House Bill 4543

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    Florida House of Representatives - 1998                HB 4543

        By the Committee on Education/K-12 and Representative
    Andrews





  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 mediation services

  6         and appeal of disputes; removing limitations on

  7         the number of schools; authorizing charter

  8         municipal subdistricts; providing requirements

  9         for governance and areas of municipal

10         jurisdiction; revising provisions relating to

11         eligible students; providing for operation by a

12         nonprofit organization; deleting certain

13         restrictions on holding charter contracts;

14         revising provisions relating to charter terms;

15         providing for determination of the governance

16         structure; providing for public employee

17         status; prohibiting the use of certain tax

18         revenues for operational expenses of charter

19         schools; revising requirements relating to

20         student transportation; revising administrative

21         fee provisions and requiring certain

22         administrative and educational services;

23         revising provisions relating to charter school

24         use of certain facilities or property;

25         providing for certain purchasing; authorizing

26         charter schools-in-the-workplace; providing

27         requirements and tax exemption; creating s.

28         228.0561, F.S.; providing for the distribution

29         of funds from the Charter Schools Capital

30         Outlay Trust Fund; providing eligibility

31         requirements; providing duties of the

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  1         Commissioner of Education; authorizing the use

  2         of funds for certain capital outlay purposes of

  3         charter schools; providing for the reversion of

  4         funds, equipment, and property under certain

  5         conditions; requiring a legislative budget

  6         request for appropriations from the Charter

  7         Schools Capital Outlay Trust Fund; providing

  8         effective dates.

  9

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

11

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

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

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

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

16  (f), (g), and (h) of subsection (13) of section 228.056,

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

18  Florida, are amended, and subsection (22) is added to said

19  section, to read:

20         228.056  Charter schools.--

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

22  hereby authorized.  Charter schools shall be part of the

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

24  Florida are recognized as public schools. A charter school may

25  be formed by creating a new school or converting an existing

26  public school to charter status.

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

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

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

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

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

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  1  existing public school, including a public

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

  3  district school board, shall submit any proposal for

  4  converting the school to a charter school. An application

  5  submitted proposing to convert an existing public school to a

  6  charter school shall demonstrate the support of at least 50

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

  8  of the parents voting whose children are enrolled at the

  9  school, provided that a majority of the parents eligible to

10  vote participate in the ballot process, according to

11  procedures established by rules of the state board. A private

12  school, parochial school, or home education program shall not

13  be eligible for charter school status.

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

15  charter school in the county over which the board has

16  jurisdiction.

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

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

19  applicant in a written contractual agreement. The sponsor

20  shall not impose unreasonable rules or regulations that

21  violate the intent of giving charter schools greater

22  flexibility to meet educational goals. The applicant and

23  sponsor shall have 4 6 months in which to mutually agree to

24  the provisions of the contract. The Department of Education

25  shall provide mediation services for any dispute subsequent to

26  the approval of a charter application regarding this section,

27  except those regarding charter school application denials.  If

28  the Commissioner of Education determines that the dispute

29  cannot be settled through mediation, the dispute may be

30  appealed to an administrative law judge appointed by the

31  Division of Administrative Hearings.  The administrative law

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

  2  school as a public school, whether proposed provisions of the

  3  contract violate the intended flexibility granted charter

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

  5  section except a charter school application denial.  The costs

  6  of the administrative hearing shall be paid by the party whom

  7  the administrative law judge rules against. If, after 6

  8  months, the contract is still pending, the application is

  9  deemed denied.

10         (5)  NUMBER OF SCHOOLS.--

11         (a)  The number of newly created charter schools or

12  existing public schools which may convert to charter schools

13  is unlimited. limited to no more than seven in each school

14  district that has 100,000 or more students, no more than five

15  charter schools in each school district that has 50,000 to

16  99,999 students, and no more than three charter schools in

17  each school district that has fewer than 50,000 students.  The

18  number of newly created charter schools shall be limited to no

19  more than seven charter schools in each school district that

20  has 100,000 or more students, no more than five charter

21  schools in each school district that has 50,000 to 99,999

22  students, and no more than three charter schools in each

23  school district that has fewer than 50,000 students.

