Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 796
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/17/2017           .                                

       The Committee on Education (Bean) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (18) and (21) of section 1001.42,
    6  Florida Statutes, are amended to read:
    7         1001.42 Powers and duties of district school board.—The
    8  district school board, acting as a board, shall exercise all
    9  powers and perform all duties listed below:
   11  Maintain a system of school improvement and education
   12  accountability as provided by statute and State Board of
   13  Education rule. This system of school improvement and education
   14  accountability shall be consistent with, and implemented
   15  through, the district’s continuing system of planning and
   16  budgeting required by this section and ss. 1008.385, 1010.01,
   17  and 1011.01. This system of school improvement and education
   18  accountability shall comply with the provisions of ss. 1008.33,
   19  1008.34, 1008.345, and 1008.385 and include the following:
   20         (a) School improvement plans.—
   21         1. The district school board shall annually approve and
   22  require implementation of a new, amended, or continuation school
   23  improvement plan for each school in the district which has a
   24  school grade of “D” or “F”;. If a school has a significant gap
   25  in achievement on statewide, standardized assessments
   26  administered pursuant to s. 1008.22 by one or more student
   27  subgroups, as defined in the federal Elementary and Secondary
   28  Education Act (ESEA), 20 U.S.C. s. 6311(b)(2)(C)(v)(II); has not
   29  significantly increased the percentage of students passing
   30  statewide, standardized assessments; has not significantly
   31  increased the percentage of students demonstrating Learning
   32  Gains, as defined in s. 1008.34 and as calculated under s.
   33  1008.34(3)(b), who passed statewide, standardized assessments;
   34  or has significantly lower graduation rates for a subgroup when
   35  compared to the state’s graduation rate. The, that school’s
   36  improvement plan of a school that meets the requirements of this
   37  paragraph shall include strategies for improving these results.
   38  The state board shall adopt rules establishing thresholds and
   39  for determining compliance with this subparagraph.
   40         2.A school that includes any of grades 6, 7, or 8 shall
   41  include annually in its school improvement plan information and
   42  data on the school’s early warning system required under
   43  paragraph (b), including a list of the early warning indicators
   44  used in the system, the number of students identified by the
   45  system as exhibiting two or more early warning indicators, the
   46  number of students by grade level that exhibit each early
   47  warning indicator, and a description of all intervention
   48  strategies employed by the school to improve the academic
   49  performance of students identified by the early warning system.
   50  In addition, a school that includes any of grades 6, 7, or 8
   51  shall describe in its school improvement plan the strategies
   52  used by the school to implement the instructional practices for
   53  middle grades emphasized by the district’s professional
   54  development system pursuant to s. 1012.98(4)(b)9.
   55         (b) Early warning system.—
   56         1. A school that serves any students in kindergarten
   57  through grade includes any of grades 6, 7, or 8 shall implement
   58  an early warning system to identify students in such grades 6,
   59  7, and 8 who need additional support to improve academic
   60  performance and stay engaged in school. The early warning system
   61  must include the following early warning indicators:
   62         a. Attendance below 90 percent, regardless of whether
   63  absence is excused or a result of out-of-school suspension.
   64         b. One or more suspensions, whether in school or out of
   65  school.
   66         c. Course failure in English Language Arts or mathematics
   67  during any grading period.
   68         d. A Level 1 score on the statewide, standardized
   69  assessments in English Language Arts or mathematics or, for
   70  students in kindergarten through grade 3, a substantial reading
   71  deficiency under s. 1008.25(5)(a).
   73  A school district may identify additional early warning
   74  indicators for use in a school’s early warning system. The
   75  system must include data on the number of students identified by
   76  the system as exhibiting two or more early warning indicators,
   77  the number of students by grade level who exhibit each early
   78  warning indicator, and a description of all intervention
   79  strategies employed by the school to improve the academic
   80  performance of students identified by the early warning system.
   81         2. A school-based team responsible for implementing the
   82  requirements of this paragraph shall monitor the data from the
   83  early warning system. The team may include a school
   84  psychologist. When a student exhibits two or more early warning
   85  indicators, the team, in consultation with the student’s parent,
   86  shall school’s child study team under s. 1003.02 or a school
   87  based team formed for the purpose of implementing the
   88  requirements of this paragraph shall convene to determine
   89  appropriate intervention strategies for the student unless the
   90  student is already being served by an intervention program at
   91  the direction of a school-based, multidisciplinary team. Data
   92  and information relating to a student’s early warning indicators
   93  must be used to inform any intervention strategies provided to
   94  the student The school shall provide at least 10 days’ written
   95  notice of the meeting to the student’s parent, indicating the
   96  meeting’s purpose, time, and location, and provide the parent
   97  the opportunity to participate.
   99  declare an emergency in cases in which one or more schools in
  100  the district are failing or are in danger of failing and
  101  Negotiate special provisions of its contract with the
  102  appropriate bargaining units to free these schools with a school
  103  grade of “D” or “F” from contract restrictions that limit the
  104  school’s ability to implement programs and strategies needed to
  105  improve student performance. The negotiations shall result in a
  106  memorandum of understanding that addresses the selection,
  107  placement, and expectations of instructional personnel and
  108  school administrators. For purposes of this subsection, an
  109  educational emergency exists in a school district if one or more
  110  schools in the district have a school grade of “D” or “F.”
