A.

fails to participate in the State's education accountability system created in F.S. 1008.31, or fails to meet the requirement for student performance as specified in the charter;

B.

fails to meet generally accepted standards of fiscal management;

C.

materially violates the law;

D.

materially breaches the charter, as described in State law; and/or

E.

for other good cause shown.

A.

An individual, teachers, parents, a group of individuals, a municipality, or a legal entity organized under the laws of this State anticipating submission of an application are urged to contact the District’s Office of Charter Schools for an application packet prior to the application deadline. Applicants who are planning to submit a proposal should send a letter of intent to the Office of Charter Schools on or before the first working day in December.

B.

Charter school applicant must participate in training provided by the Florida Department of Education (FLDOE) before filing an application, unless they have participated in qualified training provided by the District.

C.

The Board and/or any of its designees shall not take unlawful reprisal against another Board employee because that employee is either directly or indirectly involved with a charter school application.

D.

Applicants must submit an application on the FLDOE's Standard Florida Charter School Application template and forms. A single application is required for each site with any grade configuration within Pre-K through grade eight. A separate application must be submitted for any grade configuration within grades nine through twelve and/or postsecondary grade configurations.

E.

The Board shall not charge any fees for processing or consideration of a final charter school application. The Board's approval of a charter shall not be predicated on the promise of any future pay of any kind.

F.

The applicant and Board may mutually agree, in writing, to extend the statutory timeline to consider the charter application. Such agreement shall detail the extension date or timeframe.

G.

Charter schools shall not use or bear the name of an existing traditional public, charter, or private/parochial school in Polk County.

The Office of Charter Schools
The School Board of Polk County
1915 S. Floral Avenue
Bartow, Florida 33830

A.

State Application Form

Applications must be submitted using the Standard Charter School Application form developed and distributed by the FLDOE.

B.

Statement of Assurances

Applicants are required to sign under the penalties of perjury the Statement of Assurances form contained within the Standard Charter School Application developed and distributed by the FLDOE, thereby attesting to the following:

1.

The charter school will be nonsectarian in its programs, admission policies, employment practices, and operations.

2.

The charter school will enroll any eligible student who submits a timely application, unless the school receives a greater number of applications than there are spaces for students, in which case students will be admitted through a random selection process.

3.

The charter school will adhere to the anti-discrimination provisions of F.S. 1000.05.

4.

The charter school will adhere to all applicable provisions of State and Federal law relating to the education of students with disabilities, including the Individuals with Disabilities Education Act; Section 504 of the Rehabilitation Act of 1974; and Title II of the Americans with Disabilities Act of 1990.

5.

The charter school will adhere to all applicable provisions of Federal law relating to students who are limited English proficient, including Title VI of the Civil Rights Act of 1964 and the Equal Educational Opportunities Act of 1974.

6.

The charter school will participate in the Statewide assessment program created under F.S. 1008.22.

7.

The charter school will comply with Florida statutes relating to public records and public meetings, including F.S. Chapter 119 and F.S. 286.011 which are applicable to applicants even prior to being granted a charter.

8.

The charter school will obtain and keep current all necessary permits, licenses, and certifications related to fire, health, and safety within the building and on school property.

9.

The charter school will provide for an annual financial audit in accordance with F.S. 218.39.

C.

Proposed Contracts for Services

Applicants anticipating a request for District services (i.e., transportation, payroll services, use of facilities, etc.) must include a proposed contract for each service desired.

A.

The District shall receive and review all final applications using an evaluation instrument developed by the FLDOE.

B.

The Board shall evaluate all timely final applications as submitted. During the evaluation process, 1) applications cannot be amended and 2) missing documentation and unsolicited information will not be accepted or considered. However, as required by law, the Board shall allow the applicant, upon receipt of written notification, seven (7) calendar days to make technical or nonsubstantive corrections and clarifications, including, but not limited to corrections of grammatical, typographical, and like errors or to add missing signatures, if such errors are identified as cause to deny the final application.

C.

The Board shall deny any final application that does not comply with the statutory requirements and/or Board's instructions for charter school applications.

D.

Additional Information

1.

The Board may solicit information regarding 1) history and background of individual applicants and/or founding/governing boards and its individual members including, but not limited to, a demonstration of the professional experience or competence of those individuals or organizations applying to operate the charter school or those hired or retained to perform professional services; and 2) the description of clearly delineated responsibilities and the policies and practices needed to effectively manage the charter school. A description of internal audit procedures and establishment of controls to ensure that the financial resources are properly managed must be included. This information may be used to evaluate the applicant's ability to operate a charter school.

2.

The Board may solicit additional information during the review and evaluation of the final charter school application such as whether the applicant currently operates charter schools in Florida and if the proposed school will be a replication of an existing school design. This information may be used to evaluate the applicant's ability to operate a charter school.

3.

The applicant may provide evidence of prior experience in establishing and operating public charter schools. Evidence of prior experience and success in establishing and operating charter schools shall be weighed in making a determination to recommend approval or denial of a final application.

4.

The charter review team may raise specific questions in its review process that clarify a particular point in the final application. These specific questions and answers will be considered as part of the superintendent's review and decision making process. If the charter review team identifies sections of the final application that are missing, inaccurate or incomplete, additional submittals to address these deficiencies will not be considered as part of the review process.

E.

Charter Review Team (CRT)

The purpose of this team is to identify deficiencies in the written final application and/or areas that require clarification to fully evaluate the quality of the final application or the capacity of the group to properly implement the proposed plan.

The CRT shall be comprised of members of the Superintendent's executive staff or their appropriate designees, school principals and other administrators from the following areas of expertise:

1.

School Based Operations;

2.

Curriculum and Instruction, including, but not limited to, K-12 reading, math, and science;

3.

Officer of Charter Schools (non-voting);

4.

Facilities;

5.

Business Services;

6.

Human Resource Services;

7.

Learning Support;

8.

Information Systems and Technology;

9.

Support Services;

10.

Assessment, Accountability, and Evaluation;

11.

English Speakers of Other Languages;

12.

Regional Assistant Superintendent Representative;

13.

General Counsel (non-voting);

14.

Discipline;

15.

Diversity Management;

16.

