Bill Text: FL S1282 | 2013 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Charter Schools
Spectrum: Bipartisan Bill
Status: (Failed) 2013-05-03 - Died in Judiciary, companion bill(s) passed, see CS/CS/HB 7009 (Ch. 2013-250), CS/SB 1108 (Ch. 2013-236) [S1282 Detail]
Download: Florida-2013-S1282-Introduced.html
Bill Title: Charter Schools
Spectrum: Bipartisan Bill
Status: (Failed) 2013-05-03 - Died in Judiciary, companion bill(s) passed, see CS/CS/HB 7009 (Ch. 2013-250), CS/SB 1108 (Ch. 2013-236) [S1282 Detail]
Download: Florida-2013-S1282-Introduced.html
Florida Senate - 2013 SB 1282
By Senator Stargel
15-00440C-13 20131282__
1 A bill to be entitled
2 An act relating to charter schools; amending s.
3 1002.33, F.S.; requiring policies agreed to by the
4 sponsor and charter school to be incorporated into the
5 charter contract; authorizing a charter school
6 operated by a Florida College System institution to
7 serve students in kindergarten through grade 12 if
8 certain criteria are met; prohibiting the governing
9 board or other related entity of a charter school
10 subject to a corrective action plan or financial
11 recovery plan from applying to open an additional
12 charter school; providing disclosure requirements;
13 revising provisions relating to the timely submission
14 of charter school applications; providing requirements
15 relating to the appeal of a denied application
16 submitted by a high-performing charter school;
17 requiring the use of a standard charter contract;
18 reducing the amount of time for negotiation of a
19 charter; revising provisions relating to the issuance
20 of a final order in contract dispute cases; providing
21 a restriction relating to a required certificate of
22 occupancy; authorizing the consolidation of multiple
23 charters into a single charter in certain
24 circumstances; revising the timeline for charter
25 schools to submit waiver of termination requests to
26 the Department of Education; restricting expenditures
27 upon nonrenewal or termination of a charter school;
28 requiring a charter school to maintain specified
29 information on a website; revising provisions relating
30 to determination of a charter school’s student
31 enrollment; revising provisions requiring charter
32 school compliance with statutes relating to education
33 personnel compensation, contracts, and performance
34 evaluations and workforce reductions; providing
35 requirements for the reimbursement of federal funds to
36 charter schools; requiring that certain unused school
37 district facilities be made available to, or shared
38 with, charter schools at no cost until the beginning
39 of the fourth fiscal year the school is open, at which
40 time the charter school shall pay the sponsor a
41 negotiated rent for the facility; restricting capital
42 outlay funding; requiring the use of standard charter
43 and charter renewal contracts and a standard
44 evaluation instrument; providing restrictions on the
45 employment of governing board members; amending s.
46 1002.331, F.S.; clarifying the definition of a high
47 performing charter school; providing requirements for
48 modification of a charter; requiring the Commissioner
49 of Education to annually review a high-performing
50 charter school’s eligibility for high-performing
51 status; authorizing declassification as a high
52 performing charter school; amending s. 1002.332, F.S.;
53 revising requirements for classification as a high
54 performing charter school system; providing for an
55 entity that operates outside this state to obtain
56 high-performing charter school system status;
57 establishing requirements to obtain such status;
58 requiring the State Board of Education to adopt by
59 rule a process for reviewing student demographic and
60 performance data in determining such status; requiring
61 the commissioner to annually review a high-performing
62 charter school system’s eligibility for high
63 performing status; authorizing declassification as a
64 high-performing charter school system; providing an
65 effective date.
66
67 Be It Enacted by the Legislature of the State of Florida:
68
69 Section 1. Paragraph (b) of subsection (5), paragraphs (a),
70 (b), (c), and (h) of subsection (6), paragraphs (a) and (c) of
71 subsection (7), paragraph (n) of subsection (9), paragraphs (b),
72 (h), and (i) of subsection (10), paragraph (b) of subsection
73 (16), paragraph (c) of subsection (17), paragraph (e) of
74 subsection (18), paragraph (a) of subsection (21), and
75 subsection (27) of section 1002.33, Florida Statutes, are
76 amended, and paragraphs (o) and (p) are added to subsection (9)
77 and paragraph (c) is added to subsection (26) of that section,
78 to read:
79 1002.33 Charter schools.—
80 (5) SPONSOR; DUTIES.—
81 (b) Sponsor duties.—
82 1.a. The sponsor shall monitor and review the charter
83 school in its progress toward the goals established in the
84 charter.
85 b. The sponsor shall monitor the revenues and expenditures
86 of the charter school and perform the duties provided in s.
87 1002.345.
88 c. The sponsor may approve a charter for a charter school
89 before the applicant has identified space, equipment, or
90 personnel, if the applicant indicates approval is necessary for
91 it to raise working funds.
92 d. The sponsor may sponsor’s policies shall not apply
93 policies to a charter school unless mutually agreed to by both
94 the sponsor and the charter school. Each policy agreed to by the
95 sponsor and the charter school must be incorporated into the
96 final charter contract. If the sponsor subsequently amends any
97 policy that affects charter schools, the sponsor and the charter
98 school must mutually agree to the newly revised policy and
99 incorporate the agreed-to terms into the contract through the
100 contract amendment process. The sponsor may not hold the charter
101 school responsible for any provision of a newly revised policy
102 until the policy is mutually agreed to and adopted through the
103 amendment process.
104 e. The sponsor shall ensure that the charter is innovative
105 and consistent with the state education goals established by s.
106 1000.03(5).
107 f. The sponsor shall ensure that the charter school
108 participates in the state’s education accountability system. If
109 a charter school falls short of performance measures included in
110 the approved charter, the sponsor shall report such shortcomings
111 to the Department of Education.
112 g. The sponsor is shall not be liable for civil damages
113 under state law for personal injury, property damage, or death
114 resulting from an act or omission of an officer, employee,
115 agent, or governing board body of the charter school.
116 h. The sponsor is shall not be liable for civil damages
117 under state law for any employment actions taken by an officer,
118 employee, agent, or governing board body of the charter school.
119 i. The sponsor’s duties to monitor the charter school shall
120 not constitute the basis for a private cause of action.
