Florida Senate - 2019                             CS for SB 1224
       By the Committee on Education; and Senator Farmer
       581-03533-19                                          20191224c1
    1                        A bill to be entitled                      
    2         An act relating to charter schools; creating s.
    3         1001.241, F.S.; requiring the Department of Education
    4         to approve credentialing entities for a specified
    5         purpose; requiring credentialing entities to
    6         establish, develop, and administer specified
    7         requirements and processes; requiring credentialing
    8         entities to establish a certification program;
    9         providing requirements for the certification program;
   10         requiring credentialing entities to establish certain
   11         fees; providing requirements for such fees; providing
   12         that applicants who submit applications to a
   13         credentialing entity are subject to a certain
   14         background screening; providing for the ineligibility
   15         of certain applicants; requiring the Department of Law
   16         Enforcement to notify the credentialing entity of an
   17         applicant’s background screening results; requiring
   18         credentialing entities to issue certificates of
   19         compliance upon approval of a person’s application;
   20         providing for termination of the certification after a
   21         specified time period if the certification is not
   22         renewed; authorizing credentialing entities to suspend
   23         or revoke a certificate of compliance under specified
   24         conditions; requiring charter schools to remove a
   25         charter school principal, charter school governing
   26         board member, or charter school chief financial
   27         officer from his or her position, as applicable, under
   28         specified conditions; requiring charter schools to
   29         notify the credentialing entity of such removal;
   30         providing that certain decisions by a department
   31         recognized credentialing program are reviewable by the
   32         Department of Education; providing that an aggrieved
   33         person may request an administrative hearing within a
   34         specified timeframe after receiving an adverse
   35         determination after completion of an appeals process
   36         offered by the credentialing program; amending s.
   37         1002.33, F.S.; deleting obsolete language; revising
   38         charter school application deadline requirements;
   39         authorizing certain charter school applicants to open
   40         charter schools before a specified timeframe and after
   41         approval; prohibiting specified individuals and
   42         entities from submitting an application to open a
   43         charter school for specified periods of time; defining
   44         the term “relative” for the purpose of applying the
   45         prohibition; requiring each charter school principal,
   46         governing board member, chief financial officer, or
   47         their equivalent, to meet certain certification
   48         requirements; amending s. 1002.45, F.S.; authorizing
   49         virtual charter schools to provide part-time virtual
   50         instruction for certain students; providing that a
   51         charter school may be an approved provider; amending
   52         s. 1012.32, F.S.; conforming a cross-reference;
   53         revising fingerprint filing requirements for charter
   54         school instructional and noninstructional personnel;
   55         providing that fingerprints and background checks of
   56         such personnel who meet certain requirements are valid
   57         for a specified period of time in all school
   58         districts; providing an effective date.
   60  Be It Enacted by the Legislature of the State of Florida:
   62         Section 1. Section 1001.241, Florida Statutes, is created
   63  to read:
   64         1001.241 Third-party credentialing entities.—
   65         (1) The department shall approve one or more third-party
   66  credentialing entities for the purposes of developing and
   67  administering a credentialing program for charter school
   68  principals, charter school governing board members, and charter
   69  school chief financial officers. The approved credentialing
   70  entity shall:
   71         (a) Establish position core competencies, certification
   72  requirements, testing instruments, and recertification
   73  requirements for charter school principals, charter school
   74  governing board members, and charter school chief financial
   75  officers.
   76         (b) Establish a process to administer the certification
   77  application, award, and maintenance processes.
   78         (c) Develop and administer:
   79         1. A code of ethics and disciplinary process.
   80         2. Biennial continuing education requirements and annual
   81  certification renewal requirements.
   82         3. An education provider program to approve training
   83  entities that are qualified to provide precertification training
   84  to applicants and continuing education opportunities to
   85  certified persons.
   86         (2) A credentialing entity shall establish a certification
   87  program that:
   88         (a) Is directly related to the core competencies.
   89         (b) Establishes minimum requirements in each of the
   90  following categories:
   91         1. Training.
