Florida Senate - 2023                                     SB 986
       
       
        
       By Senator Burgess
       
       
       
       
       
       23-00391C-23                                           2023986__
    1                        A bill to be entitled                      
    2         An act relating to education; amending s. 1002.33,
    3         F.S.; requiring the Department of Education to develop
    4         a review and evaluation form for charter schools which
    5         meets specified criteria; providing requirements for
    6         training that sponsors must provide to charter
    7         schools; authorizing the department to request that
    8         the State Board of Education withhold funding from a
    9         sponsor under certain conditions; specifying reporting
   10         requirements for sponsors; authorizing the department
   11         to refund a portion of the administrative fee to
   12         charter schools under certain conditions; amending s.
   13         1012.56, F.S.; revising the length of time for which a
   14         statement of status of eligibility is valid; revising
   15         the length of time for which the department may issue
   16         a professional certificate; revising the requirements
   17         needed for a professional certificate; amending s.
   18         1012.71, F.S.; revising the definition of the term
   19         “classroom teacher”; revising how a district school
   20         board calculates teachers’ shares of funds from the
   21         Florida Teachers Classroom Supply Assistance Program;
   22         authorizing a school administrator or substitute
   23         teacher to petition the department for Florida Teacher
   24         Classroom Supply Assistance Program funds under
   25         certain conditions; requiring the department to review
   26         the petition and render a decision within a specified
   27         timeframe; specifying applicability of other program
   28         requirements; providing an effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Paragraph (b) of subsection (5) and paragraph
   33  (a) of subsection (20) of section 1002.33, Florida Statutes, are
   34  amended to read:
   35         1002.33 Charter schools.—
   36         (5) SPONSOR; DUTIES.—
   37         (b) Sponsor duties.—
   38         1.a. The sponsor shall monitor and review the charter
   39  school in its progress toward the goals established in the
   40  charter.
   41         b. The sponsor shall monitor the revenues and expenditures
   42  of the charter school and perform the duties provided in s.
   43  1002.345.
   44         c. The sponsor may approve a charter for a charter school
   45  before the applicant has identified space, equipment, or
   46  personnel, if the applicant indicates approval is necessary for
   47  it to raise working funds.
   48         d. The sponsor may not apply its policies to a charter
   49  school unless mutually agreed to by both the sponsor and the
   50  charter school. If the sponsor subsequently amends any agreed
   51  upon sponsor policy, the version of the policy in effect at the
   52  time of the execution of the charter, or any subsequent
   53  modification thereof, shall remain in effect and the sponsor may
   54  not hold the charter school responsible for any provision of a
   55  newly revised policy until the revised policy is mutually agreed
   56  upon.
   57         e. The sponsor shall ensure that the charter is innovative
   58  and consistent with the state education goals established by s.
   59  1000.03(5).
   60         f. The sponsor shall ensure that the charter school
   61  participates in the state’s education accountability system. If
   62  a charter school falls short of performance measures included in
   63  the approved charter, the sponsor shall report such shortcomings
   64  to the Department of Education.
   65         g. The sponsor is not liable for civil damages under state
   66  law for personal injury, property damage, or death resulting
   67  from an act or omission of an officer, employee, agent, or
   68  governing body of the charter school.
   69         h. The sponsor is not liable for civil damages under state
   70  law for any employment actions taken by an officer, employee,
   71  agent, or governing body of the charter school.
   72         i. The sponsor’s duties to monitor the charter school do
   73  not constitute the basis for a private cause of action.
   74         j. The sponsor may not impose additional reporting
   75  requirements on a charter school as long as the charter school
   76  has not been identified as having a deteriorating financial
   77  condition or financial emergency pursuant to s. 1002.345.
   78         k. The sponsor shall submit an annual report to the
   79  Department of Education in a web-based format to be determined
   80  by the department.
   81         (I) The report shall include the following information:
   82         (A) The number of applications received during the school
   83  year and up to August 1 and each applicant’s contact
   84  information.
   85         (B) The date each application was approved, denied, or
   86  withdrawn.
   87         (C) The date each final contract was executed.
   88         (II) Annually, by November 1, the sponsor shall submit to
   89  the department the information for the applications submitted
   90  the previous year.
