Bill Text: FL S0822 | 2025 | Regular Session | Introduced
Bill Title: Education
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-02-18 - Filed [S0822 Detail]
Download: Florida-2025-S0822-Introduced.html
Florida Senate - 2025 SB 822
By Senator Rodriguez
40-00853A-25 2025822__
1 A bill to be entitled
2 An act relating to education; amending s. 1002.33,
3 F.S.; providing requirements for specified deadlines
4 for charter schools; prohibiting a sponsor from
5 imposing certain limitations on charter school
6 enrollment; authorizing a charter school to increase
7 its enrollment capacity under certain circumstances;
8 providing requirements for such charter school’s
9 facilities; authorizing a charter school to assign its
10 charter to another governing board under certain
11 circumstances; providing requirements for such
12 assignment; authorizing charter school governing
13 boards to adopt their own codes of student conduct;
14 providing requirements for such codes; providing
15 requirements for the resolution of complaints or
16 appeals relating to such codes; revising the criteria
17 for a charter school to give enrollment preferences or
18 limit the enrollment process to certain students;
19 revising provisions relating to the background
20 screenings of charter school employees and governing
21 board members; requiring charter schools to be in
22 compliance with specified provisions relating to
23 student welfare; revising which facilities and land
24 are exempt from specified ad valorem taxes; providing
25 sponsor and Department of Education requirements for
26 the sharing of specified data with charter schools,
27 including educational service providers; providing
28 that certain provisions only apply to certain
29 relationships and transactions with for-profit
30 businesses; prohibiting certain persons from serving
31 as members of a charter school governing board;
32 providing an exception; amending s. 1002.331, F.S.;
33 authorizing high-performing charter schools to assume
34 the charters of certain charter schools; amending s.
35 1013.28, F.S.; providing legislative intent; requiring
36 school districts to take specified actions before the
37 disposal of real property; providing that charter
38 schools within a school district have a right of first
39 refusal for such real property; providing school
40 district requirements before the finalization of any
41 disposal of real property; prohibiting school
42 districts from such disposal before meeting certain
43 requirements; providing an effective date.
44
45 Be It Enacted by the Legislature of the State of Florida:
46
47 Section 1. Paragraphs (b) and (c) of subsection (5),
48 subsection (7), paragraph (d) of subsection (10), paragraph (g)
49 of subsection (12), paragraphs (b) and (c) of subsection (16),
50 paragraph (c) of subsection (18), paragraph (a) of subsection
51 (20), and paragraph (a) of subsection (26) of section 1002.33,
52 Florida Statutes, are amended, and paragraph (s) is added to
53 subsection (9) and paragraph (d) is added to subsection (26) of
54 that section, to read:
55 1002.33 Charter schools.—
56 (5) SPONSOR; DUTIES.—
57 (b) Sponsor duties.—
58 1.a. The sponsor shall monitor and review the charter
59 school in its progress toward the goals established in the
60 charter.
61 b. The sponsor shall monitor the revenues and expenditures
62 of the charter school and perform the duties provided in s.
63 1002.345.
64 c. The sponsor may approve a charter for a charter school
65 before the applicant has identified space, equipment, or
66 personnel, if the applicant indicates approval is necessary for
67 it to raise working funds.
68 d. The sponsor may not apply its policies to a charter
69 school unless mutually agreed to by both the sponsor and the
70 charter school. If the sponsor subsequently amends any agreed
71 upon sponsor policy, the version of the policy in effect at the
72 time of the execution of the charter, or any subsequent
73 modification thereof, shall remain in effect and the sponsor may
74 not hold the charter school responsible for any provision of a
75 newly revised policy until the revised policy is mutually agreed
76 upon.
77 e. The sponsor shall ensure that the charter is innovative
78 and consistent with the state education goals established by s.
79 1000.03(5).
80 f. The sponsor shall ensure that the charter school
81 participates in the state’s education accountability system. If
82 a charter school falls short of performance measures included in
83 the approved charter, the sponsor shall report such shortcomings
84 to the Department of Education.
85 g. The sponsor is not liable for civil damages under state
86 law for personal injury, property damage, or death resulting
87 from an act or omission of an officer, employee, agent, or
88 governing body of the charter school.
89 h. The sponsor is not liable for civil damages under state
90 law for any employment actions taken by an officer, employee,
91 agent, or governing body of the charter school.
92 i. The sponsor’s duties to monitor the charter school do
93 not constitute the basis for a private cause of action.
94 j. The sponsor may not impose additional reporting
95 requirements on a charter school as long as the charter school
96 has not been identified as having a deteriorating financial
97 condition or financial emergency pursuant to s. 1002.345.
98 k. The sponsor may not impose upon a charter school
99 administrative deadlines that are earlier than the sponsor’s own
100 corresponding deadlines for similar reports or submissions. Any
101 deadline imposed upon a charter school for financial audits or
102 other administrative requirements may not be earlier than 15
103 days before the sponsor’s own deadline for similar submissions
104 to the department.
105 l.k. The sponsor shall submit an annual report to the
106 Department of Education in a web-based format to be determined
107 by the department.
