Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 1362
       
       
       
       
       
       
                                Ì143166-Î143166                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/17/2017           .                                
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       The Committee on Education (Broxson) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (1), paragraphs (a), (b), (c), and
    6  (h) of subsection (6), subsection (7), paragraph (b) of
    7  subsection (8), paragraph (h) of subsection (12), subsection
    8  (13), paragraphs (b) and (c) of subsection (17), paragraph (c)
    9  of subsection (18), subsection (20), paragraphs (a) and (b) of
   10  subsection (21), and subsections (25) and (28) of section
   11  1002.33, Florida Statutes, are amended to read:
   12         1002.33 Charter schools.—
   13         (1) AUTHORIZATION.—Charter schools shall be part of the
   14  state’s program of public education. All charter schools in
   15  Florida are public schools and shall be part of the state’s
   16  program of public education. A charter school may be formed by
   17  creating a new school or converting an existing public school to
   18  charter status. A charter school may operate a virtual charter
   19  school pursuant to s. 1002.45(1)(d) to provide full-time online
   20  instruction to eligible students, pursuant to s. 1002.455, in
   21  kindergarten through grade 12. An existing charter school that
   22  is seeking to become a virtual charter school must amend its
   23  charter or submit a new application pursuant to subsection (6)
   24  to become a virtual charter school. A virtual charter school is
   25  subject to the requirements of this section; however, a virtual
   26  charter school is exempt from subsections (18) and (19),
   27  subparagraphs (20)(a)2., 4., 5., and 7., paragraph (20)(c), and
   28  s. 1003.03. A public school may not use the term charter in its
   29  name unless it has been approved under this section.
   30         (6) APPLICATION PROCESS AND REVIEW.—Charter school
   31  applications are subject to the following requirements:
   32         (a) A person or entity seeking to open a charter school
   33  shall prepare and submit an application on the standard a model
   34  application form prepared by the Department of Education which:
   35         1. Demonstrates how the school will use the guiding
   36  principles and meet the statutorily defined purpose of a charter
   37  school.
   38         2. Provides a detailed curriculum plan that illustrates how
   39  students will be provided services to attain the Sunshine State
   40  Standards.
   41         3. Contains goals and objectives for improving student
   42  learning and measuring that improvement. These goals and
   43  objectives must indicate how much academic improvement students
   44  are expected to show each year, how success will be evaluated,
   45  and the specific results to be attained through instruction.
   46         4. Describes the reading curriculum and differentiated
   47  strategies that will be used for students reading at grade level
   48  or higher and a separate curriculum and strategies for students
   49  who are reading below grade level. A sponsor shall deny an
   50  application if the school does not propose a reading curriculum
   51  that is consistent with effective teaching strategies that are
   52  grounded in scientifically based reading research.
   53         5. Contains an annual financial plan for each year
   54  requested by the charter for operation of the school for up to 5
   55  years. This plan must contain anticipated fund balances based on
   56  revenue projections, a spending plan based on projected revenues
   57  and expenses, and a description of controls that will safeguard
   58  finances and projected enrollment trends.
   59         6. Discloses the name of each applicant, governing board
   60  member, and all proposed education services providers; the name
   61  and sponsor of any charter school operated by each applicant,
   62  each governing board member, and each proposed education
   63  services provider that has closed and the reasons for the
   64  closure; and the academic and financial history of such charter
   65  schools, which the sponsor shall consider in deciding whether to
   66  approve or deny the application.
   67         7. Contains additional information a sponsor may require,
   68  which shall be attached as an addendum to the charter school
   69  application described in this paragraph.
   70         8. For the establishment of a virtual charter school,
   71  documents that the applicant has contracted with a provider of
   72  virtual instruction services pursuant to s. 1002.45(1)(d).
   73         (b) A sponsor shall receive and review all applications for
   74  a charter school using the evaluation instrument developed by
   75  the Department of Education. A sponsor shall receive and
   76  consider charter school applications received on or before
   77  February August 1 of each calendar year for charter schools to
   78  be opened 18 months later at the beginning of the school
   79  district’s next school year, or to be opened at a time agreed to
   80  by the applicant and the sponsor. A sponsor may not refuse to
   81  receive a charter school application submitted before February
   82  August 1 and may receive an application submitted later than
   83  February August 1 if it chooses. In order to facilitate greater
   84  collaboration in the application process, an applicant may
   85  submit a draft charter school application on or before May 1
   86  with an application fee of $500. If a draft application is
   87  timely submitted, the sponsor shall review and provide feedback
   88  as to material deficiencies in the application by July 1. The
   89  applicant shall then have until August 1 to resubmit a revised
   90  and final application. The sponsor may approve the draft
   91  application. Except as provided for a draft application, A
   92  sponsor may not charge an applicant for a charter any fee for
   93  the processing or consideration of an application, and a sponsor
   94  may not base its consideration or approval of a final
   95  application upon the promise of future payment of any kind.
   96  Before approving or denying any final application, the sponsor
   97  shall allow the applicant, upon receipt of written notification,
   98  at least 7 calendar days to make technical or nonsubstantive
   99  corrections and clarifications, including, but not limited to,
  100  corrections of grammatical, typographical, and like errors or
  101  missing signatures, if such errors are identified by the sponsor
  102  as cause to deny the final application.
  103         1. In order to facilitate an accurate budget projection
  104  process, a sponsor shall be held harmless for FTE students who
  105  are not included in the FTE projection due to approval of
  106  charter school applications after the FTE projection deadline.
  107  In a further effort to facilitate an accurate budget projection,
  108  within 15 calendar days after receipt of a charter school
  109  application, a sponsor shall report to the Department of
  110  Education the name of the applicant entity, the proposed charter
  111  school location, and its projected FTE.
  112         2. In order to ensure fiscal responsibility, an application
  113  for a charter school shall include a full accounting of expected
  114  assets, a projection of expected sources and amounts of income,
  115  including income derived from projected student enrollments and
  116  from community support, and an expense projection that includes
  117  full accounting of the costs of operation, including start-up
  118  costs.
  119         3.a. A sponsor shall by a majority vote approve or deny an
  120  application no later than 90 60 calendar days after the
  121  application is received, unless the sponsor and the applicant
  122  mutually agree in writing to temporarily postpone the vote to a
  123  specific date, at which time the sponsor shall by a majority
  124  vote approve or deny the application. If the sponsor fails to
  125  act on the application, an applicant may appeal to the State
  126  Board of Education as provided in paragraph (c). If an
  127  application is denied, the sponsor shall, within 10 calendar
  128  days after such denial, articulate in writing the specific
  129  reasons, based upon good cause, supporting its denial of the
  130  application and shall provide the letter of denial and
  131  supporting documentation to the applicant and to the Department
  132  of Education.
  133         b. An application submitted by a high-performing charter
  134  school identified pursuant to s. 1002.331 or a high-performing
  135  charter school system identified pursuant to s. 1002.332 may be
  136  denied by the sponsor only if the sponsor demonstrates by clear
  137  and convincing evidence that:
  138         (I) The application does not materially comply with the
  139  requirements in paragraph (a);
  140         (II) The charter school proposed in the application does
  141  not materially comply with the requirements in paragraphs
  142  (9)(a)-(f);
  143         (III) The proposed charter school’s educational program
  144  does not substantially replicate that of the applicant or one of
  145  the applicant’s high-performing charter schools;
  146         (IV) The applicant has made a material misrepresentation or
  147  false statement or concealed an essential or material fact
  148  during the application process; or
  149         (V) The proposed charter school’s educational program and
  150  financial management practices do not materially comply with the
  151  requirements of this section.
  152  
  153  Material noncompliance is a failure to follow requirements or a
  154  violation of prohibitions applicable to charter school
  155  applications, which failure is quantitatively or qualitatively
  156  significant either individually or when aggregated with other
  157  noncompliance. An applicant is considered to be replicating a
  158  high-performing charter school if the proposed school is
  159  substantially similar to at least one of the applicant’s high
  160  performing charter schools and the organization or individuals
  161  involved in the establishment and operation of the proposed
  162  school are significantly involved in the operation of replicated
  163  schools.
