Florida Senate - 2014                                    SB 1528
       
       
        
       By Senator Bradley
       
       
       
       
       
       7-01393A-14                                           20141528__
    1                        A bill to be entitled                      
    2         An act relating to school choice; amending s. 1002.33,
    3         F.S.; revising required contents of charter school
    4         applications and charter contracts; authorizing a
    5         sponsor to require an applicant to provide additional
    6         information as an addendum to a charter school
    7         application; requiring a sponsor to allow an applicant
    8         an opportunity to correct both material and technical
    9         deficiencies in the application; conforming provisions
   10         regarding the appeal process for denial of high
   11         performing charter school applications; requiring
   12         sponsors and applicants to use a standard charter
   13         contract; specifying that the standard charter
   14         contract consists of the approved application and
   15         addenda and other specified elements; conforming
   16         provisions; specifying that a charter contract
   17         provision that is inconsistent with or prohibited by
   18         law is void and unenforceable; authorizing the sponsor
   19         and applicant to negotiate additional terms after
   20         approving the charter; authorizing a charter school to
   21         open and operate during such negotiation; providing
   22         that matters included in the approved application and
   23         addenda are deemed settled for purposes of negotiating
   24         the charter; clarifying provisions regarding long-term
   25         charters and charter terminations; specifying that a
   26         charter is automatically terminated when a charter
   27         school earns a second consecutive grade of “F” after
   28         all appeals unless an exception applies; specifying
   29         requirements regarding such terminations; correcting
   30         cross-references; prohibiting a sponsor from requiring
   31         a high-performing charter school to limit enrollment
   32         or capacity to students enrolled before the start of
   33         the school year; clarifying that sponsors must make
   34         unused school facilities available to charter schools;
   35         specifying requirements for such use of facilities;
   36         requiring the Department of Education to develop a
   37         model application form, standard charter contract,
   38         standard application evaluation instrument, and
   39         standard charter renewal contract; requiring the
   40         department to develop such documents for virtual
   41         charter schools; amending s. 1002.331, F.S.;
   42         specifying that charter schools established by certain
   43         high-performing charter school systems qualify for
   44         high-performing charter school status for the first 3
   45         years of operation; correcting a cross-reference;
   46         revising limits on high-performing charter school
   47         replication; amending s. 1002.332, F.S.; authorizing
   48         certain out-of-state entities to apply for designation
   49         as a high-performing charter school system; requiring
   50         the State Board of Education to adopt by rule
   51         eligibility criteria for such designation; amending s.
   52         1002.45, F.S.; specifying conditions under which an
   53         approved virtual instruction provider’s contract is
   54         automatically terminated; amending s. 1013.62, F.S.;
   55         requiring that a charter school not have financial
   56         emergency conditions on an annual audit in order to
   57         qualify for capital outlay funding; amending s.
   58         1003.01, F.S.; correcting a cross-reference; providing
   59         an effective date.
   60          
   61  Be It Enacted by the Legislature of the State of Florida:
   62  
   63         Section 1. Paragraphs (a), (b), (c), and (h) of subsection
   64  (6), subsection (7), paragraphs (n) and (o) of subsection (9),
   65  paragraphs (e) and (i) of subsection (10), paragraphs (b) and
   66  (c) of subsection (15), paragraph (e) of subsection (18), and
   67  paragraph (a) of subsection (21) of section 1002.33, Florida
   68  Statutes, are amended to read:
   69         1002.33 Charter schools.—
   70         (6) APPLICATION PROCESS AND REVIEW.—Charter school
   71  applications are subject to the following requirements:
   72         (a) A person or entity that wants wishing to open a charter
   73  school shall prepare and submit an application on the a model
   74  application form prepared by the Department of Education which:
   75         1. Demonstrates how the school will use the guiding
   76  principles and meet the statutorily defined purpose of a charter
   77  school and describes the school’s mission, the students to be
   78  served, and the ages and grades to be included.
   79         2. Describes the focus of the curriculum, the instructional
   80  methods to be used, any distinctive instructional techniques to
   81  be employed, and the identification and acquisition of
   82  appropriate technologies needed to improve educational and
   83  administrative performance, which include a means for promoting
   84  safe, ethical, and appropriate uses of technology that comply
   85  with legal and professional standards. The Provides a detailed
   86  curriculum plan must illustrate that illustrates how students
   87  will be provided instruction on services to attain the Sunshine
   88  state standards.
   89         a. Reading shall be a primary focus of the curriculum. The
   90  curriculum plan must describe the differentiated strategies that
   91  will be used for students reading at grade level or higher and a
   92  separate curriculum and strategies for students who are reading
   93  below grade level. Resources must be provided to identify and
   94  provide specialized instruction for students who are reading
   95  below grade level. The curriculum and instructional strategies
   96  for reading must be consistent with state standards and grounded
   97  in scientifically based reading research. A sponsor shall deny a
   98  charter if the school does not propose a reading curriculum that
   99  is consistent with effective teaching strategies that are
  100  grounded in scientifically based reading research.
  101         b. In order to provide students with access to diverse
  102  instructional delivery models, to facilitate the integration of
  103  technology within traditional classroom instruction, and to
  104  provide students with the skills they need to compete in the
  105  21st century economy, the Legislature encourages instructional
  106  methods for blended learning courses consisting of both
  107  traditional classroom and virtual instructional techniques.
  108  Charter schools may implement blended learning courses that
  109  combine traditional classroom instruction and virtual
  110  instruction. Students in a blended learning course must be full
  111  time students of the charter school and receive the virtual
  112  instruction in a classroom setting at the charter school.
  113  Instructional personnel certified pursuant to s. 1012.55 who
  114  provide virtual instruction for blended learning courses may be
  115  employees of the charter school or may be under contract to
  116  provide instructional services to charter school students. At a
  117  minimum, such instructional personnel must hold an active state
  118  or school district adjunct certification under s. 1012.57 for
  119  the subject area of the blended learning course. The funding and
  120  performance accountability requirements for blended learning
  121  courses are the same as those for traditional courses.
  122         3. Contains goals and objectives for improving student
  123  learning and measuring that improvement. These goals and
  124  objectives must indicate how much academic improvement students
  125  are expected to show each year, how success will be evaluated,
  126  and the specific results to be attained through instruction.
  127         4. Provides the methods used to identify the educational
  128  strengths and needs of students and how well educational goals
  129  and performance standards are met by students attending the
  130  charter school. The methods shall provide a means for the
  131  charter school to ensure accountability to its constituents by
  132  analyzing student performance data and by evaluating the
  133  effectiveness and efficiency of its major educational programs.
  134  Students in charter schools shall, at a minimum, participate in
  135  the statewide assessment program created under s. 1008.22.
  136         5. For the establishment of a secondary charter school,
  137  provides a method for determining that a student has satisfied
  138  the requirements for graduation in s. 1003.4282.
  139         4. Describes the reading curriculum and differentiated
  140  strategies that will be used for students reading at grade level
  141  or higher and a separate curriculum and strategies for students
  142  who are reading below grade level. A sponsor shall deny a
  143  charter if the school does not propose a reading curriculum that
  144  is consistent with effective teaching strategies that are
  145  grounded in scientifically based reading research.
