CS for CS for SB 1028                           Second Engrossed
    1                        A bill to be entitled                      
    2         An act relating to education; amending s. 1001.43,
    3         F.S.; authorizing members of certain committees of a
    4         district school board to attend meetings in person or
    5         through the use of telecommunications networks;
    6         amending s. 1002.32, F.S.; providing that the
    7         limitation on lab schools does not apply to a school
    8         serving a military installation; amending s. 1002.321,
    9         F.S.; conforming a provision to changes made by the
   10         act; amending s. 1002.33, F.S.; authorizing state
   11         universities and Florida College System institutions
   12         to solicit applications and sponsor charter schools
   13         under certain circumstances; prohibiting certain
   14         charter schools from being sponsored by a Florida
   15         College System institution until such charter schools’
   16         existing charter expires; authorizing a state
   17         university or Florida College System institution to,
   18         at its discretion, deny an application for a charter
   19         school; revising the contents of an annual report that
   20         charter school sponsors must provide to the Department
   21         of Education; revising the date by which the
   22         department must post a specified annual report;
   23         revising provisions relating to Florida College System
   24         institutions that are operating charter schools;
   25         prohibiting certain interlocal agreements; requiring
   26         the board of trustees of a state university or Florida
   27         College System institution that is sponsoring a
   28         charter school to serve as the local educational
   29         agency for such school; prohibiting certain charter
   30         school students from being included in specified
   31         school district grade calculations; requiring the
   32         department to develop a sponsor evaluation framework;
   33         providing requirements for the framework; requiring
   34         the department to compile results in a specified
   35         manner; deleting obsolete language; revising
   36         requirements for the charter school application
   37         process; requiring certain school districts to reduce
   38         administrative fees withheld; requiring such school
   39         districts to file monthly reports; authorizing school
   40         districts to resume withholding the full amount of
   41         administrative fees under specified circumstance;
   42         authorizing certain charter schools to recover
   43         attorney fees and costs; requiring the State Board of
   44         Education to withhold state funds from a district
   45         school board that is in violation of a state board
   46         decision on a charter school; authorizing parties to
   47         appeal without first mediating in certain
   48         circumstances; providing that certain changes to
   49         curriculum are deemed approved; providing an
   50         exception; revising the circumstances in which a
   51         charter may be immediately terminated; providing that
   52         certain information must be provided to specified
   53         entities upon immediate termination of a charter;
   54         authorizing the award of specified fees and costs in
   55         certain circumstances; authorizing a sponsor to seek
   56         an injunction in certain circumstances; revising
   57         provisions related to sponsor assumption of operation;
   58         revising the student populations for which a charter
   59         school is authorized to limit the enrollment process;
   60         providing a calculation for the operational funding
   61         for a charter school sponsored by a state university
   62         or Florida College System institution; requiring the
   63         department to develop a tool for state universities
   64         and Florida College System institutions for specified
   65         purposes relating to certain funding calculations;
   66         providing that such funding must be appropriated to
   67         the charter school; providing for capital outlay
   68         funding for such schools; authorizing a sponsor to
   69         withhold an administrative fee for the provision of
   70         certain services to an exceptional student education
   71         center that meets specified requirements; conforming
   72         provisions to changes made by the act; amending s.
   73         1002.331, F.S.; revising requirements for a charter
   74         school to be a high-performing charter school;
   75         revising a limitation on the expansion of high
   76         performing charter schools; revising provisions
   77         relating to the opening of additional high-performing
   78         charter schools; amending s. 1002.333, F.S.; revising
   79         the definition of the term “persistently low
   80         performing school”; providing that certain nonprofit
   81         entities may be designated as a local education
   82         agency; providing that certain entities report
   83         students to the department in a specified manner;
   84         specifying reporting provisions that apply only to
   85         certain schools of hope; providing that schools of
   86         hope may comply with certain financial reporting in a
   87         specified manner; revising the manner in which
   88         underused, vacant, or surplus facilities owned or
   89         operated by school districts are identified;
   90         authorizing a nonprofit entity designated as a local
   91         education agency to use any capital assets identified
   92         in a certain annual financial audit for another school
   93         of hope operated by the local education agency within
   94         the same district; amending s. 1002.45, F.S.;
   95         authorizing a virtual charter school to provide part
   96         time virtual instruction; amending s. 1002.455, F.S.;
   97         conforming a provision to changes made by the act;
   98         creating s. 1003.225, F.S.; defining the term “water
   99         safety”; requiring public schools to provide specified
  100         information to certain parents or students; amending
  101         s. 1003.493, F.S.; authorizing a charter school to
  102         offer a career and professional academy; amending s.
  103         1003.621, F.S.; authorizing academically high
  104         performing school districts to provide up to 2 days of
  105         virtual instruction; specifying requirements for such
  106         virtual instruction to comply with a specified
  107         provision; creating s. 1006.205, F.S.; providing a
  108         short title; providing legislative intent; requiring
  109         that certain athletic teams or sports sponsored by
  110         certain educational institutions be designated on the
  111         basis of students’ biological sex at birth;
  112         authorizing athletic teams or sports designated for
  113         male students to be open to female students;
  114         prohibiting athletic teams or sports designated for
  115         female students to be open to male students; providing
  116         civil remedies for students and educational
  117         institutions for certain violations of this section;
  118         providing a statute of limitation; providing for
  119         damages; amending s. 1008.3415, F.S.; requiring the
  120         Commissioner of Education, upon request by a charter
  121         school that meets specified criteria, to provide a
  122         letter to the charter school and the charter school’s
  123         sponsor authorizing the charter school to replicate
  124         its educational program; amending s. 1009.30, F.S.;
  125         specifying reimbursement for specified educational
  126         institutions; amending s. 1009.52, F.S.; revising the
  127         eligibility requirements for Florida postsecondary
  128         student assistance grants; amending s. 1012.32, F.S.;
  129         providing an alternate screening method for specified
  130         persons employed by certain schools of hope or serving
  131         on certain school of hope governing boards; amending
  132         s. 1013.62, F.S.; expanding eligibility to receive
  133         capital outlay funds to schools of hope operated by a
  134         hope operator; authorizing a parent or guardian to
  135         request that his or her K-5 student be retained in a
  136         grade level for academic reasons for a specified
  137         school year; requiring that such a request be
  138         submitted in a specified manner; requiring school
  139         principals to consider such requests if they are
  140         timely received; authorizing school principals to
  141         consider requests that are not timely received;
  142         requiring a school principal who considers a request
  143         for retention to inform the student’s teachers of the
  144         request and collaboratively discuss with the parent or
  145         guardian any basis for agreement or disagreement with
  146         the request; requiring such discussion to disclose
  147         that retention may impact the student’s eligibility to
  148         participate in high school interscholastic or
  149         intrascholastic sports; authorizing the principal,
  150         teachers, and parent or guardian to collaborate to
  151         develop a customized 1-year education plan for the
  152         student in lieu of retaining the student; requiring a
  153         parent’s or guardian’s decision regarding retention to
  154         control; requiring the individual education plan (IEP)
  155         team for a retained student to review and revise the
  156         student’s IEP, as appropriate; requiring school
  157         districts to report certain data to the Department of
  158         Education by a specified date; providing for
  159         severability; amending chapter 2020-28, Laws of
  160         Florida; delaying the effective date of provisions
  161         governing intercollegiate athlete compensation and
  162         rights; providing a contingent effect; providing
  163         effective dates.
  165  Be It Enacted by the Legislature of the State of Florida:
  167         Section 1. Subsection (10) of section 1001.43, Florida
  168  Statutes, is amended to read:
  169         1001.43 Supplemental powers and duties of district school
  170  board.—The district school board may exercise the following
  171  supplemental powers and duties as authorized by this code or
  172  State Board of Education rule.
  174  district school board may adopt policies and procedures
  175  necessary for the daily business operation of the district
  176  school board, including, but not limited to, the provision of
  177  legal services for the district school board; conducting a
  178  district legislative program; district school board member
  179  participation at conferences, conventions, and workshops,
  180  including member compensation and reimbursement for expenses;
  181  district school board policy development, adoption, and repeal;
  182  district school board meeting procedures, including
  183  participation via telecommunications networks, use of technology
  184  at meetings, and presentations by nondistrict personnel; citizen
  185  communications with the district school board and with
  186  individual district school board members; collaboration with
  187  local government and other entities as required by law; and
  188  organization of the district school board, including special
  189  committees and advisory committees. Members of special
  190  committees and advisory committees may attend meetings in person
  191  or through the use of telecommunications networks such as
  192  telephonic and video conferencing.
  193         Section 2. Subsection (2) of section 1002.32, Florida
  194  Statutes, is amended to read:
  195         1002.32 Developmental research (laboratory) schools.—
  196         (2) ESTABLISHMENT.—There is established a category of
  197  public schools to be known as developmental research
  198  (laboratory) schools (lab schools). Each lab school shall
  199  provide sequential instruction and shall be affiliated with the
  200  college of education within the state university of closest
  201  geographic proximity. A lab school to which a charter has been
  202  issued under s. 1002.33(5)(a)2. must be affiliated with the
  203  college of education within the state university that issued the
  204  charter, but is not subject to the requirement that the state
  205  university be of closest geographic proximity. For the purpose
  206  of state funding, Florida Agricultural and Mechanical
  207  University, Florida Atlantic University, Florida State
  208  University, the University of Florida, and other universities
  209  approved by the State Board of Education and the Legislature are
  210  authorized to sponsor a lab school. The limitation of one lab
  211  school per university shall not apply to the following
  212  legislatively allowed charter lab schools authorized prior to
  213  June 1, 2003: Florida State University Charter Lab K-12 School
  214  in Broward County, Florida Atlantic University Charter Lab K-12
  215  9-12 High School in Palm Beach County, and Florida Atlantic
  216  University Charter Lab K-12 School in St. Lucie County. The
  217  limitation of one lab school per university does not apply to a
  218  university that establishes a lab school to serve families of a
  219  military installation that is within the same county as a branch
  220  campus that offers programs from the university’s college of
  221  education.
  222         Section 3. Paragraph (d) of subsection (4) of section
  223  1002.321, Florida Statutes, is amended to read:
  224         1002.321 Digital learning.—
  225         (4) CUSTOMIZED AND ACCELERATED LEARNING.—A school district
  226  must establish multiple opportunities for student participation
  227  in part-time and full-time kindergarten through grade 12 virtual
  228  instruction. Options include, but are not limited to:
  229         (d) Full-time Virtual charter school instruction authorized
  230  under s. 1002.33.
  231         Section 4. Subsection (1), paragraph (c) of subsection (2),
  232  subsection (5), paragraphs (b) and (d) of subsection (6),
  233  paragraphs (a), (b), and (d) of subsection (7), paragraphs (c),
  234  (d), and (e) of subsection (8), paragraphs (g) and (n) of
  235  subsection (9), paragraphs (d) and (e) of subsection (10),
  236  subsection (14), paragraph (c) of subsection (15), subsection
  237  (17), paragraph (e) of subsection (18), subsections (20) and
  238  (21), paragraph (a) of subsection (25), and subsection (28) of
  239  section 1002.33, Florida Statutes, are amended to read:
  240         1002.33 Charter schools.—
  241         (1) AUTHORIZATION.—All charter schools in Florida are
  242  public schools and shall be part of the state’s program of
  243  public education. A charter school may be formed by creating a
  244  new school or converting an existing public school to charter
  245  status. A charter school may operate a virtual charter school
  246  pursuant to s. 1002.45(1)(d) to provide full-time online
  247  instruction to students, pursuant to s. 1002.455, in
  248  kindergarten through grade 12. The school district in which the
  249  student enrolls in the virtual charter school shall report the
  250  student for funding pursuant to s. 1011.61(1)(c)1.b.(VI), and
  251  the home school district shall not report the student for
  252  funding. An existing charter school that is seeking to become a
  253  virtual charter school must amend its charter or submit a new
  254  application pursuant to subsection (6) to become a virtual
  255  charter school. A virtual charter school is subject to the
  256  requirements of this section; however, a virtual charter school
  257  is exempt from subsections (18) and (19), paragraph (20)(c), and
  258  s. 1003.03. A public school may not use the term charter in its
  259  name unless it has been approved under this section.
  261         (c) Charter schools may fulfill the following purposes:
  262         1. Create innovative measurement tools.
  263         2. Provide rigorous competition within the public school
  264  system district to stimulate continual improvement in all public
  265  schools.
  266         3. Expand the capacity of the public school system.
  267         4. Mitigate the educational impact created by the
  268  development of new residential dwelling units.
  269         5. Create new professional opportunities for teachers,
  270  including ownership of the learning program at the school site.
  271         (5) SPONSOR; DUTIES.—
  272         (a) Sponsoring entities.—
  273         1. A district school board may sponsor a charter school in
  274  the county over which the district school board has
  275  jurisdiction.
  276         2. A state university may grant a charter to a lab school
  277  created under s. 1002.32 and shall be considered to be the
  278  school’s sponsor. Such school shall be considered a charter lab
  279  school.
