Bill Text: FL S0906 | 2015 | Regular Session | Introduced
Bill Title: Charter Schools
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2015-05-01 - Died in Education Pre-K - 12 [S0906 Detail]
Download: Florida-2015-S0906-Introduced.html
Florida Senate - 2015 SB 906 By Senator Sobel 33-00598-15 2015906__ 1 A bill to be entitled 2 An act relating to charter schools; amending s. 3 1002.33, F.S.; requiring an application for a charter 4 school to contain a list of certain information 5 regarding all charter schools currently or previously 6 operated by the applicant, applicant group, or 7 proposed management company; requiring a sponsor to 8 consider current or previous charter school 9 performance by the applicant, applicant group, or 10 proposed management company; authorizing a sponsor to 11 deny an application based on charter school failures; 12 requiring a charter school to submit monthly financial 13 statements for the first year of operation with 14 specified information included; requiring a charter 15 school to submit a plan to become financially viable 16 under certain circumstances; requiring a charter to 17 include documentation of adequate financial resources 18 to support the charter school’s operation; providing 19 an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Paragraphs (a) and (b) of subsection (6) and 24 paragraph (a) of subsection (7) of section 1002.33, Florida 25 Statutes, are amended to read: 26 1002.33 Charter schools.— 27 (6) APPLICATION PROCESS AND REVIEW.—Charter school 28 applications are subject to the following requirements: 29 (a) A person or entity wishing to open a charter school 30 shall prepare and submit an application on a model application 31 form prepared by the Department of Education which: 32 1. Demonstrates how the school will use the guiding 33 principles and meet the statutorily defined purpose of a charter 34 school. 35 2. Provides a detailed curriculum plan that illustrates how 36 students will be provided services to attain the Sunshine State 37 Standards. 38 3. Contains goals and objectives for improving student 39 learning and measuring that improvement. These goals and 40 objectives must indicate how much academic improvement students 41 are expected to show each year, how success will be evaluated, 42 and the specific results to be attained through instruction. 43 4. Describes the reading curriculum and differentiated 44 strategies that will be used for students reading at grade level 45 or higher and a separate curriculum and strategies for students 46 who are reading below grade level. A sponsor shall deny a 47 charter if the school does not propose a reading curriculum that 48 is consistent with effective teaching strategies that are 49 grounded in scientifically based reading research. 50 5. Contains an annual financial plan for each year 51 requested by the charter for operation of the school for up to 5 52 years. This plan must contain anticipated fund balances based on 53 revenue projections, a spending plan based on projected revenues 54 and expenses, and a description of controls that will safeguard 55 finances and projected enrollment trends. 56 6. Contains additional information a sponsor may require, 57 which shall be attached as an addendum to the charter school 58 application described in this paragraph. 59 7. Contains a list of all charter schools currently or 60 previously operated by the applicant, applicant group, or 61 proposed management company and the grades and success or 62 failure of such schools, including, but not limited to, whether 63 the school’s charter was canceled within 2 years of opening. 64 8.7.For the establishment of a virtual charter school, 65 documents that the applicant has contracted with a provider of 66 virtual instruction services pursuant to s. 1002.45(1)(d). 67 (b) A sponsor shall receive and review all applications for 68 a charter school using an evaluation instrument developed by the 69 Department of Education and shall consider the performance of 70 all charter schools currently or previously operated by the 71 applicant, applicant group, or proposed management company. A 72 sponsor may deny an application by an applicant, applicant 73 group, or proposed management company that has had a previous 74 charter school failure. A sponsor shall receive and consider 75 charter school applications received on or before August 1 of 76 each calendar year for charter schools to be opened at the 77 beginning of the school district’s next school year, or to be 78 opened at a time agreed to by the applicant and the sponsor. A 79 sponsor may not refuse to receive a charter school application 80 submitted before August 1 and may receive an application 81 submitted later than August 1 if it chooses. In order to 82 facilitate greater collaboration in the application process, an 83 applicant may submit a draft charter school application on or 84 before May 1 with an application fee of $500. If a draft 85 application is timely submitted, the sponsor shall review and 86 provide feedback as to material deficiencies in the application 87 by July 1. The applicant shall then have until August 1 to 88 resubmit a revised and final application. The sponsor may 89 approve the draft application. A sponsor may not charge an 90 applicant for a charter any fee for the processing or 91 consideration of an application, and a sponsor may not base its 92 consideration or approval of a final application upon the 93 promise of future payment of any kind. Before approving or 94 denying any final application, the sponsor shall allow the 95 applicant, upon receipt of written notification, at least 7 96 calendar days to make technical or nonsubstantive corrections 97 and clarifications, including, but not limited to, corrections 98 of grammatical, typographical, and like errors or missing 99 signatures, if such errors are identified by the sponsor as 100 cause to deny the final application. 