Florida Senate - 2020                             CS for SB 1578
       By the Committee on Education; and Senator Hutson
       581-03026-20                                          20201578c1
    1                        A bill to be entitled                      
    2         An act relating to education; creating s. 1002.24,
    3         F.S.; providing legislative findings and intent;
    4         requiring the Department of Education to collect
    5         certain information about career preparation and
    6         placement in this state; requiring the department to
    7         annually distribute such information to school
    8         guidance counselors at each public high school in this
    9         state; requiring such career preparation and placement
   10         information to be distributed to students by a certain
   11         date each year; authorizing the department to enter
   12         into a memorandum of understanding to share the career
   13         preparation and placement information with other state
   14         agencies; amending s. 1002.33, F.S.; authorizing state
   15         universities designated by the State Board of
   16         Education to sponsor a charter school; authorizing a
   17         Florida College System institution designated by the
   18         state board to sponsor a charter school under certain
   19         circumstances; authorizing a state university or
   20         Florida College System institution to deny an
   21         application for a charter school; revising
   22         requirements for the report made by sponsors to the
   23         Department of Education; eliminating a requirement
   24         that a charter school working with a Florida College
   25         System institution must implement a blended learning
   26         instructional model; providing that the board of
   27         trustees of a sponsoring state university or Florida
   28         College System institution is the local educational
   29         agency for purposes of receiving federal funds for
   30         sponsored charter schools; providing that a student
   31         enrolled in a charter school that is sponsored by a
   32         state university or a Florida College System
   33         institution may not be included in the calculation of
   34         a school district’s grade; requiring the department,
   35         in collaboration with charter school sponsors and
   36         charter school operators, to develop a sponsor
   37         evaluation framework that must address certain
   38         requirements; deleting a provision related to
   39         acceptance and consideration of charter school
   40         applications; deleting a provision requiring that
   41         initial startup of a charter school commence within a
   42         specified timeframe; providing that charter schools
   43         operated by a municipality, a public entity, or a
   44         private, not-for-profit organization are eligible for
   45         a 15-year charter if approved by the sponsor;
   46         requiring sponsors to report a charter school that
   47         closes as part of a consolidation; clarifying the
   48         circumstances under which a charter may be terminated
   49         immediately; providing for certain property,
   50         improvements, furnishings, and equipment to revert to
   51         the sponsor upon dissolution of a charter school;
   52         providing that a sponsor may not assume charter school
   53         debt except under certain circumstances; authorizing
   54         charter schools to limit the enrollment process to
   55         target certain additional student populations;
   56         requiring that any arrangement entered into to borrow
   57         or otherwise secure funds for a charter school from
   58         certain sources indemnify the sponsor, rather than the
   59         school district; specifying funding requirements for
   60         students enrolled in a charter school sponsored by a
   61         state university or a Florida College System
   62         institution; requiring a local governing authority to
   63         provide a written justification for any challenged
   64         requirements, restrictions, and site planning
   65         processes, under certain circumstances; requiring
   66         courts to award attorney fees and court costs to a
   67         charter school if they determine that a local
   68         governing authority failed to treat a charter school
   69         equitably; providing that places of worship, rather
   70         than only specifically churches, may provide space to
   71         charter schools in their facilities; prohibiting local
   72         governing authorities from imposing additional
   73         requirements on such facilities; requiring that the
   74         educational occupant load for a charter school within
   75         such facilities be based solely on the criteria set
   76         forth in the Florida Building Code and the Florida
   77         Fire Prevention Code; authorizing a school district to
   78         enter into an agreement to plan, design, and construct
   79         a charter school and to serve as the financial agent,
   80         lienholder, or lessor; requiring a sponsor to provide
   81         access to the sponsor’s student information systems
   82         and student performance data in certain circumstances;
   83         amending s. 1002.333, F.S.; requiring the department
   84         to annually provide to school districts a list of
   85         certain facilities; requiring the department to update
   86         and publish a final list of such facilities owned or
   87         operated by each school district by a certain date;
   88         authorizing allocated funds that are not disbursed by
   89         a certain date to be carried forward for up to 7 years
   90         after the date of the original appropriation; amending
   91         s. 1003.493, F.S.; authorizing charter schools to
   92         offer career and professional academies; amending s.
   93         1013.385, F.S.; deleting provisions authorizing
   94         certain resolutions to propose the implementation of
   95         specified exceptions to certain building code
   96         requirements; providing that resolutions may implement
   97         exceptions to certain sections of the Florida Building
   98         Code that limit the ability of a school district to
   99         design and construct a facility in the same manner as
  100         a charter school; reenacting ss. 11.40(c)(2),
  101         163.3180(6)(h), 196.1983, 218.39(1)(e),
  102         381.0056(4)(a), 409.1664(1)(b), 409.9072(1),
  103         944.801(7), 951.176(1), 1006.15(3)(d), 1008.33(3)(c),
  104         and 1011.61(1)(c), F.S., relating to the Legislative
  105         Auditing Committee, concurrency, the charter school
  106         exemption from ad valorem taxes, annual financial
  107         audit reports, the school health services program,
  108         adoption benefits for qualifying adoptive employees of
  109         state agencies, Medicaid provider agreements for
  110         charter schools and private schools, education for
  111         state prisoners, provision of education, student
  112         standards for participation in interscholastic and
  113         intrascholastic extracurricular student activities,
  114         authority to enforce public school improvement, and
  115         definitions for the Florida Education Finance Program,
  116         respectively, to incorporate the amendment made to s.
  117         1002.33, F.S., in references thereto; providing
  118         effective dates.
  120  Be It Enacted by the Legislature of the State of Florida:
  122         Section 1. Effective January 1, 2021, section 1002.24,
  123  Florida Statutes, is created to read:
  124         1002.24 Career landscape information.—
  125         (1)LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
  126  that high school students should be provided the information
  127  necessary to make informed decisions about their futures and to
  128  ensure that they are aware of the costs of attending a
  129  postsecondary institution. The Legislature also finds that high
  130  school students should be provided with information regarding
  131  alternative career paths.
  133  of Education shall collect and compile all of the following
  134  information annually:
  135         (a)The jobs in this state for which there is the highest
  136  demand for employees, including the starting salary and the
  137  required level of education for such jobs.
  138         (b)The average cost of attendance, including in-state
  139  tuition, fees, and, if applicable, room and board, for career
  140  and technical education programs, Florida College System
  141  institutions, and state universities.
  142         (c)The respective average monthly student loan payments of
  143  students upon graduation from such programs, institutions, and
  144  universities.
  145         (d)The respective average 3-year student loan default
  146  rates for such programs, institutions, and universities.
  147         (e)The respective average graduation rates for such
  148  programs, institutions, and universities.
  149         (f)The completion rates for apprenticeship programs,
  150  educational credential programs, career and technical education
  151  programs, and first-term military enlisted personnel,
  152  respectively.
  153         (g)The percentage of college graduates working in
  154  occupations that do not require a college degree, listed by
  155  major.
  156         (h)The average starting salaries for individuals
  157  graduating from career and technical education programs in this
  158  state, Florida College System institutions, and state
  159  universities, respectively.
  160         (3)INFORMATION DISTRIBUTION.—The information collected by
  161  the Department of Education under subsection (2) must be
  162  distributed to school guidance counselors at each public high
  163  school in this state and made available to students by no later
  164  than October 15 of each year.
  165         (4)DATA SHARING.—The Department of Education may execute a
  166  memorandum of understanding with any state agency, or a
  167  department or division thereof, to gain access to the
  168  information required to be collected under subsection (2).
  169         Section 2. Paragraph (c) of subsection (2), subsection (5),
  170  paragraph (b) of subsection (6), paragraphs (a) and (d) of
  171  subsection (7), paragraphs (c), (d), and (e) of subsection (8),
  172  paragraphs (g) and (n) of subsection (9), paragraph (e) of
  173  subsection (10), subsection (14), paragraph (c) of subsection
  174  (15), paragraphs (a), (b), and (e) of subsection (17),
  175  paragraphs (a), (c), and (e) of subsection (18), subsections
  176  (20) and (21), paragraph (a) of subsection (25), and subsection
  177  (28) of section 1002.33, Florida Statutes, are amended to read:
  178         1002.33 Charter schools.—
  180         (c) Charter schools may fulfill the following purposes:
  181         1. Create innovative measurement tools.
  182         2. Provide rigorous competition within the public school
  183  system district to stimulate continual improvement in all public
  184  schools.
  185         3. Expand the capacity of the public school system.
  186         4. Mitigate the educational impact created by the
  187  development of new residential dwelling units.
  188         5. Create new professional opportunities for teachers,
  189  including ownership of the learning program at the school site.
  190         (5) SPONSOR; DUTIES.—
  191         (a) Sponsoring entities.—
  192         1. A district school board may sponsor a charter school in
  193  the county over which the district school board has
  194  jurisdiction.
  195         2. A state university may grant a charter to a lab school
  196  created under s. 1002.32 and shall be considered to be the
  197  school’s sponsor. Such school shall be considered a charter lab
  198  school.
  199         3. Because needs relating to educational capacity,
  200  workforce qualifications, and career education opportunities are
  201  constantly changing and extend beyond school district
  202  boundaries:
  203         a. A state university, upon receiving approval from the
  204  State Board of Education, may solicit applications and sponsor a
  205  charter school to meet regional education or workforce demands
  206  by serving students from multiple school districts.
  207         b. A Florida College System institution, upon receiving
  208  approval from the State Board of Education, may solicit
  209  applications and sponsor a charter school in any county within
  210  its service area to meet workforce demands and may offer
  211  postsecondary programs leading to industry certifications to
  212  eligible charter school students. A charter school developed
  213  under subparagraph (b)4. is not eligible to be sponsored by a
  214  Florida College System institution until its existing charter
  215  with the school district expires, as provided in subsection (7).
  216         c. Notwithstanding paragraph (6)(b), a state university or
  217  a Florida College System institution may deny an application for
  218  a charter school, at which point provisions outlined in
  219  subsection (6)(c)1. are not applicable.
  220         (b) Sponsor duties.—
  221         1.a. The sponsor shall monitor and review the charter
  222  school in its progress toward the goals established in the
  223  charter.
  224         b. The sponsor shall monitor the revenues and expenditures
  225  of the charter school and perform the duties provided in s.
  226  1002.345.
  227         c. The sponsor may approve a charter for a charter school
  228  before the applicant has identified space, equipment, or
  229  personnel, if the applicant indicates approval is necessary for
  230  it to raise working funds.
  231         d. The sponsor shall not apply its policies to a charter
  232  school unless mutually agreed to by both the sponsor and the
  233  charter school. If the sponsor subsequently amends any agreed
  234  upon sponsor policy, the version of the policy in effect at the
  235  time of the execution of the charter, or any subsequent
  236  modification thereof, shall remain in effect and the sponsor may
  237  not hold the charter school responsible for any provision of a
  238  newly revised policy until the revised policy is mutually agreed
  239  upon.
  240         e. The sponsor shall ensure that the charter is innovative
  241  and consistent with the state education goals established by s.
  242  1000.03(5).
