The proposed rule will provide additional clarity between the rule that governs the charter school conversion ballot process and the statute that allows for charter school conversions.

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.0787Ballot Process for Teacher and Parent Voting for Charter School Conversion Status.

PURPOSE AND EFFECT: The proposed rule will provide additional clarity between the rule that governs the charter school conversion ballot process and the statute that allows for charter school conversions.

SUMMARY: This proposed rule amendment makes a clarifying change to the vote threshold required to convert a district school to a charter school.

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: Based upon the nature of the changes, this proposed rule amendment is not expected to have any adverse impact on economic growth, business competitiveness or any other factors listed in s. 120.541(2)(a), F.S., and will not require legislative ratification. This determination is based upon the nature of the change.

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: 1001.02(1), (2)(n), 1002.33(28), F.S.

LAW IMPLEMENTED: 1002.33, F.S.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: August 21, 2024, 9:00 a.m.

PLACE: Okaloosa County School District, 202A Highway 85 N., Niceville, FL 32084.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Adam Emerson, Executive Director, Independent Education and Parental Choice, Florida Department of Education, 325 W. Gaines St., Suite 1044, Tallahassee, FL 32399 [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.0787 Ballot Process for Teacher and Parent Voting for Charter School Conversion Status.

An application be proposing to convert an existing public school to a charter school must demonstrate the support of teachers and parents in accordance with Section 1002.33(3)(b), F.S. The following provisions are established to detail the ballot process by which such support shall be demonstrated.

(1) through (2) No change.

(3) Ballot results.

(a) through (c) No change.

(d) If at least fifty (50) percent a majority of teachers employed at the school and at least fifty (50) percent a majority of voting parents support the charter proposal, provided that a majority of parents eligible to vote participate in the process pursuant to (5)(d), the conversion charter application must be submitted during the same calendar year the vote is held. If this voting threshold is not met, an application may not be submitted to the sponsor.

(e) If a majority of parents and/or teachers do not support the charter proposal, the application may not be submitted to the sponsor.

(e)(f) Only one (1) vote per calendar year may be held.

(4) through (5) No change.

Rulemaking Authority 1002.33(28) FS. Law Implemented 1002.33(3)(b) FS. History–New 6-22-10, Amended 11-22-22,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Adam Emerson, Executive Director, Independent Education and Parental Choice

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 25, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 29, 2024