The purpose of this rule amendment is to adopt forms to align with statutory changes in the 2011 Legislation Session relating to virtual charter schools and the replication of high-performing charter schools. The effect is a rule consistent with ...

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO.: RULE TITLE:
6A-6.0786: Model Forms for Charter School Applicants and Sponsors.
PURPOSE AND EFFECT: The purpose of this rule amendment is to adopt forms to align with statutory changes in the 2011 Legislation Session relating to virtual charter schools and the replication of high-performing charter schools. The effect is a rule consistent with governing law.
SUMMARY: This amendment will result in the creation of a Model Virtual Charter School Application, a Model Virtual Charter School Application Evaluation Instrument, a Model Charter School Application for High-Performing Replications, a Model Charter School Application Evaluation Instrument, changes to the Model Charter School Application, the Model Charter School Application Evaluation Instrument, and the Model Charter School Contract.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Agency’s past experience with rules of this nature that incorporate forms do not meet the criteria for requiring legislative ratification.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 1002.33(27) FS.
LAW IMPLEMENTED: 1002.33 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: May 10, 2012, 7:30 a.m.
PLACE: Tampa Airport Marriott, Hillsborough Grand Ballroom, Tampa, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michael Kooi, Executive Director, Office of Independent Education and Parental Choice, 325 West Gaines Street, Tallahassee, Florida 32399-0400, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-6.0786 Model Forms for Charter School Applicants and Sponsors.

(1) Persons or entities submitting a charter school application must use Form IEPC-M1, Model Florida Charter School Application, effective June 2012 (http://www.flrules.org/Gateway/reference.asp?No=Ref-01163) October 2010, pursuant to Section 1002.33, F.S. Form IEPC-M1 is hereby incorporated by reference and to become effective on October 25, 2010. Copies of the form may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(2) Sponsors shall evaluate Model Florida Charter School Applications using Form IEPC-M2, Florida Charter School Application Evaluation Instrument, effective June 2012 (http://www.flrules.org/Gateway/reference.asp?No=Ref-01163) October 2010. Form IEPC-M2 is hereby incorporated by reference and to become effective on October 25, 2010. Copies of the form may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(3) Upon approval of a charter school application, the sponsor shall have sixty (60) days to propose an initial proposed charter contract to the charter school. The sponsor shall use Form IEPC-M3, Florida Model Charter Contract Format, effective June 2012, (http://www.flrules.org/Gateway/reference.asp?No=Ref-01163) October 2010, as the basis for the initial contract. Charter school contracts must address, at a minimum, the components included in Form IEPC-M3. Additional components may be included in a charter school contract if mutually agreed upon by both parties. Form IEPC-M3 is hereby incorporated by reference and to become effective on October 25, 2010. Copies of the form may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(4) Persons or entities submitting a virtual charter school application must use Form IEPC-VI, Model Florida Virtual Charter School Application, effective June 2012, (http://www.flrules.org/Gateway/reference.asp?No=Ref-01163) pursuant to Section 1002.33, Florida Statutes. Form IEPC-VI is hereby incorporated by reference and may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(5) Sponsors shall evaluate Model Florida Virtual Charter School Applications using Form IEPC-V2, Florida Virtual Charter School Application Evaluation Instrument, effective June 2012 (http://www.flrules.org/Gateway/reference.asp?No=Ref-01163). Form IEPC-V2 is hereby incorporated by reference and may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(6) Persons or entities submitting a charter school application to replicate a high-performing charter school, pursuant to Section 1002.331, Florida Statutes, must use Form IEPC-HP1, Model Florida Charter School Application for High-Performing Replications, effective June 2012 (http://www.flrules.org/Gateway/reference.asp?No=Ref-01163). Form IEPC-HP1 is hereby incorporated by reference and may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

(7) Sponsors shall evaluate Model Florida Charter School Applications for High-Performing Replications using Form IEPC-HP2, Florida Charter School Application for High-Performing Replications Evaluation Instrument, effective June 2012 (http://www.flrules.org/Gateway/reference.asp?No=Ref-01163). Form IEPC-HP2 is hereby incorporated by reference and may be obtained electronically on the Department’s website at http://www.floridaschoolchoice.org or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.

Rulemaking Authority 1002.33(27)(26) FS. Law Implemented 1002.33(6), 1002.33(21) FS. History–New 10-25-10, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Michael Kooi, Executive Director, Office of Independent Education and Parental Choice, Department of Education
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Gerard Robinson, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 4, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 9, 2012