Bill Text: FL S1448 | 2015 | Regular Session | Introduced
Bill Title: Student Choice
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2015-05-01 - Died in Education Pre-K - 12 [S1448 Detail]
Download: Florida-2015-S1448-Introduced.html
Florida Senate - 2015 SB 1448 By Senator Legg 17-01022C-15 20151448__ 1 A bill to be entitled 2 An act relating to student choice; amending s. 3 1002.31, F.S.; authorizing a parent to enroll his or 4 her child in and transport his or her child to any 5 public school that has not reached capacity, including 6 charter schools, in any school district in this state; 7 requiring the school to accept and report the student 8 for funding purposes; defining the term “capacity”; 9 amending s. 1002.33, F.S.; clarifying requirements for 10 the creation of a virtual charter school; revising 11 required contents of charter school applications; 12 conforming provisions regarding the appeal process for 13 denial of a high-performing charter school 14 application; revising charter provisions relating to 15 long-term charters and termination of a charter; 16 revising conditions for termination of a charter; 17 requiring a charter school’s governing board to 18 appoint a representative to provide information and 19 assistance to parents; requiring the governing board 20 to hold a certain number of meets that are noticed, 21 open, and accessible to the public per school year; 22 revising the participants in and activities of charter 23 school cooperatives; providing requirements for 24 payment to charter schools; requiring the Department 25 of Education to include a standard application form 26 when providing information to the public on how to 27 form, operate, and enroll in a charter school; 28 amending ss. 1002.331 and 1002.37, F.S.; conforming 29 cross-references and provisions to changes made by the 30 act; amending s. 1002.45, F.S.; revising conditions 31 for termination of a virtual instruction provider’s 32 contract; conforming a cross-reference; repealing s. 33 1002.455, F.S., relating to student eligibility for K 34 12 virtual instruction; amending s. 1003.498, F.S.; 35 conforming a cross-reference; creating s. 1003.5711, 36 F.S.; providing that certain students who are deemed 37 eligible for hospitalized program services are 38 considered students with a disability; authorizing an 39 individual education plan to be modified to 40 accommodate the services; requiring the student to 41 continue to receive educational instruction; requiring 42 a school district to provide the student with a 43 certified teacher under certain circumstances; 44 requiring the department to transfer funds for the 45 student; creating s. 1004.6491, F.S.; establishing the 46 Florida Charter School Innovation Institute; 47 specifying requirements for the institute; requiring 48 an annual report to the Governor and the Legislature; 49 requiring a report on the institute’s annual financial 50 audit to the Auditor General, the Board of Governors 51 of the State University System, and the State Board of 52 Education; amending s. 1011.62, F.S.; revising 53 eligibility requirements for charter school capital 54 outlay funding; providing an effective date. 55 56 Be It Enacted by the Legislature of the State of Florida: 57 58 Section 1. Subsection (6) is added to section 1002.31, 59 Florida Statutes, to read: 60 1002.31 Controlled open enrollment; public school parental 61 choice.— 62 (6) Notwithstanding any law, a parent may choose to enroll 63 his or her child in, and transport his or her child to, any 64 public school, including a charter school, which has not reached 65 capacity in any school district in this state. 66 (a) The school district shall accept the student and report 67 the student for purposes of the district’s funding pursuant to 68 the Florida Education Finance Program. 69 (b) As used in this subsection, the term “capacity” means a 70 school in which the capital outlay FTE enrollment exceeds 95 71 percent of the space and occupant design capacity of its 72 nonrelocatable facilities. However, if a school’s initial design 73 incorporated relocatable or modular instructional space, the 74 term means a school in which the capital outlay FTE enrollment 75 exceeds 95 percent of the space and occupant design capacity of 76 its core facilities. 77 Section 2. Subsection (1), paragraphs (a), (b), and (c) of 78 subsection (6), subsection (7), paragraphs (e), (f), and (g) of 79 subsection (8), paragraphs (g), (n), and (p) of subsection (9), 80 subsection (13), paragraph (e) of subsection (17), and paragraph 81 (a) of subsection (21) of section 1002.33, Florida Statutes, are 82 amended, and paragraphs (h) and (i) are added to subsection (8) 83 of that section, to read: 84 1002.33 Charter schools.— 85 (1) AUTHORIZATION.—Charter schools areshall bepart of the 86 state’s program of public education. All charter schools in this 87 stateFloridaare public schools. A charter school may be formed 88 by creating a new school or converting an existing public school 89 to charter status. A charter school may operate a virtual 90 charter school pursuant to s. 1002.45(1)(d) to provide full-time 91 online instruction to eligible students, pursuant to s.921002.455,in kindergarten through grade 12. An existingA93 charter school that is seeking to become a virtual charter 94 school must amend its charter or submit a new application 95 pursuant to subsection (6) to become a virtual charter school. A 96 virtual charter school is subject to the requirements of this 97 section; however, a virtual charter school is exempt from 98 subsections (18) and (19), subparagraphs (20)(a)2., 4., 5., and 99 7., paragraph (20)(c), and s. 1003.03. A public school may not 100 use the term charter in its name unless it has been approved 101 under this section. 102 (6) APPLICATION PROCESS AND REVIEW.—Charter school 103 applications are subject to the following requirements: 104 (a) A person or entity seekingwishingto open a charter 105 school shall prepare and submit an application on a model 106 application form prepared by the Department of Education which: 107 1. Demonstrates how the school will use the guiding 108 principles and meet the statutorily defined purpose of a charter 109 school. 110 2. Provides a detailed curriculum plan that illustrates how 111 students will be provided services to attain the Sunshine State 112 Standards. 113 3. Contains goals and objectives for improving student 114 learning and measuring that improvement. These goals and 115 objectives must indicate how much academic improvement students 116 are expected to show each year, how success will be evaluated, 117 and the specific results to be attained through instruction. 118 4. Describes the reading curriculum and differentiated 119 strategies that will be used for students reading at grade level 120 or higher and a separate curriculum and strategies for students 121 who are reading below grade level. A sponsor shall deny an 122 applicationacharterif the school does not propose a reading 123 curriculum that is consistent with effective teaching strategies 124 that are grounded in scientifically based reading research, but 125 the sponsor may not require the school to implement any 126 curriculum adopted by the school district. 127 5. Contains an annual financial plan for each year 128 requested by the charter for operation of the school for up to 5 129 years. This plan must contain anticipated fund balances based on 130 revenue projections, a spending plan based on projected revenues 131 and expenses, and a description of controls that will safeguard 132 finances and projected enrollment trends. 133 6. Discloses the name of each applicant, governing board 134 member, and proposed management company, if any; the name and 135 sponsor of any charter school operated by such parties; and the 136 academic and financial history of such charter schools, which 137 the sponsor shall consider in deciding to approve or deny the 138 application. 