This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0857b.EEC
DATE: 3/29/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 857 Charter Schools
SPONSOR(S): Choice & Innovation Subcommittee, Daniels and others
TIED BILLS: None. IDEN./SIM. BILLS: SB 1680
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY
CHIEF
1) Choice & Innovation Subcommittee 15 Y, 2 N, As CS McDaniel Sleap
2) Education & Employment Committee McDaniel Hassell
SUMMARY ANALYSIS
Current law authorizes a charter school to limit the enrollment process to students who meet reasonable
academic standards as established by the school. The bill clarifies that the admission and dismissal
procedures specified in a school’s charter may allow for dismissal based on a student’s academic
performance, if academic performance was identified in the school’s enrollment process.
The bill prohibits a landlord of a charter school, or his or her spouse, or an officer, director, or employee of an
entity that is a landlord of a charter school, or his or her spouse, from being a member of the governing board
of the charter school unless the charter school is established as a charter school-in-a-municipality and the
landlord is a municipal entity; or the landlord is a not-for-profit entity and a two-thirds majority vote of the
charter school board, excluding the vote of the landlord-affiliated board members, approves the landlord-
affiliated board member to be elected to, or remain on, the board.
The bill authorizes a charter school, including a high-performing charter school, to assign its charter to another
governing board, subject to approval by the sponsor, provided that the proposed governing board is a nonprofit
entity and meets all requirements under the law.
The bill requires the State Board of Education to adopt rules to implement a standard monitoring tool for
conducting annual site reviews of charter schools.
The bill amends the provision of student achievement for charter school capital outlay funding eligibility.
The bill authorizes a charter school governing board to adopt rules to allow for the issuance of an adjunct
teaching certificate to any applicant who fulfills the certification requirements under the law. A charter school
governing board must comply with the same requirements as a school district as it relates to certificate
issuance, validity period, posting requirements, and annual reporting.
The bill does not have a fiscal impact.
The bill has an effective date of July 1, 2023.
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Charter Schools
Present Situation
All charter schools in Florida are tuition-free public schools within the state’s public education system.
1
One of the guiding principles of charter schools is to “meet high standards of student achievement while
providing parents flexibility to choose among diverse educational opportunities within the state’s public
school system.”
2
Charter schools operate under a performance contract with a sponsor.
3
This
performance contract is known as a “charter.”
4
In Florida, several types of entities may authorize or “sponsor” charter schools:
School districts, Florida College System (FCS) institutions, and state universities may sponsor
charter schools.
5
State universities may sponsor charter lab schools.
6
School districts, FCS institutions, or a consortium of school districts or FCS institutions may
sponsor a charter technical career center.
7
During the 2021-2022 school year, there were 703 charter schools operating in 47 of Florida’s 67
school districts serving a total of 361,939 students.
8
Charter School Application
An application for a new charter school may be made by an individual, teachers, parents, a group of
individuals, a municipality or a legal entity organized under Florida law.
9
The school must be organized
as, or be operated by a municipality, a public entity authorized under the law, or a nonprofit
organization.
10
Each charter school must have a governing board. The board is responsible for:
negotiating the school’s charter agreement with its sponsor;
exercising continuing oversight over the school’s operations;
adopting and maintaining an annual operating budget;
ensuring that annual audits are conducted;
submitting monthly financial statements to the sponsor and implementing corrective actions to
remedy financial instability;
submitting the school’s annual progress report to the sponsor; and
1
Section 1002.33(1), F.S. Florida’s first charter school law was enacted in 1996. Chapter 96-186, L.O.F., initially codified at s.
228.056, F.S., re-designated in 2002 as s. 1002.33, F.S.
2
Section 1002.33(2)(a)1., F.S.
3
Section 1002.33(1), (7), and (9)(a), F.S.
4
Section 1002.33(7) and (9)(c), F.S.
