Ana Maria Rodriguez proposes new provisions giving flexibility to charter schools

A new measure aims to enhance flexibility and autonomy for charter schools.

Doral Republican Sen. Ana Maria Rodriguez filed the bill (SB 822), which amends several provisions and outlines the duties and responsibilities of charter schools and their sponsors to achieve their education goals.

Sponsors would be able to approve a charter for a charter school before the applicant has identified a space, equipment or personnel if the applicant indicates approval would be necessary for it to raise funds. However, a sponsor would be prohibited from imposing its policies on a charter school unless mutually agreed by both parties.

If any agreements in policies are amended by a sponsor, the version of the policy in effect at the time the charter school was executed would remain until the revised policy is mutually agreed on. The sponsor would further be prohibited from holding a charter school responsible for any amended provisions until that happens.

State education goals would be the responsibility of the sponsor, who would be required through state law to ensure the charter school participates in the state’s education accountability system, and any failings to meet performance standards would be required to be reported to the Florida Department of Education (FDOE).

The bill states that sponsors would not be liable for civil damages for personal injury, property damage or death resulting from an act or omission of an officer, employee, agent or governing body of the charter school. Sponsors would also not be liable for any civil damages, and the bill notes that the sponsors’ duties to monitor the charter school do not constitute the basis for a private cause of action.

Imposing additional reporting requirements would be restricted, as long as the charter school has not been identified as having a deteriorating financial condition or a financial emergency. Sponsors would be required to submit an annual report to the FDOE.

Charter school governing boards would be authorized to adopt their own student conduct codes. These codes must meet or exceed minimum standards set by the sponsor’s code of conduct, and the governing board would resolve any complaints or appeals related to the code.

Board members and school employees would be required to undergo background screenings, and if an individual is on the disqualification list maintained by the FDOE, they would be unable to serve on the governing board or work at the charter school.

High-performing charter schools would be required to notify its sponsor in writing by March 1, if it intends to increase enrollment or expand grade levels the following school year. High-performing charter schools would be able to request to assume an existing charter, of which the sponsor would have 40 days to respond and provide an initial draft.

The sponsor and charter school would have 50 days thereafter to negotiate and write up the charter contract for final approval by the sponsor.

A Florida College System institution may work with the school district or school districts in its area to develop charter schools that offer secondary education, requiring that these charter schools include an option for students to receive an associate degree upon graduating from high school.

If passed, the bill would come into effect July 1.

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