Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS/CS/SB 1028, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/RM         .           Floor: CA            
             04/28/2021 02:10 PM       .      04/28/2021 06:33 PM       

       Senator Hutson moved the following:
    1         Senate Amendment to House Amendment (436105) (with title
    2  amendment)
    4         Delete lines 5 - 1747
    5  and insert:
    6         Section 1. Subsection (10) of section 1001.43, Florida
    7  Statutes, is amended to read:
    8         1001.43 Supplemental powers and duties of district school
    9  board.—The district school board may exercise the following
   10  supplemental powers and duties as authorized by this code or
   11  State Board of Education rule.
   13  district school board may adopt policies and procedures
   14  necessary for the daily business operation of the district
   15  school board, including, but not limited to, the provision of
   16  legal services for the district school board; conducting a
   17  district legislative program; district school board member
   18  participation at conferences, conventions, and workshops,
   19  including member compensation and reimbursement for expenses;
   20  district school board policy development, adoption, and repeal;
   21  district school board meeting procedures, including
   22  participation via telecommunications networks, use of technology
   23  at meetings, and presentations by nondistrict personnel; citizen
   24  communications with the district school board and with
   25  individual district school board members; collaboration with
   26  local government and other entities as required by law; and
   27  organization of the district school board, including special
   28  committees and advisory committees. Members of special
   29  committees and advisory committees may attend meetings in person
   30  or through the use of telecommunications networks such as
   31  telephonic and video conferencing.
   32         Section 2. Subsection (2) of section 1002.32, Florida
   33  Statutes, is amended to read:
   34         1002.32 Developmental research (laboratory) schools.—
   35         (2) ESTABLISHMENT.—There is established a category of
   36  public schools to be known as developmental research
   37  (laboratory) schools (lab schools). Each lab school shall
   38  provide sequential instruction and shall be affiliated with the
   39  college of education within the state university of closest
   40  geographic proximity. A lab school to which a charter has been
   41  issued under s. 1002.33(5)(a)2. must be affiliated with the
   42  college of education within the state university that issued the
   43  charter, but is not subject to the requirement that the state
   44  university be of closest geographic proximity. For the purpose
   45  of state funding, Florida Agricultural and Mechanical
   46  University, Florida Atlantic University, Florida State
   47  University, the University of Florida, and other universities
   48  approved by the State Board of Education and the Legislature are
   49  authorized to sponsor a lab school. The limitation of one lab
   50  school per university shall not apply to the following
   51  legislatively allowed charter lab schools authorized prior to
   52  June 1, 2003: Florida State University Charter Lab K-12 School
   53  in Broward County, Florida Atlantic University Charter Lab K-12
   54  9-12 High School in Palm Beach County, and Florida Atlantic
   55  University Charter Lab K-12 School in St. Lucie County. The
   56  limitation of one lab school per university does not apply to a
   57  university that establishes a lab school to serve families of a
   58  military installation that is within the same county as a branch
   59  campus that offers programs from the university’s college of
   60  education.
   61         Section 3. Paragraph (d) of subsection (4) of section
   62  1002.321, Florida Statutes, is amended to read:
   63         1002.321 Digital learning.—
   64         (4) CUSTOMIZED AND ACCELERATED LEARNING.—A school district
   65  must establish multiple opportunities for student participation
   66  in part-time and full-time kindergarten through grade 12 virtual
   67  instruction. Options include, but are not limited to:
   68         (d) Full-time Virtual charter school instruction authorized
   69  under s. 1002.33.
   70         Section 4. Subsection (1), paragraph (c) of subsection (2),
   71  subsection (5), paragraphs (b) and (d) of subsection (6),
   72  paragraphs (a), (b), and (d) of subsection (7), paragraphs (c),
   73  (d), and (e) of subsection (8), paragraphs (g) and (n) of
   74  subsection (9), paragraphs (d) and (e) of subsection (10),
   75  subsection (14), paragraph (c) of subsection (15), subsection
   76  (17), paragraph (e) of subsection (18), subsections (20) and
   77  (21), paragraph (a) of subsection (25), and subsection (28) of
   78  section 1002.33, Florida Statutes, are amended to read:
   79         1002.33 Charter schools.—
   80         (1) AUTHORIZATION.—All charter schools in Florida are
   81  public schools and shall be part of the state’s program of
   82  public education. A charter school may be formed by creating a
   83  new school or converting an existing public school to charter
   84  status. A charter school may operate a virtual charter school
   85  pursuant to s. 1002.45(1)(d) to provide full-time online
   86  instruction to students, pursuant to s. 1002.455, in
   87  kindergarten through grade 12. The school district in which the
   88  student enrolls in the virtual charter school shall report the
   89  student for funding pursuant to s. 1011.61(1)(c)1.b.(VI), and
   90  the home school district shall not report the student for
   91  funding. An existing charter school that is seeking to become a
   92  virtual charter school must amend its charter or submit a new
   93  application pursuant to subsection (6) to become a virtual
   94  charter school. A virtual charter school is subject to the
   95  requirements of this section; however, a virtual charter school
   96  is exempt from subsections (18) and (19), paragraph (20)(c), and
   97  s. 1003.03. A public school may not use the term charter in its
   98  name unless it has been approved under this section.
  100         (c) Charter schools may fulfill the following purposes:
  101         1. Create innovative measurement tools.
  102         2. Provide rigorous competition within the public school
  103  system district to stimulate continual improvement in all public
  104  schools.
  105         3. Expand the capacity of the public school system.
  106         4. Mitigate the educational impact created by the
  107  development of new residential dwelling units.
  108         5. Create new professional opportunities for teachers,
  109  including ownership of the learning program at the school site.
  110         (5) SPONSOR; DUTIES.—
  111         (a) Sponsoring entities.—
  112         1. A district school board may sponsor a charter school in
  113  the county over which the district school board has
  114  jurisdiction.
  115         2. A state university may grant a charter to a lab school
  116  created under s. 1002.32 and shall be considered to be the
  117  school’s sponsor. Such school shall be considered a charter lab
  118  school.
  119         3.Because needs relating to educational capacity,
  120  workforce qualifications, and career education opportunities are
  121  constantly changing and extend beyond school district
  122  boundaries:
  123         a.A state university may, upon approval by the Department
  124  of Education, solicit applications and sponsor a charter school
  125  to meet regional education or workforce demands by serving
  126  students from multiple school districts.
  127         b.A Florida College System institution may, upon approval
  128  by the Department of Education, solicit applications and sponsor
  129  a charter school in any county within its service area to meet
  130  workforce demands and may offer postsecondary programs leading
  131  to industry certifications to eligible charter school students.
  132  A charter school established under subparagraph (b)4. may not be
  133  sponsored by a Florida College System institution until its
  134  existing charter with the school district expires as provided
  135  under subsection (7).
  136         c.Notwithstanding paragraph (6)(b), a state university or
  137  Florida College System institution may, at its discretion, deny
  138  an application for a charter school.
  139         (b) Sponsor duties.—
  140         1.a. The sponsor shall monitor and review the charter
  141  school in its progress toward the goals established in the
  142  charter.
  143         b. The sponsor shall monitor the revenues and expenditures
  144  of the charter school and perform the duties provided in s.
  145  1002.345.
  146         c. The sponsor may approve a charter for a charter school
  147  before the applicant has identified space, equipment, or
  148  personnel, if the applicant indicates approval is necessary for
  149  it to raise working funds.
  150         d. The sponsor shall not apply its policies to a charter
  151  school unless mutually agreed to by both the sponsor and the
  152  charter school. If the sponsor subsequently amends any agreed
  153  upon sponsor policy, the version of the policy in effect at the
  154  time of the execution of the charter, or any subsequent
  155  modification thereof, shall remain in effect and the sponsor may
  156  not hold the charter school responsible for any provision of a
  157  newly revised policy until the revised policy is mutually agreed
  158  upon.
  159         e. The sponsor shall ensure that the charter is innovative
  160  and consistent with the state education goals established by s.
  161  1000.03(5).
  162         f. The sponsor shall ensure that the charter school
  163  participates in the state’s education accountability system. If
  164  a charter school falls short of performance measures included in
  165  the approved charter, the sponsor shall report such shortcomings
  166  to the Department of Education.
  167         g. The sponsor shall not be liable for civil damages under
  168  state law for personal injury, property damage, or death
  169  resulting from an act or omission of an officer, employee,
  170  agent, or governing body of the charter school.
  171         h. The sponsor shall not be liable for civil damages under
  172  state law for any employment actions taken by an officer,
  173  employee, agent, or governing body of the charter school.
  174         i. The sponsor’s duties to monitor the charter school shall
  175  not constitute the basis for a private cause of action.
  176         j. The sponsor shall not impose additional reporting
  177  requirements on a charter school without providing reasonable
  178  and specific justification in writing to the charter school.
  179         k. The sponsor shall submit an annual report to the
  180  Department of Education in a web-based format to be determined
  181  by the department.
  182         (I) The report shall include the following information:
  183         (A) The number of draft applications received on or before
  184  May 1 and each applicant’s contact information.
  185         (B) The number of final applications received during the
  186  school year and up to on or before August 1 and each applicant’s
  187  contact information.
  188         (B)(C) The date each application was approved, denied, or
  189  withdrawn.
  190         (C)(D) The date each final contract was executed.
  191         (II) Annually, by November 1 Beginning August 31, 2013, and
  192  each year thereafter, the sponsor shall submit to the department
  193  the information for the applications submitted the previous
  194  year.
  195         (III) The department shall compile an annual report, by
  196  sponsor district, and post the report on its website by January
  197  15 November 1 of each year.
  198         2. Immunity for the sponsor of a charter school under
  199  subparagraph 1. applies only with respect to acts or omissions
  200  not under the sponsor’s direct authority as described in this
  201  section.
  202         3. This paragraph does not waive a sponsor’s district
  203  school board’s sovereign immunity.
  204         4. A Florida College System institution may work with the
  205  school district or school districts in its designated service
  206  area to develop charter schools that offer secondary education.
  207  These charter schools must include an option for students to
  208  receive an associate degree upon high school graduation. If a
  209  Florida College System institution operates an approved teacher
  210  preparation program under s. 1004.04 or s. 1004.85, the
  211  institution may operate no more than one charter schools school
  212  that serve serves students in kindergarten through grade 12 in
  213  any school district within the service area of the institution.
  214  In kindergarten through grade 8, the charter school shall
  215  implement innovative blended learning instructional models in
  216  which, for a given course, a student learns in part through
  217  online delivery of content and instruction with some element of
  218  student control over time, place, path, or pace and in part at a
  219  supervised brick-and-mortar location away from home. A student
  220  in a blended learning course must be a full-time student of the
  221  charter school and receive the online instruction in a classroom
  222  setting at the charter school. District school boards shall
  223  cooperate with and assist the Florida College System institution
  224  on the charter application. Florida College System institution
  225  applications for charter schools are not subject to the time
  226  deadlines outlined in subsection (6) and may be approved by the
  227  district school board at any time during the year. Florida
  228  College System institutions may not report FTE for any students
  229  participating under this subparagraph who receive FTE funding
  230  through the Florida Education Finance Program.
  231         5. For purposes of assisting the development of a charter
  232  school, a school district may enter into nonexclusive interlocal
  233  agreements with federal and state agencies, counties,
  234  municipalities, and other governmental entities that operate
  235  within the geographical borders of the school district to act on
  236  behalf of such governmental entities in the inspection,
  237  issuance, and other necessary activities for all necessary
  238  permits, licenses, and other permissions that a charter school
  239  needs in order for development, construction, or operation. A
  240  charter school may use, but may not be required to use, a school
  241  district for these services. The interlocal agreement must
  242  include, but need not be limited to, the identification of fees
  243  that charter schools will be charged for such services. The fees
  244  must consist of the governmental entity’s fees plus a fee for
  245  the school district to recover no more than actual costs for
  246  providing such services. These services and fees are not
  247  included within the services to be provided pursuant to
  248  subsection (20). Notwithstanding any other provision of law, an
  249  interlocal agreement between a school district and a federal or
  250  state agency, county, municipality, or other governmental entity
  251  which prohibits or limits the creation of a charter school
  252  within the geographic borders of the school district is void and
  253  unenforceable.
  254         6.The board of trustees of a sponsoring state university
  255  or Florida College System institution under paragraph (a) is the
  256  local educational agency for all charter schools it sponsors for
  257  purposes of receiving federal funds and accepts full
  258  responsibility for all local educational agency requirements and
  259  the schools for which it will perform local educational agency
  260  responsibilities. A student enrolled in a charter school that is
  261  sponsored by a state university or Florida College System
  262  institution may not be included in the calculation of the school
  263  district’s grade under s. 1008.34(5) for the school district in
  264  which he or she resides.
