Florida Senate - 2025 CS for SB 822 By the Committee on Education Pre-K - 12; and Senator Rodriguez 581-03083-25 2025822c1 1 A bill to be entitled 2 An act relating to education; amending s. 1002.33, 3 F.S.; providing requirements for specified deadlines 4 for charter schools; authorizing a charter school 5 governing board to adopt its own code of student 6 conduct; providing requirements for the code of 7 student conduct; providing that charter schools are 8 not exempt from a specified statute; authorizing a 9 charter school to increase its student enrollment 10 beyond the capacity identified in the charter under 11 certain conditions; requiring a charter school to 12 notify its sponsor in writing by a specified date, and 13 to include specified information, if it plans to 14 increase enrollment; revising services a sponsor must 15 provide to a charter school; requiring the Department 16 of Education to provide student performance data to a 17 charter school and its contractor; providing an 18 exception; prohibiting specified individuals from 19 being on a charter school governing board; providing 20 an exception; amending s. 1002.331, F.S.; authorizing 21 a high-performing charter school to assume the charter 22 of an existing charter school within the same school 23 district; providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1.Paragraphs (b) and (c) of subsection (5), 28 paragraphs (d) and (h) of subsection (10), paragraph (b) of 29 subsection (16), and paragraph (a) of subsection (20) of section 30 1002.33, Florida Statutes, are amended, and paragraph (s) is 31 added to subsection (9), paragraph (h) is added to subsection 32 (18), and paragraph (d) is added to subsection (26) of that 33 section, to read: 34 1002.33Charter schools. 35 (5)SPONSOR; DUTIES. 36 (b)Sponsor duties. 37 1.a.The sponsor shall monitor and review the charter 38 school in its progress toward the goals established in the 39 charter. 40 b.The sponsor shall monitor the revenues and expenditures 41 of the charter school and perform the duties provided in s. 42 1002.345. 43 c.The sponsor may approve a charter for a charter school 44 before the applicant has identified space, equipment, or 45 personnel, if the applicant indicates approval is necessary for 46 it to raise working funds. 47 d.The sponsor may not apply its policies to a charter 48 school unless mutually agreed to by both the sponsor and the 49 charter school. If the sponsor subsequently amends any agreed 50 upon sponsor policy, the version of the policy in effect at the 51 time of the execution of the charter, or any subsequent 52 modification thereof, shall remain in effect and the sponsor may 53 not hold the charter school responsible for any provision of a 54 newly revised policy until the revised policy is mutually agreed 55 upon. 56 e.The sponsor shall ensure that the charter is innovative 57 and consistent with the state education goals established by s. 58 1000.03(5). 59 f.The sponsor shall ensure that the charter school 60 participates in the states education accountability system. If 61 a charter school falls short of performance measures included in 62 the approved charter, the sponsor shall report such shortcomings 63 to the Department of Education. 64 g.The sponsor is not liable for civil damages under state 65 law for personal injury, property damage, or death resulting 66 from an act or omission of an officer, employee, agent, or 67 governing body of the charter school. 68 h.The sponsor is not liable for civil damages under state 69 law for any employment actions taken by an officer, employee, 70 agent, or governing body of the charter school. 71 i.The sponsors duties to monitor the charter school do 72 not constitute the basis for a private cause of action. 73 j.The sponsor may not impose additional reporting 74 requirements on a charter school as long as the charter school 75 has not been identified as having a deteriorating financial 76 condition or financial emergency pursuant to s. 1002.345. 77 k.The sponsor may not impose upon a charter school 78 administrative deadlines that are earlier than the sponsors own 79 corresponding deadlines for similar reports or submissions. Any 80 deadline imposed upon a charter school for financial audits or 81 other administrative requirements may not be earlier than 15 82 days before the sponsors own deadline for similar submissions 83 to the department. 84 l.k.The sponsor shall submit an annual report to the 85 Department of Education in a web-based format to be determined 86 by the department. 87 (I)The report must shall include the following 88 information: 89 (A)The number of applications received during the school 90 year and up to August 1 and each applicants contact 91 information. 92 (B)The date each application was approved, denied, or 93 withdrawn. 