Florida Senate - 2023                       CS for CS for SB 986
       
       
        
       By the Appropriations Committee on Education; the Committee on
       Education Pre-K -12; and Senator Burgess
       
       
       
       
       602-03779-23                                           2023986c2
    1                        A bill to be entitled                      
    2         An act relating to education; amending s. 1002.33,
    3         F.S.; revising which students may be eligible for an
    4         enrollment preference for charter schools; revising
    5         requirements relating to the funding of students
    6         enrolled in charter schools and reimbursement of such
    7         funds by the sponsor; specifying training and
    8         reporting requirements for charter school sponsors;
    9         requiring the State Board of Education to adopt rules
   10         to implement a standard monitoring tool; amending s.
   11         1002.43, F.S.; authorizing the provision of private
   12         tutoring to up to a specified number of students in
   13         certain facilities; amending s. 1003.02, F.S.;
   14         requiring that a poster containing specified
   15         information relating to choking be placed in public
   16         school cafeterias; requiring that the posters be
   17         easily visible and prominently placed; amending s.
   18         1012.71, F.S.; revising the definition of the term
   19         “classroom teacher”; revising how a district school
   20         board calculates certain teachers’ shares of funds
   21         from the Florida Teachers Classroom Supply Assistance
   22         Program; providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Paragraph (d) of subsection (10), paragraph (e)
   27  of subsection (17), paragraph (a) of subsection (20), and
   28  subsection (28) of section 1002.33, Florida Statutes, are
   29  amended to read:
   30         1002.33 Charter schools.—
   31         (10) ELIGIBLE STUDENTS.—
   32         (d) A charter school may give enrollment preference to the
   33  following student populations:
   34         1. Students who are siblings of a student enrolled in the
   35  charter school.
   36         2. Students who are the children of a member of the
   37  governing board of the charter school.
   38         3. Students who are the children of an employee of the
   39  charter school.
   40         4. Students who are the children of:
   41         a. An employee of the business partner of a charter school
   42  in-the-workplace established under paragraph (15)(b) or a
   43  resident of the municipality in which such charter school is
   44  located; or
   45         b. A resident or employee of a municipality that operates a
   46  charter school-in-a-municipality pursuant to paragraph (15)(c)
   47  or allows a charter school to use a school facility or portion
   48  of land provided by the municipality for the operation of the
   49  charter school.
   50         5. Students who have successfully completed, during the
   51  previous year, a voluntary prekindergarten education program
   52  under ss. 1002.51-1002.79 provided by the charter school, the
   53  charter school’s governing board, or a voluntary prekindergarten
   54  provider that has a written agreement with the governing board.
   55         6. Students who are the children of an active duty member
   56  of any branch of the United States Armed Forces.
   57         7. Students who attended or are assigned to failing schools
   58  pursuant to s. 1002.38(2).
   59         8. Students who are the children of a school safety officer
   60  or officers assigned to the charter school.
   61         (17) FUNDING.—Students enrolled in a charter school,
   62  regardless of the sponsorship, shall be funded as if they are in
   63  a basic program or a special program, the same as students
   64  enrolled in other public schools in a school district. Funding
   65  for a charter lab school shall be as provided in s. 1002.32.
   66         (e) Sponsors shall make timely and efficient payment and
   67  reimbursement to charter schools, including processing paperwork
   68  required to access special state and federal funding for which
   69  they may be eligible, including the timely review and
   70  reimbursement of federal grant funds. Payments of funds under
   71  paragraph (b) must shall be made monthly or twice a month,
   72  beginning with the start of the sponsor’s fiscal year. Each
   73  payment must shall be one-twelfth, or one twenty-fourth, as
   74  applicable, of the total state and local funds described in
   75  paragraph (b) and adjusted as set forth therein. For the first 2
   76  years of a charter school’s operation, if a minimum of 75
   77  percent of the projected enrollment is entered into the
   78  sponsor’s student information system by the first day of the
   79  current month, the sponsor must shall distribute funds to the
   80  school for the months of July through October based on the
   81  projected full-time equivalent student membership of the charter
   82  school as submitted in the approved application. If less than 75
   83  percent of the projected enrollment is entered into the
   84  sponsor’s student information system by the first day of the
   85  current month, the sponsor must shall base payments on the
   86  actual number of student enrollment entered into the sponsor’s
   87  student information system. Thereafter, the results of full-time
   88  equivalent student membership surveys must shall be used in
   89  adjusting the amount of funds distributed monthly to the charter
   90  school for the remainder of the fiscal year. The payments must
   91  shall be issued no later than 10 working days after the sponsor
   92  receives a distribution of state or federal funds or the date
   93  the payment is due pursuant to this subsection. With respect to
   94  federal grant funds submitted for reimbursement, the sponsor
   95  shall have 60 days after the date of the submittal to fund them,
   96  if the submittal provides all the necessary information to
   97  qualify for reimbursement. If a warrant for payment is not
   98  issued within 10 working days after receipt of funding by the
   99  sponsor, or within 60 days after an approved submittal for the
  100  reimbursement of federal grant funds, the sponsor must shall pay
  101  to the charter school, in addition to the amount of the
  102  scheduled disbursement, interest at a rate of 1 percent per
  103  month calculated on a daily basis on the unpaid balance from the
  104  expiration of the 10 working days until such time as the warrant
  105  is issued. The district school board may not delay payment to a
  106  charter school of any portion of the funds provided in paragraph
  107  (b) based on the timing of receipt of local funds by the
  108  district school board.