  265         (c)Sponsor accountability.
  266         1.The department shall, in collaboration with charter
  267  school sponsors and charter school operators, develop a sponsor
  268  evaluation framework that must address, at a minimum:
  269         a.The sponsor’s strategic vision for charter school
  270  authorization and the sponsor’s progress toward that vision.
  271         b.The alignment of the sponsor’s policies and practices to
  272  best practices for charter school authorization.
  273         c.The academic and financial performance of all operating
  274  charter schools overseen by the sponsor.
  275         d.The status of charter schools authorized by the sponsor,
  276  including approved, operating, and closed schools.
  277         2.The department shall compile the results by sponsor and
  278  include the results in the report required under sub-sub
  279  subparagraph (b)1.k.(III).
  280         (6) APPLICATION PROCESS AND REVIEW.—Charter school
  281  applications are subject to the following requirements:
  282         (b) A sponsor shall receive and review all applications for
  283  a charter school using the evaluation instrument developed by
  284  the Department of Education. A sponsor shall receive and
  285  consider charter school applications received on or before
  286  August 1 of each calendar year for charter schools to be opened
  287  at the beginning of the school district’s next school year, or
  288  to be opened at a time agreed to by the applicant and the
  289  sponsor. A sponsor may not refuse to receive a charter school
  290  application submitted before August 1 and may receive an
  291  application submitted later than August 1 if it chooses.
  292  Beginning in 2018 and thereafter, A sponsor shall receive and
  293  consider charter school applications received on or before
  294  February 1 of each calendar year for charter schools to be
  295  opened 18 months later at the beginning of the school district’s
  296  school year, or to be opened at a time determined by the
  297  applicant. A sponsor may not refuse to receive a charter school
  298  application submitted before February 1 and may receive an
  299  application submitted later than February 1 if it chooses. A
  300  sponsor may not charge an applicant for a charter any fee for
  301  the processing or consideration of an application, and a sponsor
  302  may not base its consideration or approval of a final
  303  application upon the promise of future payment of any kind.
  304  Before approving or denying any application, the sponsor shall
  305  allow the applicant, upon receipt of written notification, at
  306  least 7 calendar days to make technical or nonsubstantive
  307  corrections and clarifications, including, but not limited to,
  308  corrections of grammatical, typographical, and like errors or
  309  missing signatures, if such errors are identified by the sponsor
  310  as cause to deny the final application.
  311         1. In order to facilitate an accurate budget projection
  312  process, a sponsor shall be held harmless for FTE students who
  313  are not included in the FTE projection due to approval of
  314  charter school applications after the FTE projection deadline.
  315  In a further effort to facilitate an accurate budget projection,
  316  within 15 calendar days after receipt of a charter school
  317  application, a sponsor shall report to the Department of
  318  Education the name of the applicant entity, the proposed charter
  319  school location, and its projected FTE.
  320         2. In order to ensure fiscal responsibility, an application
  321  for a charter school shall include a full accounting of expected
  322  assets, a projection of expected sources and amounts of income,
  323  including income derived from projected student enrollments and
  324  from community support, and an expense projection that includes
  325  full accounting of the costs of operation, including start-up
  326  costs.
  327         3.a. A sponsor shall by a majority vote approve or deny an
  328  application no later than 90 calendar days after the application
  329  is received, unless the sponsor and the applicant mutually agree
  330  in writing to temporarily postpone the vote to a specific date,
  331  at which time the sponsor shall by a majority vote approve or
  332  deny the application. If the sponsor fails to act on the
  333  application, an applicant may appeal to the State Board of
  334  Education as provided in paragraph (c). If an application is
  335  denied, the sponsor shall, within 10 calendar days after such
  336  denial, articulate in writing the specific reasons, based upon
  337  good cause, supporting its denial of the application and shall
  338  provide the letter of denial and supporting documentation to the
  339  applicant and to the Department of Education.
  340         b. An application submitted by a high-performing charter
  341  school identified pursuant to s. 1002.331 or a high-performing
  342  charter school system identified pursuant to s. 1002.332 may be
  343  denied by the sponsor only if the sponsor demonstrates by clear
  344  and convincing evidence that:
  345         (I) The application of a high-performing charter school
  346  does not materially comply with the requirements in paragraph
  347  (a) or, for a high-performing charter school system, the
  348  application does not materially comply with s. 1002.332(2)(b);
  349         (II) The charter school proposed in the application does
  350  not materially comply with the requirements in paragraphs
  351  (9)(a)-(f);
  352         (III) The proposed charter school’s educational program
  353  does not substantially replicate that of the applicant or one of
  354  the applicant’s high-performing charter schools;
  355         (IV) The applicant has made a material misrepresentation or
  356  false statement or concealed an essential or material fact
  357  during the application process; or
  358         (V) The proposed charter school’s educational program and
  359  financial management practices do not materially comply with the
  360  requirements of this section.
  362  Material noncompliance is a failure to follow requirements or a
  363  violation of prohibitions applicable to charter school
  364  applications, which failure is quantitatively or qualitatively
  365  significant either individually or when aggregated with other
  366  noncompliance. An applicant is considered to be replicating a
  367  high-performing charter school if the proposed school is
  368  substantially similar to at least one of the applicant’s high
  369  performing charter schools and the organization or individuals
  370  involved in the establishment and operation of the proposed
  371  school are significantly involved in the operation of replicated
  372  schools.
  373         c. If the sponsor denies an application submitted by a
  374  high-performing charter school or a high-performing charter
  375  school system, the sponsor must, within 10 calendar days after
  376  such denial, state in writing the specific reasons, based upon
  377  the criteria in sub-subparagraph b., supporting its denial of
  378  the application and must provide the letter of denial and
  379  supporting documentation to the applicant and to the Department
  380  of Education. The applicant may appeal the sponsor’s denial of
  381  the application in accordance with paragraph (c).
  382         4. For budget projection purposes, the sponsor shall report
  383  to the Department of Education the approval or denial of an
  384  application within 10 calendar days after such approval or
  385  denial. In the event of approval, the report to the Department
  386  of Education shall include the final projected FTE for the
  387  approved charter school.
  388         5. Upon approval of an application, the initial startup
  389  shall commence with the beginning of the public school calendar
  390  for the district in which the charter is granted. A charter
  391  school may defer the opening of the school’s operations for up
  392  to 3 years to provide time for adequate facility planning. The
  393  charter school must provide written notice of such intent to the
  394  sponsor and the parents of enrolled students at least 30
  395  calendar days before the first day of school.
  396         (d)1. The sponsor shall act upon the decision of the State
  397  Board of Education within 30 calendar days after it is received.
  398  The State Board of Education’s decision is a final action
  399  subject to judicial review in the district court of appeal. A
  400  prevailing party may file an action with the Division of
  401  Administrative Hearings to recover reasonable attorney fees and
  402  costs incurred during the denial of the application and any
  403  appeals.
  404         2.A school district that fails to implement the decision
  405  affirmed by a district court of appeal shall reduce the
  406  administrative fees withheld pursuant to subsection (20) to 1
  407  percent for all charter schools operating in the school
  408  district. Such school districts shall file a monthly report
  409  detailing the reduction in the amount of administrative fees
  410  withheld. Upon execution of the charter, the sponsor may resume
  411  withholding the full amount of administrative fees but may not
  412  recover any fees that would have otherwise accrued during the
  413  period of noncompliance. Any charter school that had
  414  administrative fees withheld in violation of this paragraph may
  415  recover attorney fees and costs to enforce the requirements of
  416  this paragraph.
  417         (7) CHARTER.—The terms and conditions for the operation of
  418  a charter school shall be set forth by the sponsor and the
  419  applicant in a written contractual agreement, called a charter.
  420  The sponsor and the governing board of the charter school shall
  421  use the standard charter contract pursuant to subsection (21),
  422  which shall incorporate the approved application and any addenda
  423  approved with the application. Any term or condition of a
  424  proposed charter contract that differs from the standard charter
  425  contract adopted by rule of the State Board of Education shall
  426  be presumed a limitation on charter school flexibility. The
  427  sponsor may not impose unreasonable rules or regulations that
  428  violate the intent of giving charter schools greater flexibility
  429  to meet educational goals. The charter shall be signed by the
  430  governing board of the charter school and the sponsor, following
  431  a public hearing to ensure community input.
  432         (a) The charter shall address and criteria for approval of
  433  the charter shall be based on:
  434         1. The school’s mission, the students to be served, and the
  435  ages and grades to be included.
  436         2. The focus of the curriculum, the instructional methods
  437  to be used, any distinctive instructional techniques to be
  438  employed, and identification and acquisition of appropriate
  439  technologies needed to improve educational and administrative
  440  performance which include a means for promoting safe, ethical,
  441  and appropriate uses of technology which comply with legal and
  442  professional standards.
  443         a. The charter shall ensure that reading is a primary focus
  444  of the curriculum and that resources are provided to identify
  445  and provide specialized instruction for students who are reading
  446  below grade level. The curriculum and instructional strategies
  447  for reading must be consistent with the Next Generation Sunshine
  448  State Standards and grounded in scientifically based reading
  449  research.
  450         b. In order to provide students with access to diverse
  451  instructional delivery models, to facilitate the integration of
  452  technology within traditional classroom instruction, and to
  453  provide students with the skills they need to compete in the
  454  21st century economy, the Legislature encourages instructional
  455  methods for blended learning courses consisting of both
  456  traditional classroom and online instructional techniques.
  457  Charter schools may implement blended learning courses which
  458  combine traditional classroom instruction and virtual
  459  instruction. Students in a blended learning course must be full
  460  time students of the charter school pursuant to s.
  461  1011.61(1)(a)1. Instructional personnel certified pursuant to s.
  462  1012.55 who provide virtual instruction for blended learning
  463  courses may be employees of the charter school or may be under
  464  contract to provide instructional services to charter school
  465  students. At a minimum, such instructional personnel must hold
  466  an active state or school district adjunct certification under
  467  s. 1012.57 for the subject area of the blended learning course.
  468  The funding and performance accountability requirements for
  469  blended learning courses are the same as those for traditional
  470  courses.
  471         3. The current incoming baseline standard of student
  472  academic achievement, the outcomes to be achieved, and the
  473  method of measurement that will be used. The criteria listed in
  474  this subparagraph shall include a detailed description of:
  475         a. How the baseline student academic achievement levels and
  476  prior rates of academic progress will be established.
  477         b. How these baseline rates will be compared to rates of
  478  academic progress achieved by these same students while
  479  attending the charter school.
  480         c. To the extent possible, how these rates of progress will
  481  be evaluated and compared with rates of progress of other
  482  closely comparable student populations.
  484  A The district school board is required to provide academic
  485  student performance data to charter schools for each of their
  486  students coming from the district school system, as well as
  487  rates of academic progress of comparable student populations in
  488  the district school system.
  489         4. The methods used to identify the educational strengths
  490  and needs of students and how well educational goals and
  491  performance standards are met by students attending the charter
  492  school. The methods shall provide a means for the charter school
  493  to ensure accountability to its constituents by analyzing
  494  student performance data and by evaluating the effectiveness and
  495  efficiency of its major educational programs. Students in
  496  charter schools shall, at a minimum, participate in the
  497  statewide assessment program created under s. 1008.22.
  498         5. In secondary charter schools, a method for determining
  499  that a student has satisfied the requirements for graduation in
  500  s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
  501         6. A method for resolving conflicts between the governing
  502  board of the charter school and the sponsor.
  503         7. The admissions procedures and dismissal procedures,
  504  including the school’s code of student conduct. Admission or
  505  dismissal must not be based on a student’s academic performance.
  506         8. The ways by which the school will achieve a
  507  racial/ethnic balance reflective of the community it serves or
  508  within the racial/ethnic range of other nearby public schools in
  509  the same school district.
  510         9. The financial and administrative management of the
  511  school, including a reasonable demonstration of the professional
  512  experience or competence of those individuals or organizations
  513  applying to operate the charter school or those hired or
  514  retained to perform such professional services and the
  515  description of clearly delineated responsibilities and the
  516  policies and practices needed to effectively manage the charter
  517  school. A description of internal audit procedures and
  518  establishment of controls to ensure that financial resources are
  519  properly managed must be included. Both public sector and
  520  private sector professional experience shall be equally valid in
  521  such a consideration.
  522         10. The asset and liability projections required in the
  523  application which are incorporated into the charter and shall be
  524  compared with information provided in the annual report of the
  525  charter school.
