Senate Bill sb1710c1

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    Florida Senate - 2005                           CS for SB 1710

    By the Committee on Education





    581-1785-05

  1                      A bill to be entitled

  2         An act relating to charter schools; amending s.

  3         218.39, F.S.; requiring that a charter school

  4         be notified of certain deteriorating financial

  5         conditions; amending s. 218.50, F.S.; providing

  6         a short title; amending s. 218.501, F.S.;

  7         revising the statement of purpose; amending s.

  8         218.503, F.S.; providing for charter schools to

  9         be subject to provisions governing financial

10         emergencies; amending s. 1002.32, F.S.;

11         clarifying that charter laboratory schools are

12         included within provisions governing other

13         developmental research schools; deleting

14         obsolete provisions; amending s. 1002.33, F.S.;

15         requiring sponsors of charter schools to

16         implement specified policies and procedures by

17         the effective date of the act; providing

18         additional obligations of the sponsor; revising

19         requirements for the sponsor in monitoring a

20         charter school; requiring that the sponsor

21         conduct an annual review of the charter school;

22         requiring that the director and representative

23         of the school's governing board appear before

24         the sponsor under certain circumstances;

25         providing duties of the chief executive officer

26         of the sponsor; requiring that a charter school

27         review its achievement after its first full

28         year of operation and propose revisions to the

29         charter for consideration by the district

30         school board; requiring that the Department of

31         Education conduct an annual survey of the

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 1         governing boards of charter schools and report

 2         the results to the State Board of Education;

 3         revising application requirements; prohibiting

 4         a sponsor from approving an application unless

 5         it meets the requirements of the State Board of

 6         Education; requiring that the district school

 7         board notify the Department of Education of a

 8         denial of a charter application; deleting

 9         provisions providing for the review of certain

10         disputes by the Charter School Appeal

11         Commission; requiring that the department offer

12         or arrange for training and technical

13         assistance for applicants; decreasing the

14         period provided for an applicant and sponsor to

15         agree on the provisions of the charter;

16         providing requirements for mediation; providing

17         requirements for the application for a charter

18         school; revising provisions specifying issues

19         for inclusion in a charter; providing duties of

20         the governing board of a charter school with

21         respect to an annual financial audit and

22         monitoring compliance with a corrective-action

23         plan; specifying circumstances under which the

24         sponsor is required to not renew or to

25         terminate the charter; providing requirements

26         for the sponsor if the charter is terminated;

27         requiring applicants for a charter school to

28         register with the Department of Education;

29         requiring that the department maintain certain

30         information concerning charter schools;

31         requiring the department to develop an annual

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 1         financial report for use by charter schools,

 2         along with guidelines; providing reporting and

 3         monitoring requirements for the governing body

 4         of a charter school; providing membership

 5         requirements for the governing board of a

 6         charter school; providing qualifications;

 7         providing quorum requirements; prohibiting

 8         conflicts of interest; providing for terms of

 9         office; requiring a minimum of quarterly

10         meetings; authorizing the State Board of

11         Education to adopt rules and enforce the

12         provisions governing charter schools; requiring

13         that the department provide or arrange for the

14         provision of specified assistance to potential

15         applicants, sponsors, charter schools, and

16         school district personnel; deleting provisions

17         establishing the Charter School Review Panel;

18         requiring the department to develop

19         financial-management indicators for use by

20         sponsors; requiring the department to include

21         information concerning schools at risk in an

22         annual report; amending s. 1011.68, F.S.;

23         providing that an isolated student who attends

24         a charter school governed by a community

25         college generates school transportation funding

26         according to a specified formula; authorizing a

27         community college board of trustees to pay for

28         transportation of students in private passenger

29         cars under certain circumstances; providing an

30         effective date.

31  

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 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  Subsection (5) of section 218.39, Florida

 4  Statutes, is amended to read:

 5         218.39  Annual financial audit reports.--

 6         (5)  At the conclusion of the audit, the auditor shall

 7  discuss with the chair of each local governmental entity or

 8  the chair's designee, or with the elected official of each

 9  county agency or with the elected official's designee, or with

10  the chair of the district school board or the chair's

11  designee, or with the chair of the board of the charter school

12  or the chair's designee, or with the chair of the charter

13  technical career center or the chair's designee, as

14  appropriate, all of the auditor's comments that will be

15  included in the audit report.  If the officer is not available

16  to discuss the auditor's comments, their discussion is

17  presumed when the comments are delivered in writing to his or

18  her office. The auditor shall notify each member of the

19  governing body of a local governmental entity, or district

20  school board, or charter school for which deteriorating

21  financial conditions exist that may cause a condition

22  described in s. 218.503(1) to occur if actions are not taken

23  to address such conditions.

24         Section 2.  Section 218.50, Florida Statutes, is

25  amended to read:

26         218.50  Short title.--Sections 218.50-218.504 may be

27  cited as the "Local Governmental Entity, Charter School, and

28  District School Board Financial Emergencies Act."

29         Section 3.  Section 218.501, Florida Statutes, is

30  amended to read:

31  

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 1         218.501  Purposes.--The purposes of ss. 218.50-218.504

 2  are:

 3         (1)  To promote the fiscal responsibility of local

 4  governmental entities, charter schools, and district school

 5  boards.

 6         (2)  To assist local governmental entities, charter

 7  schools, and district school boards in providing essential

 8  services without interruption and in meeting their financial

 9  obligations.

10         (3)  To assist local governmental entities, charter

11  schools, and district school boards through the improvement of

12  local financial management procedures.

13         Section 4.  Section 218.503, Florida Statutes, is

14  amended to read:

15         218.503  Determination of financial emergency.--

16         (1)  Local governmental entities, charter schools, and

17  district school boards shall be subject to review and

18  oversight by the Governor, charter school sponsor, or the

19  Commissioner of Education, as appropriate, when any one of the

20  following conditions occurs:

21         (a)  Failure within the same fiscal year in which due

22  to pay short-term loans or failure to make bond debt service

23  or other long-term debt payments when due, as a result of a

24  lack of funds.

25         (b)  Failure to pay uncontested claims from creditors

26  within 90 days after the claim is presented, as a result of a

27  lack of funds.

28         (c)  Failure to transfer at the appropriate time, due

29  to lack of funds:

30         1.  Taxes withheld on the income of employees; or

31         2.  Employer and employee contributions for:

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 1         a.  Federal social security; or

 2         b.  Any pension, retirement, or benefit plan of an

 3  employee.

 4         (d)  Failure for one pay period to pay, due to lack of

 5  funds:

 6         1.  Wages and salaries owed to employees; or

 7         2.  Retirement benefits owed to former employees.

 8         (e)  An unreserved or total fund balance or retained

 9  earnings deficit, or unrestricted or total net assets deficit,

10  as reported on the balance sheet or statement of net assets on

11  the general purpose or fund financial statements, for which

12  sufficient resources of the local governmental entity, as

13  reported on the balance sheet or statement of net assets on

14  the general purpose or fund financial statements, are not

15  available to cover the deficit. Resources available to cover

16  reported deficits include net assets that are not otherwise

17  restricted by federal, state, or local laws, bond covenants,

18  contractual agreements, or other legal constraints. Fixed or

19  capital assets, the disposal of which would impair the ability

20  of a local governmental entity to carry out its functions, are

21  not considered resources available to cover reported deficits.

22         (2)  A local governmental entity shall notify the

23  Governor and the Legislative Auditing Committee, a charter

24  school shall notify the charter school sponsor and the

25  Legislative Auditing Committee, and a district school board

26  shall notify the Commissioner of Education and the Legislative

27  Auditing Committee, when one or more of the conditions

28  specified in subsection (1) have occurred or will occur if

29  action is not taken to assist the local governmental entity,

30  charter school, or district school board. In addition, any

31  state agency must, within 30 days after a determination that

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 1  one or more of the conditions specified in subsection (1) have

 2  occurred or will occur if action is not taken to assist the

 3  local governmental entity, charter school, or district school

 4  board, notify the Governor, charter school sponsor, or the

 5  Commissioner of Education, as appropriate, and the Legislative

 6  Auditing Committee.

 7         (3)  Upon notification that one or more of the

 8  conditions in subsection (1) exist, the Governor or his or her

 9  designee shall contact the local governmental entity or the

10  Commissioner of Education or his or her designee shall contact

11  the district school board to determine what actions have been

12  taken by the local governmental entity or the district school

13  board to resolve the condition. The Governor or the

14  Commissioner of Education, as appropriate, shall determine

15  whether the local governmental entity or the district school

16  board needs state assistance to resolve the condition. If

17  state assistance is needed, the local governmental entity or

18  district school board is considered to be in a state of

19  financial emergency. The Governor or the Commissioner of

20  Education, as appropriate, has the authority to implement

21  measures as set forth in ss. 218.50-218.504 to assist the

22  local governmental entity or district school board in

23  resolving the financial emergency. Such measures may include,

24  but are not limited to:

25         (a)  Requiring approval of the local governmental

26  entity's budget by the Governor or approval of the district

27  school board's budget by the Commissioner of Education.

28         (b)  Authorizing a state loan to a local governmental

29  entity and providing for repayment of same.

30         (c)  Prohibiting a local governmental entity or

31  district school board from issuing bonds, notes, certificates

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 1  of indebtedness, or any other form of debt until such time as

 2  it is no longer subject to this section.

 3         (d)  Making such inspections and reviews of records,

 4  information, reports, and assets of the local governmental

 5  entity or district school board. The appropriate local

 6  officials shall cooperate in such inspections and reviews.

 7         (e)  Consulting with officials and auditors of the

 8  local governmental entity or the district school board and the

 9  appropriate state officials regarding any steps necessary to

10  bring the books of account, accounting systems, financial

11  procedures, and reports into compliance with state

12  requirements.

13         (f)  Providing technical assistance to the local

14  governmental entity or the district school board.

15         (g)1.  Establishing a financial emergency board to

16  oversee the activities of the local governmental entity or the

17  district school board. If a financial emergency board is

18  established for a local governmental entity, the Governor

19  shall appoint board members and select a chair. If a financial

20  emergency board is established for a district school board,

21  the State Board of Education shall appoint board members and

22  select a chair. The financial emergency board shall adopt such

23  rules as are necessary for conducting board business. The

24  board may:

25         a.  Make such reviews of records, reports, and assets

26  of the local governmental entity or the district school board

27  as are needed.

28         b.  Consult with officials and auditors of the local

29  governmental entity or the district school board and the

30  appropriate state officials regarding any steps necessary to

31  bring the books of account, accounting systems, financial

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 1  procedures, and reports of the local governmental entity or

 2  the district school board into compliance with state

 3  requirements.

 4         c.  Review the operations, management, efficiency,

 5  productivity, and financing of functions and operations of the

 6  local governmental entity or the district school board.

 7         2.  The recommendations and reports made by the

 8  financial emergency board must be submitted to the Governor

 9  for local governmental entities or to the Commissioner of

10  Education and the State Board of Education for district school

11  boards for appropriate action.

