Bill Text: FL S1396 | 2013 | Regular Session | Introduced


Bill Title: Charter Schools

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-05-03 - Died in Education, companion bill(s) passed, see CS/CS/HB 7009 (Ch. 2013-250) [S1396 Detail]

Download: Florida-2013-S1396-Introduced.html
       Florida Senate - 2013                                    SB 1396
       
       
       
       By Senator Bean
       
       
       
       
       4-00813A-13                                           20131396__
    1                        A bill to be entitled                      
    2         An act relating to charter schools; amending s.
    3         1002.33, F.S.; authorizing the Commissioner of
    4         Education, with the approval of the State Board of
    5         Education, to authorize a school district to apply to
    6         establish a charter school under certain
    7         circumstances; revising the duties of a sponsor and
    8         the charter school to require them to use uniform
    9         model contracts developed by the Department of
   10         Education; providing that a sponsor is not liable for
   11         civil damages under state law for personal injury,
   12         property damage, or death resulting from an act or
   13         omission of the governing board, rather than the
   14         governing body, of the charter school; conforming
   15         terminology; revising the requirements for a charter
   16         school application; revising provisions relating to
   17         the timely submission of charter school applications;
   18         requiring a sponsor to annually report certain
   19         statistics regarding charter school applications;
   20         providing that an administrative law judge has final
   21         order authority to rule on certain issues regarding a
   22         charter school; authorizing a charter school to
   23         provide virtual instruction without approval from the
   24         school district; providing a restriction relating to a
   25         required certificate of occupancy; conforming
   26         terminology; establishing student academic achievement
   27         as a priority in determining charter renewals and
   28         terminations; conforming terminology; revising the
   29         timeline for charter schools to submit waiver of
   30         termination requests to the Department of Education;
   31         providing that the random selection process for
   32         admission to a charter school is public; requiring new
   33         members of a governing board of a charter school to
   34         attend the Florida Charter School Conference;
   35         exempting members of a governing board of a high
   36         performing charter school from attending the
   37         conference; revising provisions relating to
   38         determination of a charter school’s student
   39         enrollment; conforming terminology; providing
   40         restrictions on the membership of a governing board;
   41         prohibiting a charter school from entering into a
   42         contract with a charter school employee under certain
   43         circumstances; revising provisions requiring charter
   44         school compliance with statutes relating to education
   45         personnel compensation, contracts, and performance
   46         evaluations and workforce reductions; conforming
   47         terminology; requiring that federal education funding
   48         be paid directly to a charter school; requiring a
   49         sponsor to provide information services to charter
   50         schools, including electronic information systems
   51         containing data that a charter school is required to
   52         report to the school district; providing that only the
   53         State Board of Education may adopt rules regarding
   54         charter schools; prohibiting school districts from
   55         adopting rules or adding provisions into a charter
   56         contract; amending s. 1002.331, F.S.; providing that a
   57         virtual charter school is eligible for designation as
   58         a high-performing charter school; revising the
   59         activities that a high-performing charter school may
   60         undertake; providing requirements for modification of
   61         the charter of a high-performing charter school;
   62         providing for withdrawal of a charter school’s
   63         designation as a high-performing charter school;
   64         amending s. 1002.332, F.S.; requiring the commissioner
   65         to annually review a high-performing charter school
   66         system’s eligibility for high-performing status;
   67         providing for withdrawal of a charter school system’s
   68         designation as a high-performing charter school
   69         system; amending s. 1013.62, F.S.; requiring the
   70         Legislature to annually fund charter schools’
   71         allocations from the Florida Education Finance
   72         Program; providing an effective date.
   73  
   74  Be It Enacted by the Legislature of the State of Florida:
   75  
   76         Section 1. Paragraph (b) of subsection (5), paragraphs (a),
   77  (b), and (h) of subsection (6), paragraph (a) of subsection (7),
   78  paragraphs (a) and (f) of subsection (8), paragraphs (i), (j),
   79  (k), and (n) of subsection (9), paragraphs (b), (h), and (i) of
   80  subsection (10), paragraph (h) of subsection (12), paragraph (b)
   81  of subsection (16), paragraph (c) of subsection (17), paragraphs
   82  (a) and (c) of subsection (20), paragraph (a) of subsection
   83  (24), and subsection (27) of section 1002.33, Florida Statutes,
   84  are amended, paragraph (c) is added to subsection (3), paragraph
   85  (o) is added to subsection (9), and paragraphs (j) and (k) are
   86  added to subsection (12), of that section, to read:
   87         1002.33 Charter schools.—
   88         (3) APPLICATION FOR CHARTER STATUS.—
   89         (c) Under extraordinary circumstances as specified in
   90  department rule, the Commissioner of Education may, with the
   91  approval of the State Board of Education, authorize a school
   92  district to apply to establish a charter school if the proposed
   93  charter school will be located in a geographic area that:
   94         1. Has more than one school district; and
   95         2. Serves an educationally disadvantaged community.
   96         (5) SPONSOR; DUTIES.—
   97         (b) Sponsor duties.—
   98         1.a. The sponsor shall monitor and review the charter
   99  school in its progress toward the goals established in the
  100  charter.
  101         b. The sponsor shall monitor the revenues and expenditures
  102  of the charter school and perform the duties provided in s.
  103  1002.345.
  104         c. The sponsor may approve a charter for a charter school
  105  before the applicant has identified space, equipment, or
  106  personnel, if the applicant indicates approval is necessary for
  107  it to raise working funds.
  108         d. The sponsor’s policies do shall not apply to a charter
  109  school unless mutually agreed to by both the sponsor and the
  110  charter school.
  111         e. The sponsor shall ensure that the charter is innovative
  112  and consistent with the state education goals established by s.
  113  1000.03(5).
  114         f. The sponsor shall ensure that the charter school
  115  participates in the state’s education accountability system. If
  116  a charter school falls short of performance measures included in
  117  the approved charter, the sponsor shall report such shortcomings
  118  to the Department of Education.
  119         g. The sponsor is not shall not be liable for civil damages
  120  under state law for personal injury, property damage, or death
  121  resulting from an act or omission of an officer, employee,
  122  agent, or governing board body of the charter school.
  123         h. The sponsor is not shall not be liable for civil damages
  124  under state law for any employment actions taken by an officer,
  125  employee, agent, or governing board body of the charter school.
