All charter schools in Florida are public schools and are part of the state’s program of public education. Charter schools are one of the school choice options available to parents. Pursuant to Florida Statutes, the Sarasota County School Board or Charter School Review Commission (CSRC) shall authorize charter schools through a rigorous standards-based approval process and. For School Board or CSRC approved charters, the district shall monitor the charter school in its progress towards its established student performance goals, monitor adherence to the charter and statutory requirements, and maintain accountability for allocated resources. The district will collaborate with and offer guidance to charter schools to support their efforts to provide students with access to a quality education in a safe learning environment.

I.        Eligibility to Apply for a Charter School, pursuant to F.S. 1002.33:

A.   A proposal for a new charter school may be made by an individual, teachers, parents, group of individuals, a municipality, or any legal entity organized under the laws of the state of Florida. The school shall organize as a nonprofit organization prior to receiving approval as a charter school with the School Board.

B.   Applications may be submitted for a charter school including a collegiate charter school, a conversion charter school, a school-within-a-school charter, a virtual charter, a replication charter or a high-performing replication charter school, pursuant to s.1002.33 and following the state and district procedural requirements for submitting the application.

C.   Private schools, parochial schools and home education schools are not eligible for charter status. A charter school may not be affiliated with a nonpublic sectarian school or religious institution and shall be nonsectarian in programs, admission policies, employment practices and operations.

II.        Timeline for the Application and Approval Process

A.   The School Board shall annually accept charter school applications for proposals to open a charter school at a time determined by the applicant and specified in the charter, using the standard application form prepared by the Florida Department of Education.

B.   Applications shall be approved or denied by majority vote of the School Board no later than ninety (90) calendar days after the application has been received.

C.   The School District and the applicant may mutually agree in writing to postpone the vote to a specific date beyond the ninety (90) calendar days.

D.   Within thirty (30) days of approving a charter school application, the District shall provide an initial proposed charter contract to the charter school. The applicant and the District shall have forty (40) days thereafter to negotiate the charter and provide notice for final approval of the charter contract, unless both parties agree to an extension.

E.   The charter contract shall be approved by majority vote of the School Board and the charter school’s governing board. Should the two boards be unable to reach agreement on the charter, the parties shall adhere to the provisions of F.S. 1002.33 related to mediation and/or dispute resolution through the Division of Administrative Hearings.

F.    If an application is denied, the School Board shall notify the applicant within ten (10) calendar days after such denial and specify in writing the reasons for the denial of the application and shall provide the letter of denial and supporting documentation to the applicant and to the Department of Education.

G.   Pursuant to the timelines and procedures in F.S. 1002.33(6)(c) the applicant may appeal a School Board denial of their application to the State Board of Education no later than 30 calendar days after the receipt of the District ‘s notification of denial. The applicant shall notify the District of its appeal.

III.        Application Requirements and District Review Process

A.   Charter school applications are subject to the requirements of the Model Florida Charter School Application and F.S. 1002.33(6).

B.   All timely submitted applications accepted by the sponsor will be reviewed and evaluated based on compliance with F.S. 1002.33, and the degree to which the application meets the standards and criteria delineated in the Florida Charter School Application Evaluation Instrument.

C.   All charter school applications and proposal materials submitted to the District become public records pursuant to Chapter 119, Florida Statutes.

D.   The Superintendent may establish a District Charter Review Committee (CRC) to process, review and evaluate applications and present evaluation findings.

1.    The District CRC committee membership is determined annually by the Superintendent or designee. The District CRC membership includes district and school-based staff with expertise in the areas addressed in the application. The District CRC may also include parents or community representatives.

2.    The District CRC shall use the Florida Charter School Application Evaluation Instrument to identify strengths and deficiencies in the written application, appendices, historical performance, and/or other areas that require clarification to fully evaluate the quality of the application or the capacity of the applicant to properly implement the proposed plan.

3.    Before final approval or denial of an application, the District shall notify the applicant in writing if minor technical or non-substantive corrections need to be made or signatures need to be added if the errors may cause denial of the application. Upon written notification, the applicant will be allowed at least seven (7) calendar days to make and submit the corrections. This process may not be used by the applicant to make substantive changes or submit new information or make any revisions that would constitute a substantial or material amendment to the original submitted application.

