HB 991

1
A bill to be entitled
2An act relating to charter schools; creating s. 1002.337,
3F.S.; providing a short title; providing legislative
4findings; establishing the School Grade Improvement
5Commission, an independent, state-level commission under
6the supervision of the State Board of Education; requiring
7the commission to collaborate with school districts, the
8Department of Education, and the State Board of Education
9to support innovative charter schools when invited by a
10school district and to develop and support remedial
11charter schools as an alternative to public schools found
12by the state to be chronically failing; providing for
13funding of the commission through an existing
14administrative fee available to charter school sponsors,
15private contributions, federal funds, and institutional
16grants; providing for appointment of commission members by
17the State Board of Education based on recommendations by
18the Governor, the President of the Senate, and the Speaker
19of the House of Representatives; providing for member
20terms and commission meetings; providing powers of the
21commission, including, but not limited to, assistance in
22the establishment of charter schools, investigation of the
23reasons for school failure, and evaluation of the academic
24and financial performance of charter schools; authorizing
25a district school board to invite the commission to
26establish a new charter school within the geographic
27boundaries of the school district; authorizing the
28commission to establish a remedial charter school within
29certain school zones; authorizing agreement for the use of
30school facilities and equipment; authorizing an existing
31charter school to apply to the commission to change
32sponsors under certain conditions; providing requirements
33for application; providing that specified statutory
34requirements apply to the commission, charter schools, and
35school districts, with certain exceptions relating to the
36charter contract; providing for terms of a charter
37contract and authorizing a district school board to apply
38to assume full control of a charter school under certain
39conditions; providing for termination or nonrenewal of a
40charter contract; requiring school district funding of a
41charter school and authorizing additional funding;
42providing requirements for deposit and investment of
43charter school funds; requiring a school district to
44provide administrative and educational services to a
45charter school; providing parent rights for school
46enrollment; authorizing the commission to establish a
47direct-support organization that meets certain
48requirements; authorizing the commission and charter
49schools to provide certain insurance; providing for the
50application of waiver of sovereign immunity provisions;
51requiring public access to information for making informed
52decisions; requiring annual reporting by the commission
53and the adoption of rules by the State Board of Education;
54providing a severability clause; providing an effective
55date.
56
57Be It Enacted by the Legislature of the State of Florida:
58
59     Section 1.  Section 1002.337, Florida Statutes, is created
60to read:
61     1002.337  Make the Grade Initiative; School Grade
62Improvement Commission.--
63     (1)  SHORT TITLE.--This section may be cited as the "Make
64the Grade Initiative."
65     (2)  FINDINGS.--The Legislature finds that:
66     (a)  Special assistance for Florida's public school
67districts is essential to improve public schools that are found
68by the state to be chronically failing so that the schools will
69"make the grade" and ensure that all students have access to a
70high-quality public education.
71     (b)  Charter schools are a critical component in the
72state's efforts to provide by law for a uniform, efficient,
73safe, secure, and high-quality system of free public schools.
74     (c)  The growth of charter schools in the state has
75contributed to enhanced student performance, greater efficiency,
76and the improvement of all public schools.
77     (d)  A student should not be compelled, against the wishes
78of the student's parent, to remain in a public school that is
79found by the state to be chronically failing.
80     (e)  Parents of students in chronically failing schools
81should have the choice to send their children to a successful
82charter school in the same facility or in a nearby facility.
83     (f)  School districts would benefit from an initiative
84dedicated to improving school performance through the
85establishment of charter schools that will succeed in the most
86challenging circumstances.
87     (3)  SCHOOL GRADE IMPROVEMENT COMMISSION.--
88     (a)  The School Grade Improvement Commission is established
89as an independent, state-level commission under the supervision
90of the State Board of Education. The commission shall work in
91collaboration with school districts, the Department of
92Education, and the State Board of Education to:
93     1.  Support innovative charter schools when invited to do
94so by a school district to ensure that all of Florida's students
95have access to a high-quality education.
96     2.  Develop and support remedial charter schools as an
97alternative to public schools that are found by the state to be
98chronically failing.
99     (b)  Funds necessary to establish and operate the
100commission shall come from an existing administrative fee
101available to charter school sponsors, private contributions,
102federal funds, institutional grants through the Grants and
103Donations Trust Fund and the Federal Grants Trust Fund housed
104within the department, and other eligible sources. The
105department shall assist in securing federal and other
106institutional grant funds to establish the commission.
