April 24, 2019
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       CS for SB 2262                                   First Engrossed
       
       
       
       
       
       
       
       
       20102262e1
       
    1                        A bill to be entitled                      
    2         An act relating to charter schools; amending s.
    3         1002.33, F.S.; revising requirements for providing
    4         financial statements to the sponsor of a charter
    5         school; authorizing a governing body to oversee
    6         multiple charter schools; providing requirements for
    7         designation as a high-performing charter school;
    8         authorizing a high-performing charter school to
    9         increase enrollment and receive capital outlay funds;
   10         authorizing a newly approved charter school operated
   11         by a high-performing education service provider to
   12         receive a 15-year initial charter and become a high
   13         performing charter school; providing requirements for
   14         retention of designation as a high-performing charter
   15         school; authorizing preference for enrollment in a
   16         charter school-in-the-workplace and a charter school
   17         in-a-municipality for certain students; authorizing a
   18         nonprofit organization to operate multiple charter
   19         schools as a network of affiliated schools; revising
   20         requirements for the establishment of a charter
   21         school-in-the-workplace; providing that a charter
   22         school-in-the-workplace is eligible for capital outlay
   23         funding if it meets specified requirements; removing a
   24         reporting requirement relating to student assessment
   25         data; requiring the Office of Program Policy Analysis
   26         and Government Accountability to conduct a study
   27         comparing the funding of charter schools with
   28         traditional public schools and examining certain
   29         funding and costs; requiring recommendations to the
   30         Governor and Legislature, if warranted, for improving
   31         the accountability and equity of the funding system
   32         for charter schools; creating s. 1002.46, F.S.;
   33         providing for the establishment of charter virtual
   34         schools; providing requirements for participation in
   35         the program; providing requirements for student
   36         eligibility; providing for funding; providing
   37         exceptions from certain requirements; providing an
   38         effective date.
   39  
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. Paragraphs (g) and (i) of subsection (9),
   43  paragraph (d) of subsection (10), paragraph (b) of subsection
   44  (15), and paragraph (b) of subsection (21) of section 1002.33,
   45  Florida Statutes, are amended, and paragraph (q) is added to
   46  subsection (9) of that section, to read:
   47         1002.33 Charter schools.—
   48         (9) CHARTER SCHOOL REQUIREMENTS.—
   49         (g) In order to provide financial information that is
   50  comparable to that reported for other public schools, charter
   51  schools are to maintain all financial records that constitute
   52  their accounting system:
   53         1. In accordance with the accounts and codes prescribed in
   54  the most recent issuance of the publication titled “Financial
   55  and Program Cost Accounting and Reporting for Florida Schools”;
   56  or
   57         2. At the discretion of the charter school governing board,
   58  a charter school may elect to follow generally accepted
   59  accounting standards for not-for-profit organizations, but must
   60  reformat this information for reporting according to this
   61  paragraph.
   62  
   63  Charter schools shall provide annual financial report and
   64  program cost report information in the state-required formats
   65  for inclusion in district reporting in compliance with s.
   66  1011.60(1). Charter schools that are operated by a municipality
   67  or are a component unit of a parent nonprofit organization may
   68  use the accounting system of the municipality or the parent but
   69  must reformat this information for reporting according to this
   70  paragraph. A charter school shall provide a monthly financial
   71  statement to the sponsor, unless the charter school is
   72  designated as a high-performing charter school under paragraph
   73  (q), in which case the high-performing charter school shall
   74  provide a quarterly financial statement. The monthly financial
   75  statement required under this paragraph shall be in a form
   76  prescribed by the Department of Education.
   77         (i) The governing body of the charter school shall exercise
   78  continuing oversight over charter school operations. A governing
   79  body may oversee more than one charter school in more than one
   80  school district.
   81         (q)1. For purposes of this paragraph, the term:
   82         a. “Entity” means a municipality or other public entity as
   83  authorized by law to operate a charter school; a private, not
   84  for-profit, s. 501(c)(3) status corporation; or a private, for
   85  profit corporation.
   86         b. “High-performing education service provider” means an
   87  entity that:
   88         (I) Operates at least two high-performing charter schools
   89  in this state;
   90         (II) Has received a school grade of “A” or “B” during the
   91  previous 3 years for at least 75 percent of the charter schools
   92  operated by the entity in this state; and
   93         (III) Has not received a school grade of “F” during any of
   94  the previous 3 years for any charter school operated by the
   95  entity in this state.
   96         2. A charter school shall be designated as a high