  280         3.Because needs relating to educational capacity,
  281  workforce qualifications, and career education opportunities are
  282  constantly changing and extend beyond school district
  283  boundaries:
  284         a.A state university may, upon approval by the Department
  285  of Education, solicit applications and sponsor a charter school
  286  to meet regional education or workforce demands by serving
  287  students from multiple school districts.
  288         b.A Florida College System institution may, upon approval
  289  by the Department of Education, solicit applications and sponsor
  290  a charter school in any county within its service area to meet
  291  workforce demands and may offer postsecondary programs leading
  292  to industry certifications to eligible charter school students.
  293  A charter school established under subparagraph (b)4. may not be
  294  sponsored by a Florida College System institution until its
  295  existing charter with the school district expires as provided
  296  under subsection (7).
  297         c.Notwithstanding paragraph (6)(b), a state university or
  298  Florida College System institution may, at its discretion, deny
  299  an application for a charter school.
  300         (b) Sponsor duties.—
  301         1.a. The sponsor shall monitor and review the charter
  302  school in its progress toward the goals established in the
  303  charter.
  304         b. The sponsor shall monitor the revenues and expenditures
  305  of the charter school and perform the duties provided in s.
  306  1002.345.
  307         c. The sponsor may approve a charter for a charter school
  308  before the applicant has identified space, equipment, or
  309  personnel, if the applicant indicates approval is necessary for
  310  it to raise working funds.
  311         d. The sponsor shall not apply its policies to a charter
  312  school unless mutually agreed to by both the sponsor and the
  313  charter school. If the sponsor subsequently amends any agreed
  314  upon sponsor policy, the version of the policy in effect at the
  315  time of the execution of the charter, or any subsequent
  316  modification thereof, shall remain in effect and the sponsor may
  317  not hold the charter school responsible for any provision of a
  318  newly revised policy until the revised policy is mutually agreed
  319  upon.
  320         e. The sponsor shall ensure that the charter is innovative
  321  and consistent with the state education goals established by s.
  322  1000.03(5).
  323         f. The sponsor shall ensure that the charter school
  324  participates in the state’s education accountability system. If
  325  a charter school falls short of performance measures included in
  326  the approved charter, the sponsor shall report such shortcomings
  327  to the Department of Education.
  328         g. The sponsor shall not be liable for civil damages under
  329  state law for personal injury, property damage, or death
  330  resulting from an act or omission of an officer, employee,
  331  agent, or governing body of the charter school.
  332         h. The sponsor shall not be liable for civil damages under
  333  state law for any employment actions taken by an officer,
  334  employee, agent, or governing body of the charter school.
  335         i. The sponsor’s duties to monitor the charter school shall
  336  not constitute the basis for a private cause of action.
  337         j. The sponsor shall not impose additional reporting
  338  requirements on a charter school without providing reasonable
  339  and specific justification in writing to the charter school.
  340         k. The sponsor shall submit an annual report to the
  341  Department of Education in a web-based format to be determined
  342  by the department.
  343         (I) The report shall include the following information:
  344         (A) The number of draft applications received on or before
  345  May 1 and each applicant’s contact information.
  346         (B) The number of final applications received during the
  347  school year and up to on or before August 1 and each applicant’s
  348  contact information.
  349         (B)(C) The date each application was approved, denied, or
  350  withdrawn.
  351         (C)(D) The date each final contract was executed.
  352         (II) Annually, by November 1 Beginning August 31, 2013, and
  353  each year thereafter, the sponsor shall submit to the department
  354  the information for the applications submitted the previous
  355  year.
  356         (III) The department shall compile an annual report, by
  357  sponsor district, and post the report on its website by January
  358  15 November 1 of each year.
  359         2. Immunity for the sponsor of a charter school under
  360  subparagraph 1. applies only with respect to acts or omissions
  361  not under the sponsor’s direct authority as described in this
  362  section.
  363         3. This paragraph does not waive a sponsor’s district
  364  school board’s sovereign immunity.
  365         4. A Florida College System institution may work with the
  366  school district or school districts in its designated service
  367  area to develop charter schools that offer secondary education.
  368  These charter schools must include an option for students to
  369  receive an associate degree upon high school graduation. If a
  370  Florida College System institution operates an approved teacher
  371  preparation program under s. 1004.04 or s. 1004.85, the
  372  institution may operate no more than one charter schools school
  373  that serve serves students in kindergarten through grade 12 in
  374  any school district within the service area of the institution.
  375  In kindergarten through grade 8, the charter school shall
  376  implement innovative blended learning instructional models in
  377  which, for a given course, a student learns in part through
  378  online delivery of content and instruction with some element of
  379  student control over time, place, path, or pace and in part at a
  380  supervised brick-and-mortar location away from home. A student
  381  in a blended learning course must be a full-time student of the
  382  charter school and receive the online instruction in a classroom
  383  setting at the charter school. District school boards shall
  384  cooperate with and assist the Florida College System institution
  385  on the charter application. Florida College System institution
  386  applications for charter schools are not subject to the time
  387  deadlines outlined in subsection (6) and may be approved by the
  388  district school board at any time during the year. Florida
  389  College System institutions may not report FTE for any students
  390  participating under this subparagraph who receive FTE funding
  391  through the Florida Education Finance Program.
  392         5. For purposes of assisting the development of a charter
  393  school, a school district may enter into nonexclusive interlocal
  394  agreements with federal and state agencies, counties,
  395  municipalities, and other governmental entities that operate
  396  within the geographical borders of the school district to act on
  397  behalf of such governmental entities in the inspection,
  398  issuance, and other necessary activities for all necessary
  399  permits, licenses, and other permissions that a charter school
  400  needs in order for development, construction, or operation. A
  401  charter school may use, but may not be required to use, a school
  402  district for these services. The interlocal agreement must
  403  include, but need not be limited to, the identification of fees
  404  that charter schools will be charged for such services. The fees
  405  must consist of the governmental entity’s fees plus a fee for
  406  the school district to recover no more than actual costs for
  407  providing such services. These services and fees are not
  408  included within the services to be provided pursuant to
  409  subsection (20). Notwithstanding any other provision of law, an
  410  interlocal agreement between a school district and a federal or
  411  state agency, county, municipality, or other governmental entity
  412  which prohibits or limits the creation of a charter school
  413  within the geographic borders of the school district is void and
  414  unenforceable.
  415         6.The board of trustees of a sponsoring state university
  416  or Florida College System institution under paragraph (a) is the
  417  local educational agency for all charter schools it sponsors for
  418  purposes of receiving federal funds and accepts full
  419  responsibility for all local educational agency requirements and
  420  the schools for which it will perform local educational agency
  421  responsibilities. A student enrolled in a charter school that is
  422  sponsored by a state university or Florida College System
  423  institution may not be included in the calculation of the school
  424  district’s grade under s. 1008.34(5) for the school district in
  425  which he or she resides.
  426         (c)Sponsor accountability.
  427         1.The department shall, in collaboration with charter
  428  school sponsors and charter school operators, develop a sponsor
  429  evaluation framework that must address, at a minimum:
  430         a.The sponsor’s strategic vision for charter school
  431  authorization and the sponsor’s progress toward that vision.
  432         b.The alignment of the sponsor’s policies and practices to
  433  best practices for charter school authorization.
  434         c.The academic and financial performance of all operating
  435  charter schools overseen by the sponsor.
  436         d.The status of charter schools authorized by the sponsor,
  437  including approved, operating, and closed schools.
  438         2.The department shall compile the results by sponsor and
  439  include the results in the report required under sub-sub
  440  subparagraph (b)1.k.(III).
  441         (6) APPLICATION PROCESS AND REVIEW.—Charter school
  442  applications are subject to the following requirements:
  443         (b) A sponsor shall receive and review all applications for
  444  a charter school using the evaluation instrument developed by
  445  the Department of Education. A sponsor shall receive and
  446  consider charter school applications received on or before
  447  August 1 of each calendar year for charter schools to be opened
  448  at the beginning of the school district’s next school year, or
  449  to be opened at a time agreed to by the applicant and the
  450  sponsor. A sponsor may not refuse to receive a charter school
  451  application submitted before August 1 and may receive an
  452  application submitted later than August 1 if it chooses.
  453  Beginning in 2018 and thereafter, A sponsor shall receive and
  454  consider charter school applications received on or before
  455  February 1 of each calendar year for charter schools to be
  456  opened 18 months later at the beginning of the school district’s
  457  school year, or to be opened at a time determined by the
  458  applicant. A sponsor may not refuse to receive a charter school
  459  application submitted before February 1 and may receive an
  460  application submitted later than February 1 if it chooses. A
  461  sponsor may not charge an applicant for a charter any fee for
  462  the processing or consideration of an application, and a sponsor
  463  may not base its consideration or approval of a final
  464  application upon the promise of future payment of any kind.
  465  Before approving or denying any application, the sponsor shall
  466  allow the applicant, upon receipt of written notification, at
  467  least 7 calendar days to make technical or nonsubstantive
  468  corrections and clarifications, including, but not limited to,
  469  corrections of grammatical, typographical, and like errors or
  470  missing signatures, if such errors are identified by the sponsor
  471  as cause to deny the final application.
  472         1. In order to facilitate an accurate budget projection
  473  process, a sponsor shall be held harmless for FTE students who
  474  are not included in the FTE projection due to approval of
  475  charter school applications after the FTE projection deadline.
  476  In a further effort to facilitate an accurate budget projection,
  477  within 15 calendar days after receipt of a charter school
  478  application, a sponsor shall report to the Department of
  479  Education the name of the applicant entity, the proposed charter
  480  school location, and its projected FTE.
  481         2. In order to ensure fiscal responsibility, an application
  482  for a charter school shall include a full accounting of expected
  483  assets, a projection of expected sources and amounts of income,
  484  including income derived from projected student enrollments and
  485  from community support, and an expense projection that includes
  486  full accounting of the costs of operation, including start-up
  487  costs.
  488         3.a. A sponsor shall by a majority vote approve or deny an
  489  application no later than 90 calendar days after the application
  490  is received, unless the sponsor and the applicant mutually agree
  491  in writing to temporarily postpone the vote to a specific date,
  492  at which time the sponsor shall by a majority vote approve or
  493  deny the application. If the sponsor fails to act on the
  494  application, an applicant may appeal to the State Board of
  495  Education as provided in paragraph (c). If an application is
  496  denied, the sponsor shall, within 10 calendar days after such
  497  denial, articulate in writing the specific reasons, based upon
  498  good cause, supporting its denial of the application and shall
  499  provide the letter of denial and supporting documentation to the
  500  applicant and to the Department of Education.
  501         b. An application submitted by a high-performing charter
  502  school identified pursuant to s. 1002.331 or a high-performing
  503  charter school system identified pursuant to s. 1002.332 may be
  504  denied by the sponsor only if the sponsor demonstrates by clear
  505  and convincing evidence that:
  506         (I) The application of a high-performing charter school
  507  does not materially comply with the requirements in paragraph
  508  (a) or, for a high-performing charter school system, the
  509  application does not materially comply with s. 1002.332(2)(b);
  510         (II) The charter school proposed in the application does
  511  not materially comply with the requirements in paragraphs
  512  (9)(a)-(f);
  513         (III) The proposed charter school’s educational program
  514  does not substantially replicate that of the applicant or one of
  515  the applicant’s high-performing charter schools;
  516         (IV) The applicant has made a material misrepresentation or
  517  false statement or concealed an essential or material fact
  518  during the application process; or
  519         (V) The proposed charter school’s educational program and
  520  financial management practices do not materially comply with the
  521  requirements of this section.
  523  Material noncompliance is a failure to follow requirements or a
  524  violation of prohibitions applicable to charter school
  525  applications, which failure is quantitatively or qualitatively
  526  significant either individually or when aggregated with other
  527  noncompliance. An applicant is considered to be replicating a
  528  high-performing charter school if the proposed school is
  529  substantially similar to at least one of the applicant’s high
  530  performing charter schools and the organization or individuals
  531  involved in the establishment and operation of the proposed
  532  school are significantly involved in the operation of replicated
  533  schools.
  534         c. If the sponsor denies an application submitted by a
  535  high-performing charter school or a high-performing charter
  536  school system, the sponsor must, within 10 calendar days after
  537  such denial, state in writing the specific reasons, based upon
  538  the criteria in sub-subparagraph b., supporting its denial of
  539  the application and must provide the letter of denial and
  540  supporting documentation to the applicant and to the Department
  541  of Education. The applicant may appeal the sponsor’s denial of
  542  the application in accordance with paragraph (c).
  543         4. For budget projection purposes, the sponsor shall report
  544  to the Department of Education the approval or denial of an
  545  application within 10 calendar days after such approval or
  546  denial. In the event of approval, the report to the Department
  547  of Education shall include the final projected FTE for the
  548  approved charter school.
  549         5. Upon approval of an application, the initial startup
  550  shall commence with the beginning of the public school calendar
  551  for the district in which the charter is granted. A charter
  552  school may defer the opening of the school’s operations for up
  553  to 3 years to provide time for adequate facility planning. The
  554  charter school must provide written notice of such intent to the
  555  sponsor and the parents of enrolled students at least 30
  556  calendar days before the first day of school.
