Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1028
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Appropriations Subcommittee on Education (Hutson) recommended
       the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (2) and paragraph (a) of subsection
    6  (9) of section 1002.32, Florida Statutes, are amended to read:
    7         1002.32 Developmental research (laboratory) schools.—
    8         (2) ESTABLISHMENT.—There is established a category of
    9  public schools to be known as developmental research
   10  (laboratory) schools (lab schools). Each lab school shall
   11  provide sequential instruction and shall be affiliated with the
   12  college of education within the state university of closest
   13  geographic proximity. A lab school to which a charter has been
   14  issued under s. 1002.33(5)(a) 2. must be affiliated with the
   15  college of education within the state university that issued the
   16  charter, but is not subject to the requirement that the state
   17  university be of closest geographic proximity. For the purpose
   18  of state funding, Florida Agricultural and Mechanical
   19  University, Florida Atlantic University, Florida State
   20  University, the University of Florida, and other universities
   21  approved by the State Board of Education and the Legislature are
   22  authorized to sponsor a lab school. The limitation of one lab
   23  school per university shall not apply to the following charter
   24  lab schools authorized prior to June 1, 2003: Florida State
   25  University Charter Lab K-12 School in Broward County, Florida
   26  Atlantic University Charter Lab 9-12 High School in Palm Beach
   27  County, and Florida Atlantic University Charter Lab K-12 School
   28  in St. Lucie County. The limitation of one lab school per
   29  university does not apply to a university that establishes a lab
   30  school to serve families of a military installation that is
   31  within the same county as a branch campus that offers programs
   32  from the university’s college of education.
   33         (9) FUNDING.—Funding for a lab school, including a charter
   34  lab school, shall be provided as follows:
   35         (a) Each lab school shall be allocated its proportional
   36  share of operating funds from the Florida Education Finance
   37  Program as provided in s. 1011.62 based on the county in which
   38  the lab school is located and the General Appropriations Act.
   39  The nonvoted ad valorem millage that would otherwise be required
   40  for lab schools shall be allocated from state funds. The
   41  required local effort funds calculated pursuant to s. 1011.62
   42  shall be allocated from state funds to the schools as a part of
   43  the allocation of operating funds pursuant to s. 1011.62. Each
   44  eligible lab school in operation as of September 1, 2013, with a
   45  permanent high school center shall also receive a proportional
   46  share of the sparsity supplement as calculated pursuant to s.
   47  1011.62. In addition, each lab school shall receive its
   48  proportional share of all categorical funds, with the exception
   49  of s. 1011.68, and new categorical funds enacted after July 1,
   50  1994, for the purpose of elementary or secondary academic
   51  program enhancement. The sum of funds available as provided in
   52  this paragraph shall be included annually in the Florida
   53  Education Finance Program and appropriate categorical programs
   54  funded in the General Appropriations Act.
   55         Section 2. Paragraph (c) of subsection (2), subsection (5),
   56  paragraphs (b) and (d) of subsection (6), paragraphs (a), (b),
   57  and (d) of subsection (7), paragraphs (c), (d), and (e) of
   58  subsection (8), paragraphs (g) and (n) of subsection (9),
   59  paragraphs (d) and (e) of subsection (10), subsection (14),
   60  paragraph (c) of subsection (15), subsection (17), paragraph (e)
   61  of subsection (18), subsections (20) and (21), paragraph (a) of
   62  subsection (25), and subsection (28) of section 1002.33, Florida
   63  Statutes, are amended to read:
   64         1002.33 Charter schools.—
   66         (c) Charter schools may fulfill the following purposes:
   67         1. Create innovative measurement tools.
   68         2. Provide rigorous competition within the public school
   69  system district to stimulate continual improvement in all public
   70  schools.
   71         3. Expand the capacity of the public school system.
   72         4. Mitigate the educational impact created by the
   73  development of new residential dwelling units.
   74         5. Create new professional opportunities for teachers,
   75  including ownership of the learning program at the school site.
   76         (5) SPONSOR; DUTIES.—
   77         (a) Sponsoring entities.—
   78         1. A district school board may sponsor a charter school in
   79  the county over which the district school board has
   80  jurisdiction.
   81         2. A state university may grant a charter to a lab school
   82  created under s. 1002.32 and shall be considered to be the
   83  school’s sponsor. Such school shall be considered a charter lab
   84  school.
   85         3.Because needs relating to educational capacity,
   86  workforce qualifications, and career education opportunities are
   87  constantly changing and extend beyond school district
   88  boundaries:
   89         a.A state university may, upon approval by the Department
   90  of Education, solicit applications and sponsor a charter school
   91  to meet regional education or workforce demands by serving
   92  students from multiple school districts.
   93         b.A Florida College System institution may, upon approval
   94  by the Department of Education, solicit applications and sponsor
   95  a charter school in any county within its service area to meet
   96  workforce demands and may offer postsecondary programs leading
   97  to industry certifications to eligible charter school students.
   98  A charter school established under subparagraph (b)4. may not be
   99  sponsored by a Florida College System institution until its
  100  existing charter with the school district expires as provided
  101  under subsection (7).
  102         c.Notwithstanding paragraph (6)(b), a state university or
  103  Florida College System institution may, at its discretion, deny
  104  an application for a charter school.
  105         (b) Sponsor duties.—
  106         1.a. The sponsor shall monitor and review the charter
  107  school in its progress toward the goals established in the
  108  charter.
  109         b. The sponsor shall monitor the revenues and expenditures
  110  of the charter school and perform the duties provided in s.
  111  1002.345.
  112         c. The sponsor may approve a charter for a charter school
  113  before the applicant has identified space, equipment, or
  114  personnel, if the applicant indicates approval is necessary for
  115  it to raise working funds.
  116         d. The sponsor shall not apply its policies to a charter
  117  school unless mutually agreed to by both the sponsor and the
  118  charter school. If the sponsor subsequently amends any agreed
  119  upon sponsor policy, the version of the policy in effect at the
  120  time of the execution of the charter, or any subsequent
  121  modification thereof, shall remain in effect and the sponsor may
  122  not hold the charter school responsible for any provision of a
  123  newly revised policy until the revised policy is mutually agreed
  124  upon.
  125         e. The sponsor shall ensure that the charter is innovative
  126  and consistent with the state education goals established by s.
  127  1000.03(5).
  128         f. The sponsor shall ensure that the charter school
  129  participates in the state’s education accountability system. If
  130  a charter school falls short of performance measures included in
  131  the approved charter, the sponsor shall report such shortcomings
  132  to the Department of Education.
  133         g. The sponsor shall not be liable for civil damages under
  134  state law for personal injury, property damage, or death
  135  resulting from an act or omission of an officer, employee,
  136  agent, or governing body of the charter school.
  137         h. The sponsor shall not be liable for civil damages under
  138  state law for any employment actions taken by an officer,
  139  employee, agent, or governing body of the charter school.
  140         i. The sponsor’s duties to monitor the charter school shall
  141  not constitute the basis for a private cause of action.
  142         j. The sponsor shall not impose additional reporting
  143  requirements on a charter school without providing reasonable
  144  and specific justification in writing to the charter school.
  145         k. The sponsor shall submit an annual report to the
  146  Department of Education in a web-based format to be determined
  147  by the department.
  148         (I) The report shall include the following information:
  149         (A) The number of draft applications received on or before
  150  May 1 and each applicant’s contact information.
  151         (B) The number of final applications received during the
  152  school year and up to on or before August 1 and each applicant’s
  153  contact information.
  154         (B)(C) The date each application was approved, denied, or
  155  withdrawn.
  156         (C)(D) The date each final contract was executed.
  157         (II) Annually, by November 1 Beginning August 31, 2013, and
  158  each year thereafter, the sponsor shall submit to the department
  159  the information for the applications submitted the previous
  160  year.
  161         (III) The department shall compile an annual report, by
  162  sponsor district, and post the report on its website by January
  163  15 November 1 of each year.
  164         2. Immunity for the sponsor of a charter school under
  165  subparagraph 1. applies only with respect to acts or omissions
  166  not under the sponsor’s direct authority as described in this
  167  section.
  168         3. This paragraph does not waive a sponsor’s district
  169  school board’s sovereign immunity.
  170         4. A Florida College System institution may work with the
  171  school district or school districts in its designated service
  172  area to develop charter schools that offer secondary education.
  173  These charter schools must include an option for students to
  174  receive an associate degree upon high school graduation. If a
  175  Florida College System institution operates an approved teacher
  176  preparation program under s. 1004.04 or s. 1004.85, the
  177  institution may operate no more than one charter schools school
  178  that serve serves students in kindergarten through grade 12 in
  179  any school district within the service area of the institution.
  180  In kindergarten through grade 8, the charter school shall
  181  implement innovative blended learning instructional models in
  182  which, for a given course, a student learns in part through
  183  online delivery of content and instruction with some element of
  184  student control over time, place, path, or pace and in part at a
  185  supervised brick-and-mortar location away from home. A student
  186  in a blended learning course must be a full-time student of the
  187  charter school and receive the online instruction in a classroom
  188  setting at the charter school. District school boards shall
  189  cooperate with and assist the Florida College System institution
  190  on the charter application. Florida College System institution
  191  applications for charter schools are not subject to the time
  192  deadlines outlined in subsection (6) and may be approved by the
  193  district school board at any time during the year. Florida
  194  College System institutions may not report FTE for any students
  195  participating under this subparagraph who receive FTE funding
  196  through the Florida Education Finance Program.
  197         5. A school district may enter into nonexclusive interlocal
  198  agreements with federal and state agencies, counties,
  199  municipalities, and other governmental entities that operate
  200  within the geographical borders of the school district to act on
  201  behalf of such governmental entities in the inspection,
  202  issuance, and other necessary activities for all necessary
  203  permits, licenses, and other permissions that a charter school
  204  needs in order for development, construction, or operation. A
  205  charter school may use, but may not be required to use, a school
  206  district for these services. The interlocal agreement must
  207  include, but need not be limited to, the identification of fees
  208  that charter schools will be charged for such services. The fees
  209  must consist of the governmental entity’s fees plus a fee for
  210  the school district to recover no more than actual costs for
  211  providing such services. These services and fees are not
  212  included within the services to be provided pursuant to
  213  subsection (20).
