| 1 | Representative Nelson offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 |
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| 6 | Section 1. Paragraph (e) of subsection (7) and subsection |
| 7 | (8) of section 11.45, Florida Statutes, are amended to read: |
| 8 | 11.45 Definitions; duties; authorities; reports; rules.-- |
| 9 | (7) AUDITOR GENERAL REPORTING REQUIREMENTS.-- |
| 10 | (e) The Auditor General shall notify the Governor or the |
| 11 | Commissioner of Education, as appropriate, and the Legislative |
| 12 | Auditing Committee of any audit report reviewed by the Auditor |
| 13 | General pursuant to paragraph (b) which contains a statement |
| 14 | that a local governmental entity, charter school, charter |
| 15 | technical career center, or district school board has met one or |
| 16 | more of the conditions specified in s. 218.503. If the Auditor |
| 17 | General requests a clarification regarding information included |
| 18 | in an audit report to determine whether a local governmental |
| 19 | entity, charter school, charter technical career center, or |
| 20 | district school board has met one or more of the conditions |
| 21 | specified in s. 218.503, the requested clarification must be |
| 22 | provided within 45 days after the date of the request. If the |
| 23 | local governmental entity, charter school, charter technical |
| 24 | career center, or district school board does not comply with the |
| 25 | Auditor General's request, the Auditor General shall notify the |
| 26 | Legislative Auditing Committee. If, after obtaining the |
| 27 | requested clarification, the Auditor General determines that the |
| 28 | local governmental entity, charter school, charter technical |
| 29 | career center, or district school board has met one or more of |
| 30 | the conditions specified in s. 218.503, he or she shall notify |
| 31 | the Governor or the Commissioner of Education, as appropriate, |
| 32 | and the Legislative Auditing Committee. |
| 33 | (8) RULES OF THE AUDITOR GENERAL.--The Auditor General, in |
| 34 | consultation with the Board of Accountancy, shall adopt rules |
| 35 | for the form and conduct of all financial audits performed by |
| 36 | independent certified public accountants pursuant to ss. |
| 37 | 215.981, 218.39, 1001.453, 1004.28, and 1004.70. The rules for |
| 38 | audits of local governmental entities, charter schools, charter |
| 39 | technical career centers, and district school boards must |
| 40 | include, but are not limited to, requirements for the reporting |
| 41 | of information necessary to carry out the purposes of the Local |
| 42 | Governmental Entity, Charter School, Charter Technical Career |
| 43 | Center, and District School Board Financial Emergencies Act as |
| 44 | stated in s. 218.501. |
| 45 | Section 2. Subsection (5) of section 218.39, Florida |
| 46 | Statutes, is amended to read: |
| 47 | 218.39 Annual financial audit reports.-- |
| 48 | (5) At the conclusion of the audit, the auditor shall |
| 49 | discuss with the chair of each local governmental entity or the |
| 50 | chair's designee, or with the elected official of each county |
| 51 | agency or with the elected official's designee, or with the |
| 52 | chair of the district school board or the chair's designee, or |
| 53 | with the chair of the board of the charter school or the chair's |
| 54 | designee, or with the chair of the charter technical career |
| 55 | center or the chair's designee, as appropriate, all of the |
| 56 | auditor's comments that will be included in the audit report. If |
| 57 | the officer is not available to discuss the auditor's comments, |
| 58 | their discussion is presumed when the comments are delivered in |
| 59 | writing to his or her office. The auditor shall notify each |
| 60 | member of the governing body of a local governmental entity, |
| 61 | district school board, or charter school, or charter technical |
| 62 | career center for which deteriorating financial conditions exist |
| 63 | that may cause a condition described in s. 218.503(1) to occur |
| 64 | if actions are not taken to address such conditions. |
| 65 | Section 3. Section 218.50, Florida Statutes, is amended to |
| 66 | read: |
| 67 | 218.50 Short title.--Sections 218.50-218.504 may be cited |
| 68 | as the "Local Governmental Entity, Charter School, Charter |
| 69 | Technical Career Center, and District School Board Financial |
| 70 | Emergencies Act." |
| 71 | Section 4. Section 218.501, Florida Statutes, is amended |
| 72 | to read: |
| 73 | 218.501 Purposes.--The purposes of ss. 218.50-218.504 are: |
| 74 | (1) To promote the fiscal responsibility of local |
| 75 | governmental entities, charter schools, charter technical career |
| 76 | centers, and district school boards. |
| 77 | (2) To assist local governmental entities, charter |
| 78 | schools, charter technical career centers, and district school |
| 79 | boards in providing essential services without interruption and |
| 80 | in meeting their financial obligations. |
| 81 | (3) To assist local governmental entities, charter |
| 82 | schools, charter technical career centers, and district school |
| 83 | boards through the improvement of local financial management |
| 84 | procedures. |
| 85 | Section 5. Subsections (1), (2), (3), and (4) of section |
| 86 | 218.503, Florida Statutes, are amended to read: |
| 87 | 218.503 Determination of financial emergency.-- |
| 88 | (1) Local governmental entities, charter schools, charter |
| 89 | technical career centers, and district school boards shall be |
| 90 | subject to review and oversight by the Governor, the charter |
| 91 | school sponsor, the charter technical career center sponsor, or |
| 92 | the Commissioner of Education, as appropriate, when any one of |
| 93 | the following conditions occurs: |
| 94 | (a) Failure within the same fiscal year in which due to |
| 95 | pay short-term loans or failure to make bond debt service or |
| 96 | other long-term debt payments when due, as a result of a lack of |
| 97 | funds. |
| 98 | (b) Failure to pay uncontested claims from creditors |
| 99 | within 90 days after the claim is presented, as a result of a |
| 100 | lack of funds. |
| 101 | (c) Failure to transfer at the appropriate time, due to |
| 102 | lack of funds: |
| 103 | 1. Taxes withheld on the income of employees; or |
| 104 | 2. Employer and employee contributions for: |
| 105 | a. Federal social security; or |
| 106 | b. Any pension, retirement, or benefit plan of an |
| 107 | employee. |
| 108 | (d) Failure for one pay period to pay, due to lack of |
| 109 | funds: |
| 110 | 1. Wages and salaries owed to employees; or |
| 111 | 2. Retirement benefits owed to former employees. |
| 112 | (e) An unreserved or total fund balance or retained |
| 113 | earnings deficit, or unrestricted or total net assets deficit, |
| 114 | as reported on the balance sheet or statement of net assets on |
| 115 | the general purpose or fund financial statements, for which |
| 116 | sufficient resources of the local governmental entity, charter |
| 117 | school, charter technical career center, or district school |
| 118 | board, as reported on the balance sheet or statement of net |
| 119 | assets on the general purpose or fund financial statements, are |
| 120 | not available to cover the deficit. Resources available to cover |
| 121 | reported deficits include net assets that are not otherwise |
| 122 | restricted by federal, state, or local laws, bond covenants, |
| 123 | contractual agreements, or other legal constraints. Fixed or |
| 124 | capital assets, the disposal of which would impair the ability |
| 125 | of a local governmental entity, charter school, charter |
| 126 | technical career center, or district school board to carry out |
| 127 | its functions, are not considered resources available to cover |
| 128 | reported deficits. |
| 129 | (2) A local governmental entity shall notify the Governor |
| 130 | and the Legislative Auditing Committee, a charter school shall |
| 131 | notify the charter school sponsor, the Commissioner of |
| 132 | Education, and the Legislative Auditing Committee, a charter |
| 133 | technical career center shall notify the charter technical |
| 134 | career center sponsor, the Commissioner of Education, and the |
| 135 | Legislative Auditing Committee, and a district school board |
| 136 | shall notify the Commissioner of Education and the Legislative |
| 137 | Auditing Committee, when one or more of the conditions specified |
| 138 | in subsection (1) have occurred or will occur if action is not |
| 139 | taken to assist the local governmental entity, charter school, |
| 140 | charter technical career center, or district school board. In |
| 141 | addition, any state agency must, within 30 days after a |
| 142 | determination that one or more of the conditions specified in |
| 143 | subsection (1) have occurred or will occur if action is not |
| 144 | taken to assist the local governmental entity, charter school, |
| 145 | charter technical career center, or district school board, |
| 146 | notify the Governor, charter school sponsor, charter technical |
| 147 | career center sponsor, or the Commissioner of Education, as |
| 148 | appropriate, and the Legislative Auditing Committee. |
| 149 | (3) Upon notification that one or more of the conditions |
| 150 | in subsection (1) have occurred or will occur if action is not |
| 151 | taken to assist the local governmental entity or district school |
| 152 | board exist, the Governor or his or her designee shall contact |
| 153 | the local governmental entity or the Commissioner of Education |
| 154 | or his or her designee shall contact the district school board |
| 155 | to determine what actions have been taken by the local |
| 156 | governmental entity or the district school board to resolve or |
| 157 | prevent the condition. The Governor or the Commissioner of |
| 158 | Education, as appropriate, shall determine whether the local |
| 159 | governmental entity or the district school board needs state |
| 160 | assistance to resolve or prevent the condition. If state |
| 161 | assistance is needed, the local governmental entity or district |
| 162 | school board is considered to be in a state of financial |
| 163 | emergency. The Governor or the Commissioner of Education, as |
| 164 | appropriate, has the authority to implement measures as set |
