Bill Text: FL S1578 | 2020 | Regular Session | Comm Sub
Bill Title: Education
Spectrum: Bipartisan Bill
Status: (Failed) 2020-03-14 - Died in Appropriations Subcommittee on Education [S1578 Detail]
Download: Florida-2020-S1578-Comm_Sub.html
Florida Senate - 2020 CS for SB 1578 By the Committee on Education; and Senator Hutson 581-03026-20 20201578c1 1 A bill to be entitled 2 An act relating to education; creating s. 1002.24, 3 F.S.; providing legislative findings and intent; 4 requiring the Department of Education to collect 5 certain information about career preparation and 6 placement in this state; requiring the department to 7 annually distribute such information to school 8 guidance counselors at each public high school in this 9 state; requiring such career preparation and placement 10 information to be distributed to students by a certain 11 date each year; authorizing the department to enter 12 into a memorandum of understanding to share the career 13 preparation and placement information with other state 14 agencies; amending s. 1002.33, F.S.; authorizing state 15 universities designated by the State Board of 16 Education to sponsor a charter school; authorizing a 17 Florida College System institution designated by the 18 state board to sponsor a charter school under certain 19 circumstances; authorizing a state university or 20 Florida College System institution to deny an 21 application for a charter school; revising 22 requirements for the report made by sponsors to the 23 Department of Education; eliminating a requirement 24 that a charter school working with a Florida College 25 System institution must implement a blended learning 26 instructional model; providing that the board of 27 trustees of a sponsoring state university or Florida 28 College System institution is the local educational 29 agency for purposes of receiving federal funds for 30 sponsored charter schools; providing that a student 31 enrolled in a charter school that is sponsored by a 32 state university or a Florida College System 33 institution may not be included in the calculation of 34 a school district’s grade; requiring the department, 35 in collaboration with charter school sponsors and 36 charter school operators, to develop a sponsor 37 evaluation framework that must address certain 38 requirements; deleting a provision related to 39 acceptance and consideration of charter school 40 applications; deleting a provision requiring that 41 initial startup of a charter school commence within a 42 specified timeframe; providing that charter schools 43 operated by a municipality, a public entity, or a 44 private, not-for-profit organization are eligible for 45 a 15-year charter if approved by the sponsor; 46 requiring sponsors to report a charter school that 47 closes as part of a consolidation; clarifying the 48 circumstances under which a charter may be terminated 49 immediately; providing for certain property, 50 improvements, furnishings, and equipment to revert to 51 the sponsor upon dissolution of a charter school; 52 providing that a sponsor may not assume charter school 53 debt except under certain circumstances; authorizing 54 charter schools to limit the enrollment process to 55 target certain additional student populations; 56 requiring that any arrangement entered into to borrow 57 or otherwise secure funds for a charter school from 58 certain sources indemnify the sponsor, rather than the 59 school district; specifying funding requirements for 60 students enrolled in a charter school sponsored by a 61 state university or a Florida College System 62 institution; requiring a local governing authority to 63 provide a written justification for any challenged 64 requirements, restrictions, and site planning 65 processes, under certain circumstances; requiring 66 courts to award attorney fees and court costs to a 67 charter school if they determine that a local 68 governing authority failed to treat a charter school 69 equitably; providing that places of worship, rather 70 than only specifically churches, may provide space to 71 charter schools in their facilities; prohibiting local 72 governing authorities from imposing additional 73 requirements on such facilities; requiring that the 74 educational occupant load for a charter school within 75 such facilities be based solely on the criteria set 76 forth in the Florida Building Code and the Florida 77 Fire Prevention Code; authorizing a school district to 78 enter into an agreement to plan, design, and construct 79 a charter school and to serve as the financial agent, 80 lienholder, or lessor; requiring a sponsor to provide 81 access to the sponsor’s student information systems 82 and student performance data in certain circumstances; 83 amending s. 1002.333, F.S.; requiring the department 84 to annually provide to school districts a list of 85 certain facilities; requiring the department to update 86 and publish a final list of such facilities owned or 87 operated by each school district by a certain date; 88 authorizing allocated funds that are not disbursed by 89 a certain date to be carried forward for up to 7 years 90 after the date of the original appropriation; amending 91 s. 1003.493, F.S.; authorizing charter schools to 92 offer career and professional academies; amending s. 93 1013.385, F.S.; deleting provisions authorizing 94 certain resolutions to propose the implementation of 95 specified exceptions to certain building code 96 requirements; providing that resolutions may implement 97 exceptions to certain sections of the Florida Building 98 Code that limit the ability of a school district to 99 design and construct a facility in the same manner as 100 a charter school; reenacting ss. 11.40(c)(2), 101 163.3180(6)(h), 196.1983, 218.39(1)(e), 102 381.0056(4)(a), 409.1664(1)(b), 409.9072(1), 103 944.801(7), 951.176(1), 1006.15(3)(d), 1008.33(3)(c), 104 and 1011.61(1)(c), F.S., relating to the Legislative 105 Auditing Committee, concurrency, the charter school 106 exemption from ad valorem taxes, annual financial 107 audit reports, the school health services program, 108 adoption benefits for qualifying adoptive employees of 109 state agencies, Medicaid provider agreements for 110 charter schools and private schools, education for 111 state prisoners, provision of education, student 112 standards for participation in interscholastic and 113 intrascholastic extracurricular student activities, 114 authority to enforce public school improvement, and 115 definitions for the Florida Education Finance Program, 116 respectively, to incorporate the amendment made to s. 117 1002.33, F.S., in references thereto; providing 118 effective dates. 119 120 Be It Enacted by the Legislature of the State of Florida: 121 122 Section 1. Effective January 1, 2021, section 1002.24, 123 Florida Statutes, is created to read: 124 1002.24 Career landscape information.— 125 (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds 126 that high school students should be provided the information 127 necessary to make informed decisions about their futures and to 128 ensure that they are aware of the costs of attending a 129 postsecondary institution. The Legislature also finds that high 130 school students should be provided with information regarding 131 alternative career paths. 132 (2) CAREER LANDSCAPE INFORMATION COLLECTION.—The Department 133 of Education shall collect and compile all of the following 134 information annually: 135 (a) The jobs in this state for which there is the highest 136 demand for employees, including the starting salary and the 137 required level of education for such jobs. 138 (b) The average cost of attendance, including in-state 139 tuition, fees, and, if applicable, room and board, for career 140 and technical education programs, Florida College System 141 institutions, and state universities. 142 (c) The respective average monthly student loan payments of 143 students upon graduation from such programs, institutions, and 144 universities. 145 (d) The respective average 3-year student loan default 146 rates for such programs, institutions, and universities. 147 (e) The respective average graduation rates for such 148 programs, institutions, and universities. 149 (f) The completion rates for apprenticeship programs, 150 educational credential programs, career and technical education 151 programs, and first-term military enlisted personnel, 152 respectively. 153 (g) The percentage of college graduates working in 154 occupations that do not require a college degree, listed by 155 major. 156 (h) The average starting salaries for individuals 157 graduating from career and technical education programs in this 158 state, Florida College System institutions, and state 159 universities, respectively. 160 (3) INFORMATION DISTRIBUTION.—The information collected by 161 the Department of Education under subsection (2) must be 162 distributed to school guidance counselors at each public high 163 school in this state and made available to students by no later 164 than October 15 of each year. 165 (4) DATA SHARING.—The Department of Education may execute a 166 memorandum of understanding with any state agency, or a 167 department or division thereof, to gain access to the 168 information required to be collected under subsection (2). 169 Section 2. Paragraph (c) of subsection (2), subsection (5), 170 paragraph (b) of subsection (6), paragraphs (a) and (d) of 171 subsection (7), paragraphs (c), (d), and (e) of subsection (8), 172 paragraphs (g) and (n) of subsection (9), paragraph (e) of 173 subsection (10), subsection (14), paragraph (c) of subsection 174 (15), paragraphs (a), (b), and (e) of subsection (17), 175 paragraphs (a), (c), and (e) of subsection (18), subsections 176 (20) and (21), paragraph (a) of subsection (25), and subsection 177 (28) of section 1002.33, Florida Statutes, are amended to read: 178 1002.33 Charter schools.— 179 (2) GUIDING PRINCIPLES; PURPOSE.— 180 (c) Charter schools may fulfill the following purposes: 181 1. Create innovative measurement tools. 182 2. Provide rigorous competition within the public school 183 systemdistrictto stimulate continual improvement in all public 184 schools. 185 3. Expand the capacity of the public school system. 186 4. Mitigate the educational impact created by the 187 development of new residential dwelling units. 188 5. Create new professional opportunities for teachers, 189 including ownership of the learning program at the school site. 190 (5) SPONSOR; DUTIES.— 191 (a) Sponsoring entities.— 192 1. A district school board may sponsor a charter school in 193 the county over which the district school board has 194 jurisdiction. 195 2. A state university may grant a charter to a lab school 196 created under s. 1002.32 and shall be considered to be the 197 school’s sponsor. Such school shall be considered a charter lab 198 school. 199 3. Because needs relating to educational capacity, 200 workforce qualifications, and career education opportunities are 201 constantly changing and extend beyond school district 202 boundaries: 203 a. A state university, upon receiving approval from the 204 State Board of Education, may solicit applications and sponsor a 205 charter school to meet regional education or workforce demands 206 by serving students from multiple school districts. 207 b. A Florida College System institution, upon receiving 208 approval from the State Board of Education, may solicit 209 applications and sponsor a charter school in any county within 210 its service area to meet workforce demands and may offer 211 postsecondary programs leading to industry certifications to 212 eligible charter school students. A charter school developed 213 under subparagraph (b)4. is not eligible to be sponsored by a 214 Florida College System institution until its existing charter 215 with the school district expires, as provided in subsection (7). 216 c. Notwithstanding paragraph (6)(b), a state university or 217 a Florida College System institution may deny an application for 218 a charter school, at which point provisions outlined in 219 subsection (6)(c)1. are not applicable. 220 (b) Sponsor duties.— 221 1.a. The sponsor shall monitor and review the charter 222 school in its progress toward the goals established in the 223 charter. 224 b. The sponsor shall monitor the revenues and expenditures 225 of the charter school and perform the duties provided in s. 226 1002.345. 227 c. The sponsor may approve a charter for a charter school 228 before the applicant has identified space, equipment, or 229 personnel, if the applicant indicates approval is necessary for 230 it to raise working funds. 231 d. The sponsor shall not apply its policies to a charter 232 school unless mutually agreed to by both the sponsor and the 233 charter school. If the sponsor subsequently amends any agreed 234 upon sponsor policy, the version of the policy in effect at the 235 time of the execution of the charter, or any subsequent 236 modification thereof, shall remain in effect and the sponsor may 237 not hold the charter school responsible for any provision of a 238 newly revised policy until the revised policy is mutually agreed 239 upon. 240 e. The sponsor shall ensure that the charter is innovative 241 and consistent with the state education goals established by s. 242 1000.03(5). 