Florida Senate - 2021 SB 1028 By Senator Hutson 7-00634-21 20211028__ Page 1 of 39 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to charter schools; amending s. 2 1002.33, F.S.; authorizing state universities and 3 Florida College System institutions to solicit 4 applications and sponsor charter schools under certain 5 circumstances; prohibiting certain charter schools 6 from being sponsored by a Florida College System 7 institution until such charter school’s existing 8 charter expires; authorizing a state university or 9 Florida College System institution to, at its 10 discretion, deny an application for a charter school; 11 revising the contents of an annual report that charter 12 school sponsors must provide to the Department of 13 Education; revising the date by which the department 14 must post a specified annual report; revising 15 provisions relating to Florida College System 16 institutions that are operating charter schools; 17 requiring the board of trustees of a state university 18 or Florida College System institution that is 19 sponsoring a charter school to serve as the local 20 educational agency for such school; prohibiting 21 certain charter school students from being included in 22 specified school district grade calculations; 23 requiring the department to develop a sponsor 24 evaluation framework; providing requirements for the 25 framework; requiring the department to compiles 26 results in a specified manner; deleting obsolete 27 language; revising the student populations for which a 28 charter school is authorized to limit the enrollment 29

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 2 of 39 CODING: Words stricken are deletions; words underlined are additions. process; providing a calculation for the operational 30 funding for a charter school sponsored by a state 31 university or Florida College System institution; 32 requiring the department to develop a tool for state 33 universities and Florida College System institutions 34 for specified purposes relating to certain funding 35 calculations; providing that such funding must be 36 appropriated to the charter school; providing for 37 capital outlay funding for such schools; conforming 38 provisions to changes made by the act; amending s. 39 1003.493, F.S.; authorizing a career and professional 40 academy to be offered by a charter school; providing 41 an effective date. 42 43 Be It Enacted by the Legislature of the State of Florida: 44 45

Section 1. Paragraph (

c) of subsection (2), subsection (5), 46 paragraph (

b) of subsection (6), paragraphs (

a) and (

d) of 47 subsection (7), paragraphs (

d) and (

e) of subsection (8), 48 paragraphs (

g) and (

n) of subsection (9), paragraph (

e) of 49 subsection (10), subsection (14), paragraph (

c) of subsection 50 (15), subsection (17), paragraph (

e) of subsection (18), 51 subsections (20) and (21), paragraph (

a) of subsection (25), and 52 subsection (28) of

section 1002.33, Florida Statutes, are 53 amended to read: 54 1002.33 Charter schools.— 55

(2) GUIDING PRINCIPLES; PURPOSE.— 56 (

c) Charter schools may fulfill the following purposes: 57 1. Create innovative measurement tools. 58

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 3 of 39 CODING: Words stricken are deletions; words underlined are additions. 2. Provide rigorous competition within the public school 59 system district to stimulate continual improvement in all public 60 schools. 61 3. Expand the capacity of the public school system. 62 4. Mitigate the educational impact created by the 63 development of new residential dwelling units. 64 5. Create new professional opportunities for teachers, 65 including ownership of the learning program at the school site. 66

(5) SPONSOR; DUTIES.— 67 (

a) Sponsoring entities.— 68 1. A district school board may sponsor a charter school in 69 the county over which the district school board has 70 jurisdiction. 71 2. A state university may grant a charter to a lab school 72 created under s. 1002.32 and shall be considered to be the 73 school’s sponsor. Such school shall be considered a charter lab 74 school. 75 3. Because needs relating to educational capacity, 76 workforce qualifications, and career education opportunities are 77 constantly changing and extend beyond school district 78 boundaries: 79 a.

A state university may, upon approval by the Department 80 of Education, solicit applications and sponsor a charter school 81 to meet regional education or workforce demands by serving 82 students from multiple school districts. 83 b. A Florida College System institution may, upon approval 84 by the Department of Education, solicit applications and sponsor 85 a charter school in any county within its service area to meet 86 workforce demands and may offer postsecondary programs leading 87

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 4 of 39 CODING: Words stricken are deletions; words underlined are additions. to industry certifications to eligible charter school students. 88 A charter school established under subparagraph (b)4. may not be 89 sponsored by a Florida College System institution until its 90 existing charter with the school district expires as provided 91 under subsection (7). 92 c. Notwithstanding paragraph (6)(b), a state university or 93 Florida College System institution may, at its discretion, deny 94 an application for a charter school. 95 (

b) Sponsor duties.— 96 1.a. The sponsor shall monitor and review the charter 97 school in its progress toward the goals established in the 98 charter. 99 b. The sponsor shall monitor the revenues and expenditures 100 of the charter school and perform the duties provided in s. 101 1002.345. 102 c. The sponsor may approve a charter for a charter school 103 before the applicant has identified space, equipment, or 104 personnel, if the applicant indicates approval is necessary for 105 it to raise working funds. 106 d.

The sponsor shall not apply its policies to a charter 107 school unless mutually agreed to by both the sponsor and the 108 charter school. If the sponsor subsequently amends any agreed-109 upon sponsor policy, the version of the policy in effect at the 110 time of the execution of the charter, or any subsequent 111 modification thereof, shall remain in effect and the sponsor may 112 not hold the charter school responsible for any provision of a 113 newly revised policy until the revised policy is mutually agreed 114 upon. 115 e. The sponsor shall ensure that the charter is innovative 116

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 5 of 39 CODING: Words stricken are deletions; words underlined are additions. and consistent with the state education goals established by s. 117 1000.03(5). 118 f. The sponsor shall ensure that the charter school 119 participates in the state’s education accountability system. If 120 a charter school falls short of performance measures included in 121 the approved charter, the sponsor shall report such shortcomings 122 to the Department of Education. 123 g. The sponsor shall not be liable for civil damages under 124 state law for personal injury, property damage, or death 125 resulting from

an act or omission of an officer, employee, 126 agent, or governing body of the charter school. 127 h. The sponsor shall not be liable for civil damages under 128 state law for any employment actions taken by an officer, 129 employee, agent, or governing body of the charter school. 130 i. The sponsor’s duties to monitor the charter school shall 131 not constitute the basis for a private cause of action. 132 j. The sponsor shall not impose additional reporting 133 requirements on a charter school without providing reasonable 134 and specific justification in writing to the charter school. 135 k.

The sponsor shall submit an annual report to the 136 Department of Education in a web-based format to be determined 137 by the department. 138 (

I) The report shall include the following information: 139 (

A) The number of draft applications received on or before 140 May 1 and each applicant’s contact information. 141 (

B) The number of final applications received on or before 142 February August 1 and each applicant’s contact information. 143 (B)(

C) The date each application was approved, denied, or 144 withdrawn. 145

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 6 of 39 CODING: Words stricken are deletions; words underlined are additions. (C)(

D) The date each final contract was executed. 146 (II) Annually, by November 1 Beginning August 31, 2013, and 147 each year thereafter, the sponsor shall submit to the department 148 the information for the applications submitted the previous 149 year. 150 (III) The department shall compile an annual report, by 151 sponsor district, and post the report on its website by January 152 15 November 1 of each year. 153 2.

