18 | | - | charter school to assign its charter to a high -5 |
---|
19 | | - | performing charter school in the same district; 6 |
---|
20 | | - | authorizing the transfer of specified assets to 7 |
---|
21 | | - | certain charter schools within the state; providing 8 |
---|
22 | | - | requirements for such transfers; providing the 9 |
---|
23 | | - | circumstances under which the landlord of a charter 10 |
---|
24 | | - | school or certain other individuals may serve on a 11 |
---|
25 | | - | charter school governing board; requiring the State 12 |
---|
26 | | - | Board of Education to adopt rules to implement a 13 |
---|
27 | | - | standard monitoring tool; amending s. 1002.331, F.S.; 14 |
---|
28 | | - | conforming provisions to changes made by the act; 15 |
---|
29 | | - | amending s. 1013.62, F.S.; revising charter school 16 |
---|
30 | | - | capital outlay fund eligibility; amending s. 1012.57, 17 |
---|
31 | | - | F.S.; authorizing charter school governing boards to 18 |
---|
32 | | - | issue adjunct teaching certificates; requiring a 19 |
---|
33 | | - | charter school to post specified requirements on its 20 |
---|
34 | | - | websites and annually report specified information 21 |
---|
35 | | - | relating to adjunct teaching certificates to the 22 |
---|
36 | | - | Department of Education; providing an effective date. 23 |
---|
37 | | - | 24 |
---|
38 | | - | Be It Enacted by the Legislature of the State of Florid a: 25 |
---|
| 18 | + | charter school to assign its charter to another 5 |
---|
| 19 | + | governing board that meets specified requirements upon 6 |
---|
| 20 | + | approval of the sponsor; providing the circumstances 7 |
---|
| 21 | + | under which the landlord of a charter school or 8 |
---|
| 22 | + | certain other individuals may serve on a charter 9 |
---|
| 23 | + | school governing board; requiring the State Board of 10 |
---|
| 24 | + | Education to adopt rules to implement a standard 11 |
---|
| 25 | + | monitoring tool; amending s. 1002.331, F.S.; 12 |
---|
| 26 | + | conforming provisions to changes made by the act; 13 |
---|
| 27 | + | amending s. 1013.62, F.S.; revising charter school 14 |
---|
| 28 | + | capital outlay fund eligibility; amending s. 1012.57, 15 |
---|
| 29 | + | F.S.; authorizing charter school governing boards to 16 |
---|
| 30 | + | adopt rules to allow for issuing adjunct teaching 17 |
---|
| 31 | + | certificates; requiring a charter school to post 18 |
---|
| 32 | + | specified requirements on its websites and annually 19 |
---|
| 33 | + | report specified information relating to adjunct 20 |
---|
| 34 | + | teaching certificates to the Department of Education; 21 |
---|
| 35 | + | providing an effective date. 22 |
---|
| 36 | + | 23 |
---|
| 37 | + | Be It Enacted by the Legislature of the State of Florida: 24 |
---|
| 38 | + | 25 |
---|
51 | | - | 26 |
---|
52 | | - | Section 1. Paragraphs (a) and (d) of subsection (7), 27 |
---|
53 | | - | paragraph (b) of subsection (17), and subsection (28) of section 28 |
---|
54 | | - | 1002.33, Florida Statutes, are amended and paragraph (d) is 29 |
---|
55 | | - | added to subsection (26) of that section, to read: 30 |
---|
56 | | - | 1002.33 Charter schools.— 31 |
---|
57 | | - | (7) CHARTER.—The terms and conditions for the operation of 32 |
---|
58 | | - | a charter school, including a virtual charter school, shall be 33 |
---|
59 | | - | set forth by the sponsor and the applicant in a written 34 |
---|
60 | | - | contractual agreement, called a charter. The sponsor and the 35 |
---|
61 | | - | governing board of the charter school or virtual charter school 36 |
---|
62 | | - | shall use the standard charter contract or standard virtual 37 |
---|
63 | | - | charter contract, respectively, pursuant to subsection (21), 38 |
---|
64 | | - | which shall incorporate the approved application and any addenda 39 |
---|
65 | | - | approved with the application. Any term or condition of a 40 |
---|
66 | | - | proposed charter contract or proposed virtual charter contract 41 |
---|
67 | | - | that differs from the standard charter or virtual charter 42 |
---|
68 | | - | contract adopted by rule of the State Board of Education shall 43 |
---|
69 | | - | be presumed a limitation o n charter school flexibility. The 44 |
---|
70 | | - | sponsor may not impose unreasonable rules or regulations that 45 |
---|
71 | | - | violate the intent of giving charter schools greater flexibility 46 |
---|
72 | | - | to meet educational goals. The charter shall be signed by the 47 |
---|
73 | | - | governing board of the charter sc hool and the sponsor, following 48 |
---|
74 | | - | a public hearing to ensure community input. 49 |
---|
75 | | - | (a) The charter shall address and criteria for approval of 50 |
---|
| 51 | + | Section 1. Paragraphs (a) and (d) of subsection (7) and 26 |
---|
| 52 | + | subsection (28) of section 1002.33, Florida Statutes, are 27 |
---|
| 53 | + | amended and paragraph (d) is added to subsection (26) to read: 28 |
---|
| 54 | + | 1002.33 Charter schools. — 29 |
---|
| 55 | + | (7) CHARTER.—The terms and conditions for the operation of 30 |
---|
| 56 | + | a charter school, including a virtual charter school, s hall be 31 |
---|
| 57 | + | set forth by the sponsor and the applicant in a written 32 |
---|
| 58 | + | contractual agreement, called a charter. The sponsor and the 33 |
---|
| 59 | + | governing board of the charter school or virtual charter school 34 |
---|
| 60 | + | shall use the standard charter contract or standard virtual 35 |
---|
| 61 | + | charter contract, respectively, pursuant to subsection (21), 36 |
---|
| 62 | + | which shall incorporate the approved application and any addenda 37 |
---|
| 63 | + | approved with the application. Any term or condition of a 38 |
---|
| 64 | + | proposed charter contract or proposed virtual charter contract 39 |
---|
| 65 | + | that differs from the standard charter or virtual charter 40 |
---|
| 66 | + | contract adopted by rule of the State Board of Education shall 41 |
---|
| 67 | + | be presumed a limitation on charter school flexibility. The 42 |
---|
| 68 | + | sponsor may not impose unreasonable rules or regulations that 43 |
---|
| 69 | + | violate the intent of giving charter schools greater flexibility 44 |
---|
| 70 | + | to meet educational goals. The charter shall be signed by the 45 |
---|
| 71 | + | governing board of the charter school and the sponsor, following 46 |
---|
| 72 | + | a public hearing to ensure community input. 47 |
---|
| 73 | + | (a) The charter shall address and criteria for approval of 48 |
---|
| 74 | + | the charter shall be based on: 49 |
---|
| 75 | + | 1. The school's mission, the types of students to be 50 |
---|
88 | | - | the charter shall be based on: 51 |
---|
89 | | - | 1. The school's mission, the types of students to be 52 |
---|
90 | | - | served, and, for a virtual charte r school, the types of students 53 |
---|
91 | | - | the school intends to serve who reside outside of the sponsoring 54 |
---|
92 | | - | school district, and the ages and grades to be included. 55 |
---|
93 | | - | 2. The focus of the curriculum, the instructional methods 56 |
---|
94 | | - | to be used, any distinctive instructional techniques to be 57 |
---|
95 | | - | employed, and identification and acquisition of appropriate 58 |
---|
96 | | - | technologies needed to improve educational and administrative 59 |
---|
97 | | - | performance which include a means for promoting safe, ethical, 60 |
---|
98 | | - | and appropriate uses of technology which comply with l egal and 61 |
---|
99 | | - | professional standards. 62 |
---|
100 | | - | a. The charter shall ensure that reading is a primary 63 |
---|
101 | | - | focus of the curriculum and that resources are provided to 64 |
---|
102 | | - | identify and provide specialized instruction for students who 65 |
---|
103 | | - | are reading below grade level. The curriculum and instructional 66 |
---|
104 | | - | strategies for reading must be consistent with the Next 67 |
---|
105 | | - | Generation Sunshine State Standards and grounded in 68 |
---|
106 | | - | scientifically based reading research. 69 |
---|
107 | | - | b. In order to provide students with access to diverse 70 |
---|
108 | | - | instructional delivery models, to facilitate the integration of 71 |
---|
109 | | - | technology within traditional classroom instruction, and to 72 |
---|
110 | | - | provide students with the skills they need to compete in the 73 |
---|
111 | | - | 21st century economy, the Legislature encourages instructional 74 |
---|
112 | | - | methods for blended learning courses consi sting of both 75 |
---|
| 88 | + | served, and, for a virtual charter school, the types of students 51 |
---|
| 89 | + | the school intends to serve who reside outside of the sponsoring 52 |
---|
| 90 | + | school district, and the age s and grades to be included. 53 |