5
Section 1002.33(5)(a)1.-3., F.S.; In 2021, the Legislature authorized Florida’s state universities and FCS institutions to solicit
applications and sponsor charter schools upon approval by the DOE. A state university or FCS institution may, at its discretion, deny
an application for a charter school. S. 1002.33(5)(a)3.c., F.S.
6
Sections 1002.32(2) and 1002.33(5)(a)2., F.S.
7
Section 1002.34(3)(a)-(b), F.S.
8
Florida Department of Education, Office of Independent Education & Parental Choice Reports, Fact Sheet, Florida’s Charter
Schools (Sept. 2022), available at https://www.fldoe.org/core/fileparse.php/7778/urlt/Charter-Sept-2022.pdf.
9
Section 1002.33(3)(a), F.S. see also Rule 6A-6.0786, F.A.C. and Florida Department of Education, Charter Schools, Model
Application Forms, https://www.fldoe.org/schools/school-choice/charter-schools/charter-school-reference/ (last visited Mar. 8, 2023).
10
Section 1002.33(12)(i), F.S. While a charter school must be a public or nonprofit entity, it may be managed by a for-profit education
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adopting policies which establish standards of ethical conduct for educational support
employees, instructional personnel, and school administrators.
11
A sponsor must receive and consider charter school applications during the year for charter schools to
be opened at a time determined by the applicant.
12
Charter school applications must:
13
demonstrate how the school will utilize the guiding principles;
14
provide a detailed curriculum plan aligned with the state’s academic standards;
15
contain goals and objectives for improving student learning and measuring such improvement;
describe the reading curricula and differentiated strategies for serving students at various levels
of reading ability;
contain an annual financial plan; and
disclose the name of each applicant, governing board member, and all proposed education
services providers; the name and sponsor of any charter school operated by each applicant,
each governing board member, and each proposed education services provider that has closed
and the reasons for the closure; and the academic and financial history of such charter school.
16
Charter
After a charter school application is approved, the terms of the charter must be negotiated by the
applicant and sponsor using the standard charter contract within 30 days after approval of the
application.
17
The initial term of a charter is 5 years, excluding 2 planning years.
18
The charter must
include:
19
the types of students to be served, including ages and grade levels;
the curriculum focus and instructional methods to be used;
20
baseline standards of student academic achievement, outcomes to be achieved and methods of
measurement to be used;
21
11
Section 1002.33(7), (9)(h)-(k), and (12)(g)3. F.S.
12
Section 1002.33(6)(b), F.S. (2021) Prior to this change in 2021, applications had a deadline of February 1, with a school opening
date of 18 months later or at a time determined by the applicant.
13
Section 1002.33(6)(a)1.-6., F.S. A sponsor may require the applicant to submit additional information as an addendum to the
application. See also Florida Department of Education, Charter Schools, Model Application Forms,
https://www.fldoe.org/schools/school-choice/charter-schools/charter-school-reference/ (last visited Mar. 8, 2023).
14
The legislative guiding principles for charter schools provide that they are to meet high standards of student achievement while
increasing parental choice; increase learning opportunities for all students, with special emphasis on low-performing students and
reading and utilize innovative learning methods. Charter schools may also serve to provide rigorous competition to stimulate
improvement in traditional public schools, expand the capacity of the public school system, mitigate the educational impact created by
the development of new residential dwelling units and create new professional opportunities for teachers, including ownership of the
learning program at the school site. Section 1002.33(2), F.S.
15
Section 1003.41, F.S.
16
The sponsor must consider the history of these entities in deciding to approve or deny the application. Section 1002.33(6)(a)6.,F.S.
17
Section 1002.33(7) and (7)(b), F.S. A sponsor may require the applicant to submit additional information as an addendum to the
application. See section 1002.33(6)(a)7., F.S.
18
Section 1002.33(7)(a)(12), F.S. (2018).
19
Section 1002.33(7)(a)1.-19., F.S.
