FL
Florida House Bill H0109

Florida 2024 Regular Session

Florida House Bill H0109 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
15-An act relating to charter schools; amending s. 2
16-1002.33, F.S.; revising the requirements for an 3
17-application for a conversion charter school; 4
15+An act relating to conversion charter schools; 2
16+amending s. 1002.33, F.S.; revising the requirements 3
17+for an application for a conversion charter school; 4
1818 authorizing municipalities to apply for the conversion 5
1919 of specified public schools to charter schools; 6
2020 authorizing the Charter School Review Commission to 7
2121 solicit and review applications for conversion charter 8
22-schools; requiring certain school district real 9
23-property to be designated as surplus by the Department 10
24-of Education and Department of Management Services; 11
25-requiring such surplus real property to be available 12
26-to certain charter schools and governing boards; 13
27-providing requirements for the transfer of such real 14
28-property; requiring such real property to be made 15
29-available for affordable housing under certain 16
30-circumstances; providing an effective date. 17
31- 18
32-Be It Enacted by the Legislature of the State of Florida: 19
33- 20
34- Section 1. Paragraph (c) is added to subsection (3) of 21
35-section 1002.33, Florida Statutes, and paragraph (b) of 22
36-subsection (3), paragraph (a) of subsection (5), and paragraph 23
37-(e) of subsection (18) of that section are amended, to read: 24
38- 1002.33 Charter schools. — 25
22+schools; providing an effective date. 9
23+ 10
24+Be It Enacted by the Legislature of the State of Florida: 11
25+ 12
26+ Section 1. Paragraph (c) is added to subsection (3) of 13
27+section 1002.33, Florida Statutes, and paragraph (b) of 14
28+subsection (3) and paragraph (a) of subsection (5) of that 15
29+section are amended, to re ad: 16
30+ 1002.33 Charter schools. — 17
31+ (3) APPLICATION FOR CHARTER STATUS. — 18
32+ (b) An application for a conversion charter school shall 19
33+be made by a municipality, the district school board, the 20
34+principal, teachers, parents, and/or the school advisory council 21
35+at an existing public school that has been in operation for at 22
36+least 2 years prior to the application to convert. A public 23
37+school-within-a-school that is designated as a school by the 24
38+district school board may also submit an application to convert 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- (3) APPLICATION FOR CHARTER STATUS. — 26
52- (b) An application for a conversion charter school shall 27
53-be made by a municipality, the district school board, the 28
54-principal, teachers, parents, and/or the school advisory council 29
55-at an existing public school that has been in operation for at 30
56-least 2 years prior to the application to convert. A public 31
57-school-within-a-school that is designated as a school by the 32
58-district school board may also submit an application to convert 33
59-to charter status. An application submitted proposing to convert 34
60-an existing public sch ool to a charter school shall demonstrate 35
61-the support of at least 50 percent of the teachers employed at 36
62-the school and 50 percent of the parents voting whose children 37
63-are enrolled at the school, provided that a majority of the 38
64-parents eligible to vote par ticipate in the ballot process, 39
65-according to rules adopted by the State Board of Education. The 40
66-Charter School Review Commission or a district school board 41
67-denying an application for a conversion charter school shall 42
68-provide notice of denial to the applica nts in writing within 10 43
69-days after the meeting at which the commission or district 44
70-school board denied the application. The notice must articulate 45
71-in writing the specific reasons for denial and must provide 46
72-documentation supporting those reasons. A privat e school, 47
73-parochial school, or home education program shall not be 48
74-eligible for charter school status. 49
75- (c) A municipality may submit an application for 50
51+to charter status. An application submitted proposing to convert 26
52+an existing public school to a charter school shall demonstrate 27
53+the support of at least 50 percent of the teachers employed at 28
54+the school and 50 percent of the parents voting whose children 29
55+are enrolled at the school, provided that a majority of the 30
56+parents eligible to vote participate in the ballot process, 31
57+according to rules adopted by the State Board of Education. The 32
58+Charter School Review Commission or a district school board 33
59+denying an application f or a conversion charter school shall 34
60+provide notice of denial to the applicants in writing within 10 35
61+days after the meeting at which the commission or district 36
62+school board denied the application. The notice must articulate 37
63+in writing the specific reasons for denial and must provide 38
64+documentation supporting those reasons. A private school, 39
65+parochial school, or home education program shall not be 40
66+eligible for charter school status. 41
67+ (c) A municipality may submit an application for 42
68+conversion for any or all of the public schools within its 43
69+jurisdictional boundary as part of a single application for 44
70+approval. 45
71+ (5) SPONSOR; DUTIES. — 46
72+ (a) Sponsoring entities. — 47
73+ 1. A district school board may sponsor a charter school in 48
74+the county over which the district schoo l board has 49
75+jurisdiction. 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-conversion for any or all of the public schools within its 51
89-jurisdictional boundary as part of a single application for 52
90-approval. 53
91- (5) SPONSOR; DUTIES. — 54
92- (a) Sponsoring entities. — 55
93- 1. A district school board may sponsor a charter school in 56
94-the county over which the district school board has 57
95-jurisdiction. 58
96- 2. A state university may grant a charter to a l ab school 59
97-created under s. 1002.32 and shall be considered to be the 60
98-school's sponsor. Such school shall be considered a charter lab 61
99-school. 62
100- 3. Because needs relating to educational capacity, 63
101-workforce qualifications, and career education opportunities a re 64
