Florida Senate - 2015                             CS for SB 1552
       
       
        
       By the Committee on Education Pre-K - 12; and Senator
       Benacquisto
       
       
       
       
       581-02522-15                                          20151552c1
    1                        A bill to be entitled                      
    2         An act relating to student choice; amending s.
    3         1002.20, F.S.; conforming a provision to changes made
    4         by the act; providing the right of a parent to know
    5         the average amount of money expended for the education
    6         of his or her child; requiring the Department of
    7         Education to provide each school district with such
    8         information and requiring the school districts to
    9         provide notification to parents; authorizing the
   10         information to be published in the student handbook or
   11         a similar publication; amending s. 1002.31, F.S.;
   12         deleting the definition of the term “controlled open
   13         enrollment” and deleting provisions relating to
   14         controlled open enrollment; requiring each district
   15         school board to establish a public school parental
   16         choice policy that allows students to attend any
   17         public school that has not reached capacity in their
   18         district; requiring assignments to be made on a first
   19         come, first-served basis; requiring that the public
   20         school parental choice plan define the term
   21         “capacity”; authorizing a parent to enroll his or her
   22         child in any public school that has not reached
   23         capacity in the state; amending s. 1002.33, F.S.;
   24         revising required contents of charter school
   25         applications; requiring a charter school to submit
   26         quarterly financial statements for the first year of
   27         operation with specified information included;
   28         requiring a charter school to submit a plan to become
   29         financially viable under certain circumstances;
   30         conforming provisions regarding the appeal process for
   31         denial of a high-performing charter school
   32         application; specifying that the reading curriculum
   33         and instructional strategies in a charter school’s
   34         charter satisfy the research-based reading plan
   35         requirement and that charter schools are eligible for
   36         the research-based reading allocation; requiring a
   37         person or officer of an entity who submits a charter
   38         school application to undergo background screening;
   39         prohibiting a sponsor from approving a charter school
   40         application until completion, receipt, and review of
   41         the results of such screening; requiring a charter to
   42         document that the governing board is independent of a
   43         management company or cooperative; revising charter
   44         provisions relating to long-term charters; revising
   45         the deadline by which a charter school must have a
   46         certificate of occupancy or temporary certificate of
   47         occupancy; revising conditions for nonrenewal or
   48         termination of a charter; requiring the sponsor to
   49         review monthly financial statements; requiring the
   50         sponsor to notify specified parties of a charter’s
   51         termination under certain circumstances; requiring a
   52         charter school’s governing board to appoint a
   53         representative to provide information and assistance
   54         to parents; requiring the governing board to hold a
   55         certain number of meetings that are noticed, open, and
   56         accessible to the public per school year; requiring a
   57         charter school with space available to be open to any
   58         student in the state; revising requirements for the
   59         funding of charter schools; prohibiting the district
   60         school board from delaying payment to a charter school
   61         under specified circumstances; requiring the
   62         Department of Education to include a standard
   63         application form when providing information to the
   64         public on how to form, operate, and enroll in a
   65         charter school; prohibiting an employee of a
   66         management company or cooperative from being a member
   67         of a charter school governing board; prohibiting
   68         specified conflicts of interests on the part of
   69         members of the governing board of a charter school or
   70         charter school cooperative organization; amending s.
   71         1002.331, F.S.; providing an exception to the
   72         prohibition on a high-performing charter school
   73         establishing more than one charter school in this
   74         state under specified circumstances; conforming
   75         provisions and a cross-reference to changes made by
   76         the act; amending s. 1002.332, F.S.; authorizing
   77         certain out-of-state entities to apply for designation
   78         as a high-performing charter school system; requiring
   79         the State Board of Education to adopt by rule
   80         eligibility criteria for such designation; requiring
   81         that charter schools established by such entities
   82         receive a reduction in certain administrative fees;
   83         amending s. 1002.451, F.S.; conforming a provision to
   84         changes made by the act; creating s. 1003.3101, F.S.;
   85         requiring each district school board to establish a
   86         classroom teacher transfer process for parents,
   87         approve or deny a request within a certain timeframe,
   88         and post an explanation of the transfer process in the
   89         student handbook or a similar publication; creating s.
   90         1003.5711, F.S.; providing that certain students who
   91         are deemed eligible for hospitalized program services
   92         are considered students with a disability; authorizing
   93         an individual education plan to be modified to
   94         accommodate such services; requiring the student to
   95         continue to receive educational instruction; requiring
   96         a school district to provide the student with a
   97         certified teacher or to partner with the Florida
   98         Virtual School for instructional services under
   99         certain circumstances; requiring the department to
  100         transfer funds for the student; requiring a children’s
  101         hospital to provide adequate educational space for
  102         each student; requiring the hospital and school
  103         district to enter in an agreement; creating s.
  104         1004.6491, F.S.; establishing the Florida Institute
  105         for Charter School Innovation; specifying requirements
  106         for the institute; requiring an annual report to the
  107         Governor and the Legislature; requiring a report on
  108         the institute’s annual financial audit to the Auditor
  109         General, the Board of Governors of the State
  110         University System, and the State Board of Education;
  111         amending s. 1006.15, F.S.; conforming provisions to
  112         changes made by the act; amending s. 1011.61, F.S.;
  113         revising the definition of the term “full-time
  114         student” for the purposes of the Florida Education
  115         Finance Program; creating s. 1011.6202, F.S.; creating
  116         the Charter School District Pilot Program; providing a
  117         procedure for a school district to participate in the
  118         pilot program; providing requirements for
  119         participating school districts and schools; exempting
  120         participating school districts from certain laws and
  121         rules; providing that charter school districts must
  122         comply with certain laws and rules; requiring
  123         principals of participating schools to complete a
  124         specific professional development program; providing
  125         the authorization period of a charter; providing for
  126         renewal and revocation of a charter; providing for
  127         reporting and rulemaking; amending s. 1011.69, F.S.;
  128         requiring district school boards participating in the
  129         pilot program to allocate a specified percentage of
  130         certain funds to participating schools; amending s.
  131         1012.28, F.S.; providing additional authority and
  132         responsibilities of the principal of a participating
  133         school in a charter school district; amending s.
  134         1012.42, F.S.; authorizing a parent who receives
  135         notification that a teacher is teaching outside his or
  136         her field to request that his or her child be
  137         transferred to another classroom teacher within the
  138         school and grade in which the child is currently
  139         enrolled; amending s. 1012.986, F.S.; specifying the
  140         contents of a specific professional development
  141         program for certain school principals; amending s.
  142         1013.62, F.S.; revising eligibility requirements for
  143         charter school capital outlay funding; specifying
  144         applicability of certain reporting requirements to
  145         charter schools and public schools; providing an
  146         effective date.
  147          
  148  Be It Enacted by the Legislature of the State of Florida:
  149  
  150         Section 1. Paragraph (a) of subsection (6) of section
  151  1002.20, Florida Statutes, is amended, and subsection (25) is
  152  added to that section, to read:
  153         1002.20 K-12 student and parent rights.—Parents of public
  154  school students must receive accurate and timely information
  155  regarding their child’s academic progress and must be informed
  156  of ways they can help their child to succeed in school. K-12
  157  students and their parents are afforded numerous statutory
  158  rights including, but not limited to, the following:
  159         (6) EDUCATIONAL CHOICE.—
  160         (a) Public school choices.—Parents of public school
  161  students may seek whatever public school choice options that are
  162  applicable and available to students in their school districts.
  163  These options may include public school parental choice
  164  controlled open enrollment, single-gender programs, lab schools,
  165  virtual instruction programs, charter schools, charter technical
  166  career centers, magnet schools, alternative schools, special
  167  programs, auditory-oral education programs, advanced placement,
  168  dual enrollment, International Baccalaureate, International
  169  General Certificate of Secondary Education (pre-AICE), Advanced
  170  International Certificate of Education, CAPE digital tools, CAPE
  171  industry certifications, collegiate high school programs, early
  172  admissions, credit by examination or demonstration of
  173  competency, the New World School of the Arts, the Florida School
  174  for the Deaf and the Blind, and the Florida Virtual School.
  175  These options may also include the public school choice options
  176  of the Opportunity Scholarship Program and the McKay
  177  Scholarships for Students with Disabilities Program.
  178         (25) FISCAL TRANSPARENCY.—A parent has the right to know
  179  the average amount of money estimated to be expended from all
  180  sources, state, local, and federal, for the education of his or
  181  her child, including operating and capital outlay expenses. The
  182  department shall annually provide each district the estimated
  183  amount of funding allocated for a student in the district by
  184  grade level and level of support. Each district must notify
  185  parents of the estimated amount of funding allocated for a
  186  student similar to their child, based upon grade level and level
  187  of support. The fiscal transparency notification may be included
  188  in the student handbook or a similar publication.
  189         Section 2. Subsections (1), (2), and (3) of section
  190  1002.31, Florida Statutes, are amended to read:
  191         1002.31 Controlled open enrollment; Public school parental
  192  choice.—
  193         (1) As used in this section, “controlled open enrollment”
  194  means a public education delivery system that allows school
  195  districts to make student school assignments using parents’
  196  indicated preferential school choice as a significant factor.
  197         (1)(2) Each district school board shall establish a public
  198  school parental choice policy that authorizes a parent to choose
  199  to enroll his or her child in and transport his or her child to
  200  any public school that has not reached capacity, including
  201  charter schools, in the district. This policy may offer
  202  controlled open enrollment within the public schools which is in
  203  addition to the existing choice programs, such as virtual
  204  instruction programs, magnet schools, alternative schools,
  205  special programs, CAPE digital tools, CAPE industry
  206  certifications, advanced placement, collegiate high school
  207  programs, and dual enrollment.
  208         (2)(3) Each district school board offering controlled open
  209  enrollment shall adopt by rule and post on its website a public
  210  school parental choice controlled open enrollment plan which
  211  must:
  212         (a) Adhere to federal desegregation requirements.
  213         (b) Include an application process required to participate
  214  in public school parental choice controlled open enrollment that
  215  allows parents to declare school preferences, including
  216  placement of siblings within the same school.
  217         (c) Assign students on a first-come, first-served basis
  218  based upon the date and time complete applications are received
  219  by the school district Provide a lottery procedure to determine
  220  student assignment and establish an appeals process for hardship
  221  cases.
  222         (d) Afford parents of students in multiple session schools
  223  preferred access to controlled open enrollment.
  224         (e) Maintain socioeconomic, demographic, and racial
  225  balance.
  226         (f) Address the availability of transportation.
  227         (g) Define the term “capacity” as determined by the school
  228  district. When determining the capacity of each school in the
  229  district, the school district shall incorporate the
  230  specifications, plans, elements, and commitments contained in
  231  the school district educational facilities plan and the long
  232  term work programs required under s. 1013.35 in its
  233  determination.
  234         (3) A parent may choose to enroll his or her child in and
  235  transport his or her child to any public school that has not
  236  reached capacity, including charter schools, in any school
  237  district in the state. The school district shall accept the
  238  student and report the student for purposes of the district’s
  239  funding pursuant to the Florida Education Finance Program.