  109         (20) SERVICES.—
  110         (a)1. A sponsor shall provide certain administrative and
  111  educational services to charter schools. These services shall
  112  include contract management services; full-time equivalent and
  113  data reporting services; exceptional student education
  114  administration services; services related to eligibility and
  115  reporting duties required to ensure that school lunch services
  116  under the National School Lunch Program, consistent with the
  117  needs of the charter school, are provided by the sponsor at the
  118  request of the charter school, that any funds due to the charter
  119  school under the National School Lunch Program be paid to the
  120  charter school as soon as the charter school begins serving food
  121  under the National School Lunch Program, and that the charter
  122  school is paid at the same time and in the same manner under the
  123  National School Lunch Program as other public schools serviced
  124  by the sponsor or the school district; test administration
  125  services, including payment of the costs of state-required or
  126  district-required student assessments; processing of teacher
  127  certificate data services; and information services, including
  128  equal access to the sponsor’s student information systems that
  129  are used by public schools in the district in which the charter
  130  school is located or by schools in the sponsor’s portfolio of
  131  charter schools if the sponsor is not a school district. Student
  132  performance data for each student in a charter school,
  133  including, but not limited to, FCAT scores, standardized test
  134  scores, previous public school student report cards, and student
  135  performance measures, shall be provided by the sponsor to a
  136  charter school in the same manner provided to other public
  137  schools in the district or by schools in the sponsor’s portfolio
  138  of charter schools if the sponsor is not a school district.
  139         2. A sponsor shall provide training on systems the sponsor
  140  will require the charter school to use.
  141         3. A sponsor may withhold an administrative fee for the
  142  provision of such services which shall be a percentage of the
  143  available funds defined in paragraph (17)(b) calculated based on
  144  weighted full-time equivalent students. If the charter school
  145  serves 75 percent or more exceptional education students as
  146  defined in s. 1003.01(3), the percentage shall be calculated
  147  based on unweighted full-time equivalent students. The
  148  administrative fee shall be calculated as follows:
  149         a. Up to 5 percent for:
  150         (I) Enrollment of up to and including 250 students in a
  151  charter school as defined in this section.
  152         (II) Enrollment of up to and including 500 students within
  153  a charter school system which meets all of the following:
  154         (A) Includes conversion charter schools and nonconversion
  155  charter schools.
  156         (B) Has all of its schools located in the same county.
  157         (C) Has a total enrollment exceeding the total enrollment
  158  of at least one school district in this state.
  159         (D) Has the same governing board for all of its schools.
  160         (E) Does not contract with a for-profit service provider
  161  for management of school operations.
  162         (III) Enrollment of up to and including 250 students in a
  163  virtual charter school.
  164         b. Up to 2 percent for enrollment of up to and including
  165  250 students in a high-performing charter school as defined in
  166  s. 1002.331.
  167         c. Up to 2 percent for enrollment of up to and including
  168  250 students in an exceptional student education center that
  169  meets the requirements of the rules adopted by the State Board
  170  of Education pursuant to s. 1008.3415(3).
  171         4.3. A sponsor may not charge charter schools any
  172  additional fees or surcharges for administrative and educational
  173  services in addition to the maximum percentage of administrative
  174  fees withheld pursuant to this paragraph. A sponsor may not
  175  charge or withhold any administrative fee against a charter
  176  school for any funds specifically allocated by the Legislature
  177  for teacher compensation.
  178         5.4. A sponsor shall provide to the department by September
  179  15 of each year the total amount of funding withheld from
  180  charter schools pursuant to this subsection for the prior fiscal
  181  year. The department must include the information in the report
  182  required under sub-sub-subparagraph (5)(b)1.k.(III).
  183         6.A sponsor shall annually provide a report to its charter
  184  schools on what services are being rendered from the sponsor’s
  185  portion of the administrative fee. The report must include the
  186  listed services and be submitted to the department by September
  187  15 of each year.
  188         (28) RULEMAKING.—The Department of Education, after
  189  consultation with sponsors and charter school directors, shall
  190  recommend that the State Board of Education adopt rules to
  191  implement specific subsections of this section. Such rules shall
  192  require minimum paperwork and shall not limit charter school
  193  flexibility authorized by statute. The State Board of Education
  194  shall adopt rules, pursuant to ss. 120.536(1) and 120.54, to
  195  implement a standard charter application form, standard
  196  application form for the replication of charter schools in a
  197  high-performing charter school system, standard evaluation
  198  instrument, standard monitoring tool, and standard charter and
  199  charter renewal contracts in accordance with this section.