---|
| 91 | + | 2. The focus of the curriculum, the instructional methods 54 |
---|
| 92 | + | to be used, any distinctive instructional techniques to be 55 |
---|
| 93 | + | employed, and identification and acquisition of appropriate 56 |
---|
| 94 | + | technologies needed to improve educational and a dministrative 57 |
---|
| 95 | + | performance which include a means for promoting safe, ethical, 58 |
---|
| 96 | + | and appropriate uses of technology which comply with legal and 59 |
---|
| 97 | + | professional standards. 60 |
---|
| 98 | + | a. The charter shall ensure that reading is a primary 61 |
---|
| 99 | + | focus of the curriculum and that res ources are provided to 62 |
---|
| 100 | + | identify and provide specialized instruction for students who 63 |
---|
| 101 | + | are reading below grade level. The curriculum and instructional 64 |
---|
| 102 | + | strategies for reading must be consistent with the Next 65 |
---|
| 103 | + | Generation Sunshine State Standards and grounded in 66 |
---|
| 104 | + | scientifically based reading research. 67 |
---|
| 105 | + | b. In order to provide students with access to diverse 68 |
---|
| 106 | + | instructional delivery models, to facilitate the integration of 69 |
---|
| 107 | + | technology within traditional classroom instruction, and to 70 |
---|
| 108 | + | provide students with the skills th ey need to compete in the 71 |
---|
| 109 | + | 21st century economy, the Legislature encourages instructional 72 |
---|
| 110 | + | methods for blended learning courses consisting of both 73 |
---|
| 111 | + | traditional classroom and online instructional techniques. 74 |
---|
| 112 | + | Charter schools may implement blended learning cours es which 75 |
---|
125 | | - | traditional classroom and online instructional techniques. 76 |
---|
126 | | - | Charter schools may implement blended learning courses which 77 |
---|
127 | | - | combine traditional classroom instruction and virtual 78 |
---|
128 | | - | instruction. Students in a blended learning course must be full -79 |
---|
129 | | - | time students of the charter school pursuant to s. 80 |
---|
130 | | - | 1011.61(1)(a)1. Instructional personnel certified pursuant to s. 81 |
---|
131 | | - | 1012.55 who provide virtual instruction for blended learning 82 |
---|
132 | | - | courses may be employees of the charter school or may be under 83 |
---|
133 | | - | contract to provide instructional services to charter school 84 |
---|
134 | | - | students. At a minimum, such instructional personnel must hold 85 |
---|
135 | | - | an active state or school district adjunct certification under 86 |
---|
136 | | - | s. 1012.57 for the subject area of the blended learning course. 87 |
---|
137 | | - | The funding and performan ce accountability requirements for 88 |
---|
138 | | - | blended learning courses are the same as those for traditional 89 |
---|
139 | | - | courses. 90 |
---|
140 | | - | 3. The current incoming baseline standard of student 91 |
---|
141 | | - | academic achievement, the outcomes to be achieved, and the 92 |
---|
142 | | - | method of measurement that will be used. The criteria listed in 93 |
---|
143 | | - | this subparagraph shall include a detailed description of: 94 |
---|
144 | | - | a. How the baseline student academic achievement levels 95 |
---|
145 | | - | and prior rates of academic progress will be established. 96 |
---|
146 | | - | b. How these baseline rates will be compared to ra tes of 97 |
---|
147 | | - | academic progress achieved by these same students while 98 |
---|
148 | | - | attending the charter school. 99 |
---|
149 | | - | c. To the extent possible, how these rates of progress 100 |
---|
| 125 | + | combine traditional classroom instruction and virtual 76 |
---|
| 126 | + | instruction. Students in a blended learning course must be full -77 |
---|
| 127 | + | time students of the charter school pursuant to s. 78 |
---|
| 128 | + | 1011.61(1)(a)1. Instructional personnel certified pursuant to s. 79 |
---|
| 129 | + | 1012.55 who provide virtual instruction for blended learning 80 |
---|
| 130 | + | courses may be employees of the charter school or may be under 81 |
---|
| 131 | + | contract to provide instructional services to charter school 82 |
---|
| 132 | + | students. At a minimum, such instructional personnel must hold 83 |
---|
| 133 | + | an active state or sc hool district adjunct certification under 84 |
---|
| 134 | + | s. 1012.57 for the subject area of the blended learning course. 85 |
---|
| 135 | + | The funding and performance accountability requirements for 86 |
---|
| 136 | + | blended learning courses are the same as those for traditional 87 |
---|
| 137 | + | courses. 88 |
---|
| 138 | + | 3. The current incoming baseline standard of student 89 |
---|
| 139 | + | academic achievement, the outcomes to be achieved, and the 90 |
---|
| 140 | + | method of measurement that will be used. The criteria listed in 91 |
---|
| 141 | + | this subparagraph shall include a detailed description of: 92 |
---|
| 142 | + | a. How the baseline student academi c achievement levels 93 |
---|
| 143 | + | and prior rates of academic progress will be established. 94 |
---|
| 144 | + | b. How these baseline rates will be compared to rates of 95 |
---|
| 145 | + | academic progress achieved by these same students while 96 |
---|
| 146 | + | attending the charter school. 97 |
---|
| 147 | + | c. To the extent possible, how these rates of progress 98 |
---|
| 148 | + | will be evaluated and compared with rates of progress of other 99 |
---|
| 149 | + | closely comparable student populations. 100 |
---|
162 | | - | will be evaluated and compared with rates of progress of other 101 |
---|
163 | | - | closely comparable student populations. 102 |
---|
164 | | - | 103 |
---|
165 | | - | A district school board is required to provide academic student 104 |
---|
166 | | - | performance data to charter schools for each of their students 105 |
---|
167 | | - | coming from the district school system, as well as rates of 106 |
---|
168 | | - | academic progress of comparable student populations in the 107 |
---|
169 | | - | district school system. 108 |
---|
170 | | - | 4. The methods used to identify the educational strengths 109 |
---|
171 | | - | and needs of students and how well educational goals and 110 |
---|
172 | | - | performance standards are met by students attending the charter 111 |
---|
173 | | - | school. The methods shall provide a means for the charter schoo l 112 |
---|
174 | | - | to ensure accountability to its constituents by analyzing 113 |
---|
175 | | - | student performance data and by evaluating the effectiveness and 114 |
---|
176 | | - | efficiency of its major educational programs. Students in 115 |
---|
177 | | - | charter schools shall, at a minimum, participate in the 116 |
---|
178 | | - | statewide assessment program created under s. 1008.22. 117 |
---|
179 | | - | 5. In secondary charter schools, a method for determining 118 |
---|
180 | | - | that a student has satisfied the requirements for graduation in 119 |
---|
181 | | - | s. 1002.3105(5), s. 1003.4281, or s. 1003.4282. 120 |
---|
182 | | - | 6. A method for resolving conflicts between the governing 121 |
---|
183 | | - | board of the charter school and the sponsor. 122 |
---|
184 | | - | 7. The admissions procedures and dismissal procedures, 123 |
---|
185 | | - | including the school's code of student conduct. Admission or 124 |
---|
186 | | - | dismissal must not be based on a student's academic performance , 125 |
---|
| 162 | + | 101 |
---|
| 163 | + | A district school board is required to provide academic student 102 |
---|
| 164 | + | performance data to charter schools for each of their students 103 |
---|
| 165 | + | coming from the district school system, as well as rates of 104 |
---|
| 166 | + | academic progress of comparable student populations in the 105 |
---|
| 167 | + | district school system. 106 |
---|
| 168 | + | 4. The methods used to identify the educational strengths 107 |
---|
| 169 | + | and needs of students and how well educational goals and 108 |
---|
| 170 | + | performance standards are met by students attending the charter 109 |
---|
| 171 | + | school. The methods shall provide a means for the charter school 110 |
---|
| 172 | + | to ensure accountability to its constituents by analyzing 111 |
---|
| 173 | + | student performance data and by evaluating the effectiveness and 112 |
---|
| 174 | + | efficiency of its major educational programs. Students in 113 |
---|
| 175 | + | charter schools shall, at a minimum, participate in the 114 |
---|
| 176 | + | statewide assessment program created under s. 1008.22. 115 |
---|
| 177 | + | 5. In secondary charter schools, a method for determining 116 |
---|