108 (I) The report must shall include the following
109 information:
110 (A) The number of applications received during the school
111 year and up to August 1 and each applicant’s contact
112 information.
113 (B) The date each application was approved, denied, or
114 withdrawn.
115 (C) The date each final contract was executed.
116 (II) Annually, by November 1, the sponsor shall submit to
117 the department the information for the applications submitted
118 the previous year.
119 (III) The department shall compile an annual report, by
120 sponsor, and post the report on its website by January 15 of
121 each year.
122 2. Immunity for the sponsor of a charter school under
123 subparagraph 1. applies only with respect to acts or omissions
124 not under the sponsor’s direct authority as described in this
125 section.
126 3. This paragraph does not waive a sponsor’s sovereign
127 immunity.
128 4. A Florida College System institution may work with the
129 school district or school districts in its designated service
130 area to develop charter schools that offer secondary education.
131 These charter schools must include an option for students to
132 receive an associate degree upon high school graduation. If a
133 Florida College System institution operates an approved teacher
134 preparation program under s. 1004.04 or s. 1004.85, the
135 institution may operate charter schools that serve students in
136 kindergarten through grade 12 in any school district within the
137 service area of the institution. District school boards shall
138 cooperate with and assist the Florida College System institution
139 on the charter application. Florida College System institution
140 applications for charter schools are not subject to the time
141 deadlines outlined in subsection (6) and may be approved by the
142 district school board at any time during the year. Florida
143 College System institutions may not report FTE for any students
144 participating under this subparagraph who receive FTE funding
145 through the Florida Education Finance Program.
146 5. For purposes of assisting the development of a charter
147 school, a school district may enter into nonexclusive interlocal
148 agreements with federal and state agencies, counties,
149 municipalities, and other governmental entities that operate
150 within the geographical borders of the school district to act on
151 behalf of such governmental entities in the inspection,
152 issuance, and other necessary activities for all necessary
153 permits, licenses, and other permissions that a charter school
154 needs in order for development, construction, or operation. A
155 charter school may use, but may not be required to use, a school
156 district for these services. The interlocal agreement must
157 include, but need not be limited to, the identification of fees
158 that charter schools will be charged for such services. The fees
159 must consist of the governmental entity’s fees plus a fee for
160 the school district to recover no more than actual costs for
161 providing such services. These services and fees are not
162 included within the services to be provided pursuant to
163 subsection (20). Notwithstanding any other provision of law, an
164 interlocal agreement or ordinance that imposes a greater
165 regulatory burden on charter schools than school districts or
166 that prohibits or limits the creation of a charter school is
167 void and unenforceable. An interlocal agreement entered into by
168 a school district for the development of only its own schools,
169 including provisions relating to the extension of
170 infrastructure, may be used by charter schools.
171 6. The board of trustees of a sponsoring state university
172 or Florida College System institution under paragraph (a) is the
173 local educational agency for all charter schools it sponsors for
174 purposes of receiving federal funds and accepts full
175 responsibility for all local educational agency requirements and
176 the schools for which it will perform local educational agency
177 responsibilities. A student enrolled in a charter school that is
178 sponsored by a state university or Florida College System
179 institution may not be included in the calculation of the school
180 district’s grade under s. 1008.34(5) for the school district in
181 which he or she resides.
182 (c) Sponsor accountability.—
183 1. The department shall, in collaboration with charter
184 school sponsors and charter school operators, develop a sponsor
185 evaluation framework that must address, at a minimum:
186 a. The sponsor’s strategic vision for charter school
187 authorization and the sponsor’s progress toward that vision.
188 b. The alignment of the sponsor’s policies and practices to
189 best practices for charter school authorization.
190 c. The academic and financial performance of all operating
191 charter schools overseen by the sponsor.
192 d. The status of charter schools authorized by the sponsor,
193 including approved, operating, and closed schools.
194 2. The department shall compile the results by sponsor and
195 include the results in the report required under sub-sub
196 subparagraph (b)1.l.(III) (b)1.k.(III).
197 (7) CHARTER.—The terms and conditions for the operation of
198 a charter school, including a virtual charter school, must shall
199 be set forth by the sponsor and the applicant in a written
200 contractual agreement, called a charter. The sponsor and the
201 governing board of the charter school or virtual charter school
202 shall use the standard charter contract or standard virtual
203 charter contract, respectively, pursuant to subsection (21),
204 which shall incorporate the approved application and any addenda
205 approved with the application. Any term or condition of a
206 proposed charter contract or proposed virtual charter contract
207 that differs from the standard charter or virtual charter
208 contract adopted by rule of the State Board of Education is
209 shall be presumed a limitation on charter school flexibility.
210 The sponsor may not impose unreasonable rules or regulations
211 that violate the intent of giving charter schools greater
212 flexibility to meet educational goals. Limitations on student
213 enrollment which are less than the documented facility capacity
214 are unreasonable and may not be imposed. The charter shall be
215 signed by the governing board of the charter school and the
216 sponsor, following a public hearing to ensure community input.
217 (a) The charter shall address and criteria for approval of
218 the charter shall be based on:
219 1. The school’s mission, the types of students to be
220 served, and, for a virtual charter school, the types of students
221 the school intends to serve who reside outside of the sponsoring
222 school district, and the ages and grades to be included.
