6A-1.0998271. Schools of Hope

(1) Definitions: For the purpose of this rule, the following definitions apply.

(a) “Department” means the Florida Department of Education.

(b) “Entity” means a non-profit organization with tax exempt status under s. 501(c)(3) of the Internal Revenue Code that operates three (3) or more public charter schools that serve students in grades K-12 in Florida or other states with a record of serving students from low-income families.

(c) “Charter School Growth Fund” means the non-profit entity Charter Fund Inc., dba Charter School Growth Fund, whose federal employer identification number is 05-0620063.

(d) “National Fund” means the fund established in 2005 by the Charter School Growth Fund to accelerate the growth of the nation’s best charter schools.

(e) “Hope Operator” means an entity that has been designated by the State Board of Education as a Hope Operator pursuant to Section 1002.333(2), F.S.

(2) Process for designation as a Hope Operator.

(a) An entity may apply to the State Board of Education to request the Hope Operator designation.

(b) Until such time as the State Board of Education adopts measurable criteria pursuant to Section 1002.333(2)(a), F.S., an entity shall be designated as a Hope Operator if it submits a complete application and meets at least one of the following criteria:

1. The entity was awarded a United States Department of Education Charter School Program grant for the Replication and Expansion of High-Quality Charter Schools pursuant to Title IV, Part C of the Elementary and Secondary Education Act of 1965 as amended by the Every Student Succeeds Act (20 U.S.C. 7221-7221j) within the preceding three (3) years from the date the entity submits an application to the Department.

2. The entity has a current and active grant award for funding through the National Fund of the Charter School Growth Fund.

3. The entity is a non-profit charter school that is selected by a district school board to turnaround the performance of a low-performing public school pursuant to Section 1008.33, F.S.

(c) An entity requesting the Hope Operator designation must complete and submit form SOH1, Application for Hope Operator Designation, hereby incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-09075) effective February 2018, and all required supporting documentation identified in form SOH1, to the Department at the address in subsection (8), of this rule. Form SOH1 may be obtained electronically on the Department of Education’s website at http://www.floridaschoolschoice.org or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(d) Upon receipt of the Application for Hope Operator Designation, the Department shall review and verify the information and may request additional information necessary for verification purposes. The Department shall provide written notice to the entity indicating the status of the application and the date of the State Board of Education meeting at which the State Board will consider the application.

(e) Upon the State Board of Education voting to designate the entity as a Hope Operator, the Department shall provide official notice to the entity of such designation. If the Application for Hope Operator Designation is denied, the State Board of Education shall articulate in writing the specific reasons supporting its denial of the application and shall provide the letter of denial to the entity.

(3) Establishing a School of Hope. An entity that has been designated as a Hope Operator pursuant to Section 1002.333(2), F.S., and subsection (2), of this rule, may establish a School of Hope in the attendance zone or within a five (5) mile radius of a school identified as a persistently low-performing public school pursuant to Section 1002.333, F.S. The School of Hope must be located in the same school district as the Notice of Intent is filed. To establish a School of Hope, the Hope Operator must:

(a) Complete form SOH2, School of Hope Notice of Intent (http://www.flrules.org/Gateway/reference.asp?No=Ref-09076), hereby incorporated by reference and effective February 2018.

(b) Complete the designated sections of form SOH3, School of Hope Performance-based Agreement (PBA) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09077), hereby incorporated by reference and effective February 2018. The designated sections of form SOH3, School of Hope Performance-based Agreement, which are to be completed by the Hope Operator, are shaded and marked with brackets. Forms SOH2 and SOH3 may be obtained electronically on the Department of Education’s website at http://www.floridaschoolschoice.org or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(c) Submit the completed Notice of Intent and School of Hope Performance-based Agreement forms to the Superintendent of the school district in which the persistently low-performing school has been identified by the Department. The forms shall be either hand delivered or sent certified mail with a return receipt requested. The entity shall provide a copy of the completed forms to the Department at the same time they are submitted to the Superintendent. The forms may be provided to the Department electronically or via regular mail at the address in subsection (8), of this rule.

