Florida Senate - 2023 SB 986 By Senator Burgess 23-00391C-23 2023986__ 1 A bill to be entitled 2 An act relating to education; amending s. 1002.33, 3 F.S.; requiring the Department of Education to develop 4 a review and evaluation form for charter schools which 5 meets specified criteria; providing requirements for 6 training that sponsors must provide to charter 7 schools; authorizing the department to request that 8 the State Board of Education withhold funding from a 9 sponsor under certain conditions; specifying reporting 10 requirements for sponsors; authorizing the department 11 to refund a portion of the administrative fee to 12 charter schools under certain conditions; amending s. 13 1012.56, F.S.; revising the length of time for which a 14 statement of status of eligibility is valid; revising 15 the length of time for which the department may issue 16 a professional certificate; revising the requirements 17 needed for a professional certificate; amending s. 18 1012.71, F.S.; revising the definition of the term 19 classroom teacher; revising how a district school 20 board calculates teachers shares of funds from the 21 Florida Teachers Classroom Supply Assistance Program; 22 authorizing a school administrator or substitute 23 teacher to petition the department for Florida Teacher 24 Classroom Supply Assistance Program funds under 25 certain conditions; requiring the department to review 26 the petition and render a decision within a specified 27 timeframe; specifying applicability of other program 28 requirements; providing an effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1.Paragraph (b) of subsection (5) and paragraph 33 (a) of subsection (20) of section 1002.33, Florida Statutes, are 34 amended to read: 35 1002.33Charter schools. 36 (5)SPONSOR; DUTIES. 37 (b)Sponsor duties. 38 1.a.The sponsor shall monitor and review the charter 39 school in its progress toward the goals established in the 40 charter. 41 b.The sponsor shall monitor the revenues and expenditures 42 of the charter school and perform the duties provided in s. 43 1002.345. 44 c.The sponsor may approve a charter for a charter school 45 before the applicant has identified space, equipment, or 46 personnel, if the applicant indicates approval is necessary for 47 it to raise working funds. 48 d.The sponsor may not apply its policies to a charter 49 school unless mutually agreed to by both the sponsor and the 50 charter school. If the sponsor subsequently amends any agreed 51 upon sponsor policy, the version of the policy in effect at the 52 time of the execution of the charter, or any subsequent 53 modification thereof, shall remain in effect and the sponsor may 54 not hold the charter school responsible for any provision of a 55 newly revised policy until the revised policy is mutually agreed 56 upon. 57 e.The sponsor shall ensure that the charter is innovative 58 and consistent with the state education goals established by s. 59 1000.03(5). 60 f.The sponsor shall ensure that the charter school 61 participates in the states education accountability system. If 62 a charter school falls short of performance measures included in 63 the approved charter, the sponsor shall report such shortcomings 64 to the Department of Education. 65 g.The sponsor is not liable for civil damages under state 66 law for personal injury, property damage, or death resulting 67 from an act or omission of an officer, employee, agent, or 68 governing body of the charter school. 69 h.The sponsor is not liable for civil damages under state 70 law for any employment actions taken by an officer, employee, 71 agent, or governing body of the charter school. 72 i.The sponsors duties to monitor the charter school do 73 not constitute the basis for a private cause of action. 74 j.The sponsor may not impose additional reporting 75 requirements on a charter school as long as the charter school 76 has not been identified as having a deteriorating financial 77 condition or financial emergency pursuant to s. 1002.345. 78 k.The sponsor shall submit an annual report to the 79 Department of Education in a web-based format to be determined 80 by the department. 81 (I)The report shall include the following information: 82 (A)The number of applications received during the school 83 year and up to August 1 and each applicants contact 84 information. 85 (B)The date each application was approved, denied, or 86 withdrawn. 87 (C)The date each final contract was executed. 