  526         11. A description of procedures that identify various risks
  527  and provide for a comprehensive approach to reduce the impact of
  528  losses; plans to ensure the safety and security of students and
  529  staff; plans to identify, minimize, and protect others from
  530  violent or disruptive student behavior; and the manner in which
  531  the school will be insured, including whether or not the school
  532  will be required to have liability insurance, and, if so, the
  533  terms and conditions thereof and the amounts of coverage.
  534         12. The term of the charter which shall provide for
  535  cancellation of the charter if insufficient progress has been
  536  made in attaining the student achievement objectives of the
  537  charter and if it is not likely that such objectives can be
  538  achieved before expiration of the charter. The initial term of a
  539  charter shall be for 5 years, excluding 2 planning years. In
  540  order to facilitate access to long-term financial resources for
  541  charter school construction, charter schools that are operated
  542  by a municipality or other public entity as provided by law are
  543  eligible for up to a 15-year charter, subject to approval by the
  544  sponsor district school board. A charter lab school is eligible
  545  for a charter for a term of up to 15 years. In addition, to
  546  facilitate access to long-term financial resources for charter
  547  school construction, charter schools that are operated by a
  548  private, not-for-profit, s. 501(c)(3) status corporation are
  549  eligible for up to a 15-year charter, subject to approval by the
  550  sponsor district school board. Such long-term charters remain
  551  subject to annual review and may be terminated during the term
  552  of the charter, but only according to the provisions set forth
  553  in subsection (8).
  554         13. The facilities to be used and their location. The
  555  sponsor may not require a charter school to have a certificate
  556  of occupancy or a temporary certificate of occupancy for such a
  557  facility earlier than 15 calendar days before the first day of
  558  school.
  559         14. The qualifications to be required of the teachers and
  560  the potential strategies used to recruit, hire, train, and
  561  retain qualified staff to achieve best value.
  562         15. The governance structure of the school, including the
  563  status of the charter school as a public or private employer as
  564  required in paragraph (12)(i).
  565         16. A timetable for implementing the charter which
  566  addresses the implementation of each element thereof and the
  567  date by which the charter shall be awarded in order to meet this
  568  timetable.
  569         17. In the case of an existing public school that is being
  570  converted to charter status, alternative arrangements for
  571  current students who choose not to attend the charter school and
  572  for current teachers who choose not to teach in the charter
  573  school after conversion in accordance with the existing
  574  collective bargaining agreement or district school board rule in
  575  the absence of a collective bargaining agreement. However,
  576  alternative arrangements shall not be required for current
  577  teachers who choose not to teach in a charter lab school, except
  578  as authorized by the employment policies of the state university
  579  which grants the charter to the lab school.
  580         18. Full disclosure of the identity of all relatives
  581  employed by the charter school who are related to the charter
  582  school owner, president, chairperson of the governing board of
  583  directors, superintendent, governing board member, principal,
  584  assistant principal, or any other person employed by the charter
  585  school who has equivalent decisionmaking authority. For the
  586  purpose of this subparagraph, the term “relative” means father,
  587  mother, son, daughter, brother, sister, uncle, aunt, first
  588  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  589  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  590  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  591  stepsister, half brother, or half sister.
  592         19. Implementation of the activities authorized under s.
  593  1002.331 by the charter school when it satisfies the eligibility
  594  requirements for a high-performing charter school. A high
  595  performing charter school shall notify its sponsor in writing by
  596  March 1 if it intends to increase enrollment or expand grade
  597  levels the following school year. The written notice shall
  598  specify the amount of the enrollment increase and the grade
  599  levels that will be added, as applicable.
  600         (b) The sponsor has 30 days after approval of the
  601  application to provide an initial proposed charter contract to
  602  the charter school. The applicant and the sponsor have 40 days
  603  thereafter to negotiate and notice the charter contract for
  604  final approval by the sponsor unless both parties agree to an
  605  extension. The proposed charter contract shall be provided to
  606  the charter school at least 7 calendar days before the date of
  607  the meeting at which the charter is scheduled to be voted upon
  608  by the sponsor. The Department of Education shall provide
  609  mediation services for any dispute regarding this section
  610  subsequent to the approval of a charter application and for any
  611  dispute relating to the approved charter, except a dispute
  612  regarding a charter school application denial. If either the
  613  charter school or the sponsor indicates in writing that the
  614  party does not desire to settle any dispute arising under this
  615  section through mediation procedures offered by the Department
  616  of Education, a charter school may immediately appeal any formal
  617  or informal decision by the sponsor to an administrative law
  618  judge appointed by the Division of Administrative Hearings. If
  619  the Commissioner of Education determines that the dispute cannot
  620  be settled through mediation, the dispute may also be appealed
  621  to an administrative law judge appointed by the Division of
  622  Administrative Hearings. The administrative law judge has final
  623  order authority to rule on issues of equitable treatment of the
  624  charter school as a public school, whether proposed provisions
  625  of the charter violate the intended flexibility granted charter
  626  schools by statute, or any other matter regarding this section,
  627  except a dispute regarding charter school application denial, a
  628  charter termination, or a charter nonrenewal. The administrative
  629  law judge shall award the prevailing party reasonable attorney
  630  fees and costs incurred during the mediation process,
  631  administrative proceeding, and any appeals, to be paid by the
  632  party whom the administrative law judge rules against.
  633         (d) A charter may be modified during its initial term or
  634  any renewal term upon the recommendation of the sponsor or the
  635  charter school’s governing board and the approval of both
  636  parties to the agreement. Changes to curriculum which are
  637  consistent with state standards shall be deemed approved unless
  638  the sponsor and the Department of Education determine in writing
  639  that the curriculum is inconsistent with state standards.
  640  Modification during any term may include, but is not limited to,
  641  consolidation of multiple charters into a single charter if the
  642  charters are operated under the same governing board, regardless
  643  of the renewal cycle. A charter school that is not subject to a
  644  school improvement plan and that closes as part of a
  645  consolidation shall be reported by the sponsor school district
  646  as a consolidation.
  648         (c) A charter may be terminated immediately if the sponsor
  649  sets forth in writing the particular facts and circumstances
  650  demonstrating indicating that an immediate and serious danger to
  651  the health, safety, or welfare of the charter school’s students
  652  exists, that the immediate and serious danger is likely to
  653  continue, and that an immediate termination of the charter is
  654  necessary. The sponsor’s determination is subject to the
  655  procedures set forth in paragraph (b), except that the hearing
  656  may take place after the charter has been terminated. The
  657  sponsor shall notify in writing the charter school’s governing
  658  board, the charter school principal, and the department of the
  659  facts and circumstances supporting the immediate termination if
  660  a charter is terminated immediately. The sponsor shall clearly
  661  identify the specific issues that resulted in the immediate
  662  termination and provide evidence of prior notification of issues
  663  resulting in the immediate termination, if applicable when
  664  appropriate. Upon receiving written notice from the sponsor, the
  665  charter school’s governing board has 10 calendar days to request
  666  a hearing. A requested hearing must be expedited and the final
  667  order must be issued within 60 days after the date of request.
  668  The administrative law judge shall award reasonable attorney
  669  fees and costs to the prevailing party of any injunction,
  670  administrative proceeding, or appeal. The sponsor may seek an
  671  injunction in the circuit court in which the charter school is
  672  located to enjoin continued operation of the charter school if
  673  shall assume operation of the charter school throughout the
  674  pendency of the hearing under paragraph (b) unless the continued
  675  operation of the charter school would materially threaten the
  676  health, safety, or welfare of the students. Failure by the
  677  sponsor to assume and continue operation of the charter school
  678  shall result in the awarding of reasonable costs and attorney’s
  679  fees to the charter school if the charter school prevails on
  680  appeal.
  681         (d) When a charter is not renewed or is terminated, the
  682  school shall be dissolved under the provisions of law under
  683  which the school was organized, and any unencumbered public
  684  funds, except for capital outlay funds and federal charter
  685  school program grant funds, from the charter school shall revert
  686  to the sponsor. Capital outlay funds provided pursuant to s.
  687  1013.62 and federal charter school program grant funds that are
  688  unencumbered shall revert to the department to be redistributed
  689  among eligible charter schools. In the event a charter school is
  690  dissolved or is otherwise terminated, all sponsor district
  691  school board property and improvements, furnishings, and
  692  equipment purchased with public funds shall automatically revert
  693  to full ownership by the sponsor district school board, subject
  694  to complete satisfaction of any lawful liens or encumbrances.
  695  Any unencumbered public funds from the charter school, district
  696  school board property and improvements, furnishings, and
  697  equipment purchased with public funds, or financial or other
  698  records pertaining to the charter school, in the possession of
  699  any person, entity, or holding company, other than the charter
  700  school, shall be held in trust upon the sponsor’s district
  701  school board’s request, until any appeal status is resolved.
  702         (e) If a charter is not renewed or is terminated, the
  703  charter school is responsible for all debts of the charter
  704  school. The sponsor district may not assume the debt from any
  705  contract made between the governing body of the school and a
  706  third party, except for a debt that is previously detailed and
  707  agreed upon in writing by both the sponsor district and the
  708  governing body of the school and that may not reasonably be
  709  assumed to have been satisfied by the sponsor district.
  711         (g)1. In order to provide financial information that is
  712  comparable to that reported for other public schools, charter
  713  schools are to maintain all financial records that constitute
  714  their accounting system:
  715         a. In accordance with the accounts and codes prescribed in
  716  the most recent issuance of the publication titled “Financial
  717  and Program Cost Accounting and Reporting for Florida Schools”;
  718  or
  719         b. At the discretion of the charter school’s governing
  720  board, a charter school may elect to follow generally accepted
  721  accounting standards for not-for-profit organizations, but must
  722  reformat this information for reporting according to this
  723  paragraph.
  724         2. Charter schools shall provide annual financial report
  725  and program cost report information in the state-required
  726  formats for inclusion in sponsor district reporting in
  727  compliance with s. 1011.60(1). Charter schools that are operated
  728  by a municipality or are a component unit of a parent nonprofit
  729  organization may use the accounting system of the municipality
  730  or the parent but must reformat this information for reporting
  731  according to this paragraph.
  732         3. A charter school shall, upon approval of the charter
  733  contract, provide the sponsor with a concise, uniform, monthly
  734  financial statement summary sheet that contains a balance sheet
  735  and a statement of revenue, expenditures, and changes in fund
  736  balance. The balance sheet and the statement of revenue,
  737  expenditures, and changes in fund balance shall be in the
  738  governmental funds format prescribed by the Governmental
  739  Accounting Standards Board. A high-performing charter school
  740  pursuant to s. 1002.331 may provide a quarterly financial
  741  statement in the same format and requirements as the uniform
  742  monthly financial statement summary sheet. The sponsor shall
  743  review each monthly or quarterly financial statement to identify
  744  the existence of any conditions identified in s. 1002.345(1)(a).
  745         4. A charter school shall maintain and provide financial
  746  information as required in this paragraph. The financial
  747  statement required in subparagraph 3. must be in a form
  748  prescribed by the Department of Education.
  749         (n)1. The director and a representative of the governing
  750  board of a charter school that has earned a grade of “D” or “F”
  751  pursuant to s. 1008.34 shall appear before the sponsor to
  752  present information concerning each contract component having
  753  noted deficiencies. The director and a representative of the
  754  governing board shall submit to the sponsor for approval a
  755  school improvement plan to raise student performance. Upon
  756  approval by the sponsor, the charter school shall begin
  757  implementation of the school improvement plan. The department
  758  shall offer technical assistance and training to the charter
  759  school and its governing board and establish guidelines for
  760  developing, submitting, and approving such plans.
  761         2.a. If a charter school earns three consecutive grades
  762  below a “C,” the charter school governing board shall choose one
  763  of the following corrective actions:
  764         (I) Contract for educational services to be provided
  765  directly to students, instructional personnel, and school
  766  administrators, as prescribed in state board rule;
  767         (II) Contract with an outside entity that has a
  768  demonstrated record of effectiveness to operate the school;
  769         (III) Reorganize the school under a new director or
  770  principal who is authorized to hire new staff; or
  771         (IV) Voluntarily close the charter school.
  772         b. The charter school must implement the corrective action
  773  in the school year following receipt of a third consecutive
  774  grade below a “C.”
  775         c. The sponsor may annually waive a corrective action if it
  776  determines that the charter school is likely to improve a letter
  777  grade if additional time is provided to implement the
  778  intervention and support strategies prescribed by the school
  779  improvement plan. Notwithstanding this sub-subparagraph, a
  780  charter school that earns a second consecutive grade of “F” is
  781  subject to subparagraph 3.