223 2. The focus of the curriculum, the instructional methods
224 to be used, any distinctive instructional techniques to be
225 employed, and identification and acquisition of appropriate
226 technologies needed to improve educational and administrative
227 performance which include a means for promoting safe, ethical,
228 and appropriate uses of technology which comply with legal and
229 professional standards.
230 a. The charter shall ensure that reading is a primary focus
231 of the curriculum and that resources are provided to identify
232 and provide specialized instruction for students who are reading
233 below grade level. The curriculum and instructional strategies
234 for reading must be consistent with the state’s academic
235 standards and grounded in scientifically based reading research.
236 Reading instructional strategies for foundational skills shall
237 include phonics instruction for decoding and encoding as the
238 primary instructional strategy for word reading. Instructional
239 strategies may not employ the three-cueing system model of
240 reading or visual memory as a basis for teaching word reading.
241 Such strategies may include visual information and strategies
242 that improve background and experiential knowledge, add context,
243 and increase oral language and vocabulary to support
244 comprehension, but may not be used to teach word reading.
245 b. The charter shall ensure that mathematics is a focus of
246 the curriculum and that resources are provided to identify and
247 provide specialized instruction for students who are performing
248 below grade level.
249 c. In order to provide students with access to diverse
250 instructional delivery models, to facilitate the integration of
251 technology within traditional classroom instruction, and to
252 provide students with the skills they need to compete in the
253 21st century economy, the Legislature encourages instructional
254 methods for blended learning courses consisting of both
255 traditional classroom and online instructional techniques.
256 Charter schools may implement blended learning courses which
257 combine traditional classroom instruction and virtual
258 instruction. Students in a blended learning course must be full
259 time students of the charter school pursuant to s.
260 1011.61(1)(a)1. Instructional personnel certified pursuant to s.
261 1012.55 who provide virtual instruction for blended learning
262 courses may be employees of the charter school or may be under
263 contract to provide instructional services to charter school
264 students. At a minimum, such instructional personnel must hold
265 an active state or school district adjunct certification under
266 s. 1012.57 for the subject area of the blended learning course.
267 The funding and performance accountability requirements for
268 blended learning courses are the same as those for traditional
269 courses.
270 3. The current incoming baseline standard of student
271 academic achievement, the outcomes to be achieved, and the
272 method of measurement that will be used. The criteria listed in
273 this subparagraph shall include a detailed description of:
274 a. How the baseline student academic achievement levels and
275 prior rates of academic progress will be established.
276 b. How these baseline rates will be compared to rates of
277 academic progress achieved by these same students while
278 attending the charter school.
279 c. To the extent possible, how these rates of progress will
280 be evaluated and compared with rates of progress of other
281 closely comparable student populations.
282
283 A district school board is required to provide academic student
284 performance data to charter schools for each of their students
285 coming from the district school system, as well as rates of
286 academic progress of comparable student populations in the
287 district school system.
288 4. The methods used to identify the educational strengths
289 and needs of students and how well educational goals and
290 performance standards are met by students attending the charter
291 school. The methods must shall provide a means for the charter
292 school to ensure accountability to its constituents by analyzing
293 student performance data and by evaluating the effectiveness and
294 efficiency of its major educational programs. Students in
295 charter schools shall, at a minimum, participate in the
296 statewide assessment program created under s. 1008.22.
297 5. In secondary charter schools, a method for determining
298 that a student has satisfied the requirements for graduation in
299 s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
300 6. A method for resolving conflicts between the governing
301 board of the charter school and the sponsor.
302 7. The admissions procedures and dismissal procedures,
303 including the school’s code of student conduct. Admission or
304 dismissal must not be based on a student’s academic performance,
305 except as authorized under subparagraph (10)(e)5.
306 8. The ways by which the school will achieve a
307 racial/ethnic balance reflective of the community it serves or
308 within the racial/ethnic range of other nearby public schools or
309 school districts.
310 9. The financial and administrative management of the
311 school, including a reasonable demonstration of the professional
312 experience or competence of those individuals or organizations
313 applying to operate the charter school or those hired or
314 retained to perform such professional services and the
315 description of clearly delineated responsibilities and the
316 policies and practices needed to effectively manage the charter
317 school. A description of internal audit procedures and
318 establishment of controls to ensure that financial resources are
319 properly managed must be included. Both public sector and
320 private sector professional experience shall be equally valid in
321 such a consideration.
322 10. The asset and liability projections required in the
323 application which are incorporated into the charter and shall be
324 compared with information provided in the annual report of the
325 charter school.
326 11. A description of procedures that identify various risks
327 and provide for a comprehensive approach to reduce the impact of
328 losses; plans to ensure the safety and security of students and
329 staff; plans to identify, minimize, and protect others from
330 violent or disruptive student behavior; and the manner in which
331 the school will be insured, including whether or not the school
332 will be required to have liability insurance, and, if so, the
333 terms and conditions thereof and the amounts of coverage.
