Senate Bill 1996c2

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    Florida Senate - 1998   CS for CS for SB 1996 & CS for SB 1182

    By the Committees on Ways and Means, Education and Senators
    Grant, Latvala and Scott




    301-1888B-98

  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; revising

  7         limitations on the number of schools; revising

  8         provisions relating to eligible students;

  9         providing for operation by a nonprofit

10         organization; deleting certain restrictions on

11         holding charter contracts; revising provisions

12         relating to charter terms; providing for public

13         employee status; providing requirements

14         relating to employees; revising requirements

15         relating to student transportation; revising

16         administrative fee provisions and requiring

17         certain administrative and educational

18         services; revising provisions relating to

19         charter school use of certain facilities or

20         property; providing for certain purchasing;

21         authorizing charter schools-in-the-workplace;

22         providing requirements and tax exemption;

23         creating s. 228.0561, F.S.; providing for the

24         distribution of funds from the Charter Schools

25         Capital Outlay Trust Fund; providing

26         eligibility requirements; providing for the

27         recovery of funds; providing duties of the

28         Commissioner of Education; authorizing the use

29         of funds for certain capital outlay purposes of

30         charter schools; requiring a legislative budget

31         request for appropriations from the Charter

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  1         Schools Capital Outlay Trust Fund; providing

  2         effective dates.

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  Subsections (1), (3), (5), (7), and (12),

  7  paragraph (f) of subsection (4), paragraphs (a) and (c) of

  8  subsection (6), paragraph (h) of subsection (8), paragraphs

  9  (a) and (b) of subsection (9), and paragraphs (c), (e), (f),

10  (g), and (h) of subsection (13) of section 228.056, Florida

11  Statutes, as amended by chapter 97-384, Laws of Florida, are

12  amended, and subsection (22) is added to said section, to

13  read:

14         228.056  Charter schools.--

15         (1)  AUTHORIZATION.--The creation of charter schools is

16  hereby authorized.  Charter schools shall be part of the

17  state's program of public education. All charter schools in

18  Florida are fully recognized as public schools. A charter

19  school may be formed by creating a new school or converting an

20  existing public school to charter status.

21         (3)  PROPOSAL.--A proposal for a new charter school may

22  be made by an individual, teachers, parents, a group of

23  individuals, a municipality, or a legal entity organized under

24  the laws of this state. The district school board or the

25  principal, teachers, and/or the school advisory council at an

26  existing public school, including a public

27  school-within-a-school that is designated as a school by the

28  district school board, shall submit any proposal for

29  converting the school to a charter school. An application

30  submitted proposing to convert an existing public school to a

31  charter school shall demonstrate the support of at least 50

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  1  percent of the teachers employed at the school and 50 percent

  2  of the parents voting whose children are enrolled at the

  3  school. A private school, parochial school, or home education

  4  program shall not be eligible for charter school status.

  5         (4)  SPONSOR.--A district school board may sponsor a

  6  charter school in the county over which the board has

  7  jurisdiction.

  8         (f)  The terms and conditions for the operation of a

  9  charter school shall be set forth by the sponsor and the

10  applicant in a written contractual agreement. The sponsor

11  shall not impose unreasonable rules or regulations that

12  violate the intent of giving charter schools greater

13  flexibility to meet educational goals. The applicant and

14  sponsor shall have 6 months in which to mutually agree to the

15  provisions of the contract. With the exception of a charter

16  school application denial, all disputes, subsequent to the

17  approval of a charter application, involving this section may

18  be appealed to an administrative law judge appointed by the

19  Division of Administrative Hearings. The administrative law

20  judge may rule on issues of equitable treatment of the charter

21  school as a public school, on whether proposed provisions of

22  the contract violate the intended flexibility granted charter

23  schools by statute, or on any other matter regarding this

24  section. The Department of Education shall provide mediation

25  services prior to the appeal for a hearing, upon request of

26  either party. If, after 6 months, the contract is still

27  pending, the application is deemed denied.