139 7.6.Contains additional information a sponsor may require, 140 which shall be attached as an addendum to the charter school 141 application described in this paragraph. 142 8.7.For the establishment of a virtual charter school, 143 documents that the applicant has contracted with a provider of 144 virtual instruction services pursuant to s. 1002.45(1)(d). 145 (b) A sponsor shall receive and review all applications for 146 a charter school using theanevaluation instrument developed by 147 the Department of Education. A sponsor shall receive and 148 consider charter school applications received on or before 149 August 1 of each calendar year for charter schools to be opened 150 at the beginning of the school district’s next school year, or 151 to be opened at a time agreed to by the applicant and the 152 sponsor. A sponsor may not refuse to receive a charter school 153 application submitted before August 1 and may receive an 154 application submitted later than August 1 if it chooses. In 155 order to facilitate greater collaboration in the application 156 process, an applicant may submit a draft charter school 157 application on or before May 1 with an application fee of $500. 158 If a draft application is timely submitted, the sponsor shall 159 review and provide feedback as to material deficiencies in the 160 application by July 1. The applicant shall then have until 161 August 1 to resubmit a revised and final application. The 162 sponsor may approve the draft application. Except as provided 163 for a draft application, a sponsor may not charge an applicant 164 for a charter any fee for the processing or consideration of an 165 application, and a sponsor may not base its consideration or 166 approval of a final application upon the promise of future 167 payment of any kind. Before approving or denying any final 168 application, the sponsor shall allow the applicant, upon receipt 169 of written notification, at least 7 calendar days to make 170 technical or nonsubstantive corrections and clarifications, 171 including, but not limited to, corrections of grammatical, 172 typographical, and like errors or missing signatures, if such 173 errors are identified by the sponsor as cause to deny the final 174 application. 175 1. In order to facilitate an accurate budget projection 176 process, a sponsor shall be held harmless for FTE students who 177 are not included in the FTE projection due to approval of 178 charter school applications after the FTE projection deadline. 179 In a further effort to facilitate an accurate budget projection, 180 within 15 calendar days after receipt of a charter school 181 application, a sponsor shall report to the Department of 182 Education the name of the applicant entity, the proposed charter 183 school location, and its projected FTE. 184 2. In order to ensure fiscal responsibility, an application 185 for a charter school shall include a full accounting of expected 186 assets, a projection of expected sources and amounts of income, 187 including income derived from projected student enrollments and 188 from community support, and an expense projection that includes 189 full accounting of the costs of operation, including start-up 190 costs. 191 3.a. A sponsor shall by a majority vote approve or deny an 192 application no later than 60 calendar days after the application 193 is received, unless the sponsor and the applicant mutually agree 194 in writing to temporarily postpone the vote to a specific date, 195 at which time the sponsor shall by a majority vote approve or 196 deny the application. If the sponsor fails to act on the 197 application, an applicant may appeal to the State Board of 198 Education as provided in paragraph (c). If an application is 199 denied, the sponsor shall, within 10 calendar days after such 200 denial, articulate in writing the specific reasons, based upon 201 good cause, supporting its denial of thecharterapplication and 202 shall provide the letter of denial and supporting documentation 203 to the applicant and to the Department of Education. 204 b. An application submitted by a high-performing charter 205 school identified pursuant to s. 1002.331 may be denied by the 206 sponsor only if the sponsor demonstrates by clear and convincing 207 evidence that: 208 (I) The application does not materially comply with the 209 requirements in paragraph (a); 210 (II) The charter school proposed in the application does 211 not materially comply with the requirements in paragraphs 212 (9)(a)-(f); 213 (III) The proposed charter school’s educational program 214 does not substantially replicate that of the applicant or one of 215 the applicant’s high-performing charter schools; 216 (IV) The applicant has made a material misrepresentation or 217 false statement or concealed an essential or material fact 218 during the application process; or 219 (V) The proposed charter school’s educational program and 220 financial management practices do not materially comply with the 221 requirements of this section. 222 223 Material noncompliance is a failure to follow requirements or a 224 violation of prohibitions applicable to charter school 225 applications, which failure is quantitatively or qualitatively 226 significant either individually or when aggregated with other 227 noncompliance. An applicant is considered to be replicating a 228 high-performing charter school if the proposed school is 229 substantially similar to at least one of the applicant’s high 230 performing charter schools and the organization or individuals 231 involved in the establishment and operation of the proposed 232 school are significantly involved in the operation of replicated 233 schools. 234 c. If the sponsor denies an application submitted by a 235 high-performing charter school, the sponsor must, within 10 236 calendar days after such denial, state in writing the specific 237 reasons, based upon the criteria in sub-subparagraph b., 238 supporting its denial of the application and must provide the 239 letter of denial and supporting documentation to the applicant 240 and to the Department of Education. The applicant may appeal the 241 sponsor’s denial of the applicationdirectlyto the State Board 242 of Education pursuant to paragraph (c) and must provide the 243 sponsor with a copy of the appealsub-subparagraph (c)3.b. 244 4. For budget projection purposes, the sponsor shall report 245 to the Department of Education the approval or denial of ana246charterapplication within 10 calendar days after such approval 247 or denial. In the event of approval, the report to the 248 Department of Education shall include the final projected FTE 249 for the approved charter school. 250 5. Upon approval of anacharterapplication, the initial 251 startup shall commence with the beginning of the public school 252 calendar for the district in which the charter is granted unless 253 the sponsor allows a waiver of this subparagraph for good cause. 254 (c)1. An applicant may appeal any denial of that 255 applicant’s application or failure to act on an application to 256 the State Board of Education withinno later than30 calendar 257 days after receipt of the sponsor’s decision or failure to act 258 and shall notify the sponsor of its appeal. Any response of the 259 sponsor shall be submitted to the State Board of Education 260 within 30 calendar days after notification of the appeal. Upon 261 receipt of notification from the State Board of Education that a 262 charter school applicant is filing an appeal, the Commissioner 263 of Education shall convene a meeting of the Charter School 264 Appeal Commission to study and make recommendations to the State 265 Board of Education regarding its pending decision about the 266 appeal. The commission shall forward its recommendation to the 267 state board at least 7 calendar days before the date on which 268 the appeal is to be heard. An appeal regarding the denial of an 269 application submitted by a high-performing charter school 270 pursuant to s. 1002.331 shall be conducted by the State Board of 271 Education in accordance with this paragraph, except that the 272 commission shall not convene to make recommendations regarding 273 the appeal. However, the Commissioner of Education shall review 274 the appeal and make a recommendation to the state board. 