Senate Bill 1996
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Florida Senate - 1998 SB 1996
By Senator Grant
13-1205-98 See HB
1 A bill to be entitled
2 An act relating to charter schools; amending s.
3 228.056, F.S.; providing for recognition as
4 public schools; revising requirements relating
5 to proposals; providing for appeal of disputes
6 and requiring mediation services; removing
7 limitations on the number of schools;
8 authorizing charter conversion municipal
9 subdistricts; providing requirements for
10 operation and areas of municipal jurisdiction;
11 revising provisions relating to eligible
12 students; providing for operation by a
13 nonprofit organization; deleting certain
14 restrictions on holding charter contracts;
15 revising provisions relating to charter terms;
16 providing for public employee status; providing
17 requirements relating to employees; revising
18 requirements relating to student
19 transportation; revising administrative fee
20 provisions and requiring certain administrative
21 and educational services; revising provisions
22 relating to charter school use of certain
23 facilities or property; providing for certain
24 purchasing; authorizing charter
25 schools-in-the-workplace; providing
26 requirements and tax exemption; creating s.
27 228.0561, F.S.; providing for the distribution
28 of funds from the Charter Schools Capital
29 Outlay Trust Fund; providing eligibility
30 requirements; providing duties of the
31 Commissioner of Education; authorizing the use
1
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Florida Senate - 1998 SB 1996
13-1205-98 See HB
1 of funds for certain capital outlay purposes of
2 charter schools; requiring a legislative budget
3 request for appropriations from the Charter
4 Schools Capital Outlay Trust Fund; providing
5 effective dates.
6
7 Be It Enacted by the Legislature of the State of Florida:
8
9 Section 1. Subsections (1), (3), (5), (7), and (12),
10 paragraph (f) of subsection (4), paragraphs (a) and (c) of
11 subsection (6), paragraph (h) of subsection (8), paragraphs
12 (a) and (b) of subsection (9), and paragraphs (c), (e), (f),
13 (g), and (h) of subsection (13) of section 228.056, Florida
14 Statutes, as amended by chapter 97-384, Laws of Florida, are
15 amended, and subsection (22) is added to said section, to
16 read:
17 228.056 Charter schools.--
18 (1) AUTHORIZATION.--The creation of charter schools is
19 hereby authorized. Charter schools shall be part of the
20 state's program of public education. All charter schools in
21 Florida are fully recognized as public schools. A charter
22 school may be formed by creating a new school or converting an
23 existing public school to charter status.
24 (3) PROPOSAL.--A proposal for a new charter school may
25 be made by an individual, teachers, parents, a group of
26 individuals, a municipality, or a legal entity organized under
27 the laws of this state. The district school board or the
28 principal, teachers, and/or the school advisory council at an
29 existing public school, including a public
30 school-within-a-school that is designated as a school by the
31 district school board, shall submit any proposal for
2
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Florida Senate - 1998 SB 1996
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1 converting the school to a charter school. An application
2 submitted proposing to convert an existing public school to a
3 charter school shall demonstrate the support of at least 50
4 percent of the teachers employed at the school and 50 percent
5 of the parents voting whose children are enrolled at the
6 school. A private school, parochial school, or home education
7 program shall not be eligible for charter school status.
8 (4) SPONSOR.--A district school board may sponsor a
9 charter school in the county over which the board has
10 jurisdiction.
11 (f) The terms and conditions for the operation of a
12 charter school shall be set forth by the sponsor and the
13 applicant in a written contractual agreement. The sponsor
14 shall not impose unreasonable rules or regulations that
15 violate the intent of giving charter schools greater
16 flexibility to meet educational goals. The applicant and
17 sponsor shall have 6 months in which to mutually agree to the
18 provisions of the contract. With the exception of a charter
19 school application denial, all disputes, subsequent to the
20 approval of a charter application, involving this section may
21 be appealed to an administrative law judge appointed by the
22 Division of Administrative Hearings. The administrative law
23 judge may rule on issues of equitable treatment of the charter
24 school as a public school, on whether proposed provisions of
25 the contract violate the intended flexibility granted charter
26 schools by statute, or on any other matter regarding this
27 section. The Department of Education shall provide mediation
28 services prior to the appeal for a hearing, upon request of
29 either party. If, after 6 months, the contract is still
30 pending, the application is deemed denied.