Immunity for the sponsor of a charter school under 154 subparagraph 1. applies only with respect to acts or omissions 155 not under the sponsor’s direct authority as described in this 156 section. 157 3. This paragraph does not waive a sponsor’s district 158 school board’s sovereign immunity. 159 4. A Florida College System institution may work with the 160 school district or school districts in its designated service 161 area to develop charter schools that offer secondary education. 162 These charter schools must include an option for students to 163 receive an associate degree upon high school graduation.

If a 164 Florida College System institution operates an approved teacher 165 preparation program under s. 1004.04 or s. 1004.85, the 166 institution may operate no more than one charter schools school 167 that serve serves students in kindergarten through grade 12 in 168 any school district within the service area of the institution. 169 In kindergarten through grade 8, the charter school shall 170 implement innovative blended learning instructional models in 171 which, for a given course, a student learns in part through 172 online delivery of content and instruction with some element of 173 student control over time, place, path, or pace and in part at a 174

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 7 of 39 CODING: Words stricken are deletions; words underlined are additions. supervised brick-and-mortar location away from home. A student 175 in a blended learning course must be a full-time student of the 176 charter school and receive the online instruction in a classroom 177 setting at the charter school. District school boards shall 178 cooperate with and assist the Florida College System institution 179 on the charter application.

Florida College System institution 180 applications for charter schools are not subject to the time 181 deadlines outlined in subsection (6) and may be approved by the 182 district school board at any time during the year. Florida 183 College System institutions may not report FTE for any students 184 participating under this subparagraph who receive FTE funding 185 through the Florida Education Finance Program. 186 5.

A school district may enter into nonexclusive interlocal 187 agreements with federal and state agencies, counties, 188 municipalities, and other governmental entities that operate 189 within the geographical borders of the school district to act on 190 behalf of such governmental entities in the inspection, 191 issuance, and other necessary activities for all necessary 192 permits, licenses, and other permissions that a charter school 193 needs in order for development, construction, or operation. A 194 charter school may use, but may not be required to use, a school 195 district for these services.

The interlocal agreement must 196 include, but need not be limited to, the identification of fees 197 that charter schools will be charged for such services. The fees 198 must consist of the governmental entity’s fees plus a fee for 199 the school district to recover no more than actual costs for 200 providing such services. These services and fees are not 201 included within the services to be provided pursuant to 202 subsection (20). 203

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 8 of 39 CODING: Words stricken are deletions; words underlined are additions. 6. The board of trustees of a sponsoring state university 204 or Florida College System institution under paragraph (

a) is the 205 local educational agency for all charter schools it sponsors for 206 purposes of receiving federal funds and accepts full 207 responsibility for all local educational agency requirements and 208 the schools for which it will perform local educational agency 209 responsibilities. A student enrolled in a charter school that is 210 sponsored by a state university or Florida College System 211 institution may not be included in the calculation of the school 212 district’s grade under s. 1008.34(5) for the school district in 213 which he or she resides. 214 (

c) Sponsor accountability.— 215 1. The department shall, in collaboration with charter 216 school sponsors and charter school operators, develop a sponsor 217 evaluation framework that must address, at a minimum: 218 a. The sponsor’s strategic vision for charter school 219 authorizing and the sponsor’s progress toward that vision. 220 b. The alignment of the sponsor’s policies and practices to 221 best practices for charter school authorizing. 222 c. The academic and financial performance of all operating 223 charter schools overseen by the sponsor. 224 d.

The status of charter schools authorized by the sponsor, 225 including approved, operating, and closed schools. 226 2. The department shall compile the results by sponsor and 227 include the results in the report required under sub-sub-228 subparagraph (b)1.k.(III). 229

(6) APPLICATION PROCESS AND REVIEW.—Charter school 230 applications are subject to the following requirements: 231 (

b) A sponsor shall receive and review all applications for 232

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 9 of 39 CODING: Words stricken are deletions; words underlined are additions. a charter school using the evaluation instrument developed by 233 the Department of Education. A sponsor shall receive and 234 consider charter school applications received on or before 235 August 1 of each calendar year for charter schools to be opened 236 at the beginning of the school district’s next school year, or 237 to be opened at a time agreed to by the applicant and the 238 sponsor.

A sponsor may not refuse to receive a charter school 239 application submitted before August 1 and may receive an 240 application submitted later than August 1 if it chooses. 241 Beginning in 2018 and thereafter, A sponsor shall receive and 242 consider charter school applications received on or before 243 February 1 of each calendar year for charter schools to be 244 opened 18 months later at the beginning of the school district’s 245 school year, or to be opened at a time determined by the 246 applicant.

A sponsor may not refuse to receive a charter school 247 application submitted before February 1 and may receive an 248 application submitted later than February 1 if it chooses.

A 249 sponsor may not charge an applicant for a charter any fee for 250 the processing or consideration of an application, and a sponsor 251 may not base its consideration or approval of a final 252 application upon the promise of future payment of any kind. 253 Before approving or denying any application, the sponsor shall 254 allow the applicant, upon receipt of written notification, at 255 least 7 calendar days to make technical or nonsubstantive 256 corrections and clarifications, including, but not limited to, 257 corrections of grammatical, typographical, and like errors or 258 missing signatures, if such errors are identified by the sponsor 259 as cause to deny the final application. 260 1.

In order to facilitate an accurate budget projection 261

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 10 of 39 CODING: Words stricken are deletions; words underlined are additions. process, a sponsor shall be held harmless for FTE students who 262 are not included in the FTE projection due to approval of 263 charter school applications after the FTE projection deadline. 264 In a further effort to facilitate an accurate budget projection, 265 within 15 calendar days after receipt of a charter school 266 application, a sponsor shall report to the Department of 267 Education the name of the applicant entity, the proposed charter 268 school location, and its projected FTE. 269 2.

In order to ensure fiscal responsibility, an application 270 for a charter school shall include a full accounting of expected 271 assets, a projection of expected sources and amounts of income, 272 including income derived from projected student enrollments and 273 from community support, and an expense projection that includes 274 full accounting of the costs of operation, including start-up 275 costs. 276 3.a.

A sponsor shall by a majority vote approve or deny an 277 application no later than 90 calendar days after the application 278 is received, unless the sponsor and the applicant mutually agree 279 in writing to temporarily postpone the vote to a specific date, 280 at which time the sponsor shall by a majority vote approve or 281 deny the application. If the sponsor fails to act on the 282 application, an applicant may appeal to the State Board of 283 Education as provided in paragraph (c).

