Bill Text: FL S1470 | 2019 | Regular Session | Comm Sub
Bill Title: Charter Schools
Spectrum: Bipartisan Bill
Status: (Failed) 2019-05-03 - Died in Appropriations [S1470 Detail]
Download: Florida-2019-S1470-Comm_Sub.html
Florida Senate - 2019 CS for SB 1470
By the Committee on Education; and Senator Diaz
581-03502-19 20191470c1
1 A bill to be entitled
2 An act relating to charter schools; amending s.
3 1002.33, F.S.; revising requirements for the annual
4 reports that charter school sponsors are required to
5 submit to the Department of Education; requiring the
6 Charter School Appeal Commission, which is renamed the
7 Charter School Commission, to recommend denial of a
8 charter school application if the school does not
9 propose a certain reading curriculum; specifying the
10 entities from which the commission may receive and
11 consider applications; providing that the commission
12 may recommend approval of applications to the State
13 Board of Education; providing that sponsors may appeal
14 such recommendations to the state board; providing a
15 process for the review of appeals; requiring the
16 Commissioner of Education to review appeals and make
17 recommendations to the state board; providing the
18 process for that review and for consideration by the
19 state board of the commissioner’s recommendations;
20 requiring action by the state board on the
21 recommendation within a specified timeframe; requiring
22 sponsors to implement the decision of the state board;
23 authorizing applicants to appeal to the state board
24 certain recommendations by the commission or the
25 commission’s failure to act on an application;
26 providing the process for such review and the
27 disposition of such appeals; conforming provisions to
28 changes made by the act; authorizing applicants to
29 appeal to the state board if the commission fails to
30 act on an application; requiring the commission to
31 articulate its recommendation for denial of an
32 application to the department within a specified
33 timeframe after such denial; authorizing the
34 commission to recommend denial of applications
35 submitted by certain entities, under specified
36 circumstances; requiring the commission to articulate
37 its recommendation for denial of such applications to
38 the department within a specified timeframe;
39 authorizing applicants to appeal the commission’s
40 recommendation for denial of an application;
41 authorizing sponsors to provide input regarding final
42 applications to the commission within a specified
43 timeframe; requiring the commission to consider such
44 input; requiring the commission to submit
45 recommendations for approval of charter school
46 applications to the state board; authorizing sponsors
47 to appeal to the state board such recommendations
48 within a specified timeframe after the commission’s
49 decision; requiring the Commissioner of Education to
50 review such appeals and make recommendations to the
51 state board within a specified timeframe; requiring
52 the state board to accept or reject such
53 recommendations by majority vote; requiring sponsors
54 to implement decisions of the state board; providing
55 that state board decisions are not subject to
56 specified provisions; conforming provisions to changes
57 made by the act; authorizing applicants to appeal
58 recommendations for denial of an application or the
59 failure to act on applications; requiring the state
60 board to notify the commissioner of such appeals;
61 requiring the commissioner to review such appeals and
62 make recommendations to the state board; authorizing
63 the commissioner to reject appeal submissions under
64 specified circumstances; conforming provisions to
65 changes made by the act; prohibiting specified
66 individuals and entities from submitting an
67 application to open a charter school for specified
68 periods of time; providing an exception; defining the
69 term “relative” for the purpose of applying the
70 prohibition; providing an effective date.
71
72 Be It Enacted by the Legislature of the State of Florida:
73
74 Section 1. Paragraph (b) of subsection (5) and subsection
75 (6) of section 1002.33, Florida Statutes, are amended, and
76 paragraph (r) is added to subsection (9) of that section, to
77 read:
78 1002.33 Charter schools.—
79 (5) SPONSOR; DUTIES.—
80 (b) Sponsor duties.—
81 1.a. The sponsor shall monitor and review the charter
82 school in its progress toward the goals established in the
83 charter.
84 b. The sponsor shall monitor the revenues and expenditures
85 of the charter school and perform the duties provided in s.
86 1002.345.
87 c. The sponsor may approve a charter for a charter school
88 before the applicant has identified space, equipment, or
89 personnel, if the applicant indicates approval is necessary for
90 it to raise working funds.
91 d. The sponsor shall not apply its policies to a charter
92 school unless mutually agreed to by both the sponsor and the
93 charter school. If the sponsor subsequently amends any agreed
94 upon sponsor policy, the version of the policy in effect at the
95 time of the execution of the charter, or any subsequent
96 modification thereof, shall remain in effect and the sponsor may
97 not hold the charter school responsible for any provision of a
98 newly revised policy until the revised policy is mutually agreed
99 upon.
