Florida Senate - 2020 SB 1578 By Senator Hutson 7-01330A-20 20201578__ Page 1 of 62 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to education; creating s. 1002.24, 2 F.S.; providing legislative findings and intent; 3 requiring the Department of Education to collect 4 certain information about career preparation and 5 placement in this state; requiring the department to 6 annually distribute such information to school 7 guidance counselors at each public high school in this 8 state; requiring such career preparation and placement 9 information to be distributed to students by a certain 10 date each year; authorizing the department to enter 11 into a memorandum of understanding to share the career 12 preparation and placement information with other state 13 agencies; amending s. 1002.33, F.S.; authorizing state 14 universities designated by the State Board of 15 Education to sponsor a charter school; authorizing a 16 Florida College System institution designated by the 17 state board to sponsor a charter school under certain 18 circumstances; authorizing a state university or 19 Florida College System institution to deny an 20 application for a charter school; revising 21 requirements for the report made by sponsors to the 22 Department of Education; eliminating a requirement 23 that a charter school working with a Florida College 24 System institution must implement a blended learning 25 instructional model; providing that the board of 26 trustees of a sponsoring state university or Florida 27 College System institution is the local educational 28 agency for purposes of receiving federal funds for 29

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 2 of 62 CODING: Words stricken are deletions; words underlined are additions. sponsored charter schools; providing that a student 30 enrolled in a charter school that is sponsored by a 31 state university or a Florida College System 32 institution may not be included in the calculation of 33 a school district’s grade; requiring the department, 34 in collaboration with charter school sponsors and 35 charter school operators, to develop a sponsor 36 evaluation framework that must address certain 37 requirements; deleting a provision related to 38 acceptance and consideration of charter school 39 applications; deleting a provision requiring that 40 initial startup of a charter school commence within a 41 specified timeframe; providing that charter schools 42 operated by a municipality, a public entity, or a 43 private, not-for-profit organization are eligible for 44 a 15-year charter if approved by the sponsor; 45 requiring sponsors to report a charter school that 46 closes as part of a consolidation; clarifying the 47 circumstances under which a charter may be terminated 48 immediately; providing for certain property, 49 improvements, furnishings, and equipment to revert to 50 the sponsor upon dissolution of a charter school; 51 providing that a sponsor may not assume charter school 52 debt except under certain circumstances; authorizing 53 charter schools to limit the enrollment process to 54 target certain additional student populations; 55 requiring that any arrangement entered into to borrow 56 or otherwise secure funds for a charter school from 57 certain sources indemnify the sponsor, rather than the 58

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 3 of 62 CODING: Words stricken are deletions; words underlined are additions. school district; specifying funding requirements for 59 students enrolled in a charter school sponsored by a 60 state university or a Florida College System 61 institution; requiring a local governing authority to 62 provide a written justification for any challenged 63 requirements, restrictions, and site planning 64 processes, under certain circumstances; requiring 65 courts to award attorney fees and court costs to a 66 charter school if they determine that a local 67 governing authority failed to treat a charter school 68 equitably; providing that places of worship, rather 69 than only specifically churches, may provide space to 70 charter schools in their facilities; prohibiting local 71 governing authorities from imposing additional 72 requirements on such facilities; requiring that the 73 educational occupant load for a charter school within 74 such facilities be based solely on the criteria set 75 forth in the Florida Building Code and the Florida 76 Fire Prevention Code; authorizing a school district to 77 enter into an agreement to plan, design, and construct 78 a charter school and to serve as the financial agent, 79 lienholder, or lessor; requiring a sponsor to provide 80 access to the sponsor’s student information systems 81 and student performance data in certain circumstances; 82 amending s. 1002.333, F.S.; requiring the department 83 to annually provide to school districts a list of 84 certain facilities; requiring the department to update 85 and publish a final list of such facilities owned or 86 operated by each school district by a certain date; 87

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 4 of 62 CODING: Words stricken are deletions; words underlined are additions. authorizing allocated funds that are not disbursed by 88 a certain date to be carried forward for up to 7 years 89 after the date of the original appropriation; amending 90 s. 1003.493, F.S.; authorizing charter schools to 91 offer career and professional academies; amending s. 92 1013.385, F.S.; deleting provisions authorizing 93 certain resolutions to propose the implementation of 94 specified exceptions to certain building code 95 requirements; providing that resolutions may implement 96 exceptions to certain sections of the Florida Building 97 Code that limit the ability of a school district to 98 design and construct a facility in the same manner as 99 a charter school; reenacting ss. 11.40(c)(2), 100 163.3180(6)(h), 196.1983, 218.39(1)(e), 101 381.0056(4)(a), 409.1664(1)(b), 409.9072(1), 102 944.801(7), 951.176(1), 1006.15(3)(d), 1008.33(3)(c), 103 and 1011.61(1)(c), F.S., relating to the Legislative 104 Auditing Committee, concurrency, the charter school 105 exemption from ad valorem taxes, annual financial 106 audit reports, the school health services program, 107 adoption benefits for qualifying adoptive employees of 108 state agencies, Medicaid provider agreements for 109 charter schools and private schools, education for 110 state prisoners, provision of education, student 111 standards for participation in interscholastic and 112 intrascholastic extracurricular student activities, 113 authority to enforce public school improvement, and 114

definitions for the Florida Education Finance Program, 115 respectively, to incorporate the amendment made to s. 116

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 5 of 62 CODING: Words stricken are deletions; words underlined are additions. 1002.33, F.S., in references thereto; providing 117 effective dates. 118 119 Be It Enacted by the Legislature of the State of Florida: 120 121

Section 1. Effective January 1, 2021,

section 1002.24, 122 Florida Statutes, is created to read: 123 1002.24 Career landscape information.— 124

(1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds 125 that high school students should be provided the information 126 necessary to make informed decisions about their futures and to 127 ensure that they are aware of the costs of attending a 128 postsecondary institution. The Legislature also finds that high 129 school students should be provided with information regarding 130 alternative career paths. 131

(2) CAREER LANDSCAPE INFORMATION COLLECTION.—The Department 132 of Education shall collect and compile all of the following 133 information annually: 134 (

a) The jobs in this state for which there is the highest 135 demand for employees, including the starting salary and the 136 required level of education for such jobs. 137 (

b) The average cost of attendance, including in-state 138 tuition, fees, and, if applicable, room and board, for career 139 and technical education programs, Florida College System 140 institutions, and state universities. 141 (

c) The respective average monthly student loan payments of 142 students upon graduation from such programs, institutions, and 143 universities. 144 (

d) The respective average 3-year student loan default 145

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 6 of 62 CODING: Words stricken are deletions; words underlined are additions. rates for such programs, institutions, and universities. 146 (

e) The respective average graduation rates for such 147 programs, institutions, and universities. 148 (

f) The completion rates for apprenticeship programs, 149 educational credential programs, career and technical education 150 programs, and first-term military enlisted personnel, 151 respectively. 152 (

g) The percentage of college graduates working in 153 occupations that do not require a college degree, listed by 154 major. 155 (

h) The average starting salaries for individuals 156 graduating from career and technical education programs in this 157 state, Florida College System institutions, and state 158 universities, respectively. 159

(3) INFORMATION DISTRIBUTION.—The information collected by 160 the Department of Education under subsection (2) must be 161 distributed to school guidance counselors at each public high 162 school in this state and made available to students by no later 163 than October 15 of each year. 164

(4) DATA SHARING.—The Department of Education may execute a 165 memorandum of understanding with any state agency, or a 166 department or division thereof, to gain access to the 167 information required to be collected under subsection (2). 168

Section 2. Paragraph (

c) of subsection (2), subsection (5), 169 paragraph (

b) of subsection (6), paragraphs (

a) and (

d) of 170 subsection (7), paragraphs (c), (d), and (

e) of subsection (8), 171 paragraphs (

g) and (

n) of subsection (9), paragraph (

e) of 172 subsection (10), subsection (14), paragraph (

c) of subsection 173 (15), paragraphs (a), (b), and (

e) of subsection (17), 174

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 7 of 62 CODING: Words stricken are deletions; words underlined are additions. paragraphs (a), (c), and (

e) of subsection (18), subsections 175 (20) and (21), paragraph (

a) of subsection (25), and subsection 176 (28) of

section 1002.33, Florida Statutes, are amended to read: 177 1002.33 Charter schools.— 178

(2) GUIDING PRINCIPLES; PURPOSE.— 179 (

c) Charter schools may fulfill the following purposes: 180 1. Create innovative measurement tools. 181 2. Provide rigorous competition within the public school 182 system district to stimulate continual improvement in all public 183 schools. 184 3. Expand the capacity of the public school system. 185 4. Mitigate the educational impact created by the 186 development of new residential dwelling units. 187 5. Create new professional opportunities for teachers, 188 including ownership of the learning program at the school site. 189

(5) SPONSOR; DUTIES.— 190 (

a) Sponsoring entities.— 191 1. A district school board may sponsor a charter school in 192 the county over which the district school board has 193 jurisdiction. 194 2. A state university may grant a charter to a lab school 195 created under s. 1002.32 and shall be considered to be the 196 school’s sponsor. Such school shall be considered a charter lab 197 school. 198 3. Because needs relating to educational capacity, 199 workforce qualifications, and career education opportunities are 200 constantly changing and extend beyond school district 201 boundaries: 202 a. A state university, upon receiving approval from the 203

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 8 of 62 CODING: Words stricken are deletions; words underlined are additions. State Board of Education, may solicit applications and sponsor a 204 charter school to meet regional education or workforce demands 205 by serving students from multiple school districts. 206 b.

A Florida College System institution, upon receiving 207 approval from the State Board of Education, may solicit 208 applications and sponsor a charter school in any county within 209 its service area to meet workforce demands and may offer 210 postsecondary programs leading to industry certifications to 211 eligible charter school students. A charter school developed 212 under subparagraph (b)4. is not eligible to be sponsored by a 213 Florida College System institution until its existing charter 214 with the school district expires, as provided in subsection (7). 215 c.

Notwithstanding paragraph (6)(b), a state university or 216 a Florida College System institution may deny an application for 217 a charter school, at which point provisions outlined in 218 subsection (6)(c)1. are not applicable. 219 (

b) Sponsor duties.— 220 1.a. The sponsor shall monitor and review the charter 221 school in its progress toward the goals established in the 222 charter. 223 b. The sponsor shall monitor the revenues and expenditures 224 of the charter school and perform the duties provided in s. 225 1002.345. 226 c. The sponsor may approve a charter for a charter school 227 before the applicant has identified space, equipment, or 228 personnel, if the applicant indicates approval is necessary for 229 it to raise working funds. 230 d. The sponsor shall not apply its policies to a charter 231 school unless mutually agreed to by both the sponsor and the 232

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 9 of 62 CODING: Words stricken are deletions; words underlined are additions. charter school. If the sponsor subsequently amends any agreed-233 upon sponsor policy, the version of the policy in effect at the 234 time of the execution of the charter, or any subsequent 235 modification thereof, shall remain in effect and the sponsor may 236 not hold the charter school responsible for any provision of a 237 newly revised policy until the revised policy is mutually agreed 238 upon. 239 e.

