Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 830
       
       
       
       
       
       
                                Ì3397708Î339770                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/02/2016           .                                
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       The Committee on Education Pre-K - 12 (Gaetz) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (1), paragraph (a) of subsection (2),
    6  paragraphs (a) and (b) of subsection (6), paragraphs (a) and (d)
    7  of subsection (7), paragraphs (g), (n), and (p) of subsection
    8  (9), paragraphs (a) and (d) of subsection (10), subsection (13),
    9  paragraphs (b) and (e) of subsection (17), paragraph (a) of
   10  subsection (18), and paragraph (a) of subsection (20) of section
   11  1002.33, Florida Statutes, are amended to read:
   12         1002.33 Charter schools.—
   13         (1) AUTHORIZATION.—Charter schools shall be part of the
   14  state’s program of public education. All charter schools in
   15  Florida are public schools. A charter school may be formed by
   16  creating a new school or converting an existing public school to
   17  charter status. A charter school may operate a virtual charter
   18  school pursuant to s. 1002.45(1)(d) to provide full-time online
   19  instruction to eligible students, pursuant to s. 1002.455, in
   20  kindergarten through grade 12. An existing A charter school that
   21  is seeking to become a virtual charter school must amend its
   22  charter or submit a new application pursuant to subsection (6)
   23  to become a virtual charter school. A virtual charter school is
   24  subject to the requirements of this section; however, a virtual
   25  charter school is exempt from subsections (18) and (19),
   26  subparagraphs (20)(a)2., 4., 5., and 7., paragraph (20)(c), and
   27  s. 1003.03. A public school may not use the term charter in its
   28  name unless it has been approved under this section.
   29         (2) GUIDING PRINCIPLES; PURPOSE.—
   30         (a) Charter schools in Florida shall be guided by the
   31  following principles:
   32         1. Meet high standards of student achievement while
   33  providing parents flexibility to choose among diverse
   34  educational opportunities within the state’s public school
   35  system.
   36         2. Promote enhanced academic success and financial
   37  efficiency by aligning responsibility with accountability.
   38         3. Provide parents with sufficient information on whether
   39  their child is reading at grade level and whether the child
   40  gains at least a year’s worth of learning for every year spent
   41  in the charter school. For a student who exhibits a substantial
   42  deficiency in reading, as determined by the charter school, the
   43  school shall notify the parent of the deficiency, the intensive
   44  interventions and supports used, and the student’s progress in
   45  accordance with s. 1008.25(5).
   46         (6) APPLICATION PROCESS AND REVIEW.—Charter school
   47  applications are subject to the following requirements:
   48         (a) A person or entity seeking wishing to open a charter
   49  school shall prepare and submit an application on a model
   50  application form prepared by the Department of Education which:
   51         1. Demonstrates how the school will use the guiding
   52  principles and meet the statutorily defined purpose of a charter
   53  school.
   54         2. Provides a detailed curriculum plan that illustrates how
   55  students will be provided services to attain the Sunshine State
   56  Standards.
   57         3. Contains goals and objectives for improving student
   58  learning and measuring that improvement. These goals and
   59  objectives must indicate how much academic improvement students
   60  are expected to show each year, how success will be evaluated,
   61  and the specific results to be attained through instruction.
   62         4. Describes the reading curriculum and differentiated
   63  strategies that will be used for students reading at grade level
   64  or higher and a separate curriculum and strategies for students
   65  who are reading below grade level. A sponsor shall deny an
   66  application a charter if the school does not propose a reading
   67  curriculum that is evidence-based and includes explicit,
   68  systematic, and multisensory reading instructional strategies;
   69  however, a sponsor may not require the charter school to
   70  implement the reading plan adopted by the school district
   71  pursuant to s. 1011.62(9) consistent with effective teaching
   72  strategies that are grounded in scientifically based reading
   73  research.
   74         5. Contains an annual financial plan for each year
   75  requested by the charter for operation of the school for up to 5
   76  years. This plan must contain anticipated fund balances based on
   77  revenue projections, a spending plan based on projected revenues
   78  and expenses, and a description of controls that will safeguard
   79  finances and projected enrollment trends.
   80         6.Discloses the name of each applicant, governing board
   81  member, and all proposed education services providers; the name
   82  and sponsor of any charter school operated by each applicant,
   83  each governing board member, and each proposed education
   84  services provider that has closed and the reasons for the
   85  closure; and the academic and financial history of such charter
   86  schools, which the sponsor shall consider in deciding whether to
   87  approve or deny the application.
   88         7.6. Contains additional information a sponsor may require,
   89  which shall be attached as an addendum to the charter school
   90  application described in this paragraph.
   91         8.7. For the establishment of a virtual charter school,
   92  documents that the applicant has contracted with a provider of
   93  virtual instruction services pursuant to s. 1002.45(1)(d).
   94         (b) A sponsor shall receive and review all applications for
   95  a charter school using the an evaluation instrument developed by
   96  the Department of Education. A sponsor shall receive and
   97  consider charter school applications received on or before
   98  August 1 of each calendar year for charter schools to be opened
   99  at the beginning of the school district’s next school year, or
  100  to be opened at a time agreed to by the applicant and the
  101  sponsor. A sponsor may not refuse to receive a charter school
  102  application submitted before August 1 and may receive an
  103  application submitted later than August 1 if it chooses. In
  104  order to facilitate greater collaboration in the application
  105  process, an applicant may submit a draft charter school
  106  application on or before May 1 with an application fee of $500.
  107  If a draft application is timely submitted, the sponsor shall
  108  review and provide feedback as to material deficiencies in the
  109  application by July 1. The applicant shall then have until
  110  August 1 to resubmit a revised and final application. The
  111  sponsor may approve the draft application. Except as provided
  112  for a draft application, a sponsor may not charge an applicant
  113  for a charter any fee for the processing or consideration of an
  114  application, and a sponsor may not base its consideration or
  115  approval of a final application upon the promise of future
  116  payment of any kind. Before approving or denying any final
  117  application, the sponsor shall allow the applicant, upon receipt
  118  of written notification, at least 7 calendar days to make
  119  technical or nonsubstantive corrections and clarifications,
  120  including, but not limited to, corrections of grammatical,
  121  typographical, and like errors or missing signatures, if such
  122  errors are identified by the sponsor as cause to deny the final
  123  application.
  124         1. In order to facilitate an accurate budget projection
  125  process, a sponsor shall be held harmless for FTE students who
  126  are not included in the FTE projection due to approval of
  127  charter school applications after the FTE projection deadline.
  128  In a further effort to facilitate an accurate budget projection,
  129  within 15 calendar days after receipt of a charter school
  130  application, a sponsor shall report to the Department of
  131  Education the name of the applicant entity, the proposed charter
  132  school location, and its projected FTE.
  133         2. In order to ensure fiscal responsibility, an application
  134  for a charter school shall include a full accounting of expected
  135  assets, a projection of expected sources and amounts of income,
  136  including income derived from projected student enrollments and
  137  from community support, and an expense projection that includes
  138  full accounting of the costs of operation, including start-up
  139  costs.
  140         3.a. A sponsor shall by a majority vote approve or deny an
  141  application no later than 60 calendar days after the application
  142  is received, unless the sponsor and the applicant mutually agree
  143  in writing to temporarily postpone the vote to a specific date,
  144  at which time the sponsor shall by a majority vote approve or
  145  deny the application. If the sponsor fails to act on the
  146  application, an applicant may appeal to the State Board of
  147  Education as provided in paragraph (c). If an application is
  148  denied, the sponsor shall, within 10 calendar days after such
  149  denial, articulate in writing the specific reasons, based upon
  150  good cause, supporting its denial of the charter application and
  151  shall provide the letter of denial and supporting documentation
  152  to the applicant and to the Department of Education.
  153         b. An application submitted by a high-performing charter
  154  school identified pursuant to s. 1002.331 may be denied by the
  155  sponsor only if the sponsor demonstrates by clear and convincing
  156  evidence that:
  157         (I) The application does not materially comply with the
  158  requirements in paragraph (a);
  159         (II) The charter school proposed in the application does
  160  not materially comply with the requirements in paragraphs
  161  (9)(a)-(f);
  162         (III) The proposed charter school’s educational program
  163  does not substantially replicate that of the applicant or one of
  164  the applicant’s high-performing charter schools;
  165         (IV) The applicant has made a material misrepresentation or
  166  false statement or concealed an essential or material fact
  167  during the application process; or
  168         (V) The proposed charter school’s educational program and
  169  financial management practices do not materially comply with the
  170  requirements of this section.
  171  
  172  Material noncompliance is a failure to follow requirements or a
  173  violation of prohibitions applicable to charter school
  174  applications, which failure is quantitatively or qualitatively
  175  significant either individually or when aggregated with other
  176  noncompliance. An applicant is considered to be replicating a
  177  high-performing charter school if the proposed school is
  178  substantially similar to at least one of the applicant’s high
  179  performing charter schools and the organization or individuals
  180  involved in the establishment and operation of the proposed
  181  school are significantly involved in the operation of replicated
  182  schools.