121 j. The sponsor may shall not impose additional reporting
122 requirements on a charter school without providing reasonable
123 and specific justification in writing to the charter school.
124 2. Immunity for the sponsor of a charter school under
125 subparagraph 1. applies only with respect to acts or omissions
126 not under the sponsor’s direct authority as described in this
127 section.
128 3. This paragraph does not waive a district school board’s
129 sovereign immunity.
130 4. A Florida College System institution may work with the
131 school district or school districts in its designated service
132 area to develop charter schools that offer secondary education.
133 These charter schools must include an option for students to
134 receive an associate degree upon high school graduation. If a
135 Florida College System institution operates an approved teacher
136 preparation program under s. 1004.04 or s. 1004.85, the
137 institution may operate no more than one charter school that
138 serves students in kindergarten through grade 12. In
139 kindergarten through grade 8, the charter school shall implement
140 innovative blended learning instructional models in which, for a
141 given course, a student learns in part through online delivery
142 of content and instruction with some element of student control
143 over time, place, path, or pace and in part at a supervised
144 physical location away from home. A student in a blended-
145 learning course must be a full-time student of the charter
146 school and receive a portion of the online instruction in a
147 classroom setting at the charter school. District school boards
148 shall cooperate with and assist the Florida College System
149 institution on the charter application. Florida College System
150 institution applications for charter schools are not subject to
151 the time deadlines outlined in subsection (6) and may be
152 approved by the district school board at any time during the
153 year. Florida College System institutions may not report FTE for
154 any students who receive FTE funding through the Florida
155 Education Finance Program.
156 (6) APPLICATION PROCESS AND REVIEW.—Charter school
157 applications are subject to the following requirements:
158 (a) A person or entity that wants wishing to open a charter
159 school shall prepare and submit an application on the a model
160 application form prepared by the Department of Education which:
161 1. Demonstrates how the school will use the guiding
162 principles and meet the statutorily defined purpose of a charter
163 school.
164 2. Provides a detailed curriculum plan that illustrates how
165 students will be provided instruction on services to attain the
166 Next Generation Sunshine State Standards.
167 3. Contains goals and objectives for improving student
168 learning and measuring that improvement. These goals and
169 objectives must indicate how much academic improvement students
170 are expected to show each year, how success will be evaluated,
171 and the specific results to be attained through instruction.
172 4. Describes the reading curriculum and differentiated
173 strategies that will be used for students reading at grade level
174 or higher and a separate curriculum and strategies for students
175 who are reading below grade level. A sponsor shall deny a
176 charter if the school does not propose a reading curriculum that
177 is consistent with effective teaching strategies that are
178 grounded in scientifically based reading research.
179 5. Contains an annual financial plan for each year that the
180 applicant intends to operate requested by the charter for
181 operation of the school for up to 5 years. This plan must
182 contain anticipated fund balances based on revenue projections,
183 a spending plan based on projected revenues and expenses, and a
184 description of controls that will safeguard finances and
185 projected enrollment trends.
186 6. Discloses whether the applicant was a member of a
187 charter school governing board or was a person with
188 decisionmaking authority for a charter school that was subject
189 to corrective action pursuant to subparagraph (9)(n)2., a
190 corrective action plan pursuant to s. 1002.345(1)(c), or a
191 financial recovery plan pursuant to s. 1002.345(2)(a). The
192 applicant must include a detailed explanation of the
193 circumstances requiring a corrective action plan or financial
194 recovery plan and the resolution of the plan. However, a
195 governing board member or other related entity of a charter
196 school under a current corrective action plan or financial
197 recovery plan is not eligible to apply to open an additional
198 charter school. Documents that the applicant has participated in
199 the training required in subparagraph (f)2. A sponsor may
200 require an applicant to provide additional information as an
201 addendum to the charter school application described in this
202 paragraph.
203 7. For the establishment of a virtual charter school,
204 documents that the applicant has contracted with a provider of
205 virtual instruction services pursuant to s. 1002.45(1)(d).
206
207 A sponsor may require an applicant to provide additional
208 information as an addendum to the charter school application
209 described in this paragraph.
210 (b) A sponsor shall receive and review all applications for
211 a charter school using the an evaluation instrument developed by
212 the Department of Education. A sponsor shall receive and
213 consider charter school applications received on or before
214 August 1 of each calendar year for charter schools to be opened
215 at the beginning of the school district’s next school year, or
216 to be opened at a time agreed to by the applicant and the
217 sponsor. A sponsor may not refuse to receive a charter school
218 application submitted before August 1 and may receive an
219 application submitted applications later than August 1 this date
220 if it chooses. In order to facilitate greater collaboration in
221 the application process, an applicant may submit a draft charter
222 school application on or before May 1. If a draft application is
223 timely submitted, the sponsor shall review and provide feedback
224 as to any potential grounds for denial before July 1. The
225 applicant shall then have until August 1 to resubmit a revised
226 and final application. A sponsor may not charge an applicant for
227 a charter any fee for the processing or consideration of an
228 application, and a sponsor may not base its consideration or
229 approval of an application upon the promise of future payment of
230 any kind. Before approving or denying any final application, the
231 sponsor shall allow the applicant, upon receipt of written
232 notification, at least 7 calendar days to make technical or
233 nonsubstantive corrections and clarifications, including, but
234 not limited to, corrections of grammatical, typographical, and
235 like errors or missing signatures, if such errors are identified
236 by the sponsor as cause to deny the application.
237 1. In order to facilitate an accurate budget projection
238 process, a sponsor shall be held harmless for FTE students who
239 are not included in the FTE projection due to approval of
240 charter school applications after the FTE projection deadline.
241 In a further effort to facilitate an accurate budget projection,
242 within 15 calendar days after receipt of a charter school
243 application, a sponsor shall report to the Department of
244 Education the name of the applicant entity, the proposed charter
245 school location, and its projected FTE.
246 2. In order to ensure fiscal responsibility, an application
247 for a charter school shall include a full accounting of expected
248 assets, a projection of expected sources and amounts of income,
249 including income derived from projected student enrollments and
250 from community support, and an expense projection that includes
251 full accounting of the costs of operation, including start-up
252 costs.