  214         6.The board of trustees of a sponsoring state university
  215  or Florida College System institution under paragraph (a) is the
  216  local educational agency for all charter schools it sponsors for
  217  purposes of receiving federal funds and accepts full
  218  responsibility for all local educational agency requirements and
  219  the schools for which it will perform local educational agency
  220  responsibilities. A student enrolled in a charter school that is
  221  sponsored by a state university or Florida College System
  222  institution may not be included in the calculation of the school
  223  district’s grade under s. 1008.34(5) for the school district in
  224  which he or she resides.
  225         (c)Sponsor accountability.
  226         1.The department shall, in collaboration with charter
  227  school sponsors and charter school operators, develop a sponsor
  228  evaluation framework that must address, at a minimum:
  229         a.The sponsor’s strategic vision for charter school
  230  authorizing and the sponsor’s progress toward that vision.
  231         b.The alignment of the sponsor’s policies and practices to
  232  best practices for charter school authorizing.
  233         c.The academic and financial performance of all operating
  234  charter schools overseen by the sponsor.
  235         d.The status of charter schools authorized by the sponsor,
  236  including approved, operating, and closed schools.
  237         2.The department shall compile the results by sponsor and
  238  include the results in the report required under sub-sub
  239  subparagraph (b)1.k.(III).
  240         (6) APPLICATION PROCESS AND REVIEW.—Charter school
  241  applications are subject to the following requirements:
  242         (b) A sponsor shall receive and review all applications for
  243  a charter school using the evaluation instrument developed by
  244  the Department of Education. A sponsor shall receive and
  245  consider charter school applications received on or before
  246  August 1 of each calendar year for charter schools to be opened
  247  at the beginning of the school district’s next school year, or
  248  to be opened at a time agreed to by the applicant and the
  249  sponsor. A sponsor may not refuse to receive a charter school
  250  application submitted before August 1 and may receive an
  251  application submitted later than August 1 if it chooses.
  252  Beginning in 2018 and thereafter, A sponsor shall receive and
  253  consider charter school applications received on or before
  254  February 1 of each calendar year for charter schools to be
  255  opened 18 months later at the beginning of the school district’s
  256  school year, or to be opened at a time determined by the
  257  applicant. A sponsor may not refuse to receive a charter school
  258  application submitted before February 1 and may receive an
  259  application submitted later than February 1 if it chooses. A
  260  sponsor may not charge an applicant for a charter any fee for
  261  the processing or consideration of an application, and a sponsor
  262  may not base its consideration or approval of a final
  263  application upon the promise of future payment of any kind.
  264  Before approving or denying any application, the sponsor shall
  265  allow the applicant, upon receipt of written notification, at
  266  least 7 calendar days to make technical or nonsubstantive
  267  corrections and clarifications, including, but not limited to,
  268  corrections of grammatical, typographical, and like errors or
  269  missing signatures, if such errors are identified by the sponsor
  270  as cause to deny the final application.
  271         1. In order to facilitate an accurate budget projection
  272  process, a sponsor shall be held harmless for FTE students who
  273  are not included in the FTE projection due to approval of
  274  charter school applications after the FTE projection deadline.
  275  In a further effort to facilitate an accurate budget projection,
  276  within 15 calendar days after receipt of a charter school
  277  application, a sponsor shall report to the Department of
  278  Education the name of the applicant entity, the proposed charter
  279  school location, and its projected FTE.
  280         2. In order to ensure fiscal responsibility, an application
  281  for a charter school shall include a full accounting of expected
  282  assets, a projection of expected sources and amounts of income,
  283  including income derived from projected student enrollments and
  284  from community support, and an expense projection that includes
  285  full accounting of the costs of operation, including start-up
  286  costs.
  287         3.a. A sponsor shall by a majority vote approve or deny an
  288  application no later than 90 calendar days after the application
  289  is received, unless the sponsor and the applicant mutually agree
  290  in writing to temporarily postpone the vote to a specific date,
  291  at which time the sponsor shall by a majority vote approve or
  292  deny the application. If the sponsor fails to act on the
  293  application, an applicant may appeal to the State Board of
  294  Education as provided in paragraph (c). If an application is
  295  denied, the sponsor shall, within 10 calendar days after such
  296  denial, articulate in writing the specific reasons, based upon
  297  good cause, supporting its denial of the application and shall
  298  provide the letter of denial and supporting documentation to the
  299  applicant and to the Department of Education.
  300         b. An application submitted by a high-performing charter
  301  school identified pursuant to s. 1002.331 or a high-performing
  302  charter school system identified pursuant to s. 1002.332 may be
  303  denied by the sponsor only if the sponsor demonstrates by clear
  304  and convincing evidence that:
  305         (I) The application of a high-performing charter school
  306  does not materially comply with the requirements in paragraph
  307  (a) or, for a high-performing charter school system, the
  308  application does not materially comply with s. 1002.332(2)(b);
  309         (II) The charter school proposed in the application does
  310  not materially comply with the requirements in paragraphs
  311  (9)(a)-(f);
  312         (III) The proposed charter school’s educational program
  313  does not substantially replicate that of the applicant or one of
  314  the applicant’s high-performing charter schools;
  315         (IV) The applicant has made a material misrepresentation or
  316  false statement or concealed an essential or material fact
  317  during the application process; or
  318         (V) The proposed charter school’s educational program and
  319  financial management practices do not materially comply with the
  320  requirements of this section.
  322  Material noncompliance is a failure to follow requirements or a
  323  violation of prohibitions applicable to charter school
  324  applications, which failure is quantitatively or qualitatively
  325  significant either individually or when aggregated with other
  326  noncompliance. An applicant is considered to be replicating a
  327  high-performing charter school if the proposed school is
  328  substantially similar to at least one of the applicant’s high
  329  performing charter schools and the organization or individuals
  330  involved in the establishment and operation of the proposed
  331  school are significantly involved in the operation of replicated
  332  schools.
  333         c. If the sponsor denies an application submitted by a
  334  high-performing charter school or a high-performing charter
  335  school system, the sponsor must, within 10 calendar days after
  336  such denial, state in writing the specific reasons, based upon
  337  the criteria in sub-subparagraph b., supporting its denial of
  338  the application and must provide the letter of denial and
  339  supporting documentation to the applicant and to the Department
  340  of Education. The applicant may appeal the sponsor’s denial of
  341  the application in accordance with paragraph (c).
  342         4. For budget projection purposes, the sponsor shall report
  343  to the Department of Education the approval or denial of an
  344  application within 10 calendar days after such approval or
  345  denial. In the event of approval, the report to the Department
  346  of Education shall include the final projected FTE for the
  347  approved charter school.
  348         5. Upon approval of an application, the initial startup
  349  shall commence with the beginning of the public school calendar
  350  for the district in which the charter is granted. A charter
  351  school may defer the opening of the school’s operations for up
  352  to 3 years to provide time for adequate facility planning. The
  353  charter school must provide written notice of such intent to the
  354  sponsor and the parents of enrolled students at least 30
  355  calendar days before the first day of school.
  356         (d)1. The sponsor shall act upon the decision of the State
  357  Board of Education within 30 calendar days after it is received.
  358  The State Board of Education’s decision is a final action
  359  subject to judicial review in the district court of appeal. A
  360  prevailing party may file an action with the Division of
  361  Administrative Hearings to recover reasonable attorney fees and
  362  costs incurred during the denial of the application and any
  363  appeals.
  364         2. If the State Board of Education determines that a
  365  district school board is in violation of a state board decision
  366  on a charter school application and of a court order for the
  367  school board to enter into a charter with a charter school
  368  governing board, the state board must withhold state funds
  369  provided under s. 1011.62 by the total number of K-12 students,
  370  as applicable, projected to be enrolled in the charter school in
  371  the first year of operation as reported in the charter school
  372  application. The state board shall withhold the amount in each
  373  disbursement of such funds until the district school board
  374  enters into a charter with the charter school governing board.
  375  If the district school board enters into such charter during the
  376  same fiscal year, all withheld funds must be disbursed to the
  377  district school board.
  378         (7) CHARTER.—The terms and conditions for the operation of
  379  a charter school shall be set forth by the sponsor and the
  380  applicant in a written contractual agreement, called a charter.
  381  The sponsor and the governing board of the charter school shall
  382  use the standard charter contract pursuant to subsection (21),
  383  which shall incorporate the approved application and any addenda
  384  approved with the application. Any term or condition of a
  385  proposed charter contract that differs from the standard charter
  386  contract adopted by rule of the State Board of Education shall
  387  be presumed a limitation on charter school flexibility. The
  388  sponsor may not impose unreasonable rules or regulations that
  389  violate the intent of giving charter schools greater flexibility
  390  to meet educational goals. The charter shall be signed by the
  391  governing board of the charter school and the sponsor, following
  392  a public hearing to ensure community input.
  393         (a) The charter shall address and criteria for approval of
  394  the charter shall be based on:
  395         1. The school’s mission, the students to be served, and the
  396  ages and grades to be included.
  397         2. The focus of the curriculum, the instructional methods
  398  to be used, any distinctive instructional techniques to be
  399  employed, and identification and acquisition of appropriate
  400  technologies needed to improve educational and administrative
  401  performance which include a means for promoting safe, ethical,
  402  and appropriate uses of technology which comply with legal and
  403  professional standards.
  404         a. The charter shall ensure that reading is a primary focus
  405  of the curriculum and that resources are provided to identify
  406  and provide specialized instruction for students who are reading
  407  below grade level. The curriculum and instructional strategies
  408  for reading must be consistent with the Next Generation Sunshine
  409  State Standards and grounded in scientifically based reading
  410  research.
  411         b. In order to provide students with access to diverse
  412  instructional delivery models, to facilitate the integration of
  413  technology within traditional classroom instruction, and to
  414  provide students with the skills they need to compete in the
  415  21st century economy, the Legislature encourages instructional
  416  methods for blended learning courses consisting of both
  417  traditional classroom and online instructional techniques.
  418  Charter schools may implement blended learning courses which
  419  combine traditional classroom instruction and virtual
  420  instruction. Students in a blended learning course must be full
  421  time students of the charter school pursuant to s.
  422  1011.61(1)(a)1. Instructional personnel certified pursuant to s.