334 12. The term of the charter which shall provide for
335 cancellation of the charter if insufficient progress has been
336 made in attaining the student achievement objectives of the
337 charter and if it is not likely that such objectives can be
338 achieved before expiration of the charter. The initial term of a
339 charter shall be for 5 years, excluding 2 planning years. In
340 order to facilitate access to long-term financial resources for
341 charter school construction, charter schools that are operated
342 by a municipality or other public entity as provided by law are
343 eligible for up to a 15-year charter, subject to approval by the
344 sponsor. A charter lab school is eligible for a charter for a
345 term of up to 15 years. In addition, to facilitate access to
346 long-term financial resources for charter school construction,
347 charter schools that are operated by a private, not-for-profit,
348 s. 501(c)(3) status corporation are eligible for up to a 15-year
349 charter, subject to approval by the sponsor. Such long-term
350 charters remain subject to annual review and may be terminated
351 during the term of the charter, but only according to the
352 provisions set forth in subsection (8).
353 13. The facilities to be used and their location. The
354 sponsor may not require a charter school to have a certificate
355 of occupancy or a temporary certificate of occupancy for such a
356 facility earlier than 15 calendar days before the first day of
357 school. A charter school is authorized to increase its student
358 enrollment to more than the capacity identified in the charter,
359 but such enrollment may not exceed the capacity of the facility
360 at the time the enrollment increase will take effect. For
361 purposes of a charter school’s expansion, a facility’s capacity
362 includes any improvements to an existing facility or any new
363 facility that will be used by the students of the charter
364 school. The sponsor may not require facility capacity
365 documentation earlier than 15 calendar days before the first day
366 of school. The sponsor may not impose a limitation on the
367 charter school’s student enrollment which is less than the
368 facility capacity.
369 14. The qualifications to be required of the teachers and
370 the potential strategies used to recruit, hire, train, and
371 retain qualified staff to achieve best value.
372 15. The governance structure of the school, including the
373 status of the charter school as a public or private employer as
374 required in paragraph (12)(i).
375 16. A timetable for implementing the charter which
376 addresses the implementation of each element thereof and the
377 date by which the charter shall be awarded in order to meet this
378 timetable.
379 17. In the case of an existing public school that is being
380 converted to charter status, alternative arrangements for
381 current students who choose not to attend the charter school and
382 for current teachers who choose not to teach in the charter
383 school after conversion in accordance with the existing
384 collective bargaining agreement or district school board rule in
385 the absence of a collective bargaining agreement. However,
386 alternative arrangements are shall not be required for current
387 teachers who choose not to teach in a charter lab school, except
388 as authorized by the employment policies of the state university
389 which grants the charter to the lab school.
390 18. Full disclosure of the identity of all relatives
391 employed by the charter school who are related to the charter
392 school owner, president, chairperson of the governing board of
393 directors, superintendent, governing board member, principal,
394 assistant principal, or any other person employed by the charter
395 school who has equivalent decisionmaking authority. For the
396 purpose of this subparagraph, the term “relative” means father,
397 mother, son, daughter, brother, sister, uncle, aunt, first
398 cousin, nephew, niece, husband, wife, father-in-law, mother-in
399 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
400 stepfather, stepmother, stepson, stepdaughter, stepbrother,
401 stepsister, half brother, or half sister.
402 19. Implementation of the activities authorized under s.
403 1002.331 by the charter school when it satisfies the eligibility
404 requirements for a high-performing charter school. A high
405 performing charter school shall notify its sponsor in writing by
406 March 1 if it intends to increase enrollment or expand grade
407 levels the following school year. The written notice must shall
408 specify the amount of the enrollment increase and the grade
409 levels that will be added, as applicable.
410 (b) The sponsor has 30 days after approval of the
411 application to provide an initial proposed charter contract to
412 the charter school. The applicant and the sponsor have 40 days
413 thereafter to negotiate and notice the charter contract for
414 final approval by the sponsor unless both parties agree to an
415 extension. The proposed charter contract must shall be provided
416 to the charter school at least 7 calendar days before the date
417 of the meeting at which the charter is scheduled to be voted
418 upon by the sponsor. The Department of Education shall provide
419 mediation services for any dispute regarding this section
420 subsequent to the approval of a charter application and for any
421 dispute relating to the approved charter, except a dispute
422 regarding a charter school application denial. If either the
423 charter school or the sponsor indicates in writing that the
424 party does not desire to settle any dispute arising under this
425 section through mediation procedures offered by the Department
426 of Education, a charter school may immediately appeal any formal
427 or informal decision by the sponsor to an administrative law
428 judge appointed by the Division of Administrative Hearings. If
429 the Commissioner of Education determines that the dispute cannot
430 be settled through mediation, the dispute may also be appealed
431 to an administrative law judge appointed by the Division of
432 Administrative Hearings. The administrative law judge has final
433 order authority to rule on issues of equitable treatment of the
434 charter school as a public school, whether proposed provisions
435 of the charter violate the intended flexibility granted charter
436 schools by statute, or any other matter regarding this section,
437 except a dispute regarding charter school application denial, a
438 charter termination, or a charter nonrenewal. The administrative
439 law judge shall award the prevailing party reasonable attorney
440 fees and costs incurred during the mediation process,
441 administrative proceeding, and any appeals, to be paid by the
442 party against whom the administrative law judge rules.