  243         f. The sponsor shall ensure that the charter school
  244  participates in the state’s education accountability system. If
  245  a charter school falls short of performance measures included in
  246  the approved charter, the sponsor shall report such shortcomings
  247  to the Department of Education.
  248         g. The sponsor shall not be liable for civil damages under
  249  state law for personal injury, property damage, or death
  250  resulting from an act or omission of an officer, employee,
  251  agent, or governing body of the charter school.
  252         h. The sponsor shall not be liable for civil damages under
  253  state law for any employment actions taken by an officer,
  254  employee, agent, or governing body of the charter school.
  255         i. The sponsor’s duties to monitor the charter school shall
  256  not constitute the basis for a private cause of action.
  257         j. The sponsor shall not impose additional reporting
  258  requirements on a charter school without providing reasonable
  259  and specific justification in writing to the charter school.
  260         k. The sponsor shall submit an annual report to the
  261  Department of Education in a web-based format to be determined
  262  by the department.
  263         (I) The report must shall include the following
  264  information:
  265         (A) The number of draft applications received on or before
  266  May 1 and each applicant’s contact information.
  267         (A)(B) The number of final applications received on or
  268  before February August 1 and each applicant’s contact
  269  information.
  270         (B)(C) The date each application was approved, denied, or
  271  withdrawn.
  272         (C)(D) The date each final contract was executed.
  273         (II) By each November 1 Beginning August 31, 2013, and each
  274  year thereafter, the sponsor shall submit to the department the
  275  information for the applications submitted the previous year.
  276         (III) The department shall compile an annual report, by
  277  sponsor district, and post the report on its website by January
  278  15 November 1 of each year.
  279         2. Immunity for the sponsor of a charter school under
  280  subparagraph 1. applies only with respect to acts or omissions
  281  not under the sponsor’s direct authority as described in this
  282  section.
  283         3. This paragraph does not waive a sponsor’s district
  284  school board’s sovereign immunity.
  285         4. A Florida College System institution may work with the
  286  school district or school districts in its designated service
  287  area to develop charter schools that offer secondary education.
  288  These charter schools must include an option for students to
  289  receive an associate degree upon high school graduation. If a
  290  Florida College System institution operates an approved teacher
  291  preparation program under s. 1004.04 or s. 1004.85, the
  292  institution may operate no more than one charter schools school
  293  that serve serves students in kindergarten through grade 12 in
  294  any school district within county or counties served by the
  295  institution as specified in s. 1000.21(3). In kindergarten
  296  through grade 8, the charter school shall implement innovative
  297  blended learning instructional models in which, for a given
  298  course, a student learns in part through online delivery of
  299  content and instruction with some element of student control
  300  over time, place, path, or pace and in part at a supervised
  301  brick-and-mortar location away from home. A student in a blended
  302  learning course must be a full-time student of the charter
  303  school and receive the online instruction in a classroom setting
  304  at the charter school. District school boards shall cooperate
  305  with and assist the Florida College System institution on the
  306  charter application. Florida College System institution
  307  applications for charter schools are not subject to the time
  308  deadlines outlined in subsection (6) and may be approved by the
  309  district school board at any time during the year. Florida
  310  College System institutions may not report FTE for any students
  311  participating under this subparagraph who receive FTE funding
  312  through the Florida Education Finance Program.
  313         5. A school district may enter into nonexclusive interlocal
  314  agreements with federal and state agencies, counties,
  315  municipalities, and other governmental entities that operate
  316  within the geographical borders of the school district to act on
  317  behalf of such governmental entities in the inspection,
  318  issuance, and other necessary activities for all necessary
  319  permits, licenses, and other permissions that a charter school
  320  needs in order for development, construction, or operation. A
  321  charter school may use, but may not be required to use, a school
  322  district for these services. The interlocal agreement must
  323  include, but need not be limited to, the identification of fees
  324  that charter schools will be charged for such services. The fees
  325  must consist of the governmental entity’s fees plus a fee for
  326  the school district to recover no more than actual costs for
  327  providing such services. These services and fees are not
  328  included within the services to be provided pursuant to
  329  subsection (20).
  330         6. The board of trustees of a state university or a Florida
  331  College System institution that sponsors a charter school as
  332  provided in paragraph (a) is the local educational agency for
  333  any charter school it sponsors for the purpose of receiving
  334  federal funds and shall accept full responsibility for
  335  compliance with all requirements imposed by law on local
  336  educational agencies and the schools for which it performs local
  337  educational agency responsibilities. A student enrolled in a
  338  charter school that is sponsored by a state university or a
  339  Florida College System institution may not be included in the
  340  calculation of the school district’s grade under s. 1008.34(5)
  341  for the school district in which the student resides.
  342         (c)Sponsor accountability.
  343         1.The department, in collaboration with charter school
  344  sponsors and charter school operators, shall develop a sponsor
  345  evaluation framework that, at a minimum, addresses all of the
  346  following:
  347         a.The sponsor’s strategic vision for charter school
  348  authorization and the sponsor’s progress toward that vision.
  349         b.The alignment of the sponsor’s policies and practices
  350  with best practices for charter school authorization.
  351         c.The academic and financial performance of all operating
  352  charter schools overseen by the sponsor.
  353         d.The status of all charter schools authorized by the
  354  sponsor, including approved, operating, and closed schools.
  355         2.The department shall compile the results of the
  356  evaluation conducted under subparagraph 1., by sponsor, and
  357  include them in the annual report required under sub-sub
  358  subparagraph (b)1.k.(III).
  359         (6) APPLICATION PROCESS AND REVIEW.—Charter school
  360  applications are subject to the following requirements:
  361         (b) A sponsor shall receive and review all applications for
  362  a charter school using the evaluation instrument developed by
  363  the Department of Education. A sponsor shall receive and
  364  consider charter school applications received on or before
  365  August 1 of each calendar year for charter schools to be opened
  366  at the beginning of the school district’s next school year, or
  367  to be opened at a time agreed to by the applicant and the
  368  sponsor. A sponsor may not refuse to receive a charter school
  369  application submitted before August 1 and may receive an
  370  application submitted later than August 1 if it chooses.
  371  Beginning in 2018 and thereafter, A sponsor shall receive and
  372  consider charter school applications received on or before
  373  February 1 of each calendar year for charter schools to be
  374  opened 18 months later at the beginning of the school district’s
  375  school year, or to be opened at a time determined by the
  376  applicant. A sponsor may not refuse to receive a charter school
  377  application submitted before February 1 and may receive an
  378  application submitted later than February 1 if it chooses. A
  379  sponsor may not charge an applicant for a charter any fee for
  380  the processing or consideration of an application, and a sponsor
  381  may not base its consideration or approval of a final
  382  application upon the promise of future payment of any kind.
  383  Before approving or denying any application, the sponsor shall
  384  allow the applicant, upon receipt of written notification, at
  385  least 7 calendar days to make technical or nonsubstantive
  386  corrections and clarifications, including, but not limited to,
  387  corrections of grammatical, typographical, and like errors or
  388  missing signatures, if such errors are identified by the sponsor
  389  as cause to deny the final application.
  390         1. In order to facilitate an accurate budget projection
  391  process, a sponsor shall be held harmless for FTE students who
  392  are not included in the FTE projection due to approval of
  393  charter school applications after the FTE projection deadline.
  394  In a further effort to facilitate an accurate budget projection,
  395  within 15 calendar days after receipt of a charter school
  396  application, a sponsor shall report to the Department of
  397  Education the name of the applicant entity, the proposed charter
  398  school location, and its projected FTE.
  399         2. In order to ensure fiscal responsibility, an application
  400  for a charter school shall include a full accounting of expected
  401  assets, a projection of expected sources and amounts of income,
  402  including income derived from projected student enrollments and
  403  from community support, and an expense projection that includes
  404  full accounting of the costs of operation, including start-up
  405  costs.
  406         3.a. A sponsor shall by a majority vote approve or deny an
  407  application no later than 90 calendar days after the application
  408  is received, unless the sponsor and the applicant mutually agree
  409  in writing to temporarily postpone the vote to a specific date,
  410  at which time the sponsor shall by a majority vote approve or
  411  deny the application. If the sponsor fails to act on the
  412  application, an applicant may appeal to the State Board of
  413  Education as provided in paragraph (c). If an application is
  414  denied, the sponsor shall, within 10 calendar days after such
  415  denial, articulate in writing the specific reasons, based upon
  416  good cause, supporting its denial of the application and shall
  417  provide the letter of denial and supporting documentation to the
  418  applicant and to the Department of Education.
  419         b. An application submitted by a high-performing charter
  420  school identified pursuant to s. 1002.331 or a high-performing
  421  charter school system identified pursuant to s. 1002.332 may be
  422  denied by the sponsor only if the sponsor demonstrates by clear
  423  and convincing evidence that:
  424         (I) The application of a high-performing charter school
  425  does not materially comply with the requirements in paragraph
  426  (a) or, for a high-performing charter school system, the
  427  application does not materially comply with s. 1002.332(2)(b);
  428         (II) The charter school proposed in the application does
  429  not materially comply with the requirements in paragraphs
  430  (9)(a)-(f);
  431         (III) The proposed charter school’s educational program
  432  does not substantially replicate that of the applicant or one of
  433  the applicant’s high-performing charter schools;
  434         (IV) The applicant has made a material misrepresentation or
  435  false statement or concealed an essential or material fact
  436  during the application process; or
  437         (V) The proposed charter school’s educational program and
  438  financial management practices do not materially comply with the
  439  requirements of this section.
  441  Material noncompliance is a failure to follow requirements or a
  442  violation of prohibitions applicable to charter school
  443  applications, which failure is quantitatively or qualitatively
  444  significant either individually or when aggregated with other
  445  noncompliance. An applicant is considered to be replicating a
  446  high-performing charter school if the proposed school is
  447  substantially similar to at least one of the applicant’s high
  448  performing charter schools and the organization or individuals
  449  involved in the establishment and operation of the proposed
  450  school are significantly involved in the operation of replicated
  451  schools.
  452         c. If the sponsor denies an application submitted by a
  453  high-performing charter school or a high-performing charter
  454  school system, the sponsor must, within 10 calendar days after
  455  such denial, state in writing the specific reasons, based upon
  456  the criteria in sub-subparagraph b., supporting its denial of
  457  the application and must provide the letter of denial and
  458  supporting documentation to the applicant and to the Department
  459  of Education. The applicant may appeal the sponsor’s denial of
  460  the application in accordance with paragraph (c).
  461         4. For budget projection purposes, the sponsor shall report
  462  to the Department of Education the approval or denial of an
  463  application within 10 calendar days after such approval or
  464  denial. In the event of approval, the report to the Department
  465  of Education shall include the final projected FTE for the
  466  approved charter school.
  467         5. Upon approval of an application, the initial startup
  468  shall commence with the beginning of the public school calendar
  469  for the district in which the charter is granted. A charter
  470  school may defer the opening of the school’s operations for up
  471  to 3 years to provide time for adequate facility planning. The
  472  charter school must provide written notice of such intent to the
  473  sponsor and the parents of enrolled students at least 30
  474  calendar days before the first day of school.