243 f. The sponsor shall ensure that the charter school 244 participates in the state’s education accountability system. If 245 a charter school falls short of performance measures included in 246 the approved charter, the sponsor shall report such shortcomings 247 to the Department of Education. 248 g. The sponsor shall not be liable for civil damages under 249 state law for personal injury, property damage, or death 250 resulting from an act or omission of an officer, employee, 251 agent, or governing body of the charter school. 252 h. The sponsor shall not be liable for civil damages under 253 state law for any employment actions taken by an officer, 254 employee, agent, or governing body of the charter school. 255 i. The sponsor’s duties to monitor the charter school shall 256 not constitute the basis for a private cause of action. 257 j. The sponsor shall not impose additional reporting 258 requirements on a charter school without providing reasonable 259 and specific justification in writing to the charter school. 260 k. The sponsor shall submit an annual report to the 261 Department of Education in a web-based format to be determined 262 by the department. 263 (I) The report mustshallinclude the following 264 information: 265(A) The number of draft applications received on or before266May 1 and each applicant’s contact information.267 (A)(B)The number offinalapplications received on or 268 before FebruaryAugust1 and each applicant’s contact 269 information. 270 (B)(C)The date each application was approved, denied, or 271 withdrawn. 272 (C)(D)The date each final contract was executed. 273 (II) By each November 1Beginning August 31, 2013, and each274year thereafter, the sponsor shall submit to the department the 275 information for the applications submitted the previous year. 276 (III) The department shall compile an annual report, by 277 sponsordistrict, and post the report on its website by January 278 15November 1of each year. 279 2. Immunity for the sponsor of a charter school under 280 subparagraph 1. applies only with respect to acts or omissions 281 not under the sponsor’s direct authority as described in this 282 section. 283 3. This paragraph does not waive a sponsor’sdistrict284school board’ssovereign immunity. 285 4. A Florida College System institution may work with the 286 school district or school districts in its designated service 287 area to develop charter schools that offer secondary education. 288 These charter schools must include an option for students to 289 receive an associate degree upon high school graduation. If a 290 Florida College System institution operates an approved teacher 291 preparation program under s. 1004.04 or s. 1004.85, the 292 institution may operateno more than onecharter schoolsschool293 that serveservesstudents in kindergarten through grade 12 in 294 any school district within county or counties served by the 295 institution as specified in s. 1000.21(3).In kindergarten296through grade 8, the charter school shall implement innovative297blended learning instructional models in which, for a given298course, a student learns in part through online delivery of299content and instruction with some element of student control300over time, place, path, or pace and in part at a supervised301brick-and-mortar location away from home. A student in a blended302learning course must be a full-time student of the charter303school and receive the online instruction in a classroom setting304at the charter school.District school boards shall cooperate 305 with and assist the Florida College System institution on the 306 charter application. Florida College System institution 307 applications for charter schools are not subject to the time 308 deadlines outlined in subsection (6) and may be approved by the 309 district school board at any time during the year. Florida 310 College System institutions may not report FTE for any students 311 participating under this subparagraph who receive FTE funding 312 through the Florida Education Finance Program. 313 5. A school district may enter into nonexclusive interlocal 314 agreements with federal and state agencies, counties, 315 municipalities, and other governmental entities that operate 316 within the geographical borders of the school district to act on 317 behalf of such governmental entities in the inspection, 318 issuance, and other necessary activities for all necessary 319 permits, licenses, and other permissions that a charter school 320 needs in order for development, construction, or operation. A 321 charter school may use, but may not be required to use, a school 322 district for these services. The interlocal agreement must 323 include, but need not be limited to, the identification of fees 324 that charter schools will be charged for such services. The fees 325 must consist of the governmental entity’s fees plus a fee for 326 the school district to recover no more than actual costs for 327 providing such services. These services and fees are not 328 included within the services to be provided pursuant to 329 subsection (20). 330 6. The board of trustees of a state university or a Florida 331 College System institution that sponsors a charter school as 332 provided in paragraph (a) is the local educational agency for 333 any charter school it sponsors for the purpose of receiving 334 federal funds and shall accept full responsibility for 335 compliance with all requirements imposed by law on local 336 educational agencies and the schools for which it performs local 337 educational agency responsibilities. A student enrolled in a 338 charter school that is sponsored by a state university or a 339 Florida College System institution may not be included in the 340 calculation of the school district’s grade under s. 1008.34(5) 341 for the school district in which the student resides. 342 (c) Sponsor accountability.— 343 1. The department, in collaboration with charter school 344 sponsors and charter school operators, shall develop a sponsor 345 evaluation framework that, at a minimum, addresses all of the 346 following: 347 a. The sponsor’s strategic vision for charter school 348 authorization and the sponsor’s progress toward that vision. 349 b. The alignment of the sponsor’s policies and practices 350 with best practices for charter school authorization. 351 c. The academic and financial performance of all operating 352 charter schools overseen by the sponsor. 353 d. The status of all charter schools authorized by the 354 sponsor, including approved, operating, and closed schools. 355 2. The department shall compile the results of the 356 evaluation conducted under subparagraph 1., by sponsor, and 357 include them in the annual report required under sub-sub 358 subparagraph (b)1.k.(III). 359 (6) APPLICATION PROCESS AND REVIEW.—Charter school 360 applications are subject to the following requirements: 361 (b) A sponsor shall receive and review all applications for 362 a charter school using the evaluation instrument developed by 363 the Department of Education.A sponsor shall receive and364consider charter school applications received on or before365August 1 of each calendar year for charter schools to be opened366at the beginning of the school district’s next school year, or367to be opened at a time agreed to by the applicant and the368sponsor. A sponsor may not refuse to receive a charter school369application submitted before August 1 and may receive an370application submitted later than August 1 if it chooses.371Beginning in 2018 and thereafter,A sponsor shall receive and 372 consider charter school applications received on or before 373 February 1 of each calendar year for charter schools to be 374 opened 18 months later at the beginning of theschool district’s375 school year, or to be opened at a time determined by the 376 applicant. A sponsor may not refuse to receive a charter school 377 application submitted before February 1 and may receive an 378 application submitted later than February 1 if it chooses. A 379 sponsor may not charge an applicant for a charter any fee for 380 the processing or consideration of an application, and a sponsor 381 may not base its consideration or approval of a final 382 application upon the promise of future payment of any kind. 383 Before approving or denying any application, the sponsor shall 384 allow the applicant, upon receipt of written notification, at 385 least 7 calendar days to make technical or nonsubstantive 386 corrections and clarifications, including, but not limited to, 387 corrections of grammatical, typographical, and like errors or 388 missing signatures, if such errors are identified by the sponsor 389 as cause to deny the final application. 390 1. In order to facilitate an accurate budget projection 391 process, a sponsor shall be held harmless for FTE students who 392 are not included in the FTE projection due to approval of 393 charter school applications after the FTE projection deadline. 394 In a further effort to facilitate an accurate budget projection, 395 within 15 calendar days after receipt of a charter school 396 application, a sponsor shall report to the Department of 397 Education the name of the applicant entity, the proposed charter 398 school location, and its projected FTE. 399 2. In order to ensure fiscal responsibility, an application 400 for a charter school shall include a full accounting of expected 401 assets, a projection of expected sources and amounts of income, 402 including income derived from projected student enrollments and 403 from community support, and an expense projection that includes 404 full accounting of the costs of operation, including start-up 405 costs. 406 3.a. A sponsor shall by a majority vote approve or deny an 407 application no later than 90 calendar days after the application 408 is received, unless the sponsor and the applicant mutually agree 409 in writing to temporarily postpone the vote to a specific date, 410 at which time the sponsor shall by a majority vote approve or 411 deny the application. If the sponsor fails to act on the 412 application, an applicant may appeal to the State Board of 413 Education as provided in paragraph (c). If an application is 414 denied, the sponsor shall, within 10 calendar days after such 415 denial, articulate in writing the specific reasons, based upon 416 good cause, supporting its denial of the application and shall 417 provide the letter of denial and supporting documentation to the 418 applicant and to the Department of Education. 419 b. An application submitted by a high-performing charter 420 school identified pursuant to s. 1002.331 or a high-performing 421 charter school system identified pursuant to s. 1002.332 may be 422 denied by the sponsor only if the sponsor demonstrates by clear 423 and convincing evidence that: 424 (I) The application of a high-performing charter school 425 does not materially comply with the requirements in paragraph 426 (a) or, for a high-performing charter school system, the 427 application does not materially comply with s. 1002.332(2)(b); 428 (II) The charter school proposed in the application does 429 not materially comply with the requirements in paragraphs 430 (9)(a)-(f); 431 (III) The proposed charter school’s educational program 432 does not substantially replicate that of the applicant or one of 433 the applicant’s high-performing charter schools; 434 (IV) The applicant has made a material misrepresentation or 435 false statement or concealed an essential or material fact 436 during the application process; or 437 (V) The proposed charter school’s educational program and 438 financial management practices do not materially comply with the 439 requirements of this section. 440 441 Material noncompliance is a failure to follow requirements or a 442 violation of prohibitions applicable to charter school 443 applications, which failure is quantitatively or qualitatively 444 significant either individually or when aggregated with other 445 noncompliance. An applicant is considered to be replicating a 446 high-performing charter school if the proposed school is 447 substantially similar to at least one of the applicant’s high 448 performing charter schools and the organization or individuals 449 involved in the establishment and operation of the proposed 450 school are significantly involved in the operation of replicated 451 schools. 452 c. If the sponsor denies an application submitted by a 453 high-performing charter school or a high-performing charter 454 school system, the sponsor must, within 10 calendar days after 455 such denial, state in writing the specific reasons, based upon 456 the criteria in sub-subparagraph b., supporting its denial of 457 the application and must provide the letter of denial and 458 supporting documentation to the applicant and to the Department 459 of Education. The applicant may appeal the sponsor’s denial of 460 the application in accordance with paragraph (c). 461 4. For budget projection purposes, the sponsor shall report 462 to the Department of Education the approval or denial of an 463 application within 10 calendar days after such approval or 464 denial. In the event of approval, the report to the Department 465 of Education shall include the final projected FTE for the 466 approved charter school. 