443 (c)1. A charter may be renewed provided that a program
444 review demonstrates that the criteria in paragraph (a) have been
445 successfully accomplished and that none of the grounds for
446 nonrenewal established by paragraph (8)(a) have been expressly
447 found. The charter of a charter school that meets these
448 requirements and has received a school grade lower than a “B”
449 pursuant to s. 1008.34 in the most recently graded school year
450 must be renewed for no less than a 5-year term except as
451 provided in paragraph (9)(n). In order to facilitate long-term
452 financing for charter school construction, charter schools
453 operating for a minimum of 3 years and demonstrating exemplary
454 academic programming and fiscal management are eligible for a
455 15-year charter renewal. Such long-term charter is subject to
456 annual review and may be terminated during the term of the
457 charter.
458 2. The 15-year charter renewal that may be granted pursuant
459 to subparagraph 1. must be granted to a charter school that has
460 received a school grade of “A” or “B” pursuant to s. 1008.34 in
461 the most recently graded school year and that is not in a state
462 of financial emergency or deficit position as defined by this
463 section. Such long-term charter is subject to annual review and
464 may be terminated during the term of the charter pursuant to
465 subsection (8).
466 (d) A charter may be modified during its term upon the
467 recommendation of the sponsor or the charter school’s governing
468 board and the approval of both parties to the agreement. Changes
469 to curriculum which are consistent with state standards are
470 shall be deemed approved unless the sponsor and the Department
471 of Education determine in writing that the curriculum is
472 inconsistent with state standards. Modification during any term
473 may include, but is not limited to, consolidation of multiple
474 charters into a single charter if the charters are operated
475 under the same governing board, regardless of the renewal cycle.
476 A charter school that is not subject to a school improvement
477 plan and that closes as part of a consolidation must shall be
478 reported by the sponsor as a consolidation. A request for
479 consolidation of multiple charters must be approved or denied
480 within 60 days after the submission of the request. If the
481 request is denied, the sponsor must shall notify the charter
482 school’s governing board of the denial and provide the specific
483 reasons, in reasonable detail, for the denial of the request for
484 consolidation within 10 days. A charter school may assign its
485 charter to the governing board of another charter if the
486 governing board is a nonprofit entity or otherwise meets the
487 requirements of paragraph (12)(i). A sponsor may require the
488 proposed governing board to provide information required by
489 subparagraph (6)(a)6. and may deny a request for the assignment
490 of a charter if the sponsor demonstrates by clear and convincing
491 evidence that the proposed governing board does not meet the
492 requirements of this subsection.
493 (e) A charter may be terminated by a charter school’s
494 governing board through voluntary closure. The decision to cease
495 operations must be determined at a public meeting. The governing
496 board shall notify the parents and sponsor of the public meeting
497 in writing before the public meeting. The governing board must
498 notify the sponsor, parents of enrolled students, and the
499 department in writing within 24 hours after the public meeting
500 of its determination. The notice must shall state the charter
501 school’s intent to continue operations or the reason for the
502 closure and acknowledge that the governing board agrees to
503 follow the procedures for dissolution and reversion of public
504 funds pursuant to paragraphs (8)(d)-(f) and (9)(o).
505 (f) A charter may include a provision requiring the charter
506 school to be held responsible for all costs associated with, but
507 not limited to, mediation, damages, and attorney fees incurred
508 by the district in connection with complaints to the Office of
509 Civil Rights or the Equal Employment Opportunity Commission.
510 (9) CHARTER SCHOOL REQUIREMENTS.—
511 (s) A charter school governing board may adopt its own code
512 of student conduct. The code of student conduct must meet or
513 exceed the minimum standards set forth in the sponsor’s code of
514 student conduct. Any provision of the code of student conduct
515 which is more stringent than the sponsor’s code of student
516 conduct must align with the mission of the charter school. The
517 sponsor may review the code and offer recommendations. Any
518 complaint or appeal related to the code of student conduct must
519 be resolved by the charter school’s governing board using the
520 board’s established procedures and must be in compliance with
521 applicable law and rules.
522 (10) ELIGIBLE STUDENTS.—
523 (d) A charter school may give enrollment preference to the
524 following student populations:
525 1. Students who are siblings of a student enrolled in the
526 charter school.
527 2. Students who are the children of a member of the
528 governing board of the charter school.
529 3. Students who are the children of an employee of the
530 charter school.
531 4. Students who are the children of:
532 a. An employee of the business partner of a charter school
533 in-the-workplace established under paragraph (15)(b) or a
534 resident of the municipality in which such charter school is
535 located; or
536 b. A resident or employee of a municipality that operates a
537 charter school-in-a-municipality pursuant to paragraph (15)(c)
538 or allows a charter school to use a school facility or portion
539 of land provided by the municipality for the operation of the
540 charter school.
541 5. Students who have successfully completed, during the
542 previous year, a voluntary prekindergarten education program
543 under s. 402.3025 or ss. 1002.51-1002.79 provided by the charter
544 school, the charter school’s governing board, or a voluntary
545 prekindergarten provider that has a written agreement with the
546 governing board.