  146         5. Contains an annual financial plan for each year
  147  requested by the charter for operation of the school for up to 5
  148  years. This plan must contain anticipated fund balances based on
  149  revenue projections, a spending plan based on projected revenues
  150  and expenses, and a description of controls that will safeguard
  151  finances and projected enrollment trends.
  152         6. Documents that the applicant has participated in the
  153  training required in subparagraph (f)2. A sponsor may require an
  154  applicant to provide additional information as an addendum to
  155  the charter school application described in this paragraph.
  156         7. For the establishment of a virtual charter school,
  157  documents that the applicant has contracted with a provider of
  158  virtual instruction services pursuant to s. 1002.45(1)(d).
  159         7. Describes the admissions procedures and dismissal
  160  procedures, including the school’s code of student conduct.
  161         8. Describes the ways by which the school will achieve a
  162  racial/ethnic balance reflective of the community it serves or
  163  within the racial/ethnic range of other public schools in the
  164  same school district.
  165         9. Contains an annual financial plan for each year that the
  166  applicant intends to operate the school for up to 5 years. This
  167  plan must contain anticipated fund balances based on revenue
  168  projections, a spending plan based on projected revenues and
  169  expenses, and a description of controls that will safeguard
  170  finances and projected enrollment trends.
  171         10. Describes the financial and administrative management
  172  of the school, including a reasonable demonstration of the
  173  professional experience or competence of those individuals or
  174  organizations applying to operate the charter school or those
  175  individuals or organizations hired or retained to perform such
  176  professional services and a description of clearly delineated
  177  responsibilities of those individuals or organizations and the
  178  policies and practices needed to effectively manage the charter
  179  school. A description of internal audit procedures and
  180  establishment of controls to ensure that financial resources are
  181  properly managed must be included. Both public sector and
  182  private sector professional experience are equally valid in such
  183  a consideration.
  184         11. Describes procedures that identify various risks and
  185  provide for a comprehensive approach to reduce the impact of
  186  losses; plans to ensure the safety and security of students and
  187  staff; plans to identify, minimize, and protect others from
  188  violent or disruptive student behavior; and the manner in which
  189  the school will be insured, including whether the school will be
  190  required to have liability insurance, and, if so, the terms and
  191  conditions thereof and the amounts of coverage.
  192         12. Includes the qualifications to be required of the
  193  teachers and the potential strategies used to recruit, hire,
  194  train, and retain qualified staff to achieve best value.
  195         13. Describes the governance structure of the school,
  196  including the status of the charter school as a public or
  197  private employer as required in paragraph (12)(i).
  198         14. Includes a timetable for implementing the charter which
  199  addresses the implementation of each element thereof and the
  200  date by which the charter will be awarded in order to meet this
  201  timetable.
  202         15. In the case of an existing public school that is being
  203  converted to charter status, includes alternative arrangements
  204  for current students who choose not to attend the charter school
  205  and for current teachers who choose not to teach in the charter
  206  school after conversion in accordance with the existing
  207  collective bargaining agreement or district school board rule in
  208  the absence of a collective bargaining agreement. However,
  209  alternative arrangements are not required for current teachers
  210  who choose not to teach in a charter lab school, except as
  211  authorized by the employment policies of the state university
  212  that grants the charter to the lab school.
  213  
  214  A sponsor may require an applicant to provide additional
  215  information as an addendum to the charter school application
  216  described in this paragraph.
  217         (b) A sponsor shall receive and review all applications for
  218  a charter school using the an evaluation instrument developed by
  219  the Department of Education. A sponsor shall receive and
  220  consider charter school applications received on or before
  221  August 1 of each calendar year for charter schools to be opened
  222  at the beginning of the school district’s next school year, or
  223  to be opened at a time agreed to by the applicant and the
  224  sponsor. A sponsor may not refuse to receive a charter school
  225  application submitted before August 1 and may receive an
  226  application submitted later than August 1 if it chooses. In
  227  order to facilitate greater collaboration in the application
  228  process, an applicant may submit a draft charter school
  229  application on or before May 1 with an application fee of $500.
  230  If a draft application is timely submitted, the sponsor shall
  231  review and provide feedback as to material deficiencies in the
  232  application by July 1. The applicant shall then have until
  233  August 1 to resubmit a revised and final application. The
  234  sponsor may approve the draft application. A sponsor may not
  235  charge an applicant for a charter any fee for the processing or
  236  consideration of an application, and a sponsor may not base its
  237  consideration or approval of a final application upon the
  238  promise of future payment of any kind. Before approving or
  239  denying any final application, the sponsor shall allow the
  240  applicant, upon receipt of written notification, at least 7
  241  calendar days to make technical or nonsubstantive corrections
  242  and clarifications to address any deficiencies, including, but
  243  not limited to, corrections of grammatical, typographical, and
  244  like errors or missing signatures, if such errors are identified
  245  by the sponsor as cause to deny the final application.
  246         1. In order to facilitate an accurate budget projection
  247  process, a sponsor shall be held harmless for FTE students who
  248  are not included in the FTE projection due to approval of
  249  charter school applications after the FTE projection deadline.
  250  In a further effort to facilitate an accurate budget projection,
  251  within 15 calendar days after receipt of a charter school
  252  application, a sponsor shall report to the Department of
  253  Education the name of the applicant entity, the proposed charter
  254  school location, and its projected FTE.
  255         2. In order to ensure fiscal responsibility, an application
  256  for a charter school shall include a full accounting of expected
  257  assets, a projection of expected sources and amounts of income,
  258  including income derived from projected student enrollments and
  259  from community support, and an expense projection that includes
  260  full accounting of the costs of operation, including start-up
  261  costs.
  262         3.a. A sponsor shall by a majority vote approve or deny an
  263  application no later than 60 calendar days after the application
  264  is received, unless the sponsor and the applicant mutually agree
  265  in writing to temporarily postpone the vote to a specific date,
  266  at which time the sponsor shall by a majority vote approve or
  267  deny the application. If the sponsor fails to act on the
  268  application, an applicant may appeal to the State Board of
  269  Education as provided in paragraph (c). If an application is
  270  denied, the sponsor shall, within 10 calendar days after such
  271  denial, articulate in writing the specific reasons, based upon
  272  good cause, supporting its denial of the charter application and
  273  shall provide the letter of denial and supporting documentation
  274  to the applicant and to the Department of Education.
  275         b. An application submitted by a high-performing charter
  276  school identified pursuant to s. 1002.331 may be denied by the
  277  sponsor only if the sponsor demonstrates by clear and convincing
  278  evidence that:
  279         (I) The application does not materially comply with the
  280  requirements in paragraph (a);
  281         (II) The charter school proposed in the application does
  282  not materially comply with the requirements in paragraphs
  283  (9)(a)-(f);
  284         (III) The proposed charter school’s educational program
  285  does not substantially replicate that of the applicant or one of
  286  the applicant’s high-performing charter schools;
  287         (IV) The applicant has made a material misrepresentation or
  288  false statement or concealed an essential or material fact
  289  during the application process; or
  290         (V) The proposed charter school’s educational program and
  291  financial management practices do not materially comply with the
  292  requirements of this section.
