Bill Summary – FastDemocracy

HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 109 Conversion Charter Schools
SPONSOR(S): Choice & Innovation Subcommittee, Andrade
TIED BILLS: None. IDEN./SIM. BILLS: SB 246
    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF
    1) Choice & Innovation Subcommittee                         12 Y, 5 N, As CS        Blalock            Sleap
                                                SUMMARY ANALYSIS
Conversion charter schools are traditional public schools that have been converted to charter schools. The
school must have operated for at least two years as a traditional public school, including a school-within-a-
school, before submitting an application to convert to charter status. An application for a conversion charter
school may be made by the district school board, the principal, teachers, parents, and/or the school advisory
council. The application must demonstrate the support of at least 50 percent of the teachers employed at the
school and 50 percent of the parents voting whose children are enrolled at the school, provided that a majority
of the parents eligible to vote participate in the ballot process.
The bill authorizes a municipality to submit an application to convert to charter status any or all of the public
schools within the municipality’s jurisdictional boundary as part of a single application for approval.
The bill removes the requirement that a conversion charter school application must demonstrate the support of
at least 50 percent of the teachers employed at the school.
The bill authorizes the Charter School Review Commission (CSRC) to solicit and review applications for
conversion charter schools. Similar to a district school board, if the CSRC denies an application for a
conversion charter school, the bill requires the CSRC to provide written notice of the denial, including specific
reasons and supporting documentation, to the applicants within ten days after the meeting at which the
application was denied.
The bill requires the Department of Education and the Department of Management Services to designate
vacant school district real property as surplus if the school district has experienced a decline in student
enrollment of one percent or more for at least two consecutive years. Upon the designation of such real
property as surplus, the school district must make it available to approved charter schools and charter school
governing boards within the school district. The school district must transfer control and operation of the
property to a charter school or charter school governing board without charging any rental, leasing, or other
usage fees and any charter school receiving surplus real property is prohibited from selling or disposing of the
property without the written permission of the charters’ sponsor.
The bill provides that if within six months after being designated as surplus, the real property is not used by a
charter school or charter school governing board, the property must be made available for affordable housing
within the county.
The bill does not appear to have a fiscal impact.
The bill has an effective date of July 1, 2024.
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:
         Present Situation
         Charter Schools
         All charter schools in Florida are tuition-free public schools within the state’s public education system. 1
         Charter schools are nonsectarian and operate under a performance contract with a sponsor. 2 This
         performance contract is known as a “charter.” 3 The charter exempts the school from many regulations
         applicable to traditional public schools to encourage the use of innovative learning methods. 4 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.”5
         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.6
              State universities may sponsor charter lab schools. 7
              School districts, FCS institutions, or a consortium of one or more of each may sponsor a charter
                  technical career center.8
         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 nonprofit organization, municipality,10 or other public entity authorized under
         the law.11 While a charter school must be a public or nonprofit entity, it may be managed by a for-profit
         education management organization.12
         During the 2022-23 school year, over 382,367 students were enrolled in 726 charter schools in 46 of
         Florida’s 67 school districts.13
         Conversion Charter Schools
         Conversion charter schools are traditional public schools that have been converted to charter schools. 14
         The school must have operated for at least two years as a traditional public school, including a school-
         within-a-school, before submitting an application to convert to charter status. An application for a
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(1), (7), and (9)(a), F.S.
3 Section 1002.33(7) and (9)(c), F.S.
4 Section 1002.33(2)(b)3. and (16), F.S.
5 Section 1002.33(2)(a)1., F.S.
6 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 Department of Education. A state university or FCS institution may, at
its discretion, deny an application for a charter school. S. 1002.33(5)(a)3.c., F.S.
7 Sections 1002.32(2) and 1002.33(5)(a)2., F.S.
8 Section 1002.34(3)(a)-(b), F.S.
9 Section 1002.33(3)(a), F.S.
10 Section 180.01, F.S. The term “municipality” is defined in statute as any city, town, or village duly incorporated under the laws of
the state. See also s. 1002.33(15), F.S.
11 Section 1002.33(12)(i), F.S.
12 Id.
13 Florida Department of Education, Office of Independent Education & Parental Choice, Fact Sheet: Florida’s Charter Schools (Oct.
2023), available at https://www.fldoe.org/core/fileparse.php/7696/urlt/Charter-Sept-2022.pdf.