  111         Section 2. Subsections (3), (4), and (5) of section
  112  1008.33, Florida Statutes, are amended to read:
  113         1008.33 Authority to enforce public school improvement.—
  114         (3)(a) The academic performance of all students has a
  115  significant effect on the state school system. Pursuant to Art.
  116  IX of the State Constitution, which prescribes the duty of the
  117  State Board of Education to supervise Florida’s public school
  118  system, the state board shall equitably enforce the
  119  accountability requirements of the state school system and may
  120  impose state requirements on school districts in order to
  121  improve the academic performance of all districts, schools, and
  122  students based upon the provisions of the Florida K-20 Education
  123  Code, chapters 1000-1013; the federal ESEA and its implementing
  124  regulations; and the ESEA flexibility waiver approved for
  125  Florida by the United States Secretary of Education.
  126         (b) Beginning with the 2011-2012 school year, The
  127  Department of Education shall annually identify each public
  128  school in need of intervention and support to improve student
  129  academic performance. All schools earning a grade of “D” or “F”
  130  pursuant to s. 1008.34 are schools in need of intervention and
  131  support.
  132         (c) The state board shall adopt by rule a differentiated
  133  matrix of intervention and support strategies for assisting
  134  traditional public schools identified under this section and
  135  rules for implementing s. 1002.33(9)(n), relating to charter
  136  schools. The intervention and support strategies must address
  137  student performance and may include improvement planning,
  138  leadership quality improvement, educator quality improvement,
  139  professional development, curriculum alignment and pacing, and
  140  the use of continuous improvement and monitoring plans and
  141  processes. In addition, the state board may prescribe reporting
  142  requirements to review and monitor the progress of the schools.
  143  The rule must define the intervention and support strategies for
  144  school improvement for schools earning a grade of “D” or “F” and
  145  the roles for the district and department. The rule shall
  146  differentiate among schools earning consecutive grades of “D” or
  147  “F,” or a combination thereof, and provide for more intense
  148  monitoring, intervention, and support strategies for these
  149  schools.
  150         (4)(a) The state board shall apply intensive the most
  151  intense intervention and support strategies to schools earning a
  152  grade of “D” or “F.” In the first full school year after a
  153  school initially earns a grade of “D” or “F,” the school
  154  district must immediately implement intervention and support
  155  strategies prescribed in rule under paragraph (3)(c) and, by
  156  September 1, provide, select a turnaround option from those
  157  provided in subparagraphs (b)1.-5., and submit a plan for
  158  implementing the turnaround option to the department with the
  159  memorandum of understanding negotiated pursuant to s.
  160  1001.42(21) and a district-managed turnaround plan for approval
  161  by the state board. Upon approval by the state board, the school
  162  district must implement the plan for the remainder of the school
  163  year and continue the plan for 1 full school year. The state
  164  board may allow a school an additional year of implementation
  165  before the school must implement a turnaround option required
  166  under paragraph (b) if it determines that the school is likely
  167  to improve to a grade of “C” or higher after the first full
  168  school year of implementation. for approval by the state board.
  169  Upon approval by the state board, the turnaround option must be
  170  implemented in the following school year.
  171         (b) Unless an additional year of implementation is provided
  172  pursuant to paragraph (a), The turnaround options available to a
  173  school district to address a school that earns three consecutive
  174  grades below a “C” must implement one of the following a grade
  175  of “F” are:
  176         1.Convert the school to a district-managed turnaround
  177  school;
  178         1.2. Reassign students to another school and monitor the
  179  progress of each reassigned student;
  180         2.Contract with an outside entity that has a demonstrated
  181  record of effectiveness to operate the school; or
  182         3. Close the school and reopen the school as one or more
  183  charter schools, each with a governing board that has a
  184  demonstrated record of effectiveness.;
  185         4.Contract with an outside entity that has a demonstrated
  186  record of effectiveness to operate the school; or
  187         5.Implement a hybrid of turnaround options set forth in
  188  subparagraphs 1.-4. or other turnaround models that have a
  189  demonstrated record of effectiveness.
  190         (c) A school earning a grade of “F” shall have a planning
  191  year followed by 2 full school years to implement the initial
  192  turnaround option selected by the school district and approved
  193  by the state board. Implementation of the turnaround option is
  194  no longer required if the school improves to a grade of “C” or
  195  higher by at least one letter grade.
  196         (d)A school earning a grade of “F” that improves its
  197  letter grade must continue to implement strategies identified in
  198  its school improvement plan pursuant to s. 1001.42(18)(a). The
  199  department must annually review implementation of the school
  200  improvement plan for 3 years to monitor the school’s continued
  201  improvement.
  202         (d)(e) If a school earning a grade of “D” or “F” does not
  203  improve to a grade of “C” or higher by at least one letter grade
  204  after 2 full school years of implementing the turnaround option
  205  selected by the school district under paragraph (b), the school
  206  district must implement select a different option and submit
  207  another turnaround option implementation plan to the department
  208  for approval by the state board. Implementation of the
  209  turnaround option approved plan must begin the school year
  210  following the implementation period of the existing turnaround
  211  option, unless the state board determines that the school is
  212  likely to improve to a “C” or higher a letter grade if
  213  additional time is provided to implement the existing turnaround
  214  option.