| 178 | + | that a student has satisfie d the requirements for graduation in 117 |
---|
| 179 | + | s. 1002.3105(5), s. 1003.4281, or s. 1003.4282. 118 |
---|
| 180 | + | 6. A method for resolving conflicts between the governing 119 |
---|
| 181 | + | board of the charter school and the sponsor. 120 |
---|
| 182 | + | 7. The admissions procedures and dismissal procedures, 121 |
---|
| 183 | + | including the school's code of student conduct. Admission or 122 |
---|
| 184 | + | dismissal must not be based on a student's academic performance , 123 |
---|
| 185 | + | except as authorized under subparagraph (10)(e)5 . 124 |
---|
| 186 | + | 8. The ways by which the school will achieve a 125 |
---|
199 | | - | except as authorized under subparagraph (10)(e)5 . 126 |
---|
200 | | - | 8. The ways by which the school will achieve a 127 |
---|
201 | | - | racial/ethnic balance reflective of the community it serves or 128 |
---|
202 | | - | within the racial/ethnic range of other nearby public schools or 129 |
---|
203 | | - | school districts. 130 |
---|
204 | | - | 9. The financial and ad ministrative management of the 131 |
---|
205 | | - | school, including a reasonable demonstration of the professional 132 |
---|
206 | | - | experience or competence of those individuals or organizations 133 |
---|
207 | | - | applying to operate the charter school or those hired or 134 |
---|
208 | | - | retained to perform such professional se rvices and the 135 |
---|
209 | | - | description of clearly delineated responsibilities and the 136 |
---|
210 | | - | policies and practices needed to effectively manage the charter 137 |
---|
211 | | - | school. A description of internal audit procedures and 138 |
---|
212 | | - | establishment of controls to ensure that financial resources ar e 139 |
---|
213 | | - | properly managed must be included. Both public sector and 140 |
---|
214 | | - | private sector professional experience shall be equally valid in 141 |
---|
215 | | - | such a consideration. 142 |
---|
216 | | - | 10. The asset and liability projections required in the 143 |
---|
217 | | - | application which are incorporated into the charter and shall be 144 |
---|
218 | | - | compared with information provided in the annual report of the 145 |
---|
219 | | - | charter school. 146 |
---|
220 | | - | 11. A description of procedures that identify various 147 |
---|
221 | | - | risks and provide for a comprehensive approach to reduce the 148 |
---|
222 | | - | impact of losses; plans to ensure the safety a nd security of 149 |
---|
223 | | - | students and staff; plans to identify, minimize, and protect 150 |
---|
| 199 | + | racial/ethnic balance reflective of the community it serves or 126 |
---|
| 200 | + | within the racial/ethnic range of other nearby public schools or 127 |
---|
| 201 | + | school districts. 128 |
---|
| 202 | + | 9. The financial and administrative management of the 129 |
---|
| 203 | + | school, including a reasonable demonstration of the professional 130 |
---|
| 204 | + | experience or competence of t hose individuals or organizations 131 |
---|
| 205 | + | applying to operate the charter school or those hired or 132 |
---|
| 206 | + | retained to perform such professional services and the 133 |
---|
| 207 | + | description of clearly delineated responsibilities and the 134 |
---|
| 208 | + | policies and practices needed to effectively manage the charter 135 |
---|
| 209 | + | school. A description of internal audit procedures and 136 |
---|
| 210 | + | establishment of controls to ensure that financial resources are 137 |
---|
| 211 | + | properly managed must be included. Both public sector and 138 |
---|
| 212 | + | private sector professional experience shall be equally valid in 139 |
---|
| 213 | + | such a consideration. 140 |
---|
| 214 | + | 10. The asset and liability projections required in the 141 |
---|
| 215 | + | application which are incorporated into the charter and shall be 142 |
---|
| 216 | + | compared with information provided in the annual report of the 143 |
---|
| 217 | + | charter school. 144 |
---|
| 218 | + | 11. A description of procedure s that identify various 145 |
---|
| 219 | + | risks and provide for a comprehensive approach to reduce the 146 |
---|
| 220 | + | impact of losses; plans to ensure the safety and security of 147 |
---|
| 221 | + | students and staff; plans to identify, minimize, and protect 148 |
---|
| 222 | + | others from violent or disruptive student behavio r; and the 149 |
---|
| 223 | + | manner in which the school will be insured, including whether or 150 |
---|
236 | | - | others from violent or disruptive student behavior; and the 151 |
---|
237 | | - | manner in which the school will be insured, including whether or 152 |
---|
238 | | - | not the school will be required to have liability insur ance, 153 |
---|
239 | | - | and, if so, the terms and conditions thereof and the amounts of 154 |
---|
240 | | - | coverage. 155 |
---|
241 | | - | 12. The term of the charter which shall provide for 156 |
---|
242 | | - | cancellation of the charter if insufficient progress has been 157 |
---|
243 | | - | made in attaining the student achievement objectives of the 158 |
---|
244 | | - | charter and if it is not likely that such objectives can be 159 |
---|
245 | | - | achieved before expiration of the charter. The initial term of a 160 |
---|
246 | | - | charter shall be for 5 years, excluding 2 planning years. In 161 |
---|
247 | | - | order to facilitate access to long -term financial resources for 162 |
---|
248 | | - | charter school construction, charter schools that are operated 163 |
---|
249 | | - | by a municipality or other public entity as provided by law are 164 |
---|
250 | | - | eligible for up to a 15 -year charter, subject to approval by the 165 |
---|
251 | | - | sponsor. A charter lab school is eligible for a charter for a 166 |
---|
252 | | - | term of up to 15 years. In addition, to facilitate access to 167 |
---|
253 | | - | long-term financial resources for charter school construction, 168 |
---|
254 | | - | charter schools that are operated by a private, not -for-profit, 169 |
---|
255 | | - | s. 501(c)(3) status corporation are eligible for up to a 15 -year 170 |
---|
256 | | - | charter, subject to approval by the sponsor. Such long -term 171 |
---|
257 | | - | charters remain subject to annual review and may be terminated 172 |
---|
258 | | - | during the term of the charter, but only according to the 173 |
---|
259 | | - | provisions set forth in subsection (8). 174 |
---|
260 | | - | 13. The facilities to be used and their loca tion. The 175 |
---|
| 236 | + | not the school will be required to have liability insurance, 151 |
---|
| 237 | + | and, if so, the terms and conditions thereof and the amounts of 152 |
---|
| 238 | + | coverage. 153 |
---|
| 239 | + | 12. The term of the charter which shall pro vide for 154 |
---|
| 240 | + | cancellation of the charter if insufficient progress has been 155 |
---|
| 241 | + | made in attaining the student achievement objectives of the 156 |
---|
| 242 | + | charter and if it is not likely that such objectives can be 157 |
---|
| 243 | + | achieved before expiration of the charter. The initial term of a 158 |
---|
| 244 | + | charter shall be for 5 years, excluding 2 planning years. In 159 |
---|
| 245 | + | order to facilitate access to long -term financial resources for 160 |
---|
| 246 | + | charter school construction, charter schools that are operated 161 |
---|
| 247 | + | by a municipality or other public entity as provided by law are 162 |
---|
| 248 | + | eligible for up to a 15-year charter, subject to approval by the 163 |
---|
| 249 | + | sponsor. A charter lab school is eligible for a charter for a 164 |
---|
| 250 | + | term of up to 15 years. In addition, to facilitate access to 165 |
---|
| 251 | + | long-term financial resources for charter school construction, 166 |
---|
| 252 | + | charter schools that are operated by a private, not -for-profit, 167 |
---|
| 253 | + | s. 501(c)(3) status corporation are eligible for up to a 15 -year 168 |
---|
| 254 | + | charter, subject to approval by the sponsor. Such long -term 169 |
---|
| 255 | + | charters remain subject to annual review and may be terminated 170 |
---|
| 256 | + | during the term of the charter, but only according to the 171 |
---|
| 257 | + | provisions set forth in subsection (8). 172 |
---|
| 258 | + | 13. The facilities to be used and their location. The 173 |
---|
| 259 | + | sponsor may not require a charter school to have a certificate 174 |
---|
| 260 | + | of occupancy or a temporary certificate of occupancy for such a 175 |
---|
273 | | - | sponsor may not require a charter school to have a certificate 176 |
---|
274 | | - | of occupancy or a temporary certificate of occupancy for such a 177 |
---|
275 | | - | facility earlier than 15 calendar days before the first day of 178 |