12         (h)  Requiring and approving a plan, to be prepared by

13  officials of the local governmental entity or the district

14  school board in consultation with the appropriate state

15  officials, prescribing actions that will cause the local

16  governmental entity or district school board to no longer be

17  subject to this section. The plan must include, but need not

18  be limited to:

19         1.  Provision for payment in full of obligations

20  outlined in subsection (1), designated as priority items, that

21  are currently due or will come due.

22         2.  Establishment of priority budgeting or zero-based

23  budgeting in order to eliminate items that are not affordable.

24         3.  The prohibition of a level of operations which can

25  be sustained only with nonrecurring revenues.

26         (4)  Upon notification that one or more of the

27  conditions in subsection (1) exist, the charter school sponsor

28  or the sponsor's designee shall contact the charter school

29  governing board to determine what actions have been taken by

30  the charter school governing board to resolve the condition.

31  The charter school sponsor has the authority to require and

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 1  approve a financial-recovery plan, to be prepared by the

 2  charter school governing board, prescribing actions that will

 3  cause the charter school to no longer be subject to this

 4  section. The Department of Education must establish guidelines

 5  for developing such plans.

 6         (5)(4)  A local governmental entity or district school

 7  board may not seek application of laws under the bankruptcy

 8  provisions of the United States Constitution except with the

 9  prior approval of the Governor for local governmental entities

10  or the Commissioner of Education for district school boards.

11         (6)(5)(a)  The governing authority of any municipality

12  having a resident population of 300,000 or more on or after

13  April 1, 1999, which has been declared in a state of financial

14  emergency pursuant to this section may impose a discretionary

15  per-vehicle surcharge of up to 20 percent on the gross

16  revenues of the sale, lease, or rental of space at parking

17  facilities within the municipality which are open for use to

18  the general public.

19         (b)  A municipal governing authority that imposes the

20  surcharge authorized by this subsection may use the proceeds

21  of such surcharge for the following purposes only:

22         1.  No less than 60 percent and no more than 80 percent

23  of the surcharge proceeds shall be used by the governing

24  authority to reduce its ad valorem tax millage rate or to

25  reduce or eliminate non-ad valorem assessments.

26         2.  A portion of the balance of the surcharge proceeds

27  shall be used by the governing authority to increase its

28  budget reserves; however, the governing authority shall not

29  reduce the amount it allocates for budget reserves from other

30  sources below the amount allocated for reserves in the fiscal

31  year prior to the year in which the surcharge is initially

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 1  imposed. When a 15-percent budget reserve is achieved, based

 2  on the average gross revenue for the most recent 3 prior

 3  fiscal years, the remaining proceeds from this subparagraph

 4  shall be used for the payment of annual debt service related

 5  to outstanding obligations backed or secured by a covenant to

 6  budget and appropriate from non-ad valorem revenues.

 7         (c)  This subsection expires June 30, 2006.

 8         Section 5.  Paragraph (c) of subsection (9) of section

 9  1002.32, Florida Statutes, is amended to read:

10         1002.32  Developmental research (laboratory) schools.--

11         (9)  FUNDING.--Funding for a lab school, including a

12  charter lab school, shall be provided as follows:

13         (c)  All operating funds provided under this section

14  shall be deposited in a Lab School Trust Fund and shall be

15  expended for the purposes of this section. The university

16  assigned a lab school or charter lab school shall be the

17  fiscal agent for these funds, and all rules of the university

18  governing the budgeting and expenditure of state funds shall

19  apply to these funds unless otherwise provided by law or rule

20  of the State Board of Education. The university board of

21  trustees shall be the public employer of lab school personnel

22  for collective bargaining purposes for lab schools in

23  operation prior to the 2002-2003 fiscal year. Employees of

24  charter lab schools authorized prior to June 1, 2003, but not

25  in operation prior to the 2002-2003 fiscal year shall be

26  employees of the entity holding the charter and must comply

27  with the provisions of s. 1002.33(12). Lab schools are not

28  subject to the payment of overhead or indirect costs as

29  described in s. 216.346.

30         Section 6.  Section 1002.33, Florida Statutes, is

31  amended to read:

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 1         1002.33  Charter schools.--

 2         (1)  AUTHORIZATION.--Charter schools shall be part of

 3  the state's program of public education. All charter schools

 4  in Florida are public schools. A charter school may be formed

 5  by creating a new school or converting an existing public

 6  school to charter status. A public school may not use the term

 7  charter in its name unless it has been approved under this

 8  section.

 9         (2)  GUIDING PRINCIPLES; PURPOSE.--

10         (a)  Charter schools in Florida shall be guided by the

11  following principles:

12         1.  Meet high standards of student achievement while

13  providing parents flexibility to choose among diverse

14  educational opportunities within the state's public school

15  system.

16         2.  Promote enhanced academic success and financial

17  efficiency by aligning responsibility with accountability.

18         3.  Provide parents with sufficient information on

19  whether their child is reading at grade level and whether the

20  child gains at least a year's worth of learning for every year

21  spent in the charter school.

22         (b)  Charter schools shall fulfill the following

23  purposes:

24         1.  Improve student learning and academic achievement.

25         2.  Increase learning opportunities for all students,

26  with special emphasis on low-performing students and reading.

27         3.  Create new professional opportunities for teachers,

28  including ownership of the learning program at the school

29  site.

30         4.  Encourage the use of innovative learning methods.

31         5.  Require the measurement of learning outcomes.

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 1         (c)  Charter schools may fulfill the following

 2  purposes:

 3         1.  Create innovative measurement tools.

 4         2.  Provide rigorous competition within the public

 5  school district to stimulate continual improvement in all

 6  public schools.

 7         3.  Expand the capacity of the public school system.

 8         4.  Mitigate the educational impact created by the

 9  development of new residential dwelling units.

10         (3)  APPLICATION FOR CHARTER STATUS.--

11         (a)  An application for a new charter school may be

12  made by an individual, teachers, parents, a group of

13  individuals, a municipality, or a legal entity organized under

14  the laws of this state.

15         (b)  An application for a conversion charter school

16  shall be made by the district school board, the principal,

17  teachers, parents, and/or the school advisory council at an

18  existing public school that has been in operation for at least

19  2 years prior to the application to convert, including a

20  public school-within-a-school that is designated as a school

21  by the district school board. An application submitted

22  proposing to convert an existing public school to a charter

23  school shall demonstrate the support of at least 50 percent of

24  the teachers employed at the school and 50 percent of the

25  parents voting whose children are enrolled at the school,

26  provided that a majority of the parents eligible to vote

27  participate in the ballot process, according to rules adopted

28  by the State Board of Education. A district school board

29  denying an application for a conversion charter school shall

30  provide notice of denial to the applicants in writing within

31  30 days after the meeting at which the district school board

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 1  denied the application. The notice must specify the exact

 2  reasons for denial and must provide documentation supporting

 3  those reasons. A private school, parochial school, or home

 4  education program shall not be eligible for charter school

 5  status.

 6         (4)  UNLAWFUL REPRISAL.--

 7         (a)  No district school board, or district school board

 8  employee who has control over personnel actions, shall take

 9  unlawful reprisal against another district school board

10  employee because that employee is either directly or

11  indirectly involved with an application to establish a charter

12  school. As used in this subsection, the term "unlawful

13  reprisal" means an action taken by a district school board or

14  a school system employee against an employee who is directly

15  or indirectly involved in a lawful application to establish a

16  charter school, which occurs as a direct result of that

17  involvement, and which results in one or more of the

18  following: disciplinary or corrective action; adverse transfer

19  or reassignment, whether temporary or permanent; suspension,

20  demotion, or dismissal; an unfavorable performance evaluation;

21  a reduction in pay, benefits, or rewards; elimination of the

22  employee's position absent of a reduction in workforce as a

23  result of lack of moneys or work; or other adverse significant

24  changes in duties or responsibilities that are inconsistent

25  with the employee's salary or employment classification. The

26  following procedures shall apply to an alleged unlawful

27  reprisal that occurs as a consequence of an employee's direct

28  or indirect involvement with an application to establish a

29  charter school:

30         1.  Within 60 days after the date upon which a reprisal

31  prohibited by this subsection is alleged to have occurred, an

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 1  employee may file a complaint with the Department of

 2  Education.

 3         2.  Within 3 working days after receiving a complaint

 4  under this section, the Department of Education shall

 5  acknowledge receipt of the complaint and provide copies of the

 6  complaint and any other relevant preliminary information

 7  available to each of the other parties named in the complaint,

 8  which parties shall each acknowledge receipt of such copies to

 9  the complainant.

10         3.  If the Department of Education determines that the

11  complaint demonstrates reasonable cause to suspect that an

12  unlawful reprisal has occurred, the Department of Education

13  shall conduct an investigation to produce a fact-finding

14  report.

15         4.  Within 90 days after receiving the complaint, the

16  Department of Education shall provide the district school

17  superintendent of the complainant's district and the

18  complainant with a fact-finding report that may include

19  recommendations to the parties or a proposed resolution of the

20  complaint. The fact-finding report shall be presumed

21  admissible in any subsequent or related administrative or

22  judicial review.

23         5.  If the Department of Education determines that

24  reasonable grounds exist to believe that an unlawful reprisal

25  has occurred, is occurring, or is to be taken, and is unable

26  to conciliate a complaint within 60 days after receipt of the

27  fact-finding report, the Department of Education shall

28  terminate the investigation. Upon termination of any

29  investigation, the Department of Education shall notify the

30  complainant and the district school superintendent of the

31  termination of the investigation, providing a summary of

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 1  relevant facts found during the investigation and the reasons

 2  for terminating the investigation. A written statement under

 3  this paragraph is presumed admissible as evidence in any

 4  judicial or administrative proceeding.

 5         6.  The Department of Education shall either contract

 6  with the Division of Administrative Hearings under s. 120.65,

 7  or otherwise provide for a complaint for which the Department

 8  of Education determines reasonable grounds exist to believe

 9  that an unlawful reprisal has occurred, is occurring, or is to

10  be taken, and is unable to conciliate, to be heard by a panel

11  of impartial persons. Upon hearing the complaint, the panel

12  shall make findings of fact and conclusions of law for a final

13  decision by the Department of Education.

14  

15  It shall be an affirmative defense to any action brought

16  pursuant to this section that the adverse action was

17  predicated upon grounds other than, and would have been taken

18  absent, the employee's exercise of rights protected by this

19  section.

20         (b)  In any action brought under this section for which

21  it is determined reasonable grounds exist to believe that an

22  unlawful reprisal has occurred, is occurring, or is to be

23  taken, the relief shall include the following:

24         1.  Reinstatement of the employee to the same position

25  held before the unlawful reprisal was commenced, or to an

26  equivalent position, or payment of reasonable front pay as

27  alternative relief.

28         2.  Reinstatement of the employee's full fringe

29  benefits and seniority rights, as appropriate.

30  

31  

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 1         3.  Compensation, if appropriate, for lost wages,

 2  benefits, or other lost remuneration caused by the unlawful

 3  reprisal.

