options under certain programs.
36 1. Under the McKay Scholarships for Students with
37 Disabilities Program, the parent of a public school student with
38 a disability may request and receive a McKay Scholarship for the
39 student to attend a private school in accordance with s.
40 1002.39.
41 2. Under the Florida Tax Credit Scholarship Program, the
42 parent of a student who qualifies for free or reduced-price
43 school lunch or who is currently placed, or during the previous
44 state fiscal year was placed, in foster care as defined in s.
45 39.01 may seek a scholarship from an eligible nonprofit
46 scholarship-funding organization in accordance with s. 1002.395.
47 3. Under the Florida Personal Learning Scholarship Accounts
48 Program, the parent of a student with a qualifying disability
49 may apply for a personal learning scholarship to be used for
50 educational purposes pursuant to s. 1002.385.
51 (16) SCHOOL ACCOUNTABILITY AND SCHOOL IMPROVEMENT RATING
52 REPORTS; FISCAL TRANSPARENCY.—Parents of public school students
53 have the right are entitled to an easy-to-read report card about
54 the school’s grade designation or, if applicable under s.
55 1008.341, the school’s improvement rating, and the school’s
56 accountability report, including the school financial report as
57 required under s. 1010.215 and the school district’s annual
58 financial report, including the expenditures on a per FTE basis
59 for the following fund types: general funds, special revenue
60 funds, debt service funds, and capital project fund. Fiduciary
61 funds, enterprise funds, and internal service funds may not be
62 included. At minimum, the total expenditures on a per FTE basis,
63 as reported in the school district’s annual financial report,
64 must be included in the parent guide.
65 Section 2. Section 1002.31, Florida Statutes, is amended to
66 read:
67 1002.31 Controlled open enrollment; Public school parental
68 choice.—
69 (1) As used in this section, “controlled open enrollment”
70 means a public education delivery system that allows school
71 districts to make student school assignments using parents’
72 indicated preferential school choice as a significant factor.
73 (2) As part of a district’s controlled open enrollment, and
74 in addition to the existing choice programs provided in s.
75 1002.20(6)(a), each district school board shall allow a parent
76 to enroll his or her child in and transport his or her child to
77 any public school that has not reached capacity in the district.
78 However, a district may provide transportation to students at
79 the district’s discretion. For purposes of continuity of
80 educational choice, the student shall remain at the school
81 chosen by the parent until the student completes the highest
82 grade level at the school may offer controlled open enrollment
83 within the public schools which is in addition to the existing
84 choice programs such as virtual instruction programs, magnet
85 schools, alternative schools, special programs, advanced
86 placement, and dual enrollment.
87 (3) Each district school board offering controlled open
88 enrollment shall adopt by rule and post on its website the
89 process required to participate in controlled open enrollment.
90 The process a controlled open enrollment plan which must:
91 (a) Adhere to federal desegregation requirements.
92 (b) Include an application process required to participate
93 in controlled open enrollment that allows parents to declare
94 school preferences, including placement of siblings within the
95 same school.
96 (b)(c) Provide a lottery procedure to determine student
97 assignment and establish an appeals process for hardship cases.
98 (c)(d) Afford parents of students in multiple session
99 schools preferred access to controlled open enrollment.
100 (d)(e) Maintain socioeconomic, demographic, and racial
101 balance.
102 (e)(f) Address the availability of transportation.
103 (f) Maintain existing academic eligibility criteria for
104 schools of choice, pursuant to s. 1002.20(6)(a).
105 (g) Identify schools that have not reached capacity, as
106 determined by the school district. When determining capacity of
107 each school in the district, the school district shall
108 incorporate the specifications, plans, elements, and commitments
109 contained in the school district educational facilities plan and
110 the long-term work programs required under s. 1013.35 in its
111 determination.
112 (h) For any county with a military base, create a
113 preference process for dependent children of active duty
114 military personnel.
115 (4) In accordance with the reporting requirements of s.
116 1011.62, each district school board shall annually report the
117 number of students exercising public school choice, by type of
118 choice attending the various types of public schools of choice
119 in the district, in accordance with including schools such as
120 virtual instruction programs, magnet schools, and public charter
121 schools, according to rules adopted by the State Board of
122 Education.
123 (5) A parent may enroll his or her child in and transport
124 his or her child to any public school that has not reached
125 capacity in any school district in the state. The school
126 district shall accept the student, pursuant to that district’s
127 controlled open enrollment participation process, and report the
128 student for purposes of the school district’s funding pursuant
129 to the Florida Education Finance Program. For purposes of
130 continuity of educational choice, the student shall remain at
131 the school chosen by the parent until the student completes the
132 highest grade level at the school For a school or program that
133 is a public school of choice under this section, the calculation
134 for compliance with maximum class size pursuant to s. 1003.03 is
135 the average number of students at the school level.
136 (6) Each district school board shall establish a transfer
137 process for a parent to request that his or her child be
138 transferred to another classroom teacher. This subsection does
139 not give a parent the right to choose a specific classroom
140 teacher. A school must grant or deny the transfer within 2 weeks
141 after receiving the request. If a request for transfer is
142 denied, the school shall notify the parent and specify the
143 reasons for the denial. An explanation of the transfer process
144 must be made available in the parent guide or a similar
145 publication.
146 Section 3. Paragraphs (a), (b), and (c) of subsection (6),
147 paragraphs (a), (b), and (d) of subsection (7), paragraphs (e),
148 (f), and (g) of subsection (8), paragraphs (g), (n), and (p) of
149 subsection (9), paragraph (a) of subsection (10), paragraphs (b)
150 and (e) of subsection (17), subsection (21), and paragraph (c)
151 of subsection (26) of section 1002.33, Florida Statutes, are
152 amended, paragraphs (h) and (i) are added to subsection (8) of
153 that section, a new subsection (27) is added to that section,
154 and present subsections (27) and (28) are redesignated as
155 subsections (28) and (29), respectively, to read:
156 1002.33 Charter schools.—
157 (6) APPLICATION PROCESS AND REVIEW.—Charter school
158 applications are subject to the following requirements:
159 (a) A person or entity wishing to open a charter school
160 shall prepare and submit an application on a model application
161 form prepared by the Department of Education which:
162 1. Demonstrates how the school will use the guiding
163 principles and meet the statutorily defined purpose of a charter
164 school.
165 2. Provides a detailed curriculum plan that illustrates how
166 students will be provided services to attain the Sunshine State
167 Standards.
168 3. Contains goals and objectives for improving student
169 learning and measuring that improvement. These goals and
170 objectives must indicate how much academic improvement students
171 are expected to show each year, how success will be evaluated,
172 and the specific results to be attained through instruction.
173 4. Describes the reading curriculum and differentiated
174 strategies that will be used for students reading at grade level
175 or higher and a separate curriculum and strategies for students
176 who are reading below grade level. A sponsor shall deny an
177 application a charter if the school does not propose a reading
178 curriculum that is consistent with effective teaching strategies
179 that are grounded in scientifically based reading research, but
180 the sponsor may not require the school to implement any
181 curriculum adopted by the school district.
182 5. Contains an annual financial plan for each year
183 requested by the charter for operation of the school for up to 5
184 years. This plan must contain anticipated fund balances based on
185 revenue projections, a spending plan based on projected revenues
186 and expenses, and a description of controls that will safeguard
187 finances and projected enrollment trends.
188 6. Discloses the name of each applicant, governing board
189 member, and proposed management company or cooperative, if any;
190 the name and sponsor of any charter school currently operated or
191 previously operated by such parties; and the academic and
192 financial history of such charter schools, which the sponsor
193 shall consider in deciding to approve or deny the application.
194 7. Documents that the governing board is independent of any
195 management company or cooperative and may, at its sole
196 discretion, terminate a contract with the management company or
197 cooperative at any time.
198 8.6. Contains additional information a sponsor may require,
199 which shall be attached as an addendum to the charter school
200 application described in this paragraph.
201 9.7. For the establishment of a virtual charter school,
202 documents that the applicant has contracted with a provider of
203 virtual instruction services pursuant to s. 1002.45(1)(d).
204 (b) A sponsor shall receive and review all applications for
205 a charter school using an evaluation instrument developed by the
206 Department of Education. A sponsor shall receive and consider
207 charter school applications received on or before August 1 of
208 each calendar year for charter schools to be opened at the
209 beginning of the school district’s next school year, or to be
210 opened at a time agreed to by the applicant and the sponsor. A
211 sponsor may not refuse to receive a charter school application
212 submitted before August 1 and may receive an application
213 submitted later than August 1 if it chooses. In order to
214 facilitate greater collaboration in the application process, an
215 applicant may submit a draft charter school application on or
216 before May 1 with an application fee of $500. If a draft
217 application is timely submitted, the sponsor shall review and
218 provide feedback as to material deficiencies in the application
219 by July 1. The applicant shall then have until August 1 to
220 resubmit a revised and final application. The sponsor may
221 approve the draft application. Except as provided for a draft
222 application, a sponsor may not charge an applicant for a charter
223 any fee for the processing or consideration of an application,
224 and a sponsor may not base its consideration or approval of a
225 final application upon the promise of future payment of any
226 kind. Before approving or denying any final application, the
227 sponsor shall allow the applicant, upon receipt of written
228 notification, at least 7 calendar days to make technical or
229 nonsubstantive corrections and clarifications, including, but
230 not limited to, corrections of grammatical, typographical, and
231 like errors or missing signatures, if such errors are identified
232 by the sponsor as cause to deny the final application.
233 1. In order to facilitate an accurate budget projection
234 process, a sponsor shall be held harmless for FTE students who
235 are not included in the FTE projection due to approval of
236 charter school applications after the FTE projection deadline.
237 In a further effort to facilitate an accurate budget projection,
238 within 15 calendar days after receipt of a charter school
239 application, a sponsor shall report to the Department of
240 Education the name of the applicant entity, the proposed charter
241 school location, and its projected FTE.