---|
276 | | - | school. 179 |
---|
277 | | - | 14. The qualifications to be required of the t eachers and 180 |
---|
278 | | - | the potential strategies used to recruit, hire, train, and 181 |
---|
279 | | - | retain qualified staff to achieve best value. 182 |
---|
280 | | - | 15. The governance structure of the school, including the 183 |
---|
281 | | - | status of the charter school as a public or private employer as 184 |
---|
282 | | - | required in paragraph (12)(i). 185 |
---|
283 | | - | 16. A timetable for implementing the charter which 186 |
---|
284 | | - | addresses the implementation of each element thereof and the 187 |
---|
285 | | - | date by which the charter shall be awarded in order to meet this 188 |
---|
286 | | - | timetable. 189 |
---|
287 | | - | 17. In the case of an existing public school tha t is being 190 |
---|
288 | | - | converted to charter status, alternative arrangements for 191 |
---|
289 | | - | current students who choose not to attend the charter school and 192 |
---|
290 | | - | for current teachers who choose not to teach in the charter 193 |
---|
291 | | - | school after conversion in accordance with the existing 194 |
---|
292 | | - | collective bargaining agreement or district school board rule in 195 |
---|
293 | | - | the absence of a collective bargaining agreement. However, 196 |
---|
294 | | - | alternative arrangements shall not be required for current 197 |
---|
295 | | - | teachers who choose not to teach in a charter lab school, except 198 |
---|
296 | | - | as authorized by the employment policies of the state university 199 |
---|
297 | | - | which grants the charter to the lab school. 200 |
---|
| 273 | + | facility earlier than 15 calendar days before the first day of 176 |
---|
| 274 | + | school. 177 |
---|
| 275 | + | 14. The qualifications to be required of the teachers and 178 |
---|
| 276 | + | the potential strategies used to recruit, hire, train, and 179 |
---|
| 277 | + | retain qualified staff to achieve best value. 180 |
---|
| 278 | + | 15. The governance structure of the school, including the 181 |
---|
| 279 | + | status of the charter school as a public or private employer as 182 |
---|
| 280 | + | required in paragraph (12)(i). 183 |
---|
| 281 | + | 16. A timetable for implementing the charter which 184 |
---|
| 282 | + | addresses the implementation of each element thereof and the 185 |
---|
| 283 | + | date by which the charter shall be awarded in order to meet this 186 |
---|
| 284 | + | timetable. 187 |
---|
| 285 | + | 17. In the case of an existing public school that is being 188 |
---|
| 286 | + | converted to charter status, alternative arrangements for 189 |
---|
| 287 | + | current students who choose not to attend the charter sc hool and 190 |
---|
| 288 | + | for current teachers who choose not to teach in the charter 191 |
---|
| 289 | + | school after conversion in accordance with the existing 192 |
---|
| 290 | + | collective bargaining agreement or district school board rule in 193 |
---|
| 291 | + | the absence of a collective bargaining agreement. However, 194 |
---|
| 292 | + | alternative arrangements shall not be required for current 195 |
---|
| 293 | + | teachers who choose not to teach in a charter lab school, except 196 |
---|
| 294 | + | as authorized by the employment policies of the state university 197 |
---|
| 295 | + | which grants the charter to the lab school. 198 |
---|
| 296 | + | 18. Full disclosure of the i dentity of all relatives 199 |
---|
| 297 | + | employed by the charter school who are related to the charter 200 |
---|
310 | | - | 18. Full disclosure of the identity of all relatives 201 |
---|
311 | | - | employed by the charter school who are related to the charter 202 |
---|
312 | | - | school owner, president, chairperson of the governing board of 203 |
---|
313 | | - | directors, superintendent, governing board member, principal, 204 |
---|
314 | | - | assistant principal, or any other person employed by the charter 205 |
---|
315 | | - | school who has equivalent decisionmaking authority. For the 206 |
---|
316 | | - | purpose of this subparagraph, the term "relative" means father, 207 |
---|
317 | | - | mother, son, daughter, brother, sister, uncle, aunt, first 208 |
---|
318 | | - | cousin, nephew, niece, husband, wife, father -in-law, mother-in-209 |
---|
319 | | - | law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, 210 |
---|
320 | | - | stepfather, stepmother, stepson, stepdaughter, stepbrot her, 211 |
---|
321 | | - | stepsister, half brother, or half sister. 212 |
---|
322 | | - | 19. Implementation of the activities authorized under s. 213 |
---|
323 | | - | 1002.331 by the charter school when it satisfies the eligibility 214 |
---|
324 | | - | requirements for a high -performing charter school. A high -215 |
---|
325 | | - | performing charter school s hall notify its sponsor in writing by 216 |
---|
326 | | - | March 1 if it intends to increase enrollment or expand grade 217 |
---|
327 | | - | levels the following school year. The written notice shall 218 |
---|
328 | | - | specify the amount of the enrollment increase and the grade 219 |
---|
329 | | - | levels that will be added, as applicab le. 220 |
---|
330 | | - | (d) A charter may be modified during its term upon the 221 |
---|
331 | | - | recommendation of the sponsor or the charter school's governing 222 |
---|
332 | | - | board and the approval of both parties to the agreement. Changes 223 |
---|
333 | | - | to curriculum which are consistent with state standards are 224 |
---|
334 | | - | shall be deemed approved unless the sponsor and the Department 225 |
---|
| 310 | + | school owner, president, chairperson of the governing board of 201 |
---|
| 311 | + | directors, superintendent, governing board member, principal, 202 |
---|
| 312 | + | assistant principal, or any other person emp loyed by the charter 203 |
---|
| 313 | + | school who has equivalent decisionmaking authority. For the 204 |
---|
| 314 | + | purpose of this subparagraph, the term "relative" means father, 205 |
---|
| 315 | + | mother, son, daughter, brother, sister, uncle, aunt, first 206 |
---|
| 316 | + | cousin, nephew, niece, husband, wife, father -in-law, mother-in-207 |
---|
| 317 | + | law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, 208 |
---|
| 318 | + | stepfather, stepmother, stepson, stepdaughter, stepbrother, 209 |
---|
| 319 | + | stepsister, half brother, or half sister. 210 |
---|
| 320 | + | 19. Implementation of the activities authorized under s. 211 |
---|
| 321 | + | 1002.331 by the charter school when it satisfies the eligibility 212 |
---|
| 322 | + | requirements for a high -performing charter school. A high -213 |
---|
| 323 | + | performing charter school shall notify its sponsor in writing by 214 |
---|
| 324 | + | March 1 if it intends to increase enrollment or expand grade 215 |
---|
| 325 | + | levels the following schoo l year. The written notice shall 216 |
---|
| 326 | + | specify the amount of the enrollment increase and the grade 217 |
---|
| 327 | + | levels that will be added, as applicable. 218 |
---|
| 328 | + | (d) A charter may be modified during its term upon the 219 |
---|
| 329 | + | recommendation of the sponsor or the charter school's governing 220 |
---|
| 330 | + | board and the approval of both parties to the agreement. Changes 221 |
---|
| 331 | + | to curriculum which are consistent with state standards are 222 |
---|
| 332 | + | shall be deemed approved unless the sponsor and the Department 223 |
---|
| 333 | + | of Education determine in writing that the curriculum is 224 |
---|
| 334 | + | inconsistent with state standards. Modification during any term 225 |
---|
347 | | - | of Education determine in writing that the curriculum is 226 |
---|
348 | | - | inconsistent with state standards. Modification during any term 227 |
---|
349 | | - | may include, but is not limited to, consolidation of multiple 228 |
---|
350 | | - | charters into a single charter if the charters are operated 229 |
---|
351 | | - | under the same governing board, regardless of the renewal cycle. 230 |
---|
352 | | - | A charter school may assign its charter to a high -performing 231 |
---|
353 | | - | charter school operating in the same district. A charter school 232 |
---|
354 | | - | that is not subject to a school improvement plan and that closes 233 |
---|
355 | | - | as part of a consolidation shall be reported by the sponsor as a 234 |
---|
| 347 | + | may include, but is not limited to, consolidation of multiple 226 |
---|
| 348 | + | charters into a single charter if the charters are operated 227 |
---|
| 349 | + | under the same governing board, regardless of the renewal cycle. 228 |
---|
| 350 | + | A charter school may assign its charter to another governing 229 |
---|