  423  1012.55 who provide virtual instruction for blended learning
  424  courses may be employees of the charter school or may be under
  425  contract to provide instructional services to charter school
  426  students. At a minimum, such instructional personnel must hold
  427  an active state or school district adjunct certification under
  428  s. 1012.57 for the subject area of the blended learning course.
  429  The funding and performance accountability requirements for
  430  blended learning courses are the same as those for traditional
  431  courses.
  432         3. The current incoming baseline standard of student
  433  academic achievement, the outcomes to be achieved, and the
  434  method of measurement that will be used. The criteria listed in
  435  this subparagraph shall include a detailed description of:
  436         a. How the baseline student academic achievement levels and
  437  prior rates of academic progress will be established.
  438         b. How these baseline rates will be compared to rates of
  439  academic progress achieved by these same students while
  440  attending the charter school.
  441         c. To the extent possible, how these rates of progress will
  442  be evaluated and compared with rates of progress of other
  443  closely comparable student populations.
  445  A The district school board is required to provide academic
  446  student performance data to charter schools for each of their
  447  students coming from the district school system, as well as
  448  rates of academic progress of comparable student populations in
  449  the district school system.
  450         4. The methods used to identify the educational strengths
  451  and needs of students and how well educational goals and
  452  performance standards are met by students attending the charter
  453  school. The methods shall provide a means for the charter school
  454  to ensure accountability to its constituents by analyzing
  455  student performance data and by evaluating the effectiveness and
  456  efficiency of its major educational programs. Students in
  457  charter schools shall, at a minimum, participate in the
  458  statewide assessment program created under s. 1008.22.
  459         5. In secondary charter schools, a method for determining
  460  that a student has satisfied the requirements for graduation in
  461  s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
  462         6. A method for resolving conflicts between the governing
  463  board of the charter school and the sponsor.
  464         7. The admissions procedures and dismissal procedures,
  465  including the school’s code of student conduct. Admission or
  466  dismissal must not be based on a student’s academic performance.
  467         8. The ways by which the school will achieve a
  468  racial/ethnic balance reflective of the community it serves or
  469  within the racial/ethnic range of other nearby public schools in
  470  the same school district.
  471         9. The financial and administrative management of the
  472  school, including a reasonable demonstration of the professional
  473  experience or competence of those individuals or organizations
  474  applying to operate the charter school or those hired or
  475  retained to perform such professional services and the
  476  description of clearly delineated responsibilities and the
  477  policies and practices needed to effectively manage the charter
  478  school. A description of internal audit procedures and
  479  establishment of controls to ensure that financial resources are
  480  properly managed must be included. Both public sector and
  481  private sector professional experience shall be equally valid in
  482  such a consideration.
  483         10. The asset and liability projections required in the
  484  application which are incorporated into the charter and shall be
  485  compared with information provided in the annual report of the
  486  charter school.
  487         11. A description of procedures that identify various risks
  488  and provide for a comprehensive approach to reduce the impact of
  489  losses; plans to ensure the safety and security of students and
  490  staff; plans to identify, minimize, and protect others from
  491  violent or disruptive student behavior; and the manner in which
  492  the school will be insured, including whether or not the school
  493  will be required to have liability insurance, and, if so, the
  494  terms and conditions thereof and the amounts of coverage.
  495         12. The term of the charter which shall provide for
  496  cancellation of the charter if insufficient progress has been
  497  made in attaining the student achievement objectives of the
  498  charter and if it is not likely that such objectives can be
  499  achieved before expiration of the charter. The initial term of a
  500  charter shall be for 5 years, excluding 2 planning years. In
  501  order to facilitate access to long-term financial resources for
  502  charter school construction, charter schools that are operated
  503  by a municipality or other public entity as provided by law are
  504  eligible for up to a 15-year charter, subject to approval by the
  505  sponsor district school board. A charter lab school is eligible
  506  for a charter for a term of up to 15 years. In addition, to
  507  facilitate access to long-term financial resources for charter
  508  school construction, charter schools that are operated by a
  509  private, not-for-profit, s. 501(c)(3) status corporation are
  510  eligible for up to a 15-year charter, subject to approval by the
  511  sponsor district school board. Such long-term charters remain
  512  subject to annual review and may be terminated during the term
  513  of the charter, but only according to the provisions set forth
  514  in subsection (8).
  515         13. The facilities to be used and their location. The
  516  sponsor may not require a charter school to have a certificate
  517  of occupancy or a temporary certificate of occupancy for such a
  518  facility earlier than 15 calendar days before the first day of
  519  school.
  520         14. The qualifications to be required of the teachers and
  521  the potential strategies used to recruit, hire, train, and
  522  retain qualified staff to achieve best value.
  523         15. The governance structure of the school, including the
  524  status of the charter school as a public or private employer as
  525  required in paragraph (12)(i).
  526         16. A timetable for implementing the charter which
  527  addresses the implementation of each element thereof and the
  528  date by which the charter shall be awarded in order to meet this
  529  timetable.
  530         17. In the case of an existing public school that is being
  531  converted to charter status, alternative arrangements for
  532  current students who choose not to attend the charter school and
  533  for current teachers who choose not to teach in the charter
  534  school after conversion in accordance with the existing
  535  collective bargaining agreement or district school board rule in
  536  the absence of a collective bargaining agreement. However,
  537  alternative arrangements shall not be required for current
  538  teachers who choose not to teach in a charter lab school, except
  539  as authorized by the employment policies of the state university
  540  which grants the charter to the lab school.
  541         18. Full disclosure of the identity of all relatives
  542  employed by the charter school who are related to the charter
  543  school owner, president, chairperson of the governing board of
  544  directors, superintendent, governing board member, principal,
  545  assistant principal, or any other person employed by the charter
  546  school who has equivalent decisionmaking authority. For the
  547  purpose of this subparagraph, the term “relative” means father,
  548  mother, son, daughter, brother, sister, uncle, aunt, first
  549  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  550  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  551  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  552  stepsister, half brother, or half sister.
  553         19. Implementation of the activities authorized under s.
  554  1002.331 by the charter school when it satisfies the eligibility
  555  requirements for a high-performing charter school. A high
  556  performing charter school shall notify its sponsor in writing by
  557  March 1 if it intends to increase enrollment or expand grade
  558  levels the following school year. The written notice shall
  559  specify the amount of the enrollment increase and the grade
  560  levels that will be added, as applicable.
  561         (b) The sponsor has 30 days after approval of the
  562  application to provide an initial proposed charter contract to
  563  the charter school. The applicant and the sponsor have 40 days
  564  thereafter to negotiate and notice the charter contract for
  565  final approval by the sponsor unless both parties agree to an
  566  extension. The proposed charter contract shall be provided to
  567  the charter school at least 7 calendar days before the date of
  568  the meeting at which the charter is scheduled to be voted upon
  569  by the sponsor. The Department of Education shall provide
  570  mediation services for any dispute regarding this section
  571  subsequent to the approval of a charter application and for any
  572  dispute relating to the approved charter, except a dispute
  573  regarding a charter school application denial. If either the
  574  charter school or the sponsor indicates in writing that the
  575  party does not desire to settle any dispute arising under this
  576  section through mediation procedures offered by the Department
  577  of Education, a charter school may immediately appeal any formal
  578  or informal decision by the sponsor to an administrative law
  579  judge appointed by the Division of Administrative Hearings. If
  580  the Commissioner of Education determines that the dispute cannot
  581  be settled through mediation, the dispute may also be appealed
  582  to an administrative law judge appointed by the Division of
  583  Administrative Hearings. The administrative law judge has final
  584  order authority to rule on issues of equitable treatment of the
  585  charter school as a public school, whether proposed provisions
  586  of the charter violate the intended flexibility granted charter
  587  schools by statute, or any other matter regarding this section,
  588  except a dispute regarding charter school application denial, a
  589  charter termination, or a charter nonrenewal. The administrative
  590  law judge shall award the prevailing party reasonable attorney
  591  fees and costs incurred during the mediation process,
  592  administrative proceeding, and any appeals, to be paid by the
  593  party whom the administrative law judge rules against.
  594         (d) A charter may be modified during its initial term or
  595  any renewal term upon the recommendation of the sponsor or the
  596  charter school’s governing board and the approval of both
  597  parties to the agreement. Changes to curriculum that are
  598  consistent with state standards and are necessary to implement
  599  blended learning shall be deemed approved unless the sponsor
  600  determines in writing that the curriculum is inconsistent with
  601  state standards. Modification during any term may include, but
  602  is not limited to, consolidation of multiple charters into a
  603  single charter if the charters are operated under the same
  604  governing board, regardless of the renewal cycle. A charter
  605  school that is not subject to a school improvement plan and that
  606  closes as part of a consolidation shall be reported by the
  607  sponsor school district as a consolidation.
  609         (c) A charter may be terminated immediately if the sponsor
  610  sets forth in writing the particular facts and circumstances
  611  demonstrating indicating that an immediate and serious danger to
  612  the health, safety, or welfare of the charter school’s students
  613  exists, that the immediate and serious danger is likely to
  614  continue, and that an immediate termination of the charter is
  615  necessary. The sponsor’s determination is subject to the
  616  procedures set forth in paragraph (b), except that the hearing
  617  may take place after the charter has been terminated. The
  618  sponsor shall notify in writing the charter school’s governing
  619  board, the charter school principal, and the department of the
  620  facts and circumstances supporting the immediate termination if
  621  a charter is terminated immediately. The sponsor shall clearly
  622  identify the specific issues that resulted in the immediate
  623  termination and provide evidence of prior notification of issues
  624  resulting in the immediate termination, if applicable when
  625  appropriate. Upon receiving written notice from the sponsor, the
  626  charter school’s governing board has 10 calendar days to request
  627  a hearing. A requested hearing must be expedited and the final
  628  order must be issued within 60 days after the date of request.
  629  The administrative law judge shall award reasonable attorney
  630  fees and costs to the prevailing party of any injunction,
  631  administrative proceeding, or appeal. The sponsor may seek an
  632  injunction in the circuit court in which the charter school is
  633  located to enjoin continued operation of the charter school if
  634  shall assume operation of the charter school throughout the
  635  pendency of the hearing under paragraph (b) unless the continued
  636  operation of the charter school would materially threaten the
  637  health, safety, or welfare of the students. Failure by the
  638  sponsor to assume and continue operation of the charter school
  639  shall result in the awarding of reasonable costs and attorney’s
  640  fees to the charter school if the charter school prevails on
  641  appeal.
