Bill Text: FL S1630 | 2013 | Regular Session | Comm Sub
Bill Title: Education
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2013-04-30 - Laid on Table, companion bill(s) passed, see CS/CS/HB 7009 (Ch. 2013-250), CS/SB 1108 (Ch. 2013-236) [S1630 Detail]
Download: Florida-2013-S1630-Comm_Sub.html
Florida Senate - 2013 CS for SB 1630 By the Committee on Appropriations; and Senator Legg 576-04939-13 20131630c1 1 A bill to be entitled 2 An act relating to education; amending s. 1002.33, 3 F.S.; requiring a charter school sponsor to submit an 4 annual report that includes specified information; 5 allowing a school district to enter into certain 6 interlocal agreements and allowing charter schools to 7 use the school district for certain related services; 8 modifying the application process for charter schools; 9 prohibiting a sponsor from requiring a charter school 10 to have a certificate of occupancy before the first 11 day of school; requiring a sponsor to make student 12 academic achievement for all students a priority in 13 deciding whether to renew a charter; modifying charter 14 school requirements for financial records; imposing 15 rules that follow the closing of a charter school or 16 termination of a charter; requiring a charter school 17 to maintain a public website with certain information; 18 modifying statutory exemptions for charter schools; 19 restricting the membership of a charter school 20 governing board; amending s. 1002.331, F.S.; modifying 21 a limitation for increasing student enrollment; 22 providing that the sponsor may deny a request to 23 increase enrollment under certain circumstances; 24 establishing timeframes for a charter school 25 requesting that multiple charters be consolidated; 26 requiring that full implementation of online 27 assessments for Next Generation Sunshine State 28 Standards in English/language arts and mathematics for 29 all kindergarten through grade 12 public school 30 students occur only after the technology 31 infrastructure, connectivity, and capacity of all 32 public schools and school districts have been load 33 tested and independently verified as ready for 34 successful deployment and implementation; requiring 35 that the technology infrastructure, connectivity, and 36 capacity of all public schools and school districts 37 that administer statewide standardized assessments 38 pursuant to s. 1008.22, F.S., be load tested and 39 independently verified as appropriate, adequate, 40 efficient, and sustainable; providing an effective 41 date. 42 43 Be It Enacted by the Legislature of the State of Florida: 44 45 Section 1. Paragraph (b) of subsection (5), paragraph (h) 46 of subsection (6), paragraph (a) of subsection (7), paragraph 47 (a) of subsection (8), paragraph (g) of subsection (9), 48 paragraph (b) of subsection (16), paragraph (a) of subsection 49 (21), and subsection (27) of section 1002.33, Florida Statutes, 50 are amended, paragraphs (o) and (p) are added to subsection (9) 51 of that section, paragraph (c) is added to subsection (26) of 52 that section, present paragraphs (e) and (f) of subsection (17) 53 of that section are redesignated as paragraphs (f) and (g), 54 respectively, and a new paragraph (e) is added to that 55 subsection, to read: 56 1002.33 Charter schools.— 57 (5) SPONSOR; DUTIES.— 58 (b) Sponsor duties.— 59 1.a. The sponsor shall monitor and review the charter 60 school in its progress toward the goals established in the 61 charter. 62 b. The sponsor shall monitor the revenues and expenditures 63 of the charter school and perform the duties provided in s. 64 1002.345. 65 c. The sponsor may approve a charter for a charter school 66 before the applicant has identified space, equipment, or 67 personnel, if the applicant indicates approval is necessary for 68 it to raise working funds. 69 d. The sponsor’s policies shall not apply to a charter 70 school unless mutually agreed to by both the sponsor and the 71 charter school. 72 e. The sponsor shall ensure that the charter is innovative 73 and consistent with the state education goals established by s. 74 1000.03(5). 75 f. The sponsor shall ensure that the charter school 76 participates in the state’s education accountability system. If 77 a charter school falls short of performance measures included in 78 the approved charter, the sponsor shall report such shortcomings 79 to the Department of Education. 80 g. The sponsor shall not be liable for civil damages under 81 state law for personal injury, property damage, or death 82 resulting from an act or omission of an officer, employee, 83 agent, or governing body of the charter school. 84 h. The sponsor shall not be liable for civil damages under 85 state law for any employment actions taken by an officer, 86 employee, agent, or governing body of the charter school. 87 i. The sponsor’s duties to monitor the charter school shall 88 not constitute the basis for a private cause of action. 89 j. The sponsor shall not impose additional reporting 90 requirements on a charter school without providing reasonable 91 and specific justification in writing to the charter school. 92 k. The sponsor shall submit an annual report to the 93 Department of Education in a web-based format to be determined 94 by the department. 95 (I) The report shall include the following information: 96 (A) The number of draft applications received on or before 97 May 1 and each applicant’s contact information. 98 (B) The number of final applications received on or before 99 August 1 and each applicant’s contact information. 100 (C) The date each application was approved, denied, or 101 withdrawn. 