Florida Senate - 2013                                    SB 1282
       
       
       
       By Senator Stargel
       
       
       
       
       15-00440C-13                                          20131282__
    1                        A bill to be entitled                      
    2         An act relating to charter schools; amending s.
    3         1002.33, F.S.; requiring policies agreed to by the
    4         sponsor and charter school to be incorporated into the
    5         charter contract; authorizing a charter school
    6         operated by a Florida College System institution to
    7         serve students in kindergarten through grade 12 if
    8         certain criteria are met; prohibiting the governing
    9         board or other related entity of a charter school
   10         subject to a corrective action plan or financial
   11         recovery plan from applying to open an additional
   12         charter school; providing disclosure requirements;
   13         revising provisions relating to the timely submission
   14         of charter school applications; providing requirements
   15         relating to the appeal of a denied application
   16         submitted by a high-performing charter school;
   17         requiring the use of a standard charter contract;
   18         reducing the amount of time for negotiation of a
   19         charter; revising provisions relating to the issuance
   20         of a final order in contract dispute cases; providing
   21         a restriction relating to a required certificate of
   22         occupancy; authorizing the consolidation of multiple
   23         charters into a single charter in certain
   24         circumstances; revising the timeline for charter
   25         schools to submit waiver of termination requests to
   26         the Department of Education; restricting expenditures
   27         upon nonrenewal or termination of a charter school;
   28         requiring a charter school to maintain specified
   29         information on a website; revising provisions relating
   30         to determination of a charter school’s student
   31         enrollment; revising provisions requiring charter
   32         school compliance with statutes relating to education
   33         personnel compensation, contracts, and performance
   34         evaluations and workforce reductions; providing
   35         requirements for the reimbursement of federal funds to
   36         charter schools; requiring that certain unused school
   37         district facilities be made available to, or shared
   38         with, charter schools at no cost until the beginning
   39         of the fourth fiscal year the school is open, at which
   40         time the charter school shall pay the sponsor a
   41         negotiated rent for the facility; restricting capital
   42         outlay funding; requiring the use of standard charter
   43         and charter renewal contracts and a standard
   44         evaluation instrument; providing restrictions on the
   45         employment of governing board members; amending s.
   46         1002.331, F.S.; clarifying the definition of a high
   47         performing charter school; providing requirements for
   48         modification of a charter; requiring the Commissioner
   49         of Education to annually review a high-performing
   50         charter school’s eligibility for high-performing
   51         status; authorizing declassification as a high
   52         performing charter school; amending s. 1002.332, F.S.;
   53         revising requirements for classification as a high
   54         performing charter school system; providing for an
   55         entity that operates outside this state to obtain
   56         high-performing charter school system status;
   57         establishing requirements to obtain such status;
   58         requiring the State Board of Education to adopt by
   59         rule a process for reviewing student demographic and
   60         performance data in determining such status; requiring
   61         the commissioner to annually review a high-performing
   62         charter school system’s eligibility for high
   63         performing status; authorizing declassification as a
   64         high-performing charter school system; providing an
   65         effective date.
   66  
   67  Be It Enacted by the Legislature of the State of Florida:
   68  
   69         Section 1. Paragraph (b) of subsection (5), paragraphs (a),
   70  (b), (c), and (h) of subsection (6), paragraphs (a) and (c) of
   71  subsection (7), paragraph (n) of subsection (9), paragraphs (b),
   72  (h), and (i) of subsection (10), paragraph (b) of subsection
   73  (16), paragraph (c) of subsection (17), paragraph (e) of
   74  subsection (18), paragraph (a) of subsection (21), and
   75  subsection (27) of section 1002.33, Florida Statutes, are
   76  amended, and paragraphs (o) and (p) are added to subsection (9)
   77  and paragraph (c) is added to subsection (26) of that section,
   78  to read:
   79         1002.33 Charter schools.—
   80         (5) SPONSOR; DUTIES.—
   81         (b) Sponsor duties.—
   82         1.a. The sponsor shall monitor and review the charter
   83  school in its progress toward the goals established in the
   84  charter.
   85         b. The sponsor shall monitor the revenues and expenditures
   86  of the charter school and perform the duties provided in s.
   87  1002.345.
   88         c. The sponsor may approve a charter for a charter school
   89  before the applicant has identified space, equipment, or
   90  personnel, if the applicant indicates approval is necessary for
   91  it to raise working funds.
   92         d. The sponsor may sponsor’s policies shall not apply
   93  policies to a charter school unless mutually agreed to by both
   94  the sponsor and the charter school. Each policy agreed to by the
   95  sponsor and the charter school must be incorporated into the
   96  final charter contract. If the sponsor subsequently amends any
   97  policy that affects charter schools, the sponsor and the charter
   98  school must mutually agree to the newly revised policy and
   99  incorporate the agreed-to terms into the contract through the
  100  contract amendment process. The sponsor may not hold the charter
  101  school responsible for any provision of a newly revised policy
  102  until the policy is mutually agreed to and adopted through the
  103  amendment process.
  104         e. The sponsor shall ensure that the charter is innovative
  105  and consistent with the state education goals established by s.
  106  1000.03(5).
  107         f. The sponsor shall ensure that the charter school
  108  participates in the state’s education accountability system. If
  109  a charter school falls short of performance measures included in
  110  the approved charter, the sponsor shall report such shortcomings
  111  to the Department of Education.
  112         g. The sponsor is shall not be liable for civil damages
  113  under state law for personal injury, property damage, or death
  114  resulting from an act or omission of an officer, employee,
  115  agent, or governing board body of the charter school.
  116         h. The sponsor is shall not be liable for civil damages
  117  under state law for any employment actions taken by an officer,
  118  employee, agent, or governing board body of the charter school.
  119         i. The sponsor’s duties to monitor the charter school shall
  120  not constitute the basis for a private cause of action.
  121         j. The sponsor may shall not impose additional reporting
  122  requirements on a charter school without providing reasonable
  123  and specific justification in writing to the charter school.
  124         2. Immunity for the sponsor of a charter school under
  125  subparagraph 1. applies only with respect to acts or omissions
  126  not under the sponsor’s direct authority as described in this
  127  section.
  128         3. This paragraph does not waive a district school board’s
  129  sovereign immunity.
  130         4. A Florida College System institution may work with the
  131  school district or school districts in its designated service
  132  area to develop charter schools that offer secondary education.
