Florida Senate - 2019 COMMITTEE AMENDMENT
Bill No. CS for SB 1224
Ì944160{Î944160
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/10/2019 .
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The Committee on Governmental Oversight and Accountability
(Farmer) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 105 - 578
4 and insert:
5 (3) All applicants are subject to level 2 background
6 screening as provided under chapter 435. An applicant is
7 ineligible, and a credentialing entity shall deny the
8 application, if the applicant has been found guilty of, or has
9 entered a plea of guilty or nolo contendere to, regardless of
10 adjudication, any offense listed in s. 435.04(2) unless the
11 department has issued an exemption under s. 397.4872. In
12 accordance with s. 435.04, the Department of Law Enforcement
13 shall notify the credentialing entity of the applicant’s
14 eligibility based on the results of his or her background
15 screening. Once applicants are fingerprinted and pass the
16 appropriate background screening in any single school district,
17 the results of such fingerprinting and background screening
18 shall be valid and such applicants may not subsequently be
19 required to be fingerprinted or pass an appropriate background
20 screening. The credentialing entity shall confirm whether an
21 applicant has previously been fingerprinted and passed the
22 appropriate background screening within the school district.
23 (4) The credentialing entity shall issue a certificate of
24 compliance upon approval of a person’s application. The
25 certification shall automatically terminate 1 year after
26 issuance if not renewed.
27 (a) A credentialing entity may suspend or revoke the
28 certificate of compliance of a charter school principal, a
29 charter school governing board member, or a charter school chief
30 financial officer if the charter school principal, the charter
31 school governing board member, or the charter school chief
32 financial officer fails to adhere to the continuing education
33 requirements.
34 (b) A credentialing entity shall revoke a certificate of
35 compliance of a charter school principal, charter school
36 governing board member, or charter school chief financial
37 officer if the charter school principal, charter school
38 governing board member, or charter school chief financial
39 officer provides false or misleading information to the
40 credentialing entity at any time.
41 (c) If a charter school principal, charter school governing
42 board member, or charter school chief financial officer is
43 arrested for or found guilty of, or enters a plea of guilty or
44 nolo contendere to, regardless of adjudication, any offense
45 listed in s. 435.04(2) while acting in that capacity, the
46 charter school shall immediately remove the person from that
47 position and shall notify the credentialing entity within 3
48 business days after such removal.
49 (5) Any decision by a department-recognized credentialing
50 program to deny certification or otherwise impose sanctions on
51 an individual who is certified is reviewable by the department.
52 The individual aggrieved may request an administrative hearing
53 conducted pursuant to ss. 120.569 and 120.57(1) within 30 days
54 after receiving an adverse determination after completing any
55 appeals process offered by the credentialing program.
56 Section 3. Present paragraphs (g), (h), and (i) of
57 subsection (12) of section 1002.33, Florida Statutes, are
58 redesignated as paragraphs (h), (i), and (j), respectively, and
59 a new paragraph (g) is added to that subsection, paragraph (g)
60 is added to subsection (8), and paragraph (b) of subsection (6)
61 and paragraph (a) of subsection (7) of that section are amended,
62 to read:
63 1002.33 Charter schools.—
64 (6) APPLICATION PROCESS AND REVIEW.—Charter school
65 applications are subject to the following requirements:
66 (b) A sponsor shall receive and review all applications for
67 a charter school using the evaluation instrument developed by
68 the Department of Education. A sponsor shall receive and
69 consider charter school applications received on or before
70 August 1 of each calendar year for charter schools to be opened
71 at the beginning of the school district’s next school year, or
72 to be opened at a time determined agreed to by the applicant and
73 the sponsor. A sponsor may not refuse to receive a charter
74 school application submitted before August 1 and may receive an
75 application submitted later than August 1 if it chooses.
76 Beginning in 2018 and thereafter, A sponsor shall also receive
77 and consider charter school applications received on or before
78 February 1 of each calendar year for charter schools to be
79 opened 18 months later at the beginning of the school district’s
80 school year, or to be opened at a time determined by the
81 applicant. A sponsor may not refuse to receive a charter school
82 application submitted before February 1 and may receive an
83 application submitted later than February 1 if it chooses. A
84 sponsor may not charge an applicant for a charter any fee for
85 the processing or consideration of an application, and a sponsor
86 may not base its consideration or approval of a final
87 application upon the promise of future payment of any kind. If
88 an applicant is ready to do so, it may open a charter school
89 before the school district’s next school year after approval of
90 the charter school application submitted by either application
91 deadline. Before approving or denying any application, the
92 sponsor shall allow the applicant, upon receipt of written
93 notification, at least 7 calendar days to make technical or
94 nonsubstantive corrections and clarifications, including, but
95 not limited to, corrections of grammatical, typographical, and
96 like errors or missing signatures, if such errors are identified
97 by the sponsor as cause to deny the final application.