20
The charter must ensure that reading is a primary focus of the curriculum and that resources are provided to identify and provide
specialized instruction to students who are reading below grade level. Additionally, to provide students with access to diverse
instructional delivery models, charter schools may implement blended learning courses. Section 1002.33(7)(a)2.a.-b., F.S. Any
changes to curriculum which are consistent with state standards are deemed approved under the charter unless the sponsor and the
DOE determine in writing that the curriculum is inconsistent with state standards. Section 1002.33(7)(d), F.S. (2021)
21
The district school board is required to provide academic student performance data for students coming from the district school
system to the charter, as well as rates of academic progress of comparable student populations in the district. Section 1002.33(7)(a)3.
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the method for determining the strengths and needs of students and whether they are meeting
educational goals
22
and for secondary charter schools,
23
the method to determine a student has
satisfied the requirements for high school graduation;
the method for resolving conflicts between the governing body and the sponsor;
admission and dismissal procedures and the school’s student conduct code;
methods for achieving a racial/ethnic balance reflective of the community served;
the financial and administrative management of the school, including experience required for
management positions and a description of internal audit controls;
asset and liability projections;
a description of plans to identify various risks, reduce losses and ensure student and faculty
safety;
an agreement that the charter may be cancelled if the school has made insufficient progress
with student achievement;
the facilities to be used;
teacher qualifications, governance structure and timetables for implementing each element of
the charter;
full disclosure of all charter school employees who are relatives of charter school officials and
employees who have decision making authority over charter school operations; and
provisions for implementing high-performing charter school benefits if the charter school is
designated as “high-performing.”
Student Eligibility for Enrollment
Charter schools are open to all students residing within a school district and students who are covered
by an inter-district enrollment agreement.
24
The charter school governing board determines the school’s
capacity based upon its contract.
25
Prospective students must apply for enrollment in a charter school
and, if the number of applications exceeds the school’s capacity, a random lottery must be used to
determine which students are enrolled.
26
Enrollment preference may be given to:
siblings of current charter school students;
children of a member of the charter school governing board;
children of charter school employees;
children who complete a Voluntary Prekindergarten Education (VPK) program, during the
previous year, provided by the charter school, the charter school’s governing board, or a VPK
provider which has a written agreement with the governing board;
children of active-duty U.S. Armed Forces personnel; and
children who attend or are assigned to a failing school.
27
Additionally, a charter school-in-the-workplace may give enrollment preference to students whose
parents are employees of the school’s business partner and students whose parents are residents of
the municipality in which the school is located. A charter school-in-a-municipality may also give
enrollment preference to students whose parents are residents or employees of a municipality that
operates a charter school-in-the-workplace or allows a charter school to use a school facility or portion
of land provided by the municipality for the operation of a charter school.
28
22
Students in a charter school must, at a minimum, participate in Florida’s statewide assessments. Section 1002.33(7)(a)4., F.S.
23
In this context, the term “secondary education” is synonymous with “middle or high school” (grades 6 through 12). Generally,
elementary schools serve students in kindergarten through grade 5, middle schools serve students in grades 6 through 8, and high
schools serve students in grades 9 through 12. See s. 1003.01(2), F.S. (definition of “school”).
24
Section 1002.33(10)(a), F.S. A charter school receiving federal Charter School Program grant funds must use a lottery if more
students apply for admission to the charter school than can be admitted, unless students are enrolling in the immediate prior grade
level of an “affiliated charter school.” However, a charter school may use a weighted lottery under certain prescribed circumstances.
see 20 U.S.C. s. 7221b(c)(3) and s. 7221i(2)(H). see also U.S. Department of Education, Office of Elementary & Secondary
Education, Dear Colleague Letter- ESSA flexibilities for CSP Grantees (Nov. 15, 2017), available at
https://oese.ed.gov/files/2019/11/CSP-DCL-1.pdf.
25
Section 1002.31(2)(b), F.S.
