Florida Senate - 2023                CS for CS for CS for SB 986
       
       
        
       By the Committee on Fiscal Policy; the Appropriations Committee
       on Education; the Committee on Education Pre-K -12; and Senator
       Burgess
       
       
       
       594-04293-23                                           2023986c3
    1                        A bill to be entitled                      
    2         An act relating to education; amending s. 1002.33,
    3         F.S.; revising which students may be given an
    4         enrollment preference by charter schools; authorizing
    5         certain charter schools to use unrestricted current or
    6         capital assets for certain other charter schools
    7         through an unforgivable loan with specified terms;
    8         revising requirements relating to the funding of
    9         students enrolled in charter schools and reimbursement
   10         of such funds by the sponsor; specifying training and
   11         reporting requirements for charter school sponsors;
   12         requiring the State Board of Education to adopt rules
   13         to implement a standard monitoring tool; amending s.
   14         1002.43, F.S.; authorizing the provision of private
   15         tutoring to up to a specified number of students in
   16         certain facilities; amending s. 1003.02, F.S.;
   17         requiring that posters containing specified
   18         information relating to choking be placed in each
   19         public school cafeteria; requiring that the posters be
   20         easily visible and prominently placed; amending s.
   21         1012.71, F.S.; revising the definition of the term
   22         “classroom teacher”; revising how a district school
   23         board calculates certain teachers’ shares of funds
   24         from the Florida Teachers Classroom Supply Assistance
   25         Program; providing an effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28         Section 1. Paragraph (d) of subsection (10), paragraphs (b)
   29  and (e) of subsection (17), paragraph (a) of subsection (20),
   30  and subsection (28) of section 1002.33, Florida Statutes, are
   31  amended to read:
   32         1002.33 Charter schools.—
   33         (10) ELIGIBLE STUDENTS.—
   34         (d) A charter school may give enrollment preference to the
   35  following student populations:
   36         1. Students who are siblings of a student enrolled in the
   37  charter school.
   38         2. Students who are the children of a member of the
   39  governing board of the charter school.
   40         3. Students who are the children of an employee of the
   41  charter school.
   42         4. Students who are the children of:
   43         a. An employee of the business partner of a charter school
   44  in-the-workplace established under paragraph (15)(b) or a
   45  resident of the municipality in which such charter school is
   46  located; or
   47         b. A resident or employee of a municipality that operates a
   48  charter school-in-a-municipality pursuant to paragraph (15)(c)
   49  or allows a charter school to use a school facility or portion
   50  of land provided by the municipality for the operation of the
   51  charter school.
   52         5. Students who have successfully completed, during the
   53  previous year, a voluntary prekindergarten education program
   54  under ss. 1002.51-1002.79 provided by the charter school, the
   55  charter school’s governing board, or a voluntary prekindergarten
   56  provider that has a written agreement with the governing board.
   57         6. Students who are the children of an active duty member
   58  of any branch of the United States Armed Forces.
   59         7. Students who attended or are assigned to failing schools
   60  pursuant to s. 1002.38(2).
   61         8. Students who are the children of a school safety officer
   62  or officers assigned to the charter school.
   63         (17) FUNDING.—Students enrolled in a charter school,
   64  regardless of the sponsorship, shall be funded as if they are in
   65  a basic program or a special program, the same as students
   66  enrolled in other public schools in a school district. Funding
   67  for a charter lab school shall be as provided in s. 1002.32.
   68         (b)1. The basis for the agreement for funding students
   69  enrolled in a charter school shall be the sum of the school
   70  district’s operating funds from the Florida Education Finance
   71  Program as provided in s. 1011.62 and the General Appropriations
   72  Act, including gross state and local funds, discretionary
   73  lottery funds, and funds from the school district’s current
   74  operating discretionary millage levy; divided by total funded
   75  weighted full-time equivalent students in the school district;
   76  and multiplied by the weighted full-time equivalent students for
   77  the charter school. Charter schools whose students or programs
   78  meet the eligibility criteria in law are entitled to their
   79  proportionate share of categorical program funds included in the
   80  total funds available in the Florida Education Finance Program
   81  by the Legislature, including transportation, and the evidence
   82  based reading allocation. Total funding for each charter school
   83  shall be recalculated during the year to reflect the revised
   84  calculations under the Florida Education Finance Program by the
   85  state and the actual weighted full-time equivalent students
   86  reported by the charter school during the full-time equivalent
   87  student survey periods designated by the Commissioner of
   88  Education. For charter schools operated by a not-for-profit or
   89  municipal entity, any unrestricted current and capital assets
   90  identified in the charter school’s annual financial audit may be
   91  used for other charter schools operated by the not-for-profit or
   92  municipal entity within the school district. For charter schools
   93  operated by a not-for-profit entity, any unrestricted current or
   94  capital assets identified in the charter school’s annual audit
   95  may be used for other charter schools operated by the not-for
   96  profit entity which are located outside of the originating
   97  charter school’s school district, but within this state, through
   98  an unforgivable loan that must be repaid within 5 years to the
   99  originating charter school by the receiving charter school.