31 (5) NUMBER OF SCHOOLS.--
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Florida Senate - 1998 SB 1996
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1 (a) The number of newly created charter schools or
2 existing public schools which may convert to charter schools
3 is unlimited. limited to no more than seven in each school
4 district that has 100,000 or more students, no more than five
5 charter schools in each school district that has 50,000 to
6 99,999 students, and no more than three charter schools in
7 each school district that has fewer than 50,000 students. The
8 number of newly created charter schools shall be limited to no
9 more than seven charter schools in each school district that
10 has 100,000 or more students, no more than five charter
11 schools in each school district that has 50,000 to 99,999
12 students, and no more than three charter schools in each
13 school district that has fewer than 50,000 students.
14 Notwithstanding any limitation in this section on the number
15 of charter schools authorized for a district, any school board
16 shall have the right to request an increase in the number of
17 charter schools located within its district from the State
18 Board of Education.
19 (b) Upon majority vote of the eligible voters voting
20 and compliance with subsection (3), a municipality or
21 municipalities may present to the district school board a
22 school or group of schools to be operated by a municipally
23 appointed charter school board. Unincorporated areas adjacent
24 to incorporated municipalities may be included in the area of
25 municipal jurisdiction for the purposes of this paragraph if
26 the governing bodies of the municipality or municipalities and
27 the county in which the area is located agree on the
28 boundaries of such additional areas. Upon receipt of a request
29 for a charter municipal subdistrict in accordance with this
30 paragraph, the district school board shall expeditiously
31 authorize the requested charter.
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Florida Senate - 1998 SB 1996
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1 (6) ELIGIBLE STUDENTS.--
2 (a) A charter school shall be open to any student
3 covered in an interdistrict agreement or residing in the
4 school district in which the charter school is located. When a
5 public school converts to charter status, enrollment
6 preference shall be given to students who would have otherwise
7 attended that public school. A charter school may give
8 enrollment preference to a sibling of a student enrolled in
9 the charter school or to the child of an employee of the
10 charter school.
11 (c) A charter school may limit the enrollment process
12 only to target the following student populations:
13 1. Students within specific age groups or grade
14 levels.
15 2. Students considered at risk of dropping out of
16 school or academic failure. Such students shall include
17 exceptional education students.
18 3. Students enrolling in a charter
19 school-in-the-workplace established pursuant to subsection
20 (22).
21 4. Students residing within a reasonable distance of
22 the charter school, as described in paragraph (13)(c). Such
23 students shall be subject to a random lottery and to the
24 racial/ethnic balance provisions described in subparagraph
25 (9)(a)8. which require a school to achieve a racial/ethnic
26 balance reflective of the community it serves or within the
27 racial/ethnic range of other public schools in the same
28 district.
29 (7) LEGAL ENTITY.--A charter school shall organize as,
30 or be operated by, a nonprofit organization. As such, the
31 charter school may be either a private or a public employer.
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Florida Senate - 1998 SB 1996
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1 As a public employer, a charter school may participate in the
2 Florida Retirement System upon application and approval as a
3 "covered group" under s. 121.021(34). If a charter school
4 participates in the Florida Retirement System, the charter
5 school employees shall be compulsory members of the Florida
6 Retirement System. As either a private or a public employer, a
7 charter school may contract for services with an individual or
8 group of individuals who are organized as a partnership or a
9 cooperative. Individuals or groups of individuals who contract
10 their services to the charter school are not public employees.
11 (8) REQUIREMENTS.--
12 (h) No organization shall hold more than one
13 elementary, one middle, and one high school charter contract
14 in a school district and no more than 15 charters statewide.
15 (9) CHARTER.--The major issues involving the operation
16 of a charter school shall be considered in advance and written
17 into the charter. The charter shall be signed by the governing
18 body of the charter school and the sponsor, following a public
19 hearing to ensure community input.
20 (a) The charter shall address, and criteria for
21 approval of the charter shall be based on:
22 1. The school's mission, the students to be served,
23 and the ages and grades to be included.
24 2. The focus of the curriculum, the instructional
25 methods to be used, and any distinctive instructional
26 techniques to be employed.
