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 shall not 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.