14 Section 1002.33(3)(b), F.S.
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         conversion charter school may be made by the district school board, the principal, teachers, parents,
         and/or the school advisory council.15
         In 2013, in response to an inquiry from the Town Council of the Town of White Springs, Florida, the
         Attorney General issued an opinion that while a municipality may apply for a new charter school, as
         specified in state statute, a municipality may not apply for a conversion charter school, since
         municipalities are not among those specifically authorized to do so in statute. 16
         An application submitted proposing to convert an existing public school to a charter school must
         demonstrate the support of at least 50 percent of the teachers employed at the school and 50 percent
         of the parents voting whose children are enrolled at the school, provided that a majority of the parents
         eligible to vote participate in the ballot process, according to rules adopted by the State Board of
         Education (SBE).17 To initiate a ballot process, the applicant may submit a request in writing to the
         school administrator to conduct a vote for conversion, and the administrator must complete the ballot
         process within 60 days of receipt of the written request. Written notification of a ballot must be provided
         to teachers and parents at least 30 days prior to conducting the ballot and only one vote per calendar
         year may be held. For parent voting, each household receives one ballot regardless of the number of
         students residing in the household. If a student has two households, the household of the enrolling
         parent will receive the ballot.18 If a majority of teachers employed at the school and a majority of voting
         parents support the charter proposal, the conversion charter application must be submitted during the
         same calendar year the vote is held. If a district school board denies an application for a conversion
         charter school, it must provide written notice of the denial, including specific reasons and supporting
         documentation, to the applicants within ten days after the meeting at which the application was
         denied.19
         The charter for a conversion charter school must identify the alternative arrangements that will be used
         for current students who choose not to attend the charter school and current teachers who choose not
         to teach in the charter school after it is converted.20 Upon conversion, the school must give an
         enrollment preference to students who would otherwise be assigned to the school. The district school
         board must consult and negotiate with the conversion charter school every three years to determine
         whether realignment of the conversion charter school’s attendance zone is appropriate in order to
         ensure that students residing closest to the charter school are provided with an enrollment
         preference.21 The employees of a conversion charter school remain public employees for all purposes,
         unless they choose otherwise.22
         For an existing public school converting to charter status, no rental or leasing fee for the existing fac ility
         or for the property normally inventoried to the conversion school may be charged by the district school
         board to the parents and teachers organizing the charter school. The charter school shall agree to
         reasonable maintenance provisions in order to maintain the facility in a manner similar to district school
         board standards.23 A conversion charter school is not eligible for charter school capital outlay funding if
         it operates in facilities provided by its sponsor for a nominal fee or at no charge, or if it is directly or
         indirectly operated by the school district.24
15 Rule 6A-0786, F.A.C. A person or entity submitting a charter school application must use form IEPC-M1, Model Florida Charter
School Application. The form requires a school seeking approval to convert an existing public school to charter status to sho w
evidence of the voting requirements under s. 1002.33(3)(b), F.S.
16 Op. Att’y Gen. Fla. 13-06 (2013).; see ss. 1002.33(3)(a)-(b), F.S.
17 Id.
18 Id.; see rule 6A-6.0787, F.A.C.
19 Section 1002.33(3)(b), F.S.
20 Section 1002.33(7)(a)17., F.S. Alternative arrangements for current teachers who choose not to teach in the charter school after
conversion are made in accordance with the existing collective bargaining agreement or district school board rule in the abse nce of a
collective bargaining agreement.