  642         (d) When a charter is not renewed or is terminated, the
  643  school shall be dissolved under the provisions of law under
  644  which the school was organized, and any unencumbered public
  645  funds, except for capital outlay funds and federal charter
  646  school program grant funds, from the charter school shall revert
  647  to the sponsor. Capital outlay funds provided pursuant to s.
  648  1013.62 and federal charter school program grant funds that are
  649  unencumbered shall revert to the department to be redistributed
  650  among eligible charter schools. In the event a charter school is
  651  dissolved or is otherwise terminated, all sponsor district
  652  school board property and improvements, furnishings, and
  653  equipment purchased with public funds shall automatically revert
  654  to full ownership by the sponsor district school board, subject
  655  to complete satisfaction of any lawful liens or encumbrances.
  656  Any unencumbered public funds from the charter school, district
  657  school board property and improvements, furnishings, and
  658  equipment purchased with public funds, or financial or other
  659  records pertaining to the charter school, in the possession of
  660  any person, entity, or holding company, other than the charter
  661  school, shall be held in trust upon the sponsor’s district
  662  school board’s request, until any appeal status is resolved.
  663         (e) If a charter is not renewed or is terminated, the
  664  charter school is responsible for all debts of the charter
  665  school. The sponsor district may not assume the debt from any
  666  contract made between the governing body of the school and a
  667  third party, except for a debt that is previously detailed and
  668  agreed upon in writing by both the sponsor district and the
  669  governing body of the school and that may not reasonably be
  670  assumed to have been satisfied by the sponsor district.
  672         (g)1. In order to provide financial information that is
  673  comparable to that reported for other public schools, charter
  674  schools are to maintain all financial records that constitute
  675  their accounting system:
  676         a. In accordance with the accounts and codes prescribed in
  677  the most recent issuance of the publication titled “Financial
  678  and Program Cost Accounting and Reporting for Florida Schools”;
  679  or
  680         b. At the discretion of the charter school’s governing
  681  board, a charter school may elect to follow generally accepted
  682  accounting standards for not-for-profit organizations, but must
  683  reformat this information for reporting according to this
  684  paragraph.
  685         2. Charter schools shall provide annual financial report
  686  and program cost report information in the state-required
  687  formats for inclusion in sponsor district reporting in
  688  compliance with s. 1011.60(1). Charter schools that are operated
  689  by a municipality or are a component unit of a parent nonprofit
  690  organization may use the accounting system of the municipality
  691  or the parent but must reformat this information for reporting
  692  according to this paragraph.
  693         3. A charter school shall, upon approval of the charter
  694  contract, provide the sponsor with a concise, uniform, monthly
  695  financial statement summary sheet that contains a balance sheet
  696  and a statement of revenue, expenditures, and changes in fund
  697  balance. The balance sheet and the statement of revenue,
  698  expenditures, and changes in fund balance shall be in the
  699  governmental funds format prescribed by the Governmental
  700  Accounting Standards Board. A high-performing charter school
  701  pursuant to s. 1002.331 may provide a quarterly financial
  702  statement in the same format and requirements as the uniform
  703  monthly financial statement summary sheet. The sponsor shall
  704  review each monthly or quarterly financial statement to identify
  705  the existence of any conditions identified in s. 1002.345(1)(a).
  706         4. A charter school shall maintain and provide financial
  707  information as required in this paragraph. The financial
  708  statement required in subparagraph 3. must be in a form
  709  prescribed by the Department of Education.
  710         (n)1. The director and a representative of the governing
  711  board of a charter school that has earned a grade of “D” or “F”
  712  pursuant to s. 1008.34 shall appear before the sponsor to
  713  present information concerning each contract component having
  714  noted deficiencies. The director and a representative of the
  715  governing board shall submit to the sponsor for approval a
  716  school improvement plan to raise student performance. Upon
  717  approval by the sponsor, the charter school shall begin
  718  implementation of the school improvement plan. The department
  719  shall offer technical assistance and training to the charter
  720  school and its governing board and establish guidelines for
  721  developing, submitting, and approving such plans.
  722         2.a. If a charter school earns three consecutive grades
  723  below a “C,” the charter school governing board shall choose one
  724  of the following corrective actions:
  725         (I) Contract for educational services to be provided
  726  directly to students, instructional personnel, and school
  727  administrators, as prescribed in state board rule;
  728         (II) Contract with an outside entity that has a
  729  demonstrated record of effectiveness to operate the school;
  730         (III) Reorganize the school under a new director or
  731  principal who is authorized to hire new staff; or
  732         (IV) Voluntarily close the charter school.
  733         b. The charter school must implement the corrective action
  734  in the school year following receipt of a third consecutive
  735  grade below a “C.”
  736         c. The sponsor may annually waive a corrective action if it
  737  determines that the charter school is likely to improve a letter
  738  grade if additional time is provided to implement the
  739  intervention and support strategies prescribed by the school
  740  improvement plan. Notwithstanding this sub-subparagraph, a
  741  charter school that earns a second consecutive grade of “F” is
  742  subject to subparagraph 3.
  743         d. A charter school is no longer required to implement a
  744  corrective action if it improves to a “C” or higher. However,
  745  the charter school must continue to implement strategies
  746  identified in the school improvement plan. The sponsor must
  747  annually review implementation of the school improvement plan to
  748  monitor the school’s continued improvement pursuant to
  749  subparagraph 4.
  750         e. A charter school implementing a corrective action that
  751  does not improve to a “C” or higher after 2 full school years of
  752  implementing the corrective action must select a different
  753  corrective action. Implementation of the new corrective action
  754  must begin in the school year following the implementation
  755  period of the existing corrective action, unless the sponsor
  756  determines that the charter school is likely to improve to a “C”
  757  or higher if additional time is provided to implement the
  758  existing corrective action. Notwithstanding this sub
  759  subparagraph, a charter school that earns a second consecutive
  760  grade of “F” while implementing a corrective action is subject
  761  to subparagraph 3.
  762         3. A charter school’s charter contract is automatically
  763  terminated if the school earns two consecutive grades of “F”
  764  after all school grade appeals are final unless:
  765         a. The charter school is established to turn around the
  766  performance of a district public school pursuant to s.
  767  1008.33(4)(b)2. Such charter schools shall be governed by s.
  768  1008.33;
  769         b. The charter school serves a student population the
  770  majority of which resides in a school zone served by a district
  771  public school subject to s. 1008.33(4) and the charter school
  772  earns at least a grade of “D” in its third year of operation.
  773  The exception provided under this sub-subparagraph does not
  774  apply to a charter school in its fourth year of operation and
  775  thereafter; or
  776         c. The state board grants the charter school a waiver of
  777  termination. The charter school must request the waiver within
  778  15 days after the department’s official release of school
  779  grades. The state board may waive termination if the charter
  780  school demonstrates that the Learning Gains of its students on
  781  statewide assessments are comparable to or better than the
  782  Learning Gains of similarly situated students enrolled in nearby
  783  district public schools. The waiver is valid for 1 year and may
  784  only be granted once. Charter schools that have been in
  785  operation for more than 5 years are not eligible for a waiver
  786  under this sub-subparagraph.
  788  The sponsor shall notify the charter school’s governing board,
  789  the charter school principal, and the department in writing when
  790  a charter contract is terminated under this subparagraph. A
  791  charter terminated under this subparagraph must follow the
  792  procedures for dissolution and reversion of public funds
  793  pursuant to paragraphs (8)(d)-(f) and (9)(o).
  794         4. The director and a representative of the governing board
  795  of a graded charter school that has implemented a school
  796  improvement plan under this paragraph shall appear before the
  797  sponsor at least once a year to present information regarding
  798  the progress of intervention and support strategies implemented
  799  by the school pursuant to the school improvement plan and
  800  corrective actions, if applicable. The sponsor shall communicate
  801  at the meeting, and in writing to the director, the services
  802  provided to the school to help the school address its
  803  deficiencies.
  804         5. Notwithstanding any provision of this paragraph except
  805  sub-subparagraphs 3.a.-c., the sponsor may terminate the charter
  806  at any time pursuant to subsection (8).
  807         (10) ELIGIBLE STUDENTS.—
  808         (d) A charter school may give enrollment preference to the
  809  following student populations:
  810         1. Students who are siblings of a student enrolled in the
  811  charter school.
  812         2. Students who are the children of a member of the
  813  governing board of the charter school.
  814         3. Students who are the children of an employee of the
  815  charter school.
  816         4. Students who are the children of:
  817         a.  An employee of the business partner of a charter
  818  school-in-the-workplace established under paragraph (15)(b) or a
  819  resident of the municipality in which such charter school is
  820  located; or
  821         b. A resident or employee of a municipality that operates a
  822  charter school-in-a-municipality pursuant to paragraph (15)(c)
  823  or allows a charter school to use a school facility or portion
  824  of land provided by the municipality for the operation of the
  825  charter school.
  826         5. Students who have successfully completed, during the
  827  previous year, a voluntary prekindergarten education program
  828  under ss. 1002.51-1002.79 provided by the charter school, or the
  829  charter school’s governing board, or a voluntary prekindergarten
  830  provider that has a written agreement with the governing board
  831  during the previous year.
  832         6. Students who are the children of an active duty member
  833  of any branch of the United States Armed Forces.
  834         7. Students who attended or are assigned to failing schools
  835  pursuant to s. 1002.38(2).
  836         (e) A charter school may limit the enrollment process only
  837  to target the following student populations:
  838         1. Students within specific age groups or grade levels.
  839         2. Students considered at risk of dropping out of school or
  840  academic failure. Such students shall include exceptional
  841  education students.
  842         3. Students enrolling in a charter school-in-the-workplace
  843  or charter school-in-a-municipality established pursuant to
  844  subsection (15).
  845         4. Students residing within a reasonable distance of the
  846  charter school, as described in paragraph (20)(c). Such students
  847  shall be subject to a random lottery and to the racial/ethnic
  848  balance provisions described in subparagraph (7)(a)8. or any
  849  federal provisions that require a school to achieve a
  850  racial/ethnic balance reflective of the community it serves or
  851  within the racial/ethnic range of other nearby public schools in
  852  the same school district.