  215         (5)A school that earns a grade of “D” for 3 consecutive
  216  years must implement the district-managed turnaround option
  217  pursuant to subparagraph (4)(b)1. The school district must
  218  submit an implementation plan to the department for approval by
  219  the state board.
  220         Section 3. Paragraph (d) of subsection (6) of section
  221  1008.345, Florida Statutes, is amended to read:
  222         1008.345 Implementation of state system of school
  223  improvement and education accountability.—
  224         (6)
  225         (d) The commissioner shall assign a community assessment
  226  team to each school district or governing board with a school
  227  that earned a grade of “D” or “F” or three consecutive grades of
  228  “D” pursuant to s. 1008.34 to review the school performance data
  229  and determine causes for the low performance, including the role
  230  of school, area, and district administrative personnel. The
  231  community assessment team shall review a high school’s
  232  graduation rate calculated without high school equivalency
  233  diploma recipients for the past 3 years, disaggregated by
  234  student ethnicity. The team shall make recommendations to the
  235  school board or the governing board and to the State Board of
  236  Education based on the interventions and support strategies
  237  identified pursuant to subsection (5) to which address the
  238  causes of the school’s low performance and to incorporate the
  239  strategies and may be incorporated into the school improvement
  240  plan. The assessment team shall include, but not be limited to,
  241  a department representative, parents, business representatives,
  242  educators, representatives of local governments, and community
  243  activists, and shall represent the demographics of the community
  244  from which they are appointed.
  245         Section 4. Paragraph (n) of subsection (9) of section
  246  1002.33, Florida Statutes, is amended to read:
  247         1002.33 Charter schools.—
  249         (n)1. The director and a representative of the governing
  250  board of a charter school that has earned a grade of “D” or “F”
  251  pursuant to s. 1008.34 shall appear before the sponsor to
  252  present information concerning each contract component having
  253  noted deficiencies. The director and a representative of the
  254  governing board shall submit to the sponsor for approval a
  255  school improvement plan to raise student performance. Upon
  256  approval by the sponsor, the charter school shall begin
  257  implementation of the school improvement plan. The department
  258  shall offer technical assistance and training to the charter
  259  school and its governing board and establish guidelines for
  260  developing, submitting, and approving such plans.
  261         2.a. If a charter school earns three consecutive grades
  262  below a “C,” of “D,” two consecutive grades of “D” followed by a
  263  grade of “F,” or two nonconsecutive grades of “F” within a 3
  264  year period, the charter school governing board shall choose one
  265  of the following corrective actions:
  266         (I) Contract for educational services to be provided
  267  directly to students, instructional personnel, and school
  268  administrators, as prescribed in state board rule;
  269         (II) Contract with an outside entity that has a
  270  demonstrated record of effectiveness to operate the school;
  271         (III) Reorganize the school under a new director or
  272  principal who is authorized to hire new staff; or
  273         (IV) Voluntarily close the charter school.
  274         b. The charter school must implement the corrective action
  275  in the school year following receipt of a third consecutive
  276  grade below a “C” of “D,” a grade of “F” following two
  277  consecutive grades of “D,” or a second nonconsecutive grade of
  278  “F” within a 3-year period.
  279         c. The sponsor may annually waive a corrective action if it
  280  determines that the charter school is likely to improve a letter
  281  grade if additional time is provided to implement the
  282  intervention and support strategies prescribed by the school
  283  improvement plan. Notwithstanding this sub-subparagraph, a
  284  charter school that earns a second consecutive grade of “F” is
  285  subject to subparagraph 3. 4.
  286         d. A charter school is no longer required to implement a
  287  corrective action if it improves to a “C” or higher by at least
  288  one letter grade. However, the charter school must continue to
  289  implement strategies identified in the school improvement plan.
  290  The sponsor must annually review implementation of the school
  291  improvement plan to monitor the school’s continued improvement
  292  pursuant to subparagraph 4. 5.
  293         e. A charter school implementing a corrective action that
  294  does not improve to a “C” or higher by at least one letter grade
  295  after 2 full school years of implementing the corrective action
  296  must select a different corrective action. Implementation of the
  297  new corrective action must begin in the school year following
  298  the implementation period of the existing corrective action,
  299  unless the sponsor determines that the charter school is likely
  300  to improve to a “C” or higher a letter grade if additional time
  301  is provided to implement the existing corrective action.
  302  Notwithstanding this sub-subparagraph, a charter school that
  303  earns a second consecutive grade of “F” while implementing a
  304  corrective action is subject to subparagraph 3. 4.
  305         3.A charter school with a grade of “D” or “F” that
  306  improves by at least one letter grade must continue to implement
  307  the strategies identified in the school improvement plan. The
  308  sponsor must annually review implementation of the school
  309  improvement plan to monitor the school’s continued improvement
  310  pursuant to subparagraph 5.
  311         3.4. A charter school’s charter contract is automatically
  312  terminated if the school earns two consecutive grades of “F”
  313  after all school grade appeals are final unless:
  314         a. The charter school is established to turn around the
  315  performance of a district public school pursuant to s.
  316  1008.33(4)(b)3. Such charter schools shall be governed by s.
