Bill Text: FL S0808 | 2016 | Regular Session | Introduced
Bill Title: Charter Schools
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-03-11 - Died in Community Affairs [S0808 Detail]
Download: Florida-2016-S0808-Introduced.html
Florida Senate - 2016 SB 808 By Senator Brandes 22-00854B-16 2016808__ 1 A bill to be entitled 2 An act relating to charter schools; amending s. 3 1002.33, F.S.; authorizing a municipal governing 4 authority to become a charter school sponsor in the 5 municipality over which the municipal governing 6 authority has jurisdiction; providing that certain 7 long-term charters are subject to the approval of the 8 municipal governing authority; requiring a municipal 9 governing authority to make timely and efficient 10 payment and reimbursement to charter schools; 11 authorizing a municipal governing authority to 12 distribute funds to a charter school for a specified 13 period of time under certain circumstances; amending 14 s. 1002.331, F.S.; deleting a provision that prohibits 15 high-performing charter schools from establishing more 16 than one charter school in any given year; providing 17 an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Paragraph (a) of subsection (5), paragraph (a) 22 of subsection (7), subsection (14), paragraph (c) of subsection 23 (15), paragraph (e) of subsection (17), and subsection (25) of 24 section 1002.33, Florida Statutes, are amended to read: 25 1002.33 Charter schools.— 26 (5) SPONSOR; DUTIES.— 27 (a) Sponsoring entities.— 28 1. A district school board or a municipal governing 29 authority may sponsor a charter school in the county or the 30 municipality over which the district school board or the 31 municipal governing authority has jurisdiction. 32 2. A state university may grant a charter to a lab school 33 created under s. 1002.32 and shall be considered to be the 34 school’s sponsor. Such school shall be considered a charter lab 35 school. 36 (7) CHARTER.—The major issues involving the operation of a 37 charter school shall be considered in advance and written into 38 the charter. The charter shall be signed by the governing board 39 of the charter school and the sponsor, following a public 40 hearing to ensure community input. 41 (a) The charter shall address and criteria for approval of 42 the charter shall be based on: 43 1. The school’s mission, the students to be served, and the 44 ages and grades to be included. 45 2. The focus of the curriculum, the instructional methods 46 to be used, any distinctive instructional techniques to be 47 employed, and identification and acquisition of appropriate 48 technologies needed to improve educational and administrative 49 performance which include a means for promoting safe, ethical, 50 and appropriate uses of technology which comply with legal and 51 professional standards. 52 a. The charter shall ensure that reading is a primary focus 53 of the curriculum and that resources are provided to identify 54 and provide specialized instruction for students who are reading 55 below grade level. The curriculum and instructional strategies 56 for reading must be consistent with the Next Generation Sunshine 57 State Standards and grounded in scientifically based reading 58 research. 59 b. In order to provide students with access to diverse 60 instructional delivery models, to facilitate the integration of 61 technology within traditional classroom instruction, and to 62 provide students with the skills they need to compete in the 63 21st century economy, the Legislature encourages instructional 64 methods for blended learning courses consisting of both 65 traditional classroom and online instructional techniques. 66 Charter schools may implement blended learning courses which 67 combine traditional classroom instruction and virtual 68 instruction. Students in a blended learning course must be full 69 time students of the charter school and receive the online 70 instruction in a classroom setting at the charter school. 71 Instructional personnel certified pursuant to s. 1012.55 who 72 provide virtual instruction for blended learning courses may be 73 employees of the charter school or may be under contract to 74 provide instructional services to charter school students. At a 75 minimum, such instructional personnel must hold an active state 76 or school district adjunct certification under s. 1012.57 for 77 the subject area of the blended learning course. The funding and 78 performance accountability requirements for blended learning 79 courses are the same as those for traditional courses. 80 3. The current incoming baseline standard of student 81 academic achievement, the outcomes to be achieved, and the 82 method of measurement that will be used. The criteria listed in 83 this subparagraph shall include a detailed description of: 84 a. How the baseline student academic achievement levels and 85 prior rates of academic progress will be established. 86 b. How these baseline rates will be compared to rates of 87 academic progress achieved by these same students while 88 attending the charter school. 89 c. To the extent possible, how these rates of progress will 90 be evaluated and compared with rates of progress of other 91 closely comparable student populations. 92 93 The district school board is required to provide academic 94 student performance data to charter schools for each of their 95 students coming from the district school system, as well as 96 rates of academic progress of comparable student populations in 97 the district school system. 98 4. The methods used to identify the educational strengths 99 and needs of students and how well educational goals and 100 performance standards are met by students attending the charter 101 school. The methods shall provide a means for the charter school 102 to ensure accountability to its constituents by analyzing 103 student performance data and by evaluating the effectiveness and 104 efficiency of its major educational programs. Students in 105 charter schools shall, at a minimum, participate in the 106 statewide assessment program created under s. 1008.22. 107 5. In secondary charter schools, a method for determining 108 that a student has satisfied the requirements for graduation in 109 s. 1002.3105(5), s. 1003.4281, or s. 1003.4282. 