98 1. In order to facilitate an accurate budget projection
99 process, a sponsor shall be held harmless for FTE students who
100 are not included in the FTE projection due to approval of
101 charter school applications after the FTE projection deadline.
102 In a further effort to facilitate an accurate budget projection,
103 within 15 calendar days after receipt of a charter school
104 application, a sponsor shall report to the Department of
105 Education the name of the applicant entity, the proposed charter
106 school location, and its projected FTE.
107 2. In order to ensure fiscal responsibility, an application
108 for a charter school shall include a full accounting of expected
109 assets, a projection of expected sources and amounts of income,
110 including income derived from projected student enrollments and
111 from community support, and an expense projection that includes
112 full accounting of the costs of operation, including start-up
113 costs.
114 3.a. A sponsor shall by a majority vote approve or deny an
115 application no later than 90 calendar days after the application
116 is received, unless the sponsor and the applicant mutually agree
117 in writing to temporarily postpone the vote to a specific date,
118 at which time the sponsor shall by a majority vote approve or
119 deny the application. If the sponsor fails to act on the
120 application, an applicant may appeal to the State Board of
121 Education as provided in paragraph (c). If an application is
122 denied, the sponsor shall, within 10 calendar days after such
123 denial, articulate in writing the specific reasons, based upon
124 good cause, supporting its denial of the application and shall
125 provide the letter of denial and supporting documentation to the
126 applicant and to the Department of Education.
127 b. An application submitted by a high-performing charter
128 school identified pursuant to s. 1002.331 or a high-performing
129 charter school system identified pursuant to s. 1002.332 may be
130 denied by the sponsor only if the sponsor demonstrates by clear
131 and convincing evidence that:
132 (I) The application of a high-performing charter school
133 does not materially comply with the requirements in paragraph
134 (a) or, for a high-performing charter school system, the
135 application does not materially comply with s. 1002.332(2)(b);
136 (II) The charter school proposed in the application does
137 not materially comply with the requirements in paragraphs
138 (9)(a)-(f);
139 (III) The proposed charter school’s educational program
140 does not substantially replicate that of the applicant or one of
141 the applicant’s high-performing charter schools;
142 (IV) The applicant has made a material misrepresentation or
143 false statement or concealed an essential or material fact
144 during the application process; or
145 (V) The proposed charter school’s educational program and
146 financial management practices do not materially comply with the
147 requirements of this section.
148
149 Material noncompliance is a failure to follow requirements or a
150 violation of prohibitions applicable to charter school
151 applications, which failure is quantitatively or qualitatively
152 significant either individually or when aggregated with other
153 noncompliance. An applicant is considered to be replicating a
154 high-performing charter school if the proposed school is
155 substantially similar to at least one of the applicant’s high
156 performing charter schools and the organization or individuals
157 involved in the establishment and operation of the proposed
158 school are significantly involved in the operation of replicated
159 schools.
160 c. If the sponsor denies an application submitted by a
161 high-performing charter school or a high-performing charter
162 school system, the sponsor must, within 10 calendar days after
163 such denial, state in writing the specific reasons, based upon
164 the criteria in sub-subparagraph b., supporting its denial of
165 the application and must provide the letter of denial and
166 supporting documentation to the applicant and to the Department
167 of Education. The applicant may appeal the sponsor’s denial of
168 the application in accordance with paragraph (c).
169 4. For budget projection purposes, the sponsor shall report
170 to the Department of Education the approval or denial of an
171 application within 10 calendar days after such approval or
172 denial. In the event of approval, the report to the Department
173 of Education shall include the final projected FTE for the
174 approved charter school.
175 5. Upon approval of an application, the initial startup
176 shall commence with the beginning of the public school calendar
177 for the district in which the charter is granted. A charter
178 school may defer the opening of the school’s operations for up
179 to 3 years to provide time for adequate facility planning. The
180 charter school must provide written notice of such intent to the
181 sponsor and the parents of enrolled students at least 30
182 calendar days before the first day of school.
183 (7) CHARTER.—The terms and conditions for the operation of
184 a charter school shall be set forth by the sponsor and the
185 applicant in a written contractual agreement, called a charter.