  782         d. A charter school is no longer required to implement a
  783  corrective action if it improves to a “C” or higher. However,
  784  the charter school must continue to implement strategies
  785  identified in the school improvement plan. The sponsor must
  786  annually review implementation of the school improvement plan to
  787  monitor the school’s continued improvement pursuant to
  788  subparagraph 4.
  789         e. A charter school implementing a corrective action that
  790  does not improve to a “C” or higher after 2 full school years of
  791  implementing the corrective action must select a different
  792  corrective action. Implementation of the new corrective action
  793  must begin in the school year following the implementation
  794  period of the existing corrective action, unless the sponsor
  795  determines that the charter school is likely to improve to a “C”
  796  or higher if additional time is provided to implement the
  797  existing corrective action. Notwithstanding this sub
  798  subparagraph, a charter school that earns a second consecutive
  799  grade of “F” while implementing a corrective action is subject
  800  to subparagraph 3.
  801         3. A charter school’s charter contract is automatically
  802  terminated if the school earns two consecutive grades of “F”
  803  after all school grade appeals are final unless:
  804         a. The charter school is established to turn around the
  805  performance of a district public school pursuant to s.
  806  1008.33(4)(b)2. Such charter schools shall be governed by s.
  807  1008.33;
  808         b. The charter school serves a student population the
  809  majority of which resides in a school zone served by a district
  810  public school subject to s. 1008.33(4) and the charter school
  811  earns at least a grade of “D” in its third year of operation.
  812  The exception provided under this sub-subparagraph does not
  813  apply to a charter school in its fourth year of operation and
  814  thereafter; or
  815         c. The state board grants the charter school a waiver of
  816  termination. The charter school must request the waiver within
  817  15 days after the department’s official release of school
  818  grades. The state board may waive termination if the charter
  819  school demonstrates that the Learning Gains of its students on
  820  statewide assessments are comparable to or better than the
  821  Learning Gains of similarly situated students enrolled in nearby
  822  district public schools. The waiver is valid for 1 year and may
  823  only be granted once. Charter schools that have been in
  824  operation for more than 5 years are not eligible for a waiver
  825  under this sub-subparagraph.
  827  The sponsor shall notify the charter school’s governing board,
  828  the charter school principal, and the department in writing when
  829  a charter contract is terminated under this subparagraph. A
  830  charter terminated under this subparagraph must follow the
  831  procedures for dissolution and reversion of public funds
  832  pursuant to paragraphs (8)(d)-(f) and (9)(o).
  833         4. The director and a representative of the governing board
  834  of a graded charter school that has implemented a school
  835  improvement plan under this paragraph shall appear before the
  836  sponsor at least once a year to present information regarding
  837  the progress of intervention and support strategies implemented
  838  by the school pursuant to the school improvement plan and
  839  corrective actions, if applicable. The sponsor shall communicate
  840  at the meeting, and in writing to the director, the services
  841  provided to the school to help the school address its
  842  deficiencies.
  843         5. Notwithstanding any provision of this paragraph except
  844  sub-subparagraphs 3.a.-c., the sponsor may terminate the charter
  845  at any time pursuant to subsection (8).
  846         (10) ELIGIBLE STUDENTS.—
  847         (d) A charter school may give enrollment preference to the
  848  following student populations:
  849         1. Students who are siblings of a student enrolled in the
  850  charter school.
  851         2. Students who are the children of a member of the
  852  governing board of the charter school.
  853         3. Students who are the children of an employee of the
  854  charter school.
  855         4. Students who are the children of:
  856         a.  An employee of the business partner of a charter
  857  school-in-the-workplace established under paragraph (15)(b) or a
  858  resident of the municipality in which such charter school is
  859  located; or
  860         b. A resident or employee of a municipality that operates a
  861  charter school-in-a-municipality pursuant to paragraph (15)(c)
  862  or allows a charter school to use a school facility or portion
  863  of land provided by the municipality for the operation of the
  864  charter school.
  865         5. Students who have successfully completed, during the
  866  previous year, a voluntary prekindergarten education program
  867  under ss. 1002.51-1002.79 provided by the charter school, or the
  868  charter school’s governing board, or a voluntary prekindergarten
  869  provider that has a written agreement with the governing board
  870  during the previous year.
  871         6. Students who are the children of an active duty member
  872  of any branch of the United States Armed Forces.
  873         7. Students who attended or are assigned to failing schools
  874  pursuant to s. 1002.38(2).
  875         (e) A charter school may limit the enrollment process only
  876  to target the following student populations:
  877         1. Students within specific age groups or grade levels.
  878         2. Students considered at risk of dropping out of school or
  879  academic failure. Such students shall include exceptional
  880  education students.
  881         3. Students enrolling in a charter school-in-the-workplace
  882  or charter school-in-a-municipality established pursuant to
  883  subsection (15).
  884         4. Students residing within a reasonable distance of the
  885  charter school, as described in paragraph (20)(c). Such students
  886  shall be subject to a random lottery and to the racial/ethnic
  887  balance provisions described in subparagraph (7)(a)8. or any
  888  federal provisions that require a school to achieve a
  889  racial/ethnic balance reflective of the community it serves or
  890  within the racial/ethnic range of other nearby public schools in
  891  the same school district.
  892         5. Students who meet reasonable academic, artistic, or
  893  other eligibility standards established by the charter school
  894  and included in the charter school application and charter or,
  895  in the case of existing charter schools, standards that are
  896  consistent with the school’s mission and purpose. Such standards
  897  shall be in accordance with current state law and practice in
  898  public schools and may not discriminate against otherwise
  899  qualified individuals.
  900         6. Students articulating from one charter school to another
  901  pursuant to an articulation agreement between the charter
  902  schools that has been approved by the sponsor.
  903         7. Students living in a development in which a developer,
  904  including any affiliated business entity or charitable
  905  foundation, contributes to the formation, acquisition,
  906  construction, or operation of one or more charter schools or
  907  charter provides the school facilities facility and related
  908  property in an amount equal to or having a total an appraised
  909  value of at least $5 million to be used as a charter schools
  910  school to mitigate the educational impact created by the
  911  development of new residential dwelling units. Students living
  912  in the development are shall be entitled to no more than 50
  913  percent of the student stations in the charter schools school.
  914  The students who are eligible for enrollment are subject to a
  915  random lottery, the racial/ethnic balance provisions, or any
  916  federal provisions, as described in subparagraph 4. The
  917  remainder of the student stations must shall be filled in
  918  accordance with subparagraph 4.
  921  NOT TO BE PLEDGED.—Any arrangement entered into to borrow or
  922  otherwise secure funds for a charter school authorized in this
  923  section from a source other than the state or a sponsor school
  924  district shall indemnify the state and the sponsor school
  925  district from any and all liability, including, but not limited
  926  to, financial responsibility for the payment of the principal or
  927  interest. Any loans, bonds, or other financial agreements are
  928  not obligations of the state or the sponsor school district but
  929  are obligations of the charter school authority and are payable
  930  solely from the sources of funds pledged by such agreement. The
  931  credit or taxing power of the state or the sponsor school
  932  district shall not be pledged and no debts shall be payable out
  933  of any moneys except those of the legal entity in possession of
  934  a valid charter approved by a sponsor district school board
  935  pursuant to this section.
  938         (c) A charter school-in-a-municipality designation may be
  939  granted to a municipality that possesses a charter; enrolls
  940  students based upon a random lottery that involves all of the
  941  children of the residents of that municipality who are seeking
  942  enrollment, as provided for in subsection (10); and enrolls
  943  students according to the racial/ethnic balance provisions
  944  described in subparagraph (7)(a)8. When a municipality has
  945  submitted charter applications for the establishment of a
  946  charter school feeder pattern, consisting of elementary, middle,
  947  and senior high schools, and each individual charter application
  948  is approved by the sponsor district school board, such schools
  949  shall then be designated as one charter school for all purposes
  950  listed pursuant to this section. Any portion of the land and
  951  facility used for a public charter school shall be exempt from
  952  ad valorem taxes, as provided for in s. 1013.54, for the
  953  duration of its use as a public school.
  954         (17) FUNDING.—Students enrolled in a charter school,
  955  regardless of the sponsorship, shall be funded as if they are in
  956  a basic program or a special program, the same as students
  957  enrolled in other public schools in a the school district.
  958  Funding for a charter lab school shall be as provided in s.
  959  1002.32.
  960         (a) Each charter school shall report its student enrollment
  961  to the sponsor as required in s. 1011.62, and in accordance with
  962  the definitions in s. 1011.61. The sponsor shall include each
  963  charter school’s enrollment in the sponsor’s district’s report
  964  of student enrollment. All charter schools submitting student
  965  record information required by the Department of Education shall
  966  comply with the Department of Education’s guidelines for
  967  electronic data formats for such data, and all sponsors
  968  districts shall accept electronic data that complies with the
  969  Department of Education’s electronic format.
  970         (b)1. The basis for the agreement for funding students
  971  enrolled in a charter school shall be the sum of the school
  972  district’s operating funds from the Florida Education Finance
  973  Program as provided in s. 1011.62 and the General Appropriations
  974  Act, including gross state and local funds, discretionary
  975  lottery funds, and funds from the school district’s current
  976  operating discretionary millage levy; divided by total funded
  977  weighted full-time equivalent students in the school district;
  978  and multiplied by the weighted full-time equivalent students for
  979  the charter school. Charter schools whose students or programs
  980  meet the eligibility criteria in law are entitled to their
  981  proportionate share of categorical program funds included in the
  982  total funds available in the Florida Education Finance Program
  983  by the Legislature, including transportation, the research-based
  984  reading allocation, and the Florida digital classrooms
  985  allocation. Total funding for each charter school shall be
  986  recalculated during the year to reflect the revised calculations
  987  under the Florida Education Finance Program by the state and the
  988  actual weighted full-time equivalent students reported by the
  989  charter school during the full-time equivalent student survey
  990  periods designated by the Commissioner of Education. For charter
  991  schools operated by a not-for-profit or municipal entity, any
  992  unrestricted current and capital assets identified in the
  993  charter school’s annual financial audit may be used for other
  994  charter schools operated by the not-for-profit or municipal
  995  entity within the school district. Unrestricted current assets
  996  shall be used in accordance with s. 1011.62, and any
  997  unrestricted capital assets shall be used in accordance with s.
  998  1013.62(2).
  999         2.a.Students enrolled in a charter school sponsored by a
 1000  state university or Florida College System institution pursuant
 1001  to paragraph (5)(a) shall be funded as if they are in a basic
 1002  program or a special program in the school district. The basis
 1003  for funding these students is the sum of the total operating
 1004  funds from the Florida Education Finance Program for the school
 1005  district in which the school is located as provided in s.
 1006  1011.62 and the General Appropriations Act, including gross
 1007  state and local funds, discretionary lottery funds, and funds
 1008  from each school district’s current operating discretionary
 1009  millage levy, divided by total funded weighted full-time
 1010  equivalent students in the district, and multiplied by the full
 1011  time equivalent membership of the charter school. The Department
 1012  of Education shall develop a tool that each state university or
 1013  Florida College System institution sponsoring a charter school
 1014  shall use for purposes of calculating the funding amount for
 1015  each eligible charter school student. The total amount obtained
 1016  from the calculation must be appropriated from state funds in
 1017  the General Appropriations Act to the charter school.
 1018         b.Capital outlay funding for a charter school sponsored by
 1019  a state university or Florida College System institution
 1020  pursuant to paragraph (5)(a) is determined pursuant to s.
 1021  1013.62 and the General Appropriations Act.
 1022         (c) Pursuant to 20 U.S.C. 8061 s. 10306, all charter
 1023  schools shall receive all federal funding for which the school
 1024  is otherwise eligible, including Title I funding, not later than
 1025  5 months after the charter school first opens and within 5
 1026  months after any subsequent expansion of enrollment. Unless
 1027  otherwise mutually agreed to by the charter school and its
 1028  sponsor, and consistent with state and federal rules and
 1029  regulations governing the use and disbursement of federal funds,
 1030  the sponsor shall reimburse the charter school on a monthly
 1031  basis for all invoices submitted by the charter school for
 1032  federal funds available to the sponsor for the benefit of the
 1033  charter school, the charter school’s students, and the charter
 1034  school’s students as public school students in the school
 1035  district. Such federal funds include, but are not limited to,
 1036  Title I, Title II, and Individuals with Disabilities Education
 1037  Act (IDEA) funds. To receive timely reimbursement for an
 1038  invoice, the charter school must submit the invoice to the
 1039  sponsor at least 30 days before the monthly date of
 1040  reimbursement set by the sponsor. In order to be reimbursed, any
 1041  expenditures made by the charter school must comply with all
 1042  applicable state rules and federal regulations, including, but
 1043  not limited to, the applicable federal Office of Management and
 1044  Budget Circulars; the federal Education Department General
 1045  Administrative Regulations; and program-specific statutes,
 1046  rules, and regulations. Such funds may not be made available to
 1047  the charter school until a plan is submitted to the sponsor for
 1048  approval of the use of the funds in accordance with applicable
 1049  federal requirements. The sponsor has 30 days to review and
 1050  approve any plan submitted pursuant to this paragraph.