253 3.a. A sponsor shall by a majority vote approve or deny an
254 application within no later than 60 calendar days after the
255 application is received, unless the sponsor and the applicant
256 mutually agree in writing to temporarily postpone the vote to a
257 specific date, at which time the sponsor shall by a majority
258 vote approve or deny the application. If the sponsor fails to
259 act on the application, an applicant may appeal to the State
260 Board of Education as provided in paragraph (c). If an
261 application is denied, the sponsor shall, within 10 calendar
262 days after such denial, articulate in writing the specific
263 reasons, based upon good cause, supporting its denial of the
264 charter application and shall provide the letter of denial and
265 supporting documentation to the applicant and to the Department
266 of Education.
267 b. An application submitted by a high-performing charter
268 school identified pursuant to s. 1002.331 may be denied by the
269 sponsor only if the sponsor demonstrates by clear and convincing
270 evidence that:
271 (I) The application does not materially comply with the
272 requirements in paragraph (a);
273 (II) The charter school proposed in the application does
274 not materially comply with the requirements in paragraphs
275 (9)(a)-(f);
276 (III) The proposed charter school’s educational program
277 does not substantially replicate that of the applicant or one of
278 the applicant’s high-performing charter schools;
279 (IV) The applicant has made a material misrepresentation or
280 false statement or concealed an essential or material fact
281 during the application process; or
282 (V) The proposed charter school’s educational program and
283 financial management practices do not materially comply with the
284 requirements of this section.
285
286 Material noncompliance is a failure to follow requirements or a
287 violation of prohibitions applicable to charter school
288 applications, which failure is quantitatively or qualitatively
289 significant either individually or when aggregated with other
290 noncompliance. An applicant is considered to be replicating a
291 high-performing charter school if the proposed school is
292 substantially similar to at least one of the applicant’s high
293 performing charter schools and the organization or individuals
294 involved in the establishment and operation of the proposed
295 school are significantly involved in the operation of replicated
296 schools.
297 c. If the sponsor denies an application submitted by a
298 high-performing charter school, the sponsor must, within 10
299 calendar days after such denial, state in writing the specific
300 reasons, based upon the criteria in sub-subparagraph b.,
301 supporting its denial of the application and must provide the
302 letter of denial and supporting documentation to the applicant
303 and to the Department of Education. The applicant may appeal the
304 sponsor’s denial of the application directly to the State Board
305 of Education pursuant to paragraph (c) and must provide the
306 sponsor with a copy of the appeal sub-subparagraph (c)3.b.
307 4. For budget projection purposes, the sponsor shall report
308 to the Department of Education the approval or denial of a
309 charter application within 10 calendar days after such approval
310 or denial. In the event of approval, the report to the
311 Department of Education shall include the final projected FTE
312 for the approved charter school.
313 5. Upon approval of a charter application, the initial
314 startup shall commence with the beginning of the public school
315 calendar for the district in which the charter is granted unless
316 the sponsor allows a waiver of this subparagraph for good cause.
317 (c)1. An applicant may appeal any denial of that
318 applicant’s application or failure to act on an application to
319 the State Board of Education within no later than 30 calendar
320 days after receipt of the sponsor’s decision or failure to act
321 and shall notify the sponsor of its appeal. Any response of the
322 sponsor shall be submitted to the State Board of Education
323 within 30 calendar days after notification of the appeal. Upon
324 receipt of notification from the State Board of Education that a
325 charter school applicant is filing an appeal, the Commissioner
326 of Education shall convene a meeting of the Charter School
327 Appeal Commission to study and make recommendations to the State
328 Board of Education regarding its pending decision about the
329 appeal. The commission shall forward its recommendation to the
330 state board within no later than 7 calendar days before prior to
331 the date on which the appeal is to be heard. An appeal regarding
332 the denial of an application submitted by a high-performing
333 charter school pursuant to s. 1002.331 shall be conducted by the
334 State Board of Education in accordance with this paragraph,
335 except that the commission shall not convene to make
336 recommendations regarding the appeal. However, the Commissioner
337 of Education shall review the appeal and make a recommendation
338 to the state board.
339 2. The Charter School Appeal Commission or, in the case of
340 an appeal regarding an application submitted by a high
341 performing charter school, the State Board of Education may
342 reject an appeal submission for failure to comply with
343 procedural rules governing the appeals process. The rejection
344 shall describe the submission errors. The appellant shall have
345 15 calendar days after notice of rejection in which to resubmit
346 an appeal that meets the requirements set forth in State Board
347 of Education rule. An appeal submitted subsequent to such
348 rejection is considered timely if the original appeal was filed
349 within 30 calendar days after receipt of notice of the specific
350 reasons for the sponsor’s denial of the charter application.
351 3.a. The State Board of Education shall by majority vote
352 accept or reject the decision of the sponsor within no later
353 than 90 calendar days after an appeal is filed in accordance
354 with State Board of Education rule. The State Board of Education
355 shall remand the application to the sponsor with its written
356 decision that the sponsor approve or deny the application. The
357 sponsor shall implement the decision of the State Board of
358 Education. The decision of the State Board of Education is not
359 subject to the provisions of the Administrative Procedure Act,
360 chapter 120.
361 b. If an appeal concerns an application submitted by a
362 high-performing charter school identified pursuant to s.
363 1002.331, the State Board of Education shall determine whether
364 the sponsor’s denial of the application complies with the
365 requirements in sub-subparagraph (b)3.b. sponsor has shown, by
366 clear and convincing evidence, that:
367 (I) The application does not materially comply with the
368 requirements in paragraph (a);
369 (II) The charter school proposed in the application does
370 not materially comply with the requirements in paragraphs
371 (9)(a)-(f);
372 (III) The proposed charter school’s educational program
373 does not substantially replicate that of the applicant or one of
374 the applicant’s high-performing charter schools;
375 (IV) The applicant has made a material misrepresentation or
376 false statement or concealed an essential or material fact
377 during the application process; or
378 (V) The proposed charter school’s educational program and
379 financial management practices do not materially comply with the
380 requirements of this section.