  183         c. If the sponsor denies an application submitted by a
  184  high-performing charter school, the sponsor must, within 10
  185  calendar days after such denial, state in writing the specific
  186  reasons, based upon the criteria in sub-subparagraph b.,
  187  supporting its denial of the application and must provide the
  188  letter of denial and supporting documentation to the applicant
  189  and to the Department of Education. The applicant may appeal the
  190  sponsor’s denial of the application directly to the State Board
  191  of Education and, if an appeal is filed, must provide a copy of
  192  the appeal to the sponsor pursuant to paragraph (c) sub
  193  subparagraph (c)3.b.
  194         4. For budget projection purposes, the sponsor shall report
  195  to the Department of Education the approval or denial of an a
  196  charter application within 10 calendar days after such approval
  197  or denial. In the event of approval, the report to the
  198  Department of Education shall include the final projected FTE
  199  for the approved charter school.
  200         5. Upon approval of an a charter application, the initial
  201  startup shall commence with the beginning of the public school
  202  calendar for the district in which the charter is granted. A
  203  charter school may defer the opening of the school’s operations
  204  for up to 2 years to provide time for adequate facility
  205  planning. The charter school must provide written notice of such
  206  intent to the sponsor and the parents of enrolled students at
  207  least 30 calendar days before the first day of school unless the
  208  sponsor allows a waiver of this subparagraph for good cause.
  209         (7) CHARTER.—The major issues involving the operation of a
  210  charter school shall be considered in advance and written into
  211  the charter. The charter shall be signed by the governing board
  212  of the charter school and the sponsor, following a public
  213  hearing to ensure community input.
  214         (a) The charter shall address and criteria for approval of
  215  the charter shall be based on:
  216         1. The school’s mission, the students to be served, and the
  217  ages and grades to be included.
  218         2. The focus of the curriculum, the instructional methods
  219  to be used, any distinctive instructional techniques to be
  220  employed, and identification and acquisition of appropriate
  221  technologies needed to improve educational and administrative
  222  performance which include a means for promoting safe, ethical,
  223  and appropriate uses of technology which comply with legal and
  224  professional standards.
  225         a. The charter shall ensure that reading is a primary focus
  226  of the curriculum and that resources are provided to identify
  227  and provide specialized instruction for students who are reading
  228  below grade level. The curriculum and instructional strategies
  229  for reading must be consistent with the Next Generation Sunshine
  230  State Standards and evidence-based grounded in scientifically
  231  based reading research.
  232         b. In order to provide students with access to diverse
  233  instructional delivery models, to facilitate the integration of
  234  technology within traditional classroom instruction, and to
  235  provide students with the skills they need to compete in the
  236  21st century economy, the Legislature encourages instructional
  237  methods for blended learning courses consisting of both
  238  traditional classroom and online instructional techniques.
  239  Charter schools may implement blended learning courses which
  240  combine traditional classroom instruction and virtual
  241  instruction. Students in a blended learning course must be full
  242  time students of the charter school pursuant to s.
  243  1011.61(1)(a)1. and receive the online instruction in a
  244  classroom setting at the charter school. Instructional personnel
  245  certified pursuant to s. 1012.55 who provide virtual instruction
  246  for blended learning courses may be employees of the charter
  247  school or may be under contract to provide instructional
  248  services to charter school students. At a minimum, such
  249  instructional personnel must hold an active state or school
  250  district adjunct certification under s. 1012.57 for the subject
  251  area of the blended learning course. The funding and performance
  252  accountability requirements for blended learning courses are the
  253  same as those for traditional courses.
  254         3. The current incoming baseline standard of student
  255  academic achievement, the outcomes to be achieved, and the
  256  method of measurement that will be used. The criteria listed in
  257  this subparagraph shall include a detailed description of:
  258         a. How the baseline student academic achievement levels and
  259  prior rates of academic progress will be established.
  260         b. How these baseline rates will be compared to rates of
  261  academic progress achieved by these same students while
  262  attending the charter school.
  263         c. To the extent possible, how these rates of progress will
  264  be evaluated and compared with rates of progress of other
  265  closely comparable student populations.
  266  
  267  The district school board is required to provide academic
  268  student performance data to charter schools for each of their
  269  students coming from the district school system, as well as
  270  rates of academic progress of comparable student populations in
  271  the district school system.
  272         4. The methods used to identify the educational strengths
  273  and needs of students and how well educational goals and
  274  performance standards are met by students attending the charter
  275  school. The methods shall provide a means for the charter school
  276  to ensure accountability to its constituents by analyzing
  277  student performance data and by evaluating the effectiveness and
  278  efficiency of its major educational programs. Students in
  279  charter schools shall, at a minimum, participate in the
  280  statewide assessment program created under s. 1008.22.
  281         5. In secondary charter schools, a method for determining
  282  that a student has satisfied the requirements for graduation in
  283  s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
  284         6. A method for resolving conflicts between the governing
  285  board of the charter school and the sponsor.
  286         7. The admissions procedures and dismissal procedures,
  287  including the school’s code of student conduct. Admission or
  288  dismissal must not be based on a student’s academic performance.
  289         8. The ways by which the school will achieve a
  290  racial/ethnic balance reflective of the community it serves or
  291  within the racial/ethnic range of other public schools in the
  292  same school district.
  293         9. The financial and administrative management of the
  294  school, including a reasonable demonstration of the professional
  295  experience or competence of those individuals or organizations
  296  applying to operate the charter school or those hired or
  297  retained to perform such professional services and the
  298  description of clearly delineated responsibilities and the
  299  policies and practices needed to effectively manage the charter
  300  school. A description of internal audit procedures and
  301  establishment of controls to ensure that financial resources are
  302  properly managed must be included. Both public sector and
  303  private sector professional experience shall be equally valid in
  304  such a consideration.
  305         10. The asset and liability projections required in the
  306  application which are incorporated into the charter and shall be
  307  compared with information provided in the annual report of the
  308  charter school.
  309         11. A description of procedures that identify various risks
  310  and provide for a comprehensive approach to reduce the impact of
  311  losses; plans to ensure the safety and security of students and
  312  staff; plans to identify, minimize, and protect others from
  313  violent or disruptive student behavior; and the manner in which
  314  the school will be insured, including whether or not the school
  315  will be required to have liability insurance, and, if so, the
  316  terms and conditions thereof and the amounts of coverage.
  317         12. The term of the charter which shall provide for
  318  cancellation of the charter if insufficient progress has been
  319  made in attaining the student achievement objectives of the
  320  charter and if it is not likely that such objectives can be
  321  achieved before expiration of the charter. The initial term of a
  322  charter shall be for 4 or 5 years. In order to facilitate access
  323  to long-term financial resources for charter school
  324  construction, charter schools that are operated by a
  325  municipality or other public entity as provided by law are
  326  eligible for up to a 15-year charter, subject to approval by the
  327  district school board. A charter lab school is eligible for a
  328  charter for a term of up to 15 years. In addition, to facilitate
  329  access to long-term financial resources for charter school
  330  construction, charter schools that are operated by a private,
  331  not-for-profit, s. 501(c)(3) status corporation are eligible for
  332  up to a 15-year charter, subject to approval by the district
  333  school board. Such long-term charters remain subject to annual
  334  review and may be terminated during the term of the charter, but
  335  only according to the provisions set forth in subsection (8).
  336         13. The facilities to be used and their location. The
  337  sponsor may not require a charter school to have a certificate
  338  of occupancy or a temporary certificate of occupancy for such a
  339  facility earlier than 15 calendar days before the first day of
  340  school.
  341         14. The qualifications to be required of the teachers and
  342  the potential strategies used to recruit, hire, train, and
  343  retain qualified staff to achieve best value.
  344         15. The governance structure of the school, including the
  345  status of the charter school as a public or private employer as
  346  required in paragraph (12)(i).
  347         16. A timetable for implementing the charter which
  348  addresses the implementation of each element thereof and the
  349  date by which the charter shall be awarded in order to meet this
  350  timetable.
  351         17. In the case of an existing public school that is being
  352  converted to charter status, alternative arrangements for
  353  current students who choose not to attend the charter school and
  354  for current teachers who choose not to teach in the charter
  355  school after conversion in accordance with the existing
  356  collective bargaining agreement or district school board rule in
  357  the absence of a collective bargaining agreement. However,
  358  alternative arrangements shall not be required for current
  359  teachers who choose not to teach in a charter lab school, except
  360  as authorized by the employment policies of the state university
  361  which grants the charter to the lab school.
  362         18. Full disclosure of the identity of all relatives
  363  employed by the charter school who are related to the charter
  364  school owner, president, chairperson of the governing board of
  365  directors, superintendent, governing board member, principal,
  366  assistant principal, or any other person employed by the charter
  367  school who has equivalent decisionmaking authority. For the
  368  purpose of this subparagraph, the term “relative” means father,
  369  mother, son, daughter, brother, sister, uncle, aunt, first
  370  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  371  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  372  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  373  stepsister, half brother, or half sister.
  374         19. Implementation of the activities authorized under s.
  375  1002.331 by the charter school when it satisfies the eligibility
  376  requirements for a high-performing charter school. A high
  377  performing charter school shall notify its sponsor in writing by
  378  March 1 if it intends to increase enrollment or expand grade
  379  levels the following school year. The written notice shall
  380  specify the amount of the enrollment increase and the grade
  381  levels that will be added, as applicable.