   97  performing charter school if during each of the previous 3 years
   98  the charter school:
   99         a. Received a school grade of “A” or “B”;
  100         b. Received an unqualified opinion on each financial audit
  101  required under s. 218.39; and
  102         c. Did not receive a financial audit that revealed one or
  103  more of the conditions set forth in s. 218.503(1).
  104         3. A high-performing charter school may:
  105         a. Increase the school’s student enrollment once per year
  106  by up to 25 percent more than the capacity authorized pursuant
  107  to paragraph (10)(h).
  108         b. Receive charter school capital outlay funds under s.
  109  1013.62. A high-performing charter school is not required to
  110  comply with s. 1013.62(1)(a)1.-3. but must comply with all other
  111  requirements of s. 1013.62 in order to receive charter school
  112  capital outlay funds as provided in this sub-subparagraph.
  113         4. A high-performing education service provider may submit
  114  an application pursuant to subsection (6) to establish and
  115  operate a new charter school that will replicate one or more of
  116  the provider’s existing high-performing charter schools. Upon
  117  approval of the application by the sponsor, the new charter
  118  school shall be granted an initial charter for a term of 15
  119  years and be designated as a high-performing charter school. The
  120  15-year charter is subject to annual review and may be
  121  terminated during its term pursuant to subsection (8).
  122         5.a. A charter school that is designated as a high
  123  performing charter school may retain such designation pursuant
  124  to:
  125         (I) Subparagraph 2. if the school’s governing board, by
  126  July 1 of each year, demonstrates in writing to the school’s
  127  sponsor that the charter school continues to meet the
  128  requirements of subparagraph 2.
  129         (II) Subparagraph 4. during the school’s initial 3 years of
  130  operation if the entity operating the school continues to meet
  131  the definition of a high-performing education service provider
  132  under sub-subparagraph 1.b. After the high-performing charter
  133  school has operated for 3 years, the school must comply with
  134  sub-sub-subparagraph (I) in order to retain its designation as a
  135  high-performing charter school.
  136         b. The high-performing charter school designation shall be
  137  removed if the charter school does not meet the requirements of
  138  sub-subparagraph a.
  139         (10) ELIGIBLE STUDENTS.—
  140         (d) A charter school may give enrollment preference to the
  141  following student populations:
  142         1. Students who are siblings of a student enrolled in the
  143  charter school.
  144         2. Students who are the children of a member of the
  145  governing board of the charter school.
  146         3. Students who are the children of an employee of the
  147  charter school.
  148         4. Students who are the children of an employee of a
  149  business or corporation that is in partnership with a charter
  150  school-in-the-workplace or students who are the children of a
  151  resident of a municipality that operates a charter school-in-a
  152  municipality pursuant to subsection (15).
  153         (15) CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER SCHOOLS-IN
  154  A-MUNICIPALITY.—
  155         (b) A charter school-in-the-workplace may be established
  156  when a business partner or a municipality:
  157         1. Provides one of the following:
  158         a. Access to a the school facility to be used;
  159         b. Resources that materially reduce the cost of
  160  constructing a school facility;
  161         c. Land for a school facility; or
  162         d. Resources to maintain a school facility;
  163         2. Enrolls students based upon a random lottery that
  164  involves all of the children of employees of that business,
  165  corporation, or within that municipality, or corporation who are
  166  seeking enrollment, as provided for in subsection (10); and
  167         3. Enrolls students according to the racial/ethnic balance
  168  provisions described in subparagraph (7)(a)8.
  169  
  170  A charter school-in-the-workplace is eligible for charter school
  171  capital outlay funding if it meets the requirements in s.
  172  1013.62. Any portion of a facility used for a public charter
  173  school shall be exempt from ad valorem taxes, as provided for in
  174  s. 1013.54, for the duration of its use as a public school.
  175         (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.—
  176         (b)1. The Department of Education shall report student
  177  assessment data pursuant to s. 1008.34(3)(c) which is reported
  178  to schools that receive a school grade or student assessment
  179  data pursuant to s. 1008.341(3) which is reported to alternative
  180  schools that receive a school improvement rating to each charter
  181  school that:
  182         a. Does not receive a school grade pursuant to s. 1008.34
  183  or a school improvement rating pursuant to s. 1008.341; and
  184         b. Serves at least 10 students who are tested on the
  185  statewide assessment test pursuant to s. 1008.22.
  186         2. The charter school shall report the information in
  187  subparagraph 1. to each parent of a student at the charter
  188  school, the parent of a child on a waiting list for the charter
  189  school, the district in which the charter school is located, and
  190  the governing board of the charter school. This paragraph does
  191  not abrogate the provisions of s. 1002.22, relating to student
  192  records, or the requirements of 20 U.S.C. s. 1232g, the Family
  193  Educational Rights and Privacy Act.
  194         3.a. Pursuant to this paragraph, the Department of
