Florida Senate - 2019 SB 584 By Senator Cruz 18-00543A-19 2019584__ 1 A bill to be entitled 2 An act relating to charter schools; amending s. 3 1002.33, F.S.; prohibiting charter schools from 4 operating as, or being operated by, a for-profit 5 corporation, a for-profit educational management 6 organization, or a for-profit charter management 7 organization; defining the terms “for-profit 8 educational management organization,” “for-profit 9 charter management organization,” and “operate as, or 10 be operated by”; prohibiting a charter school from 11 entering into a subcontract to avoid certain 12 requirements; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Subsection (1) of section 1002.33, Florida 17 Statutes, is amended to read: 18 1002.33 Charter schools.— 19 (1) AUTHORIZATION.— 20 (a) All charter schools in Florida are public schools and 21 shall be part of the state’s program of public education. A 22 charter school may be formed by creating a new school or 23 converting an existing public school to charter status. A 24 charter school may operate a virtual charter school pursuant to 25 s. 1002.45(1)(d) to provide full-time online instruction to 26 students, pursuant to s. 1002.455, in kindergarten through grade 27 12. The school district in which the student enrolls in the 28 virtual charter school shall report the student for funding 29 pursuant to s. 1011.61(1)(c)1.b.(VI), and the home school 30 district may
shallnot report the student for funding. An 31 existing charter school that is seeking to become a virtual 32 charter school must amend its charter or submit a new 33 application pursuant to subsection (6) to become a virtual 34 charter school. A virtual charter school is subject to the 35 requirements of this section; however, a virtual charter school 36 is exempt from subsections (18) and (19), paragraph (20)(c), and 37 s. 1003.03. A public school may not use the term charter in its 38 name unless it has been approved under this section. 39 (b) A charter school may not operate as, or be operated by, 40 a for-profit corporation, a for-profit educational management 41 organization, or a for-profit charter management organization. 42 For purposes of this section, the terms “for-profit educational 43 management organization” and “for-profit charter management 44 organization” refer to such entities that manage or operate a 45 charter school. 46 1. As used in this subsection, the term “operate as, or be 47 operated by” refers to the provision of services by a for-profit 48 corporation, a for-profit educational management organization, 49 or a for-profit charter management organization to a charter 50 school, including any of the following: 51 a. The nomination, appointment, or removal of board members 52 or officers of the charter school. 53 b. The employment, supervision, or dismissal of employees 54 or contractors of the charter school, including certificated and 55 noncertificated school personnel. 56 c. Management of the charter school’s day-to-day operations 57 in the capacity of an administrative manager. 58 d. The approval, denial, or management of the budget or any 59 expenditures of the charter school which are not authorized by 60 the governing body of the charter school. 61 e. Services provided to the charter school before the 62 governing body of the charter school has approved the contract 63 for such services at a publicly noticed meeting. 64 f. The development of the school’s curriculum. 65 g. The provision of funding or financing. 66 h. Services related to construction or renovation. 67 i. The lease, sale, or purchase of real estate. 68 2. A charter school may not enter into a subcontract to 69 avoid the prohibition imposed by this paragraph. 70 Section 2. This act shall take effect July 1, 2019.