15 | 15 | | An act relating to charter school charters; amending 2 |
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16 | 16 | | s. 1002.33, F.S.; requiring a request for a 3 |
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17 | 17 | | consolidation of multiple charters to be approved or 4 |
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18 | 18 | | denied within a specified timeframe; requiring a 5 |
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19 | 19 | | charter school sponsor to provide specified 6 |
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20 | 20 | | information relating to a denial of a request for a 7 |
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21 | 21 | | consolidation to the charter school within a specified 8 |
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22 | 22 | | timeframe; revising the time period for notification 9 |
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23 | 23 | | of specified actions relating to a charter school 10 |
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24 | 24 | | charter; providing for the automatic renewal of a 11 |
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25 | 25 | | charter under certain circumstances; providing an 12 |
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26 | 26 | | effective date. 13 |
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27 | 27 | | 14 |
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28 | 28 | | Be It Enacted by the Legislature of the State of Florida: 15 |
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29 | 29 | | 16 |
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30 | 30 | | Section 1. Paragraph (d) of subs ection (7) and paragraph 17 |
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31 | 31 | | (b) of subsection (8) of section 1002.33, Florida Statutes, are 18 |
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32 | 32 | | amended to read: 19 |
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33 | 33 | | 1002.33 Charter schools. — 20 |
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34 | 34 | | (7) CHARTER.—The terms and conditions for the operation of 21 |
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35 | 35 | | a charter school shall be set forth by the sponsor and the 22 |
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36 | 36 | | applicant in a written contractual agreement, called a charter. 23 |
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37 | 37 | | The sponsor and the governing board of the charter school shall 24 |
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38 | 38 | | use the standard charter contract pursuant to subsection (21), 25 |
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46 | 46 | | Page 2 of 4 |
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47 | 47 | | 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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50 | 50 | | |
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51 | 51 | | which shall incorporate the approved application and any addenda 26 |
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52 | 52 | | approved with the application. Any term or condition of a 27 |
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53 | 53 | | proposed charter contract that differs from the standard charter 28 |
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54 | 54 | | contract adopted by rule of the State Board of Education shall 29 |
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55 | 55 | | be presumed a limitation on charter school flexibility. The 30 |
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56 | 56 | | sponsor may not impose unreasonable rules or regulations that 31 |
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57 | 57 | | violate the intent of giving charter schools greater flexibility 32 |
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58 | 58 | | to meet educational goals. The charter shall be signed by the 33 |
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59 | 59 | | governing board of the charter school and the sponsor, following 34 |
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60 | 60 | | a public hearing to ensure community input. 35 |
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61 | 61 | | (d) A charter may be modified during its initial term or 36 |
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62 | 62 | | any renewal term upon the recommendation of the sponsor or the 37 |
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63 | 63 | | charter school's governing board and the approval of both 38 |
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64 | 64 | | parties to the agreement. Changes to curriculu m which are 39 |
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65 | 65 | | consistent with state standards shall be deemed approved unless 40 |
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66 | 66 | | the sponsor and the Department of Education determine in writing 41 |
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67 | 67 | | that the curriculum is inconsistent with state standards. 42 |
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68 | 68 | | Modification during any term may include, but is not limi ted to, 43 |
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69 | 69 | | consolidation of multiple charters into a single charter if the 44 |
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70 | 70 | | charters are operated under the same governing board, regardless 45 |
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71 | 71 | | of the renewal cycle. A charter school that is not subject to a 46 |
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72 | 72 | | school improvement plan and that closes as part of a 47 |
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73 | 73 | | consolidation shall be reported by the sponsor as a 48 |
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74 | 74 | | consolidation. A request for consolidation of multiple charters 49 |
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75 | 75 | | must be approved or denied within 60 days after the submission 50 |
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83 | 83 | | Page 3 of 4 |
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84 | 84 | | 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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88 | 88 | | of the request. If the request is denied, the sponsor shall 51 |
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89 | 89 | | notify the charter school's governing board of the denial and 52 |
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90 | 90 | | provide the specific reasons, in reasonable detail, for the 53 |
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91 | 91 | | denial of the request for consolidation within 10 days. 54 |
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92 | 92 | | (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER. — 55 |
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93 | 93 | | (b) Before a vote on any proposed acti on to renew, 56 |
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94 | 94 | | terminate, other than an immediate termination under paragraph 57 |
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95 | 95 | | (c), or not renew the charter and at least 90 days before the 58 |
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96 | 96 | | end of the school year renewing, nonrenewing, or terminating a 59 |
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97 | 97 | | charter, the sponsor shall notify the governing board o f the 60 |
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98 | 98 | | school in writing of the proposed action to renew, terminate, or 61 |
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99 | 99 | | not renew the charter. A charter automatically renews with the 62 |
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100 | 100 | | same terms and conditions if notification does not occur at 63 |
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101 | 101 | | least 90 days before the end of the school year in writing. The 64 |
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102 | 102 | | notice shall state in reasonable detail the grounds for the 65 |
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103 | 103 | | proposed action and stipulate that the school's governing board 66 |
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104 | 104 | | may, within 14 calendar days after receiving the notice, request 67 |
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105 | 105 | | a hearing. The hearing shall be conducted by an administrative 68 |
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106 | 106 | | law judge assigned by the Division of Administrative Hearings. 69 |
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107 | 107 | | The hearing shall be conducted within 90 days after receipt of 70 |
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108 | 108 | | the request for a hearing and in accordance with chapter 120. 71 |
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109 | 109 | | The administrative law judge's final order shall be submitted to 72 |
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110 | 110 | | the sponsor. The administrative law judge shall award the 73 |
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111 | 111 | | prevailing party reasonable attorney fees and costs incurred 74 |
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112 | 112 | | during the administrative proceeding and any appeals. The 75 |
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