26
Section 1002.33(10)(b), F.S.
27
Section 1002.33(10)(d)1.-3. and 5.-7., F.S.
28
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A charter school may limit the enrollment process in order to target the following student populations:
29
Students within specific age groups or grade levels.
Students considered at risk of dropping out of school.
Exceptional education students.
Children of a business partner who seek to enroll in a charter school-in-the-workplace or
children of municipal residents who seek to enroll in a charter school-in-a-municipality.
Students residing within a reasonable distance of the charter school.
Students who meet reasonable academic, artistic or other eligibility standards established by
the charter school.
Students articulating from one charter school to another pursuant to an articulation agreement
between the charter schools that has been approved by the sponsor.
Students living in a development in which a developer, including any affiliated business entity or
charitable foundation, contributes to the formation, acquisition, construction, or operation of one
or more charter school facilities and related property in an amount equal to or having a total
appraised value of at least $5 million to be used as charter schools to mitigate the educational
impact created by the development of new residential dwelling units.
30
High-Performing Charter Schools
A high-performing charter school is a charter school that:
31
received at least two school grades of “A” and no school grade below “B,” during each of the
previous three school years or received at least two consecutive school grades of "A" in the
most recent two school years for the years that the school received a grade; or
receives, during its first three years of operation, funding through the National Fund of the
Charter School Growth Fund,
32
and has received no school grade lower than a “C” during each
of the previous three school years for the years the school received a grade; and
received an unqualified opinion
33
on each annual financial audit;
did not receive an annual financial audit that revealed a financial emergency condition.
34
The Commissioner of Education (commissioner), upon request by a charter school, must verify that the
school meets the qualifications above, and provide a verification letter to both the school and the
school’s sponsor. The commissioner must annually determine whether a high-performing charter
school continues to meet the high-performing eligibility criteria, and if the charter school does not meet
the criteria, the commissioner must send a letter to the school notifying it of its declassification as a
high-performing charter school.
35
A high-performing charter school is authorized to:
36
29
Section 1002.33(10)(e)1.-7., F.S.;
30
Id. Students living in such a development are entitled to 50 percent of the student stations in the charter schools.
31
Section 1002.331(1)(a)-(c), F.S.
32
Charter School Growth Fund, Apply for Funding, https://chartergrowthfund.org/apply-for-funding/ (last visited Mar. 21, 2023).
33
An unqualified audit opinion means that the charter school’s financial statements are materially correct. See Public Company
Accounting Oversight Board, Standards, AS 3101: The Auditor's Report on an Audit of Financial Statements When the Auditor
Expresses an Unqualified Opinion, https://pcaobus.org/Standards/Auditing/Pages/AS3101.aspx (last visited Mar. 21, 2023).
34
Section 218.503(1), F.S. A financial emergency condition includes failure to pay short-term loans, make bond debt service or pay
long-term debt payments due to lack of funds; failure to pay uncontested creditor claims within 90 days; failure to pay withheld
employee income taxes or make employer contributions to social security or pensions or failure for one pay period to pay, wages,
salaries, and retirement benefits owed. Section 1002.331(1)(c), F.S. A charter school-in-the-workplace satisfies audit requirements if
the auditor finds that sufficient monetary resources are available to cover any reported deficiency or if the deficiency does not result in
a deteriorating financial condition. Section 1002.345(1)(a)3., F.S. A “deteriorating financial condition” is a circumstance that
significantly impairs the ability of a charter school to generate enough revenue to meet its expenditures without causing the occurrence
of a financial emergency condition described in s. 218.503(1), F.S.
35
Section 1002.331(4), F.S. Verification of eligibility is based upon the most recent available school grade and financial audit
information. Id. Charter school audit reports may be filed with the auditor general as much as nine months after the end of the fiscal
year. See s. 218.39(1), F.S.
