Florida Senate - 2013                                    SB 1390
       By Senator Montford
       3-00660A-13                                           20131390__
    1                        A bill to be entitled                      
    2         An act relating to charter schools; providing a short
    3         title; providing legislative findings and intent;
    4         creating the Florida Innovation Zone Schools Act to
    5         allow school districts to designate certain schools to
    6         serve as incubators of innovation and transformation
    7         of public education; requiring such schools to
    8         personalize education for each student; exempting
    9         innovation zone schools from ch. 1000-1013, F.S.,
   10         subject to certain exceptions; providing guiding
   11         principles by which the innovation zone schools should
   12         function; establishing elements of the program;
   13         providing that a participating school district has
   14         autonomy in certain areas; amending s. 196.1983, F.S.;
   15         granting school district programs the ad valorem tax
   16         exemption given to charter schools and creating
   17         certain restrictions on the exempt property; requiring
   18         a landlord to certify compliance by affidavit;
   19         restricting the use of capital outlay funds for
   20         property improvements if the property is exempt from
   21         ad valorem taxes; amending s. 1002.31, F.S.; providing
   22         a calculation for compliance with class size maximums
   23         for a public school of choice or an innovation zone
   24         school; amending s. 1002.33, F.S.; conforming a cross
   25         reference; modifying requirements for charter school
   26         applications; creating new reporting requirements for
   27         charter schools regarding governance, fees, and
   28         students; providing a funding requirement for a
   29         student who transfers between a charter school and
   30         district school; authorizing a district school board
   31         to negotiate an appropriate usage fee based on market
   32         value for unused space; deleting a prohibition on
   33         rental or leasing fees on existing public schools that
   34         convert to charter schools; prohibiting a charter
   35         school from selling or renting out property from a
   36         school district without written permission of the
   37         school district; providing that certain
   38         recommendations from the department are not binding on
   39         a school district; restricting use of capital outlay
   40         funds; deleting restrictions on withheld
   41         administrative fees; amending s. 1002.345, F.S.;
   42         restricting charter schools or technical career
   43         centers having financial problems from certain
   44         activities and requiring disclosure of such financial
   45         problems on subsequent applications; creating s.
   46         1003.622, F.S.; providing legislative intent;
   47         recognizing academically high-performing school choice
   48         districts and granting them flexibility; qualifying an
   49         academically high-performing school choice district;
   50         exempting such districts from ch. 1000-1013, F.S.,
   51         subject to certain exceptions; exempting such
   52         districts from certain ad valorem taxes and other
   53         requirements; requiring an academically high
   54         performing school choice district to submit an annual
   55         report to the State Board of Education and the
   56         Legislature; specifying requirements for such report;
   57         amending 1010.305, F.S.; extending student enrollment
   58         auditing procedures to charter schools; providing that
   59         a school district or charter school may request an
   60         expedited review by the Auditor General; providing an
   61         effective date.
   63  Be It Enacted by the Legislature of the State of Florida:
   65         Section 1. Florida Innovation Zone Schools.—
   66         (1) SHORT TITLE.—This section may be cited as the “Florida
   67  Innovation Zone Schools Act.”
   68         (2) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
   69  that the 19th and 20th century models of education do not meet
   70  the needs of the 21st century world as current public school
   71  years are based on an agrarian calendar and most public school
   72  classrooms are based on an antiquated classroom model. The
   73  Legislature further finds that credit-based instruction and one
   74  comprehensive standardized assessment do not accurately measure
   75  student learning or prepare students for adulthood. The
   76  Legislature finds that Florida is already a leader in education
   77  accountability and innovation and that this state should take
   78  such innovation to another level by replacing an outdated,
   79  homogenized model with a vibrant, rigorous model that allows
   80  students to thrive and be prepared to meet the economic and
   81  political challenges of the 21st century. The public schools in
   82  this state should be the education incubators that disrupt the
   83  old status quo. The Legislature intends to establish schools
   84  that serve as incubators of innovation and transform public
   85  education.