94 (C)The date each final contract was executed. 95 (II)Annually, by November 1, the sponsor shall submit to 96 the department the information for the applications submitted 97 the previous year. 98 (III)The department shall compile an annual report, by 99 sponsor, and post the report on its website by January 15 of 100 each year. 101 2.Immunity for the sponsor of a charter school under 102 subparagraph 1. applies only with respect to acts or omissions 103 not under the sponsors direct authority as described in this 104 section. 105 3.This paragraph does not waive a sponsors sovereign 106 immunity. 107 4.A Florida College System institution may work with the 108 school district or school districts in its designated service 109 area to develop charter schools that offer secondary education. 110 These charter schools must include an option for students to 111 receive an associate degree upon high school graduation. If a 112 Florida College System institution operates an approved teacher 113 preparation program under s. 1004.04 or s. 1004.85, the 114 institution may operate charter schools that serve students in 115 kindergarten through grade 12 in any school district within the 116 service area of the institution. District school boards shall 117 cooperate with and assist the Florida College System institution 118 on the charter application. Florida College System institution 119 applications for charter schools are not subject to the time 120 deadlines outlined in subsection (6) and may be approved by the 121 district school board at any time during the year. Florida 122 College System institutions may not report FTE for any students 123 participating under this subparagraph who receive FTE funding 124 through the Florida Education Finance Program. 125 5.For purposes of assisting the development of a charter 126 school, a school district may enter into nonexclusive interlocal 127 agreements with federal and state agencies, counties, 128 municipalities, and other governmental entities that operate 129 within the geographical borders of the school district to act on 130 behalf of such governmental entities in the inspection, 131 issuance, and other necessary activities for all necessary 132 permits, licenses, and other permissions that a charter school 133 needs in order for development, construction, or operation. A 134 charter school may use, but may not be required to use, a school 135 district for these services. The interlocal agreement must 136 include, but need not be limited to, the identification of fees 137 that charter schools will be charged for such services. The fees 138 must consist of the governmental entitys fees plus a fee for 139 the school district to recover no more than actual costs for 140 providing such services. These services and fees are not 141 included within the services to be provided pursuant to 142 subsection (20). Notwithstanding any other provision of law, an 143 interlocal agreement or ordinance that imposes a greater 144 regulatory burden on charter schools than school districts or 145 that prohibits or limits the creation of a charter school is 146 void and unenforceable. An interlocal agreement entered into by 147 a school district for the development of only its own schools, 148 including provisions relating to the extension of 149 infrastructure, may be used by charter schools. 150 6.The board of trustees of a sponsoring state university 151 or Florida College System institution under paragraph (a) is the 152 local educational agency for all charter schools it sponsors for 153 purposes of receiving federal funds and accepts full 154 responsibility for all local educational agency requirements and 155 the schools for which it will perform local educational agency 156 responsibilities. A student enrolled in a charter school that is 157 sponsored by a state university or Florida College System 158 institution may not be included in the calculation of the school 159 districts grade under s. 1008.34(5) for the school district in 160 which he or she resides. 161 (c)Sponsor accountability. 162 1.The department shall, in collaboration with charter 163 school sponsors and charter school operators, develop a sponsor 164 evaluation framework that must address, at a minimum: 165 a.The sponsors strategic vision for charter school 166 authorization and the sponsors progress toward that vision. 167 b.The alignment of the sponsors policies and practices to 168 best practices for charter school authorization. 169 c.The academic and financial performance of all operating 170 charter schools overseen by the sponsor. 171 d.The status of charter schools authorized by the sponsor, 172 including approved, operating, and closed schools. 173 2.The department shall compile the results by sponsor and 174 include the results in the report required under sub-sub 175 subparagraph (b)1.l.