  164         c. If the sponsor denies an application submitted by a
  165  high-performing charter school or a high-performing charter
  166  school system, the sponsor must, within 10 calendar days after
  167  such denial, state in writing the specific reasons, based upon
  168  the criteria in sub-subparagraph b., supporting its denial of
  169  the application and must provide the letter of denial and
  170  supporting documentation to the applicant and to the Department
  171  of Education. The applicant may appeal the sponsor’s denial of
  172  the application in accordance with directly to the State Board
  173  of Education and, if an appeal is filed, must provide a copy of
  174  the appeal to the sponsor pursuant to paragraph (c).
  175         4. For budget projection purposes, the sponsor shall report
  176  to the Department of Education the approval or denial of an
  177  application within 10 calendar days after such approval or
  178  denial. In the event of approval, the report to the Department
  179  of Education shall include the final projected FTE for the
  180  approved charter school.
  181         5. Upon approval of an application, the initial startup
  182  shall commence with the beginning of the public school calendar
  183  for the district in which the charter is granted. A charter
  184  school may defer the opening of the school’s operations for up
  185  to 2 years to provide time for adequate facility planning. The
  186  charter school must provide written notice of such intent to the
  187  sponsor and the parents of enrolled students at least 30
  188  calendar days before the first day of school.
  189         (c)1. An applicant may appeal any denial of that
  190  applicant’s application or failure to act on an application to
  191  the State Board of Education no later than 30 calendar days
  192  after receipt of the sponsor’s decision or failure to act and
  193  shall notify the sponsor of its appeal. Any response of the
  194  sponsor shall be submitted to the State Board of Education
  195  within 30 calendar days after notification of the appeal. Upon
  196  receipt of notification from the State Board of Education that a
  197  charter school applicant is filing an appeal, the Commissioner
  198  of Education shall convene a meeting of the Charter School
  199  Appeal Commission to study and make recommendations to the State
  200  Board of Education regarding its pending decision about the
  201  appeal. The commission shall forward its recommendation to the
  202  state board at least 7 calendar days before the date on which
  203  the appeal is to be heard. An appeal regarding the denial of an
  204  application submitted by a high-performing charter school
  205  pursuant to s. 1002.331 shall be conducted by the State Board of
  206  Education in accordance with this paragraph, except that the
  207  commission shall not convene to make recommendations regarding
  208  the appeal. However, the Commissioner of Education shall review
  209  the appeal and make a recommendation to the state board.
  210         2. The Charter School Appeal Commission or, in the case of
  211  an appeal regarding an application submitted by a high
  212  performing charter school, the State Board of Education may
  213  reject an appeal submission for failure to comply with
  214  procedural rules governing the appeals process. The rejection
  215  shall describe the submission errors. The appellant shall have
  216  15 calendar days after notice of rejection in which to resubmit
  217  an appeal that meets the requirements set forth in State Board
  218  of Education rule. An appeal submitted subsequent to such
  219  rejection is considered timely if the original appeal was filed
  220  within 30 calendar days after receipt of notice of the specific
  221  reasons for the sponsor’s denial of the charter application.
  222         3.a. The State Board of Education shall by majority vote
  223  accept or reject the decision of the sponsor no later than 90
  224  calendar days after an appeal is filed in accordance with State
  225  Board of Education rule. The State Board of Education shall
  226  remand the application to the sponsor with its written decision
  227  that the sponsor approve or deny the application. The sponsor
  228  shall implement the decision of the State Board of Education.
  229  The decision of the State Board of Education is not subject to
  230  the provisions of the Administrative Procedure Act, chapter 120.
  231         b. If an appeal concerns an application submitted by a
  232  high-performing charter school identified pursuant to s.
  233  1002.331 or a high-performing charter school system identified
  234  pursuant to s. 1002.332, the State Board of Education shall
  235  determine whether the sponsor’s denial was in accordance with
  236  sub-subparagraph (6)(b)3.b. sponsor has shown, by clear and
  237  convincing evidence, that:
  238         (I)The application does not materially comply with the
  239  requirements in paragraph (a);
  240         (II)The charter school proposed in the application does
  241  not materially comply with the requirements in paragraphs
  242  (9)(a)-(f);
  243         (III)The proposed charter school’s educational program
  244  does not substantially replicate that of the applicant or one of
  245  the applicant’s high-performing charter schools;
  246         (IV)The applicant has made a material misrepresentation or
  247  false statement or concealed an essential or material fact
  248  during the application process; or
  249         (V)The proposed charter school’s educational program and
  250  financial management practices do not materially comply with the
  251  requirements of this section.
  252  
  253  The State Board of Education shall approve or reject the
  254  sponsor’s denial of an application no later than 90 calendar
  255  days after an appeal is filed in accordance with State Board of
  256  Education rule. The State Board of Education shall remand the
  257  application to the sponsor with its written decision that the
  258  sponsor approve or deny the application. The sponsor shall
  259  implement the decision of the State Board of Education. The
  260  decision of the State Board of Education is not subject to the
  261  Administrative Procedure Act, chapter 120.
  262         (h)The terms and conditions for the operation of a charter
  263  school shall be set forth by the sponsor and the applicant in a
  264  written contractual agreement, called a charter. The sponsor may
  265  not impose unreasonable rules or regulations that violate the
  266  intent of giving charter schools greater flexibility to meet
  267  educational goals. The sponsor has 30 days after approval of the
  268  application to provide an initial proposed charter contract to
  269  the charter school. The applicant and the sponsor have 40 days
  270  thereafter to negotiate and notice the charter contract for
  271  final approval by the sponsor unless both parties agree to an
  272  extension. The proposed charter contract shall be provided to
  273  the charter school at least 7 calendar days prior to the date of
  274  the meeting at which the charter is scheduled to be voted upon
  275  by the sponsor. The Department of Education shall provide
  276  mediation services for any dispute regarding this section
  277  subsequent to the approval of a charter application and for any
  278  dispute relating to the approved charter, except disputes
  279  regarding charter school application denials. If the
  280  Commissioner of Education determines that the dispute cannot be
  281  settled through mediation, the dispute may be appealed to an
  282  administrative law judge appointed by the Division of
  283  Administrative Hearings. The administrative law judge has final
  284  order authority to rule on issues of equitable treatment of the
  285  charter school as a public school, whether proposed provisions
  286  of the charter violate the intended flexibility granted charter
  287  schools by statute, or on any other matter regarding this
  288  section except a charter school application denial, a charter
  289  termination, or a charter nonrenewal and shall award the
  290  prevailing party reasonable attorney’s fees and costs incurred
  291  to be paid by the losing party. The costs of the administrative
  292  hearing shall be paid by the party whom the administrative law
  293  judge rules against.
  294         (7) CHARTER.—The terms and conditions for the operation of
  295  a charter school shall be set forth by the sponsor and the
  296  applicant in a written contractual agreement, called a charter.
  297  The sponsor and the governing board of the charter school shall
  298  use the standard charter contract pursuant to subsection (21),
  299  which shall incorporate the approved application and any addenda
  300  approved with the application. The standard charter contract may
  301  not be altered in any way. Any term or condition of a proposed
  302  charter contract that differs from the standard charter contract
  303  adopted by rule of the State Board of Education shall be
  304  presumed a limitation on charter school flexibility. The sponsor
  305  may not impose unreasonable rules or regulations that violate
  306  the intent of giving charter schools greater flexibility to meet
  307  educational goals The major issues involving the operation of a
  308  charter school shall be considered in advance and written into
  309  the charter. The charter shall be signed by the governing board
  310  of the charter school and the sponsor, following a public
  311  hearing to ensure community input.
  312         (a) The charter shall address and criteria for approval of
  313  the charter shall be based on:
  314         1. The school’s mission, the students to be served, and the
  315  ages and grades to be included.
