1 | A bill to be entitled |
2 | An act relating to charter schools; amending s. 1002.32, |
3 | F.S.; authorizing a private university or a public entity |
4 | to sponsor a charter lab school; providing for authority |
5 | and responsibilities related to sponsorship by such |
6 | entities; conforming cross-references; amending s. |
7 | 1002.33, F.S.; authorizing a private university or a |
8 | public entity to grant a charter to a lab school; |
9 | providing for appeal by a district school board of certain |
10 | decisions relating to a charter application for a lab |
11 | school; correcting cross-references to high school |
12 | graduation requirements; providing eligibility |
13 | requirements for designation as a high-performing charter |
14 | school; providing that a high-performing charter school is |
15 | entitled to certain renewal, increase in enrollment, |
16 | startup grants, capital outlay funds, and application |
17 | procedures; requiring good cause to be shown to the |
18 | Commissioner of Education for purposes of nonrenewal or |
19 | termination of a charter; revising requirements for |
20 | providing financial statements to a sponsor; deleting |
21 | obsolete provisions; revising requirements for the |
22 | establishment of a charter school-in-the-workplace; |
23 | providing that a charter school-in-the-workplace is |
24 | eligible for capital outlay funding; including certain |
25 | federal funding; requiring a charter school to be in |
26 | compliance with constitutional class size requirements |
27 | calculated at the school-level average; authorizing |
28 | funding for a charter school from the district school |
29 | capital improvement millage; prohibiting a school district |
30 | from imposing certain restrictions relating to charter |
31 | school facilities; providing for an exemption from certain |
32 | exactions; removing a reporting requirement relating to |
33 | student assessment data; revising restrictions on the |
34 | employment of relatives by charter school personnel; |
35 | providing an exception; conforming cross-references; |
36 | amending s. 1011.71, F.S.; providing that district school |
37 | boards shall levy the capital improvement millage for |
38 | charter schools; amending s. 1013.62, F.S.; authorizing |
39 | additional uses for charter school capital outlay funds; |
40 | conforming cross-references; amending ss. 163.3180, |
41 | 1002.34, 1002.345, 1011.68, and 1012.32, F.S.; conforming |
42 | cross-references; providing an effective date. |
43 |
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44 | Be It Enacted by the Legislature of the State of Florida: |
45 |
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46 | Section 1. Paragraph (c) of subsection (9) of section |
47 | 1002.32, Florida Statutes, is amended, subsections (10) and (11) |
48 | are renumbered as subsections (11) and (12), respectively, and a |
49 | new subsection (10) is added to that section, to read: |
50 | 1002.32 Developmental research (laboratory) schools.- |
51 | (9) FUNDING.-Funding for a lab school, including a charter |
52 | lab school, shall be provided as follows: |
53 | (c) All operating funds provided under this section shall |
54 | be deposited in a Lab School Trust Fund and shall be expended |
55 | for the purposes of this section. The university assigned a lab |
56 | school shall be the fiscal agent for these funds, and all rules |
57 | of the university governing the budgeting and expenditure of |
58 | state funds shall apply to these funds unless otherwise provided |
59 | by law or rule of the State Board of Education. The university |
60 | board of trustees shall be the public employer of lab school |
61 | personnel for collective bargaining purposes for lab schools in |
62 | operation prior to the 2002-2003 fiscal year. Employees of |
63 | charter lab schools authorized prior to June 1, 2003, but not in |
64 | operation prior to the 2002-2003 fiscal year shall be employees |
65 | of the entity holding the charter and must comply with the |
66 | provisions of s. 1002.33(13)(12). |
67 | (10) CHARTER LAB SCHOOL SPONSORED BY PRIVATE UNIVERSITY OR |
68 | PUBLIC ENTITY.-In addition to and notwithstanding the provisions |
69 | of this section and s. 1013.62, a lab school may be sponsored |
70 | by, and issued a charter under s. 1002.33(5)(a)2. by, a private |
71 | university or a public entity. For purposes of implementing this |
72 | subsection, the authority and responsibilities of a state |
73 | university with respect to the lab school for which it is a |
74 | sponsor shall be assigned to a private university or a public |
75 | entity that sponsors a charter lab school. |
76 | Section 2. Section 1002.33, Florida Statutes, is amended |
77 | to read: |
78 | 1002.33 Charter schools.- |
79 | (1) AUTHORIZATION.-Charter schools shall be part of the |
80 | state's program of public education. All charter schools in |
81 | Florida are public schools. A charter school may be formed by |
82 | creating a new school or converting an existing public school to |
83 | charter status. A public school may not use the term charter in |
84 | its name unless it has been approved under this section. |
85 | (2) GUIDING PRINCIPLES; PURPOSE.- |
86 | (a) Charter schools in Florida shall be guided by the |
87 | following principles: |
88 | 1. Meet high standards of student achievement while |
89 | providing parents flexibility to choose among diverse |
90 | educational opportunities within the state's public school |
91 | system. |
92 | 2. Promote enhanced academic success and financial |
93 | efficiency by aligning responsibility with accountability. |
94 | 3. Provide parents with sufficient information on whether |
95 | their child is reading at grade level and whether the child |
96 | gains at least a year's worth of learning for every year spent |
97 | in the charter school. |
98 | (b) Charter schools shall fulfill the following purposes: |
99 | 1. Improve student learning and academic achievement. |
100 | 2. Increase learning opportunities for all students, with |
101 | special emphasis on low-performing students and reading. |
102 | 3. Encourage the use of innovative learning methods. |
103 | 4. Require the measurement of learning outcomes. |
104 | (c) Charter schools may fulfill the following purposes: |
105 | 1. Create innovative measurement tools. |
106 | 2. Provide rigorous competition within the public school |
107 | district to stimulate continual improvement in all public |
108 | schools. |
109 | 3. Expand the capacity of the public school system. |
110 | 4. Mitigate the educational impact created by the |
111 | development of new residential dwelling units. |
112 | 5. Create new professional opportunities for teachers, |
113 | including ownership of the learning program at the school site. |
114 | (3) APPLICATION FOR CHARTER STATUS.- |
115 | (a) An application for a new charter school may be made by |
116 | an individual, teachers, parents, a group of individuals, a |
117 | municipality, or a legal entity organized under the laws of this |
118 | state. |
119 | (b) An application for a conversion charter school shall |
120 | be made by the district school board, the principal, teachers, |
121 | parents, and/or the school advisory council at an existing |
122 | public school that has been in operation for at least 2 years |
123 | prior to the application to convert. A public school-within-a- |
124 | school that is designated as a school by the district school |
125 | board may also submit an application to convert to charter |
126 | status. An application submitted proposing to convert an |
127 | existing public school to a charter school shall demonstrate the |
128 | support of at least 50 percent of the teachers employed at the |
129 | school and 50 percent of the parents voting whose children are |
130 | enrolled at the school, provided that a majority of the parents |
131 | eligible to vote participate in the ballot process, according to |
132 | rules adopted by the State Board of Education. A district school |
133 | board denying an application for a conversion charter school |
134 | shall provide notice of denial to the applicants in writing |
135 | within 10 days after the meeting at which the district school |
136 | board denied the application. The notice must articulate in |
137 | writing the specific reasons for denial and must provide |
138 | documentation supporting those reasons. A private school, |
139 | parochial school, or home education program shall not be |
140 | eligible for charter school status. |
141 | (4) UNLAWFUL REPRISAL.- |
142 | (a) No district school board, or district school board |
143 | employee who has control over personnel actions, shall take |
144 | unlawful reprisal against another district school board employee |
145 | because that employee is either directly or indirectly involved |
146 | with an application to establish a charter school. As used in |
147 | this subsection, the term "unlawful reprisal" means an action |
148 | taken by a district school board or a school system employee |
149 | against an employee who is directly or indirectly involved in a |
150 | lawful application to establish a charter school, which occurs |
151 | as a direct result of that involvement, and which results in one |
152 | or more of the following: disciplinary or corrective action; |
153 | adverse transfer or reassignment, whether temporary or |
154 | permanent; suspension, demotion, or dismissal; an unfavorable |
155 | performance evaluation; a reduction in pay, benefits, or |
156 | rewards; elimination of the employee's position absent of a |
157 | reduction in workforce as a result of lack of moneys or work; or |
158 | other adverse significant changes in duties or responsibilities |
159 | that are inconsistent with the employee's salary or employment |
160 | classification. The following procedures shall apply to an |
161 | alleged unlawful reprisal that occurs as a consequence of an |
162 | employee's direct or indirect involvement with an application to |
163 | establish a charter school: |
164 | 1. Within 60 days after the date upon which a reprisal |
165 | prohibited by this subsection is alleged to have occurred, an |
166 | employee may file a complaint with the Department of Education. |
167 | 2. Within 3 working days after receiving a complaint under |
168 | this section, the Department of Education shall acknowledge |
169 | receipt of the complaint and provide copies of the complaint and |
170 | any other relevant preliminary information available to each of |
171 | the other parties named in the complaint, which parties shall |
172 | each acknowledge receipt of such copies to the complainant. |
173 | 3. If the Department of Education determines that the |
174 | complaint demonstrates reasonable cause to suspect that an |
175 | unlawful reprisal has occurred, the Department of Education |
176 | shall conduct an investigation to produce a fact-finding report. |
177 | 4. Within 90 days after receiving the complaint, the |
178 | Department of Education shall provide the district school |
179 | superintendent of the complainant's district and the complainant |
180 | with a fact-finding report that may include recommendations to |
181 | the parties or a proposed resolution of the complaint. The fact- |
182 | finding report shall be presumed admissible in any subsequent or |
183 | related administrative or judicial review. |
184 | 5. If the Department of Education determines that |
185 | reasonable grounds exist to believe that an unlawful reprisal |
186 | has occurred, is occurring, or is to be taken, and is unable to |
187 | conciliate a complaint within 60 days after receipt of the fact- |
188 | finding report, the Department of Education shall terminate the |
189 | investigation. Upon termination of any investigation, the |
190 | Department of Education shall notify the complainant and the |
191 | district school superintendent of the termination of the |
192 | investigation, providing a summary of relevant facts found |
193 | during the investigation and the reasons for terminating the |
194 | investigation. A written statement under this paragraph is |
195 | presumed admissible as evidence in any judicial or |
196 | administrative proceeding. |
197 | 6. The Department of Education shall either contract with |
198 | the Division of Administrative Hearings under s. 120.65, or |
199 | otherwise provide for a complaint for which the Department of |
200 | Education determines reasonable grounds exist to believe that an |
201 | unlawful reprisal has occurred, is occurring, or is to be taken, |
202 | and is unable to conciliate, to be heard by a panel of impartial |
203 | persons. Upon hearing the complaint, the panel shall make |
204 | findings of fact and conclusions of law for a final decision by |
205 | the Department of Education. |
206 |
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207 | It shall be an affirmative defense to any action brought |
208 | pursuant to this section that the adverse action was predicated |
209 | upon grounds other than, and would have been taken absent, the |
210 | employee's exercise of rights protected by this section. |
211 | (b) In any action brought under this section for which it |
212 | is determined reasonable grounds exist to believe that an |
213 | unlawful reprisal has occurred, is occurring, or is to be taken, |
214 | the relief shall include the following: |
215 | 1. Reinstatement of the employee to the same position held |
216 | before the unlawful reprisal was commenced, or to an equivalent |
217 | position, or payment of reasonable front pay as alternative |
218 | relief. |
219 | 2. Reinstatement of the employee's full fringe benefits |
220 | and seniority rights, as appropriate. |
221 | 3. Compensation, if appropriate, for lost wages, benefits, |
222 | or other lost remuneration caused by the unlawful reprisal. |
223 | 4. Payment of reasonable costs, including attorney's fees, |
224 | to a substantially prevailing employee, or to the prevailing |
225 | employer if the employee filed a frivolous action in bad faith. |
226 | 5. Issuance of an injunction, if appropriate, by a court |
227 | of competent jurisdiction. |
228 | 6. Temporary reinstatement to the employee's former |
229 | position or to an equivalent position, pending the final outcome |
230 | of the complaint, if it is determined that the action was not |
231 | made in bad faith or for a wrongful purpose, and did not occur |
232 | after a district school board's initiation of a personnel action |
233 | against the employee that includes documentation of the |
234 | employee's violation of a disciplinary standard or performance |
235 | deficiency. |
236 | (5) SPONSOR; DUTIES.- |
237 | (a) Sponsoring entities.- |
238 | 1. A district school board may sponsor a charter school in |
239 | the county over which the district school board has |
240 | jurisdiction. |
241 | 2. A state university, a private university, or a public |
242 | entity may grant a charter to a lab school created under s. |
243 | 1002.32 and shall be considered to be the school's sponsor. Such |
244 | school shall be considered a charter lab school. |
245 | (b) Sponsor duties.- |
246 | 1.a. The sponsor shall monitor and review the charter |
247 | school in its progress toward the goals established in the |
248 | charter. |
249 | b. The sponsor shall monitor the revenues and expenditures |
250 | of the charter school and perform the duties provided in s. |
251 | 1002.345. |
252 | c. The sponsor may approve a charter for a charter school |
253 | before the applicant has identified space, equipment, or |
254 | personnel, if the applicant indicates approval is necessary for |
255 | it to raise working funds. |
256 | d. The sponsor's policies shall not apply to a charter |
257 | school unless mutually agreed to by both the sponsor and the |
258 | charter school. |
259 | e. The sponsor shall ensure that the charter is innovative |
260 | and consistent with the state education goals established by s. |
261 | 1000.03(5). |
262 | f. The sponsor shall ensure that the charter school |
263 | participates in the state's education accountability system. If |
264 | a charter school falls short of performance measures included in |
265 | the approved charter, the sponsor shall report such shortcomings |
266 | to the Department of Education. |
267 | g. The sponsor shall not be liable for civil damages under |
268 | state law for personal injury, property damage, or death |