  475         (7) CHARTER.—The terms and conditions for the operation of
  476  a charter school shall be set forth by the sponsor and the
  477  applicant in a written contractual agreement, called a charter.
  478  The sponsor and the governing board of the charter school shall
  479  use the standard charter contract pursuant to subsection (21),
  480  which shall incorporate the approved application and any addenda
  481  approved with the application. Any term or condition of a
  482  proposed charter contract that differs from the standard charter
  483  contract adopted by rule of the State Board of Education shall
  484  be presumed a limitation on charter school flexibility. The
  485  sponsor may not impose unreasonable rules or regulations that
  486  violate the intent of giving charter schools greater flexibility
  487  to meet educational goals. The charter shall be signed by the
  488  governing board of the charter school and the sponsor, following
  489  a public hearing to ensure community input.
  490         (a) The charter shall address and criteria for approval of
  491  the charter shall be based on:
  492         1. The school’s mission, the students to be served, and the
  493  ages and grades to be included.
  494         2. The focus of the curriculum, the instructional methods
  495  to be used, any distinctive instructional techniques to be
  496  employed, and identification and acquisition of appropriate
  497  technologies needed to improve educational and administrative
  498  performance which include a means for promoting safe, ethical,
  499  and appropriate uses of technology which comply with legal and
  500  professional standards.
  501         a. The charter shall ensure that reading is a primary focus
  502  of the curriculum and that resources are provided to identify
  503  and provide specialized instruction for students who are reading
  504  below grade level. The curriculum and instructional strategies
  505  for reading must be consistent with the Next Generation Sunshine
  506  State Standards and grounded in scientifically based reading
  507  research.
  508         b. In order to provide students with access to diverse
  509  instructional delivery models, to facilitate the integration of
  510  technology within traditional classroom instruction, and to
  511  provide students with the skills they need to compete in the
  512  21st century economy, the Legislature encourages instructional
  513  methods for blended learning courses consisting of both
  514  traditional classroom and online instructional techniques.
  515  Charter schools may implement blended learning courses which
  516  combine traditional classroom instruction and virtual
  517  instruction. Students in a blended learning course must be full
  518  time students of the charter school pursuant to s.
  519  1011.61(1)(a)1. Instructional personnel certified pursuant to s.
  520  1012.55 who provide virtual instruction for blended learning
  521  courses may be employees of the charter school or may be under
  522  contract to provide instructional services to charter school
  523  students. At a minimum, such instructional personnel must hold
  524  an active state or school district adjunct certification under
  525  s. 1012.57 for the subject area of the blended learning course.
  526  The funding and performance accountability requirements for
  527  blended learning courses are the same as those for traditional
  528  courses.
  529         3. The current incoming baseline standard of student
  530  academic achievement, the outcomes to be achieved, and the
  531  method of measurement that will be used. The criteria listed in
  532  this subparagraph shall include a detailed description of:
  533         a. How the baseline student academic achievement levels and
  534  prior rates of academic progress will be established.
  535         b. How these baseline rates will be compared to rates of
  536  academic progress achieved by these same students while
  537  attending the charter school.
  538         c. To the extent possible, how these rates of progress will
  539  be evaluated and compared with rates of progress of other
  540  closely comparable student populations.
  542  The district school board is required to provide academic
  543  student performance data to charter schools for each of their
  544  students coming from the district school system, as well as
  545  rates of academic progress of comparable student populations in
  546  the district school system.
  547         4. The methods used to identify the educational strengths
  548  and needs of students and how well educational goals and
  549  performance standards are met by students attending the charter
  550  school. The methods shall provide a means for the charter school
  551  to ensure accountability to its constituents by analyzing
  552  student performance data and by evaluating the effectiveness and
  553  efficiency of its major educational programs. Students in
  554  charter schools shall, at a minimum, participate in the
  555  statewide assessment program created under s. 1008.22.
  556         5. In secondary charter schools, a method for determining
  557  that a student has satisfied the requirements for graduation in
  558  s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
  559         6. A method for resolving conflicts between the governing
  560  board of the charter school and the sponsor.
  561         7. The admissions procedures and dismissal procedures,
  562  including the school’s code of student conduct. Admission or
  563  dismissal must not be based on a student’s academic performance.
  564         8. The ways by which the school will achieve a
  565  racial/ethnic balance reflective of the community it serves or
  566  within the racial/ethnic range of other nearby public schools in
  567  the same school district.
  568         9. The financial and administrative management of the
  569  school, including a reasonable demonstration of the professional
  570  experience or competence of those individuals or organizations
  571  applying to operate the charter school or those hired or
  572  retained to perform such professional services and the
  573  description of clearly delineated responsibilities and the
  574  policies and practices needed to effectively manage the charter
  575  school. A description of internal audit procedures and
  576  establishment of controls to ensure that financial resources are
  577  properly managed must be included. Both public sector and
  578  private sector professional experience shall be equally valid in
  579  such a consideration.
  580         10. The asset and liability projections required in the
  581  application which are incorporated into the charter and shall be
  582  compared with information provided in the annual report of the
  583  charter school.
  584         11. A description of procedures that identify various risks
  585  and provide for a comprehensive approach to reduce the impact of
  586  losses; plans to ensure the safety and security of students and
  587  staff; plans to identify, minimize, and protect others from
  588  violent or disruptive student behavior; and the manner in which
  589  the school will be insured, including whether or not the school
  590  will be required to have liability insurance, and, if so, the
  591  terms and conditions thereof and the amounts of coverage.
  592         12. The term of the charter which shall provide for
  593  cancellation of the charter if insufficient progress has been
  594  made in attaining the student achievement objectives of the
  595  charter and if it is not likely that such objectives can be
  596  achieved before expiration of the charter. The initial term of a
  597  charter shall be for 5 years, excluding 2 planning years. In
  598  order to facilitate access to long-term financial resources for
  599  charter school construction, charter schools that are operated
  600  by a municipality or other public entity as provided by law are
  601  eligible for up to a 15-year charter, subject to approval by the
  602  sponsor district school board. A charter lab school is eligible
  603  for a charter for a term of up to 15 years. In addition, to
  604  facilitate access to long-term financial resources for charter
  605  school construction, charter schools that are operated by a
  606  private, not-for-profit, s. 501(c)(3) status corporation are
  607  eligible for up to a 15-year charter, subject to approval by the
  608  sponsor district school board. Such long-term charters remain
  609  subject to annual review and may be terminated during the term
  610  of the charter, but only according to the provisions set forth
  611  in subsection (8).
  612         13. The facilities to be used and their location. The
  613  sponsor may not require a charter school to have a certificate
  614  of occupancy or a temporary certificate of occupancy for such a
  615  facility earlier than 15 calendar days before the first day of
  616  school.
  617         14. The qualifications to be required of the teachers and
  618  the potential strategies used to recruit, hire, train, and
  619  retain qualified staff to achieve best value.
  620         15. The governance structure of the school, including the
  621  status of the charter school as a public or private employer as
  622  required in paragraph (12)(i).
  623         16. A timetable for implementing the charter which
  624  addresses the implementation of each element thereof and the
  625  date by which the charter shall be awarded in order to meet this
  626  timetable.
  627         17. In the case of an existing public school that is being
  628  converted to charter status, alternative arrangements for
  629  current students who choose not to attend the charter school and
  630  for current teachers who choose not to teach in the charter
  631  school after conversion in accordance with the existing
  632  collective bargaining agreement or district school board rule in
  633  the absence of a collective bargaining agreement. However,
  634  alternative arrangements shall not be required for current
  635  teachers who choose not to teach in a charter lab school, except
  636  as authorized by the employment policies of the state university
  637  which grants the charter to the lab school.
  638         18. Full disclosure of the identity of all relatives
  639  employed by the charter school who are related to the charter
  640  school owner, president, chairperson of the governing board of
  641  directors, superintendent, governing board member, principal,
  642  assistant principal, or any other person employed by the charter
  643  school who has equivalent decisionmaking authority. For the
  644  purpose of this subparagraph, the term “relative” means father,
  645  mother, son, daughter, brother, sister, uncle, aunt, first
  646  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  647  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  648  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  649  stepsister, half brother, or half sister.
  650         19. Implementation of the activities authorized under s.
  651  1002.331 by the charter school when it satisfies the eligibility
  652  requirements for a high-performing charter school. A high
  653  performing charter school shall notify its sponsor in writing by
  654  March 1 if it intends to increase enrollment or expand grade
  655  levels the following school year. The written notice shall
  656  specify the amount of the enrollment increase and the grade
  657  levels that will be added, as applicable.
  658         (d) A charter may be modified during its initial term or
  659  any renewal term upon the recommendation of the sponsor or the
  660  charter school’s governing board and the approval of both
  661  parties to the agreement. Modification during any term may
  662  include, but is not limited to, consolidation of multiple
  663  charters into a single charter if the charters are operated
  664  under the same governing board, regardless of the renewal cycle.
  665  A charter school that is not subject to a school improvement
  666  plan and that closes as part of a consolidation shall be
  667  reported by the sponsor school district as a consolidation.
  669         (c) A charter may be terminated immediately if the sponsor
  670  sets forth in writing the particular facts and circumstances
  671  demonstrating indicating that an immediate and serious danger to
  672  the health, safety, or welfare of the charter school’s students
  673  exists, that the immediate and serious danger is likely to
  674  continue, and that an immediate termination of the charter is
  675  necessary. The sponsor’s determination is subject to the
  676  procedures set forth in paragraph (b), except that the hearing
  677  may take place after the charter has been terminated. The
  678  sponsor shall notify in writing the charter school’s governing
  679  board, the charter school principal, and the department of the
  680  facts and circumstances supporting the emergency termination if
  681  a charter is terminated immediately. The sponsor shall clearly
  682  identify the specific issues that resulted in the immediate
  683  termination and provide evidence of prior notification of issues
  684  resulting in the immediate termination, if applicable when
  685  appropriate. Upon receiving written notice from the sponsor, the
  686  charter school’s governing board has 10 calendar days to request
  687  a hearing. A requested hearing must be expedited and the final
  688  order must be issued within 60 days after the date of request.
  689  The sponsor shall assume operation of the charter school
  690  throughout the pendency of the hearing under paragraph (b)
  691  unless the continued operation of the charter school would
  692  materially threaten the health, safety, or welfare of the
  693  students. Failure by the sponsor to assume and continue
  694  operation of the charter school shall result in the awarding of
  695  reasonable costs and attorney’s fees to the charter school if
  696  the charter school prevails on appeal.
  697         (d) When a charter is not renewed or is terminated, the
  698  school shall be dissolved under the provisions of law under
  699  which the school was organized, and any unencumbered public
  700  funds, except for capital outlay funds and federal charter
  701  school program grant funds, from the charter school shall revert
  702  to the sponsor. Capital outlay funds provided pursuant to s.
  703  1013.62 and federal charter school program grant funds that are
  704  unencumbered shall revert to the department to be redistributed
  705  among eligible charter schools. In the event a charter school is
  706  dissolved or is otherwise terminated, all sponsor district
  707  school board property and improvements, furnishings, and
  708  equipment purchased with public funds shall automatically revert
  709  to full ownership by the sponsor district school board, subject
  710  to complete satisfaction of any lawful liens or encumbrances.
