1 | A bill to be entitled |
2 | An act relating to charter schools; amending s. 1002.33, |
3 | F.S.; removing a requirement that certain individuals |
4 | participate in training prior to the filing of a charter |
5 | school application; correcting cross-references to high |
6 | school graduation requirements; providing eligibility |
7 | requirements for designation as a high-performing charter |
8 | school; providing that a high-performing charter school is |
9 | entitled to certain renewal, increase in enrollment, |
10 | startup grants, capital outlay funds, and application |
11 | procedures; requiring other good cause for nonrenewal or |
12 | termination of a charter to be defined in rule; revising |
13 | requirements for providing financial statements to a |
14 | sponsor; deleting obsolete provisions; revising |
15 | requirements for the establishment of a charter school-in- |
16 | the-workplace; providing that a charter school-in-the- |
17 | workplace is eligible for capital outlay funding; |
18 | providing that charter schools shall receive certain |
19 | federal funding for which they are eligible; revising |
20 | provisions relating to charter school compliance with |
21 | building codes and requirements; providing for an |
22 | exemption from certain exactions; removing a reporting |
23 | requirement relating to student assessment data; revising |
24 | restrictions on the employment of relatives by charter |
25 | school personnel; providing an exception; correcting a |
26 | cross-reference relating to the disclosure of financial |
27 | interests; conforming cross-references; amending s. |
28 | 1013.62, F.S.; authorizing additional uses for charter |
29 | school capital outlay funds; conforming cross-references; |
30 | amending ss. 163.3180, 1002.32, 1002.34, 1002.345, |
31 | 1011.68, and 1012.32, F.S.; conforming cross-references |
32 | and provisions; requiring the Office of Program Policy |
33 | Analysis and Government Accountability to conduct a study |
34 | comparing the funding of charter schools with traditional |
35 | public schools and examining certain funding and costs; |
36 | requiring recommendations to the Governor and Legislature, |
37 | if warranted, for improving the accountability and equity |
38 | of the funding system for charter schools; providing an |
39 | effective date. |
40 |
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41 | Be It Enacted by the Legislature of the State of Florida: |
42 |
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43 | Section 1. Paragraph (g) of subsection (6) and subsection |
44 | (7) of section 1002.33, Florida Statutes, are amended, a new |
45 | subsection (8) is added to that section, and present subsections |
46 | (8) through (26) are renumbered as subsections (9) through (27), |
47 | respectively, and amended, to read: |
48 | 1002.33 Charter schools.- |
49 | (6) APPLICATION PROCESS AND REVIEW.-Charter school |
50 | applications are subject to the following requirements: |
51 | (g)1. The Department of Education shall offer or arrange |
52 | for training and technical assistance to charter school |
53 | applicants in developing business plans and estimating costs and |
54 | income. This assistance shall address estimating startup costs, |
55 | projecting enrollment, and identifying the types and amounts of |
56 | state and federal financial assistance the charter school may be |
57 | eligible to receive. The department may provide other technical |
58 | assistance to an applicant upon written request. |
59 | 2. A charter school applicant must participate in the |
60 | training provided by the Department of Education before filing |
61 | an application. However, a sponsor may require the charter |
62 | school applicant to attend training provided by the sponsor in |
63 | lieu of the department's training if the sponsor's training |
64 | standards meet or exceed the standards developed by the |
65 | Department of Education. The training shall include instruction |
66 | in accurate financial planning and good business practices. If |
67 | the applicant is a management company or other nonprofit |
68 | organization, the charter school principal and the chief |
69 | financial officer or his or her equivalent must also participate |
70 | in the training. |
71 | (7) CHARTER.-The major issues involving the operation of a |
72 | charter school shall be considered in advance and written into |
73 | the charter. The charter shall be signed by the governing body |
74 | of the charter school and the sponsor, following a public |
75 | hearing to ensure community input. |
76 | (a) The charter shall address and criteria for approval of |
77 | the charter shall be based on: |
78 | 1. The school's mission, the students to be served, and |
79 | the ages and grades to be included. |
80 | 2. The focus of the curriculum, the instructional methods |
81 | to be used, any distinctive instructional techniques to be |
82 | employed, and identification and acquisition of appropriate |
83 | technologies needed to improve educational and administrative |
84 | performance which include a means for promoting safe, ethical, |
85 | and appropriate uses of technology which comply with legal and |
86 | professional standards. The charter shall ensure that reading is |
87 | a primary focus of the curriculum and that resources are |
88 | provided to identify and provide specialized instruction for |
89 | students who are reading below grade level. The curriculum and |
90 | instructional strategies for reading must be consistent with the |
91 | Sunshine State Standards and grounded in scientifically based |
92 | reading research. |
93 | 3. The current incoming baseline standard of student |
94 | academic achievement, the outcomes to be achieved, and the |
95 | method of measurement that will be used. The criteria listed in |
96 | this subparagraph shall include a detailed description of: |
97 | a. How the baseline student academic achievement levels |
98 | and prior rates of academic progress will be established. |
99 | b. How these baseline rates will be compared to rates of |
100 | academic progress achieved by these same students while |
101 | attending the charter school. |
102 | c. To the extent possible, how these rates of progress |
103 | will be evaluated and compared with rates of progress of other |
104 | closely comparable student populations. |
105 |
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106 | The district school board is required to provide academic |
107 | student performance data to charter schools for each of their |
108 | students coming from the district school system, as well as |
109 | rates of academic progress of comparable student populations in |
110 | the district school system. |
111 | 4. The methods used to identify the educational strengths |
112 | and needs of students and how well educational goals and |
113 | performance standards are met by students attending the charter |
114 | school. The methods shall provide a means for the charter school |
115 | to ensure accountability to its constituents by analyzing |
116 | student performance data and by evaluating the effectiveness and |
117 | efficiency of its major educational programs. Students in |
118 | charter schools shall, at a minimum, participate in the |
119 | statewide assessment program created under s. 1008.22. |
120 | 5. In secondary charter schools, a method for determining |
121 | that a student has satisfied the requirements for graduation in |
122 | s. 1003.428, s. 1003.429, or s. 1003.43. |
123 | 6. A method for resolving conflicts between the governing |
124 | body of the charter school and the sponsor. |
125 | 7. The admissions procedures and dismissal procedures, |
126 | including the school's code of student conduct. |
127 | 8. The ways by which the school will achieve a |
128 | racial/ethnic balance reflective of the community it serves or |
129 | within the racial/ethnic range of other public schools in the |
130 | same school district. |
131 | 9. The financial and administrative management of the |
132 | school, including a reasonable demonstration of the professional |
133 | experience or competence of those individuals or organizations |
134 | applying to operate the charter school or those hired or |
135 | retained to perform such professional services and the |
136 | description of clearly delineated responsibilities and the |
137 | policies and practices needed to effectively manage the charter |
138 | school. A description of internal audit procedures and |
139 | establishment of controls to ensure that financial resources are |
140 | properly managed must be included. Both public sector and |
141 | private sector professional experience shall be equally valid in |
142 | such a consideration. |
143 | 10. The asset and liability projections required in the |
144 | application which are incorporated into the charter and shall be |
145 | compared with information provided in the annual report of the |
146 | charter school. |
147 | 11. A description of procedures that identify various |
148 | risks and provide for a comprehensive approach to reduce the |
149 | impact of losses; plans to ensure the safety and security of |
150 | students and staff; plans to identify, minimize, and protect |
151 | others from violent or disruptive student behavior; and the |
152 | manner in which the school will be insured, including whether or |
153 | not the school will be required to have liability insurance, |
154 | and, if so, the terms and conditions thereof and the amounts of |
155 | coverage. |
156 | 12. The term of the charter which shall provide for |
157 | cancellation of the charter if insufficient progress has been |
158 | made in attaining the student achievement objectives of the |
159 | charter and if it is not likely that such objectives can be |
160 | achieved before expiration of the charter. The initial term of a |
161 | charter shall be for 4 or 5 years. In order to facilitate access |
162 | to long-term financial resources for charter school |
163 | construction, charter schools that are operated by a |
164 | municipality or other public entity as provided by law are |
165 | eligible for up to a 15-year charter, subject to approval by the |
166 | district school board. A charter lab school is eligible for a |
167 | charter for a term of up to 15 years. In addition, to facilitate |
168 | access to long-term financial resources for charter school |
169 | construction, charter schools that are operated by a private, |
170 | not-for-profit, s. 501(c)(3) status corporation are eligible for |
171 | up to a 15-year charter, subject to approval by the district |
172 | school board. Such long-term charters remain subject to annual |
173 | review and may be terminated during the term of the charter, but |
174 | only according to the provisions set forth in subsection (9) |
175 | (8). |
176 | 13. The facilities to be used and their location. |
177 | 14. The qualifications to be required of the teachers and |
178 | the potential strategies used to recruit, hire, train, and |
179 | retain qualified staff to achieve best value. |
180 | 15. The governance structure of the school, including the |
181 | status of the charter school as a public or private employer as |
182 | required in paragraph (13)(12)(i). |
183 | 16. A timetable for implementing the charter which |
184 | addresses the implementation of each element thereof and the |
185 | date by which the charter shall be awarded in order to meet this |
186 | timetable. |
187 | 17. In the case of an existing public school that is being |
188 | converted to charter status, alternative arrangements for |
189 | current students who choose not to attend the charter school and |
190 | for current teachers who choose not to teach in the charter |
191 | school after conversion in accordance with the existing |
192 | collective bargaining agreement or district school board rule in |
193 | the absence of a collective bargaining agreement. However, |
194 | alternative arrangements shall not be required for current |
195 | teachers who choose not to teach in a charter lab school, except |
196 | as authorized by the employment policies of the state university |
197 | which grants the charter to the lab school. |
198 | 18. Full disclosure of the identity of all relatives |
199 | employed by the charter school who are related to the charter |
200 | school owner, president, chairperson of the governing board of |