 4         4.  Payment of reasonable costs, including attorney's

 5  fees, to a substantially prevailing employee, or to the

 6  prevailing employer if the employee filed a frivolous action

 7  in bad faith.

 8         5.  Issuance of an injunction, if appropriate, by a

 9  court of competent jurisdiction.

10         6.  Temporary reinstatement to the employee's former

11  position or to an equivalent position, pending the final

12  outcome of the complaint, if it is determined that the action

13  was not made in bad faith or for a wrongful purpose, and did

14  not occur after a district school board's initiation of a

15  personnel action against the employee that includes

16  documentation of the employee's violation of a disciplinary

17  standard or performance deficiency.

18         (5)  SPONSOR; DUTIES.--

19         (a)  Sponsoring entities.--

20         1.  A district school board may sponsor a charter

21  school in the county over which the district school board has

22  jurisdiction.

23         2.  A state university may grant a charter to a lab

24  school created under s. 1002.32 and shall be considered to be

25  the school's sponsor. Such school shall be considered a

26  charter lab school.

27         3.  Each sponsor, at a minimum, must have the following

28  quality policies and procedures for charter school sponsorship

29  in place by July 1, 2005:

30  

31  

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 1         a.  An organizational structure and committed human and

 2  financial resources necessary for conducting its sponsorship

 3  duties efficiently;

 4         b.  A comprehensive application process that follows

 5  fair procedures and rigorous criteria and grants a charter

 6  only to those developers who demonstrate a strong capacity for

 7  establishing and operating a quality charter school;

 8         c.  A process in place to negotiate contracts with

 9  charter schools which clearly articulates the rights and

10  responsibilities of each party regarding school autonomy,

11  expected outcomes, measures for evaluating success or failure,

12  performance consequences, and other material terms;

13         d.  A process for efficient and effective contract

14  oversight which evaluates performance, monitors compliance,

15  informs intervention and renewal decisions, and ensures that

16  autonomy is provided under applicable law; and

17         e.  A transparent and rigorous process that uses

18  comprehensive data to make merit-based decisions.

19         (b)  Sponsor duties.--

20         1.  It is the obligation of the sponsor to participate

21  in the application and review and approval process of a

22  charter contract with good faith effort, fairness, due

23  diligence, and quality in order to further the establishment

24  and future operations of quality charter schools. Quality

25  charter schools provide parents with another option for public

26  school choice which best meets the needs of their child; thus

27  there is the likelihood of increased student achievement. The

28  sponsor shall monitor and review the charter school in its

29  progress toward meeting the terms of its application and

30  charter as defined in subsection (6) the goals established in

31  the charter.

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 1         2.  Beginning with the 2005-2006 school year, at a

 2  minimum, the sponsor shall conduct an annual review by July 1

 3  of each year to ascertain whether the terms of the contract

 4  are being met. The sponsor shall notify in writing, by July

 5  15, the charter school board of trustees and the director of

 6  the results of the review for each contract component. The

 7  sponsor shall specifically notify the board and the director

 8  of any potential issues that may jeopardize the future renewal

 9  of the charter, specifically identify contract issues, and

10  recommend strategies for corrective action by the school to

11  resolve the issues. The sponsor shall also certify to the

12  State Board of Education annually whether the charter school

13  is meeting the performance expectations established in its

14  charter.

15         3.  The director and a representative of the governing

16  board of a charter school graded "D" or "F" shall appear

17  before the sponsor at a formal school board meeting or state

18  university trustee board meeting at least twice a year to

19  present information concerning each contract component having

20  noted deficiencies and to address corrective strategies that

21  are being implemented by the school. The sponsor shall

22  communicate at the meeting, and in writing to the director,

23  the services provided to the school to help the school address

24  its deficiencies.

25         4.  The chief executive officer of the sponsoring

26  entity must certify in writing to its governing board that a

27  quality, fair, and judicious review of the application and

28  charter was conducted. The sponsoring entity must consider the

29  certification of a quality review in its proceedings to

30  approve, amend, or deny an application or charter. The chief

31  executive officer must include the following components in the

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 1  certification demonstrating that a quality, fair, and

 2  judicious review was completed regarding:

 3         a.  A 5-year financial plan that contains anticipated

 4  fund balances based on revenue projections and sources, a

 5  spending plan based on projected revenues and expenses, and a

 6  description of controls that will safeguard finances and

 7  projected enrollment trends. The plan must be an accurate and

 8  detailed description of the school's proposed budget and

 9  fiscal plan.

10         b.  A detailed curriculum plan that illustrates how

11  students will be provided services to attain the Sunshine

12  State Standards. The plan must include the focus of the

13  curriculum, the instructional methods to be used, any

14  distinctive instructional techniques to be employed, and an

15  identification and acquisition of appropriate technologies

16  needed to improve educational and administrative performance,

17  including a means for promoting safe, ethical, and appropriate

18  uses of technology which comply with legal and professional

19  standards. The curriculum and instructional strategies for

20  reading must be consistent with the Sunshine State Standards

21  and grounded in scientifically based reading research.

22         c.  The inclusion of goals and objectives for improving

23  student learning and measuring that improvement. These goals

24  and objectives must indicate the degree of academic

25  improvement students are expected to show each year, how

26  success will be evaluated, and the specific results to be

27  attained through instruction.

28         d.  A plan to ensure that reading is a primary focus of

29  the curriculum and that resources are provided to identify and

30  provide specialized instruction for students who are reading

31  below grade level. The plan must describe the reading

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 1  curriculum and differentiated strategies that will be used for

 2  students reading at grade level or higher and a separate

 3  curriculum and strategies for students who are reading below

 4  grade level. A sponsor shall deny a charter if the school does

 5  not propose a reading curriculum that is consistent with

 6  effective teaching strategies that are grounded in

 7  scientifically based reading research.

 8         e.  The methods used to identify the educational

 9  strengths and needs of students and how well educational goals

10  and performance standards are met by students attending the

11  charter school. The methods must include a means by which the

12  charter school can ensure accountability to its constituents

13  by analyzing student performance data and by evaluating the

14  effectiveness and efficiency of its major educational

15  programs. Students in charter schools shall, at a minimum,

16  participate in the statewide assessment program created under

17  s. 1008.22.

18         5.  After a newly opened charter school completes a

19  full school year of operation, it must review the projected

20  outcomes of achievement in its charter and propose revisions

21  if the student population is significantly different than

22  anticipated in its original charter. The district school board

23  must consider the school's proposal to revise the charter.

24         6.2.  The sponsor shall monitor at least on a quarterly

25  basis the revenues and expenditures of the charter school.

26         7.3.  The sponsor may approve a charter for a charter

27  school before the applicant has secured space, equipment, or

28  personnel, if the applicant indicates approval is necessary

29  for it to raise working capital.

30  

31  

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 1         8.4.  The sponsor's policies shall not apply to a

 2  charter school other than those policies promulgated

 3  specifically for charter schools.

 4         9.5.  The sponsor shall ensure that the charter is

 5  innovative and consistent with the state education goals

 6  established by s. 1008.31(3)(c) s. 1000.03(5).

 7         10.6.  The sponsor shall ensure that the charter school

 8  participates in the state's education accountability system.

 9  If a charter school falls short of performance measures

10  included in the approved charter, the sponsor shall report

11  such shortcomings to the Department of Education.

12         11.  The sponsor of a charter school shall provide

13  assistance in scheduling fire code inspections upon the

14  request of the charter school.

15  

16  A community college may work with the school district or

17  school districts in its designated service area to develop

18  charter schools that offer secondary education. These charter

19  schools must include an option for students to receive an

20  associate degree upon high school graduation. District school

21  boards shall cooperate with and assist the community college

22  on the charter application. Community college applications for

23  charter schools are not subject to the time deadlines outlined

24  in subsection (6) and may be approved by the district school

25  board at any time during the year. Community colleges shall

26  not report FTE for any students who receive FTE funding

27  through the Florida Education Finance Program.

28         (c)  Annual survey.--The Department of Education shall

29  conduct an annual survey of charter school governing boards to

30  determine the boards' satisfaction with the services received

31  from their sponsors and the Department of Education. The

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 1  survey results shall be reported to the State Board of

 2  Education, which may recommend action for sponsors having an

 3  inordinate number of complaints or sponsors that have been

 4  determined not to have fulfilled their responsibilities as

 5  described in this section.

 6         (6)  APPLICATION PROCESS AND REVIEW.--Beginning

 7  September 1, 2003, applications are subject to the following

 8  requirements:

 9         (a)  A person or entity wishing to open a charter

10  school shall prepare an application that:

11         1.  Demonstrates how the school will use the guiding

12  principles and meet the statutorily defined purpose of a

13  charter school.

14         2.  Provides a detailed curriculum plan that

15  illustrates how students will be provided services to attain

16  the Sunshine State Standards.

17         3.  Contains goals and objectives for improving student

18  learning and measuring that improvement. These goals and

19  objectives must indicate how much academic improvement

20  students are expected to show each year, how success will be

21  evaluated, and the specific results to be attained through

22  instruction.

23         4.  Describes the reading curriculum and differentiated

24  strategies that will be used for students reading at grade

25  level or higher and a separate curriculum and strategies for

26  students who are reading below grade level. A sponsor shall

27  deny a charter if the school does not propose a reading

28  curriculum that is consistent with effective teaching

29  strategies that are grounded in scientifically based reading

30  research.

31  

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 1         5.  Contains an annual financial plan for each year

 2  requested by the charter for operation of the school for up to

 3  5 years. This plan must contain anticipated fund balances

 4  based on revenue projections, a spending plan based on

 5  projected revenues and expenses, and a description of controls

 6  that will safeguard finances and projected enrollment trends.

 7         (a)(b)  A district school board shall receive and

 8  review all applications for a charter school. A district

 9  school board shall receive and consider charter school

10  applications received on or before September 1 of each

11  calendar year for charter schools to be opened at the

12  beginning of the school district's next school year, or to be

13  opened at a time agreed to by the applicant and the district

14  school board. A district school board may receive applications

15  later than this date if it chooses. A sponsor may not charge

16  an applicant for a charter any fee for the processing or

17  consideration of an application, and a sponsor may not base

18  its consideration or approval of an application upon the

19  promise of future payment of any kind. A sponsor may not

20  approve an application unless the application meets the

21  specifications and criteria established by rule of the State

22  Board of Education. Such rule shall require that the

23  application include a section that reflects an understanding

24  between the charter school and the sponsor concerning the

25  facility codes and requirements chosen by the charter school

26  for compliance pursuant to paragraph (18)(a) and concerning

27  the regulatory fire code references. A copy of this section of

28  the approved application shall be provided to the local fire

29  marshal, who shall acknowledge receipt at the time of each

30  scheduled fire inspection of the charter school. Pursuant to

31  s. 633.025(6), a decision of the local fire official may be

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 1  appealed to the local administrative board described in s.

 2  553.73.