  240         Section 3. Paragraphs (a), (b), and (c) of subsection (6),
  241  paragraphs (a), (b), and (d) of subsection (7), paragraphs (e),
  242  (f), and (g) of subsection (8), paragraphs (g), (n), and (p) of
  243  subsection (9), paragraph (a) of subsection (10), paragraphs (b)
  244  and (e) of subsection (17), subsection (21), and paragraph (c)
  245  of subsection (26) of section 1002.33, Florida Statutes, are
  246  amended, paragraphs (h) and (i) are added to subsection (8) of
  247  that section, a new subsection (27) is added to that section,
  248  and present subsections (27) and (28) are redesignated as
  249  subsections (28) and (29), respectively, to read:
  250         1002.33 Charter schools.—
  251         (6) APPLICATION PROCESS AND REVIEW.—Charter school
  252  applications are subject to the following requirements:
  253         (a) A person or entity wishing to open a charter school
  254  shall prepare and submit an application on a model application
  255  form prepared by the Department of Education which:
  256         1. Demonstrates how the school will use the guiding
  257  principles and meet the statutorily defined purpose of a charter
  258  school.
  259         2. Provides a detailed curriculum plan that illustrates how
  260  students will be provided services to attain the Sunshine State
  261  Standards.
  262         3. Contains goals and objectives for improving student
  263  learning and measuring that improvement. These goals and
  264  objectives must indicate how much academic improvement students
  265  are expected to show each year, how success will be evaluated,
  266  and the specific results to be attained through instruction.
  267         4. Describes the reading curriculum and differentiated
  268  strategies that will be used for students reading at grade level
  269  or higher and a separate curriculum and strategies for students
  270  who are reading below grade level. A sponsor shall deny an
  271  application a charter if the school does not propose a reading
  272  curriculum that is consistent with effective teaching strategies
  273  that are grounded in scientifically based reading research, but
  274  the sponsor may not require the school to implement any
  275  curriculum adopted by the school district.
  276         5. Contains an annual financial plan for each year
  277  requested by the charter for operation of the school for up to 5
  278  years. This plan must contain anticipated fund balances based on
  279  revenue projections, a spending plan based on projected revenues
  280  and expenses, and a description of controls that will safeguard
  281  finances and projected enrollment trends.
  282         6. Discloses the name of each applicant, governing board
  283  member, and proposed management company or cooperative, if any;
  284  the name and sponsor of any charter school currently operated or
  285  previously operated by such parties; and the academic and
  286  financial history of such charter schools, which the sponsor
  287  shall consider in deciding to approve or deny the application.
  288         7. Documents that the governing board is independent of any
  289  management company or cooperative and may, at its sole
  290  discretion, terminate a contract with the management company or
  291  cooperative at any time.
  292         8.6. Contains additional information a sponsor may require,
  293  which shall be attached as an addendum to the charter school
  294  application described in this paragraph.
  295         9.7. For the establishment of a virtual charter school,
  296  documents that the applicant has contracted with a provider of
  297  virtual instruction services pursuant to s. 1002.45(1)(d).
  298         (b) A sponsor shall receive and review all applications for
  299  a charter school using an evaluation instrument developed by the
  300  Department of Education. A sponsor shall receive and consider
  301  charter school applications received on or before August 1 of
  302  each calendar year for charter schools to be opened at the
  303  beginning of the school district’s next school year, or to be
  304  opened at a time agreed to by the applicant and the sponsor. A
  305  sponsor may not refuse to receive a charter school application
  306  submitted before August 1 and may receive an application
  307  submitted later than August 1 if it chooses. In order to
  308  facilitate greater collaboration in the application process, an
  309  applicant may submit a draft charter school application on or
  310  before May 1 with an application fee of $500. If a draft
  311  application is timely submitted, the sponsor shall review and
  312  provide feedback as to material deficiencies in the application
  313  by July 1. The applicant shall then have until August 1 to
  314  resubmit a revised and final application. The sponsor may
  315  approve the draft application. Except as provided for a draft
  316  application, a sponsor may not charge an applicant for a charter
  317  any fee for the processing or consideration of an application,
  318  and a sponsor may not base its consideration or approval of a
  319  final application upon the promise of future payment of any
  320  kind. Before approving or denying any final application, the
  321  sponsor shall allow the applicant, upon receipt of written
  322  notification, at least 7 calendar days to make technical or
  323  nonsubstantive corrections and clarifications, including, but
  324  not limited to, corrections of grammatical, typographical, and
  325  like errors or missing signatures, if such errors are identified
  326  by the sponsor as cause to deny the final application.
  327         1. In order to facilitate an accurate budget projection
  328  process, a sponsor shall be held harmless for FTE students who
  329  are not included in the FTE projection due to approval of
  330  charter school applications after the FTE projection deadline.
  331  In a further effort to facilitate an accurate budget projection,
  332  within 15 calendar days after receipt of a charter school
  333  application, a sponsor shall report to the Department of
  334  Education the name of the applicant entity, the proposed charter
  335  school location, and its projected FTE.
  336         2. In order to ensure fiscal responsibility, an application
  337  for a charter school shall include a full accounting of expected
  338  assets, a projection of expected sources and amounts of income,
  339  including income derived from projected student enrollments and
  340  from community support, and an expense projection that includes
  341  full accounting of the costs of operation, including start-up
  342  costs. To ensure continued financial responsibility, a charter
  343  school shall submit quarterly financial statements for the first
  344  year of operation which include a full accounting of the costs
  345  of operation and sources of income. If a school’s financial
  346  statement indicates that the school is not financially viable,
  347  the school must also prepare and submit a plan that describes
  348  specific actions the school will take to become viable.
  349         3.a. A sponsor shall by a majority vote approve or deny an
  350  application no later than 60 calendar days after the application
  351  is received, unless the sponsor and the applicant mutually agree
  352  in writing to temporarily postpone the vote to a specific date,
  353  at which time the sponsor shall by a majority vote approve or
  354  deny the application. If the sponsor fails to act on the
  355  application, an applicant may appeal to the State Board of
  356  Education as provided in paragraph (c). If an application is
  357  denied, the sponsor shall, within 10 calendar days after such
  358  denial, articulate in writing the specific reasons, based upon
  359  good cause, supporting its denial of the charter application and
  360  shall provide the letter of denial and supporting documentation
  361  to the applicant and to the Department of Education.
  362         b. An application submitted by a high-performing charter
  363  school identified pursuant to s. 1002.331 may be denied by the
  364  sponsor only if the sponsor demonstrates by clear and convincing
  365  evidence that:
  366         (I) The application does not materially comply with the
  367  requirements in paragraph (a);
  368         (II) The charter school proposed in the application does
  369  not materially comply with the requirements in paragraphs
  370  (9)(a)-(f);
  371         (III) The proposed charter school’s educational program
  372  does not substantially replicate that of the applicant or one of
  373  the applicant’s high-performing charter schools;
  374         (IV) The applicant has made a material misrepresentation or
  375  false statement or concealed an essential or material fact
  376  during the application process; or
  377         (V) The proposed charter school’s educational program and
  378  financial management practices do not materially comply with the
  379  requirements of this section.
  380  
  381  Material noncompliance is a failure to follow requirements or a
  382  violation of prohibitions applicable to charter school
  383  applications, which failure is quantitatively or qualitatively
  384  significant either individually or when aggregated with other
  385  noncompliance. An applicant is considered to be replicating a
  386  high-performing charter school if the proposed school is
  387  substantially similar to at least one of the applicant’s high
  388  performing charter schools and the organization or individuals
  389  involved in the establishment and operation of the proposed
  390  school are significantly involved in the operation of replicated
  391  schools.
  392         c. If the sponsor denies an application submitted by a
  393  high-performing charter school, the sponsor must, within 10
  394  calendar days after such denial, state in writing the specific
  395  reasons, based upon the criteria in sub-subparagraph b.,
  396  supporting its denial of the application and must provide the
  397  letter of denial and supporting documentation to the applicant
  398  and to the Department of Education. The applicant may appeal the
  399  sponsor’s denial of the application directly to the State Board
  400  of Education pursuant to paragraph (c) and must provide the
  401  sponsor with a copy of the appeal sub-subparagraph (c)3.b.
  402         4. For budget projection purposes, the sponsor shall report
  403  to the Department of Education the approval or denial of a
  404  charter application within 10 calendar days after such approval
  405  or denial. In the event of approval, the report to the
  406  Department of Education shall include the final projected FTE
  407  for the approved charter school.
  408         5. Upon approval of a charter application, the initial
  409  startup shall commence with the beginning of the public school
  410  calendar for the district in which the charter is granted unless
  411  the sponsor allows a waiver of this subparagraph for good cause.
  412         6. A person, or an officer of an entity, who submits an
  413  application pursuant to this subsection must undergo background
  414  screening in the same manner as instructional and
  415  noninstructional personnel hired or contracted to fill positions
  416  in a charter school or as members of the governing board of a
  417  charter school undergo background screening under s. 1012.32.
  418  Notwithstanding any other provision of this subsection, a person
  419  may not receive approval of a charter application until the
  420  person’s screening is completed and the results have been
  421  submitted to, and reviewed by, the sponsor.
  422         (c)1. An applicant may appeal any denial of that
  423  applicant’s application or failure to act on an application to
  424  the State Board of Education within no later than 30 calendar
  425  days after receipt of the sponsor’s decision or failure to act
  426  and shall notify the sponsor of its appeal. Any response of the
  427  sponsor shall be submitted to the State Board of Education
  428  within 30 calendar days after notification of the appeal. Upon
  429  receipt of notification from the State Board of Education that a
  430  charter school applicant is filing an appeal, the Commissioner
  431  of Education shall convene a meeting of the Charter School
  432  Appeal Commission to study and make recommendations to the State
  433  Board of Education regarding its pending decision about the
  434  appeal. The commission shall forward its recommendation to the
  435  state board at least 7 calendar days before the date on which
  436  the appeal is to be heard. An appeal regarding the denial of an
  437  application submitted by a high-performing charter school
  438  pursuant to s. 1002.331 shall be conducted by the State Board of
  439  Education in accordance with this paragraph, except that the
  440  commission shall not convene to make recommendations regarding
  441  the appeal. However, the Commissioner of Education shall review
  442  the appeal and make a recommendation to the state board.
  443         2. The Charter School Appeal Commission or, in the case of
  444  an appeal regarding an application submitted by a high
  445  performing charter school, the State Board of Education may
  446  reject an appeal submission for failure to comply with
  447  procedural rules governing the appeals process. The rejection
  448  shall describe the submission errors. The appellant shall have
  449  15 calendar days after notice of rejection in which to resubmit
  450  an appeal that meets the requirements set forth in State Board
  451  of Education rule. An appeal submitted subsequent to such
  452  rejection is considered timely if the original appeal was filed
  453  within 30 calendar days after receipt of notice of the specific
  454  reasons for the sponsor’s denial of the charter application.
