1. (1) Definitions: For the purpose of this rule, the following definitions apply.

   1. (a) “Department” means the Florida Department of Education.
   2. (b) “Entity” means a non-profit organization with tax exempt status under s. 501(c)(3) of the Internal Revenue Code that operates three (3) or more public charter schools that serve students in grades K-12 in Florida or other states with a record of serving students from low-income families.
   3. (c) “Charter School Growth Fund” means the non-profit entity Charter Fund Inc., dba Charter School Growth Fund, whose federal employer identification number is 05-0620063.
   4. (d) “National Fund” means the fund established in 2005 by the Charter School Growth Fund to accelerate the growth of the nation’s best charter schools.
   5. (e) “Hope Operator” means an entity that has been designated by the State Board of Education as a Hope Operator pursuant to Section 1002.333(2), F.S.
   6. (f) “Excess seats” means the difference between a facility’s total student stations and the facility’s total capital outlay full-time equivalent (COFTE) student enrollment according to the most recent student survey data. For purposes of determining whether a facility is an underused, vacant or surplus facility, Projected SOH Enrollment for a School of Hope that has submitted an approved SOH Notice of Intent for that facility shall not be deemed to be excess seats.
   7. (g) “Projected SOH Enrollment” means the number of students that a Hope Operator projects for enrollment at a School of Hope following the first five years of its operations in a particular facility.
   8. (h) “Underused, vacant or surplus facility” means an entire facility or portion thereof that is not fully used or is used irregularly or intermittently by the district for instructional or program use.
   9. (i) “Fully used” means a facility that is using at least 90 percent or more of its student stations.
   10. (j) “Vacant and Underused Facilities Report” means the report described in paragraph (5)(a).
   11. (k) “Sponsor” means the district, Florida College System institution or state university that is the sponsor or authorizer of a School of Hope.
   12. (l) “Florida Opportunity Zone” means a population census tract that has been designated by the United States Department of the Treasury as a Qualified Opportunity Zone pursuant to s. 1400Z-1(b)(1)(B) of the Internal Revenue Code.
   13. (m) “Business day” means Monday through Friday, excluding legal holidays pursuant to Section 683.01, F.S., and days in which the district is closed due to a natural disaster.
   14. (n) “Facility Utilization Rate” means the total capital outlay full-time equivalent (COFTE) student enrollment divided by the facility’s total student stations pursuant to the most recent Florida Inventory of School Houses (FISH) report. Solely for the purpose of this calculation, students receiving Level IV or Level V supports through an individual educational plan who are educated in a self-contained classroom for exceptional student education at least 50 percent of the instructional day, shall account for 2.0 COFTE student enrollment.

2. (2) Process for designation as a Hope Operator.

   1. (a) An entity may apply to the State Board of Education to request the Hope Operator designation.

   2. (b) An entity shall be designated as a Hope Operator if it submits a complete application and meets the following criteria:

      1. The achievement of enrolled students exceeds the district and state averages of the states in which the operator’s schools operate;

      2. The average college attendance rate at all high schools currently operated by the operator exceeds 80 percent;

      3. The percentage of students eligible for a free or reduced price lunch under the National School Lunch Act enrolled at all schools currently operated by the operator exceeds 70 percent;

      4. The operator is in good standing with the authorizer in each state in which it operates;

      5. The audited financial statements of the operator are free of material misstatements and ongoing concerns.

   3. (c) In addition to meeting the criteria in paragraph (b), an entity must meet at least one of the following criteria:

      1. The entity was awarded a United States Department of Education Charter School Program grant for the Replication and Expansion of High-Quality Charter Schools pursuant to Title IV, Part C of the Elementary and Secondary Education Act of 1965 as amended by the Every Student Succeeds Act (20 U.S.C. 7221-7221j) within the preceding three (3) years from the date the entity submits an application to the Department.

      2. The entity has a current and active grant award for funding through the National Fund of the Charter School Growth Fund.