242 2. In order to ensure fiscal responsibility, an application
243 for a charter school shall include a full accounting of expected
244 assets, a projection of expected sources and amounts of income,
245 including income derived from projected student enrollments and
246 from community support, and an expense projection that includes
247 full accounting of the costs of operation, including start-up
248 costs. To ensure continued financial responsibility, a charter
249 school shall submit quarterly financial statements for the first
250 year of operation which include a full accounting of the costs
251 of operation and sources of income. If a school’s financial
252 statement indicates that the school is not financially viable,
253 the school must also prepare and submit a plan that describes
254 specific actions the school will take to become viable.
255 3.a. A sponsor shall by a majority vote approve or deny an
256 application no later than 60 calendar days after the application
257 is received, unless the sponsor and the applicant mutually agree
258 in writing to temporarily postpone the vote to a specific date,
259 at which time the sponsor shall by a majority vote approve or
260 deny the application. If the sponsor fails to act on the
261 application, an applicant may appeal to the State Board of
262 Education as provided in paragraph (c). If an application is
263 denied, the sponsor shall, within 10 calendar days after such
264 denial, articulate in writing the specific reasons, based upon
265 good cause, supporting its denial of the charter application and
266 shall provide the letter of denial and supporting documentation
267 to the applicant and to the Department of Education.
268 b. An application submitted by a high-performing charter
269 school identified pursuant to s. 1002.331 may be denied by the
270 sponsor only if the sponsor demonstrates by clear and convincing
271 evidence that:
272 (I) The application does not materially comply with the
273 requirements in paragraph (a);
274 (II) The charter school proposed in the application does
275 not materially comply with the requirements in paragraphs
276 (9)(a)-(f);
277 (III) The proposed charter school’s educational program
278 does not substantially replicate that of the applicant or one of
279 the applicant’s high-performing charter schools;
280 (IV) The applicant has made a material misrepresentation or
281 false statement or concealed an essential or material fact
282 during the application process; or
283 (V) The proposed charter school’s educational program and
284 financial management practices do not materially comply with the
285 requirements of this section.
286
287 Material noncompliance is a failure to follow requirements or a
288 violation of prohibitions applicable to charter school
289 applications, which failure is quantitatively or qualitatively
290 significant either individually or when aggregated with other
291 noncompliance. An applicant is considered to be replicating a
292 high-performing charter school if the proposed school is
293 substantially similar to at least one of the applicant’s high
294 performing charter schools and the organization or individuals
295 involved in the establishment and operation of the proposed
296 school are significantly involved in the operation of replicated
297 schools.
298 c. If the sponsor denies an application submitted by a
299 high-performing charter school, the sponsor must, within 10
300 calendar days after such denial, state in writing the specific
301 reasons, based upon the criteria in sub-subparagraph b.,
302 supporting its denial of the application and must provide the
303 letter of denial and supporting documentation to the applicant
304 and to the Department of Education. The applicant may appeal the
305 sponsor’s denial of the application directly to the State Board
306 of Education pursuant to paragraph (c) and must provide the
307 sponsor with a copy of the appeal sub-subparagraph (c)3.b.
308 4. For budget projection purposes, the sponsor shall report
309 to the Department of Education the approval or denial of a
310 charter application within 10 calendar days after such approval
311 or denial. In the event of approval, the report to the
312 Department of Education shall include the final projected FTE
313 for the approved charter school.
314 5. Upon approval of a charter application, the initial
315 startup shall commence with the beginning of the public school
316 calendar for the district in which the charter is granted unless
317 the sponsor allows a waiver of this subparagraph for good cause.
318 6. A person, or an officer of an entity, who submits an
319 application pursuant to this subsection must undergo background
320 screening in the same manner as instructional and
321 noninstructional personnel hired or contracted to fill positions
322 in a charter school or as members of the governing board of a
323 charter school undergo background screening under s. 1012.32.
324 Notwithstanding any other provision of this subsection, a person
325 may not receive approval of a charter application until the
326 person’s screening is completed and the results have been
327 submitted to, and reviewed by, the sponsor.
328 (c)1. An applicant may appeal any denial of that
329 applicant’s application or failure to act on an application to
330 the State Board of Education within no later than 30 calendar
331 days after receipt of the sponsor’s decision or failure to act
332 and shall notify the sponsor of its appeal. Any response of the
333 sponsor shall be submitted to the State Board of Education
334 within 30 calendar days after notification of the appeal. Upon
335 receipt of notification from the State Board of Education that a
336 charter school applicant is filing an appeal, the Commissioner
337 of Education shall convene a meeting of the Charter School
338 Appeal Commission to study and make recommendations to the State
339 Board of Education regarding its pending decision about the
340 appeal. The commission shall forward its recommendation to the
341 state board at least 7 calendar days before the date on which
342 the appeal is to be heard. An appeal regarding the denial of an
343 application submitted by a high-performing charter school
344 pursuant to s. 1002.331 shall be conducted by the State Board of
345 Education in accordance with this paragraph, except that the
346 commission shall not convene to make recommendations regarding
347 the appeal. However, the Commissioner of Education shall review
348 the appeal and make a recommendation to the state board.
349 2. The Charter School Appeal Commission or, in the case of
350 an appeal regarding an application submitted by a high
351 performing charter school, the State Board of Education may
352 reject an appeal submission for failure to comply with
353 procedural rules governing the appeals process. The rejection
354 shall describe the submission errors. The appellant shall have
355 15 calendar days after notice of rejection in which to resubmit
356 an appeal that meets the requirements set forth in State Board
357 of Education rule. An appeal submitted subsequent to such
358 rejection is considered timely if the original appeal was filed
359 within 30 calendar days after receipt of notice of the specific
360 reasons for the sponsor’s denial of the charter application.
361 3.a. The State Board of Education shall by majority vote
362 accept or reject the decision of the sponsor no later than 90
363 calendar days after an appeal is filed in accordance with State
364 Board of Education rule. The State Board of Education shall
365 remand the application to the sponsor with its written decision
366 that the sponsor approve or deny the application. The sponsor
367 shall implement the decision of the State Board of Education.
368 The decision of the State Board of Education is not subject to
369 the provisions of the Administrative Procedure Act, chapter 120.
370 b. If an appeal concerns an application submitted by a
371 high-performing charter school identified pursuant to s.
372 1002.331, the State Board of Education shall determine whether
373 the sponsor’s denial of the application complies with the
374 requirements in sub-subparagraph (b)3.b. sponsor has shown, by
375 clear and convincing evidence, that:
376 (I) The application does not materially comply with the
377 requirements in paragraph (a);
378 (II) The charter school proposed in the application does
379 not materially comply with the requirements in paragraphs
380 (9)(a)-(f);
381 (III) The proposed charter school’s educational program
382 does not substantially replicate that of the applicant or one of
383 the applicant’s high-performing charter schools;
384 (IV) The applicant has made a material misrepresentation or
385 false statement or concealed an essential or material fact
386 during the application process; or
387 (V) The proposed charter school’s educational program and
388 financial management practices do not materially comply with the
389 requirements of this section.
390
391 The State Board of Education shall approve or reject the
392 sponsor’s denial of an application no later than 90 calendar
393 days after an appeal is filed in accordance with State Board of
394 Education rule. The State Board of Education shall remand the
395 application to the sponsor with its written decision that the
396 sponsor approve or deny the application. The sponsor shall
397 implement the decision of the State Board of Education. The
398 decision of the State Board of Education is not subject to the
399 Administrative Procedure Act, chapter 120.
400 (7) CHARTER.—The major issues involving the operation of a
401 charter school shall be considered in advance and written into
402 the charter. The charter shall be signed by the governing board
403 of the charter school and the sponsor, following a public
404 hearing to ensure community input.
405 (a) The charter shall address and criteria for approval of
406 the charter shall be based on:
407 1. The school’s mission, the students to be served, and the
408 ages and grades to be included.
409 2. The focus of the curriculum, the instructional methods
410 to be used, any distinctive instructional techniques to be
411 employed, and identification and acquisition of appropriate
412 technologies needed to improve educational and administrative
413 performance which include a means for promoting safe, ethical,
414 and appropriate uses of technology which comply with legal and
415 professional standards.
416 a. The charter shall ensure that reading is a primary focus
417 of the curriculum and that resources are provided to identify
418 and provide specialized instruction for students who are reading
419 below grade level. The curriculum and instructional strategies
420 for reading must be consistent with the Next Generation Sunshine
421 State Standards and grounded in scientifically based reading
422 research. For purposes of determining eligibility for the
423 research-based reading instruction allocation, the reading
424 curriculum and instructional strategies specified in the charter
425 satisfy the research-based reading plan requirement under s.
426 1011.62(9).
427 b. In order to provide students with access to diverse
428 instructional delivery models, to facilitate the integration of
429 technology within traditional classroom instruction, and to
430 provide students with the skills they need to compete in the
431 21st century economy, the Legislature encourages instructional
432 methods for blended learning courses consisting of both
433 traditional classroom and online instructional techniques.
434 Charter schools may implement blended learning courses which
435 combine traditional classroom instruction and virtual
436 instruction. Students in a blended learning course must be full
437 time students of the charter school and receive the online
438 instruction in a classroom setting at the charter school.
439 Instructional personnel certified pursuant to s. 1012.55 who
440 provide virtual instruction for blended learning courses may be
441 employees of the charter school or may be under contract to
442 provide instructional services to charter school students. At a
443 minimum, such instructional personnel must hold an active state
444 or school district adjunct certification under s. 1012.57 for
445 the subject area of the blended learning course. The funding and
446 performance accountability requirements for blended learning
447 courses are the same as those for traditional courses.
448 3. The current incoming baseline standard of student
449 academic achievement, the outcomes to be achieved, and the
450 method of measurement that will be used. The criteria listed in
451 this subparagraph shall include a detailed description of:
452 a. How the baseline student academic achievement levels and
453 prior rates of academic progress will be established.
454 b. How these baseline rates will be compared to rates of
455 academic progress achieved by these same students while
456 attending the charter school.
457 c. To the extent possible, how these rates of progress will
458 be evaluated and compared with rates of progress of other
459 closely comparable student populations.
460
461 The district school board is required to provide academic
462 student performance data to charter schools for each of their
463 students coming from the district school system, as well as
464 rates of academic progress of comparable student populations in
465 the district school system.