  317  1008.33;
  318         b. The charter school serves a student population the
  319  majority of which resides in a school zone served by a district
  320  public school subject to s. 1008.33(4) that earned a grade of
  321  “F” in the year before the charter school opened and the charter
  322  school earns at least a grade of “D” in its third year of
  323  operation. The exception provided under this sub-subparagraph
  324  does not apply to a charter school in its fourth year of
  325  operation and thereafter; or
  326         c. The state board grants the charter school a waiver of
  327  termination. The charter school must request the waiver within
  328  15 days after the department’s official release of school
  329  grades. The state board may waive termination if the charter
  330  school demonstrates that the Learning Gains of its students on
  331  statewide assessments are comparable to or better than the
  332  Learning Gains of similarly situated students enrolled in nearby
  333  district public schools. The waiver is valid for 1 year and may
  334  only be granted once. Charter schools that have been in
  335  operation for more than 5 years are not eligible for a waiver
  336  under this sub-subparagraph.
  338  The sponsor shall notify the charter school’s governing board,
  339  the charter school principal, and the department in writing when
  340  a charter contract is terminated under this subparagraph. The
  341  letter of termination must meet the requirements of paragraph
  342  (8)(c). A charter terminated under this subparagraph must follow
  343  the procedures for dissolution and reversion of public funds
  344  pursuant to paragraphs (8)(e)-(g) and (9)(o).
  345         4.5. The director and a representative of the governing
  346  board of a graded charter school that has implemented a school
  347  improvement plan under this paragraph shall appear before the
  348  sponsor at least once a year to present information regarding
  349  the progress of intervention and support strategies implemented
  350  by the school pursuant to the school improvement plan and
  351  corrective actions, if applicable. The sponsor shall communicate
  352  at the meeting, and in writing to the director, the services
  353  provided to the school to help the school address its
  354  deficiencies.
  355         5.6. Notwithstanding any provision of this paragraph except
  356  sub-subparagraphs 3.a.-c. 4.a.-c., the sponsor may terminate the
  357  charter at any time pursuant to subsection (8).
  358         Section 5. Effective upon this act becoming a law, section
  359  1002.333, Florida Statutes, is created to read:
  360         1002.333Persistently low-performing schools.—
  361         (1)DEFINITIONS.—As used in this section, the term:
  362         (a)“Hope operator” means an entity identified by the
  363  department pursuant to subsection (2).
  364         (b)“Persistently low-performing school” means a school
  365  that has been subject to a differentiated matrix of intervention
  366  and support strategies for more than 3 years and a school that
  367  was closed pursuant to s. 1008.33(4) within 2 years after the
  368  submission of a notice of intent.
  369         (c)“School of hope” means a charter school operated by a
  370  hope operator which serves students from one or more
  371  persistently low-performing schools; is located in the
  372  attendance zone of a persistently low-performing school or
  373  within a 5-mile radius of such school, whichever is greater; and
  374  is a Title I eligible school.
  375         (2)HOPE OPERATOR.—A hope operator is a nonprofit
  376  organization with tax exempt status under s. 501(c)(3) of the
  377  Internal Revenue Code that operates three or more charter
  378  schools that serve students in grades K-12 in Florida or other
  379  states with a record of serving students from low-income
  380  families and is designated by the State Board of Education as a
  381  hope operator based on a determination that:
  382         (a)The past performance of the hope operator meets or
  383  exceeds the following criteria:
  384         1.The achievement of enrolled students exceeds the
  385  district and state averages of the states in which the
  386  operator’s schools operate;
  387         2.The average college attendance rate at all schools
  388  currently operated by the operator exceeds 80 percent, if such
  389  data is available;
  390         3.The percentage of students eligible for a free or
  391  reduced price lunch under the National School Lunch Act enrolled
  392  at all schools currently operated by the operator exceeds 70
  393  percent;
  394         4.The operator is in good standing with the authorizer in
  395  each state in which it operates;
  396         5.The audited financial statements of the operator are
  397  free of material exceptions and going concern issues; and
  398         6.Other outcome measures as determined by the State Board
  399  of Education;
  400         (b)The operator was awarded a United States Department of
  401  Education Charter School Program grant for Replication and
  402  Expansion of High-Quality Charter Schools within the preceding 3
  403  years before applying to be a hope operator;
  404         (c)The operator receives funding through the National Fund
  405  or a Regional Fund of the Charter School Growth Fund to
  406  accelerate the growth of the nation’s best charter schools; or
  407         (d)The operator is selected by a district school board in
  408  accordance with s. 1008.33.
  410  An entity that meets the requirements of paragraph (b),
  411  paragraph (c), or paragraph (d) before the adoption by the state
  412  board of measurable criteria pursuant to paragraph (a) shall be
  413  designated as a hope operator. After the adoption of the
  414  measurable criteria, an entity shall be designated as a hope
  415  operator if it meets the criteria or is selected by a district
  416  school board in accordance with s. 1008.33.
  417         (3)DESIGNATION OF HOPE OPERATOR.—Initial status as a hope
  418  operator is valid for 5 years from the opening of a school of
  419  hope. If a hope operator seeks the renewal of its status, such
  420  renewal shall solely be based upon the academic and financial
  421  performance of all schools established by the operator in the
  422  state since its initial designation.