102 (D) The date each final contract was executed. 103 (II) Beginning August 31, 2013, and each year thereafter, 104 the sponsor shall submit to the department the information for 105 the applications submitted the previous year. 106 (III) The department shall compile an annual report, by 107 district, and post the report on its website by November 1 of 108 each year. 109 2. Immunity for the sponsor of a charter school under 110 subparagraph 1. applies only with respect to acts or omissions 111 not under the sponsor’s direct authority as described in this 112 section. 113 3. This paragraph does not waive a district school board’s 114 sovereign immunity. 115 4. A Florida College System institution may work with the 116 school district or school districts in its designated service 117 area to develop charter schools that offer secondary education. 118 These charter schools must include an option for students to 119 receive an associate degree upon high school graduation. 120 District school boards shall cooperate with and assist the 121 Florida College System institution on the charter application. 122 Florida College System institution applications for charter 123 schools are not subject to the time deadlines outlined in 124 subsection (6) and may be approved by the district school board 125 at any time during the year. Florida College System institutions 126 may not report FTE for any students who receive FTE funding 127 through the Florida Education Finance Program. 128 5. A school district may enter into nonexclusive interlocal 129 agreements with federal and state agencies, counties, 130 municipalities, and other governmental entities that operate 131 within the geographical borders of the school district to act on 132 behalf of such governmental entities in the inspection, 133 issuance, and other necessary activities for all necessary 134 permits, licenses, and other permissions that a charter school 135 needs in order for development, construction, or operation. A 136 charter school may use, but may not be required to use, a school 137 district for these services. The interlocal agreement must 138 include, but need not be limited to, the identification of fees 139 that charter schools will be charged for such services. The fees 140 must consist of the governmental entity’s fees plus a fee for 141 the school district to recover no more than actual costs for 142 providing such services. These services and fees are not 143 included within the services to be provided pursuant to 144 subsection (20). 145 (6) APPLICATION PROCESS AND REVIEW.—Charter school 146 applications are subject to the following requirements: 147 (h) The terms and conditions for the operation of a charter 148 school shall be set forth by the sponsor and the applicant in a 149 written contractual agreement, called a charter. The sponsor may 150shallnot impose unreasonable rules or regulations that violate 151 the intent of giving charter schools greater flexibility to meet 152 educational goals. The sponsor has 30shall have 60days after 153 approval of the application to provide an initial proposed 154 charter contract to the charter school. The applicant and 155 sponsor shall use the standard charter adopted in state board 156 rule pursuant to subsection (27) and the application submitted 157 by the applicant. The parties may file an addendum to the 158 standard charter contract, not to exceed a page limit prescribed 159 by the department, that identifies changes to the standard 160 charter contract. Otherwise, neither the sponsor nor the charter 161 school may modify the standard charter contract or otherwise 162 insert or append attachments, addenda, or exhibits to the 163 standard charter contract. The applicant and the sponsor have 40 164shall have 75days thereafter to negotiate and notice the 165 charter contract for final approval by the sponsor unless both 166 parties agree to an extension. The proposed charter contract 167 shall be provided to the charter school at least 7 calendar days 168 prior to the date of the meeting at which the charter is 169 scheduled to be voted upon by the sponsor. The Department of 170 Education shall provide mediation services for any dispute 171 regarding this section subsequent to the approval of a charter 172 application and for any dispute relating to the approved 173 charter, except disputes regarding charter school application 174 denials. If the Commissioner of Education determines that the 175 dispute cannot be settled through mediation, the dispute may be 176 appealed to an administrative law judge appointed by the 177 Division of Administrative Hearings. The administrative law 178 judge may rule on issues of equitable treatment of the charter 179 school as a public school, whether proposed provisions of the 180 charter violate the intended flexibility granted charter schools 181 by statute, or on any other matter regarding this section except 182 a charter school application denial, a charter termination, or a 183 charter nonrenewal and shall award the prevailing party 184 reasonable attorney’s fees and costs incurred to be paid by the 185 losing party. The costs of the administrative hearing shall be 186 paid by the party whom the administrative law judge rules 187 against. 188 (7) CHARTER.—The major issues involving the operation of a 189 charter school shall be considered in advance and written into 190 the charter. The charter shall be signed by the governing board 191 of the charter school and the sponsor, following a public 192 hearing to ensure community input. 