Florida Senate - 2017                      CS for CS for SB 1362
       
       
        
       By the Committees on Appropriations; and Education; and Senators
       Broxson and Stargel
       
       
       
       
       576-04746-17                                          20171362c2
    1                        A bill to be entitled                      
    2         An act relating to K-12 education; amending s.
    3         1002.33, F.S.; revising the charter school application
    4         process; revising the appeals process for a denied
    5         charter school application; requiring the use of the
    6         standard charter contract by specified entities;
    7         revising eligibility requirements for charter school
    8         students enrolled in blended learning courses;
    9         authorizing a charter school to be exempt from
   10         provisions relating to controlled open enrollment
   11         under certain circumstances; clarifying provisions
   12         relating to charter schools and tort liability;
   13         revising the purpose of charter school cooperatives;
   14         authorizing the use of unrestricted net assets and
   15         certain unrestricted surplus for specified charter
   16         schools; requiring such funds to be used in accordance
   17         with specified provisions; authorizing certain
   18         entities to share facilities with charter schools
   19         without additional approval; revising the
   20         administrative fees that a district may withhold from
   21         charter schools; requiring charter schools to complete
   22         and submit an annual survey; revising the public
   23         information disclosures of charter schools; deleting a
   24         requirement that the Department of Education compare
   25         certain data; revising eligibility criteria for
   26         designated local educational agency status;
   27         authorizing the governing board of a charter school
   28         system to be designated a local educational agency for
   29         certain schools; amending s. 1002.3305, F.S.; revising
   30         the definition for the term “eligible student” for
   31         purposes of the College-preparatory Boarding Academy
   32         Pilot Program; amending s. 1002.331, F.S.; conforming
   33         provisions to changes made by the act; authorizing a
   34         high-performing charter school to establish more than
   35         one charter school in any year under certain
   36         circumstances; amending s. 1002.332, F.S.; authorizing
   37         a high-performing charter school system to replicate
   38         its schools in any school district and providing
   39         application requirements therefor; amending s.
   40         1003.498, F.S.; revising eligibility requirements for
   41         students enrolled in blended learning courses;
   42         amending s. 1007.35, F.S.; revising the name of an ACT
   43         assessment for specified purposes; amending s.
   44         1008.34, F.S.; revising the student performance data
   45         to be included in school grades; amending s. 1008.341,
   46         F.S.; including concordant scores in the calculation
   47         of an alternative school’s school improvement rating;
   48         amending s. 1011.62, F.S.; revising eligibility
   49         criteria for postsecondary institutions to participate
   50         in the dual enrollment and early admission programs;
   51         amending s. 1011.69, F.S.; requiring school districts
   52         to provide specified funds directly to schools
   53         eligible to receive Title I funds; providing a
   54         definition; authorizing school districts to withhold
   55         certain funds for specified purposes; authorizing
   56         eligible schools to use funds to participate in
   57         certain services; providing an effective date.
   58          
   59  Be It Enacted by the Legislature of the State of Florida:
   60  
   61         Section 1. Subsection (1), paragraphs (a), (b), (c), and
   62  (h) of subsection (6), subsection (7), paragraph (b) of
   63  subsection (8), paragraph (a) of subsection (10), paragraph (h)
   64  of subsection (12), subsection (13), paragraphs (b) and (c) of
   65  subsection (17), paragraph (c) of subsection (18), subsection
   66  (20), paragraphs (a) and (b) of subsection (21), and subsections
   67  (25) and (28) of section 1002.33, Florida Statutes, are amended
   68  to read:
   69         1002.33 Charter schools.—
   70         (1) AUTHORIZATION.—Charter schools shall be part of the
   71  state’s program of public education. All charter schools in
   72  Florida are public schools and shall be part of the state’s
   73  program of public education. A charter school may be formed by
   74  creating a new school or converting an existing public school to
   75  charter status. A charter school may operate a virtual charter
   76  school pursuant to s. 1002.45(1)(d) to provide full-time online
   77  instruction to eligible students, pursuant to s. 1002.455, in
   78  kindergarten through grade 12. An existing charter school that
   79  is seeking to become a virtual charter school must amend its
   80  charter or submit a new application pursuant to subsection (6)
   81  to become a virtual charter school. A virtual charter school is
   82  subject to the requirements of this section; however, a virtual
   83  charter school is exempt from subsections (18) and (19),
   84  subparagraphs (20)(a)2., 4., 5., and 7., paragraph (20)(c), and
   85  s. 1003.03. A public school may not use the term charter in its
   86  name unless it has been approved under this section.
   87         (6) APPLICATION PROCESS AND REVIEW.—Charter school
   88  applications are subject to the following requirements:
   89         (a) A person or entity seeking to open a charter school
   90  shall prepare and submit an application on the standard a model
   91  application form prepared by the Department of Education which:
   92         1. Demonstrates how the school will use the guiding
   93  principles and meet the statutorily defined purpose of a charter
   94  school.
   95         2. Provides a detailed curriculum plan that illustrates how
   96  students will be provided services to attain the Sunshine State
   97  Standards.
   98         3. Contains goals and objectives for improving student
   99  learning and measuring that improvement. These goals and
  100  objectives must indicate how much academic improvement students
  101  are expected to show each year, how success will be evaluated,
  102  and the specific results to be attained through instruction.
  103         4. Describes the reading curriculum and differentiated
  104  strategies that will be used for students reading at grade level
  105  or higher and a separate curriculum and strategies for students
  106  who are reading below grade level. A sponsor shall deny an
  107  application if the school does not propose a reading curriculum
  108  that is consistent with effective teaching strategies that are
  109  grounded in scientifically based reading research.
  110         5. Contains an annual financial plan for each year
  111  requested by the charter for operation of the school for up to 5
  112  years. This plan must contain anticipated fund balances based on
  113  revenue projections, a spending plan based on projected revenues
  114  and expenses, and a description of controls that will safeguard
  115  finances and projected enrollment trends.
  116         6. Discloses the name of each applicant, governing board
  117  member, and all proposed education services providers; the name
  118  and sponsor of any charter school operated by each applicant,
  119  each governing board member, and each proposed education
  120  services provider that has closed and the reasons for the
  121  closure; and the academic and financial history of such charter
  122  schools, which the sponsor shall consider in deciding whether to
  123  approve or deny the application.
  124         7. Contains additional information a sponsor may require,
  125  which shall be attached as an addendum to the charter school
  126  application described in this paragraph.
  127         8. For the establishment of a virtual charter school,
  128  documents that the applicant has contracted with a provider of
  129  virtual instruction services pursuant to s. 1002.45(1)(d).
  130         (b) A sponsor shall receive and review all applications for
  131  a charter school using the evaluation instrument developed by
  132  the Department of Education. A sponsor shall receive and
  133  consider charter school applications received on or before
  134  August 1 of each calendar year for charter schools to be opened
  135  at the beginning of the school district’s next school year, or
  136  to be opened at a time agreed to by the applicant and the
  137  sponsor. A sponsor may not refuse to receive a charter school
  138  application submitted before August 1 and may receive an
  139  application submitted later than August 1 if it chooses.
  140  Beginning in 2018 and thereafter, a sponsor shall receive and
  141  consider charter school applications received on or before
  142  February 1 of each calendar year for charter schools to be
  143  opened 18 months later at the beginning of the school district’s
  144  school year, or to be opened at a time agreed to by the
  145  applicant and the sponsor. A sponsor may not refuse to receive a
  146  charter school application submitted before February 1 and may
  147  receive an application submitted later than February 1 if it
  148  chooses. In order to facilitate greater collaboration in the
  149  application process, an applicant may submit a draft charter
  150  school application on or before May 1 with an application fee of
  151  $500. If a draft application is timely submitted, the sponsor
  152  shall review and provide feedback as to material deficiencies in
  153  the application by July 1. The applicant shall then have until
  154  August 1 to resubmit a revised and final application. The
  155  sponsor may approve the draft application. Except as provided
  156  for a draft application, A sponsor may not charge an applicant
  157  for a charter any fee for the processing or consideration of an
  158  application, and a sponsor may not base its consideration or
  159  approval of a final application upon the promise of future
  160  payment of any kind. Before approving or denying any final
  161  application, the sponsor shall allow the applicant, upon receipt
  162  of written notification, at least 7 calendar days to make
  163  technical or nonsubstantive corrections and clarifications,
  164  including, but not limited to, corrections of grammatical,
  165  typographical, and like errors or missing signatures, if such
  166  errors are identified by the sponsor as cause to deny the final
  167  application.
