Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1362
       
       
       
       
       
       
                                Ì890458HÎ890458                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  05/01/2017           .                                
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       The Committee on Appropriations (Stargel) 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 (a) of subsection (10), paragraph (h)
    8  of subsection (12), subsection (13), paragraphs (b) and (c) of
    9  subsection (17), paragraph (c) of subsection (18), subsection
   10  (20), paragraphs (a) and (b) of subsection (21), and subsections
   11  (25) and (28) of section 1002.33, Florida Statutes, are amended
   12  to read:
   13         1002.33 Charter schools.—
   14         (1) AUTHORIZATION.—Charter schools shall be part of the
   15  state’s program of public education. All charter schools in
   16  Florida are public schools and shall be part of the state’s
   17  program of public education. A charter school may be formed by
   18  creating a new school or converting an existing public school to
   19  charter status. A charter school may operate a virtual charter
   20  school pursuant to s. 1002.45(1)(d) to provide full-time online
   21  instruction to eligible students, pursuant to s. 1002.455, in
   22  kindergarten through grade 12. An existing charter school that
   23  is seeking to become a virtual charter school must amend its
   24  charter or submit a new application pursuant to subsection (6)
   25  to become a virtual charter school. A virtual charter school is
   26  subject to the requirements of this section; however, a virtual
   27  charter school is exempt from subsections (18) and (19),
   28  subparagraphs (20)(a)2., 4., 5., and 7., paragraph (20)(c), and
   29  s. 1003.03. A public school may not use the term charter in its
   30  name unless it has been approved under this section.
   31         (6) APPLICATION PROCESS AND REVIEW.—Charter school
   32  applications are subject to the following requirements:
   33         (a) A person or entity seeking to open a charter school
   34  shall prepare and submit an application on the standard a model
   35  application form prepared by the Department of Education which:
   36         1. Demonstrates how the school will use the guiding
   37  principles and meet the statutorily defined purpose of a charter
   38  school.
   39         2. Provides a detailed curriculum plan that illustrates how
   40  students will be provided services to attain the Sunshine State
   41  Standards.
   42         3. Contains goals and objectives for improving student
   43  learning and measuring that improvement. These goals and
   44  objectives must indicate how much academic improvement students
   45  are expected to show each year, how success will be evaluated,
   46  and the specific results to be attained through instruction.
   47         4. Describes the reading curriculum and differentiated
   48  strategies that will be used for students reading at grade level
   49  or higher and a separate curriculum and strategies for students
   50  who are reading below grade level. A sponsor shall deny an
   51  application if the school does not propose a reading curriculum
   52  that is consistent with effective teaching strategies that are
   53  grounded in scientifically based reading research.
   54         5. Contains an annual financial plan for each year
   55  requested by the charter for operation of the school for up to 5
   56  years. This plan must contain anticipated fund balances based on
   57  revenue projections, a spending plan based on projected revenues
   58  and expenses, and a description of controls that will safeguard
   59  finances and projected enrollment trends.
   60         6. Discloses the name of each applicant, governing board
   61  member, and all proposed education services providers; the name
   62  and sponsor of any charter school operated by each applicant,
   63  each governing board member, and each proposed education
   64  services provider that has closed and the reasons for the
   65  closure; and the academic and financial history of such charter
   66  schools, which the sponsor shall consider in deciding whether to
   67  approve or deny the application.
   68         7. Contains additional information a sponsor may require,
   69  which shall be attached as an addendum to the charter school
   70  application described in this paragraph.
   71         8. For the establishment of a virtual charter school,
   72  documents that the applicant has contracted with a provider of
   73  virtual instruction services pursuant to s. 1002.45(1)(d).
   74         (b) A sponsor shall receive and review all applications for
   75  a charter school using the evaluation instrument developed by
   76  the Department of Education. A sponsor shall receive and
   77  consider charter school applications received on or before
   78  August 1 of each calendar year for charter schools to be opened
   79  at the beginning of the school district’s next school year, or
   80  to be opened at a time agreed to by the applicant and the
   81  sponsor. A sponsor may not refuse to receive a charter school
   82  application submitted before August 1 and may receive an
   83  application submitted later than August 1 if it chooses.
   84  Beginning in 2018 and thereafter, a sponsor shall receive and
   85  consider charter school applications received on or before
   86  February 1 of each calendar year for charter schools to be
   87  opened 18 months later at the beginning of the school district’s
   88  school year, or to be opened at a time agreed to by the
   89  applicant and the sponsor. A sponsor may not refuse to receive a
   90  charter school application submitted before February 1 and may
   91  receive an application submitted later than February 1 if it
   92  chooses. In order to facilitate greater collaboration in the
   93  application process, an applicant may submit a draft charter
   94  school application on or before May 1 with an application fee of
   95  $500. If a draft application is timely submitted, the sponsor
   96  shall review and provide feedback as to material deficiencies in
   97  the application by July 1. The applicant shall then have until
   98  August 1 to resubmit a revised and final application. The
   99  sponsor may approve the draft application. Except as provided
  100  for a draft application, A sponsor may not charge an applicant
  101  for a charter any fee for the processing or consideration of an
  102  application, and a sponsor may not base its consideration or
  103  approval of a final application upon the promise of future
  104  payment of any kind. Before approving or denying any final
  105  application, the sponsor shall allow the applicant, upon receipt
  106  of written notification, at least 7 calendar days to make
  107  technical or nonsubstantive corrections and clarifications,
  108  including, but not limited to, corrections of grammatical,
  109  typographical, and like errors or missing signatures, if such
  110  errors are identified by the sponsor as cause to deny the final
  111  application.
  112         1. In order to facilitate an accurate budget projection
  113  process, a sponsor shall be held harmless for FTE students who
  114  are not included in the FTE projection due to approval of
  115  charter school applications after the FTE projection deadline.
  116  In a further effort to facilitate an accurate budget projection,
  117  within 15 calendar days after receipt of a charter school
  118  application, a sponsor shall report to the Department of
  119  Education the name of the applicant entity, the proposed charter
  120  school location, and its projected FTE.
  121         2. In order to ensure fiscal responsibility, an application
  122  for a charter school shall include a full accounting of expected
  123  assets, a projection of expected sources and amounts of income,
  124  including income derived from projected student enrollments and
  125  from community support, and an expense projection that includes
  126  full accounting of the costs of operation, including start-up
  127  costs.
  128         3.a. A sponsor shall by a majority vote approve or deny an
  129  application no later than 90 60 calendar days after the
  130  application is received, unless the sponsor and the applicant
  131  mutually agree in writing to temporarily postpone the vote to a
  132  specific date, at which time the sponsor shall by a majority
  133  vote approve or deny the application. If the sponsor fails to
  134  act on the application, an applicant may appeal to the State
  135  Board of Education as provided in paragraph (c). If an
  136  application is denied, the sponsor shall, within 10 calendar
  137  days after such denial, articulate in writing the specific
  138  reasons, based upon good cause, supporting its denial of the
  139  application and shall provide the letter of denial and
  140  supporting documentation to the applicant and to the Department
  141  of Education.
  142         b. An application submitted by a high-performing charter
  143  school identified pursuant to s. 1002.331 or a high-performing
  144  charter school system identified pursuant to s. 1002.332 may be
  145  denied by the sponsor only if the sponsor demonstrates by clear
  146  and convincing evidence that:
  147         (I) The application does not materially comply with the
  148  requirements in paragraph (a);
  149         (II) The charter school proposed in the application does
  150  not materially comply with the requirements in paragraphs
  151  (9)(a)-(f);
  152         (III) The proposed charter school’s educational program
  153  does not substantially replicate that of the applicant or one of
  154  the applicant’s high-performing charter schools;
  155         (IV) The applicant has made a material misrepresentation or
  156  false statement or concealed an essential or material fact
  157  during the application process; or
  158         (V) The proposed charter school’s educational program and
  159  financial management practices do not materially comply with the
  160  requirements of this section.
