Current through Reg. 50, No. 187; September 24, 2024
(1) Purpose. The purpose of this rule is to
set forth the process by which the Charter School Review Commission will review
charter school applications and subsequently inform the applicant and sponsor
on whether the Commission has approved or denied an application.
(2) Definitions.
(a) "Applicant" means the proposed charter
school.
(b) "Commission means the
Charter School Review Commission.
(c) "Department" means the Florida Department
of Education.
(d) "Institute" means
the entity selected by the Department pursuant to s.
1002.3301, F.S., for purposes of
providing administrative and technical assistance by reviewing and providing an
analysis of charter school applications submitted to the Commission.
(e) "Sponsor" means a district school board
of the school district in which the proposed charter school will be
located.
(3) The
Commission.
(a) The Commission must consist
of seven (7) members who have charter school experience, selected by the State
Board of Education and subject to confirmation by the Senate.
(b) The Commissioner of Education must
designate one member as the chair. Each member must be appointed to a 4-year
term. However, for the purpose of achieving staggered terms, of the initial
appointments, three (3) members must be appointed to 2-year terms and four (4)
members must be appointed to 4-year terms. All subsequent appointments must be
for 4-year terms.
(4)
Application submission.
(a) In order to
request an application review from the Charter School Review Commission, an
applicant must submit a completed Model Florida Charter School Application to
the Institute using Form IEPC-M1, incorporated by referenced in Rule
6A-6.0786, F.A.C., which may be
obtained electronically on the Department's website at
http://www.floridaschoolchoice.org.
Information on the Institute's method of receiving applications electronically
also may be obtained at
http://www.floridaschoolchoice.org.
(b) In addition to IEPC-M1, an applicant must
submit the Standard Letter of Intent for Commission Review, incorporated in
this rule as IEPC-LOI, effective November 2023 (
http://www.flrules.org/Gateway/reference.asp?No=Ref-16021),
which may be obtained electronically on the Department's website at
http://www.floridaschoolchoice.org.
(c) Within three (3) calendar days after an
applicant submits an application to the Institute, the applicant must also
provide a copy of the application to the school district in which the proposed
charter school will be located. Within thirty (30) calendar days after
receiving a copy of the application, the school district may provide input
using the Standard Form for District School Board Input, Form IEPC-INP,
effective November 2023, (
http://www.flrules.org/Gateway/reference.asp?No=Ref-16022)
incorporated by reference in this rule, and which may be obtained
electronically on the Department's website at
http://www.floridaschoolchoice.org.
(5) Application review.
(a) Within twenty- four (24) hours of
receiving an application, the Institute must notify the Department of the date
and time the application was received, the applicant's name, and the proposed
sponsor.
(b) The Institute must
complete its review of an application no later than thirty (30) days prior to
the scheduled meeting of the Commission.
(c) The Institute must conduct a complete and
thorough review of the application. The Institute, at its discretion, may
request additional or supplemental information from the applicant, or the
sponsor in which the proposed charter school will be located, and must consider
such information.
(d) The
application review must include an interview of the applicant's team. The
interview may be conducted via electronic means.
(e) The Institute must consider input from
the district in which the proposed charter school would be located as described
in paragraph (4)(c) of this rule.
(6) Recommendations to the Commission.
(a) Upon completion of the application review
and no later than thirty (30) days prior to the scheduled meeting of the
Commission, the Institute must submit its recommendation to the Department
using Form IEPC-M2, Florida Charter School Application Evaluation Instrument,
incorporated by reference in Rule
6A-6.0786, F.A.C. Form IEPC-M2
may be obtained electronically on the Department's website at
http://www.floridaschoolchoice.org.
(b) With its recommendation, the Institute
must also submit to the Department a summary document describing the
Institute's analysis of the application and addressing any specific concerns
asserted by the proposed sponsor.
(c) Any documents or information used or
relied upon in analyzing the application and making the recommendation,
including available transcripts, must be submitted to the Department with the
recommendation and summary document.
(7) Meetings of the Commission.
(a) General requirements.
1. All meetings of the Commission must be
publicly noticed and open to the public.
2. A majority of the members of the
Commission constitutes a quorum.
3.
A majority of the Commission will meet four (4) times each year, or as
required.
4. Meeting dates of the
Commission will be published on an annual basis on the Department's website at
http://www.floridaschoolchoice.org,
or may be obtained from the Office of Independent Education and Parental
Choice, 325 W. Gaines Street, Tallahassee, Florida
32399-0400.
(b)
Commission meeting procedures for considering complete applications.
1. To have an application considered during a
meeting of the Commission, an applicant must submit a completed application
pursuant to subsection (4) of this rule at least ninety (90) days prior to the
date the Commission is scheduled to meet. Applications submitted less than
ninety (90) days before that date will be considered at a future meeting, or
the next available date.
2. At the
Commission meeting in which the applicant's application is being considered for
approval, the applicant may present information on its application before the
Commission for a maximum of five (5) minutes.
3. The Department and, as necessary, the
Institute will be provided with five (5) minutes to present its analysis and
recommendations to the Commission.
4. The proposed sponsor, if in attendance,
may, at its discretion, address the input it provided during the application
review period pursuant to paragraph (4)(c) of this rule.
5. The Commission may ask questions of the
applicant, the Department, the Institute, or the sponsor, if attending the
meeting.
6. Upon reviewing the
application, the relevant documents, the recommendations of the Department and
the Institute, and considering the information presented at the meeting, the
Commission must then proceed by majority vote to either approve or deny the
charter school application.
(8) Informing the applicant and sponsor of
the Commission's decision.
(a) The chair of
the Commission must inform the applicant and sponsor in writing as to the
whether the Commission has approved or denied the charter application
(b) Within thirty (30) days after the
Commission's decision approving the application, the district school board of
the school district in which the proposed charter school will be located must
provide an initial proposed charter contract to the charter school pursuant to
Section 1002.33(7)(b),
F.S., and Rule 6A-6.0786, F.A.C.
(c) If the application is denied, the
applicant may appeal the Commission's decision in accordance with Section
1002.33(6)(c),
F.S.
Rulemaking Authority
1002.33(28),
1002.3301 FS. Law Implemented
1001.02(1),
(2)(n),
1002.33,
1002.3301
FS.
New 11-29-23.