186 The sponsor and the governing board of the charter school shall
187 use the standard charter contract pursuant to subsection (21),
188 which shall incorporate the approved application and any addenda
189 approved with the application. Any term or condition of a
190 proposed charter contract that differs from the standard charter
191 contract adopted by rule of the State Board of Education shall
192 be presumed a limitation on charter school flexibility. The
193 sponsor may not impose unreasonable rules or regulations that
194 violate the intent of giving charter schools greater flexibility
195 to meet educational goals. The charter shall be signed by the
196 governing board of the charter school and the sponsor, following
197 a public hearing to ensure community input.
198 (a) The charter shall address and criteria for approval of
199 the charter shall be based on:
200 1. The school’s mission, the students to be served, and the
201 ages and grades to be included.
202 2. The focus of the curriculum, the instructional methods
203 to be used, any distinctive instructional techniques to be
204 employed, and identification and acquisition of appropriate
205 technologies needed to improve educational and administrative
206 performance which include a means for promoting safe, ethical,
207 and appropriate uses of technology which comply with legal and
208 professional standards.
209 a. The charter shall ensure that reading is a primary focus
210 of the curriculum and that resources are provided to identify
211 and provide specialized instruction for students who are reading
212 below grade level. The curriculum and instructional strategies
213 for reading must be consistent with the Next Generation Sunshine
214 State Standards and grounded in scientifically based reading
215 research.
216 b. In order to provide students with access to diverse
217 instructional delivery models, to facilitate the integration of
218 technology within traditional classroom instruction, and to
219 provide students with the skills they need to compete in the
220 21st century economy, the Legislature encourages instructional
221 methods for blended learning courses consisting of both
222 traditional classroom and online instructional techniques.
223 Charter schools may implement blended learning courses which
224 combine traditional classroom instruction and virtual
225 instruction. Students in a blended learning course must be full
226 time students of the charter school pursuant to s.
227 1011.61(1)(a)1. Instructional personnel certified pursuant to s.
228 1012.55 who provide virtual instruction for blended learning
229 courses may be employees of the charter school or may be under
230 contract to provide instructional services to charter school
231 students. At a minimum, such instructional personnel must hold
232 an active state or school district adjunct certification under
233 s. 1012.57 for the subject area of the blended learning course.
234 The funding and performance accountability requirements for
235 blended learning courses are the same as those for traditional
236 courses.
237 3. The current incoming baseline standard of student
238 academic achievement, the outcomes to be achieved, and the
239 method of measurement that will be used. The criteria listed in
240 this subparagraph shall include a detailed description of:
241 a. How the baseline student academic achievement levels and
242 prior rates of academic progress will be established.
243 b. How these baseline rates will be compared to rates of
244 academic progress achieved by these same students while
245 attending the charter school.
246 c. To the extent possible, how these rates of progress will
247 be evaluated and compared with rates of progress of other
248 closely comparable student populations.
249
250 The district school board is required to provide academic
251 student performance data to charter schools for each of their
252 students coming from the district school system, as well as
253 rates of academic progress of comparable student populations in
254 the district school system.
255 4. The methods used to identify the educational strengths
256 and needs of students and how well educational goals and
257 performance standards are met by students attending the charter
258 school. The methods shall provide a means for the charter school
259 to ensure accountability to its constituents by analyzing
260 student performance data and by evaluating the effectiveness and
261 efficiency of its major educational programs. Students in
262 charter schools shall, at a minimum, participate in the
263 statewide assessment program created under s. 1008.22.
264 5. In secondary charter schools, a method for determining
265 that a student has satisfied the requirements for graduation in
266 s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
267 6. A method for resolving conflicts between the governing
268 board of the charter school and the sponsor.
269 7. The admissions procedures and dismissal procedures,
270 including the school’s code of student conduct. Admission or
271 dismissal must not be based on a student’s academic performance.
272 8. The ways by which the school will achieve a
273 racial/ethnic balance reflective of the community it serves or
274 within the racial/ethnic range of other public schools in the
275 same school district.
276 9. The financial and administrative management of the
277 school, including a reasonable demonstration of the professional
278 experience or competence of those individuals or organizations
279 applying to operate the charter school or those hired or
280 retained to perform such professional services and the
281 description of clearly delineated responsibilities and the
282 policies and practices needed to effectively manage the charter
283 school. A description of internal audit procedures and
284 establishment of controls to ensure that financial resources are
285 properly managed must be included. Both public sector and
286 private sector professional experience shall be equally valid in
287 such a consideration.
288 10. The asset and liability projections required in the
289 application which are incorporated into the charter and shall be
290 compared with information provided in the annual report of the
291 charter school.