201 | directors, superintendent, governing board member, principal, |
202 | assistant principal, or any other person employed by the charter |
203 | school who has equivalent decisionmaking authority. For the |
204 | purpose of this subparagraph, the term "relative" means father, |
205 | mother, son, daughter, brother, sister, uncle, aunt, first |
206 | cousin, nephew, niece, husband, wife, father-in-law, mother-in- |
207 | law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, |
208 | stepfather, stepmother, stepson, stepdaughter, stepbrother, |
209 | stepsister, half brother, or half sister. |
210 | (b)1. A charter may be renewed provided that a program |
211 | review demonstrates that the criteria in paragraph (a) have been |
212 | successfully accomplished and that none of the grounds for |
213 | nonrenewal established by paragraph (9)(8)(a) has been |
214 | documented. In order to facilitate long-term financing for |
215 | charter school construction, charter schools operating for a |
216 | minimum of 3 years and demonstrating exemplary academic |
217 | programming and fiscal management are eligible for a 15-year |
218 | charter renewal. Such long-term charter is subject to annual |
219 | review and may be terminated during the term of the charter. |
220 | 2. The 15-year charter renewal that may be granted |
221 | pursuant to subparagraph 1. shall be granted to a charter school |
222 | that has received a school grade of "A" or "B" pursuant to s. |
223 | 1008.34 in 3 of the past 4 years and is not in a state of |
224 | financial emergency or deficit position as defined by this |
225 | section. Such long-term charter is subject to annual review and |
226 | may be terminated during the term of the charter pursuant to |
227 | subsection (9) (8). |
228 | (c) A charter may be modified during its initial term or |
229 | any renewal term upon the recommendation of the sponsor or the |
230 | charter school governing board and the approval of both parties |
231 | to the agreement. |
232 | (8) HIGH-PERFORMING CHARTER SCHOOLS.- |
233 | (a) A charter school is designated as a high-performing |
234 | charter school if it meets all of the following criteria: |
235 | 1. Has received a school grade of "A" or "B" pursuant to |
236 | s. 1008.34 for 3 consecutive years. |
237 | 2. Has received unqualified opinions on its annual audited |
238 | financial statements for 3 consecutive years. |
239 | 3. Has maintained positive fund balances for 3 consecutive |
240 | years. |
241 | (b) A high-performing charter school is entitled to: |
242 | 1. Automatically renew its charter for 15 years. |
243 | 2. Increase its enrollment in excess of the maximum |
244 | enrollment specified in its charter. |
245 | 3. Automatically qualify for startup grants for new |
246 | applicants. |
247 | 4. Receive capital outlay funds under s. 1013.62 beginning |
248 | with the first year it receives a high-performing charter school |
249 | designation. |
250 | 5. Receive an extension of time until January 1 to submit |
251 | an initial application pursuant to subsection (6) to replicate a |
252 | successful charter school. |
253 | (9)(8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.- |
254 | (a) The sponsor may choose not to renew or may terminate |
255 | the charter for any of the following grounds: |
256 | 1. Failure to participate in the state's education |
257 | accountability system created in s. 1008.31, as required in this |
258 | section, or failure to meet the requirements for student |
259 | performance stated in the charter. |
260 | 2. Failure to meet generally accepted standards of fiscal |
261 | management. |
262 | 3. Violation of law. |
263 | 4. Other good cause as defined in rules adopted by the |
264 | State Board of Education shown. |
265 | (b) At least 90 days prior to renewing or terminating a |
266 | charter, the sponsor shall notify the governing body of the |
267 | school of the proposed action in writing. The notice shall state |
268 | in reasonable detail the grounds for the proposed action and |
269 | stipulate that the school's governing body may, within 14 |
270 | calendar days after receiving the notice, request an informal |
271 | hearing before the sponsor. The sponsor shall conduct the |
272 | informal hearing within 30 calendar days after receiving a |
273 | written request. |
274 | (c) If a charter is not renewed or is terminated pursuant |
275 | to paragraph (b), the sponsor shall, within 10 calendar days, |
276 | articulate in writing the specific reasons for its nonrenewal or |
277 | termination of the charter and must provide the letter of |
278 | nonrenewal or termination and documentation supporting the |
279 | reasons to the charter school governing body, the charter school |
280 | principal, and the Department of Education. The charter school's |
281 | governing body may, within 30 calendar days after receiving the |
282 | sponsor's final written decision to refuse to renew or to |
283 | terminate the charter, appeal the decision pursuant to the |
284 | procedure established in subsection (6). |
285 | (d) A charter may be terminated immediately if the sponsor |
286 | determines that good cause has been shown or if the health, |
287 | safety, or welfare of the students is threatened. The sponsor's |
288 | determination is not subject to an informal hearing under |
289 | paragraph (b) or pursuant to chapter 120. The sponsor shall |
290 | notify in writing the charter school's governing body, the |
291 | charter school principal, and the department if a charter is |
292 | immediately terminated. The sponsor shall clearly identify the |
293 | specific issues that resulted in the immediate termination and |
294 | provide evidence of prior notification of issues resulting in |
295 | the immediate termination when appropriate. The school district |
296 | in which the charter school is located shall assume operation of |
297 | the school under these circumstances. The charter school's |
298 | governing board may, within 30 days after receiving the |
299 | sponsor's decision to terminate the charter, appeal the decision |
300 | pursuant to the procedure established in subsection (6). |
301 | (e) When a charter is not renewed or is terminated, the |
302 | school shall be dissolved under the provisions of law under |
303 | which the school was organized, and any unencumbered public |
304 | funds, except for capital outlay funds and federal charter |
305 | school program grant funds, from the charter school shall revert |
306 | to the sponsor. Capital outlay funds provided pursuant to s. |
307 | 1013.62 and federal charter school program grant funds that are |
308 | unencumbered shall revert to the department to be redistributed |
309 | among eligible charter schools. In the event a charter school is |
310 | dissolved or is otherwise terminated, all district school board |
311 | property and improvements, furnishings, and equipment purchased |
312 | with public funds shall automatically revert to full ownership |
313 | by the district school board, subject to complete satisfaction |
314 | of any lawful liens or encumbrances. Any unencumbered public |
315 | funds from the charter school, district school board property |
316 | and improvements, furnishings, and equipment purchased with |
317 | public funds, or financial or other records pertaining to the |
318 | charter school, in the possession of any person, entity, or |
319 | holding company, other than the charter school, shall be held in |
320 | trust upon the district school board's request, until any appeal |
321 | status is resolved. |
322 | (f) If a charter is not renewed or is terminated, the |
323 | charter school is responsible for all debts of the charter |
324 | school. The district may not assume the debt from any contract |
325 | made between the governing body of the school and a third party, |
326 | except for a debt that is previously detailed and agreed upon in |
327 | writing by both the district and the governing body of the |
328 | school and that may not reasonably be assumed to have been |
329 | satisfied by the district. |
330 | (g) If a charter is not renewed or is terminated, a |
331 | student who attended the school may apply to, and shall be |
332 | enrolled in, another public school. Normal application deadlines |
333 | shall be disregarded under such circumstances. |
334 | (10)(9) CHARTER SCHOOL REQUIREMENTS.- |
335 | (a) A charter school shall be nonsectarian in its |
336 | programs, admission policies, employment practices, and |
337 | operations. |
338 | (b) A charter school shall admit students as provided in |
339 | subsection (11) (10). |
340 | (c) A charter school shall be accountable to its sponsor |
341 | for performance as provided in subsection (7). |
342 | (d) A charter school shall not charge tuition or |
343 | registration fees, except those fees normally charged by other |
344 | public schools. However, a charter lab school may charge a |
345 | student activity and service fee as authorized by s. 1002.32(5). |
346 | (e) A charter school shall meet all applicable state and |
347 | local health, safety, and civil rights requirements. |
348 | (f) A charter school shall not violate the |
349 | antidiscrimination provisions of s. 1000.05. |
350 | (g) In order to provide financial information that is |
351 | comparable to that reported for other public schools, charter |
352 | schools are to maintain all financial records that constitute |
353 | their accounting system: |
354 | 1. In accordance with the accounts and codes prescribed in |
355 | the most recent issuance of the publication titled "Financial |
356 | and Program Cost Accounting and Reporting for Florida Schools"; |
357 | or |
358 | 2. At the discretion of the charter school governing |
359 | board, a charter school may elect to follow generally accepted |
360 | accounting standards for not-for-profit organizations, but must |
361 | reformat this information for reporting according to this |
362 | paragraph. |
363 |
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364 | Charter schools shall provide annual financial report and |
365 | program cost report information in the state-required formats |
366 | for inclusion in district reporting in compliance with s. |
367 | 1011.60(1). Charter schools that are operated by a municipality |
368 | or are a component unit of a parent nonprofit organization may |
369 | use the accounting system of the municipality or the parent but |
370 | must reformat this information for reporting according to this |
371 | paragraph. A charter school shall provide a quarterly monthly |
372 | financial statement to the sponsor unless a deteriorating |
373 | financial condition has been identified or the charter school is |
374 | determined to be in a state of financial emergency pursuant to |
375 | s. 1002.345, in which case the charter school shall provide a |
376 | monthly financial statement. The monthly financial statement |
377 | required under this paragraph shall be in a form prescribed by |
378 | the Department of Education. |
379 | (h) The governing board of the charter school shall |
380 | annually adopt and maintain an operating budget. |
381 | (i) The governing body of the charter school shall |
382 | exercise continuing oversight over charter school operations. |
383 | (j) The governing body of the charter school shall be |
384 | responsible for: |
385 | 1. Ensuring that the charter school has retained the |
386 | services of a certified public accountant or auditor for the |
387 | annual financial audit, pursuant to s. 1002.345(2), who shall |
388 | submit the report to the governing body. |
389 | 2. Reviewing and approving the audit report, including |
390 | audit findings and recommendations for the financial recovery |
391 | plan. |
392 | 3.a. Performing the duties in s. 1002.345, including |
393 | monitoring a corrective action plan. |
394 | b. Monitoring a financial recovery plan in order to ensure |
395 | compliance. |
396 | 4. Participating in governance training approved by the |
397 | department which must include government in the sunshine, |
398 | conflicts of interest, ethics, and financial responsibility. |
399 | (k) The governing body of the charter school shall report |
400 | its progress annually to its sponsor, which shall forward the |
401 | report to the Commissioner of Education at the same time as |
402 | other annual school accountability reports. The Department of |