110 6. A method for resolving conflicts between the governing 111 board of the charter school and the sponsor. 112 7. The admissions procedures and dismissal procedures, 113 including the school’s code of student conduct. 114 8. The ways by which the school will achieve a 115 racial/ethnic balance reflective of the community it serves or 116 within the racial/ethnic range of other public schools in the 117 same school district. 118 9. The financial and administrative management of the 119 school, including a reasonable demonstration of the professional 120 experience or competence of those individuals or organizations 121 applying to operate the charter school or those hired or 122 retained to perform such professional services and the 123 description of clearly delineated responsibilities and the 124 policies and practices needed to effectively manage the charter 125 school. A description of internal audit procedures and 126 establishment of controls to ensure that financial resources are 127 properly managed must be included. Both public sector and 128 private sector professional experience shall be equally valid in 129 such a consideration. 130 10. The asset and liability projections required in the 131 application which are incorporated into the charter and shall be 132 compared with information provided in the annual report of the 133 charter school. 134 11. A description of procedures that identify various risks 135 and provide for a comprehensive approach to reduce the impact of 136 losses; plans to ensure the safety and security of students and 137 staff; plans to identify, minimize, and protect others from 138 violent or disruptive student behavior; and the manner in which 139 the school will be insured, including whether or not the school 140 will be required to have liability insurance, and, if so, the 141 terms and conditions thereof and the amounts of coverage. 142 12. The term of the charter which shall provide for 143 cancellation of the charter if insufficient progress has been 144 made in attaining the student achievement objectives of the 145 charter and if it is not likely that such objectives can be 146 achieved before expiration of the charter. The initial term of a 147 charter shall be for 4 or 5 years. In order to facilitate access 148 to long-term financial resources for charter school 149 construction, charter schools that are operated by a 150 municipality or other public entity as provided by law are 151 eligible for up to a 15-year charter, subject to approval by the 152 district school board or the municipal governing authority. A 153 charter lab school is eligible for a charter for a term of up to 154 15 years. In addition, to facilitate access to long-term 155 financial resources for charter school construction, charter 156 schools that are operated by a private, not-for-profit, s. 157 501(c)(3) status corporation are eligible for up to a 15-year 158 charter, subject to approval by the district school board or the 159 municipal governing authority. Such long-term charters remain 160 subject to annual review and may be terminated during the term 161 of the charter, but only according to the provisions set forth 162 in subsection (8). 163 13. The facilities to be used and their location. The 164 sponsor may not require a charter school to have a certificate 165 of occupancy or a temporary certificate of occupancy for such a 166 facility earlier than 15 calendar days before the first day of 167 school. 168 14. The qualifications to be required of the teachers and 169 the potential strategies used to recruit, hire, train, and 170 retain qualified staff to achieve best value. 171 15. The governance structure of the school, including the 172 status of the charter school as a public or private employer as 173 required in paragraph (12)(i). 174 16. A timetable for implementing the charter which 175 addresses the implementation of each element thereof and the 176 date by which the charter shall be awarded in order to meet this 177 timetable. 178 17. In the case of an existing public school that is being 179 converted to charter status, alternative arrangements for 180 current students who choose not to attend the charter school and 181 for current teachers who choose not to teach in the charter 182 school after conversion in accordance with the existing 183 collective bargaining agreement or district school board rule in 184 the absence of a collective bargaining agreement. However, 185 alternative arrangements shall not be required for current 186 teachers who choose not to teach in a charter lab school, except 187 as authorized by the employment policies of the state university 188 which grants the charter to the lab school. 189 18. Full disclosure of the identity of all relatives 190 employed by the charter school who are related to the charter 191 school owner, president, chairperson of the governing board of 192 directors, superintendent, governing board member, principal, 193 assistant principal, or any other person employed by the charter 194 school who has equivalent decisionmaking authority. For the 195 purpose of this subparagraph, the term “relative” means father, 196 mother, son, daughter, brother, sister, uncle, aunt, first 197 cousin, nephew, niece, husband, wife, father-in-law, mother-in 198 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, 199 stepfather, stepmother, stepson, stepdaughter, stepbrother, 200 stepsister, half brother, or half sister. 201 19. Implementation of the activities authorized under s. 202 1002.331 by the charter school when it satisfies the eligibility 203 requirements for a high-performing charter school. A high 204 performing charter school shall notify its sponsor in writing by 205 March 1 if it intends to increase enrollment or expand grade 206 levels the following school year. The written notice shall 207 specify the amount of the enrollment increase and the grade 208 levels that will be added, as applicable. 209 (14) CHARTER SCHOOL FINANCIAL ARRANGEMENTS; INDEMNIFICATION 210 OF THE STATE AND SCHOOL DISTRICT; CREDIT OR TAXING POWER NOT TO 211 BE PLEDGED.