100 e. The sponsor shall ensure that the charter is innovative
101 and consistent with the state education goals established by s.
102 1000.03(5).
103 f. The sponsor shall ensure that the charter school
104 participates in the state’s education accountability system. If
105 a charter school falls short of performance measures included in
106 the approved charter, the sponsor shall report such shortcomings
107 to the Department of Education.
108 g. The sponsor shall not be liable for civil damages under
109 state law for personal injury, property damage, or death
110 resulting from an act or omission of an officer, employee,
111 agent, or governing body of the charter school.
112 h. The sponsor shall not be liable for civil damages under
113 state law for any employment actions taken by an officer,
114 employee, agent, or governing body of the charter school.
115 i. The sponsor’s duties to monitor the charter school shall
116 not constitute the basis for a private cause of action.
117 j. The sponsor shall not impose additional reporting
118 requirements on a charter school without providing reasonable
119 and specific justification in writing to the charter school.
120 k. The sponsor shall submit an annual report to the
121 Department of Education in a web-based format to be determined
122 by the department.
123 (I) The report shall include the following information for
124 applications reviewed by the sponsor and by the Charter School
125 Commission established under subparagraph (6)(e)1., hereinafter
126 referred to as “the commission”:
127 (A) The number of draft applications received on or before
128 May 1 and each applicant’s contact information.
129 (B) The number of final applications received on or before
130 August 1 and each applicant’s contact information.
131 (C) The date each application was approved, denied, or
132 withdrawn.
133 (D) The date each final contract was executed.
134 (II) Beginning August 31, 2013, and each year thereafter,
135 the sponsor shall submit to the department the information for
136 the applications submitted the previous year.
137 (III) The department shall compile an annual report, by
138 district, and post the report on its website by November 1 of
139 each year.
140 2. Immunity for the sponsor of a charter school under
141 subparagraph 1. applies only with respect to acts or omissions
142 not under the sponsor’s direct authority as described in this
143 section.
144 3. This paragraph does not waive a district school board’s
145 sovereign immunity.
146 4. A Florida College System institution may work with the
147 school district or school districts in its designated service
148 area to develop charter schools that offer secondary education.
149 These charter schools must include an option for students to
150 receive an associate degree upon high school graduation. If a
151 Florida College System institution operates an approved teacher
152 preparation program under s. 1004.04 or s. 1004.85, the
153 institution may operate no more than one charter school that
154 serves students in kindergarten through grade 12. In
155 kindergarten through grade 8, the charter school shall implement
156 innovative blended learning instructional models in which, for a
157 given course, a student learns in part through online delivery
158 of content and instruction with some element of student control
159 over time, place, path, or pace and in part at a supervised
160 brick-and-mortar location away from home. A student in a blended
161 learning course must be a full-time student of the charter
162 school and receive the online instruction in a classroom setting
163 at the charter school. District school boards shall cooperate
164 with and assist the Florida College System institution on the
165 charter application. Florida College System institution
166 applications for charter schools are not subject to the time
167 deadlines outlined in subsection (6) and may be approved by the
168 district school board at any time during the year. Florida
169 College System institutions may not report FTE for any students
170 who receive FTE funding through the Florida Education Finance
171 Program.
172 5. A school district may enter into nonexclusive interlocal
173 agreements with federal and state agencies, counties,
174 municipalities, and other governmental entities that operate
175 within the geographical borders of the school district to act on
176 behalf of such governmental entities in the inspection,
177 issuance, and other necessary activities for all necessary
178 permits, licenses, and other permissions that a charter school
179 needs in order for development, construction, or operation. A
180 charter school may use, but may not be required to use, a school
181 district for these services. The interlocal agreement must
182 include, but need not be limited to, the identification of fees
183 that charter schools will be charged for such services. The fees
184 must consist of the governmental entity’s fees plus a fee for
185 the school district to recover no more than actual costs for
186 providing such services. These services and fees are not
187 included within the services to be provided pursuant to
188 subsection (20).
189 (6) APPLICATION PROCESS AND REVIEW.—Charter school
190 applications are subject to the following requirements:
191 (a) A person or entity seeking to open a charter school
192 shall prepare and submit an application on the standard
193 application form prepared by the Department of Education which:
194 1. Demonstrates how the school will use the guiding
195 principles and meet the statutorily defined purpose of a charter
196 school.