  423         (4)ESTABLISHMENT OF SCHOOLS OF HOPE.—A hope operator may
  424  submit a notice of intent to open a school of hope to the school
  425  district in which a persistently low-performing school has been
  426  identified by the State Board of Education pursuant to
  427  subsection (10).
  428         (a)The notice of intent must include:
  429         1.An academic focus and plan.
  430         2.A financial plan.
  431         3.Goals and objectives for increasing student achievement
  432  for the students from low-income families.
  433         4.A completed or planned community outreach plan.
  434         5.The organizational history of success in working with
  435  students with similar demographics.
  436         6.The grade levels to be served and enrollment
  437  projections.
  438         7.The proposed location or geographic area proposed for
  439  the school and its proximity to the persistently low-performing
  440  school.
  441         8.A staffing plan.
  442         (b)Notwithstanding the requirements of s. 1002.33, a
  443  school district shall enter into a performance-based agreement
  444  with a hope operator to open schools to serve students from
  445  persistently low-performing schools.
  446         (5)PERFORMANCE-BASED AGREEMENT.—The following shall
  447  comprise the entirety of the performance-based agreement:
  448         (a)The notice of intent, which is incorporated by
  449  reference and attached to the agreement.
  450         (b)The location or geographic area proposed for the school
  451  of hope and its proximity to the persistently low-performing
  452  school.
  453         (c)An enumeration of the grades to be served in each year
  454  of the agreement and whether the school will serve children in
  455  the school readiness or prekindergarten programs.
  456         (d)A plan of action and specific milestones for student
  457  recruitment and the enrollment of students from persistently
  458  low-performing schools, including enrollment preferences and
  459  procedures for conducting transparent admissions lotteries that
  460  are open to the public. Students from persistently low
  461  performing schools shall be exempt from any enrollment lottery
  462  to the extent permitted by federal grant requirements.
  463         (e)A delineation of the current incoming baseline standard
  464  of student academic achievement, the outcomes to be achieved,
  465  and the method of measurement that will be used.
  466         (f)A description of the methods of involving parents and
  467  expected levels for such involvement.
  468         (g)The grounds for termination, including failure to meet
  469  the requirements for student performance established pursuant to
  470  paragraph (e), generally accepted standards of fiscal
  471  management, or material violation of terms of the agreement. The
  472  nonrenewal or termination of a performance-based agreement must
  473  comply with the requirements of s. 1002.33(8).
  474         (h)A provision allowing the hope operator to open
  475  additional schools to serve students enrolled in or zoned for a
  476  persistently low-performing school if the hope operator
  477  maintains its status under subsection (3).
  478         (i)A provision establishing the initial term as 5 years.
  479  The agreement shall be renewed, upon the request of the hope
  480  operator, unless the school fails to meet the requirements for
  481  student performance established pursuant to paragraph (e) or
  482  generally accepted standards of fiscal management or the school
  483  of hope materially violates the law or the terms of the
  484  agreement.
  485         (j)A requirement to provide transportation consistent with
  486  the requirements of ss. 1006.21-1006.27 and s. 1012.45. The
  487  governing body of the school of hope may provide transportation
  488  through an agreement or contract with the district school board,
  489  a private provider, or parents of enrolled students.
  490  Transportation may not be a barrier to equal access for all
  491  students residing within reasonable distance of the school.
  492         (k)A requirement that any arrangement entered into to
  493  borrow or otherwise secure funds for the school of hope from a
  494  source other than the state or a school district shall indemnify
  495  the state and the school district from any and all liability,
  496  including, but not limited to, financial responsibility for the
  497  payment of the principal or interest.
  498         (l)A provision that any loans, bonds, or other financial
  499  agreements are not obligations of the state or the school
  500  district but are obligations of the school of hope and are
  501  payable solely from the sources of funds pledged by such
  502  agreement.
  503         (m)A prohibition on the pledge of credit or taxing power
  504  of the state or the school district.
  505         (6)STATUTORY AUTHORITY.—
  506         (a)A school of hope may be designated as a local education
  507  agency, if requested, for the purposes of receiving federal
  508  funds and, in doing so, accepts the full responsibility for all
  509  local education agency requirements and the schools for which it
  510  will perform local education agency responsibilities. Students
  511  enrolled in a school established by a hope operator designated
  512  as a local educational agency are not eligible students for
  513  purposes of calculating the district grade pursuant to s.
  514  1008.34(5).
  515         (b)For the purposes of tort liability, the hope operator,
  516  the school of hope, and its employees or agents shall be
  517  governed by s. 768.28. The sponsor shall not be liable for civil
  518  damages under state law for the employment actions or personal
  519  injury, property damage, or death resulting from an act or
  520  omission of a hope operator, the school of hope, or its
  521  employees or agents.
  522         (c)A school of hope may be either a private or a public
  523  employer. As a public employer, the school of hope may
  524  participate in the Florida Retirement System upon application
  525  and approval as a covered group under s. 121.021(34). If a
  526  school of hope participates in the Florida Retirement System,
  527  the school of hope’s employees shall be compulsory members of
  528  the Florida Retirement System.
  529         (d)A hope operator may employ school administrators and
  530  instructional personnel who do not meet the requirements of s.