  168         1. In order to facilitate an accurate budget projection
  169  process, a sponsor shall be held harmless for FTE students who
  170  are not included in the FTE projection due to approval of
  171  charter school applications after the FTE projection deadline.
  172  In a further effort to facilitate an accurate budget projection,
  173  within 15 calendar days after receipt of a charter school
  174  application, a sponsor shall report to the Department of
  175  Education the name of the applicant entity, the proposed charter
  176  school location, and its projected FTE.
  177         2. In order to ensure fiscal responsibility, an application
  178  for a charter school shall include a full accounting of expected
  179  assets, a projection of expected sources and amounts of income,
  180  including income derived from projected student enrollments and
  181  from community support, and an expense projection that includes
  182  full accounting of the costs of operation, including start-up
  183  costs.
  184         3.a. A sponsor shall by a majority vote approve or deny an
  185  application no later than 90 60 calendar days after the
  186  application is received, unless the sponsor and the applicant
  187  mutually agree in writing to temporarily postpone the vote to a
  188  specific date, at which time the sponsor shall by a majority
  189  vote approve or deny the application. If the sponsor fails to
  190  act on the application, an applicant may appeal to the State
  191  Board of Education as provided in paragraph (c). If an
  192  application is denied, the sponsor shall, within 10 calendar
  193  days after such denial, articulate in writing the specific
  194  reasons, based upon good cause, supporting its denial of the
  195  application and shall provide the letter of denial and
  196  supporting documentation to the applicant and to the Department
  197  of Education.
  198         b. An application submitted by a high-performing charter
  199  school identified pursuant to s. 1002.331 or a high-performing
  200  charter school system identified pursuant to s. 1002.332 may be
  201  denied by the sponsor only if the sponsor demonstrates by clear
  202  and convincing evidence that:
  203         (I) The application does not materially comply with the
  204  requirements in paragraph (a);
  205         (II) The charter school proposed in the application does
  206  not materially comply with the requirements in paragraphs
  207  (9)(a)-(f);
  208         (III) The proposed charter school’s educational program
  209  does not substantially replicate that of the applicant or one of
  210  the applicant’s high-performing charter schools;
  211         (IV) The applicant has made a material misrepresentation or
  212  false statement or concealed an essential or material fact
  213  during the application process; or
  214         (V) The proposed charter school’s educational program and
  215  financial management practices do not materially comply with the
  216  requirements of this section.
  217  
  218  Material noncompliance is a failure to follow requirements or a
  219  violation of prohibitions applicable to charter school
  220  applications, which failure is quantitatively or qualitatively
  221  significant either individually or when aggregated with other
  222  noncompliance. An applicant is considered to be replicating a
  223  high-performing charter school if the proposed school is
  224  substantially similar to at least one of the applicant’s high
  225  performing charter schools and the organization or individuals
  226  involved in the establishment and operation of the proposed
  227  school are significantly involved in the operation of replicated
  228  schools.
  229         c. If the sponsor denies an application submitted by a
  230  high-performing charter school or a high-performing charter
  231  school system, the sponsor must, within 10 calendar days after
  232  such denial, state in writing the specific reasons, based upon
  233  the criteria in sub-subparagraph b., supporting its denial of
  234  the application and must provide the letter of denial and
  235  supporting documentation to the applicant and to the Department
  236  of Education. The applicant may appeal the sponsor’s denial of
  237  the application in accordance with directly to the State Board
  238  of Education and, if an appeal is filed, must provide a copy of
  239  the appeal to the sponsor pursuant to paragraph (c).
  240         4. For budget projection purposes, the sponsor shall report
  241  to the Department of Education the approval or denial of an
  242  application within 10 calendar days after such approval or
  243  denial. In the event of approval, the report to the Department
  244  of Education shall include the final projected FTE for the
  245  approved charter school.
  246         5. Upon approval of an application, the initial startup
  247  shall commence with the beginning of the public school calendar
  248  for the district in which the charter is granted. A charter
  249  school may defer the opening of the school’s operations for up
  250  to 2 years to provide time for adequate facility planning. The
  251  charter school must provide written notice of such intent to the
  252  sponsor and the parents of enrolled students at least 30
  253  calendar days before the first day of school.
  254         (c)1. An applicant may appeal any denial of that
  255  applicant’s application or failure to act on an application to
  256  the State Board of Education no later than 30 calendar days
  257  after receipt of the sponsor’s decision or failure to act and
  258  shall notify the sponsor of its appeal. Any response of the
  259  sponsor shall be submitted to the State Board of Education
  260  within 30 calendar days after notification of the appeal. Upon
  261  receipt of notification from the State Board of Education that a
  262  charter school applicant is filing an appeal, the Commissioner
  263  of Education shall convene a meeting of the Charter School
  264  Appeal Commission to study and make recommendations to the State
  265  Board of Education regarding its pending decision about the
  266  appeal. The commission shall forward its recommendation to the
  267  state board at least 7 calendar days before the date on which
  268  the appeal is to be heard. An appeal regarding the denial of an
  269  application submitted by a high-performing charter school
  270  pursuant to s. 1002.331 shall be conducted by the State Board of
  271  Education in accordance with this paragraph, except that the
  272  commission shall not convene to make recommendations regarding
  273  the appeal. However, the Commissioner of Education shall review
  274  the appeal and make a recommendation to the state board.
  275         2. The Charter School Appeal Commission or, in the case of
  276  an appeal regarding an application submitted by a high
  277  performing charter school, the State Board of Education may
  278  reject an appeal submission for failure to comply with
  279  procedural rules governing the appeals process. The rejection
  280  shall describe the submission errors. The appellant shall have
  281  15 calendar days after notice of rejection in which to resubmit
  282  an appeal that meets the requirements set forth in State Board
  283  of Education rule. An appeal submitted subsequent to such
  284  rejection is considered timely if the original appeal was filed
  285  within 30 calendar days after receipt of notice of the specific
  286  reasons for the sponsor’s denial of the charter application.
  287         3.a. The State Board of Education shall by majority vote
  288  accept or reject the decision of the sponsor no later than 90
  289  calendar days after an appeal is filed in accordance with State
  290  Board of Education rule. The State Board of Education shall
  291  remand the application to the sponsor with its written decision
  292  that the sponsor approve or deny the application. The sponsor
  293  shall implement the decision of the State Board of Education.
  294  The decision of the State Board of Education is not subject to
  295  the provisions of the Administrative Procedure Act, chapter 120.
  296         b. If an appeal concerns an application submitted by a
  297  high-performing charter school identified pursuant to s.
  298  1002.331 or a high-performing charter school system identified
  299  pursuant to s. 1002.332, the State Board of Education shall
  300  determine whether the sponsor’s denial was in accordance with
  301  sub-subparagraph (b)3.b. sponsor has shown, by clear and
  302  convincing evidence, that:
  303         (I)The application does not materially comply with the
  304  requirements in paragraph (a);
  305         (II)The charter school proposed in the application does
  306  not materially comply with the requirements in paragraphs
  307  (9)(a)-(f);
  308         (III)The proposed charter school’s educational program
  309  does not substantially replicate that of the applicant or one of
  310  the applicant’s high-performing charter schools;
  311         (IV)The applicant has made a material misrepresentation or
  312  false statement or concealed an essential or material fact
  313  during the application process; or
  314         (V)The proposed charter school’s educational program and
  315  financial management practices do not materially comply with the
  316  requirements of this section.