467 5.Upon approval of an application, the initial startup468shall commence with the beginning of the public school calendar469for the district in which the charter is granted.A charter 470 school may defer the opening of the school’s operations for up 471 to 3 years to provide time for adequate facility planning. The 472 charter school must provide written notice of such intent to the 473 sponsor and the parents of enrolled students at least 30 474 calendar days before the first day of school. 475 (7) CHARTER.—The terms and conditions for the operation of 476 a charter school shall be set forth by the sponsor and the 477 applicant in a written contractual agreement, called a charter. 478 The sponsor and the governing board of the charter school shall 479 use the standard charter contract pursuant to subsection (21), 480 which shall incorporate the approved application and any addenda 481 approved with the application. Any term or condition of a 482 proposed charter contract that differs from the standard charter 483 contract adopted by rule of the State Board of Education shall 484 be presumed a limitation on charter school flexibility. The 485 sponsor may not impose unreasonable rules or regulations that 486 violate the intent of giving charter schools greater flexibility 487 to meet educational goals. The charter shall be signed by the 488 governing board of the charter school and the sponsor, following 489 a public hearing to ensure community input. 490 (a) The charter shall address and criteria for approval of 491 the charter shall be based on: 492 1. The school’s mission, the students to be served, and the 493 ages and grades to be included. 494 2. The focus of the curriculum, the instructional methods 495 to be used, any distinctive instructional techniques to be 496 employed, and identification and acquisition of appropriate 497 technologies needed to improve educational and administrative 498 performance which include a means for promoting safe, ethical, 499 and appropriate uses of technology which comply with legal and 500 professional standards. 501 a. The charter shall ensure that reading is a primary focus 502 of the curriculum and that resources are provided to identify 503 and provide specialized instruction for students who are reading 504 below grade level. The curriculum and instructional strategies 505 for reading must be consistent with the Next Generation Sunshine 506 State Standards and grounded in scientifically based reading 507 research. 508 b. In order to provide students with access to diverse 509 instructional delivery models, to facilitate the integration of 510 technology within traditional classroom instruction, and to 511 provide students with the skills they need to compete in the 512 21st century economy, the Legislature encourages instructional 513 methods for blended learning courses consisting of both 514 traditional classroom and online instructional techniques. 515 Charter schools may implement blended learning courses which 516 combine traditional classroom instruction and virtual 517 instruction. Students in a blended learning course must be full 518 time students of the charter school pursuant to s. 519 1011.61(1)(a)1. Instructional personnel certified pursuant to s. 520 1012.55 who provide virtual instruction for blended learning 521 courses may be employees of the charter school or may be under 522 contract to provide instructional services to charter school 523 students. At a minimum, such instructional personnel must hold 524 an active state or school district adjunct certification under 525 s. 1012.57 for the subject area of the blended learning course. 526 The funding and performance accountability requirements for 527 blended learning courses are the same as those for traditional 528 courses. 529 3. The current incoming baseline standard of student 530 academic achievement, the outcomes to be achieved, and the 531 method of measurement that will be used. The criteria listed in 532 this subparagraph shall include a detailed description of: 533 a. How the baseline student academic achievement levels and 534 prior rates of academic progress will be established. 535 b. How these baseline rates will be compared to rates of 536 academic progress achieved by these same students while 537 attending the charter school. 538 c. To the extent possible, how these rates of progress will 539 be evaluated and compared with rates of progress of other 540 closely comparable student populations. 541 542 The district school board is required to provide academic 543 student performance data to charter schools for each of their 544 students coming from the district school system, as well as 545 rates of academic progress of comparable student populations in 546 the district school system. 547 4. The methods used to identify the educational strengths 548 and needs of students and how well educational goals and 549 performance standards are met by students attending the charter 550 school. The methods shall provide a means for the charter school 551 to ensure accountability to its constituents by analyzing 552 student performance data and by evaluating the effectiveness and 553 efficiency of its major educational programs. Students in 554 charter schools shall, at a minimum, participate in the 555 statewide assessment program created under s. 1008.22. 556 5. In secondary charter schools, a method for determining 557 that a student has satisfied the requirements for graduation in 558 s. 1002.3105(5), s. 1003.4281, or s. 1003.4282. 559 6. A method for resolving conflicts between the governing 560 board of the charter school and the sponsor. 561 7. The admissions procedures and dismissal procedures, 562 including the school’s code of student conduct. Admission or 563 dismissal must not be based on a student’s academic performance. 564 8. The ways by which the school will achieve a 565 racial/ethnic balance reflective of the community it serves or 566 within the racial/ethnic range of other nearby public schoolsin567the same school district. 568 9. The financial and administrative management of the 569 school, including a reasonable demonstration of the professional 570 experience or competence of those individuals or organizations 571 applying to operate the charter school or those hired or 572 retained to perform such professional services and the 573 description of clearly delineated responsibilities and the 574 policies and practices needed to effectively manage the charter 575 school. A description of internal audit procedures and 576 establishment of controls to ensure that financial resources are 577 properly managed must be included. Both public sector and 578 private sector professional experience shall be equally valid in 579 such a consideration. 580 10. The asset and liability projections required in the 581 application which are incorporated into the charter and shall be 582 compared with information provided in the annual report of the 583 charter school. 584 11. A description of procedures that identify various risks 585 and provide for a comprehensive approach to reduce the impact of 586 losses; plans to ensure the safety and security of students and 587 staff; plans to identify, minimize, and protect others from 588 violent or disruptive student behavior; and the manner in which 589 the school will be insured, including whether or not the school 590 will be required to have liability insurance, and, if so, the 591 terms and conditions thereof and the amounts of coverage. 592 12. The term of the charter which shall provide for 593 cancellation of the charter if insufficient progress has been 594 made in attaining the student achievement objectives of the 595 charter and if it is not likely that such objectives can be 596 achieved before expiration of the charter. The initial term of a 597 charter shall be for 5 years, excluding 2 planning years. In 598 order to facilitate access to long-term financial resources for 599 charter school construction, charter schools that are operated 600 by a municipality or other public entity as provided by law are 601 eligible for up to a 15-year charter, subject to approval by the 602 sponsordistrict school board. A charter lab school is eligible 603 for a charter for a term of up to 15 years. In addition, to 604 facilitate access to long-term financial resources for charter 605 school construction, charter schools that are operated by a 606 private, not-for-profit, s. 501(c)(3) status corporation are 607 eligible for up to a 15-year charter, subject to approval by the 608 sponsordistrict school board. Such long-term charters remain 609 subject to annual review and may be terminated during the term 610 of the charter, but only according to the provisions set forth 611 in subsection (8). 612 13. The facilities to be used and their location. The 613 sponsor may not require a charter school to have a certificate 614 of occupancy or a temporary certificate of occupancy for such a 615 facility earlier than 15 calendar days before the first day of 616 school. 617 14. The qualifications to be required of the teachers and 618 the potential strategies used to recruit, hire, train, and 619 retain qualified staff to achieve best value. 620 15. The governance structure of the school, including the 621 status of the charter school as a public or private employer as 622 required in paragraph (12)(i). 623 16. A timetable for implementing the charter which 624 addresses the implementation of each element thereof and the 625 date by which the charter shall be awarded in order to meet this 626 timetable. 627 17. In the case of an existing public school that is being 628 converted to charter status, alternative arrangements for 629 current students who choose not to attend the charter school and 630 for current teachers who choose not to teach in the charter 631 school after conversion in accordance with the existing 632 collective bargaining agreement or district school board rule in 633 the absence of a collective bargaining agreement. However, 634 alternative arrangements shall not be required for current 635 teachers who choose not to teach in a charter lab school, except 636 as authorized by the employment policies of the state university 637 which grants the charter to the lab school. 638 18. Full disclosure of the identity of all relatives 639 employed by the charter school who are related to the charter 640 school owner, president, chairperson of the governing board of 641 directors, superintendent, governing board member, principal, 642 assistant principal, or any other person employed by the charter 643 school who has equivalent decisionmaking authority. For the 644 purpose of this subparagraph, the term “relative” means father, 645 mother, son, daughter, brother, sister, uncle, aunt, first 646 cousin, nephew, niece, husband, wife, father-in-law, mother-in 647 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, 648 stepfather, stepmother, stepson, stepdaughter, stepbrother, 649 stepsister, half brother, or half sister. 650 19. Implementation of the activities authorized under s. 651 1002.331 by the charter school when it satisfies the eligibility 652 requirements for a high-performing charter school. A high 653 performing charter school shall notify its sponsor in writing by 654 March 1 if it intends to increase enrollment or expand grade 655 levels the following school year. The written notice shall 656 specify the amount of the enrollment increase and the grade 657 levels that will be added, as applicable. 658 (d) A charter may be modified during its initial term or 659 any renewal term upon the recommendation of the sponsor or the 660 charter school’s governing board and the approval of both 661 parties to the agreement. Modification during any term may 662 include, but is not limited to, consolidation of multiple 663 charters into a single charter if the charters are operated 664 under the same governing board, regardless of the renewal cycle. 665 A charter school that is not subject to a school improvement 666 plan and that closes as part of a consolidation shall be 667 reported by the sponsorschool districtas a consolidation. 668 (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.— 669 (c) A charter may be terminated immediately if the sponsor 670 sets forth in writing the particular facts and circumstances 671 demonstratingindicatingthat an immediate and serious danger to 672 the health, safety, or welfare of the charter school’s students 673 exists, that the immediate and serious danger is likely to 674 continue, and that an immediate termination of the charter is 675 necessary. The sponsor’s determination is subject to the 676 procedures set forth in paragraph (b), except that the hearing 677 may take place after the charter has been terminated. The 678 sponsor shall notify in writing the charter school’s governing 679 board, the charter school principal, and the department of the 680 facts and circumstances supporting the emergency terminationif681a charter is terminated immediately. The sponsor shall clearly 682 identify the specific issues that resulted in the immediate 683 termination and provide evidence of prior notification of issues 684 resulting in the immediate termination, if applicablewhen685appropriate. Upon receiving written notice from the sponsor, the 686 charter school’s governing board has 10 calendar days to request 687 a hearing. A requested hearing must be expedited and the final 688 order must be issued within 60 days after the date of request. 