Florida Senate - 2022 CS for CS for SB 758
By the Committees on Appropriations; and Education; and Senator
Diaz
576-03372-22 2022758c2
1 A bill to be entitled
2 An act relating to education; creating s. 1002.3301,
3 F.S.; establishing the Charter School Review
4 Commission within the Department of Education;
5 providing the purpose of the commission; specifying
6 membership of the commission and the duration of
7 members’ terms; requiring the Commissioner of
8 Education to appoint members; providing that a
9 majority of the commission members constitutes a
10 quorum; providing that the commission has the same
11 powers and duties as sponsors do in reviewing and
12 approving charter schools; designating the district
13 school board where a proposed charter school will be
14 located as the school’s sponsor and supervisor;
15 requiring a district school board to take specified
16 actions within a certain timeframe regarding the
17 commission’s granting of a charter school application;
18 requiring a charter school applicant to provide a
19 school district with a copy of the application within
20 a specified timeframe; authorizing the school district
21 to provide input to the commission within a specified
22 timeframe; requiring the commission to consider such
23 input; providing for the appeal of commission
24 decisions; amending s. 1002.33, F.S.; providing
25 legislative intent; authorizing the commission to
26 solicit and review charter school applications;
27 requiring that the district school board that oversees
28 the school district where a charter school approved by
29 the commission will be located shall serve as the
30 charter school’s sponsor; prohibiting sponsors from
31 imposing additional reporting requirements on a
32 charter school so long as the charter school meets
33 specified requirements; revising the terms and
34 conditions for charter renewal; revising the procedure
35 and causes for nonrenewal or termination of a charter;
36 providing that any facility may provide space to
37 charter schools under its existing zoning and land use
38 designations without obtaining a special exception,
39 rezoning, or a land use change; requiring that
40 educational impact fees required to be paid in
41 connection with new residential dwelling units be
42 designated instead for the construction of charter
43 school facilities; requiring the Office of Program
44 Policy Analysis and Government Accountability to
45 conduct an analysis of charter school capital outlay
46 and submit a report to the Governor and the
47 Legislature by a specified date; providing an
48 effective date.
49
50 Be It Enacted by the Legislature of the State of Florida:
51
52 Section 1. Section 1002.3301, Florida Statutes, is created
53 to read:
54 1002.3301 Charter School Review Commission.—The Charter
55 School Review Commission is created within the Department of
56 Education to review and approve applications for charter schools
57 overseen by district school boards.
58 (1) The commission shall consist of seven members who have
59 charter school experience, selected by the Commissioner of
60 Education and subject to confirmation by the Senate. The
61 commissioner shall designate one member as the chair. Each
62 member shall be appointed to a 4-year term. However, for the
63 purpose of achieving staggered terms, of the initial
64 appointments, three members shall be appointed to 2-year terms
65 and four members shall be appointed to 4-year terms. All
66 subsequent appointments shall be for 4-year terms. A majority of
67 the members of the commission constitutes a quorum.
68 (2) The commission has the same powers and duties as
69 sponsors pursuant to s. 1002.33 in regard to reviewing and
70 approving charter schools.
71 (3) The district school board of the school district where
72 the proposed charter school will be located shall be the sponsor
73 of and supervisor for the new charter school and shall provide
74 an initial proposed charter contract to the charter school
75 pursuant to s. 1002.33(7)(b) within 30 calendar days after the
76 commission’s decision granting an application.
77 (4) Within 3 calendar days after an applicant submits an
78 application for a charter school to the commission, the
79 applicant shall also provide the application to the school
80 district where the proposed charter school will be located.
81 Within 30 calendar days after receiving a copy of the
82 application, the school district may provide input to the
83 commission on a form prescribed by the department. The
84 commission must consider such input in reviewing the
85 application.
86 (5) The decisions of the commission may be appealed in
87 accordance with s. 1002.33(6)(c).
88 Section 2. Subsection (2), paragraphs (a) and (b) of
89 subsection (5), paragraph (c) of subsection (7), paragraph (a)
90 of subsection (8), and paragraphs (c) and (f) of subsection (18)
91 of section 1002.33, Florida Statutes, are amended, to read:
92 1002.33 Charter schools.—
93 (2) GUIDING PRINCIPLES; PURPOSE; LEGISLATIVE INTENT.—
94 (a) Charter schools in Florida shall be guided by the
95 following principles:
96 1. Meet high standards of student achievement while
97 providing parents flexibility to choose among diverse
98 educational opportunities within this the state’s public school
99 system.
100 2. Promote enhanced academic success and financial
101 efficiency by aligning responsibility with accountability.