466 4. The methods used to identify the educational strengths
467 and needs of students and how well educational goals and
468 performance standards are met by students attending the charter
469 school. The methods shall provide a means for the charter school
470 to ensure accountability to its constituents by analyzing
471 student performance data and by evaluating the effectiveness and
472 efficiency of its major educational programs. Students in
473 charter schools shall, at a minimum, participate in the
474 statewide assessment program created under s. 1008.22.
475 5. In secondary charter schools, a method for determining
476 that a student has satisfied the requirements for graduation in
477 s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
478 6. A method for resolving conflicts between the governing
479 board of the charter school and the sponsor.
480 7. The admissions procedures and dismissal procedures,
481 including the school’s code of student conduct.
482 8. The ways by which the school will achieve a
483 racial/ethnic balance reflective of the community it serves or
484 within the racial/ethnic range of other public schools in the
485 same school district.
486 9. The financial and administrative management of the
487 school, including a reasonable demonstration of the professional
488 experience or competence of those individuals or organizations
489 applying to operate the charter school or those hired or
490 retained to perform such professional services and the
491 description of clearly delineated responsibilities and the
492 policies and practices needed to effectively manage the charter
493 school. A description of internal audit procedures and
494 establishment of controls to ensure that financial resources are
495 properly managed must be included. Both public sector and
496 private sector professional experience shall be equally valid in
497 such a consideration. The charter must document that the
498 governing board is independent of any management company or
499 cooperative and may, at its sole discretion, terminate the
500 contract with the management company or cooperative at any time.
501 10. The asset and liability projections required in the
502 application which are incorporated into the charter and shall be
503 compared with information provided in the annual report of the
504 charter school.
505 11. A description of procedures that identify various risks
506 and provide for a comprehensive approach to reduce the impact of
507 losses; plans to ensure the safety and security of students and
508 staff; plans to identify, minimize, and protect others from
509 violent or disruptive student behavior; and the manner in which
510 the school will be insured, including whether or not the school
511 will be required to have liability insurance, and, if so, the
512 terms and conditions thereof and the amounts of coverage.
513 12. The term of the charter which shall provide for
514 cancellation of the charter if insufficient progress has been
515 made in attaining the student achievement objectives of the
516 charter and if it is not likely that such objectives can be
517 achieved before expiration of the charter. The initial term of
518 the a charter is either shall be for 4 years or 5 years. In
519 order to facilitate access to long-term financial resources for
520 charter school construction, Charter schools that are operated
521 by a municipality or other public entity, as provided by law, or
522 a private, not-for-profit corporation granted 501(c)(3) status
523 by the Internal Revenue Service are eligible for up to a 15-year
524 charter, subject to approval by the district school board. A
525 charter lab school is also eligible for a charter for a term of
526 up to 15 years. In addition, to facilitate access to long-term
527 financial resources for charter school construction, charter
528 schools that are operated by a private, not-for-profit, s.
529 501(c)(3) status corporation are eligible for up to a 15-year
530 charter, subject to approval by the district school board. Such
531 long-term charters remain subject to annual review and may be
532 terminated during the term of the charter, but only according to
533 the provisions set forth in subsection (8) or paragraph (9)(n).
534 13. Termination or nonrenewal of the charter pursuant to
535 subsection (8) or paragraph (9)(n).
536 14.13. The facilities to be used and their location. The
537 sponsor shall may not require a charter school to have a
538 certificate of occupancy or a temporary certificate of occupancy
539 for such a facility no later than 30 earlier than 15 calendar
540 days before the first day of school.
541 15.14. The qualifications to be required of the teachers
542 and the potential strategies used to recruit, hire, train, and
543 retain qualified staff to achieve best value.
544 16.15. The governance structure of the school, including
545 the status of the charter school as a public or private employer
546 as required in paragraph (12)(i).
547 17.16. A timetable for implementing the charter which
548 addresses the implementation of each element thereof and the
549 date by which the charter shall be awarded in order to meet this
550 timetable.
551 18.17. In the case of an existing public school that is
552 being converted to charter status, alternative arrangements for
553 current students who choose not to attend the charter school and
554 for current teachers who choose not to teach in the charter
555 school after conversion in accordance with the existing
556 collective bargaining agreement or district school board rule in
557 the absence of a collective bargaining agreement. However,
558 alternative arrangements shall not be required for current
559 teachers who choose not to teach in a charter lab school, except
560 as authorized by the employment policies of the state university
561 which grants the charter to the lab school.
562 19.18. Full disclosure of the identity of all relatives
563 employed by the charter school who are related to the charter
564 school owner, president, chairperson of the governing board of
565 directors, superintendent, governing board member, principal,
566 assistant principal, or any other person employed by the charter
567 school who has equivalent decisionmaking authority. For the
568 purpose of this subparagraph, the term “relative” means father,
569 mother, son, daughter, brother, sister, uncle, aunt, first
570 cousin, nephew, niece, husband, wife, father-in-law, mother-in
571 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
572 stepfather, stepmother, stepson, stepdaughter, stepbrother,
573 stepsister, half brother, or half sister.
574 20.19. Implementation of the activities authorized under s.
575 1002.331 by the charter school when it satisfies the eligibility
576 requirements for a high-performing charter school. A high
577 performing charter school shall notify its sponsor in writing by
578 March 1 if it intends to increase enrollment or expand grade
579 levels the following school year. The written notice shall
580 specify the amount of the enrollment increase and the grade
581 levels that will be added, as applicable.
582 (b)1. A charter may be renewed provided that a program
583 review demonstrates that the criteria in paragraph (a) have been
584 successfully accomplished and that none of the grounds for
585 nonrenewal established by paragraph (8)(a) has been documented.
586 In order to facilitate long-term financing for charter school
587 construction, Charter schools operating for a minimum of 3 years
588 and demonstrating exemplary academic programming and fiscal
589 management are eligible for a 15-year charter renewal. Such
590 long-term charter is subject to annual review and may be
591 terminated during the term of the charter.
592 2. The 15-year charter renewal that may be granted pursuant
593 to subparagraph 1. shall be granted to a charter school that has
594 received a school grade of “A” or “B” pursuant to s. 1008.34 in
595 3 of the past 4 years and is not in a state of financial
596 emergency or deficit position as defined by this section. Such
597 long-term charter is subject to annual review and may be
598 terminated during the term of the charter pursuant to subsection
599 (8).
600 (d)1. Each charter school’s governing board must appoint a
601 representative to facilitate parental involvement, provide
602 access to information, assist parents and others with questions
603 and concerns, and resolve disputes. The representative must
604 reside in the school district in which the charter school is
605 located and may be a governing board member, charter school
606 employee, or individual contracted to represent the governing
607 board. If the governing board oversees multiple charter schools
608 in the same school district, the governing board must appoint a
609 separate individual representative for each charter school in
610 the district. The representative’s contact information must be
611 provided annually in writing to parents and posted prominently
612 on the charter school’s website if a website is maintained by
613 the school. The sponsor may not require that governing board
614 members reside in the school district in which the charter
615 school is located if the charter school complies with this
616 paragraph.
617 2. Each charter school’s governing board must hold at least
618 two public meetings per school year in the school district. The
619 meetings must be noticed, open, and accessible to the public,
620 and attendees must be provided an opportunity to receive
621 information and provide input regarding the charter school’s
622 operations. The appointed representative and charter school
623 principal or director, or his or her equivalent, must be
624 physically present at each meeting.
625 (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.—
626 (e) When a charter is not renewed or is terminated or when
627 a charter school is closed voluntarily by the operator, the
628 school shall be dissolved under the provisions of law under
629 which the school was organized, and any unencumbered public
630 funds, except for capital outlay funds and federal charter
631 school program grant funds, from the charter school shall revert
632 to the sponsor. Capital outlay funds provided pursuant to s.
633 1013.62 and federal charter school program grant funds that are
634 unencumbered shall revert to the department to be redistributed
635 among eligible charter schools. In the event a charter school is
636 dissolved or is otherwise terminated, all district school board
637 property and improvements, furnishings, and equipment purchased
638 with public funds shall automatically revert to full ownership
639 by the district school board, subject to complete satisfaction
640 of any lawful liens or encumbrances. Any unencumbered public
641 funds from the charter school, district school board property
642 and improvements, furnishings, and equipment purchased with
643 public funds, or financial or other records pertaining to the
644 charter school, in the possession of any person, entity, or
645 holding company, other than the charter school, shall be held in
646 trust upon the district school board’s request, until any appeal
647 status is resolved.
648 (f) If a charter is not renewed or is terminated or a
649 charter school is closed voluntarily by the operator, the
650 charter school is responsible for all debts of the charter
651 school. The district may not assume the debt from any contract
652 made between the governing body of the school and a third party,
653 except for a debt that is previously detailed and agreed upon in
654 writing by both the district and the governing body of the
655 school and that may not reasonably be assumed to have been
656 satisfied by the district.
657 (g) If a charter is not renewed or is terminated, a student
658 who attended the school may apply to, and shall be enrolled in,
659 another public school. Normal application deadlines shall be
660 disregarded under such circumstances.
661 (h) The governing board of a charter school that closes
662 voluntarily shall notify the sponsor and the department in
663 writing within 7 calendar days of its decision to cease
664 operations. The notice must state the reasons for the closure
665 and acknowledge that the governing board agrees to follow the
666 procedures for dissolution and reversion of public funds
667 specified in this subsection and paragraph (9)(o).
668 (i) For a high-performing charter school that is having the
669 charter agreement renewed, the charter contract, as that
670 contract exists on the day the term of the contract is to
671 terminate, must be automatically renewed for the length of the
672 current term if the charter school governing board and sponsor
673 have not executed the renewal before the term of the charter
674 agreement is scheduled to expire.
675 (9) CHARTER SCHOOL REQUIREMENTS.—
676 (g)1. In order to provide financial information that is
677 comparable to that reported for other public schools, charter
678 schools are to maintain all financial records that constitute
679 their accounting system:
680 a. In accordance with the accounts and codes prescribed in
681 the most recent issuance of the publication titled “Financial
682 and Program Cost Accounting and Reporting for Florida Schools”;
683 or
684 b. At the discretion of the charter school’s governing
685 board, a charter school may elect to follow generally accepted
686 accounting standards for not-for-profit organizations, but must
687 reformat this information for reporting according to this
688 paragraph.