101 1. In order to facilitate an accurate budget projection 102 process, a sponsor shall be held harmless for FTE students who 103 are not included in the FTE projection due to approval of 104 charter school applications after the FTE projection deadline. 105 In a further effort to facilitate an accurate budget projection, 106 within 15 calendar days after receipt of a charter school 107 application, a sponsor shall report to the Department of 108 Education the name of the applicant entity, the proposed charter 109 school location, and its projected FTE. 110 2. In order to ensure fiscal responsibility, an application 111 for a charter school shall include a full accounting of expected 112 assets, a projection of expected sources and amounts of income, 113 including income derived from projected student enrollments and 114 from community support, and an expense projection that includes 115 full accounting of the costs of operation, including start-up 116 costs. To ensure continued financial responsibility, a charter 117 school shall submit monthly financial statements for the first 118 year of operation which include a full accounting of the costs 119 of operation and sources of income. If a school’s financial 120 statement indicates that the school is not financially viable, 121 the school must also prepare and submit a plan that describes 122 specific actions the school will take to become viable. 123 3.a. A sponsor shall by a majority vote approve or deny an 124 application no later than 60 calendar days after the application 125 is received, unless the sponsor and the applicant mutually agree 126 in writing to temporarily postpone the vote to a specific date, 127 at which time the sponsor shall by a majority vote approve or 128 deny the application. If the sponsor fails to act on the 129 application, an applicant may appeal to the State Board of 130 Education as provided in paragraph (c). If an application is 131 denied, the sponsor shall, within 10 calendar days after such 132 denial, articulate in writing the specific reasons, based upon 133 good cause, supporting its denial of the charter application and 134 shall provide the letter of denial and supporting documentation 135 to the applicant and to the Department of Education. 136 b. An application submitted by a high-performing charter 137 school identified pursuant to s. 1002.331 may be denied by the 138 sponsor only if the sponsor demonstrates by clear and convincing 139 evidence that: 140 (I) The application does not materially comply with the 141 requirements in paragraph (a); 142 (II) The charter school proposed in the application does 143 not materially comply with the requirements in paragraphs 144 (9)(a)-(f); 145 (III) The proposed charter school’s educational program 146 does not substantially replicate that of the applicant or one of 147 the applicant’s high-performing charter schools; 148 (IV) The applicant has made a material misrepresentation or 149 false statement or concealed an essential or material fact 150 during the application process; or 151 (V) The proposed charter school’s educational program and 152 financial management practices do not materially comply with the 153 requirements of this section. 154 155 Material noncompliance is a failure to follow requirements or a 156 violation of prohibitions applicable to charter school 157 applications, which failure is quantitatively or qualitatively 158 significant either individually or when aggregated with other 159 noncompliance. An applicant is considered to be replicating a 160 high-performing charter school if the proposed school is 161 substantially similar to at least one of the applicant’s high 162 performing charter schools and the organization or individuals 163 involved in the establishment and operation of the proposed 164 school are significantly involved in the operation of replicated 165 schools. 166 c. If the sponsor denies an application submitted by a 167 high-performing charter school, the sponsor must, within 10 168 calendar days after such denial, state in writing the specific 169 reasons, based upon the criteria in sub-subparagraph b., 170 supporting its denial of the application and must provide the 171 letter of denial and supporting documentation to the applicant 172 and to the Department of Education. The applicant may appeal the 173 sponsor’s denial of the application directly to the State Board 174 of Education pursuant to sub-subparagraph (c)3.b. 175 4. For budget projection purposes, the sponsor shall report 176 to the Department of Education the approval or denial of a 177 charter application within 10 calendar days after such approval 178 or denial. In the event of approval, the report to the 179 Department of Education shall include the final projected FTE 180 for the approved charter school. 