      3. The entity is a non-profit charter school that is selected by a district school board to turnaround the performance of a low-performing public school pursuant to Section 1008.33, F.S.

   4. (d) An entity requesting the Hope Operator designation must complete and submit form SOH1, Application for Hope Operator Designation, hereby incorporated by reference ( HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-09075" http://www.flrules.org/Gateway/reference.asp?No=Ref-09075) effective February 2018, and all required supporting documentation identified in form SOH1, to the Department at the address in subsection (8) of this rule. Form SOH1 may be obtained electronically on the Department of Education’s website at http://www.floridaschoolschoice.org or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.
   5. (e) Upon receipt of the Application for Hope Operator Designation, the Department shall review and verify the information and may request additional information necessary for verification purposes. The Department shall provide written notice to the entity indicating the status of the application and the date of the State Board of Education meeting at which the State Board will consider the application.
   6. (f) Upon the State Board of Education voting to designate the entity as a Hope Operator, the Department shall provide official notice to the entity of such designation. If the Application for Hope Operator Designation is denied, the State Board of Education shall articulate in writing the specific reasons supporting its denial of the application and shall provide the letter of denial to the entity.

3. (3) Establishing a School of Hope. An entity that has been designated as a Hope Operator pursuant to Section 1002.333(2), F.S., and subsection (2) of this rule may establish a School of Hope in a Florida Opportunity Zone or in the attendance zone or within a five (5) mile radius of a school identified as a persistently low-performing public school pursuant to Section 1002.333, F.S. A School of Hope may be located outside of a Florida Opportunity Zone or persistently low-performing school attendance zone in the nearest suitable underused, vacant or surplus facility if the district does not have such a facility available for the Hope Operator to use within a Florida Opportunity Zone or persistently low-performing school attendance zone. Students from persistently low-performing schools and students residing in a Florida Opportunity Zone shall be exempt from any enrollment lottery to the extent permitted by federal grant requirements. The School of Hope must be located in the same school district as the Notice of Intent is filed. To establish a School of Hope, the Hope Operator must:

   1. (a) Complete form SOH2, School of Hope Notice of Intent ( HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-09076" http://www.flrules.org/Gateway/reference.asp?No=Ref-09076), hereby incorporated by reference and effective February 2018.
   2. (b) Complete the designated sections of form SOH3, School of Hope Performance-based Agreement (PBA) ( HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-09077" http://www.flrules.org/Gateway/reference.asp?No=Ref-09077), hereby incorporated by reference and effective February 2018. The designated sections of form SOH3, School of Hope Performance-based Agreement, which are to be completed by the Hope Operator, are shaded and marked with brackets. Forms SOH2 and SOH3 may be obtained electronically on the Department of Education’s website at http://www.floridaschoolschoice.org or from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400.
   3. (c) At least four (4) months prior to the anticipated opening date, submit the completed Notice of Intent and School of Hope Performance-based Agreement forms to the Sponsor and, if the Sponsor is a Florida College System institution or state university, a Notice of Intent to the Superintendent of the school district in which the persistently low-performing school has been identified by the Department. The forms shall be either hand delivered or sent certified mail with a return receipt requested. The entity shall provide a copy of the completed forms to the Department at the same time they are submitted to the Superintendent. The forms may be provided to the Department electronically or via regular mail at the address in subsection (11) of this rule.
   4. (d) Within ten (10) business days of receipt of the Notice of Intent and School of Hope Performance-based Agreement forms, the school district shall notify the Hope Operator of any errors or omissions in the notice and PBA and afford the Hope Operator ten (10) business days to complete and resubmit the forms. Errors or omission of an element by a Hope Operator shall not provide a school district any relief from its obligation to enter a Performance-based Agreement unless identified as provided in this paragraph.
   5. (e) Upon receipt of the Notice of Intent and PBA as provided in paragraph (d), the school district shall send the Hope Operator and the Department a notice of the date of receipt, which shall serve as the date when the sixty-day period to enter into a School of Hope Performance-based Agreement begins.