36
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increase its student enrollment once per school year to more than the capacity identified in the
charter, but student enrollment may not exceed the capacity of the facility at the same time the
enrollment increase will take effect;
expand grade levels within kindergarten through grade 12 to add grade levels not already
served if any annual enrollment increase resulting from grade level expansion is within the limit;
submit a quarterly, rather than monthly, financial statement to the sponsor;
consolidate under a single charter the charters of multiple high-performing charter schools
operated in the same school district by the charter schools’ governing board regardless of the
renewal cycle; and
receive a modification of its charter to a term of 15 years of a 15-year charter renewal.
Charter Governing Board Ethical Standards
An employee of a charter school or charter management organization and their spouses are prohibited
from being a member of the governing board of a charter school.
37
Charter school governing board
members, including those operated by private entities are subject to the same requirements that apply
to public employees for the solicitation and acceptance of gifts, business transactions, conflicting
employment or contractual relationships, and voting conflicts.
38
Board members who violate any of these provisions are subject to various penalties, including fines;
impeachment, removal, or suspension from office for officers; dismissal from employment; and
reduction in, or forfeiture of, salary.
39
Standard Forms
The Department of Education (DOE) must provide information to the public, directly and through
sponsors, on how to form and operate a charter school and how to enroll in a charter school once it is
created. The information must include the standard application form, standard charter and virtual
charter contracts, standard evaluation instrument, and standard charter and virtual charter renewal
contracts.
40
To fulfill these requirements, the DOE, after consulting with sponsors and charter school
directors, must recommend that the State Board of Education (SBE) adopt rules to implement the
forms.
41
37
Section 1002.33(26)(c), F.S.
38
Section 1002.33(26)(a)-(b), F.S. A board member, like public employees or officers, may seek a waiver from the governing board
after providing full disclosure of a transaction or relationship, from the provisions for business transactions and conflicts of interest.
Section 112.313(12), F.S.
39
Section 112.317, F.S.
40
Section 1002.33(21), F.S.
41
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Effect of Proposed Changes
Current law authorizes a charter school to limit the enrollment process to students who meet
reasonable academic standards as established by the school. The bill clarifies that the admission and
dismissal procedures specified in a school’s charter may allow for dismissal based on a student’s
academic performance if academic performance was identified in the school’s enrollment process.
The bill prohibits a landlord of a charter school, or his or her spouse, or an officer, director, or employee
of an entity that is a landlord of a charter school, or his or her spouse, from being a member of the
governing board of the charter school unless:
the charter school is established as a charter school-in-a-municipality and the landlord is a
municipal entity; or
the landlord is a not-for-profit entity and a two-thirds majority vote of the charter school board,
excluding the vote of the landlord-affiliated board members, approves the landlord-affiliated
board member to be elected to, or remain on, the board.
The bill authorizes a charter school, including a high-performing charter school, to assign its charter to
another governing board, subject to approval by the sponsor, provided that the proposed governing
board is a nonprofit entity and meets all requirements under the law.
The bill requires the SBE to adopt rules to implement a standard monitoring tool for conducting annual
site reviews of charter schools.
Charter School Capital Outlay
Present Situation
Beginning in Fiscal Year (FY) 2023-2024, charter school capital outlay funding consists of state funds
when funds are appropriated in the GAA and revenue resulting from the 1.5 discretionary millage a
school district levies if the amount of state funds appropriated for charter school capital outlay is less
than the average charter school capital outlay funds per unweighted full-time equivalent student for FY
2018-2019, multiplied by the estimated number of charter school students for the applicable fiscal year,
and adjusted by changes in the Consumer Price Index issued by the United States Department of
Labor from the previous fiscal year.
42
In FY 2022-2023, the Legislature appropriated $195,768,743 for
the Charter School Capital Outlay Allocation.