 3         1.  In order to facilitate an accurate budget

 4  projection process, a district school board shall be held

 5  harmless for FTE students who are not included in the FTE

 6  projection due to approval of charter school applications

 7  after the FTE projection deadline. In a further effort to

 8  facilitate an accurate budget projection, within 15 calendar

 9  days after receipt of a charter school application, a district

10  school board or other sponsor shall report to the Department

11  of Education the name of the applicant entity, the proposed

12  charter school location, and its projected FTE.

13         2.  In order to ensure fiscal responsibility, an

14  application for a charter school shall include a full

15  accounting of expected assets, a projection of expected

16  sources and amounts of income, including income derived from

17  projected student enrollments and from community support, and

18  an expense projection that includes full accounting of the

19  costs of operation, including start-up costs.

20         2.3.  A district school board shall by a majority vote

21  approve or deny an application no later than 60 calendar days

22  after the application is received, unless the district school

23  board and the applicant mutually agree to temporarily postpone

24  the vote to a specific date, at which time the district school

25  board shall by a majority vote approve or deny the

26  application. If the district school board fails to act on the

27  application, an applicant may appeal to the State Board of

28  Education as provided in paragraph (c). If an application is

29  denied, the district school board shall, within 10 calendar

30  days, articulate in writing the specific reasons based upon

31  good cause supporting its denial of the charter application

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 1  and shall by letter notify the applicant as well as the

 2  Department of Education of the specific reasons.

 3         3.4.  For budget projection purposes, the district

 4  school board or other sponsor shall report to the Department

 5  of Education the approval or denial of a charter application

 6  within 10 calendar days after such approval or denial. In the

 7  event of approval, the report to the Department of Education

 8  shall include the final projected FTE for the approved charter

 9  school.

10         4.5.  Upon approval of a charter application, the

11  initial startup shall commence with the beginning of the

12  public school calendar for the district in which the charter

13  is granted unless the district school board allows a waiver of

14  this provision for good cause.

15         (b)(c)  An applicant may appeal any denial of that

16  applicant's application or failure to act on an application to

17  the State Board of Education no later than 30 calendar days

18  after receipt of the district school board's decision or

19  failure to act and shall notify the district school board of

20  its appeal. Any response of the district school board shall be

21  submitted to the State Board of Education within 30 calendar

22  days after notification of the appeal. Upon receipt of

23  notification from the State Board of Education that a charter

24  school applicant is filing an appeal, the Commissioner of

25  Education shall convene a meeting of the Charter School Appeal

26  Commission to study and make recommendations to the State

27  Board of Education regarding its pending decision about the

28  appeal. The commission shall forward its recommendation to the

29  state board no later than 7 calendar days prior to the date on

30  which the appeal is to be heard. The State Board of Education

31  shall by majority vote accept or reject the decision of the

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 1  district school board no later than 90 calendar days after an

 2  appeal is filed in accordance with State Board of Education

 3  rule. The Charter School Appeal Commission may reject an

 4  appeal submission for failure to comply with procedural rules

 5  governing the appeals process. The rejection shall describe

 6  the submission errors. The appellant may have up to 15

 7  calendar days from notice of rejection to resubmit an appeal

 8  that meets requirements of State Board of Education rule. An

 9  application for appeal submitted subsequent to such rejection

10  shall be considered timely if the original appeal was filed

11  within 30 calendar days after receipt of notice of the

12  specific reasons for the district school board's denial of the

13  charter application. The State Board of Education shall remand

14  the application to the district school board with its written

15  decision that the district school board approve or deny the

16  application. The district school board shall implement the

17  decision of the State Board of Education. The decision of the

18  State Board of Education is not subject to the provisions of

19  the Administrative Procedure Act, chapter 120.

20         (c)(d)  The district school board shall act upon the

21  decision of the State Board of Education within 30 calendar

22  days after it is received. The State Board of Education's

23  decision is a final action subject to judicial review in the

24  district court of appeal.

25         (d)(e)1.  A Charter School Appeal Commission is

26  established to assist the commissioner and the State Board of

27  Education with a fair and impartial review of appeals by

28  applicants whose charter applications have been denied or,

29  whose charter contracts have not been renewed or have been

30  terminated by their sponsors, or whose disputes over contract

31  negotiations have not been resolved through mediation.

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 1         2.  The Charter School Appeal Commission may receive

 2  copies of the appeal documents forwarded to the State Board of

 3  Education, review the documents, gather other applicable

 4  information regarding the appeal, and make a written

 5  recommendation to the commissioner. The recommendation must

 6  state whether the appeal should be upheld or denied and

 7  include the reasons for the recommendation being offered. The

 8  commissioner shall forward the recommendation to the State

 9  Board of Education no later than 7 calendar days prior to the

10  date on which the appeal is to be heard. The state board must

11  consider the commission's recommendation in making its

12  decision, but is not bound by the recommendation. The decision

13  of the Charter School Appeal Commission is not subject to the

14  provisions of the Administrative Procedure Act, chapter 120.

15         3.  The commissioner shall appoint the members of the

16  Charter School Appeal Commission. Members shall serve without

17  compensation but may be reimbursed for travel and per diem

18  expenses in conjunction with their service. One-half of the

19  members must represent currently operating charter schools,

20  and one-half of the members must represent school districts.

21  The commissioner or a named designee shall chair the Charter

22  School Appeal Commission.

23         4.  The chair shall convene meetings of the commission

24  and shall ensure that the written recommendations are

25  completed and forwarded in a timely manner. In cases where the

26  commission cannot reach a decision, the chair shall make the

27  written recommendation with justification, noting that the

28  decision was rendered by the chair.

29         5.  Commission members shall thoroughly review the

30  materials presented to them from the appellant and the

31  sponsor. The commission may request information to clarify the

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 1  documentation presented to it. In the course of its review,

 2  the commission may facilitate the postponement of an appeal in

 3  those cases where additional time and communication may negate

 4  the need for a formal appeal and both parties agree, in

 5  writing, to postpone the appeal to the State Board of

 6  Education. A new date certain for the appeal shall then be set

 7  based upon the rules and procedures of the State Board of

 8  Education. Commission members shall provide a written

 9  recommendation to the state board as to whether the appeal

10  should be upheld or denied. A fact-based justification for the

11  recommendation must be included. The chair must ensure that

12  the written recommendation is submitted to the State Board of

13  Education members no later than 7 calendar days prior to the

14  date on which the appeal is to be heard. Both parties in the

15  case shall also be provided a copy of the recommendation.

16         (e)(f)  The Department of Education must offer or

17  arrange for training and technical assistance to charter

18  school applicants in developing business plans and estimating

19  costs and income. This assistance must address estimating

20  start-up costs, projecting enrollment, and identifying the

21  types and amounts of state and federal financial assistance

22  the charter school will be eligible to receive. The Department

23  of Education may provide other technical assistance to an

24  applicant upon written request.

25         (f)(g)  In considering charter applications for a lab

26  school, a state university shall consult with the district

27  school board of the county in which the lab school is located.

28  The decision of a state university may be appealed pursuant to

29  the procedure established in this subsection.

30         (g)(h)  The terms and conditions for the operation of a

31  charter school shall be set forth by the sponsor and the

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 1  applicant in a written contractual agreement, called a

 2  charter. The sponsor shall not impose unreasonable rules or

 3  regulations that violate the intent of giving charter schools

 4  greater flexibility to meet educational goals. The applicant

 5  and sponsor shall have 90 days 6 months in which to mutually

 6  agree to the provisions of the charter. The Department of

 7  Education shall provide mediation services for any dispute

 8  regarding this section subsequent to the approval of a charter

 9  application and for any dispute relating to the approved

10  charter, except disputes regarding charter school application

11  denials. The department shall notify the parties that a

12  request for mediation has been received within 10 working

13  days, schedule and commence mediation within 60 days following

14  the date the request is submitted to the department, and

15  establish whether mediation has been successful within 60 days

16  following conclusion of the mediation. If the Commissioner of

17  Education determines that the dispute cannot be settled

18  through mediation, the dispute may be appealed to an

19  administrative law judge appointed by the Division of

20  Administrative Hearings. The administrative law judge may rule

21  on issues of equitable treatment of the charter school as a

22  public school, whether proposed provisions of the charter

23  violate the intended flexibility granted charter schools by

24  statute, or on any other matter regarding this section except

25  a charter school application denial, and shall award the

26  prevailing party reasonable attorney's fees and costs incurred

27  to be paid by the losing party. The costs of the

28  administrative hearing shall be paid by the party whom the

29  administrative law judge rules against.

30         (7)  CHARTER.--The major issues involving the operation

31  of a charter school shall be considered in advance and

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 1  included in the application for a charter school as required

 2  by this section and written into the charter. The charter

 3  shall be signed by the governing body of the charter school

 4  and the sponsor, following a public hearing to ensure

 5  community input.

 6         (a)  In addition to the requirements of subparagraph

 7  (5)(b)4., the charter shall address, and criteria for approval

 8  of the charter must include shall be based on:

 9         1.  The school's mission, the students to be served,

10  and the ages and grades to be included.

11         2.  The focus of the curriculum, the instructional

12  methods to be used, any distinctive instructional techniques

13  to be employed, and identification and acquisition of

14  appropriate technologies needed to improve educational and

15  administrative performance which include a means for promoting

16  safe, ethical, and appropriate uses of technology which comply

17  with legal and professional standards. The charter shall

18  ensure that reading is a primary focus of the curriculum and

19  that resources are provided to identify and provide

20  specialized instruction for students who are reading below

21  grade level. The curriculum and instructional strategies for

22  reading must be consistent with the Sunshine State Standards

23  and grounded in scientifically based reading research.

24         1.3.  The current incoming baseline standard of student

25  academic achievement, the outcomes to be achieved, and the

26  method of measurement that will be used. The criteria listed

27  in this subparagraph shall include a detailed description for

28  each of the following:

29         a.  How the baseline student academic achievement

30  levels and prior rates of academic progress will be

31  established.

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 1         b.  How these baseline rates will be compared to rates

 2  of academic progress achieved by these same students while

 3  attending the charter school.

 4         c.  To the extent possible, how these rates of progress

 5  will be evaluated and compared with rates of progress of other

 6  closely comparable student populations.

 7  

 8  The district school board shall is required to provide

 9  academic student performance data to charter schools for each

10  of their students coming from the district school system, as

11  well as rates of academic progress of comparable student

12  populations in the district school system.

13         4.  The methods used to identify the educational

14  strengths and needs of students and how well educational goals

15  and performance standards are met by students attending the

16  charter school. Included in the methods is a means for the

17  charter school to ensure accountability to its constituents by

18  analyzing student performance data and by evaluating the

19  effectiveness and efficiency of its major educational

20  programs. Students in charter schools shall, at a minimum,

21  participate in the statewide assessment program created under

22  s. 1008.22.

23         2.5.  In secondary charter schools, a method for

24  determining that a student has satisfied the requirements for

25  graduation in s. 1003.43.

26         6.  A method for resolving conflicts between the

27  governing body of the charter school and the sponsor.

28         7.  The admissions procedures and dismissal procedures,

29  including the school's code of student conduct.

30         8.  The ways by which the school will achieve a

31  racial/ethnic balance reflective of the community it serves or

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 1  within the racial/ethnic range of other public schools in the

 2  same school district.