  161  
  162  Material noncompliance is a failure to follow requirements or a
  163  violation of prohibitions applicable to charter school
  164  applications, which failure is quantitatively or qualitatively
  165  significant either individually or when aggregated with other
  166  noncompliance. An applicant is considered to be replicating a
  167  high-performing charter school if the proposed school is
  168  substantially similar to at least one of the applicant’s high
  169  performing charter schools and the organization or individuals
  170  involved in the establishment and operation of the proposed
  171  school are significantly involved in the operation of replicated
  172  schools.
  173         c. If the sponsor denies an application submitted by a
  174  high-performing charter school or a high-performing charter
  175  school system, the sponsor must, within 10 calendar days after
  176  such denial, state in writing the specific reasons, based upon
  177  the criteria in sub-subparagraph b., supporting its denial of
  178  the application and must provide the letter of denial and
  179  supporting documentation to the applicant and to the Department
  180  of Education. The applicant may appeal the sponsor’s denial of
  181  the application in accordance with directly to the State Board
  182  of Education and, if an appeal is filed, must provide a copy of
  183  the appeal to the sponsor pursuant to paragraph (c).
  184         4. For budget projection purposes, the sponsor shall report
  185  to the Department of Education the approval or denial of an
  186  application within 10 calendar days after such approval or
  187  denial. In the event of approval, the report to the Department
  188  of Education shall include the final projected FTE for the
  189  approved charter school.
  190         5. Upon approval of an application, the initial startup
  191  shall commence with the beginning of the public school calendar
  192  for the district in which the charter is granted. A charter
  193  school may defer the opening of the school’s operations for up
  194  to 2 years to provide time for adequate facility planning. The
  195  charter school must provide written notice of such intent to the
  196  sponsor and the parents of enrolled students at least 30
  197  calendar days before the first day of school.
  198         (c)1. An applicant may appeal any denial of that
  199  applicant’s application or failure to act on an application to
  200  the State Board of Education no later than 30 calendar days
  201  after receipt of the sponsor’s decision or failure to act and
  202  shall notify the sponsor of its appeal. Any response of the
  203  sponsor shall be submitted to the State Board of Education
  204  within 30 calendar days after notification of the appeal. Upon
  205  receipt of notification from the State Board of Education that a
  206  charter school applicant is filing an appeal, the Commissioner
  207  of Education shall convene a meeting of the Charter School
  208  Appeal Commission to study and make recommendations to the State
  209  Board of Education regarding its pending decision about the
  210  appeal. The commission shall forward its recommendation to the
  211  state board at least 7 calendar days before the date on which
  212  the appeal is to be heard. An appeal regarding the denial of an
  213  application submitted by a high-performing charter school
  214  pursuant to s. 1002.331 shall be conducted by the State Board of
  215  Education in accordance with this paragraph, except that the
  216  commission shall not convene to make recommendations regarding
  217  the appeal. However, the Commissioner of Education shall review
  218  the appeal and make a recommendation to the state board.
  219         2. The Charter School Appeal Commission or, in the case of
  220  an appeal regarding an application submitted by a high
  221  performing charter school, the State Board of Education may
  222  reject an appeal submission for failure to comply with
  223  procedural rules governing the appeals process. The rejection
  224  shall describe the submission errors. The appellant shall have
  225  15 calendar days after notice of rejection in which to resubmit
  226  an appeal that meets the requirements set forth in State Board
  227  of Education rule. An appeal submitted subsequent to such
  228  rejection is considered timely if the original appeal was filed
  229  within 30 calendar days after receipt of notice of the specific
  230  reasons for the sponsor’s denial of the charter application.
  231         3.a. The State Board of Education shall by majority vote
  232  accept or reject the decision of the sponsor no later than 90
  233  calendar days after an appeal is filed in accordance with State
  234  Board of Education rule. The State Board of Education shall
  235  remand the application to the sponsor with its written decision
  236  that the sponsor approve or deny the application. The sponsor
  237  shall implement the decision of the State Board of Education.
  238  The decision of the State Board of Education is not subject to
  239  the provisions of the Administrative Procedure Act, chapter 120.
  240         b. If an appeal concerns an application submitted by a
  241  high-performing charter school identified pursuant to s.
  242  1002.331 or a high-performing charter school system identified
  243  pursuant to s. 1002.332, the State Board of Education shall
  244  determine whether the sponsor’s denial was in accordance with
  245  sub-subparagraph (b)3.b. sponsor has shown, by clear and
  246  convincing evidence, that:
  247         (I)The application does not materially comply with the
  248  requirements in paragraph (a);
  249         (II)The charter school proposed in the application does
  250  not materially comply with the requirements in paragraphs
  251  (9)(a)-(f);
  252         (III)The proposed charter school’s educational program
  253  does not substantially replicate that of the applicant or one of
  254  the applicant’s high-performing charter schools;
  255         (IV)The applicant has made a material misrepresentation or
  256  false statement or concealed an essential or material fact
  257  during the application process; or
  258         (V)The proposed charter school’s educational program and
  259  financial management practices do not materially comply with the
  260  requirements of this section.
  261  
  262  The State Board of Education shall approve or reject the
  263  sponsor’s denial of an application no later than 90 calendar
  264  days after an appeal is filed in accordance with State Board of
  265  Education rule. The State Board of Education shall remand the
  266  application to the sponsor with its written decision that the
  267  sponsor approve or deny the application. The sponsor shall
  268  implement the decision of the State Board of Education. The
  269  decision of the State Board of Education is not subject to the
  270  Administrative Procedure Act, chapter 120.
  271         (h)The terms and conditions for the operation of a charter
  272  school shall be set forth by the sponsor and the applicant in a
  273  written contractual agreement, called a charter. The sponsor may
  274  not impose unreasonable rules or regulations that violate the
  275  intent of giving charter schools greater flexibility to meet
  276  educational goals. The sponsor has 30 days after approval of the
  277  application to provide an initial proposed charter contract to
  278  the charter school. The applicant and the sponsor have 40 days
  279  thereafter to negotiate and notice the charter contract for
  280  final approval by the sponsor unless both parties agree to an
  281  extension. The proposed charter contract shall be provided to
  282  the charter school at least 7 calendar days prior to the date of
  283  the meeting at which the charter is scheduled to be voted upon
  284  by the sponsor. The Department of Education shall provide
  285  mediation services for any dispute regarding this section
  286  subsequent to the approval of a charter application and for any
  287  dispute relating to the approved charter, except disputes
  288  regarding charter school application denials. If the
  289  Commissioner of Education determines that the dispute cannot be
  290  settled through mediation, the dispute may be appealed to an
  291  administrative law judge appointed by the Division of
  292  Administrative Hearings. The administrative law judge has final
  293  order authority to rule on issues of equitable treatment of the
  294  charter school as a public school, whether proposed provisions
  295  of the charter violate the intended flexibility granted charter
  296  schools by statute, or on any other matter regarding this
  297  section except a charter school application denial, a charter
  298  termination, or a charter nonrenewal and shall award the
  299  prevailing party reasonable attorney’s fees and costs incurred
  300  to be paid by the losing party. The costs of the administrative
  301  hearing shall be paid by the party whom the administrative law
  302  judge rules against.
  303         (7) CHARTER.—The terms and conditions for the operation of
  304  a charter school shall be set forth by the sponsor and the
  305  applicant in a written contractual agreement, called a charter.
  306  The sponsor and the governing board of the charter school shall
  307  use the standard charter contract pursuant to subsection (21),
  308  which shall incorporate the approved application and any addenda
  309  approved with the application. Any term or condition of a
  310  proposed charter contract that differs from the standard charter
  311  contract adopted by rule of the State Board of Education shall
  312  be presumed a limitation on charter school flexibility. The
  313  sponsor may not impose unreasonable rules or regulations that
  314  violate the intent of giving charter schools greater flexibility
  315  to meet educational goals The major issues involving the
  316  operation of a charter school shall be considered in advance and
  317  written into the charter. The charter shall be signed by the
  318  governing board of the charter school and the sponsor, following
  319  a public hearing to ensure community input.