43
To be eligible for charter school capital outlay funding, a charter school must:
be in operation for at least two years;
be governed by a governing board established in Florida for two or more years which operates
both charter schools and conversion charter schools within the state;
be part of an expanded feeder chain with an existing charter school in the district that is
currently receiving charter school capital outlay funds;
be accredited by a regional accrediting association as defined by state board rule;
serve students in facilities that are provided by a business partner for a charter school-in-the-
workplace; or
be operated by a hope operator.
44
42
Section 1013.62(1), F.S. For the 2022-2023 fiscal year, charter capital outlay consisted of funds appropriated in the General
Appropriations Act.
43
Florida Department of Education, 2022-23 Funding for Florida’s School Districts, at 7, available at
https://www.fldoe.org/core/fileparse.php/7507/urlt/fefpdist.pdf.
44
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In addition, a charter school must:
have an annual audit that does not reveal a financial emergency for the most recent fiscal year
for which such audit results are available;
have satisfactory student achievement based upon the state accountability standards applicable
to charter schools;
have received final approval from its sponsor for operation during that fiscal year; and
serve students in facilities that are not provided by the charter school sponsor.
45
Under SBE rule, satisfactory student achievement is determined by the school’s most recent grade
designation or school improvement rating from the state accountability system.
46
Satisfactory student
achievement for a school that does not receive a school grade or a school improvement rating,
including a school that has not been in operation for at least one year, are based on the student
performance metrics in the charter school’s charter agreement.
47
Allocations are not distributed until
school grade designations are known.
48
A charter school is not eligible for capital outlay funding if the
charter:
49
receives a grade designation of “F” or two consecutive grades lower than a “C”; or
receives a school improvement rating of “Unsatisfactory”.
Capital outlay funds may be used by a charter school’s governing board for the following:
50
Purchase of real property.
Construction of school facilities.
Purchase, lease-purchase or lease of permanent or relocatable school facilities.
Purchase of vehicles to transport students to and from the charter school.
Renovation, repair, and maintenance of school facilities that the charter school owns or is
purchasing through a lease-purchase or long-term lease of five years or longer.
Payment of the cost of premiums for property and casualty insurance necessary to insure the
school facilities.
Purchase, lease-purchase or lease of driver’s education vehicles, motor vehicles used for the
maintenance or operation of plants and equipment, security vehicles, or vehicles used in storing
or distributing materials and equipment.
Purchase, lease-purchase, or lease of computer and device hardware and operating system
software necessary for gaining access to or enhancing the use of electronic and digital
instructional content and resources.
Payment of the cost of the opening day collection for the library media center of a new school.
Effect of Proposed Changes
The bill amends the provision of student achievement for charter school capital outlay funding eligibility.
Under the bill, a charter school that meets the eligibility requirements under the law will be eligible for
charter capital outlay funding, so long as the school has not earned two consecutive grades of “F” or
three consecutive grades below a “C”.
45
Section 1013.62(1)(a)2.-5., F.S. A conversion charter school, i.e., a charter school created by the conversion of an existing public
school to charter status, is not eligible for capital outlay funding if it operates in facilities provided by its sponsor at no charge or for a
nominal fee or if it is directly or indirectly operated by the school district. S. 1013.62(1)(b), F.S.
46
Rule 6A-2.0020(4), F.A.C.
47
Id.
48
Id.
49
Rule 6A-2.0020(4)(a)-(b), F.A.C.
50
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Educator Certification
Present Situation
In order for a person to serve as an educator in a traditional public school, charter school, virtual
school, or other publicly operated school, the person must hold a certificate issued by the DOE.
51
Persons seeking employment at a public school as a school supervisor, principal, teacher, library media
specialist, counselor, athletic coach, or in another instructional capacity must be certified.
52
The
purpose of certification is to require school-based personnel to “possess the credentials, knowledge,
and skills necessary to allow the opportunity for a high-quality education in the public schools.”
53
The DOE issues three types of educator certificates:
Professional Certificate. The professional certificate is Florida’s highest type of full-time
educator certification.