  293  
  294  Material noncompliance is a failure to follow requirements or a
  295  violation of prohibitions applicable to charter school
  296  applications, which failure is quantitatively or qualitatively
  297  significant either individually or when aggregated with other
  298  noncompliance. An applicant is considered to be replicating a
  299  high-performing charter school if the proposed school is
  300  substantially similar to at least one of the applicant’s high
  301  performing charter schools and the organization or individuals
  302  involved in the establishment and operation of the proposed
  303  school are significantly involved in the operation of replicated
  304  schools.
  305         c. If the sponsor denies an application submitted by a
  306  high-performing charter school, the sponsor must, within 10
  307  calendar days after such denial, state in writing the specific
  308  reasons, based upon the criteria in sub-subparagraph b.,
  309  supporting its denial of the application and must provide the
  310  letter of denial and supporting documentation to the applicant
  311  and to the Department of Education. The applicant may appeal the
  312  sponsor’s denial of the application directly to the State Board
  313  of Education pursuant to paragraph (c) and must provide the
  314  sponsor with a copy of the appeal sub-subparagraph (c)3.b.
  315         4. For budget projection purposes, the sponsor shall report
  316  to the Department of Education the approval or denial of a
  317  charter application within 10 calendar days after such approval
  318  or denial. In the event of approval, the report to the
  319  Department of Education shall include the final projected FTE
  320  for the approved charter school.
  321         5. Upon approval of a charter application, the initial
  322  startup shall commence with the beginning of the public school
  323  calendar for the district in which the charter is granted unless
  324  the sponsor allows a waiver of this subparagraph for good cause.
  325         (c)1. An applicant may appeal any denial of that
  326  applicant’s application or failure to act on an application to
  327  the State Board of Education within no later than 30 calendar
  328  days after receipt of the sponsor’s decision or failure to act
  329  and shall notify the sponsor of its appeal. Any response of the
  330  sponsor shall be submitted to the State Board of Education
  331  within 30 calendar days after notification of the appeal. Upon
  332  receipt of notification from the State Board of Education that a
  333  charter school applicant is filing an appeal, the Commissioner
  334  of Education shall convene a meeting of the Charter School
  335  Appeal Commission to study and make recommendations to the State
  336  Board of Education regarding its pending decision about the
  337  appeal. The commission shall forward its recommendation to the
  338  state board at least 7 calendar days before the date on which
  339  the appeal is to be heard. An appeal regarding the denial of an
  340  application submitted by a high-performing charter school
  341  pursuant to s. 1002.331 shall be conducted by the State Board of
  342  Education in accordance with this paragraph, except that the
  343  commission shall not convene to make recommendations regarding
  344  the appeal. However, the Commissioner of Education shall review
  345  the appeal and make a recommendation to the state board.
  346         2. The Charter School Appeal Commission or, in the case of
  347  an appeal regarding an application submitted by a high
  348  performing charter school, the State Board of Education may
  349  reject an appeal submission for failure to comply with
  350  procedural rules governing the appeals process. The rejection
  351  shall describe the submission errors. The appellant shall have
  352  15 calendar days after notice of rejection in which to resubmit
  353  an appeal that meets the requirements set forth in State Board
  354  of Education rule. An appeal submitted subsequent to such
  355  rejection is considered timely if the original appeal was filed
  356  within 30 calendar days after receipt of notice of the specific
  357  reasons for the sponsor’s denial of the charter application.
  358         3.a. The State Board of Education shall by majority vote
  359  accept or reject the decision of the sponsor no later than 90
  360  calendar days after an appeal is filed in accordance with State
  361  Board of Education rule. The State Board of Education shall
  362  remand the application to the sponsor with its written decision
  363  that the sponsor approve or deny the application. The sponsor
  364  shall implement the decision of the State Board of Education.
  365  The decision of the State Board of Education is not subject to
  366  the provisions of the Administrative Procedure Act, chapter 120.
  367         b. If an appeal concerns an application submitted by a
  368  high-performing charter school identified pursuant to s.
  369  1002.331, the State Board of Education shall determine whether
  370  the sponsor’s denial of the application complies with the
  371  requirements in sub-subparagraph (b)3.b. sponsor has shown, by
  372  clear and convincing evidence, that:
  373         (I) The application does not materially comply with the
  374  requirements in paragraph (a);
  375         (II) The charter school proposed in the application does
  376  not materially comply with the requirements in paragraphs
  377  (9)(a)-(f);
  378         (III) The proposed charter school’s educational program
  379  does not substantially replicate that of the applicant or one of
  380  the applicant’s high-performing charter schools;
  381         (IV) The applicant has made a material misrepresentation or
  382  false statement or concealed an essential or material fact
  383  during the application process; or
  384         (V) The proposed charter school’s educational program and
  385  financial management practices do not materially comply with the
  386  requirements of this section.
  387  
  388  The State Board of Education shall approve or reject the
  389  sponsor’s denial of an application no later than 90 calendar
  390  days after an appeal is filed in accordance with State Board of
  391  Education rule. The State Board of Education shall remand the
  392  application to the sponsor with its written decision that the
  393  sponsor approve or deny the application. The sponsor shall
  394  implement the decision of the State Board of Education. The
  395  decision of the State Board of Education is not subject to the
  396  Administrative Procedure Act, chapter 120.
  397         (h) The terms and conditions for the operation of a charter
  398  school shall be set forth by the sponsor and the applicant in a
  399  written contractual agreement, called a charter. The sponsor may
  400  not impose unreasonable rules or regulations that violate the
  401  intent of giving charter schools greater flexibility to meet
  402  educational goals. The sponsor has 30 days after approval of the
  403  application to provide to the charter school a standard an
  404  initial proposed charter contract developed by the Department of
  405  Education to the charter school, which shall consist of the
  406  approved application and any addenda and the elements specified
  407  in paragraph (7)(a). The applicant and the sponsor have 40 days
  408  thereafter to negotiate the remaining terms and notice the
  409  charter contract for final approval by the sponsor unless both
  410  parties agree to an extension. The proposed charter contract
  411  shall be provided to the charter school at least 7 calendar days
  412  before prior to the date of the meeting at which the charter is
  413  scheduled to be voted upon by the sponsor. A provision of a
  414  charter contract inconsistent with or prohibited by the
  415  requirements of this section is void and unenforceable. The
  416  department of Education shall provide mediation services for any
  417  dispute regarding this section subsequent to the approval of a
  418  charter application and for any dispute relating to the approved
  419  charter, except disputes regarding charter school application
  420  denials. If the Commissioner of Education determines that the
  421  dispute cannot be settled through mediation, the dispute may be
  422  appealed to an administrative law judge appointed by the
  423  Division of Administrative Hearings. The administrative law
  424  judge has final order authority to rule on issues of equitable
  425  treatment of the charter school as a public school, whether
  426  proposed provisions of the charter violate the intended
  427  flexibility granted charter schools by statute, or on any other
  428  matter regarding this section except a charter school
  429  application denial, a charter termination, or a charter
  430  nonrenewal and shall award the prevailing party reasonable
  431  attorney attorney’s fees and costs incurred to be paid by the
  432  losing party. The costs of the administrative hearing shall be
  433  paid by the party whom the administrative law judge rules
  434  against. Once the sponsor has voted upon and approved the
  435  standard charter contract, the sponsor and applicant have the
  436  right to negotiate additional terms, as necessary. The charter
  437  school may open and operate during the pendency of any
  438  negotiation, mediation, or administrative proceeding.