   86         (3) FLORIDA INNOVATION ZONE SCHOOLS ACT.—The Florida
   87  Innovation Zone Schools Act is created to allow participating
   88  schools to serve as incubators of innovation and transform
   89  public education. An innovation zone school, which is designated
   90  as such by the school district to which it belongs, may be
   91  funded on incentive grants or through public or private
   92  partnerships. Participating schools are exempt from chapters
   93  1000-1013, Florida Statutes, except those laws specifically
   94  pertaining to health, safety, antidiscrimination, or public
   95  records and meetings. Such schools are also specifically exempt
   96  from class size requirements. Teachers shall continue to be
   97  evaluated based on performance but innovation zone schools may
   98  use different methods to make such evaluation.
   99         (4) GUIDING PRINCIPLES.—An innovation zone school shall be
  100  guided by the following principles:
  101         (a) Globally competitive standards.—Student learning
  102  outcomes are aligned with the common core standards.
  103         (b) Competency-based learning and assessment.—Students
  104  advance by demonstrating skills, abilities, and knowledge on how
  105  to be successful, rather than the traditional way of receiving
  106  credit based on seat time in a classroom.
  107         (c) Personalized learning plans.—Teachers, advisors,
  108  students, and parents manage a personalized learning plan that
  109  accounts for each student’s preferred pace and learning style.
  110         (d) Multiple modes of learning.—Each student learns in the
  111  way he or she learns best, be it independently, one-on-one with
  112  a coach, collaboratively in small groups, online, through
  113  internships or early college courses, or in other real-world
  114  contexts.
  115         (e) New staff and student roles.—School staff shall take on
  116  new roles as learning coaches, advisors, and content and
  117  assessment experts. Students are empowered to plan and manage
  118  their own studies in a variety of ways. The program must be
  119  tailored to the students at the school to personalize education
  120  for each student.
  121         (5) PROGRAM ELEMENTS.—An innovation zone school shall:
  122         (a) Upon designation by the school district, plan during
  123  the first year, begin at least partial implementation during the
  124  second year, and fully implement the program by the third year.
  125         (b) Integrate technology into instruction, assessment, and
  126  professional development. The school shall also restructure the
  127  school day or school year in a way that allows it to best
  128  accomplish its goals.
  129         (c)Monitor performance progress based on skills that help
  130  students succeed in college and careers, including problem
  131  solving, research, interpretation, and communication. The
  132  program must use competency-based grading and look into ways to
  133  allow students to advance based on their understanding of the
  134  content, not on time spent, and to measure success accordingly.
  135  The learning environment must allow for innovation and the
  136  resources must enable personalization and increase student
  137  achievement and college and career readiness.
  138         (6) POWERS OF SCHOOL DISTRICTS.—A participating school
  139  district has autonomy in the budget, staffing, governance,
  140  curriculum, assessment, and school calendar.
  141         Section 2. Section 196.1983, Florida Statutes, is amended
  142  to read:
  143         196.1983 Charter school and school district program
  144  exemption from ad valorem taxes.—Any facility, or portion
  145  thereof, used to house a school district program or charter
  146  school whose charter has been approved by the sponsor and the
  147  governing board pursuant to s. 1002.33(7) is shall be exempt
  148  from ad valorem taxes. For leasehold properties, the landlord
  149  must certify by affidavit to the district or charter school
  150  sponsor that the lease payments shall be reduced to the extent
  151  of the exemption received, that the lease payments before
  152  reduction do not exceed fair market value, and that the
  153  transaction does not involve related parties as described in s.