   91         (III)(A) The department shall compile an annual report, by
   92  sponsor, and post the report on its website by January 15 of
   93  each year.
   94         (B) The department shall develop a standardized annual
   95  periodic review and evaluation form to be completed by sponsors
   96  which meets the standard charter contract’s or virtual charter
   97  contract’s criteria. Any term or condition of a proposed charter
   98  annual periodic review and evaluation form or proposed virtual
   99  charter annual periodic review and evaluation form which differs
  100  from the standard annual periodic review and evaluation form or
  101  virtual charter annual periodic review and evaluation form
  102  adopted by rule of the State Board of Education shall be
  103  presumed a limitation on charter school flexibility.
  104         2. Immunity for the sponsor of a charter school under
  105  subparagraph 1. applies only with respect to acts or omissions
  106  not under the sponsor’s direct authority as described in this
  107  section.
  108         3. This paragraph does not waive a sponsor’s sovereign
  109  immunity.
  110         4. A Florida College System institution may work with the
  111  school district or school districts in its designated service
  112  area to develop charter schools that offer secondary education.
  113  These charter schools must include an option for students to
  114  receive an associate degree upon high school graduation. If a
  115  Florida College System institution operates an approved teacher
  116  preparation program under s. 1004.04 or s. 1004.85, the
  117  institution may operate charter schools that serve students in
  118  kindergarten through grade 12 in any school district within the
  119  service area of the institution. District school boards shall
  120  cooperate with and assist the Florida College System institution
  121  on the charter application. Florida College System institution
  122  applications for charter schools are not subject to the time
  123  deadlines outlined in subsection (6) and may be approved by the
  124  district school board at any time during the year. Florida
  125  College System institutions may not report FTE for any students
  126  participating under this subparagraph who receive FTE funding
  127  through the Florida Education Finance Program.
  128         5. For purposes of assisting the development of a charter
  129  school, a school district may enter into nonexclusive interlocal
  130  agreements with federal and state agencies, counties,
  131  municipalities, and other governmental entities that operate
  132  within the geographical borders of the school district to act on
  133  behalf of such governmental entities in the inspection,
  134  issuance, and other necessary activities for all necessary
  135  permits, licenses, and other permissions that a charter school
  136  needs in order for development, construction, or operation. A
  137  charter school may use, but may not be required to use, a school
  138  district for these services. The interlocal agreement must
  139  include, but need not be limited to, the identification of fees
  140  that charter schools will be charged for such services. The fees
  141  must consist of the governmental entity’s fees plus a fee for
  142  the school district to recover no more than actual costs for
  143  providing such services. These services and fees are not
  144  included within the services to be provided pursuant to
  145  subsection (20). Notwithstanding any other provision of law, an
  146  interlocal agreement or ordinance that imposes a greater
  147  regulatory burden on charter schools than school districts or
  148  that prohibits or limits the creation of a charter school is
  149  void and unenforceable. An interlocal agreement entered into by
  150  a school district for the development of only its own schools,
  151  including provisions relating to the extension of
  152  infrastructure, may be used by charter schools.
  153         6. The board of trustees of a sponsoring state university
  154  or Florida College System institution under paragraph (a) is the
  155  local educational agency for all charter schools it sponsors for
  156  purposes of receiving federal funds and accepts full
  157  responsibility for all local educational agency requirements and
  158  the schools for which it will perform local educational agency
  159  responsibilities. A student enrolled in a charter school that is
  160  sponsored by a state university or Florida College System
  161  institution may not be included in the calculation of the school
  162  district’s grade under s. 1008.34(5) for the school district in
  163  which he or she resides.
