HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 857 Charter Schools
SPONSOR(S): Education & Employment Committee, Choice & Innovation Subcommittee, Daniels and others
TIED BILLS: None. IDEN./SIM. BILLS: SB 1680
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY
CHIEF
1) Choice & Innovation Subcommittee 15 Y, 2 N, As CS McDaniel Sleap
2) Education & Employment Committee 19 Y, 1 N, As CS McDaniel Hassell
SUMMARY ANALYSIS
Current law authorizes a charter school to limit the enrollment process to students who meet reasonable
academic standards as established by the school. The bill clarifies that the admission and dismissal
procedures specified in a school’s charter may allow for dismissal based on a student’s academic
performance, if academic performance was identified in the school’s enrollment process.
The bill prohibits a landlord of a charter school, or his or her spouse, or an officer, director, or employee of an
entity that is a landlord of a charter school, or his or her spouse, from being a member of the governing board
of the charter school unless the charter school is established as a charter school-in-a-municipality and the
landlord is a municipal entity; or the landlord is a not-for-profit entity and a two-thirds majority vote of the
charter school board, excluding the vote of the landlord-affiliated board members, approves the landlord-
affiliated board member to be elected to, or remain on, the board.
The bill authorizes a charter school to assign its charter to a high-performing charter school operating in the
same district.
The bill requires the State Board of Education to adopt rules to implement a standard monitoring tool for
conducting annual site reviews of charter schools.
The bill amends the provision of student achievement for charter school capital outlay funding eligibility.
The bill authorizes a charter school operated by a not-for-profit entity to loan any unrestricted current or capital
assets identified in the charter school’s annual audit to another school operated by the same entity in another
school district in this state. The loan must be unforgiveable and repaid to the originating school by the receiving
school.
The bill authorizes a charter school governing board to adopt rules to allow for the issuance of an adjunct
teaching certificate to any applicant who fulfills the certification requirements under the law. A charter school
governing board must comply with the same requirements as a school district as it relates to certificate
issuance, validity period, posting requirements, and annual reporting.
The bill does not have a fiscal impact.
The bill has an effective date of July 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Charter Schools
Present Situation
All charter schools in Florida are tuition-free public schools within the state’s public education system. 1
One of the guiding principles of charter schools is to “meet high standards of student achievement while
providing parents flexibility to choose among diverse educational opportunities within the state’s public
school system.”2 Charter schools operate under a performance contract with a sponsor. 3 This
performance contract is known as a “charter.” 4
In Florida, several types of entities may authorize or “sponsor” charter schools:
School districts, Florida College System (FCS) institutions, and state universities may sponsor
charter schools.5
State universities may sponsor charter lab schools. 6
School districts, FCS institutions, or a consortium of school districts or FCS institutions may
sponsor a charter technical career center.7
During the 2021-2022 school year, there were 703 charter schools operating in 47 of Florida’s 67
school districts serving a total of 361,939 students. 8
Charter School Application
An application for a new charter school may be made by an individual, teachers, parents, a group of
individuals, a municipality or a legal entity organized under Florida law. 9 The school must be organized
as, or be operated by a municipality, a public entity authorized under the law, or a nonprofit
organization.10
Each charter school must have a governing board. The board is responsible for:
negotiating the school’s charter agreement with its sponsor;
exercising continuing oversight over the school’s operations;
adopting and maintaining an annual operating budget;
ensuring that annual audits are conducted;
submitting monthly financial statements to the sponsor and implementing corrective actions to
remedy financial instability;
submitting the school’s annual progress report to the sponsor; and
1 Section 1002.33(1), F.S. Florida’s first charter school law was enacted in 1996. Chapter 96-186, L.O.F., initially codified at s.
228.056, F.S., re-designated in 2002 as s. 1002.33, F.S.
2 Section 1002.33(2)(a)1., F.S.
3 Section 1002.33(1), (7), and (9)(a), F.S.
4 Section 1002.33(7) and (9)(c), F.S.
5 Section 1002.33(5)(a)1.-3., F.S.; In 2021, the Legislature authorized Florida’s state universities and FCS institutions to solicit
applications and sponsor charter schools upon approval by the DOE. A state un iversity or FCS institution may, at its discretion, deny
an application for a charter school. S. 1002.33(5)(a)3.c., F.S.