 3         9.  The financial and administrative management of the

 4  school, including a reasonable demonstration of the

 5  professional experience or competence of those individuals or

 6  organizations applying to operate the charter school or those

 7  hired or retained to perform such professional services and

 8  the description of clearly delineated responsibilities and the

 9  policies and practices needed to effectively manage the

10  charter school. A description of internal audit procedures and

11  establishment of controls to ensure that financial resources

12  are properly managed must be included. Both public sector and

13  private sector professional experience shall be equally valid

14  in such a consideration.

15         3.10.  The asset and liability projections required in

16  the application which are incorporated into the charter and

17  which shall be compared with information provided in the

18  annual report of the charter school. The charter shall ensure

19  that, if a charter school internal audit reveals a deficit

20  financial position, the auditors are required to notify the

21  charter school governing board, the sponsor, and the

22  Department of Education. The internal auditor shall report

23  such findings in the form of an exit interview to the

24  principal or the principal administrator of the charter school

25  and the chair of the governing board within 7 working days

26  after finding the deficit position. A final report shall be

27  provided to the entire governing board, the sponsor, and the

28  Department of Education within 14 working days after the exit

29  interview.

30         4.11.  A description of procedures that identify

31  various risks and provide for a comprehensive approach to

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 1  reduce the impact of losses; plans to ensure the safety and

 2  security of students and staff; plans to identify, minimize,

 3  and protect others from violent or disruptive student

 4  behavior; and the manner in which the school will be insured,

 5  including whether or not the school will be required to have

 6  liability insurance, and, if so, the terms and conditions

 7  thereof and the amounts of coverage.

 8         5.12.  The term of the charter which shall provide for

 9  cancellation of the charter if insufficient progress has been

10  made in attaining the student achievement objectives of the

11  charter and if it is not likely that such objectives can be

12  achieved before expiration of the charter. The initial term of

13  a charter shall be for 3, 4, or 5 years. In order to

14  facilitate access to long-term financial resources for charter

15  school construction, charter schools that are operated by a

16  municipality or other public entity as provided by law are

17  eligible for up to a 15-year charter, subject to approval by

18  the district school board. A charter lab school is eligible

19  for a charter for a term of up to 15 years. In addition, to

20  facilitate access to long-term financial resources for charter

21  school construction, charter schools that are operated by a

22  private, not-for-profit, s. 501(c)(3) status corporation are

23  eligible for up to a 10-year charter, subject to approval by

24  the district school board. Such long-term charters remain

25  subject to annual review and may be terminated during the term

26  of the charter, but only for specific good cause according to

27  the provisions set forth in subsection (8).

28         6.13.  The facilities to be used and their location.

29         14.  The qualifications to be required of the teachers

30  and the potential strategies used to recruit, hire, train, and

31  retain qualified staff to achieve best value.

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 1         7.15.  The governance structure of the school,

 2  including the status of the charter school as a public or

 3  private employer as required in paragraph (12)(i).

 4         16.  A timetable for implementing the charter which

 5  addresses the implementation of each element thereof and the

 6  date by which the charter shall be awarded in order to meet

 7  this timetable.

 8         8.17.  In the case of an existing public school being

 9  converted to charter status, alternative arrangements for

10  current students who choose not to attend the charter school

11  and for current teachers who choose not to teach in the

12  charter school after conversion in accordance with the

13  existing collective bargaining agreement or district school

14  board rule in the absence of a collective bargaining

15  agreement. However, alternative arrangements shall not be

16  required for current teachers who choose not to teach in a

17  charter lab school, except as authorized by the employment

18  policies of the state university which grants the charter to

19  the lab school.

20         (b)  A charter may be renewed every 5 school years,

21  provided that a program review demonstrates that the criteria

22  in paragraph (a) have been successfully accomplished and that

23  none of the grounds for nonrenewal established by paragraph

24  (8)(a) has been documented. In order to facilitate long-term

25  financing for charter school construction, charter schools

26  operating for a minimum of 2 years and demonstrating exemplary

27  academic programming and fiscal management are eligible for a

28  15-year charter renewal. Such long-term charter is subject to

29  annual review and may be terminated during the term of the

30  charter.

31  

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 1         (c)  A charter may be modified during its initial term

 2  or any renewal term upon the recommendation of the sponsor or

 3  the charter school governing board and the approval of both

 4  parties to the agreement.

 5         (8)  CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.--

 6         (a)  At the end of the term of a charter, the sponsor

 7  shall may choose not to renew or to terminate the charter for

 8  any of the following grounds:

 9         1.  Failure to participate in the state's education

10  accountability system created in s. 1008.31, as required in

11  this section, or failure to meet the requirements for student

12  performance stated in the charter, or failure to meet the

13  performance standards as authorized by s. 1008.32 and

14  specified by rule of the State Board of Education.

15         2.  Failure to comply with statutorily directed state

16  reporting requirements, including the requirements identified

17  in paragraph (9)(m) which pertain to components of the annual

18  charter school accountability report.

19         3.  Failure of the governing body of a charter school

20  to submit its annual performance accountability report to its

21  sponsors as prescribed in paragraph (9)(m).

22         4.  Failure of the director of a charter school having

23  a school performance grade of a "D" or "F" to appear before

24  the sponsoring body as required in subsection (5).

25         5.2.  Failure to meet generally accepted standards of

26  fiscal management.

27         6.3.  Violation of law.

28         7.4.  Other good cause shown.

29         (b)  During the term of a charter, the sponsor may

30  terminate the charter for any of the grounds listed in

31  paragraph (a).

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 1         (c)  At the end of the term of a charter or during the

 2  term of a charter, the sponsor may not renew or shall

 3  terminate the charter when the charter school receives a

 4  school performance grade of "F" under s. 1008.34 for 2

 5  consecutive years, unless the school has made adequate yearly

 6  progress under the federal No Child Left Behind Act in at

 7  least 1 of those 2 years.

 8         (d)  At the end of the term of a charter, the sponsor

 9  may not renew the charter if the school fails to meet the

10  requirements for student performance set forth in rules of the

11  State Board of Education.

12         (e)(c)  At least 90 days prior to renewing or

13  terminating a charter, the sponsor shall notify the governing

14  body of the school of the proposed action in writing. The

15  notice shall state in reasonable detail the grounds for the

16  proposed action and stipulate that the school's governing body

17  may, within 14 calendar days after receiving the notice,

18  request an informal hearing before the sponsor. The sponsor

19  shall conduct the informal hearing within 30 calendar days

20  after receiving a written request. The charter school's

21  governing body may, within 14 calendar days after receiving

22  the sponsor's decision to terminate or refuse to renew the

23  charter, appeal the decision pursuant to the procedure

24  established in subsection (6).

25         (f)(d)  A charter may be terminated immediately if the

26  sponsor determines that good cause has been shown or if the

27  health, safety, or welfare of the students is threatened. The

28  charter sponsor must notify in writing the charter school's

29  governing body, the school principal, and the Department of

30  Education if a charter is immediately terminated. The sponsor

31  shall clearly identify the issues that resulted in the

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 1  immediate termination and provide evidence of prior

 2  notification of issues resulting in the immediate termination

 3  when appropriate. The school district in which the charter

 4  school is located shall assume operation of the school under

 5  these circumstances. The charter school's governing board may,

 6  within 14 days after receiving the sponsor's decision to

 7  terminate the charter, appeal the decision pursuant to the

 8  procedure established in subsection (6).

 9         (g)(e)  When a charter is not renewed or is terminated,

10  the school shall be dissolved under the provisions of law

11  under which the school was organized, and any unencumbered

12  public funds, except for capital outlay funds, from the

13  charter school shall revert to the district school board.

14  Capital outlay funds provided pursuant to s. 1013.62 that are

15  unencumbered shall revert to the department to be

16  redistributed among eligible charter schools. In the event a

17  charter school is dissolved or is otherwise terminated, all

18  district school board property and improvements, furnishings,

19  and equipment purchased with public funds shall automatically

20  revert to full ownership by the district school board, subject

21  to complete satisfaction of any lawful liens or encumbrances.

22  Any unencumbered public funds from the charter school,

23  district school board property and improvements, furnishings,

24  and equipment purchased with public funds, or financial or

25  other records pertaining to the charter school, in the

26  possession of any person, entity, or holding company, other

27  than the charter school, shall be held in trust upon the

28  district school board's request, until any appeal status is

29  resolved.

30         (h)(f)  If a charter is not renewed or is terminated,

31  the charter school is responsible for all debts of the charter

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 1  school. The district may not assume the debt from any contract

 2  for services made between the governing body of the school and

 3  a third party, except for a debt that is previously detailed

 4  and agreed upon in writing by both the district and the

 5  governing body of the school and that may not reasonably be

 6  assumed to have been satisfied by the district.

 7         (i)(g)  If a charter is not renewed or is terminated, a

 8  student who attended the school may apply to, and shall be

 9  enrolled in, another public school. Normal application

10  deadlines shall be disregarded under such circumstances.

11         (9)  CHARTER SCHOOL REQUIREMENTS.--

12         (a)  A charter school shall be nonsectarian in its

13  programs, admission policies, employment practices, and

14  operations.

15         (b)  A charter school shall admit students as provided

16  in subsection (10).

17         (c)  A charter school shall be accountable to its

18  sponsor for performance as provided in subsection (7).

19         (d)  A charter school shall not charge tuition or

20  registration fees, except those fees normally charged by other

21  public schools. However, a charter lab school may charge a

22  student activity and service fee as authorized by s.

23  1002.32(5).

24         (e)  A charter school shall meet all applicable state

25  and local health, safety, and civil rights requirements.

26         (f)  A charter school shall not violate the

27  antidiscrimination provisions of s. 1000.05.

28         (g)  A charter school shall provide for an annual

29  financial audit in accordance with s. 218.39. The governing

30  board shall be responsible for:

31  

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 1         1.  Hiring an independent certified public accountant

 2  for the annual financial audit who shall report to the

 3  governing board the audit report;

 4         2.  Reviewing and approving the audit report, including

 5  the audit findings and recommendations for corrective action;

 6  and

 7         3.  Monitoring the corrective-action plan in order to

 8  ensure compliance within the next fiscal year.

 9  

10  The consequences for the failure of a school to comply with an

11  audit finding shall be based upon the nature of the audit

12  finding. The consequences may range from timely implementation

13  of a financial-recovery plan to nonrenewal or termination of

14  the charter agreement.

15         (h)  No organization shall hold more than 15 charters

16  statewide.

17         (i)  Any individual, group, organization, or private or

18  nonprofit company that submits an application to operate a

19  charter school in this state, or that is contracted with by

20  the governing board of a charter school to operate a charter

21  school in this state, must register with the Department of

22  Education upon submission of its application to the sponsor.

23  The Department of Education shall maintain a database that

24  contains the name of each organization or entity applying for

25  a charter or operating by contract a charter school in this

26  state, principal contact information, a description of the

27  organization or entity, an identification of the number of

28  charter applications or contracts in the state, and disclosure

29  of charters terminated or renewed in this state and other

30  states. A sponsor may not approve an application for a charter

31  unless the governing board and contract operator of the school

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 1  have submitted a complete, accurate, and timely registration

 2  with the Department of Education.