689 The sponsor shall assume operation of the charter school 690 throughout the pendency of the hearing under paragraph (b) 691 unless the continued operation of the charter school would 692 materially threaten the health, safety, or welfare of the 693 students. Failure by the sponsor to assume and continue 694 operation of the charter school shall result in the awarding of 695 reasonable costs and attorney’s fees to the charter school if 696 the charter school prevails on appeal. 697 (d) When a charter is not renewed or is terminated, the 698 school shall be dissolved under the provisions of law under 699 which the school was organized, and any unencumbered public 700 funds, except for capital outlay funds and federal charter 701 school program grant funds, from the charter school shall revert 702 to the sponsor. Capital outlay funds provided pursuant to s. 703 1013.62 and federal charter school program grant funds that are 704 unencumbered shall revert to the department to be redistributed 705 among eligible charter schools. In the event a charter school is 706 dissolved or is otherwise terminated, all sponsordistrict707school boardproperty and improvements, furnishings, and 708 equipment purchased with public funds shall automatically revert 709 to full ownership by the sponsordistrict school board, subject 710 to complete satisfaction of any lawful liens or encumbrances. 711 Any unencumbered public funds from the charter school,district712school boardproperty and improvements, furnishings, and 713 equipment purchased with public funds, or financial or other 714 records pertaining to the charter school, in the possession of 715 any person, entity, or holding company, other than the charter 716 school, shall be held in trust upon the sponsor’sdistrict717school board’srequest, until any appeal status is resolved. 718 (e) If a charter is not renewed or is terminated, the 719 charter school is responsible for all debts of the charter 720 school. The sponsordistrictmay not assume the debt from any 721 contract made between the governing body of the school and a 722 third party, except for a debt that is previously detailed and 723 agreed upon in writing by both the sponsordistrictand the 724 governing body of the school and that may not reasonably be 725 assumed to have been satisfied by the sponsordistrict. 726 (9) CHARTER SCHOOL REQUIREMENTS.— 727 (g)1. In order to provide financial information that is 728 comparable to that reported for other public schools, charter 729 schools are to maintain all financial records that constitute 730 their accounting system: 731 a. In accordance with the accounts and codes prescribed in 732 the most recent issuance of the publication titled “Financial 733 and Program Cost Accounting and Reporting for Florida Schools”; 734 or 735 b. At the discretion of the charter school’s governing 736 board, a charter school may elect to follow generally accepted 737 accounting standards for not-for-profit organizations, but must 738 reformat this information for reporting according to this 739 paragraph. 740 2. Charter schools shall provide annual financial report 741 and program cost report information in the state-required 742 formats for inclusion in sponsordistrictreporting in 743 compliance with s. 1011.60(1). Charter schools that are operated 744 by a municipality or are a component unit of a parent nonprofit 745 organization may use the accounting system of the municipality 746 or the parent but must reformat this information for reporting 747 according to this paragraph. 748 3. A charter school shall, upon approval of the charter 749 contract, provide the sponsor with a concise, uniform, monthly 750 financial statement summary sheet that contains a balance sheet 751 and a statement of revenue, expenditures, and changes in fund 752 balance. The balance sheet and the statement of revenue, 753 expenditures, and changes in fund balance shall be in the 754 governmental funds format prescribed by the Governmental 755 Accounting Standards Board. A high-performing charter school 756 pursuant to s. 1002.331 may provide a quarterly financial 757 statement in the same format and requirements as the uniform 758 monthly financial statement summary sheet. The sponsor shall 759 review each monthly or quarterly financial statement to identify 760 the existence of any conditions identified in s. 1002.345(1)(a). 761 4. A charter school shall maintain and provide financial 762 information as required in this paragraph. The financial 763 statement required in subparagraph 3. must be in a form 764 prescribed by the Department of Education. 765 (n)1. The director and a representative of the governing 766 board of a charter school that has earned a grade of “D” or “F” 767 pursuant to s. 1008.34 shall appear before the sponsor to 768 present information concerning each contract component having 769 noted deficiencies. The director and a representative of the 770 governing board shall submit to the sponsor for approval a 771 school improvement plan to raise student performance. Upon 772 approval by the sponsor, the charter school shall begin 773 implementation of the school improvement plan. The department 774 shall offer technical assistance and training to the charter 775 school and its governing board and establish guidelines for 776 developing, submitting, and approving such plans. 777 2.a. If a charter school earns three consecutive grades 778 below a “C,” the charter school governing board shall choose one 779 of the following corrective actions: 780 (I) Contract for educational services to be provided 781 directly to students, instructional personnel, and school 782 administrators, as prescribed in state board rule; 783 (II) Contract with an outside entity that has a 784 demonstrated record of effectiveness to operate the school; 785 (III) Reorganize the school under a new director or 786 principal who is authorized to hire new staff; or 787 (IV) Voluntarily close the charter school. 788 b. The charter school must implement the corrective action 789 in the school year following receipt of a third consecutive 790 grade below a “C.” 791 c. The sponsor may annually waive a corrective action if it 792 determines that the charter school is likely to improve a letter 793 grade if additional time is provided to implement the 794 intervention and support strategies prescribed by the school 795 improvement plan. Notwithstanding this sub-subparagraph, a 796 charter school that earns a second consecutive grade of “F” is 797 subject to subparagraph 3. 798 d. A charter school is no longer required to implement a 799 corrective action if it improves to a “C” or higher. However, 800 the charter school must continue to implement strategies 801 identified in the school improvement plan. The sponsor must 802 annually review implementation of the school improvement plan to 803 monitor the school’s continued improvement pursuant to 804 subparagraph 4. 805 e. A charter school implementing a corrective action that 806 does not improve to a “C” or higher after 2 full school years of 807 implementing the corrective action must select a different 808 corrective action. Implementation of the new corrective action 809 must begin in the school year following the implementation 810 period of the existing corrective action, unless the sponsor 811 determines that the charter school is likely to improve to a “C” 812 or higher if additional time is provided to implement the 813 existing corrective action. Notwithstanding this sub 814 subparagraph, a charter school that earns a second consecutive 815 grade of “F” while implementing a corrective action is subject 816 to subparagraph 3. 817 3. A charter school’s charter contract is automatically 818 terminated if the school earns two consecutive grades of “F” 819 after all school grade appeals are final unless: 820 a. The charter school is established to turn around the 821 performance of a district public school pursuant to s. 822 1008.33(4)(b)2. Such charter schools shall be governed by s. 823 1008.33; 824 b. The charter school serves a student population the 825 majority of which resides in a school zone served by a district 826 public school subject to s. 1008.33(4) and the charter school 827 earns at least a grade of “D” in its third year of operation. 828 The exception provided under this sub-subparagraph does not 829 apply to a charter school in its fourth year of operation and 830 thereafter; or 831 c. The state board grants the charter school a waiver of 832 termination. The charter school must request the waiver within 833 15 days after the department’s official release of school 834 grades. The state board may waive termination if the charter 835 school demonstrates that the Learning Gains of its students on 836 statewide assessments are comparable to or better than the 837 Learning Gains of similarly situated students enrolled in nearby 838districtpublic schools. The waiver is valid for 1 year and may 839 only be granted once. Charter schools that have been in 840 operation for more than 5 years are not eligible for a waiver 841 under this sub-subparagraph. 842 843 The sponsor shall notify the charter school’s governing board, 844 the charter school principal, and the department in writing when 845 a charter contract is terminated under this subparagraph. A 846 charter terminated under this subparagraph must follow the 847 procedures for dissolution and reversion of public funds 848 pursuant to paragraphs (8)(d)-(f) and (9)(o). 849 4. The director and a representative of the governing board 850 of a graded charter school that has implemented a school 851 improvement plan under this paragraph shall appear before the 852 sponsor at least once a year to present information regarding 853 the progress of intervention and support strategies implemented 854 by the school pursuant to the school improvement plan and 855 corrective actions, if applicable. The sponsor shall communicate 856 at the meeting, and in writing to the director, the services 857 provided to the school to help the school address its 858 deficiencies. 859 5. Notwithstanding any provision of this paragraph except 860 sub-subparagraphs 3.a.-c., the sponsor may terminate the charter 861 at any time pursuant to subsection (8). 862 (10) ELIGIBLE STUDENTS.— 863 (e) A charter school may limit the enrollment process only 864 to target the following student populations: 865 1. Students within specific age groups or grade levels. 866 2. Students considered at risk of dropping out of school or 867 academic failure. Such students shall include exceptional 868 education students. 869 3. Students enrolling in a charter school-in-the-workplace 870 or charter school-in-a-municipality established pursuant to 871 subsection (15). 872 4. Students residing within a reasonable distance of the 873 charter school, as described in paragraph (20)(c). Such students 874 shall be subject to a random lottery and to the racial/ethnic 875 balance provisions described in subparagraph (7)(a)8. or any 876 federal provisions that require a school to achieve a 877 racial/ethnic balance reflective of the community it serves or 878 within the racial/ethnic range of other nearby public schoolsin879the same school district. 880 5. Students who meet reasonable academic, artistic, or 881 other eligibility standards established by the charter school 882 and included in the charter school application and charter or, 883 in the case of existing charter schools, standards that are 884 consistent with the school’s mission and purpose. Such standards 885 shall be in accordance with current state law and practice in 886 public schools and may not discriminate against otherwise 887 qualified individuals. 888 6. Students articulating from one charter school to another 889 pursuant to an articulation agreement between the charter 890 schools that has been approved by the sponsor. 891 7. Students living in a development in which a developer, 892 including any affiliated business entity or charitable 893 foundation, contributes to the formation, acquisition, 894 construction, or operation of one or more charter schools or 895 charterprovides theschool facilitiesfacilityand related 896 property in an amount equal to or having a totalanappraised 897 value of at least $5 million to be used asacharter schools 898schoolto mitigate the educational impact created by the 899 development of new residential dwelling units. Students living 900 in the development areshall beentitled tono more than50 901 percent of the student stations in the charter schoolsschool. 902 The students who are eligible for enrollment are subject to a 903 random lottery, the racial/ethnic balance provisions, or any 904 federal provisions, as described in subparagraph 4. The 905 remainder of the student stations mustshallbe filled in 906 accordance with subparagraph 4. 907 (14) CHARTER SCHOOL FINANCIAL ARRANGEMENTS; INDEMNIFICATION 908 OF THE STATE AND SPONSORSCHOOL DISTRICT; CREDIT OR TAXING POWER 909 NOT TO BE PLEDGED.