  316         2. The focus of the curriculum, the instructional methods
  317  to be used, any distinctive instructional techniques to be
  318  employed, and identification and acquisition of appropriate
  319  technologies needed to improve educational and administrative
  320  performance which include a means for promoting safe, ethical,
  321  and appropriate uses of technology which comply with legal and
  322  professional standards.
  323         a. The charter shall ensure that reading is a primary focus
  324  of the curriculum and that resources are provided to identify
  325  and provide specialized instruction for students who are reading
  326  below grade level. The curriculum and instructional strategies
  327  for reading must be consistent with the Next Generation Sunshine
  328  State Standards and grounded in scientifically based reading
  329  research.
  330         b. In order to provide students with access to diverse
  331  instructional delivery models, to facilitate the integration of
  332  technology within traditional classroom instruction, and to
  333  provide students with the skills they need to compete in the
  334  21st century economy, the Legislature encourages instructional
  335  methods for blended learning courses consisting of both
  336  traditional classroom and online instructional techniques.
  337  Charter schools may implement blended learning courses which
  338  combine traditional classroom instruction and virtual
  339  instruction. Students in a blended learning course must be full-
  340  time students of the charter school pursuant to s.
  341  1011.61(1)(a)1. and receive the online instruction in a
  342  classroom setting at the charter school. Instructional personnel
  343  certified pursuant to s. 1012.55 who provide virtual instruction
  344  for blended learning courses may be employees of the charter
  345  school or may be under contract to provide instructional
  346  services to charter school students. At a minimum, such
  347  instructional personnel must hold an active state or school
  348  district adjunct certification under s. 1012.57 for the subject
  349  area of the blended learning course. The funding and performance
  350  accountability requirements for blended learning courses are the
  351  same as those for traditional courses.
  352         3. The current incoming baseline standard of student
  353  academic achievement, the outcomes to be achieved, and the
  354  method of measurement that will be used. The criteria listed in
  355  this subparagraph shall include a detailed description of:
  356         a. How the baseline student academic achievement levels and
  357  prior rates of academic progress will be established.
  358         b. How these baseline rates will be compared to rates of
  359  academic progress achieved by these same students while
  360  attending the charter school.
  361         c. To the extent possible, how these rates of progress will
  362  be evaluated and compared with rates of progress of other
  363  closely comparable student populations.
  364  
  365  The district school board is required to provide academic
  366  student performance data to charter schools for each of their
  367  students coming from the district school system, as well as
  368  rates of academic progress of comparable student populations in
  369  the district school system.
  370         4. The methods used to identify the educational strengths
  371  and needs of students and how well educational goals and
  372  performance standards are met by students attending the charter
  373  school. The methods shall provide a means for the charter school
  374  to ensure accountability to its constituents by analyzing
  375  student performance data and by evaluating the effectiveness and
  376  efficiency of its major educational programs. Students in
  377  charter schools shall, at a minimum, participate in the
  378  statewide assessment program created under s. 1008.22.
  379         5. In secondary charter schools, a method for determining
  380  that a student has satisfied the requirements for graduation in
  381  s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
  382         6. A method for resolving conflicts between the governing
  383  board of the charter school and the sponsor.
  384         7. The admissions procedures and dismissal procedures,
  385  including the school’s code of student conduct. Admission or
  386  dismissal must not be based on a student’s academic performance.
  387         8. The ways by which the school will achieve a
  388  racial/ethnic balance reflective of the community it serves or
  389  within the racial/ethnic range of other public schools in the
  390  same school district.
  391         9. The financial and administrative management of the
  392  school, including a reasonable demonstration of the professional
  393  experience or competence of those individuals or organizations
  394  applying to operate the charter school or those hired or
  395  retained to perform such professional services and the
  396  description of clearly delineated responsibilities and the
  397  policies and practices needed to effectively manage the charter
  398  school. A description of internal audit procedures and
  399  establishment of controls to ensure that financial resources are
  400  properly managed must be included. Both public sector and
  401  private sector professional experience shall be equally valid in
  402  such a consideration.
  403         10. The asset and liability projections required in the
  404  application which are incorporated into the charter and shall be
  405  compared with information provided in the annual report of the
  406  charter school.
  407         11. A description of procedures that identify various risks
  408  and provide for a comprehensive approach to reduce the impact of
  409  losses; plans to ensure the safety and security of students and
  410  staff; plans to identify, minimize, and protect others from
  411  violent or disruptive student behavior; and the manner in which
  412  the school will be insured, including whether or not the school
  413  will be required to have liability insurance, and, if so, the
  414  terms and conditions thereof and the amounts of coverage.
  415         12. The term of the charter which shall provide for
  416  cancellation of the charter if insufficient progress has been
  417  made in attaining the student achievement objectives of the
  418  charter and if it is not likely that such objectives can be
  419  achieved before expiration of the charter. The initial term of a
  420  charter shall be for 4 or 5 years. In order to facilitate access
  421  to long-term financial resources for charter school
  422  construction, charter schools that are operated by a
  423  municipality or other public entity as provided by law are
  424  eligible for up to a 15-year charter, subject to approval by the
  425  district school board. A charter lab school is eligible for a
  426  charter for a term of up to 15 years. In addition, to facilitate
  427  access to long-term financial resources for charter school
  428  construction, charter schools that are operated by a private,
  429  not-for-profit, s. 501(c)(3) status corporation are eligible for
  430  up to a 15-year charter, subject to approval by the district
  431  school board. Such long-term charters remain subject to annual
  432  review and may be terminated during the term of the charter, but
  433  only according to the provisions set forth in subsection (8).
  434         13. The facilities to be used and their location. The
  435  sponsor may not require a charter school to have a certificate
  436  of occupancy or a temporary certificate of occupancy for such a
  437  facility earlier than 15 calendar days before the first day of
  438  school.
  439         14. The qualifications to be required of the teachers and
  440  the potential strategies used to recruit, hire, train, and
  441  retain qualified staff to achieve best value.
  442         15. The governance structure of the school, including the
  443  status of the charter school as a public or private employer as
  444  required in paragraph (12)(i).
  445         16. A timetable for implementing the charter which
  446  addresses the implementation of each element thereof and the
  447  date by which the charter shall be awarded in order to meet this
  448  timetable.
  449         17. In the case of an existing public school that is being
  450  converted to charter status, alternative arrangements for
  451  current students who choose not to attend the charter school and
  452  for current teachers who choose not to teach in the charter
  453  school after conversion in accordance with the existing
  454  collective bargaining agreement or district school board rule in
  455  the absence of a collective bargaining agreement. However,
  456  alternative arrangements shall not be required for current
  457  teachers who choose not to teach in a charter lab school, except
  458  as authorized by the employment policies of the state university
  459  which grants the charter to the lab school.
  460         18. Full disclosure of the identity of all relatives
  461  employed by the charter school who are related to the charter
  462  school owner, president, chairperson of the governing board of
  463  directors, superintendent, governing board member, principal,
  464  assistant principal, or any other person employed by the charter
  465  school who has equivalent decisionmaking authority. For the
  466  purpose of this subparagraph, the term “relative” means father,
  467  mother, son, daughter, brother, sister, uncle, aunt, first
  468  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  469  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  470  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  471  stepsister, half brother, or half sister.
  472         19. Implementation of the activities authorized under s.
  473  1002.331 by the charter school when it satisfies the eligibility
  474  requirements for a high-performing charter school. A high
  475  performing charter school shall notify its sponsor in writing by
  476  March 1 if it intends to increase enrollment or expand grade
  477  levels the following school year. The written notice shall
  478  specify the amount of the enrollment increase and the grade
  479  levels that will be added, as applicable.