| 165 | forth in ss. 218.50-218.504 to assist the local governmental |
| 166 | entity or district school board in resolving the financial |
| 167 | emergency. Such measures may include, but are not limited to: |
| 168 | (a) Requiring approval of the local governmental entity's |
| 169 | budget by the Governor or approval of the district school |
| 170 | board's budget by the Commissioner of Education. |
| 171 | (b) Authorizing a state loan to a local governmental |
| 172 | entity and providing for repayment of same. |
| 173 | (c) Prohibiting a local governmental entity or district |
| 174 | school board from issuing bonds, notes, certificates of |
| 175 | indebtedness, or any other form of debt until such time as it is |
| 176 | no longer subject to this section. |
| 177 | (d) Making such inspections and reviews of records, |
| 178 | information, reports, and assets of the local governmental |
| 179 | entity or district school board. The appropriate local officials |
| 180 | shall cooperate in such inspections and reviews. |
| 181 | (e) Consulting with officials and auditors of the local |
| 182 | governmental entity or the district school board and the |
| 183 | appropriate state officials regarding any steps necessary to |
| 184 | bring the books of account, accounting systems, financial |
| 185 | procedures, and reports into compliance with state requirements. |
| 186 | (f) Providing technical assistance to the local |
| 187 | governmental entity or the district school board. |
| 188 | (g)1. Establishing a financial emergency board to oversee |
| 189 | the activities of the local governmental entity or the district |
| 190 | school board. If a financial emergency board is established for |
| 191 | a local governmental entity, the Governor shall appoint board |
| 192 | members and select a chair. If a financial emergency board is |
| 193 | established for a district school board, the State Board of |
| 194 | Education shall appoint board members and select a chair. The |
| 195 | financial emergency board shall adopt such rules as are |
| 196 | necessary for conducting board business. The board may: |
| 197 | a. Make such reviews of records, reports, and assets of |
| 198 | the local governmental entity or the district school board as |
| 199 | are needed. |
| 200 | b. Consult with officials and auditors of the local |
| 201 | governmental entity or the district school board and the |
| 202 | appropriate state officials regarding any steps necessary to |
| 203 | bring the books of account, accounting systems, financial |
| 204 | procedures, and reports of the local governmental entity or the |
| 205 | district school board into compliance with state requirements. |
| 206 | c. Review the operations, management, efficiency, |
| 207 | productivity, and financing of functions and operations of the |
| 208 | local governmental entity or the district school board. |
| 209 | 2. The recommendations and reports made by the financial |
| 210 | emergency board must be submitted to the Governor for local |
| 211 | governmental entities or to the Commissioner of Education and |
| 212 | the State Board of Education for district school boards for |
| 213 | appropriate action. |
| 214 | (h) Requiring and approving a plan, to be prepared by |
| 215 | officials of the local governmental entity or the district |
| 216 | school board in consultation with the appropriate state |
| 217 | officials, prescribing actions that will cause the local |
| 218 | governmental entity or district school board to no longer be |
| 219 | subject to this section. The plan must include, but need not be |
| 220 | limited to: |
| 221 | 1. Provision for payment in full of obligations outlined |
| 222 | in subsection (1), designated as priority items, that are |
| 223 | currently due or will come due. |
| 224 | 2. Establishment of priority budgeting or zero-based |
| 225 | budgeting in order to eliminate items that are not affordable. |
| 226 | 3. The prohibition of a level of operations which can be |
| 227 | sustained only with nonrecurring revenues. |
| 228 | (4)(a) Upon notification that one or more of the |
| 229 | conditions in subsection (1) have occurred or will occur if |
| 230 | action is not taken to assist the charter school exist, the |
| 231 | charter school sponsor or the sponsor's designee and the |
| 232 | Commissioner of Education shall contact the charter school |
| 233 | governing body to determine what actions have been taken by the |
| 234 | charter school governing body to resolve or prevent the |
| 235 | condition. The Commissioner of Education charter school sponsor |
| 236 | has the authority to require and approve a financial recovery |
| 237 | plan, to be prepared by the charter school governing body, |
| 238 | prescribing actions that will resolve or prevent the condition |
| 239 | cause the charter school to no longer be subject to this |
| 240 | section. The Department of Education shall establish guidelines |
| 241 | for developing such plans. |
| 242 | (b) Upon notification that one or more of the conditions |
| 243 | in subsection (1) have occurred or will occur if action is not |
| 244 | taken to assist the charter technical career center, the charter |
| 245 | technical career center sponsor or the sponsor's designee and |
| 246 | the Commissioner of Education shall contact the charter |
| 247 | technical career center governing body to determine what actions |
| 248 | have been taken by the governing body to resolve or prevent the |
| 249 | condition. The Commissioner of Education may require and approve |
| 250 | a financial recovery plan, to be prepared by the charter |
| 251 | technical career center governing body, prescribing actions that |
| 252 | will resolve or prevent the condition. |
| 253 | (c) The Commissioner of Education shall determine if the |
| 254 | charter school or charter technical career center needs a |
| 255 | financial recovery plan to resolve the condition. If the |
| 256 | Commissioner of Education determines that a financial recovery |
| 257 | plan is needed, the charter school or charter technical career |
| 258 | center is considered to be in a state of financial emergency. |
| 259 |
|
| 260 | The Department of Education, with the involvement of sponsors, |
| 261 | charter schools, and charter technical career centers, shall |
| 262 | establish guidelines for developing a financial recovery plan. |
| 263 | Section 6. Section 218.504, Florida Statutes, is amended |
| 264 | to read: |
| 265 | 218.504 Cessation of state action.--The Governor or the |
| 266 | Commissioner of Education, as appropriate, has the authority to |
| 267 | terminate all state actions pursuant to ss. 218.50-218.504. |
| 268 | Cessation of state action must not occur until the Governor or |
| 269 | the Commissioner of Education, as appropriate, has determined |
| 270 | that: |
| 271 | (1) The local governmental entity, charter school, charter |
| 272 | technical career center, or district school board: |
| 273 | (a) Has established and is operating an effective |
| 274 | financial accounting and reporting system. |
| 275 | (b) Has resolved the conditions outlined in s. 218.503(1). |
| 276 | (2) None of the conditions outlined in s. 218.503(1) |
| 277 | exists. |
| 278 | Section 7. Paragraph (b) of subsection (5), paragraphs |
| 279 | (a), (b), and (g) of subsection (6), paragraph (a) of subsection |
| 280 | (7), paragraphs (a) and (d) of subsection (8), paragraphs (g) |
| 281 | through (q) of subsection (9), paragraph (d) of subsection (10), |
| 282 | subsection (16), paragraph (a) of subsection (20), and |
| 283 | subsections (21) and (23) of section 1002.33, Florida Statutes, |
| 284 | are amended, present subsection (24) of that section is |
| 285 | renumbered as subsection (26), and new subsections (24) and (25) |
| 286 | are added to that section, to read: |
| 287 | 1002.33 Charter schools.-- |
| 288 | (5) SPONSOR; DUTIES.-- |
| 289 | (b) Sponsor duties.-- |
| 290 | 1.a. The sponsor shall monitor and review the charter |
| 291 | school in its progress toward the goals established in the |
| 292 | charter. |
| 293 | b. The sponsor shall monitor the revenues and expenditures |
| 294 | of the charter school and perform the duties provided in s. |
| 295 | 1002.345. |
| 296 | c. The sponsor may not deny approve a charter for a |
| 297 | charter school because before the applicant has not secured |
| 298 | space, equipment, or personnel, if the applicant indicates |
| 299 | approval is necessary for it to raise working funds. |
| 300 | d. The sponsor's policies shall not apply to a charter |
| 301 | school unless mutually agreed to by both the sponsor and the |
| 302 | charter school. |
| 303 | e. The sponsor shall ensure that the charter is innovative |
| 304 | and consistent with the state education goals established by s. |
| 305 | 1000.03(5). |
| 306 | f. The sponsor shall ensure that the charter school |
| 307 | participates in the state's education accountability system. If |
| 308 | a charter school falls short of performance measures included in |
| 309 | the approved charter, the sponsor shall report such shortcomings |
| 310 | to the Department of Education. |
| 311 | g. The sponsor shall not be liable for civil damages under |
| 312 | state law for personal injury, property damage, or death |
| 313 | resulting from an act or omission of an officer, employee, |
| 314 | agent, or governing body of the charter school. |
| 315 | h. The sponsor shall not be liable for civil damages under |
| 316 | state law for any employment actions taken by an officer, |
| 317 | employee, agent, or governing body of the charter school. |
| 318 | i. The sponsor's duties to monitor the charter school |
| 319 | shall not constitute the basis for a private cause of action. |
| 320 | j. The sponsor shall not impose additional reporting |
| 321 | requirements on a charter school without providing reasonable |
| 322 | and specific justification in writing to the charter school. |
| 323 | 2. Immunity for the sponsor of a charter school under |
| 324 | subparagraph 1. applies only with respect to acts or omissions |
| 325 | not under the sponsor's direct authority as described in this |
| 326 | section. |
| 327 | 3. Nothing contained in This paragraph does not waive |
| 328 | shall be considered a waiver of sovereign immunity by a district |
| 329 | school board's sovereign immunity board. |