  557         (d)1. The sponsor shall act upon the decision of the State
  558  Board of Education within 30 calendar days after it is received.
  559  The State Board of Education’s decision is a final action
  560  subject to judicial review in the district court of appeal. A
  561  prevailing party may file an action with the Division of
  562  Administrative Hearings to recover reasonable attorney fees and
  563  costs incurred during the denial of the application and any
  564  appeals.
  565         2.A school district that fails to implement the decision
  566  affirmed by a district court of appeal shall reduce the
  567  administrative fees withheld pursuant to subsection (20) to 1
  568  percent for all charter schools operating in the school
  569  district. Such school districts shall file a monthly report
  570  detailing the reduction in the amount of administrative fees
  571  withheld. Upon execution of the charter, the sponsor may resume
  572  withholding the full amount of administrative fees but may not
  573  recover any fees that would have otherwise accrued during the
  574  period of noncompliance. Any charter school that had
  575  administrative fees withheld in violation of this paragraph may
  576  recover attorney fees and costs to enforce the requirements of
  577  this paragraph.
  578         (7) CHARTER.—The terms and conditions for the operation of
  579  a charter school shall be set forth by the sponsor and the
  580  applicant in a written contractual agreement, called a charter.
  581  The sponsor and the governing board of the charter school shall
  582  use the standard charter contract pursuant to subsection (21),
  583  which shall incorporate the approved application and any addenda
  584  approved with the application. Any term or condition of a
  585  proposed charter contract that differs from the standard charter
  586  contract adopted by rule of the State Board of Education shall
  587  be presumed a limitation on charter school flexibility. The
  588  sponsor may not impose unreasonable rules or regulations that
  589  violate the intent of giving charter schools greater flexibility
  590  to meet educational goals. The charter shall be signed by the
  591  governing board of the charter school and the sponsor, following
  592  a public hearing to ensure community input.
  593         (a) The charter shall address and criteria for approval of
  594  the charter shall be based on:
  595         1. The school’s mission, the students to be served, and the
  596  ages and grades to be included.
  597         2. The focus of the curriculum, the instructional methods
  598  to be used, any distinctive instructional techniques to be
  599  employed, and identification and acquisition of appropriate
  600  technologies needed to improve educational and administrative
  601  performance which include a means for promoting safe, ethical,
  602  and appropriate uses of technology which comply with legal and
  603  professional standards.
  604         a. The charter shall ensure that reading is a primary focus
  605  of the curriculum and that resources are provided to identify
  606  and provide specialized instruction for students who are reading
  607  below grade level. The curriculum and instructional strategies
  608  for reading must be consistent with the Next Generation Sunshine
  609  State Standards and grounded in scientifically based reading
  610  research.
  611         b. In order to provide students with access to diverse
  612  instructional delivery models, to facilitate the integration of
  613  technology within traditional classroom instruction, and to
  614  provide students with the skills they need to compete in the
  615  21st century economy, the Legislature encourages instructional
  616  methods for blended learning courses consisting of both
  617  traditional classroom and online instructional techniques.
  618  Charter schools may implement blended learning courses which
  619  combine traditional classroom instruction and virtual
  620  instruction. Students in a blended learning course must be full
  621  time students of the charter school pursuant to s.
  622  1011.61(1)(a)1. Instructional personnel certified pursuant to s.
  623  1012.55 who provide virtual instruction for blended learning
  624  courses may be employees of the charter school or may be under
  625  contract to provide instructional services to charter school
  626  students. At a minimum, such instructional personnel must hold
  627  an active state or school district adjunct certification under
  628  s. 1012.57 for the subject area of the blended learning course.
  629  The funding and performance accountability requirements for
  630  blended learning courses are the same as those for traditional
  631  courses.
  632         3. The current incoming baseline standard of student
  633  academic achievement, the outcomes to be achieved, and the
  634  method of measurement that will be used. The criteria listed in
  635  this subparagraph shall include a detailed description of:
  636         a. How the baseline student academic achievement levels and
  637  prior rates of academic progress will be established.
  638         b. How these baseline rates will be compared to rates of
  639  academic progress achieved by these same students while
  640  attending the charter school.
  641         c. To the extent possible, how these rates of progress will
  642  be evaluated and compared with rates of progress of other
  643  closely comparable student populations.
  645  A The district school board is required to provide academic
  646  student performance data to charter schools for each of their
  647  students coming from the district school system, as well as
  648  rates of academic progress of comparable student populations in
  649  the district school system.
  650         4. The methods used to identify the educational strengths
  651  and needs of students and how well educational goals and
  652  performance standards are met by students attending the charter
  653  school. The methods shall provide a means for the charter school
  654  to ensure accountability to its constituents by analyzing
  655  student performance data and by evaluating the effectiveness and
  656  efficiency of its major educational programs. Students in
  657  charter schools shall, at a minimum, participate in the
  658  statewide assessment program created under s. 1008.22.
  659         5. In secondary charter schools, a method for determining
  660  that a student has satisfied the requirements for graduation in
  661  s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
  662         6. A method for resolving conflicts between the governing
  663  board of the charter school and the sponsor.
  664         7. The admissions procedures and dismissal procedures,
  665  including the school’s code of student conduct. Admission or
  666  dismissal must not be based on a student’s academic performance.
  667         8. The ways by which the school will achieve a
  668  racial/ethnic balance reflective of the community it serves or
  669  within the racial/ethnic range of other nearby public schools in
  670  the same school district.
  671         9. The financial and administrative management of the
  672  school, including a reasonable demonstration of the professional
  673  experience or competence of those individuals or organizations
  674  applying to operate the charter school or those hired or
  675  retained to perform such professional services and the
  676  description of clearly delineated responsibilities and the
  677  policies and practices needed to effectively manage the charter
  678  school. A description of internal audit procedures and
  679  establishment of controls to ensure that financial resources are
  680  properly managed must be included. Both public sector and
  681  private sector professional experience shall be equally valid in
  682  such a consideration.
  683         10. The asset and liability projections required in the
  684  application which are incorporated into the charter and shall be
  685  compared with information provided in the annual report of the
  686  charter school.
  687         11. A description of procedures that identify various risks
  688  and provide for a comprehensive approach to reduce the impact of
  689  losses; plans to ensure the safety and security of students and
  690  staff; plans to identify, minimize, and protect others from
  691  violent or disruptive student behavior; and the manner in which
  692  the school will be insured, including whether or not the school
  693  will be required to have liability insurance, and, if so, the
  694  terms and conditions thereof and the amounts of coverage.
  695         12. The term of the charter which shall provide for
  696  cancellation of the charter if insufficient progress has been
  697  made in attaining the student achievement objectives of the
  698  charter and if it is not likely that such objectives can be
  699  achieved before expiration of the charter. The initial term of a
  700  charter shall be for 5 years, excluding 2 planning years. In
  701  order to facilitate access to long-term financial resources for
  702  charter school construction, charter schools that are operated
  703  by a municipality or other public entity as provided by law are
  704  eligible for up to a 15-year charter, subject to approval by the
  705  sponsor district school board. A charter lab school is eligible
  706  for a charter for a term of up to 15 years. In addition, to
  707  facilitate access to long-term financial resources for charter
  708  school construction, charter schools that are operated by a
  709  private, not-for-profit, s. 501(c)(3) status corporation are
  710  eligible for up to a 15-year charter, subject to approval by the
  711  sponsor district school board. Such long-term charters remain
  712  subject to annual review and may be terminated during the term
  713  of the charter, but only according to the provisions set forth
  714  in subsection (8).
  715         13. The facilities to be used and their location. The
  716  sponsor may not require a charter school to have a certificate
  717  of occupancy or a temporary certificate of occupancy for such a
  718  facility earlier than 15 calendar days before the first day of
  719  school.
  720         14. The qualifications to be required of the teachers and
  721  the potential strategies used to recruit, hire, train, and
  722  retain qualified staff to achieve best value.
  723         15. The governance structure of the school, including the
  724  status of the charter school as a public or private employer as
  725  required in paragraph (12)(i).
  726         16. A timetable for implementing the charter which
  727  addresses the implementation of each element thereof and the
  728  date by which the charter shall be awarded in order to meet this
  729  timetable.
  730         17. In the case of an existing public school that is being
  731  converted to charter status, alternative arrangements for
  732  current students who choose not to attend the charter school and
  733  for current teachers who choose not to teach in the charter
  734  school after conversion in accordance with the existing
  735  collective bargaining agreement or district school board rule in
  736  the absence of a collective bargaining agreement. However,
  737  alternative arrangements shall not be required for current
  738  teachers who choose not to teach in a charter lab school, except
  739  as authorized by the employment policies of the state university
  740  which grants the charter to the lab school.
  741         18. Full disclosure of the identity of all relatives
  742  employed by the charter school who are related to the charter
  743  school owner, president, chairperson of the governing board of
  744  directors, superintendent, governing board member, principal,
  745  assistant principal, or any other person employed by the charter
  746  school who has equivalent decisionmaking authority. For the
  747  purpose of this subparagraph, the term “relative” means father,
  748  mother, son, daughter, brother, sister, uncle, aunt, first
  749  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  750  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  751  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  752  stepsister, half brother, or half sister.
  753         19. Implementation of the activities authorized under s.
  754  1002.331 by the charter school when it satisfies the eligibility
  755  requirements for a high-performing charter school. A high
  756  performing charter school shall notify its sponsor in writing by
  757  March 1 if it intends to increase enrollment or expand grade
  758  levels the following school year. The written notice shall
  759  specify the amount of the enrollment increase and the grade
  760  levels that will be added, as applicable.
  761         (b) The sponsor has 30 days after approval of the
  762  application to provide an initial proposed charter contract to
  763  the charter school. The applicant and the sponsor have 40 days
  764  thereafter to negotiate and notice the charter contract for
  765  final approval by the sponsor unless both parties agree to an
  766  extension. The proposed charter contract shall be provided to
  767  the charter school at least 7 calendar days before the date of
  768  the meeting at which the charter is scheduled to be voted upon
  769  by the sponsor. The Department of Education shall provide
  770  mediation services for any dispute regarding this section
  771  subsequent to the approval of a charter application and for any
  772  dispute relating to the approved charter, except a dispute
  773  regarding a charter school application denial. If either the
  774  charter school or the sponsor indicates in writing that the
  775  party does not desire to settle any dispute arising under this
  776  section through mediation procedures offered by the Department
  777  of Education, a charter school may immediately appeal any formal
  778  or informal decision by the sponsor to an administrative law
  779  judge appointed by the Division of Administrative Hearings. If
  780  the Commissioner of Education determines that the dispute cannot
  781  be settled through mediation, the dispute may also be appealed
  782  to an administrative law judge appointed by the Division of
  783  Administrative Hearings. The administrative law judge has final
  784  order authority to rule on issues of equitable treatment of the
  785  charter school as a public school, whether proposed provisions
  786  of the charter violate the intended flexibility granted charter
  787  schools by statute, or any other matter regarding this section,
  788  except a dispute regarding charter school application denial, a
  789  charter termination, or a charter nonrenewal. The administrative
  790  law judge shall award the prevailing party reasonable attorney
  791  fees and costs incurred during the mediation process,
  792  administrative proceeding, and any appeals, to be paid by the
  793  party whom the administrative law judge rules against.
  794         (d) A charter may be modified during its initial term or
  795  any renewal term upon the recommendation of the sponsor or the
  796  charter school’s governing board and the approval of both
  797  parties to the agreement. Changes to curriculum which are
  798  consistent with state standards shall be deemed approved unless
  799  the sponsor and the Department of Education determine in writing
  800  that the curriculum is inconsistent with state standards.
  801  Modification during any term may include, but is not limited to,
  802  consolidation of multiple charters into a single charter if the
  803  charters are operated under the same governing board, regardless
  804  of the renewal cycle. A charter school that is not subject to a
  805  school improvement plan and that closes as part of a
  806  consolidation shall be reported by the sponsor school district
  807  as a consolidation.
  809         (c) A charter may be terminated immediately if the sponsor
  810  sets forth in writing the particular facts and circumstances
  811  demonstrating indicating that an immediate and serious danger to
  812  the health, safety, or welfare of the charter school’s students
  813  exists, that the immediate and serious danger is likely to
  814  continue, and that an immediate termination of the charter is
  815  necessary. The sponsor’s determination is subject to the
  816  procedures set forth in paragraph (b), except that the hearing
  817  may take place after the charter has been terminated. The
  818  sponsor shall notify in writing the charter school’s governing
  819  board, the charter school principal, and the department of the
  820  facts and circumstances supporting the immediate termination if
  821  a charter is terminated immediately. The sponsor shall clearly
  822  identify the specific issues that resulted in the immediate
  823  termination and provide evidence of prior notification of issues
  824  resulting in the immediate termination, if applicable when
  825  appropriate. Upon receiving written notice from the sponsor, the
  826  charter school’s governing board has 10 calendar days to request
  827  a hearing. A requested hearing must be expedited and the final
  828  order must be issued within 60 days after the date of request.