  531  1012.56 if the school administrators and instructional personnel
  532  are not ineligible for such employment under s. 1012.315.
  533         (e)Compliance with s. 1003.03 shall be calculated as the
  534  average at the school level.
  535         (f)Schools of hope operated by a hope operator shall be
  536  exempt from chapters 1000-1013 and all school board policies.
  537  However, a hope operator shall be in compliance with the laws in
  538  chapters 1000-1013 relating to:
  539         1.The student assessment program and school grading
  540  system.
  541         2.Student progression and graduation.
  542         3.The provision of services to students with disabilities.
  543         4.Civil rights, including s. 1000.05, relating to
  544  discrimination.
  545         5.Student health, safety, and welfare.
  546         6.Public meetings and records, public inspection, and
  547  criminal and civil penalties pursuant to s. 286.011. The
  548  governing board of a school of hope must hold at least two
  549  public meetings per school year in the school district in which
  550  the school of hope is located. Any other meetings of the
  551  governing board may be held in accordance with s. 120.54(2)(b)2.
  552         7.Public records pursuant to chapter 119.
  553         8.The code of ethics for public officers and employees
  554  pursuant to ss. 112.313(2), (3), (7), and (12) and 112.3143(3).
  555         (7)FACILITIES.—
  556         (a)A school of hope shall use facilities that comply with
  557  the Florida Building Code, except for the State Requirements for
  558  Educational Facilities. A school of hope that uses school
  559  district facilities must comply with the State Requirements for
  560  Educational Facilities only if the school district and the hope
  561  operator have entered into a mutual management plan for the
  562  reasonable maintenance of such facilities. The mutual management
  563  plan shall contain a provision by which the district school
  564  board agrees to maintain the school facilities in the same
  565  manner as its other public schools within the district. The
  566  local governing authority shall not adopt or impose any local
  567  building requirements or site-development restrictions, such as
  568  parking and site-size criteria, which are addressed by and more
  569  stringent than those found in the State Requirements for
  570  Educational Facilities of the Florida Building Code. A local
  571  governing authority must treat schools of hope equitably in
  572  comparison to similar requirements, restrictions, and site
  573  planning processes imposed upon public schools. The agency
  574  having jurisdiction for inspection of a facility and issuance of
  575  a certificate of occupancy or use shall be the local
  576  municipality or, if in an unincorporated area, the county
  577  governing authority. If an official or employee of the local
  578  governing authority refuses to comply with this paragraph, the
  579  aggrieved school or entity has an immediate right to bring an
  580  action in circuit court to enforce its rights by injunction. An
  581  aggrieved party that receives injunctive relief may be awarded
  582  reasonable attorney fees and court costs.
  583         (b)Any facility, or portion thereof, used to house a
  584  school of hope shall be exempt from ad valorem taxes pursuant to
  585  s. 196.1983. Library, community service, museum, performing
  586  arts, theatre, cinema, church, Florida College System
  587  institution, college, and university facilities may provide
  588  space to schools of hope within their facilities under their
  589  preexisting zoning and land use designations without obtaining a
  590  special exception, rezoning, land use charter, or other form of
  591  approval.
  592         (c)School of hope facilities are exempt from assessments
  593  of fees for building permits, except as provided in s. 553.80;
  594  fees for building and occupational licenses; impact fees or
  595  exactions; service availability fees; and assessments for
  596  special benefits.
  597         (d)No later than October 1, each school district shall
  598  annually provide to the Department of Education a list of all
  599  underused, vacant, or surplus facilities owned or operated by
  600  the school district. A hope operator establishing a school of
  601  hope may use an educational facility identified in this
  602  paragraph at no cost or at a mutually agreeable cost not to
  603  exceed $600 per student. A hope operator using a facility
  604  pursuant to this paragraph may not sell or dispose of such
  605  facility without the written permission of the school district.
  606  For purposes of this paragraph, “underused, vacant, or surplus
  607  facility” means an entire facility or portion thereof which is
  608  not fully used or is used irregularly or intermittently by the
  609  school district for instructional or program use.
  610         (8)NONCOMPLIANCE.—A school district that does not enter
  611  into a performance-based agreement within 60 days after receipt
  612  of a notice of intent shall reduce the administrative fees
  613  withheld pursuant to s. 1002.33(20) to 1 percent for all charter
  614  schools operating in the school district. Upon execution of the
  615  performance-based agreement, the school district may resume
  616  withholding the full amount of administrative fees, but may not
  617  recover any fees that would have otherwise accrued during the
  618  period of noncompliance. Any charter school that had
  619  administrative fees withheld in violation of this subsection may
  620  recover attorney fees and costs to enforce the requirements of
  621  this subsection. A school district subject to the requirements
  622  of this section shall file a monthly report detailing the
  623  reduction in the amount of administrative fees withheld.
  624         (9)FUNDING.—
  625         (a)Schools of hope shall be funded in accordance with s.
  626  1002.33(17).
  627         (b)Schools of hope shall receive priority in the
  628  department’s Public Charter School Grant Program competitions.
  629         (c)Schools of hope shall be considered charter schools for
  630  purposes of s. 1013.62, except charter capital outlay may not be
  631  used to purchase real property or for the construction of school
  632  facilities.