Existing Charter School Principal/Director; and

17.

Up to three (3) community members to be appointed by the Board.

An external consultant may be contracted to facilitate the team's work.

A majority of the entire membership constitutes a quorum for voting purposes.

Applicants shall be notified and given the opportunity to attend an applicant interview. This purpose of the interview is to ascertain the level of knowledge and overall preparedness to open a charter school exhibited by the founding board and the school's director (if named) and, as such, a total of three (3) persons may attend this interview on behalf of the charter school. No more than one (1) interviewee may be a management company representative and/or consultant. Attorneys may be in attendance but are not respondents or part of the interview. Information provided during these interviews will be shared with the CRT, the Diversity Council, the Superintendent, and the Board.

The applicant will be encouraged to have at least one (1) governing board member present. The CRT may, at its sole discretion, evaluate the application without any additional input from the applicant if at least one (1) governing board member of the charter school is not available for the applicant interview.

By majority vote, the CRT shall make a recommendation to the Superintendent to approve or deny each application.

All applications will be submitted to the Board by the Superintendent with a recommendation for approval or denial no later than ninety (90) calendar days after the final application is received, unless the applicant and the Board mutually agree, in writing, to postpone the vote to a specific date, at which time the Board shall approve or deny the final application.

An application submitted by a high-performing charter school that has satisfied the requirements set forth in State law for such designation or a high-performing charter school system as set forth in F.S. 1002.332 may be denied by the Board only if the Superintendent demonstrates by clear and convincing evidence that the application failed to meet one (1) or more of the criteria set forth in F.S. 1002.33(6)(b)(3)(b):

1.

The application of a high performing charter school does not materially comply with the requirements set forth in F.S. 1002.33(3)(a) or, for a high performing charter school system, the application does not materially comply with F.S. 1002.332(2)(b).

2.

The charter school proposed in the application does not materially comply with the requirements in F.S. 1002.33(9).

3.

The proposed charter school's educational program does not substantially replicate that of the applicant's high-performing charter school.

4.

The applicant has made a material misrepresentation or false statement or concealed an essential or material fact during the application process.

5.

The proposed charter school's educational program and financial management practices do not materially comply with the requirements of F.S. 1002.33.

If the Board denies an application submitted by a high-performing charter school or a high-performing charter school system, the specific reasons, based upon the criteria set forth in F.S. 1002.33(3)(b), for the denial shall be provided in writing to the applicant and the FLDOE within ten (10) calendar days after such denial.

A.

The governing body of the charter school shall submit a completed copy of the Department of Education’s Charter Renewal format to the Board.

B.

The renewal format will be made available to the charter school on or before the last working day in July of the final year of the charter.

C.

A renewal charter’s focus should rest on demonstrated, documented performance.

D.

The applicant and Board may mutually agree, in writing, to extend the deadline to submit a renewal document. Such agreement shall detail the extension date or timeframe.

A.

Initial Charter Contract

1.

Initial contract shall be for a term of five (5) years unless a longer term is specifically required by law.

2.

Before a recommendation regarding whether or not the Board should approve an initial contract, evidence of the following shall be provided:

a.

Evidence of a proper legal structure (e.g., articles of incorporation, bylaws, municipal charter). The applicant shall be a not for profit organized pursuant to F.S. Chapter 617.

b.

Except for virtual charter schools, actual location and evidence that a facility has been secured for the term of the charter, or a deadline for submitting evidence that a facility has been secured. Evidence should include, but is not limited to:

1)

letter of intent from the landlord or mortgagee indicating property usage and term of occupancy;

2)

executed lease or certification of occupancy; and/or

3)

use or occupational license indicating proper use.

All facilities must meet the requirements set forth in F.S. 1002.33.

B.

Charter Contract Negotiations

The Board shall have thirty (30) days after approval of an application to provide an initial proposed charter contract to the charter school. The applicant and the Board shall have forty (40) days thereafter to negotiate and notice the charter contract for final approval by the Board unless both parties agree to an extension. The proposed charter contract shall be provided to the charter school at least seven (7) calendar days prior to the date of the meeting at which the charter is scheduled to be voted upon by the Board. The Department of Education shall provide mediation services for any dispute regarding this section subsequent to the approval of a charter application and for any dispute relating to the approved charter, except disputes regarding charter school application denials. If the Commission of Education determines that the dispute cannot be settled through mediation, the dispute may be appealed to an administrative law judge appointed by the Florida Division of Administrative Hearings. The administrative law judge has final order authority to rule on issues of equitable treatment of the charter school as a public school, whether proposed provisions of the charter violate the intended flexibility granted charter schools by statute, or on any other matter regarding this section except a charter school application denial, a charter termination, or a charter nonrenewal and shall award the prevailing party reasonable attorney's fees and costs incurred during the mediation process, administrative proceeding, and any appeals to be paid by the losing party.

C.

Request to Extend Negotiations/School Opening

1.

The applicant and Board may mutually agree to extend the statutory timeline to negotiate and consider approval of the charter contract for a period not to exceed one (1) year from the approved opening date in the charter school application. Requests shall be submitted, in writing, to the Office of Charter Schools by an authorized agent of the charter school, detailing the reason for the requested extension.

2.

In the event that the statutory timeline to negotiate and enter into a charter contract is extended, the applicant shall update its charter school application prior to resuming negotiations with regard to: (1) updated budget; and (2) applicable application revisions necessitated by the delay.

3.

The application shall be automatically rescinded, without further action by the Board, if the applicant does not enter into contract negotiations or open the school within: (1) the timeframe specified by law, or (2) the date of extension which has been mutually agreed upon in writing by both parties.

4.

Upon approval of an application, the initial startup shall commence with the beginning of the Board's school calendar. A charter school may defer the opening of the school's operations for up to three (3) years to provide time for adequate facility planning. The charter school must provide written notice of such intention to the Board and the parents of enrolled students at least thirty (30) calendar days before the first day of school. In the event that the opening of the approved applicant’s charter school is deferred, the applicant shall update its charter school application prior to the opening of the charter school with regard to: (1) updated budget; and (2) applicable application revisions.

5.