  154  1002.33(7)(a)18. The owner of the property shall disclose to a
  155  charter school the full amount of the benefit derived from the
  156  exemption and the method for ensuring that the district or
  157  charter school receives such benefit. The charter school shall
  158  receive the full benefit derived from the exemption through
  159  either an annual or monthly credit to the district or charter
  160  school’s lease payments. For property exempt from ad valorem
  161  taxes pursuant to this section, district or public education
  162  capital outlay funds may be used for property improvements only
  163  if:
  164         (1) The transaction does not, directly or indirectly,
  165  involve relatives; and
  166         (2) The lease or contract makes adequate provision for
  167  crediting or reimbursing such funding when the property is no
  168  longer used for exempt purposes.
  169         Section 3. Subsections (9) and (10) are added to section
  170  1002.31, Florida Statutes, to read:
  171         1002.31 Public school parental choice.—
  172         (9) For a school or program that is a public school of
  173  choice under this section, the calculation for compliance with
  174  maximum class size pursuant to s. 1003.03 is the average number
  175  of students at the school level.
  176         (10) For a school or program that is an innovation zone
  177  school under the Florida Innovation Zone Schools Act, the
  178  calculation for compliance with maximum class size pursuant to
  179  s. 1003.03 is the average number of students at the school
  180  level.
  181         Section 4. Subsection (1), paragraph (a) of subsection (6),
  182  paragraphs (c), (e), and (g) of subsection (18), subsection
  183  (19), and paragraph (a) of subsection (20) of section 1002.33,
  184  Florida Statutes, are amended, paragraph (g) is added to
  185  subsection (17), present paragraphs (c) and (d) of subsection
  186  (7) are redesignated as paragraphs (d) and (e), respectively,
  187  and a new paragraph (c) is added to subsection (7) of that
  188  section, to read:
  189         1002.33 Charter schools.—
  190         (1) AUTHORIZATION.—Charter schools shall be part of the
  191  state’s program of public education. All charter schools in
  192  Florida are public schools. A charter school may be formed by
  193  creating a new school or converting an existing public school to
  194  charter status. A charter school may operate a virtual charter
  195  school pursuant to s. 1002.45(1)(d) to provide full-time online
  196  instruction to eligible students, pursuant to s. 1002.455, in
  197  kindergarten through grade 12. A charter school must amend its
  198  charter or submit a new application pursuant to subsection (6)
  199  to become a virtual charter school. A virtual charter school is
  200  subject to the requirements of this section; however, a virtual
  201  charter school is exempt from subsections (18) and (19),
  202  subparagraphs (20)(a)1. and 2. (20)(a)2., 4., 5., and 7.,
  203  paragraph (20)(c), and s. 1003.03. A public school may not use
  204  the term charter in its name unless it has been approved under
  205  this section.
  206         (6) APPLICATION PROCESS AND REVIEW.—Charter school
  207  applications are subject to the following requirements:
  208         (a) A person or entity wishing to open a charter school
  209  shall prepare and submit an application on a model application
  210  form prepared by the department of Education which:
  211         1. Demonstrates how the school will use the guiding
  212  principles and meet the statutorily defined purpose of a charter
  213  school.
  214         2. Provides a detailed curriculum plan that illustrates how
  215  students will be provided services to attain the Sunshine State
  216  Standards.
  217         3. Contains goals and objectives for improving student
  218  learning and measuring that improvement. These goals and
  219  objectives must indicate how much academic improvement students
  220  are expected to show each year, how success will be evaluated,
  221  and the specific results to be attained through instruction.
  222         4. Describes the reading curriculum and differentiated
  223  strategies that will be used for students reading at grade level
  224  or higher and a separate curriculum and strategies for students
  225  who are reading below grade level. A sponsor shall deny a
  226  charter if the school does not propose a reading curriculum that
  227  is consistent with effective teaching strategies that are
  228  grounded in scientifically based reading research.
  229         5. Contains an annual financial plan for each year
  230  requested by the charter for operation of the school for up to 5
  231  years. This plan must contain anticipated fund balances based on
  232  revenue projections, a spending plan based on projected revenues
  233  and expenses, and a description of controls that will safeguard
  234  finances and projected enrollment trends.