4. (4) Performance-Based Agreement. Upon receipt of a complete Notice of Intent and draft School of Hope Performance-based Agreement form from an entity that has been designated by the State Board of Education as a Hope Operator, the District shall enter into a performance-based agreement with the entity within sixty (60) days to open one or more public Schools of Hope to serve students from persistently low-performing schools.

   1. (a) If the District proposes revisions to the Performance-based Agreement submitted by the Hope Operator, it shall indicate such proposed revisions with strike-through text for proposed deletions and underlined text for proposed additions. All proposed revisions must be consistent with the requirements in Section 1002.333(5), F.S.
   2. (b) Upon execution of the performance-based agreement, the District shall provide a copy of the agreement to the entity and to the Department within ten (10) business days.
   3. (c) If the District fails to enter into a performance-based agreement with the Hope Operator within sixty (60) days the district shall reduce the administrative fees withheld pursuant to Section 1002.33(20), F.S. as directed by Section 1002.333(8), F.S.
   4. (d) The Hope Operator or school district may petition the State Board of Education for dispute resolution if the parties fail to enter into a PBA at least sixty (60) days after submission of the Notice of Intent pursuant to paragraph (7)(a) of this rule.
   5. (e) The performance-based agreement may be amended if both parties mutually agree to the amended terms. The amended performance-based agreement must include the signatures of both parties.

5. (5) Underused, vacant or surplus facility reports and facility access.

   1. (a) Vacant and Underused Facilities Report. By February 1 of each year, school districts must provide the Department with the following information pertaining to their underused, vacant or surplus facilities:

      1. The number of classrooms, student stations and administrative spaces;

      2. The number of full-time equivalent students;

      3. Information such as size and capacity for shared spaces such as gym, cafeteria, auditorium; and

      4. Any other available information regarding school building usage.

   2. (b) In accordance with Section 1002.333(7)(d), F.S., the Department shall publish a final, corrected list of underused, vacant or surplus facilities by April 1 of each year.
   3. (c) Floor Plans. The district shall provide floor plans via secure method for any underused, vacant or surplus facility to a Hope Operator that makes a request for such within ten (10) business days of receipt of the request.

   4. (d) Facility Access. Each district must permit a Hope Operator access to any underused, vacant or surplus facility before or after regular school hours within five (5) business days from receipt of a Hope Operator’s written request for purposes including:

      1. To tour the facility in order to evaluate the facility’s suitability for a School of Hope; and

      2. For planning repairs, maintenance, renovations and other purposes on an ongoing basis associated with opening and maintaining a School of Hope. All personnel responsible for the repairs, maintenance, and renovations of the school building must undergo a Level 2 background screening pursuant to s. 435.04, F.S.

   5. (e) For the purpose of identifying facilities for potential use or shared use by a School of Hope, a facility is deemed eligible if, at the time the School of Hope Building Notice is submitted, it meets at least one of the following:

      1. A Facility Utilization Rate that is no more than 75 percent; or

      2. A surplus of at least 400 student stations.

   6. (f) A School of Hope may not co-locate at a facility that first received occupancy, or was first placed into service, within the previous four (4) years.

6. (6) Facility selection, space allocation, and use.

   1. (a) Facility Use and Support Services. A district must permit a School of Hope to use underused, vacant or surplus district facilities and to receive facility-related services.

      1. (I) A governing board resolution authorizing the proposed site and affirming the intent to open at the facility; and

      2. (II) A draft of the staffing and enrollment plan for the site that includes projected grade levels to be served and anticipated enrollment by grade. This draft must conform to a form prescribed by the Department.

         The Building Notice may be submitted prior to the submission of a Notice of Intent. This paragraph shall not be deemed to invalidate any Building Notices that have already been accepted by a district.