The sponsor shall ensure that the charter is innovative 240 and consistent with the state education goals established by s. 241 1000.03(5). 242 f. The sponsor shall ensure that the charter school 243 participates in the state’s education accountability system. If 244 a charter school falls short of performance measures included in 245 the approved charter, the sponsor shall report such shortcomings 246 to the Department of Education. 247 g. The sponsor shall not be liable for civil damages under 248 state law for personal injury, property damage, or death 249 resulting from

an act or omission of an officer, employee, 250 agent, or governing body of the charter school. 251 h. The sponsor shall not be liable for civil damages under 252 state law for any employment actions taken by an officer, 253 employee, agent, or governing body of the charter school. 254 i. The sponsor’s duties to monitor the charter school shall 255 not constitute the basis for a private cause of action. 256 j. The sponsor shall not impose additional reporting 257 requirements on a charter school without providing reasonable 258 and specific justification in writing to the charter school. 259 k.

The sponsor shall submit an annual report to the 260 Department of Education in a web-based format to be determined 261

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 10 of 62 CODING: Words stricken are deletions; words underlined are additions. by the department. 262 (

I) The report must shall include the following 263 information: 264 (

A) The number of draft applications received on or before 265 May 1 and each applicant’s contact information. 266 (A)(

B) The number of final applications received on or 267 before February August 1 and each applicant’s contact 268 information. 269 (B)(

C) The date each application was approved, denied, or 270 withdrawn. 271 (C)(

D) The date each final contract was executed. 272 (II) By each November 1 Beginning August 31, 2013, and each 273 year thereafter, the sponsor shall submit to the department the 274 information for the applications submitted the previous year. 275 (III) The department shall compile an annual report, by 276 sponsor district, and post the report on its website by January 277 15 November 1 of each year. 278 2. Immunity for the sponsor of a charter school under 279 subparagraph 1. applies only with respect to acts or omissions 280 not under the sponsor’s direct authority as described in this 281 section. 282 3.

This paragraph does not waive a sponsor’s district 283 school board’s sovereign immunity. 284 4. A Florida College System institution may work with the 285 school district or school districts in its designated service 286 area to develop charter schools that offer secondary education. 287 These charter schools must include an option for students to 288 receive an associate degree upon high school graduation. If a 289 Florida College System institution operates an approved teacher 290

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 11 of 62 CODING: Words stricken are deletions; words underlined are additions. preparation program under s. 1004.04 or s. 1004.85, the 291 institution may operate no more than one charter schools school 292 that serve serves students in kindergarten through grade 12 in 293 any school district within county or counties served by the 294 institution as specified in s. 1000.21(3).

In kindergarten 295 through grade 8, the charter school shall implement innovative 296 blended learning instructional models in which, for a given 297 course, a student learns in part through online delivery of 298 content and instruction with some element of student control 299 over time, place, path, or pace and in part at a supervised 300 brick-and-mortar location away from home. A student in a blended 301 learning course must be a full-time student of the charter 302 school and receive the online instruction in a classroom setting 303 at the charter school.

District school boards shall cooperate 304 with and assist the Florida College System institution on the 305 charter application. Florida College System institution 306 applications for charter schools are not subject to the time 307 deadlines outlined in subsection (6) and may be approved by the 308 district school board at any time during the year. Florida 309 College System institutions may not report FTE for any students 310 participating under this subparagraph who receive FTE funding 311 through the Florida Education Finance Program. 312 5.

A school district may enter into nonexclusive interlocal 313 agreements with federal and state agencies, counties, 314 municipalities, and other governmental entities that operate 315 within the geographical borders of the school district to act on 316 behalf of such governmental entities in the inspection, 317 issuance, and other necessary activities for all necessary 318 permits, licenses, and other permissions that a charter school 319

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 12 of 62 CODING: Words stricken are deletions; words underlined are additions. needs in order for development, construction, or operation. A 320 charter school may use, but may not be required to use, a school 321 district for these services. The interlocal agreement must 322 include, but need not be limited to, the identification of fees 323 that charter schools will be charged for such services.

The fees 324 must consist of the governmental entity’s fees plus a fee for 325 the school district to recover no more than actual costs for 326 providing such services. These services and fees are not 327 included within the services to be provided pursuant to 328 subsection (20). 329 6. The board of trustees of a state university or a Florida 330 College System institution that sponsors a charter school as 331 provided in paragraph (

a) is the local educational agency for 332 any charter school it sponsors for the purpose of receiving 333 federal funds and shall accept full responsibility for 334 compliance with all requirements imposed by law on local 335 educational agencies and the schools for which it performs local 336 educational agency responsibilities. A student enrolled in a 337 charter school that is sponsored by a state university or a 338 Florida College System institution may not be included in the 339 calculation of the school district’s grade under s. 1008.34(5) 340 for the school district in which the student resides. 341 (

c) Sponsor accountability.— 342 1. The department, in collaboration with charter school 343 sponsors and charter school operators, shall develop a sponsor 344 evaluation framework that, at a minimum, addresses all of the 345 following: 346 a. The sponsor’s strategic vision for charter school 347 authorization and the sponsor’s progress toward that vision. 348

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 13 of 62 CODING: Words stricken are deletions; words underlined are additions. b. The alignment of the sponsor’s policies and practices 349 with best practices for charter school authorization. 350 c. The academic and financial performance of all operating 351 charter schools overseen by the sponsor. 352 d. The status of all charter schools authorized by the 353 sponsor, including approved, operating, and closed schools. 354 2. The department shall compile the results of the 355 evaluation conducted under subparagraph 1., by sponsor, and 356 include them in the annual report required under sub-sub-357 subparagraph (b)1.k.(III). 358

(6) APPLICATION PROCESS AND REVIEW.—Charter school 359 applications are subject to the following requirements: 360 (

b) A sponsor shall receive and review all applications for 361 a charter school using the evaluation instrument developed by 362 the Department of Education. A sponsor shall receive and 363 consider charter school applications received on or before 364 August 1 of each calendar year for charter schools to be opened 365 at the beginning of the school district’s next school year, or 366 to be opened at a time agreed to by the applicant and the 367 sponsor.

A sponsor may not refuse to receive a charter school 368 application submitted before August 1 and may receive an 369 application submitted later than August 1 if it chooses. 370 Beginning in 2018 and thereafter, A sponsor shall receive and 371 consider charter school applications received on or before 372 February 1 of each calendar year for charter schools to be 373 opened 18 months later at the beginning of the school district’s 374 school year, or to be opened at a time determined by the 375 applicant.

A sponsor may not refuse to receive a charter school 376 application submitted before February 1 and may receive an 377

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 14 of 62 CODING: Words stricken are deletions; words underlined are additions. application submitted later than February 1 if it chooses.

A 378 sponsor may not charge an applicant for a charter any fee for 379 the processing or consideration of an application, and a sponsor 380 may not base its consideration or approval of a final 381 application upon the promise of future payment of any kind. 382 Before approving or denying any application, the sponsor shall 383 allow the applicant, upon receipt of written notification, at 384 least 7 calendar days to make technical or nonsubstantive 385 corrections and clarifications, including, but not limited to, 386 corrections of grammatical, typographical, and like errors or 387 missing signatures, if such errors are identified by the sponsor 388 as cause to deny the final application. 389 1.

In order to facilitate an accurate budget projection 390 process, a sponsor shall be held harmless for FTE students who 391 are not included in the FTE projection due to approval of 392 charter school applications after the FTE projection deadline. 393 In a further effort to facilitate an accurate budget projection, 394 within 15 calendar days after receipt of a charter school 395 application, a sponsor shall report to the Department of 396 Education the name of the applicant entity, the proposed charter 397 school location, and its projected FTE. 398 2.

In order to ensure fiscal responsibility, an application 399 for a charter school shall include a full accounting of expected 400 assets, a projection of expected sources and amounts of income, 401 including income derived from projected student enrollments and 402 from community support, and an expense projection that includes 403 full accounting of the costs of operation, including start-up 404 costs. 405 3.a. A sponsor shall by a majority vote approve or deny an 406

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 15 of 62 CODING: Words stricken are deletions; words underlined are additions. application no later than 90 calendar days after the application 407 is received, unless the sponsor and the applicant mutually agree 408 in writing to temporarily postpone the vote to a specific date, 409 at which time the sponsor shall by a majority vote approve or 410 deny the application. If the sponsor fails to act on the 411 application, an applicant may appeal to the State Board of 412 Education as provided in paragraph (c).

If an application is 413 denied, the sponsor shall, within 10 calendar days after such 414 denial, articulate in writing the specific reasons, based upon 415 good cause, supporting its denial of the application and shall 416 provide the letter of denial and supporting documentation to the 417 applicant and to the Department of Education. 418 b.

An application submitted by a high-performing charter 419 school identified pursuant to s. 1002.331 or a high-performing 420 charter school system identified pursuant to s. 1002.332 may be 421 denied by the sponsor only if the sponsor demonstrates by clear 422 and convincing evidence that: 423 (

I) The application of a high-performing charter school 424 does not materially comply with the requirements in paragraph 425 (

a) or, for a high-performing charter school system, the 426 application does not materially comply with s. 1002.332(2)(b); 427 (II) The charter school proposed in the application does 428 not materially comply with the requirements in paragraphs 429 (9)(a)-(f); 430 (III) The proposed charter school’s educational program 431 does not substantially replicate that of the applicant or one of 432 the applicant’s high-performing charter schools; 433 (IV) The applicant has made a material misrepresentation or 434 false statement or concealed an essential or material fact 435

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 16 of 62 CODING: Words stricken are deletions; words underlined are additions. during the application process; or 436 (

V) The proposed charter school’s educational program and 437 financial management practices do not materially comply with the 438 requirements of this section. 439 440 Material noncompliance is a failure to follow requirements or a 441 violation of prohibitions applicable to charter school 442 applications, which failure is quantitatively or qualitatively 443 significant either individually or when aggregated with other 444 noncompliance.

An applicant is considered to be replicating a 445 high-performing charter school if the proposed school is 446 substantially similar to at least one of the applicant’s high-447 performing charter schools and the organization or individuals 448 involved in the establishment and operation of the proposed 449 school are significantly involved in the operation of replicated 450 schools. 451 c.

If the sponsor denies an application submitted by a 452 high-performing charter school or a high-performing charter 453 school system, the sponsor must, within 10 calendar days after 454 such denial, state in writing the specific reasons, based upon 455 the criteria in sub-subparagraph b., supporting its denial of 456 the application and must provide the letter of denial and 457 supporting documentation to the applicant and to the Department 458 of Education. The applicant may appeal the sponsor’s denial of 459 the application in accordance with paragraph (c). 460 4.

For budget projection purposes, the sponsor shall report 461 to the Department of Education the approval or denial of an 462 application within 10 calendar days after such approval or 463 denial. In the event of approval, the report to the Department 464

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 17 of 62 CODING: Words stricken are deletions; words underlined are additions. of Education shall include the final projected FTE for the 465 approved charter school. 466 5. Upon approval of an application, the initial startup 467 shall commence with the beginning of the public school calendar 468 for the district in which the charter is granted. A charter 469 school may defer the opening of the school’s operations for up 470 to 3 years to provide time for adequate facility planning.

The 471 charter school must provide written notice of such intent to the 472 sponsor and the parents of enrolled students at least 30 473 calendar days before the first day of school. 474

(7) CHARTER.—The terms and conditions for the operation of 475 a charter school shall be set forth by the sponsor and the 476 applicant in a written contractual agreement, called a charter. 477 The sponsor and the governing board of the charter school shall 478 use the standard charter contract pursuant to subsection (21), 479 which shall incorporate the approved application and any addenda 480 approved with the application.