  829  The administrative law judge shall award reasonable attorney
  830  fees and costs to the prevailing party of any injunction,
  831  administrative proceeding, or appeal. The sponsor may seek an
  832  injunction in the circuit court in which the charter school is
  833  located to enjoin continued operation of the charter school if
  834  shall assume operation of the charter school throughout the
  835  pendency of the hearing under paragraph (b) unless the continued
  836  operation of the charter school would materially threaten the
  837  health, safety, or welfare of the students. Failure by the
  838  sponsor to assume and continue operation of the charter school
  839  shall result in the awarding of reasonable costs and attorney’s
  840  fees to the charter school if the charter school prevails on
  841  appeal.
  842         (d) When a charter is not renewed or is terminated, the
  843  school shall be dissolved under the provisions of law under
  844  which the school was organized, and any unencumbered public
  845  funds, except for capital outlay funds and federal charter
  846  school program grant funds, from the charter school shall revert
  847  to the sponsor. Capital outlay funds provided pursuant to s.
  848  1013.62 and federal charter school program grant funds that are
  849  unencumbered shall revert to the department to be redistributed
  850  among eligible charter schools. In the event a charter school is
  851  dissolved or is otherwise terminated, all sponsor district
  852  school board property and improvements, furnishings, and
  853  equipment purchased with public funds shall automatically revert
  854  to full ownership by the sponsor district school board, subject
  855  to complete satisfaction of any lawful liens or encumbrances.
  856  Any unencumbered public funds from the charter school, district
  857  school board property and improvements, furnishings, and
  858  equipment purchased with public funds, or financial or other
  859  records pertaining to the charter school, in the possession of
  860  any person, entity, or holding company, other than the charter
  861  school, shall be held in trust upon the sponsor’s district
  862  school board’s request, until any appeal status is resolved.
  863         (e) If a charter is not renewed or is terminated, the
  864  charter school is responsible for all debts of the charter
  865  school. The sponsor district may not assume the debt from any
  866  contract made between the governing body of the school and a
  867  third party, except for a debt that is previously detailed and
  868  agreed upon in writing by both the sponsor district and the
  869  governing body of the school and that may not reasonably be
  870  assumed to have been satisfied by the sponsor district.
  872         (g)1. In order to provide financial information that is
  873  comparable to that reported for other public schools, charter
  874  schools are to maintain all financial records that constitute
  875  their accounting system:
  876         a. In accordance with the accounts and codes prescribed in
  877  the most recent issuance of the publication titled “Financial
  878  and Program Cost Accounting and Reporting for Florida Schools”;
  879  or
  880         b. At the discretion of the charter school’s governing
  881  board, a charter school may elect to follow generally accepted
  882  accounting standards for not-for-profit organizations, but must
  883  reformat this information for reporting according to this
  884  paragraph.
  885         2. Charter schools shall provide annual financial report
  886  and program cost report information in the state-required
  887  formats for inclusion in sponsor district reporting in
  888  compliance with s. 1011.60(1). Charter schools that are operated
  889  by a municipality or are a component unit of a parent nonprofit
  890  organization may use the accounting system of the municipality
  891  or the parent but must reformat this information for reporting
  892  according to this paragraph.
  893         3. A charter school shall, upon approval of the charter
  894  contract, provide the sponsor with a concise, uniform, monthly
  895  financial statement summary sheet that contains a balance sheet
  896  and a statement of revenue, expenditures, and changes in fund
  897  balance. The balance sheet and the statement of revenue,
  898  expenditures, and changes in fund balance shall be in the
  899  governmental funds format prescribed by the Governmental
  900  Accounting Standards Board. A high-performing charter school
  901  pursuant to s. 1002.331 may provide a quarterly financial
  902  statement in the same format and requirements as the uniform
  903  monthly financial statement summary sheet. The sponsor shall
  904  review each monthly or quarterly financial statement to identify
  905  the existence of any conditions identified in s. 1002.345(1)(a).
  906         4. A charter school shall maintain and provide financial
  907  information as required in this paragraph. The financial
  908  statement required in subparagraph 3. must be in a form
  909  prescribed by the Department of Education.
  910         (n)1. The director and a representative of the governing
  911  board of a charter school that has earned a grade of “D” or “F”
  912  pursuant to s. 1008.34 shall appear before the sponsor to
  913  present information concerning each contract component having
  914  noted deficiencies. The director and a representative of the
  915  governing board shall submit to the sponsor for approval a
  916  school improvement plan to raise student performance. Upon
  917  approval by the sponsor, the charter school shall begin
  918  implementation of the school improvement plan. The department
  919  shall offer technical assistance and training to the charter
  920  school and its governing board and establish guidelines for
  921  developing, submitting, and approving such plans.
  922         2.a. If a charter school earns three consecutive grades
  923  below a “C,” the charter school governing board shall choose one
  924  of the following corrective actions:
  925         (I) Contract for educational services to be provided
  926  directly to students, instructional personnel, and school
  927  administrators, as prescribed in state board rule;
  928         (II) Contract with an outside entity that has a
  929  demonstrated record of effectiveness to operate the school;
  930         (III) Reorganize the school under a new director or
  931  principal who is authorized to hire new staff; or
  932         (IV) Voluntarily close the charter school.
  933         b. The charter school must implement the corrective action
  934  in the school year following receipt of a third consecutive
  935  grade below a “C.”
  936         c. The sponsor may annually waive a corrective action if it
  937  determines that the charter school is likely to improve a letter
  938  grade if additional time is provided to implement the
  939  intervention and support strategies prescribed by the school
  940  improvement plan. Notwithstanding this sub-subparagraph, a
  941  charter school that earns a second consecutive grade of “F” is
  942  subject to subparagraph 3.
  943         d. A charter school is no longer required to implement a
  944  corrective action if it improves to a “C” or higher. However,
  945  the charter school must continue to implement strategies
  946  identified in the school improvement plan. The sponsor must
  947  annually review implementation of the school improvement plan to
  948  monitor the school’s continued improvement pursuant to
  949  subparagraph 4.
  950         e. A charter school implementing a corrective action that
  951  does not improve to a “C” or higher after 2 full school years of
  952  implementing the corrective action must select a different
  953  corrective action. Implementation of the new corrective action
  954  must begin in the school year following the implementation
  955  period of the existing corrective action, unless the sponsor
  956  determines that the charter school is likely to improve to a “C”
  957  or higher if additional time is provided to implement the
  958  existing corrective action. Notwithstanding this sub
  959  subparagraph, a charter school that earns a second consecutive
  960  grade of “F” while implementing a corrective action is subject
  961  to subparagraph 3.
  962         3. A charter school’s charter contract is automatically
  963  terminated if the school earns two consecutive grades of “F”
  964  after all school grade appeals are final unless:
  965         a. The charter school is established to turn around the
  966  performance of a district public school pursuant to s.
  967  1008.33(4)(b)2. Such charter schools shall be governed by s.
  968  1008.33;
  969         b. The charter school serves a student population the
  970  majority of which resides in a school zone served by a district
  971  public school subject to s. 1008.33(4) and the charter school
  972  earns at least a grade of “D” in its third year of operation.
  973  The exception provided under this sub-subparagraph does not
  974  apply to a charter school in its fourth year of operation and
  975  thereafter; or
  976         c. The state board grants the charter school a waiver of
  977  termination. The charter school must request the waiver within
  978  15 days after the department’s official release of school
  979  grades. The state board may waive termination if the charter
  980  school demonstrates that the Learning Gains of its students on
  981  statewide assessments are comparable to or better than the
  982  Learning Gains of similarly situated students enrolled in nearby
  983  district public schools. The waiver is valid for 1 year and may
  984  only be granted once. Charter schools that have been in
  985  operation for more than 5 years are not eligible for a waiver
  986  under this sub-subparagraph.
  988  The sponsor shall notify the charter school’s governing board,
  989  the charter school principal, and the department in writing when
  990  a charter contract is terminated under this subparagraph. A
  991  charter terminated under this subparagraph must follow the
  992  procedures for dissolution and reversion of public funds
  993  pursuant to paragraphs (8)(d)-(f) and (9)(o).
  994         4. The director and a representative of the governing board
  995  of a graded charter school that has implemented a school
  996  improvement plan under this paragraph shall appear before the
  997  sponsor at least once a year to present information regarding
  998  the progress of intervention and support strategies implemented
  999  by the school pursuant to the school improvement plan and
 1000  corrective actions, if applicable. The sponsor shall communicate
 1001  at the meeting, and in writing to the director, the services
 1002  provided to the school to help the school address its
 1003  deficiencies.
 1004         5. Notwithstanding any provision of this paragraph except
 1005  sub-subparagraphs 3.a.-c., the sponsor may terminate the charter
 1006  at any time pursuant to subsection (8).
 1007         (10) ELIGIBLE STUDENTS.—
 1008         (d) A charter school may give enrollment preference to the
 1009  following student populations:
 1010         1. Students who are siblings of a student enrolled in the
 1011  charter school.
 1012         2. Students who are the children of a member of the
 1013  governing board of the charter school.
 1014         3. Students who are the children of an employee of the
 1015  charter school.
 1016         4. Students who are the children of:
 1017         a.  An employee of the business partner of a charter
 1018  school-in-the-workplace established under paragraph (15)(b) or a
 1019  resident of the municipality in which such charter school is
 1020  located; or
 1021         b. A resident or employee of a municipality that operates a
 1022  charter school-in-a-municipality pursuant to paragraph (15)(c)
 1023  or allows a charter school to use a school facility or portion
 1024  of land provided by the municipality for the operation of the
 1025  charter school.
 1026         5. Students who have successfully completed, during the
 1027  previous year, a voluntary prekindergarten education program
 1028  under ss. 1002.51-1002.79 provided by the charter school, or the
 1029  charter school’s governing board, or a voluntary prekindergarten
 1030  provider that has a written agreement with the governing board
 1031  during the previous year.
 1032         6. Students who are the children of an active duty member
 1033  of any branch of the United States Armed Forces.
 1034         7. Students who attended or are assigned to failing schools
 1035  pursuant to s. 1002.38(2).
 1036         (e) A charter school may limit the enrollment process only
 1037  to target the following student populations:
 1038         1. Students within specific age groups or grade levels.
 1039         2. Students considered at risk of dropping out of school or
 1040  academic failure. Such students shall include exceptional
 1041  education students.
 1042         3. Students enrolling in a charter school-in-the-workplace
 1043  or charter school-in-a-municipality established pursuant to
 1044  subsection (15).
 1045         4. Students residing within a reasonable distance of the
 1046  charter school, as described in paragraph (20)(c). Such students
 1047  shall be subject to a random lottery and to the racial/ethnic
 1048  balance provisions described in subparagraph (7)(a)8. or any
 1049  federal provisions that require a school to achieve a
 1050  racial/ethnic balance reflective of the community it serves or
 1051  within the racial/ethnic range of other nearby public schools in
 1052  the same school district.
 1053         5. Students who meet reasonable academic, artistic, or
 1054  other eligibility standards established by the charter school
 1055  and included in the charter school application and charter or,
 1056  in the case of existing charter schools, standards that are
 1057  consistent with the school’s mission and purpose. Such standards
 1058  shall be in accordance with current state law and practice in
 1059  public schools and may not discriminate against otherwise
 1060  qualified individuals.
 1061         6. Students articulating from one charter school to another
 1062  pursuant to an articulation agreement between the charter
 1063  schools that has been approved by the sponsor.
 1064         7. Students living in a development in which a developer,
 1065  including any affiliated business entity or charitable
 1066  foundation, contributes to the formation, acquisition,
 1067  construction, or operation of one or more charter schools or
 1068  charter provides the school facilities facility and related
 1069  property in an amount equal to or having a total an appraised
 1070  value of at least $5 million to be used as a charter schools
 1071  school to mitigate the educational impact created by the
 1072  development of new residential dwelling units. Students living
 1073  in the development are shall be entitled to no more than 50
 1074  percent of the student stations in the charter schools school.
 1075  The students who are eligible for enrollment are subject to a
 1076  random lottery, the racial/ethnic balance provisions, or any
 1077  federal provisions, as described in subparagraph 4. The
 1078  remainder of the student stations must shall be filled in
 1079  accordance with subparagraph 4.
 1082  NOT TO BE PLEDGED.—Any arrangement entered into to borrow or
 1083  otherwise secure funds for a charter school authorized in this
 1084  section from a source other than the state or a sponsor school
 1085  district shall indemnify the state and the sponsor school
 1086  district from any and all liability, including, but not limited
 1087  to, financial responsibility for the payment of the principal or
 1088  interest. Any loans, bonds, or other financial agreements are
 1089  not obligations of the state or the sponsor school district but
 1090  are obligations of the charter school authority and are payable
 1091  solely from the sources of funds pledged by such agreement. The
 1092  credit or taxing power of the state or the sponsor school
 1093  district shall not be pledged and no debts shall be payable out
 1094  of any moneys except those of the legal entity in possession of
 1095  a valid charter approved by a sponsor district school board
 1096  pursuant to this section.