269 | resulting from an act or omission of an officer, employee, |
270 | agent, or governing body of the charter school. |
271 | h. The sponsor shall not be liable for civil damages under |
272 | state law for any employment actions taken by an officer, |
273 | employee, agent, or governing body of the charter school. |
274 | i. The sponsor's duties to monitor the charter school |
275 | shall not constitute the basis for a private cause of action. |
276 | j. The sponsor shall not impose additional reporting |
277 | requirements on a charter school without providing reasonable |
278 | and specific justification in writing to the charter school. |
279 | 2. Immunity for the sponsor of a charter school under |
280 | subparagraph 1. applies only with respect to acts or omissions |
281 | not under the sponsor's direct authority as described in this |
282 | section. |
283 | 3. This paragraph does not waive a district school board's |
284 | sovereign immunity. |
285 | 4. A community college may work with the school district |
286 | or school districts in its designated service area to develop |
287 | charter schools that offer secondary education. These charter |
288 | schools must include an option for students to receive an |
289 | associate degree upon high school graduation. District school |
290 | boards shall cooperate with and assist the community college on |
291 | the charter application. Community college applications for |
292 | charter schools are not subject to the time deadlines outlined |
293 | in subsection (6) and may be approved by the district school |
294 | board at any time during the year. Community colleges may not |
295 | report FTE for any students who receive FTE funding through the |
296 | Florida Education Finance Program. |
297 | (6) APPLICATION PROCESS AND REVIEW.-Charter school |
298 | applications are subject to the following requirements: |
299 | (a) A person or entity wishing to open a charter school |
300 | shall prepare and submit an application on a model application |
301 | form prepared by the Department of Education which: |
302 | 1. Demonstrates how the school will use the guiding |
303 | principles and meet the statutorily defined purpose of a charter |
304 | school. |
305 | 2. Provides a detailed curriculum plan that illustrates |
306 | how students will be provided services to attain the Sunshine |
307 | State Standards. |
308 | 3. Contains goals and objectives for improving student |
309 | learning and measuring that improvement. These goals and |
310 | objectives must indicate how much academic improvement students |
311 | are expected to show each year, how success will be evaluated, |
312 | and the specific results to be attained through instruction. |
313 | 4. Describes the reading curriculum and differentiated |
314 | strategies that will be used for students reading at grade level |
315 | or higher and a separate curriculum and strategies for students |
316 | who are reading below grade level. A sponsor shall deny a |
317 | charter if the school does not propose a reading curriculum that |
318 | is consistent with effective teaching strategies that are |
319 | grounded in scientifically based reading research. |
320 | 5. Contains an annual financial plan for each year |
321 | requested by the charter for operation of the school for up to 5 |
322 | years. This plan must contain anticipated fund balances based on |
323 | revenue projections, a spending plan based on projected revenues |
324 | and expenses, and a description of controls that will safeguard |
325 | finances and projected enrollment trends. |
326 | 6. Documents that the applicant has participated in the |
327 | training required in subparagraph (g)2. A sponsor may require an |
328 | applicant to provide additional information as an addendum to |
329 | the charter school application described in this paragraph. |
330 | (b) A sponsor shall receive and review all applications |
331 | for a charter school using an evaluation instrument developed by |
332 | the Department of Education. Beginning with the 2007-2008 school |
333 | year, a sponsor shall receive and consider charter school |
334 | applications received on or before August 1 of each calendar |
335 | year for charter schools to be opened at the beginning of the |
336 | school district's next school year, or to be opened at a time |
337 | agreed to by the applicant and the sponsor. A sponsor may |
338 | receive applications later than this date if it chooses. A |
339 | sponsor may not charge an applicant for a charter any fee for |
340 | the processing or consideration of an application, and a sponsor |
341 | may not base its consideration or approval of an application |
342 | upon the promise of future payment of any kind. |
343 | 1. In order to facilitate an accurate budget projection |
344 | process, a sponsor shall be held harmless for FTE students who |
345 | are not included in the FTE projection due to approval of |
346 | charter school applications after the FTE projection deadline. |
347 | In a further effort to facilitate an accurate budget projection, |
348 | within 15 calendar days after receipt of a charter school |
349 | application, a sponsor shall report to the Department of |
350 | Education the name of the applicant entity, the proposed charter |
351 | school location, and its projected FTE. |
352 | 2. In order to ensure fiscal responsibility, an |
353 | application for a charter school shall include a full accounting |
354 | of expected assets, a projection of expected sources and amounts |
355 | of income, including income derived from projected student |
356 | enrollments and from community support, and an expense |
357 | projection that includes full accounting of the costs of |
358 | operation, including start-up costs. |
359 | 3. A sponsor shall by a majority vote approve or deny an |
360 | application no later than 60 calendar days after the application |
361 | is received, unless the sponsor and the applicant mutually agree |
362 | in writing to temporarily postpone the vote to a specific date, |
363 | at which time the sponsor shall by a majority vote approve or |
364 | deny the application. If the sponsor fails to act on the |
365 | application, an applicant may appeal to the State Board of |
366 | Education as provided in paragraph (c). If an application is |
367 | denied, the sponsor shall, within 10 calendar days after such |
368 | denial, articulate in writing the specific reasons, based upon |
369 | good cause, supporting its denial of the charter application and |
370 | shall provide the letter of denial and supporting documentation |
371 | to the applicant and to the Department of Education supporting |
372 | those reasons. |
373 | 4. For budget projection purposes, the sponsor shall |
374 | report to the Department of Education the approval or denial of |
375 | a charter application within 10 calendar days after such |
376 | approval or denial. In the event of approval, the report to the |
377 | Department of Education shall include the final projected FTE |
378 | for the approved charter school. |
379 | 5. Upon approval of a charter application, the initial |
380 | startup shall commence with the beginning of the public school |
381 | calendar for the district in which the charter is granted unless |
382 | the sponsor allows a waiver of this subparagraph for good cause. |
383 | (c) An applicant may appeal any denial of that applicant's |
384 | application or failure to act on an application to the State |
385 | Board of Education no later than 30 calendar days after receipt |
386 | of the sponsor's decision or failure to act and shall notify the |
387 | sponsor of its appeal. Any response of the sponsor shall be |
388 | submitted to the State Board of Education within 30 calendar |
389 | days after notification of the appeal. Upon receipt of |
390 | notification from the State Board of Education that a charter |
391 | school applicant is filing an appeal, the Commissioner of |
392 | Education shall convene a meeting of the Charter School Appeal |
393 | Commission to study and make recommendations to the State Board |
394 | of Education regarding its pending decision about the appeal. |
395 | The commission shall forward its recommendation to the state |
396 | board no later than 7 calendar days prior to the date on which |
397 | the appeal is to be heard. The State Board of Education shall by |
398 | majority vote accept or reject the decision of the sponsor no |
399 | later than 90 calendar days after an appeal is filed in |
400 | accordance with State Board of Education rule. The Charter |
401 | School Appeal Commission may reject an appeal submission for |
402 | failure to comply with procedural rules governing the appeals |
403 | process. The rejection shall describe the submission errors. The |
404 | appellant may have up to 15 calendar days from notice of |
405 | rejection to resubmit an appeal that meets requirements of State |
406 | Board of Education rule. An application for appeal submitted |
407 | subsequent to such rejection shall be considered timely if the |
408 | original appeal was filed within 30 calendar days after receipt |
409 | of notice of the specific reasons for the sponsor's denial of |
410 | the charter application. The State Board of Education shall |
411 | remand the application to the sponsor with its written decision |
412 | that the sponsor approve or deny the application. The sponsor |
413 | shall implement the decision of the State Board of Education. |
414 | The decision of the State Board of Education is not subject to |
415 | the provisions of the Administrative Procedure Act, chapter 120. |
416 | (d) For charter school applications in school districts |
417 | that have not been granted exclusive authority to sponsor |
418 | charter schools pursuant to s. 1002.335(5), the right to appeal |
419 | an application denial under paragraph (c) shall be contingent on |
420 | the applicant having submitted the same or a substantially |
421 | similar application to the Florida Schools of Excellence |
422 | Commission or one of its cosponsors. Any such applicant whose |
423 | application is denied by the commission or one of its cosponsors |
424 | subsequent to its denial by the district school board may |
425 | exercise its right to appeal the district school board's denial |
426 | under paragraph (c) within 30 days after receipt of the |
427 | commission's or cosponsor's denial or failure to act on the |
428 | application. However, the applicant forfeits its right to appeal |
429 | under paragraph (c) if it fails to submit its application to the |
430 | commission or one of its cosponsors by August 1 of the school |
431 | year immediately following the district school board's denial of |
432 | the application. |
433 | (e) The sponsor shall act upon the decision of the State |
434 | Board of Education within 30 calendar days after it is received. |
435 | The State Board of Education's decision is a final action |
436 | subject to judicial review in the district court of appeal. |
437 | (f)1. A Charter School Appeal Commission is established to |
438 | assist the commissioner and the State Board of Education with a |
439 | fair and impartial review of appeals by applicants whose charter |
440 | applications have been denied, whose charter contracts have not |
441 | been renewed, or whose charter contracts have been terminated by |
442 | their sponsors. |
443 | 2. The Charter School Appeal Commission may receive copies |
444 | of the appeal documents forwarded to the State Board of |
445 | Education, review the documents, gather other applicable |
446 | information regarding the appeal, and make a written |
447 | recommendation to the commissioner. The recommendation must |
448 | state whether the appeal should be upheld or denied and include |
449 | the reasons for the recommendation being offered. The |
450 | commissioner shall forward the recommendation to the State Board |
451 | of Education no later than 7 calendar days prior to the date on |
452 | which the appeal is to be heard. The state board must consider |
453 | the commission's recommendation in making its decision, but is |
454 | not bound by the recommendation. The decision of the Charter |
455 | School Appeal Commission is not subject to the provisions of the |
456 | Administrative Procedure Act, chapter 120. |
457 | 3. The commissioner shall appoint the members of the |
458 | Charter School Appeal Commission. Members shall serve without |
459 | compensation but may be reimbursed for travel and per diem |
460 | expenses in conjunction with their service. One-half of the |
461 | members must represent currently operating charter schools, and |
462 | one-half of the members must represent sponsors. The |
463 | commissioner or a named designee shall chair the Charter School |
464 | Appeal Commission. |
465 | 4. The chair shall convene meetings of the commission and |
466 | shall ensure that the written recommendations are completed and |
467 | forwarded in a timely manner. In cases where the commission |
468 | cannot reach a decision, the chair shall make the written |
469 | recommendation with justification, noting that the decision was |
470 | rendered by the chair. |
471 | 5. Commission members shall thoroughly review the |
472 | materials presented to them from the appellant and the sponsor. |
473 | The commission may request information to clarify the |
474 | documentation presented to it. In the course of its review, the |
475 | commission may facilitate the postponement of an appeal in those |
476 | cases where additional time and communication may negate the |
477 | need for a formal appeal and both parties agree, in writing, to |
478 | postpone the appeal to the State Board of Education. A new date |
479 | certain for the appeal shall then be set based upon the rules |
480 | and procedures of the State Board of Education. Commission |
481 | members shall provide a written recommendation to the state |
482 | board as to whether the appeal should be upheld or denied. A |
483 | fact-based justification for the recommendation must be |
484 | included. The chair must ensure that the written recommendation |
485 | is submitted to the State Board of Education members no later |
486 | than 7 calendar days prior to the date on which the appeal is to |
487 | be heard. Both parties in the case shall also be provided a copy |
488 | of the recommendation. |
489 | (g)1. The Department of Education shall offer or arrange |
490 | for training and technical assistance to charter school |
491 | applicants in developing business plans and estimating costs and |
492 | income. This assistance shall address estimating startup costs, |
493 | projecting enrollment, and identifying the types and amounts of |
494 | state and federal financial assistance the charter school may be |
495 | eligible to receive. The department may provide other technical |
496 | assistance to an applicant upon written request. |
497 | 2. A charter school applicant must participate in the |
498 | training provided by the Department of Education before filing |
499 | an application. However, a sponsor may require the charter |
500 | school applicant to attend training provided by the sponsor in |
501 | lieu of the department's training if the sponsor's training |
502 | standards meet or exceed the standards developed by the |
503 | Department of Education. The training shall include instruction |
504 | in accurate financial planning and good business practices. If |
505 | the applicant is a management company or other nonprofit |
506 | organization, the charter school principal and the chief |
507 | financial officer or his or her equivalent must also participate |
508 | in the training. |
509 | (h) In considering charter applications for a lab school, |
510 | a state university, a private university, or a public entity |
511 | shall consult with the district school board of the county in |
512 | which the lab school is located. The decision of a state |
513 | university, a private university, or a public entity may be |
514 | appealed by the district school board of the county in which the |
515 | lab school is located pursuant to the procedure established in |
516 | this subsection. |
517 | (i) The terms and conditions for the operation of a |
518 | charter school shall be set forth by the sponsor and the |
519 | applicant in a written contractual agreement, called a charter. |
520 | The sponsor shall not impose unreasonable rules or regulations |