  320         (a) The charter shall address and criteria for approval of
  321  the charter shall be based on:
  322         1. The school’s mission, the students to be served, and the
  323  ages and grades to be included.
  324         2. The focus of the curriculum, the instructional methods
  325  to be used, any distinctive instructional techniques to be
  326  employed, and identification and acquisition of appropriate
  327  technologies needed to improve educational and administrative
  328  performance which include a means for promoting safe, ethical,
  329  and appropriate uses of technology which comply with legal and
  330  professional standards.
  331         a. The charter shall ensure that reading is a primary focus
  332  of the curriculum and that resources are provided to identify
  333  and provide specialized instruction for students who are reading
  334  below grade level. The curriculum and instructional strategies
  335  for reading must be consistent with the Next Generation Sunshine
  336  State Standards and grounded in scientifically based reading
  337  research.
  338         b. In order to provide students with access to diverse
  339  instructional delivery models, to facilitate the integration of
  340  technology within traditional classroom instruction, and to
  341  provide students with the skills they need to compete in the
  342  21st century economy, the Legislature encourages instructional
  343  methods for blended learning courses consisting of both
  344  traditional classroom and online instructional techniques.
  345  Charter schools may implement blended learning courses which
  346  combine traditional classroom instruction and virtual
  347  instruction. Students in a blended learning course must be full-
  348  time students of the charter school pursuant to s.
  349  1011.61(1)(a)1. and receive the online instruction in a
  350  classroom setting at the charter school. Instructional personnel
  351  certified pursuant to s. 1012.55 who provide virtual instruction
  352  for blended learning courses may be employees of the charter
  353  school or may be under contract to provide instructional
  354  services to charter school students. At a minimum, such
  355  instructional personnel must hold an active state or school
  356  district adjunct certification under s. 1012.57 for the subject
  357  area of the blended learning course. The funding and performance
  358  accountability requirements for blended learning courses are the
  359  same as those for traditional courses.
  360         3. The current incoming baseline standard of student
  361  academic achievement, the outcomes to be achieved, and the
  362  method of measurement that will be used. The criteria listed in
  363  this subparagraph shall include a detailed description of:
  364         a. How the baseline student academic achievement levels and
  365  prior rates of academic progress will be established.
  366         b. How these baseline rates will be compared to rates of
  367  academic progress achieved by these same students while
  368  attending the charter school.
  369         c. To the extent possible, how these rates of progress will
  370  be evaluated and compared with rates of progress of other
  371  closely comparable student populations.
  372  
  373  The district school board is required to provide academic
  374  student performance data to charter schools for each of their
  375  students coming from the district school system, as well as
  376  rates of academic progress of comparable student populations in
  377  the district school system.
  378         4. The methods used to identify the educational strengths
  379  and needs of students and how well educational goals and
  380  performance standards are met by students attending the charter
  381  school. The methods shall provide a means for the charter school
  382  to ensure accountability to its constituents by analyzing
  383  student performance data and by evaluating the effectiveness and
  384  efficiency of its major educational programs. Students in
  385  charter schools shall, at a minimum, participate in the
  386  statewide assessment program created under s. 1008.22.
  387         5. In secondary charter schools, a method for determining
  388  that a student has satisfied the requirements for graduation in
  389  s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
  390         6. A method for resolving conflicts between the governing
  391  board of the charter school and the sponsor.
  392         7. The admissions procedures and dismissal procedures,
  393  including the school’s code of student conduct. Admission or
  394  dismissal must not be based on a student’s academic performance.
  395         8. The ways by which the school will achieve a
  396  racial/ethnic balance reflective of the community it serves or
  397  within the racial/ethnic range of other public schools in the
  398  same school district.
  399         9. The financial and administrative management of the
  400  school, including a reasonable demonstration of the professional
  401  experience or competence of those individuals or organizations
  402  applying to operate the charter school or those hired or
  403  retained to perform such professional services and the
  404  description of clearly delineated responsibilities and the
  405  policies and practices needed to effectively manage the charter
  406  school. A description of internal audit procedures and
  407  establishment of controls to ensure that financial resources are
  408  properly managed must be included. Both public sector and
  409  private sector professional experience shall be equally valid in
  410  such a consideration.
  411         10. The asset and liability projections required in the
  412  application which are incorporated into the charter and shall be
  413  compared with information provided in the annual report of the
  414  charter school.
  415         11. A description of procedures that identify various risks
  416  and provide for a comprehensive approach to reduce the impact of
  417  losses; plans to ensure the safety and security of students and
  418  staff; plans to identify, minimize, and protect others from
  419  violent or disruptive student behavior; and the manner in which
  420  the school will be insured, including whether or not the school
  421  will be required to have liability insurance, and, if so, the
  422  terms and conditions thereof and the amounts of coverage.
  423         12. The term of the charter which shall provide for
  424  cancellation of the charter if insufficient progress has been
  425  made in attaining the student achievement objectives of the
  426  charter and if it is not likely that such objectives can be
  427  achieved before expiration of the charter. The initial term of a
  428  charter shall be for 4 or 5 years. In order to facilitate access
  429  to long-term financial resources for charter school
  430  construction, charter schools that are operated by a
  431  municipality or other public entity as provided by law are
  432  eligible for up to a 15-year charter, subject to approval by the
  433  district school board. A charter lab school is eligible for a
  434  charter for a term of up to 15 years. In addition, to facilitate
  435  access to long-term financial resources for charter school
  436  construction, charter schools that are operated by a private,
  437  not-for-profit, s. 501(c)(3) status corporation are eligible for
  438  up to a 15-year charter, subject to approval by the district
  439  school board. Such long-term charters remain subject to annual
  440  review and may be terminated during the term of the charter, but
  441  only according to the provisions set forth in subsection (8).
  442         13. The facilities to be used and their location. The
  443  sponsor may not require a charter school to have a certificate
  444  of occupancy or a temporary certificate of occupancy for such a
  445  facility earlier than 15 calendar days before the first day of
  446  school.
  447         14. The qualifications to be required of the teachers and
  448  the potential strategies used to recruit, hire, train, and
  449  retain qualified staff to achieve best value.
  450         15. The governance structure of the school, including the
  451  status of the charter school as a public or private employer as
  452  required in paragraph (12)(i).
  453         16. A timetable for implementing the charter which
  454  addresses the implementation of each element thereof and the
  455  date by which the charter shall be awarded in order to meet this
  456  timetable.
  457         17. In the case of an existing public school that is being
  458  converted to charter status, alternative arrangements for
  459  current students who choose not to attend the charter school and
  460  for current teachers who choose not to teach in the charter
  461  school after conversion in accordance with the existing
  462  collective bargaining agreement or district school board rule in
  463  the absence of a collective bargaining agreement. However,
  464  alternative arrangements shall not be required for current
  465  teachers who choose not to teach in a charter lab school, except
  466  as authorized by the employment policies of the state university
  467  which grants the charter to the lab school.
  468         18. Full disclosure of the identity of all relatives
  469  employed by the charter school who are related to the charter
  470  school owner, president, chairperson of the governing board of
  471  directors, superintendent, governing board member, principal,
  472  assistant principal, or any other person employed by the charter
  473  school who has equivalent decisionmaking authority. For the
  474  purpose of this subparagraph, the term “relative” means father,
  475  mother, son, daughter, brother, sister, uncle, aunt, first
  476  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  477  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  478  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  479  stepsister, half brother, or half sister.
  480         19. Implementation of the activities authorized under s.
  481  1002.331 by the charter school when it satisfies the eligibility
  482  requirements for a high-performing charter school. A high
  483  performing charter school shall notify its sponsor in writing by
  484  March 1 if it intends to increase enrollment or expand grade
  485  levels the following school year. The written notice shall
  486  specify the amount of the enrollment increase and the grade
  487  levels that will be added, as applicable.