If an application is 284 denied, the sponsor shall, within 10 calendar days after such 285 denial, articulate in writing the specific reasons, based upon 286 good cause, supporting its denial of the application and shall 287 provide the letter of denial and supporting documentation to the 288 applicant and to the Department of Education. 289 b. An application submitted by a high-performing charter 290

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 11 of 39 CODING: Words stricken are deletions; words underlined are additions. school identified pursuant to s. 1002.331 or a high-performing 291 charter school system identified pursuant to s. 1002.332 may be 292 denied by the sponsor only if the sponsor demonstrates by clear 293 and convincing evidence that: 294 (

I) The application of a high-performing charter school 295 does not materially comply with the requirements in paragraph 296 (

a) or, for a high-performing charter school system, the 297 application does not materially comply with s. 1002.332(2)(b); 298 (II) The charter school proposed in the application does 299 not materially comply with the requirements in paragraphs 300 (9)(a)-(f); 301 (III) The proposed charter school’s educational program 302 does not substantially replicate that of the applicant or one of 303 the applicant’s high-performing charter schools; 304 (IV) The applicant has made a material misrepresentation or 305 false statement or concealed an essential or material fact 306 during the application process; or 307 (

V) The proposed charter school’s educational program and 308 financial management practices do not materially comply with the 309 requirements of this section. 310 311 Material noncompliance is a failure to follow requirements or a 312 violation of prohibitions applicable to charter school 313 applications, which failure is quantitatively or qualitatively 314 significant either individually or when aggregated with other 315 noncompliance. An applicant is considered to be replicating a 316 high-performing charter school if the proposed school is 317 substantially similar to at least one of the applicant’s high-318 performing charter schools and the organization or individuals 319

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 12 of 39 CODING: Words stricken are deletions; words underlined are additions. involved in the establishment and operation of the proposed 320 school are significantly involved in the operation of replicated 321 schools. 322 c.

If the sponsor denies an application submitted by a 323 high-performing charter school or a high-performing charter 324 school system, the sponsor must, within 10 calendar days after 325 such denial, state in writing the specific reasons, based upon 326 the criteria in sub-subparagraph b., supporting its denial of 327 the application and must provide the letter of denial and 328 supporting documentation to the applicant and to the Department 329 of Education. The applicant may appeal the sponsor’s denial of 330 the application in accordance with paragraph (c). 331 4.

For budget projection purposes, the sponsor shall report 332 to the Department of Education the approval or denial of an 333 application within 10 calendar days after such approval or 334 denial. In the event of approval, the report to the Department 335 of Education shall include the final projected FTE for the 336 approved charter school. 337 5. Upon approval of an application, the initial startup 338 shall commence with the beginning of the public school calendar 339 for the district in which the charter is granted.

A charter 340 school may defer the opening of the school’s operations for up 341 to 3 years to provide time for adequate facility planning. The 342 charter school must provide written notice of such intent to the 343 sponsor and the parents of enrolled students at least 30 344 calendar days before the first day of school. 345

(7) CHARTER.—The terms and conditions for the operation of 346 a charter school shall be set forth by the sponsor and the 347 applicant in a written contractual agreement, called a charter. 348

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 13 of 39 CODING: Words stricken are deletions; words underlined are additions. The sponsor and the governing board of the charter school shall 349 use the standard charter contract pursuant to subsection (21), 350 which shall incorporate the approved application and any addenda 351 approved with the application. Any term or condition of a 352 proposed charter contract that differs from the standard charter 353 contract adopted by rule of the State Board of Education shall 354 be presumed a limitation on charter school flexibility.

The 355 sponsor may not impose unreasonable rules or regulations that 356 violate the intent of giving charter schools greater flexibility 357 to meet educational goals. The charter shall be signed by the 358 governing board of the charter school and the sponsor, following 359 a public hearing to ensure community input. 360 (

a) The charter shall address and criteria for approval of 361 the charter shall be based on: 362 1. The school’s mission, the students to be served, and the 363 ages and grades to be included. 364 2. The focus of the curriculum, the instructional methods 365 to be used, any distinctive instructional techniques to be 366 employed, and identification and acquisition of appropriate 367 technologies needed to improve educational and administrative 368 performance which include a means for promoting safe, ethical, 369 and appropriate uses of technology which comply with legal and 370 professional standards. 371 a.

The charter shall ensure that reading is a primary focus 372 of the curriculum and that resources are provided to identify 373 and provide specialized instruction for students who are reading 374 below grade level. The curriculum and instructional strategies 375 for reading must be consistent with the Next Generation Sunshine 376 State Standards and grounded in scientifically based reading 377

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 14 of 39 CODING: Words stricken are deletions; words underlined are additions. research. 378 b.

In order to provide students with access to diverse 379 instructional delivery models, to facilitate the integration of 380 technology within traditional classroom instruction, and to 381 provide students with the skills they need to compete in the 382 21st century economy, the Legislature encourages instructional 383 methods for blended learning courses consisting of both 384 traditional classroom and online instructional techniques. 385 Charter schools may implement blended learning courses which 386 combine traditional classroom instruction and virtual 387 instruction.

Students in a blended learning course must be full-388 time students of the charter school pursuant to s. 389 1011.61(1)(a)1. Instructional personnel certified pursuant to s. 390 1012.55 who provide virtual instruction for blended learning 391 courses may be employees of the charter school or may be under 392 contract to provide instructional services to charter school 393 students.

At a minimum, such instructional personnel must hold 394 an active state or school district adjunct certification under 395 s. 1012.57 for the subject area of the blended learning course. 396 The funding and performance accountability requirements for 397 blended learning courses are the same as those for traditional 398 courses. 399 3. The current incoming baseline standard of student 400 academic achievement, the outcomes to be achieved, and the 401 method of measurement that will be used. The criteria listed in 402 this subparagraph shall include a detailed description of: 403 a.

How the baseline student academic achievement levels and 404 prior rates of academic progress will be established. 405 b. How these baseline rates will be compared to rates of 406

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 15 of 39 CODING: Words stricken are deletions; words underlined are additions. academic progress achieved by these same students while 407 attending the charter school. 408 c.

To the extent possible, how these rates of progress will 409 be evaluated and compared with rates of progress of other 410 closely comparable student populations. 411 412 A The district school board is required to provide academic 413 student performance data to charter schools for each of their 414 students coming from the district school system, as well as 415 rates of academic progress of comparable student populations in 416 the district school system. 417 4.

The methods used to identify the educational strengths 418 and needs of students and how well educational goals and 419 performance standards are met by students attending the charter 420 school. The methods shall provide a means for the charter school 421 to ensure accountability to its constituents by analyzing 422 student performance data and by evaluating the effectiveness and 423 efficiency of its major educational programs. Students in 424 charter schools shall, at a minimum, participate in the 425 statewide assessment program created under s. 1008.22. 426 5.

In secondary charter schools, a method for determining 427 that a student has satisfied the requirements for graduation in 428 s. 1002.3105(5), s. 1003.4281, or s. 1003.4282. 429 6. A method for resolving conflicts between the governing 430 board of the charter school and the sponsor. 431 7. The admissions procedures and dismissal procedures, 432 including the school’s code of student conduct. Admission or 433 dismissal must not be based on a student’s academic performance. 434 8. The ways by which the school will achieve a 435

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 16 of 39 CODING: Words stricken are deletions; words underlined are additions. racial/ethnic balance reflective of the community it serves or 436 within the racial/ethnic range of other nearby public schools in 437 the same school district. 438 9.

