Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1528
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: OO            .                                
                  04/11/2014           .                                

       the following:
    1         Senate Amendment (with directory and title amendments)
    3         Between lines 22 and 23
    4  insert:
    5         (b) A sponsor shall receive and review all applications for
    6  a charter school using an evaluation instrument developed by the
    7  Department of Education. A sponsor shall receive and consider
    8  charter school applications received on or before August 1 of
    9  each calendar year for charter schools to be opened at the
   10  beginning of the school district’s next school year, or to be
   11  opened at a time agreed to by the applicant and the sponsor. A
   12  sponsor may not refuse to receive a charter school application
   13  submitted before August 1 and may receive an application
   14  submitted later than August 1 if it chooses. In order to
   15  facilitate greater collaboration in the application process, an
   16  applicant may submit a draft charter school application on or
   17  before May 1 with an application fee of $500. If a draft
   18  application is timely submitted, the sponsor shall review and
   19  provide feedback as to material deficiencies in the application
   20  by July 1. The applicant shall then have until August 1 to
   21  resubmit a revised and final application. The sponsor may
   22  approve the draft application. A sponsor may not charge an
   23  applicant for a charter any fee for the processing or
   24  consideration of an application, and a sponsor may not base its
   25  consideration or approval of a final application upon the
   26  promise of future payment of any kind. Before approving or
   27  denying any final application, the sponsor shall allow the
   28  applicant, upon receipt of written notification, at least 7
   29  calendar days to make technical or nonsubstantive corrections
   30  and clarifications, including, but not limited to, corrections
   31  of grammatical, typographical, and like errors or missing
   32  signatures, if such errors are identified by the sponsor as
   33  cause to deny the final application.
   34         1. In order to facilitate an accurate budget projection
   35  process, a sponsor shall be held harmless for FTE students who
   36  are not included in the FTE projection due to approval of
   37  charter school applications after the FTE projection deadline.
   38  In a further effort to facilitate an accurate budget projection,
   39  within 15 calendar days after receipt of a charter school
   40  application, a sponsor shall report to the Department of
   41  Education the name of the applicant entity, the proposed charter
   42  school location, and its projected FTE.
   43         2. In order to ensure fiscal responsibility, an application
   44  for a charter school made by an individual, teachers, parents, a
   45  group of individuals, a municipality, a legal entity organized
   46  under the laws of this state, or any other third party
   47  associated with the management or reporting responsibility of
   48  the charter school contract shall include a full accounting of
   49  expected assets, a projection of expected sources and amounts of
   50  income, including income derived from projected student
   51  enrollments and from community support, and an expense
   52  projection that includes full accounting of the costs of
   53  operation, including start-up costs, and fees paid to a third
   54  party for services and the purpose of such fees.
   55         3.a. A sponsor shall by a majority vote approve or deny an
   56  application no later than 60 calendar days after the application
   57  is received, unless the sponsor and the applicant mutually agree
   58  in writing to temporarily postpone the vote to a specific date,
   59  at which time the sponsor shall by a majority vote approve or
   60  deny the application. If the sponsor fails to act on the
   61  application, an applicant may appeal to the State Board of
   62  Education as provided in paragraph (c). If an application is
   63  denied, the sponsor shall, within 10 calendar days after such
   64  denial, articulate in writing the specific reasons, based upon
   65  good cause, supporting its denial of the charter application and
   66  shall provide the letter of denial and supporting documentation
   67  to the applicant and to the Department of Education.
   68         b. An application submitted by a high-performing charter
   69  school identified pursuant to s. 1002.331 may be denied by the
   70  sponsor only if the sponsor demonstrates by clear and convincing
   71  evidence that:
   72         (I) The application does not materially comply with the
   73  requirements in paragraph (a);
   74         (II) The charter school proposed in the application does
   75  not materially comply with the requirements in paragraphs
   76  (9)(a)-(f);
   77         (III) The proposed charter school’s educational program
   78  does not substantially replicate that of the applicant or one of
   79  the applicant’s high-performing charter schools;
   80         (IV) The applicant has made a material misrepresentation or
   81  false statement or concealed an essential or material fact
   82  during the application process; or
   83         (V) The proposed charter school’s educational program and
   84  financial management practices do not materially comply with the
   85  requirements of this section.
   87  Material noncompliance is a failure to follow requirements or a
   88  violation of prohibitions applicable to charter school
   89  applications, which failure is quantitatively or qualitatively
   90  significant either individually or when aggregated with other
   91  noncompliance. An applicant is considered to be replicating a
   92  high-performing charter school if the proposed school is
   93  substantially similar to at least one of the applicant’s high
   94  performing charter schools and the organization or individuals
   95  involved in the establishment and operation of the proposed
   96  school are significantly involved in the operation of replicated
   97  schools.
   98         c. If the sponsor denies an application submitted by a
   99  high-performing charter school, the sponsor must, within 10
  100  calendar days after such denial, state in writing the specific
  101  reasons, based upon the criteria in sub-subparagraph b.,
  102  supporting its denial of the application and must provide the
  103  letter of denial and supporting documentation to the applicant
  104  and to the Department of Education. The applicant may appeal the
  105  sponsor’s denial of the application directly to the State Board
  106  of Education pursuant to sub-subparagraph (c)3.b.
  107         4. For budget projection purposes, the sponsor shall report
  108  to the Department of Education the approval or denial of a
  109  charter application within 10 calendar days after such approval
  110  or denial. In the event of approval, the report to the
  111  Department of Education shall include the final projected FTE
  112  for the approved charter school.
  113         5. Upon approval of a charter application, the initial
  114  startup shall commence with the beginning of the public school
  115  calendar for the district in which the charter is granted unless
  116  the sponsor allows a waiver of this subparagraph for good cause.
  118  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  119  And the directory clause is amended as follows:
  120         Delete line 17
  121  and insert:
  122         Section 1. Paragraphs (b) and (h) of subsection (6) and
  123  paragraph
  125  ================= T I T L E  A M E N D M E N T ================
  126  And the title is amended as follows:
  127         Delete line 3
  128  and insert:
  129         1002.33, F.S.; revising requirements for charter
  130         school applications to include additional fiscal
  131         responsibility standards; authorizing contract
  132         disputes to be