381
382 The State Board of Education shall approve or reject the
383 sponsor’s denial of an application no later than 90 calendar
384 days after an appeal is filed in accordance with State Board of
385 Education rule. The State Board of Education shall remand the
386 application to the sponsor with its written decision that the
387 sponsor approve or deny the application. The sponsor shall
388 implement the decision of the State Board of Education. The
389 decision of the State Board of Education is not subject to the
390 Administrative Procedure Act, chapter 120.
391 (h) The terms and conditions for the operation of a charter
392 school shall be set forth by the sponsor and the applicant in a
393 written contractual agreement, called a charter. Unless the
394 applicant requests in writing that the sponsor use a nonstandard
395 charter contract, the applicant shall use the standard charter
396 adopted in state board rule pursuant to subsection (27) and the
397 application submitted by the applicant. The sponsor may not
398 omit, supplement, or amend any provision of the standard charter
399 agreement. In addition, the sponsor may not insert or append
400 attachments, addenda, or exhibits to the standard charter
401 contract. The sponsor may shall not impose unreasonable rules or
402 regulations that violate the intent of giving charter schools
403 greater flexibility to meet educational goals. The sponsor shall
404 have 30 60 days after approval of the application to provide an
405 initial proposed charter contract to the charter school. The
406 applicant and the sponsor shall have 40 75 days thereafter to
407 negotiate and notice the charter contract for final approval by
408 the sponsor unless both parties agree to an extension. The
409 proposed charter contract shall be provided to the charter
410 school at least 7 calendar days before prior to the date of the
411 meeting at which the charter is scheduled to be voted upon by
412 the sponsor. The Department of Education shall provide mediation
413 services for any dispute regarding this section subsequent to
414 the approval of a charter application and for any dispute
415 relating to the approved charter, except disputes regarding
416 charter school application denials. If the Commissioner of
417 Education determines that the dispute cannot be settled through
418 mediation, the dispute may be appealed to an administrative law
419 judge appointed by the Division of Administrative Hearings. The
420 administrative law judge has final-order authority to may rule
421 on issues of equitable treatment of the charter school as a
422 public school, whether proposed provisions of the charter
423 violate the intended flexibility granted charter schools by
424 statute, or on any other matter regarding this section except a
425 charter school application denial, a charter termination, or a
426 charter nonrenewal and shall award the prevailing party
427 reasonable attorney attorney’s fees and costs incurred to be
428 paid by the losing party. The costs of the administrative
429 hearing shall be paid by the party whom the administrative law
430 judge rules against.
431 (7) CHARTER.—The major issues involving the operation of a
432 charter school shall be considered in advance and written into
433 the charter. The charter shall be signed by the governing board
434 of the charter school and the sponsor, following a public
435 hearing to ensure community input.
436 (a) The charter shall address and criteria for approval of
437 the charter shall be based on:
438 1. The school’s mission, the students to be served, and the
439 ages and grades to be included.
440 2. The focus of the curriculum, the instructional methods
441 to be used, any distinctive instructional techniques to be
442 employed, and identification and acquisition of appropriate
443 technologies needed to improve educational and administrative
444 performance, which include a means for promoting safe, ethical,
445 and appropriate uses of technology which comply with legal and
446 professional standards.
447 a. The charter shall ensure that reading is a primary focus
448 of the curriculum and that resources are provided to identify
449 and provide specialized instruction for students who are reading
450 below grade level. The curriculum and instructional strategies
451 for reading must be consistent with the Next Generation Sunshine
452 State Standards and grounded in scientifically based reading
453 research.
454 b. In order to provide students with access to diverse
455 instructional delivery models, to facilitate the integration of
456 technology within traditional classroom instruction, and to
457 provide students with the skills they need to compete in the
458 21st century economy, the Legislature encourages instructional
459 methods for blended learning courses in which a student learns
460 in part through online delivery of content and instruction with
461 some element of student control over time, place, path, or pace
462 and in part at a supervised physical location away from home
463 consisting of both traditional classroom and online
464 instructional techniques. Charter schools may implement blended
465 learning courses that which combine traditional classroom
466 instruction and virtual instruction. Students in a blended
467 learning course must be full-time students of the charter school
468 and receive the online instruction in a classroom setting at the
469 charter school. Instructional personnel certified pursuant to s.
470 1012.55 who provide virtual instruction for blended learning
471 courses may be employees of the charter school or may be under
472 contract to provide instructional services to charter school
473 students. At a minimum, such instructional personnel must hold
474 an active state or school district adjunct certification under
475 s. 1012.57 for the subject area of the blended learning course.
476 The funding and performance accountability requirements for
477 blended learning courses are the same as those for traditional
478 courses.
479 3. The current incoming baseline standard of student
480 academic achievement, the outcomes to be achieved, and the
481 method of measurement that will be used. The criteria listed in
482 this subparagraph shall include a detailed description of:
483 a. How the baseline student academic achievement levels and
484 prior rates of academic progress will be established.
485 b. How these baseline rates will be compared to rates of
486 academic progress achieved by these same students while
487 attending the charter school.
488 c. To the extent possible, how these rates of progress will
489 be evaluated and compared with rates of progress of other
490 closely comparable student populations.
491
492 The district school board is required to provide academic
493 student performance data to charter schools for each of their
494 students coming from the district school system, as well as
495 rates of academic progress of comparable student populations in
496 the district school system.
497 4. The methods used to identify the educational strengths
498 and needs of students and how well educational goals and
499 performance standards are met by students attending the charter
500 school. The methods shall provide a means for the charter school
501 to ensure accountability to its constituents by analyzing
502 student performance data and by evaluating the effectiveness and
503 efficiency of its major educational programs. Students in
504 charter schools shall, at a minimum, participate in the
505 statewide assessment program created under s. 1008.22.
506 5. In secondary charter schools, a method for determining
507 that a student has satisfied the requirements for graduation in
508 s. 1003.428, s. 1003.429, or s. 1003.43.
509 6. A method for resolving conflicts between the governing
510 board of the charter school and the sponsor.
511 7. The admissions procedures and dismissal procedures,
512 including the school’s code of student conduct.