27 3. The current baseline standard of achievement and
28 the outcomes to be achieved and the method of measurement that
29 will be used.
30 4. The methods used to identify the educational
31 strengths and needs of students and how well educational goals
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Florida Senate - 1998 SB 1996
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1 and performance standards are met by students attending the
2 charter school. Students in charter schools shall, at a
3 minimum, participate in the statewide assessment program.
4 5. In secondary charter schools, a method for
5 determining that a student has satisfied the requirements for
6 graduation in s. 232.246.
7 6. A method for resolving conflicts between the
8 governing body of the charter school and the sponsor.
9 7. The admissions procedures and dismissal procedures,
10 including the school's code of student conduct.
11 8. The ways by which the school will achieve a
12 racial/ethnic balance reflective of the community it serves or
13 within the racial/ethnic range of other public schools in the
14 same school district.
15 9. The financial and administrative management of the
16 school.
17 10. The manner in which the school will be insured,
18 including whether or not the school will be required to have
19 liability insurance, and, if so, the terms and conditions
20 thereof and the amounts of coverage.
21 11. The term of the charter, not to exceed 3 years,
22 which shall provide for cancellation of the charter if
23 insufficient progress has been made in attaining the student
24 achievement objectives of the charter and if it is not likely
25 that such objectives can be achieved before expiration of the
26 charter. The initial term of a charter shall be for 3, 4, or 5
27 years.
28 12. The facilities to be used and their location.
29 13. The qualifications to be required of the teachers.
30
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Florida Senate - 1998 SB 1996
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1 14. The governance structure of the school, including
2 the status of the charter school as a public or private
3 employer as required in subsection (7).
4 15. A timetable for implementing the charter which
5 addresses the implementation of each element thereof and the
6 date by which the charter shall be awarded in order to meet
7 this timetable.
8 16. In the case of an existing public school being
9 converted to charter status, alternative arrangements for
10 current students who choose not to attend the charter school
11 and for current teachers who choose not to teach in the
12 charter school after conversion in accordance with the
13 existing collective bargaining agreement or school board
14 policy in the absence of a collective bargaining agreement.
15 (b) A charter may be renewed every 5 in increments of
16 1, 2, or 3 school years by a mutual agreement of the parties.
17 (12) EMPLOYEES OF CHARTER SCHOOLS.--
18 (a) A charter school shall select its own employees. A
19 charter school may contract with its sponsor for the services
20 of personnel employed by the sponsor.
21 (b) Charter school employees shall have the option to
22 bargain collectively. Employees may collectively bargain as a
23 separate unit or as part of the existing district collective
24 bargaining unit as determined by the structure of the charter
25 school.
26 (c) The employees of a conversion charter school shall
27 remain public employees for all purposes, unless such
28 employees choose not to do so.
29 (d)(c) The teachers at a charter school may choose to
30 be part of a professional group that subcontracts with the
31 charter school to operate the instructional program under the
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Florida Senate - 1998 SB 1996
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1 auspices of a partnership or cooperative that they
2 collectively own. Under this arrangement, the teachers would
3 not be public employees.
4 (e)(d) Employees of a school district may take leave
5 to accept employment in a charter school upon the approval of
6 the district school board. While employed by the charter
7 school and on leave that is approved by the school board, the
8 employee may retain seniority accrued in that school district
9 and may continue to be covered by the benefit programs of that
10 school district, if the charter school and the district school
11 board agree to this arrangement and its financing. School
12 districts shall not require resignations of teachers desiring
13 to teach in a charter school. This paragraph shall not
14 prohibit a school board from approving alternative leave
15 arrangements consistent with chapter 231.
16 (f)(e) Teachers employed by or under contract to a
17 charter school shall be certified as required by chapter 231.
18 A charter school may employ or contract with skilled selected
19 noncertified personnel to provide instructional services or to
20 assist instructional staff members as teacher aides in the
21 same manner as defined in chapter 231. A charter school may
22 not employ an individual to provide instructional services or
23 to serve as a teacher aide if the individual's certification
24 or licensure as an educator is suspended or revoked by this or
25 any other state. The qualifications of teachers shall be
26 disclosed to parents.
27 (g)(f) A charter school shall employ or contract with
28 employees who have been fingerprinted as provided in s.
29 231.02.