4.    The District CRC may conduct a capacity interview with the applicant and the proposed school’s founding/governing board members (or Board of Directors) in order to corroborate information provided in the written application and to assess the capacity of the school’s board members to operate a successful charter school.

a.    There is no statutory requirement for the applicant to participate in the capacity interview session.

b.    Any information or evidence from the capacity interview that is used by the District CRC to support the evaluation of the application must be properly documented by means of a recording or transcript.

c.    The District CRC may, at its sole discretion, evaluate the application without any additional input from the applicant if the majority of the founding governing board members of the prospective charter school are not present or do not participate in the interview.

d.    The District CRC shall submit a final charter school application evaluation report to the Superintendent. The Superintendent shall present the report to the School Board for action to approve or deny the application.

IV.        Charter Contract

A.   The terms and conditions for the operation of a charter school shall be set forth by the School Board and the charter school’s governing board in a written contractual agreement, called a charter.

B.   The district shall use the Florida Standard Charter Contract or Florida Standard Charter Renewal Contract. Any variation from the Standard Contract shall require mutual written agreement from the School Board and charter school’s governing board.

C.   The charter application and any addenda related to the application approval process are part of the charter.

D.   The District may require other information as required by statute or Florida Department of Education Rule.

V.        Charter Renewals

A.   Prior to renewal of a charter, the sponsor shall perform a program review to evaluate the following:

1.    The level of success of the current academic program;

2.    Achievement of the goals and objectives required by State accountability standards and successful accomplishment of the criteria under F.S. 1002.33;

3.    The viability of the organization;

4.    Compliance with terms of the charter; and

5.    That none of the statutory grounds for non-renewal exist.

B.   Any charter school seeking renewal shall be required to complete a charter renewal application and undergo the Sponsor’s renewal process. The charter renewal application shall include supporting documentation for items 1-5 above.

C.   Renewals shall be for a term of no less than five (5) years unless a longer term is mutually agreed upon, required or allowed by law. Upon approval, the charter contract will be renewed following the charter negotiation process. Charter schools that are not granted a renewal may appeal by following the non-renewal appeal process.

VI.        Nonrenewal or Termination of Charter

A.   At the end of the term of a charter, the School Board may choose not to renew the charter if the School Board finds that one of the grounds set forth below exists by clear and convincing evidence:

1.    Failure to participate in the state's accountability system or failure to meet the requirements for student performance stated in the charter;

2.    Failure to meet generally accepted standards of financial management;

3.    Material violation of law;

B.   A charter may be terminated immediately if the sponsor sets forth in writing the particular facts and circumstances indicating that an immediate and serious danger to the health, safety, or welfare of the charter school’s students exists.

C.   At least ninety (90) days prior to renewing, nonrenewing or terminating a charter, unless a state of emergency exists, the School Board shall notify the governing body of the school of the proposed action in writing, detailing the grounds for the action and stipulating that a request for a hearing may be requested within fourteen (14) calendar days of receipt of the notice. The hearing shall be conducted by an administrative law judge assigned by the Division of Administrative Hearings within 90 days after receipt of the request for a hearing and in accordance with Chapter 120.

D.   In the event a charter is not renewed or is terminated, the School District may assume the operation of the school, or the school shall be dissolved and students assigned to other public schools.

E.   When a charter is not renewed or is terminated, the school shall be dissolved under the provisions of law under which the school was organized, and any unencumbered public funds, except for capital outlay funds and federal charter school program grant funds, from the charter school shall revert to the sponsor. Capital outlay funds provided pursuant to s. 1013.62 and federal charter school program grant funds that are unencumbered shall revert to the department to be redistributed among eligible charter schools. In the event a charter school is dissolved or is otherwise terminated, all sponsor property and improvements, furnishings, and equipment purchased with public funds shall automatically revert to full ownership by the sponsor, subject to complete satisfaction of any lawful liens or encumbrances. Any unencumbered public funds from the charter school, property and improvements, furnishings, and equipment purchased with public funds, or financial or other records pertaining to the charter school, in the possession of any person, entity, or holding company, other than the charter school, shall be held in trust upon the sponsor’s request, until any appeal status is resolved.

F.    If a charter school is not renewed or is terminated, the governing body of the charter school is responsible for all debts of the charter school. The District shall not assume the debt from any contract for services made between the governing body of the school and a third party, except for a debt that is previously detailed and agreed upon in writing by both the governing board of the school and the School Board and that may not reasonably be assumed to have been satisfied by the District.

VII.        Academic Accountability and Student Achievement

The Charter School must meet all state academic accountability and student achievement requirements as outlined in F.S. 1002.33 and the school’s charter.

A.   The charter school may opt to submit its academic achievement goals in an annual School Improvement Plan each year of the Contract in accordance with and as outlined in the District’s School Improvement Plan guidelines for establishing goals and the timeline for review and approval.

1.    The charter school may submit the School Improvement Plan in the same format as used by other District schools or in a different format mutually agreed to by the charter school and the District.