  126         i. The sponsor’s duties to monitor the charter school may
  127  shall not constitute the basis for a private cause of action.
  128         j. The sponsor may shall not impose additional reporting
  129  requirements on a charter school without providing reasonable
  130  and specific justification in writing to the charter school.
  131         2. Immunity for the sponsor of a charter school under
  132  subparagraph 1. applies only with respect to acts or omissions
  133  not under the sponsor’s direct authority as described in this
  134  section.
  135         3. This paragraph does not waive a district school board’s
  136  sovereign immunity.
  137         4. A Florida College System institution may work with the
  138  school district or school districts in its designated service
  139  area to develop charter schools that offer secondary education.
  140  These charter schools must include an option for students to
  141  receive an associate degree upon high school graduation.
  142  District school boards shall cooperate with and assist the
  143  Florida College System institution on the charter application.
  144  Florida College System institution applications for charter
  145  schools are not subject to the time deadlines outlined in
  146  subsection (6) and may be approved by the district school board
  147  at any time during the year. Florida College System institutions
  148  may not report FTE for any students who receive FTE funding
  149  through the Florida Education Finance Program.
  150         (6) APPLICATION PROCESS AND REVIEW.—Charter school
  151  applications are subject to the following requirements:
  152         (a) A person or entity that wants wishing to open a charter
  153  school must:
  154         1. Provide one of the following:
  155         a. A surety bond or letter of credit equivalent to 1 month
  156  of the new charter school’s projected budget;
  157         b. Proof of accreditation by the Commission on Schools of
  158  the Southern Association of Colleges and Schools;
  159         c. Proof that an educational program at the new charter
  160  school will substantially replicate the educational program at
  161  an existing high-performing charter school as provided in s.
  162  1002.331, notwithstanding that the grades served by the new
  163  charter school may be different from those of the existing high
  164  performing charter school it seeks to replicate; or
  165         d. Proof that the new charter school will be part of an
  166  existing high-performing charter school system as defined in s.
  167  1002.332; and
  168         2.shall Prepare and submit an application on the a model
  169  application form prepared by the Department of Education which:
  170         a.1. Demonstrates how the school will use the guiding
  171  principles and meet the statutorily defined purpose of a charter
  172  school.
  173         b.2. Provides a detailed curriculum plan that illustrates
  174  how students will be provided services to attain the Sunshine
  175  State Standards.
  176         c.3. Contains goals and objectives for improving student
  177  learning and measuring that improvement. These goals and
  178  objectives must indicate how much academic improvement students
  179  are expected to show each year, how success will be evaluated,
  180  and the specific results to be attained through instruction.
  181         d.4. Describes the reading curriculum and differentiated
  182  strategies that will be used for students reading at grade level
  183  or higher and a separate curriculum and strategies for students
  184  who are reading below grade level. A sponsor shall deny a
  185  charter if the school does not propose a reading curriculum that
  186  is consistent with effective teaching strategies that are
  187  grounded in scientifically based reading research.
  188         e.5. Contains an annual financial plan for each year
  189  requested by the charter for operation of the school for up to 5
  190  years. This plan must contain anticipated fund balances based on
  191  revenue projections, a spending plan based on projected revenues
  192  and expenses, and a description of controls that will safeguard
  193  finances and projected enrollment trends.
  194         f.6. Documents that the applicant has participated in the
  195  training required in subparagraph (f)2. A sponsor may require an
  196  applicant to provide additional information as an addendum to
  197  the charter school application described in this paragraph.
  198         g.7. For the establishment of a virtual charter school,
  199  documents that the applicant has contracted with a provider of
  200  virtual instruction services pursuant to s. 1002.45(1)(d).
  201         (b) A sponsor shall receive and review all applications for
  202  a charter school using the an evaluation instrument developed by
  203  the Department of Education. A sponsor shall receive and
  204  consider charter school applications received on or before
  205  August 1 of each calendar year for charter schools to be opened
  206  at the beginning of the school district’s next school year, or
  207  to be opened at a time agreed to by the applicant and the
  208  sponsor. A sponsor may not refuse to receive a charter school
  209  application submitted before August 1 and may receive an
  210  application submitted applications later than August 1 this date
  211  if it chooses. In order to facilitate greater collaboration in
  212  the application process, an applicant may submit a draft charter
  213  school application on or before May 1. If a draft application is
  214  timely submitted, the sponsor shall review and provide feedback
  215  as to potential grounds for denial within 60 days after receipt
  216  of the draft application. The applicant has until August 1 to
  217  resubmit a revised and final application. A sponsor may not
  218  charge an applicant for a charter any fee for the processing or
  219  consideration of an application, and a sponsor may not base its
  220  consideration or approval of an application upon the promise of
  221  future payment of any kind. Before approving or denying a any
  222  final application, the sponsor shall allow the applicant, upon
  223  receipt of written notification, at least 7 calendar days to
  224  make technical or nonsubstantive corrections and clarifications,
  225  including, but not limited to, corrections of grammatical,
  226  typographical, and like errors or missing signatures, if such
  227  errors are identified by the sponsor as cause to deny the
  228  application. A sponsor shall annually and publicly report for
  229  the previous year the number of charter school applications it
  230  received, the number of applications it approved, the number of
  231  charter contracts it entered into, and the number of charter
  232  schools actually opened.
  233         1. In order to facilitate an accurate budget projection
  234  process, a sponsor is shall be held harmless for FTE students
  235  who are not included in the FTE projection due to approval of
  236  charter school applications after the FTE projection deadline.
  237  In a further effort to facilitate an accurate budget projection,
  238  within 15 calendar days after receipt of a charter school
  239  application, a sponsor shall report to the Department of
  240  Education the name of the applicant entity, the proposed charter
  241  school location, and its projected FTE.
  242         2. In order to ensure fiscal responsibility, an application
  243  for a charter school must shall include a full accounting of
  244  expected assets, a projection of expected sources and amounts of
  245  income, including income derived from projected student
  246  enrollments and from community support, and an expense
  247  projection that includes full accounting of the costs of
  248  operation, including start-up costs.