28         (5)  NUMBER OF SCHOOLS.--The number of newly created

29  charter schools or existing public schools which may convert

30  to charter schools is limited to no more than 28 in each

31  school district that has 100,000 or more students, no more

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  1  than 20 in each school district that has 50,000 to 99,999

  2  students, and no more than 12 in each school district with

  3  fewer than 50,000 students. limited to no more than seven in

  4  each school district that has 100,000 or more students, no

  5  more than five charter schools in each school district that

  6  has 50,000 to 99,999 students, and no more than three charter

  7  schools in each school district that has fewer than 50,000

  8  students.  The number of newly created charter schools shall

  9  be limited to no more than seven charter schools in each

10  school district that has 100,000 or more students, no more

11  than five charter schools in each school district that has

12  50,000 to 99,999 students, and no more than three charter

13  schools in each school district that has fewer than 50,000

14  students.  Notwithstanding any limitation in this section on

15  the number of charter schools authorized for a district, any

16  school board shall have the right to request an increase in

17  the number of charter schools located within its district from

18  the State Board of Education.

19         (6)  ELIGIBLE STUDENTS.--

20         (a)  A charter school shall be open to any student

21  covered in an interdistrict agreement or residing in the

22  school district in which the charter school is located. When a

23  public school converts to charter status, enrollment

24  preference shall be given to students who would have otherwise

25  attended that public school. A charter school may give

26  enrollment preference to a sibling of a student enrolled in

27  the charter school or to the child of an employee of the

28  charter school.

29         (c)  A charter school may limit the enrollment process

30  only to target the following student populations:

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  1         1.  Students within specific age groups or grade

  2  levels.

  3         2.  Students considered at risk of dropping out of

  4  school or academic failure. Such students shall include

  5  exceptional education students.

  6         3.  Students enrolling in a charter

  7  school-in-the-workplace established pursuant to subsection

  8  (22).

  9         4.  Students residing within a reasonable distance of

10  the charter school, as described in paragraph (13)(c). Such

11  students shall be subject to a random lottery and to the

12  racial/ethnic balance provisions described in subparagraph

13  (9)(a)8. or any federal provisions which require a school to

14  achieve a racial/ethnic balance reflective of the community it

15  serves or within the racial/ethnic range of other public

16  schools in the same school district.

17         (7)  LEGAL ENTITY.--A charter school shall organize as,

18  or be operated by, a nonprofit organization. As such, the

19  charter school may be either a private or a public employer.

20  As a public employer, a charter school may participate in the

21  Florida Retirement System upon application and approval as a

22  "covered group" under s. 121.021(34). If a charter school

23  participates in the Florida Retirement System, the charter

24  school employees shall be compulsory members of the Florida

25  Retirement System. As either a private or a public employer, a

26  charter school may contract for services with an individual or

27  group of individuals who are organized as a partnership or a

28  cooperative. Individuals or groups of individuals who contract

29  their services to the charter school are not public employees.

30         (8)  REQUIREMENTS.--

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  1         (h)  No organization shall hold more than one

  2  elementary, one middle, and one high school charter contract

  3  in a school district and no more than 15 charters statewide.

  4         (9)  CHARTER.--The major issues involving the operation

  5  of a charter school shall be considered in advance and written

  6  into the charter. The charter shall be signed by the governing

  7  body of the charter school and the sponsor, following a public

  8  hearing to ensure community input.

  9         (a)  The charter shall address, and criteria for

10  approval of the charter shall be based on:

11         1.  The school's mission, the students to be served,

12  and the ages and grades to be included.

13         2.  The focus of the curriculum, the instructional

14  methods to be used, and any distinctive instructional

15  techniques to be employed.

16         3.  The current baseline standard of achievement and

17  the outcomes to be achieved and the method of measurement that

18  will be used.

19         4.  The methods used to identify the educational

20  strengths and needs of students and how well educational goals

21  and performance standards are met by students attending the

22  charter school. Students in charter schools shall, at a

23  minimum, participate in the statewide assessment program.

24         5.  In secondary charter schools, a method for

25  determining that a student has satisfied the requirements for

26  graduation in s. 232.246.

27         6.  A method for resolving conflicts between the

28  governing body of the charter school and the sponsor.