| 351 | + | board, subject to approval by the sponsor, if the proposed 230 |
---|
| 352 | + | governing board is a nonprofit entity or otherwise meets the 231 |
---|
| 353 | + | requirements of paragraph (12)(i). A charter school that is not 232 |
---|
| 354 | + | subject to a school improve ment plan and that closes as part of 233 |
---|
| 355 | + | a consolidation shall be reported by the sponsor as a 234 |
---|
362 | | - | (17) FUNDING.—Students enrolled in a charter school, 241 |
---|
363 | | - | regardless of the sponsorship, shall be funded as if they are in 242 |
---|
364 | | - | a basic program or a special program, the same as students 243 |
---|
365 | | - | enrolled in other public schools in a school district. Funding 244 |
---|
366 | | - | for a charter lab school shall be as provid ed in s. 1002.32. 245 |
---|
367 | | - | (b)1. The basis for the agreement for funding students 246 |
---|
368 | | - | enrolled in a charter school shall be the sum of the school 247 |
---|
369 | | - | district's operating funds from the Florida Education Finance 248 |
---|
370 | | - | Program as provided in s. 1011.62 and the General Appropria tions 249 |
---|
371 | | - | Act, including gross state and local funds, discretionary 250 |
---|
| 362 | + | (26) STANDARDS OF CONDUCT AND FINANCIAL DIS CLOSURE.— 241 |
---|
| 363 | + | (d) The landlord of a charter school, or his or her 242 |
---|
| 364 | + | spouse, or an officer, director, or employee of an entity that 243 |
---|
| 365 | + | is a landlord of a charter school, or his or her spouse, may not 244 |
---|
| 366 | + | be a member of the governing board of the charter school unless: 245 |
---|
| 367 | + | 1. The charter school is established under paragraph 246 |
---|
| 368 | + | (15)(c) and the landlord is a municipal entity; or 247 |
---|
| 369 | + | 2. The landlord is a not -for-profit entity and a two -248 |
---|
| 370 | + | thirds majority vote of the charter school board, excluding the 249 |
---|
| 371 | + | vote of landlord-affiliated board members, approves the 250 |
---|
384 | | - | lottery funds, and funds from the school district's current 251 |
---|
385 | | - | operating discretionary millage levy; divided by total funded 252 |
---|
386 | | - | weighted full-time equivalent students in the school district; 253 |
---|
387 | | - | and multiplied by the weighted full -time equivalent students for 254 |
---|
388 | | - | the charter school. Charter schools whose students or programs 255 |
---|
389 | | - | meet the eligibility criteria in law are entitled to their 256 |
---|
390 | | - | proportionate share of categorical program funds included in the 257 |
---|
391 | | - | total funds available in the Florida Education Finance Program 258 |
---|
392 | | - | by the Legislature, including transportation, and the evidence -259 |
---|
393 | | - | based reading allocation. Total funding for each charter school 260 |
---|
394 | | - | shall be recalculated during the year to reflect the revised 261 |
---|
395 | | - | calculations under the Florida Education Finance Program by the 262 |
---|
396 | | - | state and the actual weighted full -time equivalent students 263 |
---|
397 | | - | reported by the charter school during the full -time equivalent 264 |
---|
398 | | - | student survey periods designated by the Commissioner of 265 |
---|
399 | | - | Education. For charter schoo ls operated by a not -for-profit or 266 |
---|
400 | | - | municipal entity, any unrestricted current and capital assets 267 |
---|
401 | | - | identified in the charter school's annual financial audit may be 268 |
---|
402 | | - | used for other charter schools operated by the not -for-profit or 269 |
---|
403 | | - | municipal entity within the s chool district. For charter schools 270 |
---|
404 | | - | operated by a not-for-profit entity, any unrestricted current or 271 |
---|
405 | | - | capital assets identified in the charter school's annual audit 272 |
---|
406 | | - | may be used for other charter schools operated by the not -for-273 |
---|
407 | | - | profit entity that are located outside of the originating 274 |
---|
408 | | - | charter school's school district but within the state through an 275 |
---|
| 384 | + | landlord-affiliated board member to be elected to, or to remain 251 |
---|
| 385 | + | on, the board. 252 |
---|
| 386 | + | (28) RULEMAKING.—The Department of Education, after 253 |
---|
| 387 | + | consultation with sponsors and charter school directors, shall 254 |
---|
| 388 | + | recommend that the State Board of Education adopt rules to 255 |
---|
| 389 | + | implement specific subsections of this section. Such rules shall 256 |
---|
| 390 | + | require minimum paperwork and shall not limit charter school 257 |
---|
| 391 | + | flexibility authorized by statute. The State Board of Education 258 |
---|
| 392 | + | shall adopt rules, pursuant to ss. 120.53 6(1) and 120.54, to 259 |
---|
| 393 | + | implement a standard charter application form, standard 260 |
---|
| 394 | + | application form for the replication of charter schools in a 261 |
---|
| 395 | + | high-performing charter school system, standard evaluation 262 |
---|
| 396 | + | instrument, standard monitoring tool, and standard charter a nd 263 |
---|
| 397 | + | charter renewal contracts in accordance with this section. 264 |
---|
| 398 | + | Section 2. Subsection (2) of section 1002.331, Florida 265 |
---|
| 399 | + | Statutes, is amended to read: 266 |
---|
| 400 | + | 1002.331 High-performing charter schools. — 267 |
---|
| 401 | + | (2) A high-performing charter school is authorized to: 268 |
---|
| 402 | + | (a) Increase its student enrollment once per school year 269 |
---|
| 403 | + | to more than the capacity identified in the charter, but student 270 |
---|
| 404 | + | enrollment may not exceed the capacity of the facility at the 271 |
---|
| 405 | + | time the enrollment increase will take effect. Facility capacity 272 |
---|
| 406 | + | for purposes of expansion must shall include any improvements to 273 |
---|
| 407 | + | an existing facility or any new facility in which the students 274 |
---|
| 408 | + | of the high-performing charter school will enroll. 275 |
---|
421 | | - | unforgiveable loan which must be repaid to the originating 276 |
---|
422 | | - | charter school by the receiving charter school. Unrestricted 277 |
---|
423 | | - | current assets shall be used in accordance with s. 1011.62, and 278 |
---|
424 | | - | any unrestricted capital assets shall be used in accordance with 279 |
---|
425 | | - | s. 1013.62(2). 280 |
---|
426 | | - | 2.a. Students enrolled in a charter school sponsored by a 281 |
---|
427 | | - | state university or Florida College System institution pursuant 282 |
---|
428 | | - | to paragraph (5)(a) shall be fu nded as if they are in a basic 283 |
---|
429 | | - | program or a special program in the school district. The basis 284 |
---|
430 | | - | for funding these students is the sum of the total operating 285 |
---|
431 | | - | funds from the Florida Education Finance Program for the school 286 |
---|
432 | | - | district in which the school is locat ed as provided in s. 287 |
---|
433 | | - | 1011.62 and the General Appropriations Act, including gross 288 |
---|
434 | | - | state and local funds, discretionary lottery funds, and funds 289 |
---|
435 | | - | from each school district's current operating discretionary 290 |
---|
436 | | - | millage levy, divided by total funded weighted full -time 291 |
---|
437 | | - | equivalent students in the district, and multiplied by the full -292 |
---|
438 | | - | time equivalent membership of the charter school. The Department 293 |
---|
439 | | - | of Education shall develop a tool that each state university or 294 |
---|
440 | | - | Florida College System institution sponsoring a charter sch ool 295 |
---|
441 | | - | shall use for purposes of calculating the funding amount for 296 |
---|
442 | | - | each eligible charter school student. The total amount obtained 297 |
---|
443 | | - | from the calculation must be appropriated from state funds in 298 |
---|
444 | | - | the General Appropriations Act to the charter school. 299 |
---|
445 | | - | b. Capital outlay funding for a charter school sponsored 300 |
---|
| 421 | + | (b) Expand grade levels within kindergarten through grade 276 |
---|
| 422 | + | 12 to add grade levels no t already served if any annual 277 |
---|
| 423 | + | enrollment increase resulting from grade level expansion is 278 |
---|
| 424 | + | within the limit established in paragraph (a). 279 |
---|
| 425 | + | (c) Submit a quarterly, rather than a monthly, financial 280 |
---|
| 426 | + | statement to the sponsor pursuant to s. 1002.33(9)(g). 281 |
---|
| 427 | + | (d) Consolidate under a single charter the charters of 282 |
---|
| 428 | + | multiple high-performing charter schools operated in the same 283 |
---|