—Any arrangement entered into to borrow or 910 otherwise secure funds for a charter school authorized in this 911 section from a source other than the state or a sponsorschool912districtshall indemnify the state and the sponsorschool913districtfrom any and all liability, including, but not limited 914 to, financial responsibility for the payment of the principal or 915 interest. Any loans, bonds, or other financial agreements are 916 not obligations of the state or the sponsorschool districtbut 917 are obligations of the charter school authority and are payable 918 solely from the sources of funds pledged by such agreement. The 919 credit or taxing power of the state or the sponsor mayschool920districtshallnot be pledged and no debts areshall bepayable 921 out of any moneys except those of the legal entity in possession 922 of a valid charter approved by a sponsordistrict school board923 pursuant to this section. 924 (15) CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER SCHOOLS-IN 925 A-MUNICIPALITY.— 926 (c) A charter school-in-a-municipality designation may be 927 granted to a municipality that possesses a charter; enrolls 928 students based upon a random lottery that involves all of the 929 children of the residents of that municipality who are seeking 930 enrollment, as provided for in subsection (10); and enrolls 931 students according to the racial/ethnic balance provisions 932 described in subparagraph (7)(a)8. When a municipality has 933 submitted charter applications for the establishment of a 934 charter school feeder pattern, consisting of elementary, middle, 935 and senior high schools, and each individual charter application 936 is approved by the sponsordistrict school board, such schools 937 shall then be designated as one charter school for all purposes 938 listed pursuant to this section. Any portion of the land and 939 facility used for a public charter school shall be exempt from 940 ad valorem taxes, as provided for in s. 1013.54, for the 941 duration of its use as a public school. 942 (17) FUNDING.—Students enrolled in a charter school, 943 regardless of the sponsorship, shall be funded as if they are in 944 a basic program or a special program, the same as students 945 enrolled in other public schools in the school district. Funding 946 for a charter lab school shall be as provided in s. 1002.32. 947 (a) Each charter school shall report its student enrollment 948 to the sponsor as required in s. 1011.62, and in accordance with 949 the definitions in s. 1011.61. The sponsor shall include each 950 charter school’s enrollment in the sponsor’sdistrict’sreport 951 of student enrollment. All charter schools submitting student 952 record information required by the Department of Education shall 953 comply with the Department of Education’s guidelines for 954 electronic data formats for such data, and all sponsors 955districtsshall accept electronic data that complies with the 956 Department of Education’s electronic format. 957 (b)1. The basis for the agreement for funding students 958 enrolled in a charter school shall be the sum of the school 959 district’s operating funds from the Florida Education Finance 960 Program as provided in s. 1011.62 and the General Appropriations 961 Act, including gross state and local funds, discretionary 962 lottery funds, and funds from the school district’s current 963 operating discretionary millage levy; divided by total funded 964 weighted full-time equivalent students in the school district; 965 and multiplied by the weighted full-time equivalent students for 966 the charter school. Charter schools whose students or programs 967 meet the eligibility criteria in law are entitled to their 968 proportionate share of categorical program funds included in the 969 total funds available in the Florida Education Finance Program 970 by the Legislature, including transportation, the research-based 971 reading allocation, and the Florida digital classrooms 972 allocation. Total funding for each charter school shall be 973 recalculated during the year to reflect the revised calculations 974 under the Florida Education Finance Program by the state and the 975 actual weighted full-time equivalent students reported by the 976 charter school during the full-time equivalent student survey 977 periods designated by the Commissioner of Education. For charter 978 schools operated by a not-for-profit or municipal entity, any 979 unrestricted current and capital assets identified in the 980 charter school’s annual financial audit may be used for other 981 charter schools operated by the not-for-profit or municipal 982 entity within the school district. Unrestricted current assets 983 shall be used in accordance with s. 1011.62, and any 984 unrestricted capital assets shall be used in accordance with s. 985 1013.62(2). 986 2.a. Students enrolled in a charter school sponsored by a 987 state university or a Florida College System institution 988 pursuant to paragraph (5)(a) must be funded as if they are in a 989 basic program or a special program in the school district. The 990 basis for funding these students is the sum of the total 991 operating funds from the Florida Education Finance Program for 992 the school district in which the school is located as provided 993 in s. 1011.62 and the General Appropriations Act, including 994 gross state and local funds, discretionary lottery funds, and 995 funds from each school district’s current operating 996 discretionary millage levy; divided by the total funded weighted 997 full-time equivalent students in the district; and multiplied by 998 the full-time equivalent membership of the charter school. The 999 Department of Education shall develop a tool that each state 1000 university or Florida College System institution that sponsors a 1001 charter school must use for purposes of calculating the funding 1002 amount for each eligible charter school student. The total 1003 amount obtained on the basis of the calculation must be 1004 appropriated to the charter school from state funds in the 1005 General Appropriations Act. 1006 b. Capital outlay funding for a charter school sponsored by 1007 a state university or a Florida College System institution 1008 pursuant to paragraph (5)(a) is determined pursuant to s. 1009 1013.62 and the General Appropriations Act. 1010 (e) SponsorsDistrict school boardsshall make timely and 1011 efficient payment and reimbursement to charter schools, 1012 including processing paperwork required to access special state 1013 and federal funding for which they may be eligible. Payments of 1014 funds under paragraph (b) shall be made monthly or twice a 1015 month, beginning with the start of the sponsor’sdistrict school1016board’sfiscal year. Each payment shall be one-twelfth, or one 1017 twenty-fourth, as applicable, of the total state and local funds 1018 described in paragraph (b) and adjusted as set forth therein. 1019 For the first 2 years of a charter school’s operation, if a 1020 minimum of 75 percent of the projected enrollment is entered 1021 into the sponsor’s student information system by the first day 1022 of the current month, the sponsordistrict school boardshall 1023 distribute funds to the school for the months of July through 1024 October based on the projected full-time equivalent student 1025 membership of the charter school as submitted in the approved 1026 application. If less than 75 percent of the projected enrollment 1027 is entered into the sponsor’s student information system by the 1028 first day of the current month, the sponsor shall base payments 1029 on the actual number of student enrollment entered into the 1030 sponsor’s student information system. Thereafter, the results of 1031 full-time equivalent student membership surveys shall be used in 1032 adjusting the amount of funds distributed monthly to the charter 1033 school for the remainder of the fiscal year. The payments shall 1034 be issued no later than 10 working days after the sponsor 1035district school boardreceives a distribution of state or 1036 federal funds or the date the payment is due pursuant to this 1037 subsection. If a warrant for payment is not issued within 10 1038 working days after receipt of funding by the sponsordistrict1039school board, the sponsorschool districtshall pay to the 1040 charter school, in addition to the amount of the scheduled 1041 disbursement, interest at a rate of 1 percent per month 1042 calculated on a daily basis on the unpaid balance from the 1043 expiration of the 10 working days until such time as the warrant 1044 is issued. The district school board may not delay payment to a 1045 charter school of any portion of the funds provided in paragraph 1046 (b) based on the timing of receipt of local funds by the 1047 district school board. 1048 (18) FACILITIES.— 1049 (a) A startup charter school shall utilize facilities which 1050 comply with the Florida Building Code pursuant to chapter 553 1051 except for the State Requirements for Educational Facilities. 1052 Conversion charter schools shall utilize facilities that comply 1053 with the State Requirements for Educational Facilities provided 1054 that the school district and the charter school have entered 1055 into a mutual management plan for the reasonable maintenance of 1056 such facilities. The mutual management plan shall contain a 1057 provision by which the district school board agrees to maintain 1058 charter school facilities in the same manner as its other public 1059 schools within the district. Charter schools, with the exception 1060 of conversion charter schools, are not required to comply, but 1061 may choose to comply, with the State Requirements for 1062 Educational Facilities of the Florida Building Code adopted 1063 pursuant to s. 1013.37. The local governing authority shall not 1064 adopt or impose any local building requirements or site 1065 development restrictions, such as parking and site-size 1066 criteria, student enrollment, and occupant load, that are 1067 addressed by and more stringent than those found in the State 1068 Requirements for Educational Facilities of the Florida Building 1069 Code. A local governing authority must treat charter schools 1070 equitably in comparison to similar requirements, restrictions, 1071 and site planning processes imposed upon public schools that are 1072 not charter schools. Within 14 days after receiving a request 1073 from a charter school, the local governing authority for that 1074 school shall provide a written justification for any challenged 1075 requirements, restrictions, and site planning processes. The 1076 agency having jurisdiction for inspection of a facility and 1077 issuance of a certificate of occupancy or use shall be the local 1078 municipality or, if in an unincorporated area, the county 1079 governing authority. If an official or employee of the local 1080 governing authority refuses to comply with this paragraph, the 1081 aggrieved school or entity has an immediate right to bring an 1082 action in circuit court to enforce its rights by injunction. If 1083 the court finds that the local governing authority failed to 1084 treat the charter school equitably, the court shall award 1085 attorney fees and court costs to the charter school. An 1086 aggrieved party that receives injunctive relief may be awarded 1087 attorney fees and court costs. 1088 (c) Any facility, or portion thereof, used to house a 1089 charter school whose charter has been approved by the sponsor 1090 and the governing board, pursuant to subsection (7), isshall be1091 exempt from ad valorem taxes pursuant to s. 196.1983. Libraries, 1092 community organizations, museums, performing arts organizations, 1093 theaters, cinemas, churches and other places of worship, and 1094 Florida College System institutionsLibrary, community service,1095museum, performing arts, theatre, cinema, church, Florida1096College System institution, college, and university facilities1097 may provide space to charter schools within their facilities 1098 under their preexisting zoning and land use designations. Local 1099 governing authorities may not impose any additional 1100 requirements, including, without limitation,without obtaininga 1101 special exception, rezoning, oraland use changes, or other 1102 site-specific or use requirements or processes. The educational 1103 occupant load for the charter school within these facilities 1104 shall be based solely on the criteria set forth in the Florida 1105 Building Code and the Florida Fire Prevention Code. No other 1106 restrictions on the number of students in the facility apply 1107change. 1108 (e) If a district school board facility or property is 1109 available because it is surplus, marked for disposal, or 1110 otherwise unused, it shall be provided for a charter school’s 1111 use on the same basis as it is made available to other public 1112 schools in the district. A charter school receiving property 1113 from the sponsorschool districtmay not sell or dispose of such 1114 property without written permission of the sponsorschool1115district. Similarly, for an existing public school converting to 1116 charter status, no rental or leasing fee for the existing 1117 facility or for the property normally inventoried to the 1118 conversion school may be charged by the district school board to 1119 the parents and teachers organizing the charter school. The 1120 charter school shall agree to reasonable maintenance provisions 1121 in order to maintain the facility in a manner similar to 1122 district school board standards. The Public Education Capital 1123 Outlay maintenance funds or any other maintenance funds 1124 generated by the facility operated as a conversion school shall 1125 remain with the conversion school. A school district may enter 1126 into an agreement to plan, design, and construct a charter 1127 school and may serve as one or more of the following with regard 1128 to the property and building: 1129 1. The financial agent. 