  317  
  318  The State Board of Education shall approve or reject the
  319  sponsor’s denial of an application no later than 90 calendar
  320  days after an appeal is filed in accordance with State Board of
  321  Education rule. The State Board of Education shall remand the
  322  application to the sponsor with its written decision that the
  323  sponsor approve or deny the application. The sponsor shall
  324  implement the decision of the State Board of Education. The
  325  decision of the State Board of Education is not subject to the
  326  Administrative Procedure Act, chapter 120.
  327         (h)The terms and conditions for the operation of a charter
  328  school shall be set forth by the sponsor and the applicant in a
  329  written contractual agreement, called a charter. The sponsor may
  330  not impose unreasonable rules or regulations that violate the
  331  intent of giving charter schools greater flexibility to meet
  332  educational goals. The sponsor has 30 days after approval of the
  333  application to provide an initial proposed charter contract to
  334  the charter school. The applicant and the sponsor have 40 days
  335  thereafter to negotiate and notice the charter contract for
  336  final approval by the sponsor unless both parties agree to an
  337  extension. The proposed charter contract shall be provided to
  338  the charter school at least 7 calendar days prior to the date of
  339  the meeting at which the charter is scheduled to be voted upon
  340  by the sponsor. The Department of Education shall provide
  341  mediation services for any dispute regarding this section
  342  subsequent to the approval of a charter application and for any
  343  dispute relating to the approved charter, except disputes
  344  regarding charter school application denials. If the
  345  Commissioner of Education determines that the dispute cannot be
  346  settled through mediation, the dispute may be appealed to an
  347  administrative law judge appointed by the Division of
  348  Administrative Hearings. The administrative law judge has final
  349  order authority to rule on issues of equitable treatment of the
  350  charter school as a public school, whether proposed provisions
  351  of the charter violate the intended flexibility granted charter
  352  schools by statute, or on any other matter regarding this
  353  section except a charter school application denial, a charter
  354  termination, or a charter nonrenewal and shall award the
  355  prevailing party reasonable attorney’s fees and costs incurred
  356  to be paid by the losing party. The costs of the administrative
  357  hearing shall be paid by the party whom the administrative law
  358  judge rules against.
  359         (7) CHARTER.—The terms and conditions for the operation of
  360  a charter school shall be set forth by the sponsor and the
  361  applicant in a written contractual agreement, called a charter.
  362  The sponsor and the governing board of the charter school shall
  363  use the standard charter contract pursuant to subsection (21),
  364  which shall incorporate the approved application and any addenda
  365  approved with the application. Any term or condition of a
  366  proposed charter contract that differs from the standard charter
  367  contract adopted by rule of the State Board of Education shall
  368  be presumed a limitation on charter school flexibility. The
  369  sponsor may not impose unreasonable rules or regulations that
  370  violate the intent of giving charter schools greater flexibility
  371  to meet educational goals The major issues involving the
  372  operation of a charter school shall be considered in advance and
  373  written into the charter. The charter shall be signed by the
  374  governing board of the charter school and the sponsor, following
  375  a public hearing to ensure community input.
  376         (a) The charter shall address and criteria for approval of
  377  the charter shall be based on:
  378         1. The school’s mission, the students to be served, and the
  379  ages and grades to be included.
  380         2. The focus of the curriculum, the instructional methods
  381  to be used, any distinctive instructional techniques to be
  382  employed, and identification and acquisition of appropriate
  383  technologies needed to improve educational and administrative
  384  performance which include a means for promoting safe, ethical,
  385  and appropriate uses of technology which comply with legal and
  386  professional standards.
  387         a. The charter shall ensure that reading is a primary focus
  388  of the curriculum and that resources are provided to identify
  389  and provide specialized instruction for students who are reading
  390  below grade level. The curriculum and instructional strategies
  391  for reading must be consistent with the Next Generation Sunshine
  392  State Standards and grounded in scientifically based reading
  393  research.
  394         b. In order to provide students with access to diverse
  395  instructional delivery models, to facilitate the integration of
  396  technology within traditional classroom instruction, and to
  397  provide students with the skills they need to compete in the
  398  21st century economy, the Legislature encourages instructional
  399  methods for blended learning courses consisting of both
  400  traditional classroom and online instructional techniques.
  401  Charter schools may implement blended learning courses which
  402  combine traditional classroom instruction and virtual
  403  instruction. Students in a blended learning course must be full-
  404  time students of the charter school pursuant to s.
  405  1011.61(1)(a)1. and receive the online instruction in a
  406  classroom setting at the charter school. Instructional personnel
  407  certified pursuant to s. 1012.55 who provide virtual instruction
  408  for blended learning courses may be employees of the charter
  409  school or may be under contract to provide instructional
  410  services to charter school students. At a minimum, such
  411  instructional personnel must hold an active state or school
  412  district adjunct certification under s. 1012.57 for the subject
  413  area of the blended learning course. The funding and performance
  414  accountability requirements for blended learning courses are the
  415  same as those for traditional courses.
  416         3. The current incoming baseline standard of student
  417  academic achievement, the outcomes to be achieved, and the
  418  method of measurement that will be used. The criteria listed in
  419  this subparagraph shall include a detailed description of:
  420         a. How the baseline student academic achievement levels and
  421  prior rates of academic progress will be established.
  422         b. How these baseline rates will be compared to rates of
  423  academic progress achieved by these same students while
  424  attending the charter school.
  425         c. To the extent possible, how these rates of progress will
  426  be evaluated and compared with rates of progress of other
  427  closely comparable student populations.
  428  
  429  The district school board is required to provide academic
  430  student performance data to charter schools for each of their
  431  students coming from the district school system, as well as
  432  rates of academic progress of comparable student populations in
  433  the district school system.
  434         4. The methods used to identify the educational strengths
  435  and needs of students and how well educational goals and
  436  performance standards are met by students attending the charter
  437  school. The methods shall provide a means for the charter school
  438  to ensure accountability to its constituents by analyzing
  439  student performance data and by evaluating the effectiveness and
  440  efficiency of its major educational programs. Students in
  441  charter schools shall, at a minimum, participate in the
  442  statewide assessment program created under s. 1008.22.
  443         5. In secondary charter schools, a method for determining
  444  that a student has satisfied the requirements for graduation in
  445  s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
  446         6. A method for resolving conflicts between the governing
  447  board of the charter school and the sponsor.
  448         7. The admissions procedures and dismissal procedures,
  449  including the school’s code of student conduct. Admission or
  450  dismissal must not be based on a student’s academic performance.
  451         8. The ways by which the school will achieve a
  452  racial/ethnic balance reflective of the community it serves or
  453  within the racial/ethnic range of other public schools in the
  454  same school district.
  455         9. The financial and administrative management of the
  456  school, including a reasonable demonstration of the professional
  457  experience or competence of those individuals or organizations
  458  applying to operate the charter school or those hired or
  459  retained to perform such professional services and the
  460  description of clearly delineated responsibilities and the
  461  policies and practices needed to effectively manage the charter
  462  school. A description of internal audit procedures and
  463  establishment of controls to ensure that financial resources are
  464  properly managed must be included. Both public sector and
  465  private sector professional experience shall be equally valid in
  466  such a consideration.
  467         10. The asset and liability projections required in the
  468  application which are incorporated into the charter and shall be
  469  compared with information provided in the annual report of the
  470  charter school.
  471         11. A description of procedures that identify various risks
  472  and provide for a comprehensive approach to reduce the impact of
  473  losses; plans to ensure the safety and security of students and
  474  staff; plans to identify, minimize, and protect others from
  475  violent or disruptive student behavior; and the manner in which
  476  the school will be insured, including whether or not the school
  477  will be required to have liability insurance, and, if so, the
  478  terms and conditions thereof and the amounts of coverage.