  488         (b)The sponsor has 30 days after approval of the
  489  application to provide an initial proposed charter contract to
  490  the charter school. The applicant and the sponsor have 40 days
  491  thereafter to negotiate and notice the charter contract for
  492  final approval by the sponsor unless both parties agree to an
  493  extension. The proposed charter contract shall be provided to
  494  the charter school at least 7 calendar days before the date of
  495  the meeting at which the charter is scheduled to be voted upon
  496  by the sponsor. The Department of Education shall provide
  497  mediation services for any dispute regarding this section
  498  subsequent to the approval of a charter application and for any
  499  dispute relating to the approved charter, except a dispute
  500  regarding a charter school application denial. If the
  501  Commissioner of Education determines that the dispute cannot be
  502  settled through mediation, the dispute may be appealed to an
  503  administrative law judge appointed by the Division of
  504  Administrative Hearings. The administrative law judge has final
  505  order authority to rule on issues of equitable treatment of the
  506  charter school as a public school, whether proposed provisions
  507  of the charter violate the intended flexibility granted charter
  508  schools by statute, or any other matter regarding this section,
  509  except a dispute regarding charter school application denial, a
  510  charter termination, or a charter nonrenewal. The administrative
  511  law judge shall award the prevailing party reasonable attorney
  512  fees and costs incurred during the mediation process,
  513  administrative proceeding, and any appeals, to be paid by the
  514  party whom the administrative law judge rules against.
  515         (c)(b)1. A charter may be renewed provided that a program
  516  review demonstrates that the criteria in paragraph (a) have been
  517  successfully accomplished and that none of the grounds for
  518  nonrenewal established by paragraph (8)(a) has been documented.
  519  In order to facilitate long-term financing for charter school
  520  construction, charter schools operating for a minimum of 3 years
  521  and demonstrating exemplary academic programming and fiscal
  522  management are eligible for a 15-year charter renewal. Such
  523  long-term charter is subject to annual review and may be
  524  terminated during the term of the charter.
  525         2. The 15-year charter renewal that may be granted pursuant
  526  to subparagraph 1. shall be granted to a charter school that has
  527  received a school grade of “A” or “B” pursuant to s. 1008.34 in
  528  3 of the past 4 years and is not in a state of financial
  529  emergency or deficit position as defined by this section. Such
  530  long-term charter is subject to annual review and may be
  531  terminated during the term of the charter pursuant to subsection
  532  (8).
  533         (d)(c) A charter may be modified during its initial term or
  534  any renewal term upon the recommendation of the sponsor or the
  535  charter school’s governing board and the approval of both
  536  parties to the agreement. Modification may include, but is not
  537  limited to, consolidation of multiple charters into a single
  538  charter if the charters are operated under the same governing
  539  board and physically located on the same campus, regardless of
  540  the renewal cycle.
  541         (e)(d) A charter may be terminated by a charter school’s
  542  governing board through voluntary closure. The decision to cease
  543  operations must be determined at a public meeting. The governing
  544  board shall notify the parents and sponsor of the public meeting
  545  in writing before the public meeting. The governing board must
  546  notify the sponsor, parents of enrolled students, and the
  547  department in writing within 24 hours after the public meeting
  548  of its determination. The notice shall state the charter
  549  school’s intent to continue operations or the reason for the
  550  closure and acknowledge that the governing board agrees to
  551  follow the procedures for dissolution and reversion of public
  552  funds pursuant to paragraphs (8)(e)-(g) and (9)(o).
  553         (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.—
  554         (b) At least 90 days before prior to renewing, nonrenewing,
  555  or terminating a charter, the sponsor shall notify the governing
  556  board of the school of the proposed action in writing. The
  557  notice shall state in reasonable detail the grounds for the
  558  proposed action and stipulate that the school’s governing board
  559  may, within 14 calendar days after receiving the notice, request
  560  a hearing. The hearing shall be conducted at the sponsor’s
  561  election in accordance with one of the following procedures:
  562         1. A direct hearing conducted by the sponsor within 60 days
  563  after receipt of the request for a hearing. The hearing shall be
  564  conducted in accordance with ss. 120.569 and 120.57. The sponsor
  565  shall decide upon nonrenewal or termination by a majority vote.
  566  The sponsor’s decision shall be a final order; or
  567         2. A hearing conducted by an administrative law judge
  568  assigned by the Division of Administrative Hearings. The hearing
  569  shall be conducted within 60 days after receipt of the request
  570  for a hearing and in accordance with chapter 120. The
  571  administrative law judge’s recommended order shall be submitted
  572  to the sponsor. A majority vote by the sponsor shall be required
  573  to adopt or modify the administrative law judge’s recommended
  574  order. The sponsor shall issue a final order.
  575         (10) ELIGIBLE STUDENTS.—
  576         (a) A charter school may be exempt from the requirements of
  577  s. 1002.31 if the school is shall be open to any student covered
  578  in an interdistrict agreement and any student or residing in the
  579  school district in which the charter school is located.;
  580  However, in the case of a charter lab school, the charter lab
  581  school shall be open to any student eligible to attend the lab
  582  school as provided in s. 1002.32 or who resides in the school
  583  district in which the charter lab school is located. Any
  584  eligible student shall be allowed interdistrict transfer to
  585  attend a charter school when based on good cause. Good cause
  586  shall include, but is not limited to, geographic proximity to a
  587  charter school in a neighboring school district.
  588         (12) EMPLOYEES OF CHARTER SCHOOLS.—
  589         (h) For the purposes of tort liability, the charter school,
  590  including its governing body and employees, of a charter school
  591  shall be governed by s. 768.28. This paragraph does not include
  592  any for-profit entity contracted by the charter school or its
  593  governing body.
  594         (13) CHARTER SCHOOL COOPERATIVES.—Charter schools may enter
  595  into cooperative agreements to form charter school cooperative
  596  organizations that may provide the following services to further
  597  educational, operational, and administrative initiatives in
  598  which the participating charter schools share common interests:
  599  charter school planning and development, direct instructional
  600  services, and contracts with charter school governing boards to
  601  provide personnel administrative services, payroll services,
  602  human resource management, evaluation and assessment services,
  603  teacher preparation, and professional development.
  604         (17) FUNDING.—Students enrolled in a charter school,
  605  regardless of the sponsorship, shall be funded as if they are in
  606  a basic program or a special program, the same as students
  607  enrolled in other public schools in the school district. Funding
  608  for a charter lab school shall be as provided in s. 1002.32.
  609         (b) The basis for the agreement for funding students
  610  enrolled in a charter school shall be the sum of the school
  611  district’s operating funds from the Florida Education Finance
  612  Program as provided in s. 1011.62 and the General Appropriations
  613  Act, including gross state and local funds, discretionary
  614  lottery funds, and funds from the school district’s current
  615  operating discretionary millage levy; divided by total funded
  616  weighted full-time equivalent students in the school district;
  617  multiplied by the weighted full-time equivalent students for the
  618  charter school. Charter schools whose students or programs meet
  619  the eligibility criteria in law are entitled to their
  620  proportionate share of categorical program funds included in the
  621  total funds available in the Florida Education Finance Program
  622  by the Legislature, including transportation, the research-based
  623  reading allocation, and the Florida digital classrooms
  624  allocation. Total funding for each charter school shall be
  625  recalculated during the year to reflect the revised calculations
  626  under the Florida Education Finance Program by the state and the
  627  actual weighted full-time equivalent students reported by the
  628  charter school during the full-time equivalent student survey
  629  periods designated by the Commissioner of Education. For charter
  630  schools operated by a not-for-profit or municipal entity, any
  631  unrestricted surplus operating funds, unrestricted surplus
  632  capital outlay funds, or unrestricted net assets identified in
  633  the charter school’s annual audit may be used for other charter
  634  schools in the district operated by the not-for-profit or
  635  municipal entity. Unrestricted surplus operating funds shall be
  636  used in accordance with s. 1011.62, and unrestricted surplus
  637  capital outlay funds shall be used in accordance with s.
  638  1013.62(2).
  639         (c) If the district school board is providing programs or
  640  services to students funded by federal funds, any eligible
  641  students enrolled in charter schools in the school district
  642  shall be provided federal funds for the same level of service
  643  provided students in the schools operated by the district school
  644  board. Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all
  645  charter schools shall receive all federal funding for which the
  646  school is otherwise eligible, including Title I funding, not
  647  later than 5 months after the charter school first opens and
  648  within 5 months after any subsequent expansion of enrollment.