689 2. Charter schools shall provide annual financial report
690 and program cost report information in the state-required
691 formats for inclusion in district reporting in compliance with
692 s. 1011.60(1). Charter schools that are operated by a
693 municipality or are a component unit of a parent nonprofit
694 organization may use the accounting system of the municipality
695 or the parent but must reformat this information for reporting
696 according to this paragraph.
697 3. A charter school shall, upon execution of the contract,
698 provide the sponsor with a concise, uniform, monthly financial
699 statement summary sheet that contains a balance sheet and a
700 statement of revenue, expenditures, and changes in fund balance.
701 The balance sheet and the statement of revenue, expenditures,
702 and changes in fund balance shall be in the governmental funds
703 format prescribed by the Governmental Accounting Standards
704 Board. A high-performing charter school pursuant to s. 1002.331
705 may provide a quarterly financial statement in the same format
706 and requirements as the uniform monthly financial statement
707 summary sheet. The sponsor shall review each monthly financial
708 statement, to identify the existence of any conditions
709 identified in s. 1002.345(1)(a).
710 4. A charter school shall maintain and provide financial
711 information as required in this paragraph. The financial
712 statement required in subparagraph 3. must be in a form
713 prescribed by the Department of Education.
714 (n)1. The director and a representative of the governing
715 board of a charter school that has earned a grade of “D” or “F”
716 pursuant to s. 1008.34 shall appear before the sponsor to
717 present information concerning each contract component having
718 noted deficiencies. The director and a representative of the
719 governing board shall submit to the sponsor for approval a
720 school improvement plan to raise student performance. Upon
721 approval by the sponsor, the charter school shall begin
722 implementation of the school improvement plan. The department
723 shall offer technical assistance and training to the charter
724 school and its governing board and establish guidelines for
725 developing, submitting, and approving such plans.
726 2.a. If a charter school earns three consecutive grades of
727 “D,” two consecutive grades of “D” followed by a grade of “F,”
728 or two nonconsecutive grades of “F” within a 3-year period, the
729 charter school governing board shall choose one of the following
730 corrective actions:
731 (I) Contract for educational services to be provided
732 directly to students, instructional personnel, and school
733 administrators, as prescribed in state board rule;
734 (II) Contract with an outside entity that has a
735 demonstrated record of effectiveness to operate the school;
736 (III) Reorganize the school under a new director or
737 principal who is authorized to hire new staff; or
738 (IV) Voluntarily close the charter school.
739 b. The charter school must implement the corrective action
740 in the school year following receipt of a third consecutive
741 grade of “D,” a grade of “F” following two consecutive grades of
742 “D,” or a second nonconsecutive grade of “F” within a 3-year
743 period.
744 c. The sponsor may annually waive a corrective action if it
745 determines that the charter school is likely to improve a letter
746 grade if additional time is provided to implement the
747 intervention and support strategies prescribed by the school
748 improvement plan. Notwithstanding this sub-subparagraph, a
749 charter school that earns a second consecutive grade of “F” is
750 subject to subparagraph 4.
751 d. A charter school is no longer required to implement a
752 corrective action if it improves by at least one letter grade.
753 However, the charter school must continue to implement
754 strategies identified in the school improvement plan. The
755 sponsor must annually review implementation of the school
756 improvement plan to monitor the school’s continued improvement
757 pursuant to subparagraph 5.
758 e. A charter school implementing a corrective action that
759 does not improve by at least one letter grade after 2 full
760 school years of implementing the corrective action must select a
761 different corrective action. Implementation of the new
762 corrective action must begin in the school year following the
763 implementation period of the existing corrective action, unless
764 the sponsor determines that the charter school is likely to
765 improve a letter grade if additional time is provided to
766 implement the existing corrective action. Notwithstanding this
767 sub-subparagraph, a charter school that earns a second
768 consecutive grade of “F” while implementing a corrective action
769 is subject to subparagraph 4.
770 3. A charter school with a grade of “D” or “F” that
771 improves by at least one letter grade must continue to implement
772 the strategies identified in the school improvement plan. The
773 sponsor must annually review implementation of the school
774 improvement plan to monitor the school’s continued improvement
775 pursuant to subparagraph 5.
776 4. A charter school’s charter is automatically terminated
777 if the school earns two consecutive grades of “F” after all
778 school grade appeals are final The sponsor shall terminate a
779 charter if the charter school earns two consecutive grades of
780 “F” unless:
781 a. The charter school is established to turn around the
782 performance of a district public school pursuant to s.
783 1008.33(4)(b)3. Such charter schools shall be governed by s.
784 1008.33;
785 b. The charter school serves a student population the
786 majority of which resides in a school zone served by a district
787 public school that earned a grade of “F” in the year before the
788 charter school opened and the charter school earns at least a
789 grade of “D” in its third year of operation. The exception
790 provided under this sub-subparagraph does not apply to a charter
791 school in its fourth year of operation and thereafter; or
792 c. The state board grants the charter school a waiver of
793 termination. The charter school must request the waiver within
794 15 days after the department’s official release of school
795 grades. The state board may waive termination if the charter
796 school demonstrates that the Learning Gains of its students on
797 statewide assessments are comparable to or better than the
798 Learning Gains of similarly situated students enrolled in nearby
799 district public schools. The waiver is valid for 1 year and may
800 only be granted once. Charter schools that have been in
801 operation for more than 5 years are not eligible for a waiver
802 under this sub-subparagraph.
803
804 The sponsor shall notify in writing the charter school’s
805 governing board, the charter school principal, and the
806 department when a charter is terminated under this subparagraph.
807 A charter terminated under this subparagraph is governed by the
808 requirements of paragraphs (8)(e)-(g) and paragraph (o) of this
809 subsection.
810 5. The director and a representative of the governing board
811 of a graded charter school that has implemented a school
812 improvement plan under this paragraph shall appear before the
813 sponsor at least once a year to present information regarding
814 the progress of intervention and support strategies implemented
815 by the school pursuant to the school improvement plan and
816 corrective actions, if applicable. The sponsor shall communicate
817 at the meeting, and in writing to the director, the services
818 provided to the school to help the school address its
819 deficiencies.
820 6. Notwithstanding any provision of this paragraph except
821 sub-subparagraphs 4.a.-c., the sponsor may terminate the charter
822 at any time pursuant to subsection (8).
823 (p)1. Each charter school shall maintain a website that
824 enables the public to obtain information regarding the school;
825 the school’s academic performance; the names of the governing
826 board members; the programs at the school; any management
827 companies, cooperatives, service providers, or education
828 management corporations associated with the school; the school’s
829 annual budget and its annual independent fiscal audit; the
830 school’s grade pursuant to s. 1008.34; and, on a quarterly
831 basis, the minutes of governing board meetings.
832 2. Each charter school’s governing board shall appoint a
833 representative to facilitate parental involvement, provide
834 access to information, assist parents and others with questions
835 and concerns, and resolve disputes. The representative must
836 reside in the school district in which the charter school is
837 located and may be a governing board member, charter school
838 employee, or individual contracted to represent the governing
839 board. If the governing board oversees multiple charter schools
840 in the same school district, the governing board must appoint a
841 separate individual representative for each charter school in
842 the district. The representative’s contact information must be
843 provided annually, in writing, to parents and posted prominently
844 on the charter school’s website. The sponsor may not require
845 that governing board members reside in the school district in
846 which the charter school is located if the charter school
847 complies with this paragraph.
848 3. Each charter school’s governing board must hold at least
849 two public meetings per school year in the school district where
850 the charter school is located. The meetings must be noticed,
851 open, and accessible to the public, and attendees must be
852 provided an opportunity to receive information and provide input
853 regarding the charter school’s operations. The appointed
854 representative and charter school principal or director, or his
855 or her equivalent, must be physically present at each meeting.
856 (10) ELIGIBLE STUDENTS.—
857 (a) A charter school shall be open to any student covered
858 in an interdistrict agreement or residing in the school district
859 in which the charter school is located; however, in the case of
860 a charter lab school, the charter lab school shall be open to
861 any student eligible to attend the lab school as provided in s.
862 1002.32 or who resides in the school district in which the
863 charter lab school is located. Any eligible student shall be
864 allowed interdistrict transfer to attend a charter school when
865 based on good cause. Good cause shall include, but is not
866 limited to, geographic proximity to a charter school in a
867 neighboring school district. A charter school that has not
868 reached capacity, as provided in s. 1002.31(3)(g), may be open
869 to any student in the state.
870 (17) FUNDING.—Students enrolled in a charter school,
871 regardless of the sponsorship, shall be funded as if they are in
872 a basic program or a special program, the same as students
873 enrolled in other public schools in the school district. Funding
874 for a charter lab school shall be as provided in s. 1002.32.
875 (b) The basis for the agreement for funding students
876 enrolled in a charter school shall be the sum of the school
877 district’s operating funds from the Florida Education Finance
878 Program as provided in s. 1011.62 and the General Appropriations
879 Act, including gross state and local funds, discretionary
880 lottery funds, and funds from the school district’s current
881 operating discretionary millage levy; divided by total funded
882 weighted full-time equivalent students in the school district;
883 multiplied by the weighted full-time equivalent students for the
884 charter school. Charter schools whose students or programs meet
885 the eligibility criteria in law are entitled to their
886 proportionate share of categorical program funds included in the
887 total funds available in the Florida Education Finance Program
888 by the Legislature, including transportation, the research-based
889 reading allocation, and the Florida digital classrooms
890 allocation. Total funding for each charter school shall be
891 recalculated during the year to reflect the revised calculations
892 under the Florida Education Finance Program by the state and the
893 actual weighted full-time equivalent students reported by the
894 charter school during the full-time equivalent student survey
895 periods designated by the Commissioner of Education.