292 11. A description of procedures that identify various risks
293 and provide for a comprehensive approach to reduce the impact of
294 losses; plans to ensure the safety and security of students and
295 staff; plans to identify, minimize, and protect others from
296 violent or disruptive student behavior; and the manner in which
297 the school will be insured, including whether or not the school
298 will be required to have liability insurance, and, if so, the
299 terms and conditions thereof and the amounts of coverage.
300 12. The term of the charter which shall provide for
301 cancellation of the charter if insufficient progress has been
302 made in attaining the student achievement objectives of the
303 charter and if it is not likely that such objectives can be
304 achieved before expiration of the charter. The initial term of a
305 charter shall be for 5 years, excluding 2 planning years. In
306 order to facilitate access to long-term financial resources for
307 charter school construction, charter schools that are operated
308 by a municipality or other public entity as provided by law are
309 eligible for up to a 15-year charter, subject to approval by the
310 district school board. A charter lab school is eligible for a
311 charter for a term of up to 15 years. In addition, to facilitate
312 access to long-term financial resources for charter school
313 construction, charter schools that are operated by a private,
314 not-for-profit, s. 501(c)(3) status corporation are eligible for
315 up to a 15-year charter, subject to approval by the district
316 school board. Such long-term charters remain subject to annual
317 review and may be terminated during the term of the charter, but
318 only according to the provisions set forth in subsection (8).
319 13. The facilities to be used and their location. The
320 sponsor may not require a charter school to have a certificate
321 of occupancy or a temporary certificate of occupancy for such a
322 facility earlier than 15 calendar days before the first day of
323 school.
324 14. The qualifications to be required of the teachers and
325 the potential strategies used to recruit, hire, train, and
326 retain qualified staff to achieve best value.
327 15. The governance structure of the school, including the
328 status of the charter school as a public or private employer as
329 required in paragraph (12)(j) (12)(i).
330 16. A timetable for implementing the charter which
331 addresses the implementation of each element thereof and the
332 date by which the charter shall be awarded in order to meet this
333 timetable.
334 17. In the case of an existing public school that is being
335 converted to charter status, alternative arrangements for
336 current students who choose not to attend the charter school and
337 for current teachers who choose not to teach in the charter
338 school after conversion in accordance with the existing
339 collective bargaining agreement or district school board rule in
340 the absence of a collective bargaining agreement. However,
341 alternative arrangements shall not be required for current
342 teachers who choose not to teach in a charter lab school, except
343 as authorized by the employment policies of the state university
344 which grants the charter to the lab school.
345 18. Full disclosure of the identity of all relatives
346 employed by the charter school who are related to the charter
347 school owner, president, chairperson of the governing board of
348 directors, superintendent, governing board member, principal,
349 assistant principal, or any other person employed by the charter
350 school who has equivalent decisionmaking authority. For the
351 purpose of this subparagraph, the term “relative” means father,
352 mother, son, daughter, brother, sister, uncle, aunt, first
353 cousin, nephew, niece, husband, wife, father-in-law, mother-in
354 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
355 stepfather, stepmother, stepson, stepdaughter, stepbrother,
356 stepsister, half brother, or half sister.
357 19. Implementation of the activities authorized under s.
358 1002.331 by the charter school when it satisfies the eligibility
359 requirements for a high-performing charter school. A high
360 performing charter school shall notify its sponsor in writing by
361 March 1 if it intends to increase enrollment or expand grade
362 levels the following school year. The written notice shall
363 specify the amount of the enrollment increase and the grade
364 levels that will be added, as applicable.
365 (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.—
366 (g)1. If a charter is terminated or a charter school closes
367 before the end of a school year or within 3 years after
368 beginning operations and, after a specific finding by the school
369 district of material fraud, disregard of generally accepted
370 accounting principles, or of intentional malfeasance by an
371 applicant for the charter, the charter school owner, the charter
372 school president, charter school governing board members, and
373 the relatives of such owner, upon findings made by the school
374 district, the applicant for the charter, the charter school
375 owner, the charter school president, the charter school
376 governing board members, and the relatives of such owner,
377 president, or governing board member may not submit an
378 application to open a charter school in this state pursuant to
379 subsection (6) for a period of 5 years after the termination of
380 the charter or closure of the charter school. The applicant for
381 the charter, the charter school owner, the charter school
382 president, the charter school governing board members, and the
383 relatives of such owner, president, or governing board member,
384 may appeal to the charter appeals commission the school
385 district’s finding of material fraud, intentional malfeasance,
386 or disregard of generally accepted accounting principles.