| 429 | + | school district by the charter schools' governing board 284 |
---|
| 430 | + | regardless of the renewal cycle. 285 |
---|
| 431 | + | (e) Receive a modification of its charter to a ter m of 15 286 |
---|
| 432 | + | years or a 15-year charter renewal. The charter may be modified 287 |
---|
| 433 | + | or renewed for a shorter term at the option of the high -288 |
---|
| 434 | + | performing charter school. The charter must be consistent with 289 |
---|
| 435 | + | s. 1002.33(7)(a)19. and (10)(h) and (i), is subject to annual 290 |
---|
| 436 | + | review by the sponsor, and may be terminated during its term 291 |
---|
| 437 | + | pursuant to s. 1002.33(8). 292 |
---|
| 438 | + | (f) Assign its charter to another operator, subject to 293 |
---|
| 439 | + | approval by the sponsor, provided that the proposed operator 294 |
---|
| 440 | + | meets the requirements of s. 1002.33(12)(i). 295 |
---|
| 441 | + | 296 |
---|
| 442 | + | A high-performing charter school shall notify its sponsor in 297 |
---|
| 443 | + | writing by March 1 if it intends to increase enrollment or 298 |
---|
| 444 | + | expand grade levels the following school year. The written 299 |
---|
| 445 | + | notice must shall specify the amount of the enrollment increase 300 |
---|
458 | | - | by a state university or Florida College System institution 301 |
---|
459 | | - | pursuant to paragraph (5)(a) is determined pursuant to s. 302 |
---|
460 | | - | 1013.62 and the General Appropriations Act. 303 |
---|
461 | | - | (26) STANDARDS OF CONDUCT AND FINANCIAL DIS CLOSURE.— 304 |
---|
462 | | - | (d) The landlord of a charter school, or his or her 305 |
---|
463 | | - | spouse, or an officer, director, or employee of an entity that 306 |
---|
464 | | - | is a landlord of a charter school, or his or her spouse, may not 307 |
---|
465 | | - | be a member of the governing board of the charter school unless: 308 |
---|
466 | | - | 1. The charter school is established under paragraph 309 |
---|
467 | | - | (15)(c) and the landlord is a municipal entity; or 310 |
---|
468 | | - | 2. The landlord is a not -for-profit entity and a two -311 |
---|
469 | | - | thirds majority vote of the charter school board, excluding the 312 |
---|
470 | | - | vote of landlord-affiliated board members, approves the 313 |
---|
471 | | - | landlord-affiliated board member to be elected to, or to remain 314 |
---|
472 | | - | on, the board. 315 |
---|
473 | | - | (28) RULEMAKING.—The Department of Education, after 316 |
---|
474 | | - | consultation with sponsors and charter school directors, shall 317 |
---|
475 | | - | recommend that the State Board of Education adopt rules to 318 |
---|
476 | | - | implement specific subsections of this section. Such rules shall 319 |
---|
477 | | - | require minimum paperwork and shall not limit charter school 320 |
---|
478 | | - | flexibility authorized by statute. The State Board of Education 321 |
---|
479 | | - | shall adopt rules, pursuant to ss. 120.53 6(1) and 120.54, to 322 |
---|
480 | | - | implement a standard charter application form, standard 323 |
---|
481 | | - | application form for the replication of charter schools in a 324 |
---|
482 | | - | high-performing charter school system, standard evaluation 325 |
---|
| 458 | + | and the grade levels that will be added, as applicable. If a 301 |
---|
| 459 | + | charter school notifies the sponsor of its intent to expand, the 302 |
---|
| 460 | + | sponsor must shall modify the charter within 90 days to include 303 |
---|
| 461 | + | the new enrollment maximum and may not make any other changes. 304 |
---|
| 462 | + | The sponsor may deny a request to increase the enrollment of a 305 |
---|
| 463 | + | high-performing charter school if the commissioner has 306 |
---|
| 464 | + | declassified the charter school as high -performing. If a high -307 |
---|
| 465 | + | performing charter school requests to consolidate multiple 308 |
---|
| 466 | + | charters or assign an existing charter , the sponsor has shall 309 |
---|
| 467 | + | have 40 days after receipt of that request to provide an initial 310 |
---|
| 468 | + | draft charter to the charter school. The sponsor and charter 311 |
---|
| 469 | + | school shall have 50 days thereafter to negotiate and notice the 312 |
---|
| 470 | + | charter contract for final approval by the sponsor. 313 |
---|
| 471 | + | Section 3. Paragraph (a) of subsection (1) of section 314 |
---|
| 472 | + | 1013.62, Florida Statutes, is amended to read: 315 |
---|
| 473 | + | 1013.62 Charter schools capital outlay funding. — 316 |
---|
| 474 | + | (1) For the 2022-2023 fiscal year, charter school capital 317 |
---|
| 475 | + | outlay funding shall consist of state funds appropriated in the 318 |
---|
| 476 | + | 2022-2023 General Appropriations Act. Beginning in fiscal year 319 |
---|
| 477 | + | 2023-2024, charter school capital outlay funding shall consist 320 |
---|
| 478 | + | of state funds when such funds are appropriated in the General 321 |
---|
| 479 | + | Appropriations Act and revenue res ulting from the discretionary 322 |
---|
| 480 | + | millage authorized in s. 1011.71(2) if the amount of state funds 323 |
---|
| 481 | + | appropriated for charter school capital outlay in any fiscal 324 |
---|
| 482 | + | year is less than the average charter school capital outlay 325 |
---|
495 | | - | instrument, standard monitoring tool, and standard charter a nd 326 |
---|
496 | | - | charter renewal contracts in accordance with this section. 327 |
---|
497 | | - | Section 2. Subsection (2) of section 1002.331, Florida 328 |
---|
498 | | - | Statutes, is amended to read: 329 |
---|
499 | | - | 1002.331 High-performing charter schools. — 330 |
---|
500 | | - | (2) A high-performing charter school is authorized to: 331 |
---|
501 | | - | (a) Increase its student enrollment once per school year 332 |
---|
502 | | - | to more than the capacity identified in the charter, but student 333 |
---|
503 | | - | enrollment may not exceed the capacity of the facility at the 334 |
---|
504 | | - | time the enrollment increase will take effect. Facility capacity 335 |
---|
505 | | - | for purposes of expansion must shall include any improvements to 336 |
---|
506 | | - | an existing facility or any new facility in which the students 337 |
---|
507 | | - | of the high-performing charter school will enroll. 338 |
---|
508 | | - | (b) Expand grade levels within kindergarten through grade 339 |
---|
509 | | - | 12 to add grade levels not already served if any annual 340 |
---|
510 | | - | enrollment increase resulting from grade level expansion is 341 |
---|
511 | | - | within the limit established in paragraph (a). 342 |
---|
512 | | - | (c) Submit a quarterly, rather than a monthly, financial 343 |
---|
513 | | - | statement to the sponsor pursuant to s. 1002.33(9)(g). 344 |
---|
514 | | - | (d) Consolidate under a single charter the charters of 345 |
---|
515 | | - | multiple high-performing charter schools operated in the same 346 |
---|
516 | | - | school district by the charter schools' governing board 347 |
---|
517 | | - | regardless of the renewal cycle. 348 |
---|
518 | | - | (e) Receive a modification of its charter to a t erm of 15 349 |
---|
519 | | - | years or a 15-year charter renewal. The charter may be modified 350 |
---|
| 495 | + | funds per unweighted full -time equivalent student for the 2018 -326 |
---|
| 496 | + | 2019 fiscal year, multiplied by the estimated number of charter 327 |
---|
| 497 | + | school students for the applicable fiscal year, and adjusted by 328 |
---|
| 498 | + | changes in the Consumer Price Index issued by the United States 329 |
---|
| 499 | + | Department of Labor from the previous fis cal year. Nothing in 330 |
---|
| 500 | + | this subsection prohibits a school district from distributing to 331 |
---|
| 501 | + | charter schools funds resulting from the discretionary millage 332 |
---|
| 502 | + | authorized in s. 1011.71(2). 333 |
---|
| 503 | + | (a) To be eligible to receive capital outlay funds, a 334 |
---|
| 504 | + | charter school must: 335 |
---|
| 505 | + | 1.a. Have been in operation for 2 or more years; 336 |
---|
| 506 | + | b. Be governed by a governing board established in the 337 |
---|
| 507 | + | state for 2 or more years which operates both charter schools 338 |
---|
| 508 | + | and conversion charter schools within the state; 339 |
---|
| 509 | + | c. Be an expanded feeder chain of a charter school within 340 |
---|
| 510 | + | the same school district that is currently receiving charter 341 |
---|
| 511 | + | school capital outlay funds; 342 |
---|
| 512 | + | d. Have been accredited by a regional accrediting 343 |
---|
| 513 | + | association as defined by State Board of Education rule; 344 |
---|
| 514 | + | e. Serve students in facilities t hat are provided by a 345 |
---|