 1099         (c) A charter school-in-a-municipality designation may be
 1100  granted to a municipality that possesses a charter; enrolls
 1101  students based upon a random lottery that involves all of the
 1102  children of the residents of that municipality who are seeking
 1103  enrollment, as provided for in subsection (10); and enrolls
 1104  students according to the racial/ethnic balance provisions
 1105  described in subparagraph (7)(a)8. When a municipality has
 1106  submitted charter applications for the establishment of a
 1107  charter school feeder pattern, consisting of elementary, middle,
 1108  and senior high schools, and each individual charter application
 1109  is approved by the sponsor district school board, such schools
 1110  shall then be designated as one charter school for all purposes
 1111  listed pursuant to this section. Any portion of the land and
 1112  facility used for a public charter school shall be exempt from
 1113  ad valorem taxes, as provided for in s. 1013.54, for the
 1114  duration of its use as a public school.
 1115         (17) FUNDING.—Students enrolled in a charter school,
 1116  regardless of the sponsorship, shall be funded as if they are in
 1117  a basic program or a special program, the same as students
 1118  enrolled in other public schools in a the school district.
 1119  Funding for a charter lab school shall be as provided in s.
 1120  1002.32.
 1121         (a) Each charter school shall report its student enrollment
 1122  to the sponsor as required in s. 1011.62, and in accordance with
 1123  the definitions in s. 1011.61. The sponsor shall include each
 1124  charter school’s enrollment in the sponsor’s district’s report
 1125  of student enrollment. All charter schools submitting student
 1126  record information required by the Department of Education shall
 1127  comply with the Department of Education’s guidelines for
 1128  electronic data formats for such data, and all sponsors
 1129  districts shall accept electronic data that complies with the
 1130  Department of Education’s electronic format.
 1131         (b)1. The basis for the agreement for funding students
 1132  enrolled in a charter school shall be the sum of the school
 1133  district’s operating funds from the Florida Education Finance
 1134  Program as provided in s. 1011.62 and the General Appropriations
 1135  Act, including gross state and local funds, discretionary
 1136  lottery funds, and funds from the school district’s current
 1137  operating discretionary millage levy; divided by total funded
 1138  weighted full-time equivalent students in the school district;
 1139  and multiplied by the weighted full-time equivalent students for
 1140  the charter school. Charter schools whose students or programs
 1141  meet the eligibility criteria in law are entitled to their
 1142  proportionate share of categorical program funds included in the
 1143  total funds available in the Florida Education Finance Program
 1144  by the Legislature, including transportation, the research-based
 1145  reading allocation, and the Florida digital classrooms
 1146  allocation. Total funding for each charter school shall be
 1147  recalculated during the year to reflect the revised calculations
 1148  under the Florida Education Finance Program by the state and the
 1149  actual weighted full-time equivalent students reported by the
 1150  charter school during the full-time equivalent student survey
 1151  periods designated by the Commissioner of Education. For charter
 1152  schools operated by a not-for-profit or municipal entity, any
 1153  unrestricted current and capital assets identified in the
 1154  charter school’s annual financial audit may be used for other
 1155  charter schools operated by the not-for-profit or municipal
 1156  entity within the school district. Unrestricted current assets
 1157  shall be used in accordance with s. 1011.62, and any
 1158  unrestricted capital assets shall be used in accordance with s.
 1159  1013.62(2).
 1160         2.a.Students enrolled in a charter school sponsored by a
 1161  state university or Florida College System institution pursuant
 1162  to paragraph (5)(a) shall be funded as if they are in a basic
 1163  program or a special program in the school district. The basis
 1164  for funding these students is the sum of the total operating
 1165  funds from the Florida Education Finance Program for the school
 1166  district in which the school is located as provided in s.
 1167  1011.62 and the General Appropriations Act, including gross
 1168  state and local funds, discretionary lottery funds, and funds
 1169  from each school district’s current operating discretionary
 1170  millage levy, divided by total funded weighted full-time
 1171  equivalent students in the district, and multiplied by the full
 1172  time equivalent membership of the charter school. The Department
 1173  of Education shall develop a tool that each state university or
 1174  Florida College System institution sponsoring a charter school
 1175  shall use for purposes of calculating the funding amount for
 1176  each eligible charter school student. The total amount obtained
 1177  from the calculation must be appropriated from state funds in
 1178  the General Appropriations Act to the charter school.
 1179         b.Capital outlay funding for a charter school sponsored by
 1180  a state university or Florida College System institution
 1181  pursuant to paragraph (5)(a) is determined pursuant to s.
 1182  1013.62 and the General Appropriations Act.
 1183         (c) Pursuant to 20 U.S.C. 8061 s. 10306, all charter
 1184  schools shall receive all federal funding for which the school
 1185  is otherwise eligible, including Title I funding, not later than
 1186  5 months after the charter school first opens and within 5
 1187  months after any subsequent expansion of enrollment. Unless
 1188  otherwise mutually agreed to by the charter school and its
 1189  sponsor, and consistent with state and federal rules and
 1190  regulations governing the use and disbursement of federal funds,
 1191  the sponsor shall reimburse the charter school on a monthly
 1192  basis for all invoices submitted by the charter school for
 1193  federal funds available to the sponsor for the benefit of the
 1194  charter school, the charter school’s students, and the charter
 1195  school’s students as public school students in the school
 1196  district. Such federal funds include, but are not limited to,
 1197  Title I, Title II, and Individuals with Disabilities Education
 1198  Act (IDEA) funds. To receive timely reimbursement for an
 1199  invoice, the charter school must submit the invoice to the
 1200  sponsor at least 30 days before the monthly date of
 1201  reimbursement set by the sponsor. In order to be reimbursed, any
 1202  expenditures made by the charter school must comply with all
 1203  applicable state rules and federal regulations, including, but
 1204  not limited to, the applicable federal Office of Management and
 1205  Budget Circulars; the federal Education Department General
 1206  Administrative Regulations; and program-specific statutes,
 1207  rules, and regulations. Such funds may not be made available to
 1208  the charter school until a plan is submitted to the sponsor for
 1209  approval of the use of the funds in accordance with applicable
 1210  federal requirements. The sponsor has 30 days to review and
 1211  approve any plan submitted pursuant to this paragraph.
 1212         (d) Charter schools shall be included by the Department of
 1213  Education and the district school board in requests for federal
 1214  stimulus funds in the same manner as district school board
 1215  operated public schools, including Title I and IDEA funds and
 1216  shall be entitled to receive such funds. Charter schools are
 1217  eligible to participate in federal competitive grants that are
 1218  available as part of the federal stimulus funds.
 1219         (e) Sponsors District school boards shall make timely and
 1220  efficient payment and reimbursement to charter schools,
 1221  including processing paperwork required to access special state
 1222  and federal funding for which they may be eligible. Payments of
 1223  funds under paragraph (b) shall be made monthly or twice a
 1224  month, beginning with the start of the sponsor’s district school
 1225  board’s fiscal year. Each payment shall be one-twelfth, or one
 1226  twenty-fourth, as applicable, of the total state and local funds
 1227  described in paragraph (b) and adjusted as set forth therein.
 1228  For the first 2 years of a charter school’s operation, if a
 1229  minimum of 75 percent of the projected enrollment is entered
 1230  into the sponsor’s student information system by the first day
 1231  of the current month, the sponsor district school board shall
 1232  distribute funds to the school for the months of July through
 1233  October based on the projected full-time equivalent student
 1234  membership of the charter school as submitted in the approved
 1235  application. If less than 75 percent of the projected enrollment
 1236  is entered into the sponsor’s student information system by the
 1237  first day of the current month, the sponsor shall base payments
 1238  on the actual number of student enrollment entered into the
 1239  sponsor’s student information system. Thereafter, the results of
 1240  full-time equivalent student membership surveys shall be used in
 1241  adjusting the amount of funds distributed monthly to the charter
 1242  school for the remainder of the fiscal year. The payments shall
 1243  be issued no later than 10 working days after the sponsor
 1244  district school board receives a distribution of state or
 1245  federal funds or the date the payment is due pursuant to this
 1246  subsection. If a warrant for payment is not issued within 10
 1247  working days after receipt of funding by the sponsor district
 1248  school board, the sponsor school district shall pay to the
 1249  charter school, in addition to the amount of the scheduled
 1250  disbursement, interest at a rate of 1 percent per month
 1251  calculated on a daily basis on the unpaid balance from the
 1252  expiration of the 10 working days until such time as the warrant
 1253  is issued. The district school board may not delay payment to a
 1254  charter school of any portion of the funds provided in paragraph
 1255  (b) based on the timing of receipt of local funds by the
 1256  district school board.
 1257         (f) Funding for a virtual charter school shall be as
 1258  provided in s. 1002.45(7).
 1259         (g) To be eligible for public education capital outlay
 1260  (PECO) funds, a charter school must be located in the State of
 1261  Florida.
 1262         (h) A charter school that implements a schoolwide standard
 1263  student attire policy pursuant to s. 1011.78 is eligible to
 1264  receive incentive payments.
 1265         (18) FACILITIES.—
 1266         (e) If a district school board facility or property is
 1267  available because it is surplus, marked for disposal, or
 1268  otherwise unused, it shall be provided for a charter school’s
 1269  use on the same basis as it is made available to other public
 1270  schools in the district. A charter school receiving property
 1271  from the sponsor school district may not sell or dispose of such
 1272  property without written permission of the sponsor school
 1273  district. Similarly, for an existing public school converting to
 1274  charter status, no rental or leasing fee for the existing
 1275  facility or for the property normally inventoried to the
 1276  conversion school may be charged by the district school board to
 1277  the parents and teachers organizing the charter school. The
 1278  charter school shall agree to reasonable maintenance provisions
 1279  in order to maintain the facility in a manner similar to
 1280  district school board standards. The Public Education Capital
 1281  Outlay maintenance funds or any other maintenance funds
 1282  generated by the facility operated as a conversion school shall
 1283  remain with the conversion school.
 1284         (20) SERVICES.—
 1285         (a)1. A sponsor shall provide certain administrative and
 1286  educational services to charter schools. These services shall
 1287  include contract management services; full-time equivalent and
 1288  data reporting services; exceptional student education
 1289  administration services; services related to eligibility and
 1290  reporting duties required to ensure that school lunch services
 1291  under the National School Lunch Program, consistent with the
 1292  needs of the charter school, are provided by the sponsor school
 1293  district at the request of the charter school, that any funds
 1294  due to the charter school under the National School Lunch
 1295  Program be paid to the charter school as soon as the charter
 1296  school begins serving food under the National School Lunch
 1297  Program, and that the charter school is paid at the same time
 1298  and in the same manner under the National School Lunch Program
 1299  as other public schools serviced by the sponsor or the school
 1300  district; test administration services, including payment of the
 1301  costs of state-required or district-required student
 1302  assessments; processing of teacher certificate data services;
 1303  and information services, including equal access to the
 1304  sponsor’s student information systems that are used by public
 1305  schools in the district in which the charter school is located
 1306  or by schools in the sponsor’s portfolio of charter schools if
 1307  the sponsor is not a school district. Student performance data
 1308  for each student in a charter school, including, but not limited
 1309  to, FCAT scores, standardized test scores, previous public
 1310  school student report cards, and student performance measures,
 1311  shall be provided by the sponsor to a charter school in the same
 1312  manner provided to other public schools in the district or by
 1313  schools in the sponsor’s portfolio of charter schools if the
 1314  sponsor is not a school district.
 1315         2. A sponsor may withhold an administrative fee for the
 1316  provision of such services which shall be a percentage of the
 1317  available funds defined in paragraph (17)(b) calculated based on
 1318  weighted full-time equivalent students. If the charter school
 1319  serves 75 percent or more exceptional education students as
 1320  defined in s. 1003.01(3), the percentage shall be calculated
 1321  based on unweighted full-time equivalent students. The
 1322  administrative fee shall be calculated as follows:
 1323         a. Up to 5 percent for:
 1324         (I) Enrollment of up to and including 250 students in a
 1325  charter school as defined in this section.
 1326         (II) Enrollment of up to and including 500 students within
 1327  a charter school system which meets all of the following:
 1328         (A) Includes conversion charter schools and nonconversion
 1329  charter schools.
 1330         (B) Has all of its schools located in the same county.
 1331         (C) Has a total enrollment exceeding the total enrollment
 1332  of at least one school district in this the state.
 1333         (D) Has the same governing board for all of its schools.
 1334         (E) Does not contract with a for-profit service provider
 1335  for management of school operations.
 1336         (III) Enrollment of up to and including 250 students in a
 1337  virtual charter school.
 1338         b. Up to 2 percent for enrollment of up to and including
 1339  250 students in a high-performing charter school as defined in
 1340  s. 1002.331.
 1341         c. Up to 2 percent for enrollment of up to and including
 1342  250 students in an exceptional student education center that
 1343  meets the requirements of the rules adopted by the State Board
 1344  of Education pursuant to s. 1008.3415(3).