   92         2. On-the-job work experience.
   93         3. Supervision.
   94         4. Testing.
   95         5. Biennial continuing education.
   96         (c) Requires adherence to a code of ethics and provides for
   97  a disciplinary process that applies to certified persons.
   98         (d) Approves qualified training entities that provide
   99  precertification training to applicants and continuing education
  100  to charter school principals, charter school governing board
  101  members, and charter school chief financial officers. To avoid a
  102  conflict of interest, a credentialing entity or its affiliate
  103  may not deliver training to an applicant or continuing education
  104  to a certificateholder.
  105         (3) A credentialing entity shall establish application,
  106  examination, and certification fees and an annual certification
  107  renewal fee. The application, examination, and certification fee
  108  may not exceed $225. The annual certification renewal fee may
  109  not exceed $100.
  110         (4) All applicants are subject to level 2 background
  111  screening as provided under chapter 435. An applicant is
  112  ineligible, and a credentialing entity shall deny the
  113  application, if the applicant has been found guilty of, or has
  114  entered a plea of guilty or nolo contendere to, regardless of
  115  adjudication, any offense listed in s. 435.04(2) unless the
  116  department has issued an exemption under s. 397.4872. In
  117  accordance with s. 435.04, the Department of Law Enforcement
  118  shall notify the credentialing entity of the applicant’s
  119  eligibility based on the results of his or her background
  120  screening.
  121         (5) The credentialing entity shall issue a certificate of
  122  compliance upon approval of a person’s application. The
  123  certification shall automatically terminate 1 year after
  124  issuance if not renewed.
  125         (a) A credentialing entity may suspend or revoke the
  126  certificate of compliance of a charter school principal, a
  127  charter school governing board member, or a charter school chief
  128  financial officer if the charter school principal, the charter
  129  school governing board member, or the charter school chief
  130  financial officer fails to adhere to the continuing education
  131  requirements.
  132         (b) A credentialing entity shall revoke a certificate of
  133  compliance of a charter school principal, charter school
  134  governing board member, or charter school chief financial
  135  officer if the charter school principal, charter school
  136  governing board member, or charter school chief financial
  137  officer provides false or misleading information to the
  138  credentialing entity at any time.
  139         (c) If a charter school principal, charter school governing
  140  board member, or charter school chief financial officer is
  141  arrested for or found guilty of, or enters a plea of guilty or
  142  nolo contendere to, regardless of adjudication, any offense
  143  listed in s. 435.04(2) while acting in that capacity, the
  144  charter school shall immediately remove the person from that
  145  position and shall notify the credentialing entity within 3
  146  business days after such removal.
  147         (6) Any decision by a department-recognized credentialing
  148  program to deny certification or otherwise impose sanctions on
  149  an individual who is certified is reviewable by the department.
  150  The individual aggrieved may request an administrative hearing
  151  conducted pursuant to ss. 120.569 and 120.57(1) within 30 days
  152  after receiving an adverse determination after completing any
  153  appeals process offered by the credentialing program.
  154         Section 2. Present paragraphs (g), (h), and (i) of
  155  subsection (12) of section 1002.33, Florida Statutes, are
  156  redesignated as paragraphs (h), (i), and (j), respectively, and
  157  a new paragraph (g) is added to that subsection, paragraph (g)
  158  is added to subsection (8), and paragraph (b) of subsection (6)
  159  and paragraph (a) of subsection (7) of that section are amended,
  160  to read:
  161         1002.33 Charter schools.—
  162         (6) APPLICATION PROCESS AND REVIEW.—Charter school
  163  applications are subject to the following requirements:
  164         (b) A sponsor shall receive and review all applications for
  165  a charter school using the evaluation instrument developed by
  166  the Department of Education. A sponsor shall receive and
  167  consider charter school applications received on or before
  168  August 1 of each calendar year for charter schools to be opened
  169  at the beginning of the school district’s next school year, or
  170  to be opened at a time determined agreed to by the applicant and
  171  the sponsor. A sponsor may not refuse to receive a charter
  172  school application submitted before August 1 and may receive an
  173  application submitted later than August 1 if it chooses.