  455         3.a. The State Board of Education shall by majority vote
  456  accept or reject the decision of the sponsor no later than 90
  457  calendar days after an appeal is filed in accordance with State
  458  Board of Education rule. The State Board of Education shall
  459  remand the application to the sponsor with its written decision
  460  that the sponsor approve or deny the application. The sponsor
  461  shall implement the decision of the State Board of Education.
  462  The decision of the State Board of Education is not subject to
  463  the provisions of the Administrative Procedure Act, chapter 120.
  464         b. If an appeal concerns an application submitted by a
  465  high-performing charter school identified pursuant to s.
  466  1002.331, the State Board of Education shall determine whether
  467  the sponsor’s denial of the application complies with the
  468  requirements in sub-subparagraph (b)3.b. sponsor has shown, by
  469  clear and convincing evidence, that:
  470         (I) The application does not materially comply with the
  471  requirements in paragraph (a);
  472         (II) The charter school proposed in the application does
  473  not materially comply with the requirements in paragraphs
  474  (9)(a)-(f);
  475         (III) The proposed charter school’s educational program
  476  does not substantially replicate that of the applicant or one of
  477  the applicant’s high-performing charter schools;
  478         (IV) The applicant has made a material misrepresentation or
  479  false statement or concealed an essential or material fact
  480  during the application process; or
  481         (V) The proposed charter school’s educational program and
  482  financial management practices do not materially comply with the
  483  requirements of this section.
  484  
  485  The State Board of Education shall approve or reject the
  486  sponsor’s denial of an application no later than 90 calendar
  487  days after an appeal is filed in accordance with State Board of
  488  Education rule. The State Board of Education shall remand the
  489  application to the sponsor with its written decision that the
  490  sponsor approve or deny the application. The sponsor shall
  491  implement the decision of the State Board of Education. The
  492  decision of the State Board of Education is not subject to the
  493  Administrative Procedure Act, chapter 120.
  494         (7) CHARTER.—The major issues involving the operation of a
  495  charter school shall be considered in advance and written into
  496  the charter. The charter shall be signed by the governing board
  497  of the charter school and the sponsor, following a public
  498  hearing to ensure community input.
  499         (a) The charter shall address and criteria for approval of
  500  the charter shall be based on:
  501         1. The school’s mission, the students to be served, and the
  502  ages and grades to be included.
  503         2. The focus of the curriculum, the instructional methods
  504  to be used, any distinctive instructional techniques to be
  505  employed, and identification and acquisition of appropriate
  506  technologies needed to improve educational and administrative
  507  performance which include a means for promoting safe, ethical,
  508  and appropriate uses of technology which comply with legal and
  509  professional standards.
  510         a. The charter shall ensure that reading is a primary focus
  511  of the curriculum and that resources are provided to identify
  512  and provide specialized instruction for students who are reading
  513  below grade level. The curriculum and instructional strategies
  514  for reading must be consistent with the Next Generation Sunshine
  515  State Standards and grounded in scientifically based reading
  516  research. For purposes of determining eligibility for the
  517  research-based reading instruction allocation, the reading
  518  curriculum and instructional strategies specified in the charter
  519  satisfy the research-based reading plan requirement under s.
  520  1011.62(9).
  521         b. In order to provide students with access to diverse
  522  instructional delivery models, to facilitate the integration of
  523  technology within traditional classroom instruction, and to
  524  provide students with the skills they need to compete in the
  525  21st century economy, the Legislature encourages instructional
  526  methods for blended learning courses consisting of both
  527  traditional classroom and online instructional techniques.
  528  Charter schools may implement blended learning courses which
  529  combine traditional classroom instruction and virtual
  530  instruction. Students in a blended learning course must be full
  531  time students of the charter school and receive the online
  532  instruction in a classroom setting at the charter school.
  533  Instructional personnel certified pursuant to s. 1012.55 who
  534  provide virtual instruction for blended learning courses may be
  535  employees of the charter school or may be under contract to
  536  provide instructional services to charter school students. At a
  537  minimum, such instructional personnel must hold an active state
  538  or school district adjunct certification under s. 1012.57 for
  539  the subject area of the blended learning course. The funding and
  540  performance accountability requirements for blended learning
  541  courses are the same as those for traditional courses.
  542         3. The current incoming baseline standard of student
  543  academic achievement, the outcomes to be achieved, and the
  544  method of measurement that will be used. The criteria listed in
  545  this subparagraph shall include a detailed description of:
  546         a. How the baseline student academic achievement levels and
  547  prior rates of academic progress will be established.
  548         b. How these baseline rates will be compared to rates of
  549  academic progress achieved by these same students while
  550  attending the charter school.
  551         c. To the extent possible, how these rates of progress will
  552  be evaluated and compared with rates of progress of other
  553  closely comparable student populations.
  554  
  555  The district school board is required to provide academic
  556  student performance data to charter schools for each of their
  557  students coming from the district school system, as well as
  558  rates of academic progress of comparable student populations in
  559  the district school system.
  560         4. The methods used to identify the educational strengths
  561  and needs of students and how well educational goals and
  562  performance standards are met by students attending the charter
  563  school. The methods shall provide a means for the charter school
  564  to ensure accountability to its constituents by analyzing
  565  student performance data and by evaluating the effectiveness and
  566  efficiency of its major educational programs. Students in
  567  charter schools shall, at a minimum, participate in the
  568  statewide assessment program created under s. 1008.22.
  569         5. In secondary charter schools, a method for determining
  570  that a student has satisfied the requirements for graduation in
  571  s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
  572         6. A method for resolving conflicts between the governing
  573  board of the charter school and the sponsor.
  574         7. The admissions procedures and dismissal procedures,
  575  including the school’s code of student conduct.
  576         8. The ways by which the school will achieve a
  577  racial/ethnic balance reflective of the community it serves or
  578  within the racial/ethnic range of other public schools in the
  579  same school district.
  580         9. The financial and administrative management of the
  581  school, including a reasonable demonstration of the professional
  582  experience or competence of those individuals or organizations
  583  applying to operate the charter school or those hired or
  584  retained to perform such professional services and the
  585  description of clearly delineated responsibilities and the
  586  policies and practices needed to effectively manage the charter
  587  school. A description of internal audit procedures and
  588  establishment of controls to ensure that financial resources are
  589  properly managed must be included. Both public sector and
  590  private sector professional experience shall be equally valid in
  591  such a consideration. The charter must document that the
  592  governing board is independent of any management company or
  593  cooperative and may, at its sole discretion, terminate the
  594  contract with the management company or cooperative at any time.
  595         10. The asset and liability projections required in the
  596  application which are incorporated into the charter and shall be
  597  compared with information provided in the annual report of the
  598  charter school.
  599         11. A description of procedures that identify various risks
  600  and provide for a comprehensive approach to reduce the impact of
  601  losses; plans to ensure the safety and security of students and
  602  staff; plans to identify, minimize, and protect others from
  603  violent or disruptive student behavior; and the manner in which
  604  the school will be insured, including whether or not the school
  605  will be required to have liability insurance, and, if so, the
  606  terms and conditions thereof and the amounts of coverage.
  607         12. The term of the charter which shall provide for
  608  cancellation of the charter if insufficient progress has been
  609  made in attaining the student achievement objectives of the
  610  charter and if it is not likely that such objectives can be
  611  achieved before expiration of the charter. The initial term of
  612  the a charter is either shall be for 4 years or 5 years. In
  613  order to facilitate access to long-term financial resources for
  614  charter school construction, Charter schools that are operated
  615  by a municipality or other public entity, as provided by law, or
  616  a private, not-for-profit corporation granted 501(c)(3) status
  617  by the Internal Revenue Service are eligible for up to a 15-year
  618  charter, subject to approval by the district school board. A
  619  charter lab school is also eligible for a charter for a term of
  620  up to 15 years. In addition, to facilitate access to long-term
  621  financial resources for charter school construction, charter
  622  schools that are operated by a private, not-for-profit, s.
  623  501(c)(3) status corporation are eligible for up to a 15-year
  624  charter, subject to approval by the district school board. Such
  625  long-term charters remain subject to annual review and may be
  626  terminated during the term of the charter, but only according to
  627  the provisions set forth in subsection (8) or paragraph (9)(n).
  628         13. Termination or nonrenewal of the charter pursuant to
  629  subsection (8) or paragraph (9)(n).
  630         14.13. The facilities to be used and their location. The
  631  sponsor shall may not require a charter school to have a
  632  certificate of occupancy or a temporary certificate of occupancy
  633  for such a facility no later than 30 earlier than 15 calendar
  634  days before the first day of school.
  635         15.14. The qualifications to be required of the teachers
  636  and the potential strategies used to recruit, hire, train, and
  637  retain qualified staff to achieve best value.
  638         16.15. The governance structure of the school, including
  639  the status of the charter school as a public or private employer
  640  as required in paragraph (12)(i).
  641         17.16. A timetable for implementing the charter which
  642  addresses the implementation of each element thereof and the
  643  date by which the charter shall be awarded in order to meet this
  644  timetable.
  645         18.17. In the case of an existing public school that is
  646  being converted to charter status, alternative arrangements for
  647  current students who choose not to attend the charter school and
  648  for current teachers who choose not to teach in the charter
  649  school after conversion in accordance with the existing
  650  collective bargaining agreement or district school board rule in
  651  the absence of a collective bargaining agreement. However,
  652  alternative arrangements shall not be required for current
  653  teachers who choose not to teach in a charter lab school, except
  654  as authorized by the employment policies of the state university
  655  which grants the charter to the lab school.
  656         19.18. Full disclosure of the identity of all relatives
  657  employed by the charter school who are related to the charter
  658  school owner, president, chairperson of the governing board of
  659  directors, superintendent, governing board member, principal,
  660  assistant principal, or any other person employed by the charter
  661  school who has equivalent decisionmaking authority. For the
  662  purpose of this subparagraph, the term “relative” means father,
  663  mother, son, daughter, brother, sister, uncle, aunt, first
  664  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  665  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  666  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  667  stepsister, half brother, or half sister.
  668         20.19. Implementation of the activities authorized under s.
  669  1002.331 by the charter school when it satisfies the eligibility
  670  requirements for a high-performing charter school. A high
  671  performing charter school shall notify its sponsor in writing by
  672  March 1 if it intends to increase enrollment or expand grade
  673  levels the following school year. The written notice shall
  674  specify the amount of the enrollment increase and the grade
  675  levels that will be added, as applicable.
  676         (b)1. A charter may be renewed provided that a program
  677  review demonstrates that the criteria in paragraph (a) have been
  678  successfully accomplished and that none of the grounds for
  679  nonrenewal established by paragraph (8)(a) has been documented.
  680  In order to facilitate long-term financing for charter school
  681  construction, Charter schools operating for a minimum of 3 years
  682  and demonstrating exemplary academic programming and fiscal
  683  management are eligible for a 15-year charter renewal. Such
  684  long-term charter is subject to annual review and may be
  685  terminated during the term of the charter.
  686         2. The 15-year charter renewal that may be granted pursuant
  687  to subparagraph 1. shall be granted to a charter school that has
  688  received a school grade of “A” or “B” pursuant to s. 1008.34 in
  689  3 of the past 4 years and is not in a state of financial
  690  emergency or deficit position as defined by this section. Such
  691  long-term charter is subject to annual review and may be
  692  terminated during the term of the charter pursuant to subsection
  693  (8).