275 2. The Charter School Appeal Commission or, in the case of 276 an appeal regarding an application submitted by a high 277 performing charter school, the State Board of Education may 278 reject an appeal submission for failure to comply with 279 procedural rules governing the appeals process. The rejection 280 shall describe the submission errors. The appellant shall have 281 15 calendar days after notice of rejection in which to resubmit 282 an appeal that meets the requirements set forth in State Board 283 of Education rule. An appeal submitted subsequent to such 284 rejection is considered timely if the original appeal was filed 285 within 30 calendar days after receipt of notice of the specific 286 reasons for the sponsor’s denial of thecharterapplication. 287 3.a. The State Board of Education shall by majority vote 288 accept or reject the decision of the sponsor no later than 90 289 calendar days after an appeal is filed in accordance with State 290 Board of Education rule. The State Board of Education shall 291 remand the application to the sponsor with its written decision 292 that the sponsor approve or deny the application. The sponsor 293 shall implement the decision of the State Board of Education. 294 The decision of the State Board of Education is not subject to 295 the provisions of the Administrative Procedure Act, chapter 120. 296 b. If an appeal concerns an application submitted by a 297 high-performing charter school identified pursuant to s. 298 1002.331, the State Board of Education shall determine whether 299 the sponsor’s denial of the application complies with the 300 requirements in sub-subparagraph (b)3.b.sponsor has shown, by301clear and convincing evidence, that:302(I) The application does not materially comply with the303requirements in paragraph (a);304(II) The charter school proposed in the application does305not materially comply with the requirements in paragraphs306(9)(a)-(f);307(III) The proposed charter school’s educational program308does not substantially replicate that of the applicant or one of309the applicant’s high-performing charter schools;310(IV) The applicant has made a material misrepresentation or311false statement or concealed an essential or material fact312during the application process; or313(V) The proposed charter school’s educational program and314financial management practices do not materially comply with the315requirements of this section.316 317 The State Board of Education shall approve or reject the 318 sponsor’s denial of an application no later than 90 calendar 319 days after an appeal is filed in accordance with State Board of 320 Education rule. The State Board of Education shall remand the 321 application to the sponsor with its written decision that the 322 sponsor approve or deny the application. The sponsor shall 323 implement the decision of the State Board of Education. The 324 decision of the State Board of Education is not subject to the 325 Administrative Procedure Act, chapter 120. 326 (7) CHARTER.—The major issues involving the operation of a 327 charter school shall be considered in advance and written into 328 the charter. The charter shall be signed by the governing board 329 of the charter school and the sponsor, following a public 330 hearing to ensure community input. 331 (a) The charter shall address and criteria for approval of 332 the charter shall be based on: 333 1. The school’s mission, the students to be served, and the 334 ages and grades to be included. 335 2. The focus of the curriculum, the instructional methods 336 to be used, any distinctive instructional techniques to be 337 employed, and identification and acquisition of appropriate 338 technologies needed to improve educational and administrative 339 performance which include a means for promoting safe, ethical, 340 and appropriate uses of technology which comply with legal and 341 professional standards. 342 a. The charter shall ensure that reading is a primary focus 343 of the curriculum and that resources are provided to identify 344 and provide specialized instruction for students who are reading 345 below grade level. The curriculum and instructional strategies 346 for reading must be consistent with the Next Generation Sunshine 347 State Standards and grounded in scientifically based reading 348 research. 349 b. In order to provide students with access to diverse 350 instructional delivery models, to facilitate the integration of 351 technology within traditional classroom instruction, and to 352 provide students with the skills they need to compete in the 353 21st century economy, the Legislature encourages instructional 354 methods for blended learning courses consisting of both 355 traditional classroom and online instructional techniques. 356 Charter schools may implement blended learning courses which 357 combine traditional classroom instruction and virtual 358 instruction. Students in a blended learning course must be full 359 time students of the charter school and receive the online 360 instruction in a classroom setting at the charter school. 361 Instructional personnel certified pursuant to s. 1012.55 who 362 provide virtual instruction for blended learning courses may be 363 employees of the charter school or may be under contract to 364 provide instructional services to charter school students. At a 365 minimum, such instructional personnel must hold an active state 366 or school district adjunct certification under s. 1012.57 for 367 the subject area of the blended learning course. The funding and 368 performance accountability requirements for blended learning 369 courses are the same as those for traditional courses. 370 3. The current incoming baseline standard of student 371 academic achievement, the outcomes to be achieved, and the 372 method of measurement that will be used. The criteria listed in 373 this subparagraph shall include a detailed description of: 374 a. How the baseline student academic achievement levels and 375 prior rates of academic progress will be established. 376 b. How these baseline rates will be compared to rates of 377 academic progress achieved by these same students while 378 attending the charter school. 379 c. To the extent possible, how these rates of progress will 380 be evaluated and compared with rates of progress of other 381 closely comparable student populations. 382 383 The district school board is required to provide academic 384 student performance data to charter schools for each of their 385 students coming from the district school system, as well as 386 rates of academic progress of comparable student populations in 387 the district school system. 388 4. The methods used to identify the educational strengths 389 and needs of students and how well educational goals and 390 performance standards are met by students attending the charter 391 school. The methods shall provide a means for the charter school 392 to ensure accountability to its constituents by analyzing 393 student performance data and by evaluating the effectiveness and 394 efficiency of its major educational programs. Students in 395 charter schools shall, at a minimum, participate in the 396 statewide assessment program created under s. 1008.22. 397 5. In secondary charter schools, a method for determining 398 that a student has satisfied the requirements for graduation in 399 s. 1002.3105(5), s. 1003.4281, or s. 1003.4282. 400 6. A method for resolving conflicts between the governing 401 board of the charter school and the sponsor. 402 7. The admissions procedures and dismissal procedures, 403 including the school’s code of student conduct. 