  174  Beginning in 2018 and thereafter, A sponsor shall also receive
  175  and consider charter school applications received on or before
  176  February 1 of each calendar year for charter schools to be
  177  opened 18 months later at the beginning of the school district’s
  178  school year, or to be opened at a time determined by the
  179  applicant. A sponsor may not refuse to receive a charter school
  180  application submitted before February 1 and may receive an
  181  application submitted later than February 1 if it chooses. A
  182  sponsor may not charge an applicant for a charter any fee for
  183  the processing or consideration of an application, and a sponsor
  184  may not base its consideration or approval of a final
  185  application upon the promise of future payment of any kind. If
  186  an applicant is ready to do so, it may open a charter school
  187  before the school district’s next school year after approval of
  188  the charter school application submitted by either application
  189  deadline. Before approving or denying any application, the
  190  sponsor shall allow the applicant, upon receipt of written
  191  notification, at least 7 calendar days to make technical or
  192  nonsubstantive corrections and clarifications, including, but
  193  not limited to, corrections of grammatical, typographical, and
  194  like errors or missing signatures, if such errors are identified
  195  by the sponsor as cause to deny the final application.
  196         1. In order to facilitate an accurate budget projection
  197  process, a sponsor shall be held harmless for FTE students who
  198  are not included in the FTE projection due to approval of
  199  charter school applications after the FTE projection deadline.
  200  In a further effort to facilitate an accurate budget projection,
  201  within 15 calendar days after receipt of a charter school
  202  application, a sponsor shall report to the Department of
  203  Education the name of the applicant entity, the proposed charter
  204  school location, and its projected FTE.
  205         2. In order to ensure fiscal responsibility, an application
  206  for a charter school shall include a full accounting of expected
  207  assets, a projection of expected sources and amounts of income,
  208  including income derived from projected student enrollments and
  209  from community support, and an expense projection that includes
  210  full accounting of the costs of operation, including start-up
  211  costs.
  212         3.a. A sponsor shall by a majority vote approve or deny an
  213  application no later than 90 calendar days after the application
  214  is received, unless the sponsor and the applicant mutually agree
  215  in writing to temporarily postpone the vote to a specific date,
  216  at which time the sponsor shall by a majority vote approve or
  217  deny the application. If the sponsor fails to act on the
  218  application, an applicant may appeal to the State Board of
  219  Education as provided in paragraph (c). If an application is
  220  denied, the sponsor shall, within 10 calendar days after such
  221  denial, articulate in writing the specific reasons, based upon
  222  good cause, supporting its denial of the application and shall
  223  provide the letter of denial and supporting documentation to the
  224  applicant and to the Department of Education.
  225         b. An application submitted by a high-performing charter
  226  school identified pursuant to s. 1002.331 or a high-performing
  227  charter school system identified pursuant to s. 1002.332 may be
  228  denied by the sponsor only if the sponsor demonstrates by clear
  229  and convincing evidence that:
  230         (I) The application of a high-performing charter school
  231  does not materially comply with the requirements in paragraph
  232  (a) or, for a high-performing charter school system, the
  233  application does not materially comply with s. 1002.332(2)(b);
  234         (II) The charter school proposed in the application does
  235  not materially comply with the requirements in paragraphs
  236  (9)(a)-(f);
  237         (III) The proposed charter school’s educational program
  238  does not substantially replicate that of the applicant or one of
  239  the applicant’s high-performing charter schools;
  240         (IV) The applicant has made a material misrepresentation or
  241  false statement or concealed an essential or material fact
  242  during the application process; or
  243         (V) The proposed charter school’s educational program and
  244  financial management practices do not materially comply with the
  245  requirements of this section.