         2. A Hope Operator may not submit more than five (5) School of Hope Building Notices in a twelve (12) month period statewide. If a Hope Operator wishes to submit an additional notice, the Hope Operator must rescind a notice. If a Hope Operator submits more than five (5) Building Notices within a twelve (12) month period, the Department shall notify the Hope Operator and impacted districts. The Hope Operator shall have ten (10) calendar days from receiving such notice, to designate the five (5) Building Notices the Hope Operator intends to keep. If the Hope Operator does not respond to the Department, the most recent Building Notices that exceed the limit are nullified. Districts that receive a Building Notice may request confirmation from the Department that the Hope Operator has complied with the limitations in this paragraph.

         3. The district has twenty (20) business days from the date of submission to provide a written objection to a School of Hope Building Notice. Such written objection may propose an alternate facility for consideration by the Hope Operator, taking into consideration the Projected SOH Enrollment and proximity to the student population the Hope Operator seeks to serve. The Hope Operator is not required to accept the alternate facility. Without objection during twenty (20) business days from the date of submission, the choice is final unless later deemed by the Department to violate the limits set forth in subparagraph 2.

         4. A district may only object to a School of Hope Building Notice due to material impracticability. Should two Hope Operators submit SOH Building Notices for the same space, the space shall be awarded to the first Hope Operator to submit their Building Notice.

         5. A School of Hope Building Notice must not request a facility in which the Projected SOH enrollment exceeds the excess seats set forth in the most recent public reporting published by the Department.

         6. Pursuant to s. 1002.333(9)(c)-(d), F.S., the school district must permit a School of Hope to have the practical and effective use of all or part of an educational facility at no cost, which includes both the ability to occupy space and operate within the facility and to receive facilities-related services, except as expressly provided in this rule. Further, students enrolled in the School of Hope shall be included in the district’s total capital outlay full-time equivalent membership and for calculating any other maintenance funds for the facility. At the request of a School of Hope in a district-owned facility, the school district must provide the School of Hope with the same facilities-related services it provides to district-operated schools, in a manner agreed upon in the Mutual Management Plan, pursuant to paragraph (6)(c).

      1. A Hope Operator that intends to submit a School of Hope Notice of Intent and locate a School of Hope in an underused, vacant or surplus facility shall submit a letter (the “School of Hope Building Notice”) to the Superintendent of the district where the facility is located and a copy of that letter to the Department at least one year and no more than two years prior to the planned opening of the School of Hope. The letter shall include:

      a. The underused, vacant or surplus facility (along with proposed alternatives, at the Hope Operator’s discretion) at which the Hope Operator wishes to locate the school;

      b. Projected SOH Enrollment for such facility;

      c. At the election of the Hope Operator, a preliminary proposal for space allocation within the building, taking into consideration the Projected SOH Seats;

      d. The identification of the applicable low-performing school or opportunity zone; and

      e. An attestation from the Hope Operator that the operator intends to open a School of Hope at the identified facility and the notice is not speculative or filed for the purpose of restricting access to available facilities. The attestation must include the following documentation:

   2. (b) Shared Facility Plan. Thirty (30) calendar days after the choice of underused, vacant or surplus facility is final, the Hope Operator and district must agree on a Shared Facility Plan, renewable annually, subject to amendment no later than sixty (60) calendar days before expiration of the annual term. The Shared Facility Plan must address the following:

      1. Classroom Space and Administrative Space Allocation.

      a. Proportionate Allocation. Classroom space, administrative space and storage space (including student lockers) in the facility must be allocated proportionately based on Projected SOH Enrollment and taking room size into consideration.

      b. Contiguous Allocation. The district and Hope Operator must ensure that all schools in a building can operate in contiguous space. To the extent this requires that an existing school consolidate its operations, it must do so within ten (10) business days of the end of the prior school year.

      2. Shared Common Space Usage. All common indoor and outdoor space at a facility such as cafeterias, gymnasiums, recreation areas, parking lots, storage spaces and auditoriums, without limitation, must be shared proportionately based on total full-time equivalent student enrollment. When it is necessary to schedule use of a space, space shall be scheduled proportionately such as by allowing each school to have proportional access to a cafeteria during traditional lunch hours.