  249         3.a. A sponsor shall, by a majority vote, approve or deny
  250  an application no later than 60 calendar days after the
  251  application is received, unless the sponsor and the applicant
  252  mutually agree in writing to temporarily postpone the vote to a
  253  specific date, at which time the sponsor shall, by a majority
  254  vote, approve or deny the application. If the sponsor fails to
  255  act on the application in the absence of a mutual agreement to
  256  extend the deadline, an applicant may appeal to the State Board
  257  of Education as provided in paragraph (c). If an application is
  258  denied, the sponsor shall, within 10 calendar days after such
  259  denial, articulate in writing the specific reasons, based upon
  260  good cause, supporting its denial of the charter application and
  261  shall provide the letter of denial and supporting documentation
  262  to the applicant and to the Department of Education.
  263         b. An application submitted by a high-performing charter
  264  school identified pursuant to s. 1002.331 may be denied by the
  265  sponsor only if the sponsor demonstrates by clear and convincing
  266  evidence that:
  267         (I) The application does not materially comply with the
  268  requirements in paragraph (a);
  269         (II) The charter school proposed in the application does
  270  not materially comply with the requirements in paragraphs
  271  (9)(a)-(f);
  272         (III) The proposed charter school’s educational program
  273  does not substantially replicate that of the applicant or one of
  274  the applicant’s high-performing charter schools;
  275         (IV) The applicant has made a material misrepresentation or
  276  false statement or concealed an essential or material fact
  277  during the application process; or
  278         (V) The proposed charter school’s educational program and
  279  financial management practices do not materially comply with the
  280  requirements of this section.
  281  
  282  Material noncompliance is a failure to follow requirements or a
  283  violation of prohibitions applicable to charter school
  284  applications, which failure is quantitatively or qualitatively
  285  significant either individually or when aggregated with other
  286  noncompliance. An applicant is considered to be replicating a
  287  high-performing charter school if the proposed school is
  288  substantially similar to at least one of the applicant’s high
  289  performing charter schools and the organization or individuals
  290  involved in the establishment and operation of the proposed
  291  school are significantly involved in the operation of replicated
  292  schools.
  293         c. If the sponsor denies an application submitted by a
  294  high-performing charter school, the sponsor must, within 10
  295  calendar days after such denial, state in writing the specific
  296  reasons, based upon the criteria in sub-subparagraph b.,
  297  supporting its denial of the application and must provide the
  298  letter of denial and supporting documentation to the applicant
  299  and to the Department of Education. The applicant may appeal the
  300  sponsor’s denial of the application directly to the State Board
  301  of Education pursuant to sub-subparagraph (c)3.b.
  302         4. For budget projection purposes, the sponsor shall report
  303  to the Department of Education the approval or denial of a
  304  charter application within 10 calendar days after such approval
  305  or denial. In the event of approval, the report to the
  306  Department of Education shall include the final projected FTE
  307  for the approved charter school.
  308         5. Upon approval of a charter application, the initial
  309  startup commences shall commence with the beginning of the
  310  public school calendar for the district in which the charter is
  311  granted unless the sponsor allows a waiver of this subparagraph
  312  for good cause.
  313         (h) The terms and conditions for the operation of a charter
  314  school shall be established set forth by the sponsor and the
  315  applicant in a written contractual agreement, called a charter.
  316  The sponsor and the applicant shall use a uniform model
  317  contractual agreement developed by the Department of Education.
  318  The sponsor may shall not impose unreasonable rules or
  319  regulations that violate the intent of giving charter schools
  320  greater flexibility to meet educational goals. The sponsor has
  321  shall have 60 days after approval of the application to provide
  322  an initial proposed charter contract to the charter school. The
  323  applicant and the sponsor shall have 75 days thereafter to
  324  negotiate and notice the charter contract for final approval by
  325  the sponsor unless both parties agree to an extension. The
  326  proposed charter contract shall be provided to the charter
  327  school at least 7 calendar days before prior to the date of the
  328  meeting at which the charter is scheduled to be voted upon by
  329  the sponsor. The Department of Education shall provide mediation
  330  services for any dispute regarding this section subsequent to
  331  the approval of a charter application and for any dispute
  332  relating to the approved charter, except disputes regarding
  333  charter school application denials. If the Commissioner of
  334  Education determines that the dispute cannot be settled through
  335  mediation, the dispute may be appealed to an administrative law
  336  judge appointed by the Division of Administrative Hearings. The
  337  administrative law judge has final-order authority to may rule
  338  on issues of equitable treatment of the charter school as a
  339  public school, whether proposed provisions of the charter
  340  violate the intended flexibility granted charter schools by
  341  statute, or on any other matter regarding this section except a
  342  charter school application denial, a charter termination, or a
  343  charter nonrenewal and shall award the prevailing party
  344  reasonable attorney attorney’s fees and costs incurred to be
  345  paid by the losing party. The costs of the administrative
  346  hearing shall be paid by the party whom the administrative law
  347  judge rules against.
  348         (7) CHARTER.—The major issues involving the operation of a
  349  charter school shall be considered in advance and written into
  350  the charter. The charter shall be signed by the governing board
  351  of the charter school and the sponsor, following a public
  352  hearing to ensure community input.
  353         (a) The charter must shall address and criteria for
  354  approval of the charter must shall be based on:
  355         1. The school’s mission, the students to be served, and the
  356  ages and grades to be included.
  357         2. The focus of the curriculum, the instructional methods
  358  to be used, any distinctive instructional techniques to be
  359  employed, and identification and acquisition of appropriate
  360  technologies needed to improve educational and administrative
  361  performance, which include a means for promoting safe, ethical,
  362  and appropriate uses of technology which comply with legal and
  363  professional standards.
  364         a. The charter must shall ensure that reading is a primary
  365  focus of the curriculum and that resources are provided to
  366  identify and provide specialized instruction for students who
  367  are reading below grade level. The curriculum and instructional
  368  strategies for reading must be consistent with the Sunshine
  369  State Standards and grounded in scientifically based reading
  370  research.
  371         b. In order to provide students with access to diverse
  372  instructional delivery models, to facilitate the integration of
  373  technology within traditional classroom instruction, and to
  374  provide students with the skills they need to compete in the
  375  21st century economy, the Legislature encourages instructional
  376  methods for blended learning courses consisting of both
  377  traditional classroom and online instructional techniques.
  378  Charter schools may implement blended learning courses that
  379  which combine traditional classroom instruction and virtual
  380  instruction. Students in a blended learning course must be full
  381  time students of the charter school and receive the online
  382  instruction in a classroom setting at the charter school.