403 | Education shall develop a uniform, online annual accountability |
404 | report to be completed by charter schools. This report shall be |
405 | easy to utilize and contain demographic information, student |
406 | performance data, and financial accountability information. A |
407 | charter school shall not be required to provide information and |
408 | data that is duplicative and already in the possession of the |
409 | department. The Department of Education shall include in its |
410 | compilation a notation if a school failed to file its report by |
411 | the deadline established by the department. The report shall |
412 | include at least the following components: |
413 | 1. Student achievement performance data, including the |
414 | information required for the annual school report and the |
415 | education accountability system governed by ss. 1008.31 and |
416 | 1008.345. Charter schools are subject to the same accountability |
417 | requirements as other public schools, including reports of |
418 | student achievement information that links baseline student data |
419 | to the school's performance projections identified in the |
420 | charter. The charter school shall identify reasons for any |
421 | difference between projected and actual student performance. |
422 | 2. Financial status of the charter school which must |
423 | include revenues and expenditures at a level of detail that |
424 | allows for analysis of the charter school's ability to meet |
425 | financial obligations and timely repayment of debt. |
426 | 3. Documentation of the facilities in current use and any |
427 | planned facilities for use by the charter school for instruction |
428 | of students, administrative functions, or investment purposes. |
429 | 4. Descriptive information about the charter school's |
430 | personnel, including salary and benefit levels of charter school |
431 | employees, the proportion of instructional personnel who hold |
432 | professional or temporary certificates, and the proportion of |
433 | instructional personnel teaching in-field or out-of-field. |
434 | (l) A charter school shall not levy taxes or issue bonds |
435 | secured by tax revenues. |
436 | (m) A charter school shall provide instruction for at |
437 | least the number of days required by law for other public |
438 | schools and may provide instruction for additional days. |
439 | (n) The director and a representative of the governing |
440 | body of a charter school that has received a school grade of "D" |
441 | under s. 1008.34(2) shall appear before the sponsor or the |
442 | sponsor's staff at least once a year to present information |
443 | concerning each contract component having noted deficiencies. |
444 | The sponsor shall communicate at the meeting, and in writing to |
445 | the director, the services provided to the school to help the |
446 | school address its deficiencies. |
447 | (o) Upon notification that a charter school receives a |
448 | school grade of "D" for 2 consecutive years or a school grade of |
449 | "F" under s. 1008.34(2), the charter school sponsor or the |
450 | sponsor's staff shall require the director and a representative |
451 | of the governing body to submit to the sponsor for approval a |
452 | school improvement plan to raise student achievement and to |
453 | implement the plan. The sponsor has the authority to approve a |
454 | school improvement plan that the charter school will implement |
455 | in the following school year. The sponsor may also consider the |
456 | State Board of Education's recommended action pursuant to s. |
457 | 1008.33(1) as part of the school improvement plan. The |
458 | Department of Education shall offer technical assistance and |
459 | training to the charter school and its governing body and |
460 | establish guidelines for developing, submitting, and approving |
461 | such plans. |
462 | 1. If the charter school fails to improve its student |
463 | performance from the year immediately prior to the |
464 | implementation of the school improvement plan, the sponsor shall |
465 | place the charter school on probation and shall require the |
466 | charter school governing body to take one of the following |
467 | corrective actions: |
468 | a. Contract for the educational services of the charter |
469 | school; |
470 | b. Reorganize the school at the end of the school year |
471 | under a new director or principal who is authorized to hire new |
472 | staff and implement a plan that addresses the causes of |
473 | inadequate progress; or |
474 | c. Reconstitute the charter school. |
475 | 2. A charter school that is placed on probation shall |
476 | continue the corrective actions required under subparagraph 1. |
477 | until the charter school improves its student performance from |
478 | the year prior to the implementation of the school improvement |
479 | plan. |
480 | 3. Notwithstanding any provision of this paragraph, the |
481 | sponsor may terminate the charter at any time pursuant to |
482 | subsection (9) (8). |
483 | (p) The director and a representative of the governing |
484 | body of a graded charter school that has submitted a school |
485 | improvement plan or has been placed on probation under paragraph |
486 | (o) shall appear before the sponsor or the sponsor's staff at |
487 | least once a year to present information regarding the |
488 | corrective strategies that are being implemented by the school |
489 | pursuant to the school improvement plan. The sponsor shall |
490 | communicate at the meeting, and in writing to the director, the |
491 | services provided to the school to help the school address its |
492 | deficiencies. |
493 | (11)(10) ELIGIBLE STUDENTS.- |
494 | (a) A charter school shall be open to any student covered |
495 | in an interdistrict agreement or residing in the school district |
496 | in which the charter school is located; however, in the case of |
497 | a charter lab school, the charter lab school shall be open to |
498 | any student eligible to attend the lab school as provided in s. |
499 | 1002.32 or who resides in the school district in which the |
500 | charter lab school is located. Any eligible student shall be |
501 | allowed interdistrict transfer to attend a charter school when |
502 | based on good cause. Good cause shall include, but is not |
503 | limited to, geographic proximity to a charter school in a |
504 | neighboring school district. |
505 | (b) The charter school shall enroll an eligible student |
506 | who submits a timely application, unless the number of |
507 | applications exceeds the capacity of a program, class, grade |
508 | level, or building. In such case, all applicants shall have an |
509 | equal chance of being admitted through a random selection |
510 | process. |
511 | (c) When a public school converts to charter status, |
512 | enrollment preference shall be given to students who would have |
513 | otherwise attended that public school. The district school board |
514 | shall consult and negotiate with the conversion charter school |
515 | every 3 years to determine whether realignment of the conversion |
516 | charter school's attendance zone is appropriate in order to |
517 | ensure that students residing closest to the charter school are |
518 | provided with an enrollment preference. |
519 | (d) A charter school may give enrollment preference to the |
520 | following student populations: |
521 | 1. Students who are siblings of a student enrolled in the |
522 | charter school. |
523 | 2. Students who are the children of a member of the |
524 | governing board of the charter school. |
525 | 3. Students who are the children of an employee of the |
526 | charter school. |
527 | (e) A charter school may limit the enrollment process only |
528 | to target the following student populations: |
529 | 1. Students within specific age groups or grade levels. |
530 | 2. Students considered at risk of dropping out of school |
531 | or academic failure. Such students shall include exceptional |
532 | education students. |
533 | 3. Students enrolling in a charter school-in-the-workplace |
534 | or charter school-in-a-municipality established pursuant to |
535 | subsection (16) (15). |
536 | 4. Students residing within a reasonable distance of the |
537 | charter school, as described in paragraph (21)(20)(c). Such |
538 | students shall be subject to a random lottery and to the |
539 | racial/ethnic balance provisions described in subparagraph |
540 | (7)(a)8. or any federal provisions that require a school to |
541 | achieve a racial/ethnic balance reflective of the community it |
542 | serves or within the racial/ethnic range of other public schools |
543 | in the same school district. |
544 | 5. Students who meet reasonable academic, artistic, or |
545 | other eligibility standards established by the charter school |
546 | and included in the charter school application and charter or, |
547 | in the case of existing charter schools, standards that are |
548 | consistent with the school's mission and purpose. Such standards |
549 | shall be in accordance with current state law and practice in |
550 | public schools and may not discriminate against otherwise |
551 | qualified individuals. |
552 | 6. Students articulating from one charter school to |
553 | another pursuant to an articulation agreement between the |
554 | charter schools that has been approved by the sponsor. |
555 | (f) Students with disabilities and students served in |
556 | English for Speakers of Other Languages programs shall have an |
557 | equal opportunity of being selected for enrollment in a charter |
558 | school. |
559 | (g) A student may withdraw from a charter school at any |
560 | time and enroll in another public school as determined by |
561 | district school board rule. |
562 | (h) The capacity of the charter school shall be determined |
563 | annually by the governing board, in conjunction with the |
564 | sponsor, of the charter school in consideration of the factors |
565 | identified in this subsection. |
566 | (12)(11) PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR |
567 | ACTIVITIES.-A charter school student is eligible to participate |
568 | in an interscholastic extracurricular activity at the public |
569 | school to which the student would be otherwise assigned to |
570 | attend pursuant to s. 1006.15(3)(d). |
571 | (13)(12) EMPLOYEES OF CHARTER SCHOOLS.- |
572 | (a) A charter school shall select its own employees. A |
573 | charter school may contract with its sponsor for the services of |
574 | personnel employed by the sponsor. |
575 | (b) Charter school employees shall have the option to |
576 | bargain collectively. Employees may collectively bargain as a |
577 | separate unit or as part of the existing district collective |
578 | bargaining unit as determined by the structure of the charter |
579 | school. |
580 | (c) The employees of a conversion charter school shall |
581 | remain public employees for all purposes, unless such employees |
582 | choose not to do so. |
583 | (d) The teachers at a charter school may choose to be part |
584 | of a professional group that subcontracts with the charter |
585 | school to operate the instructional program under the auspices |
586 | of a partnership or cooperative that they collectively own. |
587 | Under this arrangement, the teachers would not be public |
588 | employees. |
589 | (e) Employees of a school district may take leave to |
590 | accept employment in a charter school upon the approval of the |
591 | district school board. While employed by the charter school and |
592 | on leave that is approved by the district school board, the |
593 | employee may retain seniority accrued in that school district |
594 | and may continue to be covered by the benefit programs of that |
595 | school district, if the charter school and the district school |
596 | board agree to this arrangement and its financing. School |
597 | districts shall not require resignations of teachers desiring to |
598 | teach in a charter school. This paragraph shall not prohibit a |
599 | district school board from approving alternative leave |
600 | arrangements consistent with chapter 1012. |
601 | (f) Teachers employed by or under contract to a charter |
602 | school shall be certified as required by chapter 1012. A charter |
603 | school governing board may employ or contract with skilled |
604 | selected noncertified personnel to provide instructional |