193 (a) The charter shall address and criteria for approval of 194 the charter shall be based on: 195 1. The school’s mission, the students to be served, and the 196 ages and grades to be included. 197 2. The focus of the curriculum, the instructional methods 198 to be used, any distinctive instructional techniques to be 199 employed, and identification and acquisition of appropriate 200 technologies needed to improve educational and administrative 201 performance which include a means for promoting safe, ethical, 202 and appropriate uses of technology which comply with legal and 203 professional standards. 204 a. The charter shall ensure that reading is a primary focus 205 of the curriculum and that resources are provided to identify 206 and provide specialized instruction for students who are reading 207 below grade level. The curriculum and instructional strategies 208 for reading must be consistent with the Sunshine State Standards 209 and grounded in scientifically based reading research. 210 b. In order to provide students with access to diverse 211 instructional delivery models, to facilitate the integration of 212 technology within traditional classroom instruction, and to 213 provide students with the skills they need to compete in the 214 21st century economy, the Legislature encourages instructional 215 methods for blended learning courses consisting of both 216 traditional classroom and online instructional techniques. 217 Charter schools may implement blended learning courses which 218 combine traditional classroom instruction and virtual 219 instruction. Students in a blended learning course must be full 220 time students of the charter school and receive the online 221 instruction in a classroom setting at the charter school. 222 Instructional personnel certified pursuant to s. 1012.55 who 223 provide virtual instruction for blended learning courses may be 224 employees of the charter school or may be under contract to 225 provide instructional services to charter school students. At a 226 minimum, such instructional personnel must hold an active state 227 or school district adjunct certification under s. 1012.57 for 228 the subject area of the blended learning course. The funding and 229 performance accountability requirements for blended learning 230 courses are the same as those for traditional courses. 231 3. The current incoming baseline standard of student 232 academic achievement, the outcomes to be achieved, and the 233 method of measurement that will be used. The criteria listed in 234 this subparagraph shall include a detailed description of: 235 a. How the baseline student academic achievement levels and 236 prior rates of academic progress will be established. 237 b. How these baseline rates will be compared to rates of 238 academic progress achieved by these same students while 239 attending the charter school. 240 c. To the extent possible, how these rates of progress will 241 be evaluated and compared with rates of progress of other 242 closely comparable student populations. 243 244 The district school board is required to provide academic 245 student performance data to charter schools for each of their 246 students coming from the district school system, as well as 247 rates of academic progress of comparable student populations in 248 the district school system. 249 4. The methods used to identify the educational strengths 250 and needs of students and how well educational goals and 251 performance standards are met by students attending the charter 252 school. The methods shall provide a means for the charter school 253 to ensure accountability to its constituents by analyzing 254 student performance data and by evaluating the effectiveness and 255 efficiency of its major educational programs. Students in 256 charter schools shall, at a minimum, participate in the 257 statewide assessment program created under s. 1008.22. 258 5. In secondary charter schools, a method for determining 259 that a student has satisfied the requirements for graduation in 260 s. 1003.428, s. 1003.429, or s. 1003.43. 261 6. A method for resolving conflicts between the governing 262 board of the charter school and the sponsor. 263 7. The admissions procedures and dismissal procedures, 264 including the school’s code of student conduct. 265 8. The ways by which the school will achieve a 266 racial/ethnic balance reflective of the community it serves or 267 within the racial/ethnic range of other public schools in the 268 same school district. 269 9. The financial and administrative management of the 270 school, including a reasonable demonstration of the professional 271 experience or competence of those individuals or organizations 272 applying to operate the charter school or those hired or 273 retained to perform such professional services and the 274 description of clearly delineated responsibilities and the 275 policies and practices needed to effectively manage the charter 276 school. A description of internal audit procedures and 277 establishment of controls to ensure that financial resources are 278 properly managed must be included. Both public sector and 279 private sector professional experience shall be equally valid in 280 such a consideration. 281 10. The asset and liability projections required in the 282 application which are incorporated into the charter and shall be 283 compared with information provided in the annual report of the 284 charter school. 