  479         12. The term of the charter which shall provide for
  480  cancellation of the charter if insufficient progress has been
  481  made in attaining the student achievement objectives of the
  482  charter and if it is not likely that such objectives can be
  483  achieved before expiration of the charter. The initial term of a
  484  charter shall be for 4 or 5 years. In order to facilitate access
  485  to long-term financial resources for charter school
  486  construction, charter schools that are operated by a
  487  municipality or other public entity as provided by law are
  488  eligible for up to a 15-year charter, subject to approval by the
  489  district school board. A charter lab school is eligible for a
  490  charter for a term of up to 15 years. In addition, to facilitate
  491  access to long-term financial resources for charter school
  492  construction, charter schools that are operated by a private,
  493  not-for-profit, s. 501(c)(3) status corporation are eligible for
  494  up to a 15-year charter, subject to approval by the district
  495  school board. Such long-term charters remain subject to annual
  496  review and may be terminated during the term of the charter, but
  497  only according to the provisions set forth in subsection (8).
  498         13. The facilities to be used and their location. The
  499  sponsor may not require a charter school to have a certificate
  500  of occupancy or a temporary certificate of occupancy for such a
  501  facility earlier than 15 calendar days before the first day of
  502  school.
  503         14. The qualifications to be required of the teachers and
  504  the potential strategies used to recruit, hire, train, and
  505  retain qualified staff to achieve best value.
  506         15. The governance structure of the school, including the
  507  status of the charter school as a public or private employer as
  508  required in paragraph (12)(i).
  509         16. A timetable for implementing the charter which
  510  addresses the implementation of each element thereof and the
  511  date by which the charter shall be awarded in order to meet this
  512  timetable.
  513         17. In the case of an existing public school that is being
  514  converted to charter status, alternative arrangements for
  515  current students who choose not to attend the charter school and
  516  for current teachers who choose not to teach in the charter
  517  school after conversion in accordance with the existing
  518  collective bargaining agreement or district school board rule in
  519  the absence of a collective bargaining agreement. However,
  520  alternative arrangements shall not be required for current
  521  teachers who choose not to teach in a charter lab school, except
  522  as authorized by the employment policies of the state university
  523  which grants the charter to the lab school.
  524         18. Full disclosure of the identity of all relatives
  525  employed by the charter school who are related to the charter
  526  school owner, president, chairperson of the governing board of
  527  directors, superintendent, governing board member, principal,
  528  assistant principal, or any other person employed by the charter
  529  school who has equivalent decisionmaking authority. For the
  530  purpose of this subparagraph, the term “relative” means father,
  531  mother, son, daughter, brother, sister, uncle, aunt, first
  532  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  533  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  534  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  535  stepsister, half brother, or half sister.
  536         19. Implementation of the activities authorized under s.
  537  1002.331 by the charter school when it satisfies the eligibility
  538  requirements for a high-performing charter school. A high
  539  performing charter school shall notify its sponsor in writing by
  540  March 1 if it intends to increase enrollment or expand grade
  541  levels the following school year. The written notice shall
  542  specify the amount of the enrollment increase and the grade
  543  levels that will be added, as applicable.
  544         (b)The sponsor has 30 days after approval of the
  545  application to provide an initial proposed charter contract to
  546  the charter school. The applicant and the sponsor have 40 days
  547  thereafter to negotiate and notice the charter contract for
  548  final approval by the sponsor unless both parties agree to an
  549  extension. The proposed charter contract shall be provided to
  550  the charter school at least 7 calendar days before the date of
  551  the meeting at which the charter is scheduled to be voted upon
  552  by the sponsor. The Department of Education shall provide
  553  mediation services for any dispute regarding this section
  554  subsequent to the approval of a charter application and for any
  555  dispute relating to the approved charter, except a dispute
  556  regarding a charter school application denial. If the
  557  Commissioner of Education determines that the dispute cannot be
  558  settled through mediation, the dispute may be appealed to an
  559  administrative law judge appointed by the Division of
  560  Administrative Hearings. The administrative law judge has final
  561  order authority to rule on issues of equitable treatment of the
  562  charter school as a public school, whether proposed provisions
  563  of the charter violate the intended flexibility granted charter
  564  schools by statute, or any other matter regarding this section,
  565  except a dispute regarding charter school application denial, a
  566  charter termination, or a charter nonrenewal. The administrative
  567  law judge shall award the prevailing party reasonable attorney
  568  fees and costs incurred during the mediation process,
  569  administrative proceeding, and any appeals, to be paid by the
  570  party whom the administrative law judge rules against.
  571         (c)(b)1. A charter may be renewed provided that a program
  572  review demonstrates that the criteria in paragraph (a) have been
  573  successfully accomplished and that none of the grounds for
  574  nonrenewal established by paragraph (8)(a) has been documented.
  575  In order to facilitate long-term financing for charter school
  576  construction, charter schools operating for a minimum of 3 years
  577  and demonstrating exemplary academic programming and fiscal
  578  management are eligible for a 15-year charter renewal. Such
  579  long-term charter is subject to annual review and may be
  580  terminated during the term of the charter.
  581         2. The 15-year charter renewal that may be granted pursuant
  582  to subparagraph 1. shall be granted to a charter school that has
  583  received a school grade of “A” or “B” pursuant to s. 1008.34 in
  584  3 of the past 4 years and is not in a state of financial
  585  emergency or deficit position as defined by this section. Such
  586  long-term charter is subject to annual review and may be
  587  terminated during the term of the charter pursuant to subsection
  588  (8).
  589         (d)(c) A charter may be modified during its initial term or
  590  any renewal term upon the recommendation of the sponsor or the
  591  charter school’s governing board and the approval of both
  592  parties to the agreement. Modification may include, but is not
  593  limited to, consolidation of multiple charters into a single
  594  charter if the charters are operated under the same governing
  595  board and physically located on the same campus, regardless of
  596  the renewal cycle.
  597         (e)(d) A charter may be terminated by a charter school’s
  598  governing board through voluntary closure. The decision to cease
  599  operations must be determined at a public meeting. The governing
  600  board shall notify the parents and sponsor of the public meeting
  601  in writing before the public meeting. The governing board must
  602  notify the sponsor, parents of enrolled students, and the
  603  department in writing within 24 hours after the public meeting
  604  of its determination. The notice shall state the charter
  605  school’s intent to continue operations or the reason for the
  606  closure and acknowledge that the governing board agrees to
  607  follow the procedures for dissolution and reversion of public
  608  funds pursuant to paragraphs (8)(e)-(g) and (9)(o).
  609         (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.—
  610         (b) At least 90 days before prior to renewing, nonrenewing,
  611  or terminating a charter, the sponsor shall notify the governing
  612  board of the school of the proposed action in writing. The
  613  notice shall state in reasonable detail the grounds for the
  614  proposed action and stipulate that the school’s governing board
  615  may, within 14 calendar days after receiving the notice, request
  616  a hearing. The hearing shall be conducted at the sponsor’s
  617  election in accordance with one of the following procedures:
  618         1. A direct hearing conducted by the sponsor within 60 days
  619  after receipt of the request for a hearing. The hearing shall be
  620  conducted in accordance with ss. 120.569 and 120.57. The sponsor
  621  shall decide upon nonrenewal or termination by a majority vote.
  622  The sponsor’s decision shall be a final order; or
  623         2. A hearing conducted by an administrative law judge
  624  assigned by the Division of Administrative Hearings. The hearing
  625  shall be conducted within 60 days after receipt of the request
  626  for a hearing and in accordance with chapter 120. The
  627  administrative law judge’s recommended order shall be submitted
  628  to the sponsor. A majority vote by the sponsor shall be required
  629  to adopt or modify the administrative law judge’s recommended
  630  order. The sponsor shall issue a final order.
  631         (10) ELIGIBLE STUDENTS.—
  632         (a) A charter school may be exempt from the requirements of
  633  s. 1002.31 if the school is shall be open to any student covered
  634  in an interdistrict agreement and any student or residing in the
  635  school district in which the charter school is located.;
  636  However, in the case of a charter lab school, the charter lab
  637  school shall be open to any student eligible to attend the lab
  638  school as provided in s. 1002.32 or who resides in the school
  639  district in which the charter lab school is located. Any
  640  eligible student shall be allowed interdistrict transfer to
  641  attend a charter school when based on good cause. Good cause
  642  shall include, but is not limited to, geographic proximity to a
  643  charter school in a neighboring school district.