  382         (d)1.A charter may be terminated by a charter school’s
  383  governing board through voluntary closure. The decision to cease
  384  operations must be determined at a public meeting. The governing
  385  board shall notify the parents and sponsor of the public meeting
  386  in writing before the public meeting. The governing board must
  387  notify the sponsor, parents of enrolled students, and the
  388  department in writing within 24 hours after the public meeting
  389  of its determination. The notice shall state the charter
  390  school’s intent to continue operations or the reason for the
  391  closure and acknowledge that the governing board agrees to
  392  follow the procedures for dissolution and reversion of public
  393  funds pursuant to paragraphs (8)(e)-(g) and (9)(o) Each charter
  394  school’s governing board must appoint a representative to
  395  facilitate parental involvement, provide access to information,
  396  assist parents and others with questions and concerns, and
  397  resolve disputes. The representative must reside in the school
  398  district in which the charter school is located and may be a
  399  governing board member, charter school employee, or individual
  400  contracted to represent the governing board. If the governing
  401  board oversees multiple charter schools in the same school
  402  district, the governing board must appoint a separate individual
  403  representative for each charter school in the district. The
  404  representative’s contact information must be provided annually
  405  in writing to parents and posted prominently on the charter
  406  school’s website if a website is maintained by the school. The
  407  sponsor may not require that governing board members reside in
  408  the school district in which the charter school is located if
  409  the charter school complies with this paragraph.
  410         2.Each charter school’s governing board must hold at least
  411  two public meetings per school year in the school district. The
  412  meetings must be noticed, open, and accessible to the public,
  413  and attendees must be provided an opportunity to receive
  414  information and provide input regarding the charter school’s
  415  operations. The appointed representative and charter school
  416  principal or director, or his or her equivalent, must be
  417  physically present at each meeting.
  418         (9) CHARTER SCHOOL REQUIREMENTS.—
  419         (g)1. In order to provide financial information that is
  420  comparable to that reported for other public schools, charter
  421  schools are to maintain all financial records that constitute
  422  their accounting system:
  423         a. In accordance with the accounts and codes prescribed in
  424  the most recent issuance of the publication titled “Financial
  425  and Program Cost Accounting and Reporting for Florida Schools”;
  426  or
  427         b. At the discretion of the charter school’s governing
  428  board, a charter school may elect to follow generally accepted
  429  accounting standards for not-for-profit organizations, but must
  430  reformat this information for reporting according to this
  431  paragraph.
  432         2. Charter schools shall provide annual financial report
  433  and program cost report information in the state-required
  434  formats for inclusion in district reporting in compliance with
  435  s. 1011.60(1). Charter schools that are operated by a
  436  municipality or are a component unit of a parent nonprofit
  437  organization may use the accounting system of the municipality
  438  or the parent but must reformat this information for reporting
  439  according to this paragraph.
  440         3. A charter school shall, upon approval of the charter
  441  contract, provide the sponsor with a concise, uniform, monthly
  442  financial statement summary sheet that contains a balance sheet
  443  and a statement of revenue, expenditures, and changes in fund
  444  balance. The balance sheet and the statement of revenue,
  445  expenditures, and changes in fund balance shall be in the
  446  governmental funds format prescribed by the Governmental
  447  Accounting Standards Board. A high-performing charter school
  448  pursuant to s. 1002.331 may provide a quarterly financial
  449  statement in the same format and requirements as the uniform
  450  monthly financial statement summary sheet. The sponsor shall
  451  review each monthly or quarterly financial statement to identify
  452  the existence of any conditions identified in s. 1002.345(1)(a).
  453         4. A charter school shall maintain and provide financial
  454  information as required in this paragraph. The financial
  455  statement required in subparagraph 3. must be in a form
  456  prescribed by the Department of Education.
  457         (n)1. The director and a representative of the governing
  458  board of a charter school that has earned a grade of “D” or “F”
  459  pursuant to s. 1008.34 shall appear before the sponsor to
  460  present information concerning each contract component having
  461  noted deficiencies. The director and a representative of the
  462  governing board shall submit to the sponsor for approval a
  463  school improvement plan to raise student performance. Upon
  464  approval by the sponsor, the charter school shall begin
  465  implementation of the school improvement plan. The department
  466  shall offer technical assistance and training to the charter
  467  school and its governing board and establish guidelines for
  468  developing, submitting, and approving such plans.
  469         2.a. If a charter school earns three consecutive grades of
  470  “D,” two consecutive grades of “D” followed by a grade of “F,”
  471  or two nonconsecutive grades of “F” within a 3-year period, the
  472  charter school governing board shall choose one of the following
  473  corrective actions:
  474         (I) Contract for educational services to be provided
  475  directly to students, instructional personnel, and school
  476  administrators, as prescribed in state board rule;
  477         (II) Contract with an outside entity that has a
  478  demonstrated record of effectiveness to operate the school;
  479         (III) Reorganize the school under a new director or
  480  principal who is authorized to hire new staff; or
  481         (IV) Voluntarily close the charter school.
  482         b. The charter school must implement the corrective action
  483  in the school year following receipt of a third consecutive
  484  grade of “D,” a grade of “F” following two consecutive grades of
  485  “D,” or a second nonconsecutive grade of “F” within a 3-year
  486  period.
  487         c. The sponsor may annually waive a corrective action if it
  488  determines that the charter school is likely to improve a letter
  489  grade if additional time is provided to implement the
  490  intervention and support strategies prescribed by the school
  491  improvement plan. Notwithstanding this sub-subparagraph, a
  492  charter school that earns a second consecutive grade of “F” is
  493  subject to subparagraph 4.
  494         d. A charter school is no longer required to implement a
  495  corrective action if it improves by at least one letter grade.
  496  However, the charter school must continue to implement
  497  strategies identified in the school improvement plan. The
  498  sponsor must annually review implementation of the school
  499  improvement plan to monitor the school’s continued improvement
  500  pursuant to subparagraph 5.
  501         e. A charter school implementing a corrective action that
  502  does not improve by at least one letter grade after 2 full
  503  school years of implementing the corrective action must select a
  504  different corrective action. Implementation of the new
  505  corrective action must begin in the school year following the
  506  implementation period of the existing corrective action, unless
  507  the sponsor determines that the charter school is likely to
  508  improve a letter grade if additional time is provided to
  509  implement the existing corrective action. Notwithstanding this
  510  sub-subparagraph, a charter school that earns a second
  511  consecutive grade of “F” while implementing a corrective action
  512  is subject to subparagraph 4.
  513         3. A charter school with a grade of “D” or “F” that
  514  improves by at least one letter grade must continue to implement
  515  the strategies identified in the school improvement plan. The
  516  sponsor must annually review implementation of the school
  517  improvement plan to monitor the school’s continued improvement
  518  pursuant to subparagraph 5.
  519         4. A charter school’s charter contract is automatically
  520  terminated if the school earns two consecutive grades of “F”
  521  after all school grade appeals are final The sponsor shall
  522  terminate a charter if the charter school earns two consecutive
  523  grades of “F” unless:
  524         a. The charter school is established to turn around the
  525  performance of a district public school pursuant to s.
  526  1008.33(4)(b)3. Such charter schools shall be governed by s.
  527  1008.33;
  528         b. The charter school serves a student population the
  529  majority of which resides in a school zone served by a district
  530  public school that earned a grade of “F” in the year before the
  531  charter school opened and the charter school earns at least a
  532  grade of “D” in its third year of operation. The exception
  533  provided under this sub-subparagraph does not apply to a charter
  534  school in its fourth year of operation and thereafter; or
  535         c. The state board grants the charter school a waiver of
  536  termination. The charter school must request the waiver within
  537  15 days after the department’s official release of school
  538  grades. The state board may waive termination if the charter
  539  school demonstrates that the Learning Gains of its students on
  540  statewide assessments are comparable to or better than the
  541  Learning Gains of similarly situated students enrolled in nearby
  542  district public schools. The waiver is valid for 1 year and may
  543  only be granted once. Charter schools that have been in
  544  operation for more than 5 years are not eligible for a waiver
  545  under this sub-subparagraph.
  546  
  547  The sponsor shall notify the charter school’s governing board,
  548  the charter school principal, and the department in writing when
  549  a charter contract is terminated under this subparagraph. The
  550  letter of termination must meet the requirements of paragraph
  551  (8)(c). A charter terminated under this subparagraph must follow
  552  the procedures for dissolution and reversion of public funds
  553  pursuant to paragraphs (8)(e)-(g) and (9)(o).
  554         5. The director and a representative of the governing board
  555  of a graded charter school that has implemented a school
  556  improvement plan under this paragraph shall appear before the
  557  sponsor at least once a year to present information regarding
  558  the progress of intervention and support strategies implemented
  559  by the school pursuant to the school improvement plan and
  560  corrective actions, if applicable. The sponsor shall communicate
  561  at the meeting, and in writing to the director, the services
  562  provided to the school to help the school address its
  563  deficiencies.