 3         (j)(i)  In order to provide financial information that

 4  is comparable to that reported for other public schools,

 5  charter schools are to maintain all financial records which

 6  constitute their accounting system:

 7         1.  In accordance with the accounts and codes

 8  prescribed in the most recent issuance of the publication

 9  titled "Financial and Program Cost Accounting and Reporting

10  for Florida Schools"; or

11         2.  At the discretion of the charter school governing

12  board, a charter school may elect to follow generally accepted

13  accounting standards for not-for-profit organizations, but

14  must reformat this information for reporting according to this

15  paragraph.

16  

17  Charter schools shall are to provide annual financial report

18  and program cost report information in the state-required

19  formats for inclusion in district reporting in compliance with

20  s. 1011.60(1). Charter schools that are operated by a

21  municipality or are a component unit of a parent nonprofit

22  organization may use the accounting system of the municipality

23  or the parent but must reformat this information for reporting

24  according to this paragraph. The Department of Education must

25  develop a modified annual financial report for use by charter

26  schools, which would allow districts and the state to include

27  charter school expenditures in their educational cost reports.

28  The department must develop guidelines that identify district

29  and department responsibilities for verifying the data in

30  these reports. These guidelines must require that each charter

31  school's annual financial report be signed by the school's

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 1  chief financial officer or the certified public accountant who

 2  prepared the report.

 3         (k)(j)  The governing board of the charter school shall

 4  annually adopt and maintain an operating budget and shall

 5  approve the compensation for all personnel, including officers

 6  such as the chief financial officer, the chief executive

 7  officer, and the chief academic officer.

 8         (l)(k)  The governing body of the charter school shall

 9  exercise continuing oversight over charter school operations,

10  including, but not limited to:

11         1.  Revenue and expenditures;

12         2.  Budget versus actual reporting;

13         3.  Cash-flow activity;

14         4.  Viability of financial operations; and

15         5.  Review and approval of monthly financial

16  statements.

17         (m)(l)  The governing body of the charter school shall

18  report its performance progress annually to its sponsor, which

19  shall forward the report to the Commissioner of Education at

20  the same time as other annual school accountability reports.

21  The governing body shall monitor and review its school in

22  adherence and compliance with components of its application

23  and charter as defined in subsection (6). The Department of

24  Education shall include in its compilation a notation if a

25  school failed to file its report by the deadline established

26  by the department. The report shall include at least the

27  following components:

28         1.  Student achievement performance data, including the

29  information required for the annual school report and the

30  education accountability system governed by ss. 1008.31 and

31  1008.345. Charter schools are subject to the same

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 1  accountability requirements as other public schools, including

 2  reports of student achievement information that links baseline

 3  student data to the school's performance projections

 4  identified in the charter. The charter school shall identify

 5  reasons for any difference between projected and actual

 6  student performance.

 7         2.  Financial status of the charter school which must

 8  include revenues and expenditures at a level of detail that

 9  allows for analysis of the ability to meet financial

10  obligations and timely repayment of debt.

11         3.  Documentation of the facilities in current use and

12  any planned facilities for use by the charter school for

13  instruction of students, administrative functions, or

14  investment purposes.

15         4.  Descriptive information about the charter school's

16  personnel, including salary and benefit levels of charter

17  school employees, the proportion of instructional personnel

18  who hold professional or temporary certificates, and the

19  proportion of instructional personnel teaching in-field or

20  out-of-field.

21         (m)  A charter school shall not levy taxes or issue

22  bonds secured by tax revenues.

23         (n)  A charter school shall provide instruction for at

24  least the number of days required by law for other public

25  schools, and may provide instruction for additional days.

26         (o)1.  The governing board of a charter school shall be

27  composed of at least five members but not more than seven

28  members. The governing board must include the following

29  members:

30         a.  A member who is qualified and experienced as an

31  educator in the private or public sector.

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 1         b.  A member who is qualified and experienced in

 2  finance and accounting.

 3         c.  A member who is qualified and experienced in legal

 4  matters.

 5         d.  At least one member who is a parent of a current

 6  student enrolled at the school who shall be the parent

 7  representative.

 8         e.  At least one member who is a representative from

 9  the public sector or the private sector who shall be the

10  community representative.

11         2.  Those members of the governing board from the

12  private sector must not have, and their relatives as defined

13  in s. 112.3143 must not have, a substantial financial interest

14  in the design or delivery of the school's education program or

15  its business operations.

16         3.  A majority of the voting membership of the

17  governing board constitutes a quorum for purposes of

18  conducting the business of the board.

19         4.  A voting member of the governing board may not

20  appoint a designee to act in his or her place, except that a

21  voting member may send a representative to a board meeting,

22  but that representative may not have voting privileges.

23         5.  Each member of the governing board is subject to

24  part III of chapter 112, including ss. 112.311, 112.3135,

25  112.3143, and 112.3144. For purposes of s. 112.3143(3)(a),

26  each voting member is a local public officer who must abstain

27  from voting when a voting conflict exists.

28         6.  Each governing board shall establish terms of

29  office for the appointed members of the board. The terms must

30  be staggered and must be of a uniform length that does not

31  exceed 3 years. Each appointed member may serve a maximum of

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 1  two consecutive terms. When a vacancy occurs on the board, the

 2  board must advertise the vacancy. Members shall initially be

 3  appointed to fill a vacancy by the school's founding board,

 4  and thereafter by the existing governing board.

 5         7.  Before serving on the governing board, each member

 6  must provide written acknowledgement of serving as a board

 7  member and accept his or her role, responsibilities, and

 8  required training in the areas of governance, academics, sound

 9  business practices, and ethics.

10         8.  The governing board must, at a minimum, meet once

11  each quarter unless the business of the board requires monthly

12  meetings.

13         (10)  ELIGIBLE STUDENTS.--

14         (a)  A charter school shall be open to any student

15  covered in an interdistrict agreement or residing in the

16  school district in which the charter school is located;

17  however, in the case of a charter lab school, the charter lab

18  school shall be open to any student eligible to attend the lab

19  school as provided in s. 1002.32 or who resides in the school

20  district in which the charter lab school is located. Any

21  eligible student shall be allowed interdistrict transfer to

22  attend a charter school when based on good cause.

23         (b)  The charter school shall enroll an eligible

24  student who submits a timely application, unless the number of

25  applications exceeds the capacity of a program, class, grade

26  level, or building. In such case, all applicants shall have an

27  equal chance of being admitted through a random selection

28  process.

29         (c)  When a public school converts to charter status,

30  enrollment preference shall be given to students who would

31  have otherwise attended that public school.

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 1         (d)  A charter school may give enrollment preference to

 2  the following student populations:

 3         1.  Students who are siblings of a student enrolled in

 4  the charter school.

 5         2.  Students who are the children of a member of the

 6  governing board of the charter school.

 7         3.  Students who are the children of an employee of the

 8  charter school.

 9         (e)  A charter school may limit the enrollment process

10  only to target the following student populations:

11         1.  Students within specific age groups or grade

12  levels.

13         2.  Students considered at risk of dropping out of

14  school or academic failure. Such students shall include

15  exceptional education students.

16         3.  Students enrolling in a charter

17  school-in-the-workplace or charter school-in-a-municipality

18  established pursuant to subsection (15).

19         4.  Students residing within a reasonable distance of

20  the charter school, as described in paragraph (20)(c). Such

21  students shall be subject to a random lottery and to the

22  racial/ethnic balance provisions described in rules of the

23  State Board of Education subparagraph (7)(a)8. or any federal

24  provisions that require a school to achieve a racial/ethnic

25  balance reflective of the community it serves or within the

26  racial/ethnic range of other public schools in the same school

27  district.

28         5.  Students who meet reasonable academic, artistic, or

29  other eligibility standards established by the charter school

30  and included in the charter school application and charter or,

31  in the case of existing charter schools, standards that are

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 1  consistent with the school's mission and purpose. Such

 2  standards shall be in accordance with current state law and

 3  practice in public schools and may not discriminate against

 4  otherwise qualified individuals.

 5         6.  Students articulating from one charter school to

 6  another pursuant to an articulation agreement between the

 7  charter schools that has been approved by the sponsor.

 8         (f)  Students with handicapping conditions and students

 9  served in English for Speakers of Other Languages programs

10  shall have an equal opportunity of being selected for

11  enrollment in a charter school.

12         (g)  A student may withdraw from a charter school at

13  any time and enroll in another public school as determined by

14  district school board rule.

15         (h)  The capacity of the charter school shall be

16  determined annually by the governing board, in conjunction

17  with the sponsor, of the charter school in consideration of

18  the factors identified in this subsection.

19         (11)  PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR

20  ACTIVITIES.--A charter school student is eligible to

21  participate in an interscholastic extracurricular activity at

22  the public school to which the student would be otherwise

23  assigned to attend pursuant to s. 1006.15(3)(d).

24         (12)  EMPLOYEES OF CHARTER SCHOOLS.--

25         (a)  A charter school shall select its own employees. A

26  charter school may contract with its sponsor for the services

27  of personnel employed by the sponsor.

28         (b)  Charter school employees shall have the option to

29  bargain collectively. Employees may collectively bargain as a

30  separate unit or as part of the existing district collective

31  

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 1  bargaining unit as determined by the structure of the charter

 2  school.

 3         (c)  The employees of a conversion charter school shall

 4  remain public employees for all purposes, unless such

 5  employees choose not to do so.

 6         (d)  The teachers at a charter school may choose to be

 7  part of a professional group that subcontracts with the

 8  charter school to operate the instructional program under the

 9  auspices of a partnership or cooperative that they

10  collectively own. Under this arrangement, the teachers would

11  not be public employees.

12         (e)  Employees of a school district may take leave to

13  accept employment in a charter school upon the approval of the

14  district school board. While employed by the charter school

15  and on leave that is approved by the district school board,

16  the employee may retain seniority accrued in that school

17  district and may continue to be covered by the benefit

18  programs of that school district, if the charter school and

19  the district school board agree to this arrangement and its

20  financing. School districts shall not require resignations of

21  teachers desiring to teach in a charter school. This paragraph

22  shall not prohibit a district school board from approving

23  alternative leave arrangements consistent with chapter 1012.

24         (f)  Teachers employed by or under contract to a

25  charter school shall be certified as required by chapter 1012.

26  A charter school governing board may employ or contract with

27  skilled selected noncertified personnel to provide

28  instructional services or to assist instructional staff

29  members as education paraprofessionals in the same manner as

30  defined in chapter 1012, and as provided by State Board of

31  Education rule for charter school governing boards. A charter

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 1  school may not knowingly employ an individual to provide

 2  instructional services or to serve as an education

 3  paraprofessional if the individual's certification or

 4  licensure as an educator is suspended or revoked by this or

 5  any other state. A charter school may not knowingly employ an

 6  individual who has resigned from a school district in lieu of

 7  disciplinary action with respect to child welfare or safety,

 8  or who has been dismissed for just cause by any school

 9  district with respect to child welfare or safety. The

10  qualifications of teachers shall be disclosed to parents.

