| 1 | A bill to be entitled |
| 2 | An act relating to charter schools; amending s. |
| 3 | 1002.33, F.S.; conforming provisions to changes made |
| 4 | by the act relating to authorized activities of a |
| 5 | high-performing charter school that is part of a high- |
| 6 | performing charter school system; authorizing each |
| 7 | district school board to share revenue generated by |
| 8 | its capital outlay millage levy with charter schools |
| 9 | on a per-student pro rata basis; providing for |
| 10 | recalculation of a school district's Florida Education |
| 11 | Finance Program allocation if the millage levy revenue |
| 12 | is not shared; providing for distribution of |
| 13 | recalculated funds; requiring payment to charter |
| 14 | schools of certain federal funds received by a |
| 15 | district school board; amending s. 1002.331, F.S.; |
| 16 | revising requirements for designation as a high- |
| 17 | performing charter school; revising the restriction on |
| 18 | the establishment of new charter schools that |
| 19 | replicate a high-performing charter school's |
| 20 | educational program; amending s. 1002.332, F.S.; |
| 21 | authorizing a high-performing charter school that is |
| 22 | part of a high-performing charter school system to |
| 23 | increase student enrollment, expand grade levels, |
| 24 | submit quarterly financial statements, consolidate |
| 25 | charters, and modify charter terms; providing an |
| 26 | effective date. |
| 27 |
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| 28 | Be It Enacted by the Legislature of the State of Florida: |
| 29 |
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| 30 | Section 1. Paragraph (a) of subsection (7), paragraph (g) |
| 31 | of subsection (9), paragraphs (h) and (i) of subsection (10), |
| 32 | and subsection (17) of section 1002.33, Florida Statutes, are |
| 33 | amended to read: |
| 34 | 1002.33 Charter schools.- |
| 35 | (7) CHARTER.-The major issues involving the operation of a |
| 36 | charter school shall be considered in advance and written into |
| 37 | the charter. The charter shall be signed by the governing board |
| 38 | of the charter school and the sponsor, following a public |
| 39 | hearing to ensure community input. |
| 40 | (a) The charter shall address and criteria for approval of |
| 41 | the charter shall be based on: |
| 42 | 1. The school's mission, the students to be served, and |
| 43 | the ages and grades to be included. |
| 44 | 2. The focus of the curriculum, the instructional methods |
| 45 | to be used, any distinctive instructional techniques to be |
| 46 | employed, and identification and acquisition of appropriate |
| 47 | technologies needed to improve educational and administrative |
| 48 | performance which include a means for promoting safe, ethical, |
| 49 | and appropriate uses of technology which comply with legal and |
| 50 | professional standards. |
| 51 | a. The charter shall ensure that reading is a primary |
| 52 | focus of the curriculum and that resources are provided to |
| 53 | identify and provide specialized instruction for students who |
| 54 | are reading below grade level. The curriculum and instructional |
| 55 | strategies for reading must be consistent with the Sunshine |
| 56 | State Standards and grounded in scientifically based reading |
| 57 | research. |
| 58 | b. In order to provide students with access to diverse |
| 59 | instructional delivery models, to facilitate the integration of |
| 60 | technology within traditional classroom instruction, and to |
| 61 | provide students with the skills they need to compete in the |
| 62 | 21st century economy, the Legislature encourages instructional |
| 63 | methods for blended learning courses consisting of both |
| 64 | traditional classroom and online instructional techniques. |
| 65 | Charter schools may implement blended learning courses which |
| 66 | combine traditional classroom instruction and virtual |
| 67 | instruction. Students in a blended learning course must be full- |
| 68 | time students of the charter school and receive the online |
| 69 | instruction in a classroom setting at the charter school. |
| 70 | Instructional personnel certified pursuant to s. 1012.55 who |
| 71 | provide virtual instruction for blended learning courses may be |
| 72 | employees of the charter school or may be under contract to |
| 73 | provide instructional services to charter school students. At a |
| 74 | minimum, such instructional personnel must hold an active state |
| 75 | or school district adjunct certification under s. 1012.57 for |
| 76 | the subject area of the blended learning course. The funding and |
| 77 | performance accountability requirements for blended learning |
| 78 | courses are the same as those for traditional courses. |
| 79 | 3. The current incoming baseline standard of student |
| 80 | academic achievement, the outcomes to be achieved, and the |
| 81 | method of measurement that will be used. The criteria listed in |
| 82 | this subparagraph shall include a detailed description of: |
| 83 | a. How the baseline student academic achievement levels |
| 84 | and prior rates of academic progress will be established. |