  247  Material noncompliance is a failure to follow requirements or a
  248  violation of prohibitions applicable to charter school
  249  applications, which failure is quantitatively or qualitatively
  250  significant either individually or when aggregated with other
  251  noncompliance. An applicant is considered to be replicating a
  252  high-performing charter school if the proposed school is
  253  substantially similar to at least one of the applicant’s high
  254  performing charter schools and the organization or individuals
  255  involved in the establishment and operation of the proposed
  256  school are significantly involved in the operation of replicated
  257  schools.
  258         c. If the sponsor denies an application submitted by a
  259  high-performing charter school or a high-performing charter
  260  school system, the sponsor must, within 10 calendar days after
  261  such denial, state in writing the specific reasons, based upon
  262  the criteria in sub-subparagraph b., supporting its denial of
  263  the application and must provide the letter of denial and
  264  supporting documentation to the applicant and to the Department
  265  of Education. The applicant may appeal the sponsor’s denial of
  266  the application in accordance with paragraph (c).
  267         4. For budget projection purposes, the sponsor shall report
  268  to the Department of Education the approval or denial of an
  269  application within 10 calendar days after such approval or
  270  denial. In the event of approval, the report to the Department
  271  of Education shall include the final projected FTE for the
  272  approved charter school.
  273         5. Upon approval of an application, the initial startup
  274  shall commence with the beginning of the public school calendar
  275  for the district in which the charter is granted. A charter
  276  school may defer the opening of the school’s operations for up
  277  to 3 years to provide time for adequate facility planning. The
  278  charter school must provide written notice of such intent to the
  279  sponsor and the parents of enrolled students at least 30
  280  calendar days before the first day of school.
  281         (7) CHARTER.—The terms and conditions for the operation of
  282  a charter school shall be set forth by the sponsor and the
  283  applicant in a written contractual agreement, called a charter.
  284  The sponsor and the governing board of the charter school shall
  285  use the standard charter contract pursuant to subsection (21),
  286  which shall incorporate the approved application and any addenda
  287  approved with the application. Any term or condition of a
  288  proposed charter contract that differs from the standard charter
  289  contract adopted by rule of the State Board of Education shall
  290  be presumed a limitation on charter school flexibility. The
  291  sponsor may not impose unreasonable rules or regulations that
  292  violate the intent of giving charter schools greater flexibility
  293  to meet educational goals. The charter shall be signed by the
  294  governing board of the charter school and the sponsor, following
  295  a public hearing to ensure community input.
  296         (a) The charter shall address and criteria for approval of
  297  the charter shall be based on:
  298         1. The school’s mission, the students to be served, and the
  299  ages and grades to be included.
  300         2. The focus of the curriculum, the instructional methods
  301  to be used, any distinctive instructional techniques to be
  302  employed, and identification and acquisition of appropriate
  303  technologies needed to improve educational and administrative
  304  performance which include a means for promoting safe, ethical,
  305  and appropriate uses of technology which comply with legal and
  306  professional standards.
  307         a. The charter shall ensure that reading is a primary focus
  308  of the curriculum and that resources are provided to identify
  309  and provide specialized instruction for students who are reading
  310  below grade level. The curriculum and instructional strategies
  311  for reading must be consistent with the Next Generation Sunshine
  312  State Standards and grounded in scientifically based reading
  313  research.
  314         b. In order to provide students with access to diverse
  315  instructional delivery models, to facilitate the integration of
  316  technology within traditional classroom instruction, and to
  317  provide students with the skills they need to compete in the
  318  21st century economy, the Legislature encourages instructional
  319  methods for blended learning courses consisting of both
  320  traditional classroom and online instructional techniques.
  321  Charter schools may implement blended learning courses which
  322  combine traditional classroom instruction and virtual
  323  instruction. Students in a blended learning course must be full
  324  time students of the charter school pursuant to s.
  325  1011.61(1)(a)1. Instructional personnel certified pursuant to s.
  326  1012.55 who provide virtual instruction for blended learning
  327  courses may be employees of the charter school or may be under
  328  contract to provide instructional services to charter school
  329  students. At a minimum, such instructional personnel must hold
  330  an active state or school district adjunct certification under
  331  s. 1012.57 for the subject area of the blended learning course.