24  Notwithstanding any limitation in this section on the number

25  of charter schools authorized for a district, any school board

26  shall have the right to request an increase in the number of

27  charter schools located within its district from the State

28  Board of Education.

29         (b)  Upon majority vote of the eligible voters voting

30  and compliance with this section, a municipality or

31  municipalities with a total population of more than 25,000

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  1  residents may present to the district school board a school or

  2  group of schools to be considered for charter school status.

  3  Such school or group of schools shall be governed by a

  4  governing body appointed by the governing body of the

  5  municipality or by the governing bodies of the municipalities.

  6  Unincorporated areas adjacent to incorporated municipalities

  7  may be included in the area of municipal jurisdiction for the

  8  purposes of this paragraph if the governing bodies of the

  9  municipality or municipalities and the county in which the

10  area is located agree on the boundaries of such additional

11  areas. Upon receipt of a request for a charter municipal

12  subdistrict in accordance with this paragraph, if approved by

13  the district school board pursuant to subsection (4), the

14  district school board shall expeditiously authorize the

15  requested charter.

16         (6)  ELIGIBLE STUDENTS.--

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

18  covered in an interdistrict agreement or residing in the

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

20  public school converts to charter status, enrollment

21  preference shall be given to students who would have otherwise

22  attended that public school. A charter school may give

23  enrollment preference to a sibling of a student enrolled in

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

25  charter school.

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

27  only to target the following student populations:

28         1.  Students within specific age groups or grade

29  levels.

30

31

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  1         2.  Students considered at risk of dropping out of

  2  school or academic failure. Such students shall include

  3  exceptional education students.

  4         3.  Students enrolling in a charter

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

  6  (22).

  7         4.  Students residing within a reasonable distance of

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

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

10  racial/ethnic balance provisions described in subparagraph

11  (9)(a)8. which require a school to achieve a racial/ethnic

12  balance reflective of the community it serves or within the

13  racial/ethnic range of other public schools in the same

14  district.

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

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

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

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

19  Florida Retirement System upon application and approval as a

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

21  participates in the Florida Retirement System, the charter

22  school employees shall be compulsory members of the Florida

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

24  charter school may contract for services with an individual or

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

26  cooperative. Individuals or groups of individuals who contract

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

28         (8)  REQUIREMENTS.--

29         (h)  No organization shall hold more than one

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

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

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

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

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

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

  5  hearing to ensure community input.

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

  7  approval of the charter shall be based on:

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

  9  and the ages and grades to be included.

10         2.  The focus of the curriculum, the instructional

11  methods to be used, and any distinctive instructional

12  techniques to be employed.

13         3.  The current baseline standard of achievement and

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

15  will be used.

16         4.  The methods used to identify the educational

17  strengths and needs of students and how well educational goals

18  and performance standards are met by students attending the

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

20  minimum, participate in the statewide assessment program.

21         5.  In secondary charter schools, a method for

22  determining that a student has satisfied the requirements for

23  graduation in s. 232.246.

24         6.  A method for resolving conflicts between the

25  governing body of the charter school and the sponsor.

26         7.  The admissions procedures and dismissal procedures,

27  including the school's code of student conduct.

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

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

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

31  same school district.

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  1         9.  The financial and administrative management of the

  2  school.

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

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

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

  6  thereof and the amounts of coverage.

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

  8  which shall provide for cancellation of the charter if

  9  insufficient progress has been made in attaining the student

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

11  that such objectives can be achieved before expiration of the

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

13  years.

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

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

16         14.  The governance structure of the school, including

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

18  employer as required in subsection (7). The governance

19  structure and the initial governing body of a conversion

20  charter school initiated by the school board shall be

21  determined and selected by the school advisory council of the

22  existing public school.

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 by a mutual agreement of the parties.

  5         (12)  EMPLOYEES OF CHARTER SCHOOLS.--

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

  7  charter school may contract with its sponsor for the services

  8  of personnel employed by the sponsor.

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

10  bargain collectively.  Employees may collectively bargain as a

11  separate unit or as part of the existing district collective

12  bargaining unit as determined by the structure of the charter

13  school.

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

15  remain public employees for all purposes, unless such

16  employees choose not to do so.

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

18  be part of a professional group that subcontracts with the

19  charter school to operate the instructional program under the

20  auspices of a partnership or cooperative that they

21  collectively own. Under this arrangement, the teachers would

22  not be public employees.