285 11. A description of procedures that identify various risks 286 and provide for a comprehensive approach to reduce the impact of 287 losses; plans to ensure the safety and security of students and 288 staff; plans to identify, minimize, and protect others from 289 violent or disruptive student behavior; and the manner in which 290 the school will be insured, including whether or not the school 291 will be required to have liability insurance, and, if so, the 292 terms and conditions thereof and the amounts of coverage. 293 12. The term of the charter which shall provide for 294 cancellation of the charter if insufficient progress has been 295 made in attaining the student achievement objectives of the 296 charter and if it is not likely that such objectives can be 297 achieved before expiration of the charter. The initial term of a 298 charter shall be for 4 or 5 years. In order to facilitate access 299 to long-term financial resources for charter school 300 construction, charter schools that are operated by a 301 municipality or other public entity as provided by law are 302 eligible for up to a 15-year charter, subject to approval by the 303 district school board. A charter lab school is eligible for a 304 charter for a term of up to 15 years. In addition, to facilitate 305 access to long-term financial resources for charter school 306 construction, charter schools that are operated by a private, 307 not-for-profit, s. 501(c)(3) status corporation are eligible for 308 up to a 15-year charter, subject to approval by the district 309 school board. Such long-term charters remain subject to annual 310 review and may be terminated during the term of the charter, but 311 only according to the provisions set forth in subsection (8). 312 13. The facilities to be used and their location. The 313 sponsor may not require a charter school to have a temporary 314 certificate of occupancy or certificate of occupancy for such a 315 facility earlier than the first day of school. 316 14. The qualifications to be required of the teachers and 317 the potential strategies used to recruit, hire, train, and 318 retain qualified staff to achieve best value. 319 15. The governance structure of the school, including the 320 status of the charter school as a public or private employer as 321 required in paragraph (12)(i). 322 16. A timetable for implementing the charter which 323 addresses the implementation of each element thereof and the 324 date by which the charter shall be awarded in order to meet this 325 timetable. 326 17. In the case of an existing public school that is being 327 converted to charter status, alternative arrangements for 328 current students who choose not to attend the charter school and 329 for current teachers who choose not to teach in the charter 330 school after conversion in accordance with the existing 331 collective bargaining agreement or district school board rule in 332 the absence of a collective bargaining agreement. However, 333 alternative arrangements shall not be required for current 334 teachers who choose not to teach in a charter lab school, except 335 as authorized by the employment policies of the state university 336 which grants the charter to the lab school. 337 18. Full disclosure of the identity of all relatives 338 employed by the charter school who are related to the charter 339 school owner, president, chairperson of the governing board of 340 directors, superintendent, governing board member, principal, 341 assistant principal, or any other person employed by the charter 342 school who has equivalent decisionmaking authority. For the 343 purpose of this subparagraph, the term “relative” means father, 344 mother, son, daughter, brother, sister, uncle, aunt, first 345 cousin, nephew, niece, husband, wife, father-in-law, mother-in 346 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, 347 stepfather, stepmother, stepson, stepdaughter, stepbrother, 348 stepsister, half brother, or half sister. 349 19. Implementation of the activities authorized under s. 350 1002.331 by the charter school when it satisfies the eligibility 351 requirements for a high-performing charter school. A high 352 performing charter school shall notify its sponsor in writing by 353 March 1 if it intends to increase enrollment or expand grade 354 levels the following school year. The written notice shall 355 specify the amount of the enrollment increase and the grade 356 levels that will be added, as applicable. 357 (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.— 358 (a) The sponsor shall make student academic achievement for 359 all students the most important factor when determining whether 360 to renew or terminate the charter. The sponsor may also choose 361 not to renew or may terminate the charter for any of the 362 following grounds: 363 1. Failure to participate in the state’s education 364 accountability system created in s. 1008.31, as required in this 365 section, or failure to meet the requirements for student 366 performance stated in the charter. 367 2. Failure to meet generally accepted standards of fiscal 368 management. 369 3. Violation of law. 370 4. Other good cause shown. 371 (9) CHARTER SCHOOL REQUIREMENTS.— 372 (g)1. In order to provide financial information that is 373 comparable to that reported for other public schools, charter 374 schools are to maintain all financial records that constitute 375 their accounting system: 376 a.1.In accordance with the accounts and codes prescribed 377 in the most recent issuance of the publication titled “Financial 378 and Program Cost Accounting and Reporting for Florida Schools”; 379 or 380 b.2.At the discretion of the charter school’s governing 381 board, a charter school may elect to follow generally accepted 382 accounting standards for not-for-profit organizations, but must 383 reformat this information for reporting according to this 384 paragraph. 