  711  Any unencumbered public funds from the charter school, district
  712  school board property and improvements, furnishings, and
  713  equipment purchased with public funds, or financial or other
  714  records pertaining to the charter school, in the possession of
  715  any person, entity, or holding company, other than the charter
  716  school, shall be held in trust upon the sponsor’s district
  717  school board’s request, until any appeal status is resolved.
  718         (e) If a charter is not renewed or is terminated, the
  719  charter school is responsible for all debts of the charter
  720  school. The sponsor district may not assume the debt from any
  721  contract made between the governing body of the school and a
  722  third party, except for a debt that is previously detailed and
  723  agreed upon in writing by both the sponsor district and the
  724  governing body of the school and that may not reasonably be
  725  assumed to have been satisfied by the sponsor district.
  727         (g)1. In order to provide financial information that is
  728  comparable to that reported for other public schools, charter
  729  schools are to maintain all financial records that constitute
  730  their accounting system:
  731         a. In accordance with the accounts and codes prescribed in
  732  the most recent issuance of the publication titled “Financial
  733  and Program Cost Accounting and Reporting for Florida Schools”;
  734  or
  735         b. At the discretion of the charter school’s governing
  736  board, a charter school may elect to follow generally accepted
  737  accounting standards for not-for-profit organizations, but must
  738  reformat this information for reporting according to this
  739  paragraph.
  740         2. Charter schools shall provide annual financial report
  741  and program cost report information in the state-required
  742  formats for inclusion in sponsor district reporting in
  743  compliance with s. 1011.60(1). Charter schools that are operated
  744  by a municipality or are a component unit of a parent nonprofit
  745  organization may use the accounting system of the municipality
  746  or the parent but must reformat this information for reporting
  747  according to this paragraph.
  748         3. A charter school shall, upon approval of the charter
  749  contract, provide the sponsor with a concise, uniform, monthly
  750  financial statement summary sheet that contains a balance sheet
  751  and a statement of revenue, expenditures, and changes in fund
  752  balance. The balance sheet and the statement of revenue,
  753  expenditures, and changes in fund balance shall be in the
  754  governmental funds format prescribed by the Governmental
  755  Accounting Standards Board. A high-performing charter school
  756  pursuant to s. 1002.331 may provide a quarterly financial
  757  statement in the same format and requirements as the uniform
  758  monthly financial statement summary sheet. The sponsor shall
  759  review each monthly or quarterly financial statement to identify
  760  the existence of any conditions identified in s. 1002.345(1)(a).
  761         4. A charter school shall maintain and provide financial
  762  information as required in this paragraph. The financial
  763  statement required in subparagraph 3. must be in a form
  764  prescribed by the Department of Education.
  765         (n)1. The director and a representative of the governing
  766  board of a charter school that has earned a grade of “D” or “F”
  767  pursuant to s. 1008.34 shall appear before the sponsor to
  768  present information concerning each contract component having
  769  noted deficiencies. The director and a representative of the
  770  governing board shall submit to the sponsor for approval a
  771  school improvement plan to raise student performance. Upon
  772  approval by the sponsor, the charter school shall begin
  773  implementation of the school improvement plan. The department
  774  shall offer technical assistance and training to the charter
  775  school and its governing board and establish guidelines for
  776  developing, submitting, and approving such plans.
  777         2.a. If a charter school earns three consecutive grades
  778  below a “C,” the charter school governing board shall choose one
  779  of the following corrective actions:
  780         (I) Contract for educational services to be provided
  781  directly to students, instructional personnel, and school
  782  administrators, as prescribed in state board rule;
  783         (II) Contract with an outside entity that has a
  784  demonstrated record of effectiveness to operate the school;
  785         (III) Reorganize the school under a new director or
  786  principal who is authorized to hire new staff; or
  787         (IV) Voluntarily close the charter school.
  788         b. The charter school must implement the corrective action
  789  in the school year following receipt of a third consecutive
  790  grade below a “C.”
  791         c. The sponsor may annually waive a corrective action if it
  792  determines that the charter school is likely to improve a letter
  793  grade if additional time is provided to implement the
  794  intervention and support strategies prescribed by the school
  795  improvement plan. Notwithstanding this sub-subparagraph, a
  796  charter school that earns a second consecutive grade of “F” is
  797  subject to subparagraph 3.
  798         d. A charter school is no longer required to implement a
  799  corrective action if it improves to a “C” or higher. However,
  800  the charter school must continue to implement strategies
  801  identified in the school improvement plan. The sponsor must
  802  annually review implementation of the school improvement plan to
  803  monitor the school’s continued improvement pursuant to
  804  subparagraph 4.
  805         e. A charter school implementing a corrective action that
  806  does not improve to a “C” or higher after 2 full school years of
  807  implementing the corrective action must select a different
  808  corrective action. Implementation of the new corrective action
  809  must begin in the school year following the implementation
  810  period of the existing corrective action, unless the sponsor
  811  determines that the charter school is likely to improve to a “C”
  812  or higher if additional time is provided to implement the
  813  existing corrective action. Notwithstanding this sub
  814  subparagraph, a charter school that earns a second consecutive
  815  grade of “F” while implementing a corrective action is subject
  816  to subparagraph 3.
  817         3. A charter school’s charter contract is automatically
  818  terminated if the school earns two consecutive grades of “F”
  819  after all school grade appeals are final unless:
  820         a. The charter school is established to turn around the
  821  performance of a district public school pursuant to s.
  822  1008.33(4)(b)2. Such charter schools shall be governed by s.
  823  1008.33;
  824         b. The charter school serves a student population the
  825  majority of which resides in a school zone served by a district
  826  public school subject to s. 1008.33(4) and the charter school
  827  earns at least a grade of “D” in its third year of operation.
  828  The exception provided under this sub-subparagraph does not
  829  apply to a charter school in its fourth year of operation and
  830  thereafter; or
  831         c. The state board grants the charter school a waiver of
  832  termination. The charter school must request the waiver within
  833  15 days after the department’s official release of school
  834  grades. The state board may waive termination if the charter
  835  school demonstrates that the Learning Gains of its students on
  836  statewide assessments are comparable to or better than the
  837  Learning Gains of similarly situated students enrolled in nearby
  838  district public schools. The waiver is valid for 1 year and may
  839  only be granted once. Charter schools that have been in
  840  operation for more than 5 years are not eligible for a waiver
  841  under this sub-subparagraph.
  843  The sponsor shall notify the charter school’s governing board,
  844  the charter school principal, and the department in writing when
  845  a charter contract is terminated under this subparagraph. A
  846  charter terminated under this subparagraph must follow the
  847  procedures for dissolution and reversion of public funds
  848  pursuant to paragraphs (8)(d)-(f) and (9)(o).
  849         4. The director and a representative of the governing board
  850  of a graded charter school that has implemented a school
  851  improvement plan under this paragraph shall appear before the
  852  sponsor at least once a year to present information regarding
  853  the progress of intervention and support strategies implemented
  854  by the school pursuant to the school improvement plan and
  855  corrective actions, if applicable. The sponsor shall communicate
  856  at the meeting, and in writing to the director, the services
  857  provided to the school to help the school address its
  858  deficiencies.
  859         5. Notwithstanding any provision of this paragraph except
  860  sub-subparagraphs 3.a.-c., the sponsor may terminate the charter
  861  at any time pursuant to subsection (8).
  862         (10) ELIGIBLE STUDENTS.—
  863         (e) A charter school may limit the enrollment process only
  864  to target the following student populations:
  865         1. Students within specific age groups or grade levels.
  866         2. Students considered at risk of dropping out of school or
  867  academic failure. Such students shall include exceptional
  868  education students.
  869         3. Students enrolling in a charter school-in-the-workplace
  870  or charter school-in-a-municipality established pursuant to
  871  subsection (15).
  872         4. Students residing within a reasonable distance of the
  873  charter school, as described in paragraph (20)(c). Such students
  874  shall be subject to a random lottery and to the racial/ethnic
  875  balance provisions described in subparagraph (7)(a)8. or any
  876  federal provisions that require a school to achieve a
  877  racial/ethnic balance reflective of the community it serves or
  878  within the racial/ethnic range of other nearby public schools in
  879  the same school district.
  880         5. Students who meet reasonable academic, artistic, or
  881  other eligibility standards established by the charter school
  882  and included in the charter school application and charter or,
  883  in the case of existing charter schools, standards that are
  884  consistent with the school’s mission and purpose. Such standards
  885  shall be in accordance with current state law and practice in
  886  public schools and may not discriminate against otherwise
  887  qualified individuals.
  888         6. Students articulating from one charter school to another
  889  pursuant to an articulation agreement between the charter
  890  schools that has been approved by the sponsor.
  891         7. Students living in a development in which a developer,
  892  including any affiliated business entity or charitable
  893  foundation, contributes to the formation, acquisition,
  894  construction, or operation of one or more charter schools or
  895  charter provides the school facilities facility and related
  896  property in an amount equal to or having a total an appraised
  897  value of at least $5 million to be used as a charter schools
  898  school to mitigate the educational impact created by the
  899  development of new residential dwelling units. Students living
  900  in the development are shall be entitled to no more than 50
  901  percent of the student stations in the charter schools school.
  902  The students who are eligible for enrollment are subject to a
  903  random lottery, the racial/ethnic balance provisions, or any
  904  federal provisions, as described in subparagraph 4. The
  905  remainder of the student stations must shall be filled in
  906  accordance with subparagraph 4.
  909  NOT TO BE PLEDGED.—Any arrangement entered into to borrow or
  910  otherwise secure funds for a charter school authorized in this
  911  section from a source other than the state or a sponsor school
  912  district shall indemnify the state and the sponsor school
  913  district from any and all liability, including, but not limited
  914  to, financial responsibility for the payment of the principal or
  915  interest. Any loans, bonds, or other financial agreements are
  916  not obligations of the state or the sponsor school district but
  917  are obligations of the charter school authority and are payable
  918  solely from the sources of funds pledged by such agreement. The
  919  credit or taxing power of the state or the sponsor may school
  920  district shall not be pledged and no debts are shall be payable
  921  out of any moneys except those of the legal entity in possession
  922  of a valid charter approved by a sponsor district school board
  923  pursuant to this section.
  926         (c) A charter school-in-a-municipality designation may be
  927  granted to a municipality that possesses a charter; enrolls
  928  students based upon a random lottery that involves all of the
  929  children of the residents of that municipality who are seeking
  930  enrollment, as provided for in subsection (10); and enrolls
  931  students according to the racial/ethnic balance provisions
  932  described in subparagraph (7)(a)8. When a municipality has
  933  submitted charter applications for the establishment of a
  934  charter school feeder pattern, consisting of elementary, middle,
  935  and senior high schools, and each individual charter application
  936  is approved by the sponsor district school board, such schools
  937  shall then be designated as one charter school for all purposes
  938  listed pursuant to this section. Any portion of the land and
  939  facility used for a public charter school shall be exempt from
  940  ad valorem taxes, as provided for in s. 1013.54, for the
  941  duration of its use as a public school.