| 330 | 4. A community college may work with the school district |
| 331 | or school districts in its designated service area to develop |
| 332 | charter schools that offer secondary education. These charter |
| 333 | schools must include an option for students to receive an |
| 334 | associate degree upon high school graduation. District school |
| 335 | boards shall cooperate with and assist the community college on |
| 336 | the charter application. Community college applications for |
| 337 | charter schools are not subject to the time deadlines outlined |
| 338 | in subsection (6) and may be approved by the district school |
| 339 | board at any time during the year. Community colleges may shall |
| 340 | not report FTE for any students who receive FTE funding through |
| 341 | the Florida Education Finance Program. |
| 342 | (6) APPLICATION PROCESS AND REVIEW.--Charter school |
| 343 | applications are subject to the following requirements: |
| 344 | (a) A person or entity wishing to open a charter school |
| 345 | shall prepare and submit an application on a model application |
| 346 | form prepared by the Department of Education which that: |
| 347 | 1. Demonstrates how the school will use the guiding |
| 348 | principles and meet the statutorily defined purpose of a charter |
| 349 | school. |
| 350 | 2. Provides a detailed curriculum plan that illustrates |
| 351 | how students will be provided services to attain the Sunshine |
| 352 | State Standards. |
| 353 | 3. Contains goals and objectives for improving student |
| 354 | learning and measuring that improvement. These goals and |
| 355 | objectives must indicate how much academic improvement students |
| 356 | are expected to show each year, how success will be evaluated, |
| 357 | and the specific results to be attained through instruction. |
| 358 | 4. Describes the reading curriculum and differentiated |
| 359 | strategies that will be used for students reading at grade level |
| 360 | or higher and a separate curriculum and strategies for students |
| 361 | who are reading below grade level. A sponsor shall deny a |
| 362 | charter if the school does not propose a reading curriculum that |
| 363 | is consistent with effective teaching strategies that are |
| 364 | grounded in scientifically based reading research. |
| 365 | 5. Contains an annual financial plan for each year |
| 366 | requested by the charter for operation of the school for up to 5 |
| 367 | years. This plan must contain anticipated fund balances based on |
| 368 | revenue projections, a spending plan based on projected revenues |
| 369 | and expenses, and a description of controls that will safeguard |
| 370 | finances and projected enrollment trends. |
| 371 | 6. Documents that the applicant has participated in the |
| 372 | training required in subparagraph (g)2. A sponsor may require an |
| 373 | applicant to provide additional information as an addendum to |
| 374 | the charter school application described in this paragraph. |
| 375 | (b) A sponsor shall receive and review all applications |
| 376 | for a charter school using an evaluation instrument developed by |
| 377 | the Department of Education. A sponsor may require an applicant |
| 378 | to provide additional information as an addendum to this |
| 379 | evaluation instrument. Beginning with the 2007-2008 school year, |
| 380 | a sponsor shall receive and consider charter school applications |
| 381 | received on or before August 1 of each calendar year for charter |
| 382 | schools to be opened at the beginning of the school district's |
| 383 | next school year, or to be opened at a time agreed to by the |
| 384 | applicant and the sponsor. A sponsor may receive applications |
| 385 | later than this date if it chooses. A sponsor may not charge an |
| 386 | applicant for a charter any fee for the processing or |
| 387 | consideration of an application, and a sponsor may not base its |
| 388 | consideration or approval of an application upon the promise of |
| 389 | future payment of any kind. |
| 390 | 1. In order to facilitate an accurate budget projection |
| 391 | process, a sponsor shall be held harmless for FTE students who |
| 392 | are not included in the FTE projection due to approval of |
| 393 | charter school applications after the FTE projection deadline. |
| 394 | In a further effort to facilitate an accurate budget projection, |
| 395 | within 15 calendar days after receipt of a charter school |
| 396 | application, a sponsor shall report to the Department of |
| 397 | Education the name of the applicant entity, the proposed charter |
| 398 | school location, and its projected FTE. |
| 399 | 2. In order to ensure fiscal responsibility, an |
| 400 | application for a charter school shall include a full accounting |
| 401 | of expected assets, a projection of expected sources and amounts |
| 402 | of income, including income derived from projected student |
| 403 | enrollments and from community support, and an expense |
| 404 | projection that includes full accounting of the costs of |
| 405 | operation, including start-up costs. |
| 406 | 3. A sponsor shall by a majority vote approve or deny an |
| 407 | application no later than 60 calendar days after the application |
| 408 | is received, unless the sponsor and the applicant mutually agree |
| 409 | in writing to temporarily postpone the vote to a specific date, |
| 410 | at which time the sponsor shall by a majority vote approve or |
| 411 | deny the application. If the sponsor fails to act on the |
| 412 | application, an applicant may appeal to the State Board of |
| 413 | Education as provided in paragraph (c). If an application is |
| 414 | denied, the sponsor shall, within 10 calendar days after such |
| 415 | denial, articulate in writing the specific reasons, based upon |
| 416 | good cause, supporting its denial of the charter application and |
| 417 | shall provide the letter of denial and supporting documentation |
| 418 | to the applicant and to the Department of Education supporting |
| 419 | those reasons. |
| 420 | 4. For budget projection purposes, the sponsor shall |
| 421 | report to the Department of Education the approval or denial of |
| 422 | a charter application within 10 calendar days after such |
| 423 | approval or denial. In the event of approval, the report to the |
| 424 | Department of Education shall include the final projected FTE |
| 425 | for the approved charter school. |
| 426 | 5. Upon approval of a charter application, the initial |
| 427 | startup shall commence with the beginning of the public school |
| 428 | calendar for the district in which the charter is granted unless |
| 429 | the sponsor allows a waiver of this subparagraph provision for |
| 430 | good cause. |
| 431 | (g)1. The Department of Education shall offer or arrange |
| 432 | for training and technical assistance to charter school |
| 433 | applicants in developing business plans and estimating costs and |
| 434 | income. This assistance shall address estimating startup costs, |
| 435 | projecting enrollment, and identifying the types and amounts of |
| 436 | state and federal financial assistance the charter school may |
| 437 | will be eligible to receive. The department may provide other |
| 438 | technical assistance to an applicant upon written request. |
| 439 | 2. A charter school applicant must participate in the |
| 440 | training provided by the Department of Education before filing |
| 441 | an application. However, a sponsor may require the charter |
| 442 | school applicant to attend training provided by the sponsor in |
| 443 | lieu of the department's training if the sponsor's training |
| 444 | standards meet or exceed the standards developed by the |
| 445 | Department of Education. The training shall include instruction |
| 446 | in accurate financial planning and good business practices. The |
| 447 | charter school principal, if he or she has been hired, and a |
| 448 | qualified representative of any management company or nonprofit |
| 449 | organization must also participate in the training if the |
| 450 | applicant intends to contract with such entity as part of its |
| 451 | application. |
| 452 | (7) CHARTER.--The major issues involving the operation of |
| 453 | a charter school shall be considered in advance and written into |
| 454 | the charter. The charter shall be signed by the governing body |
| 455 | of the charter school and the sponsor, following a public |
| 456 | hearing to ensure community input. |
| 457 | (a) The charter shall address, and criteria for approval |
| 458 | of the charter shall be based on: |
| 459 | 1. The school's mission, the students to be served, and |
| 460 | the ages and grades to be included. |
| 461 | 2. The focus of the curriculum, the instructional methods |
| 462 | to be used, any distinctive instructional techniques to be |
| 463 | employed, and identification and acquisition of appropriate |
| 464 | technologies needed to improve educational and administrative |
| 465 | performance which include a means for promoting safe, ethical, |
| 466 | and appropriate uses of technology which comply with legal and |
| 467 | professional standards. The charter shall ensure that reading is |
| 468 | a primary focus of the curriculum and that resources are |
| 469 | provided to identify and provide specialized instruction for |
| 470 | students who are reading below grade level. The curriculum and |
| 471 | instructional strategies for reading must be consistent with the |
| 472 | Sunshine State Standards and grounded in scientifically based |
| 473 | reading research. |
| 474 | 3. The current incoming baseline standard of student |
| 475 | academic achievement, the outcomes to be achieved, and the |
| 476 | method of measurement that will be used. The criteria listed in |
| 477 | this subparagraph shall include a detailed description for each |
| 478 | of the following: |
| 479 | a. How the baseline student academic achievement levels |
| 480 | and prior rates of academic progress will be established. |
| 481 | b. How these baseline rates will be compared to rates of |
| 482 | academic progress achieved by these same students while |
| 483 | attending the charter school. |
| 484 | c. To the extent possible, how these rates of progress |
| 485 | will be evaluated and compared with rates of progress of other |
| 486 | closely comparable student populations. |