385 2. Charter schools shall provide annual financial report 386 and program cost report information in the state-required 387 formats for inclusion in district reporting in compliance with 388 s. 1011.60(1). Charter schools that are operated by a 389 municipality or are a component unit of a parent nonprofit 390 organization may use the accounting system of the municipality 391 or the parent but must reformat this information for reporting 392 according to this paragraph. 393 3. A charter school shall provide the sponsor with a 394 concise, uniform, monthly financial statement summary sheet that 395 contains a balance sheet and a statement of revenue, 396 expenditures, and changes in fund balance. The balance sheet and 397 the statement of revenue, expenditures, and changes in fund 398 balance shall be in the governmental funds format prescribed by 399 the Governmental Accounting Standards Board.A charter school400shall provide a monthly financial statement to the sponsor401unless the charter school is designated asA high-performing 402 charter school pursuant to s. 1002.331, in which case the high403performing charter schoolmay provide a quarterly financial 404 statement in the same format and requirements as the uniform 405 monthly financial statement summary sheet.The financial406statement required under this paragraph shall be in a form407prescribed by the Department of Education.408 4. A charter school shall maintain and provide financial 409 information as required in this paragraph. The information 410 required in this paragraph must be in a form prescribed by the 411 Department of Education. 412 (o)1. Upon notification of nonrenewal or termination of its 413 charter, a charter school may not expend more than $35,000 414 without prior written approval from the sponsor, unless such 415 expenditure was included within the annual budget submitted to 416 the sponsor pursuant to the charter contract or is for 417 reasonable attorney fees and costs during the pendency of an 418 appeal. 419 2. The charter agreement must immediately terminate when 420 the charter school closes. 421 3. Charter school contracts with employees, service 422 providers, management companies, and other types of service 423 contracts may not extend beyond the term of the charter 424 agreement. Payments may be made only for services provided 425 before the closure, nonrenewal, termination, or immediate 426 termination of the charter school. 427 4. If the charter school closes or if the charter agreement 428 is terminated before the term of the charter agreement expires, 429 the remainder of the contract is void. This subparagraph applies 430 to new contracts and to amendments to existing contracts that 431 are executed after July 1, 2013. 432 (p) Each charter school shall maintain a website that 433 enables the public to obtain information regarding the school; 434 the school’s academic performance; the names of the governing 435 board members; the programs at the school; any management 436 companies, service providers, or education management 437 corporations associated with the school; the school’s annual 438 budget and its annual independent fiscal audit; the school’s 439 grade pursuant to s. 1008.34; and, on a quarterly basis, the 440 minutes of governing board meetings. 441 (16) EXEMPTION FROM STATUTES.— 442 (b) Additionally, a charter school shall be in compliance 443 with the following statutes: 444 1. Section 286.011, relating to public meetings and 445 records, public inspection, and criminal and civil penalties. 446 2. Chapter 119, relating to public records. 447 3. Section 1003.03, relating to the maximum class size, 448 except that the calculation for compliance pursuant to s. 449 1003.03 shall be the average at the school level. 450 4. Section 1012.22(1)(c), relating to compensation and 451 salary schedules. 452 5. Section 1012.33(5), relating to workforce reductions, 453 for charter school annual contracts to instructional personnel. 454 This subparagraph does not apply to charter school instructional 455 personnel who are at-will employees. 456 6. Section 1012.335, relating to contracts with 457 instructional personnel hired on or after July 1, 2011, for 458 charter school annual contracts to instructional personnel. This 459 subparagraph does not apply to charter school instructional 460 personnel who are at-will employees. 461 7. Section 1012.34(2), (3), and (7)1012.34, relating to 462the substantive requirements forperformance evaluations for 463 instructional personnel and school administrators. For purposes 464 of compliance with this subparagraph, the duties assigned to a 465 district school superintendent apply to a charter school 466 administrative personnel or equivalent as specified by the 467 governing board, and the duties assigned to a district school 468 board apply to a charter school’s governing board. 469 (17) FUNDING.—Students enrolled in a charter school, 470 regardless of the sponsorship, shall be funded as if they are in 471 a basic program or a special program, the same as students 472 enrolled in other public schools in the school district. Funding 473 for a charter lab school shall be as provided in s. 1002.32. 