Florida Senate - 2015 SB 720
By Senator Ring
29-00122B-15 2015720__
1 A bill to be entitled
2 An act relating to school choice; amending s. 1002.33,
3 F.S.; requiring a person or officer of an entity who
4 submits a charter school application to undergo
5 background screening; prohibiting a sponsor from
6 approving a charter school application until
7 completion and receipt of the results of such
8 screening; requiring a charter school applicant to
9 provide evidence of accreditation; revising the
10 deadline by which a charter school must have a
11 certificate of occupancy or temporary certificate of
12 occupancy; requiring that approval of a charter be
13 based on documentation of adequate financial resources
14 to support the charter school’s operation; removing
15 obsolete language; amending s. 1002.331, F.S.;
16 conforming a cross-reference to changes made by the
17 act; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Paragraph (b) of subsection (6), paragraph (a)
22 of subsection (7), and paragraph (c) of subsection (17) of
23 section 1002.33, Florida Statutes, are amended, present
24 paragraphs (g) and (h) of subsection (6) of that section are
25 redesignated as paragraphs (h) and (i), respectively, and a new
26 paragraph (g) is added to that subsection, to read:
27 1002.33 Charter schools.—
28 (6) APPLICATION PROCESS AND REVIEW.—Charter school
29 applications are subject to the following requirements:
30 (b) A sponsor shall receive and review all applications for
31 a charter school using an evaluation instrument developed by the
32 Department of Education. A sponsor shall receive and consider
33 charter school applications received on or before August 1 of
34 each calendar year for charter schools to be opened at the
35 beginning of the school district’s next school year, or to be
36 opened at a time agreed to by the applicant and the sponsor. A
37 sponsor may not refuse to receive a charter school application
38 submitted before August 1 and may receive an application
39 submitted later than August 1 if it chooses. In order to
40 facilitate greater collaboration in the application process, an
41 applicant may submit a draft charter school application on or
42 before May 1 with an application fee of $500. If a draft
43 application is timely submitted, the sponsor shall review and
44 provide feedback as to material deficiencies in the application
45 by July 1. The applicant shall then have until August 1 to
46 resubmit a revised and final application. The sponsor may
47 approve the draft application. A sponsor may not charge an
48 applicant for a charter any fee for the processing or
49 consideration of an application, and a sponsor may not base its
50 consideration or approval of a final application upon the
51 promise of future payment of any kind. Before approving or
52 denying any final application, the sponsor shall allow the
53 applicant, upon receipt of written notification, at least 7
54 calendar days to make technical or nonsubstantive corrections
55 and clarifications, including, but not limited to, corrections
56 of grammatical, typographical, and like errors or missing
57 signatures, if such errors are identified by the sponsor as
58 cause to deny the final application.
59 1. In order to facilitate an accurate budget projection
60 process, a sponsor shall be held harmless for FTE students who
61 are not included in the FTE projection due to approval of
62 charter school applications after the FTE projection deadline.
63 In a further effort to facilitate an accurate budget projection,
64 within 15 calendar days after receipt of a charter school
65 application, a sponsor shall report to the Department of
66 Education the name of the applicant entity, the proposed charter
67 school location, and its projected FTE.
68 2. In order to ensure fiscal responsibility, an application
69 for a charter school shall include a full accounting of expected
70 assets, a projection of expected sources and amounts of income,
71 including income derived from projected student enrollments and
72 from community support, and an expense projection that includes
73 full accounting of the costs of operation, including start-up
74 costs.
75 3.a. A sponsor shall by a majority vote approve or deny an
76 application no later than 60 calendar days after the application
77 is received, unless the sponsor and the applicant mutually agree
78 in writing to temporarily postpone the vote to a specific date,
79 at which time the sponsor shall by a majority vote approve or
80 deny the application. If the sponsor fails to act on the
81 application, an applicant may appeal to the State Board of
82 Education as provided in paragraph (c). If an application is
83 denied, the sponsor shall, within 10 calendar days after such
84 denial, articulate in writing the specific reasons, based upon
85 good cause, supporting its denial of the charter application and
86 shall provide the letter of denial and supporting documentation
87 to the applicant and to the Department of Education.