  439         (7) CHARTER.— The major issues involving the operation of a
  440  charter school shall be set forth in considered in advance and
  441  written into the charter. The governing board of the charter
  442  school and the sponsor shall use the standard charter contract
  443  developed by the department, which shall incorporate the
  444  approved application and any addenda. Matters included in the
  445  approved application and any addenda are deemed settled for
  446  purposes of negotiating the charter; however, the parties may
  447  agree to address such matters after approval of the charter. The
  448  charter shall be signed by the governing board of the charter
  449  school and the sponsor, following a public hearing to ensure
  450  community input.
  451         (a) The charter shall address and criteria for approval of
  452  the charter shall be based on:
  453         1. The school’s mission, the students to be served, and the
  454  ages and grades to be included.
  455         2. The focus of the curriculum, the instructional methods
  456  to be used, any distinctive instructional techniques to be
  457  employed, and identification and acquisition of appropriate
  458  technologies needed to improve educational and administrative
  459  performance which include a means for promoting safe, ethical,
  460  and appropriate uses of technology which comply with legal and
  461  professional standards.
  462         a. The charter shall ensure that reading is a primary focus
  463  of the curriculum and that resources are provided to identify
  464  and provide specialized instruction for students who are reading
  465  below grade level. The curriculum and instructional strategies
  466  for reading must be consistent with the Next Generation Sunshine
  467  State Standards and grounded in scientifically based reading
  468  research.
  469         b. In order to provide students with access to diverse
  470  instructional delivery models, to facilitate the integration of
  471  technology within traditional classroom instruction, and to
  472  provide students with the skills they need to compete in the
  473  21st century economy, the Legislature encourages instructional
  474  methods for blended learning courses consisting of both
  475  traditional classroom and online instructional techniques.
  476  Charter schools may implement blended learning courses which
  477  combine traditional classroom instruction and virtual
  478  instruction. Students in a blended learning course must be full
  479  time students of the charter school and receive the online
  480  instruction in a classroom setting at the charter school.
  481  Instructional personnel certified pursuant to s. 1012.55 who
  482  provide virtual instruction for blended learning courses may be
  483  employees of the charter school or may be under contract to
  484  provide instructional services to charter school students. At a
  485  minimum, such instructional personnel must hold an active state
  486  or school district adjunct certification under s. 1012.57 for
  487  the subject area of the blended learning course. The funding and
  488  performance accountability requirements for blended learning
  489  courses are the same as those for traditional courses.
  490         1.3. The current incoming baseline standard of student
  491  academic achievement, the outcomes to be achieved, and the
  492  method of measurement that will be used. The criteria listed in
  493  this subparagraph shall include a detailed description of:
  494         a. How the baseline student academic achievement levels and
  495  prior rates of academic progress will be established.
  496         b. How these baseline rates will be compared to rates of
  497  academic progress achieved by these same students while
  498  attending the charter school.
  499         c. To the extent possible, how these rates of progress will
  500  be evaluated and compared with rates of progress of other
  501  closely comparable student populations.
  502  
  503  The district school board is required to provide academic
  504  student performance data to charter schools for each of their
  505  students coming from the district school system, as well as
  506  rates of academic progress of comparable student populations in
  507  the district school system.
  508         4. The methods used to identify the educational strengths
  509  and needs of students and how well educational goals and
  510  performance standards are met by students attending the charter
  511  school. The methods shall provide a means for the charter school
  512  to ensure accountability to its constituents by analyzing
  513  student performance data and by evaluating the effectiveness and
  514  efficiency of its major educational programs. Students in
  515  charter schools shall, at a minimum, participate in the
  516  statewide assessment program created under s. 1008.22.
  517         5. In secondary charter schools, a method for determining
  518  that a student has satisfied the requirements for graduation in
  519  s. 1003.428 or s. 1003.4282.
  520         2.6. A method for resolving conflicts between the governing
  521  board of the charter school and the sponsor.
  522         7. The admissions procedures and dismissal procedures,
  523  including the school’s code of student conduct.
  524         8. The ways by which the school will achieve a
  525  racial/ethnic balance reflective of the community it serves or
  526  within the racial/ethnic range of other public schools in the
  527  same school district.
  528         9. The financial and administrative management of the
  529  school, including a reasonable demonstration of the professional
  530  experience or competence of those individuals or organizations
  531  applying to operate the charter school or those hired or
  532  retained to perform such professional services and the
  533  description of clearly delineated responsibilities and the
  534  policies and practices needed to effectively manage the charter
  535  school. A description of internal audit procedures and
  536  establishment of controls to ensure that financial resources are
  537  properly managed must be included. Both public sector and
  538  private sector professional experience shall be equally valid in
  539  such a consideration.
  540         10. The asset and liability projections required in the
  541  application which are incorporated into the charter and shall be
  542  compared with information provided in the annual report of the
  543  charter school.
  544         11. A description of procedures that identify various risks
  545  and provide for a comprehensive approach to reduce the impact of
  546  losses; plans to ensure the safety and security of students and
  547  staff; plans to identify, minimize, and protect others from
  548  violent or disruptive student behavior; and the manner in which
  549  the school will be insured, including whether or not the school
  550  will be required to have liability insurance, and, if so, the
  551  terms and conditions thereof and the amounts of coverage.
  552         3.12. The term of the charter which shall provide for
  553  cancellation of the charter if insufficient progress has been
  554  made in attaining the student achievement objectives of the
  555  charter and if it is not likely that such objectives can be
  556  achieved before expiration of the charter. The initial term of
  557  the a charter, which shall be for 4 or 5 years. In order to
  558  facilitate access to long-term financial resources for charter
  559  school construction, Charter schools that are operated by a
  560  municipality or other public entity, as provided by law, or a
  561  private, not-for-profit, s. 501(c)(3) status corporation are
  562  eligible for up to a 15-year charter, subject to approval by the
  563  district school board. A charter lab school is also eligible for
  564  a charter for a term of up to 15 years. In addition, to
  565  facilitate access to long-term financial resources for charter
  566  school construction, charter schools that are operated by a
  567  private, not-for-profit, s. 501(c)(3) status corporation are
  568  eligible for up to a 15-year charter, subject to approval by the
  569  district school board. Such long-term charters remain subject to
  570  annual review and may be terminated during the term of the
  571  charter, but only according to the provisions set forth in
  572  subsection (8) or paragraph (9)(n).