The financial and administrative management of the 439 school, including a reasonable demonstration of the professional 440 experience or competence of those individuals or organizations 441 applying to operate the charter school or those hired or 442 retained to perform such professional services and the 443 description of clearly delineated responsibilities and the 444 policies and practices needed to effectively manage the charter 445 school. A description of internal audit procedures and 446 establishment of controls to ensure that financial resources are 447 properly managed must be included.

Both public sector and 448 private sector professional experience shall be equally valid in 449 such a consideration. 450 10. The asset and liability projections required in the 451 application which are incorporated into the charter and shall be 452 compared with information provided in the annual report of the 453 charter school. 454 11.

A description of procedures that identify various risks 455 and provide for a comprehensive approach to reduce the impact of 456 losses; plans to ensure the safety and security of students and 457 staff; plans to identify, minimize, and protect others from 458 violent or disruptive student behavior; and the manner in which 459 the school will be insured, including whether or not the school 460 will be required to have liability insurance, and, if so, the 461 terms and conditions thereof and the amounts of coverage. 462 12.

The term of the charter which shall provide for 463 cancellation of the charter if insufficient progress has been 464

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 17 of 39 CODING: Words stricken are deletions; words underlined are additions. made in attaining the student achievement objectives of the 465 charter and if it is not likely that such objectives can be 466 achieved before expiration of the charter. The initial term of a 467 charter shall be for 5 years, excluding 2 planning years.

In 468 order to facilitate access to long-term financial resources for 469 charter school construction, charter schools that are operated 470 by a municipality or other public entity as provided by law are 471 eligible for up to a 15-year charter, subject to approval by the 472 sponsor district school board. A charter lab school is eligible 473 for a charter for a term of up to 15 years.

In addition, to 474 facilitate access to long-term financial resources for charter 475 school construction, charter schools that are operated by a 476 private, not-for-profit, s. 501(c)(3) status corporation are 477 eligible for up to a 15-year charter, subject to approval by the 478 sponsor district school board. Such long-term charters remain 479 subject to annual review and may be terminated during the term 480 of the charter, but only according to the provisions set forth 481 in subsection (8). 482 13. The facilities to be used and their location.

The 483 sponsor may not require a charter school to have a certificate 484 of occupancy or a temporary certificate of occupancy for such a 485 facility earlier than 15 calendar days before the first day of 486 school. 487 14. The qualifications to be required of the teachers and 488 the potential strategies used to recruit, hire, train, and 489 retain qualified staff to achieve best value. 490 15. The governance structure of the school, including the 491 status of the charter school as a public or private employer as 492 required in paragraph (12)(i). 493

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 18 of 39 CODING: Words stricken are deletions; words underlined are additions. 16. A timetable for implementing the charter which 494 addresses the implementation of each element thereof and the 495 date by which the charter shall be awarded in order to meet this 496 timetable. 497 17.

In the case of an existing public school that is being 498 converted to charter status, alternative arrangements for 499 current students who choose not to attend the charter school and 500 for current teachers who choose not to teach in the charter 501 school after conversion in accordance with the existing 502 collective bargaining agreement or district school board rule in 503 the absence of a collective bargaining agreement.

However, 504 alternative arrangements shall not be required for current 505 teachers who choose not to teach in a charter lab school, except 506 as authorized by the employment policies of the state university 507 which grants the charter to the lab school. 508 18.

Full disclosure of the identity of all relatives 509 employed by the charter school who are related to the charter 510 school owner, president, chairperson of the governing board of 511 directors, superintendent, governing board member, principal, 512 assistant principal, or any other person employed by the charter 513 school who has equivalent decisionmaking authority.

For the 514 purpose of this subparagraph, the term “relative” means father, 515 mother, son, daughter, brother, sister, uncle, aunt, first 516 cousin, nephew, niece, husband, wife, father-in-law, mother-in-517 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, 518 stepfather, stepmother, stepson, stepdaughter, stepbrother, 519 stepsister, half brother, or half sister. 520 19. Implementation of the activities authorized under s. 521 1002.331 by the charter school when it satisfies the eligibility 522

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 19 of 39 CODING: Words stricken are deletions; words underlined are additions. requirements for a high-performing charter school. A high-523 performing charter school shall notify its sponsor in writing by 524 March 1 if it intends to increase enrollment or expand grade 525 levels the following school year. The written notice shall 526 specify the amount of the enrollment increase and the grade 527 levels that will be added, as applicable. 528 (

d) A charter may be modified during its initial term or 529 any renewal term upon the recommendation of the sponsor or the 530 charter school’s governing board and the approval of both 531 parties to the agreement. Modification during any term may 532 include, but is not limited to, consolidation of multiple 533 charters into a single charter if the charters are operated 534 under the same governing board, regardless of the renewal cycle. 535 A charter school that is not subject to a school improvement 536 plan and that closes as part of a consolidation shall be 537 reported by the sponsor school district as a consolidation. 538

(8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.— 539 (

d) When a charter is not renewed or is terminated, the 540 school shall be dissolved under the provisions of law under 541 which the school was organized, and any unencumbered public 542 funds, except for capital outlay funds and federal charter 543 school program grant funds, from the charter school shall revert 544 to the sponsor. Capital outlay funds provided pursuant to s. 545 1013.62 and federal charter school program grant funds that are 546 unencumbered shall revert to the department to be redistributed 547 among eligible charter schools.

In the event a charter school is 548 dissolved or is otherwise terminated, all sponsor district 549 school board property and improvements, furnishings, and 550 equipment purchased with public funds shall automatically revert 551

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 20 of 39 CODING: Words stricken are deletions; words underlined are additions. to full ownership by the sponsor district school board, subject 552 to complete satisfaction of any lawful liens or encumbrances. 553 Any unencumbered public funds from the charter school, district 554 school board property and improvements, furnishings, and 555 equipment purchased with public funds, or financial or other 556 records pertaining to the charter school, in the possession of 557 any person, entity, or holding company, other than the charter 558 school, shall be held in trust upon the sponsor’s district 559 school board’s request, until any appeal status is resolved. 560 (

e) If a charter is not renewed or is terminated, the 561 charter school is responsible for all debts of the charter 562 school. The sponsor district may not assume the debt from any 563 contract made between the governing body of the school and a 564 third party, except for a debt that is previously detailed and 565 agreed upon in writing by both the sponsor district and the 566 governing body of the school and that may not reasonably be 567 assumed to have been satisfied by the sponsor district. 568

(9) CHARTER SCHOOL REQUIREMENTS.— 569 (g)1. In order to provide financial information that is 570 comparable to that reported for other public schools, charter 571 schools are to maintain all financial records that constitute 572 their accounting system: 573 a. In accordance with the accounts and codes prescribed in 574 the most recent issuance of the publication titled “Financial 575 and Program Cost Accounting and Reporting for Florida Schools”; 576 or 577 b. At the discretion of the charter school’s governing 578 board, a charter school may elect to follow generally accepted 579 accounting standards for not-for-profit organizations, but must 580

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 21 of 39 CODING: Words stricken are deletions; words underlined are additions. reformat this information for reporting according to this 581 paragraph. 582 2. Charter schools shall provide annual financial report 583 and program cost report information in the state-required 584 formats for inclusion in sponsor district reporting in 585 compliance with s. 1011.60(1).