  694         (d)1. Each charter school’s governing board must appoint a
  695  representative to facilitate parental involvement, provide
  696  access to information, assist parents and others with questions
  697  and concerns, and resolve disputes. The representative must
  698  reside in the school district in which the charter school is
  699  located and may be a governing board member, charter school
  700  employee, or individual contracted to represent the governing
  701  board. If the governing board oversees multiple charter schools
  702  in the same school district, the governing board must appoint a
  703  separate individual representative for each charter school in
  704  the district. The representative’s contact information must be
  705  provided annually in writing to parents and posted prominently
  706  on the charter school’s website if a website is maintained by
  707  the school. The sponsor may not require that governing board
  708  members reside in the school district in which the charter
  709  school is located if the charter school complies with this
  710  paragraph.
  711         2. Each charter school’s governing board must hold at least
  712  two public meetings per school year in the school district. The
  713  meetings must be noticed, open, and accessible to the public,
  714  and attendees must be provided an opportunity to receive
  715  information and provide input regarding the charter school’s
  716  operations. The appointed representative and charter school
  717  principal or director, or his or her equivalent, must be
  718  physically present at each meeting.
  719         (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.—
  720         (e) When a charter is not renewed or is terminated or when
  721  a charter school is closed voluntarily by the operator, the
  722  school shall be dissolved under the provisions of law under
  723  which the school was organized, and any unencumbered public
  724  funds, except for capital outlay funds and federal charter
  725  school program grant funds, from the charter school shall revert
  726  to the sponsor. Capital outlay funds provided pursuant to s.
  727  1013.62 and federal charter school program grant funds that are
  728  unencumbered shall revert to the department to be redistributed
  729  among eligible charter schools. In the event a charter school is
  730  dissolved or is otherwise terminated, all district school board
  731  property and improvements, furnishings, and equipment purchased
  732  with public funds shall automatically revert to full ownership
  733  by the district school board, subject to complete satisfaction
  734  of any lawful liens or encumbrances. Any unencumbered public
  735  funds from the charter school, district school board property
  736  and improvements, furnishings, and equipment purchased with
  737  public funds, or financial or other records pertaining to the
  738  charter school, in the possession of any person, entity, or
  739  holding company, other than the charter school, shall be held in
  740  trust upon the district school board’s request, until any appeal
  741  status is resolved.
  742         (f) If a charter is not renewed or is terminated or a
  743  charter school is closed voluntarily by the operator, the
  744  charter school is responsible for all debts of the charter
  745  school. The district may not assume the debt from any contract
  746  made between the governing body of the school and a third party,
  747  except for a debt that is previously detailed and agreed upon in
  748  writing by both the district and the governing body of the
  749  school and that may not reasonably be assumed to have been
  750  satisfied by the district.
  751         (g) If a charter is not renewed or is terminated, a student
  752  who attended the school may apply to, and shall be enrolled in,
  753  another public school. Normal application deadlines shall be
  754  disregarded under such circumstances.
  755         (h) The governing board of a charter school that closes
  756  voluntarily shall notify the sponsor and the department in
  757  writing within 7 calendar days of its decision to cease
  758  operations. The notice must state the reasons for the closure
  759  and acknowledge that the governing board agrees to follow the
  760  procedures for dissolution and reversion of public funds
  761  specified in this subsection and paragraph (9)(o).
  762         (i) For a high-performing charter school that is having the
  763  charter agreement renewed, the charter contract, as that
  764  contract exists on the day the term of the contract is to
  765  terminate, must be automatically renewed for the length of the
  766  current term if the charter school governing board and sponsor
  767  have not executed the renewal before the term of the charter
  768  agreement is scheduled to expire.
  769         (9) CHARTER SCHOOL REQUIREMENTS.—
  770         (g)1. In order to provide financial information that is
  771  comparable to that reported for other public schools, charter
  772  schools are to maintain all financial records that constitute
  773  their accounting system:
  774         a. In accordance with the accounts and codes prescribed in
  775  the most recent issuance of the publication titled “Financial
  776  and Program Cost Accounting and Reporting for Florida Schools”;
  777  or
  778         b. At the discretion of the charter school’s governing
  779  board, a charter school may elect to follow generally accepted
  780  accounting standards for not-for-profit organizations, but must
  781  reformat this information for reporting according to this
  782  paragraph.
  783         2. Charter schools shall provide annual financial report
  784  and program cost report information in the state-required
  785  formats for inclusion in district reporting in compliance with
  786  s. 1011.60(1). Charter schools that are operated by a
  787  municipality or are a component unit of a parent nonprofit
  788  organization may use the accounting system of the municipality
  789  or the parent but must reformat this information for reporting
  790  according to this paragraph.
  791         3. A charter school shall, upon execution of the contract,
  792  provide the sponsor with a concise, uniform, monthly financial
  793  statement summary sheet that contains a balance sheet and a
  794  statement of revenue, expenditures, and changes in fund balance.
  795  The balance sheet and the statement of revenue, expenditures,
  796  and changes in fund balance shall be in the governmental funds
  797  format prescribed by the Governmental Accounting Standards
  798  Board. A high-performing charter school pursuant to s. 1002.331
  799  may provide a quarterly financial statement in the same format
  800  and requirements as the uniform monthly financial statement
  801  summary sheet. The sponsor shall review each monthly financial
  802  statement, to identify the existence of any conditions
  803  identified in s. 1002.345 (1)(a).
  804         4. A charter school shall maintain and provide financial
  805  information as required in this paragraph. The financial
  806  statement required in subparagraph 3. must be in a form
  807  prescribed by the Department of Education.
  808         (n)1. The director and a representative of the governing
  809  board of a charter school that has earned a grade of “D” or “F”
  810  pursuant to s. 1008.34 shall appear before the sponsor to
  811  present information concerning each contract component having
  812  noted deficiencies. The director and a representative of the
  813  governing board shall submit to the sponsor for approval a
  814  school improvement plan to raise student performance. Upon
  815  approval by the sponsor, the charter school shall begin
  816  implementation of the school improvement plan. The department
  817  shall offer technical assistance and training to the charter
  818  school and its governing board and establish guidelines for
  819  developing, submitting, and approving such plans.
  820         2.a. If a charter school earns three consecutive grades of
  821  “D,” two consecutive grades of “D” followed by a grade of “F,”
  822  or two nonconsecutive grades of “F” within a 3-year period, the
  823  charter school governing board shall choose one of the following
  824  corrective actions:
  825         (I) Contract for educational services to be provided
  826  directly to students, instructional personnel, and school
  827  administrators, as prescribed in state board rule;
  828         (II) Contract with an outside entity that has a
  829  demonstrated record of effectiveness to operate the school;
  830         (III) Reorganize the school under a new director or
  831  principal who is authorized to hire new staff; or
  832         (IV) Voluntarily close the charter school.
  833         b. The charter school must implement the corrective action
  834  in the school year following receipt of a third consecutive
  835  grade of “D,” a grade of “F” following two consecutive grades of
  836  “D,” or a second nonconsecutive grade of “F” within a 3-year
  837  period.
  838         c. The sponsor may annually waive a corrective action if it
  839  determines that the charter school is likely to improve a letter
  840  grade if additional time is provided to implement the
  841  intervention and support strategies prescribed by the school
  842  improvement plan. Notwithstanding this sub-subparagraph, a
  843  charter school that earns a second consecutive grade of “F” is
  844  subject to subparagraph 4.
  845         d. A charter school is no longer required to implement a
  846  corrective action if it improves by at least one letter grade.
  847  However, the charter school must continue to implement
  848  strategies identified in the school improvement plan. The
  849  sponsor must annually review implementation of the school
  850  improvement plan to monitor the school’s continued improvement
  851  pursuant to subparagraph 5.
  852         e. A charter school implementing a corrective action that
  853  does not improve by at least one letter grade after 2 full
  854  school years of implementing the corrective action must select a
  855  different corrective action. Implementation of the new
  856  corrective action must begin in the school year following the
  857  implementation period of the existing corrective action, unless
  858  the sponsor determines that the charter school is likely to
  859  improve a letter grade if additional time is provided to
  860  implement the existing corrective action. Notwithstanding this
  861  sub-subparagraph, a charter school that earns a second
  862  consecutive grade of “F” while implementing a corrective action
  863  is subject to subparagraph 4.
  864         3. A charter school with a grade of “D” or “F” that
  865  improves by at least one letter grade must continue to implement
  866  the strategies identified in the school improvement plan. The
  867  sponsor must annually review implementation of the school
  868  improvement plan to monitor the school’s continued improvement
  869  pursuant to subparagraph 5.
  870         4. A charter school’s charter is automatically terminated
  871  if the school earns two consecutive grades of “F” after all
  872  school grade appeals are final The sponsor shall terminate a
  873  charter if the charter school earns two consecutive grades of
  874  “F” unless:
  875         a. The charter school is established to turn around the
  876  performance of a district public school pursuant to s.
  877  1008.33(4)(b)3. Such charter schools shall be governed by s.
  878  1008.33;
  879         b. The charter school serves a student population the
  880  majority of which resides in a school zone served by a district
  881  public school that earned a grade of “F” in the year before the
  882  charter school opened and the charter school earns at least a
  883  grade of “D” in its third year of operation. The exception
  884  provided under this sub-subparagraph does not apply to a charter
  885  school in its fourth year of operation and thereafter; or
  886         c. The state board grants the charter school a waiver of
  887  termination. The charter school must request the waiver within
  888  15 days after the department’s official release of school
  889  grades. The state board may waive termination if the charter
  890  school demonstrates that the Learning Gains of its students on
  891  statewide assessments are comparable to or better than the
  892  Learning Gains of similarly situated students enrolled in nearby
  893  district public schools. The waiver is valid for 1 year and may
  894  only be granted once. Charter schools that have been in
  895  operation for more than 5 years are not eligible for a waiver
  896  under this sub-subparagraph.
  897  
  898  The sponsor shall notify in writing the charter school’s
  899  governing board, the charter school principal, and the
  900  department when a charter is terminated under this subparagraph.
  901  A charter terminated under this subparagraph is governed by the
  902  requirements of paragraphs (8)(e)-(g) and paragraph (o) of this
  903  subsection.
  904         5. The director and a representative of the governing board
  905  of a graded charter school that has implemented a school
  906  improvement plan under this paragraph shall appear before the
  907  sponsor at least once a year to present information regarding
  908  the progress of intervention and support strategies implemented
  909  by the school pursuant to the school improvement plan and
  910  corrective actions, if applicable. The sponsor shall communicate
  911  at the meeting, and in writing to the director, the services
  912  provided to the school to help the school address its
  913  deficiencies.
  914         6. Notwithstanding any provision of this paragraph except
  915  sub-subparagraphs 4.a.-c., the sponsor may terminate the charter
  916  at any time pursuant to subsection (8).