88 b. An application submitted by a high-performing charter
89 school identified pursuant to s. 1002.331 may be denied by the
90 sponsor only if the sponsor demonstrates by clear and convincing
91 evidence that:
92 (I) The application does not materially comply with the
93 requirements in paragraph (a);
94 (II) The charter school proposed in the application does
95 not materially comply with the requirements in paragraphs
96 (9)(a)-(f);
97 (III) The proposed charter school’s educational program
98 does not substantially replicate that of the applicant or one of
99 the applicant’s high-performing charter schools;
100 (IV) The applicant has made a material misrepresentation or
101 false statement or concealed an essential or material fact
102 during the application process; or
103 (V) The proposed charter school’s educational program and
104 financial management practices do not materially comply with the
105 requirements of this section.
106
107 Material noncompliance is a failure to follow requirements or a
108 violation of prohibitions applicable to charter school
109 applications, which failure is quantitatively or qualitatively
110 significant either individually or when aggregated with other
111 noncompliance. An applicant is considered to be replicating a
112 high-performing charter school if the proposed school is
113 substantially similar to at least one of the applicant’s high
114 performing charter schools and the organization or individuals
115 involved in the establishment and operation of the proposed
116 school are significantly involved in the operation of replicated
117 schools.
118 c. If the sponsor denies an application submitted by a
119 high-performing charter school, the sponsor must, within 10
120 calendar days after such denial, state in writing the specific
121 reasons, based upon the criteria in sub-subparagraph b.,
122 supporting its denial of the application and must provide the
123 letter of denial and supporting documentation to the applicant
124 and to the Department of Education. The applicant may appeal the
125 sponsor’s denial of the application directly to the State Board
126 of Education pursuant to sub-subparagraph (c)3.b.
127 4. For budget projection purposes, the sponsor shall report
128 to the Department of Education the approval or denial of a
129 charter application within 10 calendar days after such approval
130 or denial. In the event of approval, the report to the
131 Department of Education shall include the final projected FTE
132 for the approved charter school.
133 5. Upon approval of a charter application, the initial
134 startup shall commence with the beginning of the public school
135 calendar for the district in which the charter is granted unless
136 the sponsor allows a waiver of this subparagraph for good cause.
137 6. A person, or an officer of an entity, who submits an
138 application pursuant to this subsection must undergo background
139 screening in the same manner as instructional and
140 noninstructional personnel hired or contracted to fill positions
141 in a charter school or as members of the governing board of a
142 charter school undergo background screening under s. 1012.32.
143 Notwithstanding any other provision of this subsection, a person
144 may not receive approval of a charter application until the
145 person’s screening is completed and the results have been
146 submitted to the sponsor.
147 (g) A charter school applicant, after approval of an
148 application but before the first day of classes at the charter
149 school, must provide verified evidence that the school has been
150 accredited by the Southern Association of Colleges and Schools.
151 (7) CHARTER.—The major issues involving the operation of a
152 charter school shall be considered in advance and written into
153 the charter. The charter shall be signed by the governing board
154 of the charter school and the sponsor, following a public
155 hearing to ensure community input.
156 (a) The charter shall address and criteria for approval of
157 the charter shall be based on:
158 1. The school’s mission, the students to be served, and the
159 ages and grades to be included.
160 2. The focus of the curriculum, the instructional methods
161 to be used, any distinctive instructional techniques to be
162 employed, and identification and acquisition of appropriate
163 technologies needed to improve educational and administrative
164 performance which include a means for promoting safe, ethical,
165 and appropriate uses of technology which comply with legal and
166 professional standards.
167 a. The charter shall ensure that reading is a primary focus
168 of the curriculum and that resources are provided to identify
169 and provide specialized instruction for students who are reading
170 below grade level. The curriculum and instructional strategies
171 for reading must be consistent with the Next Generation Sunshine
172 State Standards and grounded in scientifically based reading
173 research.
174 b. In order to provide students with access to diverse
175 instructional delivery models, to facilitate the integration of
176 technology within traditional classroom instruction, and to
177 provide students with the skills they need to compete in the
178 21st century economy, the Legislature encourages instructional
179 methods for blended learning courses consisting of both
180 traditional classroom and online instructional techniques.
181 Charter schools may implement blended learning courses which
182 combine traditional classroom instruction and virtual
183 instruction. Students in a blended learning course must be full
184 time students of the charter school and receive the online
185 instruction in a classroom setting at the charter school.
186 Instructional personnel certified pursuant to s. 1012.55 who
187 provide virtual instruction for blended learning courses may be
188 employees of the charter school or may be under contract to
189 provide instructional services to charter school students. At a
190 minimum, such instructional personnel must hold an active state
191 or school district adjunct certification under s. 1012.57 for
192 the subject area of the blended learning course. The funding and
193 performance accountability requirements for blended learning
194 courses are the same as those for traditional courses.