Any term or condition of a 481 proposed charter contract that differs from the standard charter 482 contract adopted by rule of the State Board of Education shall 483 be presumed a limitation on charter school flexibility. The 484 sponsor may not impose unreasonable rules or regulations that 485 violate the intent of giving charter schools greater flexibility 486 to meet educational goals. The charter shall be signed by the 487 governing board of the charter school and the sponsor, following 488 a public hearing to ensure community input. 489 (

a) The charter shall address and criteria for approval of 490 the charter shall be based on: 491 1. The school’s mission, the students to be served, and the 492 ages and grades to be included. 493

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 18 of 62 CODING: Words stricken are deletions; words underlined are additions. 2. The focus of the curriculum, the instructional methods 494 to be used, any distinctive instructional techniques to be 495 employed, and identification and acquisition of appropriate 496 technologies needed to improve educational and administrative 497 performance which include a means for promoting safe, ethical, 498 and appropriate uses of technology which comply with legal and 499 professional standards. 500 a.

The charter shall ensure that reading is a primary focus 501 of the curriculum and that resources are provided to identify 502 and provide specialized instruction for students who are reading 503 below grade level. The curriculum and instructional strategies 504 for reading must be consistent with the Next Generation Sunshine 505 State Standards and grounded in scientifically based reading 506 research. 507 b.

In order to provide students with access to diverse 508 instructional delivery models, to facilitate the integration of 509 technology within traditional classroom instruction, and to 510 provide students with the skills they need to compete in the 511 21st century economy, the Legislature encourages instructional 512 methods for blended learning courses consisting of both 513 traditional classroom and online instructional techniques. 514 Charter schools may implement blended learning courses which 515 combine traditional classroom instruction and virtual 516 instruction.

Students in a blended learning course must be full-517 time students of the charter school pursuant to s. 518 1011.61(1)(a)1. Instructional personnel certified pursuant to s. 519 1012.55 who provide virtual instruction for blended learning 520 courses may be employees of the charter school or may be under 521 contract to provide instructional services to charter school 522

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 19 of 62 CODING: Words stricken are deletions; words underlined are additions. students. At a minimum, such instructional personnel must hold 523 an active state or school district adjunct certification under 524 s. 1012.57 for the subject area of the blended learning course. 525 The funding and performance accountability requirements for 526 blended learning courses are the same as those for traditional 527 courses. 528 3.

The current incoming baseline standard of student 529 academic achievement, the outcomes to be achieved, and the 530 method of measurement that will be used. The criteria listed in 531 this subparagraph shall include a detailed description of: 532 a. How the baseline student academic achievement levels and 533 prior rates of academic progress will be established. 534 b. How these baseline rates will be compared to rates of 535 academic progress achieved by these same students while 536 attending the charter school. 537 c.

To the extent possible, how these rates of progress will 538 be evaluated and compared with rates of progress of other 539 closely comparable student populations. 540 541 The district school board is required to provide academic 542 student performance data to charter schools for each of their 543 students coming from the district school system, as well as 544 rates of academic progress of comparable student populations in 545 the district school system. 546 4.

The methods used to identify the educational strengths 547 and needs of students and how well educational goals and 548 performance standards are met by students attending the charter 549 school. The methods shall provide a means for the charter school 550 to ensure accountability to its constituents by analyzing 551

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 20 of 62 CODING: Words stricken are deletions; words underlined are additions. student performance data and by evaluating the effectiveness and 552 efficiency of its major educational programs. Students in 553 charter schools shall, at a minimum, participate in the 554 statewide assessment program created under s. 1008.22. 555 5. In secondary charter schools, a method for determining 556 that a student has satisfied the requirements for graduation in 557 s. 1002.3105(5), s. 1003.4281, or s. 1003.4282. 558 6.

A method for resolving conflicts between the governing 559 board of the charter school and the sponsor. 560 7. The admissions procedures and dismissal procedures, 561 including the school’s code of student conduct. Admission or 562 dismissal must not be based on a student’s academic performance. 563 8. The ways by which the school will achieve a 564 racial/ethnic balance reflective of the community it serves or 565 within the racial/ethnic range of other nearby public schools in 566 the same school district. 567 9.

The financial and administrative management of the 568 school, including a reasonable demonstration of the professional 569 experience or competence of those individuals or organizations 570 applying to operate the charter school or those hired or 571 retained to perform such professional services and the 572 description of clearly delineated responsibilities and the 573 policies and practices needed to effectively manage the charter 574 school. A description of internal audit procedures and 575 establishment of controls to ensure that financial resources are 576 properly managed must be included.

Both public sector and 577 private sector professional experience shall be equally valid in 578 such a consideration. 579 10. The asset and liability projections required in the 580

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 21 of 62 CODING: Words stricken are deletions; words underlined are additions. application which are incorporated into the charter and shall be 581 compared with information provided in the annual report of the 582 charter school. 583 11.

A description of procedures that identify various risks 584 and provide for a comprehensive approach to reduce the impact of 585 losses; plans to ensure the safety and security of students and 586 staff; plans to identify, minimize, and protect others from 587 violent or disruptive student behavior; and the manner in which 588 the school will be insured, including whether or not the school 589 will be required to have liability insurance, and, if so, the 590 terms and conditions thereof and the amounts of coverage. 591 12.

The term of the charter which shall provide for 592 cancellation of the charter if insufficient progress has been 593 made in attaining the student achievement objectives of the 594 charter and if it is not likely that such objectives can be 595 achieved before expiration of the charter. The initial term of a 596 charter shall be for 5 years, excluding 2 planning years.

In 597 order to facilitate access to long-term financial resources for 598 charter school construction, charter schools that are operated 599 by a municipality or other public entity as provided by law are 600 eligible for up to a 15-year charter, subject to approval by the 601 sponsor district school board. A charter lab school is eligible 602 for a charter for a term of up to 15 years.

In addition, to 603 facilitate access to long-term financial resources for charter 604 school construction, charter schools that are operated by a 605 private, not-for-profit, s. 501(c)(3) status corporation are 606 eligible for up to a 15-year charter, subject to approval by the 607 sponsor district school board. Such long-term charters remain 608 subject to annual review and may be terminated during the term 609

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 22 of 62 CODING: Words stricken are deletions; words underlined are additions. of the charter, but only according to the provisions set forth 610 in subsection (8). 611 13. The facilities to be used and their location. The 612 sponsor may not require a charter school to have a certificate 613 of occupancy or a temporary certificate of occupancy for such a 614 facility earlier than 15 calendar days before the first day of 615 school. 616 14.

The qualifications to be required of the teachers and 617 the potential strategies used to recruit, hire, train, and 618 retain qualified staff to achieve best value. 619 15. The governance structure of the school, including the 620 status of the charter school as a public or private employer as 621 required in paragraph (12)(i). 622 16. A timetable for implementing the charter which 623 addresses the implementation of each element thereof and the 624 date by which the charter shall be awarded in order to meet this 625 timetable. 626 17.

In the case of an existing public school that is being 627 converted to charter status, alternative arrangements for 628 current students who choose not to attend the charter school and 629 for current teachers who choose not to teach in the charter 630 school after conversion in accordance with the existing 631 collective bargaining agreement or district school board rule in 632 the absence of a collective bargaining agreement.

However, 633 alternative arrangements shall not be required for current 634 teachers who choose not to teach in a charter lab school, except 635 as authorized by the employment policies of the state university 636 which grants the charter to the lab school. 637 18. Full disclosure of the identity of all relatives 638

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 23 of 62 CODING: Words stricken are deletions; words underlined are additions. employed by the charter school who are related to the charter 639 school owner, president, chairperson of the governing board of 640 directors, superintendent, governing board member, principal, 641 assistant principal, or any other person employed by the charter 642 school who has equivalent decisionmaking authority.

For the 643 purpose of this subparagraph, the term “relative” means father, 644 mother, son, daughter, brother, sister, uncle, aunt, first 645 cousin, nephew, niece, husband, wife, father-in-law, mother-in-646 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, 647 stepfather, stepmother, stepson, stepdaughter, stepbrother, 648 stepsister, half brother, or half sister. 649 19. Implementation of the activities authorized under s. 650 1002.331 by the charter school when it satisfies the eligibility 651 requirements for a high-performing charter school.

A high-652 performing charter school shall notify its sponsor in writing by 653 March 1 if it intends to increase enrollment or expand grade 654 levels the following school year. The written notice shall 655 specify the amount of the enrollment increase and the grade 656 levels that will be added, as applicable. 657 (

d) A charter may be modified during its initial term or 658 any renewal term upon the recommendation of the sponsor or the 659 charter school’s governing board and the approval of both 660 parties to the agreement. Modification during any term may 661 include, but is not limited to, consolidation of multiple 662 charters into a single charter if the charters are operated 663 under the same governing board, regardless of the renewal cycle. 664 A charter school that is not subject to a school improvement 665 plan and that closes as part of a consolidation shall be 666 reported by the sponsor school district as a consolidation. 667

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(8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.— 668 (

c) A charter may be terminated immediately if the sponsor 669 sets forth in writing the particular facts and circumstances 670 demonstrating indicating that an immediate and serious danger to 671 the health, safety, or welfare of the charter school’s students 672 exists, that the immediate and serious danger is likely to 673 continue, and that an immediate termination of the charter is 674 necessary. The sponsor’s determination is subject to the 675 procedures set forth in paragraph (b), except that the hearing 676 may take place after the charter has been terminated.

The 677 sponsor shall notify in writing the charter school’s governing 678 board, the charter school principal, and the department of the 679 facts and circumstances supporting the emergency termination if 680 a charter is terminated immediately. The sponsor shall clearly 681 identify the specific issues that resulted in the immediate 682 termination and provide evidence of prior notification of issues 683 resulting in the immediate termination, if applicable when 684 appropriate.

Upon receiving written notice from the sponsor, the 685 charter school’s governing board has 10 calendar days to request 686 a hearing. A requested hearing must be expedited and the final 687 order must be issued within 60 days after the date of request. 688 The sponsor shall assume operation of the charter school 689 throughout the pendency of the hearing under paragraph (b) 690 unless the continued operation of the charter school would 691 materially threaten the health, safety, or welfare of the 692 students.

Failure by the sponsor to assume and continue 693 operation of the charter school shall result in the awarding of 694 reasonable costs and attorney’s fees to the charter school if 695 the charter school prevails on appeal. 696

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 25 of 62 CODING: Words stricken are deletions; words underlined are additions. (

d) When a charter is not renewed or is terminated, the 697 school shall be dissolved under the provisions of law under 698 which the school was organized, and any unencumbered public 699 funds, except for capital outlay funds and federal charter 700 school program grant funds, from the charter school shall revert 701 to the sponsor. Capital outlay funds provided pursuant to s. 702 1013.62 and federal charter school program grant funds that are 703 unencumbered shall revert to the department to be redistributed 704 among eligible charter schools.