  644         (12) EMPLOYEES OF CHARTER SCHOOLS.—
  645         (h) For the purposes of tort liability, the charter school,
  646  including its governing body and employees, of a charter school
  647  shall be governed by s. 768.28. This paragraph does not include
  648  any for-profit entity contracted by the charter school or its
  649  governing body.
  650         (13) CHARTER SCHOOL COOPERATIVES.—Charter schools may enter
  651  into cooperative agreements to form charter school cooperative
  652  organizations that may provide the following services to further
  653  educational, operational, and administrative initiatives in
  654  which the participating charter schools share common interests:
  655  charter school planning and development, direct instructional
  656  services, and contracts with charter school governing boards to
  657  provide personnel administrative services, payroll services,
  658  human resource management, evaluation and assessment services,
  659  teacher preparation, and professional development.
  660         (17) FUNDING.—Students enrolled in a charter school,
  661  regardless of the sponsorship, shall be funded as if they are in
  662  a basic program or a special program, the same as students
  663  enrolled in other public schools in the school district. Funding
  664  for a charter lab school shall be as provided in s. 1002.32.
  665         (b) The basis for the agreement for funding students
  666  enrolled in a charter school shall be the sum of the school
  667  district’s operating funds from the Florida Education Finance
  668  Program as provided in s. 1011.62 and the General Appropriations
  669  Act, including gross state and local funds, discretionary
  670  lottery funds, and funds from the school district’s current
  671  operating discretionary millage levy; divided by total funded
  672  weighted full-time equivalent students in the school district;
  673  multiplied by the weighted full-time equivalent students for the
  674  charter school. Charter schools whose students or programs meet
  675  the eligibility criteria in law are entitled to their
  676  proportionate share of categorical program funds included in the
  677  total funds available in the Florida Education Finance Program
  678  by the Legislature, including transportation, the research-based
  679  reading allocation, and the Florida digital classrooms
  680  allocation. Total funding for each charter school shall be
  681  recalculated during the year to reflect the revised calculations
  682  under the Florida Education Finance Program by the state and the
  683  actual weighted full-time equivalent students reported by the
  684  charter school during the full-time equivalent student survey
  685  periods designated by the Commissioner of Education. For charter
  686  schools operated by a not-for-profit or municipal entity, any
  687  unrestricted surplus operating funds, unrestricted surplus
  688  capital outlay funds, or unrestricted net assets identified in
  689  the charter school’s annual audit may be used for other charter
  690  schools in the district operated by the not-for-profit or
  691  municipal entity. Unrestricted surplus operating funds shall be
  692  used in accordance with s. 1011.62, and unrestricted surplus
  693  capital outlay funds shall be used in accordance with s.
  694  1013.62(2).
  695         (c) If the district school board is providing programs or
  696  services to students funded by federal funds, any eligible
  697  students enrolled in charter schools in the school district
  698  shall be provided federal funds for the same level of service
  699  provided students in the schools operated by the district school
  700  board. Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all
  701  charter schools shall receive all federal funding for which the
  702  school is otherwise eligible, including Title I funding, not
  703  later than 5 months after the charter school first opens and
  704  within 5 months after any subsequent expansion of enrollment.
  705  Unless otherwise mutually agreed to by the charter school and
  706  its sponsor, and consistent with state and federal rules and
  707  regulations governing the use and disbursement of federal funds,
  708  the sponsor shall reimburse the charter school on a monthly
  709  basis for all invoices submitted by the charter school for
  710  federal funds available to the sponsor for the benefit of the
  711  charter school, the charter school’s students, and the charter
  712  school’s students as public school students in the school
  713  district. Such federal funds include, but are not limited to,
  714  Title I, Title II, and Individuals with Disabilities Education
  715  Act (IDEA) funds. To receive timely reimbursement for an
  716  invoice, the charter school must submit the invoice to the
  717  sponsor at least 30 days before the monthly date of
  718  reimbursement set by the sponsor. In order to be reimbursed, any
  719  expenditures made by the charter school must comply with all
  720  applicable state rules and federal regulations, including, but
  721  not limited to, the applicable federal Office of Management and
  722  Budget Circulars; the federal Education Department General
  723  Administrative Regulations; and program-specific statutes,
  724  rules, and regulations. Such funds may not be made available to
  725  the charter school until a plan is submitted to the sponsor for
  726  approval of the use of the funds in accordance with applicable
  727  federal requirements. The sponsor has 30 days to review and
  728  approve any plan submitted pursuant to this paragraph.
  729         (18) FACILITIES.—
  730         (c) Any facility, or portion thereof, used to house a
  731  charter school whose charter has been approved by the sponsor
  732  and the governing board, pursuant to subsection (7), shall be
  733  exempt from ad valorem taxes pursuant to s. 196.1983. Library,
  734  community service, museum, performing arts, theatre, cinema,
  735  church, Florida College System institution, college, and
  736  university facilities may provide space to charter schools
  737  within their facilities under their preexisting zoning and land
  738  use designations without obtaining a special exception,
  739  rezoning, a land use charter, or any other form of approval.
  740         (20) SERVICES.—
  741         (a)1. A sponsor shall provide certain administrative and
  742  educational services to charter schools. These services shall
  743  include contract management services; full-time equivalent and
  744  data reporting services; exceptional student education
  745  administration services; services related to eligibility and
  746  reporting duties required to ensure that school lunch services
  747  under the federal lunch program, consistent with the needs of
  748  the charter school, are provided by the school district at the
  749  request of the charter school, that any funds due to the charter
  750  school under the federal lunch program be paid to the charter
  751  school as soon as the charter school begins serving food under
  752  the federal lunch program, and that the charter school is paid
  753  at the same time and in the same manner under the federal lunch
  754  program as other public schools serviced by the sponsor or the
  755  school district; test administration services, including payment
  756  of the costs of state-required or district-required student
  757  assessments; processing of teacher certificate data services;
  758  and information services, including equal access to student
  759  information systems that are used by public schools in the
  760  district in which the charter school is located. Student
  761  performance data for each student in a charter school,
  762  including, but not limited to, FCAT scores, standardized test
  763  scores, previous public school student report cards, and student
  764  performance measures, shall be provided by the sponsor to a
  765  charter school in the same manner provided to other public
  766  schools in the district.
  767         2. A sponsor may withhold an administrative fee for the
  768  provision of such services which shall be a percentage of the
  769  available funds defined in paragraph (17)(b) calculated based on
  770  weighted full-time equivalent students. If the charter school
  771  serves 75 percent or more exceptional education students as
  772  defined in s. 1003.01(3), the percentage shall be calculated
  773  based on unweighted full-time equivalent students. The
  774  administrative fee shall be calculated as follows:
  775         a.Up to 5 percent for:
  776         (I)Enrollment of up to and including 250 students in a
  777  charter school as defined in this section.
  778         (II)Enrollment of up to and including 500 students within
  779  a charter school system which meets all of the following:
  780         (A)Includes conversion charter schools and nonconversion
  781  charter schools.
  782         (B)Has all of its schools located in the same county.
  783         (C)Has a total enrollment exceeding the total enrollment
  784  of at least one school district in the state.
  785         (D)Has the same governing board for all of its schools.
  786         (E)Does not contract with a for-profit service provider
  787  for management of school operations.
  788         (III)Enrollment of up to and including 250 students in a
  789  virtual charter school.
  790         b.Up to 2 percent for enrollment of up to and including
  791  250 students in a high-performing charter school as defined in
  792  s. 1002.331.
  793         3.A sponsor may not charge charter schools any additional
  794  fees or surcharges for administrative and educational services
  795  in addition to the maximum percentage of administrative fees
  796  withheld pursuant to this paragraph A total administrative fee
  797  for the provision of such services shall be calculated based
  798  upon up to 5 percent of the available funds defined in paragraph
  799  (17)(b) for all students, except that when 75 percent or more of
  800  the students enrolled in the charter school are exceptional
  801  students as defined in s. 1003.01(3), the 5 percent of those
  802  available funds shall be calculated based on unweighted full
  803  time equivalent students. However, a sponsor may only withhold
  804  up to a 5-percent administrative fee for enrollment for up to
  805  and including 250 students. For charter schools with a
  806  population of 251 or more students, the difference between the
  807  total administrative fee calculation and the amount of the
  808  administrative fee withheld may only be used for capital outlay
  809  purposes specified in s. 1013.62(3).