521 | that violate the intent of giving charter schools greater |
522 | flexibility to meet educational goals. The sponsor shall have 60 |
523 | days to provide an initial proposed charter contract to the |
524 | charter school. The applicant and the sponsor shall have 75 days |
525 | thereafter to negotiate and notice the charter contract for |
526 | final approval by the sponsor unless both parties agree to an |
527 | extension. The proposed charter contract shall be provided to |
528 | the charter school at least 7 calendar days prior to the date of |
529 | the meeting at which the charter is scheduled to be voted upon |
530 | by the sponsor. The Department of Education shall provide |
531 | mediation services for any dispute regarding this section |
532 | subsequent to the approval of a charter application and for any |
533 | dispute relating to the approved charter, except disputes |
534 | regarding charter school application denials. If the |
535 | Commissioner of Education determines that the dispute cannot be |
536 | settled through mediation, the dispute may be appealed to an |
537 | administrative law judge appointed by the Division of |
538 | Administrative Hearings. The administrative law judge may rule |
539 | on issues of equitable treatment of the charter school as a |
540 | public school, whether proposed provisions of the charter |
541 | violate the intended flexibility granted charter schools by |
542 | statute, or on any other matter regarding this section except a |
543 | charter school application denial, a charter termination, or a |
544 | charter nonrenewal and shall award the prevailing party |
545 | reasonable attorney's fees and costs incurred to be paid by the |
546 | losing party. The costs of the administrative hearing shall be |
547 | paid by the party whom the administrative law judge rules |
548 | against. |
549 | (7) CHARTER.-The major issues involving the operation of a |
550 | charter school shall be considered in advance and written into |
551 | the charter. The charter shall be signed by the governing body |
552 | of the charter school and the sponsor, following a public |
553 | hearing to ensure community input. |
554 | (a) The charter shall address and criteria for approval of |
555 | the charter shall be based on: |
556 | 1. The school's mission, the students to be served, and |
557 | the ages and grades to be included. |
558 | 2. The focus of the curriculum, the instructional methods |
559 | to be used, any distinctive instructional techniques to be |
560 | employed, and identification and acquisition of appropriate |
561 | technologies needed to improve educational and administrative |
562 | performance which include a means for promoting safe, ethical, |
563 | and appropriate uses of technology which comply with legal and |
564 | professional standards. The charter shall ensure that reading is |
565 | a primary focus of the curriculum and that resources are |
566 | provided to identify and provide specialized instruction for |
567 | students who are reading below grade level. The curriculum and |
568 | instructional strategies for reading must be consistent with the |
569 | Sunshine State Standards and grounded in scientifically based |
570 | reading research. |
571 | 3. The current incoming baseline standard of student |
572 | academic achievement, the outcomes to be achieved, and the |
573 | method of measurement that will be used. The criteria listed in |
574 | this subparagraph shall include a detailed description of: |
575 | a. How the baseline student academic achievement levels |
576 | and prior rates of academic progress will be established. |
577 | b. How these baseline rates will be compared to rates of |
578 | academic progress achieved by these same students while |
579 | attending the charter school. |
580 | c. To the extent possible, how these rates of progress |
581 | will be evaluated and compared with rates of progress of other |
582 | closely comparable student populations. |
583 |
|
584 | The district school board is required to provide academic |
585 | student performance data to charter schools for each of their |
586 | students coming from the district school system, as well as |
587 | rates of academic progress of comparable student populations in |
588 | the district school system. |
589 | 4. The methods used to identify the educational strengths |
590 | and needs of students and how well educational goals and |
591 | performance standards are met by students attending the charter |
592 | school. The methods shall provide a means for the charter school |
593 | to ensure accountability to its constituents by analyzing |
594 | student performance data and by evaluating the effectiveness and |
595 | efficiency of its major educational programs. Students in |
596 | charter schools shall, at a minimum, participate in the |
597 | statewide assessment program created under s. 1008.22. |
598 | 5. In secondary charter schools, a method for determining |
599 | that a student has satisfied the requirements for graduation in |
600 | s. 1003.428, s. 1003.429, or s. 1003.43. |
601 | 6. A method for resolving conflicts between the governing |
602 | body of the charter school and the sponsor. |
603 | 7. The admissions procedures and dismissal procedures, |
604 | including the school's code of student conduct. |
605 | 8. The ways by which the school will achieve a |
606 | racial/ethnic balance reflective of the community it serves or |
607 | within the racial/ethnic range of other public schools in the |
608 | same school district. |
609 | 9. The financial and administrative management of the |
610 | school, including a reasonable demonstration of the professional |
611 | experience or competence of those individuals or organizations |
612 | applying to operate the charter school or those hired or |
613 | retained to perform such professional services and the |
614 | description of clearly delineated responsibilities and the |
615 | policies and practices needed to effectively manage the charter |
616 | school. A description of internal audit procedures and |
617 | establishment of controls to ensure that financial resources are |
618 | properly managed must be included. Both public sector and |
619 | private sector professional experience shall be equally valid in |
620 | such a consideration. |
621 | 10. The asset and liability projections required in the |
622 | application which are incorporated into the charter and shall be |
623 | compared with information provided in the annual report of the |
624 | charter school. |
625 | 11. A description of procedures that identify various |
626 | risks and provide for a comprehensive approach to reduce the |
627 | impact of losses; plans to ensure the safety and security of |
628 | students and staff; plans to identify, minimize, and protect |
629 | others from violent or disruptive student behavior; and the |
630 | manner in which the school will be insured, including whether or |
631 | not the school will be required to have liability insurance, |
632 | and, if so, the terms and conditions thereof and the amounts of |
633 | coverage. |
634 | 12. The term of the charter which shall provide for |
635 | cancellation of the charter if insufficient progress has been |
636 | made in attaining the student achievement objectives of the |
637 | charter and if it is not likely that such objectives can be |
638 | achieved before expiration of the charter. The initial term of a |
639 | charter shall be for 4 or 5 years. In order to facilitate access |
640 | to long-term financial resources for charter school |
641 | construction, charter schools that are operated by a |
642 | municipality or other public entity as provided by law are |
643 | eligible for up to a 15-year charter, subject to approval by the |
644 | district school board. A charter lab school is eligible for a |
645 | charter for a term of up to 15 years. In addition, to facilitate |
646 | access to long-term financial resources for charter school |
647 | construction, charter schools that are operated by a private, |
648 | not-for-profit, s. 501(c)(3) status corporation are eligible for |
649 | up to a 15-year charter, subject to approval by the district |
650 | school board. Such long-term charters remain subject to annual |
651 | review and may be terminated during the term of the charter, but |
652 | only according to the provisions set forth in subsection (9)(8). |
653 | 13. The facilities to be used and their location. |
654 | 14. The qualifications to be required of the teachers and |
655 | the potential strategies used to recruit, hire, train, and |
656 | retain qualified staff to achieve best value. |
657 | 15. The governance structure of the school, including the |
658 | status of the charter school as a public or private employer as |
659 | required in paragraph (13)(12)(i). |
660 | 16. A timetable for implementing the charter which |
661 | addresses the implementation of each element thereof and the |
662 | date by which the charter shall be awarded in order to meet this |
663 | timetable. |
664 | 17. In the case of an existing public school that is being |
665 | converted to charter status, alternative arrangements for |
666 | current students who choose not to attend the charter school and |
667 | for current teachers who choose not to teach in the charter |
668 | school after conversion in accordance with the existing |
669 | collective bargaining agreement or district school board rule in |
670 | the absence of a collective bargaining agreement. However, |
671 | alternative arrangements shall not be required for current |
672 | teachers who choose not to teach in a charter lab school, except |
673 | as authorized by the employment policies of the state university |
674 | which grants the charter to the lab school. |
675 | 18. Full disclosure of the identity of all relatives |
676 | employed by the charter school who are related to the charter |
677 | school owner, president, chairperson of the governing board of |
678 | directors, superintendent, governing board member, principal, |
679 | assistant principal, or any other person employed by the charter |
680 | school who has equivalent decisionmaking authority. For the |
681 | purpose of this subparagraph, the term "relative" means father, |
682 | mother, son, daughter, brother, sister, uncle, aunt, first |
683 | cousin, nephew, niece, husband, wife, father-in-law, mother-in- |
684 | law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, |
685 | stepfather, stepmother, stepson, stepdaughter, stepbrother, |
686 | stepsister, half brother, or half sister. |
687 | (b)1. A charter may be renewed provided that a program |
688 | review demonstrates that the criteria in paragraph (a) have been |
689 | successfully accomplished and that none of the grounds for |
690 | nonrenewal established by paragraph (9)(8)(a) has been |
691 | documented. In order to facilitate long-term financing for |
692 | charter school construction, charter schools operating for a |
693 | minimum of 3 years and demonstrating exemplary academic |
694 | programming and fiscal management are eligible for a 15-year |
695 | charter renewal. Such long-term charter is subject to annual |
696 | review and may be terminated during the term of the charter. |
697 | 2. The 15-year charter renewal that may be granted |
698 | pursuant to subparagraph 1. shall be granted to a charter school |
699 | that has received a school grade of "A" or "B" pursuant to s. |
700 | 1008.34 in 3 of the past 4 years and is not in a state of |
701 | financial emergency or deficit position as defined by this |
702 | section. Such long-term charter is subject to annual review and |
703 | may be terminated during the term of the charter pursuant to |
704 | subsection (9) (8). |
705 | (c) A charter may be modified during its initial term or |
706 | any renewal term upon the recommendation of the sponsor or the |
707 | charter school governing board and the approval of both parties |
708 | to the agreement. |
709 | (8) HIGH-PERFORMING CHARTER SCHOOLS.- |
710 | (a) A charter school is designated as a high-performing |
711 | charter school if it meets all of the following criteria: |
712 | 1. Has received a school grade of "A" or "B" pursuant to |
713 | s. 1008.34 for 3 consecutive years. |
714 | 2. Has received unqualified opinions on its annual audited |
715 | financial statements for 3 consecutive years. |
716 | 3. Has maintained positive fund balances for 3 consecutive |
717 | years. |
718 | (b) A high-performing charter school is entitled to: |
719 | 1. Automatically renew its charter for 15 years. |
720 | 2. Increase its enrollment in excess of the maximum |
721 | enrollment specified in its charter. |
722 | 3. Automatically qualify for startup grants for new |
723 | applicants. |
724 | 4. Receive capital outlay funds under s. 1013.62 beginning |
725 | with the first year it receives a high-performing charter school |
726 | designation. |
727 | 5. Receive an extension of time until January 1 to submit |
728 | an initial application pursuant to subsection (6) to replicate a |
729 | successful charter school. |
730 | (9)(8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.- |
731 | (a) The sponsor may choose not to renew or may terminate |
732 | the charter for any of the following grounds: |
733 | 1. Failure to participate in the state's education |
734 | accountability system created in s. 1008.31, as required in this |
735 | section, or failure to meet the requirements for student |
736 | performance stated in the charter. |
737 | 2. Failure to meet generally accepted standards of fiscal |
738 | management. |
739 | 3. Violation of law. |
740 | 4. Other good cause shown to the Commissioner of |
741 | Education. |
742 | (b) At least 90 days prior to renewing or terminating a |
743 | charter, the sponsor shall notify the governing body of the |
744 | school of the proposed action in writing. The notice shall state |
745 | in reasonable detail the grounds for the proposed action and |
746 | stipulate that the school's governing body may, within 14 |
747 | calendar days after receiving the notice, request an informal |
748 | hearing before the sponsor. The sponsor shall conduct the |
749 | informal hearing within 30 calendar days after receiving a |
750 | written request. |
751 | (c) If a charter is not renewed or is terminated pursuant |
752 | to paragraph (b), the sponsor shall, within 10 calendar days, |
753 | articulate in writing the specific reasons for its nonrenewal or |
754 | termination of the charter and must provide the letter of |
755 | nonrenewal or termination and documentation supporting the |
756 | reasons to the charter school governing body, the charter school |
757 | principal, and the Department of Education. The charter school's |
758 | governing body may, within 30 calendar days after receiving the |
759 | sponsor's final written decision to refuse to renew or to |
760 | terminate the charter, appeal the decision pursuant to the |
761 | procedure established in subsection (6). |
762 | (d) A charter may be terminated immediately if the sponsor |
763 | determines that good cause has been shown or if the health, |
764 | safety, or welfare of the students is threatened. The sponsor's |
765 | determination is not subject to an informal hearing under |
766 | paragraph (b) or pursuant to chapter 120. The sponsor shall |
767 | notify in writing the charter school's governing body, the |
768 | charter school principal, and the department if a charter is |
769 | immediately terminated. The sponsor shall clearly identify the |
770 | specific issues that resulted in the immediate termination and |
771 | provide evidence of prior notification of issues resulting in |
772 | the immediate termination when appropriate. The school district |
773 | in which the charter school is located shall assume operation of |
774 | the school under these circumstances. The charter school's |
775 | governing board may, within 30 days after receiving the |
776 | sponsor's decision to terminate the charter, appeal the decision |
777 | pursuant to the procedure established in subsection (6). |
778 | (e) When a charter is not renewed or is terminated, the |
779 | school shall be dissolved under the provisions of law under |
780 | which the school was organized, and any unencumbered public |
781 | funds, except for capital outlay funds and federal charter |
782 | school program grant funds, from the charter school shall revert |