547 6. Students who are the children of an active duty member
548 of any branch of the United States Armed Forces.
549 7. Students who attended or are assigned to failing schools
550 pursuant to s. 1002.38(2).
551 8. Students who are the children of a safe-school officer,
552 as defined in s. 1006.12, at the school.
553 9. Students who transfer from a classical school in this
554 state to a charter classical school in this state. For purposes
555 of this subparagraph, the term “classical school” means a
556 traditional public school or charter school that implements a
557 classical education model that emphasizes the development of
558 students in the principles of moral character and civic virtue
559 through a well-rounded education in the liberal arts and
560 sciences which is based on the classical trivium stages of
561 grammar, logic, and rhetoric.
562 (12) EMPLOYEES OF CHARTER SCHOOLS.—
563 (g)1. A charter school shall employ or contract with
564 employees and governing board members who have undergone
565 background screening as provided in s. 1012.32. Such background
566 screening must have been conducted through the sponsor or
567 through fingerprinting at a Department of Law Enforcement
568 approved provider. The sponsor must accept fingerprints taken by
569 a provider approved by the Department of Law Enforcement.
570 Employees and members of a governing board who serve in more
571 than one county have the option to undergo fingerprinting
572 through the Department of Law Enforcement at the charter
573 school’s expense Members of the governing board of the charter
574 school shall also undergo background screening in a manner
575 similar to that provided in s. 1012.32. An individual may not be
576 employed as an employee or contract personnel of a charter
577 school or serve as a member of a charter school governing board
578 if the individual is on the disqualification list maintained by
579 the department pursuant to s. 1001.10(4)(b).
580 2. A charter school shall prohibit educational support
581 employees, instructional personnel, and school administrators,
582 as defined in s. 1012.01, from employment in any position that
583 requires direct contact with students if the employees,
584 personnel, or administrators are ineligible for such employment
585 under s. 1012.315 or have been terminated or have resigned in
586 lieu of termination for sexual misconduct with a student. If the
587 prohibited conduct occurs while employed, a charter school must
588 report the individual and the disqualifying circumstances to the
589 department for inclusion on the disqualification list maintained
590 pursuant to s. 1001.10(4)(b).
591 3. The governing board of a charter school shall adopt
592 policies establishing standards of ethical conduct for
593 educational support employees, instructional personnel, and
594 school administrators. The policies must require all educational
595 support employees, instructional personnel, and school
596 administrators, as defined in s. 1012.01, to complete training
597 on the standards; establish the duty of educational support
598 employees, instructional personnel, and school administrators to
599 report, and procedures for reporting, alleged misconduct that
600 affects the health, safety, or welfare of a student; and include
601 an explanation of the liability protections provided under ss.
602 39.203 and 768.095. A charter school, or any of its employees,
603 may not enter into a confidentiality agreement regarding
604 terminated or dismissed educational support employees,
605 instructional personnel, or school administrators, or employees,
606 personnel, or administrators who resign in lieu of termination,
607 based in whole or in part on misconduct that affects the health,
608 safety, or welfare of a student, and may not provide employees,
609 personnel, or administrators with employment references or
610 discuss the employees’, personnel’s, or administrators’
611 performance with prospective employers in another educational
612 setting, without disclosing the employees’, personnel’s, or
613 administrators’ misconduct. Any part of an agreement or contract
614 that has the purpose or effect of concealing misconduct by
615 educational support employees, instructional personnel, or
616 school administrators which affects the health, safety, or
617 welfare of a student is void, is contrary to public policy, and
618 may not be enforced.
619 4. Before employing an individual in any position that
620 requires direct contact with students, a charter school shall
621 conduct employment history checks of each individual through use
622 of the educator screening tools described in s. 1001.10(5), and
623 document the findings. If unable to contact a previous employer,
624 the charter school must document efforts to contact the
625 employer.
626 5. The sponsor of a charter school that knowingly fails to
627 comply with this paragraph shall terminate the charter under
628 subsection (8).
629 (16) EXEMPTION FROM STATUTES.—
630 (b) Additionally, a charter school shall be in compliance
631 with the following statutes:
632 1. Section 286.011, relating to public meetings and
633 records, public inspection, and criminal and civil penalties.
634 2. Chapter 119, relating to public records.
635 3. Section 1003.03, relating to the maximum class size,
636 except that the calculation for compliance pursuant to s.
637 1003.03 shall be the average at the school level.
638 4. Section 1012.22(1)(c), relating to compensation and
639 salary schedules.
640 5. Section 1012.33(5), relating to workforce reductions.
641 6. Section 1012.335, relating to contracts with
642 instructional personnel hired on or after July 1, 2011.
643 7. Section 1012.34, relating to the substantive
644 requirements for performance evaluations for instructional
645 personnel and school administrators.
646 8. Section 1006.12, relating to safe-school officers.
647 9. Section 1006.07(7), relating to threat management teams.
648 10. Section 1006.07(9), relating to School Environmental
649 Safety Incident Reporting.
650 11. Section 1006.07(10), relating to reporting of
651 involuntary examinations.