  942         (17) FUNDING.—Students enrolled in a charter school,
  943  regardless of the sponsorship, shall be funded as if they are in
  944  a basic program or a special program, the same as students
  945  enrolled in other public schools in the school district. Funding
  946  for a charter lab school shall be as provided in s. 1002.32.
  947         (a) Each charter school shall report its student enrollment
  948  to the sponsor as required in s. 1011.62, and in accordance with
  949  the definitions in s. 1011.61. The sponsor shall include each
  950  charter school’s enrollment in the sponsor’s district’s report
  951  of student enrollment. All charter schools submitting student
  952  record information required by the Department of Education shall
  953  comply with the Department of Education’s guidelines for
  954  electronic data formats for such data, and all sponsors
  955  districts shall accept electronic data that complies with the
  956  Department of Education’s electronic format.
  957         (b)1. The basis for the agreement for funding students
  958  enrolled in a charter school shall be the sum of the school
  959  district’s operating funds from the Florida Education Finance
  960  Program as provided in s. 1011.62 and the General Appropriations
  961  Act, including gross state and local funds, discretionary
  962  lottery funds, and funds from the school district’s current
  963  operating discretionary millage levy; divided by total funded
  964  weighted full-time equivalent students in the school district;
  965  and multiplied by the weighted full-time equivalent students for
  966  the charter school. Charter schools whose students or programs
  967  meet the eligibility criteria in law are entitled to their
  968  proportionate share of categorical program funds included in the
  969  total funds available in the Florida Education Finance Program
  970  by the Legislature, including transportation, the research-based
  971  reading allocation, and the Florida digital classrooms
  972  allocation. Total funding for each charter school shall be
  973  recalculated during the year to reflect the revised calculations
  974  under the Florida Education Finance Program by the state and the
  975  actual weighted full-time equivalent students reported by the
  976  charter school during the full-time equivalent student survey
  977  periods designated by the Commissioner of Education. For charter
  978  schools operated by a not-for-profit or municipal entity, any
  979  unrestricted current and capital assets identified in the
  980  charter school’s annual financial audit may be used for other
  981  charter schools operated by the not-for-profit or municipal
  982  entity within the school district. Unrestricted current assets
  983  shall be used in accordance with s. 1011.62, and any
  984  unrestricted capital assets shall be used in accordance with s.
  985  1013.62(2).
  986         2.a.Students enrolled in a charter school sponsored by a
  987  state university or a Florida College System institution
  988  pursuant to paragraph (5)(a) must be funded as if they are in a
  989  basic program or a special program in the school district. The
  990  basis for funding these students is the sum of the total
  991  operating funds from the Florida Education Finance Program for
  992  the school district in which the school is located as provided
  993  in s. 1011.62 and the General Appropriations Act, including
  994  gross state and local funds, discretionary lottery funds, and
  995  funds from each school district’s current operating
  996  discretionary millage levy; divided by the total funded weighted
  997  full-time equivalent students in the district; and multiplied by
  998  the full-time equivalent membership of the charter school. The
  999  Department of Education shall develop a tool that each state
 1000  university or Florida College System institution that sponsors a
 1001  charter school must use for purposes of calculating the funding
 1002  amount for each eligible charter school student. The total
 1003  amount obtained on the basis of the calculation must be
 1004  appropriated to the charter school from state funds in the
 1005  General Appropriations Act.
 1006         b.Capital outlay funding for a charter school sponsored by
 1007  a state university or a Florida College System institution
 1008  pursuant to paragraph (5)(a) is determined pursuant to s.
 1009  1013.62 and the General Appropriations Act.
 1010         (e) Sponsors District school boards shall make timely and
 1011  efficient payment and reimbursement to charter schools,
 1012  including processing paperwork required to access special state
 1013  and federal funding for which they may be eligible. Payments of
 1014  funds under paragraph (b) shall be made monthly or twice a
 1015  month, beginning with the start of the sponsor’s district school
 1016  board’s fiscal year. Each payment shall be one-twelfth, or one
 1017  twenty-fourth, as applicable, of the total state and local funds
 1018  described in paragraph (b) and adjusted as set forth therein.
 1019  For the first 2 years of a charter school’s operation, if a
 1020  minimum of 75 percent of the projected enrollment is entered
 1021  into the sponsor’s student information system by the first day
 1022  of the current month, the sponsor district school board shall
 1023  distribute funds to the school for the months of July through
 1024  October based on the projected full-time equivalent student
 1025  membership of the charter school as submitted in the approved
 1026  application. If less than 75 percent of the projected enrollment
 1027  is entered into the sponsor’s student information system by the
 1028  first day of the current month, the sponsor shall base payments
 1029  on the actual number of student enrollment entered into the
 1030  sponsor’s student information system. Thereafter, the results of
 1031  full-time equivalent student membership surveys shall be used in
 1032  adjusting the amount of funds distributed monthly to the charter
 1033  school for the remainder of the fiscal year. The payments shall
 1034  be issued no later than 10 working days after the sponsor
 1035  district school board receives a distribution of state or
 1036  federal funds or the date the payment is due pursuant to this
 1037  subsection. If a warrant for payment is not issued within 10
 1038  working days after receipt of funding by the sponsor district
 1039  school board, the sponsor school district shall pay to the
 1040  charter school, in addition to the amount of the scheduled
 1041  disbursement, interest at a rate of 1 percent per month
 1042  calculated on a daily basis on the unpaid balance from the
 1043  expiration of the 10 working days until such time as the warrant
 1044  is issued. The district school board may not delay payment to a
 1045  charter school of any portion of the funds provided in paragraph
 1046  (b) based on the timing of receipt of local funds by the
 1047  district school board.
 1048         (18) FACILITIES.—
 1049         (a) A startup charter school shall utilize facilities which
 1050  comply with the Florida Building Code pursuant to chapter 553
 1051  except for the State Requirements for Educational Facilities.
 1052  Conversion charter schools shall utilize facilities that comply
 1053  with the State Requirements for Educational Facilities provided
 1054  that the school district and the charter school have entered
 1055  into a mutual management plan for the reasonable maintenance of
 1056  such facilities. The mutual management plan shall contain a
 1057  provision by which the district school board agrees to maintain
 1058  charter school facilities in the same manner as its other public
 1059  schools within the district. Charter schools, with the exception
 1060  of conversion charter schools, are not required to comply, but
 1061  may choose to comply, with the State Requirements for
 1062  Educational Facilities of the Florida Building Code adopted
 1063  pursuant to s. 1013.37. The local governing authority shall not
 1064  adopt or impose any local building requirements or site
 1065  development restrictions, such as parking and site-size
 1066  criteria, student enrollment, and occupant load, that are
 1067  addressed by and more stringent than those found in the State
 1068  Requirements for Educational Facilities of the Florida Building
 1069  Code. A local governing authority must treat charter schools
 1070  equitably in comparison to similar requirements, restrictions,
 1071  and site planning processes imposed upon public schools that are
 1072  not charter schools. Within 14 days after receiving a request
 1073  from a charter school, the local governing authority for that
 1074  school shall provide a written justification for any challenged
 1075  requirements, restrictions, and site planning processes. The
 1076  agency having jurisdiction for inspection of a facility and
 1077  issuance of a certificate of occupancy or use shall be the local
 1078  municipality or, if in an unincorporated area, the county
 1079  governing authority. If an official or employee of the local
 1080  governing authority refuses to comply with this paragraph, the
 1081  aggrieved school or entity has an immediate right to bring an
 1082  action in circuit court to enforce its rights by injunction. If
 1083  the court finds that the local governing authority failed to
 1084  treat the charter school equitably, the court shall award
 1085  attorney fees and court costs to the charter school. An
 1086  aggrieved party that receives injunctive relief may be awarded
 1087  attorney fees and court costs.
 1088         (c) Any facility, or portion thereof, used to house a
 1089  charter school whose charter has been approved by the sponsor
 1090  and the governing board, pursuant to subsection (7), is shall be
 1091  exempt from ad valorem taxes pursuant to s. 196.1983. Libraries,
 1092  community organizations, museums, performing arts organizations,
 1093  theaters, cinemas, churches and other places of worship, and
 1094  Florida College System institutions Library, community service,
 1095  museum, performing arts, theatre, cinema, church, Florida
 1096  College System institution, college, and university facilities
 1097  may provide space to charter schools within their facilities
 1098  under their preexisting zoning and land use designations. Local
 1099  governing authorities may not impose any additional
 1100  requirements, including, without limitation, without obtaining a
 1101  special exception, rezoning, or a land use changes, or other
 1102  site-specific or use requirements or processes. The educational
 1103  occupant load for the charter school within these facilities
 1104  shall be based solely on the criteria set forth in the Florida
 1105  Building Code and the Florida Fire Prevention Code. No other
 1106  restrictions on the number of students in the facility apply
 1107  change.
 1108         (e) If a district school board facility or property is
 1109  available because it is surplus, marked for disposal, or
 1110  otherwise unused, it shall be provided for a charter school’s
 1111  use on the same basis as it is made available to other public
 1112  schools in the district. A charter school receiving property
 1113  from the sponsor school district may not sell or dispose of such
 1114  property without written permission of the sponsor school
 1115  district. Similarly, for an existing public school converting to
 1116  charter status, no rental or leasing fee for the existing
 1117  facility or for the property normally inventoried to the
 1118  conversion school may be charged by the district school board to
 1119  the parents and teachers organizing the charter school. The
 1120  charter school shall agree to reasonable maintenance provisions
 1121  in order to maintain the facility in a manner similar to
 1122  district school board standards. The Public Education Capital
 1123  Outlay maintenance funds or any other maintenance funds
 1124  generated by the facility operated as a conversion school shall
 1125  remain with the conversion school. A school district may enter
 1126  into an agreement to plan, design, and construct a charter
 1127  school and may serve as one or more of the following with regard
 1128  to the property and building:
 1129         1. The financial agent.
 1130         2. The lienholder.
 1131         3. The lessor.
 1132         (20) SERVICES.—
 1133         (a)1. A sponsor shall provide certain administrative and
 1134  educational services to charter schools. These services shall
 1135  include contract management services; full-time equivalent and
 1136  data reporting services; exceptional student education
 1137  administration services; services related to eligibility and
 1138  reporting duties required to ensure that school lunch services
 1139  under the National School Lunch Program, consistent with the
 1140  needs of the charter school, are provided by the sponsor school
 1141  district at the request of the charter school, that any funds
 1142  due to the charter school under the National School Lunch
 1143  Program be paid to the charter school as soon as the charter
 1144  school begins serving food under the National School Lunch
 1145  Program, and that the charter school is paid at the same time
 1146  and in the same manner under the National School Lunch Program
 1147  as other public schools serviced by the sponsor or the school
 1148  district; test administration services, including payment of the
 1149  costs of state-required or district-required student
 1150  assessments; processing of teacher certificate data services;
 1151  and information services, including equal access to the
 1152  sponsor’s student information systems that are used by public
 1153  schools in the district in which the charter school is located
 1154  or, if the sponsor is not a school district, by schools in the
 1155  sponsor’s portfolio of charter schools. Student performance data
 1156  for each student in a charter school, including, but not limited
 1157  to, FCAT scores, standardized test scores, previous public
 1158  school student report cards, and student performance measures,
 1159  shall be provided by the sponsor to a charter school in the same
 1160  manner provided to other public schools in the district or, if
 1161  the sponsor is not a school district, by schools in the
 1162  sponsor’s portfolio of charter schools.