  649  Unless otherwise mutually agreed to by the charter school and
  650  its sponsor, and consistent with state and federal rules and
  651  regulations governing the use and disbursement of federal funds,
  652  the sponsor shall reimburse the charter school on a monthly
  653  basis for all invoices submitted by the charter school for
  654  federal funds available to the sponsor for the benefit of the
  655  charter school, the charter school’s students, and the charter
  656  school’s students as public school students in the school
  657  district. Such federal funds include, but are not limited to,
  658  Title I, Title II, and Individuals with Disabilities Education
  659  Act (IDEA) funds. To receive timely reimbursement for an
  660  invoice, the charter school must submit the invoice to the
  661  sponsor at least 30 days before the monthly date of
  662  reimbursement set by the sponsor. In order to be reimbursed, any
  663  expenditures made by the charter school must comply with all
  664  applicable state rules and federal regulations, including, but
  665  not limited to, the applicable federal Office of Management and
  666  Budget Circulars; the federal Education Department General
  667  Administrative Regulations; and program-specific statutes,
  668  rules, and regulations. Such funds may not be made available to
  669  the charter school until a plan is submitted to the sponsor for
  670  approval of the use of the funds in accordance with applicable
  671  federal requirements. The sponsor has 30 days to review and
  672  approve any plan submitted pursuant to this paragraph.
  673         (18) FACILITIES.—
  674         (c) Any facility, or portion thereof, used to house a
  675  charter school whose charter has been approved by the sponsor
  676  and the governing board, pursuant to subsection (7), shall be
  677  exempt from ad valorem taxes pursuant to s. 196.1983. Library,
  678  community service, museum, performing arts, theatre, cinema,
  679  church, Florida College System institution, college, and
  680  university facilities may provide space to charter schools
  681  within their facilities under their preexisting zoning and land
  682  use designations without obtaining a special exception,
  683  rezoning, a land use charter, or any other form of approval.
  684         (20) SERVICES.—
  685         (a)1. A sponsor shall provide certain administrative and
  686  educational services to charter schools. These services shall
  687  include contract management services; full-time equivalent and
  688  data reporting services; exceptional student education
  689  administration services; services related to eligibility and
  690  reporting duties required to ensure that school lunch services
  691  under the federal lunch program, consistent with the needs of
  692  the charter school, are provided by the school district at the
  693  request of the charter school, that any funds due to the charter
  694  school under the federal lunch program be paid to the charter
  695  school as soon as the charter school begins serving food under
  696  the federal lunch program, and that the charter school is paid
  697  at the same time and in the same manner under the federal lunch
  698  program as other public schools serviced by the sponsor or the
  699  school district; test administration services, including payment
  700  of the costs of state-required or district-required student
  701  assessments; processing of teacher certificate data services;
  702  and information services, including equal access to student
  703  information systems that are used by public schools in the
  704  district in which the charter school is located. Student
  705  performance data for each student in a charter school,
  706  including, but not limited to, FCAT scores, standardized test
  707  scores, previous public school student report cards, and student
  708  performance measures, shall be provided by the sponsor to a
  709  charter school in the same manner provided to other public
  710  schools in the district.
  711         2. A sponsor may withhold an administrative fee for the
  712  provision of such services which shall be a percentage of the
  713  available funds defined in paragraph (17)(b) calculated based on
  714  weighted full-time equivalent students. If the charter school
  715  serves 75 percent or more exceptional education students as
  716  defined in s. 1003.01(3), the percentage shall be calculated
  717  based on unweighted full-time equivalent students. The
  718  administrative fee shall be calculated as follows:
  719         a.Up to 5 percent for:
  720         (I)Enrollment of up to and including 250 students in a
  721  charter school as defined in this section.
  722         (II)Enrollment of up to and including 500 students within
  723  a charter school system which meets all of the following:
  724         (A)Includes conversion charter schools and nonconversion
  725  charter schools.
  726         (B)Has all of its schools located in the same county.
  727         (C)Has a total enrollment exceeding the total enrollment
  728  of at least one school district in the state.
  729         (D)Has the same governing board for all of its schools.
  730         (E)Does not contract with a for-profit service provider
  731  for management of school operations.
  732         (III)Enrollment of up to and including 250 students in a
  733  virtual charter school.
  734         b.Up to 2 percent for enrollment of up to and including
  735  250 students in a high-performing charter school as defined in
  736  s. 1002.331.
  737         3.A sponsor may not charge charter schools any additional
  738  fees or surcharges for administrative and educational services
  739  in addition to the maximum percentage of administrative fees
  740  withheld pursuant to this paragraph A total administrative fee
  741  for the provision of such services shall be calculated based
  742  upon up to 5 percent of the available funds defined in paragraph
  743  (17)(b) for all students, except that when 75 percent or more of
  744  the students enrolled in the charter school are exceptional
  745  students as defined in s. 1003.01(3), the 5 percent of those
  746  available funds shall be calculated based on unweighted full
  747  time equivalent students. However, a sponsor may only withhold
  748  up to a 5-percent administrative fee for enrollment for up to
  749  and including 250 students. For charter schools with a
  750  population of 251 or more students, the difference between the
  751  total administrative fee calculation and the amount of the
  752  administrative fee withheld may only be used for capital outlay
  753  purposes specified in s. 1013.62(3).
  754         3.For high-performing charter schools, as defined in s.
  755  1002.331, a sponsor may withhold a total administrative fee of
  756  up to 2 percent for enrollment up to and including 250 students
  757  per school.
  758         4.In addition, a sponsor may withhold only up to a 5
  759  percent administrative fee for enrollment for up to and
  760  including 500 students within a system of charter schools which
  761  meets all of the following:
  762         a.Includes both conversion charter schools and
  763  nonconversion charter schools;
  764         b.Has all schools located in the same county;
  765         c.Has a total enrollment exceeding the total enrollment of
  766  at least one school district in the state;
  767         d.Has the same governing board; and
  768         e.Does not contract with a for-profit service provider for
  769  management of school operations.
  770         5.The difference between the total administrative fee
  771  calculation and the amount of the administrative fee withheld
  772  pursuant to subparagraph 4. may be used for instructional and
  773  administrative purposes as well as for capital outlay purposes
  774  specified in s. 1013.62(3).
  775         6.For a high-performing charter school system that also
  776  meets the requirements in subparagraph 4., a sponsor may
  777  withhold a 2-percent administrative fee for enrollments up to
  778  and including 500 students per system.
  779         7.Sponsors shall not charge charter schools any additional
  780  fees or surcharges for administrative and educational services
  781  in addition to the maximum 5-percent administrative fee withheld
  782  pursuant to this paragraph.
  783         8.The sponsor of a virtual charter school may withhold a
  784  fee of up to 5 percent. The funds shall be used to cover the
  785  cost of services provided under subparagraph 1. and
  786  implementation of the school district’s digital classrooms plan
  787  pursuant to s. 1011.62.
  788         (b) If goods and services are made available to the charter
  789  school through the contract with the school district, they shall
  790  be provided to the charter school at a rate no greater than the
  791  district’s actual cost unless mutually agreed upon by the
  792  charter school and the sponsor in a contract negotiated
  793  separately from the charter. When mediation has failed to
  794  resolve disputes over contracted services or contractual matters
  795  not included in the charter, an appeal may be made for a dispute
  796  resolution hearing before the Charter School Appeal Commission.
  797  To maximize the use of state funds, school districts shall allow
  798  charter schools to participate in the sponsor’s bulk purchasing
  799  program if applicable.
  800         (c) Transportation of charter school students shall be
  801  provided by the charter school consistent with the requirements
  802  of subpart I.E. of chapter 1006 and s. 1012.45. The governing
  803  body of the charter school may provide transportation through an
  804  agreement or contract with the district school board, a private
  805  provider, or parents. The charter school and the sponsor shall
  806  cooperate in making arrangements that ensure that transportation
  807  is not a barrier to equal access for all students residing
  808  within a reasonable distance of the charter school as determined
  809  in its charter.
