To revise the Model Florida Charter School Application (Form IEPC-M1), the Model Florida Virtual Charter School Application (Form IEPC-V1), the Florida Standard Charter Contract (Form IEPC-SC), and the Florida Standard Charter ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.0786Forms for Charter School Applicants and Sponsors

PURPOSE AND EFFECT: To revise the Model Florida Charter School Application (Form IEPC-M1), the Model Florida Virtual Charter School Application (Form IEPC-V1), the Florida Standard Charter Contract (Form IEPC-SC), and the Florida Standard Charter Renewal Contract (Form IEPC-SCR) to require more specificity in the procedures designed to resolve parental concerns about a student’s health, safety, or welfare. The amendments are designed to require minimum paperwork and are not designed to limit charter school flexibility.

SUMMARY: The proposed rule will revise the various model charter applications and standard charter contracts incorporated in rule to require charter schools to adopt procedures to resolve student welfare concerns involving the student welfare provisions found in section 1001.42(8)(c)1.-6., F.S., within seven days and other student health, safety, or welfare concerns within a reasonable time.

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. No increase in regulatory costs are anticipated as a result of the rule changes.

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: 1001.42, 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-6.0786 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 November 2022December 2019  (http://www.flrules.org/Gateway/reference.asp?No=Ref-11357), pursuant to Section 1002.33, F.S. Form IEPC-M1 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.

(2) No change.

(3) Upon approval of a charter school application, the sponsor shall have thirty (30) days to propose an initial proposed charter contract to the charter school. The sponsor shall use Form IEPC-SC, Florida Standard Charter Contract, effective November 2022December 2019, (http://www.flrules.org/Gateway/reference.asp?No=Ref-11359), 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. Additional components may be included in a charter school contract if mutually agreed upon by both parties. Form IEPC-SC 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) For all charter contract renewals, charter schools and their sponsors shall use the Florida Standard Charter Renewal Contract (Form IEPC-SCR). This shall be the basis for the renewal draft contract. Proposed deletions to Form IEPC-SCR must be displayed as strike-through text. Proposed additions to form IEPC-SCR must be displayed as underlined text. Additional components may be included in a charter school renewal contract if mutually agreed upon by both parties. Form IEPC-SCR is hereby incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-11360) effective November 2022 December 2019 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) through (6) No change.

(7) Persons or entities submitting a virtual charter school application must use Form IEPC-VI, Model Florida Virtual Charter School Application, effective November 2022February 2016, (http://www.flrules.org/Gateway/reference.asp?No=Ref-06304), pursuant to Section 1002.33, F.S. 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.

(8) through (9) No change.

Rulemaking Authority 1002.33(6), (28) FS. Law Implemented 1002.33(6), (21), 1002.331, 1002.332(2) FS. History–New 10-25-10, Amended 7-9-12, 12-23-14, 8-6-15, 2-9-16, 12-20-16, 1-1-18, 12-22-19,

 

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 26, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 5, 2022