404 8. The ways by which the school will achieve a 405 racial/ethnic balance reflective of the community it serves or 406 within the racial/ethnic range of other public schools in the 407 same school district. 408 9. The financial and administrative management of the 409 school, including a reasonable demonstration of the professional 410 experience or competence of those individuals or organizations 411 applying to operate the charter school or those hired or 412 retained to perform such professional services and the 413 description of clearly delineated responsibilities and the 414 policies and practices needed to effectively manage the charter 415 school. A description of internal audit procedures and 416 establishment of controls to ensure that financial resources are 417 properly managed must be included. Both public sector and 418 private sector professional experience shall be equally valid in 419 such a consideration. 420 10. The asset and liability projections required in the 421 application which are incorporated into the charter and shall be 422 compared with information provided in the annual report of the 423 charter school. 424 11. A description of procedures that identify various risks 425 and provide for a comprehensive approach to reduce the impact of 426 losses; plans to ensure the safety and security of students and 427 staff; plans to identify, minimize, and protect others from 428 violent or disruptive student behavior; and the manner in which 429 the school will be insured, including whether or not the school 430 will be required to have liability insurance, and, if so, the 431 terms and conditions thereof and the amounts of coverage. 432 12. The term of the charter which shall provide for 433 cancellation of the charter if insufficient progress has been 434 made in attaining the student achievement objectives of the 435 charter and if it is not likely that such objectives can be 436 achieved before expiration of the charter. The initial term of 437 theacharter is eithershall be for4 years or 5 years.In438order to facilitate access to long-term financial resources for439charter school construction,Charter schools that are operated 440 by a municipality or other public entity, as provided by law, or 441 a private, not-for-profit corporation granted 501(c)(3) status 442 by the Internal Revenue Service are eligible for up to a 15-year 443 charter, subject to approval by the district school board. A 444 charter lab school is also eligible for a charter for a term of 445 up to 15 years.In addition, to facilitate access to long-term446financial resources for charter school construction, charter447schools that are operated by a private, not-for-profit, s.448501(c)(3) status corporation are eligible for up to a 15-year449charter, subject to approval by the district school board.Such 450 long-term charters remain subject to annual review and may be 451 terminated during the term of the charter, but only according to 452the provisions set forth insubsection (8) or paragraph (9)(n). 453 13. Termination or nonrenewal of the charter pursuant to 454 subsection (8) or paragraph (9)(n). 455 14.13.The facilities to be used and their location. The 456 sponsor may not require a charter school to have a certificate 457 of occupancy or a temporary certificate of occupancy for such a 458 facility earlier than 15 calendar days before the first day of 459 school. 460 15.14.The qualifications to be required of the teachers 461 and the potential strategies used to recruit, hire, train, and 462 retain qualified staff to achieve best value. 463 16.15.The governance structure of the school, including 464 the status of the charter school as a public or private employer 465 as required in paragraph (12)(i). 466 17.16.A timetable for implementing the charter which 467 addresses the implementation of each element thereof and the 468 date by which the charter shall be awarded in order to meet this 469 timetable. 470 18.17.In the case of an existing public school that is 471 being converted to charter status, alternative arrangements for 472 current students who choose not to attend the charter school and 473 for current teachers who choose not to teach in the charter 474 school after conversion in accordance with the existing 475 collective bargaining agreement or district school board rule in 476 the absence of a collective bargaining agreement. However, 477 alternative arrangements shall not be required for current 478 teachers who choose not to teach in a charter lab school, except 479 as authorized by the employment policies of the state university 480 which grants the charter to the lab school. 481 19.18.Full disclosure of the identity of all relatives 482 employed by the charter school who are related to the charter 483 school owner, president, chairperson of the governing board of 484 directors, superintendent, governing board member, principal, 485 assistant principal, or any other person employed by the charter 486 school who has equivalent decisionmaking authority. For the 487 purpose of this subparagraph, the term “relative” means father, 488 mother, son, daughter, brother, sister, uncle, aunt, first 489 cousin, nephew, niece, husband, wife, father-in-law, mother-in 490 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, 491 stepfather, stepmother, stepson, stepdaughter, stepbrother, 492 stepsister, half brother, or half sister. 493 20.19.Implementation of the activities authorized under s. 494 1002.331 by the charter school when it satisfies the eligibility 495 requirements for a high-performing charter school. A high 496 performing charter school shall notify its sponsor in writing by 497 March 1 if it intends to increase enrollment or expand grade 498 levels the following school year. The written notice shall 499 specify the amount of the enrollment increase and the grade 500 levels that will be added, as applicable. 501 (b)1. A charter may be renewed provided that a program 502 review demonstrates that the criteria in paragraph (a) have been 503 successfully accomplished and that none of the grounds for 504 nonrenewal established by paragraph (8)(a) has been documented. 505In order to facilitate long-term financing for charter school506construction,Charter schools operating for a minimum of 3 years 507 and demonstrating exemplary academic programming and fiscal 508 management are eligible for a 15-year charter renewal. Such 509 long-term charter is subject to annual review and may be 510 terminated during the term of the charter. 511 2. The 15-year charter renewal that may be granted pursuant 512 to subparagraph 1. shall be granted to a charter school that has 513 received a school grade of “A” or “B” pursuant to s. 1008.34 in 514 3 of the past 4 years and is not in a state of financial 515 emergency or deficit position as defined by this section. Such 516 long-term charter is subject to annual review and may be 517 terminated during the term of the charter pursuant to subsection 518 (8). 519 (c) A charter may be modified during its initial term or 520 any renewal term upon the recommendation of the sponsor or the 521 charter school’s governing board and the approval of both 522 parties to the agreement. Modification may include, but is not 523 limited to, consolidation of multiple charters into a single 524 charter if the charters are operated under the same governing 525 board and physically located on the same campus, regardless of 526 the renewal cycle. 