29         7.  The admissions procedures and dismissal procedures,

30  including the school's code of student conduct.

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  1         8.  The ways by which the school will achieve a

  2  racial/ethnic balance reflective of the community it serves or

  3  within the racial/ethnic range of other public schools in the

  4  same school district.

  5         9.  The financial and administrative management of the

  6  school.

  7         10.  The manner in which the school will be insured,

  8  including whether or not the school will be required to have

  9  liability insurance, and, if so, the terms and conditions

10  thereof and the amounts of coverage.

11         11.  The term of the charter, not to exceed 3 years,

12  which shall provide for cancellation of the charter if

13  insufficient progress has been made in attaining the student

14  achievement objectives of the charter and if it is not likely

15  that such objectives can be achieved before expiration of the

16  charter. The initial term of a charter shall be for 3, 4, or 5

17  years.

18         12.  The facilities to be used and their location.

19         13.  The qualifications to be required of the teachers.

20         14.  The governance structure of the school, including

21  the status of the charter school as a public or private

22  employer as required in subsection (7).

23         15.  A timetable for implementing the charter which

24  addresses the implementation of each element thereof and the

25  date by which the charter shall be awarded in order to meet

26  this timetable.

27         16.  In the case of an existing public school being

28  converted to charter status, alternative arrangements for

29  current students who choose not to attend the charter school

30  and for current teachers who choose not to teach in the

31  charter school after conversion in accordance with the

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  1  existing collective bargaining agreement or school board

  2  policy in the absence of a collective bargaining agreement.

  3         (b)  A charter may be renewed every 5 in increments of

  4  1, 2, or 3 school years, provided that a program review

  5  demonstrates that the criteria in paragraph (a) have been

  6  successfully accomplished by a mutual agreement of the

  7  parties.

  8         (12)  EMPLOYEES OF CHARTER SCHOOLS.--

  9         (a)  A charter school shall select its own employees. A

10  charter school may contract with its sponsor for the services

11  of personnel employed by the sponsor.

12         (b)  Charter school employees shall have the option to

13  bargain collectively.  Employees may collectively bargain as a

14  separate unit or as part of the existing district collective

15  bargaining unit as determined by the structure of the charter

16  school.

17         (c)  The employees of a conversion charter school shall

18  remain public employees for all purposes, unless such

19  employees choose not to do so.

20         (d)(c)  The teachers at a charter school may choose to

21  be part of a professional group that subcontracts with the

22  charter school to operate the instructional program under the

23  auspices of a partnership or cooperative that they

24  collectively own. Under this arrangement, the teachers would

25  not be public employees.

26         (e)(d)  Employees of a school district may take leave

27  to accept employment in a charter school upon the approval of

28  the district school board. While employed by the charter

29  school and on leave that is approved by the school board, the

30  employee may retain seniority accrued in that school district

31  and may continue to be covered by the benefit programs of that

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    Florida Senate - 1998   CS for CS for SB 1996 & CS for SB 1182
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  1  school district, if the charter school and the district school

  2  board agree to this arrangement and its financing. School

  3  districts shall not require resignations of teachers desiring

  4  to teach in a charter school. This paragraph shall not

  5  prohibit a school board from approving alternative leave

  6  arrangements consistent with chapter 231.

  7         (f)(e)  Teachers employed by or under contract to a

  8  charter school shall be certified as required by chapter 231.

  9  A charter school may employ or contract with skilled selected

10  noncertified personnel to provide instructional services or to

11  assist instructional staff members as teacher aides in the

12  same manner as defined in chapter 231. A charter school may

13  not employ an individual to provide instructional services or

14  to serve as a teacher aide if the individual's certification

15  or licensure as an educator is suspended or revoked by this or

16  any other state. The qualifications of teachers shall be

17  disclosed to parents.

18         (g)(f)  A charter school shall employ or contract with

19  employees who have been fingerprinted as provided in s.

20  231.02.

21         (13)  REVENUE.--Students enrolled in a charter school,

22  regardless of the sponsorship, shall be funded as if they are

23  in a basic program or a special program, the same as students

24  enrolled in other public schools in the school district.