  564         6. Notwithstanding any provision of this paragraph except
  565  sub-subparagraphs 4.a.-c., the sponsor may terminate the charter
  566  at any time pursuant to subsection (8).
  567         (p)1. Each charter school shall maintain a website that
  568  enables the public to obtain information regarding the school;
  569  the school’s academic performance; the names of the governing
  570  board members; the programs at the school; any management
  571  companies, service providers, or education management
  572  corporations associated with the school; the school’s annual
  573  budget and its annual independent fiscal audit; the school’s
  574  grade pursuant to s. 1008.34; and, on a quarterly basis, the
  575  minutes of governing board meetings.
  576         2.Each charter school’s governing board must appoint a
  577  representative to facilitate parental involvement, provide
  578  access to information, assist parents and others with questions
  579  and concerns, and resolve disputes. The representative must
  580  reside in the school district in which the charter school is
  581  located and may be a governing board member, a charter school
  582  employee, or an individual contracted to represent the governing
  583  board. If the governing board oversees multiple charter schools
  584  in the same school district, the governing board must appoint a
  585  separate representative for each charter school in the district.
  586  The representative’s contact information must be provided
  587  annually in writing to parents and posted prominently on the
  588  charter school’s website. The sponsor may not require governing
  589  board members to reside in the school district in which the
  590  charter school is located if the charter school complies with
  591  this subparagraph.
  592         3.Each charter school’s governing board must hold at least
  593  two public meetings per school year in the school district where
  594  the charter school is located. The meetings must be noticed,
  595  open, and accessible to the public, and attendees must be
  596  provided an opportunity to receive information and provide input
  597  regarding the charter school’s operations. The appointed
  598  representative and charter school principal or director, or his
  599  or her designee, must be physically present at each meeting.
  600  Members of the governing board may attend in person or by means
  601  of communications media technology used in accordance with rules
  602  adopted by the Administration Commission under s. 120.54(5).
  603         (10) ELIGIBLE STUDENTS.—
  604         (a) A charter school shall be open to any student covered
  605  in an interdistrict agreement or residing in the school district
  606  in which the charter school is located; however, in the case of
  607  a charter lab school, the charter lab school shall be open to
  608  any student eligible to attend the lab school as provided in s.
  609  1002.32 or who resides in the school district in which the
  610  charter lab school is located. Any eligible student shall be
  611  allowed interdistrict transfer to attend a charter school when
  612  based on good cause. Good cause shall include, but is not
  613  limited to, geographic proximity to a charter school in a
  614  neighboring school district. A charter school that has not
  615  reached capacity, as determined by the charter school’s
  616  governing board, may be open for enrollment to any student in
  617  the state.
  618         (d) A charter school may give enrollment preference to the
  619  following student populations:
  620         1. Students who are siblings of a student enrolled in the
  621  charter school.
  622         2. Students who are the children of a member of the
  623  governing board of the charter school.
  624         3. Students who are the children of an employee of the
  625  charter school.
  626         4. Students who are the children of:
  627         a. An employee of the business partner of a charter school
  628  in-the-workplace established under paragraph (15)(b) or a
  629  resident of the municipality in which such charter school is
  630  located; or
  631         b. A resident of a municipality that operates a charter
  632  school-in-a-municipality pursuant to paragraph (15)(c) or allows
  633  a charter school to use a school facility or portion of land
  634  owned by the municipality for the operation of the charter
  635  school.
  636         5. Students who have successfully completed a voluntary
  637  prekindergarten education program under ss. 1002.51-1002.79
  638  provided by the charter school or the charter school’s governing
  639  board during the previous year.
  640         6. Students who are the children of an active duty member
  641  of any branch of the United States Armed Forces.
  642         7.Students who attended or are assigned to failing schools
  643  pursuant to s. 1002.38(2).
  644         (13) CHARTER SCHOOL COOPERATIVES.—Charter schools may enter
  645  into cooperative agreements to form charter school cooperative
  646  organizations that may provide the following services to further
  647  educational, operational, and administrative initiatives in
  648  which the participating charter schools share common interests:
  649  charter school planning and development, direct instructional
  650  services, and contracts with charter school governing boards to
  651  provide personnel administrative services, payroll services,
  652  human resource management, evaluation and assessment services,
  653  teacher preparation, and professional development.
  654         (17) FUNDING.—Students enrolled in a charter school,
  655  regardless of the sponsorship, shall be funded as if they are in
  656  a basic program or a special program, the same as students
  657  enrolled in other public schools in the school district. Funding
  658  for a charter lab school shall be as provided in s. 1002.32.
  659         (b) The basis for the agreement for funding students
  660  enrolled in a charter school shall be the sum of the school
  661  district’s operating funds from the Florida Education Finance
  662  Program as provided in s. 1011.62 and the General Appropriations
  663  Act, including gross state and local funds, discretionary
  664  lottery funds, and funds from the school district’s current
  665  operating discretionary millage levy; divided by total funded
  666  weighted full-time equivalent students in the school district;
  667  multiplied by the weighted full-time equivalent students for the
  668  charter school. Charter schools whose students or programs meet
  669  the eligibility criteria in law are entitled to their
  670  proportionate share of categorical program funds included in the
  671  total funds available in the Florida Education Finance Program
  672  by the Legislature, including transportation, the research-based
  673  reading allocation, and the Florida digital classrooms
  674  allocation. Total funding for each charter school shall be
  675  recalculated during the year to reflect the revised calculations
  676  under the Florida Education Finance Program by the state and the
  677  actual weighted full-time equivalent students reported by the
  678  charter school during the full-time equivalent student survey
  679  periods designated by the Commissioner of Education. Any
  680  unrestricted surplus or unrestricted net assets identified in
  681  the charter school’s annual audit may be used for K-12
  682  educational purposes for charter schools within the district
  683  operated by the not-for-profit or municipal entity operating the
  684  charter school with the surplus. Surplus operating funds shall
  685  be used in accordance with s. 1011.62, and surplus capital
  686  outlay funds shall be used in accordance with s. 1013.62(2).
  687         (e) District school boards shall make timely and efficient
  688  payment and reimbursement to charter schools, including
  689  processing paperwork required to access special state and
  690  federal funding for which they may be eligible. Payments of
  691  funds under paragraph (b) shall be made monthly or twice a
  692  month, beginning with the start of the district school board’s
  693  fiscal year. Each payment shall be one-twelfth, or one twenty
  694  fourth, as applicable, of the total state and local funds
  695  described in paragraph (b) and adjusted as set forth therein.
  696  For the first 2 years of a charter school’s operation, if a
  697  minimum of 75 percent of the projected enrollment is entered
  698  into the sponsor’s student information system by the first day
  699  of the current month, the district school board shall may
  700  distribute funds to the a charter school for the up to 3 months
  701  of July through October based on the projected full-time
  702  equivalent student membership of the charter school as submitted
  703  in the approved application. If less than 75 percent of the
  704  projected enrollment is entered into the sponsor’s student
  705  information system by the first day of the current month, the
  706  sponsor shall base payments on the actual number of student
  707  enrollment entered into the sponsor’s student information
  708  system. Thereafter, the results of full-time equivalent student
  709  membership surveys shall be used in adjusting the amount of
  710  funds distributed monthly to the charter school for the
  711  remainder of the fiscal year. The payments payment shall be
  712  issued no later than 10 working days after the district school
  713  board receives a distribution of state or federal funds or the
  714  date the payment is due pursuant to this subsection. If a
  715  warrant for payment is not issued within 10 working days after
  716  receipt of funding by the district school board, the school
  717  district shall pay to the charter school, in addition to the
  718  amount of the scheduled disbursement, interest at a rate of 1
  719  percent per month calculated on a daily basis on the unpaid
  720  balance from the expiration of the 10 working days until such
  721  time as the warrant is issued. The district school board may not
  722  delay payment to a charter school of any portion of the funds
  723  provided in paragraph (b) based on the timing of receipt of
  724  local funds by the district school board.
  725         (18) FACILITIES.—
  726         (a) A startup charter school shall utilize facilities which
  727  comply with the Florida Building Code pursuant to chapter 553
  728  except for the State Requirements for Educational Facilities.
  729  Conversion charter schools shall utilize facilities that comply
  730  with the State Requirements for Educational Facilities provided
  731  that the school district and the charter school have entered
  732  into a mutual management plan for the reasonable maintenance of
  733  such facilities. The mutual management plan shall contain a
  734  provision by which the district school board agrees to maintain
  735  charter school facilities in the same manner as its other public
  736  schools within the district. Charter schools, with the exception
  737  of conversion charter schools, are not required to comply, but
  738  may choose to comply, with the State Requirements for
  739  Educational Facilities of the Florida Building Code adopted
  740  pursuant to s. 1013.37. The local governing authority shall not
  741  adopt or impose any local building requirements or site
  742  development restrictions, such as parking and site-size
  743  criteria, that are addressed by and more stringent than those
  744  found in the State Requirements for Educational Facilities of
  745  the Florida Building Code. Beginning July 1, 2011, A local
  746  governing authority must treat charter schools equitably in
  747  comparison to similar requirements, restrictions, and site
  748  planning processes imposed upon public schools that are not
  749  charter schools. The agency having jurisdiction for inspection
  750  of a facility and issuance of a certificate of occupancy or use
  751  shall be the local municipality or, if in an unincorporated
  752  area, the county governing authority. If an official or employee
  753  of the local governing authority refuses to comply with this
  754  paragraph, the aggrieved school or entity has an immediate right
  755  to bring an action in circuit court to enforce its rights by
  756  injunction. An aggrieved party that receives injunctive relief
  757  may be awarded attorney fees and court costs.
