Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. PCS (813072) for SB 7070 Ì877140ÃÎ877140 LEGISLATIVE ACTION Senate . House Comm: WD . 04/19/2019 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Lee) recommended the following: 1 Senate Amendment to Amendment (782410) (with title 2 amendment) 3 4 Between lines 201 and 202 5 insert: 6 Section 4. Paragraph (a) of subsection (7) of section 7 1002.33, Florida Statutes, is amended to read 8 1002.33 Charter schools.— 9 (7) CHARTER.—The terms and conditions for the operation of 10 a charter school shall be set forth by the sponsor and the 11 applicant in a written contractual agreement, called a charter. 12 The sponsor and the governing board of the charter school shall 13 use the standard charter contract pursuant to subsection (21), 14 which shall incorporate the approved application and any addenda 15 approved with the application. Any term or condition of a 16 proposed charter contract that differs from the standard charter 17 contract adopted by rule of the State Board of Education shall 18 be presumed a limitation on charter school flexibility. The 19 sponsor may not impose unreasonable rules or regulations that 20 violate the intent of giving charter schools greater flexibility 21 to meet educational goals. The charter shall be signed by the 22 governing board of the charter school and the sponsor, following 23 a public hearing to ensure community input. 24 (a) The charter shall address and criteria for approval of 25 the charter shall be based on: 26 1. The school’s mission, the students to be served, and the 27 ages and grades to be included. 28 2. The focus of the curriculum, the instructional methods 29 to be used, any distinctive instructional techniques to be 30 employed, and identification and acquisition of appropriate 31 technologies needed to improve educational and administrative 32 performance which include a means for promoting safe, ethical, 33 and appropriate uses of technology which comply with legal and 34 professional standards. 35 a. The charter shall ensure that reading is a primary focus 36 of the curriculum and that resources are provided to identify 37 and provide specialized instruction for students who are reading 38 below grade level. The curriculum and instructional strategies 39 for reading must be consistent with the Next Generation Sunshine 40 State Standards and grounded in scientifically based reading 41 research. 42 b. In order to provide students with access to diverse 43 instructional delivery models, to facilitate the integration of 44 technology within traditional classroom instruction, and to 45 provide students with the skills they need to compete in the 46 21st century economy, the Legislature encourages instructional 47 methods for blended learning courses consisting of both 48 traditional classroom and online instructional techniques. 49 Charter schools may implement blended learning courses which 50 combine traditional classroom instruction and virtual 51 instruction. Students in a blended learning course must be full 52 time students of the charter school pursuant to s. 53 1011.61(1)(a)1. Instructional personnel certified pursuant to s. 54 1012.55 who provide virtual instruction for blended learning 55 courses may be employees of the charter school or may be under 56 contract to provide instructional services to charter school 57 students. At a minimum, such instructional personnel must hold 58 an active state or school district adjunct certification under 59 s. 1012.57 for the subject area of the blended learning course. 60 The funding and performance accountability requirements for 61 blended learning courses are the same as those for traditional 62 courses. 63 3. The current incoming baseline standard of student 64 academic achievement, the outcomes to be achieved, and the 65 method of measurement that will be used. The criteria listed in 66 this subparagraph shall include a detailed description of: 67 a. How the baseline student academic achievement levels and 68 prior rates of academic progress will be established. 69 b. How these baseline rates will be compared to rates of 70 academic progress achieved by these same students while 71 attending the charter school. 72 c. To the extent possible, how these rates of progress will 73 be evaluated and compared with rates of progress of other 74 closely comparable student populations. 75 76 The district school board is required to provide academic 77 student performance data to charter schools for each of their 78 students coming from the district school system, as well as 79 rates of academic progress of comparable student populations in 80 the district school system. 81 4. The methods used to identify the educational strengths 82 and needs of students and how well educational goals and 83 performance standards are met by students attending the charter 84 school. The methods shall provide a means for the charter school 85 to ensure accountability to its constituents by analyzing 86 student performance data and by evaluating the effectiveness and 87 efficiency of its major educational programs. Students in 88 charter schools shall, at a minimum, participate in the 89 statewide assessment program created under s. 1008.22. 90 5. In secondary charter schools, a method for determining 91 that a student has satisfied the requirements for graduation in 92 s. 1002.3105(5), s. 1003.4281, or s. 1003.4282. 93 6. A method for resolving conflicts between the governing 94 board of the charter school and the sponsor. 95 7. The admissions procedures and dismissal procedures, 96 including the school’s code of student conduct. Admission or 97 dismissal must not be based on a student’s academic performance. 98 8. The ways by which the school will achieve a 99 racial/ethnic balance reflective of the community it serves or 100 within the racial/ethnic range of other public schools in the 101 same school district. 