  480         (b)The sponsor has 30 days after approval of the
  481  application to provide an initial proposed charter contract to
  482  the charter school. The applicant and the sponsor have 40 days
  483  thereafter to negotiate and notice the charter contract for
  484  final approval by the sponsor unless both parties agree to an
  485  extension. The proposed charter contract shall be provided to
  486  the charter school at least 7 calendar days before the date of
  487  the meeting at which the charter is scheduled to be voted upon
  488  by the sponsor. The Department of Education shall provide
  489  mediation services for any dispute regarding this section
  490  subsequent to the approval of a charter application and for any
  491  dispute relating to the approved charter, except a dispute
  492  regarding a charter school application denial. If the
  493  Commissioner of Education determines that the dispute cannot be
  494  settled through mediation, the dispute may be appealed to an
  495  administrative law judge appointed by the Division of
  496  Administrative Hearings. The administrative law judge has final
  497  order authority to rule on issues of equitable treatment of the
  498  charter school as a public school, whether proposed provisions
  499  of the charter violate the intended flexibility granted charter
  500  schools by statute, or any other matter regarding this section,
  501  except a dispute regarding charter school application denial, a
  502  charter termination, or a charter nonrenewal. The administrative
  503  law judge shall award the prevailing party reasonable attorney
  504  fees and costs incurred during the mediation process,
  505  administrative proceeding, and any appeals, to be paid by the
  506  party whom the administrative law judge rules against.
  507         (c)(b)1. A charter may be renewed provided that a program
  508  review demonstrates that the criteria in paragraph (a) have been
  509  successfully accomplished and that none of the grounds for
  510  nonrenewal established by paragraph (8)(a) has been documented.
  511  In order to facilitate long-term financing for charter school
  512  construction, charter schools operating for a minimum of 3 years
  513  and demonstrating exemplary academic programming and fiscal
  514  management are eligible for a 15-year charter renewal. Such
  515  long-term charter is subject to annual review and may be
  516  terminated during the term of the charter.
  517         2. The 15-year charter renewal that may be granted pursuant
  518  to subparagraph 1. shall be granted to a charter school that has
  519  received a school grade of “A” or “B” pursuant to s. 1008.34 in
  520  3 of the past 4 years and is not in a state of financial
  521  emergency or deficit position as defined by this section. Such
  522  long-term charter is subject to annual review and may be
  523  terminated during the term of the charter pursuant to subsection
  524  (8).
  525         (d)(c) A charter may be modified during its initial term or
  526  any renewal term upon the recommendation of the sponsor or the
  527  charter school’s governing board and the approval of both
  528  parties to the agreement. Modification may include, but is not
  529  limited to, consolidation of multiple charters into a single
  530  charter if the charters are operated under the same governing
  531  board and physically located on the same campus, regardless of
  532  the renewal cycle.
  533         (e)(d) A charter may be terminated by a charter school’s
  534  governing board through voluntary closure. The decision to cease
  535  operations must be determined at a public meeting. The governing
  536  board shall notify the parents and sponsor of the public meeting
  537  in writing before the public meeting. The governing board must
  538  notify the sponsor, parents of enrolled students, and the
  539  department in writing within 24 hours after the public meeting
  540  of its determination. The notice shall state the charter
  541  school’s intent to continue operations or the reason for the
  542  closure and acknowledge that the governing board agrees to
  543  follow the procedures for dissolution and reversion of public
  544  funds pursuant to paragraphs (8)(e)-(g) and (9)(o).
  545         (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.—
  546         (b) At least 90 days before prior to renewing, nonrenewing,
  547  or terminating a charter, the sponsor shall notify the governing
  548  board of the school of the proposed action in writing. The
  549  notice shall state in reasonable detail the grounds for the
  550  proposed action and stipulate that the school’s governing board
  551  may, within 14 calendar days after receiving the notice, request
  552  a hearing. The hearing shall be conducted at the sponsor’s
  553  election in accordance with one of the following procedures:
  554         1. A direct hearing conducted by the sponsor within 60 days
  555  after receipt of the request for a hearing. The hearing shall be
  556  conducted in accordance with ss. 120.569 and 120.57. The sponsor
  557  shall decide upon nonrenewal or termination by a majority vote.
  558  The sponsor’s decision shall be a final order; or
  559         2. A hearing conducted by an administrative law judge
  560  assigned by the Division of Administrative Hearings. The hearing
  561  shall be conducted within 60 days after receipt of the request
  562  for a hearing and in accordance with chapter 120. The
  563  administrative law judge’s recommended order shall be submitted
  564  to the sponsor. A majority vote by the sponsor shall be required
  565  to adopt or modify the administrative law judge’s recommended
  566  order. The sponsor shall issue a final order.
  567         (12) EMPLOYEES OF CHARTER SCHOOLS.—
  568         (h) For the purposes of tort liability, the charter school,
  569  including its governing body and employees, of a charter school
  570  shall be governed by s. 768.28.
  571         (13) CHARTER SCHOOL COOPERATIVES.—Charter schools may enter
  572  into cooperative agreements to form charter school cooperative
  573  organizations that may provide the following services to further
  574  educational, operational, and administrative initiatives in
  575  which the participating charter schools share common interests:
  576  charter school planning and development, direct instructional
  577  services, and contracts with charter school governing boards to
  578  provide personnel administrative services, payroll services,
  579  human resource management, evaluation and assessment services,
  580  teacher preparation, and professional development.
  581         (17) FUNDING.—Students enrolled in a charter school,
  582  regardless of the sponsorship, shall be funded as if they are in
  583  a basic program or a special program, the same as students
  584  enrolled in other public schools in the school district. Funding
  585  for a charter lab school shall be as provided in s. 1002.32.
  586         (b) The basis for the agreement for funding students
  587  enrolled in a charter school shall be the sum of the school
  588  district’s operating funds from the Florida Education Finance
  589  Program as provided in s. 1011.62 and the General Appropriations
  590  Act, including gross state and local funds, discretionary
  591  lottery funds, and funds from the school district’s current
  592  operating discretionary millage levy; divided by total funded
  593  weighted full-time equivalent students in the school district;
  594  multiplied by the weighted full-time equivalent students for the
  595  charter school. Charter schools whose students or programs meet
  596  the eligibility criteria in law are entitled to their
  597  proportionate share of categorical program funds included in the
  598  total funds available in the Florida Education Finance Program
  599  by the Legislature, including transportation, the research-based
  600  reading allocation, and the Florida digital classrooms
  601  allocation. Total funding for each charter school shall be
  602  recalculated during the year to reflect the revised calculations
  603  under the Florida Education Finance Program by the state and the
  604  actual weighted full-time equivalent students reported by the
  605  charter school during the full-time equivalent student survey
  606  periods designated by the Commissioner of Education. For charter
  607  schools operated by a not-for-profit or municipal entity, any
  608  unrestricted surplus or unrestricted net assets identified in
  609  the charter school’s annual audit may be used for K-12
  610  educational purposes for other charter schools in the state
  611  operated by the not-for-profit or municipal entity. Surplus
  612  operating funds shall be used in accordance with s. 1011.62, and
  613  surplus capital outlay funds shall be used in accordance with s.
  614  1013.62(2).
  615         (c) If the district school board is providing programs or
  616  services to students funded by federal funds, any eligible
  617  students enrolled in charter schools in the school district
  618  shall be provided federal funds for the same level of service
  619  provided students in the schools operated by the district school
  620  board. Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all
  621  charter schools shall receive all federal funding for which the
  622  school is otherwise eligible, including Title I funding, not
  623  later than 5 months after the charter school first opens and
  624  within 5 months after any subsequent expansion of enrollment.