  573         4. Termination or nonrenewal of the charter pursuant to
  574  subsection (8), including termination for failure to make
  575  sufficient progress towards attaining the student achievement
  576  objectives of the charter or likely failure to meet such
  577  objectives before expiration of the charter, and automatic
  578  termination of the charter pursuant to paragraph (9)(n).
  579         5.13. The facilities to be used and their location. The
  580  sponsor may not require a charter school to have a certificate
  581  of occupancy or a temporary certificate of occupancy for such a
  582  facility earlier than 15 calendar days before the first day of
  583  school.
  584         14. The qualifications to be required of the teachers and
  585  the potential strategies used to recruit, hire, train, and
  586  retain qualified staff to achieve best value.
  587         15. The governance structure of the school, including the
  588  status of the charter school as a public or private employer as
  589  required in paragraph (12)(i).
  590         16. A timetable for implementing the charter which
  591  addresses the implementation of each element thereof and the
  592  date by which the charter shall be awarded in order to meet this
  593  timetable.
  594         17. In the case of an existing public school that is being
  595  converted to charter status, alternative arrangements for
  596  current students who choose not to attend the charter school and
  597  for current teachers who choose not to teach in the charter
  598  school after conversion in accordance with the existing
  599  collective bargaining agreement or district school board rule in
  600  the absence of a collective bargaining agreement. However,
  601  alternative arrangements shall not be required for current
  602  teachers who choose not to teach in a charter lab school, except
  603  as authorized by the employment policies of the state university
  604  which grants the charter to the lab school.
  605         6.18. Full disclosure of the identity of all relatives
  606  employed by the charter school who are related to the charter
  607  school owner, president, chairperson of the governing board of
  608  directors, superintendent, governing board member, principal,
  609  assistant principal, or any other person employed by the charter
  610  school who has equivalent decisionmaking authority. For the
  611  purpose of this subparagraph, the term “relative” means father,
  612  mother, son, daughter, brother, sister, uncle, aunt, first
  613  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  614  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  615  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  616  stepsister, half brother, or half sister.
  617         7.19. Implementation of the activities authorized under s.
  618  1002.331 by the charter school when it satisfies the eligibility
  619  requirements for a high-performing charter school. A high
  620  performing charter school shall notify its sponsor in writing by
  621  March 1 if it intends to increase enrollment or expand grade
  622  levels the following school year. The written notice shall
  623  specify the amount of the enrollment increase and the grade
  624  levels that will be added, as applicable.
  625         (b)1. A charter may be renewed provided that a program
  626  review demonstrates that the criteria in paragraph (a) have been
  627  successfully accomplished and that none of the grounds for
  628  nonrenewal established by paragraph (8)(a) has been documented.
  629  In order to facilitate long-term financing for charter school
  630  construction, charter schools operating for a minimum of 3 years
  631  and demonstrating exemplary academic programming and fiscal
  632  management are eligible for a 15-year charter renewal. Such
  633  long-term charter is subject to annual review and may be
  634  terminated during the term of the charter.
  635         2. The 15-year charter renewal that may be granted pursuant
  636  to subparagraph 1. shall be granted to a charter school that has
  637  received a school grade of “A” or “B” pursuant to s. 1008.34 in
  638  3 of the past 4 years and is not in a state of financial
  639  emergency or deficit position as defined by this section. Such
  640  long-term charter is subject to annual review and may be
  641  terminated during the term of the charter pursuant to subsection
  642  (8).
  643         (c) A charter may be modified during its initial term or
  644  any renewal term upon the recommendation of the sponsor or the
  645  charter school’s governing board and the approval of both
  646  parties to the agreement. Modification may include, but is not
  647  limited to, consolidation of multiple charters into a single
  648  charter if the charters are operated under the same governing
  649  board and physically located on the same campus, regardless of
  650  the renewal cycle.
  651         (d)1. Each charter school’s governing board must appoint a
  652  representative to facilitate parental involvement, provide
  653  access to information, assist parents and others with questions
  654  and concerns, and resolve disputes. The representative must
  655  reside in the school district in which the charter school is
  656  located and may be a governing board member, charter school
  657  employee, or individual contracted to represent the governing
  658  board. If the governing board oversees multiple charter schools
  659  in the same school district, the governing board must appoint a
  660  separate individual representative for each charter school in
  661  the district. The representative’s contact information must be
  662  provided annually in writing to parents and posted prominently
  663  on the charter school’s website if a website is maintained by
  664  the school. The sponsor may not require that governing board
  665  members reside in the school district in which the charter
  666  school is located if the charter school complies with this
  667  paragraph.
  668         2. Each charter school’s governing board must hold at least
  669  two public meetings per school year in the school district. The
  670  meetings must be noticed, open, and accessible to the public,
  671  and attendees must be provided an opportunity to receive
  672  information and provide input regarding the charter school’s
  673  operations. The appointed representative and charter school
  674  principal or director, or his or her equivalent, must be
  675  physically present at each meeting.
  676         (9) CHARTER SCHOOL REQUIREMENTS.—
  677         (n)1. The director and a representative of the governing
  678  board of a charter school that has earned a grade of “D” or “F”
  679  pursuant to s. 1008.34(2) shall appear before the sponsor to
  680  present information concerning each contract component having
  681  noted deficiencies. The director and a representative of the
  682  governing board shall submit to the sponsor for approval a
  683  school improvement plan to raise student achievement. Upon
  684  approval by the sponsor, the charter school shall begin
  685  implementation of the school improvement plan. The department
  686  shall offer technical assistance and training to the charter
  687  school and its governing board and establish guidelines for
  688  developing, submitting, and approving such plans.
  689         2.a. If a charter school earns three consecutive grades of
  690  “D,” two consecutive grades of “D” followed by a grade of “F,”
  691  or two nonconsecutive grades of “F” within a 3-year period, the
  692  charter school governing board shall choose one of the following
  693  corrective actions:
  694         (I) Contract for educational services to be provided
  695  directly to students, instructional personnel, and school
  696  administrators, as prescribed in state board rule;
  697         (II) Contract with an outside entity that has a
  698  demonstrated record of effectiveness to operate the school;
  699         (III) Reorganize the school under a new director or
  700  principal who is authorized to hire new staff; or
  701         (IV) Voluntarily close the charter school.
  702         b. The charter school must implement the corrective action
  703  in the school year following receipt of a third consecutive
  704  grade of “D,” a grade of “F” following two consecutive grades of
  705  “D,” or a second nonconsecutive grade of “F” within a 3-year
  706  period.
  707         c. The sponsor may annually waive a corrective action if it
  708  determines that the charter school is likely to improve a letter
  709  grade if additional time is provided to implement the
  710  intervention and support strategies prescribed by the school
  711  improvement plan. Notwithstanding this sub-subparagraph, a
  712  charter school that earns a second consecutive grade of “F” is
  713  subject to subparagraph 4.