107     (c)  The commission shall be appointed by the State Board
108of Education and shall be composed of three appointees
109recommended by the Governor, two appointees recommended by the
110President of the Senate, and two appointees recommended by the
111Speaker of the House of Representatives. The Governor, the
112President of the Senate, and the Speaker of the House of
113Representatives shall each recommend a list of at least two
114nominees for each appointment to the commission. The
115appointments shall be made as soon as feasible but no later than
116September 1, 2009. Each member of the commission shall serve a
1173-year term; however, for the purpose of providing staggered
118terms, of the initial appointments, two members shall be
119appointed to 1-year terms, two members shall be appointed to 2-
120year terms, and the three members recommended by the Governor
121shall be appointed to 3-year terms. Thereafter, each appointee
122shall serve a 3-year term unless the State Board of Education,
123after review, extends the appointment. If a vacancy occurs on
124the commission, it shall be filled by the State Board of
125Education from a recommendation by the appropriate authority
126according to the procedure set forth in this paragraph. The
127members of the commission shall annually vote to appoint a chair
128and a vice chair. Each member of the commission must hold a
129bachelor's degree or higher, and the commission must include
130individuals who have experience in finance, administration, law,
131education, and school governance.
132     (d)  The commission shall meet at the call of the chair or
133upon the request of four members of the commission. Four members
134of the commission shall constitute a quorum. Meetings may be
135held via teleconference or other means of telecommunications as
136the chair directs.
137     (e)  The commission shall appoint an executive director who
138shall employ staff as is necessary to perform the administrative
139duties and responsibilities of the commission.
140     (f)  The members of the commission shall not be compensated
141for their services on the commission but may be reimbursed for
142per diem and travel expenses pursuant to s. 112.061.
143     (4)  POWERS.--The commission shall have the power to:
144     (a)  Assist in the establishment of a charter school when
145invited by a school district or when a public school receives a
146grade of "F," pursuant to s. 1008.34, for 3 years in a 4-year
147period. A charter school established under this section shall
148exist as a public school within the state as a component of the
149delivery of public education within Florida's K-20 education
150system.
151     (b)  Investigate or cause to be investigated the reasons
152for the chronic failure of a school and isolate those variables
153critical to the success of a remedial charter school. The
154commission is encouraged to draw on state universities,
155community colleges, and think tanks to assist with an
156investigation.
157     (c)  Solicit applications from charter schools, pursuant to
158paragraph (5)(b), that are responsive to the variables critical
159to charter school success in the particular circumstances.
160     (d)  Monitor and annually review and evaluate the academic
161and financial performance of a charter school established under
162this section and hold the school accountable for its performance
163pursuant to the provisions of chapter 1008.
164     (e)  Actively seek, with the assistance of the department,
165supplemental revenue from federal grant funds, institutional
166grant funds, and philanthropic organizations. The commission
167may, through the department's Grants and Donations Trust Fund or
168its own direct-support organization, receive and expend gifts,
169grants, and donations of any kind from any public or private
170entity to carry out the purposes of this section.
171     (f)  Assist charter schools established under this section
172in negotiating and contracting with district school boards and
173vendors.
174     (g)  Develop, promote, and disseminate best practices for
175charter schools, including high standards of accountability, in
176order to ensure that high-quality charter schools are developed
177and incentivized throughout the state. At a minimum, the best
178practices shall encourage the development and replication of
179academically and financially proven charter school programs.
180     (h)  Develop, promote, and require high standards of
181accountability for any school that is granted a charter under
182this section.
183     (i)  Review and recommend to the President of the Senate
184and the Speaker of the House of Representatives any necessary
185revisions to statutory requirements regarding charter schools
186and commission activities.
187     (j)  Support innovative learning opportunities, such as
188schools specially dedicated to science and mathematics.
189     (k)  Provide training for members of charter school
190governing bodies. The training shall include, but not be limited
191to, best practices for charter school governance, the
192constitutional and statutory requirements relating to public
193records and meetings, and the requirements of applicable
194statutes and State Board of Education rules.
195     (l)  Undertake such other activities as set forth in law.
196     (5)  CHARTERING AUTHORITY.--
197     (a)  A district school board may invite the commission to
198establish a remedial or innovative charter school within the
199geographic boundaries of the school district by adopting a
200district school board resolution and submitting the resolution
201to the State Board of Education for approval. The district
202school board and the commission may agree to reasonable terms
203for the use of existing school facilities and equipment by the
204charter school.