  164         (20) SERVICES.—
  165         (a)1. A sponsor shall provide certain administrative and
  166  educational services to charter schools. These services shall
  167  include contract management services; full-time equivalent and
  168  data reporting services; exceptional student education
  169  administration services; services related to eligibility and
  170  reporting duties required to ensure that school lunch services
  171  under the National School Lunch Program, consistent with the
  172  needs of the charter school, are provided by the sponsor at the
  173  request of the charter school, that any funds due to the charter
  174  school under the National School Lunch Program be paid to the
  175  charter school as soon as the charter school begins serving food
  176  under the National School Lunch Program, and that the charter
  177  school is paid at the same time and in the same manner under the
  178  National School Lunch Program as other public schools serviced
  179  by the sponsor or the school district; test administration
  180  services, including payment of the costs of state-required or
  181  district-required student assessments; processing of teacher
  182  certificate data services; and information services, including
  183  equal access to the sponsor’s student information systems that
  184  are used by public schools in the district in which the charter
  185  school is located or by schools in the sponsor’s portfolio of
  186  charter schools if the sponsor is not a school district. Student
  187  performance data for each student in a charter school,
  188  including, but not limited to, FCAT scores, standardized test
  189  scores, previous public school student report cards, and student
  190  performance measures, shall be provided by the sponsor to a
  191  charter school in the same manner provided to other public
  192  schools in the district or by schools in the sponsor’s portfolio
  193  of charter schools if the sponsor is not a school district.
  194         2. A sponsor shall provide training to charter schools on
  195  any statutory requirements, systems the sponsor will require
  196  charter schools to use, and rule changes from the department to
  197  the same extent that the sponsor provides training to employees
  198  of that sponsor. The sponsor shall notify charter schools of
  199  open vacancies for training in the district and must allow them
  200  to participate. If a sponsor does not allow a charter school to
  201  participate in the trainings specified in this subparagraph, the
  202  department may ask the State Board of Education to withhold
  203  funding.
  204         3. A sponsor may withhold an administrative fee for the
  205  provision of such services which shall be a percentage of the
  206  available funds defined in paragraph (17)(b) calculated based on
  207  weighted full-time equivalent students. If the charter school
  208  serves 75 percent or more exceptional education students as
  209  defined in s. 1003.01(3), the percentage shall be calculated
  210  based on unweighted full-time equivalent students. The
  211  administrative fee shall be calculated as follows:
  212         a. Up to 5 percent for:
  213         (I) Enrollment of up to and including 250 students in a
  214  charter school as defined in this section.
  215         (II) Enrollment of up to and including 500 students within
  216  a charter school system which meets all of the following:
  217         (A) Includes conversion charter schools and nonconversion
  218  charter schools.
  219         (B) Has all of its schools located in the same county.
  220         (C) Has a total enrollment exceeding the total enrollment
  221  of at least one school district in this state.
  222         (D) Has the same governing board for all of its schools.
  223         (E) Does not contract with a for-profit service provider
  224  for management of school operations.
  225         (III) Enrollment of up to and including 250 students in a
  226  virtual charter school.
  227         b. Up to 2 percent for enrollment of up to and including
  228  250 students in a high-performing charter school as defined in
  229  s. 1002.331.
  230         c. Up to 2 percent for enrollment of up to and including
  231  250 students in an exceptional student education center that
  232  meets the requirements of the rules adopted by the State Board
  233  of Education pursuant to s. 1008.3415(3).
  234         4.3. A sponsor may not charge charter schools any
  235  additional fees or surcharges for administrative and educational
  236  services in addition to the maximum percentage of administrative
  237  fees withheld pursuant to this paragraph. A sponsor may not
  238  charge or withhold any administrative fee against a charter
  239  school for any funds specifically allocated by the Legislature
  240  for teacher compensation.
  241         5.4. A sponsor shall provide to the department by September
  242  15 of each year the total amount of funding withheld from
  243  charter schools pursuant to this subsection for the prior fiscal
  244  year. The department must include the information in the report
  245  required under sub-sub-subparagraph (5)(b)1.k.(III).
  246         6. A sponsor shall annually provide a report to its charter
  247  schools on what services are being rendered from the sponsor’s
  248  portion of the administrative fee. The report must include the
  249  listed services and be submitted to the department by September
  250  15 of each year. Upon the department’s review of the report, it
  251  may withdraw the district’s portion of the administrative fee if
  252  the department determines that services are not being rendered.
  253  Any withdrawn funds shall be refunded to the appropriate charter
  254  schools within 30 days of such a determination.
