To conform the rule to changes made during the 2021 Legislative Session in Senate Bill 1028, Ch. 2021-35, Laws of Florida, which removed application deadlines for charter school applications. This is also applicable to the ....

 

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: To conform the rule to changes made during the 2021 Legislative Session in Senate Bill 1028, Ch. 2021-35, Laws of Florida, which removed application deadlines for charter school applications. This is also applicable to the ballot initiative process for charter school conversion status. The effect is to remove application deadlines for conversion charter schools.

SUMMARY: A district school board, principal, teachers, parents or school advisory council may notify a district school administrator of a desire to convert a school to charter status. At least 50 percent of parents and 50 percent of teachers must support the conversion from district school to charter school through a ballot. The rule amendment now states that the ballot process must be complete within 60 days of the initial notification to the school administrator. Only one vote per calendar year may be held. If a majority of parents supports the conversion, the charter application must be submitted during the same calendar year the vote was held. If a majority does not support the conversion, the application may not be submitted.

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 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: 1002.33, F.S.

LAW IMPLEMENTED: 1002.33, F.S.

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

DATE AND TIME: October 19, 2022, 9:00 a.m.

PLACE: Caribe Royale, 8101 World Center Drive, Orlando, Florida 32821.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Adam Emerson, Executive Director, Office of Independent Education and Parental Choice, [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 covert 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) Initiation of ballot process. A district school board, the principal, teachers, parents, and/or the school advisory council at an existing public school that has been in operation for at least two (2) years may submit a request in writing to the school administrator to conduct a vote for conversion. The request shall be submitted no later than ninety (90) days prior to the August 1 deadline for charter applications. The administrator shall complete initiate the ballot process within sixty (60) days of receipt of the written request and the ballot process shall be completed no less than thirty (30) days prior to the charter application deadline.

(2) No change.

(3) Ballot results.

(a) through (c) No change.

(d) If a majority of teachers employed at the school and a majority of voting parents support the charter proposal, the conversion charter application must be submitted during the same calendar year the vote is held by the application deadline that follows the ballot. The ballot results may not carry over to another school year or application period.

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

(f) Only one (1) vote per calendar school 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,

 

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

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 9, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 8, 2022