605 | services or to assist instructional staff members as education |
606 | paraprofessionals in the same manner as defined in chapter 1012, |
607 | and as provided by State Board of Education rule for charter |
608 | school governing boards. A charter school may not knowingly |
609 | employ an individual to provide instructional services or to |
610 | serve as an education paraprofessional if the individual's |
611 | certification or licensure as an educator is suspended or |
612 | revoked by this or any other state. A charter school may not |
613 | knowingly employ an individual who has resigned from a school |
614 | district in lieu of disciplinary action with respect to child |
615 | welfare or safety, or who has been dismissed for just cause by |
616 | any school district with respect to child welfare or safety. The |
617 | qualifications of teachers shall be disclosed to parents. |
618 | (g)1. A charter school shall employ or contract with |
619 | employees who have undergone background screening as provided in |
620 | s. 1012.32. Members of the governing board of the charter school |
621 | shall also undergo background screening in a manner similar to |
622 | that provided in s. 1012.32. |
623 | 2. A charter school shall disqualify instructional |
624 | personnel and school administrators, as defined in s. 1012.01, |
625 | from employment in any position that requires direct contact |
626 | with students if the personnel or administrators are ineligible |
627 | for such employment under s. 1012.315. |
628 | 3. The governing board of a charter school shall adopt |
629 | policies establishing standards of ethical conduct for |
630 | instructional personnel and school administrators. The policies |
631 | must require all instructional personnel and school |
632 | administrators, as defined in s. 1012.01, to complete training |
633 | on the standards; establish the duty of instructional personnel |
634 | and school administrators to report, and procedures for |
635 | reporting, alleged misconduct by other instructional personnel |
636 | and school administrators which affects the health, safety, or |
637 | welfare of a student; and include an explanation of the |
638 | liability protections provided under ss. 39.203 and 768.095. A |
639 | charter school, or any of its employees, may not enter into a |
640 | confidentiality agreement regarding terminated or dismissed |
641 | instructional personnel or school administrators, or personnel |
642 | or administrators who resign in lieu of termination, based in |
643 | whole or in part on misconduct that affects the health, safety, |
644 | or welfare of a student, and may not provide instructional |
645 | personnel or school administrators with employment references or |
646 | discuss the personnel's or administrators' performance with |
647 | prospective employers in another educational setting, without |
648 | disclosing the personnel's or administrators' misconduct. Any |
649 | part of an agreement or contract that has the purpose or effect |
650 | of concealing misconduct by instructional personnel or school |
651 | administrators which affects the health, safety, or welfare of a |
652 | student is void, is contrary to public policy, and may not be |
653 | enforced. |
654 | 4. Before employing instructional personnel or school |
655 | administrators in any position that requires direct contact with |
656 | students, a charter school shall conduct employment history |
657 | checks of each of the personnel's or administrators' previous |
658 | employers, screen the instructional personnel or school |
659 | administrators through use of the educator screening tools |
660 | described in s. 1001.10(5), and document the findings. If unable |
661 | to contact a previous employer, the charter school must document |
662 | efforts to contact the employer. |
663 | 5. The sponsor of a charter school that knowingly fails to |
664 | comply with this paragraph shall terminate the charter under |
665 | subsection (9) (8). |
666 | (h) For the purposes of tort liability, the governing body |
667 | and employees of a charter school shall be governed by s. |
668 | 768.28. |
669 | (i) A charter school shall organize as, or be operated by, |
670 | a nonprofit organization. A charter school may be operated by a |
671 | municipality or other public entity as provided for by law. As |
672 | such, the charter school may be either a private or a public |
673 | employer. As a public employer, a charter school may participate |
674 | in the Florida Retirement System upon application and approval |
675 | as a "covered group" under s. 121.021(34). If a charter school |
676 | participates in the Florida Retirement System, the charter |
677 | school employees shall be compulsory members of the Florida |
678 | Retirement System. As either a private or a public employer, a |
679 | charter school may contract for services with an individual or |
680 | group of individuals who are organized as a partnership or a |
681 | cooperative. Individuals or groups of individuals who contract |
682 | their services to the charter school are not public employees. |
683 | (14)(13) CHARTER SCHOOL COOPERATIVES.-Charter schools may |
684 | enter into cooperative agreements to form charter school |
685 | cooperative organizations that may provide the following |
686 | services: charter school planning and development, direct |
687 | instructional services, and contracts with charter school |
688 | governing boards to provide personnel administrative services, |
689 | payroll services, human resource management, evaluation and |
690 | assessment services, teacher preparation, and professional |
691 | development. |
692 | (15)(14) CHARTER SCHOOL FINANCIAL ARRANGEMENTS; |
693 | INDEMNIFICATION OF THE STATE AND SCHOOL DISTRICT; CREDIT OR |
694 | TAXING POWER NOT TO BE PLEDGED.-Any arrangement entered into to |
695 | borrow or otherwise secure funds for a charter school authorized |
696 | in this section from a source other than the state or a school |
697 | district shall indemnify the state and the school district from |
698 | any and all liability, including, but not limited to, financial |
699 | responsibility for the payment of the principal or interest. Any |
700 | loans, bonds, or other financial agreements are not obligations |
701 | of the state or the school district but are obligations of the |
702 | charter school authority and are payable solely from the sources |
703 | of funds pledged by such agreement. The credit or taxing power |
704 | of the state or the school district shall not be pledged and no |
705 | debts shall be payable out of any moneys except those of the |
706 | legal entity in possession of a valid charter approved by a |
707 | district school board pursuant to this section. |
708 | (16)(15) CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER |
709 | SCHOOLS-IN-A-MUNICIPALITY.- |
710 | (a) In order to increase business partnerships in |
711 | education, to reduce school and classroom overcrowding |
712 | throughout the state, and to offset the high costs for |
713 | educational facilities construction, the Legislature intends to |
714 | encourage the formation of business partnership schools or |
715 | satellite learning centers and municipal-operated schools |
716 | through charter school status. |
717 | (b) A charter school-in-the-workplace may be established |
718 | when a business partner: |
719 | 1. Provides one of the following: |
720 | a. Access to a the school facility to be used; |
721 | b. Resources that materially reduce the cost of |
722 | constructing a school facility; |
723 | c. Land for a school facility; or |
724 | d. Resources to maintain a school facility; |
725 | 2. Enrolls students based upon a random lottery that |
726 | involves all of the children of employees of that business or |
727 | corporation who are seeking enrollment, as provided for in |
728 | subsection (11) (10); and |
729 | 3. Enrolls students according to the racial/ethnic balance |
730 | provisions described in subparagraph (7)(a)8. |
731 |
|
732 | A charter school-in-the-workplace is eligible for capital outlay |
733 | funding under s. 1013.62. Any portion of a facility used for a |
734 | public charter school shall be exempt from ad valorem taxes, as |
735 | provided for in s. 1013.54, for the duration of its use as a |
736 | public school. |
737 | (c) A charter school-in-a-municipality designation may be |
738 | granted to a municipality that possesses a charter; enrolls |
739 | students based upon a random lottery that involves all of the |
740 | children of the residents of that municipality who are seeking |
741 | enrollment, as provided for in subsection (11) (10); and enrolls |
742 | students according to the racial/ethnic balance provisions |
743 | described in subparagraph (7)(a)8. When a municipality has |
744 | submitted charter applications for the establishment of a |
745 | charter school feeder pattern, consisting of elementary, middle, |
746 | and senior high schools, and each individual charter application |
747 | is approved by the district school board, such schools shall |
748 | then be designated as one charter school for all purposes listed |
749 | pursuant to this section. Any portion of the land and facility |
750 | used for a public charter school shall be exempt from ad valorem |
751 | taxes, as provided for in s. 1013.54, for the duration of its |
752 | use as a public school. |
753 | (d) As used in this subsection, the terms "business |
754 | partner" or "municipality" may include more than one business or |
755 | municipality to form a charter school-in-the-workplace or |
756 | charter school-in-a-municipality. |
757 | (17)(16) EXEMPTION FROM STATUTES.- |
758 | (a) A charter school shall operate in accordance with its |
759 | charter and shall be exempt from all statutes in chapters 1000- |
760 | 1013. However, a charter school shall be in compliance with the |
761 | following statutes in chapters 1000-1013: |
762 | 1. Those statutes specifically applying to charter |
763 | schools, including this section. |
764 | 2. Those statutes pertaining to the student assessment |
765 | program and school grading system. |
766 | 3. Those statutes pertaining to the provision of services |
767 | to students with disabilities. |
768 | 4. Those statutes pertaining to civil rights, including s. |
769 | 1000.05, relating to discrimination. |
770 | 5. Those statutes pertaining to student health, safety, |
771 | and welfare. |
772 | (b) Additionally, a charter school shall be in compliance |
773 | with the following statutes: |
774 | 1. Section 286.011, relating to public meetings and |
775 | records, public inspection, and criminal and civil penalties. |
776 | 2. Chapter 119, relating to public records. |
777 | (18)(17) FUNDING.-Students enrolled in a charter school, |
778 | regardless of the sponsorship, shall be funded as if they are in |
779 | a basic program or a special program, the same as students |
780 | enrolled in other public schools in the school district. Funding |
781 | for a charter lab school shall be as provided in s. 1002.32. |
782 | (a) Each charter school shall report its student |
783 | enrollment to the sponsor as required in s. 1011.62, and in |
784 | accordance with the definitions in s. 1011.61. The sponsor shall |
785 | include each charter school's enrollment in the district's |
786 | report of student enrollment. All charter schools submitting |
787 | student record information required by the Department of |
788 | Education shall comply with the Department of Education's |
789 | guidelines for electronic data formats for such data, and all |
790 | districts shall accept electronic data that complies with the |
791 | Department of Education's electronic format. |
792 | (b) The basis for the agreement for funding students |
793 | enrolled in a charter school shall be the sum of the school |
794 | district's operating funds from the Florida Education Finance |
795 | Program as provided in s. 1011.62 and the General Appropriations |
796 | Act, including gross state and local funds, discretionary |
797 | lottery funds, and funds from the school district's current |
798 | operating discretionary millage levy; divided by total funded |
799 | weighted full-time equivalent students in the school district; |
800 | multiplied by the weighted full-time equivalent students for the |