  100  Unrestricted current assets shall be used in accordance with s.
  101  1011.62, and any unrestricted capital assets shall be used in
  102  accordance with s. 1013.62(2).
  103         2.a. Students enrolled in a charter school sponsored by a
  104  state university or Florida College System institution pursuant
  105  to paragraph (5)(a) shall be funded as if they are in a basic
  106  program or a special program in the school district. The basis
  107  for funding these students is the sum of the total operating
  108  funds from the Florida Education Finance Program for the school
  109  district in which the school is located as provided in s.
  110  1011.62 and the General Appropriations Act, including gross
  111  state and local funds, discretionary lottery funds, and funds
  112  from each school district’s current operating discretionary
  113  millage levy, divided by total funded weighted full-time
  114  equivalent students in the district, and multiplied by the full
  115  time equivalent membership of the charter school. The Department
  116  of Education shall develop a tool that each state university or
  117  Florida College System institution sponsoring a charter school
  118  shall use for purposes of calculating the funding amount for
  119  each eligible charter school student. The total amount obtained
  120  from the calculation must be appropriated from state funds in
  121  the General Appropriations Act to the charter school.
  122         b. Capital outlay funding for a charter school sponsored by
  123  a state university or Florida College System institution
  124  pursuant to paragraph (5)(a) is determined pursuant to s.
  125  1013.62 and the General Appropriations Act.
  126         (e) Sponsors shall make timely and efficient payment and
  127  reimbursement to charter schools, including processing paperwork
  128  required to access special state and federal funding for which
  129  they may be eligible, including the timely review and
  130  reimbursement of federal grant funds. Payments of funds under
  131  paragraph (b) must shall be made monthly or twice a month,
  132  beginning with the start of the sponsor’s fiscal year. Each
  133  payment must shall be one-twelfth, or one twenty-fourth, as
  134  applicable, of the total state and local funds described in
  135  paragraph (b) and adjusted as set forth therein. For the first 2
  136  years of a charter school’s operation, if a minimum of 75
  137  percent of the projected enrollment is entered into the
  138  sponsor’s student information system by the first day of the
  139  current month, the sponsor must shall distribute funds to the
  140  school for the months of July through October based on the
  141  projected full-time equivalent student membership of the charter
  142  school as submitted in the approved application. If less than 75
  143  percent of the projected enrollment is entered into the
  144  sponsor’s student information system by the first day of the
  145  current month, the sponsor must shall base payments on the
  146  actual number of student enrollment entered into the sponsor’s
  147  student information system. Thereafter, the results of full-time
  148  equivalent student membership surveys must shall be used in
  149  adjusting the amount of funds distributed monthly to the charter
  150  school for the remainder of the fiscal year. The payments must
  151  shall be issued no later than 10 working days after the sponsor
  152  receives a distribution of state or federal funds or the date
  153  the payment is due pursuant to this subsection. With respect to
  154  federal grant funds submitted for reimbursement, the sponsor
  155  shall have 60 days after the date of the submittal to fund them,
  156  if the submittal provides all the necessary information to
  157  qualify for reimbursement. If a warrant for payment is not
  158  issued within 10 working days after receipt of funding by the
  159  sponsor, or within 60 days after an approved submittal for the
  160  reimbursement of federal grant funds, the sponsor must shall pay
  161  to the charter school, in addition to the amount of the
  162  scheduled disbursement, interest at a rate of 1 percent per
  163  month calculated on a daily basis on the unpaid balance from the
  164  expiration of the 10 working days until such time as the warrant
  165  is issued. The district school board may not delay payment to a
  166  charter school of any portion of the funds provided in paragraph
  167  (b) based on the timing of receipt of local funds by the
  168  district school board.