 1163         2. A sponsor may withhold an administrative fee for the
 1164  provision of such services which shall be a percentage of the
 1165  available funds defined in paragraph (17)(b) calculated based on
 1166  weighted full-time equivalent students. If the charter school
 1167  serves 75 percent or more exceptional education students as
 1168  defined in s. 1003.01(3), the percentage shall be calculated
 1169  based on unweighted full-time equivalent students. The
 1170  administrative fee shall be calculated as follows:
 1171         a. Up to 5 percent for:
 1172         (I) Enrollment of up to and including 250 students in a
 1173  charter school as defined in this section.
 1174         (II) Enrollment of up to and including 500 students within
 1175  a charter school system which meets all of the following:
 1176         (A) Includes conversion charter schools and nonconversion
 1177  charter schools.
 1178         (B) Has all of its schools located in the same county.
 1179         (C) Has a total enrollment exceeding the total enrollment
 1180  of at least one school district in the state.
 1181         (D) Has the same governing board for all of its schools.
 1182         (E) Does not contract with a for-profit service provider
 1183  for management of school operations.
 1184         (III) Enrollment of up to and including 250 students in a
 1185  virtual charter school.
 1186         b. Up to 2 percent for enrollment of up to and including
 1187  250 students in a high-performing charter school as defined in
 1188  s. 1002.331.
 1189         3. A sponsor may not charge charter schools any additional
 1190  fees or surcharges for administrative and educational services
 1191  in addition to the maximum percentage of administrative fees
 1192  withheld pursuant to this paragraph.
 1193         4. A sponsor shall provide to the department by September
 1194  15 of each year the total amount of funding withheld from
 1195  charter schools pursuant to this subsection for the prior fiscal
 1196  year. The department must include the information in the report
 1197  required under sub-sub-subparagraph (5)(b)1.k.(III).
 1198         (b) If goods and services are made available to the charter
 1199  school through the contract with the sponsor school district,
 1200  they shall be provided to the charter school at a rate no
 1201  greater than the sponsor’s district’s actual cost unless
 1202  mutually agreed upon by the charter school and the sponsor in a
 1203  contract negotiated separately from the charter. When mediation
 1204  has failed to resolve disputes over contracted services or
 1205  contractual matters not included in the charter, an appeal may
 1206  be made to an administrative law judge appointed by the Division
 1207  of Administrative Hearings. The administrative law judge has
 1208  final order authority to rule on the dispute. The administrative
 1209  law judge shall award the prevailing party reasonable attorney
 1210  fees and costs incurred during the mediation process,
 1211  administrative proceeding, and any appeals, to be paid by the
 1212  party whom the administrative law judge rules against. To
 1213  maximize the use of state funds, sponsors school districts shall
 1214  allow charter schools to participate in the sponsor’s bulk
 1215  purchasing program if applicable.
 1216         (c) Transportation of charter school students shall be
 1217  provided by the charter school consistent with the requirements
 1218  of subpart I.E. of chapter 1006 and s. 1012.45. The governing
 1219  body of the charter school may provide transportation through an
 1220  agreement or contract with the sponsor district school board, a
 1221  private provider, or parents. The charter school and the sponsor
 1222  shall cooperate in making arrangements that ensure that
 1223  transportation is not a barrier to equal access for all students
 1224  residing within a reasonable distance of the charter school as
 1225  determined in its charter.
 1226         (d) Each charter school shall annually complete and submit
 1227  a survey, provided in a format specified by the Department of
 1228  Education, to rate the timeliness and quality of services
 1229  provided by the sponsor district in accordance with this
 1230  section. The department shall compile the results, by sponsor
 1231  district, and include the results in the report required under
 1232  sub-sub-subparagraph (5)(b)1.k.(III).
 1234         (a) The Department of Education shall provide information
 1235  to the public, directly and through sponsors, on how to form and
 1236  operate a charter school and how to enroll in a charter school
 1237  once it is created. This information shall include the standard
 1238  application form, standard charter contract, standard evaluation
 1239  instrument, and standard charter renewal contract, which shall
 1240  include the information specified in subsection (7) and shall be
 1241  developed by consulting and negotiating with both sponsors
 1242  school districts and charter schools before implementation. The
 1243  charter and charter renewal contracts shall be used by charter
 1244  school sponsors.
 1245         (b)1. The Department of Education shall report to each
 1246  charter school receiving a school grade pursuant to s. 1008.34
 1247  or a school improvement rating pursuant to s. 1008.341 the
 1248  school’s student assessment data.
 1249         2. The charter school shall report the information in
 1250  subparagraph 1. to each parent of a student at the charter
 1251  school, the parent of a child on a waiting list for the charter
 1252  school, the sponsor district in which the charter school is
 1253  located, and the governing board of the charter school. This
 1254  paragraph does not abrogate the provisions of s. 1002.22,
 1255  relating to student records, or the requirements of 20 U.S.C. s.
 1256  1232g, the Family Educational Rights and Privacy Act.
 1259         (a) A charter school system’s governing board shall be
 1260  designated a local educational agency for the purpose of
 1261  receiving federal funds, the same as though the charter school
 1262  system were a school district, if the governing board of the
 1263  charter school system has adopted and filed a resolution with
 1264  its sponsor sponsoring district school board and the Department
 1265  of Education in which the governing board of the charter school
 1266  system accepts the full responsibility for all local education
 1267  agency requirements and the charter school system meets all of
 1268  the following:
 1269         1. Has all schools located in the same county;
 1270         2. Has a total enrollment exceeding the total enrollment of
 1271  at least one school district in the state; and
 1272         3. Has the same governing board.
 1274  Such designation does not apply to other provisions unless
 1275  specifically provided in law.
 1276         (28) RULEMAKING.—The Department of Education, after
 1277  consultation with sponsors school districts and charter school
 1278  directors, shall recommend that the State Board of Education
 1279  adopt rules to implement specific subsections of this section.
 1280  Such rules shall require minimum paperwork and shall not limit
 1281  charter school flexibility authorized by statute. The State
 1282  Board of Education shall adopt rules, pursuant to ss. 120.536(1)
 1283  and 120.54, to implement a standard charter application form,
 1284  standard application form for the replication of charter schools
 1285  in a high-performing charter school system, standard evaluation
 1286  instrument, and standard charter and charter renewal contracts
 1287  in accordance with this section.
 1288         Section 3. Paragraph (d) of subsection (7) and paragraph
 1289  (b) of subsection (10) of section 1002.333, Florida Statutes,
 1290  are amended to read:
 1291         1002.333 Persistently low-performing schools.—
 1292         (7) FACILITIES.—
 1293         (d) No later than January October 1 of each year, the
 1294  department each school district shall annually provide to school
 1295  districts the Department of Education a list of all underused,
 1296  vacant, or surplus facilities owned or operated by the school
 1297  district, as reported in the Florida Inventory of School Houses.
 1298  A school district may provide evidence to the department within
 1299  30 days after the list is provided that it contains errors or
 1300  omissions. No later than April 1 of each year, the department
 1301  shall update and publish a final list of all underused, vacant,
 1302  or surplus facilities owned or operated by each school district,
 1303  based upon the updated information provided by each school
 1304  district. A hope operator establishing a school of hope may use
 1305  an educational facility identified in this paragraph at no cost
 1306  or at a mutually agreeable cost not to exceed $600 per student.
 1307  A hope operator using a facility pursuant to this paragraph may
 1308  not sell or dispose of such facility without the written
 1309  permission of the school district. For purposes of this
 1310  paragraph, the term “underused, vacant, or surplus facility”
 1311  means an entire facility or portion thereof which is not fully
 1312  used or is used irregularly or intermittently by the school
 1313  district for instructional or program use.
 1314         (10) SCHOOLS OF HOPE PROGRAM.—The Schools of Hope Program
 1315  is created within the Department of Education.
 1316         (b) Notwithstanding s. 216.301 and pursuant to s. 216.351,
 1317  funds allocated for the purpose of this subsection which are not
 1318  disbursed by June 30 of the fiscal year in which the funds are
 1319  allocated may be carried forward for up to 7 5 years after the
 1320  effective date of the original appropriation.
 1321         Section 4. Paragraph (a) of subsection (1) of section
 1322  1003.493, Florida Statutes, is amended to read:
 1323         1003.493 Career and professional academies and career
 1324  themed courses.—
 1325         (1)(a) A “career and professional academy” is a research
 1326  based program that integrates a rigorous academic curriculum
 1327  with an industry-specific curriculum aligned directly to
 1328  priority workforce needs established by the local workforce
 1329  development board or the Department of Economic Opportunity.
 1330  Career and professional academies must shall be offered by
 1331  public schools and school districts and may be offered by
 1332  charter schools. The Florida Virtual School is encouraged to
 1333  develop and offer rigorous career and professional courses as
 1334  appropriate. Students completing career and professional academy
 1335  programs must receive a standard high school diploma, the
 1336  highest available industry certification, and opportunities to
 1337  earn postsecondary credit if the academy partners with a
 1338  postsecondary institution approved to operate in the state.
 1339         Section 5. Section 1013.385, Florida Statutes, is amended
 1340  to read:
 1341         1013.385 School district construction flexibility.—
 1342         (1)Upon a majority vote at a public meeting that begins no
 1343  earlier than 5 p.m., a district school board may, with a
 1344  majority vote at a public meeting that begins no earlier than 5
 1345  p.m., adopt a resolution to implement exceptions to s. 453 of
 1346  the Florida Building Code which one or more of the exceptions to
 1347  the educational facilities construction requirements provided in
 1348  this section.
 1349         (2)A resolution adopted under this section may propose
 1350  implementation of exceptions to requirements of the uniform
 1351  statewide building code for the planning and construction of
 1352  public educational and ancillary plants adopted pursuant to ss.
 1353  553.73 and 1013.37 relating to:
 1354         (a)Interior non-load-bearing walls, by approving the use
 1355  of fire-rated wood stud walls in new construction or remodeling
 1356  for interior non-load-bearing wall assemblies that will not be
 1357  exposed to water or located in wet areas.
 1358         (b)Walkways, roadways, driveways, and parking areas, by
 1359  approving the use of designated, stabilized, and well-drained
 1360  gravel or grassed student parking areas.
 1361         (c)Standards for relocatables used as classroom space, as
 1362  specified in s. 1013.20, by approving construction
 1363  specifications for installation of relocatable buildings that do
 1364  not have covered walkways leading to the permanent buildings
 1365  onsite.
 1366         (d)Site lighting, by approving construction specifications
 1367  regarding site lighting that:
 1368         1.Do not provide for lighting of gravel or grassed
 1369  auxiliary or student parking areas.