  917         (p)1. Each charter school shall maintain a website that
  918  enables the public to obtain information regarding the school;
  919  the school’s academic performance; the names of the governing
  920  board members; the programs at the school; any management
  921  companies, cooperatives, service providers, or education
  922  management corporations associated with the school; the school’s
  923  annual budget and its annual independent fiscal audit; the
  924  school’s grade pursuant to s. 1008.34; and, on a quarterly
  925  basis, the minutes of governing board meetings.
  926         2. Each charter school’s governing board shall appoint a
  927  representative to facilitate parental involvement, provide
  928  access to information, assist parents and others with questions
  929  and concerns, and resolve disputes. The representative must
  930  reside in the school district in which the charter school is
  931  located and may be a governing board member, charter school
  932  employee, or individual contracted to represent the governing
  933  board. If the governing board oversees multiple charter schools
  934  in the same school district, the governing board must appoint a
  935  separate individual representative for each charter school in
  936  the district. The representative’s contact information must be
  937  provided annually, in writing, to parents and posted prominently
  938  on the charter school’s website. The sponsor may not require
  939  that governing board members reside in the school district in
  940  which the charter school is located if the charter school
  941  complies with this paragraph.
  942         3. Each charter school’s governing board must hold at least
  943  two public meetings per school year in the school district where
  944  the charter school is located. The meetings must be noticed,
  945  open, and accessible to the public, and attendees must be
  946  provided an opportunity to receive information and provide input
  947  regarding the charter school’s operations. The appointed
  948  representative and charter school principal or director, or his
  949  or her equivalent, must be physically present at each meeting.
  950         (10) ELIGIBLE STUDENTS.—
  951         (a) A charter school shall be open to any student covered
  952  in an interdistrict agreement or residing in the school district
  953  in which the charter school is located; however, in the case of
  954  a charter lab school, the charter lab school shall be open to
  955  any student eligible to attend the lab school as provided in s.
  956  1002.32 or who resides in the school district in which the
  957  charter lab school is located. A charter school with space
  958  available must be open to any student in the state, pursuant to
  959  s. 1002.31(2). Any eligible student shall be allowed
  960  interdistrict transfer to attend a charter school when based on
  961  good cause. Good cause shall include, but is not limited to,
  962  geographic proximity to a charter school in a neighboring school
  963  district.
  964         (17) FUNDING.—Students enrolled in a charter school,
  965  regardless of the sponsorship, shall be funded as if they are in
  966  a basic program or a special program, the same as students
  967  enrolled in other public schools in the school district. Funding
  968  for a charter lab school shall be as provided in s. 1002.32.
  969         (b) The basis for the agreement for funding students
  970  enrolled in a charter school shall be the sum of the school
  971  district’s operating funds from the Florida Education Finance
  972  Program as provided in s. 1011.62 and the General Appropriations
  973  Act, including gross state and local funds, discretionary
  974  lottery funds, and funds from the school district’s current
  975  operating discretionary millage levy; divided by total funded
  976  weighted full-time equivalent students in the school district;
  977  multiplied by the weighted full-time equivalent students for the
  978  charter school. Charter schools whose students or programs meet
  979  the eligibility criteria in law are entitled to their
  980  proportionate share of categorical program funds included in the
  981  total funds available in the Florida Education Finance Program
  982  by the Legislature, including transportation, the research-based
  983  reading allocation, and the Florida digital classrooms
  984  allocation. Total funding for each charter school shall be
  985  recalculated during the year to reflect the revised calculations
  986  under the Florida Education Finance Program by the state and the
  987  actual weighted full-time equivalent students reported by the
  988  charter school during the full-time equivalent student survey
  989  periods designated by the Commissioner of Education.
  990         (e) District school boards shall make timely and efficient
  991  payment and reimbursement to charter schools, including
  992  processing paperwork required to access special state and
  993  federal funding for which they may be eligible. The district
  994  school board may distribute funds to a charter school for up to
  995  3 months based on the projected full-time equivalent student
  996  membership of the charter school. Thereafter, the results of
  997  full-time equivalent student membership surveys shall be used in
  998  adjusting the amount of funds distributed monthly to the charter
  999  school for the remainder of the fiscal year. The payment shall
 1000  be issued no later than 10 working days after the district
 1001  school board receives a distribution of state or federal funds.
 1002  If a warrant for payment is not issued within 10 working days
 1003  after receipt of funding by the district school board, the
 1004  school district shall pay to the charter school, in addition to
 1005  the amount of the scheduled disbursement, interest at a rate of
 1006  1 percent per month calculated on a daily basis on the unpaid
 1007  balance from the expiration of the 10 working days until such
 1008  time as the warrant is issued. The district school board may not
 1009  delay payment to a charter school of any portion of the funds
 1010  provided in paragraph (b) based on the timing of receipt of
 1011  local funds by the district school board.
 1012         (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.—
 1013         (a) The Department of Education shall provide information
 1014  to the public, directly and through sponsors, on how to form and
 1015  operate a charter school and how to enroll in a charter school
 1016  once it is created. This information shall include a standard
 1017  model application form, standard charter contract, standard
 1018  application evaluation instrument, and standard charter renewal
 1019  contract, which shall include the information specified in
 1020  subsection (7) and shall be developed by consulting and
 1021  negotiating with both school districts and charter schools
 1022  before implementation. The charter and charter renewal contracts
 1023  shall be used by charter school sponsors.
 1024         (26) STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.—
 1025         (c) An employee of the charter school, or his or her
 1026  spouse, or an employee of a management company, cooperative, or
 1027  charter management organization, or his or her spouse, may not
 1028  be a member of the governing board of the charter school.
 1029         (27) CONFLICTS OF INTEREST AND ETHICS.—An individual may
 1030  not serve as a member of a governing board of a charter school,
 1031  an education management corporation, or charter school
 1032  cooperative organization if he or she or an immediate family
 1033  member receives a pension or any compensation from the charter
 1034  school, or if the individual’s partner is an owner or principal
 1035  with an entity or independent contractor with whom the charter
 1036  school does business or contracts, directly or indirectly, for
 1037  professional services, goods, or facilities. An individual may
 1038  not serve as a governing board member if an immediate family
 1039  member is an employee of the school. Members of the governing
 1040  board of a charter school may not be appointed, removed, or
 1041  replaced by an entity or component unit of an entity, which the
 1042  charter school has entered into any contract with.
 1043         Section 4. Paragraph (e) of subsection (2), paragraph (b)
 1044  of subsection (3), and subsection (5) of section 1002.331,
 1045  Florida Statutes, are amended to read:
 1046         1002.331 High-performing charter schools.—
 1047         (2) A high-performing charter school is authorized to:
 1048         (e) Receive a modification of its charter to a term of 15
 1049  years or a 15-year charter renewal. The charter may be modified
 1050  or renewed for a shorter term at the option of the high
 1051  performing charter school. The charter must be consistent with
 1052  s. 1002.33(7)(a)20. s. 1002.33(7)(a)19. and (10)(h) and (i), is
 1053  subject to annual review by the sponsor, and may be terminated
 1054  during its term pursuant to s. 1002.33(8).
 1055  
 1056  A high-performing charter school shall notify its sponsor in
 1057  writing by March 1 if it intends to increase enrollment or
 1058  expand grade levels the following school year. The written
 1059  notice shall specify the amount of the enrollment increase and
 1060  the grade levels that will be added, as applicable. If a charter
 1061  school notifies the sponsor of its intent to expand, the sponsor
 1062  shall modify the charter within 90 days to include the new
 1063  enrollment maximum and may not make any other changes. The
 1064  sponsor may deny a request to increase the enrollment of a high
 1065  performing charter school if the commissioner has declassified
 1066  the charter school as high-performing. If a high-performing
 1067  charter school requests to consolidate multiple charters, the
 1068  sponsor shall have 40 days after receipt of that request to
 1069  provide an initial draft charter to the charter school. The
 1070  sponsor and charter school shall have 50 days thereafter to
 1071  negotiate and notice the charter contract for final approval by
 1072  the sponsor.
 1073         (3)
 1074         (b) A high-performing charter school may not establish more
 1075  than one charter school within the state under paragraph (a) in
 1076  any year. A subsequent application to establish a charter school
 1077  under paragraph (a) may not be submitted unless each charter
 1078  school established in this manner achieves high-performing
 1079  charter school status. The limits set forth in this paragraph do
 1080  not apply to charter schools established by a high-performing
 1081  charter school in the attendance zone of a school identified as
 1082  in need of intervention and support pursuant to s. 1008.33(3)(b)
 1083  or to meet needs for innovative choice options identified by the
 1084  district school board.
 1085         (5) The Commissioner of Education, upon request by a
 1086  charter school, shall verify that the charter school meets the
 1087  criteria in subsection (1) and provide a letter to the charter
 1088  school and the sponsor stating that the charter school is a
 1089  high-performing charter school pursuant to this section. The
 1090  commissioner shall annually determine whether a high-performing
 1091  charter school under subsection (1) continues to meet the
 1092  criteria in that subsection. Such high-performing charter school
 1093  shall maintain its high-performing status unless the
 1094  commissioner determines that the charter school no longer meets
 1095  the criteria in subsection (1), at which time the commissioner
 1096  shall send a letter to the charter school and its sponsor
 1097  providing notification that the charter school has been
 1098  declassified of its declassification as a high-performing
 1099  charter school.
 1100         Section 5. Present subsection (2) of section 1002.332,
 1101  Florida Statutes, is redesignated as subsection (3), and a new
 1102  subsection (2) is added to that section, to read:
 1103         1002.332 High-performing charter school system.—
 1104         (2) An entity that successfully operates a system of
 1105  charter schools outside the state may apply to the State Board
 1106  of Education for status as a high-performing charter school
 1107  system. The state board shall adopt rules prescribing a process
 1108  for determining whether the entity meets the requirements of
 1109  this subsection by reviewing student demographic and performance
 1110  data and fiscal accountability of all schools operated by the
 1111  entity. To the extent practicable, the state board shall develop
 1112  a rubric for the approval of such entities which aligns with the
 1113  priorities of the federal Charter Schools Program Grants for
 1114  Replication and Expansion of High-Quality Charter Schools in the
 1115  Federal Register, Volume 76, No. 133. An entity classified as a
 1116  high-performing charter school system pursuant to this
 1117  subsection may submit an application in the same manner as
 1118  specified in s. 1002.331(3) to establish and operate a new
 1119  charter school in this state. For the first 3 school years of
 1120  operation, each charter school established by such an entity
 1121  shall receive a reduction in administrative fees as authorized
 1122  under s. 1002.33(20)(a)3.
 1123         Section 6. Paragraph (c) of subsection (1) of section
 1124  1002.451, Florida Statutes, is amended to read:
 1125         1002.451 District innovation school of technology program.—
 1126         (1) DISTRICT INNOVATION SCHOOL OF TECHNOLOGY.—
 1127         (c) An innovation school of technology must be open to any
 1128  student covered in an interdistrict agreement or residing in the
 1129  school district in which the innovation school of technology is
 1130  located. An innovation school of technology shall enroll an
 1131  eligible student who submits a timely application if the number
 1132  of applications does not exceed the capacity of a program,
 1133  class, grade level, or building. If the number of applications
 1134  exceeds capacity, all applicants shall have an equal chance of
 1135  being admitted through a public random selection process.