An approved contract shall be automatically revoked, without further action by the Board, if the applicant does not open the school:

a.

on the first day of school of the initial school year indicated in the contract; or

b.

on the first day of the school year indicated in the approved deferral.

D.

Charter Contract Amendments/Modifications

1.

A charter may be modified during its initial term or any renewal term upon the recommendation of the Board or the charter school's governing board and the approval of both parties to the agreement. All modifications must be mutual and in writing. Unilateral modification made by the charter school is grounds for termination or non-renewal. Modification during any term may include, but is not limited to, consolidation of multiple charters into a single charter if the charters are operated under the same governing board, regardless of the renewal cycle. A charter school that is not subject to a school improvement plan and that closes as part of a consolidation shall be reported by the District as a consolidation.

2.

Modifications may be considered by the Board for a number of reasons, which may include, but is not limited to, protect the health, safety, or welfare of the students.

3.

All contract amendment requests shall be submitted in writing to the Office of Charter Schools by an authorized agent of the charter school. Additional information or documentation may be requested for consideration of any amendment requests.

4.

The charter school shall provide evidence of governing board approval for all proposed amendments (e.g., governing board resolution, governing board meeting minutes).

5.

Requirements for Amendment Requests

a.

Education Program Amendments

Significant changes in the curriculum or changes in grade levels constitute a change in the educational program and shall require an amendment that is mutually acceptable and approved by both parties. Requests for such amendments shall include the following information and supporting documentation:

1)

justification for change

2)

effective date of the change

3)

evidence that financial implications, feasibility, and student access issues have been addressed, including provisions for all required resources, staff, and materials

4)

evidence of parental support

A high-performing charter school that has met the requirements set forth in State law for such designation shall notify the Board of any increase in enrollment by March 1st of the school year preceding the increase. The written notice shall specify the grade levels that will be added. Student enrollment may not exceed the capacity of the facility at the time the enrollment increase will take effect. Facility capacity for the purposes of grade level expansion shall include any improvements to an existing facility in which a majority of the student of the high-performing charter school will enroll. If a charter school notifies the District of its intent to expand, the District shall modify the charter within ninety (90) days to include the new enrollment maximum and may not make any other changes. The District may deny a request to increase the enrollment of a high-performing charter school if the Commissioner of Education has declassified the charter school as high performing. If a high-performing charter school requests to consolidate multiple charters, the District shall have forty (40) days after receipt of that request to provide an initial draft charter to the charter school. The District and charter school shall have fifty (50) days thereafter to negotiate and notice the charter contract for final approval by the District.

b.

Location Amendments

1)

Changes in locations or addition of location (i.e., relocation, secondary campus, satellite locations) shall include the following information and supporting documentation:

a)

description of location, including identification as permanent or temporary

If the relocation will be temporary, the request shall include the period of time during which the school will be at the temporary location.

b)

effective date of the relocation

c)

evidence that financial implications, feasibility, and student access issues have been addressed

d)

evidence of parental support for the new facility

e)

evidence of the school's property interest in the facility (owner or lessee)

f)

a disclosure affidavit in accordance with F.S. 286.23, if the school leases the facility

2)

Nothing in this policy or State law obligates the Board to agree to increase the number of facilities, campuses, and/or locations associated with a charter school’s operations.

3)

The charter school shall not change or add facilities or locations at any time during the term of the charter contract without prior approval of the Board through the contract amendment process. Violation of this provision constitutes a unilateral amendment or modification of this contract and good cause for termination.

4)

If the request for a location amendment involves a facility in which other schools are operating, the names of the school(s), the grade levels, number of classrooms, number of students in each class, and the number of students enrolled in each school shall be included in the request, in addition to the information and documentation described in paragraphs a and b above.

5)

No later than thirty (30) days prior to the opening of schools or the initial use of the facility by the school, the school shall have an approved contract and evidence of all necessary permits, licenses, zoning, use approval, facility certification and other approvals required for use of the facility by the local government. A certificate of occupancy or a temporary certificate of occupancy must be provided to the Board no later than fifteen (15) calendar days before the first day of school.

c.

Enrollment Capacity Amendments

Changes to enrollment capacity shall include the following information and supporting documentation:

1)

justification for change

2)

effective date of the change

3)

evidence of proper facility approvals and/or allowable facility capacity

4)

evidence that financial implications, feasibility, and student access issues have been addressed

5)

evidence of parental support

A high-performing charter school that has met the requirements set forth in State law for such designation shall be required to notify the Board in writing by March 1st of its intent to increase enrollment the following school year. The written notice shall specify the amount of the enrollment increase. The District shall not require a charter school to identify the names of students to be enrolled or to enroll those students before the start of the school year as a condition of approval or renewal of a charter.

6.

When a contract is amended or renewed, it shall be updated to comply with this policy and the current standard charter contract.

A.

Charter schools shall organize or be operated by a not for profit organized pursuant to F.S. Chapter 617, a municipality, or another public entity, as provided by law.

B.

Charter School’s Governing Board Requirements

1.

The charter school’s governing board shall be solely responsible for the operation of the charter school which includes, but is not limited to, school operational policies; academic accountability; and financial accountability.

As required by State law, each charter school’s governing board must appoint a representative to facilitate parental involvement, provide access to information, assist parents and others with questions and concerns, and resolve disputes. Furthermore, this representative must reside in the District in which the charter school is located. The individual serving as the parental involvement representative must reside in the District and may be a governing board member, charter school employee, or an individual with whom the charter school contracts to represent the board in this capacity. If the governing board oversees more than one charter school in the District, a representative to facilitate parental involvement shall be appointed for each school. The name and contact information for the representative must be provided in writing to parents of children enrolled in the charter school at least annually and must also be prominently posted on the charter school’s website. Governing Board members are not required to reside in the District if the charter school otherwise complies with the terms of this paragraph.

The charter school’s governing board shall hold at least two (2) public meetings per school year in the District. The meetings must be noticed, open, and accessible to the public and attendees must be provided an opportunity to receive information and provide input regarding the charter school’s operations. The appointed representative to facilitate parental involvement and the principal or director or his/her equivalent must be physically present at each meeting. Members of the governing board may attend in person or by means of communications media technology used in accordance with rules adopted by the Administration Commission under F.S. Chapter 120.