  133  These charter schools must include an option for students to
  134  receive an associate degree upon high school graduation. If a
  135  Florida College System institution operates an approved teacher
  136  preparation program under s. 1004.04 or s. 1004.85, the
  137  institution may operate no more than one charter school that
  138  serves students in kindergarten through grade 12. In
  139  kindergarten through grade 8, the charter school shall implement
  140  innovative blended learning instructional models in which, for a
  141  given course, a student learns in part through online delivery
  142  of content and instruction with some element of student control
  143  over time, place, path, or pace and in part at a supervised
  144  physical location away from home. A student in a blended-
  145  learning course must be a full-time student of the charter
  146  school and receive a portion of the online instruction in a
  147  classroom setting at the charter school. District school boards
  148  shall cooperate with and assist the Florida College System
  149  institution on the charter application. Florida College System
  150  institution applications for charter schools are not subject to
  151  the time deadlines outlined in subsection (6) and may be
  152  approved by the district school board at any time during the
  153  year. Florida College System institutions may not report FTE for
  154  any students who receive FTE funding through the Florida
  155  Education Finance Program.
  156         (6) APPLICATION PROCESS AND REVIEW.—Charter school
  157  applications are subject to the following requirements:
  158         (a) A person or entity that wants wishing to open a charter
  159  school shall prepare and submit an application on the a model
  160  application form prepared by the Department of Education which:
  161         1. Demonstrates how the school will use the guiding
  162  principles and meet the statutorily defined purpose of a charter
  163  school.
  164         2. Provides a detailed curriculum plan that illustrates how
  165  students will be provided instruction on services to attain the
  166  Next Generation Sunshine State Standards.
  167         3. Contains goals and objectives for improving student
  168  learning and measuring that improvement. These goals and
  169  objectives must indicate how much academic improvement students
  170  are expected to show each year, how success will be evaluated,
  171  and the specific results to be attained through instruction.
  172         4. Describes the reading curriculum and differentiated
  173  strategies that will be used for students reading at grade level
  174  or higher and a separate curriculum and strategies for students
  175  who are reading below grade level. A sponsor shall deny a
  176  charter if the school does not propose a reading curriculum that
  177  is consistent with effective teaching strategies that are
  178  grounded in scientifically based reading research.
  179         5. Contains an annual financial plan for each year that the
  180  applicant intends to operate requested by the charter for
  181  operation of the school for up to 5 years. This plan must
  182  contain anticipated fund balances based on revenue projections,
  183  a spending plan based on projected revenues and expenses, and a
  184  description of controls that will safeguard finances and
  185  projected enrollment trends.
  186         6. Discloses whether the applicant was a member of a
  187  charter school governing board or was a person with
  188  decisionmaking authority for a charter school that was subject
  189  to corrective action pursuant to subparagraph (9)(n)2., a
  190  corrective action plan pursuant to s. 1002.345(1)(c), or a
  191  financial recovery plan pursuant to s. 1002.345(2)(a). The
  192  applicant must include a detailed explanation of the
  193  circumstances requiring a corrective action plan or financial
  194  recovery plan and the resolution of the plan. However, a
  195  governing board member or other related entity of a charter
  196  school under a current corrective action plan or financial
  197  recovery plan is not eligible to apply to open an additional
  198  charter school. Documents that the applicant has participated in
  199  the training required in subparagraph (f)2. A sponsor may
  200  require an applicant to provide additional information as an
  201  addendum to the charter school application described in this
  202  paragraph.
  203         7. For the establishment of a virtual charter school,
  204  documents that the applicant has contracted with a provider of
  205  virtual instruction services pursuant to s. 1002.45(1)(d).
  206  
  207  A sponsor may require an applicant to provide additional
  208  information as an addendum to the charter school application
  209  described in this paragraph.
  210         (b) A sponsor shall receive and review all applications for
  211  a charter school using the an evaluation instrument developed by
  212  the Department of Education. A sponsor shall receive and
  213  consider charter school applications received on or before
  214  August 1 of each calendar year for charter schools to be opened
  215  at the beginning of the school district’s next school year, or
  216  to be opened at a time agreed to by the applicant and the
  217  sponsor. A sponsor may not refuse to receive a charter school
  218  application submitted before August 1 and may receive an
  219  application submitted applications later than August 1 this date
  220  if it chooses. In order to facilitate greater collaboration in
  221  the application process, an applicant may submit a draft charter
  222  school application on or before May 1. If a draft application is
  223  timely submitted, the sponsor shall review and provide feedback
  224  as to any potential grounds for denial before July 1. The
  225  applicant shall then have until August 1 to resubmit a revised
  226  and final application. A sponsor may not charge an applicant for
  227  a charter any fee for the processing or consideration of an
  228  application, and a sponsor may not base its consideration or
  229  approval of an application upon the promise of future payment of
  230  any kind. Before approving or denying any final application, the
  231  sponsor shall allow the applicant, upon receipt of written
  232  notification, at least 7 calendar days to make technical or
  233  nonsubstantive corrections and clarifications, including, but
  234  not limited to, corrections of grammatical, typographical, and
  235  like errors or missing signatures, if such errors are identified
  236  by the sponsor as cause to deny the application.
  237         1. In order to facilitate an accurate budget projection
  238  process, a sponsor shall be held harmless for FTE students who
  239  are not included in the FTE projection due to approval of
  240  charter school applications after the FTE projection deadline.
  241  In a further effort to facilitate an accurate budget projection,
  242  within 15 calendar days after receipt of a charter school
  243  application, a sponsor shall report to the Department of
  244  Education the name of the applicant entity, the proposed charter
  245  school location, and its projected FTE.
  246         2. In order to ensure fiscal responsibility, an application
  247  for a charter school shall include a full accounting of expected
  248  assets, a projection of expected sources and amounts of income,
  249  including income derived from projected student enrollments and
  250  from community support, and an expense projection that includes
  251  full accounting of the costs of operation, including start-up
  252  costs.
  253         3.a. A sponsor shall by a majority vote approve or deny an
  254  application within no later than 60 calendar days after the
  255  application is received, unless the sponsor and the applicant
  256  mutually agree in writing to temporarily postpone the vote to a
  257  specific date, at which time the sponsor shall by a majority
  258  vote approve or deny the application. If the sponsor fails to
  259  act on the application, an applicant may appeal to the State
  260  Board of Education as provided in paragraph (c). If an
  261  application is denied, the sponsor shall, within 10 calendar
  262  days after such denial, articulate in writing the specific
  263  reasons, based upon good cause, supporting its denial of the
  264  charter application and shall provide the letter of denial and
  265  supporting documentation to the applicant and to the Department
  266  of Education.