 1136  However, a district may give enrollment preference to students
 1137  who identify the innovation school of technology as the
 1138  student’s preferred choice pursuant to the district’s public
 1139  school parental choice controlled open enrollment plan.
 1140         Section 7. Section 1003.3101, Florida Statutes, is created
 1141  to read:
 1142         1003.3101Additional school choice options.—Each district
 1143  school board shall establish a transfer process for a parent to
 1144  request his or her child be transferred to another classroom
 1145  teacher. A school must grant or deny the transfer within 2 weeks
 1146  after receiving a request. If a request for transfer is denied,
 1147  the school shall notify the parent and specify the reasons for a
 1148  denial. An explanation of the transfer process must be made
 1149  available in the student handbook or a similar publication.
 1150         Section 8. Section 1003.5711, Florida Statutes, is created
 1151  to read:
 1152         1003.5711Instruction for students receiving hospitalized
 1153  program services.—
 1154         (1)A public school student in prekindergarten through
 1155  grade 12 who is deemed eligible for hospitalized program
 1156  services in this state is considered a student with a
 1157  disability.
 1158         (a) If the student has an individual education plan (IEP),
 1159  the IEP must be followed, but upon request of the student’s
 1160  parent, the IEP may be modified to accommodate the student’s use
 1161  of hospitalized program services in a children’s hospital
 1162  pursuant to this section.
 1163         (b) The student’s IEP may be modified to reduce the
 1164  student’s course load to core courses identified in s.
 1165  1002.20(19)(a). The student may be excused or exempted from
 1166  physical education classes or instruction based on the IEP or
 1167  orders from the student’s medical doctor. The student’s IEP may
 1168  allow the student to receive instruction beyond the normal
 1169  school hours, school day, or school year of the school district.
 1170         (2) A student who is admitted to a children’s hospital for
 1171  hospitalized program services must continue to receive
 1172  educational instruction.
 1173         (a) If a student is expected to be absent from school and
 1174  admitted to the children’s hospital for hospitalized program
 1175  services for at least 15 consecutive days, no later than the
 1176  fifth day of the student’s hospital stay, the school district in
 1177  which the student is or was most recently enrolled may choose to
 1178  provide a certified teacher to the children’s hospital to
 1179  provide instruction to the student. If that school district
 1180  declines to provide a certified teacher, the school district in
 1181  which the children’s hospital is located must provide a
 1182  certified teacher to provide the student with instruction, or
 1183  must partner with the Florida Virtual School for instructional
 1184  services as authorized in this section. Such school district
 1185  shall also provide the student’s instructional materials and
 1186  other necessary educational support and services identified in
 1187  the IEP.
 1188         (b) A student in prekindergarten through grade 6 shall be
 1189  taught in person by the certified teacher. A student in grades 7
 1190  through 12 shall be taught in person by the certified teacher,
 1191  or the student may choose to utilize instruction from the
 1192  Florida Virtual School. If the Florida Virtual School is used by
 1193  any student, at least one certified teacher from the Florida
 1194  Virtual School must be present at the hospital to assist with
 1195  online learning.
 1196         (3) If a school district other than the one in which the
 1197  student was previously enrolled provides the hospitalized
 1198  program services, the Department of Education must transfer the
 1199  funds from the school district in which the student was
 1200  previously enrolled to the school district in which the
 1201  children’s hospital providing hospitalized program services is
 1202  located. This transfer shall occur no later than each subsequent
 1203  quarterly FEFP payment.
 1204         (4) The children’s hospital providing the hospitalized
 1205  program services is responsible for providing adequate
 1206  educational space for each student, but is not required to
 1207  comply with chapter 1013. The hospital and applicable school
 1208  district must enter into an agreement to implement this section.
 1209  The agreement may be student-specific or address all students as
 1210  necessary.
 1211         (5) The intent of this section is to supplement existing
 1212  laws, rules, and regulations concerning hospitalized students
 1213  that use hospitalized program services at a children’s hospital.
 1214         Section 9. Section 1004.6491, Florida Statutes, is created
 1215  to read:
 1216         1004.6491Florida Institute for Charter School Innovation.—
 1217         (1) There is established the Florida Institute for Charter
 1218  School Innovation within the Florida State University. The
 1219  purpose of the institute is to advance charter school
 1220  accountability, quality, and innovation; provide support and
 1221  technical assistance to charter school applicants; connect
 1222  aspiring teachers to opportunities to experience teaching in
 1223  schools of choice; and conduct research and develop and promote
 1224  best practices for charter school authorization, financing,
 1225  management, operations, and instructional practices.
 1226         (2) The institute shall:
 1227         (a) Conduct research to inform both policy and practice
 1228  related to charter school accountability, financing, management,
 1229  operations, and instructional practices.
 1230         (b) Partner with state-approved teacher preparation
 1231  programs in this state to provide opportunities for aspiring
 1232  teachers to experience teaching in schools of choice.
 1233         (c) Provide technical assistance and support to charter
 1234  school applicants with innovative charter school concepts.
 1235         (3) The President of the Florida State University shall
 1236  appoint a director of the institute. The director is responsible
 1237  for overall management of the institute and for developing and
 1238  executing the work of the institute consistent with this
 1239  section. The director may engage individuals in other state
 1240  universities with accredited colleges of education to
 1241  participate in the institute.
 1242         (4) By each October 1, the institute shall provide a
 1243  written report to the Governor, the President of the Senate, and
 1244  the Speaker of the House of Representatives which outlines its
 1245  activities in the preceding year, reports significant research
 1246  findings, details expenditures of state funds, and provides
 1247  specific recommendations for improving the institute’s ability
 1248  to fulfil its mission and for changes to statewide charter
 1249  school policy.
 1250         (5) Within 180 days after completion of the institute’s
 1251  fiscal year, the institute shall provide to the Auditor General,
 1252  the Board of Governors of the State University System, and the
 1253  State Board of Education a report on the results of an annual
 1254  financial audit conducted by an independent certified public
 1255  accountant in accordance with s. 11.45.
 1256         Section 10. Paragraphs (c), (d), and (e) of subsection (3)
 1257  of section 1006.15, Florida Statutes, are amended to read:
 1258         1006.15 Student standards for participation in
 1259  interscholastic and intrascholastic extracurricular student
 1260  activities; regulation.—
 1261         (3)
 1262         (c) An individual home education student is eligible to
 1263  participate at the public school to which the student would be
 1264  assigned according to district school board attendance area
 1265  policies or which the student could choose to attend pursuant to
 1266  public school parental choice district or interdistrict
 1267  controlled open enrollment provisions, or may develop an
 1268  agreement to participate at a private school, in the
 1269  interscholastic extracurricular activities of that school,
 1270  provided the following conditions are met:
 1271         1. The home education student must meet the requirements of
 1272  the home education program pursuant to s. 1002.41.
 1273         2. During the period of participation at a school, the home
 1274  education student must demonstrate educational progress as
 1275  required in paragraph (b) in all subjects taken in the home
 1276  education program by a method of evaluation agreed upon by the
 1277  parent and the school principal which may include: review of the
 1278  student’s work by a certified teacher chosen by the parent;
 1279  grades earned through correspondence; grades earned in courses
 1280  taken at a Florida College System institution, university, or
 1281  trade school; standardized test scores above the 35th
 1282  percentile; or any other method designated in s. 1002.41.
 1283         3. The home education student must meet the same residency
 1284  requirements as other students in the school at which he or she
 1285  participates.
 1286         4. The home education student must meet the same standards
 1287  of acceptance, behavior, and performance as required of other
 1288  students in extracurricular activities.
 1289         5. The student must register with the school his or her
 1290  intent to participate in interscholastic extracurricular
 1291  activities as a representative of the school before the
 1292  beginning date of the season for the activity in which he or she
 1293  wishes to participate. A home education student must be able to
 1294  participate in curricular activities if that is a requirement
 1295  for an extracurricular activity.
 1296         6. A student who transfers from a home education program to
 1297  a public school before or during the first grading period of the
 1298  school year is academically eligible to participate in
 1299  interscholastic extracurricular activities during the first
 1300  grading period provided the student has a successful evaluation
 1301  from the previous school year, pursuant to subparagraph 2.
 1302         7. Any public school or private school student who has been
 1303  unable to maintain academic eligibility for participation in
 1304  interscholastic extracurricular activities is ineligible to
 1305  participate in such activities as a home education student until
 1306  the student has successfully completed one grading period in
 1307  home education pursuant to subparagraph 2. to become eligible to
 1308  participate as a home education student.
 1309         (d) An individual charter school student pursuant to s.
 1310  1002.33 is eligible to participate at the public school to which
 1311  the student would be assigned according to district school board
 1312  attendance area policies or which the student could choose to
 1313  attend, pursuant to district or interdistrict public school
 1314  parental choice controlled open-enrollment provisions, in any
 1315  interscholastic extracurricular activity of that school, unless
 1316  such activity is provided by the student’s charter school, if
 1317  the following conditions are met:
 1318         1. The charter school student must meet the requirements of
 1319  the charter school education program as determined by the
 1320  charter school governing board.
 1321         2. During the period of participation at a school, the
 1322  charter school student must demonstrate educational progress as
 1323  required in paragraph (b).
 1324         3. The charter school student must meet the same residency
 1325  requirements as other students in the school at which he or she
 1326  participates.
 1327         4. The charter school student must meet the same standards
 1328  of acceptance, behavior, and performance that are required of
 1329  other students in extracurricular activities.
 1330         5. The charter school student must register with the school
 1331  his or her intent to participate in interscholastic
 1332  extracurricular activities as a representative of the school
 1333  before the beginning date of the season for the activity in
 1334  which he or she wishes to participate. A charter school student
 1335  must be able to participate in curricular activities if that is
 1336  a requirement for an extracurricular activity.
 1337         6. A student who transfers from a charter school program to
 1338  a traditional public school before or during the first grading
 1339  period of the school year is academically eligible to
 1340  participate in interscholastic extracurricular activities during
 1341  the first grading period if the student has a successful
 1342  evaluation from the previous school year, pursuant to
 1343  subparagraph 2.
 1344         7. Any public school or private school student who has been
 1345  unable to maintain academic eligibility for participation in
 1346  interscholastic extracurricular activities is ineligible to
 1347  participate in such activities as a charter school student until
 1348  the student has successfully completed one grading period in a
 1349  charter school pursuant to subparagraph 2. to become eligible to
 1350  participate as a charter school student.
 1351         (e) A student of the Florida Virtual School full-time
 1352  program may participate in any interscholastic extracurricular
 1353  activity at the public school to which the student would be
 1354  assigned according to district school board attendance area
 1355  policies or which the student could choose to attend, pursuant
 1356  to district or interdistrict public school parental choice
 1357  controlled open enrollment policies, if the student:
 1358         1. During the period of participation in the
 1359  interscholastic extracurricular activity, meets the requirements
 1360  in paragraph (a).