88 (II)Annually, by November 1, the sponsor shall submit to 89 the department the information for the applications submitted 90 the previous year. 91 (III)(A)The department shall compile an annual report, by 92 sponsor, and post the report on its website by January 15 of 93 each year. 94 (B)The department shall develop a standardized annual 95 periodic review and evaluation form to be completed by sponsors 96 which meets the standard charter contracts or virtual charter 97 contracts criteria. Any term or condition of a proposed charter 98 annual periodic review and evaluation form or proposed virtual 99 charter annual periodic review and evaluation form which differs 100 from the standard annual periodic review and evaluation form or 101 virtual charter annual periodic review and evaluation form 102 adopted by rule of the State Board of Education shall be 103 presumed a limitation on charter school flexibility. 104 2.Immunity for the sponsor of a charter school under 105 subparagraph 1. applies only with respect to acts or omissions 106 not under the sponsors direct authority as described in this 107 section. 108 3.This paragraph does not waive a sponsors sovereign 109 immunity. 110 4.A Florida College System institution may work with the 111 school district or school districts in its designated service 112 area to develop charter schools that offer secondary education. 113 These charter schools must include an option for students to 114 receive an associate degree upon high school graduation. If a 115 Florida College System institution operates an approved teacher 116 preparation program under s. 1004.04 or s. 1004.85, the 117 institution may operate charter schools that serve students in 118 kindergarten through grade 12 in any school district within the 119 service area of the institution. District school boards shall 120 cooperate with and assist the Florida College System institution 121 on the charter application. Florida College System institution 122 applications for charter schools are not subject to the time 123 deadlines outlined in subsection (6) and may be approved by the 124 district school board at any time during the year. Florida 125 College System institutions may not report FTE for any students 126 participating under this subparagraph who receive FTE funding 127 through the Florida Education Finance Program. 128 5.For purposes of assisting the development of a charter 129 school, a school district may enter into nonexclusive interlocal 130 agreements with federal and state agencies, counties, 131 municipalities, and other governmental entities that operate 132 within the geographical borders of the school district to act on 133 behalf of such governmental entities in the inspection, 134 issuance, and other necessary activities for all necessary 135 permits, licenses, and other permissions that a charter school 136 needs in order for development, construction, or operation. A 137 charter school may use, but may not be required to use, a school 138 district for these services. The interlocal agreement must 139 include, but need not be limited to, the identification of fees 140 that charter schools will be charged for such services. The fees 141 must consist of the governmental entitys fees plus a fee for 142 the school district to recover no more than actual costs for 143 providing such services. These services and fees are not 144 included within the services to be provided pursuant to 145 subsection (20). Notwithstanding any other provision of law, an 146 interlocal agreement or ordinance that imposes a greater 147 regulatory burden on charter schools than school districts or 148 that prohibits or limits the creation of a charter school is 149 void and unenforceable. An interlocal agreement entered into by 150 a school district for the development of only its own schools, 151 including provisions relating to the extension of 152 infrastructure, may be used by charter schools. 153 6.The board of trustees of a sponsoring state university 154 or Florida College System institution under paragraph (a) is the 155 local educational agency for all charter schools it sponsors for 156 purposes of receiving federal funds and accepts full 157 responsibility for all local educational agency requirements and 158 the schools for which it will perform local educational agency 159 responsibilities. A student enrolled in a charter school that is 160 sponsored by a state university or Florida College System 161 institution may not be included in the calculation of the school 162 districts grade under s. 1008.34(5) for the school district in 163 which he or she resides. 164 (20)SERVICES. 