896 (e) District school boards shall make timely and efficient
897 payment and reimbursement to charter schools, including
898 processing paperwork required to access special state and
899 federal funding for which they may be eligible. The district
900 school board may distribute funds to a charter school for up to
901 3 months based on the projected full-time equivalent student
902 membership of the charter school. Thereafter, the results of
903 full-time equivalent student membership surveys shall be used in
904 adjusting the amount of funds distributed monthly to the charter
905 school for the remainder of the fiscal year. The payment shall
906 be issued no later than 10 working days after the district
907 school board receives a distribution of state or federal funds.
908 If a warrant for payment is not issued within 10 working days
909 after receipt of funding by the district school board, the
910 school district shall pay to the charter school, in addition to
911 the amount of the scheduled disbursement, interest at a rate of
912 1 percent per month calculated on a daily basis on the unpaid
913 balance from the expiration of the 10 working days until such
914 time as the warrant is issued. The district school board may not
915 delay payment to a charter school of any portion of the funds
916 provided in paragraph (b) based on the timing of receipt of
917 local funds by the district school board.
918 (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.—
919 (a) The Department of Education shall provide information
920 to the public, directly and through sponsors, on how to form and
921 operate a charter school and how to enroll in a charter school
922 once it is created. This information shall include a standard
923 model application form, standard charter contract, standard
924 application evaluation instrument, and standard charter renewal
925 contract, which shall include the information specified in
926 subsection (7) and shall be developed by consulting and
927 negotiating with both school districts and charter schools
928 before implementation. The charter and charter renewal contracts
929 shall be used by charter school sponsors.
930 (26) STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.—
931 (c) An employee of the charter school, or his or her
932 spouse, or an employee of a management company, cooperative, or
933 charter management organization, or his or her spouse, may not
934 be a member of the governing board of the charter school.
935 (27) CONFLICTS OF INTEREST AND ETHICS.—An individual may
936 not serve as a member of a governing board of a charter school,
937 an education management corporation, or charter school
938 cooperative organization if he or she or an immediate family
939 member receives a pension or any compensation from the charter
940 school, or if the individual’s partner is an owner or principal
941 with an entity or independent contractor with whom the charter
942 school does business or contracts, directly or indirectly, for
943 professional services, goods, or facilities. An individual may
944 not serve as a governing board member if an immediate family
945 member is an employee of the school. Members of the governing
946 board of a charter school may not be appointed, removed, or
947 replaced by an entity or component unit of an entity, which the
948 charter school has entered into any contract with.
949 Section 4. Paragraph (e) of subsection (2), paragraph (b)
950 of subsection (3), and subsection (5) of section 1002.331,
951 Florida Statutes, are amended to read:
952 1002.331 High-performing charter schools.—
953 (2) A high-performing charter school is authorized to:
954 (e) Receive a modification of its charter to a term of 15
955 years or a 15-year charter renewal. The charter may be modified
956 or renewed for a shorter term at the option of the high
957 performing charter school. The charter must be consistent with
958 s. 1002.33(7)(a)20. s. 1002.33(7)(a)19. and (10)(h) and (i), is
959 subject to annual review by the sponsor, and may be terminated
960 during its term pursuant to s. 1002.33(8).
961
962 A high-performing charter school shall notify its sponsor in
963 writing by March 1 if it intends to increase enrollment or
964 expand grade levels the following school year. The written
965 notice shall specify the amount of the enrollment increase and
966 the grade levels that will be added, as applicable. If a charter
967 school notifies the sponsor of its intent to expand, the sponsor
968 shall modify the charter within 90 days to include the new
969 enrollment maximum and may not make any other changes. The
970 sponsor may deny a request to increase the enrollment of a high
971 performing charter school if the commissioner has declassified
972 the charter school as high-performing. If a high-performing
973 charter school requests to consolidate multiple charters, the
974 sponsor shall have 40 days after receipt of that request to
975 provide an initial draft charter to the charter school. The
976 sponsor and charter school shall have 50 days thereafter to
977 negotiate and notice the charter contract for final approval by
978 the sponsor.
979 (3)
980 (b) A high-performing charter school may not establish more
981 than one charter school within the state under paragraph (a) in
982 any year. A subsequent application to establish a charter school
983 under paragraph (a) may not be submitted unless each charter
984 school established in this manner achieves high-performing
985 charter school status. The limits set forth in this paragraph do
986 not apply to charter schools established by a high-performing
987 charter school in the attendance zone of a school identified as
988 in need of intervention and support pursuant to s. 1008.33(3)(b)
989 or to meet needs for innovative choice options identified by the
990 district school board.
991 (5) The Commissioner of Education, upon request by a
992 charter school, shall verify that the charter school meets the
993 criteria in subsection (1) and provide a letter to the charter
994 school and the sponsor stating that the charter school is a
995 high-performing charter school pursuant to this section. The
996 commissioner shall annually determine whether a high-performing
997 charter school under subsection (1) continues to meet the
998 criteria in that subsection. Such high-performing charter school
999 shall maintain its high-performing status unless the
1000 commissioner determines that the charter school no longer meets
1001 the criteria in subsection (1), at which time the commissioner
1002 shall send a letter to the charter school and its sponsor
1003 providing notification that the charter school has been
1004 declassified of its declassification as a high-performing
1005 charter school.
1006 Section 5. Present subsection (2) of section 1002.332,
1007 Florida Statutes, is redesignated as subsection (3), and a new
1008 subsection (2) is added to that section, to read:
1009 1002.332 High-performing charter school system.—
1010 (2) An entity that successfully operates a system of
1011 charter schools outside the state may apply to the State Board
1012 of Education for status as a high-performing charter school
1013 system. The state board shall adopt rules prescribing a process
1014 for determining whether the entity meets the requirements of
1015 this subsection by reviewing student demographic and performance
1016 data and fiscal accountability of all schools operated by the
1017 entity. To the extent practicable, the state board shall develop
1018 a rubric for the approval of such entities which aligns with the
1019 priorities of the federal Charter Schools Program Grants for
1020 Replication and Expansion of High-Quality Charter Schools in the
1021 Federal Register, Volume 76, No. 133. An entity classified as a
1022 high-performing charter school system pursuant to this
1023 subsection may submit an application in the same manner as
1024 specified in s. 1002.331(3) to establish and operate a new
1025 charter school in this state. For the first 3 school years of
1026 operation, each charter school established by such an entity
1027 shall receive a reduction in administrative fees as authorized
1028 under s. 1002.33(20)(a)3.
1029 Section 6. Paragraph (c) of subsection (1) of section
1030 1002.451, Florida Statutes, is amended to read:
1031 1002.451 District innovation school of technology program.—
1032 (1) DISTRICT INNOVATION SCHOOL OF TECHNOLOGY.—
1033 (c) An innovation school of technology must be open to any
1034 student covered in an interdistrict agreement or residing in the
1035 school district in which the innovation school of technology is
1036 located. An innovation school of technology shall enroll an
1037 eligible student who submits a timely application if the number
1038 of applications does not exceed the capacity of a program,
1039 class, grade level, or building. If the number of applications
1040 exceeds capacity, all applicants shall have an equal chance of
1041 being admitted through a public random selection process.
1042 However, a district may give enrollment preference to students
1043 who identify the innovation school of technology as the
1044 student’s preferred choice pursuant to the district’s public
1045 school parental choice controlled open enrollment plan.
1046 Section 7. Section 1003.3101, Florida Statutes, is created
1047 to read:
1048 1003.3101 Additional school choice options.—Each district
1049 school board shall establish a transfer process for a parent to
1050 request his or her child be transferred to another classroom
1051 teacher. A school must grant or deny the transfer within 2 weeks
1052 after receiving a request. If a request for transfer is denied,
1053 the school shall notify the parent and specify the reasons for a
1054 denial. An explanation of the transfer process must be made
1055 available in the student handbook or a similar publication.
1056 Section 8. Section 1003.5711, Florida Statutes, is created
1057 to read:
1058 1003.5711 Instruction for students receiving hospitalized
1059 program services.—
1060 (1) A public school student in prekindergarten through
1061 grade 12 who is deemed eligible for hospitalized program
1062 services in this state is considered a student with a
1063 disability.
1064 (a) If the student has an individual education plan (IEP),
1065 the IEP must be followed, but upon request of the student’s
1066 parent, the IEP may be modified to accommodate the student’s use
1067 of hospitalized program services in a children’s hospital
1068 pursuant to this section.
1069 (b) The student’s IEP may be modified to reduce the
1070 student’s course load to core courses identified in s.
1071 1002.20(19)(a). The student may be excused or exempted from
1072 physical education classes or instruction based on the IEP or
1073 orders from the student’s medical doctor. The student’s IEP may
1074 allow the student to receive instruction beyond the normal
1075 school hours, school day, or school year of the school district.
1076 (2) A student who is admitted to a children’s hospital for
1077 hospitalized program services must continue to receive
1078 educational instruction.
1079 (a) If a student is expected to be absent from school and
1080 admitted to the children’s hospital for hospitalized program
1081 services for at least 10 consecutive days, no later than the
1082 fifth day of the student’s hospital stay, the school district in
1083 which the student is or was most recently enrolled may choose to
1084 provide a certified teacher to the children’s hospital to
1085 provide instruction to the student. If that school district
1086 declines to provide a certified teacher, the school district in
1087 which the children’s hospital is located must provide a
1088 certified teacher to provide the student with instruction or
1089 must partner with the Florida Virtual School or an approved
1090 provider as defined in s. 1002.45 for instructional services as
1091 authorized in this section. Such school district shall also
1092 provide the student’s instructional materials and other
1093 necessary educational support and services identified in the
1094 IEP.
1095 (b) A student in prekindergarten through grade 6 shall be
1096 taught in person by the certified teacher. A student in grades 7
1097 through 12 shall be taught in person by the certified teacher,
1098 or the student may choose to utilize instruction from the
1099 Florida Virtual School. If the Florida Virtual School is used by
1100 any student, at least one certified teacher from the Florida
1101 Virtual School must be present at the hospital to assist with
1102 online learning.
1103 (3) If a school district other than the one in which the
1104 student was previously enrolled provides the hospitalized
1105 program services, the Department of Education must transfer the
1106 funds from the school district in which the student was
1107 previously enrolled to the school district in which the
1108 children’s hospital providing hospitalized program services is
1109 located. This transfer shall occur no later than each subsequent
1110 quarterly FEFP payment.