 1345         3. A sponsor may not charge charter schools any additional
 1346  fees or surcharges for administrative and educational services
 1347  in addition to the maximum percentage of administrative fees
 1348  withheld pursuant to this paragraph.
 1349         4. A sponsor shall provide to the department by September
 1350  15 of each year the total amount of funding withheld from
 1351  charter schools pursuant to this subsection for the prior fiscal
 1352  year. The department must include the information in the report
 1353  required under sub-sub-subparagraph (5)(b)1.k.(III).
 1354         (b) If goods and services are made available to the charter
 1355  school through the contract with the sponsor school district,
 1356  they shall be provided to the charter school at a rate no
 1357  greater than the sponsor’s district’s actual cost unless
 1358  mutually agreed upon by the charter school and the sponsor in a
 1359  contract negotiated separately from the charter. When mediation
 1360  has failed to resolve disputes over contracted services or
 1361  contractual matters not included in the charter, an appeal may
 1362  be made to an administrative law judge appointed by the Division
 1363  of Administrative Hearings. The administrative law judge has
 1364  final order authority to rule on the dispute. The administrative
 1365  law judge shall award the prevailing party reasonable attorney
 1366  fees and costs incurred during the mediation process,
 1367  administrative proceeding, and any appeals, to be paid by the
 1368  party whom the administrative law judge rules against. To
 1369  maximize the use of state funds, sponsors school districts shall
 1370  allow charter schools to participate in the sponsor’s bulk
 1371  purchasing program if applicable.
 1372         (c) Transportation of charter school students shall be
 1373  provided by the charter school consistent with the requirements
 1374  of subpart I.E. of chapter 1006 and s. 1012.45. The governing
 1375  body of the charter school may provide transportation through an
 1376  agreement or contract with the sponsor district school board, a
 1377  private provider, or parents. The charter school and the sponsor
 1378  shall cooperate in making arrangements that ensure that
 1379  transportation is not a barrier to equal access for all students
 1380  residing within a reasonable distance of the charter school as
 1381  determined in its charter.
 1382         (d) Each charter school shall annually complete and submit
 1383  a survey, provided in a format specified by the Department of
 1384  Education, to rate the timeliness and quality of services
 1385  provided by the sponsor district in accordance with this
 1386  section. The department shall compile the results, by sponsor
 1387  district, and include the results in the report required under
 1388  sub-sub-subparagraph (5)(b)1.k.(III).
 1390         (a) The Department of Education shall provide information
 1391  to the public, directly and through sponsors, on how to form and
 1392  operate a charter school and how to enroll in a charter school
 1393  once it is created. This information shall include the standard
 1394  application form, standard charter contract, standard evaluation
 1395  instrument, and standard charter renewal contract, which shall
 1396  include the information specified in subsection (7) and shall be
 1397  developed by consulting and negotiating with both sponsors
 1398  school districts and charter schools before implementation. The
 1399  charter and charter renewal contracts shall be used by charter
 1400  school sponsors.
 1401         (b)1. The Department of Education shall report to each
 1402  charter school receiving a school grade pursuant to s. 1008.34
 1403  or a school improvement rating pursuant to s. 1008.341 the
 1404  school’s student assessment data.
 1405         2. The charter school shall report the information in
 1406  subparagraph 1. to each parent of a student at the charter
 1407  school, the parent of a child on a waiting list for the charter
 1408  school, the sponsor district in which the charter school is
 1409  located, and the governing board of the charter school. This
 1410  paragraph does not abrogate the provisions of s. 1002.22,
 1411  relating to student records, or the requirements of 20 U.S.C. s.
 1412  1232g, the Family Educational Rights and Privacy Act.
 1415         (a) A charter school system’s governing board shall be
 1416  designated a local educational agency for the purpose of
 1417  receiving federal funds, the same as though the charter school
 1418  system were a school district, if the governing board of the
 1419  charter school system has adopted and filed a resolution with
 1420  its sponsor sponsoring district school board and the Department
 1421  of Education in which the governing board of the charter school
 1422  system accepts the full responsibility for all local education
 1423  agency requirements and the charter school system meets all of
 1424  the following:
 1425         1. Has all schools located in the same county;
 1426         2. Has a total enrollment exceeding the total enrollment of
 1427  at least one school district in this the state; and
 1428         3. Has the same governing board.
 1430  Such designation does not apply to other provisions unless
 1431  specifically provided in law.
 1432         (28) RULEMAKING.—The Department of Education, after
 1433  consultation with sponsors school districts and charter school
 1434  directors, shall recommend that the State Board of Education
 1435  adopt rules to implement specific subsections of this section.
 1436  Such rules shall require minimum paperwork and shall not limit
 1437  charter school flexibility authorized by statute. The State
 1438  Board of Education shall adopt rules, pursuant to ss. 120.536(1)
 1439  and 120.54, to implement a standard charter application form,
 1440  standard application form for the replication of charter schools
 1441  in a high-performing charter school system, standard evaluation
 1442  instrument, and standard charter and charter renewal contracts
 1443  in accordance with this section.
 1444         Section 5. Paragraph (a) of subsection (1), paragraph (a)
 1445  of subsection (2), and paragraph (b) of subsection (3) of
 1446  section 1002.331, Florida Statutes, are amended to read:
 1447         1002.331 High-performing charter schools.—
 1448         (1) A charter school is a high-performing charter school if
 1449  it:
 1450         (a)1. Received at least two school grades of “A” and no
 1451  school grade below “B,” pursuant to s. 1008.34, during each of
 1452  the previous 3 school years or received at least two consecutive
 1453  school grades of “A” in the most recent 2 school years for the
 1454  years that the school received a grade; or
 1455         2. Receives, during its first 3 years of operation, funding
 1456  through the National Fund of the Charter School Growth Fund, and
 1457  has received no school grade lower than a “C,” pursuant to s.
 1458  1008.34, during each of the previous 3 school years for the
 1459  years that the school received a grade.
 1461  For purposes of determining initial eligibility, the
 1462  requirements of paragraphs (b) and (c) only apply for the most
 1463  recent 2 fiscal years if the charter school earns two
 1464  consecutive grades of “A.” A virtual charter school established
 1465  under s. 1002.33 is not eligible for designation as a high
 1466  performing charter school.
 1467         (2) A high-performing charter school is authorized to:
 1468         (a) Increase its student enrollment once per school year to
 1469  more than the capacity identified in the charter, but student
 1470  enrollment may not exceed the capacity of the facility at the
 1471  time the enrollment increase will take effect. Facility capacity
 1472  for purposes of grade level expansion shall include any
 1473  improvements to an existing facility or any new facility in
 1474  which a majority of the students of the high-performing charter
 1475  school will enroll.
 1477  A high-performing charter school shall notify its sponsor in
 1478  writing by March 1 if it intends to increase enrollment or
 1479  expand grade levels the following school year. The written
 1480  notice shall specify the amount of the enrollment increase and
 1481  the grade levels that will be added, as applicable. If a charter
 1482  school notifies the sponsor of its intent to expand, the sponsor
 1483  shall modify the charter within 90 days to include the new
 1484  enrollment maximum and may not make any other changes. The
 1485  sponsor may deny a request to increase the enrollment of a high
 1486  performing charter school if the commissioner has declassified
 1487  the charter school as high-performing. If a high-performing
 1488  charter school requests to consolidate multiple charters, the
 1489  sponsor shall have 40 days after receipt of that request to
 1490  provide an initial draft charter to the charter school. The
 1491  sponsor and charter school shall have 50 days thereafter to
 1492  negotiate and notice the charter contract for final approval by
 1493  the sponsor.
 1494         (3)
 1495         (b) A high-performing charter school may submit not
 1496  establish more than two applications for a charter school to be
 1497  opened schools within this the state under paragraph (a) at a
 1498  time determined by the high-performing charter school in any
 1499  year. A subsequent application to establish a charter school
 1500  under paragraph (a) may not be submitted unless each charter
 1501  school applicant commences operations or an application is
 1502  otherwise withdrawn established in this manner achieves high
 1503  performing charter school status. However, a high-performing
 1504  charter school may establish more than one charter school within
 1505  this the state under paragraph (a) in any year if it operates in
 1506  the area of a persistently low-performing school and serves
 1507  students from that school. This paragraph applies to any high
 1508  performing charter school with an existing approved application.
 1509         Section 6. Paragraph (c) of subsection (1), paragraphs (a),
 1510  (g), and (h) of subsection (6), and paragraph (d) of subsection
 1511  (7) of section 1002.333, Florida Statutes, are amended, and
 1512  paragraph (e) is added to subsection (9) of that section, to
 1513  read:
 1514         1002.333 Persistently low-performing schools.—
 1515         (1) DEFINITIONS.—As used in this section, the term:
 1516         (c) “Persistently low-performing school” means a school
 1517  that has earned three grades lower than a “C,” pursuant to s.
 1518  1008.34, in at least 3 of the previous 5 years that the school
 1519  received a grade and has not earned a grade of “B” or higher in
 1520  the most recent 2 school years, and a school that was closed
 1521  pursuant to s. 1008.33(4) within 2 years after the submission of
 1522  a notice of intent.
 1523         (6) STATUTORY AUTHORITY.—
 1524         (a) A school of hope or a nonprofit entity that operates
 1525  more than one school of hope through a performance-based
 1526  agreement with a school district may be designated as a local
 1527  education agency by the department, if requested, for the
 1528  purposes of receiving federal funds and, in doing so, accepts
 1529  the full responsibility for all local education agency
 1530  requirements and the schools for which it will perform local
 1531  education agency responsibilities.
 1532         1. A nonprofit entity designated as a local education
 1533  agency may report its students to the department in accordance
 1534  with the definitions in s. 1011.61 and pursuant to the
 1535  department’s procedures and timelines.
 1536         2. Students enrolled in a school established by a hope
 1537  operator designated as a local educational agency are not
 1538  eligible students for purposes of calculating the district grade
 1539  pursuant to s. 1008.34(5).
 1540         (g) Each school of hope that has not been designated as a
 1541  local education agency shall report its students to the school
 1542  district as required in s. 1011.62, and in accordance with the
 1543  definitions in s. 1011.61. The school district shall include
 1544  each charter school’s enrollment in the district’s report of
 1545  student enrollment. All charter schools submitting student
 1546  record information required by the department shall comply with
 1547  the department’s guidelines for electronic data formats for such
 1548  data, and all districts shall accept electronic data that
 1549  complies with the department’s electronic format.
 1550         (h)1. A school of hope shall provide the school district
 1551  with a concise, uniform, quarterly financial statement summary
 1552  sheet that contains a balance sheet and a statement of revenue,
 1553  expenditures, and changes in fund balance. The balance sheet and
 1554  the statement of revenue, expenditures, and changes in fund
 1555  balance shall be in the governmental fund format prescribed by
 1556  the Governmental Accounting Standards Board. Additionally, a
 1557  school of hope shall comply with the annual audit requirement
 1558  for charter schools in s. 218.39.
 1559         2. A school of hope is in compliance with subparagraph 1.
 1560  if it is operated by a nonprofit entity designated as a local
 1561  education agency and if the nonprofit submits to each school
 1562  district in which it operates a school of hope:
 1563         a. A concise, uniform, quarterly financial statement
 1564  summary sheet that contains a balance sheet summarizing the
 1565  revenue, expenditures, and changes in fund balance for the
 1566  entity and for its schools of hope within the school district.
 1567         b. An annual financial audit of the nonprofit which
 1568  includes all schools of hope it operates within this state and
 1569  which complies with s. 218.39 regarding audits of a school
 1570  board.
 1571         (7) FACILITIES.—
 1572         (d) No later than January October 1, the department each
 1573  school district shall annually provide to school districts the
 1574  Department of Education a list of all underused, vacant, or
 1575  surplus facilities owned or operated by the school district as
 1576  reported in the Florida Inventory of School Houses. A school
 1577  district may provide evidence to the department that the list
 1578  contains errors or omissions within 30 days after receipt of the
 1579  list. By each April 1, the department shall update and publish a
 1580  final list of all underused, vacant, or surplus facilities owned
 1581  or operated by each school district, based upon updated
 1582  information provided by each school district. A hope operator
 1583  establishing a school of hope may use an educational facility
 1584  identified in this paragraph at no cost or at a mutually
 1585  agreeable cost not to exceed $600 per student. A hope operator
 1586  using a facility pursuant to this paragraph may not sell or
 1587  dispose of such facility without the written permission of the
 1588  school district. For purposes of this paragraph, the term
 1589  “underused, vacant, or surplus facility” means an entire
 1590  facility or portion thereof which is not fully used or is used
 1591  irregularly or intermittently by the school district for
 1592  instructional or program use.
 1593         (9) FUNDING.—
 1594         (e) For a nonprofit entity designated by the department as
 1595  a local education agency pursuant to paragraph (6)(h), any
 1596  unrestricted current and capital assets identified in the annual
 1597  financial audit required by sub-subparagraph (6)(h)2.b. may be
 1598  used for any other school of hope operated by the local
 1599  education agency within the same district. Unrestricted current
 1600  assets shall be used in accordance with s. 1011.62, and any
 1601  unrestricted capital assets shall be used in accordance with s.