Charter schools that are operated 586 by a municipality or are a component unit of a parent nonprofit 587 organization may use the accounting system of the municipality 588 or the parent but must reformat this information for reporting 589 according to this paragraph. 590 3. A charter school shall, upon approval of the charter 591 contract, provide the sponsor with a concise, uniform, monthly 592 financial statement

summary sheet that contains a balance sheet 593 and a statement of revenue, expenditures, and changes in fund 594 balance. The balance sheet and the statement of revenue, 595 expenditures, and changes in fund balance shall be in the 596 governmental funds format prescribed by the Governmental 597 Accounting Standards Board. A high-performing charter school 598 pursuant to s. 1002.331 may provide a quarterly financial 599 statement in the same format and requirements as the uniform 600 monthly financial statement

summary sheet. The sponsor shall 601 review each monthly or quarterly financial statement to identify 602 the existence of any conditions identified in s. 1002.345(1)(a). 603 4. A charter school shall maintain and provide financial 604 information as required in this paragraph. The financial 605 statement required in subparagraph 3. must be in a form 606 prescribed by the Department of Education. 607 (n)1. The director and a representative of the governing 608 board of a charter school that has earned a grade of “D” or “F” 609

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 22 of 39 CODING: Words stricken are deletions; words underlined are additions. pursuant to s. 1008.34 shall appear before the sponsor to 610 present information concerning each contract component having 611 noted deficiencies. The director and a representative of the 612 governing board shall submit to the sponsor for approval a 613 school improvement plan to raise student performance. Upon 614 approval by the sponsor, the charter school shall begin 615 implementation of the school improvement plan.

The department 616 shall offer technical assistance and training to the charter 617 school and its governing board and establish guidelines for 618 developing, submitting, and approving such plans. 619 2.a. If a charter school earns three consecutive grades 620 below a “C,” the charter school governing board shall choose one 621 of the following corrective actions: 622 (

I) Contract for educational services to be provided 623 directly to students, instructional personnel, and school 624 administrators, as prescribed in state board rule; 625 (II) Contract with an outside entity that has a 626 demonstrated record of effectiveness to operate the school; 627 (III) Reorganize the school under a new director or 628 principal who is authorized to hire new staff; or 629 (IV) Voluntarily close the charter school. 630 b. The charter school must implement the corrective action 631 in the school year following receipt of a third consecutive 632 grade below a “C.” 633 c.

The sponsor may annually waive a corrective action if it 634 determines that the charter school is likely to improve a letter 635 grade if additional time is provided to implement the 636 intervention and support strategies prescribed by the school 637 improvement plan. Notwithstanding this sub-subparagraph, a 638

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 23 of 39 CODING: Words stricken are deletions; words underlined are additions. charter school that earns a second consecutive grade of “F” is 639 subject to subparagraph 3. 640 d. A charter school is no longer required to implement a 641 corrective action if it improves to a “C” or higher. However, 642 the charter school must continue to implement strategies 643 identified in the school improvement plan.

The sponsor must 644 annually review implementation of the school improvement plan to 645 monitor the school’s continued improvement pursuant to 646 subparagraph 4. 647 e. A charter school implementing a corrective action that 648 does not improve to a “C” or higher after 2 full school years of 649 implementing the corrective action must select a different 650 corrective action.

Implementation of the new corrective action 651 must begin in the school year following the implementation 652 period of the existing corrective action, unless the sponsor 653 determines that the charter school is likely to improve to a “C” 654 or higher if additional time is provided to implement the 655 existing corrective action. Notwithstanding this sub-656 subparagraph, a charter school that earns a second consecutive 657 grade of “F” while implementing a corrective action is subject 658 to subparagraph 3. 659 3.

A charter school’s charter contract is automatically 660 terminated if the school earns two consecutive grades of “F” 661 after all school grade appeals are final unless: 662 a. The charter school is established to turn around the 663 performance of a district public school pursuant to s. 664 1008.33(4)(b)2. Such charter schools shall be governed by s. 665 1008.33; 666 b. The charter school serves a student population the 667

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 24 of 39 CODING: Words stricken are deletions; words underlined are additions. majority of which resides in a school zone served by a district 668 public school subject to s. 1008.33(4) and the charter school 669 earns at least a grade of “D” in its third year of operation. 670 The exception provided under this sub-subparagraph does not 671 apply to a charter school in its fourth year of operation and 672 thereafter; or 673 c. The state board grants the charter school a waiver of 674 termination.

The charter school must request the waiver within 675 15 days after the department’s official release of school 676 grades. The state board may waive termination if the charter 677 school demonstrates that the Learning Gains of its students on 678 statewide assessments are comparable to or better than the 679 Learning Gains of similarly situated students enrolled in nearby 680 district public schools. The waiver is valid for 1 year and may 681 only be granted once.

Charter schools that have been in 682 operation for more than 5 years are not eligible for a waiver 683 under this sub-subparagraph. 684 685 The sponsor shall notify the charter school’s governing board, 686 the charter school principal, and the department in writing when 687 a charter contract is terminated under this subparagraph. A 688 charter terminated under this subparagraph must follow the 689 procedures for dissolution and reversion of public funds 690 pursuant to paragraphs (8)(d)-(

f) and (9)(o). 691 4. The director and a representative of the governing board 692 of a graded charter school that has implemented a school 693 improvement plan under this paragraph shall appear before the 694 sponsor at least once a year to present information regarding 695 the progress of intervention and support strategies implemented 696

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 25 of 39 CODING: Words stricken are deletions; words underlined are additions. by the school pursuant to the school improvement plan and 697 corrective actions, if applicable. The sponsor shall communicate 698 at the meeting, and in writing to the director, the services 699 provided to the school to help the school address its 700 deficiencies. 701 5. Notwithstanding any provision of this paragraph except 702 sub-subparagraphs 3.a.-c., the sponsor may terminate the charter 703 at any time pursuant to subsection (8). 704

(10) ELIGIBLE STUDENTS.— 705 (

e) A charter school may limit the enrollment process only 706 to target the following student populations: 707 1. Students within specific age groups or grade levels. 708 2. Students considered at risk of dropping out of school or 709 academic failure. Such students shall include exceptional 710 education students. 711 3. Students enrolling in a charter school-in-the-workplace 712 or charter school-in-a-municipality established pursuant to 713 subsection (15). 714 4. Students residing within a reasonable distance of the 715 charter school, as described in paragraph (20)(c).