  853         5. Students who meet reasonable academic, artistic, or
  854  other eligibility standards established by the charter school
  855  and included in the charter school application and charter or,
  856  in the case of existing charter schools, standards that are
  857  consistent with the school’s mission and purpose. Such standards
  858  shall be in accordance with current state law and practice in
  859  public schools and may not discriminate against otherwise
  860  qualified individuals.
  861         6. Students articulating from one charter school to another
  862  pursuant to an articulation agreement between the charter
  863  schools that has been approved by the sponsor.
  864         7. Students living in a development in which a developer,
  865  including any affiliated business entity or charitable
  866  foundation, contributes to the formation, acquisition,
  867  construction, or operation of one or more charter schools or
  868  charter provides the school facilities facility and related
  869  property in an amount equal to or having a total an appraised
  870  value of at least $5 million to be used as a charter schools
  871  school to mitigate the educational impact created by the
  872  development of new residential dwelling units. Students living
  873  in the development are shall be entitled to no more than 50
  874  percent of the student stations in the charter schools school.
  875  The students who are eligible for enrollment are subject to a
  876  random lottery, the racial/ethnic balance provisions, or any
  877  federal provisions, as described in subparagraph 4. The
  878  remainder of the student stations must shall be filled in
  879  accordance with subparagraph 4.
  882  NOT TO BE PLEDGED.—Any arrangement entered into to borrow or
  883  otherwise secure funds for a charter school authorized in this
  884  section from a source other than the state or a sponsor school
  885  district shall indemnify the state and the sponsor school
  886  district from any and all liability, including, but not limited
  887  to, financial responsibility for the payment of the principal or
  888  interest. Any loans, bonds, or other financial agreements are
  889  not obligations of the state or the sponsor school district but
  890  are obligations of the charter school authority and are payable
  891  solely from the sources of funds pledged by such agreement. The
  892  credit or taxing power of the state or the sponsor school
  893  district shall not be pledged and no debts shall be payable out
  894  of any moneys except those of the legal entity in possession of
  895  a valid charter approved by a sponsor district school board
  896  pursuant to this section.
  899         (c) A charter school-in-a-municipality designation may be
  900  granted to a municipality that possesses a charter; enrolls
  901  students based upon a random lottery that involves all of the
  902  children of the residents of that municipality who are seeking
  903  enrollment, as provided for in subsection (10); and enrolls
  904  students according to the racial/ethnic balance provisions
  905  described in subparagraph (7)(a)8. When a municipality has
  906  submitted charter applications for the establishment of a
  907  charter school feeder pattern, consisting of elementary, middle,
  908  and senior high schools, and each individual charter application
  909  is approved by the sponsor district school board, such schools
  910  shall then be designated as one charter school for all purposes
  911  listed pursuant to this section. Any portion of the land and
  912  facility used for a public charter school shall be exempt from
  913  ad valorem taxes, as provided for in s. 1013.54, for the
  914  duration of its use as a public school.
  915         (17) FUNDING.—Students enrolled in a charter school,
  916  regardless of the sponsorship, shall be funded as if they are in
  917  a basic program or a special program, the same as students
  918  enrolled in other public schools in a the school district.
  919  Funding for a charter lab school shall be as provided in s.
  920  1002.32.
  921         (a) Each charter school shall report its student enrollment
  922  to the sponsor as required in s. 1011.62, and in accordance with
  923  the definitions in s. 1011.61. The sponsor shall include each
  924  charter school’s enrollment in the sponsor’s district’s report
  925  of student enrollment. All charter schools submitting student
  926  record information required by the Department of Education shall
  927  comply with the Department of Education’s guidelines for
  928  electronic data formats for such data, and all sponsors
  929  districts shall accept electronic data that complies with the
  930  Department of Education’s electronic format.
  931         (b)1. The basis for the agreement for funding students
  932  enrolled in a charter school shall be the sum of the school
  933  district’s operating funds from the Florida Education Finance
  934  Program as provided in s. 1011.62 and the General Appropriations
  935  Act, including gross state and local funds, discretionary
  936  lottery funds, and funds from the school district’s current
  937  operating discretionary millage levy; divided by total funded
  938  weighted full-time equivalent students in the school district;
  939  and multiplied by the weighted full-time equivalent students for
  940  the charter school. Charter schools whose students or programs
  941  meet the eligibility criteria in law are entitled to their
  942  proportionate share of categorical program funds included in the
  943  total funds available in the Florida Education Finance Program
  944  by the Legislature, including transportation, the research-based
  945  reading allocation, and the Florida digital classrooms
  946  allocation. Total funding for each charter school shall be
  947  recalculated during the year to reflect the revised calculations
  948  under the Florida Education Finance Program by the state and the
  949  actual weighted full-time equivalent students reported by the
  950  charter school during the full-time equivalent student survey
  951  periods designated by the Commissioner of Education. For charter
  952  schools operated by a not-for-profit or municipal entity, any
  953  unrestricted current and capital assets identified in the
  954  charter school’s annual financial audit may be used for other
  955  charter schools operated by the not-for-profit or municipal
  956  entity within the school district. Unrestricted current assets
  957  shall be used in accordance with s. 1011.62, and any
  958  unrestricted capital assets shall be used in accordance with s.
  959  1013.62(2).
  960         2.a.Students enrolled in a charter school sponsored by a
  961  state university or Florida College System institution pursuant
  962  to paragraph (5)(a) shall be funded as if they are in a basic
  963  program or a special program in the school district. The basis
  964  for funding these students is the sum of the total operating
  965  funds from the Florida Education Finance Program for the school
  966  district in which the school is located as provided in s.
  967  1011.62 and the General Appropriations Act, including gross
  968  state and local funds, discretionary lottery funds, and funds
  969  from each school district’s current operating discretionary
  970  millage levy, divided by total funded weighted full-time
  971  equivalent students in the district, and multiplied by the full
  972  time equivalent membership of the charter school. The Department
  973  of Education shall develop a tool that each state university or
  974  Florida College System institution sponsoring a charter school
  975  shall use for purposes of calculating the funding amount for
  976  each eligible charter school student. The total amount obtained
  977  from the calculation must be appropriated from state funds in
  978  the General Appropriations Act to the charter school.
  979         b.Capital outlay funding for a charter school sponsored by
  980  a state university or Florida College System institution
  981  pursuant to paragraph (5)(a) is determined pursuant to s.
  982  1013.62 and the General Appropriations Act.
  983         (c) Pursuant to 20 U.S.C. 8061 s. 10306, all charter
  984  schools shall receive all federal funding for which the school
  985  is otherwise eligible, including Title I funding, not later than
  986  5 months after the charter school first opens and within 5
  987  months after any subsequent expansion of enrollment. Unless
  988  otherwise mutually agreed to by the charter school and its
  989  sponsor, and consistent with state and federal rules and
  990  regulations governing the use and disbursement of federal funds,
  991  the sponsor shall reimburse the charter school on a monthly
  992  basis for all invoices submitted by the charter school for
  993  federal funds available to the sponsor for the benefit of the
  994  charter school, the charter school’s students, and the charter
  995  school’s students as public school students in the school
  996  district. Such federal funds include, but are not limited to,
  997  Title I, Title II, and Individuals with Disabilities Education
  998  Act (IDEA) funds. To receive timely reimbursement for an
  999  invoice, the charter school must submit the invoice to the
 1000  sponsor at least 30 days before the monthly date of
 1001  reimbursement set by the sponsor. In order to be reimbursed, any
 1002  expenditures made by the charter school must comply with all
 1003  applicable state rules and federal regulations, including, but
 1004  not limited to, the applicable federal Office of Management and
 1005  Budget Circulars; the federal Education Department General
 1006  Administrative Regulations; and program-specific statutes,
 1007  rules, and regulations. Such funds may not be made available to
 1008  the charter school until a plan is submitted to the sponsor for
 1009  approval of the use of the funds in accordance with applicable
 1010  federal requirements. The sponsor has 30 days to review and
 1011  approve any plan submitted pursuant to this paragraph.
 1012         (d) Charter schools shall be included by the Department of
 1013  Education and the district school board in requests for federal
 1014  stimulus funds in the same manner as district school board
 1015  operated public schools, including Title I and IDEA funds and
 1016  shall be entitled to receive such funds. Charter schools are
 1017  eligible to participate in federal competitive grants that are
 1018  available as part of the federal stimulus funds.
 1019         (e) Sponsors District school boards shall make timely and
 1020  efficient payment and reimbursement to charter schools,
 1021  including processing paperwork required to access special state
 1022  and federal funding for which they may be eligible. Payments of
 1023  funds under paragraph (b) shall be made monthly or twice a
 1024  month, beginning with the start of the sponsor’s district school
 1025  board’s fiscal year. Each payment shall be one-twelfth, or one
 1026  twenty-fourth, as applicable, of the total state and local funds
 1027  described in paragraph (b) and adjusted as set forth therein.
 1028  For the first 2 years of a charter school’s operation, if a
 1029  minimum of 75 percent of the projected enrollment is entered
 1030  into the sponsor’s student information system by the first day
 1031  of the current month, the sponsor district school board shall
 1032  distribute funds to the school for the months of July through
 1033  October based on the projected full-time equivalent student
 1034  membership of the charter school as submitted in the approved
 1035  application. If less than 75 percent of the projected enrollment
 1036  is entered into the sponsor’s student information system by the
 1037  first day of the current month, the sponsor shall base payments
 1038  on the actual number of student enrollment entered into the
 1039  sponsor’s student information system. Thereafter, the results of
 1040  full-time equivalent student membership surveys shall be used in
 1041  adjusting the amount of funds distributed monthly to the charter
 1042  school for the remainder of the fiscal year. The payments shall
 1043  be issued no later than 10 working days after the sponsor
 1044  district school board receives a distribution of state or
 1045  federal funds or the date the payment is due pursuant to this
 1046  subsection. If a warrant for payment is not issued within 10
 1047  working days after receipt of funding by the sponsor district
 1048  school board, the sponsor school district shall pay to the
 1049  charter school, in addition to the amount of the scheduled
 1050  disbursement, interest at a rate of 1 percent per month
 1051  calculated on a daily basis on the unpaid balance from the
 1052  expiration of the 10 working days until such time as the warrant
 1053  is issued. The district school board may not delay payment to a
 1054  charter school of any portion of the funds provided in paragraph
 1055  (b) based on the timing of receipt of local funds by the
 1056  district school board.