  169         (20) SERVICES.—
  170         (a)1. A sponsor shall provide certain administrative and
  171  educational services to charter schools. These services shall
  172  include contract management services; full-time equivalent and
  173  data reporting services; exceptional student education
  174  administration services; services related to eligibility and
  175  reporting duties required to ensure that school lunch services
  176  under the National School Lunch Program, consistent with the
  177  needs of the charter school, are provided by the sponsor at the
  178  request of the charter school, that any funds due to the charter
  179  school under the National School Lunch Program be paid to the
  180  charter school as soon as the charter school begins serving food
  181  under the National School Lunch Program, and that the charter
  182  school is paid at the same time and in the same manner under the
  183  National School Lunch Program as other public schools serviced
  184  by the sponsor or the school district; test administration
  185  services, including payment of the costs of state-required or
  186  district-required student assessments; processing of teacher
  187  certificate data services; and information services, including
  188  equal access to the sponsor’s student information systems that
  189  are used by public schools in the district in which the charter
  190  school is located or by schools in the sponsor’s portfolio of
  191  charter schools if the sponsor is not a school district. Student
  192  performance data for each student in a charter school,
  193  including, but not limited to, FCAT scores, standardized test
  194  scores, previous public school student report cards, and student
  195  performance measures, shall be provided by the sponsor to a
  196  charter school in the same manner provided to other public
  197  schools in the district or by schools in the sponsor’s portfolio
  198  of charter schools if the sponsor is not a school district.
  199         2. A sponsor shall provide training on systems the sponsor
  200  will require the charter school to use.
  201         3. A sponsor may withhold an administrative fee for the
  202  provision of such services which shall be a percentage of the
  203  available funds defined in paragraph (17)(b) calculated based on
  204  weighted full-time equivalent students. If the charter school
  205  serves 75 percent or more exceptional education students as
  206  defined in s. 1003.01(3), the percentage shall be calculated
  207  based on unweighted full-time equivalent students. The
  208  administrative fee shall be calculated as follows:
  209         a. Up to 5 percent for:
  210         (I) Enrollment of up to and including 250 students in a
  211  charter school as defined in this section.
  212         (II) Enrollment of up to and including 500 students within
  213  a charter school system which meets all of the following:
  214         (A) Includes conversion charter schools and nonconversion
  215  charter schools.
  216         (B) Has all of its schools located in the same county.
  217         (C) Has a total enrollment exceeding the total enrollment
  218  of at least one school district in this state.
  219         (D) Has the same governing board for all of its schools.
  220         (E) Does not contract with a for-profit service provider
  221  for management of school operations.
  222         (III) Enrollment of up to and including 250 students in a
  223  virtual charter school.
  224         b. Up to 2 percent for enrollment of up to and including
  225  250 students in a high-performing charter school as defined in
  226  s. 1002.331.
  227         c. Up to 2 percent for enrollment of up to and including
  228  250 students in an exceptional student education center that
  229  meets the requirements of the rules adopted by the State Board
  230  of Education pursuant to s. 1008.3415(3).
  231         4.3. A sponsor may not charge charter schools any
  232  additional fees or surcharges for administrative and educational
  233  services in addition to the maximum percentage of administrative
  234  fees withheld pursuant to this paragraph. A sponsor may not
  235  charge or withhold any administrative fee against a charter
  236  school for any funds specifically allocated by the Legislature
  237  for teacher compensation.
  238         5.4. A sponsor shall provide to the department by September
  239  15 of each year the total amount of funding withheld from
  240  charter schools pursuant to this subsection for the prior fiscal
  241  year. The department must include the information in the report
  242  required under sub-sub-subparagraph (5)(b)1.k.(III).
  243         6.A sponsor shall annually provide a report to its charter
  244  schools on what services are being rendered from the sponsor’s
  245  portion of the administrative fee. The report must include the
  246  listed services and be submitted to the department by September
  247  15 of each year.
  248         (28) RULEMAKING.—The Department of Education, after
  249  consultation with sponsors and charter school directors, shall
  250  recommend that the State Board of Education adopt rules to
  251  implement specific subsections of this section. Such rules shall
  252  require minimum paperwork and shall not limit charter school
  253  flexibility authorized by statute. The State Board of Education
  254  shall adopt rules, pursuant to ss. 120.536(1) and 120.54, to
  255  implement a standard charter application form, standard
  256  application form for the replication of charter schools in a
  257  high-performing charter school system, standard evaluation
  258  instrument, standard monitoring tool, and standard charter and
  259  charter renewal contracts in accordance with this section.
  260         Section 2. Subsection (3) is added to section 1002.43,
  261  Florida Statutes, to read:
  262         1002.43 Private tutoring programs.—
  263         (3) Private tutoring may be provided to no more than 25
  264  students at one time in any commercial building with a valid
  265  certificate of occupancy, including, but not limited to, a
  266  library, community center, museum, performing arts center,
  267  theatre, cinema, or church facility; any facility or land owned
  268  by a Florida College System institution or university; any
  269  similar public institution facilities; and any facility recently
  270  used to house a school or child care facility licensed under s.