513 8. The ways by which the school will achieve a
514 racial/ethnic balance reflective of the community it serves or
515 within the racial/ethnic range of other public schools in the
516 same school district.
517 9. The financial and administrative management of the
518 school, including a reasonable demonstration of the professional
519 experience or competence of those individuals or organizations
520 applying to operate the charter school or those hired or
521 retained to perform such professional services and the
522 description of clearly delineated responsibilities and the
523 policies and practices needed to effectively manage the charter
524 school. A description of internal audit procedures and
525 establishment of controls to ensure that financial resources are
526 properly managed must be included. Both public sector and
527 private sector professional experience shall be equally valid in
528 such a consideration.
529 10. The asset and liability projections required in the
530 application which are incorporated into the charter and shall be
531 compared with information provided in the annual report of the
532 charter school.
533 11. A description of procedures that identify various risks
534 and provide for a comprehensive approach to reduce the impact of
535 losses; plans to ensure the safety and security of students and
536 staff; plans to identify, minimize, and protect others from
537 violent or disruptive student behavior; and the manner in which
538 the school will be insured, including whether or not the school
539 will be required to have liability insurance, and, if so, the
540 terms and conditions thereof and the amounts of coverage.
541 12. The term of the charter, which shall provide for
542 termination cancellation of the charter if insufficient progress
543 has been made in attaining the student achievement objectives of
544 the charter and if it is not likely that such objectives can be
545 achieved before expiration of the charter. The initial term of a
546 charter shall be for 4 or 5 years. In order to facilitate access
547 to long-term financial resources for charter school
548 construction, Charter schools that are operated by a
549 municipality or other public entity as provided by law are
550 eligible for up to a 15-year charter, subject to approval by the
551 district school board. A charter lab school is eligible for a
552 charter for a term of up to 15 years. In addition, to facilitate
553 access to long-term financial resources for charter school
554 construction, charter schools that are operated by a private,
555 not-for-profit, s. 501(c)(3) status corporation are eligible for
556 up to a 15-year charter, subject to approval by the district
557 school board. Such long-term charters remain subject to annual
558 review and may be terminated during the term of the charter, but
559 only according to the provisions set forth in subsection (8).
560 13. The facilities to be used and their location. The
561 sponsor may not require a charter school to have a certificate
562 of occupancy for such a facility earlier than 15 calendar days
563 before the first day of school.
564 14. The qualifications to be required of the teachers and
565 the potential strategies used to recruit, hire, train, and
566 retain qualified staff to achieve best value.
567 15. The governance structure of the school, including the
568 status of the charter school as a public or private employer as
569 required in paragraph (12)(i).
570 16. A timetable for implementing the charter which
571 addresses the implementation of each element thereof and the
572 date by which the charter shall be awarded in order to meet this
573 timetable.
574 17. In the case of an existing public school that is being
575 converted to charter status, alternative arrangements for
576 current students who choose not to attend the charter school and
577 for current teachers who choose not to teach in the charter
578 school after conversion in accordance with the existing
579 collective bargaining agreement or district school board rule in
580 the absence of a collective bargaining agreement. However,
581 alternative arrangements shall not be required for current
582 teachers who choose not to teach in a charter lab school, except
583 as authorized by the employment policies of the state university
584 which grants the charter to the lab school.
585 18. Full disclosure of the identity of all relatives
586 employed by the charter school who are related to the charter
587 school owner, president, chairperson of the governing board of
588 directors, superintendent, governing board member, principal,
589 assistant principal, or any other person employed by the charter
590 school who has equivalent decisionmaking authority. For the
591 purpose of this subparagraph, the term “relative” means father,
592 mother, son, daughter, brother, sister, uncle, aunt, first
593 cousin, nephew, niece, husband, wife, father-in-law, mother-in
594 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
595 stepfather, stepmother, stepson, stepdaughter, stepbrother,
596 stepsister, half brother, or half sister.
597 19. Implementation of the activities authorized under s.
598 1002.331 by the charter school when it satisfies the eligibility
599 requirements for a high-performing charter school. A high
600 performing charter school shall notify its sponsor in writing by
601 March 1 if it intends to increase enrollment or expand grade
602 levels the following school year. The written notice shall
603 specify the amount of the enrollment increase and the grade
604 levels that will be added, as applicable.
605 (c) A charter may be modified during its initial term or
606 any renewal term upon the recommendation of the sponsor or the
607 charter school’s governing board and the approval of both
608 parties to the agreement. Modification may include, but is not
609 limited to, consolidation of multiple charters into a single
610 charter if the charters are operated under the same governing
611 board and physically located on the same campus, regardless of
612 the renewal cycle.
613 (9) CHARTER SCHOOL REQUIREMENTS.—
614 (n)1. The director and a representative of the governing
615 board of a charter school that has earned a grade of “D” or “F”
616 pursuant to s. 1008.34(2) shall appear before the sponsor to
617 present information concerning each contract component having
618 noted deficiencies. The director and a representative of the
619 governing board shall submit to the sponsor for approval a
620 school improvement plan to raise student achievement. Upon
621 approval by the sponsor, the charter school shall begin
622 implementation of the school improvement plan. The department
623 shall offer technical assistance and training to the charter
624 school and its governing board and establish guidelines for
625 developing, submitting, and approving such plans.
626 2.a. If a charter school earns three consecutive grades of
627 “D,” two consecutive grades of “D” followed by a grade of “F,”
628 or two nonconsecutive grades of “F” within a 3-year period, the
629 charter school governing board shall choose one of the following
630 corrective actions:
631 (I) Contract for educational services to be provided
632 directly to students, instructional personnel, and school
633 administrators, as prescribed in state board rule;
634 (II) Contract with an outside entity that has a
635 demonstrated record of effectiveness to operate the school;
636 (III) Reorganize the school under a new director or
637 principal who is authorized to hire new staff; or
638 (IV) Voluntarily close the charter school.
639 b. The charter school must implement the corrective action
640 in the school year following receipt of a third consecutive
641 grade of “D,” a grade of “F” following two consecutive grades of
642 “D,” or a second nonconsecutive grade of “F” within a 3-year
643 period.