| 85 | b. How these baseline rates will be compared to rates of |
| 86 | academic progress achieved by these same students while |
| 87 | attending the charter school. |
| 88 | c. To the extent possible, how these rates of progress |
| 89 | will be evaluated and compared with rates of progress of other |
| 90 | closely comparable student populations. |
| 91 |
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| 92 | The district school board is required to provide academic |
| 93 | student performance data to charter schools for each of their |
| 94 | students coming from the district school system, as well as |
| 95 | rates of academic progress of comparable student populations in |
| 96 | the district school system. |
| 97 | 4. The methods used to identify the educational strengths |
| 98 | and needs of students and how well educational goals and |
| 99 | performance standards are met by students attending the charter |
| 100 | school. The methods shall provide a means for the charter school |
| 101 | to ensure accountability to its constituents by analyzing |
| 102 | student performance data and by evaluating the effectiveness and |
| 103 | efficiency of its major educational programs. Students in |
| 104 | charter schools shall, at a minimum, participate in the |
| 105 | statewide assessment program created under s. 1008.22. |
| 106 | 5. In secondary charter schools, a method for determining |
| 107 | that a student has satisfied the requirements for graduation in |
| 108 | s. 1003.428, s. 1003.429, or s. 1003.43. |
| 109 | 6. A method for resolving conflicts between the governing |
| 110 | board of the charter school and the sponsor. |
| 111 | 7. The admissions procedures and dismissal procedures, |
| 112 | including the school's code of student conduct. |
| 113 | 8. The ways by which the school will achieve a |
| 114 | racial/ethnic balance reflective of the community it serves or |
| 115 | within the racial/ethnic range of other public schools in the |
| 116 | same school district. |
| 117 | 9. The financial and administrative management of the |
| 118 | school, including a reasonable demonstration of the professional |
| 119 | experience or competence of those individuals or organizations |
| 120 | applying to operate the charter school or those hired or |
| 121 | retained to perform such professional services and the |
| 122 | description of clearly delineated responsibilities and the |
| 123 | policies and practices needed to effectively manage the charter |
| 124 | school. A description of internal audit procedures and |
| 125 | establishment of controls to ensure that financial resources are |
| 126 | properly managed must be included. Both public sector and |
| 127 | private sector professional experience shall be equally valid in |
| 128 | such a consideration. |
| 129 | 10. The asset and liability projections required in the |
| 130 | application which are incorporated into the charter and shall be |
| 131 | compared with information provided in the annual report of the |
| 132 | charter school. |
| 133 | 11. A description of procedures that identify various |
| 134 | risks and provide for a comprehensive approach to reduce the |
| 135 | impact of losses; plans to ensure the safety and security of |
| 136 | students and staff; plans to identify, minimize, and protect |
| 137 | others from violent or disruptive student behavior; and the |
| 138 | manner in which the school will be insured, including whether or |
| 139 | not the school will be required to have liability insurance, |
| 140 | and, if so, the terms and conditions thereof and the amounts of |
| 141 | coverage. |
| 142 | 12. The term of the charter which shall provide for |
| 143 | cancellation of the charter if insufficient progress has been |
| 144 | made in attaining the student achievement objectives of the |
| 145 | charter and if it is not likely that such objectives can be |
| 146 | achieved before expiration of the charter. The initial term of a |
| 147 | charter shall be for 4 or 5 years. In order to facilitate access |
| 148 | to long-term financial resources for charter school |
| 149 | construction, charter schools that are operated by a |
| 150 | municipality or other public entity as provided by law are |
| 151 | eligible for up to a 15-year charter, subject to approval by the |
| 152 | district school board. A charter lab school is eligible for a |
| 153 | charter for a term of up to 15 years. In addition, to facilitate |
| 154 | access to long-term financial resources for charter school |
| 155 | construction, charter schools that are operated by a private, |
| 156 | not-for-profit, s. 501(c)(3) status corporation are eligible for |
| 157 | up to a 15-year charter, subject to approval by the district |
| 158 | school board. Such long-term charters remain subject to annual |
| 159 | review and may be terminated during the term of the charter, but |
| 160 | only according to the provisions set forth in subsection (8). |
| 161 | 13. The facilities to be used and their location. |
| 162 | 14. The qualifications to be required of the teachers and |
| 163 | the potential strategies used to recruit, hire, train, and |