In the event a charter school is 705 dissolved or is otherwise terminated, all sponsor district 706 school board property and improvements, furnishings, and 707 equipment purchased with public funds shall automatically revert 708 to full ownership by the sponsor district school board, subject 709 to complete satisfaction of any lawful liens or encumbrances. 710 Any unencumbered public funds from the charter school, district 711 school board property and improvements, furnishings, and 712 equipment purchased with public funds, or financial or other 713 records pertaining to the charter school, in the possession of 714 any person, entity, or holding company, other than the charter 715 school, shall be held in trust upon the sponsor’s district 716 school board’s request, until any appeal status is resolved. 717 (

e) If a charter is not renewed or is terminated, the 718 charter school is responsible for all debts of the charter 719 school. The sponsor district may not assume the debt from any 720 contract made between the governing body of the school and a 721 third party, except for a debt that is previously detailed and 722 agreed upon in writing by both the sponsor district and the 723 governing body of the school and that may not reasonably be 724 assumed to have been satisfied by the sponsor district. 725

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 26 of 62 CODING: Words stricken are deletions; words underlined are additions.

(9) CHARTER SCHOOL REQUIREMENTS.— 726 (g)1. In order to provide financial information that is 727 comparable to that reported for other public schools, charter 728 schools are to maintain all financial records that constitute 729 their accounting system: 730 a. In accordance with the accounts and codes prescribed in 731 the most recent issuance of the publication titled “Financial 732 and Program Cost Accounting and Reporting for Florida Schools”; 733 or 734 b.

At the discretion of the charter school’s governing 735 board, a charter school may elect to follow generally accepted 736 accounting standards for not-for-profit organizations, but must 737 reformat this information for reporting according to this 738 paragraph. 739 2. Charter schools shall provide annual financial report 740 and program cost report information in the state-required 741 formats for inclusion in sponsor district reporting in 742 compliance with s. 1011.60(1).

Charter schools that are operated 743 by a municipality or are a component unit of a parent nonprofit 744 organization may use the accounting system of the municipality 745 or the parent but must reformat this information for reporting 746 according to this paragraph. 747 3. A charter school shall, upon approval of the charter 748 contract, provide the sponsor with a concise, uniform, monthly 749 financial statement

summary sheet that contains a balance sheet 750 and a statement of revenue, expenditures, and changes in fund 751 balance. The balance sheet and the statement of revenue, 752 expenditures, and changes in fund balance shall be in the 753 governmental funds format prescribed by the Governmental 754

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 27 of 62 CODING: Words stricken are deletions; words underlined are additions. Accounting Standards Board. A high-performing charter school 755 pursuant to s. 1002.331 may provide a quarterly financial 756 statement in the same format and requirements as the uniform 757 monthly financial statement

summary sheet. The sponsor shall 758 review each monthly or quarterly financial statement to identify 759 the existence of any conditions identified in s. 1002.345(1)(a). 760 4. A charter school shall maintain and provide financial 761 information as required in this paragraph. The financial 762 statement required in subparagraph 3. must be in a form 763 prescribed by the Department of Education. 764 (n)1.

The director and a representative of the governing 765 board of a charter school that has earned a grade of “D” or “F” 766 pursuant to s. 1008.34 shall appear before the sponsor to 767 present information concerning each contract component having 768 noted deficiencies. The director and a representative of the 769 governing board shall submit to the sponsor for approval a 770 school improvement plan to raise student performance. Upon 771 approval by the sponsor, the charter school shall begin 772 implementation of the school improvement plan.

The department 773 shall offer technical assistance and training to the charter 774 school and its governing board and establish guidelines for 775 developing, submitting, and approving such plans. 776 2.a. If a charter school earns three consecutive grades 777 below a “C,” the charter school governing board shall choose one 778 of the following corrective actions: 779 (

I) Contract for educational services to be provided 780 directly to students, instructional personnel, and school 781 administrators, as prescribed in state board rule; 782 (II) Contract with an outside entity that has a 783

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 28 of 62 CODING: Words stricken are deletions; words underlined are additions. demonstrated record of effectiveness to operate the school; 784 (III) Reorganize the school under a new director or 785 principal who is authorized to hire new staff; or 786 (IV) Voluntarily close the charter school. 787 b. The charter school must implement the corrective action 788 in the school year following receipt of a third consecutive 789 grade below a “C.” 790 c.

The sponsor may annually waive a corrective action if it 791 determines that the charter school is likely to improve a letter 792 grade if additional time is provided to implement the 793 intervention and support strategies prescribed by the school 794 improvement plan. Notwithstanding this sub-subparagraph, a 795 charter school that earns a second consecutive grade of “F” is 796 subject to subparagraph 3. 797 d. A charter school is no longer required to implement a 798 corrective action if it improves to a “C” or higher.

However, 799 the charter school must continue to implement strategies 800 identified in the school improvement plan. The sponsor must 801 annually review implementation of the school improvement plan to 802 monitor the school’s continued improvement pursuant to 803 subparagraph 4. 804 e. A charter school implementing a corrective action that 805 does not improve to a “C” or higher after 2 full school years of 806 implementing the corrective action must select a different 807 corrective action.

Implementation of the new corrective action 808 must begin in the school year following the implementation 809 period of the existing corrective action, unless the sponsor 810 determines that the charter school is likely to improve to a “C” 811 or higher if additional time is provided to implement the 812

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 29 of 62 CODING: Words stricken are deletions; words underlined are additions. existing corrective action. Notwithstanding this sub-813 subparagraph, a charter school that earns a second consecutive 814 grade of “F” while implementing a corrective action is subject 815 to subparagraph 3. 816 3. A charter school’s charter contract is automatically 817 terminated if the school earns two consecutive grades of “F” 818 after all school grade appeals are final unless: 819 a.

The charter school is established to turn around the 820 performance of a district public school pursuant to s. 821 1008.33(4)(b)2. Such charter schools shall be governed by s. 822 1008.33; 823 b. The charter school serves a student population the 824 majority of which resides in a school zone served by a district 825 public school subject to s. 1008.33(4) and the charter school 826 earns at least a grade of “D” in its third year of operation. 827 The exception provided under this sub-subparagraph does not 828 apply to a charter school in its fourth year of operation and 829 thereafter; or 830 c.

The state board grants the charter school a waiver of 831 termination. The charter school must request the waiver within 832 15 days after the department’s official release of school 833 grades. The state board may waive termination if the charter 834 school demonstrates that the Learning Gains of its students on 835 statewide assessments are comparable to or better than the 836 Learning Gains of similarly situated students enrolled in nearby 837 district public schools. The waiver is valid for 1 year and may 838 only be granted once.

Charter schools that have been in 839 operation for more than 5 years are not eligible for a waiver 840 under this sub-subparagraph. 841

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 30 of 62 CODING: Words stricken are deletions; words underlined are additions. 842 The sponsor shall notify the charter school’s governing board, 843 the charter school principal, and the department in writing when 844 a charter contract is terminated under this subparagraph. A 845 charter terminated under this subparagraph must follow the 846 procedures for dissolution and reversion of public funds 847 pursuant to paragraphs (8)(d)-(

f) and (9)(o). 848 4. The director and a representative of the governing board 849 of a graded charter school that has implemented a school 850 improvement plan under this paragraph shall appear before the 851 sponsor at least once a year to present information regarding 852 the progress of intervention and support strategies implemented 853 by the school pursuant to the school improvement plan and 854 corrective actions, if applicable. The sponsor shall communicate 855 at the meeting, and in writing to the director, the services 856 provided to the school to help the school address its 857 deficiencies. 858 5.

Notwithstanding any provision of this paragraph except 859 sub-subparagraphs 3.a.-c., the sponsor may terminate the charter 860 at any time pursuant to subsection (8). 861

(10) ELIGIBLE STUDENTS.— 862 (

e) A charter school may limit the enrollment process only 863 to target the following student populations: 864 1. Students within specific age groups or grade levels. 865 2. Students considered at risk of dropping out of school or 866 academic failure. Such students shall include exceptional 867 education students. 868 3. Students enrolling in a charter school-in-the-workplace 869 or charter school-in-a-municipality established pursuant to 870

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 31 of 62 CODING: Words stricken are deletions; words underlined are additions. subsection (15). 871 4. Students residing within a reasonable distance of the 872 charter school, as described in paragraph (20)(c).

Such students 873 shall be subject to a random lottery and to the racial/ethnic 874 balance provisions described in subparagraph (7)(a)8. or any 875 federal provisions that require a school to achieve a 876 racial/ethnic balance reflective of the community it serves or 877 within the racial/ethnic range of other nearby public schools in 878 the same school district. 879 5.

Students who meet reasonable academic, artistic, or 880 other eligibility standards established by the charter school 881 and included in the charter school application and charter or, 882 in the case of existing charter schools, standards that are 883 consistent with the school’s mission and purpose. Such standards 884 shall be in accordance with current state law and practice in 885 public schools and may not discriminate against otherwise 886 qualified individuals. 887 6.

Students articulating from one charter school to another 888 pursuant to an articulation agreement between the charter 889 schools that has been approved by the sponsor. 890 7.

Students living in a development in which a developer, 891 including any affiliated business entity or charitable 892 foundation, contributes to the formation, acquisition, 893 construction, or operation of one or more charter schools or 894 charter provides the school facilities facility and related 895 property in an amount equal to or having a total an appraised 896 value of at least $5 million to be used as a charter schools 897 school to mitigate the educational impact created by the 898 development of new residential dwelling units. Students living 899

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 32 of 62 CODING: Words stricken are deletions; words underlined are additions. in the development are shall be entitled to no more than 50 900 percent of the student stations in the charter schools school. 901 The students who are eligible for enrollment are subject to a 902 random lottery, the racial/ethnic balance provisions, or any 903 federal provisions, as described in subparagraph 4. The 904 remainder of the student stations must shall be filled in 905 accordance with subparagraph 4. 906

(14) CHARTER SCHOOL FINANCIAL ARRANGEMENTS; INDEMNIFICATION 907 OF THE STATE AND SPONSOR SCHOOL DISTRICT; CREDIT OR TAXING POWER 908 NOT TO BE PLEDGED.—Any arrangement entered into to borrow or 909 otherwise secure funds for a charter school authorized in this 910

section from a source other than the state or a sponsor school 911 district shall indemnify the state and the sponsor school 912 district from any and all liability, including, but not limited 913 to, financial responsibility for the payment of the principal or 914 interest. Any loans, bonds, or other financial agreements are 915 not obligations of the state or the sponsor school district but 916 are obligations of the charter school authority and are payable 917 solely from the sources of funds pledged by such agreement.

The 918 credit or taxing power of the state or the sponsor may school 919 district shall not be pledged and no debts are shall be payable 920 out of any moneys except those of the legal entity in possession 921 of a valid charter approved by a sponsor district school board 922 pursuant to this section. 923

(15) CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER SCHOOLS-IN-924 A-MUNICIPALITY.— 925 (

c) A charter school-in-a-municipality designation may be 926 granted to a municipality that possesses a charter; enrolls 927 students based upon a random lottery that involves all of the 928

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 33 of 62 CODING: Words stricken are deletions; words underlined are additions. children of the residents of that municipality who are seeking 929 enrollment, as provided for in subsection (10); and enrolls 930 students according to the racial/ethnic balance provisions 931 described in subparagraph (7)(a)8.