2.    The charter school shall notify the District in writing by May 1st of each year if the school elects not to implement a School Improvement Plan.

3.    Charter schools that have contracts in excess of four years and choose not to develop and implement a School Improvement Plan, unless required to do so pursuant to section 1002.33(9)(n), F.S., shall submit proposed academic achievement goals for five years and resubmit every four years using the same parameters for achievement goals set forth in the charter.

B.   The director and a representative of the governing board of a charter school that has earned a grade of “D” or “F” pursuant to s. 1008.34 or is identified as ATSI, TSI, or CSI, shall appear before the sponsor to present information concerning each contract component having noted deficiencies. The director and a representative of the governing board shall submit to the sponsor for approval a school improvement plan to raise student performance. Upon approval by the sponsor, the charter school shall begin implementation of the school improvement plan. The department shall offer technical assistance and training to the charter school and its governing board and establish guidelines for developing, submitting, and approving such plans.

C.   The Superintendent or designee shall review the proposed academic achievement goals within 30 days of receipt and shall either accept the proposed goals as presented or provide a written explanation for the District’s recommended revisions to the proposed goals. If the charter school and the District cannot agree on the academic achievement goals either party may request mediation pursuant to 1002.33, F.S.

VIII.        Other Charter School Requirements

A.   A charter school shall be nonsectarian in its programs, admission policies, employment practices, and operations.

B.   A charter school shall maintain all financial records in a manner consistent with F.S. 1002.33(9)(g).

C.   Tuition Prohibition. A charter school shall not charge tuition or fees, except those fees normally charged by other public schools. However, a charter lab school may charge a student activity and service fee as authorized by s. 1002.32(5).

D.   Length of School Year. A charter school shall meet the instructional hours requirements in accordance with F.S. 1011.61.

E.   School Calendar. If the school will not follow the Sponsor’s school calendar, the school shall notify the Sponsor in writing by May 1st of each year and provide the Sponsor with the school’s calendar for the following school year.

F.    Each charter school shall maintain a website that enables the public to obtain information regarding the school; the school’s academic performance; the names of the governing board members; the programs at the school; any management companies, service providers, or education management corporations associated with the school; the school’s annual budget and its annual independent fiscal audit; the school’s grade pursuant to s. 1008.34; and, on a quarterly basis, the minutes of governing board meetings.

G.   If an organization (management organization), including but not limited to: 1) a management company, 2) an educational service provider, or 3) a parent organization, will be managing or providing significant services to the school, the contract for services between the management organization and the governing board shall be provided to the District and attached as an appendix to the charter contract. Any contract between the management organization and the school must ensure that:

1.    The contract will clearly define each party’s rights and responsibilities including specific services provided by the management organization and the fees for those services and specifies reasonable and feasible terms under which either party may terminate the contract. The contracts must provide that the management company/education service provider must comply with the school’s charter contract with the District. Additionally, all management company/education service provider contracts with charter schools shall contain clearly defined performance indicators for evaluating the management company/education service provider, initial contract execution date.

2.    All public funds paid to the school will be paid to, and controlled by, the governing board, which in turn will pay the management organization for successful provision of services.

3.    Any default or breach of the terms of the contract by the management company shall constitute a default or breach under the terms of the contract between the school and District.

H.   Education Program and Curriculum. Any material change to a charter school’s current education program and/or curriculum and/or any material change to what is described in the approved Application or Charter requires Sponsor approval and shall be submitted to the Sponsor for consideration by May 1st in any given year for the subsequent school year.

I.     A charter school may give preference in admission to students or limit the enrollment as provided for in section 1002.33(10), Florida Statutes, and as specified in the Charter Application. Changes to the school’s criteria for admissions and/or eligibility for enrollment must be submitted to the Sponsor for approval 60 days prior to the registration and enrollment period for the subsequent school year.

J.    A charter school will not conduct routine or random drug testing of students for any purpose.

IX.        Professional Learning

A.   A charter school is responsible for ensuring that all administrators, student support personnel and all full-time instructional personnel are trained in the most relevant components of the school’s staff development plan, which must address federal and state requirements, as applicable.

B.   Professional learning and training needs shall be based on student achievement and other student outcome data as well as be aligned to the needs of the individual employee based on the results of the teacher/principal evaluation results.

C.   Employees of a charter school may participate in professional learning activities offered by the District. Any costs associated with professional development for which there is an additional fee, and for which no federal funding has been provided for such purposes to the Sponsor, will be the responsibility of the school or individual school employee.

X.        Rule Exemptions

A charter school shall be exempt from all School Board policies except those pertaining to health, safety, civil rights, financial records, accountability related to student enrollment reports, financial audits, and collective bargaining agreements if the staff chooses to remain part of the District bargaining unit(s).