30 (13) REVENUE.--Students enrolled in a charter school,
31 regardless of the sponsorship, shall be funded as if they are
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Florida Senate - 1998 SB 1996
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1 in a basic program or a special program, the same as students
2 enrolled in other public schools in the school district.
3 Funding for a chartered developmental research school shall be
4 as provided in s. 228.053(9).
5 (c) Transportation of charter school students shall be
6 provided by the charter school consistent with the
7 requirements of chapter 234. The governing body of the charter
8 school may provide transportation through an agreement or
9 contract with the district school board, a private provider,
10 or parents. The charter school and the sponsor shall cooperate
11 in making arrangements that ensure that transportation is not
12 a barrier to equal access for all students residing within a
13 reasonable distance of the charter school as determined in its
14 charter.
15 (e) Any administrative fee charged by the school
16 district relating to a charter school shall be limited to no
17 more than the actual cost of administering the contract
18 between the charter school and the school district or 5
19 percent of the available funds as defined in paragraph (b),
20 whichever is the lesser amount. The sponsor shall provide
21 certain administrative and educational services to charter
22 schools at no additional fee. These services shall include
23 contract management services, FTE and data reporting,
24 exceptional student education administration, test
25 administration, processing of teacher certificate data, and
26 information services.
27 (f) School boards shall make every effort to ensure
28 that charter schools receive timely and efficient
29 reimbursement, including processing paperwork required to
30 access special state and federal funding for which they may be
31 eligible. The district school board may distribute funds to a
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Florida Senate - 1998 SB 1996
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1 charter school for up to 3 months based on the projected
2 full-time equivalent student membership of the charter school.
3 Thereafter, the results of full-time equivalent student
4 membership surveys must be used in adjusting the amount of
5 funds distributed monthly to the charter school for the
6 remainder of the fiscal year. The payment shall be issued no
7 later than 10 working days after the district school board
8 receives a distribution of state or federal funds. If a
9 warrant for payment is not issued within 30 working days after
10 receipt of funding by the district school board, the school
11 district shall pay to the charter school, in addition to the
12 amount of the scheduled disbursement, interest at a rate of 1
13 percent per month calculated on a daily basis on the unpaid
14 balance from the expiration of the 30-day period until such
15 time as the warrant is issued.
16 (g) If a district school board facility or property is
17 available because it is surplus, marked for disposal, or
18 otherwise unused, it shall may be provided for a charter
19 school's use on the same basis as it is made available to
20 other public schools in the district. A charter school
21 receiving property from the school district may not sell or
22 dispose of such property without written permission of the
23 school district. Similarly, for an existing public school
24 converting to charter status, no rental or leasing fee for the
25 existing facility or for the property normally inventoried to
26 the conversion school may be charged by the district school
27 board to the parents and teachers organizing the charter
28 school. The charter organizers shall agree to reasonable
29 maintenance provisions in order to maintain the facility in a
30 manner similar to district school board standards.
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1 (h) If other goods and services are made available to
2 the charter school through the contract with the school
3 district, they shall be provided to the charter school at a
4 rate no greater than the district's actual cost. To maximize
5 the use of state funds, school districts shall allow charter
6 schools to participate in the sponsor's bulk purchasing
7 program if applicable.
8 (22) CHARTER SCHOOLS-IN-THE-WORKPLACE.--
9 (a) In order to increase business partnerships in
10 education, to reduce school and classroom overcrowding
11 throughout the state, and to offset the high costs for
12 educational facilities construction, the Legislature intends
13 to encourage the formation of business partnership schools or
14 satellite learning centers through charter school status.
15 (b) A charter school-in-the-workplace may be
16 established when a business partner provides the school
17 facility to be used; enrolls students based upon a random
18 lottery which involves all of the children of employees of
19 that business or corporation who are seeking enrollment, as
20 provided for in subsection (6); and enrolls students according
21 to the racial/ethnic balance provisions described in
22 subparagraph (9)(a)8. Any facility or portion of a facility
23 used for a public charter school shall be exempt from ad
24 valorem taxes, as provided for in s. 235.198, for the duration
25 of its use as a public school.