  633         (d)Schools of hope shall receive funds from the “Special
  634  Categories: Grants and Aids–Schools of Hope” which is created in
  635  addition to the categories enumerated in s. 216.011(1)(c).
  636  Eligible expenditures from an appropriation in the “Special
  637  Categories: Grants and Aids–Schools of Hope” shall include:
  638         1.Preparing teachers, school leaders, and specialized
  639  instructional support personnel, including costs associated
  640  with:
  641         a.Providing professional development.
  642         b.Hiring and compensating teachers, school leaders, and
  643  specialized instructional support personnel for services beyond
  644  the school day and year.
  645         2.Acquiring supplies, training, equipment, and educational
  646  materials, including developing and acquiring instructional
  647  materials.
  648         3.Providing one-time startup costs associated with
  649  providing transportation to students to and from the charter
  650  school.
  651         4.Carrying out community engagement activities, which may
  652  include paying the cost of student and staff recruitment.
  653         5.Providing funds to cover the nonvoted ad valorem millage
  654  that would otherwise be required for schools and the required
  655  local effort funds calculated pursuant to s. 1011.62 when the
  656  State Board of Education enters into an agreement with a hope
  657  operator pursuant to subsection (5).
  658         (e)If a school of hope is not renewed or is terminated,
  659  any unencumbered funds and all equipment and property purchased
  660  with the funds shall revert to the ownership of the state. The
  661  reversion of such equipment, property, and furnishings shall
  662  focus on tangible or irrecoverable costs such as rental or
  663  leasing fees, normal maintenance, and limited renovations. The
  664  reversion of all property secured with grant funds is subject to
  665  the complete satisfaction of all lawful liens or encumbrances.
  666         (f)Notwithstanding s. 216.301 and pursuant to s. 216.351,
  667  the balance of any appropriation from the Grants and Aids
  668  Schools of hope funding appropriation category which is not
  669  disbursed by June 30 of the fiscal year in which the funds are
  670  appropriated may be carried forward for up to 5 years after the
  671  effective date of the original appropriation.
  673  Pursuant to Art. IX of the State Constitution, which prescribes
  674  the duty of the State Board of Education to supervise the public
  675  school system, the State Board of Education shall:
  676         (a)Publish an annual list of persistently low-performing
  677  schools after the release of preliminary school grades.
  678         (b)Adopt a standard notice of intent and performance-based
  679  agreement that must be used by hope operators and district
  680  school boards to eliminate regulatory and bureaucratic barriers
  681  that delay access to high quality schools for students in
  682  persistently low-performing schools.
  683         (c)Resolve disputes between a hope operator and a school
  684  district arising from a performance-based agreement or a
  685  contract between a charter operator and a school district under
  686  the requirements of s. 1008.33. The Commissioner of Education
  687  shall appoint a special magistrate who is a member of The
  688  Florida Bar in good standing and who has at least 5 years’
  689  experience in administrative law. The special magistrate shall
  690  hold hearings to determine facts relating to the dispute and to
  691  render a recommended decision for resolution to the State Board
  692  of Education. The recommendation may not alter in any way the
  693  provisions of the performance agreement under subsection (5).
  694  The special magistrate may administer oaths and issue subpoenas
  695  on behalf of the parties to the dispute or on his or her own
  696  behalf. Within 15 calendar days after the close of the final
  697  hearing, the special magistrate shall transmit a recommended
  698  decision to the State Board of Education and to the
  699  representatives of both parties by registered mail, return
  700  receipt requested. The State Board of Education must approve or
  701  reject the recommended decision at its next regularly scheduled
  702  meeting that is more than 7 calendar days and no more than 30
  703  days after the date the recommended decision is transmitted. The
  704  decision by the State Board of Education is a final agency
  705  action that may be appealed to the District Court of Appeal,
  706  First District in accordance with s. 120.68. A charter school
  707  may recover attorney fees and costs if the State Board of
  708  Education determines that the school district unlawfully
  709  implemented or otherwise impeded implementation of the
  710  performance-based agreement pursuant to this paragraph.
  711         (d)Provide students in persistently low-performing schools
  712  with a public school that meets accountability standards. The
  713  State Board of Education may enter into a performance-based
  714  agreement with a hope operator when a school district has not
  715  improved the school through the interventions and support
  716  provided under s. 1008.33 or has not complied with the
  717  requirements of subsection (4). Upon the State Board of
  718  Education entering into a performance-based agreement with a
  719  hope operator, the school district shall transfer to the school
  720  of hope the proportionate share of state funds allocated from
  721  the Florida Education Finance Program.
  722         (11)RULES.—The State Board of Education shall adopt rules
  723  pursuant to ss. 120.536(1) and 120.54 to implement this section.
  724         Section 6. Section 1001.292, Florida Statutes, is created
  725  to read:
  726         1001.292Schools of Hope Revolving Loan Program.—
  727         (1)The Schools of Hope Revolving Loan Program is
  728  established within the Department of Education to provide
  729  assistance to hope operators, as defined in s. 1002.333, to meet
  730  school building construction needs and pay for expenses related
  731  to the startup of a new charter school. The program shall
  732  consist of funds appropriated by the Legislature, money received
  733  from the repayment of loans made from the program, and interest
  734  earned.