2.

Governing board members must:

a.

notify the Board of changes in membership within forty-eight (48) hours of change; and

b.

successfully fulfill a background check by the Board, as specified by law upon appointment to the governing board.

3.

Governing board members must develop and approve by-laws that govern the operations of the board and the charter school prior to execution of the charter contract and annually consult with charter school staff to refine overall policy decision-making of the charter school regarding curriculum, financial management, and internal controls.

4.

Governing board members and their spouses are prohibited by State law from serving as an employee of the charter school or receive compensation, directly or indirectly, from the charter school’s operations, including but not limited to: grant funds; lease/mortgage payments; or contracted service fees.

5.

Governing board members must participate in FLDOE sponsored charter school governance training to ensure that each board member is aware of his/her duties and responsibilities, pursuant to State Board Rule F.A.C. 6A-6.0784:

a.

Each governing board member must complete a minimum of four (4) hours of instruction focusing on Government in the Sunshine, conflicts of interest, ethics, and financial responsibility as specified in F.S. 1002.33(9)(k). After the initial four (4) hour training, each member is required, within the subsequent three (3) years and for each three (3) year period after that to complete a two (2) hour refresher training on the four (4) topics above in order to retain his/her position on the charter school board. Any member who fails to obtain the two (2) hour refresher training within any three (3) year period must take the four (4) hours of instruction again in order to remain eligible as a charter school board member.

b.

New members joining a charter school board must complete the four (4) hour training within ninety (90) days of appointment to the board.

6.

Dispute Procedures (Board versus Charter School Governing Board)

Application, nonrenewal, and termination decisions are not subject to this dispute resolution process and must follow the procedures in F.S. 1002.33, Board policy, and the charter contract. Nothing contained herein shall operate to limit a charter school's rights to utilize the dispute resolution procedures set forth in F.S. 1002.33.

a.

The Board and the charter school agree that the existence and the details of a dispute notwithstanding, both parties shall continue without delay their performance under the charter contract, except for any performance which may be directly affected by such dispute.

b.

Either party shall notify the other party that a dispute exists between them. The notification shall be in writing and shall identify the article and section of the contract that is in dispute and the grounds for the position that such article and section is in dispute. The matter shall be immediately submitted to the Board and the charter school’s director for further consideration and discussion to attempt to resolve the dispute.

c.

Should the representatives named in paragraph (b) above be unable to resolve the dispute within ten (10) days of receipt of written notification by one to the other of the existence of such dispute, then the matter may be submitted by either party to the Superintendent and to the school’s governing board chair for further consideration and discussion to attempt to resolve the dispute.

d.

Should the parties still be unable to resolve their dispute within thirty (30) days of the receipt of written notification by one to the other of the existence of such dispute, then either party may proceed with utilizing the dispute resolution procedures set forth in F.S. 1002.33.

7.

Conflict Resolution (Charter School versus Parents/Legal Guardians, Employees, and Vendors)

a.

All conflicts between the charter school and the parents/legal guardians of the students enrolled at the charter school shall be handled by the charter school or its governing board. The procedures for handling such conflicts must be set forth in the charter contract.

b.

Evidence of each parent’s acknowledgement of the charter school’s Parent Conflict Resolution Process shall be available for review upon request by the Board.

c.

All conflicts between the charter school and the employees of the charter school shall be handled by the charter school or its governing board.

d.

All conflicts between the charter school and vendors of the charter school shall be handled by the charter school or its governing board.

e.

The Board shall be provided with the name and contact information of the parties involved in the charter school’s conflict resolution process. The Board shall be notified immediately of any change in the contact information.

C.

Management Companies

1.

If a management company or a combination of contracted professionals will be managing the charter school, the contract(s) between the charter school and company(ies) shall be submitted to the Board for review prior to the approval of the charter school’s contract. If a decision to hire any of these entities occurs subsequent to the execution of the charter contract or amendment, the contract(s) between the charter school and company(ies) shall be submitted to the Board at least ten (10) days before any payment is made to any of the entities.

2.

Any proposed amendments to the contract with the management company shall be submitted to the Board for approval prior to execution of that amended contract with the management company by the charter school. A copy of all executed contracts must be provided to the Board within the timeframe provided by the charter contract.

3.

All management company contracts with the charter school must make it clear that the charter governing body shall retain and exercise continuing oversight over all charter school operations and must contain provisions specifying the ability for the charter school to terminate the contract and must comply with terms as stated in the charter contract between the charter school and the Board. Any default or breach of the terms of the charter contract by the management company(ies) shall constitute a default or breach of the charter contract by the charter school.

4.

Neither employees of the management company "relatives" of the management company's employees as defined in F.S. 1002.33 shall serve on the charter school’s governing board or serve as officers of the corporation.

D.

Voluntary Closure of Charter School

A charter may be terminated by a charter school's governing board through voluntary closure. The decision to cease operations must be determined at a public meeting. The governing board shall notify the parents and Board of the public meeting in writing before the public meeting. The governing board must notify the Board, parents of enrolled students, and the FLDOE in writing within twenty-four (24) hours after the public meeting of its determination. The notice shall state the charter school's intent to continue operations or the reason for the closure and acknowledge that the governing board agrees to follow the procedures for dissolution and reversion of public funds pursuant to Florida law.

A.

The Board shall not impose any policies or practices to limit charter school enrollment except as may be permitted in accordance with State law.

B.

The Board may document, in writing, any discrepancies or deficiencies--whether fiscal, educational, or related to school climate--and the steps and timelines for correction and additional monitoring. At a minimum, copies will be provided to the charter school principal and appropriate Board staff.

C.

The charter school shall obtain the appropriate facility capacity approvals from the jurisdictional authority where the facility is located (i.e., county, municipality, or both). The Board, at its discretion, may accept a letter from the architect of record specifying the capacity if the capacity is not provided by the facility’s jurisdictional authority. The Board may withhold monthly payments for FTE that exceed capacity specified by the charter contract or approved facility capacity.

D.