| 515 | + | business partner for a charter school -in-the-workplace pursuant 346 |
---|
| 516 | + | to s. 1002.33(15)(b); or 347 |
---|
| 517 | + | f. Be operated by a hope operator pursuant to s. 1002.333. 348 |
---|
| 518 | + | 2. Have an annual audit that does not reveal any of the 349 |
---|
| 519 | + | financial emergency condit ions provided in s. 218.503(1) for the 350 |
---|
532 | | - | or renewed for a shorter term at the option of the high -351 |
---|
533 | | - | performing charter school. The charter must be consistent with 352 |
---|
534 | | - | s. 1002.33(7)(a)19. and (10)(h) and (i), is subject to annual 353 |
---|
535 | | - | review by the sponsor, and may be terminated during its term 354 |
---|
536 | | - | pursuant to s. 1002.33(8). 355 |
---|
537 | | - | (f) Assume the charter of another operator within the same 356 |
---|
538 | | - | school district in which it operates. 357 |
---|
539 | | - | 358 |
---|
540 | | - | A high-performing charter school shall notify its sponsor in 359 |
---|
541 | | - | writing by March 1 if it intends to increase enrollment or 360 |
---|
542 | | - | expand grade levels the following school year. The written 361 |
---|
543 | | - | notice must shall specify the amount of the enrollment increase 362 |
---|
544 | | - | and the grade levels that will be added, as applicable. If a 363 |
---|
545 | | - | charter school notifi es the sponsor of its intent to expand, the 364 |
---|
546 | | - | sponsor must shall modify the charter within 90 days to include 365 |
---|
547 | | - | the new enrollment maximum and may not make any other changes. 366 |
---|
548 | | - | The sponsor may deny a request to increase the enrollment of a 367 |
---|
549 | | - | high-performing charter school if the commissioner has 368 |
---|
550 | | - | declassified the charter school as high -performing. If a high -369 |
---|
551 | | - | performing charter school requests to consolidate multiple 370 |
---|
552 | | - | charters or assume an existing charter , the sponsor has shall 371 |
---|
553 | | - | have 40 days after receipt of that reque st to provide an initial 372 |
---|
554 | | - | draft charter to the charter school. The sponsor and charter 373 |
---|
555 | | - | school shall have 50 days thereafter to negotiate and notice the 374 |
---|
556 | | - | charter contract for final approval by the sponsor. 375 |
---|
| 532 | + | most recent fiscal year for which such audit results are 351 |
---|
| 533 | + | available. 352 |
---|
| 534 | + | 3. Have not earned two consecutive grades of "F" or three 353 |
---|
| 535 | + | consecutive grades below a "C" satisfactory student achievement 354 |
---|
| 536 | + | based on state accountabi lity standards applicable to the 355 |
---|
| 537 | + | charter school. 356 |
---|
| 538 | + | 4. Have received final approval from its sponsor pursuant 357 |
---|
| 539 | + | to s. 1002.33 for operation during that fiscal year. 358 |
---|
| 540 | + | 5. Serve students in facilities that are not provided by 359 |
---|
| 541 | + | the charter school's sponsor. 360 |
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| 542 | + | Section 4. Section 1012.57, Florida Statutes, is amended 361 |
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| 543 | + | to read: 362 |
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| 544 | + | 1012.57 Certification of adjunct educators. — 363 |
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| 545 | + | (1) Notwithstanding the provisions of ss. 1012.32, 364 |
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| 546 | + | 1012.55, and 1012.56, or any other provision of law or rule to 365 |
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| 547 | + | the contrary, district schoo l boards and charter school 366 |
---|
| 548 | + | governing boards shall adopt rules to allow for the issuance of 367 |
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| 549 | + | an adjunct teaching certificate to any applicant who fulfills 368 |
---|
| 550 | + | the requirements of s. 1012.56(2)(a) -(f) and (10) and who has 369 |
---|
| 551 | + | expertise in the subject area to be taug ht. An applicant shall 370 |
---|
| 552 | + | be considered to have expertise in the subject area to be taught 371 |
---|
| 553 | + | if the applicant demonstrates sufficient subject area mastery 372 |
---|
| 554 | + | through passage of a subject area test. 373 |
---|
| 555 | + | (2) The Legislature intends that this section allow school 374 |
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| 556 | + | districts and charter schools to tap the wealth of talent and 375 |
---|
569 | | - | Section 3. Paragraph (a) of subsection (1) of sec tion 376 |
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570 | | - | 1013.62, Florida Statutes, is amended to read: 377 |
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571 | | - | 1013.62 Charter schools capital outlay funding. — 378 |
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572 | | - | (1) For the 2022-2023 fiscal year, charter school capital 379 |
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573 | | - | outlay funding shall consist of state funds appropriated in the 380 |
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574 | | - | 2022-2023 General Appropriati ons Act. Beginning in fiscal year 381 |
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575 | | - | 2023-2024, charter school capital outlay funding shall consist 382 |
---|
576 | | - | of state funds when such funds are appropriated in the General 383 |
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577 | | - | Appropriations Act and revenue resulting from the discretionary 384 |
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578 | | - | millage authorized in s. 1011.71 (2) if the amount of state funds 385 |
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579 | | - | appropriated for charter school capital outlay in any fiscal 386 |
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580 | | - | year is less than the average charter school capital outlay 387 |
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581 | | - | funds per unweighted full -time equivalent student for the 2018 -388 |
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582 | | - | 2019 fiscal year, multiplied by the est imated number of charter 389 |
---|
583 | | - | school students for the applicable fiscal year, and adjusted by 390 |
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584 | | - | changes in the Consumer Price Index issued by the United States 391 |
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585 | | - | Department of Labor from the previous fiscal year. Nothing in 392 |
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586 | | - | this subsection prohibits a school distri ct from distributing to 393 |
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587 | | - | charter schools funds resulting from the discretionary millage 394 |
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588 | | - | authorized in s. 1011.71(2). 395 |
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589 | | - | (a) To be eligible to receive capital outlay funds, a 396 |
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590 | | - | charter school must: 397 |
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591 | | - | 1.a. Have been in operation for 2 or more years; 398 |
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592 | | - | b. Be governed by a governing board established in the 399 |
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593 | | - | state for 2 or more years which operates both charter schools 400 |
---|
| 569 | + | expertise represented in Florida's citizens who may wish to 376 |
---|
| 570 | + | teach in a Florida public school by permitting school districts 377 |
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| 571 | + | to issue adjunct certificates to qualified applicants. 378 |
---|
| 572 | + | (3) Adjunct certificateholders should be used primarily as 379 |
---|
| 573 | + | a strategy to enhance the diversity of course offerings offered 380 |
---|
| 574 | + | to all students. School districts may use the expertise of 381 |
---|
| 575 | + | individuals in the state who wish to provide online instruction 382 |
---|
| 576 | + | to students by issuing adjun ct certificates to qualified 383 |
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| 577 | + | applicants. 384 |
---|
| 578 | + | (4) Each adjunct teaching certificate is valid through the 385 |
---|
| 579 | + | term of the annual contract between the educator and the school 386 |
---|
| 580 | + | district. An additional annual certification and an additional 387 |
---|
| 581 | + | annual contract may be awar ded by the district or charter school 388 |
---|
| 582 | + | at the district's or charter school's discretion but only if the 389 |
---|