195 3. The current incoming baseline standard of student
196 academic achievement, the outcomes to be achieved, and the
197 method of measurement that will be used. The criteria listed in
198 this subparagraph shall include a detailed description of:
199 a. How the baseline student academic achievement levels and
200 prior rates of academic progress will be established.
201 b. How these baseline rates will be compared to rates of
202 academic progress achieved by these same students while
203 attending the charter school.
204 c. To the extent possible, how these rates of progress will
205 be evaluated and compared with rates of progress of other
206 closely comparable student populations.
207
208 The district school board is required to provide academic
209 student performance data to charter schools for each of their
210 students coming from the district school system, as well as
211 rates of academic progress of comparable student populations in
212 the district school system.
213 4. The methods used to identify the educational strengths
214 and needs of students and how well educational goals and
215 performance standards are met by students attending the charter
216 school. The methods shall provide a means for the charter school
217 to ensure accountability to its constituents by analyzing
218 student performance data and by evaluating the effectiveness and
219 efficiency of its major educational programs. Students in
220 charter schools shall, at a minimum, participate in the
221 statewide assessment program created under s. 1008.22.
222 5. In secondary charter schools, a method for determining
223 that a student has satisfied the requirements for graduation in
224 s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
225 6. A method for resolving conflicts between the governing
226 board of the charter school and the sponsor.
227 7. The admissions procedures and dismissal procedures,
228 including the school’s code of student conduct.
229 8. The ways by which the school will achieve a
230 racial/ethnic balance reflective of the community it serves or
231 within the racial/ethnic range of other public schools in the
232 same school district.
233 9. The financial and administrative management of the
234 school, including a reasonable demonstration of the professional
235 experience or competence of those individuals or organizations
236 applying to operate the charter school or those hired or
237 retained to perform such professional services and the
238 description of clearly delineated responsibilities and the
239 policies and practices needed to effectively manage the charter
240 school. A description of internal audit procedures and
241 establishment of controls to ensure that financial resources are
242 properly managed must be included. Both public sector and
243 private sector professional experience shall be equally valid in
244 such a consideration.
245 10. The asset and liability projections required in the
246 application which are incorporated into the charter and shall be
247 compared with information provided in the annual report of the
248 charter school.
249 11. A description of procedures that identify various risks
250 and provide for a comprehensive approach to reduce the impact of
251 losses; plans to ensure the safety and security of students and
252 staff; plans to identify, minimize, and protect others from
253 violent or disruptive student behavior; and the manner in which
254 the school will be insured, including whether or not the school
255 will be required to have liability insurance, and, if so, the
256 terms and conditions thereof and the amounts of coverage.
257 12. The term of the charter which shall provide for
258 cancellation of the charter if insufficient progress has been
259 made in attaining the student achievement objectives of the
260 charter and if it is not likely that such objectives can be
261 achieved before expiration of the charter. The initial term of a
262 charter shall be for 4 or 5 years. In order to facilitate access
263 to long-term financial resources for charter school
264 construction, charter schools that are operated by a
265 municipality or other public entity as provided by law are
266 eligible for up to a 15-year charter, subject to approval by the
267 district school board. A charter lab school is eligible for a
268 charter for a term of up to 15 years. In addition, to facilitate
269 access to long-term financial resources for charter school
270 construction, charter schools that are operated by a private,
271 not-for-profit, s. 501(c)(3) status corporation are eligible for
272 up to a 15-year charter, subject to approval by the district
273 school board. Such long-term charters remain subject to annual
274 review and may be terminated during the term of the charter, but
275 only according to the provisions set forth in subsection (8).
276 13. The facilities to be used and their location. The
277 sponsor shall may not require a charter school to have a
278 certificate of occupancy or a temporary certificate of occupancy
279 for such a facility no later than 60 earlier than 15 calendar
280 days before the first day of school.
281 14. The qualifications to be required of the teachers and
282 the potential strategies used to recruit, hire, train, and
283 retain qualified staff to achieve best value.
284 15. The governance structure of the school, including the
285 status of the charter school as a public or private employer as
286 required in paragraph (12)(i).
287 16. A timetable for implementing the charter which
288 addresses the implementation of each element thereof and the
289 date by which the charter shall be awarded in order to meet this
290 timetable.
