Florida 2022 2022 Regular Session

Florida House Bill H0225 Introduced / Bill

Filed 10/04/2021

                       
 
HB 225  	2022 
 
 
 
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A bill to be entitled 1 
An act relating to charter school charters; amending 2 
s. 1002.33, F.S.; requiring a request for a 3 
consolidation of multiple charters which is submitted 4 
outside of the renewal term to be approved or denied 5 
within a specified timeframe; requiring a charter 6 
school sponsor to provide specified information 7 
relating to a denial of a request for a consolidation 8 
to the charter school; revising the time period for 9 
notification of specified actions relating to a 10 
charter school charter; providing for the automatic 11 
renewal of a charter under certain circumstances; 12 
providing an effective date. 13 
 14 
Be It Enacted by the Legislature of the State of Florida: 15 
 16 
 Section 1.  Paragraph (d) of subsection (7) and paragraph 17 
(b) of subsection (8) of section 1002.33, Florida Statutes, are 18 
amended to read: 19 
 1002.33  Charter schools. — 20 
 (7)  CHARTER.—The terms and conditions for the operation of 21 
a charter school shall be set forth by the spon sor and the 22 
applicant in a written contractual agreement, called a charter. 23 
The sponsor and the governing board of the charter school shall 24 
use the standard charter contract pursuant to subsection (21), 25     
 
HB 225  	2022 
 
 
 
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which shall incorporate the approved application and any addenda 26 
approved with the application. Any term or condition of a 27 
proposed charter contract that differs from the standard charter 28 
contract adopted by rule of the State Board of Education shall 29 
be presumed a limitation on charter school flexibility. Th e 30 
sponsor may not impose unreasonable rules or regulations that 31 
violate the intent of giving charter schools greater flexibility 32 
to meet educational goals. The charter shall be signed by the 33 
governing board of the charter school and the sponsor, following 34 
a public hearing to ensure community input. 35 
 (d)  A charter may be modified during its initial term or 36 
any renewal term upon the recommendation of the sponsor or the 37 
charter school's governing board and the approval of both 38 
parties to the agreement. Change s to curriculum which are 39 
consistent with state standards shall be deemed approved unless 40 
the sponsor and the Department of Education determine in writing 41 
that the curriculum is inconsistent with state standards. 42 
Modification during any term may include, b ut is not limited to, 43 
consolidation of multiple charters into a single charter if the 44 
charters are operated under the same governing board, regardless 45 
of the renewal cycle. A charter school that is not subject to a 46 
school improvement plan and that closes a s part of a 47 
consolidation shall be reported by the sponsor as a 48 
consolidation. A request for a consolidation of multiple 49 
charters that is submitted outside of the renewal term window 50     
 
HB 225  	2022 
 
 
 
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must be approved or denied within 60 days after the submission 51 
of the request. If the request is denied, the sponsor shall 52 
notify the charter school's governing board of the denial and 53 
provide the specific reasons, in reasonable detail, for the 54 
denial of the request for consolidation. 55 
 (8)  CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.— 56 
 (b)  Before a vote on any proposed action to renew, 57 
terminate, or not renew the charter and at least 90 days before 58 
the end of the school year renewing, nonrenewing, or terminating 59 
a charter, the sponsor shall notify the governing board of t he 60 
school in writing of the proposed action to renew, terminate, or 61 
not renew the charter. A charter shall automatically renew with 62 
the same terms and conditions if a vote on the proposed action 63 
does not occur at least 90 days before the end of the school 64 
year in writing. The notice shall state in reasonable detail the 65 
grounds for the proposed action and stipulate that the school's 66 
governing board may, within 14 calendar days after receiving the 67 
notice, request a hearing. The hearing shall be conducted by a n 68 
administrative law judge assigned by the Division of 69 
Administrative Hearings. The hearing shall be conducted within 70 
90 days after receipt of the request for a hearing and in 71 
accordance with chapter 120. The administrative law judge's 72 
final order shall be submitted to the sponsor. The 73 
administrative law judge shall award the prevailing party 74 
reasonable attorney fees and costs incurred during the 75     
 
HB 225  	2022 
 
 
 
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administrative proceeding and any appeals. The charter school's 76 
governing board may, within 30 calendar days aft er receiving the 77 
final order, appeal the decision pursuant to s. 120.68. 78 
 Section 2.  This act shall take effect July 1, 2022. 79