(III) (b)1.k.(III). 176 (9)CHARTER SCHOOL REQUIREMENTS. 177 (s)A charter school governing board may adopt its own code 178 of student conduct. The code of student conduct must meet or 179 exceed the minimum standards set forth in the sponsors code of 180 student conduct. Any provision of the code of student conduct 181 which is more stringent than the sponsors code of student 182 conduct must align with the mission of the charter school. The 183 sponsor may review the code and offer recommendations. Any 184 complaint or appeal related to the code of student conduct must 185 be resolved by the charter schools governing board using the 186 boards established procedures and must be in compliance with 187 applicable law and rules. 188 (10)ELIGIBLE STUDENTS. 189 (d)A charter school may give enrollment preference to the 190 following student populations: 191 1.Students who are siblings of a student enrolled in the 192 charter school. 193 2.Students who are the children of a member of the 194 governing board of the charter school. 195 3.Students who are the children of an employee of the 196 charter school. 197 4.Students who are the children of: 198 a.An employee of the business partner of a charter school 199 in-the-workplace established under paragraph (15)(b) or a 200 resident of the municipality in which such charter school is 201 located; or 202 b.A resident or employee of a municipality that operates a 203 charter school-in-a-municipality pursuant to paragraph (15)(c) 204 or allows a charter school to use a school facility or portion 205 of land provided by the municipality for the operation of the 206 charter school. 207 5.Students who have successfully completed, during the 208 previous year, a voluntary prekindergarten education program 209 under ss. 1002.51-1002.79 provided by the charter school, the 210 charter schools governing board, or a voluntary prekindergarten 211 provider that has a written agreement with the governing board. 212 6.Students who are the children of an active duty member 213 of any branch of the United States Armed Forces. 214 7.Students who attended or are assigned to failing schools 215 pursuant to s. 1002.38(2). 216 8.Students who are the children of a safe-school officer, 217 as defined in s. 1006.12, at the school. 218 9.Students who transfer from a classical school in this 219 state to a charter classical school in this state. For purposes 220 of this subparagraph, the term classical school means a 221 traditional public school or charter school that implements a 222 classical education model that emphasizes the development of 223 students in the principles of moral character and civic virtue 224 through a well-rounded education in the liberal arts and 225 sciences which is based on the classical trivium stages of 226 grammar, logic, and rhetoric. 227 (h)The capacity of the charter school shall be determined 228 annually by the governing board, in conjunction with the 229 sponsor, of the charter school in consideration of the factors 230 identified in this subsection and subsection (18) unless the 231 charter school is designated as a high-performing charter school 232 pursuant to s. 1002.331. A sponsor may not require a charter 233 school to waive the provisions of s. 1002.331 or require a 234 student enrollment cap that prohibits a high-performing charter 235 school from increasing enrollment in accordance with s. 236 1002.331(2) as a condition of approval or renewal of a charter. 237 (16)EXEMPTION FROM STATUTES. 238 (b)Additionally, a charter school shall be in compliance 239 with the following statutes: 240 1.Section 286.011, relating to public meetings and 241 records, public inspection, and criminal and civil penalties. 242 2.Chapter 119, relating to public records. 243 3.Section 1003.03, relating to the maximum class size, 244 except that the calculation for compliance pursuant to s. 245 1003.03 shall be the average at the school level. 246 4.Section 1012.22(1)(c), relating to compensation and 247 salary schedules. 248 5.Section 1012.33(5), relating to workforce reductions. 249 6.Section 1012.335, relating to contracts with 250 instructional personnel hired on or after July 1, 2011. 251 7.Section 1012.34, relating to the substantive 252 requirements for performance evaluations for instructional 253 personnel and school administrators. 254 8.Section 1006.12, relating to safe-school officers. 255 9.Section 1006.07(7), relating to threat management teams. 256 10.Section 1006.07(9), relating to School Environmental 257 Safety Incident Reporting. 258 11.Section 1006.07(10), relating to reporting of 259 involuntary examinations. 260 12.Section 1006.1493, relating to the Florida Safe Schools 261 Assessment Tool. 262 13.Section 1006.07(6)(d), relating to adopting an active 263 assailant response plan. 264 14.Section 943.082(4)(b), relating to the mobile 265 suspicious activity reporting tool. 266 15.Section 1012.584, relating to youth mental health 267 awareness and assistance training. 