  267         b. An application submitted by a high-performing charter
  268  school identified pursuant to s. 1002.331 may be denied by the
  269  sponsor only if the sponsor demonstrates by clear and convincing
  270  evidence that:
  271         (I) The application does not materially comply with the
  272  requirements in paragraph (a);
  273         (II) The charter school proposed in the application does
  274  not materially comply with the requirements in paragraphs
  275  (9)(a)-(f);
  276         (III) The proposed charter school’s educational program
  277  does not substantially replicate that of the applicant or one of
  278  the applicant’s high-performing charter schools;
  279         (IV) The applicant has made a material misrepresentation or
  280  false statement or concealed an essential or material fact
  281  during the application process; or
  282         (V) The proposed charter school’s educational program and
  283  financial management practices do not materially comply with the
  284  requirements of this section.
  285  
  286  Material noncompliance is a failure to follow requirements or a
  287  violation of prohibitions applicable to charter school
  288  applications, which failure is quantitatively or qualitatively
  289  significant either individually or when aggregated with other
  290  noncompliance. An applicant is considered to be replicating a
  291  high-performing charter school if the proposed school is
  292  substantially similar to at least one of the applicant’s high
  293  performing charter schools and the organization or individuals
  294  involved in the establishment and operation of the proposed
  295  school are significantly involved in the operation of replicated
  296  schools.
  297         c. If the sponsor denies an application submitted by a
  298  high-performing charter school, the sponsor must, within 10
  299  calendar days after such denial, state in writing the specific
  300  reasons, based upon the criteria in sub-subparagraph b.,
  301  supporting its denial of the application and must provide the
  302  letter of denial and supporting documentation to the applicant
  303  and to the Department of Education. The applicant may appeal the
  304  sponsor’s denial of the application directly to the State Board
  305  of Education pursuant to paragraph (c) and must provide the
  306  sponsor with a copy of the appeal sub-subparagraph (c)3.b.
  307         4. For budget projection purposes, the sponsor shall report
  308  to the Department of Education the approval or denial of a
  309  charter application within 10 calendar days after such approval
  310  or denial. In the event of approval, the report to the
  311  Department of Education shall include the final projected FTE
  312  for the approved charter school.
  313         5. Upon approval of a charter application, the initial
  314  startup shall commence with the beginning of the public school
  315  calendar for the district in which the charter is granted unless
  316  the sponsor allows a waiver of this subparagraph for good cause.
  317         (c)1. An applicant may appeal any denial of that
  318  applicant’s application or failure to act on an application to
  319  the State Board of Education within no later than 30 calendar
  320  days after receipt of the sponsor’s decision or failure to act
  321  and shall notify the sponsor of its appeal. Any response of the
  322  sponsor shall be submitted to the State Board of Education
  323  within 30 calendar days after notification of the appeal. Upon
  324  receipt of notification from the State Board of Education that a
  325  charter school applicant is filing an appeal, the Commissioner
  326  of Education shall convene a meeting of the Charter School
  327  Appeal Commission to study and make recommendations to the State
  328  Board of Education regarding its pending decision about the
  329  appeal. The commission shall forward its recommendation to the
  330  state board within no later than 7 calendar days before prior to
  331  the date on which the appeal is to be heard. An appeal regarding
  332  the denial of an application submitted by a high-performing
  333  charter school pursuant to s. 1002.331 shall be conducted by the
  334  State Board of Education in accordance with this paragraph,
  335  except that the commission shall not convene to make
  336  recommendations regarding the appeal. However, the Commissioner
  337  of Education shall review the appeal and make a recommendation
  338  to the state board.
  339         2. The Charter School Appeal Commission or, in the case of
  340  an appeal regarding an application submitted by a high
  341  performing charter school, the State Board of Education may
  342  reject an appeal submission for failure to comply with
  343  procedural rules governing the appeals process. The rejection
  344  shall describe the submission errors. The appellant shall have
  345  15 calendar days after notice of rejection in which to resubmit
  346  an appeal that meets the requirements set forth in State Board
  347  of Education rule. An appeal submitted subsequent to such
  348  rejection is considered timely if the original appeal was filed
  349  within 30 calendar days after receipt of notice of the specific
  350  reasons for the sponsor’s denial of the charter application.
  351         3.a. The State Board of Education shall by majority vote
  352  accept or reject the decision of the sponsor within no later
  353  than 90 calendar days after an appeal is filed in accordance
  354  with State Board of Education rule. The State Board of Education
  355  shall remand the application to the sponsor with its written
  356  decision that the sponsor approve or deny the application. The
  357  sponsor shall implement the decision of the State Board of
  358  Education. The decision of the State Board of Education is not
  359  subject to the provisions of the Administrative Procedure Act,
  360  chapter 120.
  361         b. If an appeal concerns an application submitted by a
  362  high-performing charter school identified pursuant to s.
  363  1002.331, the State Board of Education shall determine whether
  364  the sponsor’s denial of the application complies with the
  365  requirements in sub-subparagraph (b)3.b. sponsor has shown, by
  366  clear and convincing evidence, that:
  367         (I) The application does not materially comply with the
  368  requirements in paragraph (a);
  369         (II) The charter school proposed in the application does
  370  not materially comply with the requirements in paragraphs
  371  (9)(a)-(f);
  372         (III) The proposed charter school’s educational program
  373  does not substantially replicate that of the applicant or one of
  374  the applicant’s high-performing charter schools;
  375         (IV) The applicant has made a material misrepresentation or
  376  false statement or concealed an essential or material fact
  377  during the application process; or
  378         (V) The proposed charter school’s educational program and
  379  financial management practices do not materially comply with the
  380  requirements of this section.