  383  Instructional personnel certified pursuant to s. 1012.55 who
  384  provide virtual instruction for blended learning courses may be
  385  employees of the charter school or may be under contract to
  386  provide instructional services to charter school students. At a
  387  minimum, such instructional personnel shall must hold an active
  388  state or school district adjunct certification under s. 1012.57
  389  for the subject area of the blended learning course. The funding
  390  and performance accountability requirements for blended learning
  391  courses are the same as those for traditional courses. A charter
  392  school may provide virtual instruction without approval from the
  393  school district.
  394         3. The current incoming baseline standard of student
  395  academic achievement, the outcomes to be achieved, and the
  396  method of measurement that will be used. The criteria
  397  established listed in this subparagraph must shall include a
  398  detailed description of:
  399         a. How the baseline student academic achievement levels and
  400  prior rates of academic progress will be established.
  401         b. How these baseline rates will be compared to rates of
  402  academic progress achieved by these same students while
  403  attending the charter school.
  404         c. To the extent possible, how these rates of progress will
  405  be evaluated and compared with rates of progress of other
  406  closely comparable student populations.
  407  
  408  The district school board is required to provide academic
  409  student performance data to charter schools for each of their
  410  students coming from the district school system, as well as
  411  rates of academic progress of comparable student populations in
  412  the district school system.
  413         4. The methods used to identify the educational strengths
  414  and needs of students and how well educational goals and
  415  performance standards are met by students attending the charter
  416  school. The methods must shall provide a means for the charter
  417  school to ensure accountability to its constituents by analyzing
  418  student performance data and by evaluating the effectiveness and
  419  efficiency of its major educational programs. Students in
  420  charter schools shall, at a minimum, participate in the
  421  statewide assessment program created under s. 1008.22.
  422         5. In secondary charter schools, a method for determining
  423  that a student has satisfied the requirements for graduation in
  424  s. 1003.428, s. 1003.429, or s. 1003.43.
  425         6. A method for resolving conflicts between the governing
  426  board of the charter school and the sponsor.
  427         7. The admissions procedures and dismissal procedures,
  428  including the school’s code of student conduct.
  429         8. The ways by which the school will achieve a
  430  racial/ethnic balance reflective of the community it serves or
  431  within the racial/ethnic range of other public schools in the
  432  same school district.
  433         9. The financial and administrative management of the
  434  school, including a reasonable demonstration of the professional
  435  experience or competence of those individuals or organizations
  436  applying to operate the charter school or those hired or
  437  retained to perform such professional services and the
  438  description of clearly delineated responsibilities and the
  439  policies and practices needed to effectively manage the charter
  440  school. A description of internal audit procedures and
  441  establishment of controls to ensure that financial resources are
  442  properly managed must be included. Public sector Both public
  443  sector and private sector private sector professional experience
  444  are shall be equally valid in such a consideration.
  445         10. The asset and liability projections required in the
  446  application which are incorporated into the charter and must
  447  shall be compared with information provided in the annual report
  448  of the charter school.
  449         11. A description of procedures that identify various risks
  450  and provide for a comprehensive approach to reduce the impact of
  451  losses; plans to ensure the safety and security of students and
  452  staff; plans to identify, minimize, and protect others from
  453  violent or disruptive student behavior; and the manner in which
  454  the school will be insured, including whether or not the school
  455  will be required to have liability insurance, and, if so, the
  456  terms and conditions thereof and the amounts of coverage.
  457         12. The term of the charter, which must shall provide for
  458  termination cancellation of the charter if insufficient progress
  459  has been made in attaining the student achievement objectives of
  460  the charter and if it is not likely that such objectives can be
  461  achieved before expiration of the charter. The initial term of a
  462  charter is shall be for 4 or 5 years. In order to facilitate
  463  access to long-term financial resources for charter school
  464  construction, charter schools that are operated by a
  465  municipality or other public entity as provided by law are
  466  eligible for up to a 15-year charter, subject to approval by the
  467  district school board. A charter lab school is eligible for a
  468  charter for a term of up to 15 years. In addition, to facilitate
  469  access to long-term financial resources for charter school
  470  construction, charter schools that are operated by a private,
  471  not-for-profit, s. 501(c)(3) status corporation are eligible for
  472  up to a 15-year charter, subject to approval by the district
  473  school board. Such long-term charters remain subject to annual
  474  review and may be terminated during the term of the charter, but
  475  only according to the provisions set forth in subsection (8).
  476         13. The facilities to be used and their location. A
  477  temporary certificate of occupancy suffices for a charter school
  478  to occupy a new school building at the beginning of a school
  479  year, and a sponsor may not require that the contract include an
  480  automatic termination provision if the charter school fails to
  481  obtain more than a temporary certificate of occupancy within 15
  482  calendar days before the first day of school.
  483         14. The qualifications to be required of the teachers and
  484  the potential strategies used to recruit, hire, train, and
  485  retain qualified staff to achieve best value.
  486         15. The governance structure of the school, including the
  487  status of the charter school as a public or private employer as
  488  required in paragraph (12)(i).
  489         16. A timetable for implementing the charter which
  490  addresses the implementation of each element thereof and the
  491  date by which the charter must shall be awarded in order to meet
  492  this timetable.
  493         17. In the case of an existing public school that is being
  494  converted to charter status, alternative arrangements for
  495  current students who choose not to attend the charter school and
  496  for current teachers who choose not to teach in the charter
  497  school after conversion in accordance with the existing
  498  collective bargaining agreement or district school board rule in
  499  the absence of a collective bargaining agreement. However,
  500  alternative arrangements may shall not be required for current
  501  teachers who choose not to teach in a charter lab school, except
  502  as authorized by the employment policies of the state university
  503  which grants the charter to the lab school.
  504         18. Full disclosure of the identity of all relatives
  505  employed by the charter school who are related to the charter
  506  school owner, president, chairperson of the governing board of
  507  directors, superintendent, governing board member, principal,
  508  assistant principal, or any other person employed by the charter
  509  school who has equivalent decisionmaking authority. For the
  510  purpose of this subparagraph, the term “relative” means father,
  511  mother, son, daughter, brother, sister, uncle, aunt, first
  512  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  513  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  514  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  515  stepsister, half brother, or half sister.
  516         19. Implementation of the activities authorized under s.
