Florida 2023 Regular Session

Florida House Bill H0857 Compare Versions

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1010 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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1414 A bill to be entitled 1
1515 An act relating to charter schools; amending s. 2
1616 1002.33, F.S.; providing clarifying language relating 3
1717 to admission and dismissal procedures; authorizing a 4
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
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4747 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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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
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88-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
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121121 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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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
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158158 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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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
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195195 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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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
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232232 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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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
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269269 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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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
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306306 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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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
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343343 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
344344
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346346
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
356356 consolidation. A request for consolidation of multiple charters 235
357357 must be approved or denied within 60 days after the submission 236
358358 of the request. If the request is deni ed, the sponsor must shall 237
359359 notify the charter school's governing board of the denial and 238
360360 must provide the specific reasons, in reasonable detail, for the 239
361361 denial of the request for consolidation within 10 days. 240
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
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380380 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
381381
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383383
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
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417417 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
418418
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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
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454454 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
455455
456456
457457
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
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491491 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
492492
493493
494494
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
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528528 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
529529
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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
542+ Section 4. Section 1012.57, Florida Statutes, is amended 361
543+to read: 362
544+ 1012.57 Certification of adjunct educators. 363
545+ (1) Notwithstanding the provisions of ss. 1012.32, 364
546+1012.55, and 1012.56, or any other provision of law or rule to 365
547+the contrary, district schoo l boards and charter school 366
548+governing boards shall adopt rules to allow for the issuance of 367
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
556+districts and charter schools to tap the wealth of talent and 375
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565565 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
566566
567567
568568
569- Section 3. Paragraph (a) of subsection (1) of sec tion 376
570-1013.62, Florida Statutes, is amended to read: 377
571- 1013.62 Charter schools capital outlay funding. — 378
572- (1) For the 2022-2023 fiscal year, charter school capital 379
573-outlay funding shall consist of state funds appropriated in the 380
574-2022-2023 General Appropriati ons Act. Beginning in fiscal year 381
575-2023-2024, charter school capital outlay funding shall consist 382
576-of state funds when such funds are appropriated in the General 383
577-Appropriations Act and revenue resulting from the discretionary 384
578-millage authorized in s. 1011.71 (2) if the amount of state funds 385
579-appropriated for charter school capital outlay in any fiscal 386
580-year is less than the average charter school capital outlay 387
581-funds per unweighted full -time equivalent student for the 2018 -388
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
584-changes in the Consumer Price Index issued by the United States 391
585-Department of Labor from the previous fiscal year. Nothing in 392
586-this subsection prohibits a school distri ct from distributing to 393
587-charter schools funds resulting from the discretionary millage 394
588-authorized in s. 1011.71(2). 395
589- (a) To be eligible to receive capital outlay funds, a 396
590-charter school must: 397
591- 1.a. Have been in operation for 2 or more years; 398
592- b. Be governed by a governing board established in the 399
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
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
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
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602602 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
603603
604604
605605
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
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
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-
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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
640-
641-
642-
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-
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673-CODING: Words stricken are deletions; words underlined are additions.
674-hb0857-02-c2
675-Page 19 of 19
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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678-
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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