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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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An act relating to charter school charters; amending 2
s. 1002.33, F.S.; requiring a request for a 3
consolidation of multiple charters to be approved or 4
denied within a specified timeframe; requiring a 5
charter school sponsor to provide specified 6
information relating to a denial of a request for a 7
consolidation to the charter school within a specified 8
timeframe; revising the time period for notification 9
of specified actions relating to a charter school 10
charter; providing for the automatic renewal of a 11
charter under certain circumstances; providing an 12
effective date. 13
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Be It Enacted by the Legislature of the State of Florida: 15
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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 sponsor 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
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which shall incorporate the approved application and any add enda 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. The 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. Changes to cu rriculum 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, but is n ot 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 as part of a 47
consolidation shall be reported by the sponsor as a 48
consolidation. A request for consolidation of multiple charters 49
must be approved or denied within 60 days after the submission 50
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of the request. If the request is denied, the sponsor shall 51
notify the charter school's governing board of the denial and 52
provide the specific reasons, in reasonable detail, for the 53
denial of the request for consolidation within 10 days. 54
(8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER. — 55
(b) Before a vote on any propos ed action to renew, 56
terminate, other than an immediate termination under paragraph 57
(c), or not renew the charter and at least 90 days before the 58
end of the school year renewing, nonrenewing, or terminating a 59
charter, the sponsor shall notify the governing board of the 60
school in writing of the proposed action to renew, terminate, or 61
not renew the charter. A charter automatically renews with the 62
same terms and conditions if notification does not occur at 63
least 90 days before the end of the school year in writing. The 64
notice shall state in reasonable detail the grounds for the 65
proposed action and stipulate that the school's governing board 66
may, within 14 calendar days after receiving the notice, request 67
a hearing. The hearing shall be conducted by an administra tive 68
law judge assigned by the Division of Administrative Hearings. 69
The hearing shall be conducted within 90 days after receipt of 70
the request for a hearing and in accordance with chapter 120. 71
The administrative law judge's final order shall be submitted t o 72
the sponsor. The administrative law judge shall award the 73
prevailing party reasonable attorney fees and costs incurred 74
during the administrative proceeding and any appeals. The 75
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charter school's governing board may, within 30 calendar days 76
after receiving the final order, appeal the decision pursuant to 77
s. 120.68. 78
Section 2. This act shall take effect July 1, 2022. 79