 1057         (f) Funding for a virtual charter school shall be as
 1058  provided in s. 1002.45(7).
 1059         (g) To be eligible for public education capital outlay
 1060  (PECO) funds, a charter school must be located in the State of
 1061  Florida.
 1062         (h) A charter school that implements a schoolwide standard
 1063  student attire policy pursuant to s. 1011.78 is eligible to
 1064  receive incentive payments.
 1065         (18) FACILITIES.—
 1066         (e) If a district school board facility or property is
 1067  available because it is surplus, marked for disposal, or
 1068  otherwise unused, it shall be provided for a charter school’s
 1069  use on the same basis as it is made available to other public
 1070  schools in the district. A charter school receiving property
 1071  from the sponsor school district may not sell or dispose of such
 1072  property without written permission of the sponsor school
 1073  district. Similarly, for an existing public school converting to
 1074  charter status, no rental or leasing fee for the existing
 1075  facility or for the property normally inventoried to the
 1076  conversion school may be charged by the district school board to
 1077  the parents and teachers organizing the charter school. The
 1078  charter school shall agree to reasonable maintenance provisions
 1079  in order to maintain the facility in a manner similar to
 1080  district school board standards. The Public Education Capital
 1081  Outlay maintenance funds or any other maintenance funds
 1082  generated by the facility operated as a conversion school shall
 1083  remain with the conversion school.
 1084         (20) SERVICES.—
 1085         (a)1. A sponsor shall provide certain administrative and
 1086  educational services to charter schools. These services shall
 1087  include contract management services; full-time equivalent and
 1088  data reporting services; exceptional student education
 1089  administration services; services related to eligibility and
 1090  reporting duties required to ensure that school lunch services
 1091  under the National School Lunch Program, consistent with the
 1092  needs of the charter school, are provided by the sponsor school
 1093  district at the request of the charter school, that any funds
 1094  due to the charter school under the National School Lunch
 1095  Program be paid to the charter school as soon as the charter
 1096  school begins serving food under the National School Lunch
 1097  Program, and that the charter school is paid at the same time
 1098  and in the same manner under the National School Lunch Program
 1099  as other public schools serviced by the sponsor or the school
 1100  district; test administration services, including payment of the
 1101  costs of state-required or district-required student
 1102  assessments; processing of teacher certificate data services;
 1103  and information services, including equal access to the
 1104  sponsor’s student information systems that are used by public
 1105  schools in the district in which the charter school is located
 1106  or by schools in the sponsor’s portfolio of charter schools if
 1107  the sponsor is not a school district. Student performance data
 1108  for each student in a charter school, including, but not limited
 1109  to, FCAT scores, standardized test scores, previous public
 1110  school student report cards, and student performance measures,
 1111  shall be provided by the sponsor to a charter school in the same
 1112  manner provided to other public schools in the district or by
 1113  schools in the sponsor’s portfolio of charter schools if the
 1114  sponsor is not a school district.
 1115         2. A sponsor may withhold an administrative fee for the
 1116  provision of such services which shall be a percentage of the
 1117  available funds defined in paragraph (17)(b) calculated based on
 1118  weighted full-time equivalent students. If the charter school
 1119  serves 75 percent or more exceptional education students as
 1120  defined in s. 1003.01(3), the percentage shall be calculated
 1121  based on unweighted full-time equivalent students. The
 1122  administrative fee shall be calculated as follows:
 1123         a. Up to 5 percent for:
 1124         (I) Enrollment of up to and including 250 students in a
 1125  charter school as defined in this section.
 1126         (II) Enrollment of up to and including 500 students within
 1127  a charter school system which meets all of the following:
 1128         (A) Includes conversion charter schools and nonconversion
 1129  charter schools.
 1130         (B) Has all of its schools located in the same county.
 1131         (C) Has a total enrollment exceeding the total enrollment
 1132  of at least one school district in this the state.
 1133         (D) Has the same governing board for all of its schools.
 1134         (E) Does not contract with a for-profit service provider
 1135  for management of school operations.
 1136         (III) Enrollment of up to and including 250 students in a
 1137  virtual charter school.
 1138         b. Up to 2 percent for enrollment of up to and including
 1139  250 students in a high-performing charter school as defined in
 1140  s. 1002.331.
 1141         c. Up to 2 percent for enrollment of up to and including
 1142  250 students in an exceptional student education center that
 1143  meets the requirements of the rules adopted by the State Board
 1144  of Education pursuant to s. 1008.3415(3).
 1145         3. A sponsor may not charge charter schools any additional
 1146  fees or surcharges for administrative and educational services
 1147  in addition to the maximum percentage of administrative fees
 1148  withheld pursuant to this paragraph.
 1149         4. A sponsor shall provide to the department by September
 1150  15 of each year the total amount of funding withheld from
 1151  charter schools pursuant to this subsection for the prior fiscal
 1152  year. The department must include the information in the report
 1153  required under sub-sub-subparagraph (5)(b)1.k.(III).
 1154         (b) If goods and services are made available to the charter
 1155  school through the contract with the sponsor school district,
 1156  they shall be provided to the charter school at a rate no
 1157  greater than the sponsor’s district’s actual cost unless
 1158  mutually agreed upon by the charter school and the sponsor in a
 1159  contract negotiated separately from the charter. When mediation
 1160  has failed to resolve disputes over contracted services or
 1161  contractual matters not included in the charter, an appeal may
 1162  be made to an administrative law judge appointed by the Division
 1163  of Administrative Hearings. The administrative law judge has
 1164  final order authority to rule on the dispute. The administrative
 1165  law judge shall award the prevailing party reasonable attorney
 1166  fees and costs incurred during the mediation process,
 1167  administrative proceeding, and any appeals, to be paid by the
 1168  party whom the administrative law judge rules against. To
 1169  maximize the use of state funds, sponsors school districts shall
 1170  allow charter schools to participate in the sponsor’s bulk
 1171  purchasing program if applicable.
 1172         (c) Transportation of charter school students shall be
 1173  provided by the charter school consistent with the requirements
 1174  of subpart I.E. of chapter 1006 and s. 1012.45. The governing
 1175  body of the charter school may provide transportation through an
 1176  agreement or contract with the sponsor district school board, a
 1177  private provider, or parents. The charter school and the sponsor
 1178  shall cooperate in making arrangements that ensure that
 1179  transportation is not a barrier to equal access for all students
 1180  residing within a reasonable distance of the charter school as
 1181  determined in its charter.
 1182         (d) Each charter school shall annually complete and submit
 1183  a survey, provided in a format specified by the Department of
 1184  Education, to rate the timeliness and quality of services
 1185  provided by the sponsor district in accordance with this
 1186  section. The department shall compile the results, by sponsor
 1187  district, and include the results in the report required under
 1188  sub-sub-subparagraph (5)(b)1.k.(III).
 1190         (a) The Department of Education shall provide information
 1191  to the public, directly and through sponsors, on how to form and
 1192  operate a charter school and how to enroll in a charter school
 1193  once it is created. This information shall include the standard
 1194  application form, standard charter contract, standard evaluation
 1195  instrument, and standard charter renewal contract, which shall
 1196  include the information specified in subsection (7) and shall be
 1197  developed by consulting and negotiating with both sponsors
 1198  school districts and charter schools before implementation. The
 1199  charter and charter renewal contracts shall be used by charter
 1200  school sponsors.
 1201         (b)1. The Department of Education shall report to each
 1202  charter school receiving a school grade pursuant to s. 1008.34
 1203  or a school improvement rating pursuant to s. 1008.341 the
 1204  school’s student assessment data.
 1205         2. The charter school shall report the information in
 1206  subparagraph 1. to each parent of a student at the charter
 1207  school, the parent of a child on a waiting list for the charter
 1208  school, the sponsor district in which the charter school is
 1209  located, and the governing board of the charter school. This
 1210  paragraph does not abrogate the provisions of s. 1002.22,
 1211  relating to student records, or the requirements of 20 U.S.C. s.
 1212  1232g, the Family Educational Rights and Privacy Act.
 1215         (a) A charter school system’s governing board shall be
 1216  designated a local educational agency for the purpose of
 1217  receiving federal funds, the same as though the charter school
 1218  system were a school district, if the governing board of the
 1219  charter school system has adopted and filed a resolution with
 1220  its sponsor sponsoring district school board and the Department
 1221  of Education in which the governing board of the charter school
 1222  system accepts the full responsibility for all local education
 1223  agency requirements and the charter school system meets all of
 1224  the following:
 1225         1. Has all schools located in the same county;
 1226         2. Has a total enrollment exceeding the total enrollment of
 1227  at least one school district in this the state; and
 1228         3. Has the same governing board.
 1230  Such designation does not apply to other provisions unless
 1231  specifically provided in law.
 1232         (28) RULEMAKING.—The Department of Education, after
 1233  consultation with sponsors school districts and charter school
 1234  directors, shall recommend that the State Board of Education
 1235  adopt rules to implement specific subsections of this section.
 1236  Such rules shall require minimum paperwork and shall not limit
 1237  charter school flexibility authorized by statute. The State
 1238  Board of Education shall adopt rules, pursuant to ss. 120.536(1)
 1239  and 120.54, to implement a standard charter application form,
 1240  standard application form for the replication of charter schools
 1241  in a high-performing charter school system, standard evaluation
 1242  instrument, and standard charter and charter renewal contracts
 1243  in accordance with this section.
 1244         Section 3. Paragraph (a) of subsection (2) and paragraph
 1245  (b) of subsection (3) of section 1002.331, Florida Statutes, are
 1246  amended to read:
 1247         1002.331 High-performing charter schools.—
 1248         (2) A high-performing charter school is authorized to:
 1249         (a) Increase its student enrollment once per school year to
 1250  more than the capacity identified in the charter, but student
 1251  enrollment may not exceed the capacity of the facility at the
 1252  time the enrollment increase will take effect. Facility capacity
 1253  for purposes of grade level expansion shall include any
 1254  improvements to an existing facility or any new facility in
 1255  which a majority of the students of the high-performing charter
 1256  school will enroll.