102 3. Provide parents with sufficient information on whether
103 their child is reading at grade level and whether the child
104 gains at least a year’s worth of learning for every year spent
105 in the charter school.
106 (b) Charter schools shall fulfill the following purposes:
107 1. Improve student learning and academic achievement.
108 2. Increase learning opportunities for all students, with
109 special emphasis on low-performing students and reading.
110 3. Encourage the use of innovative learning methods.
111 4. Require the measurement of learning outcomes.
112 (c) Charter schools may fulfill the following purposes:
113 1. Create innovative measurement tools.
114 2. Provide rigorous competition within the public school
115 system to stimulate continual improvement in all public schools.
116 3. Expand the capacity of the public school system.
117 4. Mitigate the educational impact created by the
118 development of new residential dwelling units.
119 5. Create new professional opportunities for teachers,
120 including ownership of the learning program at the school site.
121 (d) It is the intent of the Legislature that charter school
122 students be considered as important as all other students in
123 this state and, to that end, comparable funding levels from
124 existing and future sources should be maintained for charter
125 school students.
126 (5) SPONSOR; DUTIES.—
127 (a) Sponsoring entities.—
128 1. A district school board may sponsor a charter school in
129 the county over which the district school board has
130 jurisdiction.
131 2. A state university may grant a charter to a lab school
132 created under s. 1002.32 and shall be considered to be the
133 school’s sponsor. Such school shall be considered a charter lab
134 school.
135 3. Because needs relating to educational capacity,
136 workforce qualifications, and career education opportunities are
137 constantly changing and extend beyond school district
138 boundaries:
139 a. A state university may, upon approval by the Department
140 of Education, solicit applications and sponsor a charter school
141 to meet regional education or workforce demands by serving
142 students from multiple school districts.
143 b. A Florida College System institution may, upon approval
144 by the Department of Education, solicit applications and sponsor
145 a charter school in any county within its service area to meet
146 workforce demands and may offer postsecondary programs leading
147 to industry certifications to eligible charter school students.
148 A charter school established under subparagraph (b)4. may not be
149 sponsored by a Florida College System institution until its
150 existing charter with the school district expires as provided
151 under subsection (7).
152 c. Notwithstanding paragraph (6)(b), a state university or
153 Florida College System institution may, at its discretion, deny
154 an application for a charter school.
155 d. The Charter School Review Commission, as authorized
156 under s. 1002.3301, may solicit and review applications for
157 charter schools overseen by district school boards, and upon the
158 commission approving an application, the district school board
159 that oversees the school district where the charter school will
160 be located shall serve as sponsor.
161 (b) Sponsor duties.—
162 1.a. The sponsor shall monitor and review the charter
163 school in its progress toward the goals established in the
164 charter.
165 b. The sponsor shall monitor the revenues and expenditures
166 of the charter school and perform the duties provided in s.
167 1002.345.
168 c. The sponsor may approve a charter for a charter school
169 before the applicant has identified space, equipment, or
170 personnel, if the applicant indicates approval is necessary for
171 it to raise working funds.
172 d. The sponsor may shall not apply its policies to a
173 charter school unless mutually agreed to by both the sponsor and
174 the charter school. If the sponsor subsequently amends any
175 agreed-upon sponsor policy, the version of the policy in effect
176 at the time of the execution of the charter, or any subsequent
177 modification thereof, shall remain in effect and the sponsor may
178 not hold the charter school responsible for any provision of a
179 newly revised policy until the revised policy is mutually agreed
180 upon.
181 e. The sponsor shall ensure that the charter is innovative
182 and consistent with the state education goals established by s.
183 1000.03(5).
184 f. The sponsor shall ensure that the charter school
185 participates in the state’s education accountability system. If
186 a charter school falls short of performance measures included in
187 the approved charter, the sponsor shall report such shortcomings
188 to the Department of Education.
189 g. The sponsor is shall not be liable for civil damages
190 under state law for personal injury, property damage, or death
191 resulting from an act or omission of an officer, employee,
192 agent, or governing body of the charter school.
193 h. The sponsor is shall not be liable for civil damages
194 under state law for any employment actions taken by an officer,
195 employee, agent, or governing body of the charter school.
196 i. The sponsor’s duties to monitor the charter school do
197 shall not constitute the basis for a private cause of action.
198 j. The sponsor may shall not impose additional reporting
199 requirements on a charter school as long as the charter school
200 has not been identified as having a deteriorating financial
201 condition or financial emergency pursuant to s. 1002.345 without
202 providing reasonable and specific justification in writing to
203 the charter school.