  735         (2)Funds provided pursuant to this section may not exceed
  736  25 percent of the total cost of the project, which shall be
  737  calculated based on 80 percent of the cost per student station
  738  established by s. 1013.64(6)(b) multiplied by the capacity of
  739  the facility.
  740         (3)The department may contract with a third-party
  741  administrator to administer the program. If the department
  742  contracts with a third-party administrator, funds shall be
  743  granted to the third-party administrator to create a revolving
  744  loan fund for the purpose of financing projects that meet the
  745  requirements of subsection (4). The third-party administrator
  746  shall report to the department annually. The department shall
  747  continue to administer the program until a third-party
  748  administrator is selected.
  749         (4)Hope operators that have been designated by the State
  750  Board of Education and have executed a performance-based
  751  agreement pursuant to s. 1002.333 shall be provided a loan up to
  752  the amount provided in subsection (2) for projects that are
  753  located in the attendance area of a persistently low-performing
  754  school or within a 5-mile radius of such school and primarily
  755  serve students from the persistently low-performing school.
  756         (5)The department shall post on its website the projects
  757  that have received loans, the geographic distribution of the
  758  projects, the status of the projects, the costs of the program,
  759  and student outcomes for students enrolled in the school of hope
  760  receiving funds.
  761         (6)All repayments of principal and interest shall be
  762  returned to the loan fund and made available for loans to other
  763  applicants.
  764         (7)Interest on loans provided under this program may be
  765  used to defray the costs of administration and shall be the
  766  lower of:
  767         (a)The rate paid on moneys held in the fund; or
  768         (b)A rate equal to 50 percent of the rate authorized under
  769  the provisions of s. 215.84.
  770         (8)Notwithstanding s. 216.301 and pursuant to s. 216.351,
  771  funds appropriated for this purpose which are not disbursed by
  772  June 30 of the fiscal year in which the funds are appropriated
  773  may be carried forward for up to 5 years after the effective
  774  date of the original appropriation.
  775         Section 7. If any provision of this act or its application
  776  to any person or circumstance is held invalid, the invalidity
  777  does not affect the remaining provisions or applications of the
  778  act which can be given effect without the invalid provision or
  779  application, and to this end the provisions of this act are
  780  severable.
  781         Section 8. Except as otherwise expressly provided in this
  782  act and except for this section, which shall take effect upon
  783  this act becoming a law, this act shall take effect July 1,
  784  2017.
  786  ================= T I T L E  A M E N D M E N T ================
  787  And the title is amended as follows:
  788         Delete everything before the enacting clause
  789  and insert:
  790                        A bill to be entitled                      
  791         An act relating to school improvement; amending s.
  792         1001.42, F.S.; revising provisions relating to school
  793         improvement plans; requiring only specified schools to
  794         submit a school improvement plan; deleting a
  795         requirement that certain information be included in
  796         the improvement plans of certain schools; revising the
  797         grade levels required to implement an early warning
  798         system; revising the required content of an early
  799         warning system; requiring a specified team to monitor
  800         specified data; authorizing a psychologist to be a
  801         member of the team; revising what constitutes an
  802         educational emergency and establishing duties of
  803         district school boards relating to such emergency;
  804         amending s. 1008.33, F.S.; providing that intervention
  805         and support services apply consistently to any school
  806         meeting specified criteria; revising the required
  807         timeline for the implementation of a district-managed
  808         turnaround plan; providing turnaround options
  809         available to school districts meeting specified
  810         criteria; amending s. 1008.345, F.S.; revising the
  811         criteria a school must meet to have a community
  812         assessment team; revising the duties of a community
  813         assessment team; amending 1002.33, F.S.; revising the
  814         criteria a charter school must meet to require
  815         corrective action; revising requirements for
  816         corrective action by charter schools; revising
  817         criteria for waiver of automatic charter termination;
  818         creating s. 1002.333, F.S., relating to persistently
  819         low-performing schools; providing definitions;
  820         providing eligibility criteria for hope operators;
  821         providing for the designation and redesignation of a
  822         hope operator; authorizing hope operators to establish
  823         schools of hope in specified areas; providing the
  824         process for the establishment of a school of hope;
  825         providing the requirements for a performance-based
  826         agreement; authorizing a school of hope to be
  827         designated as a local education agency; providing that
  828         a sponsor is not liable for specified damages;
  829         providing that a school of hope may be a private or
  830         public employer; authorizing a school of hope to
  831         participate in the Florida Retirement System;
  832         authorizing a hope operator to employ certain staff;
  833         providing specific statutory exemptions for schools of
  834         hope; providing requirements for facilities used by
  835         schools of hope; requiring districts to annually
  836         provide a list of specified property to the Department
  837         of Education; providing that schools of hope shall be
  838         funded through the Florida Education Finance Program;
  839         establishing additional funding sources and guidelines
  840         for eligible expenditures; providing a mechanism to
  841         address school district noncompliance; providing
  842         authority and obligations of the State Board of
  843         Education; providing a mechanism for the resolution of
  844         disputes; providing for rulemaking; creating s.
  845         1001.291, F.S.; establishing the Schools of Hope
  846         Revolving Loan Program; providing criteria for
  847         administration of the program; providing for
  848         severability; providing effective dates.