 1361         2. Meets any additional requirements as determined by the
 1362  board of trustees of the Florida Virtual School.
 1363         3. Meets the same residency requirements as other students
 1364  in the school at which he or she participates.
 1365         4. Meets the same standards of acceptance, behavior, and
 1366  performance that are required of other students in
 1367  extracurricular activities.
 1368         5. Registers his or her intent to participate in
 1369  interscholastic extracurricular activities with the school
 1370  before the beginning date of the season for the activity in
 1371  which he or she wishes to participate. A Florida Virtual School
 1372  student must be able to participate in curricular activities if
 1373  that is a requirement for an extracurricular activity.
 1374         Section 11. Subsection (1) of section 1011.61, Florida
 1375  Statutes, is amended to read:
 1376         1011.61 Definitions.—Notwithstanding the provisions of s.
 1377  1000.21, the following terms are defined as follows for the
 1378  purposes of the Florida Education Finance Program:
 1379         (1) A “full-time equivalent student” in each program of the
 1380  district is defined in terms of full-time students and part-time
 1381  students as follows:
 1382         (a) A “full-time student” is one student on the membership
 1383  roll of one school program or a combination of school programs
 1384  listed in s. 1011.62(1)(c) for the school year or the equivalent
 1385  for:
 1386         1. Instruction in a standard school, comprising not less
 1387  than 900 net hours for a student in or at the grade level of 4
 1388  through 12, or not less than 720 net hours for a student in or
 1389  at the grade level of kindergarten through grade 3 or in an
 1390  authorized prekindergarten exceptional program;
 1391         2. Instruction in an alternative charter school that is
 1392  operating with two or more instructional sessions per day, when
 1393  combined, comprising not less than the equivalent of 810 net
 1394  hours per student per school year and using instructional
 1395  calendars that may extend beyond 180 days, as authorized in the
 1396  charter contract that is approved by the district school board;
 1397         3. Instruction in a double-session school or a school
 1398  utilizing an experimental school calendar approved by the
 1399  Department of Education, comprising not less than the equivalent
 1400  of 810 net hours in grades 4 through 12 or not less than 630 net
 1401  hours in kindergarten through grade 3; or
 1402         4.3. Instruction comprising the appropriate number of net
 1403  hours set forth in subparagraph 1. or subparagraph 2. for
 1404  students who, within the past year, have moved with their
 1405  parents for the purpose of engaging in the farm labor or fish
 1406  industries, if a plan furnishing such an extended school day or
 1407  week, or a combination thereof, has been approved by the
 1408  commissioner. Such plan may be approved to accommodate the needs
 1409  of migrant students only or may serve all students in schools
 1410  having a high percentage of migrant students. The plan described
 1411  in this subparagraph is optional for any school district and is
 1412  not mandated by the state.
 1413         (b) A “part-time student” is a student on the active
 1414  membership roll of a school program or combination of school
 1415  programs listed in s. 1011.62(1)(c) who is less than a full-time
 1416  student.
 1417         (c)1. A “full-time equivalent student” is:
 1418         a. A full-time student in any one of the programs listed in
 1419  s. 1011.62(1)(c); or
 1420         b. A combination of full-time or part-time students in any
 1421  one of the programs listed in s. 1011.62(1)(c) which is the
 1422  equivalent of one full-time student based on the following
 1423  calculations:
 1424         (I) A full-time student in a combination of programs listed
 1425  in s. 1011.62(1)(c) shall be a fraction of a full-time
 1426  equivalent membership in each special program equal to the
 1427  number of net hours per school year for which he or she is a
 1428  member, divided by the appropriate number of hours set forth in
 1429  subparagraph (a)1. or subparagraph (a)2. The difference between
 1430  that fraction or sum of fractions and the maximum value as set
 1431  forth in subsection (4) for each full-time student is presumed
 1432  to be the balance of the student’s time not spent in a special
 1433  program and shall be recorded as time in the appropriate basic
 1434  program.
 1435         (II) A prekindergarten student with a disability shall meet
 1436  the requirements specified for kindergarten students.
 1437         (III) A full-time equivalent student for students in
 1438  kindergarten through grade 12 in a full-time virtual instruction
 1439  program under s. 1002.45 or a virtual charter school under s.
 1440  1002.33 shall consist of six full-credit completions or the
 1441  prescribed level of content that counts toward promotion to the
 1442  next grade in programs listed in s. 1011.62(1)(c). Credit
 1443  completions may be a combination of full-credit courses or half
 1444  credit courses. Beginning in the 2016-2017 fiscal year, the
 1445  reported full-time equivalent students and associated funding of
 1446  students enrolled in courses requiring passage of an end-of
 1447  course assessment under s. 1003.4282 to earn a standard high
 1448  school diploma shall be adjusted if the student does not pass
 1449  the end-of-course assessment. However, no adjustment shall be
 1450  made for a student who enrolls in a segmented remedial course
 1451  delivered online.
 1452         (IV) A full-time equivalent student for students in
 1453  kindergarten through grade 12 in a part-time virtual instruction
 1454  program under s. 1002.45 shall consist of six full-credit
 1455  completions in programs listed in s. 1011.62(1)(c)1. and 3.
 1456  Credit completions may be a combination of full-credit courses
 1457  or half-credit courses. Beginning in the 2016-2017 fiscal year,
 1458  the reported full-time equivalent students and associated
 1459  funding of students enrolled in courses requiring passage of an
 1460  end-of-course assessment under s. 1003.4282 to earn a standard
 1461  high school diploma shall be adjusted if the student does not
 1462  pass the end-of-course assessment. However, no adjustment shall
 1463  be made for a student who enrolls in a segmented remedial course
 1464  delivered online.
 1465         (V) A Florida Virtual School full-time equivalent student
 1466  shall consist of six full-credit completions or the prescribed
 1467  level of content that counts toward promotion to the next grade
 1468  in the programs listed in s. 1011.62(1)(c)1. and 3. for students
 1469  participating in kindergarten through grade 12 part-time virtual
 1470  instruction and the programs listed in s. 1011.62(1)(c) for
 1471  students participating in kindergarten through grade 12 full
 1472  time virtual instruction. Credit completions may be a
 1473  combination of full-credit courses or half-credit courses.
 1474  Beginning in the 2016-2017 fiscal year, the reported full-time
 1475  equivalent students and associated funding of students enrolled
 1476  in courses requiring passage of an end-of-course assessment
 1477  under s. 1003.4282 to earn a standard high school diploma shall
 1478  be adjusted if the student does not pass the end-of-course
 1479  assessment. However, no adjustment shall be made for a student
 1480  who enrolls in a segmented remedial course delivered online.
 1481         (VI) Each successfully completed full-credit course earned
 1482  through an online course delivered by a district other than the
 1483  one in which the student resides shall be calculated as 1/6 FTE.
 1484         (VII) A full-time equivalent student for courses requiring
 1485  passage of a statewide, standardized end-of-course assessment
 1486  under s. 1003.4282 to earn a standard high school diploma shall
 1487  be defined and reported based on the number of instructional
 1488  hours as provided in this subsection until the 2016-2017 fiscal
 1489  year. Beginning in the 2016-2017 fiscal year, the FTE for the
 1490  course shall be assessment-based and shall be equal to 1/6 FTE.
 1491  The reported FTE shall be adjusted if the student does not pass
 1492  the end-of-course assessment. However, no adjustment shall be
 1493  made for a student who enrolls in a segmented remedial course
 1494  delivered online.
 1495         (VIII) For students enrolled in a school district as a
 1496  full-time student, the district may report 1/6 FTE for each
 1497  student who passes a statewide, standardized end-of-course
 1498  assessment without being enrolled in the corresponding course.
 1499         2. A student in membership in a program scheduled for more
 1500  or less than 180 school days or the equivalent on an hourly
 1501  basis as specified by rules of the State Board of Education is a
 1502  fraction of a full-time equivalent membership equal to the
 1503  number of instructional hours in membership divided by the
 1504  appropriate number of hours set forth in subparagraph (a)1.;
 1505  however, for the purposes of this subparagraph, membership in
 1506  programs scheduled for more than 180 days is limited to students
 1507  enrolled in:
 1508         a. Juvenile justice education programs.
 1509         b. The Florida Virtual School.
 1510         c. Virtual instruction programs and virtual charter schools
 1511  for the purpose of course completion and credit recovery
 1512  pursuant to ss. 1002.45 and 1003.498. Course completion applies
 1513  only to a student who is reported during the second or third
 1514  membership surveys and who does not complete a virtual education
 1515  course by the end of the regular school year. The course must be
 1516  completed no later than the deadline for amending the final
 1517  student enrollment survey for that year. Credit recovery applies
 1518  only to a student who has unsuccessfully completed a traditional
 1519  or virtual education course during the regular school year and
 1520  must re-take the course in order to be eligible to graduate with
 1521  the student’s class.
 1522  
 1523  The full-time equivalent student enrollment calculated under
 1524  this subsection is subject to the requirements in subsection
 1525  (4).
 1526  
 1527  The department shall determine and implement an equitable method
 1528  of equivalent funding for experimental schools and for schools
 1529  operating under emergency conditions, which schools have been
 1530  approved by the department to operate for less than the minimum
 1531  school day.
 1532         Section 12. Section 1011.6202, Florida Statutes, is created
 1533  to read:
 1534         1011.6202 Charter School District Pilot Program.—The
 1535  Charter School District Pilot Program is created within the
 1536  Department of Education. The purpose of the pilot program is to
 1537  provide the principal of a participating school with increased
 1538  autonomy and authority to operate his or her school in a way
 1539  that produces significant improvements in student achievement
 1540  and school management while complying with constitutional
 1541  requirements. The State Board of Education may, upon approval of
 1542  a charter proposal, enter into a performance contract with up to
 1543  six district school boards to establish such districts as
 1544  charter school districts.
 1545         (1) CHARTER SCHOOL DISTRICT.—A charter school district is a
 1546  school district in the state that has submitted, and the state
 1547  board has approved, a charter proposal that exchanges statutory
 1548  and rule exemption for an agreement to meet performance goals
 1549  established in the charter proposal. A charter school district
 1550  shall be chartered for 3 years. At the end of the 3 years, the
 1551  performance of all participating schools in the charter school
 1552  district shall be evaluated.
 1553         (2) CHARTER PROPOSAL.—
 1554         (a) The proposal to become a charter school district must:
 1555         1. Identify three middle or high schools whose principals
 1556  will have fiscal and administrative autonomy.
 1557         2. Describe the current financial and administrative
 1558  management of each participating school; identify the areas in
 1559  which each school principal will have increased fiscal and
 1560  administrative autonomy, including the authority and
 1561  responsibilities provided in s. 1012.28(8); and identify the
 1562  areas in which each participating school will continue to follow
 1563  district school board fiscal and administrative policies.
 1564         3. Explain the methods used to identify the educational
 1565  strengths and needs of the participating school’s students and
 1566  identify how student achievement can be improved.
 1567         4. Establish performance goals for student achievement, as
 1568  defined in s. 1008.34(1), and explain how increased principal
 1569  autonomy will help participating schools improve student
 1570  achievement and school management.