  255         Section 2. Subsection (1) and paragraph (a) of subsection
  256  (7) of section 1012.56, Florida Statutes, are amended to read:
  257         1012.56 Educator certification requirements.—
  258         (1) APPLICATION.—Each person seeking certification pursuant
  259  to this chapter shall submit a completed application containing
  260  the applicant’s social security number to the Department of
  261  Education and remit the fee required pursuant to s. 1012.59 and
  262  rules of the State Board of Education. Pursuant to the federal
  263  Personal Responsibility and Work Opportunity Reconciliation Act
  264  of 1996, each party is required to provide his or her social
  265  security number in accordance with this section. Disclosure of
  266  social security numbers obtained through this requirement is
  267  limited to the purpose of administration of the Title IV-D
  268  program of the Social Security Act for child support
  269  enforcement.
  270         (a) Pursuant to s. 120.60, the department shall issue
  271  within 90 calendar days after receipt of the completed
  272  application a professional certificate to a qualifying applicant
  273  covering the classification, level, and area for which the
  274  applicant is deemed qualified and a document explaining the
  275  requirements for renewal of the professional certificate.
  276         (b) The department shall issue a temporary certificate to a
  277  qualifying applicant within 14 calendar days after receipt of a
  278  request from an employer with a professional education
  279  competence demonstration program pursuant to paragraphs (6)(f)
  280  and (8)(b). The temporary certificate must cover the
  281  classification, level, and area for which the applicant is
  282  deemed qualified. The department shall electronically notify the
  283  applicant’s employer that the temporary certificate has been
  284  issued and provide the applicant an official statement of status
  285  of eligibility at the time the certificate is issued.
  286         (c) Pursuant to s. 120.60, the department shall issue
  287  within 90 calendar days after receipt of the completed
  288  application, if an applicant does not meet the requirements for
  289  either certificate, an official statement of status of
  290  eligibility.
  291  
  292  The statement of status of eligibility must be provided
  293  electronically and must advise the applicant of any
  294  qualifications that must be completed to qualify for
  295  certification. Each method by which an applicant can complete
  296  the qualifications for a professional certificate must be
  297  included in the statement of status of eligibility. Each
  298  statement of status of eligibility is valid for 5 3 years after
  299  its date of issuance, except as provided in paragraph (2)(d).
  300         (7) TYPES AND TERMS OF CERTIFICATION.—
  301         (a) The Department of Education shall issue a professional
  302  certificate for a period not to exceed 10 5 years to any
  303  applicant who fulfills one of the following:
  304         1. Meets all the applicable requirements outlined in
  305  subsection (2).
  306         2. For a professional certificate covering grades 6 through
  307  12:
  308         a. Meets the applicable requirements of paragraphs (2)(a)
  309  (h).
  310         b. Holds a master’s or higher degree in the area of
  311  science, technology, engineering, or mathematics.
  312         c. Teaches a high school course in the subject of the
  313  advanced degree.
  314         d. Is rated highly effective as determined by the teacher’s
  315  performance evaluation under s. 1012.34, based in part on
  316  student performance as measured by a statewide, standardized
  317  assessment or an Advanced Placement, Advanced International
  318  Certificate of Education, or International Baccalaureate
  319  examination.
  320         e. Achieves a passing score on the Florida professional
  321  education competency examination required by state board rule.
  322         3. Meets the applicable requirements of paragraphs (2)(a)
  323  (f) (2)(a)-(h) and completes a professional preparation and
  324  education competence program approved by the department pursuant
  325  to paragraph (8)(c) or an educator preparation institute
  326  approved by the department pursuant to s. 1004.85. An applicant
  327  who completes one of these programs and is rated highly
  328  effective as determined by his or her performance evaluation
  329  under s. 1012.34 is not required to take or achieve a passing
  330  score on the professional education competency examination in
  331  order to be awarded a professional certificate.
  332  
  333  At least 1 year before an individual’s temporary
  334  certificate is set to expire, the department shall
  335  electronically notify the individual of the date on which
  336  his or her certificate will expire and provide a list of
  337  each method by which the qualifications for a professional
  338  certificate can be completed. The State Board of Education
  339  shall adopt rules to allow the department to extend the
  340  validity period of a temporary certificate for 2 years when
  341  the requirements for the professional certificate were not
  342  completed due to the serious illness or injury of the
  343  applicant, the military service of an applicant’s spouse,
  344  other extraordinary extenuating circumstances, or if the
  345  certificateholder is rated highly effective in the
  346  immediate prior year’s performance evaluation pursuant to
  347  s. 1012.34 or has completed a 2-year mentorship program
  348  pursuant to subsection (8). The department shall extend the
  349  temporary certificate upon approval by the Commissioner of
  350  Education. A written request for extension of the
  351  certificate shall be submitted by the district school
  352  superintendent, the governing authority of a university lab
  353  school, the governing authority of a state-supported
  354  school, or the governing authority of a private school.