 1051         (d) Charter schools shall be included by the Department of
 1052  Education and the district school board in requests for federal
 1053  stimulus funds in the same manner as district school board
 1054  operated public schools, including Title I and IDEA funds and
 1055  shall be entitled to receive such funds. Charter schools are
 1056  eligible to participate in federal competitive grants that are
 1057  available as part of the federal stimulus funds.
 1058         (e) Sponsors District school boards shall make timely and
 1059  efficient payment and reimbursement to charter schools,
 1060  including processing paperwork required to access special state
 1061  and federal funding for which they may be eligible. Payments of
 1062  funds under paragraph (b) shall be made monthly or twice a
 1063  month, beginning with the start of the sponsor’s district school
 1064  board’s fiscal year. Each payment shall be one-twelfth, or one
 1065  twenty-fourth, as applicable, of the total state and local funds
 1066  described in paragraph (b) and adjusted as set forth therein.
 1067  For the first 2 years of a charter school’s operation, if a
 1068  minimum of 75 percent of the projected enrollment is entered
 1069  into the sponsor’s student information system by the first day
 1070  of the current month, the sponsor district school board shall
 1071  distribute funds to the school for the months of July through
 1072  October based on the projected full-time equivalent student
 1073  membership of the charter school as submitted in the approved
 1074  application. If less than 75 percent of the projected enrollment
 1075  is entered into the sponsor’s student information system by the
 1076  first day of the current month, the sponsor shall base payments
 1077  on the actual number of student enrollment entered into the
 1078  sponsor’s student information system. Thereafter, the results of
 1079  full-time equivalent student membership surveys shall be used in
 1080  adjusting the amount of funds distributed monthly to the charter
 1081  school for the remainder of the fiscal year. The payments shall
 1082  be issued no later than 10 working days after the sponsor
 1083  district school board receives a distribution of state or
 1084  federal funds or the date the payment is due pursuant to this
 1085  subsection. If a warrant for payment is not issued within 10
 1086  working days after receipt of funding by the sponsor district
 1087  school board, the sponsor school district shall pay to the
 1088  charter school, in addition to the amount of the scheduled
 1089  disbursement, interest at a rate of 1 percent per month
 1090  calculated on a daily basis on the unpaid balance from the
 1091  expiration of the 10 working days until such time as the warrant
 1092  is issued. The district school board may not delay payment to a
 1093  charter school of any portion of the funds provided in paragraph
 1094  (b) based on the timing of receipt of local funds by the
 1095  district school board.
 1096         (f) Funding for a virtual charter school shall be as
 1097  provided in s. 1002.45(7).
 1098         (g) To be eligible for public education capital outlay
 1099  (PECO) funds, a charter school must be located in the State of
 1100  Florida.
 1101         (h) A charter school that implements a schoolwide standard
 1102  student attire policy pursuant to s. 1011.78 is eligible to
 1103  receive incentive payments.
 1104         (18) FACILITIES.—
 1105         (e) If a district school board facility or property is
 1106  available because it is surplus, marked for disposal, or
 1107  otherwise unused, it shall be provided for a charter school’s
 1108  use on the same basis as it is made available to other public
 1109  schools in the district. A charter school receiving property
 1110  from the sponsor school district may not sell or dispose of such
 1111  property without written permission of the sponsor school
 1112  district. Similarly, for an existing public school converting to
 1113  charter status, no rental or leasing fee for the existing
 1114  facility or for the property normally inventoried to the
 1115  conversion school may be charged by the district school board to
 1116  the parents and teachers organizing the charter school. The
 1117  charter school shall agree to reasonable maintenance provisions
 1118  in order to maintain the facility in a manner similar to
 1119  district school board standards. The Public Education Capital
 1120  Outlay maintenance funds or any other maintenance funds
 1121  generated by the facility operated as a conversion school shall
 1122  remain with the conversion school.
 1123         (20) SERVICES.—
 1124         (a)1. A sponsor shall provide certain administrative and
 1125  educational services to charter schools. These services shall
 1126  include contract management services; full-time equivalent and
 1127  data reporting services; exceptional student education
 1128  administration services; services related to eligibility and
 1129  reporting duties required to ensure that school lunch services
 1130  under the National School Lunch Program, consistent with the
 1131  needs of the charter school, are provided by the sponsor school
 1132  district at the request of the charter school, that any funds
 1133  due to the charter school under the National School Lunch
 1134  Program be paid to the charter school as soon as the charter
 1135  school begins serving food under the National School Lunch
 1136  Program, and that the charter school is paid at the same time
 1137  and in the same manner under the National School Lunch Program
 1138  as other public schools serviced by the sponsor or the school
 1139  district; test administration services, including payment of the
 1140  costs of state-required or district-required student
 1141  assessments; processing of teacher certificate data services;
 1142  and information services, including equal access to the
 1143  sponsor’s student information systems that are used by public
 1144  schools in the district in which the charter school is located
 1145  or by schools in the sponsor’s portfolio of charter schools if
 1146  the sponsor is not a school district. Student performance data
 1147  for each student in a charter school, including, but not limited
 1148  to, FCAT scores, standardized test scores, previous public
 1149  school student report cards, and student performance measures,
 1150  shall be provided by the sponsor to a charter school in the same
 1151  manner provided to other public schools in the district or by
 1152  schools in the sponsor’s portfolio of charter schools if the
 1153  sponsor is not a school district.
 1154         2. A sponsor may withhold an administrative fee for the
 1155  provision of such services which shall be a percentage of the
 1156  available funds defined in paragraph (17)(b) calculated based on
 1157  weighted full-time equivalent students. If the charter school
 1158  serves 75 percent or more exceptional education students as
 1159  defined in s. 1003.01(3), the percentage shall be calculated
 1160  based on unweighted full-time equivalent students. The
 1161  administrative fee shall be calculated as follows:
 1162         a. Up to 5 percent for:
 1163         (I) Enrollment of up to and including 250 students in a
 1164  charter school as defined in this section.
 1165         (II) Enrollment of up to and including 500 students within
 1166  a charter school system which meets all of the following:
 1167         (A) Includes conversion charter schools and nonconversion
 1168  charter schools.
 1169         (B) Has all of its schools located in the same county.
 1170         (C) Has a total enrollment exceeding the total enrollment
 1171  of at least one school district in this the state.
 1172         (D) Has the same governing board for all of its schools.
 1173         (E) Does not contract with a for-profit service provider
 1174  for management of school operations.
 1175         (III) Enrollment of up to and including 250 students in a
 1176  virtual charter school.
 1177         b. Up to 2 percent for enrollment of up to and including
 1178  250 students in a high-performing charter school as defined in
 1179  s. 1002.331.
 1180         c. Up to 2 percent for enrollment of up to and including
 1181  250 students in an exceptional student education center that
 1182  meets the requirements of the rules adopted by the State Board
 1183  of Education pursuant to s. 1008.3415(3).
 1184         3. A sponsor may not charge charter schools any additional
 1185  fees or surcharges for administrative and educational services
 1186  in addition to the maximum percentage of administrative fees
 1187  withheld pursuant to this paragraph.
 1188         4. A sponsor shall provide to the department by September
 1189  15 of each year the total amount of funding withheld from
 1190  charter schools pursuant to this subsection for the prior fiscal
 1191  year. The department must include the information in the report
 1192  required under sub-sub-subparagraph (5)(b)1.k.(III).
 1193         (b) If goods and services are made available to the charter
 1194  school through the contract with the sponsor school district,
 1195  they shall be provided to the charter school at a rate no
 1196  greater than the sponsor’s district’s actual cost unless
 1197  mutually agreed upon by the charter school and the sponsor in a
 1198  contract negotiated separately from the charter. When mediation
 1199  has failed to resolve disputes over contracted services or
 1200  contractual matters not included in the charter, an appeal may
 1201  be made to an administrative law judge appointed by the Division
 1202  of Administrative Hearings. The administrative law judge has
 1203  final order authority to rule on the dispute. The administrative
 1204  law judge shall award the prevailing party reasonable attorney
 1205  fees and costs incurred during the mediation process,
 1206  administrative proceeding, and any appeals, to be paid by the
 1207  party whom the administrative law judge rules against. To
 1208  maximize the use of state funds, sponsors school districts shall
 1209  allow charter schools to participate in the sponsor’s bulk
 1210  purchasing program if applicable.
 1211         (c) Transportation of charter school students shall be
 1212  provided by the charter school consistent with the requirements
 1213  of subpart I.E. of chapter 1006 and s. 1012.45. The governing
 1214  body of the charter school may provide transportation through an
 1215  agreement or contract with the sponsor district school board, a
 1216  private provider, or parents. The charter school and the sponsor
 1217  shall cooperate in making arrangements that ensure that
 1218  transportation is not a barrier to equal access for all students
 1219  residing within a reasonable distance of the charter school as
 1220  determined in its charter.
 1221         (d) Each charter school shall annually complete and submit
 1222  a survey, provided in a format specified by the Department of
 1223  Education, to rate the timeliness and quality of services
 1224  provided by the sponsor district in accordance with this
 1225  section. The department shall compile the results, by sponsor
 1226  district, and include the results in the report required under
 1227  sub-sub-subparagraph (5)(b)1.k.(III).
 1229         (a) The Department of Education shall provide information
 1230  to the public, directly and through sponsors, on how to form and
 1231  operate a charter school and how to enroll in a charter school
 1232  once it is created. This information shall include the standard
 1233  application form, standard charter contract, standard evaluation
 1234  instrument, and standard charter renewal contract, which shall
 1235  include the information specified in subsection (7) and shall be
 1236  developed by consulting and negotiating with both sponsors
 1237  school districts and charter schools before implementation. The
 1238  charter and charter renewal contracts shall be used by charter
 1239  school sponsors.
 1240         (b)1. The Department of Education shall report to each
 1241  charter school receiving a school grade pursuant to s. 1008.34
 1242  or a school improvement rating pursuant to s. 1008.341 the
 1243  school’s student assessment data.
 1244         2. The charter school shall report the information in
 1245  subparagraph 1. to each parent of a student at the charter
 1246  school, the parent of a child on a waiting list for the charter
 1247  school, the sponsor district in which the charter school is
 1248  located, and the governing board of the charter school. This
 1249  paragraph does not abrogate the provisions of s. 1002.22,
 1250  relating to student records, or the requirements of 20 U.S.C. s.
 1251  1232g, the Family Educational Rights and Privacy Act.
 1254         (a) A charter school system’s governing board shall be
 1255  designated a local educational agency for the purpose of
 1256  receiving federal funds, the same as though the charter school
 1257  system were a school district, if the governing board of the
 1258  charter school system has adopted and filed a resolution with
 1259  its sponsor sponsoring district school board and the Department
 1260  of Education in which the governing board of the charter school
 1261  system accepts the full responsibility for all local education
 1262  agency requirements and the charter school system meets all of
 1263  the following:
 1264         1. Has all schools located in the same county;
 1265         2. Has a total enrollment exceeding the total enrollment of
 1266  at least one school district in this the state; and
 1267         3. Has the same governing board.
 1269  Such designation does not apply to other provisions unless
 1270  specifically provided in law.
 1271         (28) RULEMAKING.—The Department of Education, after
 1272  consultation with sponsors school districts and charter school
 1273  directors, shall recommend that the State Board of Education
 1274  adopt rules to implement specific subsections of this section.
 1275  Such rules shall require minimum paperwork and shall not limit
 1276  charter school flexibility authorized by statute. The State
 1277  Board of Education shall adopt rules, pursuant to ss. 120.536(1)
 1278  and 120.54, to implement a standard charter application form,
 1279  standard application form for the replication of charter schools
 1280  in a high-performing charter school system, standard evaluation
 1281  instrument, and standard charter and charter renewal contracts
 1282  in accordance with this section.
 1283         Section 5. Paragraph (a) of subsection (1), paragraph (a)
 1284  of subsection (2), and paragraph (b) of subsection (3) of
 1285  section 1002.331, Florida Statutes, are amended to read:
 1286         1002.331 High-performing charter schools.—
 1287         (1) A charter school is a high-performing charter school if
 1288  it:
 1289         (a)1. Received at least two school grades of “A” and no
 1290  school grade below “B,” pursuant to s. 1008.34, during each of
 1291  the previous 3 school years or received at least two consecutive
 1292  school grades of “A” in the most recent 2 school years for the
 1293  years that the school received a grade; or
 1294         2. Receives, during its first 3 years of operation, funding
 1295  through the National Fund of the Charter School Growth Fund, and
 1296  has received no school grade lower than a “C,” pursuant to s.