165 (a)1.A sponsor shall provide certain administrative and 166 educational services to charter schools. These services shall 167 include contract management services; full-time equivalent and 168 data reporting services; exceptional student education 169 administration services; services related to eligibility and 170 reporting duties required to ensure that school lunch services 171 under the National School Lunch Program, consistent with the 172 needs of the charter school, are provided by the sponsor at the 173 request of the charter school, that any funds due to the charter 174 school under the National School Lunch Program be paid to the 175 charter school as soon as the charter school begins serving food 176 under the National School Lunch Program, and that the charter 177 school is paid at the same time and in the same manner under the 178 National School Lunch Program as other public schools serviced 179 by the sponsor or the school district; test administration 180 services, including payment of the costs of state-required or 181 district-required student assessments; processing of teacher 182 certificate data services; and information services, including 183 equal access to the sponsors student information systems that 184 are used by public schools in the district in which the charter 185 school is located or by schools in the sponsors portfolio of 186 charter schools if the sponsor is not a school district. Student 187 performance data for each student in a charter school, 188 including, but not limited to, FCAT scores, standardized test 189 scores, previous public school student report cards, and student 190 performance measures, shall be provided by the sponsor to a 191 charter school in the same manner provided to other public 192 schools in the district or by schools in the sponsors portfolio 193 of charter schools if the sponsor is not a school district. 194 2.A sponsor shall provide training to charter schools on 195 any statutory requirements, systems the sponsor will require 196 charter schools to use, and rule changes from the department to 197 the same extent that the sponsor provides training to employees 198 of that sponsor. The sponsor shall notify charter schools of 199 open vacancies for training in the district and must allow them 200 to participate. If a sponsor does not allow a charter school to 201 participate in the trainings specified in this subparagraph, the 202 department may ask the State Board of Education to withhold 203 funding. 204 3.A sponsor may withhold an administrative fee for the 205 provision of such services which shall be a percentage of the 206 available funds defined in paragraph (17)(b) calculated based on 207 weighted full-time equivalent students. If the charter school 208 serves 75 percent or more exceptional education students as 209 defined in s. 1003.01(3), the percentage shall be calculated 210 based on unweighted full-time equivalent students. The 211 administrative fee shall be calculated as follows: 212 a.Up to 5 percent for: 213 (I)Enrollment of up to and including 250 students in a 214 charter school as defined in this section. 215 (II)Enrollment of up to and including 500 students within 216 a charter school system which meets all of the following: 217 (A)Includes conversion charter schools and nonconversion 218 charter schools. 219 (B)Has all of its schools located in the same county. 220 (C)Has a total enrollment exceeding the total enrollment 221 of at least one school district in this state. 222 (D)Has the same governing board for all of its schools. 223 (E)Does not contract with a for-profit service provider 224 for management of school operations. 225 (III)Enrollment of up to and including 250 students in a 226 virtual charter school. 227 b.Up to 2 percent for enrollment of up to and including 228 250 students in a high-performing charter school as defined in 229 s. 1002.331. 230 c.Up to 2 percent for enrollment of up to and including 231 250 students in an exceptional student education center that 232 meets the requirements of the rules adopted by the State Board 233 of Education pursuant to s. 1008.3415(3). 234 4.3.A sponsor may not charge charter schools any 235 additional fees or surcharges for administrative and educational 236 services in addition to the maximum percentage of administrative 237 fees withheld pursuant to this paragraph. A sponsor may not 238 charge or withhold any administrative fee against a charter 239 school for any funds specifically allocated by the Legislature 240 for teacher compensation. 241 5.4.A sponsor shall provide to the department by September 242 15 of each year the total amount of funding withheld from 243 charter schools pursuant to this subsection for the prior fiscal 244 year. The department must include the information in the report 245 required under sub-sub-subparagraph (5)(b)1.k.(III). 246 6.A sponsor shall annually provide a report to its charter 247 schools on what services are being rendered from the sponsors 248 portion of the administrative fee. The report must include the 249 listed services and be submitted to the department by September 250 15 of each year. Upon the departments review of the report, it 251 may withdraw the districts portion of the administrative fee if 252 the department determines that services are not being rendered. 253 Any withdrawn funds shall be refunded to the appropriate charter 254 schools within 30 days of such a determination. 255 Section 2.Subsection (1) and paragraph (a) of subsection 256 (7) of section 1012.56, Florida Statutes, are amended to read: 257 1012.56Educator certification requirements. 