197 2. Provides a detailed curriculum plan that illustrates how
198 students will be provided services to attain the Sunshine State
199 Standards.
200 3. Contains goals and objectives for improving student
201 learning and measuring that improvement. These goals and
202 objectives must indicate how much academic improvement students
203 are expected to show each year, how success will be evaluated,
204 and the specific results to be attained through instruction.
205 4. Describes the reading curriculum and differentiated
206 strategies that will be used for students reading at grade level
207 or higher and a separate curriculum and strategies for students
208 who are reading below grade level. A sponsor shall deny, or the
209 commission shall recommend denial of, an application if the
210 school does not propose a reading curriculum that is consistent
211 with effective teaching strategies that are grounded in
212 scientifically based reading research.
213 5. Contains an annual financial plan for each year
214 requested by the charter for operation of the school for up to 5
215 years. This plan must contain anticipated fund balances based on
216 revenue projections, a spending plan based on projected revenues
217 and expenses, and a description of controls that will safeguard
218 finances and projected enrollment trends.
219 6. Discloses the name of each applicant, governing board
220 member, and all proposed education services providers; the name
221 and sponsor of any charter school operated by each applicant,
222 each governing board member, and each proposed education
223 services provider that has closed and the reasons for the
224 closure; and the academic and financial history of such charter
225 schools, which the sponsor or the commission, as applicable,
226 shall consider in making a final determination on deciding
227 whether to approve or deny the application.
228 7. Contains additional information that the a sponsor or
229 the commission may require, which must shall be attached as an
230 addendum to the charter school application described in this
231 paragraph.
232 8. For the establishment of a virtual charter school,
233 documents that the applicant has contracted with a provider of
234 virtual instruction services pursuant to s. 1002.45(1)(d).
235 (b) An applicant may submit an application to a sponsor or
236 to the commission pursuant to subparagraph 1. The A sponsor or
237 the commission, as applicable, shall receive and review all
238 applications for a charter school using the evaluation
239 instrument developed by the Department of Education. An
240 applicant that submits an application to the commission also
241 shall provide the application to the sponsor within 3 days after
242 its submission to the commission A sponsor shall receive and
243 consider charter school applications received on or before
244 August 1 of each calendar year for charter schools to be opened
245 at the beginning of the school district’s next school year, or
246 to be opened at a time agreed to by the applicant and the
247 sponsor. A sponsor may not refuse to receive a charter school
248 application submitted before August 1 and may receive an
249 application submitted later than August 1 if it chooses.
250 Beginning in 2018 and thereafter, A sponsor or the commission,
251 as applicable, shall receive and consider charter school
252 applications received on or before February 1 of each calendar
253 year for charter schools to be opened 18 months later at the
254 beginning of the school district’s school year, or to be opened
255 at a time determined by the applicant. A sponsor and the
256 commission may not refuse to receive a charter school
257 application submitted before February 1 and may receive an
258 application submitted later than February 1 if the sponsor or
259 the commission it chooses. A sponsor and the commission may not
260 charge an applicant for a charter any fee for the processing or
261 consideration of an application, and a sponsor and the
262 commission may not base their its consideration or approval of a
263 final application upon the promise of future payment of any
264 kind. Before approving or denying any application, the sponsor
265 or the commission, as applicable, shall allow the applicant,
266 upon receipt of written notification, at least 7 calendar days
267 to make technical or nonsubstantive corrections and
268 clarifications, including, but not limited to, corrections of
269 grammatical, typographical, and like errors or missing
270 signatures, if such errors are identified by the sponsor or the
271 commission as cause to deny the final application.
272 1. The commission may receive and consider applications
273 from:
274 a. A high-performing charter school pursuant to s.
275 1002.331.
276 b. A high-performing charter school system pursuant to s.
277 1002.332.
278 c. A hope operator pursuant to s. 1002.333.
279 2.1. In order to facilitate an accurate budget projection
280 process, a sponsor shall be held harmless for FTE students who
281 are not included in the FTE projection due to approval of
282 charter school applications after the FTE projection deadline.
283 In a further effort to facilitate an accurate budget projection,
284 within 15 calendar days after receipt of a charter school
285 application, a sponsor shall report to the Department of
286 Education the name of the applicant entity, the proposed charter
287 school location, and its projected FTE.
288 3.2. In order to ensure fiscal responsibility, an
289 application for a charter school shall include a full accounting
290 of expected assets, a projection of expected sources and amounts
291 of income, including income derived from projected student
292 enrollments and from community support, and an expense
293 projection that includes full accounting of the costs of
294 operation, including start-up costs.