  810         3.For high-performing charter schools, as defined in s.
  811  1002.331, a sponsor may withhold a total administrative fee of
  812  up to 2 percent for enrollment up to and including 250 students
  813  per school.
  814         4.In addition, a sponsor may withhold only up to a 5
  815  percent administrative fee for enrollment for up to and
  816  including 500 students within a system of charter schools which
  817  meets all of the following:
  818         a.Includes both conversion charter schools and
  819  nonconversion charter schools;
  820         b.Has all schools located in the same county;
  821         c.Has a total enrollment exceeding the total enrollment of
  822  at least one school district in the state;
  823         d.Has the same governing board; and
  824         e.Does not contract with a for-profit service provider for
  825  management of school operations.
  826         5.The difference between the total administrative fee
  827  calculation and the amount of the administrative fee withheld
  828  pursuant to subparagraph 4. may be used for instructional and
  829  administrative purposes as well as for capital outlay purposes
  830  specified in s. 1013.62(3).
  831         6.For a high-performing charter school system that also
  832  meets the requirements in subparagraph 4., a sponsor may
  833  withhold a 2-percent administrative fee for enrollments up to
  834  and including 500 students per system.
  835         7.Sponsors shall not charge charter schools any additional
  836  fees or surcharges for administrative and educational services
  837  in addition to the maximum 5-percent administrative fee withheld
  838  pursuant to this paragraph.
  839         8.The sponsor of a virtual charter school may withhold a
  840  fee of up to 5 percent. The funds shall be used to cover the
  841  cost of services provided under subparagraph 1. and
  842  implementation of the school district’s digital classrooms plan
  843  pursuant to s. 1011.62.
  844         (b) If goods and services are made available to the charter
  845  school through the contract with the school district, they shall
  846  be provided to the charter school at a rate no greater than the
  847  district’s actual cost unless mutually agreed upon by the
  848  charter school and the sponsor in a contract negotiated
  849  separately from the charter. When mediation has failed to
  850  resolve disputes over contracted services or contractual matters
  851  not included in the charter, an appeal may be made for a dispute
  852  resolution hearing before the Charter School Appeal Commission.
  853  To maximize the use of state funds, school districts shall allow
  854  charter schools to participate in the sponsor’s bulk purchasing
  855  program if applicable.
  856         (c) Transportation of charter school students shall be
  857  provided by the charter school consistent with the requirements
  858  of subpart I.E. of chapter 1006 and s. 1012.45. The governing
  859  body of the charter school may provide transportation through an
  860  agreement or contract with the district school board, a private
  861  provider, or parents. The charter school and the sponsor shall
  862  cooperate in making arrangements that ensure that transportation
  863  is not a barrier to equal access for all students residing
  864  within a reasonable distance of the charter school as determined
  865  in its charter.
  866         (d)Each charter school shall annually complete and submit
  867  a survey, provided in a format specified by the Department of
  868  Education, to rate the timeliness and quality of services
  869  provided by the district in accordance with this section. The
  870  department shall compile the results, by district, and include
  871  the results in the report required under sub-sub-subparagraph
  872  (5)(b)1.k.(III).
  873         (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.—
  874         (a) The Department of Education shall provide information
  875  to the public, directly and through sponsors, on how to form and
  876  operate a charter school and how to enroll in a charter school
  877  once it is created. This information shall include the standard
  878  a model application form, standard charter contract, standard
  879  evaluation instrument, and standard charter renewal contract,
  880  which shall include the information specified in subsection (7)
  881  and shall be developed by consulting and negotiating with both
  882  school districts and charter schools before implementation. The
  883  charter and charter renewal contracts shall be used by charter
  884  school sponsors.
  885         (b)1. The Department of Education shall report to each
  886  charter school receiving a school grade pursuant to s. 1008.34
  887  or a school improvement rating pursuant to s. 1008.341 the
  888  school’s student assessment data.
  889         2. The charter school shall report the information in
  890  subparagraph 1. to each parent of a student at the charter
  891  school, the parent of a child on a waiting list for the charter
  892  school, the district in which the charter school is located, and
  893  the governing board of the charter school. This paragraph does
  894  not abrogate the provisions of s. 1002.22, relating to student
  895  records, or the requirements of 20 U.S.C. s. 1232g, the Family
  896  Educational Rights and Privacy Act.
  897         3.a.Pursuant to this paragraph, the Department of
  898  Education shall compare the charter school student performance
  899  data for each charter school in subparagraph 1. with the student
  900  performance data in traditional public schools in the district
  901  in which the charter school is located and other charter schools
  902  in the state. For alternative charter schools, the department
  903  shall compare the student performance data described in this
  904  paragraph with all alternative schools in the state. The
  905  comparative data shall be provided by the following grade
  906  groupings:
  907         (I)Grades 3 through 5;
  908         (II)Grades 6 through 8; and
  909         (III)Grades 9 through 11.
  910         b.Each charter school shall provide the information
  911  specified in this paragraph on its Internet website and also
  912  provide notice to the public at large in a manner provided by
  913  the rules of the State Board of Education. The State Board of
  914  Education shall adopt rules to administer the notice
  915  requirements of this subparagraph pursuant to ss. 120.536(1) and
  916  120.54. The website shall include, through links or actual
  917  content, other information related to school performance.
  918         (25) LOCAL EDUCATIONAL AGENCY STATUS FOR CERTAIN CHARTER
  919  SCHOOL SYSTEMS.—
  920         (a) A charter school system’s governing board shall be
  921  designated a local educational agency for the purpose of
  922  receiving federal funds, the same as though the charter school
  923  system were a school district, if the governing board of the
  924  charter school system has adopted and filed a resolution with
  925  its sponsoring district school board and the Department of
  926  Education in which the governing board of the charter school
  927  system accepts the full responsibility for all local education
  928  agency requirements and the charter school system meets all of
  929  the following:
  930         (a)Includes both conversion charter schools and
  931  nonconversion charter schools;
  932         1.(b) Has all schools located in the same county;
  933         2.(c) Has a total enrollment exceeding the total enrollment
  934  of at least one school district in the state; and
  935         3.(d) Has the same governing board.; and
  936         (b)A charter school system’s governing board may be
  937  designated a local educational agency for the purpose of
  938  receiving federal funds for all schools within a school district
  939  that are established pursuant to s. 1008.33 and are under the
  940  jurisdiction of the governing board. The governing board must
  941  adopt and file a resolution with its sponsoring district school
  942  board and the Department of Education and accept full
  943  responsibility for all local educational agency requirements.
  944         (e)Does not contract with a for-profit service provider
  945  for management of school operations.
  946  
  947  Such designation does not apply to other provisions unless
  948  specifically provided in law.
  949         (28) RULEMAKING.—The Department of Education, after
  950  consultation with school districts and charter school directors,
  951  shall recommend that the State Board of Education adopt rules to
  952  implement specific subsections of this section. Such rules shall
  953  require minimum paperwork and shall not limit charter school
  954  flexibility authorized by statute. The State Board of Education
  955  shall adopt rules, pursuant to ss. 120.536(1) and 120.54, to
  956  implement a standard charter model application form, standard
  957  application form for the replication of charter schools in a
  958  high-performing charter school system, standard evaluation
  959  instrument, and standard charter and charter renewal contracts
  960  in accordance with this section.