| 487 |
|
| 488 | The district school board is required to provide academic |
| 489 | student performance data to charter schools for each of their |
| 490 | students coming from the district school system, as well as |
| 491 | rates of academic progress of comparable student populations in |
| 492 | the district school system. |
| 493 | 4. The methods used to identify the educational strengths |
| 494 | and needs of students and how well educational goals and |
| 495 | performance standards are met by students attending the charter |
| 496 | school. Included in The methods shall provide is a means for the |
| 497 | charter school to ensure accountability to its constituents by |
| 498 | analyzing student performance data and by evaluating the |
| 499 | effectiveness and efficiency of its major educational programs. |
| 500 | Students in charter schools shall, at a minimum, participate in |
| 501 | the statewide assessment program created under s. 1008.22. |
| 502 | 5. In secondary charter schools, a method for determining |
| 503 | that a student has satisfied the requirements for graduation in |
| 504 | s. 1003.428, s. 1003.429, or s. 1003.43. |
| 505 | 6. A method for resolving conflicts between the governing |
| 506 | body of the charter school and the sponsor. |
| 507 | 7. The admissions procedures and dismissal procedures, |
| 508 | including the school's code of student conduct. |
| 509 | 8. The ways by which the school will achieve a |
| 510 | racial/ethnic balance reflective of the community it serves or |
| 511 | within the racial/ethnic range of other public schools in the |
| 512 | same school district. |
| 513 | 9. The financial and administrative management of the |
| 514 | school, including a reasonable demonstration of the professional |
| 515 | experience or competence of those individuals or organizations |
| 516 | applying to operate the charter school or those hired or |
| 517 | retained to perform such professional services and the |
| 518 | description of clearly delineated responsibilities and the |
| 519 | policies and practices needed to effectively manage the charter |
| 520 | school. A description of internal audit procedures and |
| 521 | establishment of controls to ensure that financial resources are |
| 522 | properly managed must be included. Both public sector and |
| 523 | private sector professional experience shall be equally valid in |
| 524 | such a consideration. |
| 525 | 10. The asset and liability projections required in the |
| 526 | application which are incorporated into the charter and which |
| 527 | shall be compared with information provided in the annual report |
| 528 | of the charter school. The charter shall ensure that, if a |
| 529 | charter school internal audit or annual financial audit reveals |
| 530 | a state of financial emergency as defined in s. 218.503 or |
| 531 | deficit financial position, the auditors are required to notify |
| 532 | the charter school governing board, the sponsor, and the |
| 533 | Department of Education. The internal auditor shall report such |
| 534 | findings in the form of an exit interview to the principal or |
| 535 | the principal administrator of the charter school and the chair |
| 536 | of the governing board within 7 working days after finding the |
| 537 | state of financial emergency or deficit position. A final report |
| 538 | shall be provided to the entire governing board, the sponsor, |
| 539 | and the Department of Education within 14 working days after the |
| 540 | exit interview. When a charter school is in a state of financial |
| 541 | emergency, the charter school shall file a detailed financial |
| 542 | recovery plan with the sponsor. The department, with the |
| 543 | involvement of both sponsors and charter schools, shall |
| 544 | establish guidelines for developing such plans. |
| 545 | 11. A description of procedures that identify various |
| 546 | risks and provide for a comprehensive approach to reduce the |
| 547 | impact of losses; plans to ensure the safety and security of |
| 548 | students and staff; plans to identify, minimize, and protect |
| 549 | others from violent or disruptive student behavior; and the |
| 550 | manner in which the school will be insured, including whether or |
| 551 | not the school will be required to have liability insurance, |
| 552 | and, if so, the terms and conditions thereof and the amounts of |
| 553 | coverage. |
| 554 | 12. The term of the charter which shall provide for |
| 555 | cancellation of the charter if insufficient progress has been |
| 556 | made in attaining the student achievement objectives of the |
| 557 | charter and if it is not likely that such objectives can be |
| 558 | achieved before expiration of the charter. The initial term of a |
| 559 | charter shall be for 4 or 5 years. In order to facilitate access |
| 560 | to long-term financial resources for charter school |
| 561 | construction, charter schools that are operated by a |
| 562 | municipality or other public entity as provided by law are |
| 563 | eligible for up to a 15-year charter, subject to approval by the |
| 564 | district school board. A charter lab school is eligible for a |
| 565 | charter for a term of up to 15 years. In addition, to facilitate |
| 566 | access to long-term financial resources for charter school |
| 567 | construction, charter schools that are operated by a private, |
| 568 | not-for-profit, s. 501(c)(3) status corporation are eligible for |
| 569 | up to a 15-year charter, subject to approval by the district |
| 570 | school board. Such long-term charters remain subject to annual |
| 571 | review and may be terminated during the term of the charter, but |
| 572 | only according to the provisions set forth in subsection (8). |
| 573 | 13. The facilities to be used and their location. |
| 574 | 14. The qualifications to be required of the teachers and |
| 575 | the potential strategies used to recruit, hire, train, and |
| 576 | retain qualified staff to achieve best value. |
| 577 | 15. The governance structure of the school, including the |
| 578 | status of the charter school as a public or private employer as |
| 579 | required in paragraph (12)(i). |
| 580 | 16. A timetable for implementing the charter which |
| 581 | addresses the implementation of each element thereof and the |
| 582 | date by which the charter shall be awarded in order to meet this |
| 583 | timetable. |
| 584 | 17. In the case of an existing public school that is being |
| 585 | converted to charter status, alternative arrangements for |
| 586 | current students who choose not to attend the charter school and |
| 587 | for current teachers who choose not to teach in the charter |
| 588 | school after conversion in accordance with the existing |
| 589 | collective bargaining agreement or district school board rule in |
| 590 | the absence of a collective bargaining agreement. However, |
| 591 | alternative arrangements shall not be required for current |
| 592 | teachers who choose not to teach in a charter lab school, except |
| 593 | as authorized by the employment policies of the state university |
| 594 | which grants the charter to the lab school. |
| 595 | 18. Full disclosure of the identity of all relatives |
| 596 | employed by the charter school who are related to the charter |
| 597 | school owner, president, chair of the governing board of |
| 598 | directors, superintendent, governing board member, principal, |
| 599 | assistant principal, or any other person employed by the charter |
| 600 | school who has equivalent decisionmaking authority. For the |
| 601 | purpose of this subparagraph, the term "relative" means father, |
| 602 | mother, son, daughter, brother, sister, uncle, aunt, first |
| 603 | cousin, nephew, niece, husband, wife, father-in-law, mother-in- |
| 604 | law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, |
| 605 | stepfather, stepmother, stepson, stepdaughter, stepbrother, |
| 606 | stepsister, half brother, or half sister. |
| 607 | (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.-- |
| 608 | (a)1. The sponsor may choose not to renew or may terminate |
| 609 | the charter for any of the following grounds: |
| 610 | a.1. Failure to participate in the state's education |
| 611 | accountability system created in s. 1008.31, as required in this |
| 612 | section, or failure to meet the requirements for student |
| 613 | performance stated in the charter. |
| 614 | b.2. Failure to meet generally accepted standards of |
| 615 | fiscal management. |
| 616 | c.3. Violation of law. |
| 617 | 2. The sponsor may show other good cause not to renew or |
| 618 | to terminate a charter to the Commissioner of Education who may |
| 619 | terminate the charter on this basis. |
| 620 | 4. Other good cause shown. |
| 621 | (d) A charter may be terminated immediately if the sponsor |
| 622 | determines that good cause has been shown or if the health, |
| 623 | safety, or welfare of the students is threatened. The sponsor's |
| 624 | determination is not subject to an informal hearing under |
| 625 | paragraph (b) or pursuant to chapter 120. The sponsor shall |
| 626 | notify in writing the charter school's governing body, the |
| 627 | charter school principal, and the department if a charter is |
| 628 | immediately terminated. The sponsor shall clearly identify the |
| 629 | specific issues that resulted in the immediate termination and |
| 630 | provide evidence of prior notification of issues resulting in |
| 631 | the immediate termination when appropriate. The school district |
| 632 | in which the charter school is located shall assume operation of |
| 633 | the school under these circumstances. The charter school's |
| 634 | governing board may, within 30 days after receiving the |
| 635 | sponsor's decision to terminate the charter, appeal the decision |
| 636 | pursuant to the procedure established in subsection (6). |
| 637 | (9) CHARTER SCHOOL REQUIREMENTS.-- |
| 638 | (g) A charter school shall provide for an annual financial |
| 639 | audit in accordance with s. 218.39. Financial audits that reveal |
| 640 | a state of financial emergency as defined in s. 218.503 and are |
| 641 | conducted by a certified public accountant or auditor in |
| 642 | accordance with s. 218.39 shall be provided to the governing |
| 643 | body of the charter school within 7 working days after finding |