26 Section 2. Section 228.0561, Florida Statutes, is
27 created to read:
28 228.0561 Charter schools capital outlay funding.--
29 (1) In each year in which funds are appropriated from
30 the Charter Schools Capital Outlay Trust Fund, the
31 Commissioner of Education shall allocate the funds among
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Florida Senate - 1998 SB 1996
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1 eligible charter schools. To be eligible for a funding
2 allocation, a charter school must be approved pursuant to s.
3 228.056 for operation during that fiscal year and must serve
4 students in facilities that are not provided by the charter
5 school's sponsor. A charter school is not eligible for a
6 funding allocation if it was created by the conversion of a
7 public school and operates in facilities provided by the
8 charter school's sponsor for a nominal fee or at no charge.
9 Unless otherwise provided in the General Appropriations Act,
10 the funding allocation for each eligible charter school shall
11 be determined by multiplying the school's projected student
12 enrollment by one-thirtieth of the cost-per-student station
13 specified in s. 235.435(6)(b) for an elementary, middle, or
14 high school, as appropriate. If the funds appropriated are
15 not sufficient, the commissioner shall prorate the available
16 funds among eligible charter schools. In the first quarter of
17 the fiscal year, funds shall be distributed on the basis of
18 projected enrollment as provided in this section. The
19 commissioner shall adjust subsequent distributions as
20 necessary to reflect each charter school's actual student
21 enrollment. The commissioner shall establish the intervals
22 and procedures for determining the projected and actual
23 student enrollment of eligible charter schools. If a school
24 district receives a School Infrastructure Thrift (SIT) Program
25 award pursuant to ss. 235.2155(3)(a)2. and 235.216(2)(b) and
26 chooses to share any portion of its award with the applicable
27 charter school or charter schools, any allocation from the
28 Charter Schools Capital Outlay Trust Fund to the charter
29 school or charter schools shall be reduced by the amount
30 shared.
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Florida Senate - 1998 SB 1996
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1 (2) A charter school's governing body may use funds
2 from the Charter Schools Capital Outlay Trust Fund for any
3 capital outlay purpose that is directly related to the
4 functioning of the charter school, including the:
5 (a) Purchase of real property.
6 (b) Construction, renovation, repair, and maintenance
7 of school facilities.
8 (c) Purchase, lease-purchase, or lease of permanent or
9 relocatable school facilities.
10 (d) Purchase of vehicles to transport students to and
11 from the charter school.
12 (3) The Commissioner of Education shall specify
13 procedures for submitting and approving requests for funding
14 under this section and procedures for documenting
15 expenditures.
16 (4) The annual legislative budget request of the
17 Department of Education shall include a request for funding
18 from the Charter Schools Capital Outlay Trust Fund. The
19 request shall be based on the projected number of students to
20 be served in charter schools who meet the eligibility
21 requirements of this section.
22 Section 3. This act shall take effect upon becoming a
23 law, except that section 228.0561, Florida Statutes, as
24 created by this act, shall take effect July 1, 1998, only if
25 Senate Bill 1184 or similar legislation creating a Charter
26 Schools Capital Outlay Trust Fund is adopted in the same
27 legislative session or an extension thereof.
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Florida Senate - 1998 SB 1996
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1 *****************************************
2 HOUSE SUMMARY
3
Revises provisions relating to charter schools as
4 follows: provides for recognition as public schools;
revises requirements relating to proposals; provides for
5 appeal of disputes and requires mediation services;
removes limitations on the number of schools; authorizes
6 charter conversion municipal subdistricts; revises
provisions relating to eligible students; provides for
7 operation by a nonprofit organization; deletes certain
restrictions on holding charter contracts; revises
8 charter terms; provides that employees of conversion
charter schools shall remain public employees; provides
9 requirements relating to employees; revises requirements
relating to student transportation; revises
10 administrative fee provisions and requires certain
administrative and educational services; revises
11 provisions relating to charter school use of certain
facilities or property; provides for certain purchasing;
12 and authorizes charter schools-in-the-workplace and
provides requirements and tax exemption.
13
14 Provides for the distribution of moneys from the Charter
Schools Capital Outlay Trust Fund to qualifying charter
15 schools, contingent upon the creation of that fund.
Prescribes duties of the Commissioner of Education with
16 respect to determining eligibility for and distribution
of the moneys. Prescribes uses to which the moneys may
17 be put.
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