  625  Unless otherwise mutually agreed to by the charter school and
  626  its sponsor, and consistent with state and federal rules and
  627  regulations governing the use and disbursement of federal funds,
  628  the sponsor shall reimburse the charter school on a monthly
  629  basis for all invoices submitted by the charter school for
  630  federal funds available to the sponsor for the benefit of the
  631  charter school, the charter school’s students, and the charter
  632  school’s students as public school students in the school
  633  district. Such federal funds include, but are not limited to,
  634  Title I, Title II, and Individuals with Disabilities Education
  635  Act (IDEA) funds. To receive timely reimbursement for an
  636  invoice, the charter school must submit the invoice to the
  637  sponsor at least 30 days before the monthly date of
  638  reimbursement set by the sponsor. In order to be reimbursed, any
  639  expenditures made by the charter school must comply with all
  640  applicable state rules and federal regulations, including, but
  641  not limited to, the applicable federal Office of Management and
  642  Budget Circulars; the federal Education Department General
  643  Administrative Regulations; and program-specific statutes,
  644  rules, and regulations. Such funds may not be made available to
  645  the charter school until a plan is submitted to the sponsor for
  646  approval of the use of the funds in accordance with applicable
  647  federal requirements. The sponsor has 30 days to review and
  648  approve any plan submitted pursuant to this paragraph.
  649         (18) FACILITIES.—
  650         (c) Any facility, or portion thereof, used to house a
  651  charter school whose charter has been approved by the sponsor
  652  and the governing board, pursuant to subsection (7), shall be
  653  exempt from ad valorem taxes pursuant to s. 196.1983. Library,
  654  community service, museum, performing arts, theatre, cinema,
  655  church, Florida College System institution, college, and
  656  university facilities may provide space to charter schools
  657  within their facilities under their preexisting zoning and land
  658  use designations without obtaining a special exception,
  659  rezoning, a land use charter, or any other form of approval.
  660         (20) SERVICES.—
  661         (a)1. A sponsor shall provide certain administrative and
  662  educational services to charter schools. These services shall
  663  include contract management services; full-time equivalent and
  664  data reporting services; exceptional student education
  665  administration services; services related to eligibility and
  666  reporting duties required to ensure that school lunch services
  667  under the federal lunch program, consistent with the needs of
  668  the charter school, are provided by the school district at the
  669  request of the charter school, that any funds due to the charter
  670  school under the federal lunch program be paid to the charter
  671  school as soon as the charter school begins serving food under
  672  the federal lunch program, and that the charter school is paid
  673  at the same time and in the same manner under the federal lunch
  674  program as other public schools serviced by the sponsor or the
  675  school district; test administration services, including payment
  676  of the costs of state-required or district-required student
  677  assessments; processing of teacher certificate data services;
  678  and information services, including equal access to student
  679  information systems that are used by public schools in the
  680  district in which the charter school is located. Student
  681  performance data for each student in a charter school,
  682  including, but not limited to, FCAT scores, standardized test
  683  scores, previous public school student report cards, and student
  684  performance measures, shall be provided by the sponsor to a
  685  charter school in the same manner provided to other public
  686  schools in the district.
  687         2. A sponsor may withhold an administrative fee for the
  688  provision of such services which shall be a percentage of the
  689  available funds defined in paragraph (17)(b) calculated based on
  690  weighted full-time equivalent students. If the charter school
  691  serves 75 percent or more exceptional education students as
  692  defined in s. 1003.01(3), the percentage shall be calculated
  693  based on unweighted full-time equivalent students. The
  694  administrative fee shall be calculated as follows:
  695         a.Up to 5 percent for:
  696         (I)Enrollment of up to and including 250 students in a
  697  charter school as defined in this section.
  698         (II)Enrollment of up to and including 500 students within
  699  a charter school system which meets all of the following:
  700         (A)Includes conversion charter schools and nonconversion
  701  charter schools.
  702         (B)Has all of its schools located in the same county.
  703         (C)Has a total enrollment exceeding the total enrollment
  704  of at least one school district in the state.
  705         (D)Has the same governing board for all of its schools.
  706         (E)Does not contract with a for-profit service provider
  707  for management of school operations.
  708         (III)Enrollment of up to and including 250 students in a
  709  virtual charter school.
  710         b.Up to 2 percent for enrollment of up to and including
  711  250 students in a high-performing charter school as defined in
  712  s. 1002.331.
  713         3.A sponsor may not charge charter schools any additional
  714  fees or surcharges for administrative and educational services
  715  in addition to the maximum percentage of administrative fees
  716  withheld pursuant to this paragraph A total administrative fee
  717  for the provision of such services shall be calculated based
  718  upon up to 5 percent of the available funds defined in paragraph
  719  (17)(b) for all students, except that when 75 percent or more of
  720  the students enrolled in the charter school are exceptional
  721  students as defined in s. 1003.01(3), the 5 percent of those
  722  available funds shall be calculated based on unweighted full
  723  time equivalent students. However, a sponsor may only withhold
  724  up to a 5-percent administrative fee for enrollment for up to
  725  and including 250 students. For charter schools with a
  726  population of 251 or more students, the difference between the
  727  total administrative fee calculation and the amount of the
  728  administrative fee withheld may only be used for capital outlay
  729  purposes specified in s. 1013.62(3).
  730         3.For high-performing charter schools, as defined in s.
  731  1002.331, a sponsor may withhold a total administrative fee of
  732  up to 2 percent for enrollment up to and including 250 students
  733  per school.
  734         4.In addition, a sponsor may withhold only up to a 5
  735  percent administrative fee for enrollment for up to and
  736  including 500 students within a system of charter schools which
  737  meets all of the following:
  738         a.Includes both conversion charter schools and
  739  nonconversion charter schools;
  740         b.Has all schools located in the same county;
  741         c.Has a total enrollment exceeding the total enrollment of
  742  at least one school district in the state;
  743         d.Has the same governing board; and
  744         e.Does not contract with a for-profit service provider for
  745  management of school operations.
  746         5.The difference between the total administrative fee
  747  calculation and the amount of the administrative fee withheld
  748  pursuant to subparagraph 4. may be used for instructional and
  749  administrative purposes as well as for capital outlay purposes
  750  specified in s. 1013.62(3).
  751         6.For a high-performing charter school system that also
  752  meets the requirements in subparagraph 4., a sponsor may
  753  withhold a 2-percent administrative fee for enrollments up to
  754  and including 500 students per system.
  755         7.Sponsors shall not charge charter schools any additional
  756  fees or surcharges for administrative and educational services
  757  in addition to the maximum 5-percent administrative fee withheld
  758  pursuant to this paragraph.
  759         8.The sponsor of a virtual charter school may withhold a
  760  fee of up to 5 percent. The funds shall be used to cover the
  761  cost of services provided under subparagraph 1. and
  762  implementation of the school district’s digital classrooms plan
  763  pursuant to s. 1011.62.
  764         (b) If goods and services are made available to the charter
  765  school through the contract with the school district, they shall
  766  be provided to the charter school at a rate no greater than the
  767  district’s actual cost unless mutually agreed upon by the
  768  charter school and the sponsor in a contract negotiated
  769  separately from the charter. When mediation has failed to
  770  resolve disputes over contracted services or contractual matters
  771  not included in the charter, an appeal may be made for a dispute
  772  resolution hearing before the Charter School Appeal Commission.
  773  To maximize the use of state funds, school districts shall allow
  774  charter schools to participate in the sponsor’s bulk purchasing
  775  program if applicable.
  776         (c) Transportation of charter school students shall be
  777  provided by the charter school consistent with the requirements
  778  of subpart I.E. of chapter 1006 and s. 1012.45. The governing
  779  body of the charter school may provide transportation through an
  780  agreement or contract with the district school board, a private
  781  provider, or parents. The charter school and the sponsor shall
  782  cooperate in making arrangements that ensure that transportation
  783  is not a barrier to equal access for all students residing
  784  within a reasonable distance of the charter school as determined
  785  in its charter.
  786         (d)Each charter school shall annually complete and submit
  787  a survey, provided in a format specified by the Department of
  788  Education, to rate the timeliness and quality of services
  789  provided by the district in accordance with this section. The
  790  department shall compile the results, by district, and include
  791  the results in the report required under sub-sub-subparagraph
  792  (5)(b)1.k.(III).
