F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 641 2021
1 A bill to be entitled
2 An act relating to charter and private schools;
3 amending s. 1002.33, F.S.; conforming a provision to
4 changes made by the act; expanding the information
5 that charter schools must include on their websites;
6 requiring specified teachers to have received, at a
7 minimum, a bachelor's degree; revising requirements
8 for all charter school facilities to include
9 compliance with the State Requirements for Educational
10 Facilities of the Florida Building Code; amending s.
11 1002.42, F.S.; revising the information required to be
12 included in a specified database relating to private
13 schools; requiring private schools to provide
14 specified students with a certain amount of time for
15 recess; requiring private school students to
16 participate in the statewide assessment program;
17 requiring private schools to establish curricula that
18 meet specified standards; requiring teachers employed
19 by or working under contract with private schools to
20 meet specified requirements; requiring private schools
21 to comply with the State Requirements for Educational
22 Facilities of the Florida Building Code; providing for
23 injunctive relief under certain circumstances;
24 authorizing attorney fees and costs; amending s.
25 1003.455, F.S.; deleting an exception relating to
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26 charter schools' compliance with a specified
27 provision; amending s. 1008.34, F.S.; requiring
28 private schools to be graded according to specified
29 rules; requiring private schools to assess at least 95
30 percent of eligible students; deleting obsolete
31 language; requiring the Department of Education to
32 annually develop, in collaboration with private
33 schools, a school report card that private schools
34 provides to parents; amending s. 1013.385, F.S.;
35 conforming a provision to changes made by the act;
36 reenacting ss. 163.3180(6)(h), 1002.32(9)(c), and
37 1002.345(1)(a), F.S., relating to concurrency,
38 developmental research (laboratory) schools' funding,
39 and determination of deteriorating financial
40 conditions and financial emergencies for charter
41 schools and charter technical career centers,
42 respectively, to incorporate the amendment made to s.
43 1002.33, F.S., in references thereto; reenacting ss.
44 1002.385(2)(g), 1002.421(1), and 1007.271(2), F.S.,
45 relating to the Gardiner Scholarship, state school
46 choice scholarship program accountability and
47 oversight, and dual enrollment programs, respectively,
48 to incorporate the amendment made to s. 1002.42, F.S.,
49 in references thereto; providing an effective date.
50
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51 Be It Enacted by the Legislature of the State of Florida:
52
53 Section 1. Paragraph (a) of subsection (7), paragraph (p)
54 of subsection (9), paragraph (f) of subsection (12), and
55 paragraph (a) of subsection (18) of section 1002.33, Florida
56 Statutes, are amended to read:
57 1002.33 Charter schools.—
58 (7) CHARTER.—The terms and conditions for the operation of
59 a charter school shall be set forth by the sponsor and the
60 applicant in a written contractual agreement, called a charter.
61 The sponsor and the governing board of the charter school shall
62 use the standard charter contract pursuant to subsection (21),
63 which shall incorporate the approved application and any addenda
64 approved with the application. Any term or condition of a
65 proposed charter contract that differs from the standard charter
66 contract adopted by rule of the State Board of Education shall
67 be presumed a limitation on charter school flexibility. The
68 sponsor may not impose unreasonable rules or regulations that
69 violate the intent of giving charter schools greater flexibility
70 to meet educational goals. The charter shall be signed by the
71 governing board of the charter school and the sponsor, following
72 a public hearing to ensure community input.
73 (a) The charter shall address and criteria for approval of
74 the charter shall be based on:
75 1. The school's mission, the students to be served, and
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76 the ages and grades to be included.
77 2. The focus of the curriculum, the instructional methods
78 to be used, any distinctive instructional techniques to be
79 employed, and identification and acquisition of appropriate
80 technologies needed to improve educational and administrative
81 performance which include a means for promoting safe, ethical,
82 and appropriate uses of technology which comply with legal and
83 professional standards.
84 a. The charter shall ensure that reading is a primary
85 focus of the curriculum and that resources are provided to
86 identify and provide specialized instruction for students who
87 are reading below grade level. The curriculum and instructional
88 strategies for reading must be consistent with the Next
89 Generation Sunshine State Standards and grounded in
90 scientifically based reading research.
91 b. In order to provide students with access to diverse
92 instructional delivery models, to facilitate the integration of
93 technology within traditional classroom instruction, and to
94 provide students with the skills they need to compete in the
95 21st century economy, the Legislature encourages instructional
96 methods for blended learning courses consisting of both
97 traditional classroom and online instructional techniques.
98 Charter schools may implement blended learning courses which
99 combine traditional classroom instruction and virtual
100 instruction. Students in a blended learning course must be full-
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101 time students of the charter school pursuant to s.
102 1011.61(1)(a)1. Instructional personnel certified pursuant to s.