387 2. If a charter school owner, a charter school president, a
388 member of a charter school governing board, a charter management
389 organization, or an education management organization is
390 convicted of a crime, including, but not limited to, material
391 fraud or serious financial theft offenses, misrepresentation,
392 fraud, or misappropriation related to the operation of a charter
393 school, that owner, president, or governing board member,
394 including any relatives of such individuals, or the charter
395 management organization or the education management
396 organization, may not submit an application to open a charter
397 school in this state pursuant to subsection (6) for a period of
398 10 years after such conviction.
399
400 For the purpose of this paragraph, the term “relative” has the
401 same meaning as specified in subparagraph (24)(a)2.
402 (12) EMPLOYEES OF CHARTER SCHOOLS.—
403 (g) Each charter school principal, governing board member,
404 chief financial officer, or equivalent position must hold a
405 valid certification issued by a third-party credentialing entity
406 that is recognized under s. 1001.241, at least 30 days before
407 the school opens or within 30 days of the first date of
408 employment, whichever comes first. The credentialing entity must
409 certify the individual’s core competence in the administration
410 of a charter school, including, but not limited to, developing
411 and adjusting business plans; accurate financial planning and
412 good business practices, including accounting for costs and
413 income; state and federal grant and student performance
414 accountability requirements; identification of, and application
415 for, state and federal funding sources; and governance,
416 including government in the sunshine, conflicts of interest,
417 ethics, and financial responsibility. An individual certified
418 under this paragraph meets the training requirements under
419 subparagraph (h)3., paragraph (6)(f), and subparagraph (9)(j)4.
420 Section 4. Paragraph (d) of subsection (1) of section
421 1002.45, Florida Statutes, is amended to read:
422 1002.45 Virtual instruction programs.—
423 (1) PROGRAM.—
424 (d) A virtual charter school may provide part-time and
425 full-time virtual instruction for students in kindergarten
426 through grade 12 if the virtual charter school has a charter
427 approved pursuant to s. 1002.33 authorizing full-time virtual
428 instruction. A virtual charter school may:
429 1. Contract with the Florida Virtual School.
430 2. Contract with or be an approved provider under
431 subsection (2).
432 3. Enter into an agreement with a school district to allow
433 the participation of the virtual charter school’s students in
434 the school district’s virtual instruction program. The agreement
435 must indicate a process for reporting of student enrollment and
436 the transfer of funds required by paragraph (7)(e).
437
438 ================= T I T L E A M E N D M E N T ================
439 And the title is amended as follows:
440 Delete lines 10 - 58
441 and insert:
442 providing that applicants who submit applications to a
443 credentialing entity are subject to a certain
444 background screening; providing for the ineligibility
445 of certain applicants; requiring the Department of Law
446 Enforcement to notify the credentialing entity of an
447 applicant’s background screening results; providing
448 that the results of fingerprinting and background
449 screening of applicants who meet certain requirements
450 are valid and such applicants are not required to be
451 subsequently fingerprinted or pass another background
452 screening; requiring credentialing entities to confirm
453 whether an applicant has previously been fingerprinted
454 and passed a background screening within a school
455 district; requiring credentialing entities to issue
456 certificates of compliance upon approval of a person’s
457 application; providing for termination of the
458 certification after a specified time period if the
459 certification is not renewed; authorizing
460 credentialing entities to suspend or revoke a
461 certificate of compliance under specified conditions;
462 requiring charter schools to remove a charter school
463 principal, charter school governing board member, or
464 charter school chief financial officer from his or her
465 position, as applicable, under specified conditions;
466 requiring charter schools to notify the credentialing
467 entity of such removal; providing that certain
468 decisions by a department-recognized credentialing
469 program are reviewable by the Department of Education;
470 providing that an aggrieved person may request an
471 administrative hearing within a specified timeframe
472 after receiving an adverse determination after
473 completion of an appeals process offered by the
474 credentialing program; amending s. 1002.33, F.S.;
475 deleting obsolete language; revising charter school
476 application deadline requirements; authorizing certain
477 charter school applicants to open charter schools
478 before a specified timeframe and after approval;
479 prohibiting specified individuals and entities from
480 submitting an application to open a charter school for
481 specified periods of time; defining the term
482 “relative” for the purpose of applying the
483 prohibition; requiring each charter school principal,
484 governing board member, chief financial officer, or
485 their equivalent, to meet certain certification
486 requirements; amending s. 1002.45, F.S.; authorizing
487 virtual charter schools to provide part-time virtual
488 instruction for certain students; providing that a
489 charter school may be an approved provider; providing
490 an effective date.