  XI.        Governance

A.   The governing board of the charter school shall annually adopt and maintain an operating budget which shall be provided to the sponsor no later than thirty (30) days prior to the opening of school each year.

B.   The governing board of the charter school shall exercise continuing oversight over charter school operation.

C.   The governing body shall participate in governance training approved by the Department of Education.

D.   The governing board of the charter school shall report its progress annually to the sponsor which shall forward the report to the Commissioner of Education at the same time as other annual school accountability reports. The annual report shall be submitted in a format provided by the Department of Education consistent with F.S. 1002.33.

XII.        Human Resources and Personnel Options

A.   A charter school shall select its own employees. A charter school may contract with its sponsor for the services of personnel employed by the sponsor.

B.   Charter school employees may bargain collectively as a separate unit or as part of the existing applicable District collective bargaining unit(s).

C.   If teachers at a charter school choose to be a part of a professional group that subcontracts with the charter school to operate the instructional program under the auspices of a partnership or cooperative that they collectively own, they shall not be considered public employees.

D.   Employees of the School District may take leave to accept employment in a charter school upon the approval of the School Board and may maintain seniority accrued in the School District. They may continue to be covered by the benefit program of the School District only if the charter school and the School Board agree to the arrangement and its financing.

E.   Teachers employed or under contract to a charter school shall be certified, as required by Florida Statutes or if not certified, contracted with according to the provisions defined in Florida Statutes.

F.    A charter school may not knowingly employ an individual to provide instructional services if the individual's certification or licensure as an educator is suspended or revoked in Florida or any other state. A charter school may not knowingly employ an individual who has resigned from a school district in lieu of disciplinary action or who has been dismissed for just cause by any School District.

G.   The charter school shall conduct screenings and employment history checks, as required by law, on candidates for instructional and administrative positions that require direct contact with students.

H.   All governing board members and employees of a charter school shall be fingerprinted and shall undergo a background screening as provided for in Florida Statutes.

I.     The governing body of a charter school may elect to participate in the Florida Retirement System after proper application and approval under Florida Statutes.

J.    The charter school shall disclose to the School District the employees of the charter school who are related to the owner, board of directors, president, superintendent, school administrator or other person with decision making authority at the charter school.

K.   A charter school shall comply with the restriction on employment of relatives provisions included in section 1002.33(24), Florida Statutes.

L.    A charter school shall comply with section 1012.34, Florida Statutes, related to performance evaluation requirements for charter school instructional personnel and school administrators. A charter school shall notify the District by May 1st of each school year as to the school’s intent to follow the District’s Instructional Personnel and School Administrators Evaluation System or if the school will adopt their own performance evaluation system for implementation in the subsequent school year.

XIII.        Exemptions from Statutes

A.   A charter school shall operate in accordance with its charter and shall be exempt from all statutes in chapters 1000-1013 with the exception of:

1.    Statutes specifically applying to charter schools;

2.    Statutes relating to the student assessment program and the school grading system;

3.    Statutes pertaining to provision of services to student with disabilities;

4.    Statutes pertaining to civil rights, including F.S. 1000.05 relating to discrimination; and

5.    Statutes relating to student health, safety and welfare.

B.   Charter schools will also be in compliance with the following statutes:

1.    Section 286.011 relating to public meetings and records, public inspection and criminal and civil penalties;

2.    Chapter 119 relating to public records;

3.    Section 1003.03, relating to the maximum class size, except that the calculation for compliance pursuant to s. 1003.03 shall be the average at the school level;

4.    Section 1012.22(1)(c), relating to compensation and salary schedules;

5.    Section 1012.33(5), relating to workforce reductions;

6.    Section 1012.335, relating to contracts with instructional personnel hired on or after July 1, 2011;

7.    Section 1012.34, relating to the substantive requirements for performance evaluations for instructional personnel and school administrators.

8.    Section 1006.12, relating to safe-school officers.

9.    Section 1006.07(7), relating to threat management teams.

10. Section 1006.07(9), relating to School Environmental Safety Incident Reporting.

11. Section 1006.07(10), relating to reporting of involuntary examinations.

12. Section 1006.1493, relating to the Florida Safe Schools Assessment Tool.

13. Section 1006.07(6)(d), relating to adopting an active assailant response plan.

14. Section 943.082(4)(b), relating to the mobile suspicious activity reporting tool.

15. Section 1012.584, relating to youth mental health awareness and assistance training.

16. Section 1001.42(4)(f)2., relating to middle school and high school start times. A charter school-in-the-workplace is exempt from this requirement.