  961         Section 2. Paragraph (b) of subsection (2) of section
  962  1002.3305, Florida Statutes, is amended to read:
  963         1002.3305 College-preparatory Boarding Academy Pilot
  964  Program for at-risk students.—
  965         (2) DEFINITIONS.—As used in this section, the term:
  966         (b) “Eligible student” means a student who is a resident of
  967  the state and entitled to attend school in a participating
  968  school district, is at risk of academic failure, is currently
  969  enrolled in grade 5-12, if it is determined by the operator that
  970  a seat is available grade 5 or 6, is from a family whose gross
  971  income is at or below 200 percent of the federal poverty
  972  guidelines, is eligible for benefits or services funded by
  973  Temporary Assistance for Needy Families (TANF) or Title IV-E of
  974  the Social Security Act, and meets at least one of the following
  975  additional risk factors:
  976         1. The child is in foster care or has been declared an
  977  adjudicated dependent by a court.
  978         2. The student’s head of household is not the student’s
  979  custodial parent.
  980         3. The student resides in a household that receives a
  981  housing voucher or has been determined eligible for public
  982  housing assistance.
  983         4. A member of the student’s immediate family has been
  984  incarcerated.
  985         5. The child is covered under the terms of the state’s
  986  Child Welfare Waiver Demonstration project with the United
  987  States Department of Health and Human Services.
  988         Section 3. Subsection (3) of section 1002.331, Florida
  989  Statutes, is amended to read:
  990         1002.331 High-performing charter schools.—
  991         (3)(a)1. A high-performing charter school may submit an
  992  application pursuant to s. 1002.33(6) in any school district in
  993  the state to establish and operate a new charter school that
  994  will substantially replicate its educational program. An
  995  application submitted by a high-performing charter school must
  996  state that the application is being submitted pursuant to this
  997  paragraph and must include the verification letter provided by
  998  the Commissioner of Education pursuant to subsection (4).
  999         2. If the sponsor fails to act on the application within 90
 1000  60 days after receipt, the application is deemed approved and
 1001  the procedure in s. 1002.33(7) 1002.33(6)(h) applies. If the
 1002  sponsor denies the application, the high-performing charter
 1003  school may appeal pursuant to s. 1002.33(6).
 1004         (b) A high-performing charter school may not establish more
 1005  than one charter school within the state under paragraph (a) in
 1006  any year. A subsequent application to establish a charter school
 1007  under paragraph (a) may not be submitted unless each charter
 1008  school established in this manner achieves high-performing
 1009  charter school status. However, a high-performing charter school
 1010  may establish more than one charter school within the state
 1011  under paragraph (a) in any year if it operates in the area of a
 1012  persistently low-performing school and serves students from that
 1013  school.
 1014         Section 4. Paragraph (b) of subsection (2) of section
 1015  1002.332, Florida Statutes is amended, and paragraph (c) is
 1016  added to that subsection, to read:
 1017         1002.332 High-performing charter school system.—
 1018         (2)(b) A high-performing charter school system may
 1019  replicate its high-performing charter schools in any school
 1020  district in the state. The applicant must submit an application
 1021  using the standard application form prepared by the Department
 1022  of Education which:
 1023         1.Contains goals and objectives for improving student
 1024  learning and a process for measuring student improvement. These
 1025  goals and objectives must indicate how much academic improvement
 1026  students are expected to demonstrate each year, how success will
 1027  be evaluated, and the specific results to be attained through
 1028  instruction.
 1029         2.Contains an annual financial plan for each year
 1030  requested by the charter for operation of the school for up to 5
 1031  years. This plan must contain anticipated fund balances based on
 1032  revenue projections, a spending plan based on projected revenue
 1033  and expenses, and a description of controls that will safeguard
 1034  finances and projected enrollment trends.
 1035         3.Discloses the name of each applicant, governing board
 1036  member, and all proposed education services providers; the name
 1037  and sponsor of any charter school operated by each applicant,
 1038  each governing board member, and each proposed education
 1039  services provider that has closed and the reasons for the
 1040  closure; and the academic and financial history of such charter
 1041  schools, which the sponsor shall consider when deciding whether
 1042  to approve or deny the application.
 1043         (c)An application submitted by a high-performing charter
 1044  school system must state that the application is being submitted
 1045  pursuant to this section and must include the verification
 1046  letter provided by the Commissioner of Education pursuant to
 1047  this subsection. If the sponsor fails to act on the application
 1048  within 90 days after receipt, the application is deemed approved
 1049  and the procedure in s. 1002.33(7) applies pursuant to s.
 1050  1002.331(3).
 1051         Section 5. Subsection (1) of section 1003.498, Florida
 1052  Statutes, is amended to read:
 1053         1003.498 School district virtual course offerings.—
 1054         (1) School districts may deliver courses in the traditional
 1055  school setting by personnel certified pursuant to s. 1012.55 who
 1056  provide direct instruction through virtual instruction or
 1057  through blended learning courses consisting of both traditional
 1058  classroom and online instructional techniques. Students in a
 1059  blended learning course must be full-time students of the school
 1060  pursuant to s. 1011.61(1)(a)1. and receive the online
 1061  instruction in a classroom setting at the school. The funding,
 1062  performance, and accountability requirements for blended
 1063  learning courses are the same as those for traditional courses.
 1064  To facilitate the delivery and coding of blended learning
 1065  courses, the department shall provide identifiers for existing
 1066  courses to designate that they are being used for blended
 1067  learning courses for the purpose of ensuring the efficient
 1068  reporting of such courses. A district may report full-time
 1069  equivalent student membership for credit earned by a student who
 1070  is enrolled in a virtual education course provided by the
 1071  district which is completed after the end of the regular school
 1072  year if the FTE is reported no later than the deadline for
 1073  amending the final student membership report for that year.
 1074         Section 6. Subsection (5), paragraph (j) of subsection (6),
 1075  and paragraph (a) of subsection (8) of section 1007.35, Florida
 1076  Statutes, are amended to read:
 1077         1007.35 Florida Partnership for Minority and
 1078  Underrepresented Student Achievement.—
 1079         (5) Each public high school, including, but not limited to,
 1080  schools and alternative sites and centers of the Department of
 1081  Juvenile Justice, shall provide for the administration of the
 1082  Preliminary SAT/National Merit Scholarship Qualifying Test
 1083  (PSAT/NMSQT), or the preliminary ACT Aspire to all enrolled 10th
 1084  grade students. However, a written notice shall be provided to
 1085  each parent which must that shall include the opportunity to
 1086  exempt his or her child from taking the PSAT/NMSQT or the
 1087  preliminary ACT Aspire.
 1088         (a) Test results will provide each high school with a
 1089  database of student assessment data which certified school
 1090  counselors will use to identify students who are prepared or who
 1091  need additional work to be prepared to enroll and be successful
 1092  in AP courses or other advanced high school courses.
 1093         (b) Funding for the PSAT/NMSQT or the preliminary ACT
 1094  Aspire for all 10th grade students shall be contingent upon
 1095  annual funding in the General Appropriations Act.
 1096         (c) Public school districts must choose either the
 1097  PSAT/NMSQT or the preliminary ACT Aspire for districtwide
 1098  administration.
 1099         (6) The partnership shall:
 1100         (j) Provide information to students, parents, teachers,
 1101  counselors, administrators, districts, Florida College System
 1102  institutions, and state universities regarding PSAT/NMSQT or the
 1103  preliminary ACT Aspire administration, including, but not
 1104  limited to:
 1105         1. Test administration dates and times.
 1106         2. That participation in the PSAT/NMSQT or the preliminary
 1107  ACT Aspire is open to all 10th grade students.
 1108         3. The value of such tests in providing diagnostic feedback
 1109  on student skills.
 1110         4. The value of student scores in predicting the
 1111  probability of success on AP or other advanced course
 1112  examinations.
 1113         (8)(a) By September 30 of each year, the partnership shall
 1114  submit to the department a report that contains an evaluation of
 1115  the effectiveness of the delivered services and activities.
 1116  Activities and services must be evaluated on their effectiveness
 1117  at raising student achievement and increasing the number of AP
 1118  or other advanced course examinations in low-performing middle
 1119  and high schools. Other indicators that must be addressed in the
 1120  evaluation report include the number of middle and high school
 1121  teachers trained; the effectiveness of the training; measures of
 1122  postsecondary readiness of the students affected by the program;
 1123  levels of participation in 10th grade PSAT/NMSQT or the
 1124  preliminary ACT Aspire testing; and measures of student, parent,
 1125  and teacher awareness of and satisfaction with the services of
 1126  the partnership.
