Bill Text: FL S1362 | 2017 | Regular Session | Comm Sub
Bill Title: K-12 Education
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2017-05-05 - Died on Calendar, companion bill(s) passed, see CS/HB 7069 (Ch. 2017-116) [S1362 Detail]
Download: Florida-2017-S1362-Comm_Sub.html
Florida Senate - 2017 CS for CS for SB 1362 By the Committees on Appropriations; and Education; and Senators Broxson and Stargel 576-04746-17 20171362c2 1 A bill to be entitled 2 An act relating to K-12 education; amending s. 3 1002.33, F.S.; revising the charter school application 4 process; revising the appeals process for a denied 5 charter school application; requiring the use of the 6 standard charter contract by specified entities; 7 revising eligibility requirements for charter school 8 students enrolled in blended learning courses; 9 authorizing a charter school to be exempt from 10 provisions relating to controlled open enrollment 11 under certain circumstances; clarifying provisions 12 relating to charter schools and tort liability; 13 revising the purpose of charter school cooperatives; 14 authorizing the use of unrestricted net assets and 15 certain unrestricted surplus for specified charter 16 schools; requiring such funds to be used in accordance 17 with specified provisions; authorizing certain 18 entities to share facilities with charter schools 19 without additional approval; revising the 20 administrative fees that a district may withhold from 21 charter schools; requiring charter schools to complete 22 and submit an annual survey; revising the public 23 information disclosures of charter schools; deleting a 24 requirement that the Department of Education compare 25 certain data; revising eligibility criteria for 26 designated local educational agency status; 27 authorizing the governing board of a charter school 28 system to be designated a local educational agency for 29 certain schools; amending s. 1002.3305, F.S.; revising 30 the definition for the term “eligible student” for 31 purposes of the College-preparatory Boarding Academy 32 Pilot Program; amending s. 1002.331, F.S.; conforming 33 provisions to changes made by the act; authorizing a 34 high-performing charter school to establish more than 35 one charter school in any year under certain 36 circumstances; amending s. 1002.332, F.S.; authorizing 37 a high-performing charter school system to replicate 38 its schools in any school district and providing 39 application requirements therefor; amending s. 40 1003.498, F.S.; revising eligibility requirements for 41 students enrolled in blended learning courses; 42 amending s. 1007.35, F.S.; revising the name of an ACT 43 assessment for specified purposes; amending s. 44 1008.34, F.S.; revising the student performance data 45 to be included in school grades; amending s. 1008.341, 46 F.S.; including concordant scores in the calculation 47 of an alternative school’s school improvement rating; 48 amending s. 1011.62, F.S.; revising eligibility 49 criteria for postsecondary institutions to participate 50 in the dual enrollment and early admission programs; 51 amending s. 1011.69, F.S.; requiring school districts 52 to provide specified funds directly to schools 53 eligible to receive Title I funds; providing a 54 definition; authorizing school districts to withhold 55 certain funds for specified purposes; authorizing 56 eligible schools to use funds to participate in 57 certain services; providing an effective date. 58 59 Be It Enacted by the Legislature of the State of Florida: 60 61 Section 1. Subsection (1), paragraphs (a), (b), (c), and 62 (h) of subsection (6), subsection (7), paragraph (b) of 63 subsection (8), paragraph (a) of subsection (10), paragraph (h) 64 of subsection (12), subsection (13), paragraphs (b) and (c) of 65 subsection (17), paragraph (c) of subsection (18), subsection 66 (20), paragraphs (a) and (b) of subsection (21), and subsections 67 (25) and (28) of section 1002.33, Florida Statutes, are amended 68 to read: 69 1002.33 Charter schools.— 70 (1) AUTHORIZATION.—Charter schools shall be part of the71state’s program of public education.All charter schools in 72 Florida are public schools and shall be part of the state’s 73 program of public education. A charter school may be formed by 74 creating a new school or converting an existing public school to 75 charter status. A charter school may operate a virtual charter 76 school pursuant to s. 1002.45(1)(d) to provide full-time online 77 instruction to eligible students, pursuant to s. 1002.455, in 78 kindergarten through grade 12. An existing charter school that 79 is seeking to become a virtual charter school must amend its 80 charter or submit a new application pursuant to subsection (6) 81 to become a virtual charter school. A virtual charter school is 82 subject to the requirements of this section; however, a virtual 83 charter school is exempt from subsections (18) and (19), 84subparagraphs (20)(a)2., 4., 5., and 7.,paragraph (20)(c), and 85 s. 1003.03. A public school may not use the term charter in its 86 name unless it has been approved under this section. 87 (6) APPLICATION PROCESS AND REVIEW.—Charter school 88 applications are subject to the following requirements: 89 (a) A person or entity seeking to open a charter school 90 shall prepare and submit an application on the standarda model91 application form prepared by the Department of Education which: 92 1. Demonstrates how the school will use the guiding 93 principles and meet the statutorily defined purpose of a charter 94 school. 95 2. Provides a detailed curriculum plan that illustrates how 96 students will be provided services to attain the Sunshine State 97 Standards. 98 3. Contains goals and objectives for improving student 99 learning and measuring that improvement. These goals and 100 objectives must indicate how much academic improvement students 101 are expected to show each year, how success will be evaluated, 102 and the specific results to be attained through instruction. 103 4. Describes the reading curriculum and differentiated 104 strategies that will be used for students reading at grade level 105 or higher and a separate curriculum and strategies for students 106 who are reading below grade level. A sponsor shall deny an 107 application if the school does not propose a reading curriculum 108 that is consistent with effective teaching strategies that are 109 grounded in scientifically based reading research. 110 5. Contains an annual financial plan for each year 111 requested by the charter for operation of the school for up to 5 112 years. This plan must contain anticipated fund balances based on 113 revenue projections, a spending plan based on projected revenues 114 and expenses, and a description of controls that will safeguard 115 finances and projected enrollment trends. 116 6. Discloses the name of each applicant, governing board 117 member, and all proposed education services providers; the name 118 and sponsor of any charter school operated by each applicant, 119 each governing board member, and each proposed education 120 services provider that has closed and the reasons for the 121 closure; and the academic and financial history of such charter 122 schools, which the sponsor shall consider in deciding whether to 123 approve or deny the application. 124 7. Contains additional information a sponsor may require, 125 which shall be attached as an addendum to the charter school 126 application described in this paragraph. 127 8. For the establishment of a virtual charter school, 128 documents that the applicant has contracted with a provider of 129 virtual instruction services pursuant to s. 1002.45(1)(d). 130 (b) A sponsor shall receive and review all applications for 131 a charter school using the evaluation instrument developed by 132 the Department of Education. A sponsor shall receive and 133 consider charter school applications received on or before 134 August 1 of each calendar year for charter schools to be opened 135 at the beginning of the school district’s next school year, or 136 to be opened at a time agreed to by the applicant and the 137 sponsor. A sponsor may not refuse to receive a charter school 138 application submitted before August 1 and may receive an 139 application submitted later than August 1 if it chooses. 140 Beginning in 2018 and thereafter, a sponsor shall receive and 141 consider charter school applications received on or before 142 February 1 of each calendar year for charter schools to be 143 opened 18 months later at the beginning of the school district’s 144 school year, or to be opened at a time agreed to by the 145 applicant and the sponsor. A sponsor may not refuse to receive a 146 charter school application submitted before February 1 and may 147 receive an application submitted later than February 1 if it 148 chooses.In order to facilitate greater collaboration in the149application process, an applicant may submit a draft charter150school application on or before May 1 with an application fee of151$500. If a draft application is timely submitted, the sponsor152shall review and provide feedback as to material deficiencies in153the application by July 1. The applicant shall then have until154August 1 to resubmit a revised and final application. The155sponsor may approve the draft application. Except as provided156for a draft application,A sponsor may not charge an applicant 157 for a charter any fee for the processing or consideration of an 158 application, and a sponsor may not base its consideration or 159 approval of a final application upon the promise of future 160 payment of any kind. Before approving or denying anyfinal161 application, the sponsor shall allow the applicant, upon receipt 162 of written notification, at least 7 calendar days to make 163 technical or nonsubstantive corrections and clarifications, 164 including, but not limited to, corrections of grammatical, 165 typographical, and like errors or missing signatures, if such 166 errors are identified by the sponsor as cause to deny the final 167 application. 