  381  
  382  The State Board of Education shall approve or reject the
  383  sponsor’s denial of an application no later than 90 calendar
  384  days after an appeal is filed in accordance with State Board of
  385  Education rule. The State Board of Education shall remand the
  386  application to the sponsor with its written decision that the
  387  sponsor approve or deny the application. The sponsor shall
  388  implement the decision of the State Board of Education. The
  389  decision of the State Board of Education is not subject to the
  390  Administrative Procedure Act, chapter 120.
  391         (h) The terms and conditions for the operation of a charter
  392  school shall be set forth by the sponsor and the applicant in a
  393  written contractual agreement, called a charter. Unless the
  394  applicant requests in writing that the sponsor use a nonstandard
  395  charter contract, the applicant shall use the standard charter
  396  adopted in state board rule pursuant to subsection (27) and the
  397  application submitted by the applicant. The sponsor may not
  398  omit, supplement, or amend any provision of the standard charter
  399  agreement. In addition, the sponsor may not insert or append
  400  attachments, addenda, or exhibits to the standard charter
  401  contract. The sponsor may shall not impose unreasonable rules or
  402  regulations that violate the intent of giving charter schools
  403  greater flexibility to meet educational goals. The sponsor shall
  404  have 30 60 days after approval of the application to provide an
  405  initial proposed charter contract to the charter school. The
  406  applicant and the sponsor shall have 40 75 days thereafter to
  407  negotiate and notice the charter contract for final approval by
  408  the sponsor unless both parties agree to an extension. The
  409  proposed charter contract shall be provided to the charter
  410  school at least 7 calendar days before prior to the date of the
  411  meeting at which the charter is scheduled to be voted upon by
  412  the sponsor. The Department of Education shall provide mediation
  413  services for any dispute regarding this section subsequent to
  414  the approval of a charter application and for any dispute
  415  relating to the approved charter, except disputes regarding
  416  charter school application denials. If the Commissioner of
  417  Education determines that the dispute cannot be settled through
  418  mediation, the dispute may be appealed to an administrative law
  419  judge appointed by the Division of Administrative Hearings. The
  420  administrative law judge has final-order authority to may rule
  421  on issues of equitable treatment of the charter school as a
  422  public school, whether proposed provisions of the charter
  423  violate the intended flexibility granted charter schools by
  424  statute, or on any other matter regarding this section except a
  425  charter school application denial, a charter termination, or a
  426  charter nonrenewal and shall award the prevailing party
  427  reasonable attorney attorney’s fees and costs incurred to be
  428  paid by the losing party. The costs of the administrative
  429  hearing shall be paid by the party whom the administrative law
  430  judge rules against.
  431         (7) CHARTER.—The major issues involving the operation of a
  432  charter school shall be considered in advance and written into
  433  the charter. The charter shall be signed by the governing board
  434  of the charter school and the sponsor, following a public
  435  hearing to ensure community input.
  436         (a) The charter shall address and criteria for approval of
  437  the charter shall be based on:
  438         1. The school’s mission, the students to be served, and the
  439  ages and grades to be included.
  440         2. The focus of the curriculum, the instructional methods
  441  to be used, any distinctive instructional techniques to be
  442  employed, and identification and acquisition of appropriate
  443  technologies needed to improve educational and administrative
  444  performance, which include a means for promoting safe, ethical,
  445  and appropriate uses of technology which comply with legal and
  446  professional standards.
  447         a. The charter shall ensure that reading is a primary focus
  448  of the curriculum and that resources are provided to identify
  449  and provide specialized instruction for students who are reading
  450  below grade level. The curriculum and instructional strategies
  451  for reading must be consistent with the Next Generation Sunshine
  452  State Standards and grounded in scientifically based reading
  453  research.
  454         b. In order to provide students with access to diverse
  455  instructional delivery models, to facilitate the integration of
  456  technology within traditional classroom instruction, and to
  457  provide students with the skills they need to compete in the
  458  21st century economy, the Legislature encourages instructional
  459  methods for blended learning courses in which a student learns
  460  in part through online delivery of content and instruction with
  461  some element of student control over time, place, path, or pace
  462  and in part at a supervised physical location away from home
  463  consisting of both traditional classroom and online
  464  instructional techniques. Charter schools may implement blended
  465  learning courses that which combine traditional classroom
  466  instruction and virtual instruction. Students in a blended
  467  learning course must be full-time students of the charter school
  468  and receive the online instruction in a classroom setting at the
  469  charter school. Instructional personnel certified pursuant to s.
  470  1012.55 who provide virtual instruction for blended learning
  471  courses may be employees of the charter school or may be under
  472  contract to provide instructional services to charter school
  473  students. At a minimum, such instructional personnel must hold
  474  an active state or school district adjunct certification under
  475  s. 1012.57 for the subject area of the blended learning course.
  476  The funding and performance accountability requirements for
  477  blended learning courses are the same as those for traditional
  478  courses.
  479         3. The current incoming baseline standard of student
  480  academic achievement, the outcomes to be achieved, and the
  481  method of measurement that will be used. The criteria listed in
  482  this subparagraph shall include a detailed description of:
  483         a. How the baseline student academic achievement levels and
  484  prior rates of academic progress will be established.
  485         b. How these baseline rates will be compared to rates of
  486  academic progress achieved by these same students while
  487  attending the charter school.
  488         c. To the extent possible, how these rates of progress will
  489  be evaluated and compared with rates of progress of other
  490  closely comparable student populations.
  491  
  492  The district school board is required to provide academic
  493  student performance data to charter schools for each of their
  494  students coming from the district school system, as well as
  495  rates of academic progress of comparable student populations in
  496  the district school system.
  497         4. The methods used to identify the educational strengths
  498  and needs of students and how well educational goals and
  499  performance standards are met by students attending the charter
  500  school. The methods shall provide a means for the charter school
  501  to ensure accountability to its constituents by analyzing
  502  student performance data and by evaluating the effectiveness and
  503  efficiency of its major educational programs. Students in
  504  charter schools shall, at a minimum, participate in the
  505  statewide assessment program created under s. 1008.22.
  506         5. In secondary charter schools, a method for determining
  507  that a student has satisfied the requirements for graduation in
  508  s. 1003.428, s. 1003.429, or s. 1003.43.
  509         6. A method for resolving conflicts between the governing
  510  board of the charter school and the sponsor.
  511         7. The admissions procedures and dismissal procedures,
  512  including the school’s code of student conduct.
  513         8. The ways by which the school will achieve a
  514  racial/ethnic balance reflective of the community it serves or
  515  within the racial/ethnic range of other public schools in the
  516  same school district.