1130 2. The lienholder. 1131 3. The lessor. 1132 (20) SERVICES.— 1133 (a)1. A sponsor shall provide certain administrative and 1134 educational services to charter schools. These services shall 1135 include contract management services; full-time equivalent and 1136 data reporting services; exceptional student education 1137 administration services; services related to eligibility and 1138 reporting duties required to ensure that school lunch services 1139 under the National School Lunch Program, consistent with the 1140 needs of the charter school, are provided by the sponsorschool1141districtat the request of the charter school, that any funds 1142 due to the charter school under the National School Lunch 1143 Program be paid to the charter school as soon as the charter 1144 school begins serving food under the National School Lunch 1145 Program, and that the charter school is paid at the same time 1146 and in the same manner under the National School Lunch Program 1147 as other public schools serviced by the sponsor or the school 1148 district; test administration services, including payment of the 1149 costs of state-required or district-required student 1150 assessments; processing of teacher certificate data services; 1151 and information services, including equal access to the 1152 sponsor’s student information systems that are used by public 1153 schools in the district in which the charter school is located 1154 or, if the sponsor is not a school district, by schools in the 1155 sponsor’s portfolio of charter schools. Student performance data 1156 for each student in a charter school, including, but not limited 1157 to, FCAT scores, standardized test scores, previous public 1158 school student report cards, and student performance measures, 1159 shall be provided by the sponsor to a charter school in the same 1160 manner provided to other public schools in the district or, if 1161 the sponsor is not a school district, by schools in the 1162 sponsor’s portfolio of charter schools. 1163 2. A sponsor may withhold an administrative fee for the 1164 provision of such services which shall be a percentage of the 1165 available funds defined in paragraph (17)(b) calculated based on 1166 weighted full-time equivalent students. If the charter school 1167 serves 75 percent or more exceptional education students as 1168 defined in s. 1003.01(3), the percentage shall be calculated 1169 based on unweighted full-time equivalent students. The 1170 administrative fee shall be calculated as follows: 1171 a. Up to 5 percent for: 1172 (I) Enrollment of up to and including 250 students in a 1173 charter school as defined in this section. 1174 (II) Enrollment of up to and including 500 students within 1175 a charter school system which meets all of the following: 1176 (A) Includes conversion charter schools and nonconversion 1177 charter schools. 1178 (B) Has all of its schools located in the same county. 1179 (C) Has a total enrollment exceeding the total enrollment 1180 of at least one school district in the state. 1181 (D) Has the same governing board for all of its schools. 1182 (E) Does not contract with a for-profit service provider 1183 for management of school operations. 1184 (III) Enrollment of up to and including 250 students in a 1185 virtual charter school. 1186 b. Up to 2 percent for enrollment of up to and including 1187 250 students in a high-performing charter school as defined in 1188 s. 1002.331. 1189 3. A sponsor may not charge charter schools any additional 1190 fees or surcharges for administrative and educational services 1191 in addition to the maximum percentage of administrative fees 1192 withheld pursuant to this paragraph. 1193 4. A sponsor shall provide to the department by September 1194 15 of each year the total amount of funding withheld from 1195 charter schools pursuant to this subsection for the prior fiscal 1196 year. The department must include the information in the report 1197 required under sub-sub-subparagraph (5)(b)1.k.(III). 1198 (b) If goods and services are made available to the charter 1199 school through the contract with the sponsorschool district, 1200 they shall be provided to the charter school at a rate no 1201 greater than the sponsor’sdistrict’sactual cost unless 1202 mutually agreed upon by the charter school and the sponsor in a 1203 contract negotiated separately from the charter. When mediation 1204 has failed to resolve disputes over contracted services or 1205 contractual matters not included in the charter, an appeal may 1206 be made to an administrative law judge appointed by the Division 1207 of Administrative Hearings. The administrative law judge has 1208 final order authority to rule on the dispute. The administrative 1209 law judge shall award the prevailing party reasonable attorney 1210 fees and costs incurred during the mediation process, 1211 administrative proceeding, and any appeals, to be paid by the 1212 party whom the administrative law judge rules against. To 1213 maximize the use of state funds, sponsorsschool districtsshall 1214 allow charter schools to participate in the sponsor’s bulk 1215 purchasing program if applicable. 1216 (c) Transportation of charter school students shall be 1217 provided by the charter school consistent with the requirements 1218 of subpart I.E. of chapter 1006 and s. 1012.45. The governing 1219 body of the charter school may provide transportation through an 1220 agreement or contract with the sponsordistrict school board, a 1221 private provider, or parents. The charter school and the sponsor 1222 shall cooperate in making arrangements that ensure that 1223 transportation is not a barrier to equal access for all students 1224 residing within a reasonable distance of the charter school as 1225 determined in its charter. 1226 (d) Each charter school shall annually complete and submit 1227 a survey, provided in a format specified by the Department of 1228 Education, to rate the timeliness and quality of services 1229 provided by the sponsordistrictin accordance with this 1230 section. The department shall compile the results, by sponsor 1231district, and include the results in the report required under 1232 sub-sub-subparagraph (5)(b)1.k.(III). 1233 (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.— 1234 (a) The Department of Education shall provide information 1235 to the public, directly and through sponsors, on how to form and 1236 operate a charter school and how to enroll in a charter school 1237 once it is created. This information shall include the standard 1238 application form, standard charter contract, standard evaluation 1239 instrument, and standard charter renewal contract, which shall 1240 include the information specified in subsection (7) and shall be 1241 developed by consulting and negotiating with both sponsors 1242school districtsand charter schools before implementation. The 1243 charter and charter renewal contracts shall be used by charter 1244 school sponsors. 1245 (b)1. The Department of Education shall report to each 1246 charter school receiving a school grade pursuant to s. 1008.34 1247 or a school improvement rating pursuant to s. 1008.341 the 1248 school’s student assessment data. 1249 2. The charter school shall report the information in 1250 subparagraph 1. to each parent of a student at the charter 1251 school, the parent of a child on a waiting list for the charter 1252 school, the sponsordistrict in which the charter school is1253located, and the governing board of the charter school. This 1254 paragraph does not abrogate the provisions of s. 1002.22, 1255 relating to student records, or the requirements of 20 U.S.C. s. 1256 1232g, the Family Educational Rights and Privacy Act. 1257 (25) LOCAL EDUCATIONAL AGENCY STATUS FOR CERTAIN CHARTER 1258 SCHOOL SYSTEMS.— 1259 (a) A charter school system’s governing board shall be 1260 designated a local educational agency for the purpose of 1261 receiving federal funds, the same as though the charter school 1262 system were a school district, if the governing board of the 1263 charter school system has adopted and filed a resolution with 1264 its sponsorsponsoring district school boardand the Department 1265 of Education in which the governing board of the charter school 1266 system accepts the full responsibility for all local education 1267 agency requirements and the charter school system meets all of 1268 the following: 1269 1. Has all schools located in the same county; 1270 2. Has a total enrollment exceeding the total enrollment of 1271 at least one school district in the state; and 1272 3. Has the same governing board. 1273 1274 Such designation does not apply to other provisions unless 1275 specifically provided in law. 1276 (28) RULEMAKING.—The Department of Education, after 1277 consultation with sponsorsschool districtsand charter school 1278 directors, shall recommend that the State Board of Education 1279 adopt rules to implement specific subsections of this section. 1280 Such rules shall require minimum paperwork and shall not limit 1281 charter school flexibility authorized by statute. The State 1282 Board of Education shall adopt rules, pursuant to ss. 120.536(1) 1283 and 120.54, to implement a standard charter application form, 1284 standard application form for the replication of charter schools 1285 in a high-performing charter school system, standard evaluation 1286 instrument, and standard charter and charter renewal contracts 1287 in accordance with this section. 1288 Section 3. Paragraph (d) of subsection (7) and paragraph 1289 (b) of subsection (10) of section 1002.333, Florida Statutes, 1290 are amended to read: 1291 1002.333 Persistently low-performing schools.— 1292 (7) FACILITIES.— 1293 (d) No later than JanuaryOctober1 of each year, the 1294 departmenteach school districtshallannuallyprovide to school 1295 districtsthe Department of Educationa list of all underused, 1296 vacant, or surplus facilities owned or operated by the school 1297 district, as reported in the Florida Inventory of School Houses. 1298 A school district may provide evidence to the department within 1299 30 days after the list is provided that it contains errors or 1300 omissions. No later than April 1 of each year, the department 1301 shall update and publish a final list of all underused, vacant, 1302 or surplus facilities owned or operated by each school district, 1303 based upon the updated information provided by each school 1304 district. A hope operator establishing a school of hope may use 1305 an educational facility identified in this paragraph at no cost 1306 or at a mutually agreeable cost not to exceed $600 per student. 1307 A hope operator using a facility pursuant to this paragraph may 1308 not sell or dispose of such facility without the written 1309 permission of the school district. For purposes of this 1310 paragraph, the term “underused, vacant, or surplus facility” 1311 means an entire facility or portion thereof which is not fully 1312 used or is used irregularly or intermittently by the school 1313 district for instructional or program use. 1314 (10) SCHOOLS OF HOPE PROGRAM.—The Schools of Hope Program 1315 is created within the Department of Education. 1316 (b) Notwithstanding s. 216.301 and pursuant to s. 216.351, 1317 funds allocated for the purpose of this subsection which are not 1318 disbursed by June 30 of the fiscal year in which the funds are 1319 allocated may be carried forward for up to 75years after the 1320 effective date of the original appropriation. 1321 Section 4. Paragraph (a) of subsection (1) of section 1322 1003.493, Florida Statutes, is amended to read: 1323 1003.493 Career and professional academies and career 1324 themed courses.— 1325 (1)(a) A “career and professional academy” is a research 1326 based program that integrates a rigorous academic curriculum 1327 with an industry-specific curriculum aligned directly to 1328 priority workforce needs established by the local workforce 1329 development board or the Department of Economic Opportunity. 1330 Career and professional academies mustshallbe offered by 1331 public schools and school districts and may be offered by 1332 charter schools. The Florida Virtual School is encouraged to 1333 develop and offer rigorous career and professional courses as 1334 appropriate. Students completing career and professional academy 1335 programs must receive a standard high school diploma, the 1336 highest available industry certification, and opportunities to 1337 earn postsecondary credit if the academy partners with a 1338 postsecondary institution approved to operate in the state. 1339 Section 5. Section 1013.385, Florida Statutes, is amended 1340 to read: 1341 1013.385 School district construction flexibility.