25  Funding for a chartered developmental research school shall be

26  as provided in s. 228.053(9).

27         (c)  Transportation of charter school students shall be

28  provided by the charter school consistent with the

29  requirements of chapter 234. The governing body of the charter

30  school may provide transportation through an agreement or

31  contract with the district school board, a private provider,

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  1  or parents. The charter school and the sponsor shall cooperate

  2  in making arrangements that ensure that transportation is not

  3  a barrier to equal access for all students residing within a

  4  reasonable distance of the charter school as determined in its

  5  charter.

  6         (e)  Any administrative fee charged by the school

  7  district relating to a charter school shall be limited to no

  8  more than the actual cost of administering the contract

  9  between the charter school and the school district or 5

10  percent of the available funds as defined in paragraph (b),

11  whichever is the lesser amount. The sponsor shall provide

12  certain administrative and educational services to charter

13  schools at no additional fee. These services shall include

14  contract management services, FTE and data reporting,

15  exceptional student education administration, test

16  administration, processing of teacher certificate data, and

17  information services.

18         (f)  School boards shall make every effort to ensure

19  that charter schools receive timely and efficient

20  reimbursement, including processing paperwork required to

21  access special state and federal funding for which they may be

22  eligible. The district school board may distribute funds to a

23  charter school for up to 3 months based on the projected

24  full-time equivalent student membership of the charter school.

25  Thereafter, the results of full-time equivalent student

26  membership surveys must be used in adjusting the amount of

27  funds distributed monthly to the charter school for the

28  remainder of the fiscal year. The payment shall be issued no

29  later than 10 working days after the district school board

30  receives a distribution of state or federal funds. If a

31  warrant for payment is not issued within 30 working days after

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  1  receipt of funding by the district school board, the school

  2  district shall pay to the charter school, in addition to the

  3  amount of the scheduled disbursement, interest at a rate of 1

  4  percent per month calculated on a daily basis on the unpaid

  5  balance from the expiration of the 30-day period until such

  6  time as the warrant is issued.

  7         (g)  If a district school board facility or property is

  8  available because it is surplus, marked for disposal, or

  9  otherwise unused, it shall may be provided for a charter

10  school's use on the same basis as it is made available to

11  other public schools in the district.  A charter school

12  receiving property from the school district may not sell or

13  dispose of such property without written permission of the

14  school district.  Similarly, for an existing public school

15  converting to charter status, no rental or leasing fee for the

16  existing facility or for the property normally inventoried to

17  the conversion school may be charged by the district school

18  board to the parents and teachers organizing the charter

19  school.  The charter organizers shall agree to reasonable

20  maintenance provisions in order to maintain the facility in a

21  manner similar to district school board standards.

22         (h)  If other goods and services are made available to

23  the charter school through the contract with the school

24  district, they shall be provided to the charter school at a

25  rate no greater than the district's actual cost. To maximize

26  the use of state funds, school districts shall allow charter

27  schools to participate in the sponsor's bulk purchasing

28  program if applicable.

29         (22)  CHARTER SCHOOLS-IN-THE-WORKPLACE.--

30         (a)  In order to increase business partnerships in

31  education, to reduce school and classroom overcrowding

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  1  throughout the state, and to offset the high costs for

  2  educational facilities construction, the Legislature intends

  3  to encourage the formation of business partnership schools or

  4  satellite learning centers through charter school status.

  5         (b)  A charter school-in-the-workplace may be

  6  established when a business partner provides the school

  7  facility to be used; enrolls students based upon a random

  8  lottery which involves all of the children of employees of

  9  that business or corporation who are seeking enrollment, as

10  provided for in subsection (6); and enrolls students according

11  to the racial/ethnic balance provisions described in

12  subparagraph (9)(a)8. Any portion of a facility used for a

13  public charter school shall be exempt from ad valorem taxes,

14  as provided for in s. 235.198, for the duration of its use as

15  a public school.