When a municipality has 932 submitted charter applications for the establishment of a 933 charter school feeder pattern, consisting of elementary, middle, 934 and senior high schools, and each individual charter application 935 is approved by the sponsor district school board, such schools 936 shall then be designated as one charter school for all purposes 937 listed pursuant to this section. Any portion of the land and 938 facility used for a public charter school shall be exempt from 939 ad valorem taxes, as provided for in s. 1013.54, for the 940 duration of its use as a public school. 941

(17) FUNDING.—Students enrolled in a charter school, 942 regardless of the sponsorship, shall be funded as if they are in 943 a basic program or a special program, the same as students 944 enrolled in other public schools in the school district. Funding 945 for a charter lab school shall be as provided in s. 1002.32. 946 (

a) Each charter school shall report its student enrollment 947 to the sponsor as required in s. 1011.62, and in accordance with 948 the

definitions in s. 1011.61. The sponsor shall include each 949 charter school’s enrollment in the sponsor’s district’s report 950 of student enrollment. All charter schools submitting student 951 record information required by the Department of Education shall 952 comply with the Department of Education’s guidelines for 953 electronic data formats for such data, and all sponsors 954 districts shall accept electronic data that complies with the 955 Department of Education’s electronic format. 956 (b)1. The basis for the agreement for funding students 957

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 34 of 62 CODING: Words stricken are deletions; words underlined are additions. enrolled in a charter school shall be the sum of the school 958 district’s operating funds from the Florida Education Finance 959 Program as provided in s. 1011.62 and the General Appropriations 960 Act, including gross state and local funds, discretionary 961 lottery funds, and funds from the school district’s current 962 operating discretionary millage levy; divided by total funded 963 weighted full-time equivalent students in the school district; 964 and multiplied by the weighted full-time equivalent students for 965 the charter school.

Charter schools whose students or programs 966 meet the eligibility criteria in law are entitled to their 967 proportionate share of categorical program funds included in the 968 total funds available in the Florida Education Finance Program 969 by the Legislature, including transportation, the research-based 970 reading allocation, and the Florida digital classrooms 971 allocation.

Total funding for each charter school shall be 972 recalculated during the year to reflect the revised calculations 973 under the Florida Education Finance Program by the state and the 974 actual weighted full-time equivalent students reported by the 975 charter school during the full-time equivalent student survey 976 periods designated by the Commissioner of Education.

For charter 977 schools operated by a not-for-profit or municipal entity, any 978 unrestricted current and capital assets identified in the 979 charter school’s annual financial audit may be used for other 980 charter schools operated by the not-for-profit or municipal 981 entity within the school district. Unrestricted current assets 982 shall be used in accordance with s. 1011.62, and any 983 unrestricted capital assets shall be used in accordance with s. 984 1013.62(2). 985 2.a. Students enrolled in a charter school sponsored by a 986

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 35 of 62 CODING: Words stricken are deletions; words underlined are additions. state university or a Florida College System institution 987 pursuant to paragraph (5)(

a) must be funded as if they are in a 988 basic program or a special program in the school district.

The 989 basis for funding these students is the sum of the total 990 operating funds from the Florida Education Finance Program for 991 the school district in which the school is located as provided 992 in s. 1011.62 and the General Appropriations Act, including 993 gross state and local funds, discretionary lottery funds, and 994 funds from each school district’s current operating 995 discretionary millage levy; divided by the total funded weighted 996 full-time equivalent students in the district; and multiplied by 997 the full-time equivalent membership of the charter school.

The 998 Department of Education shall develop a tool that each state 999 university or Florida College System institution that sponsors a 1000 charter school must use for purposes of calculating the funding 1001 amount for each eligible charter school student. The total 1002 amount obtained on the basis of the calculation must be 1003 appropriated to the charter school from state funds in the 1004 General Appropriations Act. 1005 b. Capital outlay funding for a charter school sponsored by 1006 a state university or a Florida College System institution 1007 pursuant to paragraph (5)(

a) is determined pursuant to s. 1008 1013.62 and the General Appropriations Act. 1009 (

e) Sponsors District school boards shall make timely and 1010 efficient payment and reimbursement to charter schools, 1011 including processing paperwork required to access special state 1012 and federal funding for which they may be eligible. Payments of 1013 funds under paragraph (

b) shall be made monthly or twice a 1014 month, beginning with the start of the sponsor’s district school 1015

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 36 of 62 CODING: Words stricken are deletions; words underlined are additions. board’s fiscal year. Each payment shall be one-twelfth, or one 1016 twenty-fourth, as applicable, of the total state and local funds 1017 described in paragraph (

b) and adjusted as set forth therein. 1018 For the first 2 years of a charter school’s operation, if a 1019 minimum of 75 percent of the projected enrollment is entered 1020 into the sponsor’s student information system by the first day 1021 of the current month, the sponsor district school board shall 1022 distribute funds to the school for the months of July through 1023 October based on the projected full-time equivalent student 1024 membership of the charter school as submitted in the approved 1025 application.

If less than 75 percent of the projected enrollment 1026 is entered into the sponsor’s student information system by the 1027 first day of the current month, the sponsor shall base payments 1028 on the actual number of student enrollment entered into the 1029 sponsor’s student information system. Thereafter, the results of 1030 full-time equivalent student membership surveys shall be used in 1031 adjusting the amount of funds distributed monthly to the charter 1032 school for the remainder of the fiscal year.

The payments shall 1033 be issued no later than 10 working days after the sponsor 1034 district school board receives a distribution of state or 1035 federal funds or the date the payment is due pursuant to this 1036 subsection.

If a warrant for payment is not issued within 10 1037 working days after receipt of funding by the sponsor district 1038 school board, the sponsor school district shall pay to the 1039 charter school, in addition to the amount of the scheduled 1040 disbursement, interest at a rate of 1 percent per month 1041 calculated on a daily basis on the unpaid balance from the 1042 expiration of the 10 working days until such time as the warrant 1043 is issued. The district school board may not delay payment to a 1044

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 37 of 62 CODING: Words stricken are deletions; words underlined are additions. charter school of any portion of the funds provided in paragraph 1045 (

b) based on the timing of receipt of local funds by the 1046 district school board. 1047

(18) FACILITIES.— 1048 (

a) A startup charter school shall utilize facilities which 1049 comply with the Florida Building Code pursuant to

chapter 553 1050 except for the State Requirements for Educational Facilities. 1051 Conversion charter schools shall utilize facilities that comply 1052 with the State Requirements for Educational Facilities provided 1053 that the school district and the charter school have entered 1054 into a mutual management plan for the reasonable maintenance of 1055 such facilities. The mutual management plan shall contain a 1056 provision by which the district school board agrees to maintain 1057 charter school facilities in the same manner as its other public 1058 schools within the district.

Charter schools, with the exception 1059 of conversion charter schools, are not required to comply, but 1060 may choose to comply, with the State Requirements for 1061 Educational Facilities of the Florida Building Code adopted 1062 pursuant to s. 1013.37.

The local governing authority shall not 1063 adopt or impose any local building requirements or site-1064 development restrictions, such as parking and site-size 1065 criteria, student enrollment, and occupant load, that are 1066 addressed by and more stringent than those found in the State 1067 Requirements for Educational Facilities of the Florida Building 1068 Code. A local governing authority must treat charter schools 1069 equitably in comparison to similar requirements, restrictions, 1070 and site planning processes imposed upon public schools that are 1071 not charter schools.

Within 14 days after receiving a request 1072 from a charter school, the local governing authority for that 1073

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 38 of 62 CODING: Words stricken are deletions; words underlined are additions. school shall provide a written justification for any challenged 1074 requirements, restrictions, and site planning processes. The 1075 agency having jurisdiction for inspection of a facility and 1076 issuance of a certificate of occupancy or use shall be the local 1077 municipality or, if in an unincorporated area, the county 1078 governing authority.

If an official or employee of the local 1079 governing authority refuses to comply with this paragraph, the 1080 aggrieved school or entity has an immediate right to bring an 1081 action in circuit court to enforce its rights by injunction. If 1082 the court finds that the local governing authority failed to 1083 treat the charter school equitably, the court shall award 1084 attorney fees and court costs to the charter school. An 1085 aggrieved party that receives injunctive relief may be awarded 1086 attorney fees and court costs. 1087 (

c) Any facility, or portion thereof, used to house a 1088 charter school whose charter has been approved by the sponsor 1089 and the governing board, pursuant to subsection (7), is shall be 1090 exempt from ad valorem taxes pursuant to s. 196.1983.

Libraries, 1091 community organizations, museums, performing arts organizations, 1092 theaters, cinemas, churches and other places of worship, and 1093 Florida College System institutions Library, community service, 1094 museum, performing arts, theatre, cinema, church, Florida 1095 College System institution, college, and university facilities 1096 may provide space to charter schools within their facilities 1097 under their preexisting zoning and land use designations.

Local 1098 governing authorities may not impose any additional 1099 requirements, including, without limitation, without obtaining a 1100 special exception, rezoning, or a land use changes, or other 1101 site-specific or use requirements or processes. 1102

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 39 of 62 CODING: Words stricken are deletions; words underlined are additions. 1103 The educational occupant load for the charter school within 1104 these facilities shall be based solely on the criteria set forth 1105 in the Florida Building Code and the Florida Fire Prevention 1106 Code. No other restrictions on the number of students in the 1107 facility apply change. 1108 (

e) If a district school board facility or property is 1109 available because it is surplus, marked for disposal, or 1110 otherwise unused, it shall be provided for a charter school’s 1111 use on the same basis as it is made available to other public 1112 schools in the district. A charter school receiving property 1113 from the sponsor school district may not sell or dispose of such 1114 property without written permission of the sponsor school 1115 district.

Similarly, for an existing public school converting to 1116 charter status, no rental or leasing fee for the existing 1117 facility or for the property normally inventoried to the 1118 conversion school may be charged by the district school board to 1119 the parents and teachers organizing the charter school. The 1120 charter school shall agree to reasonable maintenance provisions 1121 in order to maintain the facility in a manner similar to 1122 district school board standards.

The Public Education Capital 1123 Outlay maintenance funds or any other maintenance funds 1124 generated by the facility operated as a conversion school shall 1125 remain with the conversion school. A school district may enter 1126 into an agreement to plan, design, and construct a charter 1127 school and may serve as one or more of the following with regard 1128 to the property and building: 1129 1. The financial agent. 1130 2. The lienholder. 1131

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 40 of 62 CODING: Words stricken are deletions; words underlined are additions. 3. The lessor. 1132

(20) SERVICES.— 1133 (a)1. A sponsor shall provide certain administrative and 1134 educational services to charter schools.

These services shall 1135 include contract management services; full-time equivalent and 1136 data reporting services; exceptional student education 1137 administration services; services related to eligibility and 1138 reporting duties required to ensure that school lunch services 1139 under the National School Lunch Program, consistent with the 1140 needs of the charter school, are provided by the sponsor school 1141 district at the request of the charter school, that any funds 1142 due to the charter school under the National School Lunch 1143 Program be paid to the charter school as soon as the charter 1144 school begins serving food under the National School Lunch 1145 Program, and that the charter school is paid at the same time 1146 and in the same manner under the National School Lunch Program 1147 as other public schools serviced by the sponsor or the school 1148 district; test administration services, including payment of the 1149 costs of state-required or district-required student 1150 assessments; processing of teacher certificate data services; 1151 and information services, including equal access to the 1152 sponsor’s student information systems that are used by public 1153 schools in the district in which the charter school is located 1154 or, if the sponsor is not a school district, by schools in the 1155 sponsor’s portfolio of charter schools.