 1297  1008.34, during each of the previous 3 school years for the
 1298  years that the school received a grade.
 1300  For purposes of determining initial eligibility, the
 1301  requirements of paragraphs (b) and (c) only apply for the most
 1302  recent 2 fiscal years if the charter school earns two
 1303  consecutive grades of “A.” A virtual charter school established
 1304  under s. 1002.33 is not eligible for designation as a high
 1305  performing charter school.
 1306         (2) A high-performing charter school is authorized to:
 1307         (a) Increase its student enrollment once per school year to
 1308  more than the capacity identified in the charter, but student
 1309  enrollment may not exceed the capacity of the facility at the
 1310  time the enrollment increase will take effect. Facility capacity
 1311  for purposes of grade level expansion shall include any
 1312  improvements to an existing facility or any new facility in
 1313  which a majority of the students of the high-performing charter
 1314  school will enroll.
 1316  A high-performing charter school shall notify its sponsor in
 1317  writing by March 1 if it intends to increase enrollment or
 1318  expand grade levels the following school year. The written
 1319  notice shall specify the amount of the enrollment increase and
 1320  the grade levels that will be added, as applicable. If a charter
 1321  school notifies the sponsor of its intent to expand, the sponsor
 1322  shall modify the charter within 90 days to include the new
 1323  enrollment maximum and may not make any other changes. The
 1324  sponsor may deny a request to increase the enrollment of a high
 1325  performing charter school if the commissioner has declassified
 1326  the charter school as high-performing. If a high-performing
 1327  charter school requests to consolidate multiple charters, the
 1328  sponsor shall have 40 days after receipt of that request to
 1329  provide an initial draft charter to the charter school. The
 1330  sponsor and charter school shall have 50 days thereafter to
 1331  negotiate and notice the charter contract for final approval by
 1332  the sponsor.
 1333         (3)
 1334         (b) A high-performing charter school may submit not
 1335  establish more than two applications for a charter school to be
 1336  opened schools within this the state under paragraph (a) at a
 1337  time determined by the high-performing charter school in any
 1338  year. A subsequent application to establish a charter school
 1339  under paragraph (a) may not be submitted unless each charter
 1340  school applicant commences operations or an application is
 1341  otherwise withdrawn established in this manner achieves high
 1342  performing charter school status. However, a high-performing
 1343  charter school may establish more than one charter school within
 1344  this the state under paragraph (a) in any year if it operates in
 1345  the area of a persistently low-performing school and serves
 1346  students from that school. This paragraph applies to any high
 1347  performing charter school with an existing approved application.
 1348         Section 6. Paragraph (c) of subsection (1), paragraphs (a),
 1349  (g), and (h) of subsection (6), and paragraph (d) of subsection
 1350  (7) of section 1002.333, Florida Statutes, are amended, and
 1351  paragraph (e) is added to subsection (9) of that section, to
 1352  read:
 1353         1002.333 Persistently low-performing schools.—
 1354         (1) DEFINITIONS.—As used in this section, the term:
 1355         (c) “Persistently low-performing school” means a school
 1356  that has earned three grades lower than a “C,” pursuant to s.
 1357  1008.34, in at least 3 of the previous 5 years that the school
 1358  received a grade and has not earned a grade of “B” or higher in
 1359  the most recent 2 school years, and a school that was closed
 1360  pursuant to s. 1008.33(4) within 2 years after the submission of
 1361  a notice of intent.
 1362         (6) STATUTORY AUTHORITY.—
 1363         (a) A school of hope or a nonprofit entity that operates
 1364  more than one school of hope through a performance-based
 1365  agreement with a school district may be designated as a local
 1366  education agency by the department, if requested, for the
 1367  purposes of receiving federal funds and, in doing so, accepts
 1368  the full responsibility for all local education agency
 1369  requirements and the schools for which it will perform local
 1370  education agency responsibilities.
 1371         1. A nonprofit entity designated as a local education
 1372  agency may report its students to the department in accordance
 1373  with the definitions in s. 1011.61 and pursuant to the
 1374  department’s procedures and timelines.
 1375         2. Students enrolled in a school established by a hope
 1376  operator designated as a local educational agency are not
 1377  eligible students for purposes of calculating the district grade
 1378  pursuant to s. 1008.34(5).
 1379         (g) Each school of hope that has not been designated as a
 1380  local education agency shall report its students to the school
 1381  district as required in s. 1011.62, and in accordance with the
 1382  definitions in s. 1011.61. The school district shall include
 1383  each charter school’s enrollment in the district’s report of
 1384  student enrollment. All charter schools submitting student
 1385  record information required by the department shall comply with
 1386  the department’s guidelines for electronic data formats for such
 1387  data, and all districts shall accept electronic data that
 1388  complies with the department’s electronic format.
 1389         (h)1. A school of hope shall provide the school district
 1390  with a concise, uniform, quarterly financial statement summary
 1391  sheet that contains a balance sheet and a statement of revenue,
 1392  expenditures, and changes in fund balance. The balance sheet and
 1393  the statement of revenue, expenditures, and changes in fund
 1394  balance shall be in the governmental fund format prescribed by
 1395  the Governmental Accounting Standards Board. Additionally, a
 1396  school of hope shall comply with the annual audit requirement
 1397  for charter schools in s. 218.39.
 1398         2. A school of hope is in compliance with subparagraph 1.
 1399  if it is operated by a nonprofit entity designated as a local
 1400  education agency and if the nonprofit submits to each school
 1401  district in which it operates a school of hope:
 1402         a. A concise, uniform, quarterly financial statement
 1403  summary sheet that contains a balance sheet summarizing the
 1404  revenue, expenditures, and changes in fund balance for the
 1405  entity and for its schools of hope within the school district.
 1406         b. An annual financial audit of the nonprofit which
 1407  includes all schools of hope it operates within this state and
 1408  which complies with s. 218.39 regarding audits of a school
 1409  board.
 1410         (7) FACILITIES.—
 1411         (d) No later than January October 1, the department each
 1412  school district shall annually provide to school districts the
 1413  Department of Education a list of all underused, vacant, or
 1414  surplus facilities owned or operated by the school district as
 1415  reported in the Florida Inventory of School Houses. A school
 1416  district may provide evidence to the department that the list
 1417  contains errors or omissions within 30 days after receipt of the
 1418  list. By each April 1, the department shall update and publish a
 1419  final list of all underused, vacant, or surplus facilities owned
 1420  or operated by each school district, based upon updated
 1421  information provided by each school district. A hope operator
 1422  establishing a school of hope may use an educational facility
 1423  identified in this paragraph at no cost or at a mutually
 1424  agreeable cost not to exceed $600 per student. A hope operator
 1425  using a facility pursuant to this paragraph may not sell or
 1426  dispose of such facility without the written permission of the
 1427  school district. For purposes of this paragraph, the term
 1428  “underused, vacant, or surplus facility” means an entire
 1429  facility or portion thereof which is not fully used or is used
 1430  irregularly or intermittently by the school district for
 1431  instructional or program use.
 1432         (9) FUNDING.—
 1433         (e) For a nonprofit entity designated by the department as
 1434  a local education agency pursuant to paragraph (6)(h), any
 1435  unrestricted current and capital assets identified in the annual
 1436  financial audit required by sub-subparagraph (6)(h)2.b. may be
 1437  used for any other school of hope operated by the local
 1438  education agency within the same district. Unrestricted current
 1439  assets shall be used in accordance with s. 1011.62, and any
 1440  unrestricted capital assets shall be used in accordance with s.
 1441  1013.62(2).
 1442         Section 7. Paragraph (d) of subsection (1) and paragraph
 1443  (a) of subsection (2) of section 1002.45, Florida Statutes, are
 1444  amended to read:
 1445         1002.45 Virtual instruction programs.—
 1446         (1) PROGRAM.—
 1447         (d) A virtual charter school may provide full-time or part
 1448  time virtual instruction for students in kindergarten through
 1449  grade 12 if the virtual charter school has a charter approved
 1450  pursuant to s. 1002.33 authorizing full-time virtual
 1451  instruction. A virtual charter school may:
 1452         1. Contract with the Florida Virtual School.
 1453         2. Contract with an approved provider under subsection (2).
 1454         3. Enter into an agreement with a school district to allow
 1455  the participation of the virtual charter school’s students in
 1456  the school district’s virtual instruction program. The agreement
 1457  must indicate a process for reporting of student enrollment and
 1458  the transfer of funds required by paragraph (7)(e).
 1460         (a) The department shall annually publish online a list of
 1461  providers approved to offer virtual instruction programs. To be
 1462  approved by the department, a provider must document that it:
 1463         1. Is nonsectarian in its programs, admission policies,
 1464  employment practices, and operations;
 1465         2. Complies with the antidiscrimination provisions of s.
 1466  1000.05;
 1467         3. Locates an administrative office or offices in this
 1468  state, requires its administrative staff to be state residents,
 1469  requires all instructional staff to be Florida-certified
 1470  teachers under chapter 1012 and conducts background screenings
 1471  for all employees or contracted personnel, as required by s.
 1472  1012.32, using state and national criminal history records;
 1473         4. Provides to parents and students specific information
 1474  posted and accessible online that includes, but is not limited
 1475  to, the following teacher-parent and teacher-student contact
 1476  information for each course:
 1477         a. How to contact the instructor via phone, e-mail, or
 1478  online messaging tools.
 1479         b. How to contact technical support via phone, e-mail, or
 1480  online messaging tools.
 1481         c. How to contact the administration office via phone, e
 1482  mail, or online messaging tools.
 1483         d. Any requirement for regular contact with the instructor
 1484  for the course and clear expectations for meeting the
 1485  requirement.
 1486         e. The requirement that the instructor in each course must,
 1487  at a minimum, conduct one contact via phone with the parent and
 1488  the student each month;
 1489         5. Possesses prior, successful experience offering online
 1490  courses to elementary, middle, or high school students as
 1491  demonstrated by quantified student learning gains in each
 1492  subject area and grade level provided for consideration as an
 1493  instructional program option. However, for a provider without
 1494  sufficient prior, successful experience offering online courses,
 1495  the department may conditionally approve the provider to offer
 1496  courses measured pursuant to subparagraph (8)(a)2. Conditional
 1497  approval shall be valid for 1 school year only and, based on the
 1498  provider’s experience in offering the courses, the department
 1499  shall determine whether to grant approval to offer a virtual
 1500  instruction program;
 1501         6. Is accredited by a regional accrediting association as
 1502  defined by State Board of Education rule;
 1503         7. Ensures instructional and curricular quality through a
 1504  detailed curriculum and student performance accountability plan
 1505  that addresses every subject and grade level it intends to
 1506  provide through contract with the school district, including:
 1507         a. Courses and programs that meet the standards of the
 1508  International Association for K-12 Online Learning and the
 1509  Southern Regional Education Board.
 1510         b. Instructional content and services that align with, and
 1511  measure student attainment of, student proficiency in the Next
 1512  Generation Sunshine State Standards.
 1513         c. Mechanisms that determine and ensure that a student has
 1514  satisfied requirements for grade level promotion and high school
 1515  graduation with a standard diploma, as appropriate;
 1516         8. Publishes for the general public, in accordance with
 1517  disclosure requirements adopted in rule by the State Board of
 1518  Education, as part of its application as a provider and in all
 1519  contracts negotiated pursuant to this section:
 1520         a. Information and data about the curriculum of each full
 1521  time and part-time program.
 1522         b. School policies and procedures.
 1523         c. Certification status and physical location of all
 1524  administrative and instructional personnel.
 1525         d. Hours and times of availability of instructional
 1526  personnel.
 1527         e. Student-teacher ratios.
 1528         f. Student completion and promotion rates.
 1529         g. Student, educator, and school performance accountability
 1530  outcomes;
 1531         9. If the provider is a Florida College System institution,
 1532  employs instructors who meet the certification requirements for
 1533  instructional staff under chapter 1012; and
 1534  10. Performs an annual financial audit of its accounts and
 1535  records conducted by an independent certified public accountant
 1536  which is in accordance with rules adopted by the Auditor
 1537  General, is conducted in compliance with generally accepted
 1538  auditing standards, and includes a report on financial
 1539  statements presented in accordance with generally accepted
 1540  accounting principles.