 1258  A high-performing charter school shall notify its sponsor in
 1259  writing by March 1 if it intends to increase enrollment or
 1260  expand grade levels the following school year. The written
 1261  notice shall specify the amount of the enrollment increase and
 1262  the grade levels that will be added, as applicable. If a charter
 1263  school notifies the sponsor of its intent to expand, the sponsor
 1264  shall modify the charter within 90 days to include the new
 1265  enrollment maximum and may not make any other changes. The
 1266  sponsor may deny a request to increase the enrollment of a high
 1267  performing charter school if the commissioner has declassified
 1268  the charter school as high-performing. If a high-performing
 1269  charter school requests to consolidate multiple charters, the
 1270  sponsor shall have 40 days after receipt of that request to
 1271  provide an initial draft charter to the charter school. The
 1272  sponsor and charter school shall have 50 days thereafter to
 1273  negotiate and notice the charter contract for final approval by
 1274  the sponsor.
 1275         (3)
 1276         (b) A high-performing charter school may submit not
 1277  establish more than two applications for a charter school to be
 1278  opened schools within this the state under paragraph (a) at a
 1279  time determined by the high-performing charter school in any
 1280  year. A subsequent application to establish a charter school
 1281  under paragraph (a) may not be submitted unless each charter
 1282  school applicant commences operations or an application is
 1283  otherwise withdrawn established in this manner achieves high
 1284  performing charter school status. However, a high-performing
 1285  charter school may establish more than one charter school within
 1286  this the state under paragraph (a) in any year if it operates in
 1287  the area of a persistently low-performing school and serves
 1288  students from that school. This paragraph applies to any high
 1289  performing charter school with an existing approved application.
 1290         Section 4. Paragraph (c) of subsection (1), paragraphs (a),
 1291  (g), and (h) of subsection (6), paragraph (d) of subsection (7),
 1292  and paragraph (b) of subsection (10) of section 1002.333,
 1293  Florida Statutes, are amended to read:
 1294         1002.333 Persistently low-performing schools.—
 1295         (1) DEFINITIONS.—As used in this section, the term:
 1296         (c) “Persistently low-performing school” means a school
 1297  that has earned three grades lower than a “C,” pursuant to s.
 1298  1008.34, in at least 3 of the previous 5 years that the school
 1299  received a grade and has not earned a grade of “B” or higher in
 1300  the most recent 2 school years, and a school that was closed
 1301  pursuant to s. 1008.33(4) within 2 years after the submission of
 1302  a notice of intent.
 1303         (6) STATUTORY AUTHORITY.—
 1304         (a) A school of hope or a nonprofit entity that operates
 1305  more than one school of hope through a performance-based
 1306  agreement with a school district may be designated as a local
 1307  education agency by the department, if requested, for the
 1308  purposes of receiving federal funds and, in doing so, accepts
 1309  the full responsibility for all local education agency
 1310  requirements and the schools for which it will perform local
 1311  education agency responsibilities.
 1312         1. A nonprofit entity designated as a local education
 1313  agency may report its students to the department in accordance
 1314  with the definitions in s. 1011.61 and pursuant to the
 1315  department’s procedures and timelines.
 1316         2. Students enrolled in a school established by a hope
 1317  operator designated as a local educational agency are not
 1318  eligible students for purposes of calculating the district grade
 1319  pursuant to s. 1008.34(5).
 1320         (g) Each school of hope that has not been designated as a
 1321  local education agency shall report its students to the school
 1322  district as required in s. 1011.62, and in accordance with the
 1323  definitions in s. 1011.61. The school district shall include
 1324  each charter school’s enrollment in the district’s report of
 1325  student enrollment. All charter schools submitting student
 1326  record information required by the department shall comply with
 1327  the department’s guidelines for electronic data formats for such
 1328  data, and all districts shall accept electronic data that
 1329  complies with the department’s electronic format.
 1330         (h)1. A school of hope shall provide the school district
 1331  with a concise, uniform, quarterly financial statement summary
 1332  sheet that contains a balance sheet and a statement of revenue,
 1333  expenditures, and changes in fund balance. The balance sheet and
 1334  the statement of revenue, expenditures, and changes in fund
 1335  balance shall be in the governmental fund format prescribed by
 1336  the Governmental Accounting Standards Board. Additionally, a
 1337  school of hope shall comply with the annual audit requirement
 1338  for charter schools in s. 218.39.
 1339         2. A school of hope is in compliance with subparagraph 1.
 1340  if it is operated by a nonprofit entity designated as a local
 1341  education agency and if the nonprofit submits to each school
 1342  district in which it operates a school of hope:
 1343         a. A concise, uniform, quarterly financial statement
 1344  summary sheet that contains a balance sheet summarizing the
 1345  revenue, expenditures, and changes in fund balance for the
 1346  entity and for its schools of hope within the school district.
 1347         b. An annual financial audit of the nonprofit that includes
 1348  all schools of hope it operates within this state and that
 1349  complies with s. 218.39 regarding audits of a school board.
 1350         (7) FACILITIES.—
 1351         (d) No later than January October 1, the department each
 1352  school district shall annually provide to school districts the
 1353  Department of Education a list of all underused, vacant, or
 1354  surplus facilities owned or operated by the school district as
 1355  reported in the Florida Inventory of School Houses. A school
 1356  district may provide evidence to the department that the list
 1357  contains errors or omissions within 30 days after receipt of the
 1358  list. By each April 1, the department shall update and publish a
 1359  final list of all underused, vacant, or surplus facilities owned
 1360  or operated by each school district, based upon updated
 1361  information provided by each school district. A hope operator
 1362  establishing a school of hope may use an educational facility
 1363  identified in this paragraph at no cost or at a mutually
 1364  agreeable cost not to exceed $600 per student. A hope operator
 1365  using a facility pursuant to this paragraph may not sell or
 1366  dispose of such facility without the written permission of the
 1367  school district. For purposes of this paragraph, the term
 1368  “underused, vacant, or surplus facility” means an entire
 1369  facility or portion thereof which is not fully used or is used
 1370  irregularly or intermittently by the school district for
 1371  instructional or program use.
 1372         (10) SCHOOLS OF HOPE PROGRAM.—The Schools of Hope Program
 1373  is created within the Department of Education.
 1374         (b) Notwithstanding s. 216.301 and pursuant to s. 216.351,
 1375  funds allocated for the purpose of this subsection which are not
 1376  disbursed by June 30 of the fiscal year in which the funds are
 1377  allocated may be carried forward for up to 7 5 years after the
 1378  effective date of the original appropriation.
 1379         Section 5. Paragraph (d) of subsection (1) of section
 1380  1002.45, Florida Statutes, is amended to read:
 1381         1002.45 Virtual instruction programs.—
 1382         (1) PROGRAM.—
 1383         (d) A virtual charter school may provide full-time or part
 1384  time virtual instruction for students in kindergarten through
 1385  grade 12 if the virtual charter school has a charter approved
 1386  pursuant to s. 1002.33 authorizing full-time virtual
 1387  instruction. A virtual charter school may:
 1388         1. Contract with the Florida Virtual School.
 1389         2. Contract with or be an approved provider under
 1390  subsection (2).
 1391         3. Contract with any public school or charter school Enter
 1392  into an agreement with a school district to allow the
 1393  participation of the virtual charter school’s students in
 1394  courses that the virtual school is unable to provide the school
 1395  district’s virtual instruction program. The agreement must
 1396  indicate a process for reporting of student enrollment and the
 1397  transfer of funds required by paragraph (7)(e).
 1398         Section 6. Paragraph (a) of subsection (1) of section
 1399  1003.493, Florida Statutes, is amended to read:
 1400         1003.493 Career and professional academies and career
 1401  themed courses.—
 1402         (1)(a) A “career and professional academy” is a research
 1403  based program that integrates a rigorous academic curriculum
 1404  with an industry-specific curriculum aligned directly to
 1405  priority workforce needs established by the local workforce
 1406  development board or the Department of Economic Opportunity.
 1407  Career and professional academies shall be offered by public
 1408  schools and school districts. Career and professional academies
 1409  may be offered by charter schools. The Florida Virtual School is
 1410  encouraged to develop and offer rigorous career and professional
 1411  courses as appropriate. Students completing career and
 1412  professional academy programs must receive a standard high
 1413  school diploma, the highest available industry certification,
 1414  and opportunities to earn postsecondary credit if the academy
 1415  partners with a postsecondary institution approved to operate in
 1416  the state.
 1417         Section 7. Present subsection (3) of section 1008.3415,
 1418  Florida Statutes, is redesignated as subsection (4), and a new
 1419  subsection (3) is added to that section, to read:
 1420         1008.3415 School grade or school improvement rating for
 1421  exceptional student education centers.—
 1422         (3) The Commissioner of Education, upon request by a
 1423  charter school that is an exceptional student education center
 1424  and that has received two consecutive ratings of “maintaining”
 1425  or higher pursuant to s. 1008.341(2), shall provide a letter to
 1426  the charter school and to the charter school’s sponsor stating
 1427  that the charter school may replicate its educational program in
 1428  the same manner as a high-performing charter school under s.
 1429  1002.331(3).
 1430         Section 8. Subsection (2) of section 1012.32, Florida
 1431  Statutes, is amended to read:
 1432         1012.32 Qualifications of personnel.—
 1433         (2)(a) Instructional and noninstructional personnel who are
 1434  hired or contracted to fill positions that require direct
 1435  contact with students in any district school system or
 1436  university lab school must, upon employment or engagement to
 1437  provide services, undergo background screening as required under
 1438  s. 1012.465 or s. 1012.56, whichever is applicable.
 1439         (b)1. Instructional and noninstructional personnel who are
 1440  hired or contracted to fill positions in a any charter school
 1441  other than a school of hope as defined in s. 1002.333, and
 1442  members of the governing board of such any charter school, in
 1443  compliance with s. 1002.33(12)(g), must, upon employment,
 1444  engagement of services, or appointment, shall undergo background
 1445  screening as required under s. 1012.465 or s. 1012.56, whichever
 1446  is applicable, by filing with the district school board for the
 1447  school district in which the charter school is located a
 1448  complete set of fingerprints taken by an authorized law
 1449  enforcement agency or an employee of the school or school
 1450  district who is trained to take fingerprints.