  517  1002.331 by the charter school when it satisfies the eligibility
  518  requirements for a high-performing charter school. A high
  519  performing charter school shall notify its sponsor in writing by
  520  March 1 if it intends to increase enrollment or expand grade
  521  levels the following school year. The written notice must shall
  522  specify the amount of the enrollment increase and the grade
  523  levels that will be added, as applicable.
  524         (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.—
  525         (a) The sponsor shall make student academic achievement for
  526  all students one of the most important factors in determining
  527  whether to renew or terminate the charter. The sponsor may also
  528  choose not to renew or may terminate the charter for any of the
  529  following grounds:
  530         1. Failure to participate in the state’s education
  531  accountability system created in s. 1008.31, as required in this
  532  section, or failure to meet the requirements for student
  533  performance stated in the charter.
  534         2. Failure to meet generally accepted standards of fiscal
  535  management.
  536         3. Violation of law.
  537         4. Other good cause shown.
  538         (f) If a charter is not renewed or is terminated, the
  539  charter school is responsible for all debts of the charter
  540  school. The district may not assume the debt from any contract
  541  made between the governing board body of the school and a third
  542  party, except for a debt that is previously detailed and agreed
  543  upon in writing by both the district and the governing board
  544  body of the school and that may not reasonably be assumed to
  545  have been satisfied by the district.
  546         (9) CHARTER SCHOOL REQUIREMENTS.—
  547         (i) The governing board body of the charter school shall
  548  exercise continuing oversight over charter school operations.
  549         (j) The governing board body of the charter school is shall
  550  be responsible for:
  551         1. Ensuring that the charter school has retained the
  552  services of a certified public accountant or auditor for the
  553  annual financial audit, pursuant to s. 1002.345(2), who shall
  554  submit the report to the governing board body.
  555         2. Reviewing and approving the audit report, including
  556  audit findings and recommendations for the financial recovery
  557  plan.
  558         3.a. Performing the duties in s. 1002.345, including
  559  monitoring a corrective action plan.
  560         b. Monitoring a financial recovery plan in order to ensure
  561  compliance.
  562         4. Participating in governance training approved by the
  563  department, which must include government in the sunshine,
  564  conflicts of interest, ethics, and financial responsibility.
  565         (k) The governing board body of the charter school shall
  566  report its progress annually to its sponsor, which shall forward
  567  the report to the Commissioner of Education at the same time as
  568  other annual school accountability reports. The Department of
  569  Education shall develop a uniform, online annual accountability
  570  report to be completed by charter schools. This report must
  571  shall be easy to read and understand utilize and contain
  572  demographic information, student performance data, and financial
  573  accountability information. A charter school is shall not be
  574  required to provide information and data that are is duplicative
  575  and already in the possession of the department. The Department
  576  of Education shall include in its compilation a notation if a
  577  school failed to file its report by the deadline established by
  578  the department. The report must shall include at least the
  579  following components:
  580         1. Student achievement performance data, including the
  581  information required for the annual school report and the
  582  education accountability system governed by ss. 1008.31 and
  583  1008.345. Charter schools are subject to the same accountability
  584  requirements as other public schools, including reports of
  585  student achievement information that links baseline student data
  586  to the school’s performance projections identified in the
  587  charter. The charter school shall identify reasons for any
  588  difference between projected and actual student performance.
  589         2. Financial status of the charter school which must
  590  include revenues and expenditures at a level of detail which
  591  that allows for analysis of the charter school’s ability to meet
  592  financial obligations and timely repayment of debt.
  593         3. Documentation of the facilities in current use and any
  594  planned facilities for use by the charter school for instruction
  595  of students, administrative functions, or investment purposes.
  596         4. Descriptive information about the charter school’s
  597  personnel, including salary and benefit levels of charter school
  598  employees, the proportion of instructional personnel who hold
  599  professional or temporary certificates, and the proportion of
  600  instructional personnel teaching in-field or out-of-field.
  601         (n)1. The director and a representative of the governing
  602  board of a charter school that has earned a grade of “D” or “F”
  603  pursuant to s. 1008.34(2) shall appear before the sponsor to
  604  present information concerning each contract component having
  605  noted deficiencies. The director and a representative of the
  606  governing board shall submit to the sponsor for approval a
  607  school improvement plan to raise student achievement. Upon
  608  approval by the sponsor, the charter school shall begin
  609  implementation of the school improvement plan. The department
  610  shall offer technical assistance and training to the charter
  611  school and its governing board and establish guidelines for
  612  developing, submitting, and approving such plans.
  613         2.a. If a charter school earns three consecutive grades of
  614  “D,” two consecutive grades of “D” followed by a grade of “F,”
  615  or two nonconsecutive grades of “F” within a 3-year period, the
  616  charter school governing board shall choose one of the following
  617  corrective actions:
  618         (I) Contract for educational services to be provided
  619  directly to students, instructional personnel, and school
  620  administrators, as prescribed in state board rule;
  621         (II) Contract with an outside entity that has a
  622  demonstrated record of effectiveness to operate the school;
  623         (III) Reorganize the school under a new director or
  624  principal who is authorized to hire new staff; or
  625         (IV) Voluntarily close the charter school.
  626         b. The charter school must implement the corrective action
  627  in the school year following receipt of a third consecutive
  628  grade of “D,” a grade of “F” following two consecutive grades of
  629  “D,” or a second nonconsecutive grade of “F” within a 3-year
  630  period.
  631         c. The sponsor may annually waive a corrective action if it
  632  determines that the charter school is likely to improve a letter
  633  grade if additional time is provided to implement the
  634  intervention and support strategies prescribed by the school
  635  improvement plan. Notwithstanding this sub-subparagraph, a
  636  charter school that earns a second consecutive grade of “F” is
  637  subject to subparagraph 4.
  638         d. A charter school is no longer required to implement a
  639  corrective action if it improves by at least one letter grade.
  640  However, the charter school must continue to implement
  641  strategies identified in the school improvement plan. The
  642  sponsor must annually review implementation of the school
  643  improvement plan to monitor the school’s continued improvement
  644  pursuant to subparagraph 5.