  517         9. The financial and administrative management of the
  518  school, including a reasonable demonstration of the professional
  519  experience or competence of those individuals or organizations
  520  applying to operate the charter school or those hired or
  521  retained to perform such professional services and the
  522  description of clearly delineated responsibilities and the
  523  policies and practices needed to effectively manage the charter
  524  school. A description of internal audit procedures and
  525  establishment of controls to ensure that financial resources are
  526  properly managed must be included. Both public sector and
  527  private sector professional experience shall be equally valid in
  528  such a consideration.
  529         10. The asset and liability projections required in the
  530  application which are incorporated into the charter and shall be
  531  compared with information provided in the annual report of the
  532  charter school.
  533         11. A description of procedures that identify various risks
  534  and provide for a comprehensive approach to reduce the impact of
  535  losses; plans to ensure the safety and security of students and
  536  staff; plans to identify, minimize, and protect others from
  537  violent or disruptive student behavior; and the manner in which
  538  the school will be insured, including whether or not the school
  539  will be required to have liability insurance, and, if so, the
  540  terms and conditions thereof and the amounts of coverage.
  541         12. The term of the charter, which shall provide for
  542  termination cancellation of the charter if insufficient progress
  543  has been made in attaining the student achievement objectives of
  544  the charter and if it is not likely that such objectives can be
  545  achieved before expiration of the charter. The initial term of a
  546  charter shall be for 4 or 5 years. In order to facilitate access
  547  to long-term financial resources for charter school
  548  construction, Charter schools that are operated by a
  549  municipality or other public entity as provided by law are
  550  eligible for up to a 15-year charter, subject to approval by the
  551  district school board. A charter lab school is eligible for a
  552  charter for a term of up to 15 years. In addition, to facilitate
  553  access to long-term financial resources for charter school
  554  construction, charter schools that are operated by a private,
  555  not-for-profit, s. 501(c)(3) status corporation are eligible for
  556  up to a 15-year charter, subject to approval by the district
  557  school board. Such long-term charters remain subject to annual
  558  review and may be terminated during the term of the charter, but
  559  only according to the provisions set forth in subsection (8).
  560         13. The facilities to be used and their location. The
  561  sponsor may not require a charter school to have a certificate
  562  of occupancy for such a facility earlier than 15 calendar days
  563  before the first day of school.
  564         14. The qualifications to be required of the teachers and
  565  the potential strategies used to recruit, hire, train, and
  566  retain qualified staff to achieve best value.
  567         15. The governance structure of the school, including the
  568  status of the charter school as a public or private employer as
  569  required in paragraph (12)(i).
  570         16. A timetable for implementing the charter which
  571  addresses the implementation of each element thereof and the
  572  date by which the charter shall be awarded in order to meet this
  573  timetable.
  574         17. In the case of an existing public school that is being
  575  converted to charter status, alternative arrangements for
  576  current students who choose not to attend the charter school and
  577  for current teachers who choose not to teach in the charter
  578  school after conversion in accordance with the existing
  579  collective bargaining agreement or district school board rule in
  580  the absence of a collective bargaining agreement. However,
  581  alternative arrangements shall not be required for current
  582  teachers who choose not to teach in a charter lab school, except
  583  as authorized by the employment policies of the state university
  584  which grants the charter to the lab school.
  585         18. Full disclosure of the identity of all relatives
  586  employed by the charter school who are related to the charter
  587  school owner, president, chairperson of the governing board of
  588  directors, superintendent, governing board member, principal,
  589  assistant principal, or any other person employed by the charter
  590  school who has equivalent decisionmaking authority. For the
  591  purpose of this subparagraph, the term “relative” means father,
  592  mother, son, daughter, brother, sister, uncle, aunt, first
  593  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  594  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  595  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  596  stepsister, half brother, or half sister.
  597         19. Implementation of the activities authorized under s.
  598  1002.331 by the charter school when it satisfies the eligibility
  599  requirements for a high-performing charter school. A high
  600  performing charter school shall notify its sponsor in writing by
  601  March 1 if it intends to increase enrollment or expand grade
  602  levels the following school year. The written notice shall
  603  specify the amount of the enrollment increase and the grade
  604  levels that will be added, as applicable.
  605         (c) A charter may be modified during its initial term or
  606  any renewal term upon the recommendation of the sponsor or the
  607  charter school’s governing board and the approval of both
  608  parties to the agreement. Modification may include, but is not
  609  limited to, consolidation of multiple charters into a single
  610  charter if the charters are operated under the same governing
  611  board and physically located on the same campus, regardless of
  612  the renewal cycle.
  613         (9) CHARTER SCHOOL REQUIREMENTS.—
  614         (n)1. The director and a representative of the governing
  615  board of a charter school that has earned a grade of “D” or “F”
  616  pursuant to s. 1008.34(2) shall appear before the sponsor to
  617  present information concerning each contract component having
  618  noted deficiencies. The director and a representative of the
  619  governing board shall submit to the sponsor for approval a
  620  school improvement plan to raise student achievement. Upon
  621  approval by the sponsor, the charter school shall begin
  622  implementation of the school improvement plan. The department
  623  shall offer technical assistance and training to the charter
  624  school and its governing board and establish guidelines for
  625  developing, submitting, and approving such plans.
  626         2.a. If a charter school earns three consecutive grades of
  627  “D,” two consecutive grades of “D” followed by a grade of “F,”
  628  or two nonconsecutive grades of “F” within a 3-year period, the
  629  charter school governing board shall choose one of the following
  630  corrective actions:
  631         (I) Contract for educational services to be provided
  632  directly to students, instructional personnel, and school
  633  administrators, as prescribed in state board rule;
  634         (II) Contract with an outside entity that has a
  635  demonstrated record of effectiveness to operate the school;
  636         (III) Reorganize the school under a new director or
  637  principal who is authorized to hire new staff; or
  638         (IV) Voluntarily close the charter school.
  639         b. The charter school must implement the corrective action
  640  in the school year following receipt of a third consecutive
  641  grade of “D,” a grade of “F” following two consecutive grades of
  642  “D,” or a second nonconsecutive grade of “F” within a 3-year
  643  period.
  644         c. The sponsor may annually waive a corrective action if it
  645  determines that the charter school is likely to improve a letter
  646  grade if additional time is provided to implement the
  647  intervention and support strategies prescribed by the school
  648  improvement plan. Notwithstanding this sub-subparagraph, a
  649  charter school that earns a second consecutive grade of “F” is
  650  subject to subparagraph 4.