16         Section 2.  Section 228.0561, Florida Statutes, is

17  created to read:

18         228.0561  Charter schools capital outlay funding.--

19         (1)  In each year in which funds are appropriated from

20  the Charter Schools Capital Outlay Trust Fund, the

21  Commissioner of Education shall allocate the funds among

22  eligible charter schools.  To be eligible for a funding

23  allocation, a charter school must have received final approval

24  from its sponsor pursuant to s. 228.056 for operation during

25  that fiscal year and must serve students in facilities that

26  are not provided by the charter school's sponsor.  The

27  contract between a charter school and its sponsor must contain

28  a lien provision to permit the sponsor's recovery, in the

29  event the school terminates operations, of funds received

30  pursuant to this section that were used to renovate, repair,

31  or remodel the school's facilities. A charter school is not

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  1  eligible for a funding allocation if it was created by the

  2  conversion of a public school and operates in facilities

  3  provided by the charter school's sponsor for a nominal fee or

  4  at no charge. Unless otherwise provided in the General

  5  Appropriations Act, the funding allocation for each eligible

  6  charter school shall be determined by multiplying the school's

  7  projected student enrollment by one-thirtieth of the

  8  cost-per-student station specified in s. 235.435(6)(b) for an

  9  elementary, middle, or high school, as appropriate.  If the

10  funds appropriated are not sufficient, the commissioner shall

11  prorate the available funds among eligible charter schools.

12  In the first quarter of the fiscal year, funds shall be

13  distributed on the basis of projected enrollment as provided

14  in this section.  The commissioner shall adjust subsequent

15  distributions as necessary to reflect each charter school's

16  actual student enrollment.  The commissioner shall establish

17  the intervals and procedures for determining the projected and

18  actual student enrollment of eligible charter schools.

19         (2)  A charter school's governing body may use funds

20  from the Charter Schools Capital Outlay Trust Fund for any

21  capital outlay purpose that is directly related to the

22  functioning of the charter school, including the:

23         (a)  Purchase of real property.

24         (b)  Construction, renovation, repair, and maintenance

25  of school facilities.

26         (c)  Purchase, lease-purchase, or lease of permanent or

27  relocatable school facilities.

28         (d)  Purchase of vehicles to transport students to and

29  from the charter school.

30         (3)  When a charter school is nonrenewed or terminated,

31  any unencumbered funds and all equipment and property

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  1  purchased with public funds shall revert to the ownership of

  2  the district school board, as provided for in s.

  3  228.056(10)(e) and (f). The reversion of such equipment,

  4  property, and furnishings shall focus on recoverable assets,

  5  but not on intangible or irrecoverable costs such as rental or

  6  leasing fees, normal maintenance, and limited renovations. If

  7  there are additional local issues such as the shared use of

  8  facilities or partial ownership of facilities or property,

  9  these issues shall be agreed to in the charter contract prior

10  to the expenditure of funds.

11         (4)  The Commissioner of Education shall specify

12  procedures for submitting and approving requests for funding

13  under this section and procedures for documenting

14  expenditures.

15         (5)  The annual legislative budget request of the

16  Department of Education shall include a request for funding

17  from the Charter Schools Capital Outlay Trust Fund.  The

18  request shall be based on the projected number of students to

19  be served in charter schools who meet the eligibility

20  requirements of this section.

21         Section 3.  This act shall take effect upon becoming a

22  law, except that section 228.0561, Florida Statutes, as

23  created by this act, shall take effect July 1, 1998, only if

24  Committee Substitute for Senate Bill 1184 or similar

25  legislation creating a Charter Schools Capital Outlay Trust

26  Fund is adopted in the same legislative session or an

27  extension thereof.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                    CS for SB 1996 and SB 1182

  3

  4  Amended language relating to the limitation on the number of
    charter schools to allow twice as many charter schools to be
  5  created statewide as is specified in current law.

  6  Requires the contract between a charter school and its sponsor
    to contain a lien provision so that a sponsor can recover
  7  funds used to renovate, repair or remodel a charter school's
    facilities, should the school terminate operations.
  8
    Provides that if a charter school is non-renewed or
  9  terminated, any unencumbered funds and all equipment and
    property purchased with public funds, revert to the ownership
10  of the district school board.  The bill also specifies that
    procedures for such reversion shall be developed by the
11  Commissioner of Education.

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