168 1. In order to facilitate an accurate budget projection 169 process, a sponsor shall be held harmless for FTE students who 170 are not included in the FTE projection due to approval of 171 charter school applications after the FTE projection deadline. 172 In a further effort to facilitate an accurate budget projection, 173 within 15 calendar days after receipt of a charter school 174 application, a sponsor shall report to the Department of 175 Education the name of the applicant entity, the proposed charter 176 school location, and its projected FTE. 177 2. In order to ensure fiscal responsibility, an application 178 for a charter school shall include a full accounting of expected 179 assets, a projection of expected sources and amounts of income, 180 including income derived from projected student enrollments and 181 from community support, and an expense projection that includes 182 full accounting of the costs of operation, including start-up 183 costs. 184 3.a. A sponsor shall by a majority vote approve or deny an 185 application no later than 9060calendar days after the 186 application is received, unless the sponsor and the applicant 187 mutually agree in writing to temporarily postpone the vote to a 188 specific date, at which time the sponsor shall by a majority 189 vote approve or deny the application. If the sponsor fails to 190 act on the application, an applicant may appeal to the State 191 Board of Education as provided in paragraph (c). If an 192 application is denied, the sponsor shall, within 10 calendar 193 days after such denial, articulate in writing the specific 194 reasons, based upon good cause, supporting its denial of the 195 application and shall provide the letter of denial and 196 supporting documentation to the applicant and to the Department 197 of Education. 198 b. An application submitted by a high-performing charter 199 school identified pursuant to s. 1002.331 or a high-performing 200 charter school system identified pursuant to s. 1002.332 may be 201 denied by the sponsor only if the sponsor demonstrates by clear 202 and convincing evidence that: 203 (I) The application does not materially comply with the 204 requirements in paragraph (a); 205 (II) The charter school proposed in the application does 206 not materially comply with the requirements in paragraphs 207 (9)(a)-(f); 208 (III) The proposed charter school’s educational program 209 does not substantially replicate that of the applicant or one of 210 the applicant’s high-performing charter schools; 211 (IV) The applicant has made a material misrepresentation or 212 false statement or concealed an essential or material fact 213 during the application process; or 214 (V) The proposed charter school’s educational program and 215 financial management practices do not materially comply with the 216 requirements of this section. 217 218 Material noncompliance is a failure to follow requirements or a 219 violation of prohibitions applicable to charter school 220 applications, which failure is quantitatively or qualitatively 221 significant either individually or when aggregated with other 222 noncompliance. An applicant is considered to be replicating a 223 high-performing charter school if the proposed school is 224 substantially similar to at least one of the applicant’s high 225 performing charter schools and the organization or individuals 226 involved in the establishment and operation of the proposed 227 school are significantly involved in the operation of replicated 228 schools. 229 c. If the sponsor denies an application submitted by a 230 high-performing charter school or a high-performing charter 231 school system, the sponsor must, within 10 calendar days after 232 such denial, state in writing the specific reasons, based upon 233 the criteria in sub-subparagraph b., supporting its denial of 234 the application and must provide the letter of denial and 235 supporting documentation to the applicant and to the Department 236 of Education. The applicant may appeal the sponsor’s denial of 237 the application in accordance withdirectly to the State Board238of Education and, if an appeal is filed, must provide a copy of239the appeal to the sponsor pursuant toparagraph (c). 240 4. For budget projection purposes, the sponsor shall report 241 to the Department of Education the approval or denial of an 242 application within 10 calendar days after such approval or 243 denial. In the event of approval, the report to the Department 244 of Education shall include the final projected FTE for the 245 approved charter school. 246 5. Upon approval of an application, the initial startup 247 shall commence with the beginning of the public school calendar 248 for the district in which the charter is granted. A charter 249 school may defer the opening of the school’s operations for up 250 to 2 years to provide time for adequate facility planning. The 251 charter school must provide written notice of such intent to the 252 sponsor and the parents of enrolled students at least 30 253 calendar days before the first day of school. 254 (c)1. An applicant may appeal any denial of that 255 applicant’s application or failure to act on an application to 256 the State Board of Education no later than 30 calendar days 257 after receipt of the sponsor’s decision or failure to act and 258 shall notify the sponsor of its appeal. Any response of the 259 sponsor shall be submitted to the State Board of Education 260 within 30 calendar days after notification of the appeal. Upon 261 receipt of notification from the State Board of Education that a 262 charter school applicant is filing an appeal, the Commissioner 263 of Education shall convene a meeting of the Charter School 264 Appeal Commission to study and make recommendations to the State 265 Board of Education regarding its pending decision about the 266 appeal. The commission shall forward its recommendation to the 267 state board at least 7 calendar days before the date on which 268 the appeal is to be heard.An appeal regarding the denial of an269application submitted by a high-performing charter school270pursuant to s. 1002.331 shall be conducted by the State Board of271Education in accordance with this paragraph, except that the272commission shall not convene to make recommendations regarding273the appeal. However, the Commissioner of Education shall review274the appeal and make a recommendation to the state board.275 2. The Charter School Appeal Commissionor, in the case of276an appeal regarding an application submitted by a high277performing charter school, the State Board of Educationmay 278 reject an appeal submission for failure to comply with 279 procedural rules governing the appeals process. The rejection 280 shall describe the submission errors. The appellant shall have 281 15 calendar days after notice of rejection in which to resubmit 282 an appeal that meets the requirements set forth in State Board 283 of Education rule. An appeal submitted subsequent to such 284 rejection is considered timely if the original appeal was filed 285 within 30 calendar days after receipt of notice of the specific 286 reasons for the sponsor’s denial of the charter application. 287 3.a. The State Board of Education shall by majority vote 288 accept or reject the decision of the sponsor no later than 90 289 calendar days after an appeal is filed in accordance with State 290 Board of Education rule. The State Board of Education shall 291 remand the application to the sponsor with its written decision 292 that the sponsor approve or deny the application. The sponsor 293 shall implement the decision of the State Board of Education. 294 The decision of the State Board of Education is not subject to 295 the provisions of the Administrative Procedure Act, chapter 120. 