  758         (20) SERVICES.—
  759         (a)1. A sponsor shall provide certain administrative and
  760  educational services to charter schools. These services shall
  761  include contract management services; full-time equivalent and
  762  data reporting services; exceptional student education
  763  administration services; services related to eligibility and
  764  reporting duties required to ensure that school lunch services
  765  under the federal lunch program, consistent with the needs of
  766  the charter school, are provided by the school district at the
  767  request of the charter school, that any funds due to the charter
  768  school under the federal lunch program be paid to the charter
  769  school as soon as the charter school begins serving food under
  770  the federal lunch program, and that the charter school is paid
  771  at the same time and in the same manner under the federal lunch
  772  program as other public schools serviced by the sponsor or the
  773  school district; test administration services, including payment
  774  of the costs of state-required or district-required student
  775  assessments; processing of teacher certificate data services;
  776  and information services, including equal access to student
  777  information systems that are used by public schools in the
  778  district in which the charter school is located. Student
  779  performance data for each student in a charter school,
  780  including, but not limited to, FCAT scores, standardized test
  781  scores, previous public school student report cards, and student
  782  performance measures, shall be provided by the sponsor to a
  783  charter school in the same manner provided to other public
  784  schools in the district.
  785         2. A total administrative fee for the provision of such
  786  services shall be calculated based upon up to 5 percent of the
  787  available funds defined in paragraph (17)(b) for all students,
  788  except that when 75 percent or more of the students enrolled in
  789  the charter school are exceptional students as defined in s.
  790  1003.01(3), the 5 percent of those available funds shall be
  791  calculated based on unweighted full-time equivalent students.
  792  However, a sponsor may only withhold up to a 5-percent
  793  administrative fee for enrollment for up to and including 250
  794  students. For charter schools with a population of 251 or more
  795  students, the difference between the total administrative fee
  796  calculation and the amount of the administrative fee withheld
  797  may only be used for capital outlay purposes specified in s.
  798  1013.62(2).
  799         3. For high-performing charter schools, as defined in s.
  800  1002.331 ch. 2011-232, a sponsor may withhold a total
  801  administrative fee of up to 2 percent for enrollment up to and
  802  including 250 students per school.
  803         4. In addition, a sponsor may withhold only up to a 5
  804  percent administrative fee for enrollment for up to and
  805  including 500 students within a system of charter schools which
  806  meets all of the following:
  807         a. Includes both conversion charter schools and
  808  nonconversion charter schools;
  809         b. Has all schools located in the same county;
  810         c. Has a total enrollment exceeding the total enrollment of
  811  at least one school district in the state;
  812         d. Has the same governing board; and
  813         e. Does not contract with a for-profit service provider for
  814  management of school operations.
  815         5. The difference between the total administrative fee
  816  calculation and the amount of the administrative fee withheld
  817  pursuant to subparagraph 4. may be used for instructional and
  818  administrative purposes as well as for capital outlay purposes
  819  specified in s. 1013.62(2).
  820         6. For a high-performing charter school system that also
  821  meets the requirements in subparagraph 4., a sponsor may
  822  withhold a 2-percent administrative fee for enrollments up to
  823  and including 500 students per system.
  824         7. Sponsors shall not charge charter schools any additional
  825  fees or surcharges for administrative and educational services
  826  in addition to the maximum 5-percent administrative fee withheld
  827  pursuant to this paragraph.
  828         8. The sponsor of a virtual charter school may withhold a
  829  fee of up to 5 percent. The funds shall be used to cover the
  830  cost of services provided under subparagraph 1. and
  831  implementation of the school district’s digital classrooms plan
  832  pursuant to s. 1011.62.
  833         9.For charter schools that operate in a critical need
  834  area, as defined in s. 1002.333, a sponsor may withhold a total
  835  administrative fee of up to 3 percent for enrollment up to and
  836  including 250 students per school.
  837         10.A charter school whose initial application is submitted
  838  under s. 1002.331 and denied by the district school board is
  839  exempt from the administrative fee requirements of this
  840  paragraph.
  841         Section 2. Paragraph (e) of subsection (2), paragraph (b)
  842  of subsection (3), and subsections (4) and (5) of section
  843  1002.331, Florida Statutes, are amended to read:
  844         1002.331 High-performing charter schools.—
  845         (2) A high-performing charter school is authorized to:
  846         (e) Receive a modification of its charter to an additional
  847  a term of 15 years or a 15-year charter renewal. The charter may
  848  be modified or renewed for a shorter term at the option of the
  849  high-performing charter school. The sponsor has 30 days after
  850  the charter school receives its high-performing designation to
  851  provide a charter renewal to the charter school. The charter
  852  school and sponsor have 20 days to negotiate and provide notice
  853  of the charter contract for final approval by the sponsor. The
  854  proposed charter contract must be provided to the charter school
  855  at least 7 days before the date of the meeting at which the
  856  charter is scheduled for final approval by the sponsor. A
  857  dispute may be appealed to an administrative law judge appointed
  858  by the Division of Administrative Hearings pursuant to s.
  859  1002.33(6)(h). The charter must be consistent with s.
  860  1002.33(7)(a)19. and (10)(h) and (i), is subject to annual
  861  review by the sponsor, and may be terminated during its term
  862  pursuant to s. 1002.33(8).
  863  
  864  A high-performing charter school shall notify its sponsor in
  865  writing by March 1 if it intends to increase enrollment or
  866  expand grade levels the following school year. The written
  867  notice shall specify the amount of the enrollment increase and
  868  the grade levels that will be added, as applicable. If a charter
  869  school notifies the sponsor of its intent to expand, the sponsor
  870  shall modify the charter within 90 days to include the new
  871  enrollment maximum and may not make any other changes. The
  872  sponsor may deny a request to increase the enrollment of a high
  873  performing charter school if the commissioner has declassified
  874  the charter school as high-performing. If a high-performing
  875  charter school requests to consolidate multiple charters, the
  876  sponsor has shall have 40 days after receipt of that request to
  877  provide an initial draft charter to the charter school. The
  878  sponsor and charter school has shall have 50 days thereafter to
  879  negotiate and notice the charter contract for final approval by
  880  the sponsor.
  881         (3)
  882         (b) A high-performing charter school may not establish more
  883  than one charter school within the state under paragraph (a) in
  884  any year. A subsequent application to establish a charter school
  885  under paragraph (a) may not be submitted unless each charter
  886  school established in this manner achieves high-performing
  887  charter school status. This paragraph does not apply to charter
  888  schools established by a high-performing charter school in the
  889  attendance zone of a public school that earns a grade of “F” or
  890  three consecutive grades of “D” pursuant to s. 1008.34 or to
  891  meet capacity needs or needs for innovative school choice
  892  options identified by the district school board.
  893         (4)A high-performing charter school may not increase
  894  enrollment or expand grade levels following any school year in
  895  which it receives a school grade of “C” or below. If the charter
  896  school receives a school grade of “C” or below in any 2 years
  897  during the term of the charter awarded under subsection (2), the
  898  term of the charter may be modified by the sponsor and the
  899  charter school loses its high-performing charter school status
  900  until it regains that status under subsection (1).
  901         (4)(5) The Commissioner of Education, upon request by a
  902  charter school, shall verify that the charter school meets the
  903  criteria in subsection (1) and provide a letter to the charter
  904  school and the sponsor stating that the charter school is a
  905  high-performing charter school pursuant to this section. The
  906  commissioner shall annually determine whether a high-performing
  907  charter school under subsection (1) continues to meet the
  908  criteria in that subsection. Such high-performing charter school
  909  shall maintain its high-performing status unless the
  910  commissioner determines that the charter school no longer meets
  911  the criteria in subsection (1), at which time the commissioner
  912  shall send a letter to the charter school and its sponsor
  913  providing notification that the charter school has been
  914  declassified of its declassification as a high-performing
  915  charter school.
  916         Section 3. Section 1002.333, Florida Statutes, is created
  917  to read:
  918         1002.333High Impact Charter Network.—
  919         (1)As used in this section, the term:
  920         (a)“Critical need area” means an area that is served by
  921  one or more nonalternative, traditional public schools that
  922  received a school grade of “D” or “F” pursuant to s. 1008.34 in
  923  4 of the most recent 5 years.
  924         (b)“Entity” means a nonprofit organization with tax exempt
  925  status under s. 501(c)(3) of the Internal Revenue Code that is
  926  authorized by law to operate a public charter school.