 1541         Section 8. Subsection (2) of section 1002.455, Florida
 1542  Statutes, is amended to read:
 1543         1002.455 Student eligibility for K-12 virtual instruction.
 1544  All students, including home education and private school
 1545  students, are eligible to participate in any of the following
 1546  virtual instruction options:
 1547         (2) Part-time or full-time virtual charter school
 1548  instruction authorized under s. 1002.33 to students within the
 1549  school district or to students in other school districts
 1550  throughout the state pursuant to s. 1002.31.
 1551         Section 9. Section 1003.225, Florida Statutes, is created
 1552  to read:
 1553         1003.225 Water safety and swimming certification.—
 1554         (1) For the purposes of this section, the term “water
 1555  safety” means age-appropriate education intended to promote
 1556  safety in, on, and around bodies of water and reduce the risk of
 1557  injury or drowning.
 1558         (2) Beginning with the 2022-2023 school year, each public
 1559  school shall provide, to a parent who initially enrolls his or
 1560  her child in the school, information on the important role water
 1561  safety education courses and swimming lessons play in saving
 1562  lives. The information must be provided electronically or in
 1563  hard copy and must include local options for age-appropriate
 1564  water safety courses and swimming lessons that result in a
 1565  certificate indicating successful completion, including courses
 1566  and lessons offered for free or at a reduced price. If the
 1567  student is 18 years of age or older, or is under the age of 21
 1568  and is enrolling in adult education classes, the information
 1569  must be provided to the student.
 1570         Section 10. Paragraph (a) of subsection (1) of section
 1571  1003.493, Florida Statutes, is amended to read:
 1572         1003.493 Career and professional academies and career
 1573  themed courses.—
 1574         (1)(a) A “career and professional academy” is a research
 1575  based program that integrates a rigorous academic curriculum
 1576  with an industry-specific curriculum aligned directly to
 1577  priority workforce needs established by the local workforce
 1578  development board or the Department of Economic Opportunity.
 1579  Career and professional academies shall be offered by public
 1580  schools and school districts. Career and professional academies
 1581  may be offered by charter schools. The Florida Virtual School is
 1582  encouraged to develop and offer rigorous career and professional
 1583  courses as appropriate. Students completing career and
 1584  professional academy programs must receive a standard high
 1585  school diploma, the highest available industry certification,
 1586  and opportunities to earn postsecondary credit if the academy
 1587  partners with a postsecondary institution approved to operate in
 1588  the state.
 1589         Section 11. Paragraph (g) of subsection (2) of section
 1590  1003.621, Florida Statutes, is amended to read:
 1591         1003.621 Academically high-performing school districts.—It
 1592  is the intent of the Legislature to recognize and reward school
 1593  districts that demonstrate the ability to consistently maintain
 1594  or improve their high-performing status. The purpose of this
 1595  section is to provide high-performing school districts with
 1596  flexibility in meeting the specific requirements in statute and
 1597  rules of the State Board of Education.
 1598         (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically
 1599  high-performing school district shall comply with all of the
 1600  provisions in chapters 1000-1013, and rules of the State Board
 1601  of Education which implement these provisions, pertaining to the
 1602  following:
 1603         (g) Those statutes pertaining to planning and budgeting,
 1604  including chapter 1011, except s. 1011.62(9)(d), relating to the
 1605  requirement for a comprehensive reading plan. A district that is
 1606  exempt from submitting a comprehensive reading this plan shall
 1607  be deemed approved to receive the research-based reading
 1608  instruction allocation. Each academically high-performing school
 1609  district may provide up to 2 days of virtual instruction as part
 1610  of the required 180 actual teaching days or the equivalent on an
 1611  hourly basis each school year, as specified by rules of the
 1612  State Board of Education. Virtual instruction that is conducted
 1613  in accordance with the plan approved by the department, is
 1614  teacher-developed, and is aligned with the standards for
 1615  enrolled courses complies with s. 1011.60(2). The day or days
 1616  must be indicated on the calendar approved by the school board.
 1617  The district shall submit a plan for each day of virtual
 1618  instruction to the department for approval, in a format
 1619  prescribed by the department, with assurances of alignment to
 1620  statewide student standards as described in s. 1003.41 before
 1621  the start of each school year.
 1622         Section 12. Present subsection (3) of section 1008.3415,
 1623  Florida Statutes, is redesignated as subsection (4), and a new
 1624  subsection (3) is added to that section, to read:
 1625         1008.3415 School grade or school improvement rating for
 1626  exceptional student education centers.—
 1627         (3) A charter school that is an exceptional student
 1628  education center and that receives two consecutive ratings of
 1629  “maintaining” or higher may replicate its educational program
 1630  under s. 1002.331(3). The Commissioner of Education, upon
 1631  request by a charter school, shall verify that the charter
 1632  school meets the requirements of this subsection and provide a
 1633  letter to the charter school and the sponsor stating that the
 1634  charter school may replicate its educational program in the same
 1635  manner as a high-performing charter school under s. 1002.331(3).
 1636         Section 13. Present paragraphs (a) through (d) of
 1637  subsection (6) of section 1009.30, Florida States, as created by
 1638  CS/CS/SB 52, 2021 Regular Session, are redesignated as
 1639  paragraphs (b) through (e), respectively, and a new paragraph
 1640  (a) is added to that section, to read:
 1641         1009.30 Dual Enrollment Scholarship Program.—
 1642         (6)(a)School district career centers shall be reimbursed
 1643  at the in-state resident tuition rate established in s.
 1644  1009.22(3)(c).
 1645         Section 14. Subsection (2) of section 1009.52, Florida
 1646  Statutes, is amended to read:
 1647         1009.52 Florida Postsecondary Student Assistance Grant
 1648  Program; eligibility for grants.—
 1649         (2)(a) Florida postsecondary student assistance grants may
 1650  be made only to full-time degree-seeking students who meet the
 1651  general requirements for student eligibility as provided in s.
 1652  1009.40, except as otherwise provided in this section. Such
 1653  grants shall be awarded for the amount of demonstrated unmet
 1654  need for tuition and fees and may not exceed the maximum annual
 1655  award amount specified in the General Appropriations Act. A
 1656  demonstrated unmet need of less than $200 shall render the
 1657  applicant ineligible for a Florida postsecondary student
 1658  assistance grant.
 1659         (a)Awards may be made to full-time degree-seeking students
 1660  who Recipients of such grants must have been accepted at a
 1661  postsecondary institution that is located in this state and that
 1662  is:
 1663         1. A private nursing diploma school approved by the Florida
 1664  Board of Nursing; or
 1665         2. A college or university licensed by the Commission for
 1666  Independent Education, excluding those institutions the students
 1667  of which are eligible to receive a Florida private student
 1668  assistance grant pursuant to s. 1009.51.
 1669         (b)Awards may be made to full-time certificate-seeking
 1670  students who have been accepted at an aviation maintenance
 1671  school that is located in this state, certified by the Federal
 1672  Aviation Administration, and licensed by the Commission for
 1673  Independent Education. Such student’s eligibility for the
 1674  renewal of an award shall be evaluated at the end of the
 1675  completion of 900 clock hours and, as a condition of renewal,
 1676  the student shall meet the requirements under s. 1009.40(1)(b).
 1677         (c) If funds are available, a student who received an award
 1678  in the fall or spring term may receive an award in the summer
 1679  term. Priority in the distribution of summer awards shall be
 1680  given to students who are within one semester, or equivalent, of
 1681  completing a degree or certificate program. No student may
 1682  receive an award for more than the equivalent of 9 semesters or
 1683  14 quarters of full-time enrollment, except as otherwise
 1684  provided in s. 1009.40(3). A student specified in paragraph (b)
 1685  is eligible for an award of up to 110 percent of the number of
 1686  clock hours required to complete the program in which the
 1687  student is enrolled.
 1688         (d)(b) A student applying for a Florida postsecondary
 1689  student assistance grant shall be required to apply for the Pell
 1690  Grant. The Pell Grant entitlement shall be considered when
 1691  conducting an assessment of the financial resources available to
 1692  each student.
 1693         (e)(c) Priority in the distribution of grant moneys may be
 1694  given to students who are within one semester, or equivalent, of
 1695  completing a degree or certificate program. An institution may
 1696  not make a grant from this program to a student whose expected
 1697  family contribution exceeds one and one-half times the maximum
 1698  Pell Grant-eligible family contribution. An institution may not
 1699  impose additional criteria to determine a student’s eligibility
 1700  to receive a grant award.
 1701         (f)(d) Each participating institution shall report to the
 1702  department by the established date the students eligible for the
 1703  program for each academic term. Each institution shall also
 1704  report to the department necessary demographic and eligibility
 1705  data for such students.
 1706         Section 15. Subsection (2) of section 1012.32, Florida
 1707  Statutes, is amended to read:
 1708         1012.32 Qualifications of personnel.—
 1709         (2)(a) Instructional and noninstructional personnel who are
 1710  hired or contracted to fill positions that require direct
 1711  contact with students in any district school system or
 1712  university lab school must, upon employment or engagement to
 1713  provide services, undergo background screening as required under
 1714  s. 1012.465 or s. 1012.56, whichever is applicable.
 1715         (b)1. Instructional and noninstructional personnel who are
 1716  hired or contracted to fill positions in a any charter school
 1717  other than a school of hope as defined in s. 1002.333, and
 1718  members of the governing board of such any charter school, in
 1719  compliance with s. 1002.33(12)(g), must, upon employment,
 1720  engagement of services, or appointment, shall undergo background
 1721  screening as required under s. 1012.465 or s. 1012.56, whichever
 1722  is applicable, by filing with the district school board for the
 1723  school district in which the charter school is located a
 1724  complete set of fingerprints taken by an authorized law
 1725  enforcement agency or an employee of the school or school
 1726  district who is trained to take fingerprints.
 1727         2. Instructional and noninstructional personnel who are
 1728  hired or contracted to fill positions in a school of hope as
 1729  defined in s. 1002.333, and members of the governing board of
 1730  such school of hope, shall file with the school of hope a
 1731  complete set of fingerprints taken by an authorized law
 1732  enforcement agency, by an employee of the school of hope or
 1733  school district who is trained to take fingerprints, or by any
 1734  other entity recognized by the Department of Law Enforcement to
 1735  take fingerprints.
 1736         (c) Instructional and noninstructional personnel who are
 1737  hired or contracted to fill positions that require direct
 1738  contact with students in an alternative school that operates
 1739  under contract with a district school system must, upon
 1740  employment or engagement to provide services, undergo background
 1741  screening as required under s. 1012.465 or s. 1012.56, whichever
 1742  is applicable, by filing with the district school board for the
 1743  school district to which the alternative school is under
 1744  contract a complete set of fingerprints taken by an authorized
 1745  law enforcement agency or an employee of the school or school
 1746  district who is trained to take fingerprints.
 1747         (d) Student teachers and persons participating in a field
 1748  experience pursuant to s. 1004.04(5) or s. 1004.85 in any
 1749  district school system, lab school, or charter school must, upon
 1750  engagement to provide services, undergo background screening as
 1751  required under s. 1012.56.
 1753  Required fingerprints must shall be submitted to the Department
 1754  of Law Enforcement for statewide criminal and juvenile records
 1755  checks and to the Federal Bureau of Investigation for federal
 1756  criminal records checks. A person subject to this subsection who
 1757  is found ineligible for employment under s. 1012.315, or
 1758  otherwise found through background screening to have been
 1759  convicted of any crime involving moral turpitude as defined by
 1760  rule of the State Board of Education, shall not be employed,
 1761  engaged to provide services, or serve in any position that
 1762  requires direct contact with students. Probationary persons
 1763  subject to this subsection terminated because of their criminal
 1764  record have the right to appeal such decisions. The cost of the
 1765  background screening may be borne by the district school board,
 1766  the charter school, the employee, the contractor, or a person
 1767  subject to this subsection. A district school board shall
 1768  reimburse a charter school the cost of background screening if
 1769  it does not notify the charter school of the eligibility of a
 1770  governing board member or instructional or noninstructional
 1771  personnel within the earlier of 14 days after receipt of the
 1772  background screening results from the Florida Department of Law
 1773  Enforcement or 30 days of submission of fingerprints by the
 1774  governing board member or instructional or noninstructional
 1775  personnel.