  235         6. Documents that the applicant has participated in the
  236  training required in subparagraph (f)2. A sponsor may require an
  237  applicant to provide additional information as an addendum to
  238  the charter school application described in this paragraph.
  239         7. For the establishment of a virtual charter school,
  240  documents that the applicant has contracted with a provider of
  241  virtual instruction services pursuant to s. 1002.45(1)(d).
  242         8. Demonstrates that the charter school governing board is
  243  independent of any management company and that termination of
  244  any management company contract rests with the governing board.
  245         (7) CHARTER.—The major issues involving the operation of a
  246  charter school shall be considered in advance and written into
  247  the charter. The charter shall be signed by the governing board
  248  of the charter school and the sponsor, following a public
  249  hearing to ensure community input.
  250         (c) The charter school must:
  251         1. Document, for the initial and any subsequent charter,
  252  that the governing board is independent of any management
  253  company and that termination of any management company contract
  254  rests with the governing board.
  255         2. Document the administrative fee and any other fee
  256  provided to a management company for the operation, management,
  257  or any involvement with the charter school.
  258         3. Document that any lease payment for real property,
  259  facilities, equipment, and employment is within the fair market
  260  value of the community in which the charter school is located.
  261         4. In order to provide funding and administrative
  262  transparency, report to the Department of Education and, through
  263  a central website, to parents, the following information:
  264         a. Any management fee and fee structure.
  265         b. Salaries or fees of management personnel,
  266  administrators, principals, teachers, and support staff.
  267         c. Ratio of administrators to teachers.
  268         d. Number of free or reduced-priced lunch students,
  269  exceptional education students, and English for Speakers of
  270  Other Languages students as compared to other school districts.
  271         5. Provide a report to the sponsor and the department
  272  describing the innovative programs and instructional strategies
  273  provided to students which differ from the programs and
  274  strategies provided in traditional public schools. The
  275  department shall identify the innovative programs and strategies
  276  and incorporate them into the analysis of charter school
  277  performance required under subsection (23).
  278         (17) FUNDING.—Students enrolled in a charter school,
  279  regardless of the sponsorship, shall be funded as if they are in
  280  a basic program or a special program, the same as students
  281  enrolled in other public schools in the school district. Funding
  282  for a charter lab school shall be as provided in s. 1002.32.
  283         (g) If a student transfers from a charter school to a
  284  district school or from a district school to a charter school
  285  after the first day of the school year, funding must be
  286  allocated proportionately according to the number of days that
  287  the student attends the charter school or traditional public
  288  school.
  289         (18) FACILITIES.—
  290         (c) Any facility, or portion thereof, used to house a
  291  school district program or charter school whose charter has been
  292  approved by the sponsor and the governing board, pursuant to
  293  subsection (7), is shall be exempt from ad valorem taxes
  294  pursuant to s. 196.1983. Library, community service, museum,
  295  performing arts, theatre, cinema, church, Florida College System
  296  institution, college, and university facilities may provide
  297  space to charter schools within their facilities under their
  298  preexisting zoning and land use designations.
  299         (e) If a district school board facility or property is
  300  available because the district school board has deemed it as it
  301  is surplus, marked for disposal, or otherwise unused, and the
  302  facility is appropriate for student instruction, it may shall be
  303  made available provided for a charter school’s use based on
  304  reasonable eligibility criteria for applicants and below-market
  305  lease or purchase terms that fairly reflect existing debt, and
  306  the availability of alternative facilities. The school district
  307  may negotiate an appropriate usage fee based on market value on
  308  the same basis as it is made available to other public schools
  309  in the district. A charter school receiving property from the
  310  school district may not sell or dispose of such property without
  311  written permission of the school district. Similarly, for an
  312  existing public school converting to charter status, no rental
  313  or leasing fee for the existing facility or for the property
  314  normally inventoried to the conversion school may be charged by
  315  the district school board to the parents and teachers organizing
  316  the charter school. The charter school shall agree to reasonable
  317  maintenance provisions in order to maintain the facility in a
  318  manner similar to district school board standards. A charter
  319  school receiving property from the school district may not
  320  relet, sublet, sell, or dispose of such property without written
  321  permission of the school district. The lease may provide for use
  322  of public education capital outlay maintenance funds or any
  323  other maintenance funds if such use is consistent with the
  324  district’s 5-year work plan generated by the facility operated
  325  as a conversion school shall remain with the conversion school.