  332  The funding and performance accountability requirements for
  333  blended learning courses are the same as those for traditional
  334  courses.
  335         3. The current incoming baseline standard of student
  336  academic achievement, the outcomes to be achieved, and the
  337  method of measurement that will be used. The criteria listed in
  338  this subparagraph shall include a detailed description of:
  339         a. How the baseline student academic achievement levels and
  340  prior rates of academic progress will be established.
  341         b. How these baseline rates will be compared to rates of
  342  academic progress achieved by these same students while
  343  attending the charter school.
  344         c. To the extent possible, how these rates of progress will
  345  be evaluated and compared with rates of progress of other
  346  closely comparable student populations.
  348  The district school board is required to provide academic
  349  student performance data to charter schools for each of their
  350  students coming from the district school system, as well as
  351  rates of academic progress of comparable student populations in
  352  the district school system.
  353         4. The methods used to identify the educational strengths
  354  and needs of students and how well educational goals and
  355  performance standards are met by students attending the charter
  356  school. The methods shall provide a means for the charter school
  357  to ensure accountability to its constituents by analyzing
  358  student performance data and by evaluating the effectiveness and
  359  efficiency of its major educational programs. Students in
  360  charter schools shall, at a minimum, participate in the
  361  statewide assessment program created under s. 1008.22.
  362         5. In secondary charter schools, a method for determining
  363  that a student has satisfied the requirements for graduation in
  364  s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
  365         6. A method for resolving conflicts between the governing
  366  board of the charter school and the sponsor.
  367         7. The admissions procedures and dismissal procedures,
  368  including the school’s code of student conduct. Admission or
  369  dismissal must not be based on a student’s academic performance.
  370         8. The ways by which the school will achieve a
  371  racial/ethnic balance reflective of the community it serves or
  372  within the racial/ethnic range of other public schools in the
  373  same school district.
  374         9. The financial and administrative management of the
  375  school, including a reasonable demonstration of the professional
  376  experience or competence of those individuals or organizations
  377  applying to operate the charter school or those hired or
  378  retained to perform such professional services and the
  379  description of clearly delineated responsibilities and the
  380  policies and practices needed to effectively manage the charter
  381  school. A description of internal audit procedures and
  382  establishment of controls to ensure that financial resources are
  383  properly managed must be included. Both public sector and
  384  private sector professional experience shall be equally valid in
  385  such a consideration.
  386         10. The asset and liability projections required in the
  387  application which are incorporated into the charter and shall be
  388  compared with information provided in the annual report of the
  389  charter school.
  390         11. A description of procedures that identify various risks
  391  and provide for a comprehensive approach to reduce the impact of
  392  losses; plans to ensure the safety and security of students and
  393  staff; plans to identify, minimize, and protect others from
  394  violent or disruptive student behavior; and the manner in which
  395  the school will be insured, including whether or not the school
  396  will be required to have liability insurance, and, if so, the
  397  terms and conditions thereof and the amounts of coverage.
  398         12. The term of the charter which shall provide for
  399  cancellation of the charter if insufficient progress has been
  400  made in attaining the student achievement objectives of the
  401  charter and if it is not likely that such objectives can be
  402  achieved before expiration of the charter. The initial term of a
  403  charter shall be for 5 years, excluding 2 planning years. In
  404  order to facilitate access to long-term financial resources for
  405  charter school construction, charter schools that are operated
  406  by a municipality or other public entity as provided by law are
  407  eligible for up to a 15-year charter, subject to approval by the
  408  district school board. A charter lab school is eligible for a
  409  charter for a term of up to 15 years. In addition, to facilitate
  410  access to long-term financial resources for charter school
  411  construction, charter schools that are operated by a private,
  412  not-for-profit, s. 501(c)(3) status corporation are eligible for
  413  up to a 15-year charter, subject to approval by the district
  414  school board. Such long-term charters remain subject to annual
  415  review and may be terminated during the term of the charter, but
  416  only according to the provisions set forth in subsection (8).
