Florida 2022 Regular Session

Florida House Bill H0225 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14+A bill to be entitled 1
1515 An act relating to charter school charters; amending 2
1616 s. 1002.33, F.S.; requiring a request for a 3
1717 consolidation of multiple charters to be approved or 4
1818 denied within a specified timeframe; requiring a 5
1919 charter school sponsor to provide specified 6
2020 information relating to a denial of a request for a 7
2121 consolidation to the charter school within a specified 8
2222 timeframe; revising the time period for notification 9
2323 of specified actions relating to a charter school 10
2424 charter; providing for the automatic renewal of a 11
2525 charter under certain circumstances; providing an 12
2626 effective date. 13
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2828 Be It Enacted by the Legislature of the State of Florida: 15
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3030 Section 1. Paragraph (d) of subs ection (7) and paragraph 17
3131 (b) of subsection (8) of section 1002.33, Florida Statutes, are 18
3232 amended to read: 19
3333 1002.33 Charter schools. — 20
3434 (7) CHARTER.—The terms and conditions for the operation of 21
3535 a charter school shall be set forth by the sponsor and the 22
3636 applicant in a written contractual agreement, called a charter. 23
3737 The sponsor and the governing board of the charter school shall 24
3838 use the standard charter contract pursuant to subsection (21), 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 which shall incorporate the approved application and any addenda 26
5252 approved with the application. Any term or condition of a 27
5353 proposed charter contract that differs from the standard charter 28
5454 contract adopted by rule of the State Board of Education shall 29
5555 be presumed a limitation on charter school flexibility. The 30
5656 sponsor may not impose unreasonable rules or regulations that 31
5757 violate the intent of giving charter schools greater flexibility 32
5858 to meet educational goals. The charter shall be signed by the 33
5959 governing board of the charter school and the sponsor, following 34
6060 a public hearing to ensure community input. 35
6161 (d) A charter may be modified during its initial term or 36
6262 any renewal term upon the recommendation of the sponsor or the 37
6363 charter school's governing board and the approval of both 38
6464 parties to the agreement. Changes to curriculu m which are 39
6565 consistent with state standards shall be deemed approved unless 40
6666 the sponsor and the Department of Education determine in writing 41
6767 that the curriculum is inconsistent with state standards. 42
6868 Modification during any term may include, but is not limi ted to, 43
6969 consolidation of multiple charters into a single charter if the 44
7070 charters are operated under the same governing board, regardless 45
7171 of the renewal cycle. A charter school that is not subject to a 46
7272 school improvement plan and that closes as part of a 47
7373 consolidation shall be reported by the sponsor as a 48
7474 consolidation. A request for consolidation of multiple charters 49
7575 must be approved or denied within 60 days after the submission 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 of the request. If the request is denied, the sponsor shall 51
8989 notify the charter school's governing board of the denial and 52
9090 provide the specific reasons, in reasonable detail, for the 53
9191 denial of the request for consolidation within 10 days. 54
9292 (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER. — 55
9393 (b) Before a vote on any proposed acti on to renew, 56
9494 terminate, other than an immediate termination under paragraph 57
9595 (c), or not renew the charter and at least 90 days before the 58
9696 end of the school year renewing, nonrenewing, or terminating a 59
9797 charter, the sponsor shall notify the governing board o f the 60
9898 school in writing of the proposed action to renew, terminate, or 61
9999 not renew the charter. A charter automatically renews with the 62
100100 same terms and conditions if notification does not occur at 63
101101 least 90 days before the end of the school year in writing. The 64
102102 notice shall state in reasonable detail the grounds for the 65
103103 proposed action and stipulate that the school's governing board 66
104104 may, within 14 calendar days after receiving the notice, request 67
105105 a hearing. The hearing shall be conducted by an administrative 68
106106 law judge assigned by the Division of Administrative Hearings. 69
107107 The hearing shall be conducted within 90 days after receipt of 70
108108 the request for a hearing and in accordance with chapter 120. 71
109109 The administrative law judge's final order shall be submitted to 72
110110 the sponsor. The administrative law judge shall award the 73
111111 prevailing party reasonable attorney fees and costs incurred 74
112112 during the administrative proceeding and any appeals. The 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125125 charter school's governing board may, within 30 calendar days 76
126126 after receiving the fi nal order, appeal the decision pursuant to 77
127127 s. 120.68. 78
128128 Section 2. This act shall take effect July 1, 2022. 79