Such students 716 shall be subject to a random lottery and to the racial/ethnic 717 balance provisions described in subparagraph (7)(a)8. or any 718 federal provisions that require a school to achieve a 719 racial/ethnic balance reflective of the community it serves or 720 within the racial/ethnic range of other nearby public schools in 721 the same school district. 722 5. Students who meet reasonable academic, artistic, or 723 other eligibility standards established by the charter school 724 and included in the charter school application and charter or, 725

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 26 of 39 CODING: Words stricken are deletions; words underlined are additions. in the case of existing charter schools, standards that are 726 consistent with the school’s mission and purpose. Such standards 727 shall be in accordance with current state law and practice in 728 public schools and may not discriminate against otherwise 729 qualified individuals. 730 6. Students articulating from one charter school to another 731 pursuant to an articulation agreement between the charter 732 schools that has been approved by the sponsor. 733 7.

Students living in a development in which a developer, 734 including any affiliated business entity or charitable 735 foundation, contributes to the formation, acquisition, 736 construction, or operation of one or more charter schools or 737 charter provides the school facilities facility and related 738 property in an amount equal to or having a total an appraised 739 value of at least $5 million to be used as a charter schools 740 school to mitigate the educational impact created by the 741 development of new residential dwelling units.

Students living 742 in the development are shall be entitled to no more than 50 743 percent of the student stations in the charter schools school. 744 The students who are eligible for enrollment are subject to a 745 random lottery, the racial/ethnic balance provisions, or any 746 federal provisions, as described in subparagraph 4. The 747 remainder of the student stations must shall be filled in 748 accordance with subparagraph 4. 749

(14) CHARTER SCHOOL FINANCIAL ARRANGEMENTS; INDEMNIFICATION 750 OF THE STATE AND SPONSOR SCHOOL DISTRICT; CREDIT OR TAXING POWER 751 NOT TO BE PLEDGED.—Any arrangement entered into to borrow or 752 otherwise secure funds for a charter school authorized in this 753

section from a source other than the state or a sponsor school 754

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 27 of 39 CODING: Words stricken are deletions; words underlined are additions. district shall indemnify the state and the sponsor school 755 district from any and all liability, including, but not limited 756 to, financial responsibility for the payment of the principal or 757 interest. Any loans, bonds, or other financial agreements are 758 not obligations of the state or the sponsor school district but 759 are obligations of the charter school authority and are payable 760 solely from the sources of funds pledged by such agreement.

The 761 credit or taxing power of the state or the sponsor school 762 district shall not be pledged and no debts shall be payable out 763 of any moneys except those of the legal entity in possession of 764 a valid charter approved by a sponsor district school board 765 pursuant to this section. 766

(15) CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER SCHOOLS-IN-767 A-MUNICIPALITY.— 768 (

c) A charter school-in-a-municipality designation may be 769 granted to a municipality that possesses a charter; enrolls 770 students based upon a random lottery that involves all of the 771 children of the residents of that municipality who are seeking 772 enrollment, as provided for in subsection (10); and enrolls 773 students according to the racial/ethnic balance provisions 774 described in subparagraph (7)(a)8.

When a municipality has 775 submitted charter applications for the establishment of a 776 charter school feeder pattern, consisting of elementary, middle, 777 and senior high schools, and each individual charter application 778 is approved by the sponsor district school board, such schools 779 shall then be designated as one charter school for all purposes 780 listed pursuant to this section. Any portion of the land and 781 facility used for a public charter school shall be exempt from 782 ad valorem taxes, as provided for in s. 1013.54, for the 783

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 28 of 39 CODING: Words stricken are deletions; words underlined are additions. duration of its use as a public school. 784

(17) FUNDING.—Students enrolled in a charter school, 785 regardless of the sponsorship, shall be funded as if they are in 786 a basic program or a special program, the same as students 787 enrolled in other public schools in a the school district. 788 Funding for a charter lab school shall be as provided in s. 789 1002.32. 790 (

a) Each charter school shall report its student enrollment 791 to the sponsor as required in s. 1011.62, and in accordance with 792 the

definitions in s. 1011.61. The sponsor shall include each 793 charter school’s enrollment in the sponsor’s district’s report 794 of student enrollment. All charter schools submitting student 795 record information required by the Department of Education shall 796 comply with the Department of Education’s guidelines for 797 electronic data formats for such data, and all sponsors 798 districts shall accept electronic data that complies with the 799 Department of Education’s electronic format. 800 (b)1.

The basis for the agreement for funding students 801 enrolled in a charter school shall be the sum of the school 802 district’s operating funds from the Florida Education Finance 803 Program as provided in s. 1011.62 and the General Appropriations 804 Act, including gross state and local funds, discretionary 805 lottery funds, and funds from the school district’s current 806 operating discretionary millage levy; divided by total funded 807 weighted full-time equivalent students in the school district; 808 and multiplied by the weighted full-time equivalent students for 809 the charter school.

Charter schools whose students or programs 810 meet the eligibility criteria in law are entitled to their 811 proportionate share of categorical program funds included in the 812

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 29 of 39 CODING: Words stricken are deletions; words underlined are additions. total funds available in the Florida Education Finance Program 813 by the Legislature, including transportation, the research-based 814 reading allocation, and the Florida digital classrooms 815 allocation.

Total funding for each charter school shall be 816 recalculated during the year to reflect the revised calculations 817 under the Florida Education Finance Program by the state and the 818 actual weighted full-time equivalent students reported by the 819 charter school during the full-time equivalent student survey 820 periods designated by the Commissioner of Education.

For charter 821 schools operated by a not-for-profit or municipal entity, any 822 unrestricted current and capital assets identified in the 823 charter school’s annual financial audit may be used for other 824 charter schools operated by the not-for-profit or municipal 825 entity within the school district. Unrestricted current assets 826 shall be used in accordance with s. 1011.62, and any 827 unrestricted capital assets shall be used in accordance with s. 828 1013.62(2). 829 2.a.

Students enrolled in a charter school sponsored by a 830 state university or Florida College System institution pursuant 831 to paragraph (5)(

a) shall be funded as if they are in a basic 832 program or a special program in the school district. The basis 833 for funding these students is the sum of the total operating 834 funds from the Florida Education Finance Program for the school 835 district in which the school is located as provided in s. 836 1011.62 and the General Appropriations Act, including gross 837 state and local funds, discretionary lottery funds, and funds 838 from each school district’s current operating discretionary 839 millage levy, divided by total funded weighted full-time 840 equivalent students in the district, and multiplied by the full-841

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 30 of 39 CODING: Words stricken are deletions; words underlined are additions. time equivalent membership of the charter school. The Department 842 of Education shall develop a tool that each state university or 843 Florida College System institution sponsoring a charter school 844 shall use for purposes of calculating the funding amount for 845 each eligible charter school student. The total amount obtained 846 from the calculation must be appropriated from state funds in 847 the General Appropriations Act to the charter school. 848 b.

Capital outlay funding for a charter school sponsored by 849 a state university or Florida College System institution 850 pursuant to paragraph (5)(

a) is determined pursuant to s. 851 1013.62 and the General Appropriations Act. 852 (

c) Pursuant to 20 U.S.C. 8061 s. 10306, all charter 853 schools shall receive all federal funding for which the school 854 is otherwise eligible, including Title I funding, not later than 855 5 months after the charter school first opens and within 5 856 months after any subsequent expansion of enrollment.