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

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

25  the district school board. While employed by the charter

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

27  employee may retain seniority accrued in that school district

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

29  school district, if the charter school and the district school

30  board agree to this arrangement and its financing. This

31

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  1  paragraph shall not prohibit a school board from approving

  2  alternative leave arrangements consistent with chapter 231.

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

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

  5  A charter school may employ or contract with skilled selected

  6  noncertified personnel to provide instructional services or to

  7  assist instructional staff members as teacher aides in the

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

  9  not employ an individual to provide instructional services or

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

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

12  any other state. The qualifications of teachers shall be

13  disclosed to parents.

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

15  employees who have been fingerprinted as provided in s.

16  231.02.

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

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

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

20  enrolled in other public schools in the school district.

21  Funding for a chartered developmental research school shall be

22  as provided in s. 228.053(9).

23         (b)  The basis for the agreement for funding students

24  enrolled in a charter school shall be the sum of the school

25  district's operating funds from the Florida Education Finance

26  Program as provided in s. 236.081 and the General

27  Appropriations Act, including gross state and local funds,

28  discretionary lottery funds, and funds from the school

29  district's current operating discretionary millage levy;

30  divided by total funded weighted full-time equivalent students

31  in the school district; multiplied by the weighted full-time

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  1  equivalent students for the charter school.  Charter schools

  2  whose students or programs meet the eligibility criteria in

  3  law shall be entitled to their proportionate share of

  4  categorical program funds included in the total funds

  5  available in the Florida Education Finance Program by the

  6  Legislature, including transportation.  Total funding for each

  7  charter school will be recalculated during the year to reflect

  8  the revised calculations under the Florida Education Finance

  9  Program by the state and the actual weighted full-time

10  equivalent students reported by the charter school during the

11  full-time equivalent student survey periods designated by the

12  Commissioner of Education. The taxation authority of any

13  county, municipality, or special district shall not be used to

14  provide additional operational revenues to any charter school.

15         (c)  Transportation of charter school students shall be

16  provided by the charter school consistent with the

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

18  school may provide transportation through an agreement or

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

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

21  in making arrangements that ensure that transportation is not

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

23  reasonable distance of the charter school as determined in its

24  charter.

25         (e)  Any administrative fee charged by the school

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

27  more than the actual cost of administering the contract

28  between the charter school and the school district or 5

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

30  whichever is the lesser amount. The sponsor shall provide

31  certain administrative and educational services to charter

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  1  schools at no additional fee. These services shall include

  2  contract management services, FTE and data reporting,

  3  exceptional student education administration, test

  4  administration, processing of teacher certificate data, and

  5  information services.

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

  7  that charter schools receive timely and efficient

  8  reimbursement, including processing paperwork required to

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

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

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

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

13  Thereafter, the results of full-time equivalent student

14  membership surveys must be used in adjusting the amount of

15  funds distributed monthly to the charter school for the

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

17  later than 10 working days after the district school board

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

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

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

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

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

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

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

25  time as the warrant is issued.

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

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

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

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

30  other public schools in the district.  A charter school

31  receiving property from the school district may not sell or

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  1  dispose of such property without written permission of the

  2  school district.  Similarly, for an existing public school

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

  4  existing facility or for the property normally inventoried to

  5  the conversion school may be charged by the district school

  6  board to the parents and teachers organizing the charter

  7  school.  The charter organizers shall agree to reasonable

  8  maintenance provisions in order to maintain the facility in a

  9  manner similar to district school board standards.

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

11  the charter school through the contract with the school

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

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

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

15  schools to participate in the sponsor's bulk purchasing

16  program if applicable.

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

18         (a)  In order to increase business partnerships in

19  education, to reduce school and classroom overcrowding

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

21  educational facilities construction, the Legislature intends

22  to encourage the formation of business partnership schools or

23  satellite learning centers through charter school status.

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

25  established when a business partner provides the school

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

27  lottery which involves all of the children of employees of

28  that business or corporation who are seeking enrollment, as

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

30  to the racial/ethnic balance provisions described in

31  subparagraph (9)(a)8. Any facility or portion of a facility

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  1  used for a public charter school shall be exempt from ad

  2  valorem taxes, as provided for in s. 235.198, for the duration

  3  of its use as a public school.