  651         d. A charter school is no longer required to implement a
  652  corrective action if it improves by at least one letter grade.
  653  However, the charter school must continue to implement
  654  strategies identified in the school improvement plan. The
  655  sponsor must annually review implementation of the school
  656  improvement plan to monitor the school’s continued improvement
  657  pursuant to subparagraph 5.
  658         e. A charter school implementing a corrective action that
  659  does not improve by at least one letter grade after 2 full
  660  school years of implementing the corrective action must select a
  661  different corrective action. Implementation of the new
  662  corrective action must begin in the school year following the
  663  implementation period of the existing corrective action, unless
  664  the sponsor determines that the charter school is likely to
  665  improve a letter grade if additional time is provided to
  666  implement the existing corrective action. Notwithstanding this
  667  sub-subparagraph, a charter school that earns a second
  668  consecutive grade of “F” while implementing a corrective action
  669  is subject to subparagraph 4.
  670         3. A charter school with a grade of “D” or “F” that
  671  improves by at least one letter grade must continue to implement
  672  the strategies identified in the school improvement plan. The
  673  sponsor must annually review implementation of the school
  674  improvement plan to monitor the school’s continued improvement
  675  pursuant to subparagraph 5.
  676         4. The sponsor shall terminate a charter if the charter
  677  school earns two consecutive grades of “F” unless:
  678         a. The charter school is established to turn around the
  679  performance of a district public school pursuant to s.
  680  1008.33(4)(b)3. Such charter schools shall be governed by s.
  681  1008.33;
  682         b. The charter school serves a student population the
  683  majority of which resides in a school zone served by a district
  684  public school that earned a grade of “F” in the year before the
  685  charter school opened and the charter school earns at least a
  686  grade of “D” in its third year of operation. The exception
  687  provided under this sub-subparagraph does not apply to a charter
  688  school in its fourth year of operation and thereafter; or
  689         c. The state board grants the charter school a waiver of
  690  termination. The charter school must request the waiver within
  691  15 30 days after the department’s official release completion of
  692  school grades grade appeals. The state board may waive
  693  termination if the charter school demonstrates that the learning
  694  gains of its students on statewide assessments are comparable to
  695  or better than the learning gains of similarly situated students
  696  enrolled in nearby district public schools. The waiver is valid
  697  for 1 year and may only be granted once. Charter schools that
  698  have been in operation for more than 5 years are not eligible
  699  for a waiver under this sub-subparagraph.
  700         5. The director and a representative of the governing board
  701  of a graded charter school that has implemented a school
  702  improvement plan under this paragraph shall appear before the
  703  sponsor at least once a year to present information regarding
  704  the progress of intervention and support strategies implemented
  705  by the school pursuant to the school improvement plan and
  706  corrective actions, if applicable. The sponsor shall communicate
  707  at the meeting, and in writing to the director, the services
  708  provided to the school to help the school address its
  709  deficiencies.
  710         6. Notwithstanding any provision of this paragraph except
  711  sub-subparagraphs 4.a.-c., the sponsor may terminate the charter
  712  at any time pursuant to subsection (8).
  713         (o) Upon notification of nonrenewal or termination of its
  714  charter, a charter school may not expend more than $10,000
  715  without prior written approval from the sponsor, unless such
  716  expenditure was included within the annual budget submitted to
  717  the sponsor pursuant to the charter contract or such expenditure
  718  is for reasonable attorney fees and costs during the pendency of
  719  any appeal.
  720         (p) Each charter school shall maintain a website that
  721  enables the public to obtain information regarding the school,
  722  its personnel, and its programs. The website shall include
  723  information or online links to information regarding any entity
  724  that owns, operates, or manages the school, including any
  725  nonprofit or for-profit entity; the names of all governing
  726  officers and administrative personnel of the entity; and any
  727  fees the school pays to the entity. The information or online
  728  links must be prominently displayed and easily accessible to
  729  visitors of the website.
  730         (10) ELIGIBLE STUDENTS.—
  731         (b) The charter school shall enroll an eligible student who
  732  submits a timely application, unless the number of applications
  733  exceeds the capacity of a program, class, grade level, or
  734  building. In such case, all applicants shall have an equal
  735  chance of being admitted through a random selection process
  736  observed by the sponsor or a third party mutually agreed to by
  737  the charter school and sponsor.
  738         (h) The capacity of the charter school shall be determined
  739  annually by the governing board, in conjunction with the
  740  sponsor, of the charter school in consideration of the factors
  741  identified in this subsection unless the charter school is
  742  designated as a high-performing charter school pursuant to s.
  743  1002.331. A sponsor may not require a charter school to waive
  744  the provisions of s. 1002.331 or require a student enrollment
  745  cap that prohibits a high-performing charter school from
  746  increasing enrollment in accordance with s. 1002.331(2) as a
  747  condition of approval or renewal of a charter.
  748         (i) The capacity of a high-performing charter school
  749  identified pursuant to s. 1002.331 shall be determined annually
  750  by the governing board of the charter school. The governing
  751  board shall notify the sponsor of any increase in enrollment by
  752  March 1 of the school year preceding the increase. A sponsor may
  753  not require a charter school to identify the names of students
  754  to be enrolled or to enroll those students before the start of
  755  the school year as a condition of approval or renewal of a
  756  charter. A sponsor may not require a high-performing charter
  757  school to waive its rights to determine its own student
  758  enrollment capacity.
  759         (16) EXEMPTION FROM STATUTES.—
  760         (b) Additionally, a charter school shall be in compliance
  761  with the following statutes:
  762         1. Section 286.011, relating to public meetings and
  763  records, public inspection, and criminal and civil penalties.
  764         2. Chapter 119, relating to public records.
  765         3. Section 1003.03, relating to the maximum class size,
  766  except that the calculation for compliance pursuant to s.
  767  1003.03 shall be the average at the school level.
  768         4. Section 1012.22(1)(c)5.b. 1012.22(1)(c), relating to the
  769  implementation of a compensation system that requires annual
  770  salary adjustments for instructional personnel to be based upon
  771  performance and salary schedules.
  772         5. Section 1012.33(5), relating to workforce reductions, if
  773  the charter school awards contracts to instructional personnel
  774  and the term of a contract exceeds 1 year.
  775         6. Section 1012.335, relating to contracts with
  776  instructional personnel hired on or after July 1, 2011, if the
  777  charter school awards contracts to instructional personnel and
  778  the term of a contract exceeds 1 year.