 1451         2. Instructional and noninstructional personnel who are
 1452  hired or contracted to fill positions in a school of hope as
 1453  defined in s. 1002.333, and members of the governing board of
 1454  such school of hope, shall file with the school of hope a
 1455  complete set of fingerprints taken by an authorized law
 1456  enforcement agency, by an employee of the school of hope or
 1457  school district who is trained to take fingerprints, or by any
 1458  other entity recognized by the Department of Law Enforcement to
 1459  take fingerprints.
 1460         (c) Instructional and noninstructional personnel who are
 1461  hired or contracted to fill positions that require direct
 1462  contact with students in an alternative school that operates
 1463  under contract with a district school system must, upon
 1464  employment or engagement to provide services, undergo background
 1465  screening as required under s. 1012.465 or s. 1012.56, whichever
 1466  is applicable, by filing with the district school board for the
 1467  school district to which the alternative school is under
 1468  contract a complete set of fingerprints taken by an authorized
 1469  law enforcement agency or an employee of the school or school
 1470  district who is trained to take fingerprints.
 1471         (d) Student teachers and persons participating in a field
 1472  experience pursuant to s. 1004.04(5) or s. 1004.85 in any
 1473  district school system, lab school, or charter school must, upon
 1474  engagement to provide services, undergo background screening as
 1475  required under s. 1012.56.
 1477  Required fingerprints must shall be submitted to the Department
 1478  of Law Enforcement for statewide criminal and juvenile records
 1479  checks and to the Federal Bureau of Investigation for federal
 1480  criminal records checks. A person subject to this subsection who
 1481  is found ineligible for employment under s. 1012.315, or
 1482  otherwise found through background screening to have been
 1483  convicted of any crime involving moral turpitude as defined by
 1484  rule of the State Board of Education, shall not be employed,
 1485  engaged to provide services, or serve in any position that
 1486  requires direct contact with students. Probationary persons
 1487  subject to this subsection terminated because of their criminal
 1488  record have the right to appeal such decisions. The cost of the
 1489  background screening may be borne by the district school board,
 1490  the charter school, the employee, the contractor, or a person
 1491  subject to this subsection. A district school board shall
 1492  reimburse a charter school the cost of background screening if
 1493  it does not notify the charter school of the eligibility of a
 1494  governing board member or instructional or noninstructional
 1495  personnel within the earlier of 14 days after receipt of the
 1496  background screening results from the Florida Department of Law
 1497  Enforcement or 30 days of submission of fingerprints by the
 1498  governing board member or instructional or noninstructional
 1499  personnel.
 1500         Section 9. Paragraph (a) of subsection (1) of section
 1501  1013.62, Florida Statutes, is amended to read:
 1502         1013.62 Charter schools capital outlay funding.—
 1503         (1) For the 2020-2021 fiscal year, charter school capital
 1504  outlay funding shall consist of state funds appropriated in the
 1505  2020-2021 General Appropriations Act. Beginning in fiscal year
 1506  2021-2022, charter school capital outlay funding shall consist
 1507  of state funds when such funds are appropriated in the General
 1508  Appropriations Act and revenue resulting from the discretionary
 1509  millage authorized in s. 1011.71(2) if the amount of state funds
 1510  appropriated for charter school capital outlay in any fiscal
 1511  year is less than the average charter school capital outlay
 1512  funds per unweighted full-time equivalent student for the 2018
 1513  2019 fiscal year, multiplied by the estimated number of charter
 1514  school students for the applicable fiscal year, and adjusted by
 1515  changes in the Consumer Price Index issued by the United States
 1516  Department of Labor from the previous fiscal year. Nothing in
 1517  this subsection prohibits a school district from distributing to
 1518  charter schools funds resulting from the discretionary millage
 1519  authorized in s. 1011.71(2).
 1520         (a) To be eligible to receive capital outlay funds, a
 1521  charter school must:
 1522         1.a. Have been in operation for 2 or more years;
 1523         b. Be governed by a governing board established in the
 1524  state for 2 or more years which operates both charter schools
 1525  and conversion charter schools within the state;
 1526         c. Be an expanded feeder chain of a charter school within
 1527  the same school district that is currently receiving charter
 1528  school capital outlay funds;
 1529         d. Have been accredited by a regional accrediting
 1530  association as defined by State Board of Education rule; or
 1531         e. Serve students in facilities that are provided by a
 1532  business partner for a charter school-in-the-workplace pursuant
 1533  to s. 1002.33(15)(b); or
 1534         f. Be operated by a hope operator pursuant to s. 1002.333.
 1535         2. Have an annual audit that does not reveal any of the
 1536  financial emergency conditions provided in s. 218.503(1) for the
 1537  most recent fiscal year for which such audit results are
 1538  available.
 1539         3. Have satisfactory student achievement based on state
 1540  accountability standards applicable to the charter school.
 1541         4. Have received final approval from its sponsor pursuant
 1542  to s. 1002.33 for operation during that fiscal year.
 1543         5. Serve students in facilities that are not provided by
 1544  the charter school’s sponsor.
 1545         Section 10. If any provision of this act or its application
 1546  to any person or circumstance is held invalid, the invalidity
 1547  does not affect other provisions or applications of the act
 1548  which can be given effect without the invalid provision or
 1549  application, and to this end the provisions of this act are
 1550  severable.
 1551         Section 11. This act shall take effect July 1, 2021.
 1553  ================= T I T L E  A M E N D M E N T ================
 1554  And the title is amended as follows:
 1555         Delete everything before the enacting clause
 1556  and insert:
 1557                        A bill to be entitled                      
 1558         An act relating to charter schools; amending s.
 1559         1002.32, F.S.; providing that the limitation on lab
 1560         schools does not apply to a school serving a military
 1561         installation; removing a limitation on lab schools
 1562         receiving a share of the sparsity supplement; amending
 1563         s. 1002.33, F.S.; authorizing state universities and
 1564         Florida College System institutions to solicit
 1565         applications and sponsor charter schools under certain
 1566         circumstances; prohibiting certain charter schools
 1567         from being sponsored by a Florida College System
 1568         institution until such charter school’s existing
 1569         charter expires; authorizing a state university or
 1570         Florida College System institution to, at its
 1571         discretion, deny an application for a charter school;
 1572         revising the contents of an annual report that charter
 1573         school sponsors must provide to the Department of
 1574         Education; revising the date by which the department
 1575         must post a specified annual report; revising
 1576         provisions relating to Florida College System
 1577         institutions that are operating charter schools;
 1578         requiring the board of trustees of a state university
 1579         or Florida College System institution that is
 1580         sponsoring a charter school to serve as the local
 1581         educational agency for such school; prohibiting
 1582         certain charter school students from being included in
 1583         specified school district grade calculations;
 1584         requiring the department to develop a sponsor
 1585         evaluation framework; providing requirements for the
 1586         framework; requiring the department to compile results
 1587         in a specified manner; deleting obsolete language;
 1588         revising requirements for the charter school
 1589         application process; authorizing certain parties to
 1590         file an action with the Division of Administrative
 1591         Hearings to recover specified fees and costs;
 1592         requiring the State Board of Education to withhold
 1593         state funds from a district school board that is in
 1594         violation of a state board decision on a charter
 1595         school; authorizing parties to appeal without first
 1596         mediating in certain circumstances; providing that
 1597         certain changes to curriculum are deemed approved;
 1598         providing an exception; revising the circumstances in
 1599         which a charter may be immediately terminated;
 1600         providing that certain information must be provided to
 1601         specified entities upon immediate termination of a
 1602         charter; authorizing the of award specified fees and
 1603         costs in certain circumstances; authorizing a sponsor
 1604         to seek an injunction in certain circumstances;
 1605         revising provisions related to sponsor assumption of
 1606         operation; revising the student populations for which
 1607         a charter school is authorized to limit the enrollment
 1608         process; providing a calculation for the operational
 1609         funding for a charter school sponsored by a state
 1610         university or Florida College System institution;
 1611         requiring the department to develop a tool for state
 1612         universities and Florida College System institutions
 1613         for specified purposes relating to certain funding
 1614         calculations; providing that such funding must be
 1615         appropriated to the charter school; providing for
 1616         capital outlay funding for such schools; authorizing a
 1617         sponsor to withhold an administrative fee for the
 1618         provision of certain services to an exceptional
 1619         student education center that meets specified
 1620         requirements; conforming provisions to changes made by
 1621         the act; amending s. 1002.331, F.S.; revising a
 1622         limitation on the expansion of high-performing charter
 1623         schools; revising provisions relating to the opening
 1624         of additional high-performing charter schools;
 1625         amending s. 1002.333, F.S.; revising the definition of
 1626         the term “persistently low-performing school”;
 1627         providing that certain nonprofit entities may be
 1628         designated as a local education agency; providing that
 1629         certain entities report students to the department in
 1630         a specified manner; specifying reporting provisions
 1631         that apply only to certain schools of hope; providing
 1632         that schools of hope may comply with certain financial
 1633         reporting in a specified manner; revising the manner
 1634         in which underused, vacant, or surplus facilities
 1635         owned or operated by school districts are identified;
 1636         increasing the number of years for which certain funds
 1637         may be carried forward; amending s. 1002.45, F.S.;
 1638         authorizing a virtual charter school to provide part
 1639         time virtual instruction and be an approved provider;
 1640         authorizing a virtual charter school to contract,
 1641         rather than enter into an agreement, with a public or
 1642         charter school for specified purposes; amending s.
 1643         1003.493, F.S.; authorizing a charter school to offer
 1644         a career and professional academy; amending s.
 1645         1008.3415, F.S.; requiring the Commissioner of
 1646         Education, upon request by a charter school that meets
 1647         specified criteria, to provide a letter to the charter
 1648         school and the charter school’s sponsor authorizing
 1649         the charter school to replicate the charter school’s
 1650         education program; amending s. 1012.32, F.S.;
 1651         providing an alternate screening method for specified
 1652         persons employed by certain schools of hope or serving
 1653         on certain school of hope governing boards; amending
 1654         s. 1013.62, F.S.; expanding eligibility to receive
 1655         capital outlay funds to schools of hope operated by a
 1656         hope operator; providing for severability; providing
 1657         an effective date.