  793         (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.—
  794         (a) The Department of Education shall provide information
  795  to the public, directly and through sponsors, on how to form and
  796  operate a charter school and how to enroll in a charter school
  797  once it is created. This information shall include the standard
  798  a model application form, standard charter contract, standard
  799  evaluation instrument, and standard charter renewal contract,
  800  which shall include the information specified in subsection (7)
  801  and shall be developed by consulting and negotiating with both
  802  school districts and charter schools before implementation. The
  803  charter and charter renewal contracts shall be used by charter
  804  school sponsors.
  805         (b)1. The Department of Education shall report to each
  806  charter school receiving a school grade pursuant to s. 1008.34
  807  or a school improvement rating pursuant to s. 1008.341 the
  808  school’s student assessment data.
  809         2. The charter school shall report the information in
  810  subparagraph 1. to each parent of a student at the charter
  811  school, the parent of a child on a waiting list for the charter
  812  school, the district in which the charter school is located, and
  813  the governing board of the charter school. This paragraph does
  814  not abrogate the provisions of s. 1002.22, relating to student
  815  records, or the requirements of 20 U.S.C. s. 1232g, the Family
  816  Educational Rights and Privacy Act.
  817         3.a.Pursuant to this paragraph, the Department of
  818  Education shall compare the charter school student performance
  819  data for each charter school in subparagraph 1. with the student
  820  performance data in traditional public schools in the district
  821  in which the charter school is located and other charter schools
  822  in the state. For alternative charter schools, the department
  823  shall compare the student performance data described in this
  824  paragraph with all alternative schools in the state. The
  825  comparative data shall be provided by the following grade
  826  groupings:
  827         (I)Grades 3 through 5;
  828         (II)Grades 6 through 8; and
  829         (III)Grades 9 through 11.
  830         b.Each charter school shall provide the information
  831  specified in this paragraph on its Internet website and also
  832  provide notice to the public at large in a manner provided by
  833  the rules of the State Board of Education. The State Board of
  834  Education shall adopt rules to administer the notice
  835  requirements of this subparagraph pursuant to ss. 120.536(1) and
  836  120.54. The website shall include, through links or actual
  837  content, other information related to school performance.
  838         (25) LOCAL EDUCATIONAL AGENCY STATUS FOR CERTAIN CHARTER
  839  SCHOOL SYSTEMS.—A charter school system’s governing board shall
  840  be designated a local educational agency for the purpose of
  841  receiving federal funds, the same as though the charter school
  842  system were a school district, if the governing board of the
  843  charter school system has adopted and filed a resolution with
  844  its sponsoring district school board and the Department of
  845  Education in which the governing board of the charter school
  846  system accepts the full responsibility for all local education
  847  agency requirements and the charter school system meets all of
  848  the following:
  849         (a)Includes both conversion charter schools and
  850  nonconversion charter schools;
  851         (a)(b) Has all schools located in the same county;
  852         (b)(c) Has a total enrollment exceeding the total
  853  enrollment of at least one school district in the state; and
  854         (c)(d) Has the same governing board; and
  855         (e)Does not contract with a for-profit service provider
  856  for management of school operations.
  857  
  858  Such designation does not apply to other provisions unless
  859  specifically provided in law.
  860         (28) RULEMAKING.—The Department of Education, after
  861  consultation with school districts and charter school directors,
  862  shall recommend that the State Board of Education adopt rules to
  863  implement specific subsections of this section. Such rules shall
  864  require minimum paperwork and shall not limit charter school
  865  flexibility authorized by statute. The State Board of Education
  866  shall adopt rules, pursuant to ss. 120.536(1) and 120.54, to
  867  implement a standard charter model application form, standard
  868  application form for the replication of charter schools in a
  869  high-performing charter school system, standard evaluation
  870  instrument, and standard charter and charter renewal contracts
  871  in accordance with this section.
  872         Section 2. Paragraph (b) of subsection (2) of section
  873  1002.3305, Florida Statutes, is amended to read:
  874         1002.3305 College-preparatory Boarding Academy Pilot
  875  Program for at-risk students.—
  876         (2) DEFINITIONS.—As used in this section, the term:
  877         (b) “Eligible student” means a student who is a resident of
  878  the state and entitled to attend school in a participating
  879  school district, is at risk of academic failure, is currently
  880  enrolled in grades 5-12, if it is determined by the operator
  881  that a seat is available grade 5 or 6, is from a family whose
  882  gross income is at or below 200 percent of the federal poverty
  883  guidelines, is eligible for benefits or services funded by
  884  Temporary Assistance for Needy Families (TANF) or Title IV-E of
  885  the Social Security Act, and meets at least one of the following
  886  additional risk factors:
  887         1. The child is in foster care or has been declared an
  888  adjudicated dependent by a court.
  889         2. The student’s head of household is not the student’s
  890  custodial parent.
  891         3. The student resides in a household that receives a
  892  housing voucher or has been determined eligible for public
  893  housing assistance.
  894         4. A member of the student’s immediate family has been
  895  incarcerated.
  896         5. The child is covered under the terms of the state’s
  897  Child Welfare Waiver Demonstration project with the United
  898  States Department of Health and Human Services.
  899         Section 3. Subsection (3) of section 1002.331, Florida
  900  Statutes, is amended to read:
  901         1002.331 High-performing charter schools.—
  902         (3)(a)1. A high-performing charter school may submit an
  903  application pursuant to s. 1002.33(6) in any school district in
  904  the state to establish and operate a new charter school that
  905  will substantially replicate its educational program. An
  906  application submitted by a high-performing charter school must
  907  state that the application is being submitted pursuant to this
  908  paragraph and must include the verification letter provided by
  909  the Commissioner of Education pursuant to subsection (4).
  910         2. If the sponsor fails to act on the application within 90
  911  60 days after receipt, the application is deemed approved and
  912  the procedure in s. 1002.33(7) 1002.33(6)(h) applies. If the
  913  sponsor denies the application, the high-performing charter
  914  school may appeal pursuant to s. 1002.33(6).
  915         (b) A high-performing charter school may not establish more
  916  than one charter school within the state under paragraph (a) in
  917  any year. A subsequent application to establish a charter school
  918  under paragraph (a) may not be submitted unless each charter
  919  school established in this manner achieves high-performing
  920  charter school status. However, a high-performing charter school
  921  may establish more than one charter school within the state
  922  under paragraph (a) in any year if it operates in the area of a
  923  persistently low-performing school and serves students from that
  924  school.
  925         Section 4. Paragraph (b) of subsection (2) of section
  926  1002.332, Florida Statutes is amended, and paragraph (c) is
  927  added to that subsection, to read:
  928         1002.332 High-performing charter school system.—
  929         (2)(b) A high-performing charter school system may
  930  replicate its high-performing charter schools in any school
  931  district in the state. The applicant must submit an application
  932  using the standard application form prepared by the Department
  933  of Education which:
  934         1.Contains goals and objectives for improving student
  935  learning and a process for measuring student improvement. These
  936  goals and objectives must indicate how much academic improvement
  937  students are expected to demonstrate each year, how success will
  938  be evaluated, and the specific results to be attained through
  939  instruction.
  940         2.Contains an annual financial plan for each year
  941  requested by the charter for operation of the school for up to 5
  942  years. This plan must contain anticipated fund balances based on
  943  revenue projections, a spending plan based on projected revenue
  944  and expenses, and a description of controls that will safeguard
  945  finances and projected enrollment trends.
  946  3.Discloses the name of each applicant, governing board
  947  member, and all proposed education services providers; the name
  948  and sponsor of any charter school operated by each applicant,
  949  each governing board member, and each proposed education
  950  services provider that has closed and the reasons for the
  951  closure; and the academic and financial history of such charter
  952  schools, which the sponsor shall consider when deciding whether
  953  to approve or deny the application.
  954         (c)An application submitted by a high-performing charter
  955  school system must state that the application is being submitted
  956  pursuant to this section and must include the verification
  957  letter provided by the Commissioner of Education pursuant to
  958  this subsection. If the sponsor fails to act on the application
  959  within 90 days after receipt, the application is deemed approved
  960  and the procedure in s. 1002.33(7) applies pursuant to s.