783 | to the sponsor. Capital outlay funds provided pursuant to s. |
784 | 1013.62 and federal charter school program grant funds that are |
785 | unencumbered shall revert to the department to be redistributed |
786 | among eligible charter schools. In the event a charter school is |
787 | dissolved or is otherwise terminated, all district school board |
788 | property and improvements, furnishings, and equipment purchased |
789 | with public funds shall automatically revert to full ownership |
790 | by the district school board, subject to complete satisfaction |
791 | of any lawful liens or encumbrances. Any unencumbered public |
792 | funds from the charter school, district school board property |
793 | and improvements, furnishings, and equipment purchased with |
794 | public funds, or financial or other records pertaining to the |
795 | charter school, in the possession of any person, entity, or |
796 | holding company, other than the charter school, shall be held in |
797 | trust upon the district school board's request, until any appeal |
798 | status is resolved. |
799 | (f) If a charter is not renewed or is terminated, the |
800 | charter school is responsible for all debts of the charter |
801 | school. The district may not assume the debt from any contract |
802 | made between the governing body of the school and a third party, |
803 | except for a debt that is previously detailed and agreed upon in |
804 | writing by both the district and the governing body of the |
805 | school and that may not reasonably be assumed to have been |
806 | satisfied by the district. |
807 | (g) If a charter is not renewed or is terminated, a |
808 | student who attended the school may apply to, and shall be |
809 | enrolled in, another public school. Normal application deadlines |
810 | shall be disregarded under such circumstances. |
811 | (10)(9) CHARTER SCHOOL REQUIREMENTS.- |
812 | (a) A charter school shall be nonsectarian in its |
813 | programs, admission policies, employment practices, and |
814 | operations. |
815 | (b) A charter school shall admit students as provided in |
816 | subsection (11) (10). |
817 | (c) A charter school shall be accountable to its sponsor |
818 | for performance as provided in subsection (7). |
819 | (d) A charter school shall not charge tuition or |
820 | registration fees, except those fees normally charged by other |
821 | public schools. However, a charter lab school may charge a |
822 | student activity and service fee as authorized by s. 1002.32(5). |
823 | (e) A charter school shall meet all applicable state and |
824 | local health, safety, and civil rights requirements. |
825 | (f) A charter school shall not violate the |
826 | antidiscrimination provisions of s. 1000.05. |
827 | (g) In order to provide financial information that is |
828 | comparable to that reported for other public schools, charter |
829 | schools are to maintain all financial records that constitute |
830 | their accounting system: |
831 | 1. In accordance with the accounts and codes prescribed in |
832 | the most recent issuance of the publication titled "Financial |
833 | and Program Cost Accounting and Reporting for Florida Schools"; |
834 | or |
835 | 2. At the discretion of the charter school governing |
836 | board, a charter school may elect to follow generally accepted |
837 | accounting standards for not-for-profit organizations, but must |
838 | reformat this information for reporting according to this |
839 | paragraph. |
840 |
|
841 | Charter schools shall provide annual financial report and |
842 | program cost report information in the state-required formats |
843 | for inclusion in district reporting in compliance with s. |
844 | 1011.60(1). Charter schools that are operated by a municipality |
845 | or are a component unit of a parent nonprofit organization may |
846 | use the accounting system of the municipality or the parent but |
847 | must reformat this information for reporting according to this |
848 | paragraph. A charter school shall provide a quarterly monthly |
849 | financial statement to the sponsor unless the charter school is |
850 | determined to be in a state of financial emergency pursuant to |
851 | s. 1002.345, in which case the charter school shall provide a |
852 | monthly financial statement. The monthly financial statement |
853 | required under this paragraph shall be in a form prescribed by |
854 | the Department of Education. |
855 | (h) The governing board of the charter school shall |
856 | annually adopt and maintain an operating budget. |
857 | (i) The governing body of the charter school shall |
858 | exercise continuing oversight over charter school operations. |
859 | (j) The governing body of the charter school shall be |
860 | responsible for: |
861 | 1. Ensuring that the charter school has retained the |
862 | services of a certified public accountant or auditor for the |
863 | annual financial audit, pursuant to s. 1002.345(2), who shall |
864 | submit the report to the governing body. |
865 | 2. Reviewing and approving the audit report, including |
866 | audit findings and recommendations for the financial recovery |
867 | plan. |
868 | 3.a. Performing the duties in s. 1002.345, including |
869 | monitoring a corrective action plan. |
870 | b. Monitoring a financial recovery plan in order to ensure |
871 | compliance. |
872 | 4. Participating in governance training approved by the |
873 | department which must include government in the sunshine, |
874 | conflicts of interest, ethics, and financial responsibility. |
875 | (k) The governing body of the charter school shall report |
876 | its progress annually to its sponsor, which shall forward the |
877 | report to the Commissioner of Education at the same time as |
878 | other annual school accountability reports. The Department of |
879 | Education shall develop a uniform, online annual accountability |
880 | report to be completed by charter schools. This report shall be |
881 | easy to utilize and contain demographic information, student |
882 | performance data, and financial accountability information. A |
883 | charter school shall not be required to provide information and |
884 | data that is duplicative and already in the possession of the |
885 | department. The Department of Education shall include in its |
886 | compilation a notation if a school failed to file its report by |
887 | the deadline established by the department. The report shall |
888 | include at least the following components: |
889 | 1. Student achievement performance data, including the |
890 | information required for the annual school report and the |
891 | education accountability system governed by ss. 1008.31 and |
892 | 1008.345. Charter schools are subject to the same accountability |
893 | requirements as other public schools, including reports of |
894 | student achievement information that links baseline student data |
895 | to the school's performance projections identified in the |
896 | charter. The charter school shall identify reasons for any |
897 | difference between projected and actual student performance. |
898 | 2. Financial status of the charter school which must |
899 | include revenues and expenditures at a level of detail that |
900 | allows for analysis of the charter school's ability to meet |
901 | financial obligations and timely repayment of debt. |
902 | 3. Documentation of the facilities in current use and any |
903 | planned facilities for use by the charter school for instruction |
904 | of students, administrative functions, or investment purposes. |
905 | 4. Descriptive information about the charter school's |
906 | personnel, including salary and benefit levels of charter school |
907 | employees, the proportion of instructional personnel who hold |
908 | professional or temporary certificates, and the proportion of |
909 | instructional personnel teaching in-field or out-of-field. |
910 | (l) A charter school shall not levy taxes or issue bonds |
911 | secured by tax revenues. |
912 | (m) A charter school shall provide instruction for at |
913 | least the number of days required by law for other public |
914 | schools and may provide instruction for additional days. |
915 | (n) The director and a representative of the governing |
916 | body of a charter school that has received a school grade of "D" |
917 | under s. 1008.34(2) shall appear before the sponsor or the |
918 | sponsor's staff at least once a year to present information |
919 | concerning each contract component having noted deficiencies. |
920 | The sponsor shall communicate at the meeting, and in writing to |
921 | the director, the services provided to the school to help the |
922 | school address its deficiencies. |
923 | (o) Upon notification that a charter school receives a |
924 | school grade of "D" for 2 consecutive years or a school grade of |
925 | "F" under s. 1008.34(2), the charter school sponsor or the |
926 | sponsor's staff shall require the director and a representative |
927 | of the governing body to submit to the sponsor for approval a |
928 | school improvement plan to raise student achievement and to |
929 | implement the plan. The sponsor has the authority to approve a |
930 | school improvement plan that the charter school will implement |
931 | in the following school year. The sponsor may also consider the |
932 | State Board of Education's recommended action pursuant to s. |
933 | 1008.33(1) as part of the school improvement plan. The |
934 | Department of Education shall offer technical assistance and |
935 | training to the charter school and its governing body and |
936 | establish guidelines for developing, submitting, and approving |
937 | such plans. |
938 | 1. If the charter school fails to improve its student |
939 | performance from the year immediately prior to the |
940 | implementation of the school improvement plan, the sponsor shall |
941 | place the charter school on probation and shall require the |
942 | charter school governing body to take one of the following |
943 | corrective actions: |
944 | a. Contract for the educational services of the charter |
945 | school; |
946 | b. Reorganize the school at the end of the school year |
947 | under a new director or principal who is authorized to hire new |
948 | staff and implement a plan that addresses the causes of |
949 | inadequate progress; or |
950 | c. Reconstitute the charter school. |
951 | 2. A charter school that is placed on probation shall |
952 | continue the corrective actions required under subparagraph 1. |
953 | until the charter school improves its student performance from |
954 | the year prior to the implementation of the school improvement |
955 | plan. |
956 | 3. Notwithstanding any provision of this paragraph, the |
957 | sponsor may terminate the charter at any time pursuant to |
958 | subsection (9) (8). |
959 | (p) The director and a representative of the governing |
960 | body of a graded charter school that has submitted a school |
961 | improvement plan or has been placed on probation under paragraph |
962 | (o) shall appear before the sponsor or the sponsor's staff at |
963 | least once a year to present information regarding the |
964 | corrective strategies that are being implemented by the school |
965 | pursuant to the school improvement plan. The sponsor shall |
966 | communicate at the meeting, and in writing to the director, the |
967 | services provided to the school to help the school address its |
968 | deficiencies. |
969 | (11)(10) ELIGIBLE STUDENTS.- |
970 | (a) A charter school shall be open to any student covered |
971 | in an interdistrict agreement or residing in the school district |
972 | in which the charter school is located; however, in the case of |
973 | a charter lab school, the charter lab school shall be open to |
974 | any student eligible to attend the lab school as provided in s. |
975 | 1002.32 or who resides in the school district in which the |
976 | charter lab school is located. Any eligible student shall be |
977 | allowed interdistrict transfer to attend a charter school when |
978 | based on good cause. Good cause shall include, but is not |
979 | limited to, geographic proximity to a charter school in a |
980 | neighboring school district. |
981 | (b) The charter school shall enroll an eligible student |
982 | who submits a timely application, unless the number of |
983 | applications exceeds the capacity of a program, class, grade |
984 | level, or building. In such case, all applicants shall have an |
985 | equal chance of being admitted through a random selection |
986 | process. |
987 | (c) When a public school converts to charter status, |
988 | enrollment preference shall be given to students who would have |
989 | otherwise attended that public school. The district school board |
990 | shall consult and negotiate with the conversion charter school |
991 | every 3 years to determine whether realignment of the conversion |
992 | charter school's attendance zone is appropriate in order to |
993 | ensure that students residing closest to the charter school are |
994 | provided with an enrollment preference. |
995 | (d) A charter school may give enrollment preference to the |
996 | following student populations: |
997 | 1. Students who are siblings of a student enrolled in the |
998 | charter school. |
999 | 2. Students who are the children of a member of the |
1000 | governing board of the charter school. |
1001 | 3. Students who are the children of an employee of the |
1002 | charter school. |
1003 | (e) A charter school may limit the enrollment process only |
1004 | to target the following student populations: |
1005 | 1. Students within specific age groups or grade levels. |
1006 | 2. Students considered at risk of dropping out of school |
1007 | or academic failure. Such students shall include exceptional |
1008 | education students. |
1009 | 3. Students enrolling in a charter school-in-the-workplace |
1010 | or charter school-in-a-municipality established pursuant to |
1011 | subsection (16) (15). |
1012 | 4. Students residing within a reasonable distance of the |
1013 | charter school, as described in paragraph (21)(20)(c). Such |
1014 | students shall be subject to a random lottery and to the |
1015 | racial/ethnic balance provisions described in subparagraph |
1016 | (7)(a)8. or any federal provisions that require a school to |
1017 | achieve a racial/ethnic balance reflective of the community it |
1018 | serves or within the racial/ethnic range of other public schools |
1019 | in the same school district. |
1020 | 5. Students who meet reasonable academic, artistic, or |
1021 | other eligibility standards established by the charter school |
1022 | and included in the charter school application and charter or, |
1023 | in the case of existing charter schools, standards that are |
1024 | consistent with the school's mission and purpose. Such standards |
1025 | shall be in accordance with current state law and practice in |
1026 | public schools and may not discriminate against otherwise |
1027 | qualified individuals. |
1028 | 6. Students articulating from one charter school to |
1029 | another pursuant to an articulation agreement between the |
1030 | charter schools that has been approved by the sponsor. |
1031 | (f) Students with disabilities and students served in |
1032 | English for Speakers of Other Languages programs shall have an |
1033 | equal opportunity of being selected for enrollment in a charter |
1034 | school. |
1035 | (g) A student may withdraw from a charter school at any |
1036 | time and enroll in another public school as determined by |
1037 | district school board rule. |
1038 | (h) The capacity of the charter school shall be determined |
1039 | annually by the governing board, in conjunction with the |
1040 | sponsor, of the charter school in consideration of the factors |
1041 | identified in this subsection. |
1042 | (12)(11) PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR |
1043 | ACTIVITIES.-A charter school student is eligible to participate |
1044 | in an interscholastic extracurricular activity at the public |
1045 | school to which the student would be otherwise assigned to |
1046 | attend pursuant to s. 1006.15(3)(d). |
1047 | (13)(12) EMPLOYEES OF CHARTER SCHOOLS.- |
1048 | (a) A charter school shall select its own employees. A |
1049 | charter school may contract with its sponsor for the services of |
1050 | personnel employed by the sponsor. |
1051 | (b) Charter school employees shall have the option to |