258 (1)APPLICATION.Each person seeking certification pursuant 259 to this chapter shall submit a completed application containing 260 the applicants social security number to the Department of 261 Education and remit the fee required pursuant to s. 1012.59 and 262 rules of the State Board of Education. Pursuant to the federal 263 Personal Responsibility and Work Opportunity Reconciliation Act 264 of 1996, each party is required to provide his or her social 265 security number in accordance with this section. Disclosure of 266 social security numbers obtained through this requirement is 267 limited to the purpose of administration of the Title IV-D 268 program of the Social Security Act for child support 269 enforcement. 270 (a)Pursuant to s. 120.60, the department shall issue 271 within 90 calendar days after receipt of the completed 272 application a professional certificate to a qualifying applicant 273 covering the classification, level, and area for which the 274 applicant is deemed qualified and a document explaining the 275 requirements for renewal of the professional certificate. 276 (b)The department shall issue a temporary certificate to a 277 qualifying applicant within 14 calendar days after receipt of a 278 request from an employer with a professional education 279 competence demonstration program pursuant to paragraphs (6)(f) 280 and (8)(b). The temporary certificate must cover the 281 classification, level, and area for which the applicant is 282 deemed qualified. The department shall electronically notify the 283 applicants employer that the temporary certificate has been 284 issued and provide the applicant an official statement of status 285 of eligibility at the time the certificate is issued. 286 (c)Pursuant to s. 120.60, the department shall issue 287 within 90 calendar days after receipt of the completed 288 application, if an applicant does not meet the requirements for 289 either certificate, an official statement of status of 290 eligibility. 291 292 The statement of status of eligibility must be provided 293 electronically and must advise the applicant of any 294 qualifications that must be completed to qualify for 295 certification. Each method by which an applicant can complete 296 the qualifications for a professional certificate must be 297 included in the statement of status of eligibility. Each 298 statement of status of eligibility is valid for 5 3 years after 299 its date of issuance, except as provided in paragraph (2)(d). 300 (7)TYPES AND TERMS OF CERTIFICATION. 301 (a)The Department of Education shall issue a professional 302 certificate for a period not to exceed 10 5 years to any 303 applicant who fulfills one of the following: 304 1.Meets all the applicable requirements outlined in 305 subsection (2). 306 2.For a professional certificate covering grades 6 through 307 12: 308 a.Meets the applicable requirements of paragraphs (2)(a) 309 (h). 310 b.Holds a masters or higher degree in the area of 311 science, technology, engineering, or mathematics. 312 c.Teaches a high school course in the subject of the 313 advanced degree. 314 d.Is rated highly effective as determined by the teachers 315 performance evaluation under s. 1012.34, based in part on 316 student performance as measured by a statewide, standardized 317 assessment or an Advanced Placement, Advanced International 318 Certificate of Education, or International Baccalaureate 319 examination. 320 e.Achieves a passing score on the Florida professional 321 education competency examination required by state board rule. 322 3.Meets the applicable requirements of paragraphs (2)(a) 323 (f) (2)(a)-(h) and completes a professional preparation and 324 education competence program approved by the department pursuant 325 to paragraph (8)(c) or an educator preparation institute 326 approved by the department pursuant to s. 1004.85. An applicant 327 who completes one of these programs and is rated highly 328 effective as determined by his or her performance evaluation 329 under s. 1012.34 is not required to take or achieve a passing 330 score on the professional education competency examination in 331 order to be awarded a professional certificate. 332 333 At least 1 year before an individuals temporary 334 certificate is set to expire, the department shall 335 electronically notify the individual of the date on which 336 his or her certificate will expire and provide a list of 337 each method by which the qualifications for a professional 338 certificate can be completed. The State Board of Education 339 shall adopt rules to allow the department to extend the 340 validity period of a temporary certificate for 2 years when 341 the requirements for the professional certificate were not 342 completed due to the serious illness or injury of the 343 applicant, the military service of an applicants spouse, 344 other extraordinary extenuating circumstances, or if the 345 certificateholder is rated highly effective in the 346 immediate prior years performance evaluation pursuant to 347 s. 1012.34 or has completed a 2-year mentorship program 348 pursuant to subsection (8). The department shall extend the 349 temporary certificate upon approval by the Commissioner of 350 Education. A written request for extension of the 351 certificate shall be submitted by the district school 352 superintendent, the governing authority of a university lab 353 school, the governing authority of a state-supported 354 school, or the governing authority of a private school. 