296 b. If an appeal concerns an application submitted by a 297 high-performing charter school identified pursuant to s. 298 1002.331 or a high-performing charter school system identified 299 pursuant to s. 1002.332, the State Board of Education shall 300 determine whether the sponsor’s denial was in accordance with 301 sub-subparagraph (b)3.b.sponsor has shown, by clear and302convincing evidence, that:303(I)The application does not materially comply with the304requirements in paragraph (a);305(II)The charter school proposed in the application does306not materially comply with the requirements in paragraphs307(9)(a)-(f);308(III)The proposed charter school’s educational program309does not substantially replicate that of the applicant or one of310the applicant’s high-performing charter schools;311(IV)The applicant has made a material misrepresentation or312false statement or concealed an essential or material fact313during the application process; or314(V)The proposed charter school’s educational program and315financial management practices do not materially comply with the316requirements of this section.317 318The State Board of Education shall approve or reject the319sponsor’s denial of an application no later than 90 calendar320days after an appeal is filed in accordance with State Board of321Education rule. The State Board of Education shall remand the322application to the sponsor with its written decision that the323sponsor approve or deny the application. The sponsor shall324implement the decision of the State Board of Education. The325decision of the State Board of Education is not subject to the326Administrative Procedure Act, chapter 120.327(h)The terms and conditions for the operation of a charter328school shall be set forth by the sponsor and the applicant in a329written contractual agreement, called a charter. The sponsor may330not impose unreasonable rules or regulations that violate the331intent of giving charter schools greater flexibility to meet332educational goals. The sponsor has 30 days after approval of the333application to provide an initial proposed charter contract to334the charter school. The applicant and the sponsor have 40 days335thereafter to negotiate and notice the charter contract for336final approval by the sponsor unless both parties agree to an337extension. The proposed charter contract shall be provided to338the charter school at least 7 calendar days prior to the date of339the meeting at which the charter is scheduled to be voted upon340by the sponsor. The Department of Education shall provide341mediation services for any dispute regarding this section342subsequent to the approval of a charter application and for any343dispute relating to the approved charter, except disputes344regarding charter school application denials. If the345Commissioner of Education determines that the dispute cannot be346settled through mediation, the dispute may be appealed to an347administrative law judge appointed by the Division of348Administrative Hearings. The administrative law judge has final349order authority to rule on issues of equitable treatment of the350charter school as a public school, whether proposed provisions351of the charter violate the intended flexibility granted charter352schools by statute, or on any other matter regarding this353section except a charter school application denial, a charter354termination, or a charter nonrenewal and shall award the355prevailing party reasonable attorney’s fees and costs incurred356to be paid by the losing party. The costs of the administrative357hearing shall be paid by the party whom the administrative law358judge rules against.359 (7) CHARTER.—The terms and conditions for the operation of 360 a charter school shall be set forth by the sponsor and the 361 applicant in a written contractual agreement, called a charter. 362 The sponsor and the governing board of the charter school shall 363 use the standard charter contract pursuant to subsection (21), 364 which shall incorporate the approved application and any addenda 365 approved with the application. Any term or condition of a 366 proposed charter contract that differs from the standard charter 367 contract adopted by rule of the State Board of Education shall 368 be presumed a limitation on charter school flexibility. The 369 sponsor may not impose unreasonable rules or regulations that 370 violate the intent of giving charter schools greater flexibility 371 to meet educational goalsThe major issues involving the372operation of a charter school shall be considered in advance and373written into the charter. The charter shall be signed by the 374 governing board of the charter school and the sponsor, following 375 a public hearing to ensure community input. 376 (a) The charter shall address and criteria for approval of 377 the charter shall be based on: 378 1. The school’s mission, the students to be served, and the 379 ages and grades to be included. 380 2. The focus of the curriculum, the instructional methods 381 to be used, any distinctive instructional techniques to be 382 employed, and identification and acquisition of appropriate 383 technologies needed to improve educational and administrative 384 performance which include a means for promoting safe, ethical, 385 and appropriate uses of technology which comply with legal and 386 professional standards. 387 a. The charter shall ensure that reading is a primary focus 388 of the curriculum and that resources are provided to identify 389 and provide specialized instruction for students who are reading 390 below grade level. The curriculum and instructional strategies 391 for reading must be consistent with the Next Generation Sunshine 392 State Standards and grounded in scientifically based reading 393 research. 394 b. In order to provide students with access to diverse 395 instructional delivery models, to facilitate the integration of 396 technology within traditional classroom instruction, and to 397 provide students with the skills they need to compete in the 398 21st century economy, the Legislature encourages instructional 399 methods for blended learning courses consisting of both 400 traditional classroom and online instructional techniques. 401 Charter schools may implement blended learning courses which 402 combine traditional classroom instruction and virtual 403 instruction. Students in a blended learning course must be full- 404 time students of the charter school pursuant to s. 405 1011.61(1)(a)1.and receive the online instruction in a406classroom setting at the charter school.Instructional personnel 407 certified pursuant to s. 1012.55 who provide virtual instruction 408 for blended learning courses may be employees of the charter 409 school or may be under contract to provide instructional 410 services to charter school students. At a minimum, such 411 instructional personnel must hold an active state or school 412 district adjunct certification under s. 1012.57 for the subject 413 area of the blended learning course. The funding and performance 414 accountability requirements for blended learning courses are the 415 same as those for traditional courses. 416 3. The current incoming baseline standard of student 417 academic achievement, the outcomes to be achieved, and the 418 method of measurement that will be used. The criteria listed in 419 this subparagraph shall include a detailed description of: 420 a. How the baseline student academic achievement levels and 421 prior rates of academic progress will be established. 422 b. How these baseline rates will be compared to rates of 423 academic progress achieved by these same students while 424 attending the charter school. 425 c. To the extent possible, how these rates of progress will 426 be evaluated and compared with rates of progress of other 427 closely comparable student populations. 428 429 The district school board is required to provide academic 430 student performance data to charter schools for each of their 431 students coming from the district school system, as well as 432 rates of academic progress of comparable student populations in 433 the district school system. 434 4. The methods used to identify the educational strengths 435 and needs of students and how well educational goals and 436 performance standards are met by students attending the charter 437 school. The methods shall provide a means for the charter school 438 to ensure accountability to its constituents by analyzing 439 student performance data and by evaluating the effectiveness and 440 efficiency of its major educational programs. Students in 441 charter schools shall, at a minimum, participate in the 442 statewide assessment program created under s. 1008.22. 443 5. In secondary charter schools, a method for determining 444 that a student has satisfied the requirements for graduation in 445 s. 1002.3105(5), s. 1003.4281, or s. 1003.4282. 446 6. A method for resolving conflicts between the governing 447 board of the charter school and the sponsor. 448 7. The admissions procedures and dismissal procedures, 449 including the school’s code of student conduct. Admission or 450 dismissal must not be based on a student’s academic performance. 451 8. The ways by which the school will achieve a 452 racial/ethnic balance reflective of the community it serves or 453 within the racial/ethnic range of other public schools in the 454 same school district. 455 9. The financial and administrative management of the 456 school, including a reasonable demonstration of the professional 457 experience or competence of those individuals or organizations 458 applying to operate the charter school or those hired or 459 retained to perform such professional services and the 460 description of clearly delineated responsibilities and the 461 policies and practices needed to effectively manage the charter 462 school. A description of internal audit procedures and 463 establishment of controls to ensure that financial resources are 464 properly managed must be included. Both public sector and 465 private sector professional experience shall be equally valid in 466 such a consideration. 467 10. The asset and liability projections required in the 468 application which are incorporated into the charter and shall be 469 compared with information provided in the annual report of the 470 charter school. 471 11. A description of procedures that identify various risks 472 and provide for a comprehensive approach to reduce the impact of 473 losses; plans to ensure the safety and security of students and 474 staff; plans to identify, minimize, and protect others from 475 violent or disruptive student behavior; and the manner in which 476 the school will be insured, including whether or not the school 477 will be required to have liability insurance, and, if so, the 478 terms and conditions thereof and the amounts of coverage. 