| 583 | + | applicant is rated effective or highly effective under s. 390 |
---|
| 584 | + | 1012.34 during each year of teaching under adjunct teaching 391 |
---|
| 585 | + | certification. A school district and charter school may issue an 392 |
---|
| 586 | + | adjunct teaching certificate for a part -time or full-time 393 |
---|
| 587 | + | teaching position; however, an adjunct teaching certificate 394 |
---|
| 588 | + | issued for a full-time teaching position is valid for no more 395 |
---|
| 589 | + | than 3 years and is nonrenewable. 396 |
---|
| 590 | + | (5) Individuals who are certified and employed under this 397 |
---|
| 591 | + | section shall have the same rights and protection of laws as 398 |
---|
| 592 | + | teachers certified under s. 1012.56. 399 |
---|
| 593 | + | (6) Each school district and charter school shall: 400 |
---|
606 | | - | and conversion charter schools within the state; 401 |
---|
607 | | - | c. Be an expanded feeder chain of a charter school within 402 |
---|
608 | | - | the same school district that is current ly receiving charter 403 |
---|
609 | | - | school capital outlay funds; 404 |
---|
610 | | - | d. Have been accredited by a regional accrediting 405 |
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611 | | - | association as defined by State Board of Education rule; 406 |
---|
612 | | - | e. Serve students in facilities that are provided by a 407 |
---|
613 | | - | business partner for a charter school -in-the-workplace pursuant 408 |
---|
614 | | - | to s. 1002.33(15)(b); or 409 |
---|
615 | | - | f. Be operated by a hope operator pursuant to s. 1002.333. 410 |
---|
616 | | - | 2. Have an annual audit that does not reveal any of the 411 |
---|
617 | | - | financial emergency conditions provided in s. 218.503(1) for the 412 |
---|
618 | | - | most recent fiscal year for which such audit results are 413 |
---|
619 | | - | available. 414 |
---|
620 | | - | 3. Have not earned two consecutive grades of "F", three 415 |
---|
621 | | - | consecutive grades below a "C", or two consecutive school 416 |
---|
622 | | - | improvement ratings of "Unsatisfactory" satisfactory student 417 |
---|
623 | | - | achievement based on state account ability standards applicable 418 |
---|
624 | | - | to the charter school . 419 |
---|
625 | | - | 4. Have received final approval from its sponsor pursuant 420 |
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626 | | - | to s. 1002.33 for operation during that fiscal year. 421 |
---|
627 | | - | 5. Serve students in facilities that are not provided by 422 |
---|
628 | | - | the charter school's sponsor. 423 |
---|
629 | | - | Section 4. Section 1012.57, Florida Statutes, is amended 424 |
---|
630 | | - | to read: 425 |
---|
631 | | - | |
---|
632 | | - | CS/CS/HB 857 2023 |
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633 | | - | |
---|
634 | | - | |
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635 | | - | |
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636 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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637 | | - | hb0857-02-c2 |
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638 | | - | Page 18 of 19 |
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639 | | - | 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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640 | | - | |
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641 | | - | |
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642 | | - | |
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643 | | - | 1012.57 Certification of adjunct educators. — 426 |
---|
644 | | - | (1) Notwithstanding the provisions of ss. 1012.32, 427 |
---|
645 | | - | 1012.55, and 1012.56, or any other provision of law or rule to 428 |
---|
646 | | - | the contrary, district sc hool boards and charter school 429 |
---|
647 | | - | governing boards shall adopt rules to allow for the issuance of 430 |
---|
648 | | - | an adjunct teaching certificate to any applicant who fulfills 431 |
---|
649 | | - | the requirements of s. 1012.56(2)(a) -(f) and (10) and who has 432 |
---|
650 | | - | expertise in the subject area to be t aught. An applicant shall 433 |
---|
651 | | - | be considered to have expertise in the subject area to be taught 434 |
---|
652 | | - | if the applicant demonstrates sufficient subject area mastery 435 |
---|
653 | | - | through passage of a subject area test. 436 |
---|
654 | | - | (2) The Legislature intends that this section allow school 437 |
---|
655 | | - | districts and charter schools to tap the wealth of talent and 438 |
---|
656 | | - | expertise represented in Florida's citizens who may wish to 439 |
---|
657 | | - | teach in a Florida public school by permitting school districts 440 |
---|
658 | | - | and charter schools to issue adjunct certificates to qualified 441 |
---|
659 | | - | applicants. 442 |
---|
660 | | - | (3) Adjunct certificateholders should be used primarily as 443 |
---|
661 | | - | a strategy to enhance the diversity of course offerings offered 444 |
---|
662 | | - | to all students. School districts and charter schools may use 445 |
---|
663 | | - | the expertise of individuals in the state who wish to provide 446 |
---|
664 | | - | online instruction to students by issuing adjunct certificates 447 |
---|
665 | | - | to qualified applicants. 448 |
---|
666 | | - | (4) Each adjunct teaching certificate is valid through the 449 |
---|
667 | | - | term of the annual contract between the educator and the school 450 |
---|
668 | | - | |
---|
669 | | - | CS/CS/HB 857 2023 |
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670 | | - | |
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671 | | - | |
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672 | | - | |
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673 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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674 | | - | hb0857-02-c2 |
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675 | | - | Page 19 of 19 |
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676 | | - | 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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677 | | - | |
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678 | | - | |
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679 | | - | |
---|
680 | | - | district or charter school. An additional annual certification 451 |
---|
681 | | - | and an additional annual contract may be awarded by the district 452 |
---|
682 | | - | or charter school at the district's or charter school's 453 |
---|
683 | | - | discretion but only if the applicant is rated effective or 454 |
---|
684 | | - | highly effective under s. 1012.34 durin g each year of teaching 455 |
---|
685 | | - | under adjunct teaching certification. A school district and 456 |
---|
686 | | - | charter school may issue an adjunct teaching certificate for a 457 |
---|
687 | | - | part-time or full-time teaching position; however, an adjunct 458 |
---|
688 | | - | teaching certificate issued for a full -time teaching position is 459 |
---|
689 | | - | valid for no more than 3 years and is nonrenewable. 460 |
---|
690 | | - | (5) Individuals who are certified and employed under this 461 |
---|
691 | | - | section shall have the same rights and protection of laws as 462 |
---|
692 | | - | teachers certified under s. 1012.56. 463 |
---|
693 | | - | (6) Each school district and charter school shall: 464 |
---|
694 | | - | (a) Post requirements on its website for the issuance of 465 |
---|
695 | | - | an adjunct teaching certificate, which must specify the subject 466 |
---|
696 | | - | area test through which an applicant demonstrates subject area 467 |
---|
697 | | - | mastery. 468 |
---|
698 | | - | (b) Annually report to the departm ent the number of 469 |
---|
699 | | - | adjunct teaching certificates issued for part -time teaching 470 |
---|
700 | | - | positions and full-time teaching positions pursuant to this 471 |
---|
701 | | - | section. 472 |
---|
702 | | - | Section 5. This act shall take effect July 1, 2023. 473 |
---|
| 606 | + | (a) Post requirements on its website for the issuance o f 401 |
---|
| 607 | + | an adjunct teaching certificate, which must specify the subject 402 |
---|
| 608 | + | area test through which an applicant demonstrates subject area 403 |
---|
| 609 | + | mastery. 404 |
---|
| 610 | + | (b) Annually report to the department the number of 405 |
---|
| 611 | + | adjunct teaching certificates issued for part -time teaching 406 |
---|
| 612 | + | positions and full-time teaching positions pursuant to this 407 |
---|
| 613 | + | section. 408 |
---|
| 614 | + | Section 5. This act shall take effect July 1, 2023. 409 |
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