During the 2021 Florida legislative session, lawmakers passed an extensive Education Bill (SB1028). From providing charter school authorizing abilities to Florida College System institutions to updating application submission requirements, this bill absolutely impacts every charter school in our state. Thank you to the lawmakers who continue to put families — and quality public school choice — first.
Below are the changes to the charter school law and the new requirements for charter schools and authorizers as outlined in SB1028/Education Bill.
State Universities and College Systems as Charter School Authorizers
- State universities and Florida College System (FCS) institutions may solicit applications and sponsor charter schools upon approval by the Department of Education.
- A charter school is not eligible to be sponsored by an FCS institution until its existing charter with the school district expires.
- A state university-sponsored charter school may serve students from multiple school districts and from any county within the college’s service area to meet workforce demands.
- Authorizes Florida College System institution that operates an approved teacher preparation program to operate additional charter schools.
- The board of trustees of a sponsoring state university or Florida College System institution charter school is a local educational agency (LEA) for the purpose of receiving federal funds and accepting responsibility for all requirements in that role.
- Students attending a state university or Florida College System institution-sponsored charter school are not to be included in the school district’s grade calculation.
- A state university-sponsored charter may offer postsecondary programs leading to industry certifications for eligible charter school students.
- A charter’s racial/ethnic balance must reflect that of nearby public schools rather than public schools located geographically within the district to address state university
- Prohibits an FCS institution from reporting the full-time equivalent (FTE) for any students participating in FCS-sponsored charter schools who receive FTE funding through the FEFP.
Career and Professional Academies
- Charter schools are authorized to provide career and professional academies.
- This may increase the number of charter middle and high schools offering career and professional academies to better meet career and workforce needs.
Schools of Hope
- A non-profit entity that operates more than one School of Hope may be designated as an LEA.
- Hope operators are required to perform an annual financial audit.
- A School of Hope designated as an LEA must report its students to the DOE.
- A School of Hope that has not been designated as an LEA must continue to report its students to the district.
- Fingerprint clearance for instructional and non-instructional personnel at a School of Hope must be taken by: An authorized law enforcement agency; An employee of the charter school or district who is trained to take fingerprints; or A private vendor who maintains an agreement with the Florida Department of Law Enforcement.
- A Schools of Hope operator, rather than each school of hope it operates, is responsible for providing quarterly financial statements to the district and meeting annual financial audit requirements.
- Unrestricted current and capital assets identified in the annual financial audit may be used by any other School of Hope operated by the LEA within the same district.
- Undisbursed Schools of Hope Program funds may be carried forward from five years to seven years.
Low Performing School
- Updated Low Performing designation: A school that has earned 3 grades lower than a “C” in at least three of the previous five years in which the school received a grade.
- Allow a school to be designated as persistently low performing even if it does not receive a school grade for one or more of the school years during a 5-year period.
Charter Application Updates
- The August 1 application deadline is now obsolete. An application may be submitted at any time, rather than by February 1.
- A high-performing charter school may submit two applications for a charter school within the state to be opened at a time determined by the high-performing charter school.
- The limitation of one lab school per university does not apply to a university that establishes a lab school to serve a military installation within the same county.
- A charter school opening may be determined by the applicant and removes the requirement that the charter school’s initial startup commences with the beginning of the public school calendar for the district where the charter is granted.
ESE Center Updates
- A charter school that is an exceptional student education center that receives a rating of “maintaining” or higher may replicate its educational program.
- Upon request by a charter school, the Commissioner of Education will verify that the charter school meets the specified requirements and provide a letter stating that the charter school may replicate in the same manner as a high-performing charter school
- A sponsor’s administrative fee update: up to two percent for enrollment of up to and including 250 students
Virtual Instruction
- A virtual charter school may offer part-time instruction.
- Removes the requirement for a virtual provider to contact a parent by phone only.
Charter Appeal Update
- Direct appeal Option: A charter school may immediately appeal any formal or informal decision by a sponsor in a dispute regarding a charter contract to an administrative law judge. The appeal may occur if either the charter school or the sponsor do not wish to mediate the decision and indicates such a decision in writing.
- Attorney fees and costs may be awarded in certain circumstances.
- A district that fails to implement the decision affirmed by a district court of appeal must reduce the administrative fees withheld to 1% for all charter schools operating in the school district. Upon execution of the charter, the sponsor can resume withholding the full amount of administrative fees but may not recover any fees that would have accrued during the period of noncompliance.
Charter School Enrollment Preference Clarification
- Enrollment preference may be given to students who complete the VPK program provided by the charter school to include students who complete the program at a provider with which the charter school has a written agreement.
- A charter school may limit the enrollment process to include students living in a development in which a developer contributes to the formation, acquisition, construction, or operation of a charter
Termination
- Removes the requirement for a sponsor to assume and continue operation of a charter school pending a hearing on the school’s immediate termination.
- A district must provide the facts and circumstances supporting the termination in writing and must demonstrate that an immediate and serious danger exists to the charter school’s students and that immediate termination is necessary.
- A sponsor must seek an injunction in circuit court to prohibit the continued operation of a charter school.
Attorney Fees and Costs
- A charter school that had administrative fees withheld may recover attorney fees and costs.
- The prevailing party in the appeal of a charter school application denial may recover reasonable attorney’s fees and costs incurred during the denial and any appeals.
- An administrative law judge may award reasonable attorney fees and costs to the prevailing parting of any inunction, administrative proceeding, or appeal.
High Performing Charter Schools
- A charter school is high-performing if the school received at least two consecutive grades of “A” in the most recent 2 school years for the years that the school received a grade or receives, during its first 3 years of operation.
- A high-performing charter school may submit two applications at a time instead of two per year
- Capacity is based on the school’s facilities at the time the expansion will take effect.
Charter School Funding
- Students enrolled in a charter school sponsored by a state university or FCS institution are funded as if they are in a basic program or special program in the school district.
- The basis for funding these students as the sum of the total operating funds for the school district in which the school is located as provided from the FEFP and the GAA, including gross state and local funds, discretionary lottery funds, and funds from each school district’s current operating discretionary millage levy; divided by total funded weighted FTE students in the school district; and multiplied by the FTE membership of the charter school.
- DOE will develop a tool that each state university or FCS institution sponsoring a charter school must use to calculate the per-student funding amount and will be appropriated from state funds in the GAA.
- Capital outlay funding for state university or FCS-sponsored charter schools follows established charter schools capital outlay funding law.
Prohibiting Charter Schools
- An interlocal agreement between a district and a federal or state agency, county, municipality, or other governmental entity which prohibits or limits the creation of a charter school within the geographic borders of the school district is void and unenforceable.
Curriculum Changes
- changes to a charter school’s curriculum that is consistent with state standards are deemed approved in terms of modifications to the charter unless the sponsor determines – in writing -that the curriculum is inconsistent with state standards.
Click here to see a full analysis of SB1028.