11         (g)  A charter school shall employ or contract with

12  employees who have undergone background screening as provided

13  in s. 1012.32. Members of the governing board of the charter

14  school shall also undergo background screening in a manner

15  similar to that provided in s. 1012.32.

16         (h)  For the purposes of tort liability, the governing

17  body and employees of a charter school shall be governed by s.

18  768.28.

19         (i)  A charter school shall organize as, or be operated

20  by, a nonprofit organization. A charter school may be operated

21  by a municipality or other public entity as provided for by

22  law. As such, the charter school may be either a private or a

23  public employer.  As a public employer, a charter school may

24  participate in the Florida Retirement System upon application

25  and approval as a "covered group" under s. 121.021(34). If a

26  charter school participates in the Florida Retirement System,

27  the charter school employees shall be compulsory members of

28  the Florida Retirement System. As either a private or a public

29  employer, a charter school may contract for services with an

30  individual or group of individuals who are organized as a

31  partnership or a cooperative. Individuals or groups of

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 1  individuals who contract their services to the charter school

 2  are not public employees.

 3         (13)  CHARTER SCHOOL COOPERATIVES.--Charter schools may

 4  enter into cooperative agreements to form charter school

 5  cooperative organizations that may provide the following

 6  services: charter school planning and development, direct

 7  instructional services, and contracts with charter school

 8  governing boards to provide personnel administrative services,

 9  payroll services, human resource management, evaluation and

10  assessment services, teacher preparation, and professional

11  development.

12         (14)  CHARTER SCHOOL FINANCIAL ARRANGEMENTS;

13  INDEMNIFICATION OF THE STATE AND SCHOOL DISTRICT; CREDIT OR

14  TAXING POWER NOT TO BE PLEDGED.--Any arrangement entered into

15  to borrow or otherwise secure funds for a charter school

16  authorized in this section from a source other than the state

17  or a school district shall indemnify the state and the school

18  district from any and all liability, including, but not

19  limited to, financial responsibility for the payment of the

20  principal or interest. Any loans, bonds, or other financial

21  agreements are not obligations of the state or the school

22  district but are obligations of the charter school authority

23  and are payable solely from the sources of funds pledged by

24  such agreement. The credit or taxing power of the state or the

25  school district shall not be pledged and no debts shall be

26  payable out of any moneys except those of the legal entity in

27  possession of a valid charter approved by a district school

28  board pursuant to this section.

29         (15)  CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER

30  SCHOOLS-IN-A-MUNICIPALITY.--

31  

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 1         (a)  In order to increase business partnerships in

 2  education, to reduce school and classroom overcrowding

 3  throughout the state, and to offset the high costs for

 4  educational facilities construction, the Legislature intends

 5  to encourage the formation of business partnership schools or

 6  satellite learning centers and municipal-operated schools

 7  through charter school status.

 8         (b)  A charter school-in-the-workplace may be

 9  established when a business partner provides the school

10  facility to be used; enrolls students based upon a random

11  lottery that involves all of the children of employees of that

12  business or corporation who are seeking enrollment, as

13  provided for in subsection (10); and enrolls students

14  according to the racial/ethnic balance provisions described in

15  rules of the State Board of Education subparagraph (7)(a)8.

16  Any portion of a facility used for a public charter school

17  shall be exempt from ad valorem taxes, as provided for in s.

18  1013.54, for the duration of its use as a public school.

19         (c)  A charter school-in-a-municipality designation may

20  be granted to a municipality that possesses a charter; enrolls

21  students based upon a random lottery that involves all of the

22  children of the residents of that municipality who are seeking

23  enrollment, as provided for in subsection (10); and enrolls

24  students according to the racial/ethnic balance provisions

25  described in rules of the State Board of Education

26  subparagraph (7)(a)8. When a municipality has submitted

27  charter applications for the establishment of a charter school

28  feeder pattern, consisting of elementary, middle, and senior

29  high schools, and each individual charter application is

30  approved by the district school board, such schools shall then

31  be designated as one charter school for all purposes listed

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 1  pursuant to this section. Any portion of the land and facility

 2  used for a public charter school shall be exempt from ad

 3  valorem taxes, as provided for in s. 1013.54, for the duration

 4  of its use as a public school.

 5         (d)  As used in this subsection, the terms "business

 6  partner" or "municipality" may include more than one business

 7  or municipality to form a charter school-in-the-workplace or

 8  charter school-in-a-municipality.

 9         (16)  EXEMPTION FROM STATUTES.--

10         (a)  A charter school shall operate in accordance with

11  its charter and shall be exempt from all statutes in chapters

12  1000-1013. However, a charter school shall be in compliance

13  with the following statutes in chapters 1000-1013:

14         1.  Those statutes specifically applying to charter

15  schools, including this section.

16         2.  Those statutes pertaining to the student assessment

17  program and school grading system.

18         3.  Those statutes pertaining to the provision of

19  services to students with disabilities.

20         4.  Those statutes pertaining to civil rights,

21  including s. 1000.05, relating to discrimination.

22         5.  Those statutes pertaining to student health,

23  safety, and welfare.

24         (b)  Additionally, a charter school shall be in

25  compliance with the following statutes:

26         1.  Section 286.011, relating to public meetings and

27  records, public inspection, and criminal and civil penalties.

28         2.  Chapter 119, relating to public records.

29         (17)  FUNDING.--Students enrolled in a charter school,

30  regardless of the sponsorship, shall be funded as if they are

31  in a basic program or a special program, the same as students

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 1  enrolled in other public schools in the school district.

 2  Funding for a charter lab school shall be as provided in s.

 3  1002.32.

 4         (a)  Each charter school shall report its student

 5  enrollment to the district school board as required in s.

 6  1011.62, and in accordance with the definitions in s. 1011.61.

 7  The district school board shall include each charter school's

 8  enrollment in the district's report of student enrollment. All

 9  charter schools submitting student record information required

10  by the Department of Education shall comply with the

11  Department of Education's guidelines for electronic data

12  formats for such data, and all districts shall accept

13  electronic data that complies with the Department of

14  Education's electronic format.

15         (b)  The basis for the agreement for funding students

16  enrolled in a charter school shall be the sum of the school

17  district's operating funds from the Florida Education Finance

18  Program as provided in s. 1011.62 and the General

19  Appropriations Act, including gross state and local funds,

20  discretionary lottery funds, and funds from the school

21  district's current operating discretionary millage levy;

22  divided by total funded weighted full-time equivalent students

23  in the school district; multiplied by the weighted full-time

24  equivalent students for the charter school. Charter schools

25  whose students or programs meet the eligibility criteria in

26  law shall be entitled to their proportionate share of

27  categorical program funds included in the total funds

28  available in the Florida Education Finance Program by the

29  Legislature, including transportation. Total funding for each

30  charter school shall be recalculated during the year to

31  reflect the revised calculations under the Florida Education

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 1  Finance Program by the state and the actual weighted full-time

 2  equivalent students reported by the charter school during the

 3  full-time equivalent student survey periods designated by the

 4  Commissioner of Education.

 5         (c)  If the district school board is providing programs

 6  or services to students funded by federal funds, any eligible

 7  students enrolled in charter schools in the school district

 8  shall be provided federal funds for the same level of service

 9  provided students in the schools operated by the district

10  school board. Pursuant to provisions of 20 U.S.C. 8061 s.

11  10306, all charter schools shall receive all federal funding

12  for which the school is otherwise eligible, including Title I

13  funding, not later than 5 months after the charter school

14  first opens and within 5 months after any subsequent expansion

15  of enrollment.

16         (d)  District school boards shall make every effort to

17  ensure that charter schools receive timely and efficient

18  reimbursement, including processing paperwork required to

19  access special state and federal funding for which they may be

20  eligible. The district school board may distribute funds to a

21  charter school for up to 3 months based on the projected

22  full-time equivalent student membership of the charter school.

23  Thereafter, the results of full-time equivalent student

24  membership surveys shall be used in adjusting the amount of

25  funds distributed monthly to the charter school for the

26  remainder of the fiscal year. The payment shall be issued no

27  later than 10 working days after the district school board

28  receives a distribution of state or federal funds. If a

29  warrant for payment is not issued within 30 working days after

30  receipt of funding by the district school board, the school

31  district shall pay to the charter school, in addition to the

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 1  amount of the scheduled disbursement, interest at a rate of 1

 2  percent per month calculated on a daily basis on the unpaid

 3  balance from the expiration of the 30-day period until such

 4  time as the warrant is issued.

 5         (18)  FACILITIES.--

 6         (a)  A charter school shall utilize facilities which

 7  comply with the Florida Building Code pursuant to chapter 553

 8  except for the State Requirements for Educational Facilities.

 9  Charter schools are not required to comply, but may choose to

10  comply, with the State Requirements for Educational Facilities

11  of the Florida Building Code adopted pursuant to s. 1013.37.

12  The local governing authority shall not adopt or impose local

13  building requirements or restrictions that are more stringent

14  than those found in the Florida Building Code. The agency

15  having jurisdiction for inspection of a facility and issuance

16  of a certificate of occupancy shall be the local municipality

17  or, if in an unincorporated area, the county governing

18  authority.

19         (b)  A charter school shall utilize facilities that

20  comply with the Florida Fire Prevention Code, pursuant to s.

21  633.025, as adopted by the authority in whose jurisdiction the

22  facility is located as provided in paragraph (a).

23         (c)  Any facility, or portion thereof, used to house a

24  charter school whose charter has been approved by the sponsor

25  and the governing board, pursuant to subsection (7), shall be

26  exempt from ad valorem taxes pursuant to s. 196.1983.

27         (d)  Charter school facilities are exempt from

28  assessments of fees for building permits, except as provided

29  in s. 553.80, and for building licenses and from assessments

30  of impact fees or service availability fees.

31  

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 1         (e)  If a district school board facility or property is

 2  available because it is surplus, marked for disposal, or

 3  otherwise unused, it shall be provided for a charter school's

 4  use on the same basis as it is made available to other public

 5  schools in the district. A charter school receiving property

 6  from the school district may not sell or dispose of such

 7  property without written permission of the school district.

 8  Similarly, for an existing public school converting to charter

 9  status, no rental or leasing fee for the existing facility or

10  for the property normally inventoried to the conversion school

11  may be charged by the district school board to the parents and

12  teachers organizing the charter school. The charter organizers

13  shall agree to reasonable maintenance provisions in order to

14  maintain the facility in a manner similar to district school

15  board standards. The Public Education Capital Outlay

16  maintenance funds or any other maintenance funds generated by

17  the facility operated as a conversion school shall remain with

18  the conversion school.