 1370         2.Provide lighting for walkways, roadways, driveways,
 1371  paved parking lots, exterior stairs, ramps, and walkways from
 1372  the exterior of the building to a public walkway through
 1373  installation of a timer that is set to provide lighting only
 1374  during periods when the site is occupied.
 1375         3.Allow lighting for building entrances and exits to be
 1376  installed with a timer that is set to provide lighting only
 1377  during periods in which the building is occupied. The minimum
 1378  illumination level at single-door exits may be reduced to no
 1379  less than 1 foot-candle.
 1380         (e)Any other provisions that limit the ability of a school
 1381  district to design and construct a facility in the same manner
 1382  as a charter school, or to operate in a facility on the same
 1383  basis as a charter school pursuant to s. 1002.33(18), so long as
 1384  the regional planning council determines that there is
 1385  sufficient shelter capacity within the school district as
 1386  documented in the Statewide Emergency Shelter Plan.
 1387         Section 6. For the purpose of incorporating the amendment
 1388  made by this act to section 1002.33, Florida Statutes, in a
 1389  reference thereto, paragraph (c) of subsection (2) of section
 1390  11.40, Florida Statutes, is reenacted to read:
 1391         11.40 Legislative Auditing Committee.—
 1392         (2) Following notification by the Auditor General, the
 1393  Department of Financial Services, the Division of Bond Finance
 1394  of the State Board of Administration, the Governor or his or her
 1395  designee, or the Commissioner of Education or his or her
 1396  designee of the failure of a local governmental entity, district
 1397  school board, charter school, or charter technical career center
 1398  to comply with the applicable provisions within s. 11.45(5)-(7),
 1399  s. 218.32(1), s. 218.38, or s. 218.503(3), the Legislative
 1400  Auditing Committee may schedule a hearing to determine if the
 1401  entity should be subject to further state action. If the
 1402  committee determines that the entity should be subject to
 1403  further state action, the committee shall:
 1404         (c) In the case of a charter school or charter technical
 1405  career center, notify the appropriate sponsoring entity, which
 1406  may terminate the charter pursuant to ss. 1002.33 and 1002.34.
 1407         Section 7. For the purpose of incorporating the amendment
 1408  made by this act to section 1002.33, Florida Statutes, in a
 1409  reference thereto, paragraph (h) of subsection (6) of section
 1410  163.3180, Florida Statutes, is reenacted to read:
 1411         163.3180 Concurrency.—
 1412         (6)
 1413         (h)1. In order to limit the liability of local governments,
 1414  a local government may allow a landowner to proceed with
 1415  development of a specific parcel of land notwithstanding a
 1416  failure of the development to satisfy school concurrency, if all
 1417  the following factors are shown to exist:
 1418         a. The proposed development would be consistent with the
 1419  future land use designation for the specific property and with
 1420  pertinent portions of the adopted local plan, as determined by
 1421  the local government.
 1422         b. The local government’s capital improvements element and
 1423  the school board’s educational facilities plan provide for
 1424  school facilities adequate to serve the proposed development,
 1425  and the local government or school board has not implemented
 1426  that element or the project includes a plan that demonstrates
 1427  that the capital facilities needed as a result of the project
 1428  can be reasonably provided.
 1429         c. The local government and school board have provided a
 1430  means by which the landowner will be assessed a proportionate
 1431  share of the cost of providing the school facilities necessary
 1432  to serve the proposed development.
 1433         2. If a local government applies school concurrency, it may
 1434  not deny an application for site plan, final subdivision
 1435  approval, or the functional equivalent for a development or
 1436  phase of a development authorizing residential development for
 1437  failure to achieve and maintain the level-of-service standard
 1438  for public school capacity in a local school concurrency
 1439  management system where adequate school facilities will be in
 1440  place or under actual construction within 3 years after the
 1441  issuance of final subdivision or site plan approval, or the
 1442  functional equivalent. School concurrency is satisfied if the
 1443  developer executes a legally binding commitment to provide
 1444  mitigation proportionate to the demand for public school
 1445  facilities to be created by actual development of the property,
 1446  including, but not limited to, the options described in sub
 1447  subparagraph a. Options for proportionate-share mitigation of
 1448  impacts on public school facilities must be established in the
 1449  comprehensive plan and the interlocal agreement pursuant to s.
 1450  163.31777.
 1451         a. Appropriate mitigation options include the contribution
 1452  of land; the construction, expansion, or payment for land
 1453  acquisition or construction of a public school facility; the
 1454  construction of a charter school that complies with the
 1455  requirements of s. 1002.33(18); or the creation of mitigation
 1456  banking based on the construction of a public school facility in
 1457  exchange for the right to sell capacity credits. Such options
 1458  must include execution by the applicant and the local government
 1459  of a development agreement that constitutes a legally binding
 1460  commitment to pay proportionate-share mitigation for the
 1461  additional residential units approved by the local government in
 1462  a development order and actually developed on the property,
 1463  taking into account residential density allowed on the property
 1464  prior to the plan amendment that increased the overall
 1465  residential density. The district school board must be a party
 1466  to such an agreement. As a condition of its entry into such a
 1467  development agreement, the local government may require the
 1468  landowner to agree to continuing renewal of the agreement upon
 1469  its expiration.
 1470         b. If the interlocal agreement and the local government
 1471  comprehensive plan authorize a contribution of land; the
 1472  construction, expansion, or payment for land acquisition; the
 1473  construction or expansion of a public school facility, or a
 1474  portion thereof; or the construction of a charter school that
 1475  complies with the requirements of s. 1002.33(18), as
 1476  proportionate-share mitigation, the local government shall
 1477  credit such a contribution, construction, expansion, or payment
 1478  toward any other impact fee or exaction imposed by local
 1479  ordinance for public educational facilities, on a dollar-for
 1480  dollar basis at fair market value. The credit must be based on
 1481  the total impact fee assessed and not on the impact fee for any
 1482  particular type of school.
 1483         c. Any proportionate-share mitigation must be directed by
 1484  the school board toward a school capacity improvement identified
 1485  in the 5-year school board educational facilities plan that
 1486  satisfies the demands created by the development in accordance
 1487  with a binding developer’s agreement.
 1488         3. This paragraph does not limit the authority of a local
 1489  government to deny a development permit or its functional
 1490  equivalent pursuant to its home rule regulatory powers, except
 1491  as provided in this part.
 1492         Section 8. For the purpose of incorporating the amendment
 1493  made by this act to section 1002.33, Florida Statutes, in a
 1494  reference thereto, section 196.1983, Florida Statutes, is
 1495  reenacted to read:
 1496         196.1983 Charter school exemption from ad valorem taxes.
 1497  Any facility, or portion thereof, used to house a charter school
 1498  whose charter has been approved by the sponsor and the governing
 1499  board pursuant to s. 1002.33(7) shall be exempt from ad valorem
 1500  taxes. For leasehold properties, the landlord must certify by
 1501  affidavit to the charter school that the required payments under
 1502  the lease, whether paid to the landlord or on behalf of the
 1503  landlord to a third party, will be reduced to the extent of the
 1504  exemption received. The owner of the property shall disclose to
 1505  a charter school the full amount of the benefit derived from the
 1506  exemption and the method for ensuring that the charter school
 1507  receives such benefit. The charter school shall receive the full
 1508  benefit derived from the exemption.
 1509         Section 9. For the purpose of incorporating the amendment
 1510  made by this act to section 1002.33, Florida Statutes, in a
 1511  reference thereto, paragraph (e) of subsection (1) of section
 1512  218.39, Florida Statutes, is reenacted to read:
 1513         218.39 Annual financial audit reports.—
 1514         (1) If, by the first day in any fiscal year, a local
 1515  governmental entity, district school board, charter school, or
 1516  charter technical career center has not been notified that a
 1517  financial audit for that fiscal year will be performed by the
 1518  Auditor General, each of the following entities shall have an
 1519  annual financial audit of its accounts and records completed
 1520  within 9 months after the end of its fiscal year by an
 1521  independent certified public accountant retained by it and paid
 1522  from its public funds:
 1523         (e) Each charter school established under s. 1002.33.
 1524         Section 10. For the purpose of incorporating the amendment
 1525  made by this act to section 1002.33, Florida Statutes, in a
 1526  reference thereto, paragraph (a) of subsection (4) of section
 1527  381.0056, Florida Statutes, is reenacted to read:
 1528         381.0056 School health services program.—
 1529         (4)(a) Each county health department shall develop, jointly
 1530  with the district school board and the local school health
 1531  advisory committee, a school health services plan. The plan must
 1532  include, at a minimum, provisions for all of the following:
 1533         1. Health appraisal;
 1534         2. Records review;
 1535         3. Nurse assessment;
 1536         4. Nutrition assessment;
 1537         5. A preventive dental program;
 1538         6. Vision screening;
 1539         7. Hearing screening;
 1540         8. Scoliosis screening;
 1541         9. Growth and development screening;
 1542         10. Health counseling;
 1543         11. Referral and followup of suspected or confirmed health
 1544  problems by the local county health department;
 1545         12. Meeting emergency health needs in each school;
 1546         13. County health department personnel to assist school
 1547  personnel in health education curriculum development;
 1548         14. Referral of students to appropriate health treatment,
 1549  in cooperation with the private health community whenever
 1550  possible;
 1551         15. Consultation with a student’s parent or guardian
 1552  regarding the need for health attention by the family physician,
 1553  dentist, or other specialist when definitive diagnosis or
 1554  treatment is indicated;
 1555         16. Maintenance of records on incidents of health problems,
 1556  corrective measures taken, and such other information as may be
 1557  needed to plan and evaluate health programs; except, however,
 1558  that provisions in the plan for maintenance of health records of
 1559  individual students must be in accordance with s. 1002.22;
 1560         17. Health information which will be provided by the school
 1561  health nurses, when necessary, regarding the placement of
 1562  students in exceptional student programs and the reevaluation at
 1563  periodic intervals of students placed in such programs;
 1564         18. Notification to the local nonpublic schools of the
 1565  school health services program and the opportunity for
 1566  representatives of the local nonpublic schools to participate in
 1567  the development of the cooperative health services plan; and
 1568         19. Immediate notification to a student’s parent, guardian,
 1569  or caregiver if the student is removed from school, school
 1570  transportation, or a school-sponsored activity and taken to a
 1571  receiving facility for an involuntary examination pursuant to s.
 1572  394.463, including the requirements established under ss.
 1573  1002.20(3) and 1002.33(9), as applicable.
 1574         Section 11. For the purpose of incorporating the amendment
 1575  made by this act to section 1002.33, Florida Statutes, in a
 1576  reference thereto, paragraph (b) of subsection (1) of section
 1577  409.1664, Florida Statutes, is reenacted to read:
 1578         409.1664 Adoption benefits for qualifying adoptive
 1579  employees of state agencies.—
 1580         (1) As used in this section, the term:
 1581         (b) “Qualifying adoptive employee” means a full-time or
 1582  part-time employee of a state agency, a charter school
 1583  established under s. 1002.33, or the Florida Virtual School
 1584  established under s. 1002.37 who is paid from regular salary
 1585  appropriations, or otherwise meets his or her employer’s
 1586  definition of a regular rather than temporary employee, and who
 1587  adopts a child within the child welfare system pursuant to
 1588  chapter 63 on or after July 1, 2015. The term includes
 1589  instructional personnel, as defined in s. 1012.01, who are
 1590  employed by the Florida School for the Deaf and the Blind.