  271  402.305 within the preexisting zoning and land use designations
  272  of the facility without obtaining a special exception, rezoning,
  273  or a land use change so long as the provision of such tutoring
  274  meets all applicable state and local health, safety, and welfare
  275  laws, codes, and rules, including those related to firesafety
  276  and building safety.
  277         Section 3. Paragraph (k) is added to subsection (1) of
  278  section 1003.02, Florida Statutes, to read:
  279         1003.02 District school board operation and control of
  280  public K-12 education within the school district.—As provided in
  281  part II of chapter 1001, district school boards are
  282  constitutionally and statutorily charged with the operation and
  283  control of public K-12 education within their school districts.
  284  The district school boards must establish, organize, and operate
  285  their public K-12 schools and educational programs, employees,
  286  and facilities. Their responsibilities include staff
  287  development, public K-12 school student education including
  288  education for exceptional students and students in juvenile
  289  justice programs, special programs, adult education programs,
  290  and career education programs. Additionally, district school
  291  boards must:
  292         (1) Provide for the proper accounting for all students of
  293  school age, for the attendance and control of students at
  294  school, and for proper attention to health, safety, and other
  295  matters relating to the welfare of students in the following
  296  areas:
  297         (k)Instructions on emergency first aid for choking.
  298  Require that a poster that contains step-by-step instructions on
  299  how to provide emergency first aid for choking on conscious
  300  individuals be posted in each public school cafeteria within the
  301  school district. The poster must be easily visible and
  302  prominently placed.
  303         Section 4. Subsections (1) and (3) of section 1012.71,
  304  Florida Statutes, are amended to read:
  305         1012.71 The Florida Teachers Classroom Supply Assistance
  306  Program.—
  307         (1) For purposes of the Florida Teachers Classroom Supply
  308  Assistance Program, the term “classroom teacher” means a
  309  certified teacher employed by a public school district or a
  310  public charter school in that district on or before September 1
  311  of each year whose full-time or job-share responsibility is the
  312  classroom instruction of students in prekindergarten through
  313  grade 12, including full-time media specialists and certified
  314  school counselors serving students in prekindergarten through
  315  grade 12, who are funded through the Florida Education Finance
  316  Program. A “job-share” classroom teacher is one of two teachers
  317  whose combined full-time equivalent employment for the same
  318  teaching assignment equals one full-time classroom teacher. The
  319  term “classroom teacher” may also include an administrator or a
  320  substitute teacher who holds a valid teaching certificate and
  321  who is filling a vacancy in an identified teaching position on
  322  or before September 1 of each year.
  323         (3) From the funds allocated to each school district and
  324  any funds received from local contributions for the Florida
  325  Teachers Classroom Supply Assistance Program, the district
  326  school board shall calculate an identical amount for each
  327  classroom teacher who is estimated to be employed by the school
  328  district or a charter school in the district on September 1 of
  329  each year, which is that teacher’s proportionate share of the
  330  total amount allocated to the district from state funds and
  331  funds received from local contributions. A job-share classroom
  332  teacher may receive a prorated share of the amount provided to a
  333  full-time classroom teacher. The school district shall calculate
  334  a prorated share of the funds for a classroom teacher who
  335  teaches less than full time. For a classroom teacher determined
  336  eligible on July 1, the district school board and each charter
  337  school board may provide the teacher with his or her total
  338  proportionate share by August 1 based on the estimate of the
  339  number of teachers who will be employed on September 1. For a
  340  classroom teacher determined eligible after July 1, the district
  341  school board and each charter school board shall provide the
  342  teacher with his or her total proportionate share by September
  343  30. The proportionate share may be provided by any means
  344  determined appropriate by the district school board or charter
  345  school board, including, but not limited to, direct deposit,
  346  check, debit card, or purchasing card. If a debit card is used,
  347  an identifier must be placed on the front of the debit card
  348  which clearly indicates that the card has been issued for the
  349  Florida Teachers Classroom Supply Assistance Program.
  350  Expenditures under the program are not subject to state or local
  351  competitive bidding requirements. Funds received by a classroom
  352  teacher do not affect wages, hours, or terms and conditions of
  353  employment and, therefore, are not subject to collective
  354  bargaining. Any classroom teacher may decline receipt of or
  355  return the funds without explanation or cause.
  356         Section 5. This act shall take effect July 1, 2023.