652 12. Section 1006.1493, relating to the Florida Safe Schools
653 Assessment Tool.
654 13. Section 1006.07(6)(d), relating to adopting an active
655 assailant response plan.
656 14. Section 943.082(4)(b), relating to the mobile
657 suspicious activity reporting tool.
658 15. Section 1012.584, relating to youth mental health
659 awareness and assistance training.
660 16. Section 1001.42(4)(f)2., relating to middle school and
661 high school start times. A charter school-in-the-workplace is
662 exempt from this requirement.
663 17. Section 1001.42(8)(c), relating to student welfare.
664 (c) For purposes of subparagraphs (b)4.-7. and 17.:
665 1. The duties assigned to a district school superintendent
666 apply to charter school administrative personnel, as defined in
667 s. 1012.01(3)(a) and (b), and the charter school governing board
668 shall designate at least one administrative person to be
669 responsible for such duties.
670 2. The duties assigned to a district school board apply to
671 a charter school governing board.
672 3. A charter school may hire instructional personnel and
673 other employees on an at-will basis.
674 4. Notwithstanding any provision to the contrary,
675 instructional personnel and other employees on contract may be
676 suspended or dismissed any time during the term of the contract
677 without cause.
678 (18) FACILITIES.—
679 (c) Any facility, or portion thereof, used to house a
680 charter school whose charter has been approved by the sponsor
681 and the governing board, pursuant to subsection (7), is exempt
682 from ad valorem taxes pursuant to s. 196.1983. Any facility or
683 land owned by a library, community service, museum, performing
684 arts, theater, cinema, or church facility; any facility or land
685 owned by a Florida College System institution or university; any
686 similar public institutional facilities or land; and any
687 facility recently used to house a school or child care facility
688 licensed under s. 402.305 may provide space to charter schools
689 within their facilities or their land under their preexisting
690 zoning and land use designations without obtaining a special
691 exception, rezoning, or a land use change.
692 (20) SERVICES.—
693 (a)1. A sponsor shall provide certain administrative and
694 educational services to charter schools. These services shall
695 include contract management services; full-time equivalent and
696 data reporting services; exceptional student education
697 administration services; services related to eligibility and
698 reporting duties required to ensure that school lunch services
699 under the National School Lunch Program, consistent with the
700 needs of the charter school, are provided by the sponsor at the
701 request of the charter school, that any funds due to the charter
702 school under the National School Lunch Program be paid to the
703 charter school as soon as the charter school begins serving food
704 under the National School Lunch Program, and that the charter
705 school is paid at the same time and in the same manner under the
706 National School Lunch Program as other public schools serviced
707 by the sponsor or the school district; test administration
708 services, including payment of the costs of state-required or
709 district-required student assessments; processing of teacher
710 certificate data services; and information services, including
711 equal access to the sponsor’s student information systems that
712 are used by public schools in the district in which the charter
713 school is located or by schools in the sponsor’s portfolio of
714 charter schools if the sponsor is not a school district. Student
715 performance data for each student in a charter school,
716 including, but not limited to, FCAT scores, standardized test
717 scores, previous public school student report cards, and student
718 performance measures, shall be provided by the sponsor to a
719 charter school in the same manner provided to other public
720 schools in the district or by schools in the sponsor’s portfolio
721 of charter schools if the sponsor is not a school district. The
722 sponsor and the department shall ensure that student data,
723 including student assessment data, are promptly and efficiently
724 shared with charter schools, including a charter school’s
725 educational service provider. Such data must be shared
726 programmatically. A sponsor or the department may not delay or
727 deny the sharing of student data with charter schools, including
728 a charter school’s educational service provider, unless required
729 by general or federal law.
730 2. A sponsor shall provide training to charter schools on
731 systems the sponsor will require the charter school to use.
732 3. A sponsor may withhold an administrative fee for the
733 provision of such services which is shall be a percentage of the
734 available funds defined in paragraph (17)(b) calculated based on
735 weighted full-time equivalent students. If the charter school
736 serves 75 percent or more exceptional education students as
737 defined in s. 1003.01(9), the percentage must shall be
738 calculated based on unweighted full-time equivalent students.
739 The administrative fee must shall be calculated as follows:
740 a. Up to 5 percent for:
741 (I) Enrollment of up to and including 250 students in a
742 charter school as defined in this section.
743 (II) Enrollment of up to and including 500 students within
744 a charter school system which meets all of the following:
745 (A) Includes conversion charter schools and nonconversion
746 charter schools.
747 (B) Has all of its schools located in the same county.
748 (C) Has a total enrollment exceeding the total enrollment
749 of at least one school district in this state.
750 (D) Has the same governing board for all of its schools.
751 (E) Does not contract with a for-profit service provider
752 for management of school operations.
753 (III) Enrollment of up to and including 250 students in a
754 virtual charter school.
755 b. Up to 2 percent for enrollment of up to and including
756 250 students in a high-performing charter school as defined in
757 s. 1002.331.
758 c. Up to 2 percent for enrollment of up to and including
759 250 students in an exceptional student education center that
760 meets the requirements of the rules adopted by the State Board
761 of Education pursuant to s. 1008.3415(3).