19         (f)  To the extent that charter school facilities are

20  specifically created to mitigate the educational impact

21  created by the development of new residential dwelling units,

22  pursuant to subparagraph (2)(c)4., some of or all of the

23  educational impact fees required to be paid in connection with

24  the new residential dwelling units may be designated instead

25  for the construction of the charter school facilities that

26  will mitigate the student station impact. Such facilities

27  shall be built to the State Requirements for Educational

28  Facilities and shall be owned by a public or nonprofit entity.

29  The local school district retains the right to monitor and

30  inspect such facilities to ensure compliance with the State

31  Requirements for Educational Facilities. If a facility ceases

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 1  to be used for public educational purposes, either the

 2  facility shall revert to the school district subject to any

 3  debt owed on the facility, or the owner of the facility shall

 4  have the option to refund all educational impact fees utilized

 5  for the facility to the school district. The district and the

 6  owner of the facility may contractually agree to another

 7  arrangement for the facilities if the facilities cease to be

 8  used for educational purposes. The owner of property planned

 9  or approved for new residential dwelling units and the entity

10  levying educational impact fees shall enter into an agreement

11  that designates the educational impact fees that will be

12  allocated for the charter school student stations and that

13  ensures the timely construction of the charter school student

14  stations concurrent with the expected occupancy of the

15  residential units. The application for use of educational

16  impact fees shall include an approved charter school

17  application. To assist the school district in forecasting

18  student station needs, the entity levying the impact fees

19  shall notify the affected district of any agreements it has

20  approved for the purpose of mitigating student station impact

21  from the new residential dwelling units.

22         (19)  CAPITAL OUTLAY FUNDING.--Charter schools are

23  eligible for capital outlay funds pursuant to s. 1013.62.

24         (20)  SERVICES.--

25         (a)  A sponsor shall provide certain administrative and

26  educational services to charter schools. These services shall

27  include contract management services; full-time equivalent and

28  data reporting services; exceptional student education

29  administration services; test administration services,

30  including payment of the costs of state-required or

31  district-required student assessments; processing of teacher

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 1  certificate data services; and information services, including

 2  equal access to student information systems that are used by

 3  public schools in the district in which the charter school is

 4  located. A total administrative fee for the provision of such

 5  services shall be calculated based upon 5 percent of the

 6  available funds defined in paragraph (17)(b) for all students.

 7  However, a sponsor may only withhold a 5-percent

 8  administrative fee for enrollment for up to and including 500

 9  students. For charter schools with a population of 501 or more

10  students, the difference between the total administrative fee

11  calculation and the amount of the administrative fee withheld

12  may only be used for capital outlay purposes specified in s.

13  1013.62(2). Sponsors shall not charge charter schools any

14  additional fees or surcharges for administrative and

15  educational services in addition to the 5-percent

16  administrative fee withheld pursuant to this paragraph.

17         (b)  If goods and services are made available to the

18  charter school through the contract with the school district,

19  they shall be provided to the charter school at a rate no

20  greater than the district's actual cost unless mutually agreed

21  upon by the charter school and the sponsor in a contract

22  negotiated separately from the charter. When mediation has

23  failed to resolve disputes over contracted services or

24  contractual matters not included in the charter, an appeal may

25  be made for a dispute resolution hearing before the Charter

26  School Appeal Commission. To maximize the use of state funds,

27  school districts shall allow charter schools to participate in

28  the sponsor's bulk purchasing program if applicable.

29         (c)  Transportation of charter school students shall be

30  provided by the charter school consistent with the

31  requirements of subpart I.E. of chapter 1006 and s. 1012.45.

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 1  The governing body of the charter school may provide

 2  transportation through an agreement or contract with the

 3  district school board, a private provider, or parents. The

 4  charter school and the sponsor shall cooperate in making

 5  arrangements that ensure that transportation is not a barrier

 6  to equal access for all students residing within a reasonable

 7  distance of the charter school as determined in its charter.

 8         (21)  PUBLIC INFORMATION ON CHARTER SCHOOLS.--The

 9  Department of Education shall provide information to the

10  public, directly and through sponsors, both on how to form and

11  operate a charter school and on how to enroll in charter

12  schools once they are created. This information shall include

13  a standard application format which shall include the

14  information specified in subsection (7). This application

15  format may be used by chartering entities.

16         (22)  STATE BOARD OF EDUCATION AUTHORITY.--

17         (a)  The State Board of Education may adopt rules

18  pursuant to ss. 120.536(1) and 120.54 to administer this

19  section.

20         (b)  The State Board of Education has authority

21  pursuant to s. 1008.32 to enforce the provisions of this

22  section.

23         (c)  The State Board of Education shall ensure that the

24  Department of Education provides or arranges for the provision

25  of the following services:

26         1.  Assistance to potential charter applicants in

27  identifying available resources and information that would

28  enable the applicant to submit a stronger charter application.

29         2.  Assistance to sponsors and charter schools in

30  developing a model charter contract that may be modified to

31  reflect local decisions. Such a model should not impede

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 1  creativity in delivering the educational program of the

 2  charter school. The model should assist charter schools in

 3  identifying the services a charter school receives for any

 4  administrative assessment and in determining the per-student

 5  cost of those services. The model should also address the

 6  provision of food service and transportation.

 7         3.  Assistance to sponsors and charter school in

 8  developing a model charter renewal evaluation process that may

 9  be modified to reflect individual contracts and local

10  decisions.

11         4.  Annual training opportunities for members of

12  charter school governing boards relating to current statutory

13  and financial requirements pertaining to charter schools.

14         5.  Annual joint training opportunities for school

15  district personnel whose responsibilities involve working with

16  charter applicants and charter schools and for personnel of

17  charter schools. Such training should include current

18  statutory and financial requirements pertaining to charter

19  schools and other appropriate matters.

20         (22)  CHARTER SCHOOL REVIEW PANEL AND LEGISLATIVE

21  REVIEW.--

22         (a)  The Department of Education shall regularly

23  convene a Charter School Review Panel in order to review

24  issues, practices, and policies regarding charter schools. The

25  composition of the review panel shall include individuals with

26  experience in finance, administration, law, education, and

27  school governance, and individuals familiar with charter

28  school construction and operation. The panel shall include two

29  appointees each from the Commissioner of Education, the

30  President of the Senate, and the Speaker of the House of

31  Representatives. The Governor shall appoint three members of

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 1  the panel and shall designate the chair. Each member of the

 2  panel shall serve a 1-year term, unless renewed by the office

 3  making the appointment. The panel shall make recommendations

 4  to the Legislature, to the Department of Education, to charter

 5  schools, and to school districts for improving charter school

 6  operations and oversight and for ensuring best business

 7  practices at and fair business relationships with charter

 8  schools.

 9         (b)  The Legislature shall review the operation of

10  charter schools during the 2005 Regular Session of the

11  Legislature.

12         (23)  ANALYSIS OF CHARTER SCHOOL PERFORMANCE.--Upon

13  receipt of the annual report required by paragraph (9)(l), the

14  Department of Education shall provide to the State Board of

15  Education, the Commissioner of Education, the Governor, the

16  President of the Senate, and the Speaker of the House of

17  Representatives an analysis and comparison of the overall

18  performance of charter school students, to include all

19  students whose scores are counted as part of the statewide

20  assessment program, versus comparable public school students

21  in the district as determined by the statewide assessment

22  program currently administered in the school district, and

23  other assessments administered pursuant to s. 1008.22(3).

24         (24)  FINANCIAL MANAGEMENT.--The Department of

25  Education must develop a system that includes a comprehensive

26  list of financial-management indicators to be used by sponsors

27  for the early identification of charter schools at greatest

28  risk for financial difficulty. The Department of Education

29  must provide training and technical assistance to charter

30  schools at greatest risk for financial difficulty. The

31  Department of Education must report information on schools

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 1  identified as at risk for financial difficulty in the past

 2  year and the actions that the department and local school

 3  district have taken to assist each school in the annual report

 4  required by paragraph (9)(m).

 5         (25)(24)  RULEMAKING.--The Department of Education,

 6  after consultation with school districts and charter school

 7  directors, shall recommend that the State Board of Education

 8  adopt rules to implement specific subsections of this section.

 9  Such rules shall require minimum paperwork and shall not limit

10  charter school flexibility authorized by statute.

11         Section 7.  Subsection (8) is added to section 1011.68,

12  Florida Statutes, to read:

13         1011.68  Funds for student transportation.--The annual

14  allocation to each district for transportation to public

15  school programs, including charter schools as provided in s.

16  1002.33(17)(b), of students in membership in kindergarten

17  through grade 12 and in migrant and exceptional student

18  programs below kindergarten shall be determined as follows:

19         (8)  Notwithstanding s. 1006.22(1) and (2), if an

20  isolated student attends a charter school governed by a

21  community college, the community college shall generate school

22  transportation funding according to ss. 1002.33(17)(b),

23  1011.62, and this section. A community college board of

24  trustees may include in its charter school contract a

25  provision for parent transportation of students which is

26  consistent with s. 1002.33(20)(c), if the cost of the

27  transportation service does not exceed the transportation

28  funds generated by this chapter.

29         Section 8.  This act shall take effect July 1, 2005.

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1710

 3                                 

 4  The Committee Substitute clarifies provisions relating to the
    determination of a financial emergency at a charter school.
 5  Charter schools are added to the local governmental entities
    and district school boards list as being covered in sections
 6  218.50, 218.501, and 218.503, Florida Statutes, of the
    "Financial Emergencies Act."  If one or more of the financial
 7  conditions listed in the Act is found to have occurred or will
    occur if preventive action is not taken, the charter school
 8  must notify within 30 days, the charter school sponsor and the
    Legislative Auditing Committee.  The sponsor is required to
 9  contact the charter school and determine what is being done to
    resolve the condition.  A sponsor may require the governing
10  board of a charter school to develop a financial-recovery plan
    for the school and seek approval of the plan by the sponsor.
11  
    The Committee Substitute amends s. 1011.62, Florida Statutes,
12  to allow a charter school governed by a community college to
    generate school transportation funding for "isolated" students
13  (ss. 1002.33 (17) (b), 1011.62, and 1011.68) and use those
    funds to pay parents to transport students to the school.
14  Such expenditures may not exceed the amount of funds generated
    by the statutory school transportation formula.
15  
    The Committee Substitute clarifies how a charter school
16  sponsor may assist a charter school in dealing with a local
    fire marshal inspecting a charter school facility.  At the
17  request of the charter school a sponsor is to provide
    assistance in scheduling fire code inspections.  The charter
18  application is to specify the code which the charter school
    has chosen to be inspected against. When an inspection occurs,
19  the fire marshal is to be given a copy of the agreed upon
    language from the application stating which code is to be used
20  and must acknowledge receipt of that information.

21  The Committee Substitute provides clarifying language relating
    to policies of the sponsor, making such policies apply to
22  charter schools only when the policies were specifically
    promulgated for charter schools.
23  
    The Committee Substitute specifies new responsibilities for
24  the governing board of a charter school.  It requires the
    governing board to approve the compensation for all personnel
25  at the charter school and specifies the composition,
    qualifications, terms of office, and identifies what
26  constitutes a quorum for members of the governing board.  The
    Committee Substitute requires members of the governing board
27  to abstain from voting when a voting conflict arises.

28  

29  

30  

31  

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