181 5. Upon approval of a charter application, the initial 182 startup shall commence with the beginning of the public school 183 calendar for the district in which the charter is granted unless 184 the sponsor allows a waiver of this subparagraph for good cause. 185 (7) CHARTER.—The major issues involving the operation of a 186 charter school shall be considered in advance and written into 187 the charter. The charter shall be signed by the governing board 188 of the charter school and the sponsor, following a public 189 hearing to ensure community input. 190 (a) The charter shall address and criteria for approval of 191 the charter shall be based on: 192 1. The school’s mission, the students to be served, and the 193 ages and grades to be included. 194 2. The focus of the curriculum, the instructional methods 195 to be used, any distinctive instructional techniques to be 196 employed, and identification and acquisition of appropriate 197 technologies needed to improve educational and administrative 198 performance which include a means for promoting safe, ethical, 199 and appropriate uses of technology which comply with legal and 200 professional standards. 201 a. The charter shall ensure that reading is a primary focus 202 of the curriculum and that resources are provided to identify 203 and provide specialized instruction for students who are reading 204 below grade level. The curriculum and instructional strategies 205 for reading must be consistent with the Next Generation Sunshine 206 State Standards and grounded in scientifically based reading 207 research. 208 b. In order to provide students with access to diverse 209 instructional delivery models, to facilitate the integration of 210 technology within traditional classroom instruction, and to 211 provide students with the skills they need to compete in the 212 21st century economy, the Legislature encourages instructional 213 methods for blended learning courses consisting of both 214 traditional classroom and online instructional techniques. 215 Charter schools may implement blended learning courses which 216 combine traditional classroom instruction and virtual 217 instruction. Students in a blended learning course must be full 218 time students of the charter school and receive the online 219 instruction in a classroom setting at the charter school. 220 Instructional personnel certified pursuant to s. 1012.55 who 221 provide virtual instruction for blended learning courses may be 222 employees of the charter school or may be under contract to 223 provide instructional services to charter school students. At a 224 minimum, such instructional personnel must hold an active state 225 or school district adjunct certification under s. 1012.57 for 226 the subject area of the blended learning course. The funding and 227 performance accountability requirements for blended learning 228 courses are the same as those for traditional courses. 229 3. The current incoming baseline standard of student 230 academic achievement, the outcomes to be achieved, and the 231 method of measurement that will be used. The criteria listed in 232 this subparagraph shall include a detailed description of: 233 a. How the baseline student academic achievement levels and 234 prior rates of academic progress will be established. 235 b. How these baseline rates will be compared to rates of 236 academic progress achieved by these same students while 237 attending the charter school. 238 c. To the extent possible, how these rates of progress will 239 be evaluated and compared with rates of progress of other 240 closely comparable student populations. 241 242 The district school board is required to provide academic 243 student performance data to charter schools for each of their 244 students coming from the district school system, as well as 245 rates of academic progress of comparable student populations in 246 the district school system. 247 4. The methods used to identify the educational strengths 248 and needs of students and how well educational goals and 249 performance standards are met by students attending the charter 250 school. The methods shall provide a means for the charter school 251 to ensure accountability to its constituents by analyzing 252 student performance data and by evaluating the effectiveness and 253 efficiency of its major educational programs. Students in 254 charter schools shall, at a minimum, participate in the 255 statewide assessment program created under s. 1008.22. 256 5. In secondary charter schools, a method for determining 257 that a student has satisfied the requirements for graduation in 258 s. 1002.3105(5), s. 1003.4281, or s. 1003.4282. 259 6. A method for resolving conflicts between the governing 260 board of the charter school and the sponsor. 261 7. The admissions procedures and dismissal procedures, 262 including the school’s code of student conduct. 263 8. The ways by which the school will achieve a 264 racial/ethnic balance reflective of the community it serves or 265 within the racial/ethnic range of other public schools in the 266 same school district. 