 1602  1013.62(2).
 1603         Section 7. Paragraph (d) of subsection (1) and paragraph
 1604  (a) of subsection (2) of section 1002.45, Florida Statutes, are
 1605  amended to read:
 1606         1002.45 Virtual instruction programs.—
 1607         (1) PROGRAM.—
 1608         (d) A virtual charter school may provide full-time or part
 1609  time virtual instruction for students in kindergarten through
 1610  grade 12 if the virtual charter school has a charter approved
 1611  pursuant to s. 1002.33 authorizing full-time virtual
 1612  instruction. A virtual charter school may:
 1613         1. Contract with the Florida Virtual School.
 1614         2. Contract with an approved provider under subsection (2).
 1615         3. Enter into an agreement with a school district to allow
 1616  the participation of the virtual charter school’s students in
 1617  the school district’s virtual instruction program. The agreement
 1618  must indicate a process for reporting of student enrollment and
 1619  the transfer of funds required by paragraph (7)(e).
 1621         (a) The department shall annually publish online a list of
 1622  providers approved to offer virtual instruction programs. To be
 1623  approved by the department, a provider must document that it:
 1624         1. Is nonsectarian in its programs, admission policies,
 1625  employment practices, and operations;
 1626         2. Complies with the antidiscrimination provisions of s.
 1627  1000.05;
 1628         3. Locates an administrative office or offices in this
 1629  state, requires its administrative staff to be state residents,
 1630  requires all instructional staff to be Florida-certified
 1631  teachers under chapter 1012 and conducts background screenings
 1632  for all employees or contracted personnel, as required by s.
 1633  1012.32, using state and national criminal history records;
 1634         4. Provides to parents and students specific information
 1635  posted and accessible online that includes, but is not limited
 1636  to, the following teacher-parent and teacher-student contact
 1637  information for each course:
 1638         a. How to contact the instructor via phone, e-mail, or
 1639  online messaging tools.
 1640         b. How to contact technical support via phone, e-mail, or
 1641  online messaging tools.
 1642         c. How to contact the administration office via phone, e
 1643  mail, or online messaging tools.
 1644         d. Any requirement for regular contact with the instructor
 1645  for the course and clear expectations for meeting the
 1646  requirement.
 1647         e. The requirement that the instructor in each course must,
 1648  at a minimum, conduct one contact via phone with the parent and
 1649  the student each month;
 1650         5. Possesses prior, successful experience offering online
 1651  courses to elementary, middle, or high school students as
 1652  demonstrated by quantified student learning gains in each
 1653  subject area and grade level provided for consideration as an
 1654  instructional program option. However, for a provider without
 1655  sufficient prior, successful experience offering online courses,
 1656  the department may conditionally approve the provider to offer
 1657  courses measured pursuant to subparagraph (8)(a)2. Conditional
 1658  approval shall be valid for 1 school year only and, based on the
 1659  provider’s experience in offering the courses, the department
 1660  shall determine whether to grant approval to offer a virtual
 1661  instruction program;
 1662         6. Is accredited by a regional accrediting association as
 1663  defined by State Board of Education rule;
 1664         7. Ensures instructional and curricular quality through a
 1665  detailed curriculum and student performance accountability plan
 1666  that addresses every subject and grade level it intends to
 1667  provide through contract with the school district, including:
 1668         a. Courses and programs that meet the standards of the
 1669  International Association for K-12 Online Learning and the
 1670  Southern Regional Education Board.
 1671         b. Instructional content and services that align with, and
 1672  measure student attainment of, student proficiency in the Next
 1673  Generation Sunshine State Standards.
 1674         c. Mechanisms that determine and ensure that a student has
 1675  satisfied requirements for grade level promotion and high school
 1676  graduation with a standard diploma, as appropriate;
 1677         8. Publishes for the general public, in accordance with
 1678  disclosure requirements adopted in rule by the State Board of
 1679  Education, as part of its application as a provider and in all
 1680  contracts negotiated pursuant to this section:
 1681         a. Information and data about the curriculum of each full
 1682  time and part-time program.
 1683         b. School policies and procedures.
 1684         c. Certification status and physical location of all
 1685  administrative and instructional personnel.
 1686         d. Hours and times of availability of instructional
 1687  personnel.
 1688         e. Student-teacher ratios.
 1689         f. Student completion and promotion rates.
 1690         g. Student, educator, and school performance accountability
 1691  outcomes;
 1692         9. If the provider is a Florida College System institution,
 1693  employs instructors who meet the certification requirements for
 1694  instructional staff under chapter 1012; and
 1695  10. Performs an annual financial audit of its accounts and
 1696  records conducted by an independent certified public accountant
 1697  which is in accordance with rules adopted by the Auditor
 1698  General, is conducted in compliance with generally accepted
 1699  auditing standards, and includes a report on financial
 1700  statements presented in accordance with generally accepted
 1701  accounting principles.
 1702         Section 8. Subsection (2) of section 1002.455, Florida
 1703  Statutes, is amended to read:
 1704         1002.455 Student eligibility for K-12 virtual instruction.
 1705  All students, including home education and private school
 1706  students, are eligible to participate in any of the following
 1707  virtual instruction options:
 1708         (2) Part-time or full-time virtual charter school
 1709  instruction authorized under s. 1002.33 to students within the
 1710  school district or to students in other school districts
 1711  throughout the state pursuant to s. 1002.31.
 1712         Section 9. Section 1003.225, Florida Statutes, is created
 1713  to read:
 1714         1003.225 Water safety and swimming certification.—
 1715         (1) For the purposes of this section, the term “water
 1716  safety” means age-appropriate education intended to promote
 1717  safety in, on, and around bodies of water and reduce the risk of
 1718  injury or drowning.
 1719         (2) Beginning with the 2022-2023 school year, each public
 1720  school shall provide, to a parent who initially enrolls his or
 1721  her child in the school, information on the important role water
 1722  safety education courses and swimming lessons play in saving
 1723  lives. The information must be provided electronically or in
 1724  hard copy and must include local options for age-appropriate
 1725  water safety courses and swimming lessons that result in a
 1726  certificate indicating successful completion, including courses
 1727  and lessons offered for free or at a reduced price. If the
 1728  student is 18 years of age or older, or is under the age of 21
 1729  and is enrolling in adult education classes, the information
 1730  must be provided to the student.
 1731         Section 10. Paragraph (a) of subsection (1) of section
 1732  1003.493, Florida Statutes, is amended to read:
 1733         1003.493 Career and professional academies and career
 1734  themed courses.—
 1735         (1)(a) A “career and professional academy” is a research
 1736  based program that integrates a rigorous academic curriculum
 1737  with an industry-specific curriculum aligned directly to
 1738  priority workforce needs established by the local workforce
 1739  development board or the Department of Economic Opportunity.
 1740  Career and professional academies shall be offered by public
 1741  schools and school districts. Career and professional academies
 1742  may be offered by charter schools. The Florida Virtual School is
 1743  encouraged to develop and offer rigorous career and professional
 1744  courses as appropriate. Students completing career and
 1745  professional academy programs must receive a standard high
 1746  school diploma, the highest available industry certification,
 1747  and opportunities to earn postsecondary credit if the academy
 1748  partners with a postsecondary institution approved to operate in
 1749  the state.
 1750         Section 11. Paragraph (g) of subsection (2) of section
 1751  1003.621, Florida Statutes, is amended to read:
 1752         1003.621 Academically high-performing school districts.—It
 1753  is the intent of the Legislature to recognize and reward school
 1754  districts that demonstrate the ability to consistently maintain
 1755  or improve their high-performing status. The purpose of this
 1756  section is to provide high-performing school districts with
 1757  flexibility in meeting the specific requirements in statute and
 1758  rules of the State Board of Education.
 1759         (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically
 1760  high-performing school district shall comply with all of the
 1761  provisions in chapters 1000-1013, and rules of the State Board
 1762  of Education which implement these provisions, pertaining to the
 1763  following:
 1764         (g) Those statutes pertaining to planning and budgeting,
 1765  including chapter 1011, except s. 1011.62(9)(d), relating to the
 1766  requirement for a comprehensive reading plan. A district that is
 1767  exempt from submitting a comprehensive reading this plan shall
 1768  be deemed approved to receive the research-based reading
 1769  instruction allocation. Each academically high-performing school
 1770  district may provide up to 2 days of virtual instruction as part
 1771  of the required 180 actual teaching days or the equivalent on an
 1772  hourly basis each school year, as specified by rules of the
 1773  State Board of Education. Virtual instruction that is conducted
 1774  in accordance with the plan approved by the department, is
 1775  teacher-developed, and is aligned with the standards for
 1776  enrolled courses complies with s. 1011.60(2). The day or days
 1777  must be indicated on the calendar approved by the school board.
 1778  The district shall submit a plan for each day of virtual
 1779  instruction to the department for approval, in a format
 1780  prescribed by the department, with assurances of alignment to
 1781  statewide student standards as described in s. 1003.41 before
 1782  the start of each school year.
 1783         Section 12. Section 1006.205, Florida Statutes, is created
 1784  to read:
 1785         1006.205 Fairness in Women’s Sports Act.—
 1786         (1) SHORT TITLE.—This section may be cited as the “Fairness
 1787  in Women’s Sports Act.”
 1789         (a) It is the intent of the Legislature to maintain
 1790  opportunities for female athletes to demonstrate their strength,
 1791  skills, and athletic abilities and to provide them with
 1792  opportunities to obtain recognition and accolades, college
 1793  scholarships, and the numerous other long-term benefits that
 1794  result from participating and competing in athletic endeavors.
 1795         (b) The Legislature finds that maintaining the fairness for
 1796  women athletic opportunities is an important state interest. The
 1797  Legislature finds that requiring the designation of separate
 1798  sex-specific athletic teams or sports is necessary to maintain
 1799  fairness for women’s athletic opportunities.
 1801         (a) Interscholastic, intercollegiate, intramural, or club
 1802  athletic teams or sports that are sponsored by a public
 1803  secondary school or public postsecondary institution must be
 1804  expressly designated as one of the following based on the
 1805  biological sex at birth of team members:
 1806         1. Males, men, or boys;
 1807         2. Females, women, or girls; or
 1808         3. Coed or mixed, including both males and females.
 1809         (b) Athletic teams or sports designated for males, men, or
 1810  boys may be open to students of the female sex.
 1811         (c) Athletic teams or sports designated for females, women,
 1812  or girls may not be open to students of the male sex.
 1813         (d) For purposes of this section, a statement of a
 1814  student’s biological sex on the student’s official birth
 1815  certificate is considered to have correctly stated the student’s
 1816  biological sex at birth if the statement was filed at or near
 1817  the time of the student’s birth.
 1819         (a) Any student who is deprived of an athletic opportunity
 1820  or suffers any direct or indirect harm as a result of a
 1821  violation of this section shall have a private cause of action
 1822  for injunctive relief, damages, and any other relief available
 1823  under law against the school or public postsecondary
 1824  institution.
 1825         (b) Any student who is subject to retaliation or other
 1826  adverse action by a school, public postsecondary institution, or
 1827  athletic association or organization as a result of reporting a
 1828  violation of this section to an employee or representative of
 1829  the school, institution, or athletic association or
 1830  organization, or to any state or federal agency with oversight
 1831  of schools or public postsecondary institutions in the state,
 1832  shall have a private cause of action for injunctive relief,
 1833  damages, and any other relief available under law against the
 1834  school, institution, or athletic association or organization.
 1835         (c) Any school or public postsecondary institution that
 1836  suffers any direct or indirect harm as a result of a violation
 1837  of this section shall have a private cause of action for
 1838  injunctive relief, damages, and any other relief available under
 1839  law against the governmental entity, licensing or accrediting
 1840  organization, or athletic association or organization.
 1841         (d) All civil actions brought under this section must be
 1842  initiated within 2 years after the alleged harm occurred.
 1843  Persons or organizations who prevail on a claim brought under
 1844  this section shall be entitled to monetary damages, including
 1845  for any psychological, emotional, or physical harm suffered,
 1846  reasonable attorney fees and costs, and any other appropriate
 1847  relief.
 1848         Section 13. Present subsection (3) of section 1008.3415,
 1849  Florida Statutes, is redesignated as subsection (4), and a new
 1850  subsection (3) is added to that section, to read:
 1851         1008.3415 School grade or school improvement rating for
 1852  exceptional student education centers.—
 1853         (3) A charter school that is an exceptional student
 1854  education center and that receives two consecutive ratings of
 1855  “maintaining” or higher may replicate its educational program
 1856  under s. 1002.331(3). The Commissioner of Education, upon
 1857  request by a charter school, shall verify that the charter
 1858  school meets the requirements of this subsection and provide a
 1859  letter to the charter school and the sponsor stating that the
 1860  charter school may replicate its educational program in the same
 1861  manner as a high-performing charter school under s. 1002.331(3).
