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House Bill 0539

Florida House of Representatives - 1997 HB 539 By Representative Ziebarth 1 A bill to be entitled 2 An act relating to charter schools; amending s. 3 228.056, F.S.; providing additional application 4 and denial of application requirements; 5 authorizing a waiver of initial startup 6 requirements; revising appeal procedures in the 7 case of denial of an application; providing 8 contract requirements; revising charter 9 provisions; revising annual progress report 10 requirements; revising provisions relating to 11 disbursement of funds to charter schools; 12 providing for use of facilities and property; 13 providing for rules; providing an effective 14 date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Paragraphs (a), (b), and (f) of subsection 19 (4), paragraphs (a), (d), and (f) of subsection (9), and 20 paragraph (f) of subsection (13) of section 228.056, Florida 21 Statutes, 1996 Supplement, are amended, paragraph (g) is added 22 to subsection (13), and subsection (21) is added to said 23 section, to read: 24 228.056 Charter schools.-- 25 (4) SPONSOR.--A district school board may sponsor a 26 charter school in the county over which the board has 27 jurisdiction. 28 (a) A district school board shall receive and review 29 all applications for a charter school. A district school 30 board shall receive charter school applications through at 31 least February 1 of each calendar year for charter schools to 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 539 559-136-97 1 be opened at the beginning of the school district's next 2 school year. A district school board may receive applications 3 later than this date if it chooses. In order to facilitate an 4 accurate budget projection process, a district school board 5 may request a letter of intent to apply with an estimate of 6 student enrollment from each potential charter school 7 applicant during October of the year preceding the 8 application. A district school board must by a majority vote 9 approve or deny an application no later than 60 days after the 10 application is received. If an application is denied, the 11 district school board must, at the time of denial, articulate 12 in writing the specific reasons based upon good cause 13 supporting its denial of the charter application. Upon 14 approval of a charter application, the initial startup must be 15 consistent with the beginning of the public school calendar 16 for the district in which the charter is granted unless the 17 district school board allows a waiver of this provision for 18 good cause. 19 (b) An applicant may appeal any denial of that 20 person's application to the State Board of Education no later 21 than 30 days after the district school board's decision and 22 shall notify the district school board of its appeal. The 23 district school board shall submit a response to the state 24 board within 30 days after notification of the appeal. The 25 state board must by majority vote accept or reject the 26 decision of the district school board no later than 60 30 days 27 after an appeal is filed. The state board shall remand the 28 application to the district school board with its written 29 recommendation that the district board approve or deny the 30 application consistent with the state board's decision. The 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 539 559-136-97 1 decision of the State Board of Education is not subject to the 2 provisions of the Administrative Procedure Act, chapter 120. 3 (f) The terms and conditions for the operation of a 4 charter school shall be set forth by the sponsor and the 5 applicant in a written contractual agreement. The sponsor 6 shall not impose unreasonable rules or regulations that 7 violate the intent of giving charter schools greater 8 flexibility to meet educational goals. The applicant and 9 sponsor shall have a reasonable amount of time, as determined 10 by state board rule, to negotiate and sign a contract that 11 shall constitute the school's charter. If a contract has not 12 been signed after a reasonable amount of time, the applicant 13 may appeal to the State Board of Education following 14 procedures in paragraph (b) This contract shall constitute the 15 school's charter. 16 (9) CHARTER.--The major issues involving the operation 17 of a charter school shall be considered in advance and written 18 into the charter. The charter shall be signed by the governing 19 body of the charter school and the sponsor, following a public 20 hearing to ensure community input. 21 (a) The charter shall address, and criteria for 22 approval of the charter shall be based on: 23 1. The school's mission, the students to be served, 24 and the ages and grades to be included. 25 2. The focus of the curriculum, the instructional 26 methods to be used, and any distinctive instructional 27 techniques to be employed. 28 3. The current baseline standard of achievement and 29 the outcomes to be achieved and the method of measurement that 30 will be used. 31 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 539 559-136-97 1 4. The methods used to identify the educational 2 strengths and needs of students and how well educational goals 3 and performance standards are met by students attending the 4 charter school. Students in charter schools shall, at a 5 minimum, participate in the statewide assessment program. 6 5. In secondary charter schools, a method for 7 determining that a student has satisfied the requirements for 8 graduation in s. 232.246. 9 6. A method for resolving conflicts between the 10 governing body of the charter school and the sponsor. 