| 164 | retain qualified staff to achieve best value. |
| 165 | 15. The governance structure of the school, including the |
| 166 | status of the charter school as a public or private employer as |
| 167 | required in paragraph (12)(i). |
| 168 | 16. A timetable for implementing the charter which |
| 169 | addresses the implementation of each element thereof and the |
| 170 | date by which the charter shall be awarded in order to meet this |
| 171 | timetable. |
| 172 | 17. In the case of an existing public school that is being |
| 173 | converted to charter status, alternative arrangements for |
| 174 | current students who choose not to attend the charter school and |
| 175 | for current teachers who choose not to teach in the charter |
| 176 | school after conversion in accordance with the existing |
| 177 | collective bargaining agreement or district school board rule in |
| 178 | the absence of a collective bargaining agreement. However, |
| 179 | alternative arrangements shall not be required for current |
| 180 | teachers who choose not to teach in a charter lab school, except |
| 181 | as authorized by the employment policies of the state university |
| 182 | which grants the charter to the lab school. |
| 183 | 18. Full disclosure of the identity of all relatives |
| 184 | employed by the charter school who are related to the charter |
| 185 | school owner, president, chairperson of the governing board of |
| 186 | directors, superintendent, governing board member, principal, |
| 187 | assistant principal, or any other person employed by the charter |
| 188 | school who has equivalent decisionmaking authority. For the |
| 189 | purpose of this subparagraph, the term "relative" means father, |
| 190 | mother, son, daughter, brother, sister, uncle, aunt, first |
| 191 | cousin, nephew, niece, husband, wife, father-in-law, mother-in- |
| 192 | law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, |
| 193 | stepfather, stepmother, stepson, stepdaughter, stepbrother, |
| 194 | stepsister, half brother, or half sister. |
| 195 | 19. Implementation of the activities authorized under s. |
| 196 | 1002.331 or s. 1002.332 by the charter school when it satisfies |
| 197 | the eligibility requirements for a high-performing charter |
| 198 | school. A high-performing charter school shall notify its |
| 199 | sponsor in writing by March 1 if it intends to increase |
| 200 | enrollment or expand grade levels the following school year. The |
| 201 | written notice shall specify the amount of the enrollment |
| 202 | increase and the grade levels that will be added, as applicable. |
| 203 | (9) CHARTER SCHOOL REQUIREMENTS.- |
| 204 | (g) In order to provide financial information that is |
| 205 | comparable to that reported for other public schools, charter |
| 206 | schools are to maintain all financial records that constitute |
| 207 | their accounting system: |
| 208 | 1. In accordance with the accounts and codes prescribed in |
| 209 | the most recent issuance of the publication titled "Financial |
| 210 | and Program Cost Accounting and Reporting for Florida Schools"; |
| 211 | or |
| 212 | 2. At the discretion of the charter school's governing |
| 213 | board, a charter school may elect to follow generally accepted |
| 214 | accounting standards for not-for-profit organizations, but must |
| 215 | reformat this information for reporting according to this |
| 216 | paragraph. |
| 217 |
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| 218 | Charter schools shall provide annual financial report and |
| 219 | program cost report information in the state-required formats |
| 220 | for inclusion in district reporting in compliance with s. |
| 221 | 1011.60(1). Charter schools that are operated by a municipality |
| 222 | or are a component unit of a parent nonprofit organization may |
| 223 | use the accounting system of the municipality or the parent but |
| 224 | must reformat this information for reporting according to this |
| 225 | paragraph. A charter school shall provide a monthly financial |
| 226 | statement to the sponsor unless the charter school is designated |
| 227 | as a high-performing charter school pursuant to s. 1002.331 or |
| 228 | s. 1002.332, in which case the high-performing charter school |
| 229 | may provide a quarterly financial statement. The financial |
| 230 | statement required under this paragraph shall be in a form |
| 231 | prescribed by the Department of Education. |
| 232 | (10) ELIGIBLE STUDENTS.- |
| 233 | (h) The capacity of the charter school shall be determined |
| 234 | annually by the governing board, in conjunction with the |
| 235 | sponsor, of the charter school in consideration of the factors |
| 236 | identified in this subsection unless the charter school is |
| 237 | designated as a high-performing charter school pursuant to s. |
| 238 | 1002.331 or s. 1002.332. A sponsor may not require a charter |
| 239 | school to waive the provisions of s. 1002.331 or s. 1002.332 or |
| 240 | require a student enrollment cap that prohibits a high- |
| 241 | performing charter school from increasing enrollment in |
| 242 | accordance with s. 1002.331(2) or s. 1002.332(2)(c) as a |
| 243 | condition of approval or renewal of a charter. |