  195  Education shall compare the charter school student performance
  196  data for each charter school in subparagraph 1. with the student
  197  performance data in traditional public schools in the district
  198  in which the charter school is located and other charter schools
  199  in the state. For alternative charter schools, the department
  200  shall compare the student performance data described in this
  201  paragraph with all alternative schools in the state. The
  202  comparative data shall be provided by the following grade
  203  groupings:
  204         (I) Grades 3 through 5;
  205         (II) Grades 6 through 8; and
  206         (III) Grades 9 through 11.
  207         b. Each charter school shall provide the information
  208  specified in this paragraph on its Internet website and also
  209  provide notice to the public at large in a manner provided by
  210  the rules of the State Board of Education. The State Board of
  211  Education shall adopt rules to administer the notice
  212  requirements of this subparagraph pursuant to ss. 120.536(1) and
  213  120.54. The website shall include, through links or actual
  214  content, other information related to school performance.
  215         Section 2. (1) The Office of Program Policy Analysis and
  216  Government Accountability (OPPAGA) shall conduct a study
  217  comparing the funding of charter schools with traditional public
  218  schools and shall:
  219         (a) Identify the school districts that distribute funds
  220  generated by the capital improvement millage authorized pursuant
  221  to s. 1011.71(2), Florida Statutes, to charter schools and the
  222  use of such funds by the charter schools.
  223         (b) Determine the amount of funds that would be available
  224  to charter schools if school districts equitably distribute to
  225  district schools, including charter schools, funds generated by
  226  the capital improvement millage authorized pursuant to s.
  227  1011.71(2), Florida Statutes.
  228         (c) Examine the costs associated with supervising charter
  229  schools and determine if the 5 percent administrative fee for
  230  administrative and educational services for charter schools
  231  covers the costs associated with the provision of the services.
  232         (2) OPPAGA shall make recommendations, if warranted, for
  233  improving the accountability and equity of the funding system
  234  for charter schools based on the findings of the study. The
  235  results of the study shall be provided to the Governor, the
  236  President of the Senate, and the Speaker of the House of
  237  Representatives no later than January 1, 2011.
  238         Section 3. Section 1002.46, Florida Statutes, is created to
  239  read:
  240         1002.46 Charter virtual school.—
  241         (1) ESTABLISHMENT.—A charter virtual school shall be part
  242  of the state’s program of public education.
  243         (2) VIRTUAL INSTRUCTION.—A provider of virtual instruction
  244  that has been approved by the Department of Education pursuant
  245  to s. 1002.45 and that has a charter school agreement approved
  246  by a district school board pursuant to s. 1002.33 may be
  247  established as a charter virtual school as provided in this
  248  section and may provide virtual instruction to students who
  249  reside in the district in which the charter is granted.
  250         (3) PROGRAM REQUIREMENTS.—A charter virtual school must
  251  meet the requirements of program definitions, provider
  252  qualifications, virtual instruction, contract requirements,
  253  student participation, and assessment and accountability as
  254  provided in s. 1002.45(1)(a) and (b), (2), (3), (4), (6), and
  255  (8).
  256         (4) STUDENT ELGIBILITY.—A charter virtual school may enroll
  257  a student who resides in the school district in which the
  258  charter is granted and meets the requirements of s.
  259  1002.45(5)(a), (b), or (c).
  260         (5) FUNDING.—Funding for a charter virtual school shall be
  261  through the Florida Education Finance Program as follows:
  262         (a) A full-time equivalent student shall be reported as
  263  required under s. 1011.61(1)(c)1.b.(III) or (IV).
  264         (b) A charter virtual school shall report its full-time
  265  equivalent students to the school district in which the charter
  266  is granted in the manner prescribed by the Department of
  267  Education.
  268         (c) School districts shall report charter virtual school
  269  full-time equivalent students to the Department of Education in
  270  the manner prescribed by the department and the eligible FTE
  271  shall be funded through the Florida Education Finance Program.
  272         (d) For each eligible full-time equivalent student reported
  273  by a charter virtual school and funded in the Florida Education
  274  Finance Program, the school district shall receive an annual
  275  allocation for operation which is equivalent to the funds per
  276  unweighted student as provided to the Florida Virtual School.
  277  This amount shall be included in the basic amount to be included
  278  for operation under the Florida Education Finance Program for
  279  each district; however, these payments and full-time equivalent
  280  students may not be used for any other calculation under the
  281  Florida Education Finance Program. The school district may
  282  retain an administrative fee pursuant to s. 1002.33(20)(a) prior
  283  to the distribution of funds to the charter virtual school.
  284         (6) EXCEPTIONS.—A charter virtual school is not required to
  285  meet the educational facilities or student transportation
  286  requirements for charter schools under s. 1002.33.
  287         Section 4. This act shall take effect July 1, 2010.

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