21 Section 1002.33(10)(c), F.S.
22 Section 1002.33(12)(c), F.S.; see s. 1002.33(12)(d), F.S.
23 Section 1002.33((18)(e), F.S.
24 Section 1013.62(1)(b), F.S.
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         During the 2022-2023 school year, 23 conversion charter schools operated in Florida, representing
         approximately 3 percent of the total number of charter schools in the state.25
         Charter School Review Commission
         In 2022, the Legislature established the Charter School Review Commission (CSRC) within Florida’s
         Department of Education (DOE), subject to an appropriation, to assist in the review and approval of
         charter school applications.26 The CSRC consists of seven members who have charter school
         experience, selected by the SBE and subject to confirmation by the Senate. 27 The CSRC is authorized
         to solicit and review charter school applications. Upon the CSRC approving an application, the district
         school board that oversees the school district in which the charter school will be located must serve as
         its sponsor.28
         The DOE must contract with a college or university to provide administrative and technical assistance
         to the CSRC by reviewing and providing an analysis of charter school applications submitted to the
         CSRC.29 To have an application considered during a meeting of the CSRC, an applicant must submit a
         completed application to the entity selected by the DOE at least 90 days prior to the date the CSRC is
         scheduled to meet, as well as a Standard Letter of Intent for Commission Review. 30 Within three
         calendar days after an applicant submits an application, the applicant must also provide a copy of the
         application to the school district in which the proposed charter school will be located. 31
         Within 30 calendar days after receiving a copy of the application, the school district may provide input
         to the entity selected by the DOE. The input from the district must be considered in reviewing the
         application. The entity must complete its application review and submit its recommendation to the
         CSRC no later than 30 days prior to the scheduled meeting of the CSRC at which the application will
         be considered and voted upon. After reviewing the application, the relevant documents, the
         recommendations of the DOE and the designated entity, and considering the information presented at
         the meeting, the Commission must then proceed by majority vote to either approve or deny the charter
         school application.32 If the application is denied, the applicant may appeal the CSRC’s decision to the
         SBE within 30 calendar days after written notification of the decision.33
         The school board of the district in which the proposed charter school will be located is considered the
         sponsor for the new charter school and must provide an initial proposed charter contract to the school
         within 30 calendar days after the CSRC’s decision to grant approval. 34
         Charter School Facilities
         A charter school must use facilities which comply with the Florida Building Code (FBC) 35 and Florida
         Fire Prevention Code,36 but are exempt from compliance with the State Requirements for Educational
         Facilities (SREF).37 Conversion charter schools must use facilities that comply with SREF provided that
         the school district and the charter school have entered into a mutual management plan for the
25 Email, Florida Department of Education, Legislative Affairs (Dec. 14, 2023). Out of 726 currently active charters in the state, 23 are
conversion charter schools.
26 Section 2, ch. 2022-144, L.O.F., codified at s. 1002.3301, F.S. For Fiscal Year 2023-2024, the CSRC received an appropriation of
$455,000 under Specific Appropriation 134, Contracted Services. see s. 2, ch. 2023-239, L.O.F.
27 Section 1002.3301(1), F.S. see State Board of Education, Selection of Members to the Charter School Review Commission (Oct. 18,
2023), available at https://www.fldoe.org/core/fileparse.php/20680/urlt/20-1.pdf.
28 Sections 1002.33(5)(a)3.d. and 1002.3301(2) and (4), F.S.
29 Section 1002.3301(3), F.S.; see rule 6A-6.0792, F.A.C.
30 Rule 6A-6.0792, F.A.C. The Standard Letter of Intent for Commission Review may be obtained electronically on the DOE’s
website at http://www.floridaschoolchoice.org.
31 Id.
32 Id.
33 Section 1002.3301(6), F.S.; see s. 1002.33(6)(c), F.S. and rule 6A-6.0792, F.A.C.
34 Section 1002.3301(4), F.S.; see s. 1002.33(7)(b), F.S. and rule 6A-6.0792, F.A.C.
35 Section 553.73, F.S.
36 Section 633.208, F.S.
37 Section 1002.33(18)(a)-(b), F.S. see also s. 1013.37, F.S.
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         reasonable maintenance of such facilities. The mutual management plan must contain a provision by
         which the district school board agrees to maintain charter school facilities in the same manner as its
         other public schools within the district. Charter schools, with the exception of conversion charter
         schools, are not required to comply, but may choose to comply, with SREF and the FBC. 38
         A local governing authority is prohibited from adopting or imposing on a charter school any local
         building requirements or site-development restrictions, such as parking and site-size criteria, student
         enrollment, and occupant load, that are addressed by and more stringent than those found in SREF or
         the FBC. A local governing authority must treat charter schools equitably in comparison to similar
         requirements, restrictions, and site planning processes imposed upon public schools that are not
         charter schools, including such provisions that are established by interlocal agreement. An interlocal
         agreement entered into by a school district for the development of only its own schools, including
         provisions relating to the extension of infrastructure, may be used by charter schools. A charter school
         may not be subject to any land use regulation requiring a change to a local government comprehensive
         plan or requiring a development order or development permit 39 that would not be required for a public
         school in the same location.40
         If a district school board facility or property is