| 644 | that a state of financial emergency exists. When a charter |
| 645 | school is found to be in a state of financial emergency by a |
| 646 | certified public accountant or auditor, the charter school must |
| 647 | file a detailed financial recovery plan with the sponsor within |
| 648 | 30 days after receipt of the audit. |
| 649 | (g)(h) In order to provide financial information that is |
| 650 | comparable to that reported for other public schools, charter |
| 651 | schools are to maintain all financial records that which |
| 652 | constitute their accounting system: |
| 653 | 1. In accordance with the accounts and codes prescribed in |
| 654 | the most recent issuance of the publication titled "Financial |
| 655 | and Program Cost Accounting and Reporting for Florida Schools"; |
| 656 | or |
| 657 | 2. At the discretion of the charter school governing |
| 658 | board, a charter school may elect to follow generally accepted |
| 659 | accounting standards for not-for-profit organizations, but must |
| 660 | reformat this information for reporting according to this |
| 661 | paragraph. |
| 662 |
|
| 663 | Charter schools shall provide annual financial report and |
| 664 | program cost report information in the state-required formats |
| 665 | for inclusion in district reporting in compliance with s. |
| 666 | 1011.60(1). Charter schools that are operated by a municipality |
| 667 | or are a component unit of a parent nonprofit organization may |
| 668 | use the accounting system of the municipality or the parent but |
| 669 | must reformat this information for reporting according to this |
| 670 | paragraph. A charter school shall provide a monthly financial |
| 671 | statement to the sponsor during their initial contract. Upon |
| 672 | renewal of the charter or at the request of the sponsor, a |
| 673 | charter school shall provide the financial statement to the |
| 674 | sponsor on a quarterly basis. The content and form of the |
| 675 | monthly financial statement shall be prescribed by the |
| 676 | Department of Education. |
| 677 | (h)(i) The governing board of the charter school shall |
| 678 | annually adopt and maintain an operating budget. |
| 679 | (i)(j) The governing body of the charter school shall |
| 680 | exercise continuing oversight over charter school operations. |
| 681 | (j)(k) The governing body of the charter school shall be |
| 682 | responsible for: |
| 683 | 1. Ensuring that the charter school has retained the |
| 684 | services of a certified public accountant or auditor for the |
| 685 | annual financial audit, pursuant to s. 1002.345(2) paragraph |
| 686 | (g), who shall submit the report to the governing body. |
| 687 | 2. Reviewing and approving the audit report, including |
| 688 | audit findings and recommendations for the financial recovery |
| 689 | plan. |
| 690 | 3.a. Performing the duties in s. 1002.345, including |
| 691 | monitoring a corrective action plan. |
| 692 | b. Monitoring a financial recovery plan in order to ensure |
| 693 | compliance. |
| 694 | 4. Participating in governance training approved by the |
| 695 | department which that must include government in the sunshine, |
| 696 | conflicts of interest, ethics, and financial responsibility. |
| 697 | Members of the governing body shall not be required to attend |
| 698 | governance training more than once. New members are required to |
| 699 | participate in the training within 6 months after beginning |
| 700 | their role as a governing board member. |
| 701 | (k)(l) The governing body of the charter school shall |
| 702 | report its progress annually to its sponsor, which shall forward |
| 703 | the report to the Commissioner of Education at the same time as |
| 704 | other annual school accountability reports. The Department of |
| 705 | Education shall develop a uniform, online annual accountability |
| 706 | report to be completed by charter schools. This report shall be |
| 707 | easy to utilize and contain demographic information, student |
| 708 | performance data, and financial accountability information. A |
| 709 | charter school shall not be required to provide information and |
| 710 | data that is duplicative and already in the possession of the |
| 711 | department. The Department of Education shall include in its |
| 712 | compilation a notation if a school failed to file its report by |
| 713 | the deadline established by the department. The report shall |
| 714 | include at least the following components: |
| 715 | 1. Student achievement performance data, including the |
| 716 | information required for the annual school report and the |
| 717 | education accountability system governed by ss. 1008.31 and |
| 718 | 1008.345. Charter schools are subject to the same accountability |
| 719 | requirements as other public schools, including reports of |
| 720 | student achievement information that links baseline student data |
| 721 | to the school's performance projections identified in the |
| 722 | charter. The charter school shall identify reasons for any |
| 723 | difference between projected and actual student performance. |
| 724 | 2. Financial status of the charter school which must |
| 725 | include revenues and expenditures at a level of detail that |
| 726 | allows for analysis of the charter school's ability to meet |
| 727 | financial obligations and timely repayment of debt. |
| 728 | 3. Documentation of the facilities in current use and any |
| 729 | planned facilities for use by the charter school for instruction |
| 730 | of students, administrative functions, or investment purposes. |
| 731 | 4. Descriptive information about the charter school's |
| 732 | personnel, including salary and benefit levels of charter school |
| 733 | employees, the proportion of instructional personnel who hold |
| 734 | professional or temporary certificates, and the proportion of |
| 735 | instructional personnel teaching in-field or out-of-field. |
| 736 | (l)(m) A charter school shall not levy taxes or issue |
| 737 | bonds secured by tax revenues. |
| 738 | (m)(n) A charter school shall provide instruction for at |
| 739 | least the number of days required by law for other public |
| 740 | schools, and may provide instruction for additional days. |
| 741 | (n)(o) The director and a representative of the governing |
| 742 | body of a charter school that has received a school grade of "D" |
| 743 | under s. 1008.34(2) shall appear before the sponsor or the |
| 744 | sponsor's staff at least once a year to present information |
| 745 | concerning each contract component having noted deficiencies. |
| 746 | The sponsor shall communicate at the meeting, and in writing to |
| 747 | the director, the services provided to the school to help the |
| 748 | school address its deficiencies. |
| 749 | (o)(p) Upon notification that a charter school receives a |
| 750 | school grade of "D" for 2 consecutive years or a school grade of |
| 751 | "F" under s. 1008.34(2), the charter school sponsor or the |
| 752 | sponsor's staff shall require the director and a representative |
| 753 | of the governing body to submit to the sponsor for approval a |
| 754 | school improvement plan to raise student achievement and to |
| 755 | implement the plan. The sponsor has the authority to approve a |
| 756 | school improvement plan that the charter school will implement |
| 757 | in the following school year. The sponsor may also consider the |
| 758 | State Board of Education's recommended action pursuant to s. |
| 759 | 1008.33(1) as part of the school improvement plan. The |
| 760 | Department of Education shall offer technical assistance and |
| 761 | training to the charter school and its governing body and |
| 762 | establish guidelines for developing, submitting, and approving |
| 763 | such plans. |
| 764 | 1. If the charter school fails to improve its student |
| 765 | performance from the year immediately prior to the |
| 766 | implementation of the school improvement plan, the sponsor shall |
| 767 | place the charter school on probation and shall require the |
| 768 | charter school governing body to take one of the following |
| 769 | corrective actions: |
| 770 | a. Contract for the educational services of the charter |
| 771 | school; |
| 772 | b. Reorganize the school at the end of the school year |
| 773 | under a new director or principal who is authorized to hire new |
| 774 | staff and implement a plan that addresses the causes of |
| 775 | inadequate progress; or |
| 776 | c. Reconstitute the charter school. |
| 777 | 2. A charter school that is placed on probation shall |
| 778 | continue the corrective actions required under subparagraph 1. |
| 779 | until the charter school improves its student performance from |
| 780 | the year prior to the implementation of the school improvement |
| 781 | plan. |
| 782 | 3. Notwithstanding any provision of this paragraph, the |
| 783 | sponsor may terminate the charter at any time pursuant to the |
| 784 | provisions of subsection (8). |
| 785 | (p)(q) The director and a representative of the governing |
| 786 | body of a graded charter school that has submitted a school |
| 787 | improvement plan or has been placed on probation under paragraph |
| 788 | (o) (p) shall appear before the sponsor or the sponsor's staff |
| 789 | at least once a year to present information regarding the |
| 790 | corrective strategies that are being implemented by the school |
| 791 | pursuant to the school improvement plan. The sponsor shall |
| 792 | communicate at the meeting, and in writing to the director, the |
| 793 | services provided to the school to help the school address its |
| 794 | deficiencies. |
| 795 | (10) ELIGIBLE STUDENTS.-- |
| 796 | (d) A charter school may give enrollment preference to the |
| 797 | following student populations: |
| 798 | 1. Students who are siblings of a student enrolled in the |
| 799 | charter school. |
| 800 | 2. Students who are the children of a member of the |
| 801 | governing board of the charter school. |
| 802 | 3. Students who are the children of an employee of the |
| 803 | charter school. |
| 804 | (16) EXEMPTION FROM STATUTES.-- |
| 805 | (a) A charter school shall operate in accordance with its |
| 806 | charter and shall be exempt from all statutes in chapters 1000- |
| 807 | 1013. However, a charter school shall be in compliance with the |
| 808 | following statutes in chapters 1000-1013: |