295 4.a.3.a. A sponsor shall by a majority vote approve or
296 deny, or the commission shall by majority vote recommend to
297 approve or deny, an application no later than 90 calendar days
298 after the application is received, unless the sponsor or the
299 commission and the applicant mutually agree in writing to
300 temporarily postpone the vote to a specific date, at which time
301 the sponsor shall by a majority vote approve or deny, or the
302 commission shall by a majority vote recommend to approve or
303 deny, the application. If the sponsor or the commission fails to
304 act on the application, an applicant may appeal to the State
305 Board of Education as provided in paragraph (c). If an
306 application is denied or recommended for denial, the sponsor or
307 the commission shall, within 10 calendar days after such denial,
308 articulate in writing the specific reasons, based upon good
309 cause, supporting its denial of the application and shall
310 provide the letter of denial and supporting documentation to the
311 applicant and to the Department of Education.
312 b. An application submitted by a high-performing charter
313 school identified pursuant to s. 1002.331 or a high-performing
314 charter school system identified pursuant to s. 1002.332 may be
315 denied by the sponsor or recommended for denial by the
316 commission only if the sponsor or the commission demonstrates by
317 clear and convincing evidence that:
318 (I) The application of a high-performing charter school
319 does not materially comply with the requirements in paragraph
320 (a) or, for a high-performing charter school system, the
321 application does not materially comply with s. 1002.332(2)(b);
322 (II) The charter school proposed in the application does
323 not materially comply with the requirements in paragraphs
324 (9)(a)-(f);
325 (III) The proposed charter school’s educational program
326 does not substantially replicate that of the applicant or one of
327 the applicant’s high-performing charter schools;
328 (IV) The applicant has made a material misrepresentation or
329 false statement or concealed an essential or material fact
330 during the application process; or
331 (V) The proposed charter school’s educational program and
332 financial management practices do not materially comply with the
333 requirements of this section.
334
335 Material noncompliance is a failure to follow requirements or a
336 violation of prohibitions applicable to charter school
337 applications, which failure is quantitatively or qualitatively
338 significant either individually or when aggregated with other
339 noncompliance. An applicant is considered to be replicating a
340 high-performing charter school if the proposed school is
341 substantially similar to at least one of the applicant’s high
342 performing charter schools and the organization or individuals
343 involved in the establishment and operation of the proposed
344 school are significantly involved in the operation of replicated
345 schools.
346 c. If the sponsor denies or the commission recommends
347 denial of an application submitted by a high-performing charter
348 school or a high-performing charter school system, the sponsor
349 or the commission, as applicable, must, within 10 calendar days
350 after such denial, state in writing the specific reasons, based
351 upon the criteria in sub-subparagraph b., supporting its denial
352 of the application and must provide the letter of denial and
353 supporting documentation to the applicant and to the Department
354 of Education. The applicant may appeal the sponsor’s denial or
355 the commission’s recommendation for denial of the application in
356 accordance with paragraph (c).
357 5.a. A sponsor may provide input to the commission within
358 30 days after receiving a copy of the final application
359 submitted to the commission. The commission must consider such
360 input in reviewing the application.
361 b. The commission must submit its recommendation for
362 approval of a charter school application to the State Board of
363 Education for approval.
364 c. The sponsor may appeal to the state board any
365 recommendation to approve the application by the commission no
366 later than 30 days from the commission’s decision. Upon receipt
367 of notification from the state board that a sponsor is filing an
368 appeal, the commissioner shall review the appeal and make
369 recommendations to the state board regarding its pending
370 decision about the appeal. The commissioner shall report his or
371 her recommendations to the state board at least 7 calendar days
372 before the date on which the appeal is considered.
373 d. The state board by majority vote shall accept or reject
374 the recommendation of the commission to approve the application
375 no later than 90 calendar days after an appeal is filed in
376 accordance with State Board of Education rule. The sponsor shall
377 implement the decision of the state board. The decision of the
378 state board is not subject to chapter 120.
379 6.4. For budget projection purposes, the sponsor or the
380 commission, as applicable, shall report to the Department of
381 Education the approval or denial of an application within 10
382 calendar days after such approval or denial. In the event of
383 approval by the sponsor or the state board, as applicable, the
384 report to the Department of Education shall include the final
385 projected FTE for the approved charter school.