The charter school’s calendar will be consistent with the beginning of the Board’s calendar for the first school year and must provide instruction for the minimum number of days and minutes required by law for other public schools. Should the charter school elect to provide a summer program or year-round school, the charter school shall notify the Board, in writing, each year to ensure appropriate record keeping.

E.

Student Code of Conduct, Student Handbooks, and Parent Contracts and Application of Board Policies

1.

Only the Board may expel a student.

2.

The charter school may follow the Board’s Student Code of Conduct or an alternate code of conduct approved by the Board. The charter school shall provide the Board with a copy of an approved alternate student code of conduct upon revision. Any amendments must be approved by the Board prior to implementation. Evidence of governing board approval is required for amendments.

3.

Any parent contracts shall also be submitted to the Board for approval prior to implementation. Any amendments must be approved by the Board, prior to implementation. Evidence of governing board approval is required for amendments.

4.

The charter school may be required to provide proof of parent/guardian’s receipt of student code of conduct, handbook, or parent contract.

5.

Violations of parent contracts shall not result in involuntary withdrawal of a student in the same school year of the violations. Violations of the parent contract may result in the student not being re-enrolled or loss of enrollment preference for the following school year.

6.

The Board shall not apply its policies to a charter school unless mutually agreed to by both the Board and the charter school. If the Board subsequently amends any agreed-upon Board policy, the version of the policy in effect at the time of the execution of the charter, or any subsequent modification thereof, shall remain in effect and the sponsor may not hold the charter school responsible for any provision of a newly revised policy until the revised policy is mutually agreed upon.

F.

Food Service and Transportation

Transportation and food services are the responsibility of the charter school. These services must be provided according to District, State, and Federal laws, rules, and regulations.

G.

Facility Leases

1.

If a charter school will be leasing or subleasing a facility, the contract(s) between the charter school and landlord or sublessor shall be submitted to the Office of Charter Schools for review and approval.

2.

Any amendments to the lease shall be submitted to the Office of Charter Schools for review prior to execution, by the charter school.

3.

A copy of all executed contracts must be provided to the Office of Charter Schools within the timeframe provided by the charter contract.

4.

Any default or breach of the terms of the charter contract by the lessor/sublessor may constitute a default or breach of the charter contract by the charter school.

H.

Academic Accountability

1.

The Superintendent shall have ongoing responsibility for monitoring all approved charter schools with regard to the charter school's progress towards achieving the goals established in the charter. The Superintendent shall have access to the charter school at all times.

2.

The Board shall monitor adherence to the educational and related programs as specified in the approved application, charter, curriculum, instructional methods, any distinctive instructional techniques to be used, reading programs and specialized instruction for students who are reading below grade level, compliance with State standards, assessment accountability, and achievement of long- and short-term goals. An analysis comparing the charter school's standardized test scores to those of similar student populations attending other public schools in the District will also be conducted.

a.

In the event a charter school earns a grade of "D" or "F" in the grading system set forth in State law, the director and a representative of the governing board of the charter school shall appear before the Board to present information concerning each contract component having noted deficiencies and shall prepare and submit to the Board for approval a proposed School Improvement Plan to raise student achievement. The proposed School Improvement Plan must meet the requirements set forth in State law. The charter school shall implement the proposed School Improvement Plan once approved by the Board.

b.

If a charter school earns three (3) consecutive grades below a "C", the charter school governing board shall take corrective action as set forth in F.S. 1002.33. The corrective action must be implemented in the school year following receipt of a third consecutive grade below a "C". If the charter school does not improve to a "C" or higher after two (2) full school years of implementing the corrective action, the charter school must select and implement a different corrective action in accordance with F.S. 1002.33. If the charter school does improve to a grade of "C" or higher, it is no longer required to implement the corrective action; however, the charter school must continue to implement strategies identified in the School Improvement Plan.

c.

Upon publication by the FLDOE of the list of charter schools that meet the criteria set forth in paragraphs I.2.a. and b. above, the Board shall notify, in writing, each charter school in the District that appears on the list that it is required to submit a School Improvement Plan and to appear before the Board. Pursuant to State Board rule, such notification may be delivered electronically, provided there is proof of receipt.

The notification shall include the following:

1)

The date, time, and location of the publicly noticed meeting at which the director and a representative of the charter school governing board shall appear before the Board. For purposes of this requirement, "director" shall mean charter school director, principal, chief executive officer, or other management personnel with similar authority. The appearance shall be no earlier than thirty (30) calendar days and no later than ninety (90) calendar days after the Board's notification is received by the charter school.

2)

The date by which the charter school must submit its proposed School Improvement Plan to the Board for review by staff, which shall be no earlier than thirty (30) calendar days.

3)

Whether the charter school is required to select a corrective action.

d.

The Board shall notify the charter school, in writing, within ten (10) calendar days of its decision to approve or deny the School Improvement Plan.

1)

The Board may deny a School Improvement Plan if it does not meet the requirements of State law. If denied, the Board shall provide the charter school, in writing, the specific reasons for denial and the timeline for its resubmission.

2)

Either the charter school or the Board may request mediation pursuant to State law if the parties cannot agree on a School Improvement Plan.

e.

As required by State law, the Board will review the School Improvement Plan annually to monitor the charter school's continued improvement.

1)

The director and a representative of the governing board of the charter school shall appear before the Board at least once per year to present information regarding the progress of intervention and support strategies implemented by the charter school pursuant to the School Improvement Plan and, if applicable, to review the corrective actions taken pursuant to I.2.c above.

2)

At the meeting, the Board will identify the services that the District will provide to the charter school to assist the charter school in addressing its deficiencies, and following the meeting, these services will be communicated, in writing, to the director.

3)

A charter school that improves to at least a "C" is not required to submit a new School Improvement Plan but must continue to implement the strategies identified in the approved School Improvement Plan and continue to report annually to the Board. The Board shall notify, in writing, each charter school implementing a School Improvement Plan of the requirement to appear before the Board to present information regarding the progress of the approved School Improvement Plan. The notification shall include the date, time, and location of the publicly noticed meeting at which the director and a representative of the charter school shall appear.

f.

A charter school's contract shall be automatically terminated if the school earns two (2) consecutive grades of "F" after all school grade appeals are final, unless one of the exceptions set forth in State law is applicable. If no exceptions apply, the Board will notify the charter school's governing board, the charter school principal, and the FLDOE in writing when the charter contract is terminated under this subparagraph.

g.