527(d)1. Each charter school’s governing board must appoint a528representative to facilitate parental involvement, provide529access to information, assist parents and others with questions530and concerns, and resolve disputes. The representative must531reside in the school district in which the charter school is532located and may be a governing board member, charter school533employee, or individual contracted to represent the governing534board. If the governing board oversees multiple charter schools535in the same school district, the governing board must appoint a536separate individual representative for each charter school in537the district. The representative’s contact information must be538provided annually in writing to parents and posted prominently539on the charter school’s website if a website is maintained by540the school. The sponsor may not require that governing board541members reside in the school district in which the charter542school is located if the charter school complies with this543paragraph.5442. Each charter school’s governing board must hold at least545two public meetings per school year in the school district. The546meetings must be noticed, open, and accessible to the public,547and attendees must be provided an opportunity to receive548information and provide input regarding the charter school’s549operations. The appointed representative and charter school550principal or director, or his or her equivalent, must be551physically present at each meeting.552 (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.— 553 (e) When a charter is not renewed or is terminated or when 554 a charter school is closed voluntarily by the operator, the 555 school shall be dissolved under the provisions of law under 556 which the school was organized, and any unencumbered public 557 funds, except for capital outlay funds and federal charter 558 school program grant funds, from the charter school shall revert 559 to the sponsor. Capital outlay funds provided pursuant to s. 560 1013.62 and federal charter school program grant funds that are 561 unencumbered shall revert to the department to be redistributed 562 among eligible charter schools. In the event a charter school is 563 dissolved or is otherwise terminated, all district school board 564 property and improvements, furnishings, and equipment purchased 565 with public funds shall automatically revert to full ownership 566 by the district school board, subject to complete satisfaction 567 of any lawful liens or encumbrances. Any unencumbered public 568 funds from the charter school, district school board property 569 and improvements, furnishings, and equipment purchased with 570 public funds, or financial or other records pertaining to the 571 charter school, in the possession of any person, entity, or 572 holding company, other than the charter school, shall be held in 573 trust upon the district school board’s request, until any appeal 574 status is resolved. 575 (f) If a charter is not renewed or is terminated or a 576 charter school is closed voluntarily by the operator, the 577 charter school is responsible for all debts of the charter 578 school. The district may not assume the debt from any contract 579 made between the governing body of the school and a third party, 580 except for a debt that is previously detailed and agreed upon in 581 writing by both the district and the governing body of the 582 school and that may not reasonably be assumed to have been 583 satisfied by the district. 584 (g) If a charter is not renewed or is terminated, a student 585 who attended the school may apply to, and shall be enrolled in, 586 another public school. Normal application deadlines shall be 587 disregarded under such circumstances. 588 (h) The governing board of a charter school that closes 589 voluntarily shall notify the sponsor and the department in 590 writing within 7 calendar days of its decision to cease 591 operations. The notice must state the reasons for the closure 592 and acknowledge that the governing board agrees to follow the 593 procedures for dissolution and reversion of public funds 594 specified in this subsection and paragraph (9)(o). 595 (i) For a high-performing charter school that is having the 596 charter agreement renewed, the charter contract, as that 597 contract exists on the day the term of the contract is to 598 terminate, must be automatically renewed for 15 years if the 599 charter school governing board and sponsor have not executed the 600 renewal before the term of the charter agreement is scheduled to 601 expire. 602 (9) CHARTER SCHOOL REQUIREMENTS.— 603 (g)1. In order to provide financial information that is 604 comparable to that reported for other public schools, charter 605 schools are to maintain all financial records that constitute 606 their accounting system: 607 a. In accordance with the accounts and codes prescribed in 608 the most recent issuance of the publication titled “Financial 609 and Program Cost Accounting and Reporting for Florida Schools”; 610 or 611 b. At the discretion of the charter school’s governing 612 board, a charter school may elect to follow generally accepted 613 accounting standards for not-for-profit organizations, but must 614 reformat this information for reporting according to this 615 paragraph. 616 2. Charter schools shall provide annual financial report 617 and program cost report information in the state-required 618 formats for inclusion in district reporting in compliance with 619 s. 1011.60(1). Charter schools that are operated by a 620 municipality or are a component unit of a parent nonprofit 621 organization may use the accounting system of the municipality 622 or the parent but must reformat this information for reporting 623 according to this paragraph. 624 3. A charter school shall, upon execution of the contract, 625 provide the sponsor with a concise, uniform, monthly financial 626 statement summary sheet that contains a balance sheet and a 627 statement of revenue, expenditures, and changes in fund balance. 628 The balance sheet and the statement of revenue, expenditures, 629 and changes in fund balance shall be in the governmental funds 630 format prescribed by the Governmental Accounting Standards 631 Board. A high-performing charter school pursuant to s. 1002.331 632 may provide a quarterly financial statement in the same format 633 and requirements as the uniform monthly financial statement 634 summary sheet. The sponsor shall review each monthly financial 635 statement, to identify the existence of any conditions 636 identified in s. 1002.345 (1)(a). 637 4. A charter school shall maintain and provide financial 638 information as required in this paragraph. The financial 639 statement required in subparagraph 3. must be in a form 640 prescribed by the Department of Education. 641 (n)1. The director and a representative of the governing 642 board of a charter school that has earned a grade of “D” or “F” 643 pursuant to s. 1008.34 shall appear before the sponsor to 644 present information concerning each contract component having 645 noted deficiencies. The director and a representative of the 646 governing board shall submit to the sponsor for approval a 647 school improvement plan to raise student performance. Upon 648 approval by the sponsor, the charter school shall begin 649 implementation of the school improvement plan. The department 650 shall offer technical assistance and training to the charter 651 school and its governing board and establish guidelines for 652 developing, submitting, and approving such plans. 653 2.a. If a charter school earns three consecutive grades of 654 “D,” two consecutive grades of “D” followed by a grade of “F,” 655 or two nonconsecutive grades of “F” within a 3-year period, the 656 charter school governing board shall choose one of the following 657 corrective actions: 658 (I) Contract for educational services to be provided 659 directly to students, instructional personnel, and school 660 administrators, as prescribed in state board rule; 661 (II) Contract with an outside entity that has a 662 demonstrated record of effectiveness to operate the school; 663 (III) Reorganize the school under a new director or 664 principal who is authorized to hire new staff; or 665 (IV) Voluntarily close the charter school. 666 b. The charter school must implement the corrective action 667 in the school year following receipt of a third consecutive 668 grade of “D,” a grade of “F” following two consecutive grades of 669 “D,” or a second nonconsecutive grade of “F” within a 3-year 670 period. 