| 244 | (i) The capacity of a high-performing charter school |
| 245 | identified pursuant to s. 1002.331 or s. 1002.332 shall be |
| 246 | determined annually by the governing board of the charter |
| 247 | school. The governing board shall notify the sponsor of any |
| 248 | increase in enrollment by March 1 of the school year preceding |
| 249 | the increase. |
| 250 | (17) FUNDING.-Students enrolled in a charter school, |
| 251 | regardless of the sponsorship, shall be funded as if they are in |
| 252 | a basic program or a special program, the same as students |
| 253 | enrolled in other public schools in the school district. Funding |
| 254 | for a charter lab school shall be as provided in s. 1002.32. |
| 255 | (a) Each charter school shall report its student |
| 256 | enrollment to the sponsor as required in s. 1011.62, and in |
| 257 | accordance with the definitions in s. 1011.61. The sponsor shall |
| 258 | include each charter school's enrollment in the district's |
| 259 | report of student enrollment. All charter schools submitting |
| 260 | student record information required by the Department of |
| 261 | Education shall comply with the Department of Education's |
| 262 | guidelines for electronic data formats for such data, and all |
| 263 | districts shall accept electronic data that complies with the |
| 264 | Department of Education's electronic format. |
| 265 | (b) The basis for the agreement for funding students |
| 266 | enrolled in a charter school shall be the sum of the school |
| 267 | district's operating funds from the Florida Education Finance |
| 268 | Program as provided in s. 1011.62 and the General Appropriations |
| 269 | Act, including gross state and local funds, discretionary |
| 270 | lottery funds, and funds from the school district's current |
| 271 | operating discretionary millage levy; divided by total funded |
| 272 | weighted full-time equivalent students in the school district; |
| 273 | multiplied by the weighted full-time equivalent students for the |
| 274 | charter school. Charter schools whose students or programs meet |
| 275 | the eligibility criteria in law shall be entitled to their |
| 276 | proportionate share of categorical program funds included in the |
| 277 | total funds available in the Florida Education Finance Program |
| 278 | by the Legislature, including transportation. Total funding for |
| 279 | each charter school shall be recalculated during the year to |
| 280 | reflect the revised calculations under the Florida Education |
| 281 | Finance Program by the state and the actual weighted full-time |
| 282 | equivalent students reported by the charter school during the |
| 283 | full-time equivalent student survey periods designated by the |
| 284 | Commissioner of Education. |
| 285 | (c) Each district school board may annually |
| 286 | proportionately share the revenue generated by the millage levy |
| 287 | pursuant to s. 1011.71(2) with charter schools in the school |
| 288 | district on a per-student basis. If a district school board does |
| 289 | not proportionately share the revenue generated by the millage |
| 290 | levy pursuant to s. 1011.71(2), the Florida Education Finance |
| 291 | Program allocation for that school district shall be |
| 292 | recalculated so that each charter school in the school district |
| 293 | receives, on a per-student basis, the same amount of funds that |
| 294 | it would have received if the district school board shared the |
| 295 | millage levy revenue with charter schools on a per-student pro |
| 296 | rata basis. The school district shall, within 30 days after |
| 297 | receipt, distribute the recalculated funds to each charter |
| 298 | school in the district. Charter schools may only use these |
| 299 | recalculated funds for capital outlay purposes. |
| 300 | (d)(c) If the district school board is providing programs |
| 301 | or services to students funded by federal funds, any eligible |
| 302 | students enrolled in charter schools in the school district |
| 303 | shall be provided federal funds for the same level of service |
| 304 | provided students in the schools operated by the district school |
| 305 | board. All federal funds received by a district school board for |
| 306 | the benefit of charter schools, charter school students, or |
| 307 | charter school students as public school students in the school |
| 308 | district, including, but not limited to, Title I, Title II, and |
| 309 | IDEA funds, shall be paid in total to charter schools within 60 |
| 310 | days after receipt by the district school board. Pursuant to |
| 311 | provisions of 20 U.S.C. 8061 s. 10306, all charter schools shall |
| 312 | receive all federal funding for which the school is otherwise |
| 313 | eligible, including Title I funding, not later than 5 months |
| 314 | after the charter school first opens and within 5 months after |
| 315 | any subsequent expansion of enrollment. |
| 316 | (e)(d) Charter schools shall be included by the Department |
| 317 | of Education and the district school board in requests for |
| 318 | federal stimulus funds in the same manner as district school |