355 Section 3.Subsections (1) and (3) of section 1012.71, 356 Florida Statutes, are amended, and subsection (7) is added to 357 that section, to read: 358 1012.71The Florida Teachers Classroom Supply Assistance 359 Program. 360 (1)For purposes of the Florida Teachers Classroom Supply 361 Assistance Program, the term classroom teacher means a 362 certified teacher employed by a public school district or a 363 public charter school in that district on or before September 1 364 of each year whose full-time or job-share responsibility is the 365 classroom instruction of students in prekindergarten through 366 grade 12, including full-time media specialists and certified 367 school counselors serving students in prekindergarten through 368 grade 12, who are funded through the Florida Education Finance 369 Program. A job-share classroom teacher is one of two teachers 370 whose combined full-time equivalent employment for the same 371 teaching assignment equals one full-time classroom teacher. The 372 term classroom teacher may also include an administrator or a 373 substitute teacher who is filling a vacancy in an identified 374 teaching position on or before September 1 of each year who 375 holds a valid teaching certificate. 376 (3)From the funds allocated to each school district and 377 any funds received from local contributions for the Florida 378 Teachers Classroom Supply Assistance Program, the district 379 school board shall calculate an identical amount for each 380 classroom teacher who is estimated to be employed by the school 381 district or a charter school in the district on September 1 of 382 each year, which is that teachers proportionate share of the 383 total amount allocated to the district from state funds and 384 funds received from local contributions. A job-share classroom 385 teacher may receive a prorated share of the amount provided to a 386 full-time classroom teacher. The school district shall calculate 387 a prorated share of the funds to a classroom teacher who teaches 388 less than full time. For a classroom teacher determined eligible 389 on July 1, the district school board and each charter school 390 board may provide the teacher with his or her total 391 proportionate share by August 1 based on the estimate of the 392 number of teachers who will be employed on September 1. For a 393 classroom teacher determined eligible after July 1, the district 394 school board and each charter school board shall provide the 395 teacher with his or her total proportionate share by September 396 30. The proportionate share may be provided by any means 397 determined appropriate by the district school board or charter 398 school board, including, but not limited to, direct deposit, 399 check, debit card, or purchasing card. If a debit card is used, 400 an identifier must be placed on the front of the debit card 401 which clearly indicates that the card has been issued for the 402 Florida Teachers Classroom Supply Assistance Program. 403 Expenditures under the program are not subject to state or local 404 competitive bidding requirements. Funds received by a classroom 405 teacher do not affect wages, hours, or terms and conditions of 406 employment and, therefore, are not subject to collective 407 bargaining. Any classroom teacher may decline receipt of or 408 return the funds without explanation or cause. 409 (7)(a)An administrator or a substitute teacher acting 410 dually as a classroom teacher to fill a vacancy in an identified 411 teaching position on or before September 1 of each year who 412 holds a valid teaching certification may petition the 413 department, on a form developed by the department, for that 414 classroom teachers portion of the Florida Teacher Classroom 415 Supply Assistance Program allocation. The department shall 416 review the petition to determine the validity of the vacancy and 417 that the administrator or substitute teacher meets the 418 requirements specified in this section. The department must 419 render a decision to the applicant and the appropriate district 420 within 30 days on any petition made pursuant to this paragraph. 421 (b)An applicant whose petition is approved pursuant to 422 paragraph (a) is otherwise subject to all other requirements set 423 forth in this section. 424 Section 4.This act shall take effect July 1, 2023.