  714         d. A charter school is no longer required to implement a
  715  corrective action if it improves by at least one letter grade.
  716  However, the charter school must continue to implement
  717  strategies identified in the school improvement plan. The
  718  sponsor must annually review implementation of the school
  719  improvement plan to monitor the school’s continued improvement
  720  pursuant to subparagraph 5.
  721         e. A charter school implementing a corrective action that
  722  does not improve by at least one letter grade after 2 full
  723  school years of implementing the corrective action must select a
  724  different corrective action. Implementation of the new
  725  corrective action must begin in the school year following the
  726  implementation period of the existing corrective action, unless
  727  the sponsor determines that the charter school is likely to
  728  improve a letter grade if additional time is provided to
  729  implement the existing corrective action. Notwithstanding this
  730  sub-subparagraph, a charter school that earns a second
  731  consecutive grade of “F” while implementing a corrective action
  732  is subject to subparagraph 4.
  733         3. A charter school with a grade of “D” or “F” that
  734  improves by at least one letter grade must continue to implement
  735  the strategies identified in the school improvement plan. The
  736  sponsor must annually review implementation of the school
  737  improvement plan to monitor the school’s continued improvement
  738  pursuant to subparagraph 5.
  739         4. A charter school’s charter is automatically terminated
  740  if the school earns a second consecutive grade of “F” after all
  741  school grade appeals are final The sponsor shall terminate a
  742  charter if the charter school earns two consecutive grades of
  743  “F” unless:
  744         a. The charter school is established to turn around the
  745  performance of a district public school pursuant to s.
  746  1008.33(4)(b)3. Such charter schools shall be governed by s.
  747  1008.33;
  748         b. The charter school serves a student population the
  749  majority of which resides in a school zone served by a district
  750  public school that earned a grade of “F” in the year before the
  751  charter school opened and the charter school earns at least a
  752  grade of “D” in its third year of operation. The exception
  753  provided under this sub-subparagraph does not apply to a charter
  754  school in its fourth year of operation and thereafter; or
  755         c. The state board grants the charter school a waiver of
  756  termination. The charter school must request the waiver within
  757  15 days after the department’s official release of school
  758  grades. The state board may waive termination if the charter
  759  school demonstrates that the learning gains of its students on
  760  statewide assessments are comparable to or better than the
  761  learning gains of similarly situated students enrolled in nearby
  762  district public schools. The waiver is valid for 1 year and may
  763  only be granted once. Charter schools that have been in
  764  operation for more than 5 years are not eligible for a waiver
  765  under this sub-subparagraph.
  766  
  767  The sponsor shall notify in writing the charter school’s
  768  governing board, the charter school principal, and the
  769  department when a charter is terminated under this subparagraph.
  770  A charter terminated under this subparagraph is governed by the
  771  requirements of paragraphs (8)(e)-(g) and (9)(o).
  772         5. The director and a representative of the governing board
  773  of a graded charter school that has implemented a school
  774  improvement plan under this paragraph shall appear before the
  775  sponsor at least once a year to present information regarding
  776  the progress of intervention and support strategies implemented
  777  by the school pursuant to the school improvement plan and
  778  corrective actions, if applicable. The sponsor shall communicate
  779  at the meeting, and in writing to the director, the services
  780  provided to the school to help the school address its
  781  deficiencies.
  782         6. Notwithstanding any provision of this paragraph except
  783  sub-subparagraphs 4.a.-c., the sponsor may terminate the charter
  784  at any time pursuant to subsection (8).
  785         (o)1. Upon initial notification of nonrenewal, closure, or
  786  termination of its charter, a charter school may not expend more
  787  than $10,000 per expenditure without prior written approval from
  788  the sponsor unless such expenditure was included within the
  789  annual budget submitted to the sponsor pursuant to the charter
  790  contract, is for reasonable attorney fees and costs during the
  791  pendency of any hearing or appeal, or is for reasonable fees and
  792  costs to conduct an independent audit.
  793         2. An independent audit shall be completed within 30 days
  794  after notice of nonrenewal, closure, or termination to account
  795  for all public funds and assets.
  796         3. A provision in a charter contract that contains an
  797  acceleration clause requiring the expenditure of funds based
  798  upon closure or upon notification of nonrenewal or termination
  799  is void and unenforceable.
  800         4. A charter school may not enter into a contract with an
  801  employee that exceeds the term of the school’s charter contract
  802  with its sponsor.
  803         5. A violation of this paragraph triggers a reversion or
  804  clawback power by the sponsor allowing for collection of an
  805  amount equal to or less than the accelerated amount that exceeds
  806  normal expenditures. The reversion or clawback plus legal fees
  807  and costs shall be levied against the person or entity receiving
  808  the accelerated amount.
  809         (10) ELIGIBLE STUDENTS.—
  810         (e) A charter school may limit the enrollment process only
  811  to target the following student populations:
  812         1. Students within specific age groups or grade levels.
  813         2. Students considered at risk of dropping out of school or
  814  academic failure. Such students shall include exceptional
  815  education students.
  816         3. Students enrolling in a charter school-in-the-workplace
  817  or charter school-in-a-municipality established pursuant to
  818  subsection (15).
  819         4. Students residing within a reasonable distance of the
  820  charter school, as described in paragraph (20)(c). Such students
  821  shall be subject to a random lottery and to the racial/ethnic
  822  balance provisions described in subparagraph (6)(a)8. (7)(a)8.
  823  or any federal provisions that require a school to achieve a
  824  racial/ethnic balance reflective of the community it serves or
  825  within the racial/ethnic range of other public schools in the
  826  same school district.
  827         5. Students who meet reasonable academic, artistic, or
  828  other eligibility standards established by the charter school
  829  and included in the charter school application and charter or,
  830  in the case of existing charter schools, standards that are
  831  consistent with the school’s mission and purpose. Such standards
  832  shall be in accordance with current state law and practice in
  833  public schools and may not discriminate against otherwise
  834  qualified individuals.
  835         6. Students articulating from one charter school to another
  836  pursuant to an articulation agreement between the charter
  837  schools that has been approved by the sponsor.
  838         7. Students living in a development in which a business
  839  entity provides the school facility and related property having
  840  an appraised value of at least $10 million to be used as a
  841  charter school for the development. Students living in the
  842  development shall be entitled to 50 percent of the student
  843  stations in the charter school. The students who are eligible
  844  for enrollment are subject to a random lottery, the
  845  racial/ethnic balance provisions, or any federal provisions, as
  846  described in subparagraph 4. The remainder of the student
  847  stations shall be filled in accordance with subparagraph 4.
  848         (i) The capacity of a high-performing charter school
  849  identified pursuant to s. 1002.331 shall be determined annually
  850  by the governing board of the charter school. The governing
  851  board shall notify the sponsor of any increase in enrollment by
  852  March 1 of the school year preceding the increase. A sponsor may
  853  not require a charter school to identify the names of students
  854  to be enrolled or to limit enrollment or capacity to enroll
  855  those students enrolled before the start of the school year as a
  856  condition of approval or renewal of a charter.