| 809 | 1. Those statutes specifically applying to charter |
| 810 | schools, including this section. |
| 811 | 2. Those statutes pertaining to the student assessment |
| 812 | program and school grading system. |
| 813 | 3. Those statutes pertaining to the provision of services |
| 814 | to students with disabilities. |
| 815 | 4. Those statutes pertaining to civil rights, including s. |
| 816 | 1000.05, relating to discrimination. |
| 817 | 5. Those statutes pertaining to student health, safety, |
| 818 | and welfare. |
| 819 | 6. Those statutes pertaining to the constitutional class |
| 820 | size maximums pursuant to s. 1, Art. IX of the State |
| 821 | Constitution, including s. 1003.03. |
| 822 | (b) Additionally, a charter school shall be in compliance |
| 823 | with the following statutes: |
| 824 | 1. Section 286.011, relating to public meetings and |
| 825 | records, public inspection, and criminal and civil penalties. |
| 826 | 2. Chapter 119, relating to public records. |
| 827 | (20) SERVICES.-- |
| 828 | (a)1. A sponsor shall provide certain administrative and |
| 829 | educational services to charter schools. These services shall |
| 830 | include contract management services; full-time equivalent and |
| 831 | data reporting services; exceptional student education |
| 832 | administration services; services related to eligibility and |
| 833 | reporting duties required to ensure that school lunch services |
| 834 | under the federal lunch program, consistent with the needs of |
| 835 | the charter school, are provided by the school district at the |
| 836 | request of the charter school; test administration services, |
| 837 | including payment of the costs of state-required or district- |
| 838 | required student assessments; processing of teacher certificate |
| 839 | data services; and information services, including equal access |
| 840 | to student information systems that are used by public schools |
| 841 | in the district in which the charter school is located. Student |
| 842 | performance data for each student in a charter school, |
| 843 | including, but not limited to, FCAT scores, standardized test |
| 844 | scores, previous public school student report cards, and student |
| 845 | performance measures, shall be provided by the sponsor to a |
| 846 | charter school in the same manner provided to other public |
| 847 | schools in the district. |
| 848 | 2. A total administrative fee for the provision of such |
| 849 | services under subparagraph 1. shall be calculated based upon up |
| 850 | to 5 percent of the available funds defined in paragraph (17)(b) |
| 851 | for all students. However, a sponsor may only withhold up to a |
| 852 | 5-percent administrative fee for enrollment for up to and |
| 853 | including 500 students. For charter schools with a population of |
| 854 | 501 or more students, the difference between the total |
| 855 | administrative fee calculation and the amount of the |
| 856 | administrative fee withheld may only be used for capital outlay |
| 857 | purposes specified in s. 1013.62(2). Each charter school shall |
| 858 | receive 100 percent of the funds awarded to that school pursuant |
| 859 | to s. 1012.225. Sponsors shall not charge charter schools any |
| 860 | additional fees or surcharges for administrative and educational |
| 861 | services in addition to the maximum 5-percent administrative fee |
| 862 | withheld pursuant to this subparagraph paragraph. |
| 863 | (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.-- |
| 864 | (a) The Department of Education shall provide information |
| 865 | to the public, directly and through sponsors, both on how to |
| 866 | form and operate a charter school and on how to enroll in a |
| 867 | charter school schools once it is they are created. This |
| 868 | information shall include a standard application format, charter |
| 869 | format, evaluation instrument, and charter renewal format, which |
| 870 | shall include the information specified in subsection (7) and |
| 871 | shall be developed by consulting and negotiating with both |
| 872 | school districts and charter schools before implementation. The |
| 873 | charter and charter renewal These formats shall be used as |
| 874 | guidelines by charter school sponsors. |
| 875 | (b)1. The Department of Education shall report student |
| 876 | assessment data pursuant to s. 1008.34(3)(c) which is reported |
| 877 | to schools that receive a school grade or student assessment |
| 878 | data pursuant to s. 1008.341(3) which is reported to alternative |
| 879 | schools that receive a school improvement rating to each charter |
| 880 | school that: |
| 881 | a. Does not receive a school grade pursuant to s. 1008.34 |
| 882 | or a school improvement rating pursuant to s. 1008.341; and |
| 883 | b. Serves at least 10 students who are tested on the |
| 884 | statewide assessment test pursuant to s. 1008.22. |
| 885 | 2. The charter school shall report the information in |
| 886 | subparagraph 1. to each parent of a student at the charter |
| 887 | school, the district in which the charter school is located, and |
| 888 | the governing board of the charter school. This paragraph does |
| 889 | not abrogate the provisions of s. 1002.22, relating to student |
| 890 | records, or the requirements of 20 U.S.C. s. 1232g, the Family |
| 891 | Educational Rights and Privacy Act. |
| 892 | 3.a. Pursuant to this paragraph, the Department of |
| 893 | Education shall compare the charter school student performance |
| 894 | data for each charter school in subparagraph 1. with the student |
| 895 | performance data in traditional public schools in the district |
| 896 | in which the charter school is located and other charter schools |
| 897 | in the state with substantially similar demographics in |
| 898 | ethnicity, exceptional student education, English for Speakers |
| 899 | of Other Languages, and free and reduced-price lunch |
| 900 | populations. For alternative charter schools, the department |
| 901 | shall compare the student performance data described in this |
| 902 | paragraph with alternative schools in the state with |
| 903 | substantially similar demographics in ethnicity, exceptional |
| 904 | student education, English for Speakers of Other Languages, and |
| 905 | free and reduced-price lunch populations. |
| 906 | b. Each charter school shall provide the information |
| 907 | specified in this paragraph on its Internet website and also |
| 908 | provide notice to the public at large in a manner provided by |
| 909 | the rules of the State Board of Education. The State Board of |
| 910 | Education shall adopt rules to administer the notice |
| 911 | requirements of this subparagraph. The website shall include, |
| 912 | through links or actual content, other information related to |
| 913 | school performance. |
| 914 | (23) ANALYSIS OF CHARTER SCHOOL PERFORMANCE.--Upon receipt |
| 915 | of the annual report required by paragraph (9)(k) (9)(l), the |
| 916 | Department of Education shall provide to the State Board of |
| 917 | Education, the Commissioner of Education, the Governor, the |
| 918 | President of the Senate, and the Speaker of the House of |
| 919 | Representatives an analysis and comparison of the overall |
| 920 | performance of charter school students, to include all students |
| 921 | whose scores are counted as part of the statewide assessment |
| 922 | program, versus comparable public school students in the |
| 923 | district as determined by the statewide assessment program |
| 924 | currently administered in the school district, and other |
| 925 | assessments administered pursuant to s. 1008.22(3). |
| 926 | (24) RESTRICTION ON EMPLOYMENT OF RELATIVES.-- |
| 927 | (a) This subsection applies to charter school personnel in |
| 928 | a charter school operated by a private entity. Charter school |
| 929 | personnel in schools operated by a municipality or other public |
| 930 | entity are subject to s. 112.3135. As used in this subsection, |
| 931 | the term: |
| 932 | 1. "Charter school personnel" means a charter school |
| 933 | owner, president, chair of the governing board of directors, |
| 934 | superintendent, governing board member, principal, assistant |
| 935 | principal, or any other person employed by the charter school |
| 936 | who has equivalent decisionmaking authority and in whom is |
| 937 | vested the authority, or to whom the authority has been |
| 938 | delegated, to appoint, employ, promote, or advance individuals |
| 939 | or to recommend individuals for appointment, employment, |
| 940 | promotion, or advancement in connection with employment in a |
| 941 | charter school, including the authority as a member of a |
| 942 | governing board of a charter school to vote on the appointment, |
| 943 | employment, promotion, or advancement of individuals. |
| 944 | 2. "Relative" means father, mother, son, daughter, |
| 945 | brother, sister, uncle, aunt, first cousin, nephew, niece, |
| 946 | husband, wife, father-in-law, mother-in-law, son-in-law, |
| 947 | daughter-in-law, brother-in-law, sister-in-law, stepfather, |
| 948 | stepmother, stepson, stepdaughter, stepbrother, stepsister, half |
| 949 | brother, or half sister. |
| 950 | (b)1. Charter school personnel may not knowingly recommend |
| 951 | or engage in the appointment, employment, promotion, or |
| 952 | advancement of an individual or employee into a position at a |
| 953 | work location if that action will create a situation in which |
| 954 | one employee will be responsible for the direct supervision of, |
| 955 | or exercise jurisdiction or control over, another employee who |
| 956 | is a relative. |
| 957 | 2. The Commissioner of Education or the charter school's |
| 958 | sponsor may grant a waiver of subparagraph 1. if such |
| 959 | prohibition would cause an undue hardship to students or would |
| 960 | seriously disrupt a charter school's operations. |
| 961 | 3. This paragraph does not prohibit the employment of |
| 962 | relatives at the same work location as long as subparagraph 1. |
| 963 | is not violated. |
| 964 | 4. The approval of budgets does not constitute |
| 965 | "jurisdiction or control" for the purposes of this paragraph. |
| 966 | (25) STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.-- |
| 967 | (a) A member of a governing board of a charter school, |