Student performance data 1156 for each student in a charter school, including, but not limited 1157 to, FCAT scores, standardized test scores, previous public 1158 school student report cards, and student performance measures, 1159 shall be provided by the sponsor to a charter school in the same 1160

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 41 of 62 CODING: Words stricken are deletions; words underlined are additions. manner provided to other public schools in the district or, if 1161 the sponsor is not a school district, by schools in the 1162 sponsor’s portfolio of charter schools. 1163 2. A sponsor may withhold an administrative fee for the 1164 provision of such services which shall be a percentage of the 1165 available funds defined in paragraph (17)(

b) calculated based on 1166 weighted full-time equivalent students. If the charter school 1167 serves 75 percent or more exceptional education students as 1168 defined in s. 1003.01(3), the percentage shall be calculated 1169 based on unweighted full-time equivalent students. The 1170 administrative fee shall be calculated as follows: 1171 a. Up to 5 percent for: 1172 (

I) Enrollment of up to and including 250 students in a 1173 charter school as defined in this section. 1174 (II) Enrollment of up to and including 500 students within 1175 a charter school system which meets all of the following: 1176 (

A) Includes conversion charter schools and nonconversion 1177 charter schools. 1178 (

B) Has all of its schools located in the same county. 1179 (

C) Has a total enrollment exceeding the total enrollment 1180 of at least one school district in the state. 1181 (

D) Has the same governing board for all of its schools. 1182 (

E) Does not contract with a for-profit service provider 1183 for management of school operations. 1184 (III) Enrollment of up to and including 250 students in a 1185 virtual charter school. 1186 b. Up to 2 percent for enrollment of up to and including 1187 250 students in a high-performing charter school as defined in 1188 s. 1002.331. 1189

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 42 of 62 CODING: Words stricken are deletions; words underlined are additions. 3. A sponsor may not charge charter schools any additional 1190 fees or surcharges for administrative and educational services 1191 in addition to the maximum percentage of administrative fees 1192 withheld pursuant to this paragraph. 1193 4. A sponsor shall provide to the department by September 1194 15 of each year the total amount of funding withheld from 1195 charter schools pursuant to this subsection for the prior fiscal 1196 year.

The department must include the information in the report 1197 required under sub-sub-subparagraph (5)(b)1.k.(III). 1198 (

b) If goods and services are made available to the charter 1199 school through the contract with the sponsor school district, 1200 they shall be provided to the charter school at a rate no 1201 greater than the sponsor’s district’s actual cost unless 1202 mutually agreed upon by the charter school and the sponsor in a 1203 contract negotiated separately from the charter.

When mediation 1204 has failed to resolve disputes over contracted services or 1205 contractual matters not included in the charter, an appeal may 1206 be made to an administrative law judge appointed by the Division 1207 of Administrative Hearings. The administrative law judge has 1208 final order authority to rule on the dispute. The administrative 1209 law judge shall award the prevailing party reasonable attorney 1210 fees and costs incurred during the mediation process, 1211 administrative proceeding, and any appeals, to be paid by the 1212 party whom the administrative law judge rules against.

To 1213 maximize the use of state funds, sponsors school districts shall 1214 allow charter schools to participate in the sponsor’s bulk 1215 purchasing program if applicable. 1216 (

c) Transportation of charter school students shall be 1217 provided by the charter school consistent with the requirements 1218

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 43 of 62 CODING: Words stricken are deletions; words underlined are additions. of subpart I.E. of

chapter 1006 and s. 1012.45. The governing 1219 body of the charter school may provide transportation through an 1220 agreement or contract with the sponsor district school board, a 1221 private provider, or parents. The charter school and the sponsor 1222 shall cooperate in making arrangements that ensure that 1223 transportation is not a barrier to equal access for all students 1224 residing within a reasonable distance of the charter school as 1225 determined in its charter. 1226 (

d) Each charter school shall annually complete and submit 1227 a survey, provided in a format specified by the Department of 1228 Education, to rate the timeliness and quality of services 1229 provided by the sponsor district in accordance with this 1230 section. The department shall compile the results, by sponsor 1231 district, and include the results in the report required under 1232 sub-sub-subparagraph (5)(b)1.k.(III). 1233

(21) PUBLIC INFORMATION ON CHARTER SCHOOLS.— 1234 (

a) The Department of Education shall provide information 1235 to the public, directly and through sponsors, on how to form and 1236 operate a charter school and how to enroll in a charter school 1237 once it is created. This information shall include the standard 1238 application form, standard charter contract, standard evaluation 1239 instrument, and standard charter renewal contract, which shall 1240 include the information specified in subsection (7) and shall be 1241 developed by consulting and negotiating with both sponsors 1242 school districts and charter schools before implementation.

The 1243 charter and charter renewal contracts shall be used by charter 1244 school sponsors. 1245 (b)1. The Department of Education shall report to each 1246 charter school receiving a school grade pursuant to s. 1008.34 1247

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 44 of 62 CODING: Words stricken are deletions; words underlined are additions. or a school improvement rating pursuant to s. 1008.341 the 1248 school’s student assessment data. 1249 2. The charter school shall report the information in 1250 subparagraph 1. to each parent of a student at the charter 1251 school, the parent of a child on a waiting list for the charter 1252 school, the sponsor district in which the charter school is 1253 located, and the governing board of the charter school.

This 1254 paragraph does not abrogate the provisions of s. 1002.22, 1255 relating to student records, or the requirements of 20 U.S.C. s. 1256 1232g, the Family Educational Rights and Privacy Act. 1257

(25) LOCAL EDUCATIONAL AGENCY STATUS FOR CERTAIN CHARTER 1258 SCHOOL SYSTEMS.— 1259 (

a) A charter school system’s governing board shall be 1260 designated a local educational agency for the purpose of 1261 receiving federal funds, the same as though the charter school 1262 system were a school district, if the governing board of the 1263 charter school system has adopted and filed a resolution with 1264 its sponsor sponsoring district school board and the Department 1265 of Education in which the governing board of the charter school 1266 system accepts the full responsibility for all local education 1267 agency requirements and the charter school system meets all of 1268 the following: 1269 1.

Has all schools located in the same county; 1270 2. Has a total enrollment exceeding the total enrollment of 1271 at least one school district in the state; and 1272 3. Has the same governing board. 1273 1274 Such designation does not apply to other provisions unless 1275 specifically provided in law. 1276

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 45 of 62 CODING: Words stricken are deletions; words underlined are additions.

(28) RULEMAKING.—The Department of Education, after 1277 consultation with sponsors school districts and charter school 1278 directors, shall recommend that the State Board of Education 1279 adopt rules to implement specific subsections of this section. 1280 Such rules shall require minimum paperwork and shall not limit 1281 charter school flexibility authorized by statute.

The State 1282 Board of Education shall adopt rules, pursuant to ss. 120.536(1) 1283 and 120.54, to implement a standard charter application form, 1284 standard application form for the replication of charter schools 1285 in a high-performing charter school system, standard evaluation 1286 instrument, and standard charter and charter renewal contracts 1287 in accordance with this section. 1288

Section 3. Paragraph (

d) of subsection (7) and paragraph 1289 (

b) of subsection (10) of

section 1002.333, Florida Statutes, 1290 are amended to read: 1291 1002.333 Persistently low-performing schools.— 1292

(7) FACILITIES.— 1293 (

d) No later than January October 1 of each year, the 1294 department each school district shall annually provide to school 1295 districts the Department of Education a list of all underused, 1296 vacant, or surplus facilities owned or operated by the school 1297 district, as reported in the Florida Inventory of School Houses. 1298 A school district may provide evidence to the department within 1299 30 days after the list is provided that it contains errors or 1300 omissions.

No later than April 1 of each year, the department 1301 shall update and publish a final list of all underused, vacant, 1302 or surplus facilities owned or operated by each school district, 1303 based upon the updated information provided by each school 1304 district. A hope operator establishing a school of hope may use 1305

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 46 of 62 CODING: Words stricken are deletions; words underlined are additions. an educational facility identified in this paragraph at no cost 1306 or at a mutually agreeable cost not to exceed $600 per student. 1307 A hope operator using a facility pursuant to this paragraph may 1308 not sell or dispose of such facility without the written 1309 permission of the school district.

For purposes of this 1310 paragraph, the term “underused, vacant, or surplus facility” 1311 means an entire facility or portion thereof which is not fully 1312 used or is used irregularly or intermittently by the school 1313 district for instructional or program use. 1314

(10) SCHOOLS OF HOPE PROGRAM.—The Schools of Hope Program 1315 is created within the Department of Education. 1316 (

b) Notwithstanding s. 216.301 and pursuant to s. 216.351, 1317 funds allocated for the purpose of this subsection which are not 1318 disbursed by June 30 of the fiscal year in which the funds are 1319 allocated may be carried forward for up to 7 5 years after the 1320 effective date of the original appropriation. 1321

Section 4. Paragraph (

a) of subsection (1) of

section 1322 1003.493, Florida Statutes, is amended to read: 1323 1003.493 Career and professional academies and career-1324 themed courses.— 1325 (1)(

a) A “career and professional academy” is a research-1326 based program that integrates a rigorous academic curriculum 1327 with an industry-specific curriculum aligned directly to 1328 priority workforce needs established by the local workforce 1329 development board or the Department of Economic Opportunity. 1330 Career and professional academies must shall be offered by 1331 public schools and school districts and may be offered by 1332 charter schools. The Florida Virtual School is encouraged to 1333 develop and offer rigorous career and professional courses as 1334

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 47 of 62 CODING: Words stricken are deletions; words underlined are additions. appropriate. Students completing career and professional academy 1335 programs must receive a standard high school diploma, the 1336 highest available industry certification, and opportunities to 1337 earn postsecondary credit if the academy partners with a 1338 postsecondary institution approved to operate in the state. 1339

Section

Section 1013.385, Florida Statutes, is amended 1340 to read: 1341 1013.385 School district construction flexibility.— 1342

(1) Upon a majority vote at a public meeting that begins no 1343 earlier than 5 p.m., a district school board may, with a 1344 majority vote at a public meeting that begins no earlier than 5 1345 p.m., adopt a resolution to implement exceptions to s. 453 of 1346 the Florida Building Code which one or more of the exceptions to 1347 the educational facilities construction requirements provided in 1348 this section. 1349

(2) A resolution adopted under this

section may propose 1350 implementation of exceptions to requirements of the uniform 1351 statewide building code for the planning and construction of 1352 public educational and ancillary plants adopted pursuant to ss. 1353 553.73 and 1013.37 relating to: 1354 (

a) Interior non-load-bearing walls, by approving the use 1355 of fire-rated wood stud walls in new construction or remodeling 1356 for interior non-load-bearing wall assemblies that will not be 1357 exposed to water or located in wet areas. 1358 (

b) Walkways, roadways, driveways, and parking areas, by 1359 approving the use of designated, stabilized, and well-drained 1360 gravel or grassed student parking areas. 1361 (

c) Standards for relocatables used as classroom space, as 1362 specified in s. 1013.20, by approving construction 1363

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 48 of 62 CODING: Words stricken are deletions; words underlined are additions. specifications for installation of relocatable buildings that do 1364 not have covered walkways leading to the permanent buildings 1365 onsite. 1366 (

d) Site lighting, by approving construction specifications 1367 regarding site lighting that: 1368 1. Do not provide for lighting of gravel or grassed 1369 auxiliary or student parking areas. 1370 2. Provide lighting for walkways, roadways, driveways, 1371 paved parking lots, exterior stairs, ramps, and walkways from 1372 the exterior of the building to a public walkway through 1373 installation of a timer that is set to provide lighting only 1374 during periods when the site is occupied. 1375 3.