644 c. The sponsor may annually waive a corrective action if it
645 determines that the charter school is likely to improve a letter
646 grade if additional time is provided to implement the
647 intervention and support strategies prescribed by the school
648 improvement plan. Notwithstanding this sub-subparagraph, a
649 charter school that earns a second consecutive grade of “F” is
650 subject to subparagraph 4.
651 d. A charter school is no longer required to implement a
652 corrective action if it improves by at least one letter grade.
653 However, the charter school must continue to implement
654 strategies identified in the school improvement plan. The
655 sponsor must annually review implementation of the school
656 improvement plan to monitor the school’s continued improvement
657 pursuant to subparagraph 5.
658 e. A charter school implementing a corrective action that
659 does not improve by at least one letter grade after 2 full
660 school years of implementing the corrective action must select a
661 different corrective action. Implementation of the new
662 corrective action must begin in the school year following the
663 implementation period of the existing corrective action, unless
664 the sponsor determines that the charter school is likely to
665 improve a letter grade if additional time is provided to
666 implement the existing corrective action. Notwithstanding this
667 sub-subparagraph, a charter school that earns a second
668 consecutive grade of “F” while implementing a corrective action
669 is subject to subparagraph 4.
670 3. A charter school with a grade of “D” or “F” that
671 improves by at least one letter grade must continue to implement
672 the strategies identified in the school improvement plan. The
673 sponsor must annually review implementation of the school
674 improvement plan to monitor the school’s continued improvement
675 pursuant to subparagraph 5.
676 4. The sponsor shall terminate a charter if the charter
677 school earns two consecutive grades of “F” unless:
678 a. The charter school is established to turn around the
679 performance of a district public school pursuant to s.
680 1008.33(4)(b)3. Such charter schools shall be governed by s.
681 1008.33;
682 b. The charter school serves a student population the
683 majority of which resides in a school zone served by a district
684 public school that earned a grade of “F” in the year before the
685 charter school opened and the charter school earns at least a
686 grade of “D” in its third year of operation. The exception
687 provided under this sub-subparagraph does not apply to a charter
688 school in its fourth year of operation and thereafter; or
689 c. The state board grants the charter school a waiver of
690 termination. The charter school must request the waiver within
691 15 30 days after the department’s official release completion of
692 school grades grade appeals. The state board may waive
693 termination if the charter school demonstrates that the learning
694 gains of its students on statewide assessments are comparable to
695 or better than the learning gains of similarly situated students
696 enrolled in nearby district public schools. The waiver is valid
697 for 1 year and may only be granted once. Charter schools that
698 have been in operation for more than 5 years are not eligible
699 for a waiver under this sub-subparagraph.
700 5. The director and a representative of the governing board
701 of a graded charter school that has implemented a school
702 improvement plan under this paragraph shall appear before the
703 sponsor at least once a year to present information regarding
704 the progress of intervention and support strategies implemented
705 by the school pursuant to the school improvement plan and
706 corrective actions, if applicable. The sponsor shall communicate
707 at the meeting, and in writing to the director, the services
708 provided to the school to help the school address its
709 deficiencies.
710 6. Notwithstanding any provision of this paragraph except
711 sub-subparagraphs 4.a.-c., the sponsor may terminate the charter
712 at any time pursuant to subsection (8).
713 (o) Upon notification of nonrenewal or termination of its
714 charter, a charter school may not expend more than $10,000
715 without prior written approval from the sponsor, unless such
716 expenditure was included within the annual budget submitted to
717 the sponsor pursuant to the charter contract or such expenditure
718 is for reasonable attorney fees and costs during the pendency of
719 any appeal.
720 (p) Each charter school shall maintain a website that
721 enables the public to obtain information regarding the school,
722 its personnel, and its programs. The website shall include
723 information or online links to information regarding any entity
724 that owns, operates, or manages the school, including any
725 nonprofit or for-profit entity; the names of all governing
726 officers and administrative personnel of the entity; and any
727 fees the school pays to the entity. The information or online
728 links must be prominently displayed and easily accessible to
729 visitors of the website.
730 (10) ELIGIBLE STUDENTS.—
731 (b) The charter school shall enroll an eligible student who
732 submits a timely application, unless the number of applications
733 exceeds the capacity of a program, class, grade level, or
734 building. In such case, all applicants shall have an equal
735 chance of being admitted through a random selection process
736 observed by the sponsor or a third party mutually agreed to by
737 the charter school and sponsor.
738 (h) The capacity of the charter school shall be determined
739 annually by the governing board, in conjunction with the
740 sponsor, of the charter school in consideration of the factors
741 identified in this subsection unless the charter school is
742 designated as a high-performing charter school pursuant to s.
743 1002.331. A sponsor may not require a charter school to waive
744 the provisions of s. 1002.331 or require a student enrollment
745 cap that prohibits a high-performing charter school from
746 increasing enrollment in accordance with s. 1002.331(2) as a
747 condition of approval or renewal of a charter.
748 (i) The capacity of a high-performing charter school
749 identified pursuant to s. 1002.331 shall be determined annually
750 by the governing board of the charter school. The governing
751 board shall notify the sponsor of any increase in enrollment by
752 March 1 of the school year preceding the increase. A sponsor may
753 not require a charter school to identify the names of students
754 to be enrolled or to enroll those students before the start of
755 the school year as a condition of approval or renewal of a
756 charter. A sponsor may not require a high-performing charter
757 school to waive its rights to determine its own student
758 enrollment capacity.
759 (16) EXEMPTION FROM STATUTES.—
760 (b) Additionally, a charter school shall be in compliance
761 with the following statutes:
762 1. Section 286.011, relating to public meetings and
763 records, public inspection, and criminal and civil penalties.
764 2. Chapter 119, relating to public records.
765 3. Section 1003.03, relating to the maximum class size,
766 except that the calculation for compliance pursuant to s.
767 1003.03 shall be the average at the school level.
768 4. Section 1012.22(1)(c)5.b. 1012.22(1)(c), relating to the
769 implementation of a compensation system that requires annual
770 salary adjustments for instructional personnel to be based upon
771 performance and salary schedules.
772 5. Section 1012.33(5), relating to workforce reductions, if
773 the charter school awards contracts to instructional personnel
774 and the term of a contract exceeds 1 year.