479 12. The term of the charter which shall provide for 480 cancellation of the charter if insufficient progress has been 481 made in attaining the student achievement objectives of the 482 charter and if it is not likely that such objectives can be 483 achieved before expiration of the charter. The initial term of a 484 charter shall be for 4 or 5 years. In order to facilitate access 485 to long-term financial resources for charter school 486 construction, charter schools that are operated by a 487 municipality or other public entity as provided by law are 488 eligible for up to a 15-year charter, subject to approval by the 489 district school board. A charter lab school is eligible for a 490 charter for a term of up to 15 years. In addition, to facilitate 491 access to long-term financial resources for charter school 492 construction, charter schools that are operated by a private, 493 not-for-profit, s. 501(c)(3) status corporation are eligible for 494 up to a 15-year charter, subject to approval by the district 495 school board. Such long-term charters remain subject to annual 496 review and may be terminated during the term of the charter, but 497 only according to the provisions set forth in subsection (8). 498 13. The facilities to be used and their location. The 499 sponsor may not require a charter school to have a certificate 500 of occupancy or a temporary certificate of occupancy for such a 501 facility earlier than 15 calendar days before the first day of 502 school. 503 14. The qualifications to be required of the teachers and 504 the potential strategies used to recruit, hire, train, and 505 retain qualified staff to achieve best value. 506 15. The governance structure of the school, including the 507 status of the charter school as a public or private employer as 508 required in paragraph (12)(i). 509 16. A timetable for implementing the charter which 510 addresses the implementation of each element thereof and the 511 date by which the charter shall be awarded in order to meet this 512 timetable. 513 17. In the case of an existing public school that is being 514 converted to charter status, alternative arrangements for 515 current students who choose not to attend the charter school and 516 for current teachers who choose not to teach in the charter 517 school after conversion in accordance with the existing 518 collective bargaining agreement or district school board rule in 519 the absence of a collective bargaining agreement. However, 520 alternative arrangements shall not be required for current 521 teachers who choose not to teach in a charter lab school, except 522 as authorized by the employment policies of the state university 523 which grants the charter to the lab school. 524 18. Full disclosure of the identity of all relatives 525 employed by the charter school who are related to the charter 526 school owner, president, chairperson of the governing board of 527 directors, superintendent, governing board member, principal, 528 assistant principal, or any other person employed by the charter 529 school who has equivalent decisionmaking authority. For the 530 purpose of this subparagraph, the term “relative” means father, 531 mother, son, daughter, brother, sister, uncle, aunt, first 532 cousin, nephew, niece, husband, wife, father-in-law, mother-in 533 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, 534 stepfather, stepmother, stepson, stepdaughter, stepbrother, 535 stepsister, half brother, or half sister. 536 19. Implementation of the activities authorized under s. 537 1002.331 by the charter school when it satisfies the eligibility 538 requirements for a high-performing charter school. A high 539 performing charter school shall notify its sponsor in writing by 540 March 1 if it intends to increase enrollment or expand grade 541 levels the following school year. The written notice shall 542 specify the amount of the enrollment increase and the grade 543 levels that will be added, as applicable. 544 (b) The sponsor has 30 days after approval of the 545 application to provide an initial proposed charter contract to 546 the charter school. The applicant and the sponsor have 40 days 547 thereafter to negotiate and notice the charter contract for 548 final approval by the sponsor unless both parties agree to an 549 extension. The proposed charter contract shall be provided to 550 the charter school at least 7 calendar days before the date of 551 the meeting at which the charter is scheduled to be voted upon 552 by the sponsor. The Department of Education shall provide 553 mediation services for any dispute regarding this section 554 subsequent to the approval of a charter application and for any 555 dispute relating to the approved charter, except a dispute 556 regarding a charter school application denial. If the 557 Commissioner of Education determines that the dispute cannot be 558 settled through mediation, the dispute may be appealed to an 559 administrative law judge appointed by the Division of 560 Administrative Hearings. The administrative law judge has final 561 order authority to rule on issues of equitable treatment of the 562 charter school as a public school, whether proposed provisions 563 of the charter violate the intended flexibility granted charter 564 schools by statute, or any other matter regarding this section, 565 except a dispute regarding charter school application denial, a 566 charter termination, or a charter nonrenewal. The administrative 567 law judge shall award the prevailing party reasonable attorney 568 fees and costs incurred during the mediation process, 569 administrative proceeding, and any appeals, to be paid by the 570 party whom the administrative law judge rules against. 571 (c)(b)1. A charter may be renewed provided that a program 572 review demonstrates that the criteria in paragraph (a) have been 573 successfully accomplished and that none of the grounds for 574 nonrenewal established by paragraph (8)(a) has been documented. 575 In order to facilitate long-term financing for charter school 576 construction, charter schools operating for a minimum of 3 years 577 and demonstrating exemplary academic programming and fiscal 578 management are eligible for a 15-year charter renewal. Such 579 long-term charter is subject to annual review and may be 580 terminated during the term of the charter. 581 2. The 15-year charter renewal that may be granted pursuant 582 to subparagraph 1. shall be granted to a charter school that has 583 received a school grade of “A” or “B” pursuant to s. 1008.34 in 584 3 of the past 4 years and is not in a state of financial 585 emergency or deficit position as defined by this section. Such 586 long-term charter is subject to annual review and may be 587 terminated during the term of the charter pursuant to subsection 588 (8). 589 (d)(c)A charter may be modified during its initial term or 590 any renewal term upon the recommendation of the sponsor or the 591 charter school’s governing board and the approval of both 592 parties to the agreement. Modification may include, but is not 593 limited to, consolidation of multiple charters into a single 594 charter if the charters are operated under the same governing 595 board and physically located on the same campus, regardless of 596 the renewal cycle. 597 (e)(d)A charter may be terminated by a charter school’s 598 governing board through voluntary closure. The decision to cease 599 operations must be determined at a public meeting. The governing 600 board shall notify the parents and sponsor of the public meeting 601 in writing before the public meeting. The governing board must 602 notify the sponsor, parents of enrolled students, and the 603 department in writing within 24 hours after the public meeting 604 of its determination. The notice shall state the charter 605 school’s intent to continue operations or the reason for the 606 closure and acknowledge that the governing board agrees to 607 follow the procedures for dissolution and reversion of public 608 funds pursuant to paragraphs (8)(e)-(g) and (9)(o). 609 (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.— 610 (b) At least 90 days beforeprior torenewing, nonrenewing, 611 or terminating a charter, the sponsor shall notify the governing 612 board of the school of the proposed action in writing. The 613 notice shall state in reasonable detail the grounds for the 614 proposed action and stipulate that the school’s governing board 615 may, within 14 calendar days after receiving the notice, request 616 a hearing. The hearing shall be conducted at the sponsor’s 617 election in accordance with one of the following procedures: 618 1. A direct hearing conducted by the sponsor within 60 days 619 after receipt of the request for a hearing. The hearing shall be 620 conducted in accordance with ss. 120.569 and 120.57. The sponsor 621 shall decide upon nonrenewal or termination by a majority vote. 622 The sponsor’s decision shall be a final order; or 623 2. A hearing conducted by an administrative law judge 624 assigned by the Division of Administrative Hearings. The hearing 625 shall be conducted within 60 days after receipt of the request 626 for a hearing and in accordance with chapter 120. The 627 administrative law judge’s recommended order shall be submitted 628 to the sponsor. A majority vote by the sponsor shall be required 629 to adopt or modify the administrative law judge’s recommended 630 order. The sponsor shall issue a final order. 631 (10) ELIGIBLE STUDENTS.