205     2.  The commission may establish a remedial charter school
206within the school zone designated by the district school board
207the prior year for a school receiving a grade of "F," pursuant
208to s. 1008.34, for 3 years in a 4-year period. The commission
209shall provide at least 60 days' notice to the district school
210board of its intent to establish a remedial charter school. The
211district school board shall provide a financial audit of the
212failing school in accordance with s. 218.39, accounting for all
213sources of revenue and direct and indirect costs, within 45 days
214after receiving the notice. At the commission's request, the
215district school board shall agree to reasonable terms for the
216use of school facilities and equipment by the charter school. If
217the Commissioner of Education determines that a dispute over use
218of facilities and equipment cannot be settled through mediation,
219the parties shall submit to binding arbitration under the rules
220of the American Arbitration Association and split the
221arbitration fees.
222     (b)  With the approval of the commission and upon consent
223of the district school board, an existing charter school may
224submit an application to the commission if the obligations of
225its charter contract with the district school board will expire
226prior to entering into a new charter contract with the
227commission. A district school board may agree to rescind or
228waive the obligations of a current charter contract to allow an
229application to be submitted by an existing charter school
230pursuant to this paragraph. A charter school that changes
231sponsors pursuant to this paragraph shall be allowed to continue
232the use of all facilities, equipment, and other assets it owned
233or leased prior to the expiration or rescission of its charter
234contract with the district school board.
235     (c)1.  For those schools identified in paragraphs (a) and
236(b), a charter school applicant may submit an application to the
237commission according to an application schedule set by the
238commission. The opportunity to establish such a charter school
239shall be a privilege and not a right of the charter school
240applicant.
241     2.  Charter school applications submitted to the commission
242shall be subject to the requirements set forth in s. 1002.33(6).
243The commission shall receive and review all applications for
244eligible charter schools according to the provisions for review
245of charter school applications under s. 1002.33(6)(b) and any
246application review criteria identified by the commission as
247important to charter school success under the circumstances. The
248criteria shall be disclosed to applicants prior to the
249application deadline and shall have an educational purpose.
250     (6)  CHARTER SCHOOL CONTRACT AND OPERATION.--The provisions
251of s. 1002.33(7)-(12), (14), (16), (18), and (19) shall apply to
252the commission and charter schools established under this
253section, and the school districts shall serve and fund the
254charter schools like any other charter school, except that:
255     (a)  The charter contract shall be a three-party contract,
256including the school district, the commission, and the school.
257     (b)  The charter contract must incorporate requirements
258relevant to the site proposed for a remedial or innovative
259charter school intended to achieve important educational
260purposes, as required by the commission and according to rules
261adopted by the State Board of Education.
262     (c)  The startup of a charter school established under this
263section shall be according to the timeline established jointly
264by the commission and district school board.
265     (d)  The initial term of a charter contract shall be for 10
266years. At the end of 10 years and every 5 years thereafter, a
267district school board may present a plan and apply to the State
268Board of Education to assume full control of the charter school
269without material modification to the obligations and duties
270under the charter contract and to any employee, real estate,
271financing, or other agreement. Any such assignment does not
272entitle teachers and staff to modify their employment agreements
273except as set forth in the agreements. According to its rules,
274the State Board of Education shall grant the application if it
275finds that the district school board's plan will enable it to
276supervise and operate the school in a manner likely to ensure
277that the school will continue to receive a school grade of "B"
278or higher.
279     (e)  An employee of a charter school established under this
280section shall be an "eligible employee" within the meaning of s.
281121.4501(2)(f). The commission may decide whether the employees
282of a charter school established under this section may
283participate in the Florida Retirement System.
284     (f)  All charter schools established under this section
285shall be graded pursuant to s. 1008.34.
286     (7)  TERMINATION OR NONRENEWAL.--
287     (a)  The charter contract of a school established under
288this section that receives a school grade of "D" for 3 years in
289a 5-year period or a school grade of "F" for 2 years in a 4-year
290period shall automatically be terminated.
291     (b)  For a charter school established under this section
292that receives a school grade of "D" for 3 years in a 5-year
293period, the commission shall solicit new applications to assume
294the charter contract after investigating the reasons for the
295poor performance and tailoring the application criteria to the
296remedial needs.
297     (c)  For a charter school established under this section
298that receives a school grade of "F" for 2 years in a 4-year
299period, the State Board of Education may, pursuant to rule,
300direct the commission to undertake the process outlined in
301paragraph (b), invite the district school board to submit a plan
302to operate and supervise the school in a manner enabling the
303school to maintain a grade of "B" or higher, or take such
304actions as are authorized in s. 1008.33.
305     (8)  FUNDING.--
306     (a)  The provisions of s. 1002.33(17) shall apply to a
307charter school established under this section, with the school
308district providing the funding to the charter school as it
309provides to any other charter school. In addition, a charter
310school established under this section may receive:
311     1.  Funding from the commission's direct-support
312organization on such terms and conditions as decided upon by the
313commission.