267 9. The financial and administrative management of the 268 school, including a reasonable demonstration of the professional 269 experience or competence of those individuals or organizations 270 applying to operate the charter school or those hired or 271 retained to perform such professional services and the 272 description of clearly delineated responsibilities and the 273 policies and practices needed to effectively manage the charter 274 school. A description of internal audit procedures and 275 establishment of controls to ensure that financial resources are 276 properly managed must be included. Both public sector and 277 private sector professional experience shall be equally valid in 278 such a consideration. 279 10. The asset and liability projections required in the 280 application which are incorporated into the charter and shall be 281 compared with information provided in the annual report of the 282 charter school. 283 11. A description of procedures that identify various risks 284 and provide for a comprehensive approach to reduce the impact of 285 losses; plans to ensure the safety and security of students and 286 staff; plans to identify, minimize, and protect others from 287 violent or disruptive student behavior; and the manner in which 288 the school will be insured, including whether or not the school 289 will be required to have liability insurance, and, if so, the 290 terms and conditions thereof and the amounts of coverage. 291 12. The term of the charter which shall provide for 292 cancellation of the charter if insufficient progress has been 293 made in attaining the student achievement objectives of the 294 charter and if it is not likely that such objectives can be 295 achieved before expiration of the charter. The initial term of a 296 charter shall be for 4 or 5 years. In order to facilitate access 297 to long-term financial resources for charter school 298 construction, charter schools that are operated by a 299 municipality or other public entity as provided by law are 300 eligible for up to a 15-year charter, subject to approval by the 301 district school board. A charter lab school is eligible for a 302 charter for a term of up to 15 years. In addition, to facilitate 303 access to long-term financial resources for charter school 304 construction, charter schools that are operated by a private, 305 not-for-profit, s. 501(c)(3) status corporation are eligible for 306 up to a 15-year charter, subject to approval by the district 307 school board. Such long-term charters remain subject to annual 308 review and may be terminated during the term of the charter, but 309 only according to the provisions set forth in subsection (8). 310 13. The facilities to be used and their location. The 311 sponsor may not require a charter school to have a certificate 312 of occupancy or a temporary certificate of occupancy for such a 313 facility earlier than 15 calendar days before the first day of 314 school. 315 14. The qualifications to be required of the teachers and 316 the potential strategies used to recruit, hire, train, and 317 retain qualified staff to achieve best value. 318 15. The governance structure of the school, including the 319 status of the charter school as a public or private employer as 320 required in paragraph (12)(i). 321 16. A timetable for implementing the charter which 322 addresses the implementation of each element thereof and the 323 date by which the charter shall be awarded in order to meet this 324 timetable. 325 17. In the case of an existing public school that is being 326 converted to charter status, alternative arrangements for 327 current students who choose not to attend the charter school and 328 for current teachers who choose not to teach in the charter 329 school after conversion in accordance with the existing 330 collective bargaining agreement or district school board rule in 331 the absence of a collective bargaining agreement. However, 332 alternative arrangements mayshallnot be required for current 333 teachers who choose not to teach in a charter lab school, except 334 as authorized by the employment policies of the state university 335 which grants the charter to the lab school. 336 18. Full disclosure of the identity of all relatives 337 employed by the charter school who are related to the charter 338 school owner, president, chairperson of the governing board of 339 directors, superintendent, governing board member, principal, 340 assistant principal, or any other person employed by the charter 341 school who has equivalent decisionmaking authority. For the 342 purpose of this subparagraph, the term “relative” means father, 343 mother, son, daughter, brother, sister, uncle, aunt, first 344 cousin, nephew, niece, husband, wife, father-in-law, mother-in 345 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, 346 stepfather, stepmother, stepson, stepdaughter, stepbrother, 347 stepsister, half brother, or half sister. 348 19. Implementation of the activities authorized under s. 349 1002.331 by the charter school when it satisfies the eligibility 350 requirements for a high-performing charter school. A high 351 performing charter school shall notify its sponsor in writing by 352 March 1 if it intends to increase enrollment or expand grade 353 levels the following school year. The written notice shall 354 specify the amount of the enrollment increase and the grade 355 levels that will be added, as applicable. 356 20. Documentation of adequate financial resources to 357 support the operation of the charter school. Documentation may 358 include bank statements, financial statements, loan documents, 359 and any other business and financial records. 360 Section 2. This act shall take effect July 1, 2015.