— 1342(1)Upon a majority vote at a public meeting that begins no 1343 earlier than 5 p.m., a district school board may, with a1344majority vote at a public meeting that begins no earlier than 51345p.m.,adopt a resolution to implement exceptions to s. 453 of 1346 the Florida Building Code whichone or more of the exceptions to1347the educational facilities construction requirements provided in1348this section.1349(2)A resolution adopted under this section may propose1350implementation of exceptions to requirements of the uniform1351statewide building code for the planning and construction of1352public educational and ancillary plants adopted pursuant to ss.1353553.73 and 1013.37 relating to:1354(a)Interior non-load-bearing walls, by approving the use1355of fire-rated wood stud walls in new construction or remodeling1356for interior non-load-bearing wall assemblies that will not be1357exposed to water or located in wet areas.1358(b)Walkways, roadways, driveways, and parking areas, by1359approving the use of designated, stabilized, and well-drained1360gravel or grassed student parking areas.1361(c)Standards for relocatables used as classroom space, as1362specified in s. 1013.20, by approving construction1363specifications for installation of relocatable buildings that do1364not have covered walkways leading to the permanent buildings1365onsite.1366(d)Site lighting, by approving construction specifications1367regarding site lighting that:13681.Do not provide for lighting of gravel or grassed1369auxiliary or student parking areas.13702.Provide lighting for walkways, roadways, driveways,1371paved parking lots, exterior stairs, ramps, and walkways from1372the exterior of the building to a public walkway through1373installation of a timer that is set to provide lighting only1374during periods when the site is occupied.13753.Allow lighting for building entrances and exits to be1376installed with a timer that is set to provide lighting only1377during periods in which the building is occupied. The minimum1378illumination level at single-door exits may be reduced to no1379less than 1 foot-candle.1380(e)Any otherprovisions thatlimit the ability of a school 1381 district to design and construct a facility in the same manner 1382 as a charter school, or to operate in a facility on the same 1383 basis as a charter school pursuant to s. 1002.33(18), so long as 1384 the regional planning council determines that there is 1385 sufficient shelter capacity within the school district as 1386 documented in the Statewide Emergency Shelter Plan. 1387 Section 6. For the purpose of incorporating the amendment 1388 made by this act to section 1002.33, Florida Statutes, in a 1389 reference thereto, paragraph (c) of subsection (2) of section 1390 11.40, Florida Statutes, is reenacted to read: 1391 11.40 Legislative Auditing Committee.— 1392 (2) Following notification by the Auditor General, the 1393 Department of Financial Services, the Division of Bond Finance 1394 of the State Board of Administration, the Governor or his or her 1395 designee, or the Commissioner of Education or his or her 1396 designee of the failure of a local governmental entity, district 1397 school board, charter school, or charter technical career center 1398 to comply with the applicable provisions within s. 11.45(5)-(7), 1399 s. 218.32(1), s. 218.38, or s. 218.503(3), the Legislative 1400 Auditing Committee may schedule a hearing to determine if the 1401 entity should be subject to further state action. If the 1402 committee determines that the entity should be subject to 1403 further state action, the committee shall: 1404 (c) In the case of a charter school or charter technical 1405 career center, notify the appropriate sponsoring entity, which 1406 may terminate the charter pursuant to ss. 1002.33 and 1002.34. 1407 Section 7. For the purpose of incorporating the amendment 1408 made by this act to section 1002.33, Florida Statutes, in a 1409 reference thereto, paragraph (h) of subsection (6) of section 1410 163.3180, Florida Statutes, is reenacted to read: 1411 163.3180 Concurrency.— 1412 (6) 1413 (h)1. In order to limit the liability of local governments, 1414 a local government may allow a landowner to proceed with 1415 development of a specific parcel of land notwithstanding a 1416 failure of the development to satisfy school concurrency, if all 1417 the following factors are shown to exist: 1418 a. The proposed development would be consistent with the 1419 future land use designation for the specific property and with 1420 pertinent portions of the adopted local plan, as determined by 1421 the local government. 1422 b. The local government’s capital improvements element and 1423 the school board’s educational facilities plan provide for 1424 school facilities adequate to serve the proposed development, 1425 and the local government or school board has not implemented 1426 that element or the project includes a plan that demonstrates 1427 that the capital facilities needed as a result of the project 1428 can be reasonably provided. 1429 c. The local government and school board have provided a 1430 means by which the landowner will be assessed a proportionate 1431 share of the cost of providing the school facilities necessary 1432 to serve the proposed development. 1433 2. If a local government applies school concurrency, it may 1434 not deny an application for site plan, final subdivision 1435 approval, or the functional equivalent for a development or 1436 phase of a development authorizing residential development for 1437 failure to achieve and maintain the level-of-service standard 1438 for public school capacity in a local school concurrency 1439 management system where adequate school facilities will be in 1440 place or under actual construction within 3 years after the 1441 issuance of final subdivision or site plan approval, or the 1442 functional equivalent. School concurrency is satisfied if the 1443 developer executes a legally binding commitment to provide 1444 mitigation proportionate to the demand for public school 1445 facilities to be created by actual development of the property, 1446 including, but not limited to, the options described in sub 1447 subparagraph a. Options for proportionate-share mitigation of 1448 impacts on public school facilities must be established in the 1449 comprehensive plan and the interlocal agreement pursuant to s. 1450 163.31777. 1451 a. Appropriate mitigation options include the contribution 1452 of land; the construction, expansion, or payment for land 1453 acquisition or construction of a public school facility; the 1454 construction of a charter school that complies with the 1455 requirements of s. 1002.33(18); or the creation of mitigation 1456 banking based on the construction of a public school facility in 1457 exchange for the right to sell capacity credits. Such options 1458 must include execution by the applicant and the local government 1459 of a development agreement that constitutes a legally binding 1460 commitment to pay proportionate-share mitigation for the 1461 additional residential units approved by the local government in 1462 a development order and actually developed on the property, 1463 taking into account residential density allowed on the property 1464 prior to the plan amendment that increased the overall 1465 residential density. The district school board must be a party 1466 to such an agreement. As a condition of its entry into such a 1467 development agreement, the local government may require the 1468 landowner to agree to continuing renewal of the agreement upon 1469 its expiration. 1470 b. If the interlocal agreement and the local government 1471 comprehensive plan authorize a contribution of land; the 1472 construction, expansion, or payment for land acquisition; the 1473 construction or expansion of a public school facility, or a 1474 portion thereof; or the construction of a charter school that 1475 complies with the requirements of s. 1002.33(18), as 1476 proportionate-share mitigation, the local government shall 1477 credit such a contribution, construction, expansion, or payment 1478 toward any other impact fee or exaction imposed by local 1479 ordinance for public educational facilities, on a dollar-for 1480 dollar basis at fair market value. The credit must be based on 1481 the total impact fee assessed and not on the impact fee for any 1482 particular type of school. 1483 c. Any proportionate-share mitigation must be directed by 1484 the school board toward a school capacity improvement identified 1485 in the 5-year school board educational facilities plan that 1486 satisfies the demands created by the development in accordance 1487 with a binding developer’s agreement. 1488 3. This paragraph does not limit the authority of a local 1489 government to deny a development permit or its functional 1490 equivalent pursuant to its home rule regulatory powers, except 1491 as provided in this part. 1492 Section 8. For the purpose of incorporating the amendment 1493 made by this act to section 1002.33, Florida Statutes, in a 1494 reference thereto, section 196.1983, Florida Statutes, is 1495 reenacted to read: 1496 196.1983 Charter school exemption from ad valorem taxes. 1497 Any facility, or portion thereof, used to house a charter school 1498 whose charter has been approved by the sponsor and the governing 1499 board pursuant to s. 1002.33(7) shall be exempt from ad valorem 1500 taxes. For leasehold properties, the landlord must certify by 1501 affidavit to the charter school that the required payments under 1502 the lease, whether paid to the landlord or on behalf of the 1503 landlord to a third party, will be reduced to the extent of the 1504 exemption received. The owner of the property shall disclose to 1505 a charter school the full amount of the benefit derived from the 1506 exemption and the method for ensuring that the charter school 1507 receives such benefit. The charter school shall receive the full 1508 benefit derived from the exemption. 1509 Section 9. For the purpose of incorporating the amendment 1510 made by this act to section 1002.33, Florida Statutes, in a 1511 reference thereto, paragraph (e) of subsection (1) of section 1512 218.39, Florida Statutes, is reenacted to read: 1513 218.39 Annual financial audit reports.— 1514 (1) If, by the first day in any fiscal year, a local 1515 governmental entity, district school board, charter school, or 1516 charter technical career center has not been notified that a 1517 financial audit for that fiscal year will be performed by the 1518 Auditor General, each of the following entities shall have an 1519 annual financial audit of its accounts and records completed 1520 within 9 months after the end of its fiscal year by an 1521 independent certified public accountant retained by it and paid 1522 from its public funds: 1523 (e) Each charter school established under s. 1002.33. 1524 Section 10. For the purpose of incorporating the amendment 1525 made by this act to section 1002.33, Florida Statutes, in a 1526 reference thereto, paragraph (a) of subsection (4) of section 1527 381.0056, Florida Statutes, is reenacted to read: 1528 381.0056 School health services program.— 1529 (4)(a) Each county health department shall develop, jointly 1530 with the district school board and the local school health 1531 advisory committee, a school health services plan. The plan must 1532 include, at a minimum, provisions for all of the following: 1533 1. Health appraisal; 1534 2. Records review; 1535 3. Nurse assessment; 1536 4. Nutrition assessment; 1537 5. A preventive dental program; 1538 6. Vision screening; 1539 7. Hearing screening; 1540 8. Scoliosis screening; 1541 9. Growth and development screening; 1542 10. Health counseling; 1543 11. Referral and followup of suspected or confirmed health 1544 problems by the local county health department; 1545 12. Meeting emergency health needs in each school; 1546 13. County health department personnel to assist school 1547 personnel in health education curriculum development; 1548 14. Referral of students to appropriate health treatment, 1549 in cooperation with the private health community whenever 1550 possible; 1551 15. Consultation with a student’s parent or guardian 1552 regarding the need for health attention by the family physician, 1553 dentist, or other specialist when definitive diagnosis or 1554 treatment is indicated; 1555 16. Maintenance of records on incidents of health problems, 1556 corrective measures taken, and such other information as may be 1557 needed to plan and evaluate health programs; except, however, 1558 that provisions in the plan for maintenance of health records of 1559 individual students must be in accordance with s. 1002.22; 1560 17. Health information which will be provided by the school 1561 health nurses, when necessary, regarding the placement of 1562 students in exceptional student programs and the reevaluation at 1563 periodic intervals of students placed in such programs; 1564 18. Notification to the local nonpublic schools of the 1565 school health services program and the opportunity for 1566 representatives of the local nonpublic schools to participate in 1567 the development of the cooperative health services plan; and 1568 19. Immediate notification to a student’s parent, guardian, 1569 or caregiver if the student is removed from school, school 1570 transportation, or a school-sponsored activity and taken to a 1571 receiving facility for an involuntary examination pursuant to s. 1572 394.463, including the requirements established under ss. 1573 1002.20(3) and 1002.33(9), as applicable. 