 1127         Section 7. Paragraph (d) of subsection (3) of section
 1128  1008.34, Florida Statutes, is amended to read:
 1129         1008.34 School grading system; school report cards;
 1130  district grade.—
 1131         (3) DESIGNATION OF SCHOOL GRADES.—
 1132         (d) The data performance of students attending alternative
 1133  schools, and students designated as hospital or homebound, and
 1134  students who transfer to a private school shall be factored into
 1135  a school grade as follows:
 1136         1. The student performance data for eligible students
 1137  attending alternative schools that provide dropout prevention
 1138  and academic intervention services pursuant to s. 1003.53 shall
 1139  be included in the calculation of the home school’s grade. The
 1140  term “eligible students” in this subparagraph does not include
 1141  students attending an alternative school who are subject to
 1142  district school board policies for expulsion for repeated or
 1143  serious offenses, who are in dropout retrieval programs serving
 1144  students who have officially been designated as dropouts, or who
 1145  are in programs operated or contracted by the Department of
 1146  Juvenile Justice. As used in this subparagraph, the term “home
 1147  school” means the school to which the student would be assigned
 1148  if the student were not assigned to an alternative school. If an
 1149  alternative school chooses to be graded under this section,
 1150  student performance data for eligible students identified in
 1151  this subparagraph shall not be included in the home school’s
 1152  grade but shall be included only in the calculation of the
 1153  alternative school’s grade. A school district that fails to
 1154  assign statewide, standardized end-of-course assessment scores
 1155  of each of its students to his or her home school or to the
 1156  alternative school that receives a grade shall forfeit Florida
 1157  School Recognition Program funds for one fiscal year. School
 1158  districts must require collaboration between the home school and
 1159  the alternative school in order to promote student success. This
 1160  collaboration must include an annual discussion between the
 1161  principal of the alternative school and the principal of each
 1162  student’s home school concerning the most appropriate school
 1163  assignment of the student.
 1164         2. Student performance data for students designated as
 1165  hospital or homebound shall be assigned to their home school for
 1166  the purposes of school grades. As used in this subparagraph, the
 1167  term “home school” means the school to which a student would be
 1168  assigned if the student were not assigned to a hospital or
 1169  homebound program.
 1170         3.A high school must include a student in its graduation
 1171  rate if the student transfers from the high school to a private
 1172  school with which the school district has a contractual
 1173  relationship.
 1174         Section 8. Subsection (3) of section 1008.341, Florida
 1175  Statutes, is amended to read:
 1176         1008.341 School improvement rating for alternative
 1177  schools.—
 1178         (3) DESIGNATION OF SCHOOL IMPROVEMENT RATING.—Student
 1179  Learning Gains based on statewide, standardized assessments,
 1180  including retakes, administered under s. 1008.22 for all
 1181  eligible students who were assigned to and enrolled in the
 1182  school during the October or February FTE count and who have
 1183  assessment scores, concordant scores, or comparable scores for
 1184  the preceding school year shall be used in determining an
 1185  alternative school’s school improvement rating. An alternative
 1186  school’s rating shall be based on the following components:
 1187         (a) The percentage of eligible students who make Learning
 1188  Gains in English Language Arts as measured by statewide,
 1189  standardized assessments under s. 1008.22(3).
 1190         (b) The percentage of eligible students who make Learning
 1191  Gains in mathematics as measured by statewide, standardized
 1192  assessments under s. 1008.22(3).
 1193  
 1194  Student performance results of students who are subject to
 1195  district school board policies for expulsion for repeated or
 1196  serious offenses, who are in dropout retrieval programs serving
 1197  students who have officially been designated as dropouts, or who
 1198  are in programs operated or contracted by the Department of
 1199  Juvenile Justice may not be included in an alternative school’s
 1200  school improvement rating.
 1201         Section 9. Paragraph (i) of subsection (1) of section
 1202  1011.62, Florida Statutes, is amended to read:
 1203         1011.62 Funds for operation of schools.—If the annual
 1204  allocation from the Florida Education Finance Program to each
 1205  district for operation of schools is not determined in the
 1206  annual appropriations act or the substantive bill implementing
 1207  the annual appropriations act, it shall be determined as
 1208  follows:
 1209         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
 1210  OPERATION.—The following procedure shall be followed in
 1211  determining the annual allocation to each district for
 1212  operation:
 1213         (i) Calculation of full-time equivalent membership with
 1214  respect to dual enrollment instruction.—Students enrolled in
 1215  dual enrollment instruction pursuant to s. 1007.271 may be
 1216  included in calculations of full-time equivalent student
 1217  memberships for basic programs for grades 9 through 12 by a
 1218  district school board. Instructional time for dual enrollment
 1219  may vary from 900 hours; however, the full-time equivalent
 1220  student membership value shall be subject to the provisions in
 1221  s. 1011.61(4). Dual enrollment full-time equivalent student
 1222  membership shall be calculated in an amount equal to the hours
 1223  of instruction that would be necessary to earn the full-time
 1224  equivalent student membership for an equivalent course if it
 1225  were taught in the school district. Students in dual enrollment
 1226  courses may also be calculated as the proportional shares of
 1227  full-time equivalent enrollments they generate for a Florida
 1228  College System institution or university conducting the dual
 1229  enrollment instruction. Early admission students shall be
 1230  considered dual enrollments for funding purposes. Students may
 1231  be enrolled in dual enrollment instruction provided by an
 1232  eligible independent college or university and may be included
 1233  in calculations of full-time equivalent student memberships for
 1234  basic programs for grades 9 through 12 by a district school
 1235  board. However, those provisions of law which exempt dual
 1236  enrolled and early admission students from payment of
 1237  instructional materials and tuition and fees, including
 1238  laboratory fees, shall not apply to students who select the
 1239  option of enrolling in an eligible independent institution. An
 1240  independent college or university, which is located and
 1241  chartered in Florida, is not for profit, is accredited by a
 1242  regional or national accrediting agency recognized by the United
 1243  States Department of Education the Commission on Colleges of the
 1244  Southern Association of Colleges and Schools or the Accrediting
 1245  Council for Independent Colleges and Schools, and confers
 1246  degrees as defined in s. 1005.02 shall be eligible for inclusion
 1247  in the dual enrollment or early admission program. Students
 1248  enrolled in dual enrollment instruction shall be exempt from the
 1249  payment of tuition and fees, including laboratory fees. No
 1250  student enrolled in college credit mathematics or English dual
 1251  enrollment instruction shall be funded as a dual enrollment
 1252  unless the student has successfully completed the relevant
 1253  section of the entry-level examination required pursuant to s.
 1254  1008.30.
 1255         Section 10. Subsection (5) is added to section 1011.69,
 1256  Florida Statutes, to read:
 1257         1011.69 Equity in School-Level Funding Act.—
 1258         (5)To help meet the academic needs of economically
 1259  disadvantaged students, school districts shall provide Title I
 1260  funds directly to all eligible schools as provided in this
 1261  subsection. For purposes of this subsection, the term “eligible
 1262  school” means a school, including a charter school, that is
 1263  eligible to receive Title I funds. The threshold for identifying
 1264  eligible schools shall not exceed the statewide percentage of
 1265  economically disadvantaged students.
 1266         (a)Before the allocation of Title I funds to eligible
 1267  schools, a school district may withhold funds only as follows:
 1268         1.One percent for parent involvement;
 1269         2.A necessary and reasonable amount for administration,
 1270  not to exceed 8 percent; and
 1271         3.A reasonable and necessary amount to provide:
 1272         a.Homeless programs;
 1273         b.Delinquent and neglected programs; and
 1274         c.Private school equitable services.
 1275         (b)All remaining Title I funds shall be distributed to all
 1276  eligible schools in accordance with federal law and regulations.
 1277  An eligible school may use funds received under this subsection
 1278  to participate in discretionary educational services provided by
 1279  the school district.
 1280         Section 11. This act shall take effect July 1, 2017.