XIV.        Funding

Students enrolled in a charter school shall be funded the same as students enrolled in a basic or special program in any other public school in the District.

A.   Each charter school shall report its student enrollment to the District School Board as required by Florida Statutes and School Board policy and procedures. The School Board shall include each charter school’s enrollment in the District’s report of students.

B.   Charter schools whose students or programs meet the eligibility criteria in law shall be entitled to their proportionate share of all Florida Education Finance Program and General Appropriations Act funds, gross state and local funds, discretionary funds, categorical program funds and federal funds. Total funding for each charter school will be recalculated during the year to adjust for the actual weighted-full time equivalent and eligible students reported by the school and the revised calculations under the Florida Education Finance Program, following the October and February Full Time Equivalent (FTE) counts.

C.   Any administrative fee charged by the School District to the charter school shall be no more than five percent (5%) of the available funds defined in XIII.B. The District may only withhold an administrative fee for enrollment up to and including two hundred fifty (250) students. The District may only withhold an administrative fee for enrollment up to and including five hundred (500) students within a system of charter schools that meets designated criteria. Administering the contract includes providing technical assistance, monitoring policy compliance and processing financial, student and other records or required reports. This does not include contract(s) for other specific services to staff or student participation in the benefit packages or other special programs. The fees for these services will be negotiated and will be determined on an actual cost basis.

The District shall ensure that charter schools receive timely and efficient reimbursement, including processing paperwork required to access special state and federal funding for which the charter school may be eligible. Payments of funds under paragraph (b) shall be made monthly or twice a month, beginning with the start of the sponsor’s fiscal year. Each payment shall be one-twelfth, or one twenty-fourth, as applicable, of the total state and local funds described in paragraph (b) and adjusted as set forth therein. Thereafter, the results of full-time equivalent student membership surveys shall be used in adjusting the amount of funds distributed monthly to charter schools for the remainder of the school fiscal year with payment issued no later than ten (10) working days after receipt of funding or the District shall pay a penalty of one percent (1%) interest per month. Under no circumstances will the School District advance funds before a charter school is open, but the School Board may approve a charter before the applicant has secured space, equipment, or personnel if the applicant indicates approval is necessary for it to raise working capital. Millage Levy, if applicable. The District shall provide additional funding to a charter school if a millage levy is approved by voters through a referendum.

XV.        Facilities Requirement

A charter school shall utilize facilities which comply with the Florida Building Code adopted pursuant to Florida Statutes, the Florida Fire Prevention Code pursuant to Florida Statutes and the comprehensive land use plan as adopted by the authority in who jurisdiction the facility is located. A certificate of occupancy may be required by the School District within fifteen (15) days of the opening of school.

XVI.        Services

A.   Goods and services made available to charter schools through contract with the School District shall be provided at a rate no greater than the District’s actual cost unless mutually agreed upon by the district and the charter school.

XVII.        Monitoring and Review

A.   The Superintendent, or designee, shall have ongoing responsibility for monitoring the health, safety and well-being of students and the fiscal responsibility of all approved charter schools. The Superintendent, the Superintendent’s designee, other District personnel and all School Board members shall have free and open access to the charter school at all times.

B.   The charter school shall submit a monthly financial report to the School District no later than the last day of the month following the month being reported. Financial reports for schools designated by the state as high- performing charter schools shall be submitted quarterly as provided by Florida law.

C.   The governing body of the charter school shall report its progress annually to its sponsor, which shall forward the report to the Commissioner of Education at the same time as other annual school accountability reports. The Department of Education shall develop a uniform, online annual accountability report to be completed by charter schools. This report shall be easy to utilize and contain demographic information, student performance data, and financial accountability information. A charter school shall not be required to provide information and data that is duplicative and already in the possession of the department.

D.   If a deteriorating financial condition is identified, the School District shall notify the governing board of the charter school and the Commissioner of Education within seven (7) business days. The governing board and District shall develop a corrective action plan and submit the plan to the Commissioner of Education within thirty (30) business days after notifying the charter school.

E.   If a certified public accountant or an auditor finds that a charter school is in a state of financial emergency, the charter school shall file a detailed financial recovery plan with the District and Commissioner of Education no later than thirty (30) days after receipt of the audit. The Superintendent or designee shall monitor implementation of the recovery plan.

F.    Additionally, the Superintendent or designee shall regularly monitor charter school compliance with charter requirements.

XVIII.        Immunity

For the purposes of tort liability, the governing body and employees of a charter school shall be governed by Florida Statutes. The School Board shall assume no liability for actions of the governing body of the charter schools or its employees.