  4         Section 2.  Section 228.0561, Florida Statutes, is

  5  created to read:

  6         228.0561  Charter schools capital outlay funding.--

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

  8  the Charter Schools Capital Outlay Trust Fund, the

  9  Commissioner of Education shall allocate the funds among

10  eligible charter schools.  To be eligible for a funding

11  allocation, a charter school must be approved pursuant to s.

12  228.056 for operation during that fiscal year and must serve

13  students in facilities that are not provided by the charter

14  school's sponsor.  A charter school is not eligible for a

15  funding allocation if it was created by the conversion of a

16  public school and operates in facilities provided by the

17  charter school's sponsor for a nominal fee or at no charge.

18  Unless otherwise provided in the General Appropriations Act,

19  the funding allocation for each eligible charter school shall

20  be determined by multiplying the school's projected student

21  enrollment by one-thirtieth of the cost-per-student station

22  specified in s. 235.435(6)(b) for an elementary, middle, or

23  high school, as appropriate.  If the funds appropriated are

24  not sufficient, the commissioner shall prorate the available

25  funds among eligible charter schools.  In the first quarter of

26  the fiscal year, funds shall be distributed on the basis of

27  projected enrollment as provided in this section.  The

28  commissioner shall adjust subsequent distributions as

29  necessary to reflect each charter school's actual student

30  enrollment.  The commissioner shall establish the intervals

31  and procedures for determining the projected and actual

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  1  student enrollment of eligible charter schools. If a school

  2  district chooses to share funding for capital outlay purposes,

  3  as described in subsection (2), with the applicable charter

  4  school or charter schools, any allocation from the Charter

  5  Schools Capital Outlay Trust Fund to the charter school or

  6  charter schools shall be reduced by the amount shared.

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

  8  from the Charter Schools Capital Outlay Trust Fund for any

  9  lawful capital outlay purpose pursuant to ss. 235.435 and

10  236.25. When a charter is not renewed or is terminated, any

11  unencumbered funds and all equipment and property purchased

12  with Charter Schools Capital Outlay Trust Fund moneys shall

13  revert to the ownership of the district school board, as

14  provided for in s. 228.056(10). The reversion of such

15  equipment and property shall include recoverable assets, but

16  not intangible or irrecoverable costs such as rental or

17  leasing fees, normal maintenance, and limited renovations.

18  Any additional issues, such as the shared use of facilities or

19  partial ownership of facilities or property, shall be

20  addressed in the charter contract prior to the expenditure of

21  funds.

22         (3)  The Commissioner of Education shall specify

23  procedures for submitting and approving requests for funding

24  under this section and procedures for documenting

25  expenditures.

26         (4)  The annual legislative budget request of the

27  Department of Education shall include a request for funding

28  from the Charter Schools Capital Outlay Trust Fund.  The

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

30  be served in charter schools that meet the eligibility

31  requirements of this section.

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

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

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

  4  Senate Bill 1184 or similar legislation creating a Charter

  5  Schools Capital Outlay Trust Fund is adopted in the same

  6  legislative session or an extension thereof.

  7

  8            *****************************************

  9                          HOUSE SUMMARY

10
      Revises provisions relating to charter schools as
11    follows:  provides for recognition as public schools;
      revises requirements relating to proposals; provides for
12    mediation services and appeal of disputes; removes
      limitations on the number of schools; authorizes charter
13    municipal subdistricts; revises provisions relating to
      eligible students; provides for operation by a nonprofit
14    organization; deletes certain restrictions on holding
      charter contracts; revises charter terms; provides for
15    determination of governance structure; provides that
      employees of conversion charter schools shall remain
16    public employees; prohibits the use of certain tax
      revenues for operational expenses; revises requirements
17    relating to student transportation; revises
      administrative fee provisions and requires certain
18    administrative and educational services; revises
      provisions relating to charter school use of certain
19    facilities or property; provides for certain purchasing;
      and authorizes charter schools-in-the-workplace and
20    provides requirements and tax exemption.

21
      Provides for the distribution of moneys from the Charter
22    Schools Capital Outlay Trust Fund to qualifying charter
      schools, contingent upon the creation of that fund.
23    Prescribes duties of the Commissioner of Education with
      respect to determining eligibility for and distribution
24    of the moneys.  Provides for use of funds.

25

26

27

28

29

30

31

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