  857         (15) CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER SCHOOLS-IN
  858  A-MUNICIPALITY.—
  859         (b) A charter school-in-the-workplace may be established
  860  when a business partner provides the school facility to be used;
  861  enrolls students based upon a random lottery that involves all
  862  of the children of employees of that business or corporation who
  863  are seeking enrollment, as provided for in subsection (10); and
  864  enrolls students according to the racial/ethnic balance
  865  provisions described in subparagraph (6)(a)8. (7)(a)8. Any
  866  portion of a facility used for a public charter school shall be
  867  exempt from ad valorem taxes, as provided for in s. 1013.54, for
  868  the duration of its use as a public school.
  869         (c) A charter school-in-a-municipality designation may be
  870  granted to a municipality that possesses a charter; enrolls
  871  students based upon a random lottery that involves all of the
  872  children of the residents of that municipality who are seeking
  873  enrollment, as provided for in subsection (10); and enrolls
  874  students according to the racial/ethnic balance provisions
  875  described in subparagraph (6)(a)8. (7)(a)8. When a municipality
  876  has submitted charter applications for the establishment of a
  877  charter school feeder pattern, consisting of elementary, middle,
  878  and senior high schools, and each individual charter application
  879  is approved by the district school board, such schools shall
  880  then be designated as one charter school for all purposes listed
  881  pursuant to this section. Any portion of the land and facility
  882  used for a public charter school shall be exempt from ad valorem
  883  taxes, as provided for in s. 1013.54, for the duration of its
  884  use as a public school.
  885         (18) FACILITIES.—
  886         (e) If a district school board-owned board facility that
  887  has previously been used for K-12 educational purposes or
  888  property is no longer used as a school as defined in s.
  889  1003.01(2) available because it is surplus, marked for disposal,
  890  or otherwise unused, it shall be made available provided for a
  891  charter school’s use on the same basis as it is made available
  892  to other public schools in the district. The charter school is
  893  responsible for the costs required to bring the facility into
  894  compliance with the current Florida Building Code and for costs
  895  required to maintain such compliance. A charter school using
  896  such a facility receiving property from the school district may
  897  not sell, sublease, or dispose of such facility property without
  898  written permission of the school district. The charter school
  899  may not earn capital outlay funds; however, the school district
  900  shall include the charter school’s capital outlay full-time
  901  equivalent (COFTE) student count in the district’s capital
  902  outlay calculations. The charter school may choose to maintain
  903  and repair the facility at the same standard and level as any
  904  other district-operated school of similar age and condition.
  905  Maintenance and repair do not include the construction of any
  906  new building, structure, or substantial addition, extension, or
  907  upgrade to an existing facility. Similarly, for an existing
  908  public school converting to charter status, no rental or leasing
  909  fee for the existing facility or for the property normally
  910  inventoried to the conversion school may be charged by the
  911  district school board to the parents and teachers organizing the
  912  charter school. The charter school shall agree to reasonable
  913  maintenance provisions in order to maintain the facility in a
  914  manner similar to district school board standards. The Public
  915  Education Capital Outlay maintenance funds or any other
  916  maintenance funds generated by the facility operated as a
  917  conversion school shall remain with the conversion school.
  918         (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.—
  919         (a) The Department of Education shall provide information
  920  to the public, directly and through sponsors, on how to form and
  921  operate a charter school and how to enroll in a charter school
  922  once it is created. This information shall include a model
  923  application form, standard charter contract, standard
  924  application evaluation instrument, and standard charter renewal
  925  contract, which shall include the information specified in
  926  subsections (6) and subsection (7), as applicable, and shall be
  927  developed by consulting and negotiating with both school
  928  districts and charter schools before implementation. The model
  929  application form, standard charter contract, standard
  930  application evaluation instrument, and standard charter renewal
  931  contract must clearly identify the specific statutes and rules
  932  from which charter schools are statutorily exempted from
  933  compliance. The department shall develop a model application
  934  form, standard charter contract, standard application evaluation
  935  instrument, and standard charter renewal contract uniquely
  936  tailored to virtual charter schools established under subsection
  937  (1) and high-performing charter schools under s. 1002.331(3).
  938  The charter and charter renewal contracts shall be used by
  939  charter school sponsors.
  940         Section 2. Subsection (1), paragraph (e) of subsection (2),
  941  and subsections (3) and (5) of section 1002.331, Florida
  942  Statutes, are amended to read:
  943         1002.331 High-performing charter schools.—
  944         (1) A charter school is a high-performing charter school if
  945  it:
  946         (a) Received at least two school grades of “A” and no
  947  school grade below “B,” pursuant to s. 1008.34, during each of
  948  the previous 3 school years.
  949         (b) Received an unqualified opinion on each annual
  950  financial audit required under s. 218.39 in the most recent 3
  951  fiscal years for which such audits are available.
  952         (c) Did not receive a financial audit that revealed one or
  953  more of the financial emergency conditions set forth in s.
  954  218.503(1) in the most recent 3 fiscal years for which such
  955  audits are available. However, this requirement is deemed met
  956  for a charter school-in-the-workplace if there is a finding in
  957  an audit that the school has the monetary resources available to
  958  cover any reported deficiency or that the deficiency does not
  959  result in a deteriorating financial condition pursuant to s.
  960  1002.345(1)(a)3.
  961  
  962  A virtual charter school established under s. 1002.33 is not
  963  eligible for designation as a high-performing charter school. A
  964  charter school that is established in this state and operated by
  965  an entity classified as a high-performing charter school system
  966  pursuant to s. 1002.332(2) is deemed a high-performing charter
  967  school during its first 3 years of operation. Beginning in the
  968  fourth year of operation and thereafter, such a charter school
  969  must meet the criteria in this subsection to maintain the
  970  designation.
  971         (2) A high-performing charter school is authorized to:
  972         (e) Receive a modification of its charter to a term of 15
  973  years or a 15-year charter renewal. The charter may be modified
  974  or renewed for a shorter term at the option of the high
  975  performing charter school. The charter must be consistent with
  976  s. 1002.33(7)(a)7. 1002.33(7)(a)19. and (10)(h) and (i), is
  977  subject to annual review by the sponsor, and may be terminated
  978  during its term pursuant to s. 1002.33(8).
  979  
  980  A high-performing charter school shall notify its sponsor in
  981  writing by March 1 if it intends to increase enrollment or
  982  expand grade levels the following school year. The written
  983  notice shall specify the amount of the enrollment increase and
  984  the grade levels that will be added, as applicable. If a charter
  985  school notifies the sponsor of its intent to expand, the sponsor
  986  shall modify the charter within 90 days to include the new
  987  enrollment maximum and may not make any other changes. The
  988  sponsor may deny a request to increase the enrollment of a high
  989  performing charter school if the commissioner has declassified
  990  the charter school as high-performing. If a high-performing
  991  charter school requests to consolidate multiple charters, the
  992  sponsor shall have 40 days after receipt of that request to
  993  provide an initial draft charter to the charter school. The
  994  sponsor and charter school shall have 50 days thereafter to
  995  negotiate and notice the charter contract for final approval by
  996  the sponsor.