  927         (2)An entity that successfully operates a system of
  928  charter schools that primarily serves educationally
  929  disadvantaged students, as defined in the Elementary and
  930  Secondary Education Act, 20 U.S.C. s. 1115(b)(2), may apply to
  931  the state board for status as a High Impact Charter Network. The
  932  state board shall adopt rules prescribing a process for
  933  determining whether the entity meets the requirements of this
  934  subsection by reviewing student demographic, academic, and
  935  financial performance data. The process shall include a review
  936  of all schools currently or previously operated by the entity,
  937  including schoolwide and subgroup performance on all statewide,
  938  standardized assessments for the most recent 3 years as compared
  939  to all students at the same grade level, and as compared with
  940  other schools serving similar demographics of students, and
  941  school-level financial performance. The review may also include
  942  performance on nationally norm-referenced assessments, student
  943  attendance and retention rates, graduation rates, college
  944  attendance rates, college persistence rates, and other outcome
  945  measures as determined by the state board.
  946         (3)An entity that is designated as a High Impact Charter
  947  Network pursuant to this subsection may submit an application
  948  pursuant to s. 1002.33 to establish and operate charter schools
  949  in critical need areas. Notwithstanding s. 1013.62(1)(a), a
  950  charter school operated by a High Impact Charter Network in a
  951  critical need area is eligible to receive charter school capital
  952  outlay.
  953         (4)The administrative fee provided for in s.
  954  1002.33(20)(a) shall be waived for a charter school established
  955  by a High Impact Charter Network in a critical need area as long
  956  as the network maintains its status as a High Impact Charter
  957  Network.
  958         (5)The department shall give priority to charter schools
  959  operated by a High Impact Charter Network in the department’s
  960  Public Charter School Grant Program competitions. Priority shall
  961  only be provided for new charter schools that will operate in a
  962  critical need area.
  963         (6)The initial High Impact Charter Network status is valid
  964  for up to 4 years. If an entity seeks renewal of its status, the
  965  state board shall review the academic and financial performance
  966  of the charter schools established in areas of critical need
  967  pursuant to subsection (2).
  968         (7)For purposes of determining areas of critical need,
  969  school grades issued for the 2014-2015 school year may not be
  970  considered.
  971         (8)The State Board of Education shall adopt rules to
  972  administer this section.
  973         Section 4. Paragraph (a) of subsection (3) and paragraph
  974  (a) of subsection (8) of section 1002.37, Florida Statutes, are
  975  amended to read:
  976         1002.37 The Florida Virtual School.—
  977         (3) Funding for the Florida Virtual School shall be
  978  provided as follows:
  979         (a)1. The calculation of “full-time equivalent student”
  980  shall be as prescribed in s. 1011.61(1)(c)1.b.(V) and is subject
  981  to s. 1011.61(4) For a student in grades 9 through 12, a “full
  982  time equivalent student” is one student who has successfully
  983  completed six full-credit courses that count toward the minimum
  984  number of credits required for high school graduation. A student
  985  who completes fewer than six full-credit courses is a fraction
  986  of a full-time equivalent student. Half-credit course
  987  completions shall be included in determining a full-time
  988  equivalent student.
  989         2.For a student in kindergarten through grade 8, a “full
  990  time equivalent student” is one student who has successfully
  991  completed six courses or the prescribed level of content that
  992  counts toward promotion to the next grade. A student who
  993  completes fewer than six courses or the prescribed level of
  994  content shall be a fraction of a full-time equivalent student.
  995         2.3. For a student in a home education program, funding
  996  shall be provided in accordance with this subsection upon course
  997  completion if the parent verifies, upon enrollment for each
  998  course, that the student is registered with the school district
  999  as a home education student pursuant to s. 1002.41(1)(a).
 1000  Beginning in the 2016-2017 fiscal year, the reported full-time
 1001  equivalent students and associated funding of students enrolled
 1002  in courses requiring passage of an end-of-course assessment
 1003  under s. 1003.4282 to earn a standard high school diploma shall
 1004  be adjusted if the student does not pass the end-of-course
 1005  assessment. However, no adjustment shall be made for home
 1006  education program students who choose not to take an end-of
 1007  course assessment or for a student who enrolls in a segmented
 1008  remedial course delivered online.
 1009  
 1010  For purposes of this paragraph, the calculation of “full-time
 1011  equivalent student” shall be as prescribed in s.
 1012  1011.61(1)(c)1.b.(V) and is subject to the requirements in s.
 1013  1011.61(4).
 1014         (8)(a) The Florida Virtual School may provide full-time and
 1015  part-time instruction for students in kindergarten through grade
 1016  12. To receive part-time instruction in kindergarten through
 1017  grade 5, a student must meet at least one of the eligibility
 1018  criteria in s. 1002.455(2).
 1019         Section 5. Subsection (5), paragraph (e) of subsection (7),
 1020  and paragraphs (c) and (d) of subsection (8) of section 1002.45,
 1021  Florida Statutes, are amended to read:
 1022         1002.45 Virtual instruction programs.—
 1023         (5) STUDENT ELIGIBILITY.—Students in kindergarten through
 1024  grade 12 A student may enroll in a virtual instruction program
 1025  provided by the school district or by a virtual charter school
 1026  operated in the district in which he or she resides if the
 1027  student meets eligibility requirements for virtual instruction
 1028  pursuant to s. 1002.455.
 1029         (7) VIRTUAL INSTRUCTION PROGRAM AND VIRTUAL CHARTER SCHOOL
 1030  FUNDING.—
 1031         (e)Beginning in the 2016-2017 fiscal year, the reported
 1032  full-time equivalent students and associated funding of students
 1033  enrolled in courses requiring passage of an end-of-course
 1034  assessment under s. 1003.4282 to earn a standard high school
 1035  diploma shall be adjusted if the student does not pass the end
 1036  of-course assessment. However, no adjustment shall be made for a
 1037  student who enrolls in a segmented remedial course delivered
 1038  online.
 1039         (8) ASSESSMENT AND ACCOUNTABILITY.—
 1040         (c) An approved provider that receives a school grade of
 1041  “D” or “F” under s. 1008.34 or a school improvement rating of
 1042  “Unsatisfactory” “Declining” under s. 1008.341 must file a
 1043  school improvement plan with the department for consultation to
 1044  determine the causes for low performance and to develop a plan
 1045  for correction and improvement.
 1046         (d) An approved provider’s contract is automatically must
 1047  be terminated if the provider earns two consecutive school
 1048  grades of receives a school grade of “D” or “F” under s. 1008.34
 1049  after all school grade appeals are final, receives two
 1050  consecutive or a school improvement ratings rating of
 1051  “unsatisfactory” “Declining” under s. 1008.341, for 2 years
 1052  during any consecutive 4-year period or has violated any
 1053  qualification requirement pursuant to subsection (2). A provider
 1054  that has a contract terminated under this paragraph may not be
 1055  an approved provider for a period of at least 1 year after the
 1056  date upon which the contract was terminated and until the
 1057  department determines that the provider is in compliance with
 1058  subsection (2) and has corrected each cause of the provider’s
 1059  low performance.
 1060         Section 6. Section 1002.455, Florida Statutes, is repealed.
 1061         Section 7. Subsection (3) of section 1003.4295, Florida
 1062  Statutes, is amended to read:
 1063         1003.4295 Acceleration options.—
 1064         (3) The Credit Acceleration Program (CAP) is created for
 1065  the purpose of allowing a student to earn high school credit in
 1066  courses required for high school graduation through passage of
 1067  an end–of-course assessment Algebra I, Algebra II, geometry,
 1068  United States history, or biology if the student passes the
 1069  statewide, standardized assessment administered under s. 1008.22
 1070  or an Advanced Placement Examination. Notwithstanding s.
 1071  1003.436, a school district shall award course credit to a
 1072  student who is not enrolled in the course, or who has not
 1073  completed the course, if the student attains a passing score on
 1074  the corresponding end-of-course assessment or Advanced Placement
 1075  Examination statewide, standardized assessment. The school
 1076  district shall permit a public school or home education student
 1077  who is not enrolled in the course, or who has not completed the
 1078  course, to take the assessment or examination during the regular
 1079  administration of the assessment or examination.
 1080         Section 8. Subsections (1) and (2) of section 1003.498,
 1081  Florida Statutes, are amended to read:
 1082         1003.498 School district virtual course offerings.—
 1083         (1) School districts may deliver courses in the traditional
 1084  school setting by personnel certified pursuant to s. 1012.55 who
 1085  provide direct instruction through virtual instruction or
 1086  through blended learning courses consisting of both traditional
 1087  classroom and online instructional techniques. Students in a
 1088  blended learning course must be full-time students of the school
 1089  pursuant to s. 1011.61(1)(a)1. and receive the online
 1090  instruction in a classroom setting at the school. The funding,
 1091  performance, and accountability requirements for blended
 1092  learning courses are the same as those for traditional courses.
 1093  To facilitate the delivery and coding of blended learning
 1094  courses, the department shall provide identifiers for existing
 1095  courses to designate that they are being used for blended
 1096  learning courses for the purpose of ensuring the efficient
 1097  reporting of such courses. A district may report full-time
 1098  equivalent student membership for credit earned by a student who
 1099  is enrolled in a virtual education course provided by the
 1100  district which is completed after the end of the regular school
 1101  year if the FTE is reported no later than the deadline for
 1102  amending the final student membership report for that year.