801 | charter school. Charter schools whose students or programs meet |
802 | the eligibility criteria in law shall be entitled to their |
803 | proportionate share of categorical program funds included in the |
804 | total funds available in the Florida Education Finance Program |
805 | by the Legislature, including transportation. Total funding for |
806 | each charter school shall be recalculated during the year to |
807 | reflect the revised calculations under the Florida Education |
808 | Finance Program by the state and the actual weighted full-time |
809 | equivalent students reported by the charter school during the |
810 | full-time equivalent student survey periods designated by the |
811 | Commissioner of Education. |
812 | (c) If the district school board is providing programs or |
813 | services to students funded by federal funds, any eligible |
814 | students enrolled in charter schools in the school district |
815 | shall be provided federal funds for the same level of service |
816 | provided students in the schools operated by the district school |
817 | board. Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all |
818 | charter schools shall receive all federal funding for which the |
819 | school is otherwise eligible, including Title I and IDEA |
820 | funding, not later than 5 months after the charter school first |
821 | opens and within 5 months after any subsequent expansion of |
822 | enrollment. |
823 | (d) Charter schools shall be included by the Department of |
824 | Education and the district school board in requests for federal |
825 | stimulus funds in the same manner as district school board- |
826 | operated public schools, including Title I and IDEA funds and |
827 | shall be entitled to receive such funds. Charter schools are |
828 | eligible to participate in federal competitive grants that are |
829 | available as part of the federal stimulus funds. |
830 | (e) District school boards shall make timely and efficient |
831 | payment and reimbursement to charter schools, including |
832 | processing paperwork required to access special state and |
833 | federal funding for which they may be eligible. The district |
834 | school board may distribute funds to a charter school for up to |
835 | 3 months based on the projected full-time equivalent student |
836 | membership of the charter school. Thereafter, the results of |
837 | full-time equivalent student membership surveys shall be used in |
838 | adjusting the amount of funds distributed monthly to the charter |
839 | school for the remainder of the fiscal year. The payment shall |
840 | be issued no later than 10 working days after the district |
841 | school board receives a distribution of state or federal funds. |
842 | If a warrant for payment is not issued within 10 working days |
843 | after receipt of funding by the district school board, the |
844 | school district shall pay to the charter school, in addition to |
845 | the amount of the scheduled disbursement, interest at a rate of |
846 | 1 percent per month calculated on a daily basis on the unpaid |
847 | balance from the expiration of the 10 working days until such |
848 | time as the warrant is issued. |
849 | (19)(18) FACILITIES.- |
850 | (a) A startup charter school shall utilize facilities |
851 | which comply with the Florida Building Code pursuant to chapter |
852 | 553 except for the State Requirements for Educational |
853 | Facilities. Conversion charter schools shall utilize facilities |
854 | that comply with the State Requirements for Educational |
855 | Facilities provided that the school district and the charter |
856 | school have entered into a mutual management plan for the |
857 | reasonable maintenance of such facilities. The mutual management |
858 | plan shall contain a provision by which the district school |
859 | board agrees to maintain charter school facilities in the same |
860 | manner as its other public schools within the district. Charter |
861 | schools, with the exception of conversion charter schools, are |
862 | not required to comply, but may choose to comply, with any or |
863 | all components of the State Requirements for Educational |
864 | Facilities of the Florida Building Code adopted pursuant to s. |
865 | 1013.37. The local governing authority shall not adopt or impose |
866 | local building requirements or site development restrictions, |
867 | such as parking and site-size criteria, that are more stringent |
868 | than those found in the State Requirements for Educational |
869 | Facilities of the Florida Building Code. The agency having |
870 | jurisdiction for inspection of a facility and issuance of a |
871 | certificate of occupancy or use shall be the local municipality |
872 | or, if in an unincorporated area, the county governing |
873 | authority. |
874 | (b) A charter school shall utilize facilities that comply |
875 | with the Florida Fire Prevention Code, pursuant to s. 633.025, |
876 | as adopted by the authority in whose jurisdiction the facility |
877 | is located as provided in paragraph (a). |
878 | (c) Any facility, or portion thereof, used to house a |
879 | charter school whose charter has been approved by the sponsor |
880 | and the governing board, pursuant to subsection (7), shall be |
881 | exempt from ad valorem taxes pursuant to s. 196.1983. Library, |
882 | community service, museum, performing arts, theatre, cinema, |
883 | church, community college, college, and university facilities |
884 | may provide space to charter schools within their facilities |
885 | under their preexisting zoning and land use designations. |
886 | (d) Charter school facilities are exempt from assessments |
887 | of fees for building permits, except as provided in s. 553.80, |
888 | fees for building and occupational licenses, impact fees or |
889 | exactions under s. 163.3180(13)(e)2., service availability fees, |
890 | and assessments for special benefits. |
891 | (e) If a district school board facility or property is |
892 | available because it is surplus, marked for disposal, or |
893 | otherwise unused, it shall be provided for a charter school's |
894 | use on the same basis as it is made available to other public |
895 | schools in the district. A charter school receiving property |
896 | from the school district may not sell or dispose of such |
897 | property without written permission of the school district. |
898 | Similarly, for an existing public school converting to charter |
899 | status, no rental or leasing fee for the existing facility or |
900 | for the property normally inventoried to the conversion school |
901 | may be charged by the district school board to the parents and |
902 | teachers organizing the charter school. The charter school shall |
903 | agree to reasonable maintenance provisions in order to maintain |
904 | the facility in a manner similar to district school board |
905 | standards. The Public Education Capital Outlay maintenance funds |
906 | or any other maintenance funds generated by the facility |
907 | operated as a conversion school shall remain with the conversion |
908 | school. |
909 | (f) To the extent that charter school facilities are |
910 | specifically created to mitigate the educational impact created |
911 | by the development of new residential dwelling units, pursuant |
912 | to subparagraph (2)(c)4., some of or all of the educational |
913 | impact fees required to be paid in connection with the new |
914 | residential dwelling units may be designated instead for the |
915 | construction of the charter school facilities that will mitigate |
916 | the student station impact. Such facilities shall be built to |
917 | the State Requirements for Educational Facilities and shall be |
918 | owned by a public or nonprofit entity. The local school district |
919 | retains the right to monitor and inspect such facilities to |
920 | ensure compliance with the State Requirements for Educational |
921 | Facilities. If a facility ceases to be used for public |
922 | educational purposes, either the facility shall revert to the |
923 | school district subject to any debt owed on the facility, or the |
924 | owner of the facility shall have the option to refund all |
925 | educational impact fees utilized for the facility to the school |
926 | district. The district and the owner of the facility may |
927 | contractually agree to another arrangement for the facilities if |
928 | the facilities cease to be used for educational purposes. The |
929 | owner of property planned or approved for new residential |
930 | dwelling units and the entity levying educational impact fees |
931 | shall enter into an agreement that designates the educational |
932 | impact fees that will be allocated for the charter school |
933 | student stations and that ensures the timely construction of the |
934 | charter school student stations concurrent with the expected |
935 | occupancy of the residential units. The application for use of |
936 | educational impact fees shall include an approved charter school |
937 | application. To assist the school district in forecasting |
938 | student station needs, the entity levying the impact fees shall |
939 | notify the affected district of any agreements it has approved |
940 | for the purpose of mitigating student station impact from the |
941 | new residential dwelling units. |
942 | (g) Each school district shall annually provide to the |
943 | Department of Education as part of its 5-year work plan the |
944 | number of existing vacant classrooms in each school that the |
945 | district does not intend to use or does not project will be |
946 | needed for educational purposes for the following school year. |
947 | The department may recommend that a district make such space |
948 | available to an appropriate charter school. |
949 | (20)(19) CAPITAL OUTLAY FUNDING.-Charter schools are |
950 | eligible for capital outlay funds pursuant to s. 1013.62. |
951 | (21)(20) SERVICES.- |
952 | (a) A sponsor shall provide certain administrative and |
953 | educational services to charter schools. These services shall |
954 | include contract management services; full-time equivalent and |
955 | data reporting services; exceptional student education |
956 | administration services; services related to eligibility and |
957 | reporting duties required to ensure that school lunch services |
958 | under the federal lunch program, consistent with the needs of |
959 | the charter school, are provided by the school district at the |
960 | request of the charter school, that any funds due to the charter |
961 | school under the federal lunch program be paid to the charter |
962 | school as soon as the charter school begins serving food under |
963 | the federal lunch program, and that the charter school is paid |
964 | at the same time and in the same manner under the federal lunch |
965 | program as other public schools serviced by the sponsor or the |
966 | school district; test administration services, including payment |
967 | of the costs of state-required or district-required student |
968 | assessments; processing of teacher certificate data services; |
969 | and information services, including equal access to student |
970 | information systems that are used by public schools in the |
971 | district in which the charter school is located. Student |
972 | performance data for each student in a charter school, |
973 | including, but not limited to, FCAT scores, standardized test |
974 | scores, previous public school student report cards, and student |
975 | performance measures, shall be provided by the sponsor to a |
976 | charter school in the same manner provided to other public |
977 | schools in the district. A total administrative fee for the |
978 | provision of such services shall be calculated based upon up to |
979 | 5 percent of the available funds defined in paragraph |
980 | (18)(17)(b) for all students. However, a sponsor may only |
981 | withhold up to a 5-percent administrative fee for enrollment for |
982 | up to and including 500 students. For charter schools with a |
983 | population of 501 or more students, the difference between the |
984 | total administrative fee calculation and the amount of the |
985 | administrative fee withheld may only be used for capital outlay |
986 | purposes specified in s. 1013.62(2). Each charter school shall |
987 | receive 100 percent of the funds awarded to that school pursuant |