  810         (d)Each charter school shall annually complete and submit
  811  a survey, provided in a format specified by the Department of
  812  Education, to rate the timeliness and quality of services
  813  provided by the district in accordance with this section. The
  814  department shall compile the results, by district, and include
  815  the results in the report required under sub-sub-subparagraph
  816  (5)(b)1.k.(III).
  817         (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.—
  818         (a) The Department of Education shall provide information
  819  to the public, directly and through sponsors, on how to form and
  820  operate a charter school and how to enroll in a charter school
  821  once it is created. This information shall include the standard
  822  a model application form, standard charter contract, standard
  823  evaluation instrument, and standard charter renewal contract,
  824  which shall include the information specified in subsection (7)
  825  and shall be developed by consulting and negotiating with both
  826  school districts and charter schools before implementation. The
  827  charter and charter renewal contracts shall be used by charter
  828  school sponsors.
  829         (b)1. The Department of Education shall report to each
  830  charter school receiving a school grade pursuant to s. 1008.34
  831  or a school improvement rating pursuant to s. 1008.341 the
  832  school’s student assessment data.
  833         2. The charter school shall report the information in
  834  subparagraph 1. to each parent of a student at the charter
  835  school, the parent of a child on a waiting list for the charter
  836  school, the district in which the charter school is located, and
  837  the governing board of the charter school. This paragraph does
  838  not abrogate the provisions of s. 1002.22, relating to student
  839  records, or the requirements of 20 U.S.C. s. 1232g, the Family
  840  Educational Rights and Privacy Act.
  841         3.a.Pursuant to this paragraph, the Department of
  842  Education shall compare the charter school student performance
  843  data for each charter school in subparagraph 1. with the student
  844  performance data in traditional public schools in the district
  845  in which the charter school is located and other charter schools
  846  in the state. For alternative charter schools, the department
  847  shall compare the student performance data described in this
  848  paragraph with all alternative schools in the state. The
  849  comparative data shall be provided by the following grade
  850  groupings:
  851         (I)Grades 3 through 5;
  852         (II)Grades 6 through 8; and
  853         (III)Grades 9 through 11.
  854         b.Each charter school shall provide the information
  855  specified in this paragraph on its Internet website and also
  856  provide notice to the public at large in a manner provided by
  857  the rules of the State Board of Education. The State Board of
  858  Education shall adopt rules to administer the notice
  859  requirements of this subparagraph pursuant to ss. 120.536(1) and
  860  120.54. The website shall include, through links or actual
  861  content, other information related to school performance.
  862         (25) LOCAL EDUCATIONAL AGENCY STATUS FOR CERTAIN CHARTER
  863  SCHOOL SYSTEMS.—
  864         (a) A charter school system’s governing board shall be
  865  designated a local educational agency for the purpose of
  866  receiving federal funds, the same as though the charter school
  867  system were a school district, if the governing board of the
  868  charter school system has adopted and filed a resolution with
  869  its sponsoring district school board and the Department of
  870  Education in which the governing board of the charter school
  871  system accepts the full responsibility for all local education
  872  agency requirements and the charter school system meets all of
  873  the following:
  874         (a)Includes both conversion charter schools and
  875  nonconversion charter schools;
  876         1.(b) Has all schools located in the same county;
  877         2.(c) Has a total enrollment exceeding the total enrollment
  878  of at least one school district in the state; and
  879         3.(d) Has the same governing board.; and
  880         (b)A charter school system’s governing board may be
  881  designated a local educational agency for the purpose of
  882  receiving federal funds for all schools within a school district
  883  that are established pursuant to s. 1008.33 and are under the
  884  jurisdiction of the governing board. The governing board must
  885  adopt and file a resolution with its sponsoring district school
  886  board and the Department of Education and accept full
  887  responsibility for all local educational agency requirements.
  888         (e)Does not contract with a for-profit service provider
  889  for management of school operations.
  890  
  891  Such designation does not apply to other provisions unless
  892  specifically provided in law.
  893         (28) RULEMAKING.—The Department of Education, after
  894  consultation with school districts and charter school directors,
  895  shall recommend that the State Board of Education adopt rules to
  896  implement specific subsections of this section. Such rules shall
  897  require minimum paperwork and shall not limit charter school
  898  flexibility authorized by statute. The State Board of Education
  899  shall adopt rules, pursuant to ss. 120.536(1) and 120.54, to
  900  implement a standard charter model application form, standard
  901  application form for the replication of charter schools in a
  902  high-performing charter school system, standard evaluation
  903  instrument, and standard charter and charter renewal contracts
  904  in accordance with this section.
  905         Section 2. Paragraph (b) of subsection (2) of section
  906  1002.3305, Florida Statutes, is amended to read:
  907         1002.3305 College-preparatory Boarding Academy Pilot
  908  Program for at-risk students.—
  909         (2) DEFINITIONS.—As used in this section, the term:
  910         (b) “Eligible student” means a student who is a resident of
  911  the state and entitled to attend school in a participating
  912  school district, is at risk of academic failure, is currently
  913  enrolled in grade 5-12, if it is determined by the operator that
  914  a seat is available grade 5 or 6, is from a family whose gross
  915  income is at or below 200 percent of the federal poverty
  916  guidelines, is eligible for benefits or services funded by
  917  Temporary Assistance for Needy Families (TANF) or Title IV-E of
  918  the Social Security Act, and meets at least one of the following
  919  additional risk factors:
  920         1. The child is in foster care or has been declared an
  921  adjudicated dependent by a court.
  922         2. The student’s head of household is not the student’s
  923  custodial parent.
  924         3. The student resides in a household that receives a
  925  housing voucher or has been determined eligible for public
  926  housing assistance.
  927         4. A member of the student’s immediate family has been
  928  incarcerated.
  929         5. The child is covered under the terms of the state’s
  930  Child Welfare Waiver Demonstration project with the United
  931  States Department of Health and Human Services.
  932         Section 3. Subsection (3) of section 1002.331, Florida
  933  Statutes, is amended to read:
  934         1002.331 High-performing charter schools.—
  935         (3)(a)1. A high-performing charter school may submit an
  936  application pursuant to s. 1002.33(6) in any school district in
  937  the state to establish and operate a new charter school that
  938  will substantially replicate its educational program. An
  939  application submitted by a high-performing charter school must
  940  state that the application is being submitted pursuant to this
  941  paragraph and must include the verification letter provided by
  942  the Commissioner of Education pursuant to subsection (4).
  943         2. If the sponsor fails to act on the application within 90
  944  60 days after receipt, the application is deemed approved and
  945  the procedure in s. 1002.33(7) 1002.33(6)(h) applies. If the
  946  sponsor denies the application, the high-performing charter
  947  school may appeal pursuant to s. 1002.33(6).
  948         (b) A high-performing charter school may not establish more
  949  than one charter school within the state under paragraph (a) in
  950  any year. A subsequent application to establish a charter school
  951  under paragraph (a) may not be submitted unless each charter
  952  school established in this manner achieves high-performing
  953  charter school status. However, a high-performing charter school
  954  may establish more than one charter school within the state
  955  under paragraph (a) in any year if it operates in the area of a
  956  persistently low-performing school and serves students from that
  957  school.
  958         Section 4. Paragraph (b) of subsection (2) of section
  959  1002.332, Florida Statutes is amended, and paragraph (c) is
  960  added to that subsection, to read:
  961         1002.332 High-performing charter school system.—
  962         (2)(b) A high-performing charter school system may
  963  replicate its high-performing charter schools in any school
  964  district in the state. The applicant must submit an application
  965  using the standard application form prepared by the Department
  966  of Education which:
  967         1.Contains goals and objectives for improving student
  968  learning and a process for measuring student improvement. These
  969  goals and objectives must indicate how much academic improvement
  970  students are expected to demonstrate each year, how success will
  971  be evaluated, and the specific results to be attained through
  972  instruction.