 1103         (2) School districts may offer virtual courses for students
 1104  enrolled in the school district. These courses must be
 1105  identified in the course code directory. Students who meet the
 1106  eligibility requirements of s. 1002.455 may participate in these
 1107  virtual course offerings.
 1108         (a) Any eligible student who is enrolled in a school
 1109  district may register and enroll in an online course offered by
 1110  his or her school district.
 1111         (b)1. Any eligible student who is enrolled in a school
 1112  district may register and enroll in an online course offered by
 1113  any other school district in the state. The school district in
 1114  which the student completes the course shall report the
 1115  student’s completion of that course for funding pursuant to s.
 1116  1011.61(1)(c)1.b.(VI), and the home school district shall not
 1117  report the student for funding for that course.
 1118         2. The full-time equivalent student membership calculated
 1119  under this subsection is subject to the requirements in s.
 1120  1011.61(4). The Department of Education shall establish
 1121  procedures to enable interdistrict coordination for the delivery
 1122  and funding of this online option.
 1123         Section 9. Subsection (1) of section 1011.61, Florida
 1124  Statutes, is amended to read:
 1125         1011.61 Definitions.—Notwithstanding the provisions of s.
 1126  1000.21, the following terms are defined as follows for the
 1127  purposes of the Florida Education Finance Program:
 1128         (1) A “full-time equivalent student” in each program of the
 1129  district is defined in terms of full-time students and part-time
 1130  students as follows:
 1131         (a) A “full-time student” is one student on the membership
 1132  roll of one school program or a combination of school programs
 1133  listed in s. 1011.62(1)(c) for the school year or the equivalent
 1134  for:
 1135         1. Instruction in a standard school, comprising not less
 1136  than 900 net hours for a student in or at the grade level of 4
 1137  through 12, or not less than 720 net hours for a student in or
 1138  at the grade level of kindergarten through grade 3 or in an
 1139  authorized prekindergarten exceptional program; or
 1140         2.Instruction in a double-session school or a school
 1141  utilizing an experimental school calendar approved by the
 1142  Department of Education, comprising not less than the equivalent
 1143  of 810 net hours in grades 4 through 12 or not less than 630 net
 1144  hours in kindergarten through grade 3; or
 1145         2.3. Instruction comprising the appropriate number of net
 1146  hours set forth in subparagraph 1. or subparagraph 2. for
 1147  students who, within the past year, have moved with their
 1148  parents for the purpose of engaging in the farm labor or fish
 1149  industries, if a plan furnishing such an extended school day or
 1150  week, or a combination thereof, has been approved by the
 1151  commissioner. Such plan may be approved to accommodate the needs
 1152  of migrant students only or may serve all students in schools
 1153  having a high percentage of migrant students. The plan described
 1154  in this subparagraph is optional for any school district and is
 1155  not mandated by the state.
 1156         (b) A “part-time student” is a student on the active
 1157  membership roll of a school program or combination of school
 1158  programs listed in s. 1011.62(1)(c) who is less than a full-time
 1159  student. A student who receives instruction in a school that
 1160  operates for less than the minimum term shall generate full-time
 1161  equivalent student membership proportional to the amount of
 1162  instructional hours provided by the school divided by the
 1163  minimum term requirement as provided in s. 1011.60(2).
 1164         (c)1. A “full-time equivalent student” is:
 1165         a. A full-time student in any one of the programs listed in
 1166  s. 1011.62(1)(c); or
 1167         b. A combination of full-time or part-time students in any
 1168  one of the programs listed in s. 1011.62(1)(c) which is the
 1169  equivalent of one full-time student based on the following
 1170  calculations:
 1171         (I) A full-time student in a combination of programs listed
 1172  in s. 1011.62(1)(c) shall be a fraction of a full-time
 1173  equivalent membership in each special program equal to the
 1174  number of net hours per school year for which he or she is a
 1175  member, divided by the appropriate number of hours set forth in
 1176  subparagraph (a)1. or subparagraph (a)2. The difference between
 1177  that fraction or sum of fractions and the maximum value as set
 1178  forth in subsection (4) for each full-time student is presumed
 1179  to be the balance of the student’s time not spent in a special
 1180  program and shall be recorded as time in the appropriate basic
 1181  program.
 1182         (II) A prekindergarten student with a disability shall meet
 1183  the requirements specified for kindergarten students.
 1184         (III) A full-time equivalent student for students in
 1185  kindergarten through grade 12 in a full-time virtual instruction
 1186  program under s. 1002.45 or a virtual charter school under s.
 1187  1002.33 shall consist of six full-credit completions or the
 1188  prescribed level of content that counts toward promotion to the
 1189  next grade in programs listed in s. 1011.62(1)(c). Credit
 1190  completions may be a combination of full-credit courses or half
 1191  credit courses. Beginning in the 2016-2017 fiscal year, the
 1192  reported full-time equivalent students and associated funding of
 1193  students enrolled in courses requiring passage of an end-of
 1194  course assessment under s. 1003.4282 to earn a standard high
 1195  school diploma shall be adjusted if the student does not pass
 1196  the end-of-course assessment. However, no adjustment shall be
 1197  made for a student who enrolls in a segmented remedial course
 1198  delivered online.
 1199         (IV) A full-time equivalent student for students in
 1200  kindergarten through grade 12 in a part-time virtual instruction
 1201  program under s. 1002.45 shall consist of six full-credit
 1202  completions in programs listed in s. 1011.62(1)(c)1. and 3.
 1203  Credit completions may be a combination of full-credit courses
 1204  or half-credit courses. Beginning in the 2016-2017 fiscal year,
 1205  the reported full-time equivalent students and associated
 1206  funding of students enrolled in courses requiring passage of an
 1207  end-of-course assessment under s. 1003.4282 to earn a standard
 1208  high school diploma shall be adjusted if the student does not
 1209  pass the end-of-course assessment. However, no adjustment shall
 1210  be made for a student who enrolls in a segmented remedial course
 1211  delivered online.
 1212         (V) A Florida Virtual School full-time equivalent student
 1213  shall consist of six full-credit completions or the prescribed
 1214  level of content that counts toward promotion to the next grade
 1215  in the programs listed in s. 1011.62(1)(c)1. and 3. for students
 1216  participating in kindergarten through grade 12 part-time virtual
 1217  instruction and the programs listed in s. 1011.62(1)(c) for
 1218  students participating in kindergarten through grade 12 full
 1219  time virtual instruction. Credit completions may be a
 1220  combination of full-credit courses or half-credit courses.
 1221  Beginning in the 2016-2017 fiscal year, the reported full-time
 1222  equivalent students and associated funding of students enrolled
 1223  in courses requiring passage of an end-of-course assessment
 1224  under s. 1003.4282 to earn a standard high school diploma shall
 1225  be adjusted if the student does not pass the end-of-course
 1226  assessment. However, no adjustment shall be made for a student
 1227  who enrolls in a segmented remedial course delivered online.
 1228         (VI) Each successfully completed full-credit course earned
 1229  through an online course delivered by a district other than the
 1230  one in which the student resides shall be calculated as 1/6 FTE.
 1231         (VII) A full-time equivalent student for courses requiring
 1232  passage of a statewide, standardized end-of-course assessment
 1233  under s. 1003.4282 to earn a standard high school diploma shall
 1234  be defined and reported based on the number of instructional
 1235  hours as provided in this subsection until the 2016-2017 fiscal
 1236  year. Beginning in the 2016-2017 fiscal year, the FTE for the
 1237  course shall be assessment-based and shall be equal to 1/6 FTE.
 1238  The reported FTE shall be adjusted if the student does not pass
 1239  the end-of-course assessment. However, no adjustment shall be
 1240  made for a student who enrolls in a segmented remedial course
 1241  delivered online.
 1242         (VIII) For students enrolled in a school district as a
 1243  full-time student, the district may report 1/6 FTE for each
 1244  student who passes a statewide, standardized end-of-course
 1245  assessment without being enrolled in the corresponding course.
 1246         2. A student in membership in a program scheduled for more
 1247  or less than 180 school days or the equivalent on an hourly
 1248  basis as specified by rules of the State Board of Education is a
 1249  fraction of a full-time equivalent membership equal to the
 1250  number of instructional hours in membership divided by the
 1251  appropriate number of hours set forth in subparagraph (a)1.;
 1252  however, for the purposes of this subparagraph, membership in
 1253  programs scheduled for more than 180 days is limited to students
 1254  enrolled in:
 1255         a. Juvenile justice education programs.
 1256         b. The Florida Virtual School.
 1257         c. Virtual instruction programs and virtual charter schools
 1258  for the purpose of course completion and credit recovery
 1259  pursuant to ss. 1002.45 and 1003.498. Course completion applies
 1260  only to a student who is reported during the second or third
 1261  membership surveys and who does not complete a virtual education
 1262  course by the end of the regular school year. The course must be
 1263  completed no later than the deadline for amending the final
 1264  student enrollment survey for that year. Credit recovery applies
 1265  only to a student who has unsuccessfully completed a traditional
 1266  or virtual education course during the regular school year and
 1267  must re-take the course in order to be eligible to graduate with
 1268  the student’s class.