   3. (c) Mutual Management Plan. Thirty (30) calendar days after the choice of underused, vacant or surplus facility is final, the Hope Operator and district must agree on a Mutual Management Plan renewable annually, subject to amendment no later than sixty (60) calendar days before expiration of the annual term. The Mutual Management Plan shall ensure that the space to be used by the School of Hope complies with all safety and other requirements and is maintained as other facilities in the district and as necessary to meet the electrical needs of the School of Hope. District maintenance of space used by the School of Hope must be performed as timely and with as much care as other district space. If the district fails to provide space in this condition, it will reimburse the Hope Operator for fees incurred for such maintenance and ensure building access for any workers providing such services.

      1. The Mutual Management Plan must include an agreement between the Hope Operator and the district for the use of facility-related services requested by the Hope Operator, including but not limited to maintenance services, school safety services, student transportation services, custodial services, nursing services, and food related services. Consistent with subparagraph (6)(a)6., this paragraph outlines the circumstances under which a school district may charge a Hope Operator for facility-related services.

      a. Districts may charge a Hope Operator for the additional incremental costs of utilities resulting directly from the use of such utilities by the Hope Operator.

      b. If a Hope Operator elects to receive school safety services or student transportation services from the district, the Hope Operator shall remit to the district the full amount of any state allocations specifically designated for such services, including but not limited to funds distributed through the Florida Safe Schools Allocation and the Student Transportation Allocation.

      c. If a Hope Operator elects to receive custodial services, nursing services, or food related services, the district may charge the Hope Operator for the additional incremental costs for such services resulting directly from use of such services by the Hope Operator.

      d. The additional incremental costs associated in subparagraphs a. and c. shall exclude costs that the district would incur regardless of the Hope Operator’s use of such services. The district must provide the Hope Operator with an estimate of the anticipated additional incremental costs applicable to the services provided to the Hope Operator. Upon request by the Hope Operator, the district must provide the methodology and supporting documentation used to calculate the district’s actual, reasonable costs to provide such services to the Hope Operator.

      e. The district and Hope Operator, in lieu of the costs calculated in subparagraph d., may agree to a fixed amount per student. The fixed amount shall be less than the estimated costs calculated in subparagraph d.

      2. The Hope Operator and the district must agree on the additional incremental costs to be remitted to the school district by the Hope Operator; however, if the parties do not reach an agreement, the dispute shall be resolved pursuant to the dispute resolution provisions applicable to the Mutual Management Plan.

      3. The Mutual Management Plan must require a School of Hope to comply with school safety requirements that are applicable to charter schools, including but not limited to emergency planning, security procedures, and school safety assessments. If the School of Hope is co-located with another school, the Mutual Management Plan must include coordination with the district’s safety and emergency procedures for the shared campus, including access to control procedures, emergency drills and procedures, reunification plans, threat management coordination, and incident reporting. Nothing in the Mutual Management Plan requires disclosure of confidential or exempt information, as provided for in law.

7. (7) Dispute resolution between districts and Hope Operators relating to an SOH Building Notice, Shared Facility Plan, Mutual Management Plan, Performance Based Agreement or Annual Building Report.

   1. (a) Either a district or Hope Operator may request that the Commissioner appoint a special magistrate to resolve a dispute relating to an SOH Building Notice, Shared Facility Plan, Mutual Management Plan, Performance Based Agreement or a contract between the district and Hope Operator under s. 1008.33, F.S. Such request shall be copied to the other party to the dispute and shall include an evidentiary submission. The Commissioner will appoint the special magistrate within twenty (20) days of the date of request.
   2. (b) The non-initiating party may submit a response within twenty (20) calendar days of the special magistrate’s appointment.
   3. (c) The initiating party may then submit a reply within twenty (20) calendar days of the non-initiating party’s filing or waive the right to do so.
   4. (d) The special magistrate may hold an evidentiary hearing if necessary or decline to do so, within forty-five (45) calendar days of the special magistrate’s appointment, and will submit its recommended order to the Commissioner within fifteen (15) calendar days of the date of the hearing or its decision not to hold one.
   5. (e) The Commissioner shall provide a recommended order to the State Board of Education within fifteen (15) calendar days after receipt of the special magistrate’s recommended order.
   6. (f) The State Board of Education must approve or reject the recommended order at its next regular meeting that is more than eight (8) calendar days from the transmission of the recommended order.
8. (8) This rule does not create a legal right to a performance based agreement with the State Board of Education.