102-constantly changing and extend beyond school district 65
103-boundaries: 66
104- a. A state university may, upon approval by the Department 67
105-of Education, solicit applications and sponsor a charter school 68
106-to meet regional education or workforce demands by serving 69
107-students from multiple school districts. 70
108- b. A Florida College System institution may, upon approval 71
109-by the Department of Education, solicit applications and sponsor 72
110-a charter school in any county within its service area to meet 73
111-workforce demands and may off er postsecondary programs leading 74
112-to industry certifications to eligible charter school students. 75
88+ 2. A state university may grant a charter to a lab school 51
89+created under s. 1002.32 and shall be considered to be the 52
90+school's sponsor. Such school shall be considered a charter lab 53
91+school. 54
92+ 3. Because needs relating to educatio nal capacity, 55
93+workforce qualifications, and career education opportunities are 56
94+constantly changing and extend beyond school district 57
95+boundaries: 58
96+ a. A state university may, upon approval by the Department 59
97+of Education, solicit applications and sponsor a c harter school 60
98+to meet regional education or workforce demands by serving 61
99+students from multiple school districts. 62
100+ b. A Florida College System institution may, upon approval 63
101+by the Department of Education, solicit applications and sponsor 64
102+a charter school in any county within its service area to meet 65
103+workforce demands and may offer postsecondary programs leading 66
104+to industry certifications to eligible charter school students. 67
105+A charter school established under subparagraph (b)4. may not be 68
106+sponsored by a Florida College System institution until its 69
107+existing charter with the school district expires as provided 70
108+under subsection (7). 71
109+ c. Notwithstanding paragraph (6)(b), a state university or 72
110+Florida College System institution may, at its discretion, deny 73
111+an application for a charter school. 74
112+ d. The Charter School Review Commission, as authorized 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-A charter school established under subparagraph (b)4. may not be 76
126-sponsored by a Florida College System institution until its 77
127-existing charter with the school district expires as provided 78
128-under subsection (7). 79
129- c. Notwithstanding paragraph (6)(b), a state university or 80
130-Florida College System institution may, at its discretion, deny 81
131-an application for a charter school. 82
132- d. The Charter School Review Commission, as authorized 83
133-under s. 1002.3301, may solicit and review applications for 84
134-conversion charter schools and charter schools overseen by 85
135-district school boards and, upon the commission approving an 86
136-application, the dis trict school board that oversees the school 87
137-district in which the charter school will be located shall serve 88
138-as sponsor. 89
139- (18) FACILITIES.— 90
140- (e) In order to preserve the availability of scarce vacant 91
141-land for educational purposes, the Department of Educa tion and 92
142-the Department of Management Services shall designate vacant 93
143-school district real property as surplus if such school district 94
144-has experienced a decline in student enrollment of 1 percent or 95
145-more for at least 2 consecutive years. Upon the designati on of 96
146-such real property as surplus, the school district must make 97
147-such real property available to approved charter schools and 98
148-charter school governing boards within the school district. The 99
149-school district shall transfer the control and operation of such 100
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158-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-real property to the charter school or charter school governing 101
163-board without charging the charter school or charter school 102
164-governing board any rental, leasing, or other usage fees. If a 103
165-charter school or charter school governing board within the 104
166-school district does not request the use of the surplus real 105
167-property within 6 months after such real property is designated 106
168-as surplus by the Department of Education and the Department of 107
169-Management Services, the real property shall be made available 108
170-for affordable housing within the county pursuant to s. 109
171-1001.43(12). If a district school board facility or property is 110
172-available because it is surplus, marked for disposal, or 111
173-otherwise unused, it shall be provided for a charter school's 112
174-use on the same basis as it i s made available to other public 113
175-schools in the district. A charter school receiving surplus real 114
176-property pursuant to this subsection property from the sponsor 115
177-may not sell or dispose of such property without written 116
178-permission of the sponsor. Similarly, for an existing public 117
179-school converting to charter status, no rental or leasing fee 118
180-for the existing facility or for the property normally 119
181-inventoried to the conversion school may be charged by the 120
182-district school board to the parents and teachers organiz ing the 121
183-charter school. The charter school shall agree to reasonable 122
184-maintenance provisions in order to maintain the facility in a 123
185-manner similar to district school board standards. The Public 124
186-Education Capital Outlay maintenance funds or any other 125
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195-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-maintenance funds generated by the facility operated as a 126
200-conversion school shall remain with the conversion school. 127
201- Section 2. This act shall take effect July 1, 2024. 128
125+under s. 1002.3301, may solicit and review applications for 76
126+conversion charter schools and charter schools overseen by 77
127+district school boards and, upon the commission approving an 78
128+application, the district school board that oversees the school 79
129+district in which the charter school will be located shall serve 80
130+as sponsor. 81
131+ Section 2. This act shall take effect July 1, 2024. 82