1052 | bargain collectively. Employees may collectively bargain as a |
1053 | separate unit or as part of the existing district collective |
1054 | bargaining unit as determined by the structure of the charter |
1055 | school. |
1056 | (c) The employees of a conversion charter school shall |
1057 | remain public employees for all purposes, unless such employees |
1058 | choose not to do so. |
1059 | (d) The teachers at a charter school may choose to be part |
1060 | of a professional group that subcontracts with the charter |
1061 | school to operate the instructional program under the auspices |
1062 | of a partnership or cooperative that they collectively own. |
1063 | Under this arrangement, the teachers would not be public |
1064 | employees. |
1065 | (e) Employees of a school district may take leave to |
1066 | accept employment in a charter school upon the approval of the |
1067 | district school board. While employed by the charter school and |
1068 | on leave that is approved by the district school board, the |
1069 | employee may retain seniority accrued in that school district |
1070 | and may continue to be covered by the benefit programs of that |
1071 | school district, if the charter school and the district school |
1072 | board agree to this arrangement and its financing. School |
1073 | districts shall not require resignations of teachers desiring to |
1074 | teach in a charter school. This paragraph shall not prohibit a |
1075 | district school board from approving alternative leave |
1076 | arrangements consistent with chapter 1012. |
1077 | (f) Teachers employed by or under contract to a charter |
1078 | school shall be certified as required by chapter 1012. A charter |
1079 | school governing board may employ or contract with skilled |
1080 | selected noncertified personnel to provide instructional |
1081 | services or to assist instructional staff members as education |
1082 | paraprofessionals in the same manner as defined in chapter 1012, |
1083 | and as provided by State Board of Education rule for charter |
1084 | school governing boards. A charter school may not knowingly |
1085 | employ an individual to provide instructional services or to |
1086 | serve as an education paraprofessional if the individual's |
1087 | certification or licensure as an educator is suspended or |
1088 | revoked by this or any other state. A charter school may not |
1089 | knowingly employ an individual who has resigned from a school |
1090 | district in lieu of disciplinary action with respect to child |
1091 | welfare or safety, or who has been dismissed for just cause by |
1092 | any school district with respect to child welfare or safety. The |
1093 | qualifications of teachers shall be disclosed to parents. |
1094 | (g)1. A charter school shall employ or contract with |
1095 | employees who have undergone background screening as provided in |
1096 | s. 1012.32. Members of the governing board of the charter school |
1097 | shall also undergo background screening in a manner similar to |
1098 | that provided in s. 1012.32. |
1099 | 2. A charter school shall disqualify instructional |
1100 | personnel and school administrators, as defined in s. 1012.01, |
1101 | from employment in any position that requires direct contact |
1102 | with students if the personnel or administrators are ineligible |
1103 | for such employment under s. 1012.315. |
1104 | 3. The governing board of a charter school shall adopt |
1105 | policies establishing standards of ethical conduct for |
1106 | instructional personnel and school administrators. The policies |
1107 | must require all instructional personnel and school |
1108 | administrators, as defined in s. 1012.01, to complete training |
1109 | on the standards; establish the duty of instructional personnel |
1110 | and school administrators to report, and procedures for |
1111 | reporting, alleged misconduct by other instructional personnel |
1112 | and school administrators which affects the health, safety, or |
1113 | welfare of a student; and include an explanation of the |
1114 | liability protections provided under ss. 39.203 and 768.095. A |
1115 | charter school, or any of its employees, may not enter into a |
1116 | confidentiality agreement regarding terminated or dismissed |
1117 | instructional personnel or school administrators, or personnel |
1118 | or administrators who resign in lieu of termination, based in |
1119 | whole or in part on misconduct that affects the health, safety, |
1120 | or welfare of a student, and may not provide instructional |
1121 | personnel or school administrators with employment references or |
1122 | discuss the personnel's or administrators' performance with |
1123 | prospective employers in another educational setting, without |
1124 | disclosing the personnel's or administrators' misconduct. Any |
1125 | part of an agreement or contract that has the purpose or effect |
1126 | of concealing misconduct by instructional personnel or school |
1127 | administrators which affects the health, safety, or welfare of a |
1128 | student is void, is contrary to public policy, and may not be |
1129 | enforced. |
1130 | 4. Before employing instructional personnel or school |
1131 | administrators in any position that requires direct contact with |
1132 | students, a charter school shall conduct employment history |
1133 | checks of each of the personnel's or administrators' previous |
1134 | employers, screen the instructional personnel or school |
1135 | administrators through use of the educator screening tools |
1136 | described in s. 1001.10(5), and document the findings. If unable |
1137 | to contact a previous employer, the charter school must document |
1138 | efforts to contact the employer. |
1139 | 5. The sponsor of a charter school that knowingly fails to |
1140 | comply with this paragraph shall terminate the charter under |
1141 | subsection (9) (8). |
1142 | (h) For the purposes of tort liability, the governing body |
1143 | and employees of a charter school shall be governed by s. |
1144 | 768.28. |
1145 | (i) A charter school shall organize as, or be operated by, |
1146 | a nonprofit organization. A charter school may be operated by a |
1147 | municipality or other public entity as provided for by law. As |
1148 | such, the charter school may be either a private or a public |
1149 | employer. As a public employer, a charter school may participate |
1150 | in the Florida Retirement System upon application and approval |
1151 | as a "covered group" under s. 121.021(34). If a charter school |
1152 | participates in the Florida Retirement System, the charter |
1153 | school employees shall be compulsory members of the Florida |
1154 | Retirement System. As either a private or a public employer, a |
1155 | charter school may contract for services with an individual or |
1156 | group of individuals who are organized as a partnership or a |
1157 | cooperative. Individuals or groups of individuals who contract |
1158 | their services to the charter school are not public employees. |
1159 | (14)(13) CHARTER SCHOOL COOPERATIVES.-Charter schools may |
1160 | enter into cooperative agreements to form charter school |
1161 | cooperative organizations that may provide the following |
1162 | services: charter school planning and development, direct |
1163 | instructional services, and contracts with charter school |
1164 | governing boards to provide personnel administrative services, |
1165 | payroll services, human resource management, evaluation and |
1166 | assessment services, teacher preparation, and professional |
1167 | development. |
1168 | (15)(14) CHARTER SCHOOL FINANCIAL ARRANGEMENTS; |
1169 | INDEMNIFICATION OF THE STATE AND SCHOOL DISTRICT; CREDIT OR |
1170 | TAXING POWER NOT TO BE PLEDGED.-Any arrangement entered into to |
1171 | borrow or otherwise secure funds for a charter school authorized |
1172 | in this section from a source other than the state or a school |
1173 | district shall indemnify the state and the school district from |
1174 | any and all liability, including, but not limited to, financial |
1175 | responsibility for the payment of the principal or interest. Any |
1176 | loans, bonds, or other financial agreements are not obligations |
1177 | of the state or the school district but are obligations of the |
1178 | charter school authority and are payable solely from the sources |
1179 | of funds pledged by such agreement. The credit or taxing power |
1180 | of the state or the school district shall not be pledged and no |
1181 | debts shall be payable out of any moneys except those of the |
1182 | legal entity in possession of a valid charter approved by a |
1183 | district school board pursuant to this section. |
1184 | (16)(15) CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER |
1185 | SCHOOLS-IN-A-MUNICIPALITY.- |
1186 | (a) In order to increase business partnerships in |
1187 | education, to reduce school and classroom overcrowding |
1188 | throughout the state, and to offset the high costs for |
1189 | educational facilities construction, the Legislature intends to |
1190 | encourage the formation of business partnership schools or |
1191 | satellite learning centers and municipal-operated schools |
1192 | through charter school status. |
1193 | (b) A charter school-in-the-workplace may be established |
1194 | when a business partner: |
1195 | 1. Provides one of the following: |
1196 | a. Access to a the school facility to be used; |
1197 | b. Resources that materially reduce the cost of |
1198 | constructing a school facility; |
1199 | c. Land for a school facility; or |
1200 | d. Resources to maintain a school facility; |
1201 | 2. Enrolls students based upon a random lottery that |
1202 | involves all of the children of employees of that business or |
1203 | corporation who are seeking enrollment, as provided for in |
1204 | subsection (11) (10); and |
1205 | 3. Enrolls students according to the racial/ethnic balance |
1206 | provisions described in subparagraph (7)(a)8. |
1207 |
|
1208 | A charter school-in-the-workplace is eligible for capital outlay |
1209 | funding under s. 1013.62. Any portion of a facility used for a |
1210 | public charter school shall be exempt from ad valorem taxes, as |
1211 | provided for in s. 1013.54, for the duration of its use as a |
1212 | public school. |
1213 | (c) A charter school-in-a-municipality designation may be |
1214 | granted to a municipality that possesses a charter; enrolls |
1215 | students based upon a random lottery that involves all of the |
1216 | children of the residents of that municipality who are seeking |
1217 | enrollment, as provided for in subsection (11) (10); and enrolls |
1218 | students according to the racial/ethnic balance provisions |
1219 | described in subparagraph (7)(a)8. When a municipality has |
1220 | submitted charter applications for the establishment of a |
1221 | charter school feeder pattern, consisting of elementary, middle, |
1222 | and senior high schools, and each individual charter application |
1223 | is approved by the district school board, such schools shall |
1224 | then be designated as one charter school for all purposes listed |
1225 | pursuant to this section. Any portion of the land and facility |
1226 | used for a public charter school shall be exempt from ad valorem |
1227 | taxes, as provided for in s. 1013.54, for the duration of its |
1228 | use as a public school. |
1229 | (d) As used in this subsection, the terms "business |
1230 | partner" or "municipality" may include more than one business or |
1231 | municipality to form a charter school-in-the-workplace or |
1232 | charter school-in-a-municipality. |
1233 | (17)(16) EXEMPTION FROM STATUTES.- |
1234 | (a) A charter school shall operate in accordance with its |
1235 | charter and shall be exempt from all statutes in chapters 1000- |
1236 | 1013. However, a charter school shall be in compliance with the |
1237 | following statutes in chapters 1000-1013: |
1238 | 1. Those statutes specifically applying to charter |
1239 | schools, including this section. |
1240 | 2. Those statutes pertaining to the student assessment |
1241 | program and school grading system. |
1242 | 3. Those statutes pertaining to the provision of services |
1243 | to students with disabilities. |
1244 | 4. Those statutes pertaining to civil rights, including s. |
1245 | 1000.05, relating to discrimination. |
1246 | 5. Those statutes pertaining to student health, safety, |
1247 | and welfare. |
1248 | (b) Additionally, a charter school shall be in compliance |
1249 | with the following statutes and constitutional provisions: |
1250 | 1. Section 286.011, relating to public meetings and |
1251 | records, public inspection, and criminal and civil penalties. |
1252 | 2. Chapter 119, relating to public records. |
1253 | 3. Section 1, Art. IX of the State Constitution, relating |
1254 | to the maximum class size requirements, which shall be |
1255 | calculated at the school-level average in the specified grade |
1256 | groupings. |
1257 | (18)(17) FUNDING.-Students enrolled in a charter school, |
1258 | regardless of the sponsorship, shall be funded as if they are in |
1259 | a basic program or a special program, the same as students |
1260 | enrolled in other public schools in the school district. Funding |
1261 | for a charter lab school shall be as provided in s. 1002.32. |
1262 | (a) Each charter school shall report its student |
1263 | enrollment to the sponsor as required in s. 1011.62, and in |
1264 | accordance with the definitions in s. 1011.61. The sponsor shall |
1265 | include each charter school's enrollment in the district's |
1266 | report of student enrollment. All charter schools submitting |
1267 | student record information required by the Department of |
1268 | Education shall comply with the Department of Education's |
1269 | guidelines for electronic data formats for such data, and all |
1270 | districts shall accept electronic data that complies with the |
1271 | Department of Education's electronic format. |
1272 | (b) The basis for the agreement for funding students |
1273 | enrolled in a charter school shall be the sum of the school |
1274 | district's operating funds from the Florida Education Finance |
1275 | Program as provided in s. 1011.62 and the General Appropriations |
1276 | Act, including gross state and local funds, discretionary |
1277 | lottery funds, district school capital improvement millage as |
1278 | provided in s. 1011.71(2), and funds from the school district's |
1279 | current operating discretionary millage levy; divided by total |
1280 | funded weighted full-time equivalent students in the school |
1281 | district; multiplied by the weighted full-time equivalent |
1282 | students for the charter school. Charter schools whose students |
1283 | or programs meet the eligibility criteria in law shall be |
1284 | entitled to their proportionate share of categorical program |
1285 | funds included in the total funds available in the Florida |
1286 | Education Finance Program by the Legislature, including |
1287 | transportation. Total funding for each charter school shall be |
1288 | recalculated during the year to reflect the revised calculations |
1289 | under the Florida Education Finance Program by the state and the |
1290 | actual weighted full-time equivalent students reported by the |
1291 | charter school during the full-time equivalent student survey |
1292 | periods designated by the Commissioner of Education. |
1293 | (c) If the district school board is providing programs or |
1294 | services to students funded by federal funds, any eligible |
1295 | students enrolled in charter schools in the school district |
1296 | shall be provided federal funds for the same level of service |
1297 | provided students in the schools operated by the district school |
1298 | board. Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all |
1299 | charter schools shall receive all federal funding for which the |
1300 | school is otherwise eligible, including Title I and IDEA |
1301 | funding, not later than 5 months after the charter school first |
1302 | opens and within 5 months after any subsequent expansion of |
1303 | enrollment. |
1304 | (d) Charter schools shall be included by the Department of |
1305 | Education and the district school board in requests for federal |
1306 | stimulus funds in the same manner as district school board- |
1307 | operated public schools, including Title I and IDEA funds and |