— 632 (a) A charter school may be exempt from the requirements of 633 s. 1002.31 if the school isshall beopen to any student covered 634 in an interdistrict agreement and any studentorresiding in the 635 school district in which the charter school is located.;636 However, in the case of a charter lab school, the charter lab 637 school shall be open to any student eligible to attend the lab 638 school as provided in s. 1002.32 or who resides in the school 639 district in which the charter lab school is located. Any 640 eligible student shall be allowed interdistrict transfer to 641 attend a charter school when based on good cause. Good cause 642 shall include, but is not limited to, geographic proximity to a 643 charter school in a neighboring school district. 644 (12) EMPLOYEES OF CHARTER SCHOOLS.— 645 (h) For the purposes of tort liability, the charter school, 646 including its governing body and employees,of a charter school647 shall be governed by s. 768.28. This paragraph does not include 648 any for-profit entity contracted by the charter school or its 649 governing body. 650 (13) CHARTER SCHOOL COOPERATIVES.—Charter schools may enter 651 into cooperative agreements to form charter school cooperative 652 organizations that may providethe followingservices to further 653 educational, operational, and administrative initiatives in 654 which the participating charter schools share common interests:655charter school planning and development, direct instructional656services, and contracts with charter school governing boards to657provide personnel administrative services, payroll services,658human resource management, evaluation and assessment services,659teacher preparation, and professional development. 660 (17) FUNDING.—Students enrolled in a charter school, 661 regardless of the sponsorship, shall be funded as if they are in 662 a basic program or a special program, the same as students 663 enrolled in other public schools in the school district. Funding 664 for a charter lab school shall be as provided in s. 1002.32. 665 (b) The basis for the agreement for funding students 666 enrolled in a charter school shall be the sum of the school 667 district’s operating funds from the Florida Education Finance 668 Program as provided in s. 1011.62 and the General Appropriations 669 Act, including gross state and local funds, discretionary 670 lottery funds, and funds from the school district’s current 671 operating discretionary millage levy; divided by total funded 672 weighted full-time equivalent students in the school district; 673 multiplied by the weighted full-time equivalent students for the 674 charter school. Charter schools whose students or programs meet 675 the eligibility criteria in law are entitled to their 676 proportionate share of categorical program funds included in the 677 total funds available in the Florida Education Finance Program 678 by the Legislature, including transportation, the research-based 679 reading allocation, and the Florida digital classrooms 680 allocation. Total funding for each charter school shall be 681 recalculated during the year to reflect the revised calculations 682 under the Florida Education Finance Program by the state and the 683 actual weighted full-time equivalent students reported by the 684 charter school during the full-time equivalent student survey 685 periods designated by the Commissioner of Education. For charter 686 schools operated by a not-for-profit or municipal entity, any 687 unrestricted surplus operating funds, unrestricted surplus 688 capital outlay funds, or unrestricted net assets identified in 689 the charter school’s annual audit may be used for other charter 690 schools in the district operated by the not-for-profit or 691 municipal entity. Unrestricted surplus operating funds shall be 692 used in accordance with s. 1011.62, and unrestricted surplus 693 capital outlay funds shall be used in accordance with s. 694 1013.62(2). 695 (c)If the district school board is providing programs or696services to students funded by federal funds, any eligible697students enrolled in charter schools in the school district698shall be provided federal funds for the same level of service699provided students in the schools operated by the district school700board.Pursuant toprovisions of20 U.S.C. 8061 s. 10306, all 701 charter schools shall receive all federal funding for which the 702 school is otherwise eligible, including Title I funding, not 703 later than 5 months after the charter school first opens and 704 within 5 months after any subsequent expansion of enrollment. 705 Unless otherwise mutually agreed to by the charter school and 706 its sponsor, and consistent with state and federal rules and 707 regulations governing the use and disbursement of federal funds, 708 the sponsor shall reimburse the charter school on a monthly 709 basis for all invoices submitted by the charter school for 710 federal funds available to the sponsor for the benefit of the 711 charter school, the charter school’s students, and the charter 712 school’s students as public school students in the school 713 district. Such federal funds include, but are not limited to, 714 Title I, Title II, and Individuals with Disabilities Education 715 Act (IDEA) funds. To receive timely reimbursement for an 716 invoice, the charter school must submit the invoice to the 717 sponsor at least 30 days before the monthly date of 718 reimbursement set by the sponsor. In order to be reimbursed, any 719 expenditures made by the charter school must comply with all 720 applicable state rules and federal regulations, including, but 721 not limited to, the applicable federal Office of Management and 722 Budget Circulars; the federal Education Department General 723 Administrative Regulations; and program-specific statutes, 724 rules, and regulations. Such funds may not be made available to 725 the charter school until a plan is submitted to the sponsor for 726 approval of the use of the funds in accordance with applicable 727 federal requirements. The sponsor has 30 days to review and 728 approve any plan submitted pursuant to this paragraph. 729 (18) FACILITIES.— 730 (c) Any facility, or portion thereof, used to house a 731 charter school whose charter has been approved by the sponsor 732 and the governing board, pursuant to subsection (7), shall be 733 exempt from ad valorem taxes pursuant to s. 196.1983. Library, 734 community service, museum, performing arts, theatre, cinema, 735 church, Florida College System institution, college, and 736 university facilities may provide space to charter schools 737 within their facilities under their preexisting zoning and land 738 use designations without obtaining a special exception, 739 rezoning, a land use charter, or any other form of approval. 740 (20) SERVICES.— 741 (a)1. A sponsor shall provide certain administrative and 742 educational services to charter schools. These services shall 743 include contract management services; full-time equivalent and 744 data reporting services; exceptional student education 745 administration services; services related to eligibility and 746 reporting duties required to ensure that school lunch services 747 under the federal lunch program, consistent with the needs of 748 the charter school, are provided by the school district at the 749 request of the charter school, that any funds due to the charter 750 school under the federal lunch program be paid to the charter 751 school as soon as the charter school begins serving food under 752 the federal lunch program, and that the charter school is paid 753 at the same time and in the same manner under the federal lunch 754 program as other public schools serviced by the sponsor or the 755 school district; test administration services, including payment 756 of the costs of state-required or district-required student 757 assessments; processing of teacher certificate data services; 758 and information services, including equal access to student 759 information systems that are used by public schools in the 760 district in which the charter school is located. Student 761 performance data for each student in a charter school, 762 including, but not limited to, FCAT scores, standardized test 763 scores, previous public school student report cards, and student 764 performance measures, shall be provided by the sponsor to a 765 charter school in the same manner provided to other public 766 schools in the district. 767 2. A sponsor may withhold an administrative fee for the 768 provision of such services which shall be a percentage of the 769 available funds defined in paragraph (17)(b) calculated based on 770 weighted full-time equivalent students. If the charter school 771 serves 75 percent or more exceptional education students as 772 defined in s. 1003.01(3), the percentage shall be calculated 773 based on unweighted full-time equivalent students. The 774 administrative fee shall be calculated as follows: 775 a. Up to 5 percent for: 776 (I) Enrollment of up to and including 250 students in a 777 charter school as defined in this section. 778 (II) Enrollment of up to and including 500 students within 779 a charter school system which meets all of the following: 780 (A) Includes conversion charter schools and nonconversion 781 charter schools. 782 (B) Has all of its schools located in the same county. 783 (C) Has a total enrollment exceeding the total enrollment 784 of at least one school district in the state. 785 (D) Has the same governing board for all of its schools. 786 (E) Does not contract with a for-profit service provider 787 for management of school operations. 