  973         2.Contains an annual financial plan for each year
  974  requested by the charter for operation of the school for up to 5
  975  years. This plan must contain anticipated fund balances based on
  976  revenue projections, a spending plan based on projected revenue
  977  and expenses, and a description of controls that will safeguard
  978  finances and projected enrollment trends.
  979         3.Discloses the name of each applicant, governing board
  980  member, and all proposed education services providers; the name
  981  and sponsor of any charter school operated by each applicant,
  982  each governing board member, and each proposed education
  983  services provider that has closed and the reasons for the
  984  closure; and the academic and financial history of such charter
  985  schools, which the sponsor shall consider when deciding whether
  986  to approve or deny the application.
  987         (c)An application submitted by a high-performing charter
  988  school system must state that the application is being submitted
  989  pursuant to this section and must include the verification
  990  letter provided by the Commissioner of Education pursuant to
  991  this subsection. If the sponsor fails to act on the application
  992  within 90 days after receipt, the application is deemed approved
  993  and the procedure in s. 1002.33(7) applies pursuant to s.
  994  1002.331(3).
  995         Section 5. Subsection (1) of section 1003.498, Florida
  996  Statutes, is amended to read:
  997         1003.498 School district virtual course offerings.—
  998         (1) School districts may deliver courses in the traditional
  999  school setting by personnel certified pursuant to s. 1012.55 who
 1000  provide direct instruction through virtual instruction or
 1001  through blended learning courses consisting of both traditional
 1002  classroom and online instructional techniques. Students in a
 1003  blended learning course must be full-time students of the school
 1004  pursuant to s. 1011.61(1)(a)1. and receive the online
 1005  instruction in a classroom setting at the school. The funding,
 1006  performance, and accountability requirements for blended
 1007  learning courses are the same as those for traditional courses.
 1008  To facilitate the delivery and coding of blended learning
 1009  courses, the department shall provide identifiers for existing
 1010  courses to designate that they are being used for blended
 1011  learning courses for the purpose of ensuring the efficient
 1012  reporting of such courses. A district may report full-time
 1013  equivalent student membership for credit earned by a student who
 1014  is enrolled in a virtual education course provided by the
 1015  district which is completed after the end of the regular school
 1016  year if the FTE is reported no later than the deadline for
 1017  amending the final student membership report for that year.
 1018         Section 6. Subsection (5), paragraph (j) of subsection (6),
 1019  and paragraph (a) of subsection (8) of section 1007.35, Florida
 1020  Statutes, are amended to read:
 1021         1007.35 Florida Partnership for Minority and
 1022  Underrepresented Student Achievement.—
 1023         (5) Each public high school, including, but not limited to,
 1024  schools and alternative sites and centers of the Department of
 1025  Juvenile Justice, shall provide for the administration of the
 1026  Preliminary SAT/National Merit Scholarship Qualifying Test
 1027  (PSAT/NMSQT), or the preliminary ACT Aspire to all enrolled 10th
 1028  grade students. However, a written notice shall be provided to
 1029  each parent which must that shall include the opportunity to
 1030  exempt his or her child from taking the PSAT/NMSQT or the
 1031  preliminary ACT Aspire.
 1032         (a) Test results will provide each high school with a
 1033  database of student assessment data which certified school
 1034  counselors will use to identify students who are prepared or who
 1035  need additional work to be prepared to enroll and be successful
 1036  in AP courses or other advanced high school courses.
 1037         (b) Funding for the PSAT/NMSQT or the preliminary ACT
 1038  Aspire for all 10th grade students shall be contingent upon
 1039  annual funding in the General Appropriations Act.
 1040         (c) Public school districts must choose either the
 1041  PSAT/NMSQT or the preliminary ACT Aspire for districtwide
 1042  administration.
 1043         (6) The partnership shall:
 1044         (j) Provide information to students, parents, teachers,
 1045  counselors, administrators, districts, Florida College System
 1046  institutions, and state universities regarding PSAT/NMSQT or the
 1047  preliminary ACT Aspire administration, including, but not
 1048  limited to:
 1049         1. Test administration dates and times.
 1050         2. That participation in the PSAT/NMSQT or the preliminary
 1051  ACT Aspire is open to all 10th grade students.
 1052         3. The value of such tests in providing diagnostic feedback
 1053  on student skills.
 1054         4. The value of student scores in predicting the
 1055  probability of success on AP or other advanced course
 1056  examinations.
 1057         (8)(a) By September 30 of each year, the partnership shall
 1058  submit to the department a report that contains an evaluation of
 1059  the effectiveness of the delivered services and activities.
 1060  Activities and services must be evaluated on their effectiveness
 1061  at raising student achievement and increasing the number of AP
 1062  or other advanced course examinations in low-performing middle
 1063  and high schools. Other indicators that must be addressed in the
 1064  evaluation report include the number of middle and high school
 1065  teachers trained; the effectiveness of the training; measures of
 1066  postsecondary readiness of the students affected by the program;
 1067  levels of participation in 10th grade PSAT/NMSQT or the
 1068  preliminary ACT Aspire testing; and measures of student, parent,
 1069  and teacher awareness of and satisfaction with the services of
 1070  the partnership.
 1071         Section 7. Paragraph (d) of subsection (3) of section
 1072  1008.34, Florida Statutes, is amended to read:
 1073         1008.34 School grading system; school report cards;
 1074  district grade.—
 1075         (3) DESIGNATION OF SCHOOL GRADES.—
 1076         (d) The data performance of students attending alternative
 1077  schools, and students designated as hospital or homebound, and
 1078  students who transfer to a private school shall be factored into
 1079  a school grade as follows:
 1080         1. The student performance data for eligible students
 1081  attending alternative schools that provide dropout prevention
 1082  and academic intervention services pursuant to s. 1003.53 shall
 1083  be included in the calculation of the home school’s grade. The
 1084  term “eligible students” in this subparagraph does not include
 1085  students attending an alternative school who are subject to
 1086  district school board policies for expulsion for repeated or
 1087  serious offenses, who are in dropout retrieval programs serving
 1088  students who have officially been designated as dropouts, or who
 1089  are in programs operated or contracted by the Department of
 1090  Juvenile Justice. As used in this subparagraph, the term “home
 1091  school” means the school to which the student would be assigned
 1092  if the student were not assigned to an alternative school. If an
 1093  alternative school chooses to be graded under this section,
 1094  student performance data for eligible students identified in
 1095  this subparagraph shall not be included in the home school’s
 1096  grade but shall be included only in the calculation of the
 1097  alternative school’s grade. A school district that fails to
 1098  assign statewide, standardized end-of-course assessment scores
 1099  of each of its students to his or her home school or to the
 1100  alternative school that receives a grade shall forfeit Florida
 1101  School Recognition Program funds for one fiscal year. School
 1102  districts must require collaboration between the home school and
 1103  the alternative school in order to promote student success. This
 1104  collaboration must include an annual discussion between the
 1105  principal of the alternative school and the principal of each
 1106  student’s home school concerning the most appropriate school
 1107  assignment of the student.
 1108         2. Student performance data for students designated as
 1109  hospital or homebound shall be assigned to their home school for
 1110  the purposes of school grades. As used in this subparagraph, the
 1111  term “home school” means the school to which a student would be
 1112  assigned if the student were not assigned to a hospital or
 1113  homebound program.
 1114         3.A high school must include a student in its graduation
 1115  rate if the student transfers from the high school to a private
 1116  school with which the school district has a contractual
 1117  relationship.
 1118         Section 8. Subsection (3) of section 1008.341, Florida
 1119  Statutes, is amended to read:
 1120         1008.341 School improvement rating for alternative
 1121  schools.—
 1122         (3) DESIGNATION OF SCHOOL IMPROVEMENT RATING.—Student
 1123  Learning Gains based on statewide, standardized assessments,
 1124  including retakes, administered under s. 1008.22 for all
 1125  eligible students who were assigned to and enrolled in the
 1126  school during the October or February FTE count and who have
 1127  assessment scores, concordant scores, or comparable scores for
 1128  the preceding school year shall be used in determining an
 1129  alternative school’s school improvement rating. An alternative
 1130  school’s rating shall be based on the following components:
 1131         (a) The percentage of eligible students who make Learning
 1132  Gains in English Language Arts as measured by statewide,
 1133  standardized assessments under s. 1008.22(3).