386 7.5. Upon approval of an application, the initial startup
387 shall commence with the beginning of the public school calendar
388 for the district in which the charter is granted. A charter
389 school may defer the opening of the school’s operations for up
390 to 3 years to provide time for adequate facility planning. The
391 charter school must provide written notice of such intent to the
392 sponsor and the parents of enrolled students at least 30
393 calendar days before the first day of school.
394 (c)1. An applicant may appeal any denial of that
395 applicant’s application or failure to act on an application to
396 the State Board of Education by the sponsor no later than 30
397 calendar days after receipt of the sponsor’s decision or failure
398 to act and shall notify the sponsor of its appeal. Any response
399 of the sponsor shall be submitted to the State Board of
400 Education within 30 calendar days after notification of the
401 appeal. Upon receipt of notification from the State Board of
402 Education that a charter school applicant is filing an appeal,
403 the Commissioner of Education shall convene a meeting of the
404 Charter School Appeal Commission to study and make
405 recommendations to the State Board of Education regarding its
406 pending decision about the appeal. The commission shall forward
407 its recommendation to the state board at least 7 calendar days
408 before the date on which the appeal is to be heard.
409 2. An applicant may appeal any recommendation to deny that
410 applicant’s application or the failure to act on an application
411 by the commission to the state board no later than 30 calendar
412 days after receipt of the commission’s decision or failure to
413 act, and the applicant shall notify the commission of its
414 appeal. The state board shall notify the commissioner of an
415 applicant’s appeal. Upon receipt of notification from the state
416 board that a charter school applicant is filing an appeal of the
417 commission’s recommendation, the commissioner shall review the
418 appeal and make recommendations to the state board regarding its
419 pending decision regarding the appeal. The commissioner shall
420 report his or her recommendation to the state board at least 7
421 calendar days before the date on which the appeal is considered.
422 3.2. The Charter School Appeal commission or the
423 commissioner may reject an appeal submission for failure to
424 comply with procedural rules governing the appeals process. The
425 rejection shall describe the submission errors. The appellant
426 shall have 15 calendar days after notice of rejection in which
427 to resubmit an appeal that meets the requirements set forth in
428 State Board of Education rule. An appeal submitted subsequent to
429 such rejection is considered timely if the original appeal was
430 filed within 30 calendar days after receipt of notice of the
431 specific reasons for the sponsor’s or commission’s denial of the
432 charter application.
433 4.a.3.a. The State Board of Education shall by majority
434 vote accept or reject the decision of the sponsor or the
435 commission no later than 90 calendar days after an appeal is
436 filed in accordance with State Board of Education rule. The
437 State Board of Education shall remand the application to the
438 sponsor with its written decision that the sponsor approve or
439 deny the application. The sponsor shall implement the decision
440 of the State Board of Education. The decision of the State Board
441 of Education is not subject to the provisions of the
442 Administrative Procedure Act, chapter 120.
443 b. If an appeal concerns an application submitted by a
444 high-performing charter school identified pursuant to s.
445 1002.331 or a high-performing charter school system identified
446 pursuant to s. 1002.332, the State Board of Education shall
447 determine whether the sponsor’s or the commission’s denial was
448 in accordance with sub-subparagraph (b)4.b. sub-subparagraph
449 (b)3.b.
450 (d) The sponsor shall act upon the decision of the State
451 Board of Education within 30 calendar days after it is received.
452 The State Board of Education’s decision is a final action
453 subject to judicial review in the district court of appeal.
454 (e)1. The A Charter School Appeal commission is established
455 to review applications submitted pursuant to subparagraph (b)1.
456 and to assist the commissioner and the State Board of Education
457 with a fair and impartial review of appeals by applicants whose
458 charter applications have been denied, whose charter contracts
459 have not been renewed, or whose charter contracts have been
460 terminated by their sponsors.
461 2. The Charter School Appeal commission may receive copies
462 of the appeal documents forwarded to the State Board of
463 Education, review the documents, gather other applicable
464 information regarding the appeal, and make a written
465 recommendation to the commissioner. The recommendation must
466 state whether the appeal should be upheld or denied and include
467 the reasons for the recommendation being offered. The
468 commissioner shall forward the recommendation to the State Board
469 of Education no later than 7 calendar days prior to the date on
470 which the appeal is to be heard. The state board must consider
471 the commission’s recommendation in making its decision, but is
472 not bound by the recommendation. The decision of the Charter
473 School Appeal commission is not subject to the provisions of the
474 Administrative Procedure Act, chapter 120.
475 3. The commissioner shall appoint a number of members to
476 the Charter School Appeal commission sufficient to ensure that
477 no potential conflict of interest exists for any commission
478 application review or appeal decision. Members shall serve
479 without compensation but may be reimbursed for travel and per
480 diem expenses in conjunction with their service. Of the members
481 reviewing an application or hearing the appeal, one-half must
482 represent currently operating charter schools and one-half must
483 represent sponsors. The commissioner or a named designee shall
484 chair the Charter School Appeal commission.