  417         13. The facilities to be used and their location. The
  418  sponsor may not require a charter school to have a certificate
  419  of occupancy or a temporary certificate of occupancy for such a
  420  facility earlier than 15 calendar days before the first day of
  421  school.
  422         14. The qualifications to be required of the teachers and
  423  the potential strategies used to recruit, hire, train, and
  424  retain qualified staff to achieve best value.
  425         15. The governance structure of the school, including the
  426  status of the charter school as a public or private employer as
  427  required in paragraph (12)(j) (12)(i).
  428         16. A timetable for implementing the charter which
  429  addresses the implementation of each element thereof and the
  430  date by which the charter shall be awarded in order to meet this
  431  timetable.
  432         17. In the case of an existing public school that is being
  433  converted to charter status, alternative arrangements for
  434  current students who choose not to attend the charter school and
  435  for current teachers who choose not to teach in the charter
  436  school after conversion in accordance with the existing
  437  collective bargaining agreement or district school board rule in
  438  the absence of a collective bargaining agreement. However,
  439  alternative arrangements shall not be required for current
  440  teachers who choose not to teach in a charter lab school, except
  441  as authorized by the employment policies of the state university
  442  which grants the charter to the lab school.
  443         18. Full disclosure of the identity of all relatives
  444  employed by the charter school who are related to the charter
  445  school owner, president, chairperson of the governing board of
  446  directors, superintendent, governing board member, principal,
  447  assistant principal, or any other person employed by the charter
  448  school who has equivalent decisionmaking authority. For the
  449  purpose of this subparagraph, the term “relative” means father,
  450  mother, son, daughter, brother, sister, uncle, aunt, first
  451  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  452  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  453  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  454  stepsister, half brother, or half sister.
  455         19. Implementation of the activities authorized under s.
  456  1002.331 by the charter school when it satisfies the eligibility
  457  requirements for a high-performing charter school. A high
  458  performing charter school shall notify its sponsor in writing by
  459  March 1 if it intends to increase enrollment or expand grade
  460  levels the following school year. The written notice shall
  461  specify the amount of the enrollment increase and the grade
  462  levels that will be added, as applicable.
  464         (g)1. If a charter is terminated or a charter school closes
  465  before the end of a school year or within 3 years after
  466  beginning operations and, after a specific finding by the school
  467  district of material fraud, disregard of generally accepted
  468  accounting principles, or of intentional malfeasance by an
  469  applicant for the charter, the charter school owner, the charter
  470  school president, charter school governing board members, and
  471  the relatives of such owner, upon findings made by the school
  472  district, the applicant for the charter, the charter school
  473  owner, the charter school president, the charter school
  474  governing board members, and the relatives of such owner,
  475  president, or governing board member may not submit an
  476  application to open a charter school in this state pursuant to
  477  subsection (6) for a period of 5 years after the termination of
  478  the charter or closure of the charter school. The applicant for
  479  the charter, the charter school owner, the charter school
  480  president, the charter school governing board members, and the
  481  relatives of such owner, president, or governing board member,
  482  may appeal to the charter appeals commission the school
  483  district’s finding of material fraud, intentional malfeasance,
  484  or disregard of generally accepted accounting principles.
  485         2. If a charter school owner, a charter school president, a
  486  member of a charter school governing board, a charter management
  487  organization, or an education management organization is
  488  convicted of a crime, including, but not limited to, material
  489  fraud or serious financial theft offenses, misrepresentation,
  490  fraud, or misappropriation related to the operation of a charter
  491  school, that owner, president, or governing board member,
  492  including any relatives of such individuals, or the charter
  493  management organization or the education management
  494  organization, may not submit an application to open a charter
  495  school in this state pursuant to subsection (6) for a period of
  496  10 years after such conviction.
  498  For the purpose of this paragraph, the term “relative” has the
  499  same meaning as specified in subparagraph (24)(a)2.
