To revise the Model Florida Charter School Application (Form IEPC-M1), the evaluation instrument for that model application (Form IEPC-M2), and the Florida Standard Charter Contract (Form IEPC-SC) to align with recent legislative changes. ...

 

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 evaluation instrument for that model application (Form IEPC-M2), and the Florida Standard Charter Contract (Form IEPC-SC) to align with recent legislative changes. Additionally, s. 1002.33(21), F.S., mandates that the Florida Department of Education develop a standard charter renewal contract.

SUMMARY: House Bill 7069, in the 2017 Florida Legislature, helped to assure that the standard charter contract serves as the starting point for all negotiations between approved charter schools and their district sponsors. The legislative amendment to s. 1002.33(7), F.S., maintains that “any term or condition of a proposed charter contract that differs from the standard charter contract adopted by rule of the State Board of Education shall be presumed a limitation on charter school flexibility.” This does not prevent charter schools and school districts from negotiating changes made to the standard contract, but it does ensure that changes not mutually agreed to would be presumed limitations. Due to this strengthened language, it behooves us to update the standard contract based on feedback we have received from charter school operators and authorizers. Additionally, s. 1002.33(21), F.S., mandates that the Florida Department of Education also develop a standard charter renewal contract. Further, the establishment of the Marjory Stoneman Douglas High School Public Safety Act has made it necessary for the Department to examine how we ask charter school applicants to address their plans to keep their students safe. We propose to enhance that particular section of the model application – Section 19: School Safety and Security – to require applicants to explain how they will be in compliance with this statute. This would also require revisions to the model application evaluation instrument that districts use. Specifically the evaluation criteria would be aligned with the new questions on the application.

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: These updates are 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.

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(7), 1002.33(16), 1002.33(21), FS.

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

DATE AND TIME: November 15, 2019, 9 a.m.

PLACE: Government Services Building, 1769 E. Moody Blvd. #2, Bunnell, FL 32110.

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

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.0786 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 December 2019 February 2016 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06296), 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) Sponsors shall evaluate Model Florida Charter School Applications using Form IEPC-M2, Florida Charter School Application Evaluation Instrument, effective December 2019 February 2016 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06300). Form IEPC-M2 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.

(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 December 20192016, (http://www.flrules.org/Gateway/reference.asp?No=Ref-07647), 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 (DOS link) effective 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)(4) A high-performing charter school system may replicate its high-performing charter schools in any school district in the state. The applicant must submit an application using Form IEPC-HPS1, the Model Florida Charter School Application High-Performing Charter School System Replication (http://www.flrules.org/Gateway/reference.asp?No=Ref-08911), effective January 2018, pursuant to Section 1002.332(2)(b), F.S. Form IEPC-HPS1 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)(5) Sponsors shall evaluate high-performing system replication applications using Form IEPC-HPS2, the Model Florida Charter School Application High-Performing Charter School System Replication Evaluation Instrument (http://www.flrules.org/Gateway/reference.asp?No=Ref-08912), effective January 2018. Form IEPC-HPS2 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)(6) Persons or entities submitting a virtual charter school application must use Form IEPC-VI, Model Florida Virtual Charter School Application, effective February 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)(7) Sponsors shall evaluate Model Florida Virtual Charter School Applications using Form IEPC-V2, Florida Virtual Charter School Application Evaluation Instrument, effective February 2016 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06305). 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.

(9)(8) Applicants completing Addenda A, B, or C, pursuant to the model application shall use Form IEPC-M1A, Applicant History Worksheet, (http://www.flrules.org/Gateway/reference.asp?No=Ref-05518), effective August 2015. Form IEPC-M1A is hereby incorporated by reference and may be obtained electronically on the Department’s website at http://www.fldoe.org/schools/school-choice/, or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, FL 32399-0400.

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,_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Adam Emerson, Charter Schools Director, Department of Education.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Richard Corcoran, Commissioner, Department of Education

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 11, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 9, 2019