54
The professional certificate is valid for 5 years and is renewable.
55
Temporary Certificate. The temporary certificate covers employment in full-time positions for
which educator certification is required.
56
Generally, a temporary certificate is valid for 3 years
and is nonrenewable.
57
Athletic Coaching Certificate. The athletic coaching certificate covers full-time and part-time
employment as a public school’s athletic coach.
58
The DOE issues two types of athletic
coaching certificates – one is valid for 5 years and may be issued for subsequent 5-year periods
while the other is valid for 3 years and may be issued only once.
59
The 5-year certificate
requires satisfaction of certain specialization requirements established in rule.
60
To be eligible for an educator certificate, a person must:
61
be at least 18 years of age;
sign an affidavit attesting that the applicant will uphold the U.S. and State Constitutions;
earn a bachelor’s or higher degree from an accredited institution of higher learning
62
or from a
nonaccredited institution identified by the DOE as having a quality program resulting in a
bachelor’s or higher degree;
63
submit to fingerprinting and background screening and not have a criminal history that requires
the applicant’s disqualification from certification or employment;
51
Sections 1012.55(1) and 1002.33(12)(f), F.S.
52
Sections 1002.33(12)(f) (charter school teachers) and 1012.55(1), F.S. District school boards and charter school governing boards
are authorized to hire non-certified individuals who possess expertise in a given field to serve in an instructional capacity. Rule 6A-
1.0502, F.A.C.; ss. 1002.33(12)(f) and 1012.55(1)(c), F.S. Occupational therapists, physical therapists, audiologists, and speech
therapists are not required to be certified educators. Rule 6A-1.0502(10) and (11), F.A.C.
53
Section 1012.54, F.S.; see rule 6A-4.001(1), F.A.C.
54
Rule 6A-4.004(3), F.A.C.
55
Section 1012.56(7)(a), F.S.; see rule 6A-4.0051(3)(d), F.A.C. (validity period is expressed as 5 years from July 1 of the school fiscal
year). The DOE also issues a nonrenewable 5-year professional certificate that allows an applicant with a bachelor’s degree in the area
of speech-language impairment to complete a master’s degree in speech-language impairment. Section 1012.56(7)(c), F.S.; rule 6A-
4.004(4), F.A.C.
56
Rule 6A-4.004(1)(a)2., F.A.C.
57
Section 1012.56(7)(e), F.S. (flush-left provisions at end of subsection; validity period is expressed in school fiscal years); rule 6A-
4.004(1)(a), F.A.C. The veteran’s pathway to educator certification authorizes a 5 year nonrenewable temporary certificate. Section
1012.56(7)(e)2., F.S. The DOE also issues a nonrenewable temporary certificate, which is valid for 2 years, in the area of speech-
language impairment. Sections 1012.56(7)(c), F.S.
58
Section 1012.55(2)(a), F.S.
59
Rule 6A-4.004(5), F.A.C. (validity periods expressed in school fiscal years).
60
See rule 6A-4.0282, F.A.C.
61
Section 1012.56(2)(a)-(f), F.S.
62
Section 1012.56(2)(c), F.S.; rule 6A-4.003(1), F.A.C. (approved accrediting agencies); see also 34 C.F.R. ss. 602.1-602.50; U.S.
Department of Education, Institutional Accrediting Agencies,
https://www2.ed.gov/admins/finaid/accred/accreditation_pg3.html#RegionalInstitutional (last visited Mar. 21, 2023) (list of
accrediting agencies approved by the U.S. Department of Education).
63
Section 1012.56(2)(c), F.S.; rule 6A-4.003(2), F.A.C. (criteria for approval of nonaccredited institutions of higher learning). For
initial certification, an applicant must attain at least a 2.5 overall grade point average on a 4.0 scale in the applicant’s major field of
study. Section 1012.56(2)(c), F.S. STORAGE NAME: h0857b.EEC PAGE: 10
DATE: 3/29/2023
be of good moral character; and
be competent and capable of performing the duties, functions, and responsibilities of a teacher.