  326         (g) Each school district shall annually provide to the
  327  Department of Education as part of its 5-year work plan the
  328  number of existing vacant classrooms in each school that the
  329  district does not intend to use or does not project will be
  330  needed for educational purposes for the following school year.
  331  The department may recommend that a district make such space
  332  available to an appropriate charter school pursuant to paragraph
  333  (e). The recommendation is not binding on the district school
  334  board.
  335         (19) CAPITAL OUTLAY FUNDING.—Charter schools are eligible
  336  for capital outlay funds pursuant to s. 1013.62. Capital outlay
  337  funds authorized in ss. 1011.71(2) and 1013.62 which were have
  338  been shared with a charter school-in-the-workplace before prior
  339  to July 1, 2010, are deemed to have met the authorized
  340  expenditure requirements for such funds. Charter schools may
  341  spend capital outlay funds only on assets that can be returned
  342  to the school district.
  343         (20) SERVICES.—
  344         (a)1. A sponsor shall provide certain administrative and
  345  educational services to charter schools. These services shall
  346  include contract management services; full-time equivalent and
  347  data reporting services; exceptional student education
  348  administration services; services related to eligibility and
  349  reporting duties required to ensure that school lunch services
  350  under the federal lunch program, consistent with the needs of
  351  the charter school, are provided by the school district at the
  352  request of the charter school, that any funds due to the charter
  353  school under the federal lunch program be paid to the charter
  354  school as soon as the charter school begins serving food under
  355  the federal lunch program, and that the charter school is paid
  356  at the same time and in the same manner under the federal lunch
  357  program as other public schools serviced by the sponsor or the
  358  school district; test administration services, including payment
  359  of the costs of state-required or district-required student
  360  assessments; processing of teacher certificate data services;
  361  and information services, including equal access to student
  362  information systems that are used by public schools in the
  363  district in which the charter school is located. Student
  364  performance data for each student in a charter school,
  365  including, but not limited to, FCAT scores, standardized test
  366  scores, previous public school student report cards, and student
  367  performance measures, shall be provided by the sponsor to a
  368  charter school in the same manner provided to other public
  369  schools in the district.
  370         1.2. A total administrative fee for the provision of such
  371  services shall be calculated based on upon up to 5 percent of
  372  the available funds defined in paragraph (17)(b) for all
  373  students; however, if except that when 75 percent or more of the
  374  students enrolled in the charter school are exceptional students
  375  as defined in s. 1003.01(3), the 5 percent of those available
  376  funds shall be calculated based on unweighted full-time
  377  equivalent students. However, a sponsor may only withhold up to
  378  a 5-percent administrative fee for enrollment for up to and
  379  including 250 students. For charter schools with a population of
  380  251 or more students, the difference between the total
  381  administrative fee calculation and the amount of the
  382  administrative fee withheld may only be used for capital outlay
  383  purposes specified in s. 1013.62(2).
  384         3. For high-performing charter schools, as defined in ch.
  385  2011-232, a sponsor may withhold a total administrative fee of
  386  up to 2 percent for enrollment up to and including 250 students
  387  per school.
  388         4. In addition, a sponsor may withhold only up to a 5
  389  percent administrative fee for enrollment for up to and
  390  including 500 students within a system of charter schools which
  391  meets all of the following:
  392         a. Includes both conversion charter schools and
  393  nonconversion charter schools;
  394         b. Has all schools located in the same county;
  395         c. Has a total enrollment exceeding the total enrollment of
  396  at least one school district in the state;
  397         d. Has the same governing board; and
  398         e. Does not contract with a for-profit service provider for
  399  management of school operations.