1111 (4) The children’s hospital providing the hospitalized
1112 program services is responsible for providing adequate
1113 educational space for each student, but is not required to
1114 comply with chapter 1013. The hospital and applicable school
1115 district must enter into an agreement to implement this section.
1116 The agreement may be student-specific or address all students as
1117 necessary.
1118 (5) The intent of this section is to supplement existing
1119 laws, rules, and regulations concerning hospitalized students
1120 that use hospitalized program services at a children’s hospital.
1121 Section 9. Section 1004.6491, Florida Statutes, is created
1122 to read:
1123 1004.6491 Florida Institute for Charter School Innovation.—
1124 (1) There is established the Florida Institute for Charter
1125 School Innovation within the Florida State University. The
1126 purpose of the institute is to advance charter school
1127 accountability, quality, and innovation; provide support and
1128 technical assistance to charter school applicants; connect
1129 aspiring teachers to opportunities to experience teaching in
1130 schools of choice; and conduct research and develop and promote
1131 best practices for charter school authorization, financing,
1132 management, operations, and instructional practices.
1133 (2) The institute shall:
1134 (a) Conduct research to inform both policy and practice
1135 related to charter school accountability, financing, management,
1136 operations, and instructional practices.
1137 (b) Partner with state-approved teacher preparation
1138 programs in this state to provide opportunities for aspiring
1139 teachers to experience teaching in schools of choice.
1140 (c) Provide technical assistance and support to charter
1141 school applicants with innovative charter school concepts.
1142 (3) The President of the Florida State University shall
1143 appoint a director of the institute. The director is responsible
1144 for overall management of the institute and for developing and
1145 executing the work of the institute consistent with this
1146 section. The director may engage individuals in other state
1147 universities with accredited colleges of education to
1148 participate in the institute.
1149 (4) By each October 1, the institute shall provide a
1150 written report to the Governor, the President of the Senate, and
1151 the Speaker of the House of Representatives which outlines its
1152 activities in the preceding year, reports significant research
1153 findings, details expenditures of state funds, and provides
1154 specific recommendations for improving the institute’s ability
1155 to fulfil its mission and for changes to statewide charter
1156 school policy.
1157 (5) Within 180 days after completion of the institute’s
1158 fiscal year, the institute shall provide to the Auditor General,
1159 the Board of Governors of the State University System, and the
1160 State Board of Education a report on the results of an annual
1161 financial audit conducted by an independent certified public
1162 accountant in accordance with s. 11.45.
1163 Section 10. Subsection (1) of section 1011.61, Florida
1164 Statutes, is amended to read:
1165 1011.61 Definitions.—Notwithstanding the provisions of s.
1166 1000.21, the following terms are defined as follows for the
1167 purposes of the Florida Education Finance Program:
1168 (1) A “full-time equivalent student” in each program of the
1169 district is defined in terms of full-time students and part-time
1170 students as follows:
1171 (a) A “full-time student” is one student on the membership
1172 roll of one school program or a combination of school programs
1173 listed in s. 1011.62(1)(c) for the school year or the equivalent
1174 for:
1175 1. Instruction in a standard school, comprising not less
1176 than 900 net hours for a student in or at the grade level of 4
1177 through 12, or not less than 720 net hours for a student in or
1178 at the grade level of kindergarten through grade 3 or in an
1179 authorized prekindergarten exceptional program;
1180 2. Instruction in a double-session school or a school
1181 utilizing an experimental school calendar approved by the
1182 Department of Education, comprising not less than the equivalent
1183 of 810 net hours in grades 4 through 12 or not less than 630 net
1184 hours in kindergarten through grade 3; or
1185 3. Instruction comprising the appropriate number of net
1186 hours set forth in subparagraph 1. or subparagraph 2. for
1187 students who, within the past year, have moved with their
1188 parents for the purpose of engaging in the farm labor or fish
1189 industries, if a plan furnishing such an extended school day or
1190 week, or a combination thereof, has been approved by the
1191 commissioner. Such plan may be approved to accommodate the needs
1192 of migrant students only or may serve all students in schools
1193 having a high percentage of migrant students. The plan described
1194 in this subparagraph is optional for any school district and is
1195 not mandated by the state.
1196 (b) A “part-time student” is a student on the active
1197 membership roll of a school program or combination of school
1198 programs listed in s. 1011.62(1)(c) who is less than a full-time
1199 student.
1200 (c)1. A “full-time equivalent student” is:
1201 a. A full-time student in any one of the programs listed in
1202 s. 1011.62(1)(c); or
1203 b. A combination of full-time or part-time students in any
1204 one of the programs listed in s. 1011.62(1)(c) which is the
1205 equivalent of one full-time student based on the following
1206 calculations:
1207 (I) A full-time student in a combination of programs listed
1208 in s. 1011.62(1)(c) shall be a fraction of a full-time
1209 equivalent membership in each special program equal to the
1210 number of net hours per school year for which he or she is a
1211 member, divided by the appropriate number of hours set forth in
1212 subparagraph (a)1. or subparagraph (a)2. The difference between
1213 that fraction or sum of fractions and the maximum value as set
1214 forth in subsection (4) for each full-time student is presumed
1215 to be the balance of the student’s time not spent in a special
1216 program and shall be recorded as time in the appropriate basic
1217 program.
1218 (II) A prekindergarten student with a disability shall meet
1219 the requirements specified for kindergarten students.
1220 (III) A full-time equivalent student for students in
1221 kindergarten through grade 12 in a full-time virtual instruction
1222 program under s. 1002.45 or a virtual charter school under s.
1223 1002.33 shall consist of six full-credit completions or the
1224 prescribed level of content that counts toward promotion to the
1225 next grade in programs listed in s. 1011.62(1)(c). Credit
1226 completions may be a combination of full-credit courses or half
1227 credit courses. Beginning in the 2016-2017 fiscal year, the
1228 reported full-time equivalent students and associated funding of
1229 students enrolled in courses requiring passage of an end-of
1230 course assessment under s. 1003.4282 to earn a standard high
1231 school diploma shall be adjusted if the student does not pass
1232 the end-of-course assessment. However, no adjustment shall be
1233 made for a student who enrolls in a segmented remedial course
1234 delivered online.
1235 (IV) A full-time equivalent student for students in
1236 kindergarten through grade 12 in a part-time virtual instruction
1237 program under s. 1002.45 shall consist of six full-credit
1238 completions in programs listed in s. 1011.62(1)(c)1. and 3.
1239 Credit completions may be a combination of full-credit courses
1240 or half-credit courses. Beginning in the 2016-2017 fiscal year,
1241 the reported full-time equivalent students and associated
1242 funding of students enrolled in courses requiring passage of an
1243 end-of-course assessment under s. 1003.4282 to earn a standard
1244 high school diploma shall be adjusted if the student does not
1245 pass the end-of-course assessment. However, no adjustment shall
1246 be made for a student who enrolls in a segmented remedial course
1247 delivered online.
1248 (V) A Florida Virtual School full-time equivalent student
1249 shall consist of six full-credit completions or the prescribed
1250 level of content that counts toward promotion to the next grade
1251 in the programs listed in s. 1011.62(1)(c)1. and 3. for students
1252 participating in kindergarten through grade 12 part-time virtual
1253 instruction and the programs listed in s. 1011.62(1)(c) for
1254 students participating in kindergarten through grade 12 full
1255 time virtual instruction. Credit completions may be a
1256 combination of full-credit courses or half-credit courses.
1257 Beginning in the 2016-2017 fiscal year, the reported full-time
1258 equivalent students and associated funding of students enrolled
1259 in courses requiring passage of an end-of-course assessment
1260 under s. 1003.4282 to earn a standard high school diploma shall
1261 be adjusted if the student does not pass the end-of-course
1262 assessment. However, no adjustment shall be made for a student
1263 who enrolls in a segmented remedial course delivered online.
1264 (VI) Each successfully completed full-credit course earned
1265 through an online course delivered by a district other than the
1266 one in which the student resides shall be calculated as 1/6 FTE.
1267 (VII) A full-time equivalent student for courses requiring
1268 passage of a statewide, standardized end-of-course assessment
1269 under s. 1003.4282 to earn a standard high school diploma shall
1270 be defined and reported based on the number of instructional
1271 hours as provided in this subsection until the 2016-2017 fiscal
1272 year. Beginning in the 2016-2017 fiscal year, the FTE for the
1273 course shall be assessment-based and shall be equal to 1/6 FTE.
1274 The reported FTE shall be adjusted if the student does not pass
1275 the end-of-course assessment. However, no adjustment shall be
1276 made for a student who enrolls in a segmented remedial course
1277 delivered online.
1278 (VIII) For students enrolled in a school district as a
1279 full-time student, the district may report 1/6 FTE for each
1280 student who passes a statewide, standardized end-of-course
1281 assessment without being enrolled in the corresponding course.
1282 2. A student in membership in a program scheduled for more
1283 or less than 180 school days or the equivalent on an hourly
1284 basis as specified by rules of the State Board of Education is a
1285 fraction of a full-time equivalent membership equal to the
1286 number of instructional hours in membership divided by the
1287 appropriate number of hours set forth in subparagraph (a)1.;
1288 however, for the purposes of this subparagraph, membership in
1289 programs scheduled for more than 180 days is limited to students
1290 enrolled in:
1291 a. Juvenile justice education programs.
1292 b. The Florida Virtual School.
1293 c. Virtual instruction programs and virtual charter schools
1294 for the purpose of course completion and credit recovery
1295 pursuant to ss. 1002.45 and 1003.498. Course completion applies
1296 only to a student who is reported during the second or third
1297 membership surveys and who does not complete a virtual education
1298 course by the end of the regular school year. The course must be
1299 completed no later than the deadline for amending the final
1300 student enrollment survey for that year. Credit recovery applies
1301 only to a student who has unsuccessfully completed a traditional
1302 or virtual education course during the regular school year and
1303 must re-take the course in order to be eligible to graduate with
1304 the student’s class.
1305
1306 The full-time equivalent student enrollment calculated under
1307 this subsection is subject to the requirements in subsection
1308 (4).