103 1012.55 who provide virtual instruction for blended learning
104 courses may be employees of the charter school or may be under
105 contract to provide instructional services to charter school
106 students. At a minimum, such instructional personnel must hold
107 an active state or school district adjunct certification under
108 s. 1012.57 for the subject area of the blended learning course.
109 The funding and performance accountability requirements for
110 blended learning courses are the same as those for traditional
111 courses.
112 3. The current incoming baseline standard of student
113 academic achievement, the outcomes to be achieved, and the
114 method of measurement that will be used. The criteria listed in
115 this subparagraph shall include a detailed description of:
116 a. How the baseline student academic achievement levels
117 and prior rates of academic progress will be established.
118 b. How these baseline rates will be compared to rates of
119 academic progress achieved by these same students while
120 attending the charter school.
121 c. To the extent possible, how these rates of progress
122 will be evaluated and compared with rates of progress of other
123 closely comparable student populations.
124
125 The district school board is required to provide academic
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126 student performance data to charter schools for each of their
127 students coming from the district school system, as well as
128 rates of academic progress of comparable student populations in
129 the district school system.
130 4. The methods used to identify the educational strengths
131 and needs of students and how well educational goals and
132 performance standards are met by students attending the charter
133 school. The methods shall provide a means for the charter school
134 to ensure accountability to its constituents by analyzing
135 student performance data and by evaluating the effectiveness and
136 efficiency of its major educational programs. Students in
137 charter schools shall, at a minimum, participate in the
138 statewide assessment program created under s. 1008.22.
139 5. In secondary charter schools, a method for determining
140 that a student has satisfied the requirements for graduation in
141 s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
142 6. A method for resolving conflicts between the governing
143 board of the charter school and the sponsor.
144 7. The admissions procedures and dismissal procedures,
145 including the school's code of student conduct. Admission or
146 dismissal must not be based on a student's academic performance.
147 8. The ways by which the school will achieve a
148 racial/ethnic balance reflective of the community it serves or
149 within the racial/ethnic range of other public schools in the
150 same school district.
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151 9. The financial and administrative management of the
152 school, including a reasonable demonstration of the professional
153 experience or competence of those individuals or organizations
154 applying to operate the charter school or those hired or
155 retained to perform such professional services and the
156 description of clearly delineated responsibilities and the
157 policies and practices needed to effectively manage the charter
158 school. A description of internal audit procedures and
159 establishment of controls to ensure that financial resources are
160 properly managed must be included. Both public sector and
161 private sector professional experience shall be equally valid in
162 such a consideration.
163 10. The asset and liability projections required in the
164 application which are incorporated into the charter and shall be
165 compared with information provided in the annual report of the
166 charter school.
167 11. A description of procedures that identify various
168 risks and provide for a comprehensive approach to reduce the
169 impact of losses; plans to ensure the safety and security of
170 students and staff; plans to identify, minimize, and protect
171 others from violent or disruptive student behavior; and the
172 manner in which the school will be insured, including whether or
173 not the school will be required to have liability insurance,
174 and, if so, the terms and conditions thereof and the amounts of
175 coverage.
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176 12. The term of the charter which shall provide for
177 cancellation of the charter if insufficient progress has been
178 made in attaining the student achievement objectives of the
179 charter and if it is not likely that such objectives can be
180 achieved before expiration of the charter. The initial term of a
181 charter shall be for 5 years, excluding 2 planning years. In
182 order to facilitate access to long-term financial resources for
183 charter school construction, charter schools that are operated
184 by a municipality or other public entity as provided by law are
185 eligible for up to a 15-year charter, subject to approval by the
186 district school board. A charter lab school is eligible for a
187 charter for a term of up to 15 years. In addition, to facilitate
188 access to long-term financial resources for charter school
189 construction, charter schools that are operated by a private,
190 not-for-profit, s. 501(c)(3) status corporation are eligible for
191 up to a 15-year charter, subject to approval by the district
192 school board. Such long-term charters remain subject to annual
193 review and may be terminated during the term of the charter, but
194 only according to the provisions set forth in subsection (8).
195 13. The facilities to be used and their location. The
196 sponsor may not require a charter school to have a certificate
197 of occupancy or a temporary certificate of occupancy for such a
198 facility earlier than 15 calendar days before the first day of
199 school.
200 14. The qualifications to be required of the teachers and
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201 the potential strategies used to recruit, hire, train, and
202 retain qualified staff to achieve best value, notwithstanding
203 the requirements of paragraph (12)(f).
204 15. The governance structure of the school, including the
205 status of the charter school as a public or private employer as
206 required in paragraph (12)(i).
207 16. A timetable for implementing the charter which
208 addresses the implementation of each element thereof and the
209 date by which the charter shall be awarded in order to meet this
210 timetable.
211 17. In the case of an existing public school that is being
212 converted to charter status, alternative arrangements for
213 current stu