| 968 | including a charter school operated by a private entity, is |
| 969 | subject to ss. 112.313(2), (3), (7), and (12) and 112.3143(3). |
| 970 | (b) A member of a governing board of a charter school |
| 971 | operated by a municipality or other public entity is subject to |
| 972 | s. 112.3144, which relates to the disclosure of financial |
| 973 | interests. |
| 974 | Section 8. Subsections (4) and (5), paragraphs (d) and (f) |
| 975 | of subsection (6), paragraph (c) of subsection (10), paragraph |
| 976 | (f) of subsection (11), and subsection (13) of section 1002.34, |
| 977 | Florida Statutes, are amended to read: |
| 978 | 1002.34 Charter technical career centers.-- |
| 979 | (4) CHARTER.--A sponsor may designate centers as provided |
| 980 | in this section. An application to establish a center may be |
| 981 | submitted by a sponsor or another organization that is |
| 982 | determined, by rule of the State Board of Education, to be |
| 983 | appropriate. However, an independent school is not eligible for |
| 984 | status as a center. The charter must be signed by the governing |
| 985 | body of the center and the sponsor, and must be approved by the |
| 986 | district school board and community college board of trustees in |
| 987 | whose geographic region the facility is located. If a charter |
| 988 | technical career center is established by the conversion to |
| 989 | charter status of a public technical center formerly governed by |
| 990 | a district school board, the charter status of that center takes |
| 991 | precedence in any question of governance. The governance of the |
| 992 | center or of any program within the center remains with its |
| 993 | board of directors unless the board agrees to a change in |
| 994 | governance or its charter is revoked as provided in subsection |
| 995 | (15). Such a conversion charter technical career center is not |
| 996 | affected by a change in the governance of public technical |
| 997 | centers or of programs within other centers that are or have |
| 998 | been governed by district school boards. A charter technical |
| 999 | career center, or any program within such a center, that was |
| 1000 | governed by a district school board and transferred to a |
| 1001 | community college prior to the effective date of this act is not |
| 1002 | affected by this provision. An applicant who wishes to establish |
| 1003 | a center must submit to the district school board or community |
| 1004 | college board of trustees, or a consortium of one or more of |
| 1005 | each, an application on a form developed by the Department of |
| 1006 | Education which that includes: |
| 1007 | (a) The name of the proposed center. |
| 1008 | (b) The proposed structure of the center, including a list |
| 1009 | of proposed members of the board of directors or a description |
| 1010 | of the qualifications for and method of their appointment or |
| 1011 | election. |
| 1012 | (c) The workforce development goals of the center, the |
| 1013 | curriculum to be offered, and the outcomes and the methods of |
| 1014 | assessing the extent to which the outcomes are met. |
| 1015 | (d) The admissions policy and criteria for evaluating the |
| 1016 | admission of students. |
| 1017 | (e) A description of the staff responsibilities and the |
| 1018 | proposed qualifications of the teaching staff. |
| 1019 | (f) A description of the procedures to be implemented to |
| 1020 | ensure significant involvement of representatives of business |
| 1021 | and industry in the operation of the center. |
| 1022 | (g) A method for determining whether a student has |
| 1023 | satisfied the requirements for graduation specified in s. |
| 1024 | 1003.43 and for completion of a postsecondary certificate or |
| 1025 | degree. |
| 1026 | (h) A method for granting secondary and postsecondary |
| 1027 | diplomas, certificates, and degrees. |
| 1028 | (i) A description of and address for the physical facility |
| 1029 | in which the center will be located. |
| 1030 | (j) A method for of resolving conflicts between the |
| 1031 | governing body of the center and the sponsor and between |
| 1032 | consortium members, if applicable. |
| 1033 | (k) A method for reporting student data as required by law |
| 1034 | and rule. |
| 1035 | (l) A statement that the applicant has participated in the |
| 1036 | training provided by the Department of Education. |
| 1037 | (m) The identity of all relatives employed by the charter |
| 1038 | technical career center who are related to the center owner, |
| 1039 | president, chair of the governing board of directors, |
| 1040 | superintendent, governing board member, principal, assistant |
| 1041 | principal, or any other person employed by the center who has |
| 1042 | equivalent decisionmaking authority. As used in this paragraph, |
| 1043 | the term "relative" means father, mother, son, daughter, |
| 1044 | brother, sister, uncle, aunt, first cousin, nephew, niece, |
| 1045 | husband, wife, father-in-law, mother-in-law, son-in-law, |
| 1046 | daughter-in-law, brother-in-law, sister-in-law, stepfather, |
| 1047 | stepmother, stepson, stepdaughter, stepbrother, stepsister, half |
| 1048 | brother, or half sister. |
| 1049 | (n)(l) Other information required by the district school |
| 1050 | board or community college board of trustees. |
| 1051 |
|
| 1052 | Students at a center must meet the same testing and academic |
| 1053 | performance standards as those established by law and rule for |
| 1054 | students at public schools and public technical centers. The |
| 1055 | students must also meet any additional assessment indicators |
| 1056 | that are included within the charter approved by the district |
| 1057 | school board or community college board of trustees. |
| 1058 | (5) APPLICATION.--An application to establish a center |
| 1059 | must be submitted by February 1 of the year preceding the school |
| 1060 | year in which the center will begin operation. The sponsor must |
| 1061 | review the application using an evaluation instrument developed |
| 1062 | by the Department of Education and make a final decision on |
| 1063 | whether to approve the application and grant the charter by |
| 1064 | March 1, and may condition the granting of a charter on the |
| 1065 | center's taking certain actions or maintaining certain |
| 1066 | conditions. Such actions and conditions must be provided to the |
| 1067 | applicant in writing. The district school board or community |
| 1068 | college board of trustees is not required to issue a charter to |
| 1069 | any person. |
| 1070 | (6) SPONSOR.--A district school board or community college |
| 1071 | board of trustees or a consortium of one or more of each may |
| 1072 | sponsor a center in the county in which the board has |
| 1073 | jurisdiction. |
| 1074 | (d)1. The Department of Education shall offer or arrange |
| 1075 | for training and technical assistance to applicants in |
| 1076 | developing business plans and estimating costs and income. This |
| 1077 | assistance shall address estimating startup costs, projecting |
| 1078 | enrollment, and identifying the types and amounts of state and |
| 1079 | federal financial assistance the center may be eligible to |
| 1080 | receive. The training shall include instruction in accurate |
| 1081 | financial planning and good business practices. |
| 1082 | 2. An applicant must participate in the training provided |
| 1083 | by the Department of Education before filing an application. The |
| 1084 | Department of Education may provide technical assistance to an |
| 1085 | applicant upon written request. |
| 1086 | (f) The sponsor shall monitor and review the center's |
| 1087 | progress toward charter goals and shall monitor the center's |
| 1088 | revenues and expenditures. The sponsor shall perform the duties |
| 1089 | provided in s. 1002.345. |
| 1090 | (10) EXEMPTION FROM STATUTES.-- |
| 1091 | (c) A center must comply with the antidiscrimination |
| 1092 | provisions in of s. 1000.05 and the provisions in s. 1002.33(24) |
| 1093 | which relate to the employment of relatives. |
| 1094 | (11) FUNDING.-- |
| 1095 | (f) A center shall provide for an annual financial audit |
| 1096 | in accordance with s. 218.39. A center shall provide a monthly |
| 1097 | financial statement to the sponsor. The content and form of the |
| 1098 | monthly financial statement shall be prescribed by the |
| 1099 | Department of Education. |
| 1100 | (13) BOARD OF DIRECTORS AUTHORITY.--The board of directors |
| 1101 | of a center may decide matters relating to the operation of the |
| 1102 | school, including budgeting, curriculum, and operating |
| 1103 | procedures, subject to the center's charter. The board of |
| 1104 | directors is responsible for performing the duties provided in |
| 1105 | s. 1002.345, including monitoring the corrective action plan. |
| 1106 | The board of directors must comply with s. 1002.33(25). |
| 1107 | Section 9. Section 1002.345, Florida Statutes, is created |
| 1108 | to read: |
| 1109 | 1002.345 Determination of deteriorating financial |
| 1110 | conditions and financial emergencies for charter schools and |
| 1111 | charter technical career centers.--This section applies to |
| 1112 | charter schools operating pursuant to s. 1002.33 and to charter |
| 1113 | technical career centers operating pursuant to s. 1002.34. |
| 1114 | (1) EXPEDITED REVIEW; REQUIREMENTS.-- |
| 1115 | (a) A charter school or a charter technical career center |
| 1116 | is subject to an expedited review by the sponsor if one of the |
| 1117 | following occurs: |
| 1118 | 1. Failure to provide for an audit required by s. 218.39. |
| 1119 | 2. Failure to comply with reporting requirements pursuant |
| 1120 | to s. 1002.33(9) or s. 1002.34(11)(f) or (14). |
| 1121 | 3. A deteriorating financial condition identified through |
| 1122 | an annual audit pursuant to s. 218.39(5) or a monthly financial |
| 1123 | statement pursuant to s. 1002.33(9)(g) or s. 1002.34(11)(f). |
| 1124 | "Deteriorating financial condition" means a circumstance that |
| 1125 | significantly impairs the ability of a charter school or a |
| 1126 | charter technical career center to generate enough revenues to |
| 1127 | meet its expenditures without causing the occurrence of a |
| 1128 | condition described in s. 218.503(1). |
| 1129 | 4. Notification pursuant to s. 218.503(2) that one or more |