671 c. The sponsor may annually waive a corrective action if it 672 determines that the charter school is likely to improve a letter 673 grade if additional time is provided to implement the 674 intervention and support strategies prescribed by the school 675 improvement plan. Notwithstanding this sub-subparagraph, a 676 charter school that earns a second consecutive grade of “F” is 677 subject to subparagraph 4. 678 d. A charter school is no longer required to implement a 679 corrective action if it improves by at least one letter grade. 680 However, the charter school must continue to implement 681 strategies identified in the school improvement plan. The 682 sponsor must annually review implementation of the school 683 improvement plan to monitor the school’s continued improvement 684 pursuant to subparagraph 5. 685 e. A charter school implementing a corrective action that 686 does not improve by at least one letter grade after 2 full 687 school years of implementing the corrective action must select a 688 different corrective action. Implementation of the new 689 corrective action must begin in the school year following the 690 implementation period of the existing corrective action, unless 691 the sponsor determines that the charter school is likely to 692 improve a letter grade if additional time is provided to 693 implement the existing corrective action. Notwithstanding this 694 sub-subparagraph, a charter school that earns a second 695 consecutive grade of “F” while implementing a corrective action 696 is subject to subparagraph 4. 697 3. A charter school with a grade of “D” or “F” that 698 improves by at least one letter grade must continue to implement 699 the strategies identified in the school improvement plan. The 700 sponsor must annually review implementation of the school 701 improvement plan to monitor the school’s continued improvement 702 pursuant to subparagraph 5. 703 4. A charter school’s charter is automatically terminated 704 if the school earns two consecutive grades of “F” after all 705 school grade appeals are finalThe sponsor shall terminate a706charter if the charter school earns two consecutive grades of707“F”unless: 708 a. The charter school is established to turn around the 709 performance of a district public school pursuant to s. 710 1008.33(4)(b)3. Such charter schools shall be governed by s. 711 1008.33; 712 b. The charter school serves a student population the 713 majority of which resides in a school zone served by a district 714 public school that earned a grade of “F” in the year before the 715 charter school opened and the charter school earns at least a 716 grade of “D” in its third year of operation. The exception 717 provided under this sub-subparagraph does not apply to a charter 718 school in its fourth year of operation and thereafter; or 719 c. The state board grants the charter school a waiver of 720 termination. The charter school must request the waiver within 721 15 days after the department’s official release of school 722 grades. The state board may waive termination if the charter 723 school demonstrates that the Learning Gains of its students on 724 statewide assessments are comparable to or better than the 725 Learning Gains of similarly situated students enrolled in nearby 726 district public schools. The waiver is valid for 1 year and may 727 only be granted once. Charter schools that have been in 728 operation for more than 5 years are not eligible for a waiver 729 under this sub-subparagraph. 730 731 The sponsor shall notify in writing the charter school’s 732 governing board, the charter school principal, and the 733 department when a charter is terminated under this subparagraph. 734 A charter terminated under this subparagraph is governed by the 735 requirements of paragraphs (8)(e)-(g) and paragraph (o) of this 736 subsection. 737 5. The director and a representative of the governing board 738 of a graded charter school that has implemented a school 739 improvement plan under this paragraph shall appear before the 740 sponsor at least once a year to present information regarding 741 the progress of intervention and support strategies implemented 742 by the school pursuant to the school improvement plan and 743 corrective actions, if applicable. The sponsor shall communicate 744 at the meeting, and in writing to the director, the services 745 provided to the school to help the school address its 746 deficiencies. 747 6. Notwithstanding any provision of this paragraph except 748 sub-subparagraphs 4.a.-c., the sponsor may terminate the charter 749 at any time pursuant to subsection (8). 750 (p)1. Each charter school shall maintain a website that 751 enables the public to obtain information regarding the school; 752 the school’s academic performance; the names of the governing 753 board members; the programs at the school; any management 754 companies, service providers, or education management 755 corporations associated with the school; the school’s annual 756 budget and its annual independent fiscal audit; the school’s 757 grade pursuant to s. 1008.34; and, on a quarterly basis, the 758 minutes of governing board meetings. 759 2. Each charter school’s governing board shall appoint a 760 representative to facilitate parental involvement, provide 761 access to information, assist parents and others with questions 762 and concerns, and resolve disputes. The representative must 763 reside in the school district in which the charter school is 764 located and may be a governing board member, charter school 765 employee, or individual contracted to represent the governing 766 board. If the governing board oversees multiple charter schools 767 in the same school district, the governing board must appoint a 768 separate individual representative for each charter school in 769 the district. The representative’s contact information must be 770 provided annually, in writing, to parents and posted prominently 771 on the charter school’s website. The sponsor may not require 772 that governing board members reside in the school district in 773 which the charter school is located if the charter school 774 complies with this paragraph. 775 3. Each charter school’s governing board must hold at least 776 two public meetings per school year in the school district where 777 the charter school is located. The meetings must be noticed, 778 open, and accessible to the public, and attendees must be 779 provided an opportunity to receive information and provide input 780 regarding the charter school’s operations. The appointed 781 representative and charter school principal or director, or his 782 or her equivalent, must be physically present at each meeting. 783 (13) CHARTER SCHOOL COOPERATIVES.—Charter schools may enter 784 into cooperative agreements with other charter schools or 785 educational institutions to form charter school cooperative 786 organizations that may providethe followingservices to further 787 educational, enrollment, operational, and administrative 788 initiatives in which the participating charter schools share 789 common interests: charter school planning and development,790direct instructional services, and contracts with charter school791governing boards to provide personnel administrative services,792payroll services, human resource management, evaluation and793assessment services, teacher preparation, and professional794development. 795 (17) FUNDING.—Students enrolled in a charter school, 796 regardless of the sponsorship, shall be funded as if they are in 797 a basic program or a special program, the same as students 798 enrolled in other public schools in the school district. Funding 799 for a charter lab school shall be as provided in s. 1002.32. 