 1269  
 1270  The full-time equivalent student enrollment calculated under
 1271  this subsection is subject to the requirements in subsection
 1272  (4).
 1273  
 1274  The department shall determine and implement an equitable method
 1275  of equivalent funding for experimental schools and for schools
 1276  operating under emergency conditions, which schools have been
 1277  approved by the department to operate for less than the minimum
 1278  term as provided in s. 1011.60(2) school day.
 1279         Section 10. Subsection (11) of section 1011.62, Florida
 1280  Statutes, is amended to read:
 1281         1011.62 Funds for operation of schools.—If the annual
 1282  allocation from the Florida Education Finance Program to each
 1283  district for operation of schools is not determined in the
 1284  annual appropriations act or the substantive bill implementing
 1285  the annual appropriations act, it shall be determined as
 1286  follows:
 1287         (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may
 1288  annually provide in the Florida Education Finance Program a
 1289  virtual education contribution. The amount of the virtual
 1290  education contribution shall be the difference between the
 1291  amount per FTE established in the General Appropriations Act for
 1292  virtual education and the amount per FTE for each district and
 1293  the Florida Virtual School, which may be calculated by taking
 1294  the sum of the base FEFP allocation, the discretionary local
 1295  effort, the state-funded discretionary contribution, the
 1296  discretionary millage compression supplement, the research-based
 1297  reading instruction allocation, and the instructional materials
 1298  allocation, and then dividing by the total unweighted FTE. This
 1299  difference shall be multiplied by the virtual education
 1300  unweighted FTE for programs and options identified in ss.
 1301  1002.33(1), 1002.45(1)(b), and 1003.498 s. 1002.455(3) and the
 1302  Florida Virtual School and its franchises to equal the virtual
 1303  education contribution and shall be included as a separate
 1304  allocation in the funding formula.
 1305         Section 11. Paragraph (b) of subsection (8) of section
 1306  1012.56, Florida Statutes, is amended to read:
 1307         1012.56 Educator certification requirements.—
 1308         (8) PROFESSIONAL DEVELOPMENT CERTIFICATION AND EDUCATION
 1309  COMPETENCY PROGRAM.—
 1310         (b)1. Each school district must and a private school or
 1311  state-supported state supported public school, including a
 1312  charter school, or a private school may develop and maintain a
 1313  system by which members of the instructional staff may
 1314  demonstrate mastery of professional preparation and education
 1315  competence as required by law. Each program must be based on
 1316  classroom application of the Florida Educator Accomplished
 1317  Practices and instructional performance and, for public schools,
 1318  must be aligned with the district’s or state-supported public
 1319  school’s evaluation system established approved under s.
 1320  1012.34, as applicable.
 1321         2. The Commissioner of Education shall determine the
 1322  continued approval of programs implemented under this paragraph,
 1323  based upon the department’s review of performance data. The
 1324  department shall review the performance data as a part of the
 1325  periodic review of each school district’s professional
 1326  development system required under s. 1012.98.
 1327         Section 12. Paragraph (a) of subsection (1) of section
 1328  1013.62, Florida Statutes, is amended to read:
 1329         1013.62 Charter schools capital outlay funding.—
 1330         (1) In each year in which funds are appropriated for
 1331  charter school capital outlay purposes, the Commissioner of
 1332  Education shall allocate the funds among eligible charter
 1333  schools.
 1334         (a) To be eligible for a funding allocation, a charter
 1335  school must:
 1336         1.a. Have been in operation for 3 or more years;
 1337         b. Be governed by a governing board established in the
 1338  state for 3 or more years which operates both charter schools
 1339  and conversion charter schools within the state;
 1340         c. Be an expanded feeder chain of a charter school within
 1341  the same school district that is currently receiving charter
 1342  school capital outlay funds;
 1343         d. Have been accredited by the Commission on Schools of the
 1344  Southern Association of Colleges and Schools; or
 1345         e. Serve students in facilities that are provided by a
 1346  business partner for a charter school-in-the-workplace pursuant
 1347  to s. 1002.33(15)(b).
 1348         2. Have an annual audit that does not reveal any of the
 1349  financial emergency conditions provided in s. 218.503(1) for the
 1350  most recent fiscal year for which such audit results are
 1351  available stability for future operation as a charter school.
 1352         3. Have satisfactory student achievement based on state
 1353  accountability standards applicable to the charter school.
 1354         4. Have received final approval from its sponsor pursuant
 1355  to s. 1002.33 for operation during that fiscal year.
 1356         5. Serve students in facilities that are not provided by
 1357  the charter school’s sponsor.
 1358         Section 13. This act shall take effect July 1, 2016.
 1359  
 1360  ================= T I T L E  A M E N D M E N T ================
 1361  And the title is amended as follows:
 1362         Delete everything before the enacting clause
 1363  and insert:
 1364                        A bill to be entitled                      
 1365         An act relating to school choice; amending s. 1002.33,
 1366         F.S.; making technical changes relating to
 1367         requirements for the creation of a virtual charter
 1368         school; conforming cross-references; specifying that a
 1369         sponsor may not require a charter school to adopt the
 1370         sponsor’s reading plan and that charter schools are
 1371         eligible for the research-based reading allocation if
 1372         certain criteria are met; revising required contents
 1373         of charter school applications; conforming provisions
 1374         regarding the appeal process for denial of a high
 1375         performing charter school application; requiring an
 1376         applicant to provide the sponsor with a copy of an
 1377         appeal to an application denial; authorizing a charter
 1378         school to defer the opening of its operations for up
 1379         to a specified time; requiring the charter school to
 1380         provide written notice to certain entities by a
 1381         specified date; revising provisions relating to long
 1382         term charters and charter terminations; specifying
 1383         notice requirements for voluntary closure of a charter
 1384         school; deleting a requirement that students in a
 1385         blended learning course receive certain instruction in
 1386         a classroom setting; providing that a student may not
 1387         be dismissed from a charter school based on his or her
 1388         academic performance; requiring a charter school
 1389         applicant to provide monthly financial statements
 1390         before opening; requiring a sponsor to review each
 1391         financial statement of a charter school to identify
 1392         the existence of certain conditions; providing for the
 1393         automatic termination of a charter contract if certain
 1394         conditions are met; requiring a sponsor to notify
 1395         certain parties when a charter contract is terminated
 1396         for specific reasons; authorizing governing board
 1397         members to hold a certain number of public meetings
 1398         and participate in such meetings in person or through
 1399         communications media technology; revising charter
 1400         school student eligibility requirements; revising
 1401         requirements for payments to charter schools; allowing
 1402         for the use of certain surpluses and assets by
 1403         specific entities for certain educational purposes;
 1404         providing for an injunction under certain
 1405         circumstances; establishing the administrative fee
 1406         that a sponsor may withhold for charter schools
 1407         operating in a critical need area; providing an
 1408         exemption from certain administrative fees; amending
 1409         s. 1002.331, F.S.; providing an exemption from the
 1410         replication limitations for a high-performing charter
 1411         school; conforming a cross-reference; deleting
 1412         obsolete provisions; providing deadlines for a high
 1413         performing charter contract renewal; providing for an
 1414         appeal to an administrative law judge under certain
 1415         circumstances; creating s. 1002.333, F.S.; providing
 1416         definitions; establishing a High Impact Charter
 1417         Network status for charter school operators serving
 1418         educationally disadvantaged students; defining
 1419         eligibility criteria; authorizing charter operators
 1420         holding the High Impact Charter Network status to
 1421         submit applications for charter schools in certain
 1422         areas; exempting certain charter schools from
 1423         specified fees; requiring the department to give
 1424         priority to certain charter schools applying for
 1425         specified grants; prohibiting the use of certain
 1426         school grades when determining areas of critical need;
 1427         providing for rulemaking; amending s. 1002.37, F.S.;
 1428         revising the calculation of “full-time equivalent
 1429         student”; conforming a cross-reference; amending s.
 1430         1002.45, F.S.; conforming a cross-reference; deleting
 1431         a provision related to educational funding for
 1432         students enrolled in certain virtual education
 1433         courses; revising conditions for termination of a
 1434         virtual instruction provider’s contract; repealing s.
 1435         1002.455, F.S., relating to student eligibility for K
 1436         12 virtual instruction; amending s. 1003.4295, F.S.;
 1437         revising the purpose of the Credit Acceleration
 1438         Program; requiring students to earn passing scores on
 1439         specified assessments and examinations to earn course
 1440         credit; amending s. 1003.498, F.S.; deleting a
 1441         requirement that students in a blended learning course
 1442         must receive certain instruction in a classroom
 1443         setting; conforming a cross-reference; amending s.
 1444         1011.61, F.S.; revising the definition of “full-time
 1445         equivalent student”; amending s. 1011.62, F.S.;
 1446         conforming a cross-reference; amending s. 1012.56,
 1447         F.S.; authorizing a charter school to develop and
 1448         operate a professional development certification and
 1449         education competency program; amending s. 1013.62,
 1450         F.S.; revising eligibility requirements for charter
 1451         school capital outlay funding; revising charter school
 1452         funding allocations; providing an effective date.