775 6. Section 1012.335, relating to contracts with
776 instructional personnel hired on or after July 1, 2011, if the
777 charter school awards contracts to instructional personnel and
778 the term of a contract exceeds 1 year.
779 7. Section 1012.34(2), (3), and (7) 1012.34, relating to
780 the substantive requirements for performance evaluations for
781 instructional personnel and school administrators. For purposes
782 of compliance with this subparagraph, the duties assigned to a
783 district school superintendent apply to a charter school
784 principal or his or her equivalent, and the duties assigned to a
785 district school board apply to a charter school’s governing
786 board.
787 (17) FUNDING.—Students enrolled in a charter school,
788 regardless of the sponsorship, shall be funded as if they are in
789 a basic program or a special program, the same as students
790 enrolled in other public schools in the school district. Funding
791 for a charter lab school shall be as provided in s. 1002.32.
792 (c) If the district school board is providing programs or
793 services to students funded by federal funds, any eligible
794 students enrolled in charter schools in the school district
795 shall be provided federal funds for the same level of service
796 provided students in the schools operated by the district school
797 board. Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all
798 charter schools shall receive all federal funding for which the
799 school is otherwise eligible, including Title I funding, not
800 later than 5 months after the charter school first opens and
801 within 5 months after any subsequent expansion of enrollment.
802 Unless otherwise mutually agreed to by the charter school and
803 its sponsor, and consistent with state and federal rules and
804 regulations governing the use and disbursement of federal funds,
805 the sponsor shall reimburse the charter school on a monthly
806 basis for all invoices submitted by the charter school for
807 federal funds available to the sponsor for the benefit of the
808 charter school, the charter school’s students, and the charter
809 school’s students as public school students in the school
810 district. Such federal funds include, but are not limited to,
811 Title I, Title II, and Individuals with Disabilities Education
812 Act (IDEA) funds. To receive timely reimbursement for an
813 invoice, the charter school must submit the invoice to the
814 sponsor at least 30 days before the monthly date of
815 reimbursement set by the sponsor. In order to be reimbursed, any
816 expenditure made by the charter school must comply with all
817 applicable state and federal rules and regulations, including,
818 but not limited to, the applicable federal Office of Management
819 and Budget Circulars, the federal Education Department General
820 Administrative Regulations, and program-specific statutes,
821 rules, and regulations. Such funds may not be made available to
822 the charter school until a plan is submitted to the sponsor for
823 approval of the use of the funds in accordance with applicable
824 federal requirements. The sponsor has 30 days to review and
825 approve any plan submitted pursuant to this paragraph.
826 (18) FACILITIES.—
827 (e) If a district school board-owned board facility that
828 previously has been used for K-12 educational purposes or
829 property is available because it is surplus, marked for
830 disposal, or otherwise unused, it shall be made available
831 provided for a charter school’s use at no cost until the
832 beginning of the fourth fiscal year the school is open, at which
833 time the charter school shall pay the sponsor a negotiated rent
834 for the facility, which may not exceed fair market value on the
835 same basis as it is made available to other public schools in
836 the district. If the facility was used as a K-12 public school
837 in the previous school year, as a condition of using such a
838 facility, the charter school shall agree to target students who
839 had been assigned to that public school the previous school year
840 and to enroll a sufficient number of students to ensure that the
841 facility will be used at a greater capacity than it had been
842 used in the previous school year. A district school board-owned
843 facility that is being used at less than 50 percent of its
844 Florida Inventory of School Houses (FISH) student capacity shall
845 be shared with the charter school at no cost until the beginning
846 of the fourth fiscal year the charter school is open, at which
847 time the charter school shall pay the sponsor a negotiated rent
848 for the facility which may not exceed fair market value. The
849 district school board may give priority for the use of such
850 facility to charter schools and charter school operators with a
851 proven record of academic success. A charter school using such a
852 facility receiving property from the school district may not
853 sell, sublease, or dispose of such facility property without
854 written permission of the school district. The charter school
855 may not earn capital outlay funds; however, the school district
856 shall include the charter school’s capital outlay full-time
857 equivalent (COFTE) student count in the district’s capital
858 outlay calculations. The sponsor shall maintain the facility at
859 the same standard and level it would maintain any other
860 district-operated school similar in age and condition.
861 Maintenance does not include capital improvements. Similarly,
862 for an existing public school converting to charter status, no
863 rental or leasing fee for the existing facility or for the
864 property normally inventoried to the conversion school may be
865 charged by the district school board to the parents and teachers
866 organizing the charter school. The charter school shall agree to
867 reasonable maintenance provisions in order to maintain the
868 facility in a manner similar to district school board standards.
869 The Public Education Capital Outlay maintenance funds or any
870 other maintenance funds generated by the facility operated as a
871 conversion school shall remain with the conversion school.
872 (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.—
873 (a) The Department of Education shall provide information
874 to the public, directly and through sponsors, on how to form and
875 operate a charter school and how to enroll in a charter school
876 once it is created. This information shall include a model
877 standard application form format, standard charter contract
878 format, standard evaluation instrument, and standard charter
879 renewal contract format, which shall include the information
880 specified in subsection (7) and shall be developed by consulting
881 and negotiating with both school districts and charter schools
882 before implementation. The charter and charter renewal contracts
883 formats shall be used by charter school sponsors.
884 (26) STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.—
885 (c) An employee of the charter school, or his or her
886 spouse, or an employee of a charter management organization, or
887 his or her spouse, may not be a member of a governing board of a
888 charter school.
889 (27) RULEMAKING.—The Department of Education, after
890 consultation with school districts and charter school directors,
891 shall recommend that the State Board of Education adopt rules to
892 implement specific subsections of this section. Such rules shall
893 require minimum paperwork and shall not limit charter school
894 flexibility authorized by statute. The State Board of Education
895 shall adopt rules, pursuant to ss. 120.536(1) and 120.54, to
896 implement a charter model application form, standard evaluation
897 instrument, and standard charter and charter renewal contracts
898 formats in accordance with this section.