  645         e. A charter school implementing a corrective action that
  646  does not improve by at least one letter grade after 2 full
  647  school years of implementing the corrective action must select a
  648  different corrective action. Implementation of the new
  649  corrective action must begin in the school year following the
  650  implementation period of the existing corrective action, unless
  651  the sponsor determines that the charter school is likely to
  652  improve a letter grade if additional time is provided to
  653  implement the existing corrective action. Notwithstanding this
  654  sub-subparagraph, a charter school that earns a second
  655  consecutive grade of “F” while implementing a corrective action
  656  is subject to subparagraph 4.
  657         3. A charter school with a grade of “D” or “F” that
  658  improves by at least one letter grade must continue to implement
  659  the strategies identified in the school improvement plan. The
  660  sponsor must annually review implementation of the school
  661  improvement plan to monitor the school’s continued improvement
  662  pursuant to subparagraph 5.
  663         4. The sponsor shall terminate a charter if the charter
  664  school earns two consecutive grades of “F” unless:
  665         a. The charter school is established to turn around the
  666  performance of a district public school pursuant to s.
  667  1008.33(4)(b)3. Such charter schools are shall be governed by s.
  668  1008.33;
  669         b. The charter school serves a student population the
  670  majority of which resides in a school zone served by a district
  671  public school that earned a grade of “F” in the year before the
  672  charter school opened and the charter school earns at least a
  673  grade of “D” in its third year of operation. The exception
  674  provided under this sub-subparagraph does not apply to a charter
  675  school in its fourth year of operation and thereafter; or
  676         c. The state board grants the charter school a waiver of
  677  termination. The charter school must request the waiver within
  678  15 30 days after the department’s official release completion of
  679  school grades grade appeals. The state board may waive
  680  termination if the charter school demonstrates that the learning
  681  gains of its students on statewide assessments are comparable to
  682  or better than the learning gains of similarly situated students
  683  enrolled in nearby district public schools. The waiver is valid
  684  for 1 year and may only be granted once. Charter schools that
  685  have been in operation for more than 5 years are not eligible
  686  for a waiver under this sub-subparagraph.
  687         5. The director and a representative of the governing board
  688  of a graded charter school that has implemented a school
  689  improvement plan under this paragraph shall appear before the
  690  sponsor at least once a year to present information regarding
  691  the progress of intervention and support strategies implemented
  692  by the school pursuant to the school improvement plan and
  693  corrective actions, if applicable. The sponsor shall communicate
  694  at the meeting, and in writing to the director, the services
  695  provided to the school to help the school address its
  696  deficiencies.
  697         6. Notwithstanding any provision of this paragraph except
  698  sub-subparagraphs 4.a.-c., the sponsor may terminate the charter
  699  at any time pursuant to subsection (8).
  700         (o) New members of a governing board of a charter school
  701  shall attend the Florida Charter School Conference. Members of
  702  the governing board of a high-performing charter school are
  703  exempt from this requirement.
  704         (10) ELIGIBLE STUDENTS.—
  705         (b) The charter school shall enroll an eligible student who
  706  submits a timely application, unless the number of applications
  707  exceeds the capacity of a program, class, grade level, or
  708  building. In such case, all applicants shall be afforded have an
  709  equal chance of being admitted through a public, random
  710  selection process.
  711         (h) The capacity of the charter school shall be determined
  712  annually by its the governing board taking into consideration ,
  713  in conjunction with the sponsor, of the charter school in
  714  consideration of the factors identified in this subsection
  715  unless the charter school is designated as a high-performing
  716  charter school pursuant to s. 1002.331. A sponsor may not
  717  require a charter school to waive its right to determine its own
  718  student enrollment the provisions of s. 1002.331 or require a
  719  student enrollment cap that prohibits a high-performing charter
  720  school from increasing enrollment in accordance with s.
  721  1002.331(2) as a condition of approval or renewal of a charter.
  722         (i) The capacity of a high-performing charter school
  723  identified pursuant to s. 1002.331 shall be determined annually
  724  by the governing board of the charter school. The governing
  725  board shall notify the sponsor of any increase in enrollment by
  726  March 1 of the school year preceding the increase. A sponsor may
  727  not require a charter school to identify the names of students
  728  to be enrolled or to enroll them before the start of the school
  729  year as a condition of approval or renewal of a charter.
  730         (12) EMPLOYEES OF CHARTER SCHOOLS.—
  731         (h) For the purposes of tort liability, the governing board
  732  body and employees of a charter school are shall be governed by
  733  s. 768.28.
  734         (j) A charter school employee may not serve on the
  735  governing board of the charter school by which he or she is
  736  employed.
  737         (k) A charter school may not enter into a contract with a
  738  charter school employee which extends beyond the term of the
  739  charter contract.
  740         (16) EXEMPTION FROM STATUTES.—
  741         (b) Additionally, a charter school shall be in compliance
  742  with the following statutes:
  743         1. Section 286.011, relating to public meetings and
  744  records, public inspection, and criminal and civil penalties.
  745         2. Chapter 119, relating to public records.
  746         3. Section 1003.03, relating to the maximum class size,
  747  except that the calculation for compliance pursuant to s.
  748  1003.03 shall be the average at the school level.
  749         4. Section 1012.22(1)(c)5.b. 1012.22(1)(c), relating to the
  750  implementation of a compensation system that requires annual
  751  salary adjustments for instructional personnel to be based upon
  752  performance and salary schedules.
  753         5. Section 1012.33(5), relating to workforce reductions, if
  754  the charter school awards contracts to instructional personnel
  755  and the term of a contract exceeds 1 year. This subparagraph
  756  does not apply to charter school instructional personnel who are
  757  at-will employees.
  758         6. Section 1012.335, relating to contracts with
  759  instructional personnel hired on or after July 1, 2011, if the
  760  charter school awards contracts to instructional personnel and
  761  the term of a contract exceeds 1 year. This subparagraph does
  762  not apply to charter school instructional personnel who are at
  763  will employees.
  764         7. Subsections 1012.34(2), (3), and (7) Section 1012.34,
  765  relating to the substantive requirements for performance
  766  evaluations for instructional personnel and school
  767  administrators.
  768         (17) FUNDING.—Students enrolled in a charter school,
  769  regardless of the sponsorship, shall be funded as if they are in
  770  a basic program or a special program, the same as students
  771  enrolled in other public schools in the school district. Funding
  772  for a charter lab school shall be as provided in s. 1002.32.