988 | to s. 1012.225. Sponsors shall not charge charter schools any |
989 | additional fees or surcharges for administrative and educational |
990 | services in addition to the maximum 5-percent administrative fee |
991 | withheld pursuant to this paragraph. |
992 | (b) If goods and services are made available to the |
993 | charter school through the contract with the school district, |
994 | they shall be provided to the charter school at a rate no |
995 | greater than the district's actual cost unless mutually agreed |
996 | upon by the charter school and the sponsor in a contract |
997 | negotiated separately from the charter. When mediation has |
998 | failed to resolve disputes over contracted services or |
999 | contractual matters not included in the charter, an appeal may |
1000 | be made for a dispute resolution hearing before the Charter |
1001 | School Appeal Commission. To maximize the use of state funds, |
1002 | school districts shall allow charter schools to participate in |
1003 | the sponsor's bulk purchasing program if applicable. |
1004 | (c) Transportation of charter school students shall be |
1005 | provided by the charter school consistent with the requirements |
1006 | of subpart I.E. of chapter 1006 and s. 1012.45. The governing |
1007 | body of the charter school may provide transportation through an |
1008 | agreement or contract with the district school board, a private |
1009 | provider, or parents. The charter school and the sponsor shall |
1010 | cooperate in making arrangements that ensure that transportation |
1011 | is not a barrier to equal access for all students residing |
1012 | within a reasonable distance of the charter school as determined |
1013 | in its charter. |
1014 | (22)(21) PUBLIC INFORMATION ON CHARTER SCHOOLS.- |
1015 | (a) The Department of Education shall provide information |
1016 | to the public, directly and through sponsors, on how to form and |
1017 | operate a charter school and how to enroll in a charter school |
1018 | once it is created. This information shall include a standard |
1019 | application format, charter format, evaluation instrument, and |
1020 | charter renewal format, which shall include the information |
1021 | specified in subsection (7) and shall be developed by consulting |
1022 | and negotiating with both school districts and charter schools |
1023 | before implementation. The charter and charter renewal formats |
1024 | shall be used by charter school sponsors. |
1025 | (b)1. The Department of Education shall report student |
1026 | assessment data pursuant to s. 1008.34(3)(c) which is reported |
1027 | to schools that receive a school grade or student assessment |
1028 | data pursuant to s. 1008.341(3) which is reported to alternative |
1029 | schools that receive a school improvement rating to each charter |
1030 | school that: |
1031 | a. Does not receive a school grade pursuant to s. 1008.34 |
1032 | or a school improvement rating pursuant to s. 1008.341; and |
1033 | b. Serves at least 10 students who are tested on the |
1034 | statewide assessment test pursuant to s. 1008.22. |
1035 | 2. The charter school shall report the information in |
1036 | subparagraph 1. to each parent of a student at the charter |
1037 | school, the parent of a child on a waiting list for the charter |
1038 | school, the district in which the charter school is located, and |
1039 | the governing board of the charter school. This paragraph does |
1040 | not abrogate the provisions of s. 1002.22, relating to student |
1041 | records, or the requirements of 20 U.S.C. s. 1232g, the Family |
1042 | Educational Rights and Privacy Act. |
1043 | 2.3.a. Pursuant to this paragraph, the Department of |
1044 | Education shall compare the charter school student performance |
1045 | data for each charter school in subparagraph 1. with the student |
1046 | performance data in traditional public schools in the district |
1047 | in which the charter school is located and other charter schools |
1048 | in the state. For alternative charter schools, the department |
1049 | shall compare the student performance data described in this |
1050 | paragraph with all alternative schools in the state. The |
1051 | comparative data shall be provided by the following grade |
1052 | groupings: |
1053 | (I) Grades 3 through 5; |
1054 | (II) Grades 6 through 8; and |
1055 | (III) Grades 9 through 11. |
1056 | b. Each charter school shall provide the information |
1057 | specified in this paragraph on its Internet website and also |
1058 | provide notice to the public at large in a manner provided by |
1059 | the rules of the State Board of Education. The State Board of |
1060 | Education shall adopt rules to administer the notice |
1061 | requirements of this subparagraph pursuant to ss. 120.536(1) and |
1062 | 120.54. The website shall include, through links or actual |
1063 | content, other information related to school performance. |
1064 | (23)(22) CHARTER SCHOOL REVIEW PANEL AND LEGISLATIVE |
1065 | REVIEW.- |
1066 | (a) The Department of Education shall staff and regularly |
1067 | convene a Charter School Review Panel in order to review issues, |
1068 | practices, and policies regarding charter schools. The |
1069 | composition of the review panel shall include individuals with |
1070 | experience in finance, administration, law, education, and |
1071 | school governance, and individuals familiar with charter school |
1072 | construction and operation. The panel shall include two |
1073 | appointees each from the Commissioner of Education, the |
1074 | President of the Senate, and the Speaker of the House of |
1075 | Representatives. The Governor shall appoint three members of the |
1076 | panel and shall designate the chair. Each member of the panel |
1077 | shall serve a 1-year term, unless renewed by the office making |
1078 | the appointment. The panel shall make recommendations to the |
1079 | Legislature, to the Department of Education, to charter schools, |
1080 | and to school districts for improving charter school operations |
1081 | and oversight and for ensuring best business practices at and |
1082 | fair business relationships with charter schools. |
1083 | (b) The Legislature shall review the operation of charter |
1084 | schools during the 2010 Regular Session of the Legislature. |
1085 | (24)(23) ANALYSIS OF CHARTER SCHOOL PERFORMANCE.-Upon |
1086 | receipt of the annual report required by paragraph (10)(9)(k), |
1087 | the Department of Education shall provide to the State Board of |
1088 | Education, the Commissioner of Education, the Governor, the |
1089 | President of the Senate, and the Speaker of the House of |
1090 | Representatives an analysis and comparison of the overall |
1091 | performance of charter school students, to include all students |
1092 | whose scores are counted as part of the statewide assessment |
1093 | program, versus comparable public school students in the |
1094 | district as determined by the statewide assessment program |
1095 | currently administered in the school district, and other |
1096 | assessments administered pursuant to s. 1008.22(3). |
1097 | (25)(24) RESTRICTION ON EMPLOYMENT OF RELATIVES.- |
1098 | (a) This subsection applies to charter school personnel in |
1099 | a charter school operated by a private entity. As used in this |
1100 | subsection, the term: |
1101 | 1. "Charter school personnel" means a charter school |
1102 | owner, president, chairperson of the governing board of |
1103 | directors, superintendent, governing board member, principal, |
1104 | assistant principal, or any other person employed by the charter |
1105 | school who has equivalent decisionmaking authority and in whom |
1106 | is vested the authority, or to whom the authority has been |
1107 | delegated, to appoint, employ, promote, or advance individuals |
1108 | or to recommend individuals for appointment, employment, |
1109 | promotion, or advancement in connection with employment in a |
1110 | charter school, including the authority as a member of a |
1111 | governing body of a charter school to vote on the appointment, |
1112 | employment, promotion, or advancement of individuals. |
1113 | 2. "Relative" means father, mother, son, daughter, |
1114 | brother, sister, uncle, aunt, first cousin, nephew, niece, |
1115 | husband, wife, father-in-law, mother-in-law, son-in-law, |
1116 | daughter-in-law, brother-in-law, sister-in-law, stepfather, |
1117 | stepmother, stepson, stepdaughter, stepbrother, stepsister, half |
1118 | brother, or half sister. |
1119 | (b) Charter school personnel may not knowingly recommend |
1120 | or engage in the appoint, employ, promote, or advance, or |
1121 | advocate for appointment, employment, promotion, or |
1122 | of an individual or employee to a work location if that action |
1123 | will create a situation in which one employee will be |
1124 | responsible for the direct supervision of, or exercise |
1125 | advancement, in or to a position in the charter school in which |
1126 | the personnel are serving or over which the personnel exercises |
1127 | jurisdiction or control over, another employee any individual |
1128 | who is a relative. The Commissioner of Education or the sponsor |
1129 | may make exceptions to this paragraph if such personnel actions |
1130 | would cause undue hardship on students or seriously disrupt a |
1131 | charter school's operations. An individual may not be appointed, |
1132 | employed, promoted, or advanced in or to a position in a charter |
1133 | school if such appointment, employment, promotion, or |
1134 | advancement has been advocated by charter school personnel who |
1135 | serve in or exercise jurisdiction or control over the charter |
1136 | school and who is a relative of the individual or if such |
1137 | appointment, employment, promotion, or advancement is made by |
1138 | the governing board of which a relative of the individual is a |
1139 | member. |
1140 | (c) The approval of budgets does not constitute |
1141 | "jurisdiction or control" for the purposes of this subsection. |
1142 |
|
1143 | Charter school personnel in schools operated by a municipality |
1144 | or other public entity are subject to s. 112.3135. |
1145 | (26)(25) STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.- |
1146 | (a) A member of a governing board of a charter school, |
1147 | including a charter school operated by a private entity, is |
1148 | subject to ss. 112.313(2), (3), (7), and (12) and 112.3143(3). |
1149 | (b) A member of a governing board of a charter school |
1150 | operated by a municipality or other public entity is subject to |
1151 | s. 112.3145 112.3144, which relates to the disclosure of |
1152 | financial interests. |
1153 | (27)(26) RULEMAKING.-The Department of Education, after |
1154 | consultation with school districts and charter school directors, |
1155 | shall recommend that the State Board of Education adopt rules to |
1156 | implement specific subsections of this section. Such rules shall |
1157 | require minimum paperwork and shall not limit charter school |
1158 | flexibility authorized by statute. The State Board of Education |
1159 | shall adopt rules, pursuant to ss. 120.536(1) and 120.54, to |
1160 | implement a charter model application form, evaluation |
1161 | instrument, and charter and charter renewal formats in |
1162 | accordance with this section. |
1163 | Section 2. Paragraph (e) of subsection (1) and subsections |
1164 | (2) and (3) of section 1013.62, Florida Statutes, are amended to |
1165 | read: |
1166 | 1013.62 Charter schools capital outlay funding.- |
1167 | (1) In each year in which funds are appropriated for |
1168 | charter school capital outlay purposes, the Commissioner of |
1169 | Education shall allocate the funds among eligible charter |
1170 | schools. |
1171 | (e) Unless otherwise provided in the General |
1172 | Appropriations Act, the funding allocation for each eligible |
1173 | charter school is determined by multiplying the school's |
1174 | projected student enrollment by one-fifteenth of the cost-per- |
1175 | student station specified in s. 1013.64(6)(b) for an elementary, |
1176 | middle, or high school, as appropriate. If the funds |
1177 | appropriated are not sufficient, the commissioner shall prorate |
1178 | the available funds among eligible charter schools. However, a |
1179 | charter school or charter lab school may not receive state |
1180 | charter school capital outlay funds greater than the one- |