  779         7. Section 1012.34(2), (3), and (7) 1012.34, relating to
  780  the substantive requirements for performance evaluations for
  781  instructional personnel and school administrators. For purposes
  782  of compliance with this subparagraph, the duties assigned to a
  783  district school superintendent apply to a charter school
  784  principal or his or her equivalent, and the duties assigned to a
  785  district school board apply to a charter school’s governing
  786  board.
  787         (17) FUNDING.—Students enrolled in a charter school,
  788  regardless of the sponsorship, shall be funded as if they are in
  789  a basic program or a special program, the same as students
  790  enrolled in other public schools in the school district. Funding
  791  for a charter lab school shall be as provided in s. 1002.32.
  792         (c) If the district school board is providing programs or
  793  services to students funded by federal funds, any eligible
  794  students enrolled in charter schools in the school district
  795  shall be provided federal funds for the same level of service
  796  provided students in the schools operated by the district school
  797  board. Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all
  798  charter schools shall receive all federal funding for which the
  799  school is otherwise eligible, including Title I funding, not
  800  later than 5 months after the charter school first opens and
  801  within 5 months after any subsequent expansion of enrollment.
  802  Unless otherwise mutually agreed to by the charter school and
  803  its sponsor, and consistent with state and federal rules and
  804  regulations governing the use and disbursement of federal funds,
  805  the sponsor shall reimburse the charter school on a monthly
  806  basis for all invoices submitted by the charter school for
  807  federal funds available to the sponsor for the benefit of the
  808  charter school, the charter school’s students, and the charter
  809  school’s students as public school students in the school
  810  district. Such federal funds include, but are not limited to,
  811  Title I, Title II, and Individuals with Disabilities Education
  812  Act (IDEA) funds. To receive timely reimbursement for an
  813  invoice, the charter school must submit the invoice to the
  814  sponsor at least 30 days before the monthly date of
  815  reimbursement set by the sponsor. In order to be reimbursed, any
  816  expenditure made by the charter school must comply with all
  817  applicable state and federal rules and regulations, including,
  818  but not limited to, the applicable federal Office of Management
  819  and Budget Circulars, the federal Education Department General
  820  Administrative Regulations, and program-specific statutes,
  821  rules, and regulations. Such funds may not be made available to
  822  the charter school until a plan is submitted to the sponsor for
  823  approval of the use of the funds in accordance with applicable
  824  federal requirements. The sponsor has 30 days to review and
  825  approve any plan submitted pursuant to this paragraph.
  826         (18) FACILITIES.—
  827         (e) If a district school board-owned board facility that
  828  previously has been used for K-12 educational purposes or
  829  property is available because it is surplus, marked for
  830  disposal, or otherwise unused, it shall be made available
  831  provided for a charter school’s use at no cost until the
  832  beginning of the fourth fiscal year the school is open, at which
  833  time the charter school shall pay the sponsor a negotiated rent
  834  for the facility, which may not exceed fair market value on the
  835  same basis as it is made available to other public schools in
  836  the district. If the facility was used as a K-12 public school
  837  in the previous school year, as a condition of using such a
  838  facility, the charter school shall agree to target students who
  839  had been assigned to that public school the previous school year
  840  and to enroll a sufficient number of students to ensure that the
  841  facility will be used at a greater capacity than it had been
  842  used in the previous school year. A district school board-owned
  843  facility that is being used at less than 50 percent of its
  844  Florida Inventory of School Houses (FISH) student capacity shall
  845  be shared with the charter school at no cost until the beginning
  846  of the fourth fiscal year the charter school is open, at which
  847  time the charter school shall pay the sponsor a negotiated rent
  848  for the facility which may not exceed fair market value. The
  849  district school board may give priority for the use of such
  850  facility to charter schools and charter school operators with a
  851  proven record of academic success. A charter school using such a
  852  facility receiving property from the school district may not
  853  sell, sublease, or dispose of such facility property without
  854  written permission of the school district. The charter school
  855  may not earn capital outlay funds; however, the school district
  856  shall include the charter school’s capital outlay full-time
  857  equivalent (COFTE) student count in the district’s capital
  858  outlay calculations. The sponsor shall maintain the facility at
  859  the same standard and level it would maintain any other
  860  district-operated school similar in age and condition.
  861  Maintenance does not include capital improvements. Similarly,
  862  for an existing public school converting to charter status, no
  863  rental or leasing fee for the existing facility or for the
  864  property normally inventoried to the conversion school may be
  865  charged by the district school board to the parents and teachers
  866  organizing the charter school. The charter school shall agree to
  867  reasonable maintenance provisions in order to maintain the
  868  facility in a manner similar to district school board standards.
  869  The Public Education Capital Outlay maintenance funds or any
  870  other maintenance funds generated by the facility operated as a
  871  conversion school shall remain with the conversion school.
  872         (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.—
  873         (a) The Department of Education shall provide information
  874  to the public, directly and through sponsors, on how to form and
  875  operate a charter school and how to enroll in a charter school
  876  once it is created. This information shall include a model
  877  standard application form format, standard charter contract
  878  format, standard evaluation instrument, and standard charter
  879  renewal contract format, which shall include the information
  880  specified in subsection (7) and shall be developed by consulting
  881  and negotiating with both school districts and charter schools
  882  before implementation. The charter and charter renewal contracts
  883  formats shall be used by charter school sponsors.
  884         (26) STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.—
  885         (c) An employee of the charter school, or his or her
  886  spouse, or an employee of a charter management organization, or
  887  his or her spouse, may not be a member of a governing board of a
  888  charter school.
  889         (27) RULEMAKING.—The Department of Education, after
  890  consultation with school districts and charter school directors,
  891  shall recommend that the State Board of Education adopt rules to
  892  implement specific subsections of this section. Such rules shall
  893  require minimum paperwork and shall not limit charter school
  894  flexibility authorized by statute. The State Board of Education
  895  shall adopt rules, pursuant to ss. 120.536(1) and 120.54, to
  896  implement a charter model application form, standard evaluation
  897  instrument, and standard charter and charter renewal contracts
  898  formats in accordance with this section.