  355         Section 3. Subsections (1) and (3) of section 1012.71,
  356  Florida Statutes, are amended, and subsection (7) is added to
  357  that section, to read:
  358         1012.71 The Florida Teachers Classroom Supply Assistance
  359  Program.—
  360         (1) For purposes of the Florida Teachers Classroom Supply
  361  Assistance Program, the term “classroom teacher” means a
  362  certified teacher employed by a public school district or a
  363  public charter school in that district on or before September 1
  364  of each year whose full-time or job-share responsibility is the
  365  classroom instruction of students in prekindergarten through
  366  grade 12, including full-time media specialists and certified
  367  school counselors serving students in prekindergarten through
  368  grade 12, who are funded through the Florida Education Finance
  369  Program. A “job-share” classroom teacher is one of two teachers
  370  whose combined full-time equivalent employment for the same
  371  teaching assignment equals one full-time classroom teacher. The
  372  term “classroom teacher” may also include an administrator or a
  373  substitute teacher who is filling a vacancy in an identified
  374  teaching position on or before September 1 of each year who
  375  holds a valid teaching certificate.
  376         (3) From the funds allocated to each school district and
  377  any funds received from local contributions for the Florida
  378  Teachers Classroom Supply Assistance Program, the district
  379  school board shall calculate an identical amount for each
  380  classroom teacher who is estimated to be employed by the school
  381  district or a charter school in the district on September 1 of
  382  each year, which is that teacher’s proportionate share of the
  383  total amount allocated to the district from state funds and
  384  funds received from local contributions. A job-share classroom
  385  teacher may receive a prorated share of the amount provided to a
  386  full-time classroom teacher. The school district shall calculate
  387  a prorated share of the funds to a classroom teacher who teaches
  388  less than full time. For a classroom teacher determined eligible
  389  on July 1, the district school board and each charter school
  390  board may provide the teacher with his or her total
  391  proportionate share by August 1 based on the estimate of the
  392  number of teachers who will be employed on September 1. For a
  393  classroom teacher determined eligible after July 1, the district
  394  school board and each charter school board shall provide the
  395  teacher with his or her total proportionate share by September
  396  30. The proportionate share may be provided by any means
  397  determined appropriate by the district school board or charter
  398  school board, including, but not limited to, direct deposit,
  399  check, debit card, or purchasing card. If a debit card is used,
  400  an identifier must be placed on the front of the debit card
  401  which clearly indicates that the card has been issued for the
  402  Florida Teachers Classroom Supply Assistance Program.
  403  Expenditures under the program are not subject to state or local
  404  competitive bidding requirements. Funds received by a classroom
  405  teacher do not affect wages, hours, or terms and conditions of
  406  employment and, therefore, are not subject to collective
  407  bargaining. Any classroom teacher may decline receipt of or
  408  return the funds without explanation or cause.
  409         (7)(a) An administrator or a substitute teacher acting
  410  dually as a classroom teacher to fill a vacancy in an identified
  411  teaching position on or before September 1 of each year who
  412  holds a valid teaching certification may petition the
  413  department, on a form developed by the department, for that
  414  classroom teacher’s portion of the Florida Teacher Classroom
  415  Supply Assistance Program allocation. The department shall
  416  review the petition to determine the validity of the vacancy and
  417  that the administrator or substitute teacher meets the
  418  requirements specified in this section. The department must
  419  render a decision to the applicant and the appropriate district
  420  within 30 days on any petition made pursuant to this paragraph.
  421         (b)An applicant whose petition is approved pursuant to
  422  paragraph (a) is otherwise subject to all other requirements set
  423  forth in this section.
  424         Section 4. This act shall take effect July 1, 2023.