  961  1002.331(3).
  962         Section 5. Paragraph (d) of subsection (3) of section
  963  1008.34, Florida Statutes, is amended to read:
  964         1008.34 School grading system; school report cards;
  965  district grade.—
  966         (3) DESIGNATION OF SCHOOL GRADES.—
  967         (d) The performance of students attending alternative
  968  schools and students designated as hospital or homebound shall
  969  be factored into a school grade as follows:
  970         1. The student performance data for eligible students
  971  attending alternative schools, including charter alternative
  972  schools, that provide dropout prevention and academic
  973  intervention services pursuant to s. 1003.53 shall be included
  974  in the calculation of the home school’s grade. The term
  975  “eligible students” in this subparagraph does not include
  976  students attending an alternative school who are subject to
  977  district school board policies for expulsion for repeated or
  978  serious offenses, who are in dropout retrieval programs serving
  979  students who have officially been designated as dropouts, or who
  980  are in programs operated or contracted by the Department of
  981  Juvenile Justice. As used in this subparagraph, the term “home
  982  school” means the school to which the student would be assigned
  983  if the student were not assigned to an alternative school. If an
  984  alternative school chooses to be graded under this section,
  985  student performance data for eligible students identified in
  986  this subparagraph shall not be included in the home school’s
  987  grade but shall be included only in the calculation of the
  988  alternative school’s grade. A school district that fails to
  989  assign statewide, standardized end-of-course assessment scores
  990  of each of its students to his or her home school or to the
  991  alternative school that receives a grade shall forfeit Florida
  992  School Recognition Program funds for one fiscal year. School
  993  districts must require collaboration between the home school and
  994  the alternative school in order to promote student success. This
  995  collaboration must include an annual discussion between the
  996  principal of the alternative school and the principal of each
  997  student’s home school concerning the most appropriate school
  998  assignment of the student.
  999         2. Student performance data for students designated as
 1000  hospital or homebound shall be assigned to their home school for
 1001  the purposes of school grades. As used in this subparagraph, the
 1002  term “home school” means the school to which a student would be
 1003  assigned if the student were not assigned to a hospital or
 1004  homebound program.
 1005         3.Student performance data for a high school student who
 1006  transfers to a private school that has a contractual
 1007  relationship with the school district shall be assigned to the
 1008  school in which the student was last enrolled.
 1009         Section 6. Subsection (3) of section 1008.341, Florida
 1010  Statutes, is amended to read:
 1011         1008.341 School improvement rating for alternative
 1012  schools.—
 1013         (3) DESIGNATION OF SCHOOL IMPROVEMENT RATING.—Student
 1014  Learning Gains based on statewide, standardized assessments,
 1015  including retakes, administered under s. 1008.22 for all
 1016  eligible students who were assigned to and enrolled in the
 1017  school during the October or February FTE count and who have
 1018  assessment scores, concordant scores, or comparable scores for
 1019  the preceding school year shall be used in determining an
 1020  alternative school’s school improvement rating. An alternative
 1021  school’s rating shall be based on the following components:
 1022         (a) The percentage of eligible students who make Learning
 1023  Gains in English Language Arts as measured by statewide,
 1024  standardized assessments under s. 1008.22(3).
 1025         (b) The percentage of eligible students who make Learning
 1026  Gains in mathematics as measured by statewide, standardized
 1027  assessments under s. 1008.22(3).
 1028  
 1029  Student performance results of students who are subject to
 1030  district school board policies for expulsion for repeated or
 1031  serious offenses, who are in dropout retrieval programs serving
 1032  students who have officially been designated as dropouts, or who
 1033  are in programs operated or contracted by the Department of
 1034  Juvenile Justice may not be included in an alternative school’s
 1035  school improvement rating.
 1036         Section 7. Paragraph (i) of subsection (1) of section
 1037  1011.62, Florida Statutes, is amended to read:
 1038         1011.62 Funds for operation of schools.—If the annual
 1039  allocation from the Florida Education Finance Program to each
 1040  district for operation of schools is not determined in the
 1041  annual appropriations act or the substantive bill implementing
 1042  the annual appropriations act, it shall be determined as
 1043  follows:
 1044         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
 1045  OPERATION.—The following procedure shall be followed in
 1046  determining the annual allocation to each district for
 1047  operation:
 1048         (i) Calculation of full-time equivalent membership with
 1049  respect to dual enrollment instruction.—Students enrolled in
 1050  dual enrollment instruction pursuant to s. 1007.271 may be
 1051  included in calculations of full-time equivalent student
 1052  memberships for basic programs for grades 9 through 12 by a
 1053  district school board. Instructional time for dual enrollment
 1054  may vary from 900 hours; however, the full-time equivalent
 1055  student membership value shall be subject to the provisions in
 1056  s. 1011.61(4). Dual enrollment full-time equivalent student
 1057  membership shall be calculated in an amount equal to the hours
 1058  of instruction that would be necessary to earn the full-time
 1059  equivalent student membership for an equivalent course if it
 1060  were taught in the school district. Students in dual enrollment
 1061  courses may also be calculated as the proportional shares of
 1062  full-time equivalent enrollments they generate for a Florida
 1063  College System institution or university conducting the dual
 1064  enrollment instruction. Early admission students shall be
 1065  considered dual enrollments for funding purposes. Students may
 1066  be enrolled in dual enrollment instruction provided by an
 1067  eligible independent college or university and may be included
 1068  in calculations of full-time equivalent student memberships for
 1069  basic programs for grades 9 through 12 by a district school
 1070  board. However, those provisions of law which exempt dual
 1071  enrolled and early admission students from payment of
 1072  instructional materials and tuition and fees, including
 1073  laboratory fees, shall not apply to students who select the
 1074  option of enrolling in an eligible independent institution. An
 1075  independent college or university, which is located and
 1076  chartered in Florida, is not for profit, is accredited by a
 1077  regional or national accrediting agency recognized by the United
 1078  States Department of Education the Commission on Colleges of the
 1079  Southern Association of Colleges and Schools or the Accrediting
 1080  Council for Independent Colleges and Schools, and confers
 1081  degrees as defined in s. 1005.02 shall be eligible for inclusion
 1082  in the dual enrollment or early admission program. Students
 1083  enrolled in dual enrollment instruction shall be exempt from the
 1084  payment of tuition and fees, including laboratory fees. No
 1085  student enrolled in college credit mathematics or English dual
 1086  enrollment instruction shall be funded as a dual enrollment
 1087  unless the student has successfully completed the relevant
 1088  section of the entry-level examination required pursuant to s.
 1089  1008.30.
 1090         Section 8. Subsection (2) of section 1011.71, Florida
 1091  Statutes, is amended, and subsection (10) is added to that
 1092  section, to read:
 1093         1011.71 District school tax.—
 1094         (2) In addition to the maximum millage levy as provided in
 1095  subsection (1), each school board may levy not more than 1.5
 1096  mills against the taxable value for school purposes for district
 1097  schools and charter schools-in-a-municipality, including charter
 1098  schools at the discretion of the school board, to fund:
 1099         (a) New construction and remodeling projects, as set forth
 1100  in s. 1013.64(3)(b) and (6)(b) and included in the district’s
 1101  educational plant survey pursuant to s. 1013.31, without regard
 1102  to prioritization, sites and site improvement or expansion to
 1103  new sites, existing sites, auxiliary facilities, athletic
 1104  facilities, or ancillary facilities.
 1105         (b) Maintenance, renovation, and repair of existing school
 1106  plants or of leased facilities to correct deficiencies pursuant
 1107  to s. 1013.15(2).
 1108         (c) The purchase, lease-purchase, or lease of school buses.