899 Section 2. Paragraph (d) is added to subsection (1) of
900 section 1002.331, Florida Statutes, and subsections (2), (4),
901 and (5) of that section are amended, to read:
902 1002.331 High-performing charter schools.—
903 (1) A charter school is a high-performing charter school if
904 it:
905 (d) Is established primarily to serve students in the
906 attendance zone of a school in need of intervention and support
907 services pursuant to s. 1008.33(3)(b) if it is operated by an
908 entity deemed to be a high-performing charter school system by
909 the State Board of Education pursuant to s. 1002.332(1)(c).
910
911 A virtual charter school established under s. 1002.33 is not
912 eligible for designation as a high-performing charter school.
913 (2) A high-performing charter school is authorized to:
914 (a) Increase its student enrollment once per school year by
915 up to 15 percent more than the capacity identified in the
916 charter.
917 (a)(b) Expand grade levels within kindergarten through
918 grade 12 to add grade levels not already served if any annual
919 enrollment increase resulting from grade level expansion is
920 within the limit established in paragraph (a).
921 (b)(c) Submit a quarterly, rather than a monthly, financial
922 statement to the sponsor pursuant to s. 1002.33(9)(g).
923 (c)(d) Consolidate under a single charter the charters of
924 multiple high-performing charter schools operated in the same
925 school district by the charter schools’ governing board
926 regardless of the renewal cycle.
927 (d)(e) Receive a modification of its charter to a term of
928 15 years or a 15-year charter renewal. The charter may be
929 modified or renewed for a shorter term at the option of the
930 high-performing charter school. The charter must be consistent
931 with s. 1002.33(7)(a)19. and (10)(h) and (i), is subject to
932 annual review by the sponsor, and may be terminated during its
933 term pursuant to s. 1002.33(8).
934
935 A high-performing charter school shall notify its sponsor in
936 writing by March 1 if it intends to increase enrollment or
937 expand grade levels the following school year. The written
938 notice shall specify the amount of the enrollment increase and
939 the grade levels that will be added, as applicable. If a high
940 performing charter school requests to consolidate multiple
941 charters or to modify its charter pursuant to this subsection,
942 the sponsor shall have 40 days after receipt of that request to
943 provide an initial draft charter to the charter school. The
944 sponsor and charter school shall have 50 days thereafter to
945 negotiate and notice the charter contract for final approval by
946 the sponsor.
947 (4) A high-performing charter school may not increase
948 enrollment or expand grade levels following any school year in
949 which it receives a school grade of “C” or below. If the charter
950 school receives a school grade of “C” or below in any 2 years
951 during the term of the charter awarded under subsection (2), the
952 term of the charter may be modified by the sponsor and the
953 charter school loses its high-performing charter school status
954 until it regains that status under subsection (1).
955 (5) The Commissioner of Education, upon request by a
956 charter school, shall verify that the charter school meets the
957 criteria in subsection (1) and provide a letter to the charter
958 school and the sponsor stating that the charter school is a
959 high-performing charter school pursuant to this section. The
960 commissioner shall annually determine whether a high-performing
961 charter school continues to meet the criteria in subsection (1).
962 A high-performing charter school shall maintain its high
963 performing status unless the commissioner determines that the
964 charter school no longer meets the criteria in subsection (1),
965 at which time the commissioner shall send a letter providing
966 notification of its declassification as a high-performing
967 charter school.
968 Section 3. Paragraph (b) of subsection (1) and paragraph
969 (a) of subsection (2) of section 1002.332, Florida Statutes, are
970 amended, and paragraph (c) is added to subsection (1) of that
971 section, to read:
972 1002.332 High-performing charter school system.—
973 (1) For purposes of this section, the term:
974 (b) “High-performing charter school system” means an entity
975 that:
976 1. Operated Operates at least three high-performing charter
977 schools in the state during each of the previous 3 school years;
978 2. Operated Operates a system of charter schools in which
979 at least 50 percent of the charter schools were are high
980 performing charter schools pursuant to s. 1002.331 and no
981 charter school earned a school grade of “D” or “F” pursuant to
982 s. 1008.34 in any of the previous 3 school years, except that:
983 a. If the entity has assumed operation of a public school
984 pursuant to s. 1008.33(4)(b)3. with a school grade of “F,” that
985 school’s grade may not be considered in determining high
986 performing charter school system status for a period of 3 years.
987 b. If the entity established establishes a new charter
988 school that served serves a student population the majority of
989 which resided resides in a school zone served by a public school
990 that earned a grade of “F” or three consecutive grades of “D”
991 pursuant to s. 1008.34, that charter school’s grade may not be
992 considered in determining high-performing charter school system
993 status if it attained attains and maintained maintains a school
994 grade that was is higher than that of the public school serving
995 that school zone within 3 years after establishment; and
996 3. Did Has not receive received a financial audit that
997 revealed one or more of the financial emergency conditions set
998 forth in s. 218.503(1) for any charter school assumed or
999 established by the entity in the most recent 3 fiscal years for
1000 which such audits are available.
1001 (c) An entity that successfully operates a system of
1002 charter schools outside the state may apply to the State Board
1003 of Education for status as a high-performing charter school
1004 system solely for the purpose of establishing a charter school
1005 that primarily serves students in the attendance zone of a
1006 school identified in need of intervention and support services
1007 pursuant to s. 1008.33(3)(b). The State Board of Education shall
1008 adopt by rule a process for determining whether the entity meets
1009 the requirements of this paragraph by reviewing student
1010 demographic and performance data from each school that is
1011 operated by the entity.
1012 (2)(a) The Commissioner of Education, upon request by an
1013 entity, shall verify all charter schools served by the entity
1014 and verify that the entity meets the criteria in subsection (1)
1015 for the previous prior school year and provide a letter to the
1016 entity stating that it is a high-performing charter school
1017 system. The commissioner shall annually determine whether a
1018 high-performing charter school system continues to meet the
1019 criteria in subsection (1). A high-performing charter school
1020 system shall maintain its high-performing status unless the
1021 commissioner determines that the charter school system no longer
1022 meets the criteria in subsection (1), at which time the
1023 commissioner shall send a letter providing notification of its
1024 declassification as a high-performing charter school system.
1025 Section 4. This act shall take effect July 1, 2013.