800 (e) District school boards shall make timely and efficient 801 payment and reimbursement to charter schools, including 802 processing paperwork required to access special state and 803 federal funding for which they may be eligible. The district 804 school board may distribute funds to a charter school for up to 805 3 months based on the projected full-time equivalent student 806 membership of the charter school. Thereafter, the results of 807 full-time equivalent student membership surveys shall be used in 808 adjusting the amount of funds distributed monthly to the charter 809 school for the remainder of the fiscal year. The payment shall 810 be issued no later than 10 working days after the district 811 school board receives a distribution of state or federal funds. 812 If a warrant for payment is not issued within 10 working days 813 after receipt of funding by the district school board, the 814 school district shall pay to the charter school, in addition to 815 the amount of the scheduled disbursement, interest at a rate of 816 1 percent per month calculated on a daily basis on the unpaid 817 balance from the expiration of the 10 working days until such 818 time as the warrant is issued. The district school board may not 819 delay payment to a charter school of any portion of the funds 820 provided in paragraph (b) based on the timing of receipt of 821 local funds by the district school board. 822 (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.— 823 (a) The Department of Education shall provide information 824 to the public, directly and through sponsors, on how to form and 825 operate a charter school and how to enroll in a charter school 826 once it is created. This information shall include a standard 827modelapplication form, standard charter contract, standard 828 application evaluation instrument, and standard charter renewal 829 contract, which shall include the information specified in 830 subsection (7) and shall be developed by consulting and 831 negotiating with both school districts and charter schools 832 before implementation. The charter and charter renewal contracts 833 shall be used by charter school sponsors. 834 Section 3. Paragraph (e) of subsection (2) and subsection 835 (5) of section 1002.331, Florida Statutes, are amended to read: 836 1002.331 High-performing charter schools.— 837 (2) A high-performing charter school is authorized to: 838 (e) Receive a modification of its charter to a term of 15 839 years or a 15-year charter renewal. The charter may be modified 840 or renewed for a shorter term at the option of the high 841 performing charter school. The charter must be consistent with 842 s. 1002.33(7)(a)20.s. 1002.33(7)(a)19.and (10)(h) and (i), is 843 subject to annual review by the sponsor, and may be terminated 844 during its term pursuant to s. 1002.33(8). 845 846 A high-performing charter school shall notify its sponsor in 847 writing by March 1 if it intends to increase enrollment or 848 expand grade levels the following school year. The written 849 notice shall specify the amount of the enrollment increase and 850 the grade levels that will be added, as applicable. If a charter 851 school notifies the sponsor of its intent to expand, the sponsor 852 shall modify the charter within 90 days to include the new 853 enrollment maximum and may not make any other changes. The 854 sponsor may deny a request to increase the enrollment of a high 855 performing charter school if the commissioner has declassified 856 the charter school as high-performing. If a high-performing 857 charter school requests to consolidate multiple charters, the 858 sponsor shall have 40 days after receipt of that request to 859 provide an initial draft charter to the charter school. The 860 sponsor and charter school shall have 50 days thereafter to 861 negotiate and notice the charter contract for final approval by 862 the sponsor. 863 (5) The Commissioner of Education, upon request by a 864 charter school, shall verify that the charter school meets the 865 criteria in subsection (1) and provide a letter to the charter 866 school and the sponsor stating that the charter school is a 867 high-performing charter school pursuant to this section. The 868 commissioner shall annually determine whether a high-performing 869 charter school under subsection (1) continues to meet the 870 criteria in that subsection. Such high-performing charter school 871 shall maintain its high-performing status unless the 872 commissioner determines that the charter school no longer meets 873 the criteria in subsection (1), at which time the commissioner 874 shall send a letter to the charter school and its sponsor 875 providing notification that the charter school has been 876 declassifiedof its declassificationas a high-performing 877 charter school. 878 Section 4. Paragraph (a) of subsection (8) of section 879 1002.37, Florida Statutes, is amended to read: 880 1002.37 The Florida Virtual School.— 881 (8)(a) The Florida Virtual School may provide full-time and 882 part-time instruction for students in kindergarten through grade 883 12.To receive part-time instruction in kindergarten through884grade 5, a student must meet at least one of the eligibility885criteria in s. 1002.455(2).886 Section 5. Subsection (5) and paragraphs (c) and (d) of 887 subsection (8) of section 1002.45, Florida Statutes, are amended 888 to read: 889 1002.45 Virtual instruction programs.— 890 (5) STUDENT ELIGIBILITY.—Students in kindergarten through 891 grade 12A studentmay enroll in a virtual instruction program 892 provided by the school district or by a virtual charter school 893 operated in the district in which he or she residesif the894student meets eligibility requirements for virtual instruction895pursuant to s. 1002.455. 896 (8) ASSESSMENT AND ACCOUNTABILITY.— 897 (c) An approved provider that receives a school grade of 898 “D” or “F” under s. 1008.34 or a school improvement rating of 899 “Unsatisfactory”“Declining”under s. 1008.341 must file a 900 school improvement plan with the department for consultation to 901 determine the causes for low performance and to develop a plan 902 for correction and improvement. 903 (d) An approved provider’s contract is automaticallymust904beterminated if the provider earns two consecutive school 905 grades ofreceives a school grade of “D” or“F” under s. 906 1008.34, receives two consecutiveor aschool improvement 907 ratingsratingof “Unsatisfactory”“Declining”under s. 908 1008.341,for 2 years during any consecutive 4-year periodor 909 has violated any qualification requirement pursuant to 910 subsection (2). A provider that has a contract terminated under 911 this paragraph may not be an approved provider for a period of 912 at least 1 year after the date upon which the contract was 913 terminated and until the department determines that the provider 914 is in compliance with subsection (2) and has corrected each 915 cause of the provider’s low performance. 916 Section 6. Section 1002.455, Florida Statutes, is repealed. 917 Section 7. Subsection (2) of section 1003.498, Florida 918 Statutes, is amended to read: 919 1003.498 School district virtual course offerings.— 920 (2) School districts may offer virtual courses for students 921 enrolled in the school district. These courses must be 922 identified in the course code directory.Students who meet the923eligibility requirements of s. 1002.455 may participate in these924virtual course offerings.925 (a) Any eligible student who is enrolled in a school 926 district may register and enroll in an online course offered by 927 his or her school district. 928 (b)1. Any eligible student who is enrolled in a school 929 district may register and enroll in an online course offered by 930 any other school district in the state. The school district in 931 which the student completes the course shall report the 932 student’s completion of that course for funding pursuant to s. 933 1011.61(1)(c)1.b.(VI), and the home school district shall not 934 report the student for funding for that course. 