474 (e) Unless otherwise mutually agreed to by the charter 475 school and its sponsor, and consistent with state and federal 476 rules and regulations governing the use and disbursement of 477 federal funds, the sponsor shall reimburse the charter school on 478 a monthly basis for all invoices submitted by the charter school 479 for federal funds available to the sponsor for the benefit of 480 the charter school, the charter school’s students, and the 481 charter school’s students as public school students in the 482 school district. Such federal funds include, but are not limited 483 to, Title I, Title II, and Individuals with Disabilities 484 Education Act (IDEA) funds. 485 (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.— 486 (a) The Department of Education shall provide information 487 to the public, directly and through sponsors, on how to form and 488 operate a charter school and how to enroll in a charter school 489 once it is created. This information shall include a model 490standardapplication formformat, standard charter contract 491format, standard evaluation instrument, and standard charter 492 renewal contractformat, which shall include the information 493 specified in subsection (7) and shall be developed by consulting 494 and negotiating with both school districts and charter schools 495 before implementation. The charter and charter renewal contracts 496formatsshall be used by charter school sponsors. 497 (26) STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.— 498 (c) An employee of the charter school, or his or her 499 spouse, or an employee of a charter management organization, or 500 his or her spouse, may not be a member of the governing board of 501 the charter school. 502 (27) RULEMAKING.—The Department of Education, after 503 consultation with school districts and charter school directors, 504 shall recommend that the State Board of Education adopt rules to 505 implement specific subsections of this section. Such rules must 506shallrequire minimum paperwork and mayshallnot limit charter 507 school flexibility authorized by statute. The State Board of 508 Education shall adopt rules, pursuant to ss. 120.536(1) and 509 120.54, to implement a charter model application form, standard 510 evaluation instrument, and standard charter and charter renewal 511 contractsformatsin accordance with this section. The standard 512 charter and charter renewal contracts must be implemented by 513 September 1, 2014. 514 Section 2. Subsection (2) of section 1002.331, Florida 515 Statutes, is amended to read: 516 1002.331 High-performing charter schools.— 517 (2) A high-performing charter school is authorized to: 518 (a) Increase its student enrollment once per school yearby519upto15 percentmore than the capacity identified in the 520 charter, but student enrollment may not exceed the current 521 facility capacity. 522 (b) Expand grade levels within kindergarten through grade 523 12 to add grade levels not already served if any annual 524 enrollment increase resulting from grade level expansion is 525 within the limit established in paragraph (a). 526 (c) Submit a quarterly, rather than a monthly, financial 527 statement to the sponsor pursuant to s. 1002.33(9)(g). 528 (d) Consolidate under a single charter the charters of 529 multiple high-performing charter schools operated in the same 530 school district by the charter schools’ governing board 531 regardless of the renewal cycle. 532 (e) Receive a modification of its charter to a term of 15 533 years or a 15-year charter renewal. The charter may be modified 534 or renewed for a shorter term at the option of the high 535 performing charter school. The charter must be consistent with 536 s. 1002.33(7)(a)19. and (10)(h) and (i), is subject to annual 537 review by the sponsor, and may be terminated during its term 538 pursuant to s. 1002.33(8). 539 540 A high-performing charter school shall notify its sponsor in 541 writing by March 1 if it intends to increase enrollment or 542 expand grade levels the following school year. The written 543 notice shall specify the amount of the enrollment increase and 544 the grade levels that will be added, as applicable. If a charter 545 school notifies the sponsor of its intent to expand, the sponsor 546 shall modify the charter within 90 days to include the new 547 enrollment maximum. The sponsor may deny a request to increase 548 the enrollment of a high-performing charter school if, after 549 requesting to expand, the charter school no longer qualifies as 550 a high-performing charter school under subsection (1). If a 551 high-performing charter school requests to consolidate multiple 552 charters, the sponsor shall have 40 days after receipt of that 553 request to provide an initial draft charter to the charter 554 school. The sponsor and charter school shall have 50 days 555 thereafter to negotiate and notice the charter contract for 556 final approval by the sponsor. 557 Section 3. Full implementation of online assessments for 558 Next Generation Sunshine State Standards in English/language 559 arts and mathematics adopted under s. 1003.41 for all 560 kindergarten through grade 12 public school students shall occur 561 only after the technology infrastructure, connectivity, and 562 capacity of all public schools and school districts have been 563 load tested and independently verified as ready for successful 564 deployment and implementation. 565 Section 4. The technology infrastructure, connectivity, and 566 capacity of all public schools and school districts that 567 administer statewide standardized assessments pursuant to s. 568 1008.22, Florida Statutes, including online assessments, shall 569 be load tested and independently verified as appropriate, 570 adequate, efficient, and sustainable. 571 Section 5. This act shall take effect upon becoming a law.