 1571         5. Provide each participating school’s mission and a
 1572  description of its student population.
 1573         (b) The state board shall establish criteria, which must
 1574  include the criteria listed in paragraph (a), for the approval
 1575  of a school district charter proposal.
 1576         (c) A school district must submit the charter proposal to
 1577  the state board for approval by December 1 in order to begin
 1578  participation in the subsequent school year. By February 28 of
 1579  the school year in which the proposal is submitted, the state
 1580  board shall notify the district school board in writing whether
 1581  the charter proposal has been approved.
 1582         (3) EXEMPTION FROM LAWS.—
 1583         (a) With the exception of those laws listed in paragraph
 1584  (b), a charter school district is exempt from the provisions in
 1585  chapters 1000-1013, including s. 1001.42(4)(f), relating to the
 1586  opening date for schools, and rules of the state board that
 1587  implement these exempt provisions.
 1588         (b) A charter school district shall comply with the
 1589  provisions in chapters 1000-1013, and rules of the state board
 1590  that implement these provisions, pertaining to the following:
 1591         1. Those laws relating to the election of district school
 1592  board members, public meetings and public records requirements,
 1593  financial disclosure, and conflicts of interest.
 1594         2. Those laws relating to the student assessment program
 1595  and school grading system, including chapter 1008.
 1596         3. Those laws relating to the provision of services to
 1597  students with disabilities.
 1598         4. Those laws relating to civil rights, including s.
 1599  1000.05, relating to discrimination.
 1600         5. Those laws relating to student health, safety, and
 1601  welfare.
 1602         6. Those laws relating to the election and compensation of
 1603  district school board members and the election or appointment
 1604  and compensation of district school superintendents.
 1605         7. Section 1003.03, governing maximum class size, except
 1606  that the calculation for compliance pursuant to s. 1003.03 is
 1607  the average at the school level.
 1608         8. Sections 1012.22(1)(c) and 1012.27(2), relating to
 1609  compensation and salary schedules.
 1610         9. Section 1012.33(5), relating to workforce reductions for
 1611  annual contracts for instructional personnel. This subparagraph
 1612  does not apply to at-will employees.
 1613         10. Section 1012.335, relating to annual contracts for
 1614  instructional personnel hired on or after July 1, 2011. This
 1615  subparagraph does not apply to at-will employees.
 1616         11. Section 1012.34, relating to personnel evaluation
 1617  procedures and criteria.
 1618         12. Those laws pertaining to educational facilities,
 1619  including chapter 1013, except that s. 1013.20, relating to
 1620  covered walkways for relocatables, and s. 1013.21, relating to
 1621  the use of relocatable facilities exceeding 20 years of age, are
 1622  eligible for exemption.
 1623         13. Those laws pertaining to charter school districts,
 1624  including this section.
 1625         (4) PROFESSIONAL DEVELOPMENT.—Each charter school district
 1626  shall require the principal of each participating school to
 1627  complete the professional development provided through the
 1628  William Cecil Golden Professional Development Program for School
 1629  Leaders under s. 1012.986. The professional development must be
 1630  completed before a school may participate in the Charter School
 1631  District Pilot Program.
 1632         (5) TERM OF CHARTER.—The state board shall authorize a
 1633  charter school district’s charter for a period of 3 years
 1634  commencing with award of the charter. The charter may be renewed
 1635  upon action of the state board. The state board may revoke a
 1636  charter if the charter school district fails to meet the
 1637  requirements of this section during the 3-year period.
 1638         (6) REPORTING.—Each charter school district shall submit an
 1639  annual report to the state board. The state board shall annually
 1640  report on the implementation of the Charter School District
 1641  Pilot Program. Upon completion of the program’s first 3-year
 1642  term, the Commissioner of Education shall submit to the
 1643  President of the Senate and the Speaker of the House of
 1644  Representatives by December 1 a full evaluation of the
 1645  effectiveness of the program.
 1646         (7) RULEMAKING.—The State Board of Education shall adopt
 1647  rules to administer this section.
 1648         Section 13. Subsection (2) of section 1011.69, Florida
 1649  Statutes, is amended to read:
 1650         1011.69 Equity in School-Level Funding Act.—
 1651         (2) Beginning in the 2003-2004 fiscal year, district school
 1652  boards shall allocate to schools within the district an average
 1653  of 90 percent of the funds generated by all schools and
 1654  guarantee that each school receives at least 80 percent, except
 1655  schools participating in the Charter School District Pilot
 1656  Program under s. 1011.6202 are guaranteed to receive at least 90
 1657  percent, of the funds generated by that school based upon the
 1658  Florida Education Finance Program as provided in s. 1011.62 and
 1659  the General Appropriations Act, including gross state and local
 1660  funds, discretionary lottery funds, and funds from the school
 1661  district’s current operating discretionary millage levy. Total
 1662  funding for each school shall be recalculated during the year to
 1663  reflect the revised calculations under the Florida Education
 1664  Finance Program by the state and the actual weighted full-time
 1665  equivalent students reported by the school during the full-time
 1666  equivalent student survey periods designated by the Commissioner
 1667  of Education. If the district school board is providing programs
 1668  or services to students funded by federal funds, any eligible
 1669  students enrolled in the schools in the district shall be
 1670  provided federal funds.
 1671         Section 14. Subsection (8) is added to section 1012.28,
 1672  Florida Statutes, to read:
 1673         1012.28 Public school personnel; duties of school
 1674  principals.—
 1675         (8) The principal of a participating school in a charter
 1676  school district approved under s. 1011.6202 has the following
 1677  additional authority and responsibilities:
 1678         (a) In addition to the authority provided in subsection
 1679  (6), the authority to select qualified instructional personnel
 1680  for placement or to refuse to accept the placement or transfer
 1681  of instructional personnel by the district school
 1682  superintendent. Placement of instructional personnel at a
 1683  participating school in a charter school district does not
 1684  affect the employee’s status as a school district employee.
 1685         (b) The authority to deploy financial resources to school
 1686  programs at the principal’s discretion to help improve student
 1687  achievement, as defined in s. 1008.34(1), and meet performance
 1688  goals identified in the charter proposal submitted pursuant to
 1689  s. 1011.6202.
 1690         (c) To annually provide to the district school
 1691  superintendent and the district school board a budget for the
 1692  operation of the participating school that identifies how funds
 1693  provided pursuant to s. 1011.69(2) are allocated. The school
 1694  district shall include the budget in the annual report provided
 1695  to the State Board of Education pursuant to s. 1011.6202(6).
 1696         Section 15. Subsection (2) of section 1012.42, Florida
 1697  Statutes, is amended to read:
 1698         1012.42 Teacher teaching out-of-field.—
 1699         (2) NOTIFICATION REQUIREMENTS.—When a teacher in a district
 1700  school system is assigned teaching duties in a class dealing
 1701  with subject matter that is outside the field in which the
 1702  teacher is certified, outside the field that was the applicant’s
 1703  minor field of study, or outside the field in which the
 1704  applicant has demonstrated sufficient subject area expertise, as
 1705  determined by district school board policy in the subject area
 1706  to be taught, the parents of all students in the class shall be
 1707  notified in writing of such assignment. A parent that receives
 1708  this notification may, after the October student membership
 1709  survey, request that his or her child be transferred to another
 1710  classroom teacher within the school and grade in which the child
 1711  is currently enrolled. If space is available in a classroom
 1712  taught by an in-field teacher, the school district shall grant
 1713  the parent’s request and transfer the student to the in-field
 1714  classroom teacher within a reasonable period of time, not to
 1715  exceed 2 weeks. An explanation of the transfer process must be
 1716  made available in the student handbook or a similar publication.
 1717  This does not provide a parent the right to choose a specific
 1718  teacher.
 1719         Section 16. Paragraph (e) is added to subsection (1) of
 1720  section 1012.986, Florida Statutes, to read:
 1721         1012.986 William Cecil Golden Professional Development
 1722  Program for School Leaders.—
 1723         (1) There is established the William Cecil Golden
 1724  Professional Development Program for School Leaders to provide
 1725  high standards and sustained support for principals as
 1726  instructional leaders. The program shall consist of a
 1727  collaborative network of state and national professional
 1728  leadership organizations to respond to instructional leadership
 1729  needs throughout the state. The network shall support the human
 1730  resource development needs of principals, principal leadership
 1731  teams, and candidates for principal leadership positions using
 1732  the framework of leadership standards adopted by the State Board
 1733  of Education, the Southern Regional Education Board, and the
 1734  National Staff Development Council. The goal of the network
 1735  leadership program is to:
 1736         (e) For principals of schools participating in the Charter
 1737  School District Pilot Program under s. 1011.6202, provide
 1738  training on the following:
 1739         1. Managing instructional personnel, including developing a
 1740  high-performing instructional leadership team.
 1741         2. Public school budgeting, financial management, and human
 1742  resources policies and procedures.
 1743         3. Best practices for the effective exercise of increased
 1744  budgetary and staffing flexibility to improve student
 1745  achievement and operational efficiency.
 1746         Section 17. Paragraph (a) of subsection (1) of section
 1747  1013.62, Florida Statutes, is amended to read:
 1748         1013.62 Charter schools capital outlay funding.—
 1749         (1) In each year in which funds are appropriated for
 1750  charter school capital outlay purposes, the Commissioner of
 1751  Education shall allocate the funds among eligible charter
 1752  schools.
 1753         (a) To be eligible for a funding allocation, a charter
 1754  school must:
 1755         1.a. Have been in operation for 3 or more years;
 1756         b. Be governed by a governing board established in the
 1757  state for 3 or more years which operates both charter schools
 1758  and conversion charter schools within the state;
 1759         c. Be an expanded feeder chain of a charter school within
 1760  the same school district that is currently receiving charter
 1761  school capital outlay funds;
 1762         d. Have been accredited by the Commission on Schools of the
 1763  Southern Association of Colleges and Schools; or
 1764         e. Serve students in facilities that are provided by a
 1765  business partner for a charter school-in-the-workplace pursuant
 1766  to s. 1002.33(15)(b).
 1767         2. Have an annual audit that does not reveal any of the
 1768  financial emergency conditions provided in s. 218.503(1) for the
 1769  most recent fiscal year for which such audit results are
 1770  available stability for future operation as a charter school.
 1771         3. Have satisfactory student achievement based on state
 1772  accountability standards applicable to the charter school.
 1773         4. Have received final approval from its sponsor pursuant
 1774  to s. 1002.33 for operation during that fiscal year.
 1775         5. Serve students in facilities that are not provided by
 1776  the charter school’s sponsor.
 1777         Section 18. Notwithstanding any other provision of law,
 1778  student reporting requirements related to withdrawals,
 1779  suspensions, expulsions, and other related instances where
 1780  students are no longer enrolled in a school, must be the same
 1781  for public schools, including charter schools. Thus, charter
 1782  school reporting requirements for these instances apply to all
 1783  public schools, and public school reporting requirements apply
 1784  to all charter schools.
 1785         Section 19. This act shall take effect July 1, 2015.