 1134         (b) The percentage of eligible students who make Learning
 1135  Gains in mathematics as measured by statewide, standardized
 1136  assessments under s. 1008.22(3).
 1137  
 1138  Student performance results of students who are subject to
 1139  district school board policies for expulsion for repeated or
 1140  serious offenses, who are in dropout retrieval programs serving
 1141  students who have officially been designated as dropouts, or who
 1142  are in programs operated or contracted by the Department of
 1143  Juvenile Justice may not be included in an alternative school’s
 1144  school improvement rating.
 1145         Section 9. Paragraph (i) of subsection (1) of section
 1146  1011.62, Florida Statutes, is amended to read:
 1147         1011.62 Funds for operation of schools.—If the annual
 1148  allocation from the Florida Education Finance Program to each
 1149  district for operation of schools is not determined in the
 1150  annual appropriations act or the substantive bill implementing
 1151  the annual appropriations act, it shall be determined as
 1152  follows:
 1153         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
 1154  OPERATION.—The following procedure shall be followed in
 1155  determining the annual allocation to each district for
 1156  operation:
 1157         (i) Calculation of full-time equivalent membership with
 1158  respect to dual enrollment instruction.—Students enrolled in
 1159  dual enrollment instruction pursuant to s. 1007.271 may be
 1160  included in calculations of full-time equivalent student
 1161  memberships for basic programs for grades 9 through 12 by a
 1162  district school board. Instructional time for dual enrollment
 1163  may vary from 900 hours; however, the full-time equivalent
 1164  student membership value shall be subject to the provisions in
 1165  s. 1011.61(4). Dual enrollment full-time equivalent student
 1166  membership shall be calculated in an amount equal to the hours
 1167  of instruction that would be necessary to earn the full-time
 1168  equivalent student membership for an equivalent course if it
 1169  were taught in the school district. Students in dual enrollment
 1170  courses may also be calculated as the proportional shares of
 1171  full-time equivalent enrollments they generate for a Florida
 1172  College System institution or university conducting the dual
 1173  enrollment instruction. Early admission students shall be
 1174  considered dual enrollments for funding purposes. Students may
 1175  be enrolled in dual enrollment instruction provided by an
 1176  eligible independent college or university and may be included
 1177  in calculations of full-time equivalent student memberships for
 1178  basic programs for grades 9 through 12 by a district school
 1179  board. However, those provisions of law which exempt dual
 1180  enrolled and early admission students from payment of
 1181  instructional materials and tuition and fees, including
 1182  laboratory fees, shall not apply to students who select the
 1183  option of enrolling in an eligible independent institution. An
 1184  independent college or university, which is located and
 1185  chartered in Florida, is not for profit, is accredited by a
 1186  regional or national accrediting agency recognized by the United
 1187  States Department of Education the Commission on Colleges of the
 1188  Southern Association of Colleges and Schools or the Accrediting
 1189  Council for Independent Colleges and Schools, and confers
 1190  degrees as defined in s. 1005.02 shall be eligible for inclusion
 1191  in the dual enrollment or early admission program. Students
 1192  enrolled in dual enrollment instruction shall be exempt from the
 1193  payment of tuition and fees, including laboratory fees. No
 1194  student enrolled in college credit mathematics or English dual
 1195  enrollment instruction shall be funded as a dual enrollment
 1196  unless the student has successfully completed the relevant
 1197  section of the entry-level examination required pursuant to s.
 1198  1008.30.
 1199         Section 10. Subsection (5) is added to section 1011.69,
 1200  Florida Statutes, to read:
 1201         1011.69 Equity in School-Level Funding Act.—
 1202         (5)To help meet the academic needs of economically
 1203  disadvantaged students, school districts shall provide Title I
 1204  funds directly to all eligible schools as provided in this
 1205  subsection. For purposes of this subsection, the term “eligible
 1206  school” means a school, including a charter school, that is
 1207  eligible to receive Title I funds. The threshold for identifying
 1208  eligible schools shall not exceed the statewide percentage of
 1209  economically disadvantaged students.
 1210         (a)Before the allocation of Title I funds to eligible
 1211  schools, a school district may withhold funds only as follows:
 1212         1.One percent for parent involvement;
 1213         2.A necessary and reasonable amount for administration,
 1214  not to exceed 8 percent; and
 1215         3.A reasonable and necessary amount to provide:
 1216         a.Homeless programs;
 1217         b.Delinquent and neglected programs; and
 1218         c.Private school equitable services.
 1219         (b)All remaining Title I funds shall be distributed to all
 1220  eligible schools in accordance with federal law and regulations.
 1221  An eligible school may use funds received under this subsection
 1222  to participate in discretionary educational services provided by
 1223  the school district.
 1224         Section 11. This act shall take effect July 1, 2017.
 1225  
 1226  ================= T I T L E  A M E N D M E N T ================
 1227  And the title is amended as follows:
 1228         Delete everything before the enacting clause
 1229  and insert:
 1230                        A bill to be entitled                      
 1231         An act relating to K-12 education; amending s.
 1232         1002.33, F.S.; revising the charter school application
 1233         process; revising the appeals process for a denied
 1234         charter school application; requiring the use of the
 1235         standard charter contract by specified entities;
 1236         revising eligibility requirements for charter school
 1237         students enrolled in blended learning courses;
 1238         authorizing a charter school to be exempt from
 1239         provisions relating to controlled open enrollment
 1240         under certain circumstances; clarifying provisions
 1241         relating to charter schools and tort liability;
 1242         revising the purpose of charter school cooperatives;
 1243         authorizing the use of unrestricted net assets and
 1244         certain unrestricted surplus for specified charter
 1245         schools; requiring such funds to be used in accordance
 1246         with specified provisions; authorizing certain
 1247         entities to share facilities with charter schools
 1248         without additional approval; revising the
 1249         administrative fees that a district may withhold from
 1250         charter schools; requiring charter schools to complete
 1251         and submit an annual survey; revising the public
 1252         information disclosures of charter schools; deleting a
 1253         requirement that the Department of Education compare
 1254         certain data; revising eligibility criteria for
 1255         designated local educational agency status;
 1256         authorizing the governing board of a charter school
 1257         system to be designated a local educational agency for
 1258         certain schools; amending s. 1002.3305, F.S.; revising
 1259         the definition for the term “eligible student” for
 1260         purposes of the College-preparatory Boarding Academy
 1261         Pilot Program; amending s. 1002.331, F.S.; conforming
 1262         provisions to changes made by the act; authorizing a
 1263         high-performing charter school to establish more than
 1264         one charter school in any year under certain
 1265         circumstances; amending s. 1002.332, F.S.; authorizing
 1266         a high-performing charter school system to replicate
 1267         its schools in any school district and providing
 1268         application requirements therefor; amending s.
 1269         1003.498, F.S.; revising eligibility requirements for
 1270         students enrolled in blended learning courses;
 1271         amending s. 1007.35, F.S.; revising the name of an ACT
 1272         assessment for specified purposes; amending s.
 1273         1008.34, F.S.; revising the student performance data
 1274         to be included in school grades; amending s. 1008.341,
 1275         F.S.; including concordant scores in the calculation
 1276         of an alternative school’s school improvement rating;
 1277         amending s. 1011.62, F.S.; revising eligibility
 1278         criteria for postsecondary institutions to participate
 1279         in the dual enrollment and early admission programs;
 1280         amending s. 1011.69, F.S.; requiring school districts
 1281         to provide specified funds directly to schools
 1282         eligible to receive Title I funds; providing a
 1283         definition; authorizing school districts to withhold
 1284         certain funds for specified purposes; authorizing
 1285         eligible schools to use funds to participate in
 1286         certain services; providing an effective date.