The laws applicable to School Improvement Plans and corrective actions do not limit the Board’s authority to terminate the charter at any time in accordance with State law.

3.

The charter school shall make annual progress reports to the Board to determine progress toward goals established in the charter contract.

4.

Exceptional Student Education (ESE)

a.

The Board is the Local Educational Agency (LEA) for all Board-approved charter schools and will serve ESE students in the same manner as students attending other public schools in the District. ESE students attending Board-approved charter schools shall be provided supplementary and related services on site at the charter school to the same extent to which the Board has a policy or practice of providing such services on site to its other public schools. The Board shall provide funds under Part B of the IDEIA to Board-approved charter schools on the same basis as the School District provides funds to the Board’s other public schools, except for those charter schools that are their own LEA for the purpose of federal funding pursuant to F.S. 1002.33(25).

b.

ESE students will be educated in the least restrictive environment. The charter school shall ensure that ESE students are provided with programs and services implemented in accordance with Federal, State, and local policies and procedures and specifically the IDEIA, Section 504 of the Rehabilitation Act of 1973, and other related statutes and State Board of Education rules. If an IEP team determines that the charter school cannot meet the needs of an ESE student, the charter school and the Board agree to provide the ESE student with the appropriate placement as determined by the IEP team in accordance with State and Federal law.

c.

The Board shall provide ESE administration services to charter schools which shall be set forth in more detail in the charter. For those charter schools that are their own LEA for the purpose of Federal funding, compliance with their own federal IDEIA grant is required.

d.

With respect to the provisions of special education and related services:

1)

The Board shall be responsible for conducting initial evaluations of students referred for potential special education and gifted placement in accordance with Federal and State statutes.

2)

The charter school shall deliver all educational and related services indicated on a student’s IEP, Section 504 Plan, or EP. The Board may provide related services through a separate contract between the charter school and the Board. The charter school shall also be responsible for all reevaluations.

3)

The Board shall appoint an "ESE Staffing Specialist" who may, at the Board’s discretion, attend all IEP meetings and meetings related to the provision of special education and related services to charter school students. The charter school must provide notice to the ESE Staffing Specialist of all such meetings. The ESE Staffing Specialist shall serve as the LEA representative at all meetings.

4)

The charter shall further set forth the specific roles and responsibilities of the charter school and the Board with respect to exceptional student education.

e.

Non-compliance may result in the Board’s withholding of subsequent payments to the charter school without penalty of interest (including State capital payments), and may result in non-renewal or termination for good cause.

5.

English Language Learners (ELL) -- Students who are of limited proficiency in English will be served by ESOL certified personnel. The charter school shall demonstrate an understanding of State and Federal requirements regarding the education of English language learners, be committed to serving the full range of needs of ELL students, create and implement sound plans for educating ELL students that reflect the full range of programs and services required to provide all students with a high quality education, and demonstrate capacity to meet the school’s obligations under State and Federal law regarding the education of ELL students.

6.

The Board may, in accordance with State law, require all charter schools to submit to the Board a school improvement plan or multi-year accountability plan on a form provided by the Board to ensure a plan to maintain or raise student academic achievement within the timelines specified by the Board and the FLDOE.

I.

Financial Accountability

1.

In order to provide comparable financial information to that reported for other public schools, charter schools shall maintain all financial records in accordance with the accounts and codes prescribed in the most recent issuance of the publication titled, Financial and Program Cost Accounting and Reporting for Florida Schools. Charter school governing boards shall also annually adopt and maintain an operating budget as required by F.S. 1002.33(9)(h). Charter schools shall provide annual financial reports and program cost report information by the deadlines specified in the charter contract, in the State-required formats for inclusion in the Board’s reporting in compliance with F.S. 1011.60(1) and 1002.33(9)(g). The financial statements are to be prepared in accordance with Generally Accepted Accounting Principles using governmental accounting, regardless of corporate structure F.S. 1002.33(9)(g). The annual financial audit must be in the State-required format.

At the discretion of the charter school’s governing board, a charter school may elect to follow generally accepted accounting standards for not-for-profit organizations, but must reformat this information for reporting according to the requirement set forth in the paragraph above.

High-performing charter schools are required to submit financial statements in accordance with and within the timeframes stated in F.S. 1002.33.

2.

First year charter schools may be required to provide the Board any of the following, which may be in addition to information otherwise required by law:

a.

A sensitivity analysis and financial plan based on enrollment of fifty percent (50%), seventy-five percent (75%), and 100% of projected capacity.

b.

Cash flow projections for the first year, displayed by month, and a plan to fund any cash flow shortfalls, updated monthly.

c.

Contingency plans to replace any loss of State funds for both operation and capital expenditures.

d.

Within forty-five (45) days of month end, reconciliations of all bank accounts, which must include a copy of the entire bank statement of each account, must be attached to the bank reconciliation.

3.

Title I: A charter school that is eligible to receive Title I funds shall submit an approved Title I Schoolwide Plan within three (3) months of becoming a designated Title I school. Failure to submit an approved plan will result in withholding of Title I funds.

4.

Financial Policies: The charter school shall establish and implement accounting and reporting policies, procedures, and practices for maintaining complete records of all receipts and expenditures. The charter school shall provide a copy of these policies to the Board annually.

5.

Payments to charter schools by Board

a.

The Board shall make timely and efficient payment and reimbursement to charter schools, including processing paperwork required to access special State and Federal funding for which they may be eligible. Payments of funds as described in F.S. 1002.33(17)(b) shall be made monthly or twice a month, beginning with the start of the Board's fiscal year. Each payment shall be one-twelfth (1/12) or one-twenty-fourth (1/24), as applicable, of the total State and local funds described in F.S. 1002.33(17)(b) as adjusted. For the first two (2) years of the charter school's operation, if a minimum of seventy-five percent (75%) of the projected enrollment is entered into the Board's student information system by the first day of the current month, the Board shall distribute funds to the charter school the months of July through October based on the projected full-time equivalent student membership of the charter school as submitted in the approved application. If less than seventy-five percent (75%) of the projected enrollment is entered in to the Board's student information system by the first day of the current month, the Board shall base payments on the actual number of student enrollment entered in the sponsor's student information system. Thereafter, the results of full-time equivalent student membership surveys shall be used in adjusting the amount of funds distributed monthly to the charter school for the remainder of the fiscal year. The payment shall be issued no later than ten (10) working days after the Board receives a distribution of State or Federal funds or the date the payment is due pursuant to F.S. 1002.33(17)(e). Timing of receipt of local funds by the Board shall not delay payment to the charter school of the funds identified in F.S. 1002.33(17)(b).

b.