1181 | fifteenth cost per student station formula if the charter |
1182 | school's combination of state charter school capital outlay |
1183 | funds, capital outlay funds calculated through the reduction in |
1184 | the administrative fee provided in s. 1002.33(21)(20), and |
1185 | capital outlay funds allowed in s. 1002.32(9)(e) and (h) exceeds |
1186 | the one-fifteenth cost per student station formula. |
1187 | (2) A charter school's governing body may use charter |
1188 | school capital outlay funds for the following purposes: |
1189 | (a) Purchase of real property. |
1190 | (b) Construction of school facilities. |
1191 | (c) Purchase, lease-purchase, or lease of permanent or |
1192 | relocatable school facilities. |
1193 | (d) Purchase of vehicles to transport students to and from |
1194 | the charter school. |
1195 | (e) Renovation, repair, and maintenance of school |
1196 | facilities that the charter school owns or is purchasing through |
1197 | a lease-purchase or long-term lease of 5 years or longer. |
1198 | (f) Effective July 1, 2008, purchase, lease-purchase, or |
1199 | lease of new and replacement equipment, and enterprise resource |
1200 | software applications that are classified as capital assets in |
1201 | accordance with definitions of the Governmental Accounting |
1202 | Standards Board, have a useful life of at least 5 years, and are |
1203 | used to support schoolwide administration or state-mandated |
1204 | reporting requirements. |
1205 | (g) Payment of the cost of premiums for property and |
1206 | casualty insurance necessary to insure the school facilities. |
1207 | (h) Purchase, lease-purchase, or lease of driver's |
1208 | education vehicles; motor vehicles used for the maintenance or |
1209 | operation of plants and equipment; security vehicles; or |
1210 | vehicles used in storing or distributing materials and |
1211 | equipment. |
1212 | (i) Purchase of computer software, hardware, and network |
1213 | systems. |
1214 | (j) Purchase of furniture and equipment. |
1215 |
|
1216 | Conversion charter schools may use capital outlay funds received |
1217 | through the reduction in the administrative fee provided in s. |
1218 | 1002.33(21)(20) for renovation, repair, and maintenance of |
1219 | school facilities that are owned by the sponsor. |
1220 | (3) When a charter school is nonrenewed or terminated, any |
1221 | unencumbered funds and all equipment and property purchased with |
1222 | district public funds shall revert to the ownership of the |
1223 | district school board, as provided for in s. 1002.33(9)(8)(e) |
1224 | and (f). In the case of a charter lab school, any unencumbered |
1225 | funds and all equipment and property purchased with university |
1226 | public funds shall revert to the ownership of the state |
1227 | university that issued the charter. The reversion of such |
1228 | equipment, property, and furnishings shall focus on recoverable |
1229 | assets, but not on intangible or irrecoverable costs such as |
1230 | rental or leasing fees, normal maintenance, and limited |
1231 | renovations. The reversion of all property secured with public |
1232 | funds is subject to the complete satisfaction of all lawful |
1233 | liens or encumbrances. If there are additional local issues such |
1234 | as the shared use of facilities or partial ownership of |
1235 | facilities or property, these issues shall be agreed to in the |
1236 | charter contract prior to the expenditure of funds. |
1237 | Section 3. Paragraph (e) of subsection (13) of section |
1238 | 163.3180, Florida Statutes, is amended to read: |
1239 | 163.3180 Concurrency.- |
1240 | (13) School concurrency shall be established on a |
1241 | districtwide basis and shall include all public schools in the |
1242 | district and all portions of the district, whether located in a |
1243 | municipality or an unincorporated area unless exempt from the |
1244 | public school facilities element pursuant to s. 163.3177(12). |
1245 | The application of school concurrency to development shall be |
1246 | based upon the adopted comprehensive plan, as amended. All local |
1247 | governments within a county, except as provided in paragraph |
1248 | (f), shall adopt and transmit to the state land planning agency |
1249 | the necessary plan amendments, along with the interlocal |
1250 | agreement, for a compliance review pursuant to s. 163.3184(7) |
1251 | and (8). The minimum requirements for school concurrency are the |
1252 | following: |
1253 | (e) Availability standard.-Consistent with the public |
1254 | welfare, a local government may not deny an application for site |
1255 | plan, final subdivision approval, or the functional equivalent |
1256 | for a development or phase of a development authorizing |
1257 | residential development for failure to achieve and maintain the |
1258 | level-of-service standard for public school capacity in a local |
1259 | school concurrency management system where adequate school |
1260 | facilities will be in place or under actual construction within |
1261 | 3 years after the issuance of final subdivision or site plan |
1262 | approval, or the functional equivalent. School concurrency is |
1263 | satisfied if the developer executes a legally binding commitment |
1264 | to provide mitigation proportionate to the demand for public |
1265 | school facilities to be created by actual development of the |
1266 | property, including, but not limited to, the options described |
1267 | in subparagraph 1. Options for proportionate-share mitigation of |
1268 | impacts on public school facilities must be established in the |
1269 | public school facilities element and the interlocal agreement |
1270 | pursuant to s. 163.31777. |
1271 | 1. Appropriate mitigation options include the contribution |
1272 | of land; the construction, expansion, or payment for land |
1273 | acquisition or construction of a public school facility; the |
1274 | construction of a charter school that complies with the |
1275 | requirements of s. 1002.33(19)(18); or the creation of |
1276 | mitigation banking based on the construction of a public school |
1277 | facility in exchange for the right to sell capacity credits. |
1278 | Such options must include execution by the applicant and the |
1279 | local government of a development agreement that constitutes a |
1280 | legally binding commitment to pay proportionate-share mitigation |
1281 | for the additional residential units approved by the local |
1282 | government in a development order and actually developed on the |
1283 | property, taking into account residential density allowed on the |
1284 | property prior to the plan amendment that increased the overall |
1285 | residential density. The district school board must be a party |
1286 | to such an agreement. As a condition of its entry into such a |
1287 | development agreement, the local government may require the |
1288 | landowner to agree to continuing renewal of the agreement upon |
1289 | its expiration. |
1290 | 2. If the education facilities plan and the public |
1291 | educational facilities element authorize a contribution of land; |
1292 | the construction, expansion, or payment for land acquisition; |
1293 | the construction or expansion of a public school facility, or a |
1294 | portion thereof; or the construction of a charter school that |
1295 | complies with the requirements of s. 1002.33(19)(18), as |
1296 | proportionate-share mitigation, the local government shall |
1297 | credit such a contribution, construction, expansion, or payment |
1298 | toward any other impact fee or exaction imposed by local |
1299 | ordinance for the same need, on a dollar-for-dollar basis at |
1300 | fair market value. |
1301 | 3. Any proportionate-share mitigation must be directed by |
1302 | the school board toward a school capacity improvement identified |
1303 | in a financially feasible 5-year district work plan that |
1304 | satisfies the demands created by the development in accordance |
1305 | with a binding developer's agreement. |
1306 | 4. If a development is precluded from commencing because |
1307 | there is inadequate classroom capacity to mitigate the impacts |
1308 | of the development, the development may nevertheless commence if |
1309 | there are accelerated facilities in an approved capital |
1310 | improvement element scheduled for construction in year four or |
1311 | later of such plan which, when built, will mitigate the proposed |
1312 | development, or if such accelerated facilities will be in the |
1313 | next annual update of the capital facilities element, the |
1314 | developer enters into a binding, financially guaranteed |
1315 | agreement with the school district to construct an accelerated |
1316 | facility within the first 3 years of an approved capital |
1317 | improvement plan, and the cost of the school facility is equal |
1318 | to or greater than the development's proportionate share. When |
1319 | the completed school facility is conveyed to the school |
1320 | district, the developer shall receive impact fee credits usable |
1321 | within the zone where the facility is constructed or any |
1322 | attendance zone contiguous with or adjacent to the zone where |
1323 | the facility is constructed. |
1324 | 5. This paragraph does not limit the authority of a local |
1325 | government to deny a development permit or its functional |
1326 | equivalent pursuant to its home rule regulatory powers, except |
1327 | as provided in this part. |
1328 | Section 4. Paragraph (c) of subsection (9) of section |
1329 | 1002.32, Florida Statutes, is amended to read: |
1330 | 1002.32 Developmental research (laboratory) schools.- |
1331 | (9) FUNDING.-Funding for a lab school, including a charter |
1332 | lab school, shall be provided as follows: |
1333 | (c) All operating funds provided under this section shall |
1334 | be deposited in a Lab School Trust Fund and shall be expended |
1335 | for the purposes of this section. The university assigned a lab |
1336 | school shall be the fiscal agent for these funds, and all rules |
1337 | of the university governing the budgeting and expenditure of |
1338 | state funds shall apply to these funds unless otherwise provided |
1339 | by law or rule of the State Board of Education. The university |
1340 | board of trustees shall be the public employer of lab school |
1341 | personnel for collective bargaining purposes for lab schools in |
1342 | operation prior to the 2002-2003 fiscal year. Employees of |
1343 | charter lab schools authorized prior to June 1, 2003, but not in |
1344 | operation prior to the 2002-2003 fiscal year shall be employees |
1345 | of the entity holding the charter and must comply with the |
1346 | provisions of s. 1002.33(13)(12). |
1347 | Section 5. Paragraph (c) of subsection (10) and subsection |
1348 | (13) of section 1002.34, Florida Statutes, are amended to read: |
1349 | 1002.34 Charter technical career centers.- |
1350 | (10) EXEMPTION FROM STATUTES.- |
1351 | (c) A center must comply with the antidiscrimination |
1352 | provisions in s. 1000.05 and the provisions in s. |
1353 | 1002.33(25)(24) which relate to the employment of relatives. |
1354 | (13) BOARD OF DIRECTORS AUTHORITY.-The board of directors |
1355 | of a center may decide matters relating to the operation of the |
1356 | school, including budgeting, curriculum, and operating |
1357 | procedures, subject to the center's charter. The board of |
1358 | directors is responsible for performing the duties provided in |
1359 | s. 1002.345, including monitoring the corrective action plan. |
1360 | The board of directors must comply with s. 1002.33(26)(25). |
1361 | Section 6. Paragraphs (a) and (d) of subsection (1), |
1362 | paragraph (b) of subsection (2), and subsection (6) of section |
1363 | 1002.345, Florida Statutes, are amended to read: |
1364 | 1002.345 Determination of deteriorating financial |
1365 | conditions and financial emergencies for charter schools and |
1366 | charter technical career centers.-This section applies to |
1367 | charter schools operating pursuant to s. 1002.33 and to charter |
1368 | technical career centers operating pursuant to s. 1002.34. |
1369 | (1) EXPEDITED REVIEW; REQUIREMENTS.- |
1370 | (a) A charter school or a charter technical career center |
1371 | is subject to an expedited review by the sponsor if one of the |
1372 | following occurs: |
1373 | 1. Failure to provide for an audit required by s. 218.39. |
