Florida Senate - 2022 SB 892 By Senator Burgess 20-01034-22 2022892__ 1 A bill to be entitled 2 An act relating to charter school charters; amending 3 s. 1002.33, F.S.; requiring a request for a 4 consolidation of multiple charters to be approved or 5 denied within a specified timeframe; requiring a 6 charter school sponsor to provide to the charter 7 school specified information relating to a denial of a 8 request for a consolidation within a certain 9 timeframe; revising the time period for notification 10 of specified actions relating to a charter school 11 charter; providing for the automatic renewal of a 12 charter under certain circumstances; providing an 13 effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1.Paragraph (d) of subsection (7) and paragraph 18 (b) of subsection (8) of section 1002.33, Florida Statutes, are 19 amended to read: 20 1002.33Charter schools. 21 (7)CHARTER.The terms and conditions for the operation of 22 a charter school shall be set forth by the sponsor and the 23 applicant in a written contractual agreement, called a charter. 24 The sponsor and the governing board of the charter school shall 25 use the standard charter contract pursuant to subsection (21), 26 which shall incorporate the approved application and any addenda 27 approved with the application. Any term or condition of a 28 proposed charter contract that differs from the standard charter 29 contract adopted by rule of the State Board of Education shall 30 be presumed a limitation on charter school flexibility. The 31 sponsor may not impose unreasonable rules or regulations that 32 violate the intent of giving charter schools greater flexibility 33 to meet educational goals. The charter shall be signed by the 34 governing board of the charter school and the sponsor, following 35 a public hearing to ensure community input. 36 (d)A charter may be modified during its initial term or 37 any renewal term upon the recommendation of the sponsor or the 38 charter schools governing board and the approval of both 39 parties to the agreement. Changes to curriculum which are 40 consistent with state standards shall be deemed approved unless 41 the sponsor and the Department of Education determine in writing 42 that the curriculum is inconsistent with state standards. 43 Modification during any term may include, but is not limited to, 44 consolidation of multiple charters into a single charter if the 45 charters are operated under the same governing board, regardless 46 of the renewal cycle. A charter school that is not subject to a 47 school improvement plan and that closes as part of a 48 consolidation shall be reported by the sponsor as a 49 consolidation. A request for consolidation of multiple charters 50 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 schools governing board of the denial and 53 provide the specific reasons, in reasonable detail, for the 54 denial of the request for consolidation within 10 days. 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 district school year renewing, nonrenewing, or 59 terminating a charter, the sponsor shall notify the governing 60 board of the school in writing of the proposed action to renew, 61 terminate, or not renew the charter. A charter must 62 automatically renew with the same terms and conditions if a vote 63 on the proposed action does not occur at least 90 days before 64 the end of the school year in writing. The notice shall state in 65 reasonable detail the grounds for the proposed action and 66 stipulate that the schools governing board may, within 14 67 calendar days after receiving the notice, request a hearing. The 68 hearing shall be conducted by an administrative law judge 69 assigned by the Division of Administrative Hearings. The hearing 70 shall be conducted within 90 days after receipt of the request 71 for a hearing and in accordance with chapter 120. The 72 administrative law judges final order shall be submitted to the 73 sponsor. The administrative law judge shall award the prevailing 74 party reasonable attorney fees and costs incurred during the 75 administrative proceeding and any appeals. The charter schools 76 governing board may, within 30 calendar days after receiving the 77 final order, appeal the decision pursuant to s. 120.68. 78 Section 2.This act shall take effect July 1, 2022.