  899         Section 2. Paragraph (d) is added to subsection (1) of
  900  section 1002.331, Florida Statutes, and subsections (2), (4),
  901  and (5) of that section are amended, to read:
  902         1002.331 High-performing charter schools.—
  903         (1) A charter school is a high-performing charter school if
  904  it:
  905         (d) Is established primarily to serve students in the
  906  attendance zone of a school in need of intervention and support
  907  services pursuant to s. 1008.33(3)(b) if it is operated by an
  908  entity deemed to be a high-performing charter school system by
  909  the State Board of Education pursuant to s. 1002.332(1)(c).
  910  
  911  A virtual charter school established under s. 1002.33 is not
  912  eligible for designation as a high-performing charter school.
  913         (2) A high-performing charter school is authorized to:
  914         (a) Increase its student enrollment once per school year by
  915  up to 15 percent more than the capacity identified in the
  916  charter.
  917         (a)(b) Expand grade levels within kindergarten through
  918  grade 12 to add grade levels not already served if any annual
  919  enrollment increase resulting from grade level expansion is
  920  within the limit established in paragraph (a).
  921         (b)(c) Submit a quarterly, rather than a monthly, financial
  922  statement to the sponsor pursuant to s. 1002.33(9)(g).
  923         (c)(d) Consolidate under a single charter the charters of
  924  multiple high-performing charter schools operated in the same
  925  school district by the charter schools’ governing board
  926  regardless of the renewal cycle.
  927         (d)(e) Receive a modification of its charter to a term of
  928  15 years or a 15-year charter renewal. The charter may be
  929  modified or renewed for a shorter term at the option of the
  930  high-performing charter school. The charter must be consistent
  931  with s. 1002.33(7)(a)19. and (10)(h) and (i), is subject to
  932  annual review by the sponsor, and may be terminated during its
  933  term pursuant to s. 1002.33(8).
  934  
  935  A high-performing charter school shall notify its sponsor in
  936  writing by March 1 if it intends to increase enrollment or
  937  expand grade levels the following school year. The written
  938  notice shall specify the amount of the enrollment increase and
  939  the grade levels that will be added, as applicable. If a high
  940  performing charter school requests to consolidate multiple
  941  charters or to modify its charter pursuant to this subsection,
  942  the sponsor shall have 40 days after receipt of that request to
  943  provide an initial draft charter to the charter school. The
  944  sponsor and charter school shall have 50 days thereafter to
  945  negotiate and notice the charter contract for final approval by
  946  the sponsor.
  947         (4) A high-performing charter school may not increase
  948  enrollment or expand grade levels following any school year in
  949  which it receives a school grade of “C” or below. If the charter
  950  school receives a school grade of “C” or below in any 2 years
  951  during the term of the charter awarded under subsection (2), the
  952  term of the charter may be modified by the sponsor and the
  953  charter school loses its high-performing charter school status
  954  until it regains that status under subsection (1).
  955         (5) The Commissioner of Education, upon request by a
  956  charter school, shall verify that the charter school meets the
  957  criteria in subsection (1) and provide a letter to the charter
  958  school and the sponsor stating that the charter school is a
  959  high-performing charter school pursuant to this section. The
  960  commissioner shall annually determine whether a high-performing
  961  charter school continues to meet the criteria in subsection (1).
  962  A high-performing charter school shall maintain its high
  963  performing status unless the commissioner determines that the
  964  charter school no longer meets the criteria in subsection (1),
  965  at which time the commissioner shall send a letter providing
  966  notification of its declassification as a high-performing
  967  charter school.
  968         Section 3. Paragraph (b) of subsection (1) and paragraph
  969  (a) of subsection (2) of section 1002.332, Florida Statutes, are
  970  amended, and paragraph (c) is added to subsection (1) of that
  971  section, to read:
  972         1002.332 High-performing charter school system.—
  973         (1) For purposes of this section, the term:
  974         (b) “High-performing charter school system” means an entity
  975  that:
  976         1. Operated Operates at least three high-performing charter
  977  schools in the state during each of the previous 3 school years;
  978         2. Operated Operates a system of charter schools in which
  979  at least 50 percent of the charter schools were are high
  980  performing charter schools pursuant to s. 1002.331 and no
  981  charter school earned a school grade of “D” or “F” pursuant to
  982  s. 1008.34 in any of the previous 3 school years, except that:
  983         a. If the entity has assumed operation of a public school
  984  pursuant to s. 1008.33(4)(b)3. with a school grade of “F,” that
  985  school’s grade may not be considered in determining high
  986  performing charter school system status for a period of 3 years.
  987         b. If the entity established establishes a new charter
  988  school that served serves a student population the majority of
  989  which resided resides in a school zone served by a public school
  990  that earned a grade of “F” or three consecutive grades of “D”
  991  pursuant to s. 1008.34, that charter school’s grade may not be
  992  considered in determining high-performing charter school system
  993  status if it attained attains and maintained maintains a school
  994  grade that was is higher than that of the public school serving
  995  that school zone within 3 years after establishment; and
  996         3. Did Has not receive received a financial audit that
  997  revealed one or more of the financial emergency conditions set
  998  forth in s. 218.503(1) for any charter school assumed or
  999  established by the entity in the most recent 3 fiscal years for
 1000  which such audits are available.
 1001         (c) An entity that successfully operates a system of
 1002  charter schools outside the state may apply to the State Board
 1003  of Education for status as a high-performing charter school
 1004  system solely for the purpose of establishing a charter school
 1005  that primarily serves students in the attendance zone of a
 1006  school identified in need of intervention and support services
 1007  pursuant to s. 1008.33(3)(b). The State Board of Education shall
 1008  adopt by rule a process for determining whether the entity meets
 1009  the requirements of this paragraph by reviewing student
 1010  demographic and performance data from each school that is
 1011  operated by the entity.
 1012         (2)(a) The Commissioner of Education, upon request by an
 1013  entity, shall verify all charter schools served by the entity
 1014  and verify that the entity meets the criteria in subsection (1)
 1015  for the previous prior school year and provide a letter to the
 1016  entity stating that it is a high-performing charter school
 1017  system. The commissioner shall annually determine whether a
 1018  high-performing charter school system continues to meet the
 1019  criteria in subsection (1). A high-performing charter school
 1020  system shall maintain its high-performing status unless the
 1021  commissioner determines that the charter school system no longer
 1022  meets the criteria in subsection (1), at which time the
 1023  commissioner shall send a letter providing notification of its
 1024  declassification as a high-performing charter school system.
 1025         Section 4. This act shall take effect July 1, 2013.