  200         Section 2. Subsection (3) is added to section 1002.43,
  201  Florida Statutes, to read:
  202         1002.43 Private tutoring programs.—
  203         (3) Private tutoring may be provided to no more than 25
  204  students at one time in any commercial building with a valid
  205  certificate of occupancy, including, but not limited to, a
  206  library, community center, museum, performing arts center,
  207  theatre, cinema, or church facility; any facility or land owned
  208  by a Florida College System institution or university; any
  209  similar public institution facilities; and any facility recently
  210  used to house a school or child care facility licensed under s.
  211  402.305 within the preexisting zoning and land use designations
  212  of the facility without obtaining a special exception, rezoning,
  213  or a land use change so long as the provision of such tutoring
  214  meets all applicable state and local health, safety, and welfare
  215  laws, codes, and rules, including those related to firesafety
  216  and building safety.
  217         Section 3. Paragraph (k) is added to subsection (1) of
  218  section 1003.02, Florida Statutes, to read:
  219         1003.02 District school board operation and control of
  220  public K-12 education within the school district.—As provided in
  221  part II of chapter 1001, district school boards are
  222  constitutionally and statutorily charged with the operation and
  223  control of public K-12 education within their school districts.
  224  The district school boards must establish, organize, and operate
  225  their public K-12 schools and educational programs, employees,
  226  and facilities. Their responsibilities include staff
  227  development, public K-12 school student education including
  228  education for exceptional students and students in juvenile
  229  justice programs, special programs, adult education programs,
  230  and career education programs. Additionally, district school
  231  boards must:
  232         (1) Provide for the proper accounting for all students of
  233  school age, for the attendance and control of students at
  234  school, and for proper attention to health, safety, and other
  235  matters relating to the welfare of students in the following
  236  areas:
  237         (k)Instructions on emergency first aid for choking.
  238  Require that a poster that contains step-by-step instructions on
  239  how to provide emergency first aid for choking on conscious
  240  individuals be posted in each public school cafeteria within the
  241  school district. The poster must be easily visible and
  242  prominently placed.
  243         Section 4. Subsections (1) and (3) of section 1012.71,
  244  Florida Statutes, are amended to read:
  245         1012.71 The Florida Teachers Classroom Supply Assistance
  246  Program.—
  247         (1) For purposes of the Florida Teachers Classroom Supply
  248  Assistance Program, the term “classroom teacher” means a
  249  certified teacher employed by a public school district or a
  250  public charter school in that district on or before September 1
  251  of each year whose full-time or job-share responsibility is the
  252  classroom instruction of students in prekindergarten through
  253  grade 12, including full-time media specialists and certified
  254  school counselors serving students in prekindergarten through
  255  grade 12, who are funded through the Florida Education Finance
  256  Program. A “job-share” classroom teacher is one of two teachers
  257  whose combined full-time equivalent employment for the same
  258  teaching assignment equals one full-time classroom teacher. The
  259  term “classroom teacher” may also include an administrator or a
  260  substitute teacher who holds a valid teaching certificate and
  261  who is filling a vacancy in an identified teaching position on
  262  or before September 1 of each year.
  263         (3) From the funds allocated to each school district and
  264  any funds received from local contributions for the Florida
  265  Teachers Classroom Supply Assistance Program, the district
  266  school board shall calculate an identical amount for each
  267  classroom teacher who is estimated to be employed by the school
  268  district or a charter school in the district on September 1 of
  269  each year, which is that teacher’s proportionate share of the
  270  total amount allocated to the district from state funds and
  271  funds received from local contributions. A job-share classroom
  272  teacher may receive a prorated share of the amount provided to a
  273  full-time classroom teacher. The school district shall calculate
  274  a prorated share of the funds for a classroom teacher who
  275  teaches less than full time. For a classroom teacher determined
  276  eligible on July 1, the district school board and each charter
  277  school board may provide the teacher with his or her total
  278  proportionate share by August 1 based on the estimate of the
  279  number of teachers who will be employed on September 1. For a
  280  classroom teacher determined eligible after July 1, the district
  281  school board and each charter school board shall provide the
  282  teacher with his or her total proportionate share by September
  283  30. The proportionate share may be provided by any means
  284  determined appropriate by the district school board or charter
  285  school board, including, but not limited to, direct deposit,
  286  check, debit card, or purchasing card. If a debit card is used,
  287  an identifier must be placed on the front of the debit card
  288  which clearly indicates that the card has been issued for the
  289  Florida Teachers Classroom Supply Assistance Program.
  290  Expenditures under the program are not subject to state or local
  291  competitive bidding requirements. Funds received by a classroom
  292  teacher do not affect wages, hours, or terms and conditions of
  293  employment and, therefore, are not subject to collective
  294  bargaining. Any classroom teacher may decline receipt of or
  295  return the funds without explanation or cause.
  296         Section 5. This act shall take effect July 1, 2023.