Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. CS for SB 1676
Barcode 194628
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/07/2009 .
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The Policy and Steering Committee on Ways and Means (Wise)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 1330 and 1331
4 insert:
5 Section 35. Subsection (1) of section 1013.62, Florida
6 Statutes, is amended to read:
7 1013.62 Charter schools capital outlay funding.—
8 (1) In each year in which funds are appropriated for
9 charter school capital outlay purposes, the Commissioner of
10 Education shall allocate the funds among eligible charter
11 schools.
12 (a) To be eligible for a funding allocation, a charter
13 school must:
14 1.a.(a)1. Have been in operation for 3 or more years;
15 b. Be governed by a governing board established in the
16 state for 3 or more years which operates both charter schools
17 and conversion charter schools within the state;
18 c.2. Be an expanded feeder chain of a charter school within
19 the same school district that is currently receiving charter
20 school capital outlay funds; or
21 d.3. Have been accredited by the Commission on Schools of
22 the Southern Association of Colleges and Schools.
23 2.(b) Have financial stability for future operation as a
24 charter school.
25 3.(c) Have satisfactory student achievement based on state
26 accountability standards applicable to the charter school.
27 4.(d) Have received final approval from its sponsor
28 pursuant to s. 1002.33 for operation during that fiscal year.
29 5.(e) Serve students in facilities that are not provided by
30 the charter school’s sponsor.
31 (b) The first priority for charter school capital outlay
32 funding is shall be to allocate to the charter schools that
33 received funding in the 2005-2006 fiscal year an allocation of
34 the same amount per capital outlay full-time equivalent student,
35 up to the lesser of the actual number of capital outlay full
36 time equivalent students in the current year, or the capital
37 outlay full-time equivalent students in the 2005-2006 fiscal
38 year. After calculating the first priority, the second priority
39 is shall be to allocate excess funds remaining in the
40 appropriation in an amount equal to the per capital outlay full
41 time equivalent student amount in the first priority calculation
42 to eligible charter schools not included in the first priority
43 calculation and to schools in the first priority calculation
44 with growth greater than in excess of the 2005-2006 capital
45 outlay full-time equivalent students. After calculating the
46 first and second priorities, excess funds remaining in the
47 appropriation must shall be allocated to all eligible charter
48 schools.
49 (c) A charter school’s allocation may shall not exceed one
50 fifteenth of the cost per student station specified in s.
51 1013.64(6)(b). Before releasing Prior to the release of capital
52 outlay funds to a school district on behalf of the charter
53 school, the Department of Education must shall ensure that the
54 district school board and the charter school governing board
55 enter into a written agreement that provides includes provisions
56 for the reversion of any unencumbered funds and all equipment
57 and property purchased with public education funds to the
58 ownership of the district school board, as provided for in
59 subsection (3) if, in the event that the school terminates
60 operations. Any funds recovered by the state shall be deposited
61 in the General Revenue Fund.
62 (d) A charter school is not eligible for a funding
63 allocation if it was created by the conversion of a public
64 school and operates in facilities provided by the charter
65 school’s sponsor for a nominal fee, or at no charge, or if it is
66 directly or indirectly operated by the school district.
67 (e) Unless otherwise provided in the General Appropriations
68 Act, the funding allocation for each eligible charter school is
69 shall be determined by multiplying the school’s projected
70 student enrollment by one-fifteenth of the cost-per-student
71 station specified in s. 1013.64(6)(b) for an elementary, middle,
72 or high school, as appropriate. If the funds appropriated are
73 not sufficient, the commissioner shall prorate the available
74 funds among eligible charter schools. However, a no charter
75 school or charter lab school may not shall receive state charter
76 school capital outlay funds greater than in excess of the one
77 fifteenth cost per student station formula if the charter
78 school’s combination of state charter school capital outlay
79 funds, capital outlay funds calculated through the reduction in
80 the administrative fee provided in s. 1002.33(20), and capital
81 outlay funds allowed in s. 1002.32(9)(e) and (h) exceeds the
82 one-fifteenth cost per student station formula.
83 (f) Funds shall be distributed on the basis of the capital
84 outlay full-time equivalent membership by grade level, which is
85 shall be calculated by averaging the results of the second and
86 third enrollment surveys. The Department of Education shall
87 distribute capital outlay funds monthly, beginning in the first
88 quarter of the fiscal year, based on one-twelfth of the amount
89 the department reasonably expects the charter school to receive
90 during that fiscal year. The commissioner shall adjust
91 subsequent distributions as necessary to reflect each charter
92 school’s actual student enrollment as reflected in the second
93 and third enrollment surveys. The commissioner shall establish
94 the intervals and procedures for determining the projected and
95 actual student enrollment of eligible charter schools.
96
97 ================= T I T L E A M E N D M E N T ================
98 And the title is amended as follows:
99 Delete line 164
100 and insert:
101 viability of the pilot program; amending s. 1013.62,
102 F.S.; revising the criteria for determining a charter
103 school’s eligibility for capital outlay funding;
104 amending s. 1013.64