 1862         Section 14. Present paragraphs (a) through (d) of
 1863  subsection (6) of section 1009.30, Florida Statutes, as created
 1864  by CS/CS/SB 52, 2021 Regular Session, are redesignated as
 1865  paragraphs (b) through (e), respectively, and a new paragraph
 1866  (a) is added to that section, to read:
 1867         1009.30 Dual Enrollment Scholarship Program.—
 1868         (6)(a)School district career centers shall be reimbursed
 1869  at the in-state resident tuition rate established in s.
 1870  1009.22(3)(c).
 1871         Section 15. Subsection (2) of section 1009.52, Florida
 1872  Statutes, is amended to read:
 1873         1009.52 Florida Postsecondary Student Assistance Grant
 1874  Program; eligibility for grants.—
 1875         (2)(a) Florida postsecondary student assistance grants may
 1876  be made only to full-time degree-seeking students who meet the
 1877  general requirements for student eligibility as provided in s.
 1878  1009.40, except as otherwise provided in this section. Such
 1879  grants shall be awarded for the amount of demonstrated unmet
 1880  need for tuition and fees and may not exceed the maximum annual
 1881  award amount specified in the General Appropriations Act. A
 1882  demonstrated unmet need of less than $200 shall render the
 1883  applicant ineligible for a Florida postsecondary student
 1884  assistance grant.
 1885         (a)Awards may be made to full-time degree-seeking students
 1886  who Recipients of such grants must have been accepted at a
 1887  postsecondary institution that is located in this state and that
 1888  is:
 1889         1. A private nursing diploma school approved by the Florida
 1890  Board of Nursing; or
 1891         2. A college or university licensed by the Commission for
 1892  Independent Education, excluding those institutions the students
 1893  of which are eligible to receive a Florida private student
 1894  assistance grant pursuant to s. 1009.51.
 1895         (b)Awards may be made to full-time certificate-seeking
 1896  students who have been accepted at an aviation maintenance
 1897  school that is located in this state, certified by the Federal
 1898  Aviation Administration, and licensed by the Commission for
 1899  Independent Education. Such student’s eligibility for the
 1900  renewal of an award shall be evaluated at the end of the
 1901  completion of 900 clock hours and, as a condition of renewal,
 1902  the student shall meet the requirements under s. 1009.40(1)(b).
 1903         (c) If funds are available, a student who received an award
 1904  in the fall or spring term may receive an award in the summer
 1905  term. Priority in the distribution of summer awards shall be
 1906  given to students who are within one semester, or equivalent, of
 1907  completing a degree or certificate program. No student may
 1908  receive an award for more than the equivalent of 9 semesters or
 1909  14 quarters of full-time enrollment, except as otherwise
 1910  provided in s. 1009.40(3). A student specified in paragraph (b)
 1911  is eligible for an award of up to 110 percent of the number of
 1912  clock hours required to complete the program in which the
 1913  student is enrolled.
 1914         (d)(b) A student applying for a Florida postsecondary
 1915  student assistance grant shall be required to apply for the Pell
 1916  Grant. The Pell Grant entitlement shall be considered when
 1917  conducting an assessment of the financial resources available to
 1918  each student.
 1919         (e)(c) Priority in the distribution of grant moneys may be
 1920  given to students who are within one semester, or equivalent, of
 1921  completing a degree or certificate program. An institution may
 1922  not make a grant from this program to a student whose expected
 1923  family contribution exceeds one and one-half times the maximum
 1924  Pell Grant-eligible family contribution. An institution may not
 1925  impose additional criteria to determine a student’s eligibility
 1926  to receive a grant award.
 1927         (f)(d) Each participating institution shall report to the
 1928  department by the established date the students eligible for the
 1929  program for each academic term. Each institution shall also
 1930  report to the department necessary demographic and eligibility
 1931  data for such students.
 1932         Section 16. Subsection (2) of section 1012.32, Florida
 1933  Statutes, is amended to read:
 1934         1012.32 Qualifications of personnel.—
 1935         (2)(a) Instructional and noninstructional personnel who are
 1936  hired or contracted to fill positions that require direct
 1937  contact with students in any district school system or
 1938  university lab school must, upon employment or engagement to
 1939  provide services, undergo background screening as required under
 1940  s. 1012.465 or s. 1012.56, whichever is applicable.
 1941         (b)1. Instructional and noninstructional personnel who are
 1942  hired or contracted to fill positions in a any charter school
 1943  other than a school of hope as defined in s. 1002.333, and
 1944  members of the governing board of such any charter school, in
 1945  compliance with s. 1002.33(12)(g), must, upon employment,
 1946  engagement of services, or appointment, shall undergo background
 1947  screening as required under s. 1012.465 or s. 1012.56, whichever
 1948  is applicable, by filing with the district school board for the
 1949  school district in which the charter school is located a
 1950  complete set of fingerprints taken by an authorized law
 1951  enforcement agency or an employee of the school or school
 1952  district who is trained to take fingerprints.
 1953         2. Instructional and noninstructional personnel who are
 1954  hired or contracted to fill positions in a school of hope as
 1955  defined in s. 1002.333, and members of the governing board of
 1956  such school of hope, shall file with the school of hope a
 1957  complete set of fingerprints taken by an authorized law
 1958  enforcement agency, by an employee of the school of hope or
 1959  school district who is trained to take fingerprints, or by any
 1960  other entity recognized by the Department of Law Enforcement to
 1961  take fingerprints.
 1962         (c) Instructional and noninstructional personnel who are
 1963  hired or contracted to fill positions that require direct
 1964  contact with students in an alternative school that operates
 1965  under contract with a district school system must, upon
 1966  employment or engagement to provide services, undergo background
 1967  screening as required under s. 1012.465 or s. 1012.56, whichever
 1968  is applicable, by filing with the district school board for the
 1969  school district to which the alternative school is under
 1970  contract a complete set of fingerprints taken by an authorized
 1971  law enforcement agency or an employee of the school or school
 1972  district who is trained to take fingerprints.
 1973         (d) Student teachers and persons participating in a field
 1974  experience pursuant to s. 1004.04(5) or s. 1004.85 in any
 1975  district school system, lab school, or charter school must, upon
 1976  engagement to provide services, undergo background screening as
 1977  required under s. 1012.56.
 1979  Required fingerprints must shall be submitted to the Department
 1980  of Law Enforcement for statewide criminal and juvenile records
 1981  checks and to the Federal Bureau of Investigation for federal
 1982  criminal records checks. A person subject to this subsection who
 1983  is found ineligible for employment under s. 1012.315, or
 1984  otherwise found through background screening to have been
 1985  convicted of any crime involving moral turpitude as defined by
 1986  rule of the State Board of Education, shall not be employed,
 1987  engaged to provide services, or serve in any position that
 1988  requires direct contact with students. Probationary persons
 1989  subject to this subsection terminated because of their criminal
 1990  record have the right to appeal such decisions. The cost of the
 1991  background screening may be borne by the district school board,
 1992  the charter school, the employee, the contractor, or a person
 1993  subject to this subsection. A district school board shall
 1994  reimburse a charter school the cost of background screening if
 1995  it does not notify the charter school of the eligibility of a
 1996  governing board member or instructional or noninstructional
 1997  personnel within the earlier of 14 days after receipt of the
 1998  background screening results from the Florida Department of Law
 1999  Enforcement or 30 days of submission of fingerprints by the
 2000  governing board member or instructional or noninstructional
 2001  personnel.
 2002         Section 17. Paragraph (a) of subsection (1) of section
 2003  1013.62, Florida Statutes, is amended to read:
 2004         1013.62 Charter schools capital outlay funding.—
 2005         (1) For the 2020-2021 fiscal year, charter school capital
 2006  outlay funding shall consist of state funds appropriated in the
 2007  2020-2021 General Appropriations Act. Beginning in fiscal year
 2008  2021-2022, charter school capital outlay funding shall consist
 2009  of state funds when such funds are appropriated in the General
 2010  Appropriations Act and revenue resulting from the discretionary
 2011  millage authorized in s. 1011.71(2) if the amount of state funds
 2012  appropriated for charter school capital outlay in any fiscal
 2013  year is less than the average charter school capital outlay
 2014  funds per unweighted full-time equivalent student for the 2018
 2015  2019 fiscal year, multiplied by the estimated number of charter
 2016  school students for the applicable fiscal year, and adjusted by
 2017  changes in the Consumer Price Index issued by the United States
 2018  Department of Labor from the previous fiscal year. Nothing in
 2019  this subsection prohibits a school district from distributing to
 2020  charter schools funds resulting from the discretionary millage
 2021  authorized in s. 1011.71(2).
 2022         (a) To be eligible to receive capital outlay funds, a
 2023  charter school must:
 2024         1.a. Have been in operation for 2 or more years;
 2025         b. Be governed by a governing board established in the
 2026  state for 2 or more years which operates both charter schools
 2027  and conversion charter schools within the state;
 2028         c. Be an expanded feeder chain of a charter school within
 2029  the same school district that is currently receiving charter
 2030  school capital outlay funds;
 2031         d. Have been accredited by a regional accrediting
 2032  association as defined by State Board of Education rule; or
 2033         e. Serve students in facilities that are provided by a
 2034  business partner for a charter school-in-the-workplace pursuant
 2035  to s. 1002.33(15)(b); or
 2036         f. Be operated by a hope operator pursuant to s. 1002.333.
 2037         2. Have an annual audit that does not reveal any of the
 2038  financial emergency conditions provided in s. 218.503(1) for the
 2039  most recent fiscal year for which such audit results are
 2040  available.
 2041         3. Have satisfactory student achievement based on state
 2042  accountability standards applicable to the charter school.
 2043         4. Have received final approval from its sponsor pursuant
 2044  to s. 1002.33 for operation during that fiscal year.
 2045  5. Serve students in facilities that are not provided by the
 2046  charter school’s sponsor.
 2047         Section 18. (1)Notwithstanding s. 1008.25, Florida
 2048  Statutes, a parent or guardian may request that his or her K-5
 2049  public school student be retained for the 2021-2022 school year
 2050  in the grade level to which the student was assigned at the
 2051  beginning of the 2020-2021 school year, provided that such
 2052  request is made for academic reasons.
 2053         (a) A parent or guardian who wishes for his or her student
 2054  to be retained as provided by this act must submit, in writing,
 2055  to the school principal a retention request that specifies the
 2056  academic reasons for the retention. Only requests received by
 2057  the principal on or before June 30, 2021, must be considered. A
 2058  principal may consider a request received after that date at his
 2059  or her discretion.
 2060         (b)1. A principal who considers a retention request
 2061  submitted pursuant to this subsection shall inform the student’s
 2062  teachers of the retention request and collaboratively discuss
 2063  with the parent or guardian any basis for agreement or
 2064  disagreement with the request. As part of the discussion with
 2065  the parent or guardian, the principal shall disclose that
 2066  retention may impact the student’s eligibility to participate in
 2067  high school interscholastic or intrascholastic sports due to the
 2068  student’s age.
 2069         2. In lieu of retention, the principal, teachers, and
 2070  parent or guardian may collaborate to develop a customized 1
 2071  year education plan for the student with the intent of helping
 2072  the student return to grade level readiness by the end of the
 2073  next academic year. Such plan may include, but need not be
 2074  limited to, supplemental educational support, services, and
 2075  interventions; summer education; promotion in some, but not all,
 2076  courses; and midyear promotion.
 2077         3. The parent’s or guardian’s decision to promote or retain
 2078  his or her student after discussing the retention request with
 2079  the principal shall control. The parent or guardian must sign a
 2080  form provided by the principal indicating the parent or
 2081  guardian’s decision and acknowledging the academic and athletic
 2082  ramifications of his or her decision. This form must be retained
 2083  in the student’s record.
 2084         (c) If a student retained under this subsection has an
 2085  individual education plan (IEP) in effect, the student’s IEP
 2086  team must convene to review and revise the student’s IEP, as
 2087  appropriate.
 2088         (d) By June 30, 2022, school districts shall report to the
 2089  Department of Education the number of students retained pursuant
 2090  to this act for all or part of the 2021-2022 school year.
 2091         (2) This section shall take effect upon becoming a law.
 2092         Section 19. If any provision of this act or its application
 2093  to any person or circumstance is held invalid, the invalidity
 2094  does not affect other provisions or applications of the act
 2095  which can be given effect without the invalid provision or
 2096  application, and to this end the provisions of this act are
 2097  severable.
 2098         Section 20. Effective upon this act becoming a law, section
 2099  3 of chapter 2020-28, Laws of Florida, is amended to read:
 2100         Section 3. This act shall take effect July 1, 2022 2021.
 2101         Section 21. The amendment of s. 1009.30, Florida Statutes,
 2102  by this act shall take effect only if CS/CS/SB 52, 2021 Regular
 2103  Session, or similar legislation takes effect and if such
 2104  legislation is adopted in the same legislative session or an
 2105  extension thereof and becomes a law.
 2106         Section 22. Except as otherwise expressly provided in this
 2107  act and except for this section, which shall take effect upon
 2108  becoming a law, this act shall take effect July 1, 2021.