Allow lighting for building entrances and exits to be 1376 installed with a timer that is set to provide lighting only 1377 during periods in which the building is occupied. The minimum 1378 illumination level at single-door exits may be reduced to no 1379 less than 1 foot-candle. 1380 (

e) Any other provisions that limit the ability of a school 1381 district to design and construct a facility in the same manner 1382 as a charter school, or to operate in a facility on the same 1383 basis as a charter school pursuant to s. 1002.33(18), so long as 1384 the regional planning council determines that there is 1385 sufficient shelter capacity within the school district as 1386 documented in the Statewide Emergency Shelter Plan. 1387

Section 6. For the purpose of incorporating the amendment 1388 made by this act to

section 1002.33, Florida Statutes, in a 1389 reference thereto, paragraph (

c) of subsection (2) of

section 1390 11.40, Florida Statutes, is reenacted to read: 1391 11.40 Legislative Auditing Committee.— 1392

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 49 of 62 CODING: Words stricken are deletions; words underlined are additions.

(2) Following notification by the Auditor General, the 1393 Department of Financial Services, the Division of Bond Finance 1394 of the State Board of Administration, the Governor or his or her 1395 designee, or the Commissioner of Education or his or her 1396 designee of the failure of a local governmental entity, district 1397 school board, charter school, or charter technical career center 1398 to comply with the applicable provisions within s. 11.45(5)-(7), 1399 s. 218.32(1), s. 218.38, or s. 218.503(3), the Legislative 1400 Auditing Committee may

schedule a hearing to determine if the 1401 entity should be subject to further state action. If the 1402 committee determines that the entity should be subject to 1403 further state action, the committee shall: 1404 (

c) In the case of a charter school or charter technical 1405 career center, notify the appropriate sponsoring entity, which 1406 may terminate the charter pursuant to ss. 1002.33 and 1002.34. 1407

Section 7. For the purpose of incorporating the amendment 1408 made by this act to

section 1002.33, Florida Statutes, in a 1409 reference thereto, paragraph (

h) of subsection (6) of

section 1410 163.3180, Florida Statutes, is reenacted to read: 1411 163.3180 Concurrency.— 1412 (6) 1413 (h)1. In order to limit the liability of local governments, 1414 a local government may allow a landowner to proceed with 1415 development of a specific parcel of land notwithstanding a 1416 failure of the development to satisfy school concurrency, if all 1417 the following factors are shown to exist: 1418 a. The proposed development would be consistent with the 1419 future land use designation for the specific property and with 1420 pertinent portions of the adopted local plan, as determined by 1421

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 50 of 62 CODING: Words stricken are deletions; words underlined are additions. the local government. 1422 b. The local government’s capital improvements element and 1423 the school board’s educational facilities plan provide for 1424 school facilities adequate to serve the proposed development, 1425 and the local government or school board has not implemented 1426 that element or the project includes a plan that demonstrates 1427 that the capital facilities needed as a result of the project 1428 can be reasonably provided. 1429 c.

The local government and school board have provided a 1430 means by which the landowner will be assessed a proportionate 1431 share of the cost of providing the school facilities necessary 1432 to serve the proposed development. 1433 2.

If a local government applies school concurrency, it may 1434 not deny an application for site plan, final subdivision 1435 approval, or the functional equivalent for a development or 1436 phase of a development authorizing residential development for 1437 failure to achieve and maintain the level-of-service standard 1438 for public school capacity in a local school concurrency 1439 management system where adequate school facilities will be in 1440 place or under actual construction within 3 years after the 1441 issuance of final subdivision or site plan approval, or the 1442 functional equivalent.

School concurrency is satisfied if the 1443 developer executes a legally binding commitment to provide 1444 mitigation proportionate to the demand for public school 1445 facilities to be created by actual development of the property, 1446 including, but not limited to, the options described in sub-1447 subparagraph a. Options for proportionate-share mitigation of 1448 impacts on public school facilities must be established in the 1449 comprehensive plan and the interlocal agreement pursuant to s. 1450

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 51 of 62 CODING: Words stricken are deletions; words underlined are additions. 163.31777. 1451 a. Appropriate mitigation options include the contribution 1452 of land; the construction, expansion, or payment for land 1453 acquisition or construction of a public school facility; the 1454 construction of a charter school that complies with the 1455 requirements of s. 1002.33(18); or the creation of mitigation 1456 banking based on the construction of a public school facility in 1457 exchange for the right to sell capacity credits.

Such options 1458 must include execution by the applicant and the local government 1459 of a development agreement that constitutes a legally binding 1460 commitment to pay proportionate-share mitigation for the 1461 additional residential units approved by the local government in 1462 a development order and actually developed on the property, 1463 taking into account residential density allowed on the property 1464 prior to the plan amendment that increased the overall 1465 residential density. The district school board must be a party 1466 to such an agreement.

As a condition of its entry into such a 1467 development agreement, the local government may require the 1468 landowner to agree to continuing renewal of the agreement upon 1469 its expiration. 1470 b.

If the interlocal agreement and the local government 1471 comprehensive plan authorize a contribution of land; the 1472 construction, expansion, or payment for land acquisition; the 1473 construction or expansion of a public school facility, or a 1474 portion thereof; or the construction of a charter school that 1475 complies with the requirements of s. 1002.33(18), as 1476 proportionate-share mitigation, the local government shall 1477 credit such a contribution, construction, expansion, or payment 1478 toward any other impact fee or exaction imposed by local 1479

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 52 of 62 CODING: Words stricken are deletions; words underlined are additions. ordinance for public educational facilities, on a dollar-for-1480 dollar basis at fair market value. The credit must be based on 1481 the total impact fee assessed and not on the impact fee for any 1482 particular type of school. 1483 c.

Any proportionate-share mitigation must be directed by 1484 the school board toward a school capacity improvement identified 1485 in the 5-year school board educational facilities plan that 1486 satisfies the demands created by the development in accordance 1487 with a binding developer’s agreement. 1488 3. This paragraph does not limit the authority of a local 1489 government to deny a development permit or its functional 1490 equivalent pursuant to its home rule regulatory powers, except 1491 as provided in this part. 1492

Section 8. For the purpose of incorporating the amendment 1493 made by this act to

section 1002.33, Florida Statutes, in a 1494 reference thereto,

section 196.1983, Florida Statutes, is 1495 reenacted to read: 1496 196.1983 Charter school exemption from ad valorem taxes.—1497 Any facility, or portion thereof, used to house a charter school 1498 whose charter has been approved by the sponsor and the governing 1499 board pursuant to s. 1002.33(7) shall be exempt from ad valorem 1500 taxes.

For leasehold properties, the landlord must certify by 1501 affidavit to the charter school that the required payments under 1502 the lease, whether paid to the landlord or on behalf of the 1503 landlord to a third party, will be reduced to the extent of the 1504 exemption received. The owner of the property shall disclose to 1505 a charter school the full amount of the benefit derived from the 1506 exemption and the method for ensuring that the charter school 1507 receives such benefit. The charter school shall receive the full 1508

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 53 of 62 CODING: Words stricken are deletions; words underlined are additions. benefit derived from the exemption. 1509

Section 9. For the purpose of incorporating the amendment 1510 made by this act to

section 1002.33, Florida Statutes, in a 1511 reference thereto, paragraph (

e) of subsection (1) of

section 1512 218.39, Florida Statutes, is reenacted to read: 1513 218.39 Annual financial audit reports.— 1514

(1) If, by the first day in any fiscal year, a local 1515 governmental entity, district school board, charter school, or 1516 charter technical career center has not been notified that a 1517 financial audit for that fiscal year will be performed by the 1518 Auditor General, each of the following entities shall have an 1519 annual financial audit of its accounts and records completed 1520 within 9 months after the end of its fiscal year by an 1521 independent certified public accountant retained by it and paid 1522 from its public funds: 1523 (

e) Each charter school established under s. 1002.33. 1524

Section 10. For the purpose of incorporating the amendment 1525 made by this act to

section 1002.33, Florida Statutes, in a 1526 reference thereto, paragraph (

a) of subsection (4) of

section 1527 381.0056, Florida Statutes, is reenacted to read: 1528 381.0056 School health services program.— 1529 (4)(

a) Each county health department shall develop, jointly 1530 with the district school board and the local school health 1531 advisory committee, a school health services plan. The plan must 1532 include, at a minimum, provisions for all of the following: 1533 1. Health appraisal; 1534 2. Records review; 1535 3. Nurse assessment; 1536 4. Nutrition assessment; 1537

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 54 of 62 CODING: Words stricken are deletions; words underlined are additions. 5. A preventive dental program; 1538 6. Vision screening; 1539 7. Hearing screening; 1540 8. Scoliosis screening; 1541 9. Growth and development screening; 1542 10. Health counseling; 1543 11. Referral and followup of suspected or confirmed health 1544 problems by the local county health department; 1545 12. Meeting emergency health needs in each school; 1546 13.

County health department personnel to assist school 1547 personnel in health education curriculum development; 1548 14. Referral of students to appropriate health treatment, 1549 in cooperation with the private health community whenever 1550 possible; 1551 15. Consultation with a student’s parent or guardian 1552 regarding the need for health attention by the family physician, 1553 dentist, or other specialist when definitive diagnosis or 1554 treatment is indicated; 1555 16.

Maintenance of records on incidents of health problems, 1556 corrective measures taken, and such other information as may be 1557 needed to plan and evaluate health programs; except, however, 1558 that provisions in the plan for maintenance of health records of 1559 individual students must be in accordance with s. 1002.22; 1560 17. Health information which will be provided by the school 1561 health nurses, when necessary, regarding the placement of 1562 students in exceptional student programs and the reevaluation at 1563 periodic intervals of students placed in such programs; 1564 18.