(d) Within ten (10) days of receipt of the Notice of Intent and School of Hope Performance-based Agreement forms, the school district shall notify the Hope Operator of any errors or omissions in the notice and PBA and afford the Hope Operator ten (10) days to complete and resubmit the forms. Errors or omission of an element by a Hope Operator shall not provide a school district any relief from its obligation to enter a Performance-based Agreement unless identified as provided in this paragraph.

(e) Upon receipt of the Notice of Intent and PBA as provided in paragraph (d), the school district shall send the Hope Operator and the Department a notice of the date of receipt, which shall serve as the date when the sixty-day period to enter into a School of Hope Performance-based Agreement begins.

(4) Performance-Based Agreement. Upon receipt of a complete Notice of Intent and draft School of Hope Performance-based Agreement form from an entity that has been designated by the State Board of Education as a Hope Operator, the District shall enter into a performance-based agreement with the entity within sixty (60) days to open one or more public Schools of Hope to serve students from persistently low-performing schools.

(a) If the District proposes revisions to the Performance-based Agreement submitted by the Hope Operator, it shall indicate such proposed revisions with strike-through text for proposed deletions and underlined text for proposed additions. All proposed revisions must be consistent with the requirements in Section 1002.333(5), F.S.

(b) Upon execution of the performance-based agreement, the District shall provide a copy of the agreement to the entity and to the Department within ten (10) days.

(c) If the District fails to enter into a performance-based agreement with the Hope Operator within sixty (60) days the district shall reduce the administrative fees withheld pursuant to Section 1002.33(20), F.S., as directed by Section 1002.333(8), F.S.

(d) The Hope Operator or school district may petition the State Board of Education for dispute resolution if the parties fail to enter into a PBA at least sixty (60) days after submission of the Notice of Intent pursuant to paragraph (5)(a), of this rule.

(e) The performance-based agreement may be amended if both parties mutually agree to the amended terms. The amended performance-based agreement must include the signatures of both parties.

(5) Dispute resolution between school districts and hope operators. Either of the parties may petition the Commissioner for referral of the dispute to the special magistrate, pursuant to Section 1002.333(11), F.S.

(a) A petition under this subsection shall specifically identify the parties involved in the dispute and describe the issues that remain to be resolved in relation to the performance-based agreement required by Section 1002.333(5), F.S., and the position of the petitioning party on the disputed issues. The Commissioner shall refer the matter to a special magistrate and advise the school district and the hope operator of the special magistrate’s contact information by overnight mail. A non-petitioning party may submit a response to the petition to the special magistrate which must be received by the special magistrate within five (5) days of referral. The special magistrate shall enter an initial order detailing applicable procedures for conduct of the proceeding and the final hearing.

(b) The final hearing in a proceeding under this subsection shall be held in a location determined by the special magistrate. The Department shall record the meeting but, if any party desires that the proceedings be transcribed, that party will be responsible for making the necessary arrangements at its own expense.

(c) Within fifteen (15) days after the close of the final hearing, the special magistrate shall provide his or her recommended decision to the State Board of Education.

(d) The special magistrate shall submit the entire record from the final hearing to the State Board of Education which shall include the recording of the final hearing and any exhibits or evidence admitted during the final hearing.

(e) The State Board of Education must approve or reject the recommended decision at its next regular meeting that is more than seven (7) days from the transmission of the recommended order.

(6) The State Board shall not contract directly with a Hope Operator under Section 1002.333(11)(d), F.S., until receiving a recommendation from the special magistrate.

(7) This rule does not create a legal right to a performance based agreement with the State Board of Education.

(8) Forms or documentation submitted to the Department should be submitted electronically to [e-mail] or mailed to the Office of Independent Education and Parental Choice, 325 West Gaines Street, Suite 1044, Tallahassee, Florida, 32399.

Rulemaking Authority 1002.333(12) FS. Law Implemented 1002.333 FS. History–New 2-20-18.