| 1130 | of the conditions specified in s. 218.503(1) have occurred or |
| 1131 | will occur if action is not taken to assist the charter school |
| 1132 | or charter technical career center. |
| 1133 | (b) A sponsor shall notify the governing board within 7 |
| 1134 | business days after one or more of the conditions specified in |
| 1135 | paragraph (a) occur. |
| 1136 | (c) The governing board and the sponsor shall develop a |
| 1137 | corrective action plan and file the plan with the Commissioner |
| 1138 | of Education within 30 business days after notification is |
| 1139 | received as provided in paragraph (b). If the governing board |
| 1140 | and the sponsor are unable to agree on a corrective action plan, |
| 1141 | the Commissioner of Education shall determine the components of |
| 1142 | the plan. The governing board shall implement such plan. |
| 1143 | (d) The governing board shall include the corrective |
| 1144 | action plan and the status of its implementation in the annual |
| 1145 | progress report to the sponsor which is required pursuant to s. |
| 1146 | 1002.33(9)(k) or s. 1002.34(14). |
| 1147 | (e) If the governing board fails to implement the |
| 1148 | corrective action plan within 1 year after one or more of the |
| 1149 | conditions specified in paragraph (a) occur, the State Board of |
| 1150 | Education shall prescribe any steps necessary for the charter |
| 1151 | school or the charter technical career center to comply with |
| 1152 | state requirements. |
| 1153 | (f) The chair of the governing board shall annually appear |
| 1154 | before the State Board of Education and report on the |
| 1155 | implementation of the State Board of Education's requirements |
| 1156 | under paragraph (e). |
| 1157 | (2) FINANCIAL EMERGENCY; REQUIREMENTS.-- |
| 1158 | (a)1. If a financial audit conducted by a certified public |
| 1159 | accountant in accordance with s. 218.39 reveals that one or more |
| 1160 | of the conditions in s. 218.503(1) have occurred or will occur |
| 1161 | if action is not taken to assist the charter school or charter |
| 1162 | technical career center, the auditor shall notify the governing |
| 1163 | board of the charter school or charter technical career center, |
| 1164 | as appropriate, the sponsor, and the Commissioner of Education |
| 1165 | within 7 business days after the finding is made. |
| 1166 | 2. If the charter school or charter technical career |
| 1167 | center is found to be in a state of financial emergency pursuant |
| 1168 | to s. 218.503(4), the charter school or charter technical career |
| 1169 | center shall file a financial recovery plan pursuant to s. |
| 1170 | 218.503 with the sponsor and the Commissioner of Education |
| 1171 | within 30 days after being notified by the Commissioner of |
| 1172 | Education that a financial recovery plan is needed. |
| 1173 | (b) The governing board shall include the financial |
| 1174 | recovery plan and the status of its implementation in the annual |
| 1175 | progress report to the sponsor which is required under s. |
| 1176 | 1002.33(9)(k) or s. 1002.34(14). |
| 1177 | (3) REPORT.--The Commissioner of Education shall annually |
| 1178 | report to the State Board of Education each charter school and |
| 1179 | charter technical career center that is subject to a financial |
| 1180 | recovery plan or a corrective action plan under this section. |
| 1181 | (4) RULES.--The State Board of Education shall adopt rules |
| 1182 | for developing financial recovery and corrective action plans, |
| 1183 | defining a deteriorating financial condition pursuant to |
| 1184 | subparagraph (1)(a)3., and establishing procedures for |
| 1185 | determining a deteriorating financial condition pursuant to |
| 1186 | subparagraph (1)(a)3. and s. 218.39(5). In adopting the rules, |
| 1187 | the State Board of Education may obtain technical assistance |
| 1188 | from the Auditor General. |
| 1189 | (5) TECHNICAL ASSISTANCE.--The Department of Education |
| 1190 | shall provide technical assistance to charter schools, charter |
| 1191 | technical career centers, governing boards, and sponsors in |
| 1192 | developing financial recovery and corrective action plans. |
| 1193 | (6) FAILURE TO CORRECT DEFICIENCIES.--The sponsor may |
| 1194 | decide not to renew or may terminate a charter if the charter |
| 1195 | school or charter technical career center fails to correct the |
| 1196 | deficiencies noted in the corrective action plan within 1 year |
| 1197 | after being notified of the deficiencies or exhibits one or more |
| 1198 | financial emergency conditions specified in s. 218.503 for 2 |
| 1199 | consecutive years. This subsection does not affect a sponsor's |
| 1200 | authority to terminate or not renew a charter pursuant to s. |
| 1201 | 1002.33(8). |
| 1202 | Section 10. Subsection (2) of section 1013.62, Florida |
| 1203 | Statutes, is amended to read: |
| 1204 | 1013.62 Charter schools capital outlay funding.-- |
| 1205 | (2) A charter school's governing body may use charter |
| 1206 | school capital outlay funds for the following purposes: |
| 1207 | (a) Purchase of real property. |
| 1208 | (b) Construction of school facilities. |
| 1209 | (c) Purchase, lease-purchase, or lease of permanent or |
| 1210 | relocatable school facilities. |
| 1211 | (d) Purchase of vehicles to transport students to and from |
| 1212 | the charter school. |
| 1213 | (e) Renovation, repair, and maintenance of school |
| 1214 | facilities that the charter school owns or is purchasing through |
| 1215 | a lease-purchase or long-term lease of 5 years or longer. |
| 1216 | (f) Purchase, lease-purchase, or lease of new and |
| 1217 | replacement equipment. |
| 1218 | (g) Payment of the cost of premiums for property and |
| 1219 | casualty insurance necessary to insure the school. |
| 1220 | |
| 1221 | Conversion charter schools may use capital outlay funds received |
| 1222 | through the reduction in the administrative fee provided in s. |
| 1223 | 1002.33(20) for renovation, repair, and maintenance of school |
| 1224 | facilities that are owned by the sponsor. |
| 1225 | Section 11. This act shall take effect July 1, 2009. |
| 1226 |
|
| 1227 |
|
| 1228 | ----------------------------------------------------- |
| 1229 | T I T L E A M E N D M E N T |
| 1230 | Remove the entire title and insert: |
| 1231 | A bill to be entitled |
| 1232 | An act relating to charter schools; amending ss. 11.45, |
| 1233 | 218.39, 218.50, and 218.501, F.S., relating to audit |
| 1234 | reports by the Auditor General and local financial |
| 1235 | management; conforming provisions to changes made by the |
| 1236 | act; amending ss. 218.503 and 218.504, F.S.; providing |
| 1237 | that a charter technical career center is subject to |
| 1238 | certain requirements in a financial emergency; requiring |
| 1239 | certain notification when specified conditions have |
| 1240 | occurred or will occur if action is not taken; authorizing |
| 1241 | the Commissioner of Education to require and approve a |
| 1242 | financial recovery plan; amending s. 1002.33, F.S.; |
| 1243 | providing for duties of a charter school sponsor and |
| 1244 | governing board if a charter school experiences a |
| 1245 | deteriorating financial condition or is in a financial |
| 1246 | emergency; prohibiting a sponsor from denying a charter |
| 1247 | for specified reasons; requiring use of an application |
| 1248 | form and an evaluation instrument; requiring applicant |
| 1249 | training and documentation; updating cross-references |
| 1250 | relating to high school graduation requirements; |
| 1251 | conforming provisions relating to financial audits; |
| 1252 | requiring charter schools to disclose the identity of |
| 1253 | relatives of charter school personnel; authorizing the |
| 1254 | Commissioner of Education to terminate a charter for good |
| 1255 | cause; providing that the immediate termination of a |
| 1256 | charter is exempt from certain hearing requirements; |
| 1257 | requiring monthly financial statements; requiring that a |
| 1258 | charter school comply with constitutional limitations on |
| 1259 | class size; providing for the disclosure of the |
| 1260 | performance of a charter school that is not given a school |
| 1261 | grade or school improvement rating; requiring charter |
| 1262 | schools to provide student assessment data to the public; |
| 1263 | providing reporting requirements; providing restrictions |
| 1264 | on the employment of relatives; providing an exception; |
| 1265 | requiring that members of a charter school governing board |
| 1266 | follow certain standards of conduct and, under specified |
| 1267 | circumstances, file a disclosure of financial interests; |
| 1268 | amending s. 1002.34, F.S.; providing additional duties for |
| 1269 | charter technical career centers, applicants, sponsors, |
| 1270 | and governing boards; requiring use of an application form |
| 1271 | and an evaluation instrument; requiring applicant |
| 1272 | training; requiring charter technical career centers to |
| 1273 | disclose the identity of relatives of center personnel; |
| 1274 | providing duties of a sponsor if a charter technical |
| 1275 | career center experiences a deteriorating financial |
| 1276 | condition or is in a financial emergency; providing |
| 1277 | restrictions on the employment of relatives; requiring |
| 1278 | monthly financial statements; requiring compliance with |
| 1279 | standards of conduct and disclosure of financial |
| 1280 | interests; creating s. 1002.345, F.S.; establishing |
| 1281 | criteria and requirements for charter schools and charter |
| 1282 | technical career centers that have a deteriorating |
| 1283 | financial condition or are in a state of financial |
| 1284 | emergency; establishing requirements for charter schools, |
| 1285 | charter technical career centers, governing boards, and |
| 1286 | sponsors; providing for corrective action and financial |
| 1287 | recovery plans; providing for duties of auditors, the |
| 1288 | Commissioner of Education, and the Department of |
| 1289 | Education; requiring the State Board of Education to adopt |
| 1290 | rules; providing grounds for termination or nonrenewal of |
| 1291 | a charter; amending s. 1013.62, F.S.; expanding purposes |
| 1292 | for which charter school capital outlay funds may be used; |
| 1293 | providing an effective date. |