Unless 857 otherwise mutually agreed to by the charter school and its 858 sponsor, and consistent with state and federal rules and 859 regulations governing the use and disbursement of federal funds, 860 the sponsor shall reimburse the charter school on a monthly 861 basis for all invoices submitted by the charter school for 862 federal funds available to the sponsor for the benefit of the 863 charter school, the charter school’s students, and the charter 864 school’s students as public school students in the school 865 district.

Such federal funds include, but are not limited to, 866 Title I, Title II, and Individuals with Disabilities Education 867 Act (IDEA) funds. To receive timely reimbursement for an 868 invoice, the charter school must submit the invoice to the 869 sponsor at least 30 days before the monthly date of 870

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 31 of 39 CODING: Words stricken are deletions; words underlined are additions. reimbursement set by the sponsor. In order to be reimbursed, any 871 expenditures made by the charter school must comply with all 872 applicable state rules and federal regulations, including, but 873 not limited to, the applicable federal Office of Management and 874 Budget Circulars; the federal Education Department General 875 Administrative Regulations; and program-specific statutes, 876 rules, and regulations.

Such funds may not be made available to 877 the charter school until a plan is submitted to the sponsor for 878 approval of the use of the funds in accordance with applicable 879 federal requirements. The sponsor has 30 days to review and 880 approve any plan submitted pursuant to this paragraph. 881 (

d) Charter schools shall be included by the Department of 882 Education and the district school board in requests for federal 883 stimulus funds in the same manner as district school board-884 operated public schools, including Title I and IDEA funds and 885 shall be entitled to receive such funds. Charter schools are 886 eligible to participate in federal competitive grants that are 887 available as part of the federal stimulus funds. 888 (

e) Sponsors District school boards shall make timely and 889 efficient payment and reimbursement to charter schools, 890 including processing paperwork required to access special state 891 and federal funding for which they may be eligible. Payments of 892 funds under paragraph (

b) shall be made monthly or twice a 893 month, beginning with the start of the sponsor’s district school 894 board’s fiscal year. Each payment shall be one-twelfth, or one 895 twenty-fourth, as applicable, of the total state and local funds 896 described in paragraph (

b) and adjusted as set forth therein. 897 For the first 2 years of a charter school’s operation, if a 898 minimum of 75 percent of the projected enrollment is entered 899

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 32 of 39 CODING: Words stricken are deletions; words underlined are additions. into the sponsor’s student information system by the first day 900 of the current month, the sponsor district school board shall 901 distribute funds to the school for the months of July through 902 October based on the projected full-time equivalent student 903 membership of the charter school as submitted in the approved 904 application.

If less than 75 percent of the projected enrollment 905 is entered into the sponsor’s student information system by the 906 first day of the current month, the sponsor shall base payments 907 on the actual number of student enrollment entered into the 908 sponsor’s student information system. Thereafter, the results of 909 full-time equivalent student membership surveys shall be used in 910 adjusting the amount of funds distributed monthly to the charter 911 school for the remainder of the fiscal year.

The payments shall 912 be issued no later than 10 working days after the sponsor 913 district school board receives a distribution of state or 914 federal funds or the date the payment is due pursuant to this 915 subsection.

If a warrant for payment is not issued within 10 916 working days after receipt of funding by the sponsor district 917 school board, the sponsor school district shall pay to the 918 charter school, in addition to the amount of the scheduled 919 disbursement, interest at a rate of 1 percent per month 920 calculated on a daily basis on the unpaid balance from the 921 expiration of the 10 working days until such time as the warrant 922 is issued. The district school board may not delay payment to a 923 charter school of any portion of the funds provided in paragraph 924 (

b) based on the timing of receipt of local funds by the 925 district school board. 926 (

f) Funding for a virtual charter school shall be as 927 provided in s. 1002.45(7). 928

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 33 of 39 CODING: Words stricken are deletions; words underlined are additions. (

g) To be eligible for public education capital outlay 929 (PECO) funds, a charter school must be located in the State of 930 Florida. 931 (

h) A charter school that implements a schoolwide standard 932 student attire policy pursuant to s. 1011.78 is eligible to 933 receive incentive payments. 934

(18) FACILITIES.— 935 (

e) If a district school board facility or property is 936 available because it is surplus, marked for disposal, or 937 otherwise unused, it shall be provided for a charter school’s 938 use on the same basis as it is made available to other public 939 schools in the district. A charter school receiving property 940 from the sponsor school district may not sell or dispose of such 941 property without written permission of the sponsor school 942 district.

Similarly, for an existing public school converting to 943 charter status, no rental or leasing fee for the existing 944 facility or for the property normally inventoried to the 945 conversion school may be charged by the district school board to 946 the parents and teachers organizing the charter school. The 947 charter school shall agree to reasonable maintenance provisions 948 in order to maintain the facility in a manner similar to 949 district school board standards.

The Public Education Capital 950 Outlay maintenance funds or any other maintenance funds 951 generated by the facility operated as a conversion school shall 952 remain with the conversion school. 953

(20) SERVICES.— 954 (a)1. A sponsor shall provide certain administrative and 955 educational services to charter schools. These services shall 956 include contract management services; full-time equivalent and 957

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 34 of 39 CODING: Words stricken are deletions; words underlined are additions. data reporting services; exceptional student education 958 administration services; services related to eligibility and 959 reporting duties required to ensure that school lunch services 960 under the National School Lunch Program, consistent with the 961 needs of the charter school, are provided by the sponsor school 962 district at the request of the charter school, that any funds 963 due to the charter school under the National School Lunch 964 Program be paid to the charter school as soon as the charter 965 school begins serving food under the National School Lunch 966 Program, and that the charter school is paid at the same time 967 and in the same manner under the National School Lunch Program 968 as other public schools serviced by the sponsor or the school 969 district; test administration services, including payment of the 970 costs of state-required or district-required student 971 assessments; processing of teacher certificate data services; 972 and information services, including equal access to the 973 sponsor’s student information systems that are used by public 974 schools in the district in which the charter school is located 975 or by schools in the sponsor’s portfolio of charter schools if 976 the sponsor is not a school district.