1309
1310 The department shall determine and implement an equitable method
1311 of equivalent funding for experimental schools and for schools
1312 operating under emergency conditions, which schools have been
1313 approved by the department to operate for less than the minimum
1314 school day.
1315 Section 11. Section 1011.6202, Florida Statutes, is created
1316 to read:
1317 1011.6202 Principal Autonomy Pilot Program Initiative.—The
1318 Principal Autonomy Pilot Program Initiative is created within
1319 the Department of Education. The purpose of the pilot program is
1320 to provide the principal of a participating school with
1321 increased autonomy and authority to operate his or her school in
1322 a way that produces significant improvements in student
1323 achievement and school management while complying with
1324 constitutional requirements. The State Board of Education may,
1325 upon approval of a principal autonomy proposal, enter into a
1326 performance contract with up to six district school boards for
1327 participation in the program.
1328 (1) PARTICIPATING SCHOOL DISTRICTS.—A Florida school
1329 district may submit to the state board for approval a principal
1330 autonomy proposal that exchanges statutory and rule exemptions
1331 for an agreement to meet performance goals established in the
1332 proposal. If approved by the state board, the school district
1333 shall be eligible to participate in the program for 3 years. At
1334 the end of the 3 years, the performance of all participating
1335 schools in the school district shall be evaluated.
1336 (2) PRINCIPAL AUTONOMY PROPOSAL.—
1337 (a) To participate in the program, a school district must:
1338 1. Identify three middle or high schools whose principals
1339 will have fiscal and administrative autonomy.
1340 2. Describe the current financial and administrative
1341 management of each participating school; identify the areas in
1342 which each school principal will have increased fiscal and
1343 administrative autonomy, including the authority and
1344 responsibilities provided in s. 1012.28(8); and identify the
1345 areas in which each participating school will continue to follow
1346 district school board fiscal and administrative policies.
1347 3. Explain the methods used to identify the educational
1348 strengths and needs of the participating school’s students and
1349 identify how student achievement can be improved.
1350 4. Establish performance goals for student achievement, as
1351 defined in s. 1008.34(1), and explain how the increased autonomy
1352 of principals will help participating schools improve student
1353 achievement and school management.
1354 5. Provide each participating school’s mission and a
1355 description of its student population.
1356 (b) The state board shall establish criteria, which must
1357 include the criteria listed in paragraph (a), for the approval
1358 of a principal autonomy proposal.
1359 (c) A school district must submit its principal autonomy
1360 proposal to the state board for approval by December 1 in order
1361 to begin participation in the subsequent school year. By
1362 February 28 of the school year in which the proposal is
1363 submitted, the state board shall notify the district school
1364 board in writing whether the proposal is approved.
1365 (3) EXEMPTION FROM LAWS.—
1366 (a) With the exception of those laws listed in paragraph
1367 (b), a participating school district is exempt from the
1368 provisions of chapters 1000-1013 and rules of the state board
1369 which implement those exempt provisions.
1370 (b) A participating school district shall comply with the
1371 provisions of chapters 1000-1013, and rules of the state board
1372 which implement those provisions, pertaining to the following:
1373 1. Those laws relating to the election and compensation of
1374 district school board members, the election or appointment and
1375 compensation of district school superintendents, public meetings
1376 and public records requirements, financial disclosure, and
1377 conflicts of interest.
1378 2. Those laws relating to the student assessment program
1379 and school grading system, including chapter 1008.
1380 3. Those laws relating to the provision of services to
1381 students with disabilities.
1382 4. Those laws relating to civil rights, including s.
1383 1000.05, relating to discrimination.
1384 5. Those laws relating to student health, safety, and
1385 welfare.
1386 6. Section 1001.42(4)(f), relating to the uniform opening
1387 and closing date for public schools.
1388 7. Section 1003.03, governing maximum class size, except
1389 that the calculation for compliance pursuant to s. 1003.03 is
1390 the average at the school level for a participating school.
1391 8. Sections 1012.22(1)(c) and 1012.27(2), relating to
1392 compensation and salary schedules.
1393 9. Section 1012.33(5), relating to workforce reductions for
1394 annual contracts for instructional personnel. This subparagraph
1395 does not apply to at-will employees.
1396 10. Section 1012.335, relating to annual contracts for
1397 instructional personnel hired on or after July 1, 2011. This
1398 subparagraph does not apply to at-will employees.
1399 11. Section 1012.34, relating to personnel evaluation
1400 procedures and criteria.
1401 12. Those laws pertaining to educational facilities,
1402 including chapter 1013, except that s. 1013.20, relating to
1403 covered walkways for relocatables, and s. 1013.21, relating to
1404 the use of relocatable facilities exceeding 20 years of age, are
1405 eligible for exemption.
1406 13. Those laws pertaining to participating school
1407 districts, including this section and ss. 1011.64(2)(b),
1408 1011.69(2), 1012.28(8), and 1012.986(1)(e).
1409 (4) PROFESSIONAL DEVELOPMENT.—Each participating school
1410 district shall require that the principal of each participating
1411 school complete professional development provided through the
1412 William Cecil Golden Professional Development Program for School
1413 Leaders under s. 1012.986. The professional development must be
1414 completed before a school may participate in the Principal
1415 Autonomy Pilot Program Initiative.
1416 (5) TERM OF PARTICIPATION.—The state board shall authorize
1417 a school district to participate in the program for a period of
1418 3 years commencing with approval of the principal autonomy
1419 proposal. Authorization to participate in the program may be
1420 renewed upon action of the state board. The state board may
1421 revoke authorization to participate in the program if the school
1422 district fails to meet the requirements of this section during
1423 the 3-year period.
1424 (6) REPORTING.—Each participating school district shall
1425 submit an annual report to the state board. The state board
1426 shall annually report on the implementation of the Principal
1427 Autonomy Pilot Program Initiative. Upon completion of the
1428 program’s first 3-year term, the Commissioner of Education shall
1429 submit to the President of the Senate and the Speaker of the
1430 House of Representatives by December 1 a full evaluation of the
1431 effectiveness of the program.
1432 (7) RULEMAKING.—The State Board of Education shall adopt
1433 rules to administer this section.
1434 Section 12. Paragraph (b) of subsection (2) of section
1435 1011.64, Florida Statutes, is amended to read:
1436 1011.64 School district minimum classroom expenditure
1437 requirements.—
1438 (2) For the purpose of implementing the provisions of this
1439 section, the Legislature shall prescribe minimum academic
1440 performance standards and minimum classroom expenditure
1441 requirements for districts not meeting such minimum academic
1442 performance standards in the General Appropriations Act.
1443 (b) School district minimum classroom expenditure
1444 requirements shall be calculated pursuant to subsection (3) and
1445 may include training pursuant to s. 1012.986(1)(e).
1446 Section 13. Subsection (2) of section 1011.69, Florida
1447 Statutes, is amended to read:
1448 1011.69 Equity in School-Level Funding Act.—
1449 (2) Beginning in the 2003-2004 fiscal year, district school
1450 boards shall allocate to schools within the district an average
1451 of 90 percent of the funds generated by all schools and
1452 guarantee that each school receives at least 80 percent, except
1453 that a school participating in the Principal Autonomy Pilot
1454 Program Initiative under s. 1011.6202 is guaranteed to receive
1455 at least 90 percent, of the funds generated by that school based
1456 upon the Florida Education Finance Program as provided in s.
1457 1011.62 and the General Appropriations Act, including gross
1458 state and local funds, discretionary lottery funds, and funds
1459 from the school district’s current operating discretionary
1460 millage levy. Total funding for each school shall be
1461 recalculated during the year to reflect the revised calculations
1462 under the Florida Education Finance Program by the state and the
1463 actual weighted full-time equivalent students reported by the
1464 school during the full-time equivalent student survey periods
1465 designated by the Commissioner of Education. If the district
1466 school board is providing programs or services to students
1467 funded by federal funds, any eligible students enrolled in the
1468 schools in the district shall be provided federal funds.
1469 Section 14. Subsection (8) is added to section 1012.28,
1470 Florida Statutes, to read:
1471 1012.28 Public school personnel; duties of school
1472 principals.—
1473 (8) The principal of a participating school in a
1474 participating school district approved under s. 1011.6202 has
1475 the following additional authority and responsibilities:
1476 (a) In addition to the authority provided in subsection
1477 (6), the authority to select qualified instructional personnel
1478 for placement or to refuse to accept the placement or transfer
1479 of instructional personnel by the district school
1480 superintendent. Placement of instructional personnel at a
1481 participating school in a participating school district does not
1482 affect the employee’s status as a school district employee.
1483 (b) The authority to deploy financial resources to school
1484 programs at the principal’s discretion to help improve student
1485 achievement, as defined in s. 1008.34(1), and meet performance
1486 goals identified in the principal autonomy proposal submitted
1487 pursuant to s. 1011.6202.
1488 (c) The responsibility to annually provide to the district
1489 school superintendent and the district school board a budget for
1490 the operation of the participating school which identifies how
1491 funds provided pursuant to s. 1011.69(2) are allocated. The
1492 school district shall include the budget in the annual report
1493 provided to the State Board of Education pursuant to s.
1494 1011.6202(6).
1495 Section 15. Subsection (2) of section 1012.42, Florida
1496 Statutes, is amended to read:
1497 1012.42 Teacher teaching out-of-field.—
1498 (2) NOTIFICATION REQUIREMENTS.—When a teacher in a district
1499 school system is assigned teaching duties in a class dealing
1500 with subject matter that is outside the field in which the
1501 teacher is certified, outside the field that was the applicant’s
1502 minor field of study, or outside the field in which the
1503 applicant has demonstrated sufficient subject area expertise, as
1504 determined by district school board policy in the subject area
1505 to be taught, the parents of all students in the class shall be
1506 notified in writing of such assignment. A parent that receives
1507 this notification may, after the October student membership
1508 survey, request that his or her child be transferred to another
1509 classroom teacher within the school and grade in which the child
1510 is currently enrolled. If space is available in a classroom
1511 taught by an in-field teacher, the school district shall grant
1512 the parent’s request and transfer the student to the in-field
1513 classroom teacher within a reasonable period of time, not to
1514 exceed 2 weeks. An explanation of the transfer process must be
1515 made available in the student handbook or a similar publication.