  997         (3)(a) A high-performing charter school may submit an
  998  application pursuant to s. 1002.33(6) in any school district in
  999  the state to establish and operate a new charter school that
 1000  will substantially replicate its educational program in order to
 1001  serve the attendance zone of a school identified in need of
 1002  intervention and support pursuant to s. 1008.33(3)(b) or to meet
 1003  capacity needs or needs for innovative choice options identified
 1004  by the district school board. An application submitted by a
 1005  high-performing charter school must state that the application
 1006  is being submitted pursuant to this paragraph and must include
 1007  the verification letter provided by the Commissioner of
 1008  Education pursuant to subsection (5). If the sponsor fails to
 1009  act on the application within 60 days after receipt, the
 1010  application is deemed approved and the procedure in s.
 1011  1002.33(6)(h) applies. If the sponsor denies the application,
 1012  the high-performing charter school may appeal pursuant to s.
 1013  1002.33(6).
 1014         (b) A high-performing charter school may not establish more
 1015  than one charter school within the state under paragraph (a) in
 1016  any year. A subsequent application to establish a charter school
 1017  under paragraph (a) may not be submitted unless each charter
 1018  school established in this manner achieves high-performing
 1019  charter school status.
 1020         (5) The Commissioner of Education, upon request by a
 1021  charter school, shall verify that the charter school meets the
 1022  criteria in subsection (1) and provide a letter to the charter
 1023  school and the sponsor stating that the charter school is a
 1024  high-performing charter school pursuant to this section. The
 1025  commissioner shall annually determine whether a high-performing
 1026  charter school under subsection (1) continues to meet the
 1027  criteria in that subsection. Such high-performing charter school
 1028  shall maintain its high-performing status unless the
 1029  commissioner determines that the charter school no longer meets
 1030  the criteria in subsection (1), at which time the commissioner
 1031  shall send a letter to the charter school and its sponsor
 1032  providing notification that the charter school has been
 1033  declassified of its declassification as a high-performing
 1034  charter school.
 1035         Section 3. Present subsection (2) of section 1002.332,
 1036  Florida Statutes, is renumbered as subsection (3), and a new
 1037  subsection (2) is added to that section to read:
 1038         1002.332 High-performing charter school system.—
 1039         (2) An entity that successfully operates a system of
 1040  charter schools outside the state may apply to the State Board
 1041  of Education for status as a high-performing charter school
 1042  system. The state board shall adopt rules prescribing a process
 1043  for determining whether the entity meets the requirements of
 1044  this subsection by reviewing student demographic and performance
 1045  data and fiscal accountability of all schools operated by the
 1046  entity. To the extent practicable, the state board shall develop
 1047  a rubric for the approval of such entities which aligns with the
 1048  priorities of the federal Charter Schools Program Grants for
 1049  Replication and Expansion of High-Quality Charter Schools, found
 1050  in Federal Register, Volume 76, Number 133.
 1051         Section 4. Paragraph (d) of subsection (8) of section
 1052  1002.45, Florida Statutes, is amended to read:
 1053         1002.45 Virtual instruction programs.—
 1054         (8) ASSESSMENT AND ACCOUNTABILITY.—
 1055         (d) An approved provider’s contract is automatically must
 1056  be terminated if the provider earns two consecutive school
 1057  grades of receives a school grade of “D” or “F” under s.
 1058  1008.34, two consecutive or a school improvement ratings rating
 1059  of “Declining” under s. 1008.341, for 2 years during any
 1060  consecutive 4-year period or has violated any qualification
 1061  requirement pursuant to subsection (2). A provider that has a
 1062  contract terminated under this paragraph may not be an approved
 1063  provider for a period of at least 1 year after the date upon
 1064  which the contract was terminated and until the department
 1065  determines that the provider is in compliance with subsection
 1066  (2) and has corrected each cause of the provider’s low
 1067  performance.
 1068         Section 5. Paragraph (a) of subsection (1) of section
 1069  1013.62, Florida Statutes, is amended to read:
 1070         1013.62 Charter schools capital outlay funding.—
 1071         (1) In each year in which funds are appropriated for
 1072  charter school capital outlay purposes, the Commissioner of
 1073  Education shall allocate the funds among eligible charter
 1074  schools.
 1075         (a) To be eligible for a funding allocation, a charter
 1076  school must:
 1077         1.a. Have been in operation for 3 or more years;
 1078         b. Be governed by a governing board established in the
 1079  state for 3 or more years which operates both charter schools
 1080  and conversion charter schools within the state;
 1081         c. Be an expanded feeder chain of a charter school within
 1082  the same school district that is currently receiving charter
 1083  school capital outlay funds;
 1084         d. Have been accredited by the Commission on Schools of the
 1085  Southern Association of Colleges and Schools; or
 1086         e. Serve students in facilities that are provided by a
 1087  business partner for a charter school-in-the-workplace pursuant
 1088  to s. 1002.33(15)(b).
 1089         2. Have an annual audit that does not reveal one or more of
 1090  the financial emergency conditions set forth in s. 218.503(1)
 1091  for the most recent fiscal year for which such audit is
 1092  available stability for future operation as a charter school.
 1093         3. Have satisfactory student achievement based on state
 1094  accountability standards applicable to the charter school.
 1095         4. Have received final approval from its sponsor pursuant
 1096  to s. 1002.33 for operation during that fiscal year.
 1097         5. Serve students in facilities that are not provided by
 1098  the charter school’s sponsor.
 1099         Section 6. Subsection (14) of section 1003.01, Florida
 1100  Statutes, is amended to read:
 1101         1003.01 Definitions.—As used in this chapter, the term:
 1102         (14) “Core-curricula courses” means:
 1103         (a) Courses in language arts/reading, mathematics, social
 1104  studies, and science in prekindergarten through grade 3,
 1105  excluding any extracurricular courses pursuant to subsection
 1106  (15);
 1107         (b) Courses in grades 4 through 8 in subjects that are
 1108  measured by state assessment at any grade level and courses
 1109  required for middle school promotion, excluding any
 1110  extracurricular courses pursuant to subsection (15);
 1111         (c) Courses in grades 9 through 12 in subjects that are
 1112  measured by state assessment at any grade level and courses that
 1113  are specifically identified by name in statute as required for
 1114  high school graduation and that are not measured by state
 1115  assessment, excluding any extracurricular courses pursuant to
 1116  subsection (15);
 1117         (d) Exceptional student education courses; and
 1118         (e) English for Speakers of Other Languages courses.
 1119  
 1120  The term is limited in meaning and used for the sole purpose of
 1121  designating classes that are subject to the maximum class size
 1122  requirements established in s. 1, Art. IX of the State
 1123  Constitution. This term does not include courses offered under
 1124  ss. 1002.321(4)(e), 1002.33(6)(a)2.b. 1002.33(7)(a)2.b.,
 1125  1002.37, 1002.415, 1002.45, and 1003.499.
 1126         Section 7. This act shall take effect July 1, 2014.