6 Sections 1002.32(2) and 1002.33(5)(a)2., F.S.
7 Section 1002.34(3)(a)-(b), F.S.
8 Florida Department of Education, Office of Independent Education & Parental Choice Reports, Fact Sheet, Florida’s Charter
Schools (Sept. 2022), available at https://www.fldoe.org/core/fileparse.php/7778/urlt/Charter-Sept-2022.pdf.
9 Section 1002.33(3)(a), F.S. see also Rule 6A-6.0786, F.A.C. and Florida Department of Education, Charter Schools, Model
Application Forms, https://www.fldoe.org/schools/school-choice/charter-schools/charter-school-reference/ (last visited Mar. 8, 2023).
10 Section 1002.33(12)(i), F.S. While a charter school must be a public or nonprofit entity, it may be managed by a for-profit education
management organization. Id.
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adopting policies which establish standards of ethical conduct for educational support
employees, instructional personnel, and school administrators. 11
A sponsor must receive and consider charter school applications during the year for charter schools to
be opened at a time determined by the applicant.12
Charter school applications must:13
demonstrate how the school will utilize the guiding principles; 14
provide a detailed curriculum plan aligned with the state’s academic standards; 15
contain goals and objectives for improving student learning and measuring such improvement;
describe the reading curricula and differentiated strategies for serving students at various levels
of reading ability;
contain an annual financial plan; and
disclose the name of each applicant, governing board member, and all proposed education
services providers; the name and sponsor of any charter school operated by each applicant,
each governing board member, and each proposed education services provider that has closed
and the reasons for the closure; and the academic and financial history of such charter school. 16
Charter
After a charter school application is approved, the terms of the charter must be negotiated by the
applicant and sponsor using the standard charter contract within 30 days after approval of the
application.17 The initial term of a charter is 5 years, excluding 2 planning years. 18 The charter must
include:19
the types of students to be served, including ages and grade levels;
the curriculum focus and instructional methods to be used;20
baseline standards of student academic achievement, outcomes to be achieved and methods of
measurement to be used;21
11 Section 1002.33(7), (9)(h)-(k), and (12)(g)3. F.S.
12 Section 1002.33(6)(b), F.S. (2021) Prior to this change in 2021, applications had a deadline of February 1, with a school opening
date of 18 months later or at a time determined by the applicant.
13 Section 1002.33(6)(a)1.-6., F.S. A sponsor may require the applicant to submit additional information as an addendum to the
application. See also Florida Department of Education, Charter Schools, Model Application Forms,
https://www.fldoe.org/schools/school-choice/charter-schools/charter-school-reference/ (last visited Mar. 8, 2023).
14 The legislative guiding principles for charter schools provide that they are to meet high standards of student achievement wh ile
increasing parental choice; increase learning opportunities for all students, with special emphasis on low-performing students and
reading and utilize innovative learning methods. Charter schools may also serve to provide rigorous competition to stimulate
improvement in traditional public schools, expand the capacity of the public school system, mitigate the educational impact c reated by
the development of new residential dwelling units and create new professional opportunities for teachers, including ownership of the
learning program at the school site. Section 1002.33(2), F.S.
15 Section 1003.41, F.S.
16 The sponsor must consider the history of these entities in deciding to approve or deny the application . Section 1002.33(6)(a)6.,F.S.
17 Section 1002.33(7) and (7)(b), F.S. A sponsor may require the applicant to submit additional information as an addendum to th e
application. See section 1002.33(6)(a)7., F.S.
18 Section 1002.33(7)(a)(12), F.S. (2018).
19 Section 1002.33(7)(a)1.-19., F.S.
20 The charter must ensure that reading is a primary focus of the curriculum and that resources are provided to identify and pro vide
specialized instruction to students who are reading below grade level. Additionally, to provide students with access to diverse
instructional delivery models, charter schools may implement blended learning courses. Section 1002.33(7)(a)2.a. -b., F.S. Any
changes to curriculum which are consistent with state standards are deemed approved under the charter unless the sponsor and the
DOE determine in writing that the curriculum is inconsistent with state standards . Section 1002.33(7)(d), F.S. (2021)
21 The district school board is required to provide academic student performance data for students coming from the district school
system to the charter, as well as rates of academic progress of comparable student populations in the district. Section 1002.33(7)(a)3.
(flush-left provision at the end of the sub-subparagraph).