204 k. The sponsor shall submit an annual report to the
205 Department of Education in a web-based format to be determined
206 by the department.
207 (I) The report shall include the following information:
208 (A) The number of applications received during the school
209 year and up to August 1 and each applicant’s contact
210 information.
211 (B) The date each application was approved, denied, or
212 withdrawn.
213 (C) The date each final contract was executed.
214 (II) Annually, by November 1, the sponsor shall submit to
215 the department the information for the applications submitted
216 the previous year.
217 (III) The department shall compile an annual report, by
218 sponsor, and post the report on its website by January 15 of
219 each year.
220 2. Immunity for the sponsor of a charter school under
221 subparagraph 1. applies only with respect to acts or omissions
222 not under the sponsor’s direct authority as described in this
223 section.
224 3. This paragraph does not waive a sponsor’s sovereign
225 immunity.
226 4. A Florida College System institution may work with the
227 school district or school districts in its designated service
228 area to develop charter schools that offer secondary education.
229 These charter schools must include an option for students to
230 receive an associate degree upon high school graduation. If a
231 Florida College System institution operates an approved teacher
232 preparation program under s. 1004.04 or s. 1004.85, the
233 institution may operate charter schools that serve students in
234 kindergarten through grade 12 in any school district within the
235 service area of the institution. District school boards shall
236 cooperate with and assist the Florida College System institution
237 on the charter application. Florida College System institution
238 applications for charter schools are not subject to the time
239 deadlines outlined in subsection (6) and may be approved by the
240 district school board at any time during the year. Florida
241 College System institutions may not report FTE for any students
242 participating under this subparagraph who receive FTE funding
243 through the Florida Education Finance Program.
244 5. For purposes of assisting the development of a charter
245 school, a school district may enter into nonexclusive interlocal
246 agreements with federal and state agencies, counties,
247 municipalities, and other governmental entities that operate
248 within the geographical borders of the school district to act on
249 behalf of such governmental entities in the inspection,
250 issuance, and other necessary activities for all necessary
251 permits, licenses, and other permissions that a charter school
252 needs in order for development, construction, or operation. A
253 charter school may use, but may not be required to use, a school
254 district for these services. The interlocal agreement must
255 include, but need not be limited to, the identification of fees
256 that charter schools will be charged for such services. The fees
257 must consist of the governmental entity’s fees plus a fee for
258 the school district to recover no more than actual costs for
259 providing such services. These services and fees are not
260 included within the services to be provided pursuant to
261 subsection (20). Notwithstanding any other provision of law, an
262 interlocal agreement between a school district and a federal or
263 state agency, county, municipality, or other governmental entity
264 which prohibits or limits the creation of a charter school
265 within the geographic borders of the school district is void and
266 unenforceable.
267 6. The board of trustees of a sponsoring state university
268 or Florida College System institution under paragraph (a) is the
269 local educational agency for all charter schools it sponsors for
270 purposes of receiving federal funds and accepts full
271 responsibility for all local educational agency requirements and
272 the schools for which it will perform local educational agency
273 responsibilities. A student enrolled in a charter school that is
274 sponsored by a state university or Florida College System
275 institution may not be included in the calculation of the school
276 district’s grade under s. 1008.34(5) for the school district in
277 which he or she resides.
278 (7) CHARTER.—The terms and conditions for the operation of
279 a charter school shall be set forth by the sponsor and the
280 applicant in a written contractual agreement, called a charter.
281 The sponsor and the governing board of the charter school shall
282 use the standard charter contract pursuant to subsection (21),
283 which shall incorporate the approved application and any addenda
284 approved with the application. Any term or condition of a
285 proposed charter contract that differs from the standard charter
286 contract adopted by rule of the State Board of Education shall
287 be presumed a limitation on charter school flexibility. The
288 sponsor may not impose unreasonable rules or regulations that
289 violate the intent of giving charter schools greater flexibility
290 to meet educational goals. The charter shall be signed by the
291 governing board of the charter school and the sponsor, following
292 a public hearing to ensure community input.
293 (c)1. A charter may be renewed provided that a program
294 review demonstrates that the criteria in paragraph (a) have been
295 successfully accomplished and that none of the grounds for
296 nonrenewal established by paragraph (8)(a) have has been
297 expressly found documented. The charter of a charter school that
298 meets these requirements and has received a school grade lower
299 than a “B” pursuant to s. 1008.34 in the most recently graded
300 school year must be renewed for no less than a 5-year term
301 except as provided in paragraph (9)(n). In order to facilitate
302 long-term financing for charter school construction, charter
303 schools operating for a minimum of 3 years and demonstrating
304 exemplary academic programming and fiscal management are
305 eligible for a 15-year charter renewal. Such long-term charter
306 is subject to annual review and may be terminated during the
307 term of the charter.