  773         (c) If the district school board is providing programs or
  774  services to students funded by federal funds, any eligible
  775  students enrolled in charter schools in the school district
  776  shall be provided federal funds for the same level of service
  777  provided students in the schools operated by the district school
  778  board. All federal funding that is for the benefit of the
  779  charter school, the charter school’s students, or the charter
  780  school’s students as public school students in the school
  781  district, including, but not limited to, Title I, Title II, and
  782  IDEA funds, shall be paid directly to the charter school.
  783  Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all charter
  784  schools shall receive all federal funding for which the school
  785  is otherwise eligible, including Title I funding, not later than
  786  5 months after the charter school first opens and within 5
  787  months after any subsequent expansion of enrollment.
  788         (20) SERVICES.—
  789         (a)1. A sponsor shall provide certain administrative and
  790  educational services to charter schools. These services must
  791  shall include contract management services; full-time equivalent
  792  and data reporting services; exceptional student education
  793  administration services; services related to eligibility and
  794  reporting duties required to ensure that school lunch services
  795  under the federal lunch program, consistent with the needs of
  796  the charter school, are provided by the school district at the
  797  request of the charter school, that any funds due to the charter
  798  school under the federal lunch program are be paid to the
  799  charter school as soon as the charter school begins serving food
  800  under the federal lunch program, and that the charter school is
  801  paid at the same time and in the same manner under the federal
  802  lunch program as other public schools serviced by the sponsor or
  803  the school district; test administration services, including
  804  payment of the costs of state-required or district-required
  805  student assessments; processing of teacher certificate data
  806  services; and information services, including equal access to
  807  electronic student information systems that are used by public
  808  schools in the district in which the charter school is located
  809  and contain all data that the charter school is required to
  810  report to the school district. Student performance data for each
  811  student in a charter school, including, but not limited to, FCAT
  812  scores, standardized test scores, previous public school student
  813  report cards, and student performance measures, shall be
  814  provided by the sponsor to a charter school in the same manner
  815  provided to other public schools in the district.
  816         2. A total administrative fee for the provision of such
  817  services shall be calculated based upon up to 5 percent of the
  818  available funds defined in paragraph (17)(b) for all students,
  819  except that when 75 percent or more of the students enrolled in
  820  the charter school are exceptional students as defined in s.
  821  1003.01(3), the 5 percent of those available funds shall be
  822  calculated based on unweighted full-time equivalent students.
  823  However, a sponsor may only withhold up to a 5-percent
  824  administrative fee for enrollment for up to and including 250
  825  students. For charter schools with a population of 251 or more
  826  students, the difference between the total administrative fee
  827  calculation and the amount of the administrative fee withheld
  828  may only be used for capital outlay purposes specified in s.
  829  1013.62(2).
  830         3. For high-performing charter schools, as defined in ch.
  831  2011-232, a sponsor may withhold a total administrative fee of
  832  up to 2 percent for enrollment up to and including 250 students
  833  per school.
  834         4. In addition, a sponsor may withhold only up to a 5
  835  percent administrative fee for enrollment for up to and
  836  including 500 students within a system of charter schools which
  837  meets all of the following:
  838         a. Includes both conversion charter schools and
  839  nonconversion charter schools;
  840         b. Has all schools located in the same county;
  841         c. Has a total enrollment exceeding the total enrollment of
  842  at least one school district in the state;
  843         d. Has the same governing board; and
  844         e. Does not contract with a for-profit service provider for
  845  management of school operations.
  846         5. The difference between the total administrative fee
  847  calculation and the amount of the administrative fee withheld
  848  pursuant to subparagraph 4. may be used for instructional and
  849  administrative purposes as well as for capital outlay purposes
  850  specified in s. 1013.62(2).
  851         6. For a high-performing charter school system that also
  852  meets the requirements in subparagraph 4., a sponsor may
  853  withhold a 2-percent administrative fee for enrollments up to
  854  and including 500 students per system.
  855         7. Sponsors may shall not charge charter schools any
  856  additional fees or surcharges for administrative and educational
  857  services in addition to the maximum 5-percent administrative fee
  858  withheld pursuant to this paragraph.
  859         8. The sponsor of a virtual charter school may withhold a
  860  fee of up to 5 percent. The funds shall be used to cover the
  861  cost of services provided under subparagraph 1. and for the
  862  school district’s local instructional improvement system
  863  pursuant to s. 1006.281 or other technological tools that are
  864  required to access electronic and digital instructional
  865  materials.
  866         (c) Transportation of charter school students shall be
  867  provided by the charter school consistent with the requirements
  868  of subpart I.E. of chapter 1006 and s. 1012.45. The governing
  869  board body of the charter school may provide transportation
  870  through an agreement or contract with the district school board,
  871  a private provider, or parents. The charter school and the
  872  sponsor shall cooperate in making arrangements that ensure that
  873  transportation is not a barrier to equal access for all students
  874  residing within a reasonable distance of the charter school as
  875  determined in its charter.
  876         (24) RESTRICTION ON EMPLOYMENT OF RELATIVES.—
  877         (a) This subsection applies to charter school personnel in
  878  a charter school operated by a private entity. As used in this
  879  subsection, the term:
  880         1. “Charter school personnel” means a charter school owner,
  881  president, chairperson of the governing board of directors,
  882  superintendent, governing board member, principal, assistant
  883  principal, or any other person employed by the charter school
  884  who has equivalent decisionmaking authority and in whom is
  885  vested the authority, or to whom the authority has been
  886  delegated, to appoint, employ, promote, or advance individuals
  887  or to recommend individuals for appointment, employment,
  888  promotion, or advancement in connection with employment in a
  889  charter school, including the authority as a member of a
  890  governing board body of a charter school to vote on the
  891  appointment, employment, promotion, or advancement of
  892  individuals.
  893         2. “Relative” means father, mother, son, daughter, brother,
  894  sister, uncle, aunt, first cousin, nephew, niece, husband, wife,
  895  father-in-law, mother-in-law, son-in-law, daughter-in-law,
  896  brother-in-law, sister-in-law, stepfather, stepmother, stepson,
  897  stepdaughter, stepbrother, stepsister, half brother, or half
  898  sister.
  899  
  900  Charter school personnel in schools operated by a municipality
  901  or other public entity are subject to s. 112.3135.