788 (III) Enrollment of up to and including 250 students in a 789 virtual charter school. 790 b. Up to 2 percent for enrollment of up to and including 791 250 students in a high-performing charter school as defined in 792 s. 1002.331. 793 3. A sponsor may not charge charter schools any additional 794 fees or surcharges for administrative and educational services 795 in addition to the maximum percentage of administrative fees 796 withheld pursuant to this paragraphA total administrative fee797for the provision of such services shall be calculated based798upon up to 5 percent of the available funds defined in paragraph799(17)(b) for all students, except that when 75 percent or more of800the students enrolled in the charter school are exceptional801students as defined in s. 1003.01(3), the 5 percent of those802available funds shall be calculated based on unweighted full803time equivalent students.However, a sponsor may only withhold804up to a 5-percent administrative fee for enrollment for up to805and including 250 students. For charter schools with a806population of 251 or more students, the difference between the807total administrative fee calculation and the amount of the808administrative fee withheld may only be used for capital outlay809purposes specified in s. 1013.62(3).8103.For high-performing charter schools, as defined in s.8111002.331, a sponsor may withhold a total administrative fee of812up to 2 percent for enrollment up to and including 250 students813per school.8144.In addition, a sponsor may withhold only up to a 5815percent administrative fee for enrollment for up to and816including 500 students within a system of charter schools which817meets all of the following:818a.Includes both conversion charter schools and819nonconversion charter schools;820b.Has all schools located in the same county;821c.Has a total enrollment exceeding the total enrollment of822at least one school district in the state;823d.Has the same governing board; and824e.Does not contract with a for-profit service provider for825management of school operations.8265.The difference between the total administrative fee827calculation and the amount of the administrative fee withheld828pursuant to subparagraph 4. may be used for instructional and829administrative purposes as well as for capital outlay purposes830specified in s. 1013.62(3).8316.For a high-performing charter school system that also832meets the requirements in subparagraph 4., a sponsor may833withhold a 2-percent administrative fee for enrollments up to834and including 500 students per system.8357.Sponsors shall not charge charter schools any additional836fees or surcharges for administrative and educational services837in addition to the maximum 5-percent administrative fee withheld838pursuant to this paragraph.8398.The sponsor of a virtual charter school may withhold a840fee of up to 5 percent. The funds shall be used to cover the841cost of services provided under subparagraph 1. and842implementation of the school district’s digital classrooms plan843pursuant to s. 1011.62.844 (b) If goods and services are made available to the charter 845 school through the contract with the school district, they shall 846 be provided to the charter school at a rate no greater than the 847 district’s actual cost unless mutually agreed upon by the 848 charter school and the sponsor in a contract negotiated 849 separately from the charter. When mediation has failed to 850 resolve disputes over contracted services or contractual matters 851 not included in the charter, an appeal may be made for a dispute 852 resolution hearing before the Charter School Appeal Commission. 853 To maximize the use of state funds, school districts shall allow 854 charter schools to participate in the sponsor’s bulk purchasing 855 program if applicable. 856 (c) Transportation of charter school students shall be 857 provided by the charter school consistent with the requirements 858 of subpart I.E. of chapter 1006 and s. 1012.45. The governing 859 body of the charter school may provide transportation through an 860 agreement or contract with the district school board, a private 861 provider, or parents. The charter school and the sponsor shall 862 cooperate in making arrangements that ensure that transportation 863 is not a barrier to equal access for all students residing 864 within a reasonable distance of the charter school as determined 865 in its charter. 866 (d) Each charter school shall annually complete and submit 867 a survey, provided in a format specified by the Department of 868 Education, to rate the timeliness and quality of services 869 provided by the district in accordance with this section. The 870 department shall compile the results, by district, and include 871 the results in the report required under sub-sub-subparagraph 872 (5)(b)1.k.(III). 873 (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.— 874 (a) The Department of Education shall provide information 875 to the public, directly and through sponsors, on how to form and 876 operate a charter school and how to enroll in a charter school 877 once it is created. This information shall include the standard 878a modelapplication form, standard charter contract, standard 879 evaluation instrument, and standard charter renewal contract, 880 which shall include the information specified in subsection (7) 881 and shall be developed by consulting and negotiating with both 882 school districts and charter schools before implementation. The 883 charter and charter renewal contracts shall be used by charter 884 school sponsors. 885 (b)1. The Department of Education shall report to each 886 charter school receiving a school grade pursuant to s. 1008.34 887 or a school improvement rating pursuant to s. 1008.341 the 888 school’s student assessment data. 889 2. The charter school shall report the information in 890 subparagraph 1. to each parent of a student at the charter 891 school, the parent of a child on a waiting list for the charter 892 school, the district in which the charter school is located, and 893 the governing board of the charter school. This paragraph does 894 not abrogate the provisions of s. 1002.22, relating to student 895 records, or the requirements of 20 U.S.C. s. 1232g, the Family 896 Educational Rights and Privacy Act. 8973.a.Pursuant to this paragraph, the Department of898Education shall compare the charter school student performance899data for each charter school in subparagraph 1. with the student900performance data in traditional public schools in the district901in which the charter school is located and other charter schools902in the state. For alternative charter schools, the department903shall compare the student performance data described in this904paragraph with all alternative schools in the state. The905comparative data shall be provided by the following grade906groupings:907(I)Grades 3 through 5;908(II)Grades 6 through 8; and909(III)Grades 9 through 11.910b.Each charter school shall provide the information911specified in this paragraph on its Internet website and also912provide notice to the public at large in a manner provided by913the rules of the State Board of Education. The State Board of914Education shall adopt rules to administer the notice915requirements of this subparagraph pursuant to ss. 120.536(1) and916120.54. The website shall include, through links or actual917content, other information related to school performance.918 (25) LOCAL EDUCATIONAL AGENCY STATUS FOR CERTAIN CHARTER 919 SCHOOL SYSTEMS.— 920 (a) A charter school system’s governing board shall be 921 designated a local educational agency for the purpose of 922 receiving federal funds, the same as though the charter school 923 system were a school district, if the governing board of the 924 charter school system has adopted and filed a resolution with 925 its sponsoring district school board and the Department of 926 Education in which the governing board of the charter school 927 system accepts the full responsibility for all local education 928 agency requirements and the charter school system meets all of 929 the following: 930(a)Includes both conversion charter schools and931nonconversion charter schools;932 1.(b)Has all schools located in the same county; 933 2.(c)Has a total enrollment exceeding the total enrollment 934 of at least one school district in the state; and 935 3.(d)Has the same governing board.; and936 (b) A charter school system’s governing board may be 937 designated a local educational agency for the purpose of 938 receiving federal funds for all schools within a school district 939 that are established pursuant to s. 1008.33 and are under the 940 jurisdiction of the governing board. The governing board must 941 adopt and file a resolution with its sponsoring district school 942 board and the Department of Education and accept full 943 responsibility for all local educational agency requirements. 944(e)Does not contract with a for-profit service provider945for management of school operations.946 947 Such designation does not apply to other provisions unless 948 specifically provided in law. 949 (28) RULEMAKING.—The Department of Education, after 950 consultation with school districts and charter school directors, 951 shall recommend that the State Board of Education adopt rules to 952 implement specific subsections of this section. Such rules shall 953 require minimum paperwork and shall not limit charter school 954 flexibility authorized by statute. The State Board of Education 955 shall adopt rules, pursuant to ss. 120.536(1) and 120.54, to 956 implement a standard chartermodelapplication form, standard 957 application form for the replication of charter schools in a 958 high-performing charter school system, standard evaluation 959 instrument, and standard charter and charter renewal contracts 960 in accordance with this section. 