308 2. The 15-year charter renewal that may be granted pursuant
309 to subparagraph 1. must shall be granted to a charter school
310 that has received a school grade of “A” or “B” pursuant to s.
311 1008.34 in the most recently graded school year 3 of the past 4
312 years and that is not in a state of financial emergency or
313 deficit position as defined by this section. Such long-term
314 charter is subject to annual review and may be terminated during
315 the term of the charter pursuant to subsection (8).
316 (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.—
317 (a) The sponsor shall make student academic achievement for
318 all students the most important factor when determining whether
319 to renew or terminate the charter. The sponsor may also choose
320 not to renew or may terminate the charter only if the sponsor
321 expressly finds that one of the grounds set forth below exists
322 by clear and convincing evidence:
323 1. Failure to participate in the state’s education
324 accountability system created in s. 1008.31, as required in this
325 section, or failure to meet the requirements for student
326 performance stated in the charter.
327 2. Failure to meet generally accepted standards of fiscal
328 management due to deteriorating financial conditions or
329 financial emergencies determined pursuant to s. 1002.345.
330 3. Material violation of law.
331 4. Other good cause shown.
332 (18) FACILITIES.—
333 (c) Any facility, or portion thereof, used to house a
334 charter school whose charter has been approved by the sponsor
335 and the governing board, pursuant to subsection (7), is shall be
336 exempt from ad valorem taxes pursuant to s. 196.1983 and.
337 Library, community service, museum, performing arts, theatre,
338 cinema, church, Florida College System institution, college, and
339 university facilities may provide space to charter schools
340 within their facilities under the facility’s existing their
341 preexisting zoning and land use designations without obtaining a
342 special exception, rezoning, or a land use change.
343 (f) To the extent that charter school facilities are
344 specifically created to mitigate the educational impact created
345 by the development of new residential dwelling units, pursuant
346 to subparagraph (2)(c)4., some of or all of the educational
347 impact fees required to be paid in connection with the new
348 residential dwelling units must may be designated instead for
349 the construction of the charter school facilities that will
350 mitigate the student station impact. Such facilities shall be
351 built to the State Requirements for Educational Facilities and
352 shall be owned by a public or nonprofit entity. The local school
353 district retains the right to monitor and inspect such
354 facilities to ensure compliance with the State Requirements for
355 Educational Facilities. If a facility ceases to be used for
356 public educational purposes, either the facility shall revert to
357 the school district subject to any debt owed on the facility, or
358 the owner of the facility shall have the option to refund all
359 educational impact fees utilized for the facility to the school
360 district. The district and the owner of the facility may
361 contractually agree to another arrangement for the facilities if
362 the facilities cease to be used for educational purposes. The
363 owner of property planned or approved for new residential
364 dwelling units and the entity levying educational impact fees
365 shall enter into an agreement that designates the educational
366 impact fees that will be allocated for the charter school
367 student stations and that ensures the timely construction of the
368 charter school student stations concurrent with the expected
369 occupancy of the residential units. The application for use of
370 educational impact fees shall include an approved charter school
371 application. To assist the school district in forecasting
372 student station needs, the entity levying the impact fees shall
373 notify the affected district of any agreements it has approved
374 for the purpose of mitigating student station impact from the
375 new residential dwelling units.
376 Section 3. (1) The Office of Program Policy Analysis and
377 Government Accountability shall conduct an analysis of the
378 current methodologies for the distribution of capital outlay
379 funds to charter schools. Based on its analysis, the office
380 shall recommend any changes to provide an equitable allocation
381 of capital outlay funds for all public schools. The analysis
382 must include, at a minimum:
383 (a) An analysis of the calculation methodology for the
384 allocation of state funds appropriated in the General
385 Appropriations Act under s. 1013.62(2), Florida Statutes.
386 (b) An analysis of the calculation methodology to determine
387 the amount of revenue that a school district must distribute to
388 a charter school under s. 1013.62(3), Florida Statutes.
389 (c) For the most recent 3 years, a comparison of the
390 charter school capital outlay amounts between the allocation of
391 state funds and revenue that would result from the discretionary
392 millage authorized under s. 1011.71(2), Florida Statutes.
393 (d) Other state policies and methodologies for the
394 distribution of charter school capital outlay funds.
395 (2) The office shall submit a report of its findings and
396 recommendations to the Governor, the President of the Senate,
397 and the Speaker of the House of Representatives by January 1,
398 2023.
399 Section 4. This act shall take effect July 1, 2022.