1308 | shall be entitled to receive such funds. Charter schools are |
1309 | eligible to participate in federal competitive grants that are |
1310 | available as part of the federal stimulus funds. |
1311 | (e) District school boards shall make timely and efficient |
1312 | payment and reimbursement to charter schools, including |
1313 | processing paperwork required to access special state and |
1314 | federal funding for which they may be eligible. The district |
1315 | school board may distribute funds to a charter school for up to |
1316 | 3 months based on the projected full-time equivalent student |
1317 | membership of the charter school. Thereafter, the results of |
1318 | full-time equivalent student membership surveys shall be used in |
1319 | adjusting the amount of funds distributed monthly to the charter |
1320 | school for the remainder of the fiscal year. The payment shall |
1321 | be issued no later than 10 working days after the district |
1322 | school board receives a distribution of state or federal funds. |
1323 | If a warrant for payment is not issued within 10 working days |
1324 | after receipt of funding by the district school board, the |
1325 | school district shall pay to the charter school, in addition to |
1326 | the amount of the scheduled disbursement, interest at a rate of |
1327 | 1 percent per month calculated on a daily basis on the unpaid |
1328 | balance from the expiration of the 10 working days until such |
1329 | time as the warrant is issued. |
1330 | (19)(18) FACILITIES.- |
1331 | (a) A startup charter school shall utilize facilities |
1332 | which comply with the Florida Building Code pursuant to chapter |
1333 | 553 except for the State Requirements for Educational |
1334 | Facilities. Conversion charter schools shall utilize facilities |
1335 | that comply with the State Requirements for Educational |
1336 | Facilities provided that the school district and the charter |
1337 | school have entered into a mutual management plan for the |
1338 | reasonable maintenance of such facilities. The mutual management |
1339 | plan shall contain a provision by which the district school |
1340 | board agrees to maintain charter school facilities in the same |
1341 | manner as its other public schools within the district. Charter |
1342 | schools, with the exception of conversion charter schools, are |
1343 | not required to comply, but may choose to comply, with the State |
1344 | Requirements for Educational Facilities of the Florida Building |
1345 | Code adopted pursuant to s. 1013.37. The local governing |
1346 | authority shall not adopt or impose local building requirements |
1347 | or restrictions that are more stringent than those found in the |
1348 | Florida Building Code. The agency having jurisdiction for |
1349 | inspection of a facility and issuance of a certificate of |
1350 | occupancy shall be the local municipality or, if in an |
1351 | unincorporated area, the county governing authority. The school |
1352 | district shall not impose any restrictions that are more |
1353 | stringent than those of the agency having jurisdiction. |
1354 | (b) A charter school shall utilize facilities that comply |
1355 | with the Florida Fire Prevention Code, pursuant to s. 633.025, |
1356 | as adopted by the authority in whose jurisdiction the facility |
1357 | is located as provided in paragraph (a). |
1358 | (c) Any facility, or portion thereof, used to house a |
1359 | charter school whose charter has been approved by the sponsor |
1360 | and the governing board, pursuant to subsection (7), shall be |
1361 | exempt from ad valorem taxes pursuant to s. 196.1983. Library, |
1362 | community service, museum, performing arts, theatre, cinema, |
1363 | church, community college, college, and university facilities |
1364 | may provide space to charter schools within their facilities |
1365 | under their preexisting zoning and land use designations. |
1366 | (d) Charter school facilities are exempt from assessments |
1367 | of fees for building permits, except as provided in s. 553.80, |
1368 | fees for building and occupational licenses, impact fees or |
1369 | exactions under s. 163.3180(13)(e)2., service availability fees, |
1370 | and assessments for special benefits. |
1371 | (e) If a district school board facility or property is |
1372 | available because it is surplus, marked for disposal, or |
1373 | otherwise unused, it shall be provided for a charter school's |
1374 | use on the same basis as it is made available to other public |
1375 | schools in the district. A charter school receiving property |
1376 | from the school district may not sell or dispose of such |
1377 | property without written permission of the school district. |
1378 | Similarly, for an existing public school converting to charter |
1379 | status, no rental or leasing fee for the existing facility or |
1380 | for the property normally inventoried to the conversion school |
1381 | may be charged by the district school board to the parents and |
1382 | teachers organizing the charter school. The charter school shall |
1383 | agree to reasonable maintenance provisions in order to maintain |
1384 | the facility in a manner similar to district school board |
1385 | standards. The Public Education Capital Outlay maintenance funds |
1386 | or any other maintenance funds generated by the facility |
1387 | operated as a conversion school shall remain with the conversion |
1388 | school. |
1389 | (f) To the extent that charter school facilities are |
1390 | specifically created to mitigate the educational impact created |
1391 | by the development of new residential dwelling units, pursuant |
1392 | to subparagraph (2)(c)4., some of or all of the educational |
1393 | impact fees required to be paid in connection with the new |
1394 | residential dwelling units may be designated instead for the |
1395 | construction of the charter school facilities that will mitigate |
1396 | the student station impact. Such facilities shall be built to |
1397 | the State Requirements for Educational Facilities and shall be |
1398 | owned by a public or nonprofit entity. The local school district |
1399 | retains the right to monitor and inspect such facilities to |
1400 | ensure compliance with the State Requirements for Educational |
1401 | Facilities. If a facility ceases to be used for public |
1402 | educational purposes, either the facility shall revert to the |
1403 | school district subject to any debt owed on the facility, or the |
1404 | owner of the facility shall have the option to refund all |
1405 | educational impact fees utilized for the facility to the school |
1406 | district. The district and the owner of the facility may |
1407 | contractually agree to another arrangement for the facilities if |
1408 | the facilities cease to be used for educational purposes. The |
1409 | owner of property planned or approved for new residential |
1410 | dwelling units and the entity levying educational impact fees |
1411 | shall enter into an agreement that designates the educational |
1412 | impact fees that will be allocated for the charter school |
1413 | student stations and that ensures the timely construction of the |
1414 | charter school student stations concurrent with the expected |
1415 | occupancy of the residential units. The application for use of |
1416 | educational impact fees shall include an approved charter school |
1417 | application. To assist the school district in forecasting |
1418 | student station needs, the entity levying the impact fees shall |
1419 | notify the affected district of any agreements it has approved |
1420 | for the purpose of mitigating student station impact from the |
1421 | new residential dwelling units. |
1422 | (g) Each school district shall annually provide to the |
1423 | Department of Education as part of its 5-year work plan the |
1424 | number of existing vacant classrooms in each school that the |
1425 | district does not intend to use or does not project will be |
1426 | needed for educational purposes for the following school year. |
1427 | The department may recommend that a district make such space |
1428 | available to an appropriate charter school. |
1429 | (20)(19) CAPITAL OUTLAY FUNDING.-Charter schools are |
1430 | eligible for capital outlay funds pursuant to s. 1013.62. |
1431 | (21)(20) SERVICES.- |
1432 | (a) A sponsor shall provide certain administrative and |
1433 | educational services to charter schools. These services shall |
1434 | include contract management services; full-time equivalent and |
1435 | data reporting services; exceptional student education |
1436 | administration services; services related to eligibility and |
1437 | reporting duties required to ensure that school lunch services |
1438 | under the federal lunch program, consistent with the needs of |
1439 | the charter school, are provided by the school district at the |
1440 | request of the charter school, that any funds due to the charter |
1441 | school under the federal lunch program be paid to the charter |
1442 | school as soon as the charter school begins serving food under |
1443 | the federal lunch program, and that the charter school is paid |
1444 | at the same time and in the same manner under the federal lunch |
1445 | program as other public schools serviced by the sponsor or the |
1446 | school district; test administration services, including payment |
1447 | of the costs of state-required or district-required student |
1448 | assessments; processing of teacher certificate data services; |
1449 | and information services, including equal access to student |
1450 | information systems that are used by public schools in the |
1451 | district in which the charter school is located. Student |
1452 | performance data for each student in a charter school, |
1453 | including, but not limited to, FCAT scores, standardized test |
1454 | scores, previous public school student report cards, and student |
1455 | performance measures, shall be provided by the sponsor to a |
1456 | charter school in the same manner provided to other public |
1457 | schools in the district. A total administrative fee for the |
1458 | provision of such services shall be calculated based upon up to |
1459 | 5 percent of the available funds defined in paragraph |
1460 | (18)(17)(b) for all students. However, a sponsor may only |
1461 | withhold up to a 5-percent administrative fee for enrollment for |
1462 | up to and including 500 students. For charter schools with a |
1463 | population of 501 or more students, the difference between the |
1464 | total administrative fee calculation and the amount of the |
1465 | administrative fee withheld may only be used for capital outlay |
1466 | purposes specified in s. 1013.62(2). Each charter school shall |
1467 | receive 100 percent of the funds awarded to that school pursuant |
1468 | to s. 1012.225. Sponsors shall not charge charter schools any |
1469 | additional fees or surcharges for administrative and educational |
1470 | services in addition to the maximum 5-percent administrative fee |
1471 | withheld pursuant to this paragraph. |
1472 | (b) If goods and services are made available to the |
1473 | charter school through the contract with the school district, |
1474 | they shall be provided to the charter school at a rate no |
1475 | greater than the district's actual cost unless mutually agreed |
1476 | upon by the charter school and the sponsor in a contract |
1477 | negotiated separately from the charter. When mediation has |
1478 | failed to resolve disputes over contracted services or |
1479 | contractual matters not included in the charter, an appeal may |
1480 | be made for a dispute resolution hearing before the Charter |
1481 | School Appeal Commission. To maximize the use of state funds, |
1482 | school districts shall allow charter schools to participate in |
1483 | the sponsor's bulk purchasing program if applicable. |
1484 | (c) Transportation of charter school students shall be |
1485 | provided by the charter school consistent with the requirements |
1486 | of subpart I.E. of chapter 1006 and s. 1012.45. The governing |
1487 | body of the charter school may provide transportation through an |
1488 | agreement or contract with the district school board, a private |
1489 | provider, or parents. The charter school and the sponsor shall |
1490 | cooperate in making arrangements that ensure that transportation |
1491 | is not a barrier to equal access for all students residing |
1492 | within a reasonable distance of the charter school as determined |
1493 | in its charter. |
1494 | (22)(21) PUBLIC INFORMATION ON CHARTER SCHOOLS.- |
1495 | (a) The Department of Education shall provide information |
1496 | to the public, directly and through sponsors, on how to form and |
1497 | operate a charter school and how to enroll in a charter school |
1498 | once it is created. This information shall include a standard |
1499 | application format, charter format, evaluation instrument, and |
1500 | charter renewal format, which shall include the information |
1501 | specified in subsection (7) and shall be developed by consulting |
1502 | and negotiating with both school districts and charter schools |
1503 | before implementation. The charter and charter renewal formats |
1504 | shall be used by charter school sponsors. |
1505 | (b)1. The Department of Education shall report student |
1506 | assessment data pursuant to s. 1008.34(3)(c) which is reported |
1507 | to schools that receive a school grade or student assessment |
1508 | data pursuant to s. 1008.341(3) which is reported to alternative |
1509 | schools that receive a school improvement rating to each charter |
1510 | school that: |
1511 | a. Does not receive a school grade pursuant to s. 1008.34 |
1512 | or a school improvement rating pursuant to s. 1008.341; and |
1513 | b. Serves at least 10 students who are tested on the |
1514 | statewide assessment test pursuant to s. 1008.22. |
1515 | 2. The charter school shall report the information in |
1516 | subparagraph 1. to each parent of a student at the charter |
1517 | school, the parent of a child on a waiting list for the charter |
1518 | school, the district in which the charter school is located, and |
1519 | the governing board of the charter school. This paragraph does |
1520 | not abrogate the provisions of s. 1002.22, relating to student |
1521 | records, or the requirements of 20 U.S.C. s. 1232g, the Family |
1522 | Educational Rights and Privacy Act. |
1523 | 2.3.a. Pursuant to this paragraph, the Department of |
1524 | Education shall compare the charter school student performance |
1525 | data for each charter school in subparagraph 1. with the student |
1526 | performance data in traditional public schools in the district |
1527 | in which the charter school is located and other charter schools |
1528 | in the state. For alternative charter schools, the department |
1529 | shall compare the student performance data described in this |
1530 | paragraph with all alternative schools in the state. The |
1531 | comparative data shall be provided by the following grade |
1532 | groupings: |
1533 | (I) Grades 3 through 5; |
1534 | (II) Grades 6 through 8; and |
1535 | (III) Grades 9 through 11. |
1536 | b. Each charter school shall provide the information |
1537 | specified in this paragraph on its Internet website and also |
1538 | provide notice to the public at large in a manner provided by |
1539 | the rules of the State Board of Education. The State Board of |
1540 | Education shall adopt rules to administer the notice |
1541 | requirements of this subparagraph pursuant to ss. 120.536(1) and |
1542 | 120.54. The website shall include, through links or actual |
1543 | content, other information related to school performance. |
1544 | (23)(22) CHARTER SCHOOL REVIEW PANEL AND LEGISLATIVE |
1545 | REVIEW.- |
1546 | (a) The Department of Education shall staff and regularly |
1547 | convene a Charter School Review Panel in order to review issues, |
1548 | practices, and policies regarding charter schools. The |
1549 | composition of the review panel shall include individuals with |
1550 | experience in finance, administration, law, education, and |
1551 | school governance, and individuals familiar with charter school |
1552 | construction and operation. The panel shall include two |
1553 | appointees each from the Commissioner of Education, the |
1554 | President of the Senate, and the Speaker of the House of |