291 17. In the case of an existing public school that is being
292 converted to charter status, alternative arrangements for
293 current students who choose not to attend the charter school and
294 for current teachers who choose not to teach in the charter
295 school after conversion in accordance with the existing
296 collective bargaining agreement or district school board rule in
297 the absence of a collective bargaining agreement. However,
298 alternative arrangements shall not be required for current
299 teachers who choose not to teach in a charter lab school, except
300 as authorized by the employment policies of the state university
301 which grants the charter to the lab school.
302 18. Full disclosure of the identity of all relatives
303 employed by the charter school who are related to the charter
304 school owner, president, chairperson of the governing board of
305 directors, superintendent, governing board member, principal,
306 assistant principal, or any other person employed by the charter
307 school who has equivalent decisionmaking authority. For the
308 purpose of this subparagraph, the term “relative” means father,
309 mother, son, daughter, brother, sister, uncle, aunt, first
310 cousin, nephew, niece, husband, wife, father-in-law, mother-in
311 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
312 stepfather, stepmother, stepson, stepdaughter, stepbrother,
313 stepsister, half brother, or half sister.
314 19. Implementation of the activities authorized under s.
315 1002.331 by the charter school when it satisfies the eligibility
316 requirements for a high-performing charter school. A high
317 performing charter school shall notify its sponsor in writing by
318 March 1 if it intends to increase enrollment or expand grade
319 levels the following school year. The written notice shall
320 specify the amount of the enrollment increase and the grade
321 levels that will be added, as applicable.
322 20. Documentation of adequate financial resources to
323 support the operation of the charter school no later than 60
324 calendar days before the first day of school. Documentation may
325 include bank statements, financial statements, loan documents,
326 and any other business and financial records.
327 (17) FUNDING.—Students enrolled in a charter school,
328 regardless of the sponsorship, shall be funded as if they are in
329 a basic program or a special program, the same as students
330 enrolled in other public schools in the school district. Funding
331 for a charter lab school shall be as provided in s. 1002.32.
332 (c) If the district school board is providing programs or
333 services to students funded by federal funds, any eligible
334 students enrolled in charter schools in the school district
335 shall be provided federal funds for the same level of service
336 provided students in the schools operated by the district school
337 board. Pursuant to provisions of 20 U.S.C. 8061 s. 10306, All
338 charter schools shall receive all federal funding for which the
339 school is otherwise eligible, including Title I funding, no not
340 later than 5 months after the charter school first opens and
341 within 5 months after any subsequent expansion of enrollment.
342 Unless otherwise mutually agreed to by the charter school and
343 its sponsor, and consistent with state and federal rules and
344 regulations governing the use and disbursement of federal funds,
345 the sponsor shall reimburse the charter school on a monthly
346 basis for all invoices submitted by the charter school for
347 federal funds available to the sponsor for the benefit of the
348 charter school, the charter school’s students, and the charter
349 school’s students as public school students in the school
350 district. Such federal funds include, but are not limited to,
351 Title I, Title II, and Individuals with Disabilities Education
352 Act (IDEA) funds. To receive timely reimbursement for an
353 invoice, the charter school must submit the invoice to the
354 sponsor at least 30 days before the monthly date of
355 reimbursement set by the sponsor. In order to be reimbursed, any
356 expenditures made by the charter school must comply with all
357 applicable state rules and federal regulations, including, but
358 not limited to, the applicable federal Office of Management and
359 Budget Circulars; United States Department of Education the
360 federal Education Department General Administrative Regulations;
361 and program-specific statutes, rules, and regulations. Such
362 funds may not be made available to the charter school until a
363 plan is submitted to the sponsor for approval of the use of the
364 funds in accordance with applicable federal requirements. The
365 sponsor has 30 days to review and approve any plan submitted
366 pursuant to this paragraph.
367 Section 2. Paragraph (a) of subsection (3) of section
368 1002.331, Florida Statutes, is amended to read:
369 1002.331 High-performing charter schools.—
370 (3)(a) A high-performing charter school may submit an
371 application pursuant to s. 1002.33(6) in any school district in
372 the state to establish and operate a new charter school that
373 will substantially replicate its educational program. An
374 application submitted by a high-performing charter school must
375 state that the application is being submitted pursuant to this
376 paragraph and must include the verification letter provided by
377 the Commissioner of Education pursuant to subsection (5). If the
378 sponsor fails to act on the application within 60 days after
379 receipt, the application is deemed approved and the procedure in
380 s. 1002.33(6)(i) s. 1002.33(6)(h) applies. If the sponsor denies
381 the application, the high-performing charter school may appeal
382 pursuant to s. 1002.33(6).
383 Section 3. This act shall take effect July 1, 2015.