102 9. The financial and administrative management of the 103 school, including a reasonable demonstration of the professional 104 experience or competence of those individuals or organizations 105 applying to operate the charter school or those hired or 106 retained to perform such professional services and the 107 description of clearly delineated responsibilities and the 108 policies and practices needed to effectively manage the charter 109 school. A description of internal audit procedures and 110 establishment of controls to ensure that financial resources are 111 properly managed must be included. Both public sector and 112 private sector professional experience shall be equally valid in 113 such a consideration. 114 10. The asset and liability projections required in the 115 application which are incorporated into the charter and shall be 116 compared with information provided in the annual report of the 117 charter school. 118 11. A description of procedures that identify various risks 119 and provide for a comprehensive approach to reduce the impact of 120 losses; plans to ensure the safety and security of students and 121 staff; plans to identify, minimize, and protect others from 122 violent or disruptive student behavior; and the manner in which 123 the school will be insured, including whether or not the school 124 will be required to have liability insurance, and, if so, the 125 terms and conditions thereof and the amounts of coverage. 126 12. The term of the charter which shall provide for 127 cancellation of the charter if insufficient progress has been 128 made in attaining the student achievement objectives of the 129 charter and if it is not likely that such objectives can be 130 achieved before expiration of the charter. The initial term of a 131 charter shall be for 5 years, excluding 2 planning years. In 132 order to facilitate access to long-term financial resources for 133 charter school construction, charter schools that are operated 134 by a municipality or other public entity as provided by law are 135 eligible for up to a 15-year charter, subject to approval by the 136 district school board. A charter lab school is eligible for a 137 charter for a term of up to 15 years. In addition, to facilitate 138 access to long-term financial resources for charter school 139 construction, charter schools that are operated by a private, 140 not-for-profit, s. 501(c)(3) status corporation are eligible for 141 up to a 15-year charter, subject to approval by the district 142 school board. Such long-term charters remain subject to annual 143 review and may be terminated during the term of the charter, but 144 only according to the provisions set forth in subsection (8). 145 13. The facilities to be used and their location. The 146 applicant must identify a specific school zone within the 147 district for the proposed charter school to ensure that the 148 proposed charter school locates in reasonable proximity to the 149 student population identified within the charter school 150 application. The sponsor may not require a charter school to 151 have a certificate of occupancy or a temporary certificate of 152 occupancy for such a facility earlier than 15 calendar days 153 before the first day of school. 154 14. The qualifications to be required of the teachers and 155 the potential strategies used to recruit, hire, train, and 156 retain qualified staff to achieve best value. 157 15. The governance structure of the school, including the 158 status of the charter school as a public or private employer as 159 required in paragraph (12)(i). 160 16. A timetable for implementing the charter which 161 addresses the implementation of each element thereof and the 162 date by which the charter shall be awarded in order to meet this 163 timetable. 164 17. In the case of an existing public school that is being 165 converted to charter status, alternative arrangements for 166 current students who choose not to attend the charter school and 167 for current teachers who choose not to teach in the charter 168 school after conversion in accordance with the existing 169 collective bargaining agreement or district school board rule in 170 the absence of a collective bargaining agreement. However, 171 alternative arrangements shall not be required for current 172 teachers who choose not to teach in a charter lab school, except 173 as authorized by the employment policies of the state university 174 which grants the charter to the lab school. 175 18. Full disclosure of the identity of all relatives 176 employed by the charter school who are related to the charter 177 school owner, president, chairperson of the governing board of 178 directors, superintendent, governing board member, principal, 179 assistant principal, or any other person employed by the charter 180 school who has equivalent decisionmaking authority. For the 181 purpose of this subparagraph, the term “relative” means father, 182 mother, son, daughter, brother, sister, uncle, aunt, first 183 cousin, nephew, niece, husband, wife, father-in-law, mother-in 184 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, 185 stepfather, stepmother, stepson, stepdaughter, stepbrother, 186 stepsister, half brother, or half sister. 187 19. Implementation of the activities authorized under s. 188 1002.331 by the charter school when it satisfies the eligibility 189 requirements for a high-performing charter school. A high 190 performing charter school shall notify its sponsor in writing by 191 March 1 if it intends to increase enrollment or expand grade 192 levels the following school year. The written notice shall 193 specify the amount of the enrollment increase and the grade 194 levels that will be added, as applicable. 195 196 ================= T I T L E A M E N D M E N T ================ 197 And the title is amended as follows: 198 Delete line 2181 199 and insert: 200 private educational choice options; amending s. 201 1002.33, F.S.; authorizing school districts to 202 condition approval of a charter upon certain criteria; 203 amending s.