1555 | Representatives. The Governor shall appoint three members of the |
1556 | panel and shall designate the chair. Each member of the panel |
1557 | shall serve a 1-year term, unless renewed by the office making |
1558 | the appointment. The panel shall make recommendations to the |
1559 | Legislature, to the Department of Education, to charter schools, |
1560 | and to school districts for improving charter school operations |
1561 | and oversight and for ensuring best business practices at and |
1562 | fair business relationships with charter schools. |
1563 | (b) The Legislature shall review the operation of charter |
1564 | schools during the 2010 Regular Session of the Legislature. |
1565 | (24)(23) ANALYSIS OF CHARTER SCHOOL PERFORMANCE.-Upon |
1566 | receipt of the annual report required by paragraph (10)(9)(k), |
1567 | the Department of Education shall provide to the State Board of |
1568 | Education, the Commissioner of Education, the Governor, the |
1569 | President of the Senate, and the Speaker of the House of |
1570 | Representatives an analysis and comparison of the overall |
1571 | performance of charter school students, to include all students |
1572 | whose scores are counted as part of the statewide assessment |
1573 | program, versus comparable public school students in the |
1574 | district as determined by the statewide assessment program |
1575 | currently administered in the school district, and other |
1576 | assessments administered pursuant to s. 1008.22(3). |
1577 | (25)(24) RESTRICTION ON EMPLOYMENT OF RELATIVES.- |
1578 | (a) This subsection applies to charter school personnel in |
1579 | a charter school operated by a private entity. As used in this |
1580 | subsection, the term: |
1581 | 1. "Charter school personnel" means a charter school |
1582 | owner, president, chairperson of the governing board of |
1583 | directors, superintendent, governing board member, principal, |
1584 | assistant principal, or any other person employed by the charter |
1585 | school who has equivalent decisionmaking authority and in whom |
1586 | is vested the authority, or to whom the authority has been |
1587 | delegated, to appoint, employ, promote, or advance individuals |
1588 | or to recommend individuals for appointment, employment, |
1589 | promotion, or advancement in connection with employment in a |
1590 | charter school, including the authority as a member of a |
1591 | governing body of a charter school to vote on the appointment, |
1592 | employment, promotion, or advancement of individuals. |
1593 | 2. "Relative" means father, mother, son, daughter, |
1594 | brother, sister, uncle, aunt, first cousin, nephew, niece, |
1595 | husband, wife, father-in-law, mother-in-law, son-in-law, |
1596 | daughter-in-law, brother-in-law, sister-in-law, stepfather, |
1597 | stepmother, stepson, stepdaughter, stepbrother, stepsister, half |
1598 | brother, or half sister. |
1599 | (b)1. Charter school personnel may not knowingly recommend |
1600 | or engage in the appoint, employ, promote, or advance, or |
1601 | advocate for appointment, employment, promotion, or assignment |
1602 | of an individual or employee to a work location if that action |
1603 | will create a situation in which one employee will be |
1604 | responsible for the direct supervision of, or exercise |
1605 | advancement, in or to a position in the charter school in which |
1606 | the personnel are serving or over which the personnel exercises |
1607 | jurisdiction or control over, another employee any individual |
1608 | who is a relative. The Commissioner of Education or the sponsor |
1609 | may make exceptions to this paragraph if such personnel actions |
1610 | would cause undue hardship on students or seriously disrupt a |
1611 | charter school's operations. |
1612 | 2. This paragraph does not prohibit the employment of |
1613 | relatives in the same work location if neither person is |
1614 | directly supervised by the other. An individual may not be |
1615 | appointed, employed, promoted, or advanced in or to a position |
1616 | in a charter school if such appointment, employment, promotion, |
1617 | or advancement has been advocated by charter school personnel |
1618 | who serve in or exercise jurisdiction or control over the |
1619 | charter school and who is a relative of the individual or if |
1620 | such appointment, employment, promotion, or advancement is made |
1621 | by the governing board of which a relative of the individual is |
1622 | a member. |
1623 | (c) The approval of budgets does not constitute |
1624 | "jurisdiction or control" for the purposes of this subsection. |
1625 |
|
1626 | Charter school personnel in schools operated by a municipality |
1627 | or other public entity are subject to s. 112.3135. |
1628 | (26)(25) STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.- |
1629 | (a) A member of a governing board of a charter school, |
1630 | including a charter school operated by a private entity, is |
1631 | subject to ss. 112.313(2), (3), (7), and (12) and 112.3143(3). |
1632 | (b) A member of a governing board of a charter school |
1633 | operated by a municipality or other public entity is subject to |
1634 | s. 112.3144, which relates to the disclosure of financial |
1635 | interests. |
1636 | (27)(26) RULEMAKING.-The Department of Education, after |
1637 | consultation with school districts and charter school directors, |
1638 | shall recommend that the State Board of Education adopt rules to |
1639 | implement specific subsections of this section. Such rules shall |
1640 | require minimum paperwork and shall not limit charter school |
1641 | flexibility authorized by statute. The State Board of Education |
1642 | shall adopt rules, pursuant to ss. 120.536(1) and 120.54, to |
1643 | implement a charter model application form, evaluation |
1644 | instrument, and charter and charter renewal formats in |
1645 | accordance with this section. |
1646 | Section 3. Subsection (2) of section 1011.71, Florida |
1647 | Statutes, is amended to read: |
1648 | 1011.71 District school tax.- |
1649 | (2) In addition to the maximum millage levy as provided in |
1650 | subsection (1), each school board may levy not more than 1.5 |
1651 | mills against the taxable value for school purposes for district |
1652 | schools, including charter schools at the discretion of the |
1653 | school board, to fund: |
1654 | (a) New construction and remodeling projects, as set forth |
1655 | in s. 1013.64(3)(b) and (6)(b) and included in the district's |
1656 | educational plant survey pursuant to s. 1013.31, without regard |
1657 | to prioritization, sites and site improvement or expansion to |
1658 | new sites, existing sites, auxiliary facilities, athletic |
1659 | facilities, or ancillary facilities. |
1660 | (b) Maintenance, renovation, and repair of existing school |
1661 | plants or of leased facilities to correct deficiencies pursuant |
1662 | to s. 1013.15(2). |
1663 | (c) The purchase, lease-purchase, or lease of school |
1664 | buses. |
1665 | (d) Effective July 1, 2008, the purchase, lease-purchase, |
1666 | or lease of new and replacement equipment, and enterprise |
1667 | resource software applications that are classified as capital |
1668 | assets in accordance with definitions of the Governmental |
1669 | Accounting Standards Board, have a useful life of at least 5 |
1670 | years, and are used to support districtwide administration or |
1671 | state-mandated reporting requirements. |
1672 | (e) Payments for educational facilities and sites due |
1673 | under a lease-purchase agreement entered into by a district |
1674 | school board pursuant to s. 1003.02(1)(f) or s. 1013.15(2), not |
1675 | exceeding, in the aggregate, an amount equal to three-fourths of |
1676 | the proceeds from the millage levied by a district school board |
1677 | pursuant to this subsection. For the 2009-2010 fiscal year, the |
1678 | three-fourths limit is waived for lease-purchase agreements |
1679 | entered into before June 30, 2009, by a district school board |
1680 | pursuant to this paragraph. |
1681 | (f) Payment of loans approved pursuant to ss. 1011.14 and |
1682 | 1011.15. |
1683 | (g) Payment of costs directly related to complying with |
1684 | state and federal environmental statutes, rules, and regulations |
1685 | governing school facilities. |
1686 | (h) Payment of costs of leasing relocatable educational |
1687 | facilities, of renting or leasing educational facilities and |
1688 | sites pursuant to s. 1013.15(2), or of renting or leasing |
1689 | buildings or space within existing buildings pursuant to s. |
1690 | 1013.15(4). |
1691 | (i) Payment of the cost of school buses when a school |
1692 | district contracts with a private entity to provide student |
1693 | transportation services if the district meets the requirements |
1694 | of this paragraph. |
1695 | 1. The district's contract must require that the private |
1696 | entity purchase, lease-purchase, or lease, and operate and |
1697 | maintain, one or more school buses of a specific type and size |
1698 | that meet the requirements of s. 1006.25. |
1699 | 2. Each such school bus must be used for the daily |
1700 | transportation of public school students in the manner required |
1701 | by the school district. |
1702 | 3. Annual payment for each such school bus may not exceed |
1703 | 10 percent of the purchase price of the state pool bid. |
1704 | 4. The proposed expenditure of the funds for this purpose |
1705 | must have been included in the district school board's notice of |
1706 | proposed tax for school capital outlay as provided in s. |
1707 | 200.065(10). |
1708 | (j) Payment of the cost of the opening day collection for |
1709 | the library media center of a new school. |
1710 | Section 4. Paragraph (e) of subsection (1) and subsections |
1711 | (2) and (3) of section 1013.62, Florida Statutes, are amended to |
1712 | read: |
1713 | 1013.62 Charter schools capital outlay funding.- |
1714 | (1) In each year in which funds are appropriated for |
1715 | charter school capital outlay purposes, the Commissioner of |
1716 | Education shall allocate the funds among eligible charter |
1717 | schools. |
1718 | (e) Unless otherwise provided in the General |
1719 | Appropriations Act, the funding allocation for each eligible |
1720 | charter school is determined by multiplying the school's |
1721 | projected student enrollment by one-fifteenth of the cost-per- |
1722 | student station specified in s. 1013.64(6)(b) for an elementary, |
1723 | middle, or high school, as appropriate. If the funds |
1724 | appropriated are not sufficient, the commissioner shall prorate |
1725 | the available funds among eligible charter schools. However, a |
1726 | charter school or charter lab school may not receive state |
1727 | charter school capital outlay funds greater than the one- |
1728 | fifteenth cost per student station formula if the charter |
1729 | school's combination of state charter school capital outlay |
1730 | funds, capital outlay funds calculated through the reduction in |
1731 | the administrative fee provided in s. 1002.33(21)(20), and |
1732 | capital outlay funds allowed in s. 1002.32(9)(e) and (h) exceeds |
1733 | the one-fifteenth cost per student station formula. |
1734 | (2) A charter school's governing body may use charter |
1735 | school capital outlay funds for the following purposes: |
1736 | (a) Purchase of real property. |
1737 | (b) Construction of school facilities. |
1738 | (c) Purchase, lease-purchase, or lease of permanent or |
1739 | relocatable school facilities. |
1740 | (d) Purchase of vehicles to transport students to and from |
1741 | the charter school. |
1742 | (e) Renovation, repair, and maintenance of school |
1743 | facilities that the charter school owns or is purchasing through |
1744 | a lease-purchase or long-term lease of 5 years or longer. |
1745 | (f) Effective July 1, 2008, purchase, lease-purchase, or |
1746 | lease of new and replacement equipment, and enterprise resource |
1747 | software applications that are classified as capital assets in |
1748 | accordance with definitions of the Governmental Accounting |
1749 | Standards Board, have a useful life of at least 5 years, and are |
1750 | used to support schoolwide administration or state-mandated |
1751 | reporting requirements. |
1752 | (g) Payment of the cost of premiums for property and |
1753 | casualty insurance necessary to insure the school facilities. |
1754 | (h) Purchase, lease-purchase, or lease of driver's |
1755 | education vehicles; motor vehicles used for the maintenance or |
1756 | operation of plants and equipment; security vehicles; or |
1757 | vehicles used in storing or distributing materials and |
1758 | equipment. |
1759 | (i) Purchase of computer software, hardware, and network |
1760 | systems. |
1761 | (j) Purchase of furniture and equipment. |
1762 |
|
1763 | Conversion charter schools may use capital outlay funds received |
1764 | through the reduction in the administrative fee provided in s. |
1765 | 1002.33(21)(20) for renovation, repair, and maintenance of |
1766 | school facilities that are owned by the sponsor. |
1767 | (3) When a charter school is nonrenewed or terminated, any |
1768 | unencumbered funds and all equipment and property purchased with |
1769 | district public funds shall revert to the ownership of the |
1770 | district school board, as provided for in s. 1002.33(9)(8)(e) |
1771 | and (f). In the case of a charter lab school, any unencumbered |
1772 | funds and all equipment and property purchased with university |
1773 | public funds shall revert to the ownership of the state |
1774 | university that issued the charter. The reversion of such |
1775 | equipment, property, and furnishings shall focus on recoverable |
1776 | assets, but not on intangible or irrecoverable costs such as |
1777 | rental or leasing fees, normal maintenance, and limited |
1778 | renovations. The reversion of all property secured with public |
1779 | funds is subject to the complete satisfaction of all lawful |
1780 | liens or encumbrances. If there are additional local issues such |
1781 | as the shared use of facilities or partial ownership of |
1782 | facilities or property, these issues shall be agreed to in the |
1783 | charter contract prior to the expenditure of funds. |
1784 | Section 5. Paragraph (e) of subsection (13) of section |
1785 | 163.3180, Florida Statutes, is amended to read: |
1786 | 163.3180 Concurrency.- |
1787 | (13) School concurrency shall be established on a |
1788 | districtwide basis and shall include all public schools in the |
1789 | district and all portions of the district, whether located in a |
1790 | municipality or an unincorporated area unless exempt from the |
1791 | public school facilities element pursuant to s. 163.3177(12). |
1792 | The application of school concurrency to development shall be |
1793 | based upon the adopted comprehensive plan, as amended. All local |
1794 | governments within a county, except as provided in paragraph |
1795 | (f), shall adopt and transmit to the state land planning agency |
1796 | the necessary plan amendments, along with the interlocal |
1797 | agreement, for a compliance review pursuant to s. 163.3184(7) |
1798 | and (8). The minimum requirements for school concurrency are the |
1799 | following: |
1800 | (e) Availability standard.-Consistent with the public |
1801 | welfare, a local government may not deny an application for site |
1802 | plan, final subdivision approval, or the functional equivalent |
1803 | for a development or phase of a development authorizing |
1804 | residential development for failure to achieve and maintain the |
1805 | level-of-service standard for public school capacity in a local |
1806 | school concurrency management system where adequate school |
1807 | facilities will be in place or under actual construction within |
1808 | 3 years after the issuance of final subdivision or site plan |
1809 | approval, or the functional equivalent. School concurrency is |
1810 | satisfied if the developer executes a legally binding commitment |
1811 | to provide mitigation proportionate to the demand for public |
1812 | school facilities to be created by actual development of the |
1813 | property, including, but not limited to, the options described |
1814 | in subparagraph 1. Options for proportionate-share mitigation of |
1815 | impacts on public school facilities must be established in the |