| 319 | board-operated public schools, including Title I and IDEA funds |
| 320 | and shall be entitled to receive such funds. Charter schools are |
| 321 | eligible to participate in federal competitive grants that are |
| 322 | available as part of the federal stimulus funds. |
| 323 | (f)(e) District school boards shall make timely and |
| 324 | efficient payment and reimbursement to charter schools, |
| 325 | including processing paperwork required to access special state |
| 326 | and federal funding for which they may be eligible. The district |
| 327 | school board may distribute funds to a charter school for up to |
| 328 | 3 months based on the projected full-time equivalent student |
| 329 | membership of the charter school. Thereafter, the results of |
| 330 | full-time equivalent student membership surveys shall be used in |
| 331 | adjusting the amount of funds distributed monthly to the charter |
| 332 | school for the remainder of the fiscal year. The payment shall |
| 333 | be issued no later than 10 working days after the district |
| 334 | school board receives a distribution of state or federal funds. |
| 335 | If a warrant for payment is not issued within 10 working days |
| 336 | after receipt of funding by the district school board, the |
| 337 | school district shall pay to the charter school, in addition to |
| 338 | the amount of the scheduled disbursement, interest at a rate of |
| 339 | 1 percent per month calculated on a daily basis on the unpaid |
| 340 | balance from the expiration of the 10 working days until such |
| 341 | time as the warrant is issued. |
| 342 | (g)(f) Funding for a virtual charter school shall be as |
| 343 | provided in s. 1002.45(7). |
| 344 | Section 2. Paragraph (c) of subsection (1) and paragraph |
| 345 | (b) of subsection (3) of section 1002.331, Florida Statutes, are |
| 346 | amended to read: |
| 347 | 1002.331 High-performing charter schools.- |
| 348 | (1) A charter school is a high-performing charter school |
| 349 | if it: |
| 350 | (c) Did not receive a financial audit that revealed one or |
| 351 | more of the financial emergency conditions set forth in s. |
| 352 | 218.503(1) in the most recent 3 fiscal years for which such |
| 353 | audits are available. However, this requirement is deemed met |
| 354 | for a charter school-in-the-workplace if there is a finding in |
| 355 | an audit that the school has the monetary resources available to |
| 356 | cover any reported deficiency or that the deficiency does not |
| 357 | result in a deteriorating financial condition pursuant to s. |
| 358 | 1002.345(1)(a)3. |
| 359 |
|
| 360 | A virtual charter school established under s. 1002.33 is not |
| 361 | eligible for designation as a high-performing charter school. |
| 362 | (3) |
| 363 | (b) A high-performing charter school may not establish |
| 364 | more than three one charter schools school within the state |
| 365 | under paragraph (a) in any year. A subsequent application to |
| 366 | establish a charter school under paragraph (a) may not be |
| 367 | submitted unless each charter school established in this manner |
| 368 | achieves high-performing charter school status. |
| 369 | Section 3. Paragraph (c) is added to subsection (2) of |
| 370 | section 1002.332, Florida Statutes, to read: |
| 371 | 1002.332 High-performing charter school system.- |
| 372 | (2) |
| 373 | (c) A high-performing charter school that is part of a |
| 374 | high-performing charter school system may: |
| 375 | 1. Increase its student enrollment once per school year by |
| 376 | up to 15 percent more than the capacity identified in the |
| 377 | charter. |
| 378 | 2. Expand grade levels within kindergarten through grade |
| 379 | 12 to add grade levels not already served if any annual |
| 380 | enrollment increase resulting from grade level expansion is |
| 381 | within the limit established in subparagraph 1. |
| 382 | 3. Submit a quarterly, rather than a monthly, financial |
| 383 | statement to the sponsor pursuant to s. 1002.33(9)(g). |
| 384 | 4. Consolidate under a single charter the charters of |
| 385 | multiple high-performing charter schools operated in the same |
| 386 | school district by the charter schools' governing boards |
| 387 | regardless of the renewal cycle. |
| 388 | 5. Receive a modification of its charter to a term of 15 |
| 389 | years or a 15-year charter renewal. The charter may be modified |
| 390 | or renewed for a shorter term at the option of the high- |
| 391 | performing charter school. The charter must be consistent with |
| 392 | s. 1002.33(7)(a)19. and (10)(h) and (i), is subject to annual |
| 393 | review by the sponsor, and may be terminated during its term |
| 394 | pursuant to s. 1002.33(8). |
| 395 |
|
| 396 | A high-performing charter school that is part of a high- |
| 397 | performing charter school system shall notify its sponsor in |
| 398 | writing by March 1 if it intends to increase enrollment or |
| 399 | expand grade levels the following school year. The written |
| 400 | notice shall specify the amount of the enrollment increase and |
| 401 | the grade levels that will be added, as applicable. |
| 402 | Section 4. This act shall take effect July 1, 2012. |