—Any arrangement entered into to borrow or otherwise 212 secure funds for a charter school authorized in this section 213 from a source other than the state or a school district shall 214 indemnify the state and the school district from any and all 215 liability, including, but not limited to, financial 216 responsibility for the payment of the principal or interest. Any 217 loans, bonds, or other financial agreements are not obligations 218 of the state or the school district but are obligations of the 219 charter school authority and are payable solely from the sources 220 of funds pledged by such agreement. The credit or taxing power 221 of the state or the school district shall not be pledged and no 222 debts shall be payable out of any moneys except those of the 223 legal entity in possession of a valid charter approved by a 224 district school board or a municipal governing authority 225 pursuant to this section. 226 (15) CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER SCHOOLS-IN 227 A-MUNICIPALITY.— 228 (c) A charter school-in-a-municipality designation may be 229 granted to a municipality that possesses a charter; enrolls 230 students based upon a random lottery that involves all of the 231 children of the residents of that municipality who are seeking 232 enrollment, as provided for in subsection (10); and enrolls 233 students according to the racial/ethnic balance provisions 234 described in subparagraph (7)(a)8. When a municipality has 235 submitted charter applications for the establishment of a 236 charter school feeder pattern, consisting of elementary, middle, 237 and senior high schools, and each individual charter application 238 is approved by the district school board or the municipal 239 governing authority, such schools shall then be designated as 240 one charter school for all purposes listed pursuant to this 241 section. Any portion of the land and facility used for a public 242 charter school shall be exempt from ad valorem taxes, as 243 provided for in s. 1013.54, for the duration of its use as a 244 public school. 245 (17) FUNDING.—Students enrolled in a charter school, 246 regardless of the sponsorship, shall be funded as if they are in 247 a basic program or a special program, the same as students 248 enrolled in other public schools in the school district. Funding 249 for a charter lab school shall be as provided in s. 1002.32. 250 (e) District school boards and municipal governing 251 authorities shall make timely and efficient payment and 252 reimbursement to charter schools, including processing paperwork 253 required to access special state and federal funding for which 254 they may be eligible. The district school board or the municipal 255 governing authority may distribute funds to a charter school for 256 up to 3 months based on the projected full-time equivalent 257 student membership of the charter school. Thereafter, the 258 results of full-time equivalent student membership surveys shall 259 be used in adjusting the amount of funds distributed monthly to 260 the charter school for the remainder of the fiscal year. The 261 payment shall be issued no later than 10 working days after the 262 district school board or the municipal governing authority 263 receives a distribution of state or federal funds. If a warrant 264 for payment is not issued within 10 working days after receipt 265 of funding by the district school board or the municipal 266 governing authority, the school district or the municipality 267 shall pay to the charter school, in addition to the amount of 268 the scheduled disbursement, interest at a rate of 1 percent per 269 month calculated on a daily basis on the unpaid balance from the 270 expiration of the 10 working days until such time as the warrant 271 is issued. 272 (25) LOCAL EDUCATIONAL AGENCY STATUS FOR CERTAIN CHARTER 273 SCHOOL SYSTEMS.—A charter school system’s governing board shall 274 be designated a local educational agency for the purpose of 275 receiving federal funds, the same as though the charter school 276 system were a school district, if the governing board of the 277 charter school system has adopted and filed a resolution with 278 its sponsoring district school board or municipal governing 279 authority and the Department of Education in which the governing 280 board of the charter school system accepts the full 281 responsibility for all local education agency requirements and 282 the charter school system meets all of the following: 283 (a) Includes both conversion charter schools and 284 nonconversion charter schools; 285 (b) Has all schools located in the same county; 286 (c) Has a total enrollment exceeding the total enrollment 287 of at least one school district in the state; 288 (d) Has the same governing board; and 289 (e) Does not contract with a for-profit service provider 290 for management of school operations. 291 292 Such designation does not apply to other provisions unless 293 specifically provided in law. 294 Section 2. Subsection (3) of section 1002.331, Florida 295 Statutes, is amended to read: 296 1002.331 High-performing charter schools.— 297 (3)(a)A high-performing charter school may submit an 298 application pursuant to s. 1002.33(6) in any school district in 299 the state to establish and operate a new charter school that 300 will substantially replicate its educational program. An 301 application submitted by a high-performing charter school must 302 state that the application is being submitted pursuant to this 303 subsectionparagraphand must include the verification letter 304 provided by the Commissioner of Education pursuant to subsection 305 (5). If the sponsor fails to act on the application within 60 306 days after receipt, the application is deemed approved and the 307 procedure in s. 1002.33(6)(h) applies. If the sponsor denies the 308 application, the high-performing charter school may appeal 309 pursuant to s. 1002.33(6). 310(b) A high-performing charter school may not establish more311than one charter school within the state under paragraph (a) in312any year. A subsequent application to establish a charter school313under paragraph (a) may not be submitted unless each charter314school established in this manner achieves high-performing315charter school status.316 Section 3. This act shall take effect July 1, 2016.