961 Section 2. Paragraph (b) of subsection (2) of section 962 1002.3305, Florida Statutes, is amended to read: 963 1002.3305 College-preparatory Boarding Academy Pilot 964 Program for at-risk students.— 965 (2) DEFINITIONS.—As used in this section, the term: 966 (b) “Eligible student” means a student who is a resident of 967 the state and entitled to attend school in a participating 968 school district, is at risk of academic failure, is currently 969 enrolled in grade 5-12, if it is determined by the operator that 970 a seat is availablegrade 5 or 6, is from a family whose gross 971 income is at or below 200 percent of the federal poverty 972 guidelines, is eligible for benefits or services funded by 973 Temporary Assistance for Needy Families (TANF) or Title IV-E of 974 the Social Security Act, and meets at least one of the following 975 additional risk factors: 976 1. The child is in foster care or has been declared an 977 adjudicated dependent by a court. 978 2. The student’s head of household is not the student’s 979 custodial parent. 980 3. The student resides in a household that receives a 981 housing voucher or has been determined eligible for public 982 housing assistance. 983 4. A member of the student’s immediate family has been 984 incarcerated. 985 5. The child is covered under the terms of the state’s 986 Child Welfare Waiver Demonstration project with the United 987 States Department of Health and Human Services. 988 Section 3. Subsection (3) of section 1002.331, Florida 989 Statutes, is amended to read: 990 1002.331 High-performing charter schools.— 991 (3)(a)1. A high-performing charter school may submit an 992 application pursuant to s. 1002.33(6) in any school district in 993 the state to establish and operate a new charter school that 994 will substantially replicate its educational program. An 995 application submitted by a high-performing charter school must 996 state that the application is being submitted pursuant to this 997 paragraph and must include the verification letter provided by 998 the Commissioner of Education pursuant to subsection (4). 999 2. If the sponsor fails to act on the application within 90 100060days after receipt, the application is deemed approved and 1001 the procedure in s. 1002.33(7)1002.33(6)(h)applies.If the1002sponsor denies the application, the high-performing charter1003school may appeal pursuant to s. 1002.33(6).1004 (b) A high-performing charter school may not establish more 1005 than one charter school within the state under paragraph (a) in 1006 any year. A subsequent application to establish a charter school 1007 under paragraph (a) may not be submitted unless each charter 1008 school established in this manner achieves high-performing 1009 charter school status. However, a high-performing charter school 1010 may establish more than one charter school within the state 1011 under paragraph (a) in any year if it operates in the area of a 1012 persistently low-performing school and serves students from that 1013 school. 1014 Section 4. Paragraph (b) of subsection (2) of section 1015 1002.332, Florida Statutes is amended, and paragraph (c) is 1016 added to that subsection, to read: 1017 1002.332 High-performing charter school system.— 1018 (2)(b) A high-performing charter school system may 1019 replicate its high-performing charter schools in any school 1020 district in the state. The applicant must submit an application 1021 using the standard application form prepared by the Department 1022 of Education which: 1023 1. Contains goals and objectives for improving student 1024 learning and a process for measuring student improvement. These 1025 goals and objectives must indicate how much academic improvement 1026 students are expected to demonstrate each year, how success will 1027 be evaluated, and the specific results to be attained through 1028 instruction. 1029 2. Contains an annual financial plan for each year 1030 requested by the charter for operation of the school for up to 5 1031 years. This plan must contain anticipated fund balances based on 1032 revenue projections, a spending plan based on projected revenue 1033 and expenses, and a description of controls that will safeguard 1034 finances and projected enrollment trends. 1035 3. Discloses the name of each applicant, governing board 1036 member, and all proposed education services providers; the name 1037 and sponsor of any charter school operated by each applicant, 1038 each governing board member, and each proposed education 1039 services provider that has closed and the reasons for the 1040 closure; and the academic and financial history of such charter 1041 schools, which the sponsor shall consider when deciding whether 1042 to approve or deny the application. 1043 (c) An application submitted by a high-performing charter 1044 school system must state that the application is being submitted 1045 pursuant to this section and must include the verification 1046 letter provided by the Commissioner of Education pursuant to 1047 this subsection. If the sponsor fails to act on the application 1048 within 90 days after receipt, the application is deemed approved 1049 and the procedure in s. 1002.33(7) appliespursuant to s.10501002.331(3). 1051 Section 5. Subsection (1) of section 1003.498, Florida 1052 Statutes, is amended to read: 1053 1003.498 School district virtual course offerings.— 1054 (1) School districts may deliver courses in the traditional 1055 school setting by personnel certified pursuant to s. 1012.55 who 1056 provide direct instruction through virtual instruction or 1057 through blended learning courses consisting of both traditional 1058 classroom and online instructional techniques. Students in a 1059 blended learning course must be full-time students of the school 1060 pursuant to s. 1011.61(1)(a)1.and receive the online1061instruction in a classroom setting at the school.The funding, 1062 performance, and accountability requirements for blended 1063 learning courses are the same as those for traditional courses. 1064 To facilitate the delivery and coding of blended learning 1065 courses, the department shall provide identifiers for existing 1066 courses to designate that they are being used for blended 1067 learning courses for the purpose of ensuring the efficient 1068 reporting of such courses. A district may report full-time 1069 equivalent student membership for credit earned by a student who 1070 is enrolled in a virtual education course provided by the 1071 district which is completed after the end of the regular school 1072 year if the FTE is reported no later than the deadline for 1073 amending the final student membership report for that year. 1074 Section 6. Subsection (5), paragraph (j) of subsection (6), 1075 and paragraph (a) of subsection (8) of section 1007.35, Florida 1076 Statutes, are amended to read: 1077 1007.35 Florida Partnership for Minority and 1078 Underrepresented Student Achievement.— 1079 (5) Each public high school, including, but not limited to, 1080 schools and alternative sites and centers of the Department of 1081 Juvenile Justice, shall provide for the administration of the 1082 Preliminary SAT/National Merit Scholarship Qualifying Test 1083 (PSAT/NMSQT), or the preliminary ACTAspireto all enrolled 10th 1084 grade students. However, a written notice shall be provided to 1085 each parent which mustthat shallinclude the opportunity to 1086 exempt his or her child from taking the PSAT/NMSQT or the 1087 preliminary ACTAspire. 1088 (a) Test results will provide each high school with a 1089 database of student assessment data which certified school 1090 counselors will use to identify students who are prepared or who 1091 need additional work to be prepared to enroll and be successful 1092 in AP courses or other advanced high school courses. 1093 (b) Funding for the PSAT/NMSQT or the preliminary ACT 1094Aspirefor all 10th grade students shall be contingent upon 1095 annual funding in the General Appropriations Act. 1096 (c) Public school districts must choose either the 1097 PSAT/NMSQT or the preliminary ACTAspirefor districtwide 1098 administration. 1099 (6) The partnership shall: 1100 (j) Provide information to students, parents, teachers, 1101 counselors, administrators, districts, Florida College System 1102 institutions, and state universities regarding PSAT/NMSQT or the 1103 preliminary ACTAspireadministration, including, but not 1104 limited to: 1105 1. Test administration dates and times. 1106 2. That participation in the PSAT/NMSQT or the preliminary 1107 ACTAspireis open to all 10th grade students. 1108 3. The value of such tests in providing diagnostic feedback 1109 on student skills. 1110 4. The value of student scores in predicting the 1111 probability of success on AP or other advanced course 1112 examinations. 1113 (8)(a) By September 30 of each year, the partnership shall 1114 submit to the department a report that contains an evaluation of 1115 the effectiveness of the delivered services and activities. 