 1776         Section 16. Paragraph (a) of subsection (1) of section
 1777  1013.62, Florida Statutes, is amended to read:
 1778         1013.62 Charter schools capital outlay funding.—
 1779         (1) For the 2020-2021 fiscal year, charter school capital
 1780  outlay funding shall consist of state funds appropriated in the
 1781  2020-2021 General Appropriations Act. Beginning in fiscal year
 1782  2021-2022, charter school capital outlay funding shall consist
 1783  of state funds when such funds are appropriated in the General
 1784  Appropriations Act and revenue resulting from the discretionary
 1785  millage authorized in s. 1011.71(2) if the amount of state funds
 1786  appropriated for charter school capital outlay in any fiscal
 1787  year is less than the average charter school capital outlay
 1788  funds per unweighted full-time equivalent student for the 2018
 1789  2019 fiscal year, multiplied by the estimated number of charter
 1790  school students for the applicable fiscal year, and adjusted by
 1791  changes in the Consumer Price Index issued by the United States
 1792  Department of Labor from the previous fiscal year. Nothing in
 1793  this subsection prohibits a school district from distributing to
 1794  charter schools funds resulting from the discretionary millage
 1795  authorized in s. 1011.71(2).
 1796         (a) To be eligible to receive capital outlay funds, a
 1797  charter school must:
 1798         1.a. Have been in operation for 2 or more years;
 1799         b. Be governed by a governing board established in the
 1800  state for 2 or more years which operates both charter schools
 1801  and conversion charter schools within the state;
 1802         c. Be an expanded feeder chain of a charter school within
 1803  the same school district that is currently receiving charter
 1804  school capital outlay funds;
 1805         d. Have been accredited by a regional accrediting
 1806  association as defined by State Board of Education rule; or
 1807         e. Serve students in facilities that are provided by a
 1808  business partner for a charter school-in-the-workplace pursuant
 1809  to s. 1002.33(15)(b); or
 1810         f. Be operated by a hope operator pursuant to s. 1002.333.
 1811         2. Have an annual audit that does not reveal any of the
 1812  financial emergency conditions provided in s. 218.503(1) for the
 1813  most recent fiscal year for which such audit results are
 1814  available.
 1815         3. Have satisfactory student achievement based on state
 1816  accountability standards applicable to the charter school.
 1817         4. Have received final approval from its sponsor pursuant
 1818  to s. 1002.33 for operation during that fiscal year.
 1819  5. Serve students in facilities that are not provided by the
 1820  charter school’s sponsor.
 1821         Section 17. (1)Notwithstanding s. 1008.25, Florida
 1822  Statutes, a parent or guardian may request that his or her K-5
 1823  public school student be retained for the 2021-2022 school year
 1824  in the grade level to which the student was assigned at the
 1825  beginning of the 2020-2021 school year, provided that such
 1826  request is made for academic reasons.
 1827         (a) A parent or guardian who wishes for his or her student
 1828  to be retained as provided by this act must submit, in writing,
 1829  to the school principal a retention request that specifies the
 1830  academic reasons for the retention. Only requests received by
 1831  the principal on or before June 30, 2021, must be considered. A
 1832  principal may consider a request received after that date at his
 1833  or her discretion.
 1834         (b)1. A principal who considers a retention request
 1835  submitted pursuant to this subsection shall inform the student’s
 1836  teachers of the retention request and collaboratively discuss
 1837  with the parent or guardian any basis for agreement or
 1838  disagreement with the request. As part of the discussion with
 1839  the parent or guardian, the principal shall disclose that
 1840  retention may impact the student’s eligibility to participate in
 1841  high school interscholastic or intrascholastic sports due to the
 1842  student’s age.
 1843         2. In lieu of retention, the principal, teachers, and
 1844  parent or guardian may collaborate to develop a customized 1
 1845  year education plan for the student with the intent of helping
 1846  the student return to grade level readiness by the end of the
 1847  next academic year. Such plan may include, but need not be
 1848  limited to, supplemental educational support, services, and
 1849  interventions; summer education; promotion in some, but not all,
 1850  courses; and midyear promotion.
 1851         3. The parent’s or guardian’s decision to promote or retain
 1852  his or her student after discussing the retention request with
 1853  the principal shall control. The parent or guardian must sign a
 1854  form provided by the principal indicating the parent or
 1855  guardian’s decision and acknowledging the academic and athletic
 1856  ramifications of his or her decision. This form must be retained
 1857  in the student’s record.
 1858         (c) If a student retained under this subsection has an
 1859  individual education plan (IEP) in effect, the student’s IEP
 1860  team must convene to review and revise the student’s IEP, as
 1861  appropriate.
 1862         (d) By June 30, 2022, school districts shall report to the
 1863  Department of Education the number of students retained pursuant
 1864  to this act for all or part of the 2021-2022 school year.
 1865         (2) This section shall take effect upon becoming a law.
 1866         Section 18. If any provision of this act or its application
 1867  to any person or circumstance is held invalid, the invalidity
 1868  does not affect other provisions or applications of the act
 1869  which can be given effect without the invalid provision or
 1870  application, and to this end the provisions of this act are
 1871  severable.
 1872         Section 19. Effective upon this act becoming a law, section
 1873  3 of chapter 2020-28, Laws of Florida, is amended to read:
 1874         Section 3. This act shall take effect July 1, 2022 2021.
 1875         Section 20. The amendment of s. 1009.30, Florida Statutes,
 1876  by this act shall take effect only if CS/CS/SB 52, 2021 Regular
 1877  Session, or similar legislation takes effect and if such
 1878  legislation is adopted in the same legislative session or an
 1879  extension thereof and becomes a law.
 1880         Section 21. Except as otherwise expressly provided in this
 1881  act and except for this section, which shall take effect upon
 1882  becoming a law, this act shall take effect July 1, 2021.
 1884  ================= T I T L E  A M E N D M E N T ================
 1885  And the title is amended as follows:
 1886         Delete lines 1753 - 1853
 1887  and insert:
 1888         An act relating to education; amending s. 1001.43,
 1889         F.S.; authorizing members of certain committees of a
 1890         district school board to attend meetings in person or
 1891         through the use of telecommunications networks;
 1892         amending s. 1002.32, F.S.; providing that the
 1893         limitation on lab schools does not apply to a school
 1894         serving a military installation; amending s. 1002.321,
 1895         F.S.; conforming a provision to changes made by the
 1896         act; amending s. 1002.33, F.S.; authorizing state
 1897         universities and Florida College System institutions
 1898         to solicit applications and sponsor charter schools
 1899         under certain circumstances; prohibiting certain
 1900         charter schools from being sponsored by a Florida
 1901         College System institution until such charter schools’
 1902         existing charter expires; authorizing a state
 1903         university or Florida College System institution to,
 1904         at its discretion, deny an application for a charter
 1905         school; revising the contents of an annual report that
 1906         charter school sponsors must provide to the Department
 1907         of Education; revising the date by which the
 1908         department must post a specified annual report;
 1909         revising provisions relating to Florida College System
 1910         institutions that are operating charter schools;
 1911         prohibiting certain interlocal agreements; requiring
 1912         the board of trustees of a state university or Florida
 1913         College System institution that is sponsoring a
 1914         charter school to serve as the local educational
 1915         agency for such school; prohibiting certain charter
 1916         school students from being included in specified
 1917         school district grade calculations; requiring the
 1918         department to develop a sponsor evaluation framework;
 1919         providing requirements for the framework; requiring
 1920         the department to compile results in a specified
 1921         manner; deleting obsolete language; revising
 1922         requirements for the charter school application
 1923         process; requiring certain school districts to reduce
 1924         administrative fees withheld; requiring such school
 1925         districts to file monthly reports; authorizing school
 1926         districts to resume withholding the full amount of
 1927         administrative fees under specified circumstance;
 1928         authorizing certain charter schools to recover
 1929         attorney fees and costs; requiring the State Board of
 1930         Education to withhold state funds from a district
 1931         school board that is in violation of a state board
 1932         decision on a charter school; authorizing parties to
 1933         appeal without first mediating in certain
 1934         circumstances; providing that certain changes to
 1935         curriculum are deemed approved; providing an
 1936         exception; revising the circumstances in which a
 1937         charter may be immediately terminated; providing that
 1938         certain information must be provided to specified
 1939         entities upon immediate termination of a charter;
 1940         authorizing the award of specified fees and costs in
 1941         certain circumstances; authorizing a sponsor to seek
 1942         an injunction in certain circumstances; revising
 1943         provisions related to sponsor assumption of operation;
 1944         revising the student populations for which a charter
 1945         school is authorized to limit the enrollment process;
 1946         providing a calculation for the operational funding
 1947         for a charter school sponsored by a state university
 1948         or Florida College System institution; requiring the
 1949         department to develop a tool for state universities
 1950         and Florida College System institutions for specified
 1951         purposes relating to certain funding calculations;
 1952         providing that such funding must be appropriated to
 1953         the charter school; providing for capital outlay
 1954         funding for such schools; authorizing a sponsor to
 1955         withhold an administrative fee for the provision of
 1956         certain services to an exceptional student education
 1957         center that meets specified requirements; conforming
 1958         provisions to changes made by the act; amending s.
 1959         1002.331, F.S.; revising requirements for a charter
 1960         school to be a high-performing charter school;
 1961         revising a limitation on the expansion of high
 1962         performing charter schools; revising provisions
 1963         relating to the opening of additional high-performing
 1964         charter schools; amending s. 1002.333, F.S.; revising
 1965         the definition of the term “persistently low
 1966         performing school”; providing that certain nonprofit
 1967         entities may be designated as a local education
 1968         agency; providing that certain entities report
 1969         students to the department in a specified manner;
 1970         specifying reporting provisions that apply only to
 1971         certain schools of hope; providing that schools of
 1972         hope may comply with certain financial reporting in a
 1973         specified manner; revising the manner in which
 1974         underused, vacant, or surplus facilities owned or
 1975         operated by school districts are identified;
 1976         authorizing a nonprofit entity designated as a local
 1977         education agency to use any capital assets identified
 1978         in a certain annual financial audit for another school
 1979         of hope operated by the local education agency within
 1980         the same district; amending s. 1002.45, F.S.;
 1981         authorizing a virtual charter school to provide part
 1982         time virtual instruction; amending s. 1002.455, F.S.;
 1983         conforming a provision to changes made by the act;
 1984         creating s. 1003.225, F.S.; defining the term “water
 1985         safety”; requiring public schools to provide specified
 1986         information to certain parents or students; amending
 1987         s. 1003.493, F.S.; authorizing a charter school to
 1988         offer a career and professional academy; amending s.
 1989         1003.621, F.S.; authorizing academically high
 1990         performing school districts to provide up to 2 days of
 1991         virtual instruction; specifying requirements for such
 1992         virtual instruction for such virtual instruction to
 1993         comply with a specified provision; amending s.
 1994         1008.3415, F.S.; requiring the Commissioner of
 1995         Education, upon request by a charter school that meets
 1996         specified criteria, to provide a letter to the charter
 1997         school and the charter school’s sponsor authorizing
 1998         the charter school to replicate its educational
 1999         program; amending s. 1009.30, F.S.; specifying
 2000         reimbursement for specified educational institutions;
 2001         amending s. 1009.52, F.S.; revising the eligibility
 2002         requirements for Florida postsecondary student
 2003         assistance grants; amending s. 1012.32, F.S.;
 2004         providing an alternate screening method for specified
 2005         persons employed by certain schools of hope or serving
 2006         on certain school of hope governing boards; amending
 2007         s. 1013.62, F.S.; expanding eligibility to receive
 2008         capital outlay funds to schools of hope operated by a
 2009         hope operator; authorizing a parent or guardian to
 2010         request that his or her K-5 student be retained in a
 2011         grade level for academic reasons for a specified
 2012         school year; requiring that such a request be
 2013         submitted in a specified manner; requiring school
 2014         principals to consider such requests if they are
 2015         timely received; authorizing school principals to
 2016         consider requests that are not timely received;
 2017         requiring a school principal who considers a request
 2018         for retention to inform the student’s teachers of the
 2019         request and collaboratively discuss with the parent or
 2020         guardian any basis for agreement or disagreement with
 2021         the request; requiring such discussion to disclose
 2022         that retention may impact the student’s eligibility to
 2023         participate in high school interscholastic or
 2024         intrascholastic sports; authorizing the principal,
 2025         teachers, and parent or guardian to collaborate to
 2026         develop a customized 1-year education plan for the
 2027         student in lieu of retaining the student; requiring a
 2028         parent’s or guardian’s decision regarding retention to
 2029         control; requiring the individual education plan (IEP)
 2030         team for a retained student to review and revise the
 2031         student’s IEP, as appropriate; requiring school
 2032         districts to report certain data to the Department of
 2033         Education by a specified date; providing for
 2034         severability; amending chapter 2020-28, Laws of
 2035         Florida; delaying the effective date of provisions
 2036         governing intercollegiate athlete compensation and
 2037         rights; providing a contingent effect; providing
 2038         effective dates.