An applicant must submit an application and the required fee to the DOE.
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In addition to the certifications issued by the DOE, school districts are authorized to issue adjunct
teaching certificates to instructional staff who have expertise in the subject area to be taught. To be
eligible for an adjunct certificate, an applicant must meet all general requirements for educator
certification and demonstrate expertise in the area to be taught by passing a subject-area test. A school
district may issue an adjunct teaching certificate for a part-time or full-time teaching position.
An adjunct teaching certificate issued for a full-time teaching position is valid for no more than 3 years
and is nonrenewable. An adjunct teaching certificate is valid through the term of the annual contract
between the educator and the school district.
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School districts are required to:
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post requirements on its website for the issuance of an adjunct teaching certificate, which must
specify the subject area test through which an applicant demonstrates subject area mastery;
and
annually report to the DOE the number of adjunct teaching certificates issued for part-time and
full-time teaching positions.
Effect of Proposed Changes
Similar to district school boards, the bill authorizes a charter school governing board to adopt rules to
allow for the issuance of an adjunct teaching certificate to any applicant who fulfills the certification
requirements under the law. A charter school governing board must comply with the same
requirements as a district school board as it relates to certificate issuance, validity period, posting
requirements, and annual reporting.
B. SECTION DIRECTORY:
Section 1. Amends s. 1002.33, F.S., providing clarifying language relating to admission and
dismissal procedures; authorizing a charter school to assign its charter to another
governing board that meets specified requirements upon approval of the sponsor;
providing the circumstances under which the landlord of a charter school or certain other
individuals may serve on a charter school governing board; requiring the State Board of
Education to adopt rules to implement a standard monitoring tool.
Section 2. Amending s. 1002.331, F.S., conforming provisions to changes made by the act.
Section 3. Amending s. 1013.62, F.S., revising charter school capital outlay fund eligibility.
Section 4. Amending s. 1012.57, F.S., authorizing charter school governing boards to adopt rules
to allow for issuing adjunct teaching certificates; requiring a charter school to post
specified requirements on its websites and annually report specified information relating
to adjunct teaching certificates to the Department of Education.
Section 5. Providing an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
64
Section 1012.56(1), F.S.; see s. 1012.59, F.S. The fee for initial certification is $75 per subject area. Rule 6A-4.0012(1)(a)1. and 2.,
F.A.C.
65
Section 1012.57(1) and (4), F.S. An additional annual certification and an additional annual contract may be awarded by the district
at its discretion only if the adjunct teacher is rated effective or highly effective during each year of teaching under the adjunct
certification. Section 1012.57(4), F.S.
66
Section 1012.57(6)(a)-(b), F.S. STORAGE NAME: h0857b.EEC PAGE: 11
DATE: 3/29/2023
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
None.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On March 21, 2023, the Choice & Innovation Subcommittee adopted three amendments and reported the
bill favorably as a committee substitute. The amendments:
require the State Board of Education to adopt rules to develop a standard monitoring tool for
conducting annual site reviews of charter schools;
authorize a charter school and a high-performing charter to assign its charter to another governing
board, subject to approval by the sponsor, provided that the proposed governing board is a
nonprofit entity and meets all requirements under the law;
specify the circumstances under which the landlord of a charter school or certain other individuals
may serve on a charter school governing board;
revise eligibility for charter school capital outlay funding based on student achievement; STORAGE NAME: h0857b.EEC PAGE: 12
DATE: 3/29/2023
authorize a charter school governing board to adopt rules to allow for issuing adjust teaching
certificates;
require a charter school governing board to comply with the same requirements as a district school
board as it relates to certificate issuance, validity period, posting requirements, and annual
reporting.
The bill analysis is drafted to the committee substitute adopted by the Choice & Innovation Subcommittee.