1116 Activities and services must be evaluated on their effectiveness 1117 at raising student achievement and increasing the number of AP 1118 or other advanced course examinations in low-performing middle 1119 and high schools. Other indicators that must be addressed in the 1120 evaluation report include the number of middle and high school 1121 teachers trained; the effectiveness of the training; measures of 1122 postsecondary readiness of the students affected by the program; 1123 levels of participation in 10th grade PSAT/NMSQT or the 1124 preliminary ACTAspiretesting; and measures of student, parent, 1125 and teacher awareness of and satisfaction with the services of 1126 the partnership. 1127 Section 7. Paragraph (d) of subsection (3) of section 1128 1008.34, Florida Statutes, is amended to read: 1129 1008.34 School grading system; school report cards; 1130 district grade.— 1131 (3) DESIGNATION OF SCHOOL GRADES.— 1132 (d) The dataperformanceof students attending alternative 1133 schools,andstudents designated as hospital or homebound, and 1134 students who transfer to a private school shall be factored into 1135 a school grade as follows: 1136 1. The student performance data for eligible students 1137 attending alternative schools that provide dropout prevention 1138 and academic intervention services pursuant to s. 1003.53 shall 1139 be included in the calculation of the home school’s grade. The 1140 term “eligible students” in this subparagraph does not include 1141 students attending an alternative school who are subject to 1142 district school board policies for expulsion for repeated or 1143 serious offenses, who are in dropout retrieval programs serving 1144 students who have officially been designated as dropouts, or who 1145 are in programs operated or contracted by the Department of 1146 Juvenile Justice. As used in this subparagraph, the term “home 1147 school” means the school to which the student would be assigned 1148 if the student were not assigned to an alternative school. If an 1149 alternative school chooses to be graded under this section, 1150 student performance data for eligible students identified in 1151 this subparagraph shall not be included in the home school’s 1152 grade but shall be included only in the calculation of the 1153 alternative school’s grade. A school district that fails to 1154 assign statewide, standardized end-of-course assessment scores 1155 of each of its students to his or her home school or to the 1156 alternative school that receives a grade shall forfeit Florida 1157 School Recognition Program funds for one fiscal year. School 1158 districts must require collaboration between the home school and 1159 the alternative school in order to promote student success. This 1160 collaboration must include an annual discussion between the 1161 principal of the alternative school and the principal of each 1162 student’s home school concerning the most appropriate school 1163 assignment of the student. 1164 2. Student performance data for students designated as 1165 hospital or homebound shall be assigned to their home school for 1166 the purposes of school grades. As used in this subparagraph, the 1167 term “home school” means the school to which a student would be 1168 assigned if the student were not assigned to a hospital or 1169 homebound program. 1170 3. A high school must include a student in its graduation 1171 rate if the student transfers from the high school to a private 1172 school with which the school district has a contractual 1173 relationship. 1174 Section 8. Subsection (3) of section 1008.341, Florida 1175 Statutes, is amended to read: 1176 1008.341 School improvement rating for alternative 1177 schools.— 1178 (3) DESIGNATION OF SCHOOL IMPROVEMENT RATING.—Student 1179 Learning Gains based on statewide, standardized assessments, 1180 including retakes, administered under s. 1008.22 for all 1181 eligible students who were assigned to and enrolled in the 1182 school during the October or February FTE count and who have 1183 assessment scores, concordant scores, or comparable scores for 1184 the preceding school year shall be used in determining an 1185 alternative school’s school improvement rating. An alternative 1186 school’s rating shall be based on the following components: 1187 (a) The percentage of eligible students who make Learning 1188 Gains in English Language Arts as measured by statewide, 1189 standardized assessments under s. 1008.22(3). 1190 (b) The percentage of eligible students who make Learning 1191 Gains in mathematics as measured by statewide, standardized 1192 assessments under s. 1008.22(3). 1193 1194 Student performance results of students who are subject to 1195 district school board policies for expulsion for repeated or 1196 serious offenses, who are in dropout retrieval programs serving 1197 students who have officially been designated as dropouts, or who 1198 are in programs operated or contracted by the Department of 1199 Juvenile Justice may not be included in an alternative school’s 1200 school improvement rating. 1201 Section 9. Paragraph (i) of subsection (1) of section 1202 1011.62, Florida Statutes, is amended to read: 1203 1011.62 Funds for operation of schools.—If the annual 1204 allocation from the Florida Education Finance Program to each 1205 district for operation of schools is not determined in the 1206 annual appropriations act or the substantive bill implementing 1207 the annual appropriations act, it shall be determined as 1208 follows: 1209 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR 1210 OPERATION.—The following procedure shall be followed in 1211 determining the annual allocation to each district for 1212 operation: 1213 (i) Calculation of full-time equivalent membership with 1214 respect to dual enrollment instruction.—Students enrolled in 1215 dual enrollment instruction pursuant to s. 1007.271 may be 1216 included in calculations of full-time equivalent student 1217 memberships for basic programs for grades 9 through 12 by a 1218 district school board. Instructional time for dual enrollment 1219 may vary from 900 hours; however, the full-time equivalent 1220 student membership value shall be subject to the provisions in 1221 s. 1011.61(4). Dual enrollment full-time equivalent student 1222 membership shall be calculated in an amount equal to the hours 1223 of instruction that would be necessary to earn the full-time 1224 equivalent student membership for an equivalent course if it 1225 were taught in the school district. Students in dual enrollment 1226 courses may also be calculated as the proportional shares of 1227 full-time equivalent enrollments they generate for a Florida 1228 College System institution or university conducting the dual 1229 enrollment instruction. Early admission students shall be 1230 considered dual enrollments for funding purposes. Students may 1231 be enrolled in dual enrollment instruction provided by an 1232 eligible independent college or university and may be included 1233 in calculations of full-time equivalent student memberships for 1234 basic programs for grades 9 through 12 by a district school 1235 board. However, those provisions of law which exempt dual 1236 enrolled and early admission students from payment of 1237 instructional materials and tuition and fees, including 1238 laboratory fees, shall not apply to students who select the 1239 option of enrolling in an eligible independent institution. An 1240 independent college or university, whichis located and1241chartered in Florida,is not for profit, is accredited by a 1242 regional or national accrediting agency recognized by the United 1243 States Department of Educationthe Commission on Colleges of the1244Southern Association of Colleges and Schools or the Accrediting1245Council for Independent Colleges and Schools, and confers 1246 degrees as defined in s. 1005.02 shall be eligible for inclusion 1247 in the dual enrollment or early admission program. Students 1248 enrolled in dual enrollment instruction shall be exempt from the 1249 payment of tuition and fees, including laboratory fees. No 1250 student enrolled in college credit mathematics or English dual 1251 enrollment instruction shall be funded as a dual enrollment 1252 unless the student has successfully completed the relevant 1253 section of the entry-level examination required pursuant to s. 1254 1008.30. 1255 Section 10. Subsection (5) is added to section 1011.69, 1256 Florida Statutes, to read: 1257 1011.69 Equity in School-Level Funding Act.— 1258 (5) To help meet the academic needs of economically 1259 disadvantaged students, school districts shall provide Title I 1260 funds directly to all eligible schools as provided in this 1261 subsection. For purposes of this subsection, the term “eligible 1262 school” means a school, including a charter school, that is 1263 eligible to receive Title I funds. The threshold for identifying 1264 eligible schools shall not exceed the statewide percentage of 1265 economically disadvantaged students. 1266 (a) Before the allocation of Title I funds to eligible 1267 schools, a school district may withhold funds only as follows: 1268 1. One percent for parent involvement; 1269 2. A necessary and reasonable amount for administration, 1270 not to exceed 8 percent; and 1271 3. A reasonable and necessary amount to provide: 1272 a. Homeless programs; 1273 b. Delinquent and neglected programs; and 1274 c. Private school equitable services. 1275 (b) All remaining Title I funds shall be distributed to all 1276 eligible schools in accordance with federal law and regulations. 1277 An eligible school may use funds received under this subsection 1278 to participate in discretionary educational services provided by 1279 the school district. 1280 Section 11. This act shall take effect July 1, 2017.