314     2.  Any additional resources available under s.
3151008.33(2)(a).
316     3.  State and federal funds and institutional grants
317through the Grants and Donations Trust Fund, the Federal Grants
318Trust Fund, and other eligible sources.
319     4.  An amount equal to 0.75 mills of the amount collected
320under s. 199.133(1) if the charter school receives a school
321grade of "A" or "B" for at least 2 consecutive years.
322     (b)  The school district shall receive all but 1 percent of
323the administrative fee provided for in s. 1002.33(20)(a), except
324as otherwise agreed to between the commission and school
325district, up to 5 percent. The remainder of the administrative
326fee shall belong to the commission.
327     (c)  Money payable to the commission shall be deposited in
328an approved depository as provided by law. Each bank receiving
329any school money as provided in this subsection must make a
330receipt for same. For purposes of s. 1011.18(2)-(6), the
331commission shall have the same rights and duties as district
332schools and district school boards, its chair shall have the
333same rights and duties as the district school board's chair, its
334vice chair shall have the same rights and duties as the district
335school board's vice chair, and its executive director shall have
336the same rights and duties as the district school
337superintendent.
338     (9)  SERVICES.--The school district shall provide the
339administrative and educational services to a charter school
340established under this section as outlined in s. 1002.33(20),
341except as otherwise agreed to between the commission and school
342district with the approval of the department. A charter school
343established under this section may appeal disputes relating to
344the provision of these services by the school district to the
345commission, which shall make a recommendation to the
346Commissioner of Education, following the same appeal procedure
347set forth in s. 1002.33(6)(f) for the Charter School Appeal
348Commission.
349     (10)  PARENT RIGHTS.--A parent whose child is enrolled at a
350school that is found by the state to be chronically failing may
351enroll his or her child in another district school of his or her
352choice or in a remedial charter school. A parent does not have
353an entitlement under state law to free transportation to the
354charter school unless it is located in the same building as the
355chronically failing school.
356     (11)  DIRECT-SUPPORT ORGANIZATION.--
357     (a)  The commission may establish a direct-support
358organization, which shall:
359     1.  Be a corporation not for profit that is incorporated
360under the provisions of chapter 617 and approved by the
361Department of State.
362     2.  Be organized and operated exclusively to receive, hold,
363invest, and administer property and to make expenditures to or
364for the benefit of the commission and its powers and duties
365relating to charter schools.
366     3.  Be governed by a board of directors appointed by the
367Commissioner of Education and include representation from
368business, industry, and other components of the state's economy.
369     4.  Provide equal employment opportunities to all persons,
370regardless of race, color, national origin, sex, age, or
371religion.
372     5.  Be subject to an annual financial audit in accordance
373with s. 215.981.
374     (b)  The commission may permit the use of property,
375facilities, and personal services by the direct-support
376organization, subject to rules adopted by the State Board of
377Education to ensure effective oversight.
378     (12)  INSURANCE.--The commission and charter schools
379established by the commission may enter into risk management and
380self-insurance programs or purchase liability insurance for
381whatever coverage they may choose, or to have any combination
382thereof, in anticipation of any claim or judgment for which they
383may be liable, as approved by the commission.
384     (13)  LIABILITY.--For the purposes of tort liability, the
385governing bodies and employees of the commission, charter
386schools, and direct-support organization established under this
387section shall be governed by s. 768.28.
388     (14)  ACCESS TO INFORMATION.--The commission shall provide
389maximum access to information to all parents in the state. It
390shall maintain information systems, including, but not limited
391to, a user-friendly Internet website, that will provide
392information and data necessary for parents to make informed
393decisions. At a minimum, the commission must provide parents
394with information on its accountability standards, links to
395charter schools established under this section throughout the
396state, and public education programs available in the state.
397     (15)  ANNUAL REPORT.--Each year, the chair of the
398commission shall appear before the State Board of Education and
399submit a report regarding the academic performance and fiscal
400responsibility of charter schools established under this
401section.
402     (16)  IMPLEMENTATION.--The State Board of Education shall
403adopt rules pursuant to ss. 120.536(1) and 120.54 that have been
404approved by the commission and are necessary to facilitate the
405implementation of this section.
406     Section 2.  If any provision of this act or the application
407thereof to any person or circumstance is held invalid, the
408invalidity shall not affect other provisions or applications of
409the act which can be given effect without the invalid provision
410or application, and to this end the provisions of this act are
411declared severable.
412     Section 3.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.