1516 This does not provide a parent the right to choose a specific
1517 teacher.
1518 Section 16. Paragraph (e) is added to subsection (1) of
1519 section 1012.986, Florida Statutes, to read:
1520 1012.986 William Cecil Golden Professional Development
1521 Program for School Leaders.—
1522 (1) There is established the William Cecil Golden
1523 Professional Development Program for School Leaders to provide
1524 high standards and sustained support for principals as
1525 instructional leaders. The program shall consist of a
1526 collaborative network of state and national professional
1527 leadership organizations to respond to instructional leadership
1528 needs throughout the state. The network shall support the human
1529 resource development needs of principals, principal leadership
1530 teams, and candidates for principal leadership positions using
1531 the framework of leadership standards adopted by the State Board
1532 of Education, the Southern Regional Education Board, and the
1533 National Staff Development Council. The goal of the network
1534 leadership program is to:
1535 (e) For principals of schools participating in the
1536 Principal Autonomy Pilot Program Initiative under s. 1011.6202,
1537 provide training on the following:
1538 1. Managing instructional personnel, including developing a
1539 high-performing instructional leadership team.
1540 2. Public school budgeting, financial management, and human
1541 resources policies and procedures.
1542 3. Best practices for the effective exercise of increased
1543 budgetary and staffing flexibility to improve student
1544 achievement and operational efficiency.
1545 Section 17. Paragraph (a) of subsection (1) of section
1546 1013.62, Florida Statutes, is amended to read:
1547 1013.62 Charter schools capital outlay funding.—
1548 (1) In each year in which funds are appropriated for
1549 charter school capital outlay purposes, the Commissioner of
1550 Education shall allocate the funds among eligible charter
1551 schools.
1552 (a) To be eligible for a funding allocation, a charter
1553 school must:
1554 1.a. Have been in operation for 3 or more years;
1555 b. Be governed by a governing board established in the
1556 state for 3 or more years which operates both charter schools
1557 and conversion charter schools within the state;
1558 c. Be an expanded feeder chain of a charter school within
1559 the same school district that is currently receiving charter
1560 school capital outlay funds;
1561 d. Have been accredited by the Commission on Schools of the
1562 Southern Association of Colleges and Schools; or
1563 e. Serve students in facilities that are provided by a
1564 business partner for a charter school-in-the-workplace pursuant
1565 to s. 1002.33(15)(b).
1566 2. Have an annual audit that does not reveal any of the
1567 financial emergency conditions provided in s. 218.503(1) for the
1568 most recent fiscal year for which such audit results are
1569 available stability for future operation as a charter school.
1570 3. Have satisfactory student achievement based on state
1571 accountability standards applicable to the charter school.
1572 4. Have received final approval from its sponsor pursuant
1573 to s. 1002.33 for operation during that fiscal year.
1574 5. Serve students in facilities that are not provided by
1575 the charter school’s sponsor.
1576 Section 18. Notwithstanding any other provision of law,
1577 student reporting requirements related to withdrawals,
1578 suspensions, expulsions, and other related instances where
1579 students are no longer enrolled in a school, must be the same
1580 for public schools, including charter schools. Thus, charter
1581 school reporting requirements for these instances apply to all
1582 public schools, and public school reporting requirements apply
1583 to all charter schools.
1584 Section 19. This act shall take effect July 1, 2015.
1585
1586 ================= T I T L E A M E N D M E N T ================
1587 And the title is amended as follows:
1588 Delete everything before the enacting clause
1589 and insert:
1590 A bill to be entitled
1591 An act relating to student choice; amending s.
1592 1002.20, F.S.; conforming a provision to changes made
1593 by the act; authorizing parents of public school
1594 students to seek private educational choice options
1595 through the Florida Personal Learning Scholarship
1596 Accounts Program under certain circumstances;
1597 providing that a parent has the right to know certain
1598 financial information; requiring the information to be
1599 published in a parent guide; amending s. 1002.31,
1600 F.S.; requiring each district school board to allow a
1601 parent to enroll his or her child in and transport his
1602 or her child to any public school that has not reached
1603 capacity in the district; authorizing a school
1604 district to provide transportation to such students at
1605 the district’s discretion; requiring the student to
1606 remain at such school for a specified timeframe;
1607 revising requirements for the controlled open
1608 enrollment process; authorizing a parent to enroll his
1609 or her child in and transport his or her child to any
1610 public school that has not reached capacity in the
1611 state; requiring each district school board to
1612 establish a transfer process to another classroom
1613 teacher; providing that a parent is not given the
1614 right to choose a specific classroom teacher;
1615 providing requirements for the transfer process;
1616 amending s. 1002.33, F.S.; revising required contents
1617 of charter school applications; requiring a charter
1618 school to submit quarterly financial statements for
1619 the first year of operation with specified information
1620 included; requiring a charter school to submit a plan
1621 to become financially viable under certain
1622 circumstances; conforming provisions regarding the
1623 appeal process for denial of a high-performing charter
1624 school application; specifying that the reading
1625 curriculum and instructional strategies in a charter
1626 school’s charter satisfy the research-based reading
1627 plan requirement and that charter schools are eligible
1628 for the research-based reading allocation; requiring a
1629 person or officer of an entity who submits a charter
1630 school application to undergo background screening;
1631 prohibiting a sponsor from approving a charter school
1632 application until completion, receipt, and review of
1633 the results of such screening; requiring a charter to
1634 document that the governing board is independent of a
1635 management company or cooperative; revising charter
1636 provisions relating to long-term charters; revising
1637 the deadline by which a charter school must have a
1638 certificate of occupancy or temporary certificate of
1639 occupancy; revising conditions for nonrenewal or
1640 termination of a charter; requiring the sponsor to
1641 review monthly financial statements; requiring the
1642 sponsor to notify specified parties of a charter’s
1643 termination under certain circumstances; requiring a
1644 charter school’s governing board to appoint a
1645 representative to provide information and assistance
1646 to parents; requiring the governing board to hold a
1647 certain number of meetings that are noticed, open, and
1648 accessible to the public per school year; authorizing
1649 a charter school that has not reached capacity to be
1650 open to any student in the state; revising
1651 requirements for the funding of charter schools;
1652 prohibiting the district school board from delaying
1653 payment to a charter school under specified
1654 circumstances; requiring the Department of Education
1655 to include a standard application form when providing
1656 information to the public on how to form, operate, and
1657 enroll in a charter school; prohibiting an employee of
1658 a management company or cooperative from being a
1659 member of a charter school governing board;
1660 prohibiting specified conflicts of interests on the
1661 part of members of the governing board of a charter
1662 school or charter school cooperative organization;
1663 amending s. 1002.331, F.S.; providing an exception to
1664 the prohibition on a high-performing charter school
1665 establishing more than one charter school in this
1666 state under specified circumstances; conforming
1667 provisions and a cross-reference to changes made by
1668 the act; amending s. 1002.332, F.S.; authorizing
1669 certain out-of-state entities to apply for designation
1670 as a high-performing charter school system; requiring
1671 the State Board of Education to adopt by rule
1672 eligibility criteria for such designation; requiring
1673 that charter schools established by such entities
1674 receive a reduction in certain administrative fees;
1675 amending s. 1002.451, F.S.; conforming a provision to
1676 changes made by the act; creating s. 1003.3101, F.S.;
1677 requiring each district school board to establish a
1678 classroom teacher transfer process for parents,
1679 approve or deny a request within a certain timeframe,
1680 and post an explanation of the transfer process in the
1681 student handbook or a similar publication; creating s.
1682 1003.5711, F.S.; providing that certain students who
1683 are deemed eligible for hospitalized program services
1684 are considered students with a disability; authorizing
1685 an individual education plan to be modified to
1686 accommodate such services; requiring the student to
1687 continue to receive educational instruction; requiring
1688 a school district to provide the student with a
1689 certified teacher or to partner with the Florida
1690 Virtual School or an approved provider for
1691 instructional services under certain circumstances;
1692 requiring the department to transfer funds for the
1693 student; requiring a children’s hospital to provide
1694 adequate educational space for each student; requiring
1695 the hospital and school district to enter in an
1696 agreement; creating s. 1004.6491, F.S.; establishing
1697 the Florida Institute for Charter School Innovation;
1698 specifying requirements for the institute; requiring
1699 an annual report to the Governor and the Legislature;
1700 requiring a report on the institute’s annual financial
1701 audit to the Auditor General, the Board of Governors
1702 of the State University System, and the State Board of
1703 Education; amending s. 1011.61, F.S.; revising the
1704 definition of the term “full-time student” for the
1705 purposes of the Florida Education Finance Program;
1706 creating s. 1011.6202, F.S.; creating the Principal
1707 Autonomy Pilot Program Initiative; providing a
1708 procedure for a school district to participate in the
1709 program; providing requirements for participating
1710 school districts and schools; exempting participating
1711 school districts from certain laws and rules;
1712 requiring principals of participating schools to
1713 complete a specific professional development program;
1714 providing for the term of participation in the
1715 program; providing for renewal or revocation of
1716 authorization to participate in the program; providing
1717 for reporting and rulemaking; amending s. 1011.64,
1718 F.S.; providing that certain training may be included
1719 in school district minimum classroom expenditure
1720 requirements; amending s. 1011.69, F.S.; requiring
1721 participating district school boards to allocate a
1722 specified percentage of certain funds to participating
1723 schools; amending s. 1012.28, F.S.; providing
1724 additional authority and responsibilities of the
1725 principal of a participating school in a charter
1726 school district; amending s. 1012.42, F.S.;
1727 authorizing a parent who receives notification that a
1728 teacher is teaching outside his or her field to
1729 request that his or her child be transferred to
1730 another classroom teacher within the school and grade
1731 in which the child is currently enrolled; amending s.
1732 1012.986, F.S.; specifying the contents of a specific
1733 professional development program for certain school
1734 principals; amending s. 1013.62, F.S.; revising
1735 eligibility requirements for charter school capital
1736 outlay funding; specifying applicability of certain
1737 reporting requirements to charter schools and public
1738 schools; providing an effective date.