485 4. The chair shall convene meetings of the commission and
486 shall ensure that the written recommendations are completed and
487 forwarded in a timely manner. In cases in which where the
488 commission cannot reach a decision, the chair shall make the
489 written recommendation with justification, noting that the
490 decision was rendered by the chair.
491 5. Commission members shall thoroughly review the materials
492 presented to them from the applicant appellant and the sponsor.
493 The commission may request information to clarify the
494 documentation presented to it. In the course of its review, the
495 commission may facilitate the postponement of an appeal in those
496 cases where additional time and communication may negate the
497 need for a formal appeal and both parties agree, in writing, to
498 postpone the appeal to the State Board of Education. A new date
499 certain for the appeal shall then be set based upon the rules
500 and procedures of the State Board of Education. Commission
501 members shall provide a written recommendation to the state
502 board as to whether the appeal should be upheld or denied. A
503 fact-based justification for the recommendation must be
504 included. The chair must ensure that the written recommendation
505 is submitted to the State Board of Education members no later
506 than 7 calendar days prior to the date on which the appeal is to
507 be heard. Both parties in the case shall also be provided a copy
508 of the recommendation.
509 (f)1. The Department of Education shall provide or arrange
510 for training and technical assistance to charter schools in
511 developing and adjusting business plans and accounting for costs
512 and income. Training and technical assistance shall also
513 address, at a minimum, state and federal grant and student
514 performance accountability reporting requirements and provide
515 assistance in identifying and applying for the types and amounts
516 of state and federal financial assistance the charter school may
517 be eligible to receive. The department may provide other
518 technical assistance to an applicant upon written request.
519 2. A charter school applicant must participate in the
520 training provided by the Department of Education after approval
521 of an application but at least 30 calendar days before the first
522 day of classes at the charter school. However, a sponsor may
523 require the charter school applicant to attend training provided
524 by the sponsor in lieu of the department’s training if the
525 sponsor’s training standards meet or exceed the standards
526 developed by the department. In such case, the sponsor may not
527 require the charter school applicant to attend the training
528 within 30 calendar days before the first day of classes at the
529 charter school. The training must include instruction in
530 accurate financial planning and good business practices. If the
531 applicant is a management company or a nonprofit organization,
532 the charter school principal and the chief financial officer or
533 his or her equivalent must also participate in the training. A
534 sponsor may not require a high-performing charter school or
535 high-performing charter school system applicant to participate
536 in the training described in this subparagraph more than once.
537 (g) In considering charter applications for a lab school, a
538 state university shall consult with the district school board of
539 the county in which the lab school is located. The decision of a
540 state university may be appealed pursuant to the procedure
541 established in this subsection.
542 (9) CHARTER SCHOOL REQUIREMENTS.—
543 (r) If a sponsor chooses not to renew or to terminate a
544 charter pursuant to paragraphs (8)(a) or (8)(c), or if a charter
545 school voluntarily closes before the end of a school year or
546 within 1 year after beginning operations, excluding charter
547 schools that close due to consolidation with another charter
548 school, the applicant for the charter, the charter school owner,
549 president, superintendent, principal, charter school governing
550 board members, and the relatives of such applicant, owner,
551 president, superintendent, principal, or governing board member
552 may not submit an application to open a charter school in this
553 state pursuant to subsection (6) for a period of 5 years after
554 the charter is not renewed or is terminated, or the charter
555 school closes pursuant to this paragraph. If a charter school
556 applicant, owner, president, superintendent, principal, or a
557 member of a charter school governing board, a charter management
558 organization, or an education management organization is
559 convicted of a crime, including, but not limited to, fraud or
560 financial offenses related to the operation of a charter school,
561 such applicant, owner, president, superintendent, principal, or
562 governing board member, including any relatives of such
563 individuals, or the charter management organization or the
564 education management organization, may not apply for a charter
565 pursuant to subsection (6) or operate or manage a charter school
566 in this state for a period of 10 years after such conviction.
567 For the purpose of this paragraph, the term “relative” has the
568 same meaning as specified under subparagraph (24)(a)2.
569 Section 2. This act shall take effect July 1, 2019.