Student performance data 977 for each student in a charter school, including, but not limited 978 to, FCAT scores, standardized test scores, previous public 979 school student report cards, and student performance measures, 980 shall be provided by the sponsor to a charter school in the same 981 manner provided to other public schools in the district or by 982 schools in the sponsor’s portfolio of charter schools if the 983 sponsor is not a school district. 984 2. A sponsor may withhold an administrative fee for the 985 provision of such services which shall be a percentage of the 986

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 35 of 39 CODING: Words stricken are deletions; words underlined are additions. available funds defined in paragraph (17)(

b) calculated based on 987 weighted full-time equivalent students. If the charter school 988 serves 75 percent or more exceptional education students as 989 defined in s. 1003.01(3), the percentage shall be calculated 990 based on unweighted full-time equivalent students. The 991 administrative fee shall be calculated as follows: 992 a. Up to 5 percent for: 993 (

I) Enrollment of up to and including 250 students in a 994 charter school as defined in this section. 995 (II) Enrollment of up to and including 500 students within 996 a charter school system which meets all of the following: 997 (

A) Includes conversion charter schools and nonconversion 998 charter schools. 999 (

B) Has all of its schools located in the same county. 1000 (

C) Has a total enrollment exceeding the total enrollment 1001 of at least one school district in the state. 1002 (

D) Has the same governing board for all of its schools. 1003 (

E) Does not contract with a for-profit service provider 1004 for management of school operations. 1005 (III) Enrollment of up to and including 250 students in a 1006 virtual charter school. 1007 b. Up to 2 percent for enrollment of up to and including 1008 250 students in a high-performing charter school as defined in 1009 s. 1002.331. 1010 3. A sponsor may not charge charter schools any additional 1011 fees or surcharges for administrative and educational services 1012 in addition to the maximum percentage of administrative fees 1013 withheld pursuant to this paragraph. 1014 4. A sponsor shall provide to the department by September 1015

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 36 of 39 CODING: Words stricken are deletions; words underlined are additions. 15 of each year the total amount of funding withheld from 1016 charter schools pursuant to this subsection for the prior fiscal 1017 year. The department must include the information in the report 1018 required under sub-sub-subparagraph (5)(b)1.k.(III). 1019 (

b) If goods and services are made available to the charter 1020 school through the contract with the sponsor school district, 1021 they shall be provided to the charter school at a rate no 1022 greater than the sponsor’s district’s actual cost unless 1023 mutually agreed upon by the charter school and the sponsor in a 1024 contract negotiated separately from the charter.

When mediation 1025 has failed to resolve disputes over contracted services or 1026 contractual matters not included in the charter, an appeal may 1027 be made to an administrative law judge appointed by the Division 1028 of Administrative Hearings. The administrative law judge has 1029 final order authority to rule on the dispute. The administrative 1030 law judge shall award the prevailing party reasonable attorney 1031 fees and costs incurred during the mediation process, 1032 administrative proceeding, and any appeals, to be paid by the 1033 party whom the administrative law judge rules against.

To 1034 maximize the use of state funds, sponsors school districts shall 1035 allow charter schools to participate in the sponsor’s bulk 1036 purchasing program if applicable. 1037 (

c) Transportation of charter school students shall be 1038 provided by the charter school consistent with the requirements 1039 of subpart I.E. of

chapter 1006 and s. 1012.45. The governing 1040 body of the charter school may provide transportation through an 1041 agreement or contract with the sponsor district school board, a 1042 private provider, or parents. The charter school and the sponsor 1043 shall cooperate in making arrangements that ensure that 1044

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 37 of 39 CODING: Words stricken are deletions; words underlined are additions. transportation is not a barrier to equal access for all students 1045 residing within a reasonable distance of the charter school as 1046 determined in its charter. 1047 (

d) Each charter school shall annually complete and submit 1048 a survey, provided in a format specified by the Department of 1049 Education, to rate the timeliness and quality of services 1050 provided by the sponsor district in accordance with this 1051 section. The department shall compile the results, by sponsor 1052 district, and include the results in the report required under 1053 sub-sub-subparagraph (5)(b)1.k.(III). 1054

(21) PUBLIC INFORMATION ON CHARTER SCHOOLS.— 1055 (

a) The Department of Education shall provide information 1056 to the public, directly and through sponsors, on how to form and 1057 operate a charter school and how to enroll in a charter school 1058 once it is created. This information shall include the standard 1059 application form, standard charter contract, standard evaluation 1060 instrument, and standard charter renewal contract, which shall 1061 include the information specified in subsection (7) and shall be 1062 developed by consulting and negotiating with both sponsors 1063 school districts and charter schools before implementation.

The 1064 charter and charter renewal contracts shall be used by charter 1065 school sponsors. 1066 (b)1. The Department of Education shall report to each 1067 charter school receiving a school grade pursuant to s. 1008.34 1068 or a school improvement rating pursuant to s. 1008.341 the 1069 school’s student assessment data. 1070 2. The charter school shall report the information in 1071 subparagraph 1. to each parent of a student at the charter 1072 school, the parent of a child on a waiting list for the charter 1073

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 38 of 39 CODING: Words stricken are deletions; words underlined are additions. school, the sponsor district in which the charter school is 1074 located, and the governing board of the charter school. This 1075 paragraph does not abrogate the provisions of s. 1002.22, 1076 relating to student records, or the requirements of 20 U.S.C. s. 1077 1232g, the Family Educational Rights and Privacy Act. 1078

(25) LOCAL EDUCATIONAL AGENCY STATUS FOR CERTAIN CHARTER 1079 SCHOOL SYSTEMS.— 1080 (

a) A charter school system’s governing board shall be 1081 designated a local educational agency for the purpose of 1082 receiving federal funds, the same as though the charter school 1083 system were a school district, if the governing board of the 1084 charter school system has adopted and filed a resolution with 1085 its sponsor sponsoring district school board and the Department 1086 of Education in which the governing board of the charter school 1087 system accepts the full responsibility for all local education 1088 agency requirements and the charter school system meets all of 1089 the following: 1090 1.

Has all schools located in the same county; 1091 2. Has a total enrollment exceeding the total enrollment of 1092 at least one school district in the state; and 1093 3. Has the same governing board. 1094 1095 Such designation does not apply to other provisions unless 1096 specifically provided in law. 1097

(28) RULEMAKING.—The Department of Education, after 1098 consultation with sponsors school districts and charter school 1099 directors, shall recommend that the State Board of Education 1100 adopt rules to implement specific subsections of this section. 1101 Such rules shall require minimum paperwork and shall not limit 1102

Florida Senate - 2021 SB 1028 7-00634-21 20211028__ Page 39 of 39 CODING: Words stricken are deletions; words underlined are additions. charter school flexibility authorized by statute. The State 1103 Board of Education shall adopt rules, pursuant to ss. 120.536(1) 1104 and 120.54, to implement a standard charter application form, 1105 standard application form for the replication of charter schools 1106 in a high-performing charter school system, standard evaluation 1107 instrument, and standard charter and charter renewal contracts 1108 in accordance with this section. 1109

Section 2. Paragraph (

a) of subsection (1) of

section 1110 1003.493, Florida Statutes, is amended to read: 1111 1003.493 Career and professional academies and career-1112 themed courses.— 1113 (1)(

a) A “career and professional academy” is a research-1114 based program that integrates a rigorous academic curriculum 1115 with an industry-specific curriculum aligned directly to 1116 priority workforce needs established by the local workforce 1117 development board or the Department of Economic Opportunity. 1118 Career and professional academies shall be offered by public 1119 schools and school districts. Career and professional academies 1120 may be offered by charter schools. The Florida Virtual School is 1121 encouraged to develop and offer rigorous career and professional 1122 courses as appropriate.

Students completing career and 1123 professional academy programs must receive a standard high 1124 school diploma, the highest available industry certification, 1125 and opportunities to earn postsecondary credit if the academy 1126 partners with a postsecondary institution approved to operate in 1127 the state. 1128

Section 3. This act shall take effect July 1, 2021. 1129