 1109         (d) The purchase, lease-purchase, or lease of new and
 1110  replacement equipment; computer hardware, including electronic
 1111  hardware and other hardware devices necessary for gaining access
 1112  to or enhancing the use of electronic content and resources or
 1113  to facilitate the access to and the use of a school district’s
 1114  digital classrooms plan pursuant to s. 1011.62, excluding
 1115  software other than the operating system necessary to operate
 1116  the hardware or device; and enterprise resource software
 1117  applications that are classified as capital assets in accordance
 1118  with definitions of the Governmental Accounting Standards Board,
 1119  have a useful life of at least 5 years, and are used to support
 1120  districtwide administration or state-mandated reporting
 1121  requirements.
 1122         (e) Payments for educational facilities and sites due under
 1123  a lease-purchase agreement entered into by a district school
 1124  board pursuant to s. 1003.02(1)(f) or s. 1013.15(2), not
 1125  exceeding, in the aggregate, an amount equal to three-fourths of
 1126  the proceeds from the millage levied by a district school board
 1127  pursuant to this subsection. The three-fourths limit is waived
 1128  for lease-purchase agreements entered into before June 30, 2009,
 1129  by a district school board pursuant to this paragraph.
 1130         (f) Payment of loans approved pursuant to ss. 1011.14 and
 1131  1011.15.
 1132         (g) Payment of costs directly related to complying with
 1133  state and federal environmental statutes, rules, and regulations
 1134  governing school facilities.
 1135         (h) Payment of costs of leasing relocatable educational
 1136  facilities, of renting or leasing educational facilities and
 1137  sites pursuant to s. 1013.15(2), or of renting or leasing
 1138  buildings or space within existing buildings pursuant to s.
 1139  1013.15(4).
 1140         (i) Payment of the cost of school buses when a school
 1141  district contracts with a private entity to provide student
 1142  transportation services if the district meets the requirements
 1143  of this paragraph.
 1144         1. The district’s contract must require that the private
 1145  entity purchase, lease-purchase, or lease, and operate and
 1146  maintain, one or more school buses of a specific type and size
 1147  that meet the requirements of s. 1006.25.
 1148         2. Each such school bus must be used for the daily
 1149  transportation of public school students in the manner required
 1150  by the school district.
 1151         3. Annual payment for each such school bus may not exceed
 1152  10 percent of the purchase price of the state pool bid.
 1153         4. The proposed expenditure of the funds for this purpose
 1154  must have been included in the district school board’s notice of
 1155  proposed tax for school capital outlay as provided in s.
 1156  200.065(10).
 1157         (j) Payment of the cost of the opening day collection for
 1158  the library media center of a new school.
 1159         (10)A school board that levies the discretionary millage
 1160  authorized in subsection (2) shall use the following methodology
 1161  to determine the amount of revenue that must be shared with a
 1162  charter school-in-a-municipality:
 1163         (a)Reduce the total discretionary millage revenue by the
 1164  school district’s annual debt service obligation incurred as of
 1165  March 1, 2017.
 1166         (b)Divide the sum of the school district’s adjusted
 1167  discretionary millage revenue by the school district’s total
 1168  capital outlay full-time equivalent membership and the total
 1169  number of unweighted full-time equivalent students of each
 1170  eligible charter school-in-a-municipality to determine a capital
 1171  outlay allocation per full-time equivalent student.
 1172         (c)Multiply the capital outlay allocation per full-time
 1173  equivalent student by the total number of full-time equivalent
 1174  students of each eligible charter school-in-a-municipality to
 1175  determine the capital outlay allocation for each charter school
 1176  in-a-municipality.
 1177         (d)If applicable, adjust the capital outlay allocation
 1178  identified in paragraph (c) by the total amount of state funds
 1179  allocated to each eligible charter school-in-a-municipality in
 1180  s. 1013.62(2) to determine the maximum calculated capital outlay
 1181  allocation.
 1182  
 1183  The school district shall distribute capital outlay funds to
 1184  charter schools-in-a-municipality no later than February 1 of
 1185  each year, beginning on February 1, 2018, for the 2017-2018
 1186  fiscal year.
 1187         Section 9. Paragraph (a) of subsection (1) of section
 1188  1013.62, Florida Statutes, is amended to read:
 1189         1013.62 Charter schools capital outlay funding.—
 1190         (1) In each year in which funds are appropriated for
 1191  charter school capital outlay purposes, the Commissioner of
 1192  Education shall allocate the funds among eligible charter
 1193  schools as specified in this section.
 1194         (a) To be eligible for a funding allocation, a charter
 1195  school must:
 1196         1.a. Have been in operation for 2 or more years;
 1197         b. Be governed by a governing board established in the
 1198  state for 3 or more years which operates both charter schools
 1199  and conversion charter schools within the state;
 1200         c. Be an expanded feeder chain of a charter school within
 1201  the same school district that is currently receiving charter
 1202  school capital outlay funds;
 1203         d. Have been accredited by the Commission on Schools of the
 1204  Southern Association of Colleges and Schools; or
 1205         e. Serve students in facilities that are provided by a
 1206  business partner for a charter school-in-the-workplace pursuant
 1207  to s. 1002.33(15)(b).
 1208         2. Have an annual audit that does not reveal any of the
 1209  financial emergency conditions provided in s. 218.503(1) for the
 1210  most recent fiscal year for which such audit results are
 1211  available.
 1212         3.Have satisfactory student achievement based on state
 1213  accountability standards applicable to the charter school.
 1214         3.4. Have received final approval from its sponsor pursuant
 1215  to s. 1002.33 for operation during that fiscal year.
 1216         4.5. Serve students in facilities that are not provided by
 1217  the charter school’s sponsor.
 1218         Section 10. This act shall take effect July 1, 2017.
 1219  
 1220  ================= T I T L E  A M E N D M E N T ================
 1221  And the title is amended as follows:
 1222         Delete everything before the enacting clause
 1223  and insert:
 1224                        A bill to be entitled                      
 1225         An act relating to K-12 education; amending s.
 1226         1002.33, F.S.; revising the charter school application
 1227         process; revising the appeals process for a denied
 1228         charter school application; requiring the use of the
 1229         standard contract by specified entities; revising
 1230         eligibility requirements for charter school students
 1231         enrolled in blended learning courses; clarifying
 1232         provisions relating to charter schools and tort
 1233         liability; revising the purpose of charter school
 1234         cooperatives; authorizing the use of unrestricted net
 1235         assets and unrestricted surplus for specified charter
 1236         schools; requiring such funds to be used in accordance
 1237         with specified provisions; revising the public
 1238         information disclosures of charter schools;
 1239         authorizing certain entities to share facilities with
 1240         charter schools without additional approval; revising
 1241         the administrative fees that a district may withhold
 1242         from charter schools; requiring charter schools to
 1243         complete and submit an annual survey; deleting a
 1244         requirement that the Department of Education compare
 1245         certain data; revising eligibility criteria for
 1246         designated local educational agency status; amending
 1247         1002.3305, F.S.; revising the definition for the term
 1248         “eligible student” for purposes of the College
 1249         preparatory Boarding Academy Pilot Program; amending
 1250         s. 1002.331, F.S.; conforming provisions to changes
 1251         made by the act; authorizing a high-performing charter
 1252         school to establish more than one charter school in
 1253         any year under certain circumstances; amending s.
 1254         1002.332, F.S.; authorizing a high-performing charter
 1255         school system to replicate its schools in any school
 1256         district and providing application requirements
 1257         therefor; amending s. 1008.34, F.S.; revising the
 1258         student performance data to be included in school
 1259         grades; amending s. 1008.341, F.S.; including
 1260         concordant scores in the calculation of an alternative
 1261         school’s school improvement rating; amending s.
 1262         1011.62, F.S.; revising eligibility criteria for
 1263         postsecondary institutions to participate in the dual
 1264         enrollment and early admission programs; amending s.
 1265         1011.71, F.S.; requiring district schools to share
 1266         discretionary millage with charter schools-in-a
 1267         municipality and providing a distribution methodology
 1268         therefor; amending s. 1013.62, F.S.; revising
 1269         eligibility criteria for charter schools to receive
 1270         charter school capital outlay funding; providing an
 1271         effective date.