935 2. The full-time equivalent student membership calculated 936 under this subsection is subject to the requirements in s. 937 1011.61(4). The Department of Education shall establish 938 procedures to enable interdistrict coordination for the delivery 939 and funding of this online option. 940 Section 8. Section 1003.5711, Florida Statutes, is created 941 to read: 942 1003.5711 Instruction for students receiving hospitalized 943 program services.— 944 (1) A public school student in prekindergarten through 945 grade 12 who is deemed eligible for hospitalized program 946 services in this state is considered a student with a 947 disability. 948 (a) If the student has an individual education plan (IEP), 949 the IEP must be followed, but upon request of the student’s 950 parent, the IEP may be modified to accommodate the student’s use 951 of hospitalized program services in a children’s hospital 952 pursuant to this section. 953 (b) The student’s IEP may be modified to reduce the 954 student’s course load to core courses identified in s. 955 1002.20(19)(a). The student may be excused or exempted from 956 physical education classes or instruction based on the IEP or 957 orders from the student’s medical doctor. The student’s IEP may 958 allow the student to receive instruction beyond the normal 959 school hours, school day, or school year of the school district. 960 (2) A student who is admitted to a children’s hospital for 961 hospitalized program services must continue to receive 962 educational instruction. 963 (a) If a student is expected to be absent from school and 964 admitted to the children’s hospital for hospitalized program 965 services for at least 15 consecutive days, no later than the 966 fifth day of the student’s hospital stay, the school district in 967 which the student is or was most recently enrolled may choose to 968 provide a certified teacher to the children’s hospital to 969 provide instruction to the student. If that school district 970 declines to provide a certified teacher, the school district in 971 which the children’s hospital is located must provide a 972 certified teacher to provide the student with instruction, or 973 must partner with the Florida Virtual School for instructional 974 services as authorized in this section. Such school district 975 shall also provide the student’s instructional materials and 976 other necessary educational support and services identified in 977 the IEP. 978 (b) A student in prekindergarten through grade 6 shall be 979 taught in person by the certified teacher. A student in grades 7 980 through 12 shall be taught in person by the certified teacher, 981 or the student may choose to utilize instruction from the 982 Florida Virtual School. If the Florida Virtual School is used by 983 any student, at least one certified teacher from the Florida 984 Virtual School must be present at the hospital to assist with 985 online learning. 986 (3) If a school district other than the one in which the 987 student was previously enrolled provides the hospitalized 988 program services, the Department of Education must transfer the 989 funds from the school district in which the student was 990 previously enrolled to the school district in which the 991 children’s hospital providing hospitalized program services is 992 located. This transfer shall occur no later than each subsequent 993 quarterly FEFP payment. 994 (4) The children’s hospital providing the hospitalized 995 program services is responsible for providing adequate 996 educational space for each student, but is not required to 997 comply with chapter 1013. The hospital and applicable school 998 district must enter into an agreement to implement this section. 999 The agreement may be student-specific or address all students as 1000 necessary. 1001 (5) The intent of this section is to supplement existing 1002 laws, rules, and regulations concerning hospitalized students 1003 that use hospitalized program services at a children’s hospital. 1004 Section 9. Section 1004.6491, Florida Statutes, is created 1005 to read: 1006 1004.6491 Florida Institute for Charter School Innovation.— 1007 (1) There is established the Florida Institute for Charter 1008 School Innovation within the Florida State University. The 1009 purpose of the institute is to advance charter school 1010 accountability, quality, and innovation; provide support and 1011 technical assistance to charter school applicants; connect 1012 aspiring teachers to opportunities to experience teaching in 1013 schools of choice; and conduct research and develop and promote 1014 best practices for charter school authorization, financing, 1015 management, operations, and instructional practices. 1016 (2) The institute shall: 1017 (a) Conduct research to inform both policy and practice 1018 related to charter school accountability, financing, management, 1019 operations, and instructional practices. 1020 (b) Partner with state-approved teacher preparation 1021 programs in this state to provide opportunities for aspiring 1022 teachers to experience teaching in schools of choice. 1023 (c) Provide technical assistance and support to charter 1024 school applicants with innovative charter school concepts. 1025 (3) The President of the Florida State University shall 1026 appoint a director of the institute. The director is responsible 1027 for overall management of the institute and for developing and 1028 executing the work of the institute consistent with this 1029 section. The director may engage individuals in other state 1030 universities with accredited colleges of education to 1031 participate in the institute. 1032 (4) By each October 1, the institute shall provide a 1033 written report to the Governor, the President of the Senate, and 1034 the Speaker of the House of Representatives which outlines its 1035 activities in the preceding year, reports significant research 1036 findings, details expenditures of state funds, and provides 1037 specific recommendations for improving the institute’s ability 1038 to fulfil its mission and for changes to statewide charter 1039 school policy. 1040 (5) Within 180 days after completion of the institute’s 1041 fiscal year, the institute shall provide to the Auditor General, 1042 the Board of Governors of the State University System, and the 1043 State Board of Education a report on the results of an annual 1044 financial audit conducted by an independent certified public 1045 accountant in accordance with s. 11.45. 1046 Section 10. Subsection (11) of section 1011.62, Florida 1047 Statutes, is amended to read: 1048 1011.62 Funds for operation of schools.—If the annual 1049 allocation from the Florida Education Finance Program to each 1050 district for operation of schools is not determined in the 1051 annual appropriations act or the substantive bill implementing 1052 the annual appropriations act, it shall be determined as 1053 follows: 1054 (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may 1055 annually provide in the Florida Education Finance Program a 1056 virtual education contribution. The amount of the virtual 1057 education contribution shall be the difference between the 1058 amount per FTE established in the General Appropriations Act for 1059 virtual education and the amount per FTE for each district and 1060 the Florida Virtual School, which may be calculated by taking 1061 the sum of the base FEFP allocation, the discretionary local 1062 effort, the state-funded discretionary contribution, the 1063 discretionary millage compression supplement, the research-based 1064 reading instruction allocation, and the instructional materials 1065 allocation, and then dividing by the total unweighted FTE. This 1066 difference shall be multiplied by the virtual education 1067 unweighted FTE for programs and options identified in ss. 1068 1002.33(1), 1002.45(1)(b), and 1003.498s. 1002.455(3)and the 1069 Florida Virtual School and its franchises to equal the virtual 1070 education contribution and shall be included as a separate 1071 allocation in the funding formula. 1072 Section 11. This act shall take effect July 1, 2015.