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the method for determining the strengths and needs of students and whether they are meeting
educational goals 22 and for secondary charter schools,23 the method to determine a student has
satisfied the requirements for high school graduation;
the method for resolving conflicts between the governing body and the sponsor;
admission and dismissal procedures and the school’s student conduct code;
methods for achieving a racial/ethnic balance reflective of the community served;
the financial and administrative management of the school, including experience required for
management positions and a description of internal audit controls;
asset and liability projections;
a description of plans to identify various risks, reduce losses and ensure student and faculty
safety;
an agreement that the charter may be cancelled if the school has made insufficient progress
with student achievement;
the facilities to be used;
teacher qualifications, governance structure and timetables for implementing each element of
the charter;
full disclosure of all charter school employees who are relatives of charter school officials and
employees who have decision making authority over charter school operations; and
provisions for implementing high-performing charter school benefits if the charter school is
designated as “high-performing.”
Student Eligibility for Enrollment
Charter schools are open to all students residing within a school district and students who are covered
by an inter-district enrollment agreement.24 The charter school governing board determines the school’s
capacity based upon its contract.25 Prospective students must apply for enrollment in a charter school
and, if the number of applications exceeds the school’s capacity, a random lottery must be used to
determine which students are enrolled.26 Enrollment preference may be given to:
siblings of current charter school students;
children of a member of the charter school governing board;
children of charter school employees;
children who complete a Voluntary Prekindergarten Education (VPK) program, during the
previous year, provided by the charter school, the charter school’s governing board, or a VPK
provider which has a written agreement with the governing board;
children of active-duty U.S. Armed Forces personnel; and
children who attend or are assigned to a failing school. 27
Additionally, a charter school-in-the-workplace may give enrollment preference to students whose
parents are employees of the school’s business partner and students whose parents are residents of
the municipality in which the school is located. A charter school-in-a-municipality may also give
enrollment preference to students whose parents are residents or employees of a municipality that
operates a charter school-in-the-workplace or allows a charter school to use a school facility or portion
of land provided by the municipality for the operation of a charter school.28
22 Students in a charter school must, at a minimum, participate in Florida’s statewide assessments. Section 1002.33(7)(a)4., F.S .
23 In this context, the term “secondary education” is synonymous with “middle or high s chool” (grades 6 through 12). Generally,
elementary schools serve students in kindergarten through grade 5, middle schools serve students in grades 6 through 8, and h igh
schools serve students in grades 9 through 12. See s. 1003.01(2), F.S. (definition of “school”).
24 Section 1002.33(10)(a), F.S. A charter school receiving federal Charter School Program grant funds must use a lottery if more
students apply for admission to the charter school than can be admitted, unless students are enrolling in the immedia te prior grade
level of an “affiliated charter school.” However, a charter school may use a weighted lottery under certain prescribed circumstances.
see 20 U.S.C. s. 7221b(c)(3) and s. 7221i(2)(H). see also U.S. Department of Education, Office of Elementary & Secondary
Education, Dear Colleague Letter- ESSA flexibilities for CSP Grantees (Nov. 15, 2017), available at
https://oese.ed.gov/files/2019/11/CSP-DCL-1.pdf.
25 Section 1002.31(2)(b), F.S.
26 Section 1002.33(10)(b), F.S.
27 Section 1002.33(10)(d)1.-3. and 5.-7., F.S.
28 Section 1002.33(10)(d)4.a.-b., F.S.
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A charter school may limit the enrollment process in order to target the following student populations: 29
Students within specific age groups or grade levels.
Students considered at risk of dropping out of school.
Exceptional education students.
Children of a business partner who seek to enroll in a charter school-in-the-workplace or
children of municipal residents who seek to enroll in a charter school-in-a-municipality.
Students residing within a reasonable distance of the charter school.
Students who meet reasonable academic, artistic or other eligibility standards established by
the charter school.
Students articulating from one charter school to another pursuant to an articulation agreement
between the charter schools that has been approved by the sponsor.
Students living in a development in which a developer, including any affiliated business entity or
charitable foundation, contributes to the formation, acquisition, construction, or operation of one
or more charter school facilities and related property in an amount equal to or having a total
appraised value of at least $5 million to be used as charter schools to mitigate the educational
impact created by the development of new residential dwelling units. 30
High-Performing Charter Schools
A high-performing charter school is a charter school that: 31
received at least two school grades of “A” and no school grade below “B,” during each of the