Capital Outlay Payments – The Board shall make payments to the school upon receipt of all required supporting documentation as referenced in section 8.h. – Capital Outlay Payment Process. Charter schools must be located in the State of Florida to be eligible for public educational capital outlay (PECO) funds.

c.

Miscellaneous Payments – The Board shall make timely miscellaneous payments to the charter school upon receipt of funding from the FLDOE for various programs including Title I and MAP. The Board’s payment is subject to the charter school’s fulfillment of its responsibilities under the applicable State and Federal laws.

Unless otherwise mutually agreed to by the charter school and the District, and consistent with State and Federal rules and regulations governing the use and disbursement of Federal funds, the District shall reimburse the charter school on a monthly basis for all invoices submitted by the charter school for Federal funds available to the District for the benefit of the charter school, the charter school's students, and the charter school's students as public school students in the District. Such Federal funds include, but are not limited to, Title I, Title II, and Individuals with Disabilities Education Act (IDEA) funds. To receive timely reimbursement for an invoice, the charter school must submit the invoice to the District at least thirty (30) days before the monthly date of reimbursement set by the District. In order to be reimbursed, any expenditure made by the charter school must comply with all applicable State rules and Federal regulations, including, but not limited to, the applicable Federal Office of Management and Budget Circulars, the Federal Education Department General Administrative Regulations, and program specific statutes, rules, and regulations. Such funds may not be made available to the charter school until a plan is submitted to the District for approval of the use of the funds in accordance with applicable Federal requirements. The District has thirty (30) days to review and approve any plan submitted pursuant to this paragraph.

d.

Conditions for Non-payment – The Board may withhold payment, without penalty of interest, for violation of law or as specified in the charter school contractual agreement. This includes, but is not limited to: failure to comply with financial requirements, failure to provide proper banking wiring instructions, exceeding contracted enrollment capacity or allowable facility capacity, insufficient instructional minutes and/or days, inappropriate facility licenses, approvals and/or permits, and failure to obtain successful background clearance for potential employees, contractors, and/or governing board members.

6.

Financial Reports: Charter schools shall provide the District, upon approval of the charter contract, with a concise, uniform, monthly financial statement summary sheet that contains a balance sheet and a statement of revenue, expenditures, and changes in fund balance. The balance sheet and the statement of revenue, expenditures, and changes in fund balance shall be in the governmental funds format prescribed by the Governmental Accounting Standards Board. A high performing charter school may provide a quarterly financial statement in the same format and requirements as the uniform monthly financial statement summary sheet. The Board shall review each monthly or quarterly financial statement to identify whether any of the conditions in F.S. 1002.345(1)(a) exist. Charter schools shall maintain and provide financial accountability information as required in this section.

7.

Annual Financial Statements

a.

Unaudited June 30th year-end financial statements shall be submitted to the Board within the timelines specified by the charter contract. These financial statements must be prepared in accordance with Generally Accepted Accounting Principles using governmental accounting.

b.

Annual Financial Audit - The charter school agrees to submit to and pay for an annual financial audit, in compliance with Federal, State, and Board regulations, showing all revenue received, from all sources, and all expenditures for services rendered. The audit shall be conducted by an independent certified public accountant or auditor selected by the governing board of the charter school, and shall be delivered to the Board in compliance with the charter contract. If the charter school’s audit reveals a deficit financial position, the auditors are required to notify the charter school’s governing board, the Board and the Florida Department of Education in the manner defined in the charter contract.

1)

Selection Procedures -- Charter schools shall use auditor selection procedures when selecting an auditor to conduct the annual financial audit pursuant to the processes described in F.S. 218.39 and 218.391, which includes, but is not limited to: the establishment of an audit committee and request for proposal (RFP) for audit services, public advertisement of RFP, and development of evaluation and selection criteria.

2)

Requirements -- Pursuant to F.S. 218.391, the procurement of audit services shall be evidenced by a written contract embodying all provisions and conditions of the procurement of such services. An engagement letter signed and executed by both parties shall constitute a written contract. The written contract shall, at a minimum, include the following:

a)

a provision specifying the services to be provided and fees or other compensation for such services

b)

a provision requiring that invoices for fees or other compensation be submitted in sufficient detail to demonstrate compliance with the terms of the contract

c)

a provision specifying the contract period, including renewals, and conditions under which the contract may be terminated or renewed

c.

Failure to comply with the timely submission of all financial statements in the required format specified by the Board, shall constitute a material breach of the charter contract and may result in the Board’s withholding of subsequent payments to the charter school without penalty of interest, (including state capital payments), and may result in non-renewal or termination for good cause.

8.

Capital Outlay Funding

Pursuant to F.S. 1013.62(5), the application for, approval of, and process for documenting expenditures from charter school capital outlay funds shall be in accordance with the procedures and requirements specified by the Commissioner of Education.

Before receiving capital outlay funds the charter school governing board must enter into a written agreement with the Board. Such agreement must provide for the reversion of any unencumbered funds and all equipment and property purchased with public education funds to the ownership of the Board, as provided for in F.S. 1013.62(4), if the charter school terminates operations. Any funds recovered by the State shall be deposited in the General Revenue Fund.

As required by State law, the Board shall remit capital outlay funds to a charter school no later than February 1st of each year, as required by F.S. 1002.32(3)(e), based on the amount of funds received by the Board.

9.

Review and Audit

a.

The Board has the right at any time to review and audit all financial records of the charter school to ensure fiscal accountability and sound financial management pursuant to F.S. 1002.33. The charter school shall provide the Board with a copy of the management letter from any audits as well as any responses to the auditor's findings with a corrective plan that shall be prepared and submitted within thirty (30) days from the date of the management letter.

b.