1816 | public school facilities element and the interlocal agreement |
1817 | pursuant to s. 163.31777. |
1818 | 1. Appropriate mitigation options include the contribution |
1819 | of land; the construction, expansion, or payment for land |
1820 | acquisition or construction of a public school facility; the |
1821 | construction of a charter school that complies with the |
1822 | requirements of s. 1002.33(19)(18); or the creation of |
1823 | mitigation banking based on the construction of a public school |
1824 | facility in exchange for the right to sell capacity credits. |
1825 | Such options must include execution by the applicant and the |
1826 | local government of a development agreement that constitutes a |
1827 | legally binding commitment to pay proportionate-share mitigation |
1828 | for the additional residential units approved by the local |
1829 | government in a development order and actually developed on the |
1830 | property, taking into account residential density allowed on the |
1831 | property prior to the plan amendment that increased the overall |
1832 | residential density. The district school board must be a party |
1833 | to such an agreement. As a condition of its entry into such a |
1834 | development agreement, the local government may require the |
1835 | landowner to agree to continuing renewal of the agreement upon |
1836 | its expiration. |
1837 | 2. If the education facilities plan and the public |
1838 | educational facilities element authorize a contribution of land; |
1839 | the construction, expansion, or payment for land acquisition; |
1840 | the construction or expansion of a public school facility, or a |
1841 | portion thereof; or the construction of a charter school that |
1842 | complies with the requirements of s. 1002.33(19)(18), as |
1843 | proportionate-share mitigation, the local government shall |
1844 | credit such a contribution, construction, expansion, or payment |
1845 | toward any other impact fee or exaction imposed by local |
1846 | ordinance for the same need, on a dollar-for-dollar basis at |
1847 | fair market value. |
1848 | 3. Any proportionate-share mitigation must be directed by |
1849 | the school board toward a school capacity improvement identified |
1850 | in a financially feasible 5-year district work plan that |
1851 | satisfies the demands created by the development in accordance |
1852 | with a binding developer's agreement. |
1853 | 4. If a development is precluded from commencing because |
1854 | there is inadequate classroom capacity to mitigate the impacts |
1855 | of the development, the development may nevertheless commence if |
1856 | there are accelerated facilities in an approved capital |
1857 | improvement element scheduled for construction in year four or |
1858 | later of such plan which, when built, will mitigate the proposed |
1859 | development, or if such accelerated facilities will be in the |
1860 | next annual update of the capital facilities element, the |
1861 | developer enters into a binding, financially guaranteed |
1862 | agreement with the school district to construct an accelerated |
1863 | facility within the first 3 years of an approved capital |
1864 | improvement plan, and the cost of the school facility is equal |
1865 | to or greater than the development's proportionate share. When |
1866 | the completed school facility is conveyed to the school |
1867 | district, the developer shall receive impact fee credits usable |
1868 | within the zone where the facility is constructed or any |
1869 | attendance zone contiguous with or adjacent to the zone where |
1870 | the facility is constructed. |
1871 | 5. This paragraph does not limit the authority of a local |
1872 | government to deny a development permit or its functional |
1873 | equivalent pursuant to its home rule regulatory powers, except |
1874 | as provided in this part. |
1875 | Section 6. Paragraph (c) of subsection (10) and subsection |
1876 | (13) of section 1002.34, Florida Statutes, are amended to read: |
1877 | 1002.34 Charter technical career centers.- |
1878 | (10) EXEMPTION FROM STATUTES.- |
1879 | (c) A center must comply with the antidiscrimination |
1880 | provisions in s. 1000.05 and the provisions in s. |
1881 | 1002.33(25)(24) which relate to the employment of relatives. |
1882 | (13) BOARD OF DIRECTORS AUTHORITY.-The board of directors |
1883 | of a center may decide matters relating to the operation of the |
1884 | school, including budgeting, curriculum, and operating |
1885 | procedures, subject to the center's charter. The board of |
1886 | directors is responsible for performing the duties provided in |
1887 | s. 1002.345, including monitoring the corrective action plan. |
1888 | The board of directors must comply with s. 1002.33(26)(25). |
1889 | Section 7. Paragraphs (a) and (d) of subsection (1), |
1890 | paragraph (b) of subsection (2), and subsection (6) of section |
1891 | 1002.345, Florida Statutes, are amended to read: |
1892 | 1002.345 Determination of deteriorating financial |
1893 | conditions and financial emergencies for charter schools and |
1894 | charter technical career centers.-This section applies to |
1895 | charter schools operating pursuant to s. 1002.33 and to charter |
1896 | technical career centers operating pursuant to s. 1002.34. |
1897 | (1) EXPEDITED REVIEW; REQUIREMENTS.- |
1898 | (a) A charter school or a charter technical career center |
1899 | is subject to an expedited review by the sponsor if one of the |
1900 | following occurs: |
1901 | 1. Failure to provide for an audit required by s. 218.39. |
1902 | 2. Failure to comply with reporting requirements pursuant |
1903 | to s. 1002.33(10)(9) or s. 1002.34(11)(f) or (14). |
1904 | 3. A deteriorating financial condition identified through |
1905 | an annual audit pursuant to s. 218.39(5) or a monthly financial |
1906 | statement pursuant to s. 1002.33(10)(9)(g) or s. 1002.34(11)(f). |
1907 | "Deteriorating financial condition" means a circumstance that |
1908 | significantly impairs the ability of a charter school or a |
1909 | charter technical career center to generate enough revenues to |
1910 | meet its expenditures without causing the occurrence of a |
1911 | condition described in s. 218.503(1). |
1912 | 4. Notification pursuant to s. 218.503(2) that one or more |
1913 | of the conditions specified in s. 218.503(1) have occurred or |
1914 | will occur if action is not taken to assist the charter school |
1915 | or charter technical career center. |
1916 | (d) The governing board shall include the corrective |
1917 | action plan and the status of its implementation in the annual |
1918 | progress report to the sponsor which is required pursuant to s. |
1919 | 1002.33(10)(9)(k) or s. 1002.34(14). |
1920 | (2) FINANCIAL EMERGENCY; REQUIREMENTS.- |
1921 | (b) The governing board shall include the financial |
1922 | recovery plan and the status of its implementation in the annual |
1923 | progress report to the sponsor which is required under s. |
1924 | 1002.33(10)(9)(k) or s. 1002.34(14). |
1925 | (6) FAILURE TO CORRECT DEFICIENCIES.-The sponsor may |
1926 | decide not to renew or may terminate a charter if the charter |
1927 | school or charter technical career center fails to correct the |
1928 | deficiencies noted in the corrective action plan within 1 year |
1929 | after being notified of the deficiencies or exhibits one or more |
1930 | financial emergency conditions specified in s. 218.503 for 2 |
1931 | consecutive years. This subsection does not affect a sponsor's |
1932 | authority to terminate or not renew a charter pursuant to s. |
1933 | 1002.33(9)(8). |
1934 | Section 8. Section 1011.68, Florida Statutes, is amended |
1935 | to read: |
1936 | 1011.68 Funds for student transportation.-The annual |
1937 | allocation to each district for transportation to public school |
1938 | programs, including charter schools as provided in s. |
1939 | 1002.33(18)(17)(b), of students in membership in kindergarten |
1940 | through grade 12 and in migrant and exceptional student programs |
1941 | below kindergarten shall be determined as follows: |
1942 | (1) Subject to the rules of the State Board of Education, |
1943 | each district shall determine the membership of students who are |
1944 | transported: |
1945 | (a) By reason of living 2 miles or more from school. |
1946 | (b) By reason of being students with disabilities or |
1947 | enrolled in a teenage parent program, regardless of distance to |
1948 | school. |
1949 | (c) By reason of being in a state prekindergarten program, |
1950 | regardless of distance from school. |
1951 | (d) By reason of being career, dual enrollment, or |
1952 | students with disabilities transported from one school center to |
1953 | another to participate in an instructional program or service; |
1954 | or students with disabilities, transported from one designation |
1955 | to another in the state, provided one designation is a school |
1956 | center and provided the student's individual educational plan |
1957 | (IEP) identifies the need for the instructional program or |
1958 | service and transportation to be provided by the school |
1959 | district. A "school center" is defined as a public school |
1960 | center, community college, state university, or other facility |
1961 | rented, leased, or owned and operated by the school district or |
1962 | another public agency. A "dual enrollment student" is defined as |
1963 | a public school student in membership in both a public secondary |
1964 | school program and a community college or a state university |
1965 | program under a written agreement to partially fulfill ss. |
1966 | 1003.435 and 1007.23 and earning full-time equivalent membership |
1967 | under s. 1011.62(1)(i). |
1968 | (e) With respect to elementary school students whose grade |
1969 | level does not exceed grade 6, by reason of being subjected to |
1970 | hazardous walking conditions en route to or from school as |
1971 | provided in s. 1006.23. Such rules shall, when appropriate, |
1972 | provide for the determination of membership under this paragraph |
1973 | for less than 1 year to accommodate the needs of students who |
1974 | require transportation only until such hazardous conditions are |
1975 | corrected. |
1976 | (f) By reason of being a pregnant student or student |
1977 | parent, and the child of a student parent as provided in s. |
1978 | 1003.54, regardless of distance from school. |
1979 | (2) The allocation for each district shall be calculated |
1980 | annually in accordance with the following formula: |
1981 | T = B + EX. The elements of this formula are defined as follows: |
1982 | T is the total dollar allocation for transportation. B is the |
1983 | base transportation dollar allocation prorated by an adjusted |
1984 | student membership count. The adjusted membership count shall be |
1985 | derived from a multiplicative index function in which the base |
1986 | student membership is adjusted by multiplying it by index |
1987 | numbers that individually account for the impact of the price |
1988 | level index, average bus occupancy, and the extent of rural |
1989 | population in the district. EX is the base transportation dollar |
1990 | allocation for disabled students prorated by an adjusted |
1991 | disabled student membership count. The base transportation |
1992 | dollar allocation for disabled students is the total state base |
1993 | disabled student membership count weighted for increased costs |
1994 | associated with transporting disabled students and multiplying |
1995 | it by the prior year's average per student cost for |
1996 | transportation. The adjusted disabled student membership count |
1997 | shall be derived from a multiplicative index function in which |
1998 | the weighted base disabled student membership is adjusted by |
1999 | multiplying it by index numbers that individually account for |
2000 | the impact of the price level index, average bus occupancy, and |
2001 | the extent of rural population in the district. Each adjustment |
2002 | factor shall be designed to affect the base allocation by no |
2003 | more or less than 10 percent. |
2004 | (3) The total allocation to each district for |
2005 | transportation of students shall be the sum of the amounts |
2006 | determined in subsection (2). If the funds appropriated for the |
2007 | purpose of implementing this section are not sufficient to pay |
2008 | the base transportation allocation and the base transportation |
2009 | allocation for disabled students, the Department of Education |
2010 | shall prorate the available funds on a percentage basis. If the |
2011 | funds appropriated for the purpose of implementing this section |
2012 | exceed the sum of the base transportation allocation and the |
2013 | base transportation allocation for disabled students, the base |
2014 | transportation allocation for disabled students shall be limited |
2015 | to the amount calculated in subsection (2), and the remaining |
2016 | balance shall be added to the base transportation allocation. |
2017 | (4) No district shall use funds to purchase transportation |
2018 | equipment and supplies at prices which exceed those determined |
2019 | by the department to be the lowest which can be obtained, as |
2020 | prescribed in s. 1006.27(1). |
2021 | (5) Funds allocated or apportioned for the payment of |
2022 | student transportation services may be used to pay for |
2023 | transportation of students to and from school on local general |
2024 | purpose transportation systems. Student transportation funds may |
2025 | also be used to pay for transportation of students to and from |
2026 | school in private passenger cars and boats when the |
2027 | transportation is for isolated students, or students with |
2028 | disabilities as defined by rule. Subject to the rules of the |
2029 | State Board of Education, each school district shall determine |
2030 | and report the number of assigned students using general purpose |
2031 | transportation private passenger cars and boats. The allocation |
2032 | per student must be equal to the allocation per student riding a |
2033 | school bus. |
2034 | (6) Notwithstanding other provisions of this section, in |
2035 | no case shall any student or students be counted for |
2036 | transportation funding more than once per day. This provision |
2037 | includes counting students for funding pursuant to trips in |
2038 | school buses, passenger cars, or boats or general purpose |
2039 | transportation. |
2040 | Section 9. Paragraph (b) of subsection (2) of section |
2041 | 1012.32, Florida Statutes, is amended to read: |
2042 | 1012.32 Qualifications of personnel.- |
2043 | (2) |
2044 | (b) Instructional and noninstructional personnel who are |
2045 | hired or contracted to fill positions in any charter school and |
2046 | members of the governing board of any charter school, in |
2047 | compliance with s. 1002.33(13)(12)(g), must, upon employment, |
2048 | engagement of services, or appointment, undergo background |
2049 | screening as required under s. 1012.465 or s. 1012.56, whichever |
2050 | is applicable, by filing with the district school board for the |
2051 | school district in which the charter school is located a |
2052 | complete set of fingerprints taken by an authorized law |
2053 | enforcement agency or an employee of the school or school |
2054 | district who is trained to take fingerprints. |
2055 |
|
2056 | Fingerprints shall be submitted to the Department of Law |
2057 | Enforcement for statewide criminal and juvenile records checks |
2058 | and to the Federal Bureau of Investigation for federal criminal |
2059 | records checks. A person subject to this subsection who is found |
2060 | ineligible for employment under s. 1012.315, or otherwise found |
2061 | through background screening to have been convicted of any crime |
2062 | involving moral turpitude as defined by rule of the State Board |
2063 | of Education, shall not be employed, engaged to provide |
2064 | services, or serve in any position that requires direct contact |
2065 | with students. Probationary persons subject to this subsection |
2066 | terminated because of their criminal record have the right to |
2067 | appeal such decisions. The cost of the background screening may |
2068 | be borne by the district school board, the charter school, the |
2069 | employee, the contractor, or a person subject to this |
2070 | subsection. |
2071 | Section 10. This act shall take effect July 1, 2010. |