268 16.Section 1001.42(4)(f)2., relating to middle school and 269 high school start times. A charter school-in-the-workplace is 270 exempt from this requirement. 271 17.Section 1001.42(8)(c), relating to student welfare. 272 (18)FACILITIES. 273 (h)A charter school that is not implementing a school 274 improvement plan pursuant to paragraph (9)(n) or a corrective 275 action plan pursuant to s. 1002.345 may increase its student 276 enrollment to more than the capacity identified in the charter, 277 but student enrollment may not exceed the capacity of the 278 facility at the time the enrollment increase will take effect. 279 Facility capacity for purposes of expansion must include any 280 improvements to an existing facility or any new facility in 281 which the students of the charter school will enroll. A charter 282 school must notify its sponsor in writing by March 1 if it 283 intends to increase enrollment for the following school year. 284 The written notice must specify the amount of the enrollment 285 increase. 286 (20)SERVICES. 287 (a)1.A sponsor shall provide certain administrative and 288 educational services to charter schools. These services shall 289 include contract management services; full-time equivalent and 290 data reporting services; exceptional student education 291 administration services; services related to eligibility and 292 reporting duties required to ensure that school lunch services 293 under the National School Lunch Program, consistent with the 294 needs of the charter school, are provided by the sponsor at the 295 request of the charter school, that any funds due to the charter 296 school under the National School Lunch Program be paid to the 297 charter school as soon as the charter school begins serving food 298 under the National School Lunch Program, and that the charter 299 school is paid at the same time and in the same manner under the 300 National School Lunch Program as other public schools serviced 301 by the sponsor or the school district; test administration 302 services, including payment of the costs of state-required or 303 district-required student assessments; processing of teacher 304 certificate data services; and information services, including 305 equal access to the sponsors student information systems that 306 are used by public schools in the district in which the charter 307 school is located or by schools in the sponsors portfolio of 308 charter schools if the sponsor is not a school district. Access 309 to the sponsors student information system must be provided to 310 the charter school and its contractor, unless prohibited by 311 general or federal law. Student performance data for each 312 student in a charter school, including, but not limited to, 313 statewide FCAT scores, standardized test scores, coordinated 314 screening and progress monitoring student results, previous 315 public school student report cards, and student performance 316 measures, shall be provided by the sponsor to a charter school 317 in the same manner provided to other public schools in the 318 district or by schools in the sponsors portfolio of charter 319 schools if the sponsor is not a school district. The department 320 shall provide student performance data to a charter school and 321 its contractor, unless prohibited by general or federal law. 322 2.A sponsor shall provide training to charter schools on 323 systems the sponsor will require the charter school to use. 324 3.A sponsor may withhold an administrative fee for the 325 provision of such services which shall be a percentage of the 326 available funds defined in paragraph (17)(b) calculated based on 327 weighted full-time equivalent students. If the charter school 328 serves 75 percent or more exceptional education students as 329 defined in s. 1003.01(9), the percentage shall be calculated 330 based on unweighted full-time equivalent students. The 331 administrative fee shall be calculated as follows: 332 a.Up to 5 percent for: 333 (I)Enrollment of up to and including 250 students in a 334 charter school as defined in this section. 335 (II)Enrollment of up to and including 500 students within 336 a charter school system which meets all of the following: 337 (A)Includes conversion charter schools and nonconversion 338 charter schools. 339 (B)Has all of its schools located in the same county. 340 (C)Has a total enrollment exceeding the total enrollment 341 of at least one school district in this state. 342 (D)Has the same governing board for all of its schools. 343 (E)Does not contract with a for-profit service provider 344 for management of school operations. 345 (III)Enrollment of up to and including 250 students in a 346 virtual charter school. 