The purpose of this amendment is to revise the timeline relating to the negotiation of a charter school contract and to implement and incorporate the standard charter school contract, as required by law.

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

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

PURPOSE AND EFFECT: The purpose of this amendment is to revise the timeline relating to the negotiation of a charter school contract and to implement and incorporate the standard charter school contract, as required by law.

SUMMARY: The proposed rule requires that a sponsor provide the first draft of a charter school contract within 30 days of the date the charter application is approved and provides the parties an additional 40 days thereafter to negotiate the final terms of the charter contract. The proposed rule also requires that a sponsor use the standard contract, Form IEPC-SC, as the basis for the initial draft and must display proposed revisions to the standard contract using strikethrough and underline text.

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: This rule requires the use of revised timelines and requires the use of a form, as required by law. No requirement for SERC was triggered under Section 120.541(1), Florida Statutes. There would be no economic impact from this amendment and the adverse impact or regulatory cost, if any, does not exceed nor would be expected to exceed any one of the economic analysis criteria set forth in Section 120.541(2)(a), Florida Statutes.

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(28) FS.

LAW IMPLEMENTED: 1002.33 FS.

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

DATE AND TIME: September 29, 2014, 8:30 a.m.

PLACE: Tampa Airport Marriott, 4200 George J. Bean Parkway, Duval Conference Room, Tampa, Florida 33607

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Adam Miller, Executive Director, Office of Independent Education and Parental Choice, 325 W. Gaines Street, Suite 1044, Tallahassee, Florida 32399-0400

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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

(1) through (2) No change.

(3) Upon approval of a charter school application, the sponsor shall have thirty (30) sixty (60) days to propose an initial proposed charter contract to the charter school. The sponsor shall use Form IEPC-SC M3, Florida Standard Model Charter Contract Format, effective November 2014 June 2012,

(http://www.flrules.org/Gateway/reference.asp?No=Ref-_____01257) as the basis for the initial draft contract. Proposed deletions to Form IEPC-SC must be displayed as strike-through text.  Proposed additions to form IEPC-SC must be displayed as underlined text. The applicant and the sponsor have forty (40) days thereafter to negotiate and notice the charter contract for final approval by the sponsor unless both parties agree to an extension. 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-SC M3 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.

(4) through (7) No change.

Rulemaking Authority 1002.33(27) FS. Law Implemented 1002.33(6), (21), 1002.331 FS. History–New 10-25-10, Amended 7-9-12,__________.

 

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

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 26, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 11, 2014