 1591         Section 12. For the purpose of incorporating the amendment
 1592  made by this act to section 1002.33, Florida Statutes, in a
 1593  reference thereto, subsection (1) of section 409.9072, Florida
 1594  Statutes, is reenacted to read:
 1595         409.9072 Medicaid provider agreements for charter schools
 1596  and private schools.—
 1597         (1) Subject to a specific appropriation by the Legislature,
 1598  the agency shall reimburse private schools as defined in s.
 1599  1002.01 and schools designated as charter schools under s.
 1600  1002.33 which are Medicaid providers for school-based services
 1601  pursuant to the rehabilitative services option provided under 42
 1602  U.S.C. s. 1396d(a)(13) to children younger than 21 years of age
 1603  with specified disabilities who are eligible for both Medicaid
 1604  and part B or part H of the Individuals with Disabilities
 1605  Education Act (IDEA) or the exceptional student education
 1606  program, or who have an individualized educational plan.
 1607         Section 13. For the purpose of incorporating the amendment
 1608  made by this act to section 1002.33, Florida Statutes, in a
 1609  reference thereto, subsection (7) of section 944.801, Florida
 1610  Statutes, is reenacted to read:
 1611         944.801 Education for state prisoners.—
 1612         (7) The department may contract with a district school
 1613  board, the Florida Virtual School, or a charter school
 1614  authorized to operate under s. 1002.33 to provide education
 1615  services in the Correctional Education Program. The education
 1616  services may include any educational, career, or vocational
 1617  training that is authorized by the department.
 1618         Section 14. For the purpose of incorporating the amendment
 1619  made by this act to section 1002.33, Florida Statutes, in a
 1620  reference thereto, subsection (1) of section 951.176, Florida
 1621  Statutes, is reenacted to read:
 1622         951.176 Provision of education.—
 1623         (1) Each county may contract with a district school board,
 1624  the Florida Virtual School, or a charter school authorized to
 1625  operate under s. 1002.33 to provide education services for
 1626  inmates at county detention facilities. The education services
 1627  may include any educational, career, or vocational training that
 1628  is authorized by the sheriff or chief correctional officer, or
 1629  his or her designee.
 1630         Section 15. For the purpose of incorporating the amendment
 1631  made by this act to section 1002.33, Florida Statutes, in a
 1632  reference thereto, paragraph (d) of subsection (3) of section
 1633  1006.15, Florida Statutes, is reenacted to read:
 1634         1006.15 Student standards for participation in
 1635  interscholastic and intrascholastic extracurricular student
 1636  activities; regulation.—
 1637         (3)
 1638         (d) An individual charter school student pursuant to s.
 1639  1002.33 is eligible to participate at the public school to which
 1640  the student would be assigned according to district school board
 1641  attendance area policies or which the student could attend in
 1642  any interscholastic extracurricular activity of that school,
 1643  unless such activity is provided by the student’s charter
 1644  school, if the following conditions are met:
 1645         1. The charter school student must meet the requirements of
 1646  the charter school education program as determined by the
 1647  charter school governing board.
 1648         2. During the period of participation at a school, the
 1649  charter school student must demonstrate educational progress as
 1650  required in paragraph (b).
 1651         3. The charter school student must meet the same residency
 1652  requirements as other students in the school at which he or she
 1653  participates.
 1654         4. The charter school student must meet the same standards
 1655  of acceptance, behavior, and performance that are required of
 1656  other students in extracurricular activities.
 1657         5. The charter school student must register with the school
 1658  his or her intent to participate in interscholastic
 1659  extracurricular activities as a representative of the school
 1660  before participation. A charter school student must be able to
 1661  participate in curricular activities if that is a requirement
 1662  for an extracurricular activity.
 1663         6. A student who transfers from a charter school program to
 1664  a traditional public school before or during the first grading
 1665  period of the school year is academically eligible to
 1666  participate in interscholastic extracurricular activities during
 1667  the first grading period if the student has a successful
 1668  evaluation from the previous school year, pursuant to
 1669  subparagraph 2.
 1670         7. Any public school or private school student who has been
 1671  unable to maintain academic eligibility for participation in
 1672  interscholastic extracurricular activities is ineligible to
 1673  participate in such activities as a charter school student until
 1674  the student has successfully completed one grading period in a
 1675  charter school pursuant to subparagraph 2. to become eligible to
 1676  participate as a charter school student.
 1677         Section 16. For the purpose of incorporating the amendment
 1678  made by this act to section 1002.33, Florida Statutes, in a
 1679  reference thereto, paragraph (c) of subsection (3) of section
 1680  1008.33, Florida Statutes, is reenacted to read:
 1681         1008.33 Authority to enforce public school improvement.—
 1682         (3)
 1683         (c) The state board shall adopt by rule a differentiated
 1684  matrix of intervention and support strategies for assisting
 1685  traditional public schools identified under this section and
 1686  rules for implementing s. 1002.33(9)(n), relating to charter
 1687  schools. The intervention and support strategies must address
 1688  student performance and may include improvement planning;
 1689  leadership quality improvement; educator quality improvement;
 1690  professional development; curriculum review, pacing, and
 1691  alignment across grade levels to improve background knowledge in
 1692  social studies, science, and the arts; and the use of continuous
 1693  improvement and monitoring plans and processes. In addition, the
 1694  state board may prescribe reporting requirements to review and
 1695  monitor the progress of the schools. The rule must define the
 1696  intervention and support strategies for school improvement for
 1697  schools earning a grade of “D” or “F” and the roles for the
 1698  district and department.
 1699         Section 17. For the purpose of incorporating the amendment
 1700  made by this act to section 1002.33, Florida Statutes, in a
 1701  reference thereto, paragraph (c) of subsection (1) of section
 1702  1011.61, Florida Statutes, is reenacted to read:
 1703         1011.61 Definitions.—Notwithstanding the provisions of s.
 1704  1000.21, the following terms are defined as follows for the
 1705  purposes of the Florida Education Finance Program:
 1706         (1) A “full-time equivalent student” in each program of the
 1707  district is defined in terms of full-time students and part-time
 1708  students as follows:
 1709         (c)1. A “full-time equivalent student” is:
 1710         a. A full-time student in any one of the programs listed in
 1711  s. 1011.62(1)(c); or
 1712         b. A combination of full-time or part-time students in any
 1713  one of the programs listed in s. 1011.62(1)(c) which is the
 1714  equivalent of one full-time student based on the following
 1715  calculations:
 1716         (I) A full-time student in a combination of programs listed
 1717  in s. 1011.62(1)(c) shall be a fraction of a full-time
 1718  equivalent membership in each special program equal to the
 1719  number of net hours per school year for which he or she is a
 1720  member, divided by the appropriate number of hours set forth in
 1721  subparagraph (a)1. The difference between that fraction or sum
 1722  of fractions and the maximum value as set forth in subsection
 1723  (4) for each full-time student is presumed to be the balance of
 1724  the student’s time not spent in a special program and shall be
 1725  recorded as time in the appropriate basic program.
 1726         (II) A prekindergarten student with a disability shall meet
 1727  the requirements specified for kindergarten students.
 1728         (III) A full-time equivalent student for students in
 1729  kindergarten through grade 12 in a full-time virtual instruction
 1730  program under s. 1002.45 or a virtual charter school under s.
 1731  1002.33 shall consist of six full-credit completions or the
 1732  prescribed level of content that counts toward promotion to the
 1733  next grade in programs listed in s. 1011.62(1)(c). Credit
 1734  completions may be a combination of full-credit courses or half
 1735  credit courses.
 1736         (IV) A full-time equivalent student for students in
 1737  kindergarten through grade 12 in a part-time virtual instruction
 1738  program under s. 1002.45 shall consist of six full-credit
 1739  completions in programs listed in s. 1011.62(1)(c)1. and 3.
 1740  Credit completions may be a combination of full-credit courses
 1741  or half-credit courses.
 1742         (V) A Florida Virtual School full-time equivalent student
 1743  shall consist of six full-credit completions or the prescribed
 1744  level of content that counts toward promotion to the next grade
 1745  in the programs listed in s. 1011.62(1)(c)1. and 3. for students
 1746  participating in kindergarten through grade 12 part-time virtual
 1747  instruction and the programs listed in s. 1011.62(1)(c) for
 1748  students participating in kindergarten through grade 12 full
 1749  time virtual instruction. Credit completions may be a
 1750  combination of full-credit courses or half-credit courses.
 1751         (VI) Each successfully completed full-credit course earned
 1752  through an online course delivered by a district other than the
 1753  one in which the student resides shall be calculated as 1/6 FTE.
 1754         (VII) A full-time equivalent student for courses requiring
 1755  passage of a statewide, standardized end-of-course assessment
 1756  under s. 1003.4282 to earn a standard high school diploma shall
 1757  be defined and reported based on the number of instructional
 1758  hours as provided in this subsection.
 1759         (VIII) For students enrolled in a school district as a
 1760  full-time student, the district may report 1/6 FTE for each
 1761  student who passes a statewide, standardized end-of-course
 1762  assessment without being enrolled in the corresponding course.
 1763         2. A student in membership in a program scheduled for more
 1764  or less than 180 school days or the equivalent on an hourly
 1765  basis as specified by rules of the State Board of Education is a
 1766  fraction of a full-time equivalent membership equal to the
 1767  number of instructional hours in membership divided by the
 1768  appropriate number of hours set forth in subparagraph (a)1.;
 1769  however, for the purposes of this subparagraph, membership in
 1770  programs scheduled for more than 180 days is limited to students
 1771  enrolled in:
 1772         a. Juvenile justice education programs.
 1773         b. The Florida Virtual School.
 1774         c. Virtual instruction programs and virtual charter schools
 1775  for the purpose of course completion and credit recovery
 1776  pursuant to ss. 1002.45 and 1003.498. Course completion applies
 1777  only to a student who is reported during the second or third
 1778  membership surveys and who does not complete a virtual education
 1779  course by the end of the regular school year. The course must be
 1780  completed no later than the deadline for amending the final
 1781  student enrollment survey for that year. Credit recovery applies
 1782  only to a student who has unsuccessfully completed a traditional
 1783  or virtual education course during the regular school year and
 1784  must retake the course in order to be eligible to graduate with
 1785  the student’s class.
 1787  The full-time equivalent student enrollment calculated under
 1788  this subsection is subject to the requirements in subsection
 1789  (4).
 1791  The department shall determine and implement an equitable method
 1792  of equivalent funding for schools operating under emergency
 1793  conditions, which schools have been approved by the department
 1794  to operate for less than the minimum term as provided in s.
 1795  1011.60(2).
 1796         Section 18. This act shall take effect July 1, 2020.