  400         5. The difference between the total administrative fee
  401  calculation and the amount of the administrative fee withheld
  402  pursuant to subparagraph 4. may be used for instructional and
  403  administrative purposes as well as for capital outlay purposes
  404  specified in s. 1013.62(2).
  405         6. For a high-performing charter school system that also
  406  meets the requirements in subparagraph 4., a sponsor may
  407  withhold a 2-percent administrative fee for enrollments up to
  408  and including 500 students per system.
  409         2.7. Sponsors may shall not charge charter schools any
  410  additional fees or surcharges for administrative and educational
  411  services in addition to the maximum 5-percent administrative fee
  412  withheld pursuant to this paragraph.
  413         3.8. The sponsor of a virtual charter school may withhold a
  414  fee of up to 5 percent. The funds must shall be used to cover
  415  the cost of services provided under this paragraph subparagraph
  416  1. and for the school district’s local instructional improvement
  417  system pursuant to s. 1006.281 or other technological tools that
  418  are required to access electronic and digital instructional
  419  materials.
  420         Section 5. Subsection (7) is added to section 1002.345,
  421  Florida Statutes, to read:
  422         1002.345 Determination of deteriorating financial
  423  conditions and financial emergencies for charter schools and
  424  charter technical career centers.—This section applies to
  425  charter schools operating pursuant to s. 1002.33 and to charter
  426  technical career centers operating pursuant to s. 1002.34.
  427         (7) EFFECT ON OTHER APPLICATIONS.—If a charter school or
  428  charter technical career center exhibits a deteriorating
  429  financial condition or is subject to a financial recovery plan
  430  or corrective action plan, the governing board of the charter
  431  school or charter technical career center, or any related
  432  entity, is not eligible to apply for additional charter schools
  433  or charter technical centers under s. 1002.33, s. 1002.331, or
  434  s. 1002.45 until the financial condition or financial recovery
  435  plan has been satisfactorily resolved. The existence and
  436  resolution of financial emergencies or poor financial conditions
  437  as provided in this chapter shall be disclosed in subsequent
  438  applications by the applicant under s. 1002.33(6) and be
  439  considered in determining whether the financial management
  440  practices materially comply with that section.
  441         Section 6. Section 1003.622, Florida Statutes, is created
  442  to read:
  443         1003.622Academically high-performing school choice
  444  districts.—It is the intent of the Legislature to recognize and
  445  reward school districts that demonstrate the ability to provide
  446  its residents with a broad range of choice programs. The purpose
  447  of this section is to provide high-performing school choice
  448  districts with flexibility in meeting the specific requirements
  449  of law and rules of the State Board of Education.
  451         (a)A school district is an academically high-performing
  452  school choice district if it:
  453         1. Earns a grade of “A” or “B” as provided in s. 1008.34
  454  for 2 consecutive years;
  455         2. Has at least 20 percent of its total enrollment in
  456  public choice programs or at least 5 percent of its total
  457  enrollment in charter schools;
  458         3.Has no material weaknesses or instances of material
  459  noncompliance noted in the annual financial audit conducted
  460  pursuant to s. 218.39; and
  461         4. Operates as a school choice district that focuses on
  462  teaching and learning infused with up-to-date technology that
  463  prepares students for work or postsecondary education.
  464         (b) A school district that satisfies the eligibility
  465  criteria in this subsection shall be designated by the State
  466  Board of Education as an academically high-performing school
  467  choice district. The academically high-performing school choice
  468  district retains its status as a high-performing school choice
  469  district for 5 years and may renew the designation if the
  470  district meets the requirements in this section. A school
  471  district that fails to meet the requirements in this section
  472  must provide written notification to the State Board of
  473  Education that the district is no longer eligible for
  474  designation as an academically high-performing school choice
  475  district.