347 b.Up to 2 percent for enrollment of up to and including 348 250 students in a high-performing charter school as defined in 349 s. 1002.331. 350 c.Up to 2 percent for enrollment of up to and including 351 250 students in an exceptional student education center that 352 meets the requirements of the rules adopted by the State Board 353 of Education pursuant to s. 1008.3415(3). 354 4.A sponsor may not charge charter schools any additional 355 fees or surcharges for administrative and educational services 356 in addition to the maximum percentage of administrative fees 357 withheld pursuant to this paragraph. A sponsor may not charge or 358 withhold any administrative fee against a charter school for any 359 funds specifically allocated by the Legislature for teacher 360 compensation. 361 5.A sponsor shall provide to the department by September 362 15 of each year the total amount of funding withheld from 363 charter schools pursuant to this subsection for the prior fiscal 364 year. The department must include the information in the report 365 required under sub-sub-subparagraph (5)(b)1.k.(III). 366 6.A sponsor shall annually provide a report to its charter 367 schools on what services are being rendered from the sponsors 368 portion of the administrative fee. The report must include the 369 listed services and be submitted to the department by September 370 15 of each year. 371 (26)STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE. 372 (d)A landlord of a charter school or his or her spouse or 373 an officer, director, or employee of an entity that is a 374 landlord of a charter school or his or her spouse may not be a 375 member of a governing board of a charter school unless the 376 charter school was established pursuant to paragraph (15)(c). 377 Section 2.Subsection (2) of section 1002.331, Florida 378 Statutes, is amended to read: 379 1002.331High-performing charter schools. 380 (2)A high-performing charter school is authorized to: 381 (a)Increase its student enrollment once per school year to 382 more than the capacity identified in the charter, but student 383 enrollment may not exceed the capacity of the facility at the 384 time the enrollment increase will take effect. Facility capacity 385 for purposes of expansion must shall include any improvements to 386 an existing facility or any new facility in which the students 387 of the high-performing charter school will enroll. 388 (b)Expand grade levels within kindergarten through grade 389 12 to add grade levels not already served if any annual 390 enrollment increase resulting from grade level expansion is 391 within the limit established in paragraph (a). 392 (c)Submit a quarterly, rather than a monthly, financial 393 statement to the sponsor pursuant to s. 1002.33(9)(g). 394 (d)Consolidate under a single charter the charters of 395 multiple high-performing charter schools operated in the same 396 school district by the charter schools governing board 397 regardless of the renewal cycle. 398 (e)Receive a modification of its charter to a term of 15 399 years or a 15-year charter renewal. The charter may be modified 400 or renewed for a shorter term at the option of the high 401 performing charter school. The charter must be consistent with 402 s. 1002.33(7)(a)19. and (10)(h) and (i), is subject to annual 403 review by the sponsor, and may be terminated during its term 404 pursuant to s. 1002.33(8). 405 (f)Assume the charter of an existing charter school within 406 the same school district in which it operates. Any request to 407 assume a charter must be initiated by a school in a written 408 format to the high-performing charter school. 409 410 A high-performing charter school shall notify its sponsor in 411 writing by March 1 if it intends to increase enrollment or 412 expand grade levels the following school year. The written 413 notice shall specify the amount of the enrollment increase and 414 the grade levels that will be added, as applicable. If a charter 415 school notifies the sponsor of its intent to expand, the sponsor 416 shall modify the charter within 90 days to include the new 417 enrollment maximum and may not make any other changes. The 418 sponsor may deny a request to increase the enrollment of a high 419 performing charter school if the commissioner has declassified 420 the charter school as high-performing. If a high-performing 421 charter school requests to consolidate multiple charters or to 422 assume an existing charter, the sponsor has shall have 40 days 423 after receipt of that request to provide an initial draft 424 charter to the charter school. The sponsor and charter school 425 shall have 50 days thereafter to negotiate and notice the 426 charter contract for final approval by the sponsor. 427 Section 3.This act shall take effect July 1, 2025.