9. (9) School of Hope Funds. A School of Hope may only receive School of Hope funds after its first five (5) years of operation if the School of Hope meets the performance metrics outlined below. Funds received based upon performance may be used for any operational expenditures, including those associated with facility-related services paid to the school district.

   1. (a) The Department shall calculate School Grades pursuant to s. 1008.34, F.S., and Rule 6A-1.09981, F.A.C. This data shall be used for determining eligibility for School of Hope funds beginning in the school’s sixth year of operation and thereafter.

   2. (b) A School of Hope shall initially qualify to receive School of Hope funds in its sixth year of operation or in a subsequent year of operation if, at any time during its most recent two years of operation:

      1. It would have been in the top 7 percent of Title I-eligible district schools statewide of the same school type (i.e., elementary, middle, high, or combination) on the English Language Arts (ELA) Achievement component of School Grades, as defined in Rule 6A-1.09981, F.A.C., in at least one school year; and

      2. It would have been in the top 7 percent of Title I-eligible district schools statewide of the same school type (i.e., elementary, middle, high, or combination) on the Mathematics Achievement component of School Grades, as defined in Rule 6A-1.09981, F.A.C., in at least one school year.

   3. (c) The thresholds may be met in different school years within the two-year window.

   4. (d) Continuation of Eligibility and Provisional Status.

      1. Once a School of Hope meets the standard as described in paragraphs (b) and (c), it shall continue to receive School of Hope funds each subsequent school year unless it falls below the top 7 percent in either of the components listed in paragraph (b) in the most recent school year.

      2. If the school falls below the top 7 percent in either of the components listed in paragraph (b) in the most recent school year, it shall be placed in provisional status for that component for the subsequent school year. A School of Hope in provisional status in a component remains eligible to receive School of Hope funds during the provisional status year.

      3. Provisional status is tracked separately for each component and does not affect funding eligibility based on the other components.

   5. (e) Loss and Reinstatement of Eligibility.

      1. If the School of Hope fails to meet the top 7 percent standard in a component by the end of its provisional status school year for that component, it shall be ineligible to receive School of Hope funds for the following school year until it meets the standard in both components again in the same school year.

      2. Regaining the standard in a component during a school year restores eligibility for that component for the subsequent school year, but funding will resume only when both components meet the standard in the same school year.

   6. (f) Applicable Assessments. The applicable assessments are:

      1. The grade 4 statewide standardized ELA reading and mathematics assessments for elementary schools.

      2. The grade 7 statewide standardized ELA reading and mathematics assessments for middle schools.

      3. The grade 10 statewide standardized ELA reading and the Algebra 1 end-of-course (EOC) assessment for high schools.

      If the students of a high school generally take the Algebra 1 EOC assessment while enrolled in a middle school operated by the same Hope Operator, student performance on such exam at the middle school shall be used in place of high-school-level results on such exam for purposes of the high school’s eligibility under this section.

10. (10) A Hope Operator shall have secure access to the student information system in the school district in which a School of Hope is located.

11. (11) Forms or documentation submitted to the Department should be submitted electronically to HopeSchools@Fldoe.org or mailed to the Office of Independent Education and Parental Choice, 325 West Gaines Street, Suite 1044, Tallahassee, Florida, 32399.

    
    

Rulemaking Authority 1002.333(13) FS. Law Implemented 1002.333 FS. History–New 2-20-18, Amended 10-28-25, 3-26-26.