11 7. The admissions procedures and dismissal procedures, 12 including the school's code of student conduct. 13 8. The ways by which the school will achieve a 14 racial/ethnic balance reflective of the community it serves or 15 within the racial/ethnic range of other public schools in the 16 same school district. 17 9. The financial and administrative management of the 18 school. 19 10. The manner in which the school will be insured, 20 including whether or not the school will be required to have 21 liability insurance, and, if so, the terms and conditions 22 thereof and the amounts of coverage. 23 11. The term of the charter, not to exceed 3 years, 24 which shall provide for cancellation of the charter if 25 insufficient progress has been made in attaining the student 26 achievement objectives of the charter and if it is not likely 27 that such objectives can be achieved before expiration of the 28 charter. 29 12. The facilities to be used and their location. 30 13. The qualifications to be required of the teachers. 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 539 559-136-97 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 (d) The governing body of the charter school shall 16 make annual progress reports to its sponsor, which upon 17 verification shall be forwarded to the State Board of 18 Education, the Commissioner of Education at the same time as 19 other annual school accountability reports, the President of 20 the Senate, and the Speaker of the House of Representatives. 21 The report shall contain at least the following information: 22 1. The charter school's progress towards achieving the 23 goals outlined in its charter. 24 2. The information required in the annual school 25 report pursuant to s. 229.592. 26 3. Financial records of the charter school, including 27 revenues and expenditures. 28 4. Salary and benefit levels of charter school 29 employees. 30 (f) Upon receipt of the annual report required by 31 paragraph (d), the Department of Education sponsor shall 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 539 559-136-97 1 provide to the State Board of Education, the Commissioner of 2 Education, the President of the Senate, and the Speaker of the 3 House of Representatives an analysis and comparison of the 4 overall performance of charter school students, to include all 5 students whose scores are counted as part of the 6 norm-referenced assessment tests, versus comparable public 7 school students in the district as determined by 8 norm-referenced assessment tests currently administered in the 9 school district, and, as appropriate, the Florida Writes 10 Assessment Test, Grade Ten Assessment Test, and the High 11 School Competency Test. 12 (13) REVENUE.--Students enrolled in a charter school, 13 regardless of the sponsorship, shall be funded as if they are 14 in a basic program or a special program, the same as students 15 enrolled in other public schools in the school district. 16 Funding for a chartered developmental research school shall be 17 as provided in s. 228.053(9). 18 (f) School boards shall make every effort to ensure 19 that charter schools receive timely and efficient disbursement 20 of funds reimbursement. Beginning with the July 10 21 disbursement of FEFP funds to the school district and 22 following every bimonthly FEFP payment thereafter, the school 23 district shall transmit a charter school's portion of FEFP 24 funds to the charter school within 10 days after receipt of 25 the FEFP allocation. Funds must be prorated in later payments 26 to balance with actual enrollments. The payment shall be 27 issued no later than 30 working days after receipt of an 28 invoice. If a warrant for payment of an invoice is not issued 29 within 30 working days after receipt by the district school 30 board, the school district shall pay to the charter school, in 31 addition to the amount of the invoice, interest at a rate of 1 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 539 559-136-97 1 percent per month calculated on a daily basis on the unpaid 2 balance from the expiration of the 30-day period until such 3 time as the warrant is issued. 4 (g) If district school board facilities or property 5 are available because they are surplus, marked for disposal, 6 or otherwise unused, they may be provided for a charter 7 school's use at no additional fee. Similarly, for an existing 8 public school converting to charter status, no rental or 9 leasing fee for the existing facility or for the property 10 normally inventoried to the conversion school may be charged 11 by the district school board to the parents and teachers 12 organizing the charter school. The charter organizers shall 13 agree to reasonable maintenance provisions in order to 14 maintain the facility in a manner similar to district school 15 board standards. 16 (21) IMPLEMENTATION.--The State Board of Education 17 shall adopt rules necessary to facilitate the implementation 18 of this act. 19 Section 2. This act shall take effect July 1, 1997. 20 21 ***************************************** 22 HOUSE SUMMARY 23 With respect to charter schools, provides additional 24 application and denial of application requirements, authorizes a waiver of initial startup requirements, 25 revises appeal procedures in the case of denial of an application, provides contract requirements, revises 26 charter provisions and annual progress report requirements, revises provisions relating to disbursement 27 of funds to charter schools, provides for use of facilities and property, and provides for rules. 28 29 30 31 7