1574 Section 11. For the purpose of incorporating the amendment 1575 made by this act to section 1002.33, Florida Statutes, in a 1576 reference thereto, paragraph (b) of subsection (1) of section 1577 409.1664, Florida Statutes, is reenacted to read: 1578 409.1664 Adoption benefits for qualifying adoptive 1579 employees of state agencies.— 1580 (1) As used in this section, the term: 1581 (b) “Qualifying adoptive employee” means a full-time or 1582 part-time employee of a state agency, a charter school 1583 established under s. 1002.33, or the Florida Virtual School 1584 established under s. 1002.37 who is paid from regular salary 1585 appropriations, or otherwise meets his or her employer’s 1586 definition of a regular rather than temporary employee, and who 1587 adopts a child within the child welfare system pursuant to 1588 chapter 63 on or after July 1, 2015. The term includes 1589 instructional personnel, as defined in s. 1012.01, who are 1590 employed by the Florida School for the Deaf and the Blind. 1591 Section 12. For the purpose of incorporating the amendment 1592 made by this act to section 1002.33, Florida Statutes, in a 1593 reference thereto, subsection (1) of section 409.9072, Florida 1594 Statutes, is reenacted to read: 1595 409.9072 Medicaid provider agreements for charter schools 1596 and private schools.— 1597 (1) Subject to a specific appropriation by the Legislature, 1598 the agency shall reimburse private schools as defined in s. 1599 1002.01 and schools designated as charter schools under s. 1600 1002.33 which are Medicaid providers for school-based services 1601 pursuant to the rehabilitative services option provided under 42 1602 U.S.C. s. 1396d(a)(13) to children younger than 21 years of age 1603 with specified disabilities who are eligible for both Medicaid 1604 and part B or part H of the Individuals with Disabilities 1605 Education Act (IDEA) or the exceptional student education 1606 program, or who have an individualized educational plan. 1607 Section 13. For the purpose of incorporating the amendment 1608 made by this act to section 1002.33, Florida Statutes, in a 1609 reference thereto, subsection (7) of section 944.801, Florida 1610 Statutes, is reenacted to read: 1611 944.801 Education for state prisoners.— 1612 (7) The department may contract with a district school 1613 board, the Florida Virtual School, or a charter school 1614 authorized to operate under s. 1002.33 to provide education 1615 services in the Correctional Education Program. The education 1616 services may include any educational, career, or vocational 1617 training that is authorized by the department. 1618 Section 14. For the purpose of incorporating the amendment 1619 made by this act to section 1002.33, Florida Statutes, in a 1620 reference thereto, subsection (1) of section 951.176, Florida 1621 Statutes, is reenacted to read: 1622 951.176 Provision of education.— 1623 (1) Each county may contract with a district school board, 1624 the Florida Virtual School, or a charter school authorized to 1625 operate under s. 1002.33 to provide education services for 1626 inmates at county detention facilities. The education services 1627 may include any educational, career, or vocational training that 1628 is authorized by the sheriff or chief correctional officer, or 1629 his or her designee. 1630 Section 15. For the purpose of incorporating the amendment 1631 made by this act to section 1002.33, Florida Statutes, in a 1632 reference thereto, paragraph (d) of subsection (3) of section 1633 1006.15, Florida Statutes, is reenacted to read: 1634 1006.15 Student standards for participation in 1635 interscholastic and intrascholastic extracurricular student 1636 activities; regulation.— 1637 (3) 1638 (d) An individual charter school student pursuant to s. 1639 1002.33 is eligible to participate at the public school to which 1640 the student would be assigned according to district school board 1641 attendance area policies or which the student could attend in 1642 any interscholastic extracurricular activity of that school, 1643 unless such activity is provided by the student’s charter 1644 school, if the following conditions are met: 1645 1. The charter school student must meet the requirements of 1646 the charter school education program as determined by the 1647 charter school governing board. 1648 2. During the period of participation at a school, the 1649 charter school student must demonstrate educational progress as 1650 required in paragraph (b). 1651 3. The charter school student must meet the same residency 1652 requirements as other students in the school at which he or she 1653 participates. 1654 4. The charter school student must meet the same standards 1655 of acceptance, behavior, and performance that are required of 1656 other students in extracurricular activities. 1657 5. The charter school student must register with the school 1658 his or her intent to participate in interscholastic 1659 extracurricular activities as a representative of the school 1660 before participation. A charter school student must be able to 1661 participate in curricular activities if that is a requirement 1662 for an extracurricular activity. 1663 6. A student who transfers from a charter school program to 1664 a traditional public school before or during the first grading 1665 period of the school year is academically eligible to 1666 participate in interscholastic extracurricular activities during 1667 the first grading period if the student has a successful 1668 evaluation from the previous school year, pursuant to 1669 subparagraph 2. 1670 7. Any public school or private school student who has been 1671 unable to maintain academic eligibility for participation in 1672 interscholastic extracurricular activities is ineligible to 1673 participate in such activities as a charter school student until 1674 the student has successfully completed one grading period in a 1675 charter school pursuant to subparagraph 2. to become eligible to 1676 participate as a charter school student. 1677 Section 16. For the purpose of incorporating the amendment 1678 made by this act to section 1002.33, Florida Statutes, in a 1679 reference thereto, paragraph (c) of subsection (3) of section 1680 1008.33, Florida Statutes, is reenacted to read: 1681 1008.33 Authority to enforce public school improvement.— 1682 (3) 1683 (c) The state board shall adopt by rule a differentiated 1684 matrix of intervention and support strategies for assisting 1685 traditional public schools identified under this section and 1686 rules for implementing s. 1002.33(9)(n), relating to charter 1687 schools. The intervention and support strategies must address 1688 student performance and may include improvement planning; 1689 leadership quality improvement; educator quality improvement; 1690 professional development; curriculum review, pacing, and 1691 alignment across grade levels to improve background knowledge in 1692 social studies, science, and the arts; and the use of continuous 1693 improvement and monitoring plans and processes. In addition, the 1694 state board may prescribe reporting requirements to review and 1695 monitor the progress of the schools. The rule must define the 1696 intervention and support strategies for school improvement for 1697 schools earning a grade of “D” or “F” and the roles for the 1698 district and department. 1699 Section 17. For the purpose of incorporating the amendment 1700 made by this act to section 1002.33, Florida Statutes, in a 1701 reference thereto, paragraph (c) of subsection (1) of section 1702 1011.61, Florida Statutes, is reenacted to read: 1703 1011.61 Definitions.—Notwithstanding the provisions of s. 1704 1000.21, the following terms are defined as follows for the 1705 purposes of the Florida Education Finance Program: 1706 (1) A “full-time equivalent student” in each program of the 1707 district is defined in terms of full-time students and part-time 1708 students as follows: 1709 (c)1. A “full-time equivalent student” is: 1710 a. A full-time student in any one of the programs listed in 1711 s. 1011.62(1)(c); or 1712 b. A combination of full-time or part-time students in any 1713 one of the programs listed in s. 1011.62(1)(c) which is the 1714 equivalent of one full-time student based on the following 1715 calculations: 1716 (I) A full-time student in a combination of programs listed 1717 in s. 1011.62(1)(c) shall be a fraction of a full-time 1718 equivalent membership in each special program equal to the 1719 number of net hours per school year for which he or she is a 1720 member, divided by the appropriate number of hours set forth in 1721 subparagraph (a)1. The difference between that fraction or sum 1722 of fractions and the maximum value as set forth in subsection 1723 (4) for each full-time student is presumed to be the balance of 1724 the student’s time not spent in a special program and shall be 1725 recorded as time in the appropriate basic program. 1726 (II) A prekindergarten student with a disability shall meet 1727 the requirements specified for kindergarten students. 1728 (III) A full-time equivalent student for students in 1729 kindergarten through grade 12 in a full-time virtual instruction 1730 program under s. 1002.45 or a virtual charter school under s. 1731 1002.33 shall consist of six full-credit completions or the 1732 prescribed level of content that counts toward promotion to the 1733 next grade in programs listed in s. 1011.62(1)(c). Credit 1734 completions may be a combination of full-credit courses or half 1735 credit courses. 1736 (IV) A full-time equivalent student for students in 1737 kindergarten through grade 12 in a part-time virtual instruction 1738 program under s. 1002.45 shall consist of six full-credit 1739 completions in programs listed in s. 1011.62(1)(c)1. and 3. 1740 Credit completions may be a combination of full-credit courses 1741 or half-credit courses. 1742 (V) A Florida Virtual School full-time equivalent student 1743 shall consist of six full-credit completions or the prescribed 1744 level of content that counts toward promotion to the next grade 1745 in the programs listed in s. 1011.62(1)(c)1. and 3. for students 1746 participating in kindergarten through grade 12 part-time virtual 1747 instruction and the programs listed in s. 1011.62(1)(c) for 1748 students participating in kindergarten through grade 12 full 1749 time virtual instruction. Credit completions may be a 1750 combination of full-credit courses or half-credit courses. 1751 (VI) Each successfully completed full-credit course earned 1752 through an online course delivered by a district other than the 1753 one in which the student resides shall be calculated as 1/6 FTE. 1754 (VII) A full-time equivalent student for courses requiring 1755 passage of a statewide, standardized end-of-course assessment 1756 under s. 1003.4282 to earn a standard high school diploma shall 1757 be defined and reported based on the number of instructional 1758 hours as provided in this subsection. 1759 (VIII) For students enrolled in a school district as a 1760 full-time student, the district may report 1/6 FTE for each 1761 student who passes a statewide, standardized end-of-course 1762 assessment without being enrolled in the corresponding course. 1763 2. A student in membership in a program scheduled for more 1764 or less than 180 school days or the equivalent on an hourly 1765 basis as specified by rules of the State Board of Education is a 1766 fraction of a full-time equivalent membership equal to the 1767 number of instructional hours in membership divided by the 1768 appropriate number of hours set forth in subparagraph (a)1.; 1769 however, for the purposes of this subparagraph, membership in 1770 programs scheduled for more than 180 days is limited to students 1771 enrolled in: 1772 a. Juvenile justice education programs. 1773 b. The Florida Virtual School. 1774 c. Virtual instruction programs and virtual charter schools 1775 for the purpose of course completion and credit recovery 1776 pursuant to ss. 1002.45 and 1003.498. Course completion applies 1777 only to a student who is reported during the second or third 1778 membership surveys and who does not complete a virtual education 1779 course by the end of the regular school year. The course must be 1780 completed no later than the deadline for amending the final 1781 student enrollment survey for that year. Credit recovery applies 1782 only to a student who has unsuccessfully completed a traditional 1783 or virtual education course during the regular school year and 1784 must retake the course in order to be eligible to graduate with 1785 the student’s class. 1786 1787 The full-time equivalent student enrollment calculated under 1788 this subsection is subject to the requirements in subsection 1789 (4). 1790 1791 The department shall determine and implement an equitable method 1792 of equivalent funding for schools operating under emergency 1793 conditions, which schools have been approved by the department 1794 to operate for less than the minimum term as provided in s. 1795 1011.60(2). 1796 Section 18. This act shall take effect July 1, 2020.