1374 | 2. Failure to comply with reporting requirements pursuant |
1375 | to s. 1002.33(10)(9) or s. 1002.34(11)(f) or (14). |
1376 | 3. A deteriorating financial condition identified through |
1377 | an annual audit pursuant to s. 218.39(5) or a monthly financial |
1378 | statement pursuant to s. 1002.33(10)(9)(g) or s. 1002.34(11)(f). |
1379 | "Deteriorating financial condition" means a circumstance that |
1380 | significantly impairs the ability of a charter school or a |
1381 | charter technical career center to generate enough revenues to |
1382 | meet its expenditures without causing the occurrence of a |
1383 | condition described in s. 218.503(1). |
1384 | 4. Notification pursuant to s. 218.503(2) that one or more |
1385 | of the conditions specified in s. 218.503(1) have occurred or |
1386 | will occur if action is not taken to assist the charter school |
1387 | or charter technical career center. |
1388 | (d) The governing board shall include the corrective |
1389 | action plan and the status of its implementation in the annual |
1390 | progress report to the sponsor which is required pursuant to s. |
1391 | 1002.33(10)(9)(k) or s. 1002.34(14). |
1392 | (2) FINANCIAL EMERGENCY; REQUIREMENTS.- |
1393 | (b) The governing board shall include the financial |
1394 | recovery plan and the status of its implementation in the annual |
1395 | progress report to the sponsor which is required under s. |
1396 | 1002.33(10)(9)(k) or s. 1002.34(14). |
1397 | (6) FAILURE TO CORRECT DEFICIENCIES.-The sponsor may |
1398 | decide not to renew or may terminate a charter if the charter |
1399 | school or charter technical career center fails to correct the |
1400 | deficiencies noted in the corrective action plan within 1 year |
1401 | after being notified of the deficiencies or exhibits one or more |
1402 | financial emergency conditions specified in s. 218.503 for 2 |
1403 | consecutive years. This subsection does not affect a sponsor's |
1404 | authority to terminate or not renew a charter pursuant to s. |
1405 | 1002.33(9)(8). |
1406 | Section 7. Section 1011.68, Florida Statutes, is amended |
1407 | to read: |
1408 | 1011.68 Funds for student transportation.-The annual |
1409 | allocation to each district for transportation to public school |
1410 | programs, including charter schools as provided in s. |
1411 | 1002.33(18)(17)(b), of students in membership in kindergarten |
1412 | through grade 12 and in migrant and exceptional student programs |
1413 | below kindergarten shall be determined as follows: |
1414 | (1) Subject to the rules of the State Board of Education, |
1415 | each district shall determine the membership of students who are |
1416 | transported: |
1417 | (a) By reason of living 2 miles or more from school. |
1418 | (b) By reason of being students with disabilities or |
1419 | enrolled in a teenage parent program, regardless of distance to |
1420 | school. |
1421 | (c) By reason of being in a state prekindergarten program, |
1422 | regardless of distance from school. |
1423 | (d) By reason of being career, dual enrollment, or |
1424 | students with disabilities transported from one school center to |
1425 | another to participate in an instructional program or service; |
1426 | or students with disabilities, transported from one designation |
1427 | to another in the state, provided one designation is a school |
1428 | center and provided the student's individual educational plan |
1429 | (IEP) identifies the need for the instructional program or |
1430 | service and transportation to be provided by the school |
1431 | district. A "school center" is defined as a public school |
1432 | center, community college, state university, or other facility |
1433 | rented, leased, or owned and operated by the school district or |
1434 | another public agency. A "dual enrollment student" is defined as |
1435 | a public school student in membership in both a public secondary |
1436 | school program and a community college or a state university |
1437 | program under a written agreement to partially fulfill ss. |
1438 | 1003.435 and 1007.23 and earning full-time equivalent membership |
1439 | under s. 1011.62(1)(i). |
1440 | (e) With respect to elementary school students whose grade |
1441 | level does not exceed grade 6, by reason of being subjected to |
1442 | hazardous walking conditions en route to or from school as |
1443 | provided in s. 1006.23. Such rules shall, when appropriate, |
1444 | provide for the determination of membership under this paragraph |
1445 | for less than 1 year to accommodate the needs of students who |
1446 | require transportation only until such hazardous conditions are |
1447 | corrected. |
1448 | (f) By reason of being a pregnant student or student |
1449 | parent, and the child of a student parent as provided in s. |
1450 | 1003.54, regardless of distance from school. |
1451 | (2) The allocation for each district shall be calculated |
1452 | annually in accordance with the following formula: |
1453 | T = B + EX. The elements of this formula are defined as follows: |
1454 | T is the total dollar allocation for transportation. B is the |
1455 | base transportation dollar allocation prorated by an adjusted |
1456 | student membership count. The adjusted membership count shall be |
1457 | derived from a multiplicative index function in which the base |
1458 | student membership is adjusted by multiplying it by index |
1459 | numbers that individually account for the impact of the price |
1460 | level index, average bus occupancy, and the extent of rural |
1461 | population in the district. EX is the base transportation dollar |
1462 | allocation for disabled students prorated by an adjusted |
1463 | disabled student membership count. The base transportation |
1464 | dollar allocation for disabled students is the total state base |
1465 | disabled student membership count weighted for increased costs |
1466 | associated with transporting disabled students and multiplying |
1467 | it by the prior year's average per student cost for |
1468 | transportation. The adjusted disabled student membership count |
1469 | shall be derived from a multiplicative index function in which |
1470 | the weighted base disabled student membership is adjusted by |
1471 | multiplying it by index numbers that individually account for |
1472 | the impact of the price level index, average bus occupancy, and |
1473 | the extent of rural population in the district. Each adjustment |
1474 | factor shall be designed to affect the base allocation by no |
1475 | more or less than 10 percent. |
1476 | (3) The total allocation to each district for |
1477 | transportation of students shall be the sum of the amounts |
1478 | determined in subsection (2). If the funds appropriated for the |
1479 | purpose of implementing this section are not sufficient to pay |
1480 | the base transportation allocation and the base transportation |
1481 | allocation for disabled students, the Department of Education |
1482 | shall prorate the available funds on a percentage basis. If the |
1483 | funds appropriated for the purpose of implementing this section |
1484 | exceed the sum of the base transportation allocation and the |
1485 | base transportation allocation for disabled students, the base |
1486 | transportation allocation for disabled students shall be limited |
1487 | to the amount calculated in subsection (2), and the remaining |
1488 | balance shall be added to the base transportation allocation. |
1489 | (4) No district shall use funds to purchase transportation |
1490 | equipment and supplies at prices which exceed those determined |
1491 | by the department to be the lowest which can be obtained, as |
1492 | prescribed in s. 1006.27(1). |
1493 | (5) Funds allocated or apportioned for the payment of |
1494 | student transportation services may be used to pay for |
1495 | transportation of students to and from school on local general |
1496 | purpose transportation systems. Student transportation funds may |
1497 | also be used to pay for transportation of students to and from |
1498 | school in private passenger cars and boats when the |
1499 | transportation is for isolated students, or students with |
1500 | disabilities as defined by rule. Subject to the rules of the |
1501 | State Board of Education, each school district shall determine |
1502 | and report the number of assigned students using general purpose |
1503 | transportation private passenger cars and boats. The allocation |
1504 | per student must be equal to the allocation per student riding a |
1505 | school bus. |
1506 | (6) Notwithstanding other provisions of this section, in |
1507 | no case shall any student or students be counted for |
1508 | transportation funding more than once per day. This provision |
1509 | includes counting students for funding pursuant to trips in |
1510 | school buses, passenger cars, or boats or general purpose |
1511 | transportation. |
1512 | Section 8. Paragraph (b) of subsection (2) of section |
1513 | 1012.32, Florida Statutes, is amended to read: |
1514 | 1012.32 Qualifications of personnel.- |
1515 | (2) |
1516 | (b) Instructional and noninstructional personnel who are |
1517 | hired or contracted to fill positions in any charter school and |
1518 | members of the governing board of any charter school, in |
1519 | compliance with s. 1002.33(13)(12)(g), must, upon employment, |
1520 | engagement of services, or appointment, undergo background |
1521 | screening as required under s. 1012.465 or s. 1012.56, whichever |
1522 | is applicable, by filing with the district school board for the |
1523 | school district in which the charter school is located a |
1524 | complete set of fingerprints taken by an authorized law |
1525 | enforcement agency or an employee of the school or school |
1526 | district who is trained to take fingerprints. |
1527 |
|
1528 | Fingerprints shall be submitted to the Department of Law |
1529 | Enforcement for statewide criminal and juvenile records checks |
1530 | and to the Federal Bureau of Investigation for federal criminal |
1531 | records checks. A person subject to this subsection who is found |
1532 | ineligible for employment under s. 1012.315, or otherwise found |
1533 | through background screening to have been convicted of any crime |
1534 | involving moral turpitude as defined by rule of the State Board |
1535 | of Education, shall not be employed, engaged to provide |
1536 | services, or serve in any position that requires direct contact |
1537 | with students. Probationary persons subject to this subsection |
1538 | terminated because of their criminal record have the right to |
1539 | appeal such decisions. The cost of the background screening may |
1540 | be borne by the district school board, the charter school, the |
1541 | employee, the contractor, or a person subject to this |
1542 | subsection. |
1543 | Section 9. (1) The Office of Program Policy Analysis and |
1544 | Government Accountability (OPPAGA) shall conduct a study |
1545 | comparing the funding of charter schools with traditional public |
1546 | schools and shall: |
1547 | (a) Identify the school districts that distribute funds |
1548 | generated by the capital improvement millage authorized pursuant |
1549 | to s. 1011.71(2), Florida Statutes, to charter schools and the |
1550 | use of such funds by the charter schools. |
1551 | (b) Determine the amount of funds that would be available |
1552 | to charter schools if school districts equitably distribute to |
1553 | district schools, including charter schools, funds generated by |
1554 | the capital improvement millage authorized pursuant to s. |
1555 | 1011.71(2), Florida Statutes. |
1556 | (c) Examine the costs associated with supervising charter |
1557 | schools and determine if the 5-percent administrative fee for |
1558 | administrative and educational services for charter schools |
1559 | covers the costs associated with the provision of the services. |
1560 | (2) OPPAGA shall make recommendations, if warranted, for |
1561 | improving the accountability and equity of the funding system |
1562 | for charter schools based on the findings of the study. The |
1563 | results of the study shall be provided to the Governor, the |
1564 | President of the Senate, and the Speaker of the House of |
1565 | Representatives no later than January 1, 2011. |
1566 | Section 10. This act shall take effect July 1, 2010. |