  902         (27) RULEMAKING.—The Department of Education, after
  903  consultation with school districts and charter school directors,
  904  shall recommend that the State Board of Education adopt rules to
  905  implement specific subsections of this section. Such rules must
  906  shall require minimum paperwork and may shall not limit charter
  907  school flexibility authorized by statute. Only the State Board
  908  of Education may shall adopt rules, pursuant to this section and
  909  ss. 120.536(1) and 120.54, to implement a charter model
  910  application form, evaluation instrument, and charter and charter
  911  renewal contracts formats in accordance with this section.
  912  School districts may not regulate or adopt rules to add to,
  913  interpret, or change the provisions of this section, or to
  914  insert provisions into a charter contract which are not found in
  915  this section.
  916         Section 2. Subsections (1), (2), (4), and (5) of section
  917  1002.331, Florida Statutes, are amended, to read:
  918         1002.331 High-performing charter schools.—
  919         (1) A charter school is a high-performing charter school if
  920  it:
  921         (a) Received at least two school grades of “A” and no
  922  school grade below “B,” pursuant to s. 1008.34, during each of
  923  the previous 3 school years.
  924         (b) Received an unqualified opinion on each annual
  925  financial audit required under s. 218.39 in the most recent 3
  926  fiscal years for which such audits are available.
  927         (c) Did not receive a financial audit that revealed one or
  928  more of the financial emergency conditions set forth in s.
  929  218.503(1) in the most recent 3 fiscal years for which such
  930  audits are available. However, this requirement is deemed met
  931  for a charter school-in-the-workplace if there is a finding in
  932  an audit that the school has the monetary resources available to
  933  cover any reported deficiency or that the deficiency does not
  934  result in a deteriorating financial condition pursuant to s.
  935  1002.345(1)(a)3.
  936  
  937  A virtual charter school established under s. 1002.33 is not
  938  eligible for designation as a high-performing charter school.
  939         (2) A high-performing charter school is authorized to:
  940         (a) Increase or decrease its student capacity enrollment
  941  once per school year by up to 15 percent more or less than the
  942  capacity identified in the charter.
  943         (b) Expand grade levels within kindergarten through grade
  944  12 to add grade levels not already served if any annual
  945  enrollment increase resulting from grade level expansion is
  946  within the limit established in paragraph (a).
  947         (c) Submit a quarterly, rather than a monthly, financial
  948  statement to the sponsor pursuant to s. 1002.33(9)(g).
  949         (d) Consolidate under a single charter the charters of
  950  multiple high-performing charter schools operated in the same
  951  school district by the charter schools’ governing board
  952  regardless of the renewal cycle. If the sponsor fails to act on
  953  the application within 60 days after receipt, the application to
  954  consolidate the charters is deemed approved. If the sponsor
  955  denies the application, the high-performing charter school may
  956  appeal the denial pursuant to s. 1002.33(6).
  957         (e) Receive a modification of its charter to a term of 15
  958  years or a 15-year charter renewal. The charter may be modified
  959  or renewed for a shorter term at the option of the high
  960  performing charter school. The charter must be consistent with
  961  s. 1002.33(7)(a)19. and (10)(h) and (i), is subject to annual
  962  review by the sponsor, and may be terminated during its term
  963  pursuant to s. 1002.33(8).
  964  
  965  A high-performing charter school shall notify its sponsor in
  966  writing by March 1 if it intends to increase enrollment or
  967  expand grade levels the following school year. The written
  968  notice shall specify the amount of the enrollment increase and
  969  the grade levels that will be added, as applicable.
  970         (4) A high-performing charter school may not increase
  971  enrollment or expand grade levels following a any school year in
  972  which it receives a school grade of “C” or below. If the charter
  973  school receives a school grade of “C” or below in any 2 years
  974  during the term of the charter awarded under subsection (2), the
  975  term of the charter may be modified by the sponsor and the
  976  charter school loses its high-performing charter school status
  977  until it regains that status under subsection (1).
  978         (5) The Commissioner of Education, upon request by a
  979  charter school, shall verify that the charter school meets the
  980  criteria in subsection (1) and provide a letter to the charter
  981  school and the sponsor stating that the charter school is a
  982  high-performing charter school pursuant to this section. A high
  983  performing charter school may not be stripped of its designation
  984  as a high-performing charter school unless the commissioner
  985  determines that the charter school no longer meets the criteria
  986  specified in subsection (1), at which time the commissioner
  987  shall send a letter providing notification of the withdrawal of
  988  its designation as a high-performing charter school.
  989         Section 3. Subsection (2) of section 1002.332, Florida
  990  Statutes, is amended to read:
  991         1002.332 High-performing charter school system.—
  992         (2)(a) The Commissioner of Education, upon request by an
  993  entity, shall annually verify that the entity meets the criteria
  994  in subsection (1) for the previous prior school year and provide
  995  a letter to the entity stating that it is a high-performing
  996  charter school system. A charter school system that achieved
  997  high-performing status the previous school year does not lose
  998  its high-performing status simply by virtue of adding new
  999  schools. However, if one of its new schools receives a grade of
 1000  "C" or lower in its first 3 years in existence, that grade may
 1001  be counted in determining whether the charter school system
 1002  maintains its high-performing status.
 1003         (b) A high-performing charter school system may replicate
 1004  its high-performing charter schools pursuant to s. 1002.331(3).
 1005         Section 4. Paragraph (c) of subsection (1) of section
 1006  1013.62, Florida Statutes, is amended to read:
 1007         1013.62 Charter schools capital outlay funding.—
 1008         (1) In each year in which funds are appropriated for
 1009  charter school capital outlay purposes, the Commissioner of
 1010  Education shall allocate the funds among eligible charter
 1011  schools.
 1012         (c) A charter school’s allocation may not exceed one
 1013  fifteenth of the cost per student station specified in s.
 1014  1013.64(6)(b), and the Legislature shall annually fund the full
 1015  one-fifteenth amount from the Florida Education Finance Program
 1016  as provided in s. 1011.62. Before releasing capital outlay funds
 1017  to a school district on behalf of the charter school, the
 1018  Department of Education must ensure that the district school
 1019  board and the charter school governing board enter into a
 1020  written agreement that provides for the reversion of any
 1021  unencumbered funds and all equipment and property purchased with
 1022  public education funds to the ownership of the district school
 1023  board, as provided for in subsection (3) if the school
 1024  terminates operations. Any Funds recovered by the state shall be
 1025  deposited in the General Revenue Fund.
 1026         Section 5. This act shall take effect July 1, 2013.

feedback