Notification to the local nonpublic schools of the 1565 school health services program and the opportunity for 1566

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 55 of 62 CODING: Words stricken are deletions; words underlined are additions. representatives of the local nonpublic schools to participate in 1567 the development of the cooperative health services plan; and 1568 19. Immediate notification to a student’s parent, guardian, 1569 or caregiver if the student is removed from school, school 1570 transportation, or a school-sponsored activity and taken to a 1571 receiving facility for an involuntary examination pursuant to s. 1572 394.463, including the requirements established under ss. 1573 1002.20(3) and 1002.33(9), as applicable. 1574

Section 11. For the purpose of incorporating the amendment 1575 made by this act to

section 1002.33, Florida Statutes, in a 1576 reference thereto, paragraph (

b) of subsection (1) of

section 1577 409.1664, Florida Statutes, is reenacted to read: 1578 409.1664 Adoption benefits for qualifying adoptive 1579 employees of state agencies.— 1580

(1) As used in this section, the term: 1581 (b) “Qualifying adoptive employee” means a full-time or 1582 part-time employee of a state agency, a charter school 1583 established under s. 1002.33, or the Florida Virtual School 1584 established under s. 1002.37 who is paid from regular salary 1585 appropriations, or otherwise meets his or her employer’s 1586 definition of a regular rather than temporary employee, and who 1587 adopts a child within the child welfare system pursuant to 1588

chapter 63 on or after July 1, 2015. The term includes 1589 instructional personnel, as defined in s. 1012.01, who are 1590 employed by the Florida School for the Deaf and the Blind. 1591

Section 12. For the purpose of incorporating the amendment 1592 made by this act to

section 1002.33, Florida Statutes, in a 1593 reference thereto, subsection (1) of

section 409.9072, Florida 1594 Statutes, is reenacted to read: 1595

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 56 of 62 CODING: Words stricken are deletions; words underlined are additions. 409.9072 Medicaid provider agreements for charter schools 1596 and private schools.— 1597

(1) Subject to a specific appropriation by the Legislature, 1598 the agency shall reimburse private schools as defined in s. 1599 1002.01 and schools designated as charter schools under s. 1600 1002.33 which are Medicaid providers for school-based services 1601 pursuant to the rehabilitative services option provided under 42 1602 U.S.C. s. 1396d(a)(13) to children younger than 21 years of age 1603 with specified disabilities who are eligible for both Medicaid 1604 and part B or part H of the Individuals with Disabilities 1605 Education Act (IDEA) or the exceptional student education 1606 program, or who have an individualized educational plan. 1607

Section 13. For the purpose of incorporating the amendment 1608 made by this act to

section 1002.33, Florida Statutes, in a 1609 reference thereto, subsection (7) of

section 944.801, Florida 1610 Statutes, is reenacted to read: 1611 944.801 Education for state prisoners.— 1612

(7) The department may contract with a district school 1613 board, the Florida Virtual School, or a charter school 1614 authorized to operate under s. 1002.33 to provide education 1615 services in the Correctional Education Program. The education 1616 services may include any educational, career, or vocational 1617 training that is authorized by the department. 1618

Section 14. For the purpose of incorporating the amendment 1619 made by this act to

section 1002.33, Florida Statutes, in a 1620 reference thereto, subsection (1) of

section 951.176, Florida 1621 Statutes, is reenacted to read: 1622 951.176 Provision of education.— 1623

(1) Each county may contract with a district school board, 1624

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 57 of 62 CODING: Words stricken are deletions; words underlined are additions. the Florida Virtual School, or a charter school authorized to 1625 operate under s. 1002.33 to provide education services for 1626 inmates at county detention facilities. The education services 1627 may include any educational, career, or vocational training that 1628 is authorized by the sheriff or chief correctional officer, or 1629 his or her designee. 1630

Section 15. For the purpose of incorporating the amendment 1631 made by this act to

section 1002.33, Florida Statutes, in a 1632 reference thereto, paragraph (

d) of subsection (3) of

section 1633 1006.15, Florida Statutes, is reenacted to read: 1634 1006.15 Student standards for participation in 1635 interscholastic and intrascholastic extracurricular student 1636 activities; regulation.— 1637 (3) 1638 (

d) An individual charter school student pursuant to s. 1639 1002.33 is eligible to participate at the public school to which 1640 the student would be assigned according to district school board 1641 attendance area policies or which the student could attend in 1642 any interscholastic extracurricular activity of that school, 1643 unless such activity is provided by the student’s charter 1644 school, if the following conditions are met: 1645 1. The charter school student must meet the requirements of 1646 the charter school education program as determined by the 1647 charter school governing board. 1648 2.

During the period of participation at a school, the 1649 charter school student must demonstrate educational progress as 1650 required in paragraph (b). 1651 3. The charter school student must meet the same residency 1652 requirements as other students in the school at which he or she 1653

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 58 of 62 CODING: Words stricken are deletions; words underlined are additions. participates. 1654 4. The charter school student must meet the same standards 1655 of acceptance, behavior, and performance that are required of 1656 other students in extracurricular activities. 1657 5. The charter school student must register with the school 1658 his or her intent to participate in interscholastic 1659 extracurricular activities as a representative of the school 1660 before participation.

A charter school student must be able to 1661 participate in curricular activities if that is a requirement 1662 for an extracurricular activity. 1663 6. A student who transfers from a charter school program to 1664 a traditional public school before or during the first grading 1665 period of the school year is academically eligible to 1666 participate in interscholastic extracurricular activities during 1667 the first grading period if the student has a successful 1668 evaluation from the previous school year, pursuant to 1669 subparagraph 2. 1670 7.

Any public school or private school student who has been 1671 unable to maintain academic eligibility for participation in 1672 interscholastic extracurricular activities is ineligible to 1673 participate in such activities as a charter school student until 1674 the student has successfully completed one grading period in a 1675 charter school pursuant to subparagraph 2. to become eligible to 1676 participate as a charter school student. 1677

Section 16. For the purpose of incorporating the amendment 1678 made by this act to

section 1002.33, Florida Statutes, in a 1679 reference thereto, paragraph (

c) of subsection (3) of

section 1680 1008.33, Florida Statutes, is reenacted to read: 1681 1008.33 Authority to enforce public school improvement.— 1682

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 59 of 62 CODING: Words stricken are deletions; words underlined are additions. (3) 1683 (

c) The state board shall adopt by rule a differentiated 1684 matrix of intervention and support strategies for assisting 1685 traditional public schools identified under this

section and 1686 rules for implementing s. 1002.33(9)(n), relating to charter 1687 schools. The intervention and support strategies must address 1688 student performance and may include improvement planning; 1689 leadership quality improvement; educator quality improvement; 1690 professional development; curriculum review, pacing, and 1691 alignment across grade levels to improve background knowledge in 1692 social studies, science, and the arts; and the use of continuous 1693 improvement and monitoring plans and processes.

In addition, the 1694 state board may prescribe reporting requirements to review and 1695 monitor the progress of the schools. The rule must define the 1696 intervention and support strategies for school improvement for 1697 schools earning a grade of “D” or “F” and the roles for the 1698 district and department. 1699

Section 17. For the purpose of incorporating the amendment 1700 made by this act to

section 1002.33, Florida Statutes, in a 1701 reference thereto, paragraph (

c) of subsection (1) of

section 1702 1011.61, Florida Statutes, is reenacted to read: 1703 1011.61

Definitions.—Notwithstanding the provisions of s. 1704 1000.21, the following terms are defined as follows for the 1705 purposes of the Florida Education Finance Program: 1706

(1) A “full-time equivalent student” in each program of the 1707 district is defined in terms of full-time students and part-time 1708 students as follows: 1709 (c)1. A “full-time equivalent student” is: 1710 a. A full-time student in any one of the programs listed in 1711

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 60 of 62 CODING: Words stricken are deletions; words underlined are additions. s. 1011.62(1)(c); or 1712 b. A combination of full-time or part-time students in any 1713 one of the programs listed in s. 1011.62(1)(

c) which is the 1714 equivalent of one full-time student based on the following 1715 calculations: 1716 (

I) A full-time student in a combination of programs listed 1717 in s. 1011.62(1)(

c) shall be a fraction of a full-time 1718 equivalent membership in each special program equal to the 1719 number of net hours per school year for which he or she is a 1720 member, divided by the appropriate number of hours set forth in 1721 subparagraph (a)1.

The difference between that fraction or sum 1722 of fractions and the maximum value as set forth in subsection 1723 (4) for each full-time student is presumed to be the balance of 1724 the student’s time not spent in a special program and shall be 1725 recorded as time in the appropriate basic program. 1726 (II) A prekindergarten student with a disability shall meet 1727 the requirements specified for kindergarten students. 1728 (III) A full-time equivalent student for students in 1729 kindergarten through grade 12 in a full-time virtual instruction 1730 program under s. 1002.45 or a virtual charter school under s. 1731 1002.33 shall consist of six full-credit completions or the 1732 prescribed level of content that counts toward promotion to the 1733 next grade in programs listed in s. 1011.62(1)(c).

Credit 1734 completions may be a combination of full-credit courses or half-1735 credit courses. 1736 (IV) A full-time equivalent student for students in 1737 kindergarten through grade 12 in a part-time virtual instruction 1738 program under s. 1002.45 shall consist of six full-credit 1739 completions in programs listed in s. 1011.62(1)(c)1. and 3. 1740

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 61 of 62 CODING: Words stricken are deletions; words underlined are additions. Credit completions may be a combination of full-credit courses 1741 or half-credit courses. 1742 (

V) A Florida Virtual School full-time equivalent student 1743 shall consist of six full-credit completions or the prescribed 1744 level of content that counts toward promotion to the next grade 1745 in the programs listed in s. 1011.62(1)(c)1. and 3. for students 1746 participating in kindergarten through grade 12 part-time virtual 1747 instruction and the programs listed in s. 1011.62(1)(

c) for 1748 students participating in kindergarten through grade 12 full-1749 time virtual instruction.

Credit completions may be a 1750 combination of full-credit courses or half-credit courses. 1751 (VI) Each successfully completed full-credit course earned 1752 through an online course delivered by a district other than the 1753 one in which the student resides shall be calculated as 1/6 FTE. 1754 (VII) A full-time equivalent student for courses requiring 1755 passage of a statewide, standardized end-of-course assessment 1756 under s. 1003.4282 to earn a standard high school diploma shall 1757 be defined and reported based on the number of instructional 1758 hours as provided in this subsection. 1759 (VIII) For students enrolled in a school district as a 1760 full-time student, the district may report 1/6 FTE for each 1761 student who passes a statewide, standardized end-of-course 1762 assessment without being enrolled in the corresponding course. 1763 2.

A student in membership in a program scheduled for more 1764 or less than 180 school days or the equivalent on an hourly 1765 basis as specified by rules of the State Board of Education is a 1766 fraction of a full-time equivalent membership equal to the 1767 number of instructional hours in membership divided by the 1768 appropriate number of hours set forth in subparagraph (a)1.; 1769

Florida Senate - 2020 SB 1578 7-01330A-20 20201578__ Page 62 of 62 CODING: Words stricken are deletions; words underlined are additions. however, for the purposes of this subparagraph, membership in 1770 programs scheduled for more than 180 days is limited to students 1771 enrolled in: 1772 a. Juvenile justice education programs. 1773 b. The Florida Virtual School. 1774 c. Virtual instruction programs and virtual charter schools 1775 for the purpose of course completion and credit recovery 1776 pursuant to ss. 1002.45 and 1003.498.

Course completion applies 1777 only to a student who is reported during the second or third 1778 membership surveys and who does not complete a virtual education 1779 course by the end of the regular school year. The course must be 1780 completed no later than the deadline for amending the final 1781 student enrollment survey for that year.

Credit recovery applies 1782 only to a student who has unsuccessfully completed a traditional 1783 or virtual education course during the regular school year and 1784 must retake the course in order to be eligible to graduate with 1785 the student’s class. 1786 1787 The full-time equivalent student enrollment calculated under 1788 this subsection is subject to the requirements in subsection 1789 (4). 1790 1791 The department shall determine and implement an equitable method 1792 of equivalent funding for schools operating under emergency 1793 conditions, which schools have been approved by the department 1794 to operate for less than the minimum term as provided in s. 1795 1011.60(2). 1796

Section 18. This act shall take effect July 1, 2020. 1797