  501         (g) Each charter school principal, governing board member,
  502  chief financial officer, or equivalent position must hold a
  503  valid certification issued by a third-party credentialing entity
  504  that is recognized under s. 1001.241, at least 30 days before
  505  the school opens or within 30 days of the first date of
  506  employment, whichever comes first. The credentialing entity must
  507  certify the individual’s core competence in the administration
  508  of a charter school, including, but not limited to, developing
  509  and adjusting business plans; accurate financial planning and
  510  good business practices, including accounting for costs and
  511  income; state and federal grant and student performance
  512  accountability requirements; identification of, and application
  513  for, state and federal funding sources; and governance,
  514  including government in the sunshine, conflicts of interest,
  515  ethics, and financial responsibility. An individual certified
  516  under this paragraph meets the training requirements under
  517  subparagraph (h)3., paragraph (6)(f), and subparagraph (9)(j)4.
  518         Section 3. Paragraph (d) of subsection (1) of section
  519  1002.45, Florida Statutes, is amended to read:
  520         1002.45 Virtual instruction programs.—
  521         (1) PROGRAM.—
  522         (d) A virtual charter school may provide part-time and
  523  full-time virtual instruction for students in kindergarten
  524  through grade 12 if the virtual charter school has a charter
  525  approved pursuant to s. 1002.33 authorizing full-time virtual
  526  instruction. A virtual charter school may:
  527         1. Contract with the Florida Virtual School.
  528         2. Contract with or be an approved provider under
  529  subsection (2).
  530         3. Enter into an agreement with a school district to allow
  531  the participation of the virtual charter school’s students in
  532  the school district’s virtual instruction program. The agreement
  533  must indicate a process for reporting of student enrollment and
  534  the transfer of funds required by paragraph (7)(e).
  535         Section 4. Paragraph (b) of subsection (2) of section
  536  1012.32, Florida Statutes, is amended to read:
  537         1012.32 Qualifications of personnel.—
  538         (2)
  539         (b) Instructional and noninstructional personnel who are
  540  hired or contracted to fill positions in any charter school and
  541  members of the governing board of any charter school, in
  542  compliance with s. 1002.33(12)(h) s. 1002.33(12)(g), must, upon
  543  employment, engagement of services, or appointment, undergo
  544  background screening as required under s. 1012.465 or s.
  545  1012.56, whichever is applicable, by filing with any single the
  546  district school board for the school district in which one of
  547  the charter governing board’s charter schools the charter school
  548  is located a complete set of fingerprints taken by an authorized
  549  law enforcement agency or an employee of the school or school
  550  district who is trained to take fingerprints. Once such
  551  instructional and noninstructional personnel are fingerprinted
  552  and pass the appropriate background check in any single school
  553  district, such fingerprints and background check shall be valid
  554  for a period of 3 years and valid in all school districts
  555  throughout the state.
  557  Fingerprints shall be submitted to the Department of Law
  558  Enforcement for statewide criminal and juvenile records checks
  559  and to the Federal Bureau of Investigation for federal criminal
  560  records checks. A person subject to this subsection who is found
  561  ineligible for employment under s. 1012.315, or otherwise found
  562  through background screening to have been convicted of any crime
  563  involving moral turpitude as defined by rule of the State Board
  564  of Education, shall not be employed, engaged to provide
  565  services, or serve in any position that requires direct contact
  566  with students. Probationary persons subject to this subsection
  567  terminated because of their criminal record have the right to
  568  appeal such decisions. The cost of the background screening may
  569  be borne by the district school board, the charter school, the
  570  employee, the contractor, or a person subject to this
  571  subsection. A district school board shall reimburse a charter
  572  school the cost of background screening if it does not notify
  573  the charter school of the eligibility of a governing board
  574  member or instructional or noninstructional personnel within the
  575  earlier of 14 days after receipt of the background screening
  576  results from the Florida Department of Law Enforcement or 30
  577  days of submission of fingerprints by the governing board member
  578  or instructional or noninstructional personnel.
  579         Section 5. This act shall take effect January 1, 2020.