762 4. A sponsor may not charge charter schools any additional
763 fees or surcharges for administrative and educational services
764 in addition to the maximum percentage of administrative fees
765 withheld pursuant to this paragraph. A sponsor may not charge or
766 withhold any administrative fee against a charter school for any
767 funds specifically allocated by the Legislature for teacher
768 compensation.
769 5. A sponsor shall provide to the department by September
770 15 of each year the total amount of funding withheld from
771 charter schools pursuant to this subsection for the prior fiscal
772 year. The department must include the information in the report
773 required under sub-sub-subparagraph (5)(b)1.k.(III).
774 6. A sponsor shall annually provide a report to its charter
775 schools on what services are being rendered from the sponsor’s
776 portion of the administrative fee. The report must include the
777 listed services and be submitted to the department by September
778 15 of each year.
779 (26) STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.—
780 (a) A member of a governing board of a charter school,
781 including a charter school operated by a private entity, is
782 subject to ss. 112.313(2), (3), (7), and (12) and 112.3143(3) to
783 the extent that such statutes concern employment and contractual
784 relationships with for-profit businesses or transactions between
785 the charter school and for-profit businesses.
786 (d) A landlord of a charter school or his or her spouse or
787 an officer, director, or employee of an entity that is a
788 landlord of a charter school or his or her spouse may not be a
789 member of a governing board of a charter school unless the
790 charter school was established pursuant to paragraph (15)(c).
791 Section 2. Subsection (2) of section 1002.331, Florida
792 Statutes, is amended to read:
793 1002.331 High-performing charter schools.—
794 (2) A high-performing charter school is authorized to:
795 (a) Increase its student enrollment once per school year to
796 more than the capacity identified in the charter, but student
797 enrollment may not exceed the capacity of the facility at the
798 time the enrollment increase will take effect. Facility capacity
799 for purposes of expansion must shall include any improvements to
800 an existing facility or any new facility in which the students
801 of the high-performing charter school will enroll.
802 (b) Expand grade levels within kindergarten through grade
803 12 to add grade levels not already served if any annual
804 enrollment increase resulting from grade level expansion is
805 within the limit established in paragraph (a).
806 (c) Submit a quarterly, rather than a monthly, financial
807 statement to the sponsor pursuant to s. 1002.33(9)(g).
808 (d) Consolidate under a single charter the charters of
809 multiple high-performing charter schools operated in the same
810 school district by the charter schools’ governing board
811 regardless of the renewal cycle.
812 (e) Receive a modification of its charter to a term of 15
813 years or a 15-year charter renewal. The charter may be modified
814 or renewed for a shorter term at the option of the high
815 performing charter school. The charter must be consistent with
816 s. 1002.33(7)(a)19. and (10)(h) and (i), is subject to annual
817 review by the sponsor, and may be terminated during its term
818 pursuant to s. 1002.33(8).
819 (f) Assume the charter of an existing charter school within
820 the same school district in which it operates.
821
822 A high-performing charter school shall notify its sponsor in
823 writing by March 1 if it intends to increase enrollment or
824 expand grade levels the following school year. The written
825 notice must shall specify the amount of the enrollment increase
826 and the grade levels that will be added, as applicable. If a
827 charter school notifies the sponsor of its intent to expand, the
828 sponsor must shall modify the charter within 90 days to include
829 the new enrollment maximum and may not make any other changes.
830 The sponsor may deny a request to increase the enrollment of a
831 high-performing charter school if the commissioner has
832 declassified the charter school as high-performing. If a high
833 performing charter school requests to consolidate multiple
834 charters or to assume an existing charter, the sponsor has shall
835 have 40 days after receipt of that request to provide an initial
836 draft charter to the charter school. The sponsor and charter
837 school shall have 50 days thereafter to negotiate and notice the
838 charter contract for final approval by the sponsor.
839 Section 3. Present paragraph (b) of subsection (1) of
840 section 1013.28, Florida Statutes, is redesignated as paragraph
841 (c), and a new paragraph (b) is added to that subsection, to
842 read:
843 1013.28 Disposal of property.—
844 (1) REAL PROPERTY.—
845 (b)1. It is the intent of the Legislature to prioritize the
846 continued use of real property for public education purposes in
847 alignment with the state’s goal of supporting and expanding
848 educational opportunities.
849 2. Before the disposal of any real property, including
850 school facilities, by sale, transfer, lease, or disposal by a
851 school district, the school district shall provide written
852 notice to each charter school operating within the school
853 district of the intent to dispose of such property. Charter
854 schools within the school district shall be granted a right of
855 first refusal for the purchase, lease, or use of the property
856 for educational purposes. The school district may not finalize
857 any transaction involving the disposal of property until each
858 charter school within the school district has been given a
859 reasonable opportunity to express interest in and submit an
860 offer to the school district for such property to ensure the
861 continuity of educational services within the community.
862 3. The school district may not engage in the disposal of
863 real property without first meeting the requirements of this
864 paragraph.
865 Section 4. This act shall take effect July 1, 2025.