  476         (c)A district designated as an academically high
  477  performing school choice district is exempt, during the time the
  478  district continues to meet all eligibility criteria, from
  479  chapters 1000-1013 pertaining to school districts and rules of
  480  the State Board of Education which implement these exempt
  481  provisions. However, an academically high-performing school
  482  choice district must comply with:
  483         1. Laws pertaining to the following:
  484         a.Student health, safety, and welfare.
  485         b. Services for students who have disabilities.
  486         c.Student assessment programs and school grading systems.
  487         d.Civil rights, including s. 1000.05, relating to
  488  discrimination.
  489         2.Laws governing the election and compensation of district
  490  school board members and election or appointment and
  491  compensation of district school superintendents.
  492         3.Section 1003.03, relating to the maximum class size,
  493  except that the calculation for compliance pursuant to s.
  494  1003.03 is the average at the school level.
  495         4.Sections 1012.22(1)(c) and 1012.27(2), relating to
  496  public school personnel compensation and salary schedules; s.
  497  1012.34, relating to personnel evaluation procedures and
  498  criteria; and ss. 1012.33 and 1012.335, relating to contracts
  499  with instructional personnel, staff, supervisors, and school
  500  administrators.
  501         5.Section 286.011, relating to public meetings and
  502  records, public inspection, and criminal and civil penalties.
  503         6.Chapter 119, relating to public records.
  504         (d) Each academically high-performing school choice
  505  district shall be included in the definition of eligible
  506  entities to apply for and operate a charter school or virtual
  507  school and shall be exempt from ad valorem taxes when leasing
  508  facilities and from the State Requirements for Educational
  509  Facilities.
  510         (2)GOVERNING BOARD.—The governing board of an academically
  511  high-performing school choice district is the duly elected
  512  district school board. The district school board shall supervise
  513  the academically high-performing school choice district.
  514         (3)REPORTS.—The academically high-performing school choice
  515  district shall submit to the State Board of Education and the
  516  Legislature an annual report by December 1 of each year which
  517  delineates the performance of the school district in regards to
  518  the academic performance of students. The annual report shall be
  519  submitted in a format prescribed by the Department of Education
  520  and must include, but need not be limited to, the following:
  521         (a)Evidence of compliance with subsection (1).
  522         (b) Efforts to close the achievement gap.
  523         (c)Longitudinal performance of students, by grade level
  524  and subgroup, in mathematics, reading, writing, science, and any
  525  other subject that is included as a part of the statewide
  526  assessment program in s. 1008.22.
  527         (d)Longitudinal performance regarding students who take an
  528  Advanced Placement Examination organized by demographic group,
  529  specifically by age, gender, and race, and by participation in
  530  the National School Lunch Program.
  531         (e)Number and percentage of students who take an Advanced
  532  Placement Examination.
  533         Section 7. Section 1010.305, Florida Statutes, is amended
  534  to read:
  535         1010.305 Audit of student enrollment.—
  536         (1) The Auditor General shall periodically examine the
  537  records of school districts, charter schools, and other agencies
  538  as appropriate, to determine compliance with law and State Board
  539  of Education rules relating to the classification, assignment,
  540  and verification of full-time equivalent student enrollment and
  541  student transportation reported under the Florida Education
  542  Finance Program. A school district or charter school may request
  543  expedited review by the Auditor General.
  544         (2) If it is determined that the approved criteria and
  545  procedures for the placement of students and the conduct of
  546  programs have not been followed by the district or by a
  547  district-sponsored charter school, appropriate adjustments in
  548  the full-time equivalent student count for that district or
  549  charter school must be made, and any excess funds must be
  550  deducted from subsequent allocations of state funds to that
  551  district or charter school. As provided for by rule, if errors
  552  in a specific program of a district or charter school recur in
  553  consecutive years due to lack of corrective action by the
  554  district or charter school, adjustments may be made based upon
  555  statistical estimates of error projected to the overall district
  556  or charter school program.
  557         Section 8. This act shall take effect July 1, 2013.