Deteriorating Financial Condition and Financial Emergencies (F.S. 1002.345)

1)

Deteriorating Financial Condition – "Deteriorating financial condition" means a circumstance that significantly impairs the ability of a charter school or a charter technical career center to generate enough revenues to meet its expenditures without causing the occurrence of a condition described in F.S. 218.503(1).

a)

A charter school shall be subject to an expedited review by the Board upon the occurrence of any of the conditions specified in F.S. 1002.345(1)(a)(1)-(4).

b)

The Board shall notify the governing board within seven (7) business days after one or more of the conditions set forth in F.S. 1002.345(1)(a)(1)-(4) are identified or occur.

c)

The governing board and the Board shall develop a corrective action plan and file the plan with the Commissioner of Education within thirty (30) business days after notification is received as provided in paragraph 9(b)(1)(b) herein. If the governing board and the Board are unable to agree on a corrective action plan, the Commissioner of Education shall determine the components of the plan. The governing board shall implement such plan.

d)

Failure to implement the corrective action plan within one (1) year shall result in additional action prescribed by the State Board of Education, including the appearance of the chair of the governing board before the State Board of Education.

2)

Financial Emergency – If a financial audit conducted by a CPA in accordance with F.S. 218.39 reveals that one (1) or more of the conditions in F.S. 218.503(1) have occurred or will occur if action is not taken to assist the charter school, the auditor shall notify the governing board of the charter school, as appropriate, the Board, and the Commissioner of Education within seven (7) business days after the finding is made. If the charter school is found to be in a state of financial emergency pursuant to F.S. 218.503(4), the charter school shall file, a financial recovery plan pursuant to F.S. 218.503 with the Board and the Commissioner of Education within thirty (30) days after being notified by the Commissioner of Education that a financial recovery plan is needed.

3)

Annual progress of the corrective action plans and/or financial recovery plans shall be included in an annual progress report to the Board.

4)

The Board may require periodic appearances of governing board members and charter school representative.

c.

A Financial Recovery Plan Staff Group (FRSG) shall be appointed by the Board and convened to review and monitor financial statements, corrective action plans and financial recovery plan(s) submitted by the charter school(s). The FRSG shall report progress and when applicable, make recommendations to the Chief Auditor. At least one (1) representative of the charter school must be available to answer questions.

1)

The FRSG shall be comprised of staff members from Business Services, Office of Charter Schools, and, when appropriate, the Office of Management and Compliance Audits.

2)

The Chief Auditor will present the FRSG’s recommendation to the Board’s independent Audit Committee for review and recommendation to the Board.

3)

Inability to cure a deteriorating financial condition and/or status of financial emergency may result in termination of the charter school contract.

10.

Grants

a.

If the Board is required to be the fiscal agent for a grant, the charter school shall comply with the Board’s grant procedures as indicated in the charter contract.

b.

The Board shall receive written approval from the charter school to include the charter school in a District-wide grant. The appropriate pro-rata share of dollars or services of grants will be allocated to the charter school, as defined by the grant awarded.

c.

The charter school is required to maintain adequate records to support grant-funded programs for the minimum years prescribed by the law. The Board may review these records, upon reasonable notice.

11.

Health, Safety, and Welfare of Staff and Students

Carefully planned and executed fire exit drills shall be conducted at the beginning of each semester, at times designated by the principal, following instruction of all classes regarding exits to be used in case of fire. At least one (1) fire exit drill shall be conducted every month school is in session. Any emergency evacuation drill (e.g., "crisis event"), completely performed, may be substituted for a required fire exit drill in a given month. All drills and all deficiencies affecting egress shall be documented in writing.

Inspections of all buildings including educational facilities, ancillary plants, and auxiliary facilities for casualty safety, and sanitation shall be conducted at least once during each fiscal year. Conditions that may affect environmental health and safety or impair operation of the plant will be reported, with recommendations for corrective action.

Each school cafeteria must post in a visible location and on the school website the school’s semiannual sanitation certificate and a copy of its most recent sanitation inspection report.

Under the direction of the fire official appointed by the Board, fire-safety inspections of each educational and ancillary plant located on property owned or leased by the charter school’s governing board, or other educational facilities operated by the charter school’s governing board, shall be made no sooner than one (1) year after issuance of a certificate of occupancy and annually thereafter. Such inspections shall be made by persons properly certified by the Division of State Fire Marshal to conduct fire-safety inspections in public educational and ancillary plants.

A copy of the fire safety inspection report shall be submitted to the Board and the county, municipality, or independent special fire control district providing fire protection services to the school facility within ten (10) business days after the date of the inspection, in accordance with Florida statute.

Alternate schedules for delivery of reports may be agreed upon between the charter school’s governing board, the Board, and the county, municipality, or independent special fire control district providing fire protection services to the site in cases in which delivery is impossible due to hurricanes or other natural disasters. Regardless, if immediate life-threatening deficiencies are noted in the report, the report shall be delivered to the Board and to the county, municipality, or independent special fire control district providing fire protection services immediately.

J.

Charter School Website

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 F.S. 1008.34; and, on a quarterly basis, the minutes of governing board meetings.

A.

number of draft applications received on or before May 1st and each applicant’s contact information;

B.

number of final applications received on or before August 1st and each applicant’s contact information;

C.

date each application was approved, denied, or withdrawn; and

D.

date each final contract was executed.

A.

Up to five percent (5%) for the following:

1.

enrollment of up to and including 250 students in a charter school as defined in F.S. 1002.33(20);

2.

enrollment of up to and including 500 students within a charter school system which meets all of the following:

a.

includes conversion charter schools and nonconversion charter schools;

b.

has all of its schools located in the same county;

c.

has a total enrollment exceeding the total enrollment of at least one school district in Florida;

d.

has the same governing board for all of its schools; or

e.

does not contract with a for-profit service provider for management of school operations;

3.

enrollment of up to and including 250 students in a virtual charter school.

B.

Up to two percent (2%) for enrollment of up to and including 250 students in a high-performing charter school as defined in F.S. 1002.331.