CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 1066
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Kirkpatrick moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Paragraph (a) of subsection (4), paragraph
18 (a) of subsection (6), subsections (7) and (9), paragraphs (f)
19 and (g) of subsection (12), paragraph (d) of subsection (13),
20 and subsection (20) of section 228.056, Florida Statutes, 1998
21 Supplement, are amended to read:
22 228.056 Charter schools.--
23 (4) SPONSOR.--A district school board may sponsor a
24 charter school in the county over which the board has
25 jurisdiction.
26 (a) A district school board shall receive and review
27 all applications for a charter school. A district school board
28 shall receive charter school applications through at least
29 November 15 February 1 of each calendar year for charter
30 schools to be opened at the beginning of the school district's
31 next school year. A district school board may receive
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1 applications later than this date if it chooses. In order to
2 facilitate an accurate budget projection process, a district
3 school board shall be held harmless for FTE students which are
4 not included in the FTE projection due to approval of charter
5 school applications after the FTE projection deadline. A
6 district school board must by a majority vote approve or deny
7 an application no later than 60 days after the application is
8 received. If an application is denied, the district school
9 board must, within 10 calendar days, articulate in writing the
10 specific reasons based upon good cause supporting its denial
11 of the charter application. Upon approval of a charter
12 application, the initial startup must be consistent with the
13 beginning of the public school calendar for the district in
14 which the charter is granted unless the district school board
15 allows a waiver of this provision for good cause.
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. Any
20 eligible student shall be allowed interdistrict transfer to
21 attend a charter school when based on good cause. When a
22 public school converts to charter status, enrollment
23 preference shall be given to students who would have otherwise
24 attended that public school. A charter school may give
25 enrollment preference to a sibling of a student enrolled in
26 the charter school or to the child of an employee of the
27 charter school.
28 (7) LEGAL ENTITY.--A charter school shall organize as,
29 or be operated by, a nonprofit organization. A charter school
30 may be operated by a municipality or other public entity as
31 provided for by law. As such, the charter school may be either
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1 a private or a public employer. As a public employer, a
2 charter school may participate in the Florida Retirement
3 System upon application and approval as a "covered group"
4 under s. 121.021(34). If a charter school participates in the
5 Florida Retirement System, the charter school employees shall
6 be compulsory members of the Florida Retirement System. As
7 either a private or a public employer, a charter school may
8 contract for services with an individual or group of
9 individuals who are organized as a partnership or a
10 cooperative. Individuals or groups of individuals who contract
11 their services to the charter school are not public employees.
12 (9) CHARTER.--The major issues involving the operation
13 of a charter school shall be considered in advance and written
14 into the charter. The charter shall be signed by the governing
15 body of the charter school and the sponsor, following a public
16 hearing to ensure community input.
17 (a) The charter shall address, and criteria for
18 approval of the charter shall be based on:
19 1. The school's mission, the students to be served,
20 and the ages and grades to be included.
21 2. The focus of the curriculum, the instructional
22 methods to be used, and any distinctive instructional
23 techniques to be employed.
24 3. The current incoming baseline standard of student
25 academic achievement, and the outcomes to be achieved, and the
26 method of measurement that will be used. This section shall
27 include a detailed description for each of the following:
28 a. How the baseline student academic achievement
29 levels and prior rates of academic progress will be
30 established;
31 b. How these baseline rates will be compared to rates
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1 of academic progress achieved by these same students while
2 attending the charter school; and
3 c. To the extent possible, how these rates of progress
4 will be evaluated and compared with rates of progress of other
5 closely comparable student populations.
6 4. The methods used to identify the educational
7 strengths and needs of students and how well educational goals
8 and performance standards are met by students attending the
9 charter school. Students in charter schools shall, at a
10 minimum, participate in the statewide assessment program.
11 5. In secondary charter schools, a method for
12 determining that a student has satisfied the requirements for
13 graduation in s. 232.246.
14 6. A method for resolving conflicts between the
15 governing body of the charter school and the sponsor.
16 7. The admissions procedures and dismissal procedures,
17 including the school's code of student conduct.
18 8. The ways by which the school will achieve a
19 racial/ethnic balance reflective of the community it serves or
20 within the racial/ethnic range of other public schools in the
21 same school district.
22 9. The financial and administrative management of the
23 school, including a reasonable demonstration of the
24 professional experience or competence of those individuals or
25 organizations applying to operate the charter school or those
26 hired or retained to perform such professional services. Both
27 public sector and private sector professional experience shall
28 be equally valid in such a consideration.
29 10. The manner in which the school will be insured,
30 including whether or not the school will be required to have
31 liability insurance, and, if so, the terms and conditions
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1 thereof and the amounts of coverage.
2 11. The term of the charter which shall provide for
3 cancellation of the charter if insufficient progress has been
4 made in attaining the student achievement objectives of the
5 charter and if it is not likely that such objectives can be
6 achieved before expiration of the charter. The initial term of
7 a charter shall be for 3, 4, or 5 years. In order to
8 facilitate access to long-term financial resources for charter
9 school construction, charter schools that are operated by a
10 municipality or other public entity as provided by law are
11 eligible for up to a 15-year charter, subject to approval by
12 the local school board. In addition, to facilitate access to
13 long-term financial resources for charter school construction,
14 charter schools that are operated by a private,
15 not-for-profit, 501(c)3 status corporation are eligible for up
16 to a 10-year charter, subject to approval by the local school
17 board. Such long-term charters remain subject to annual review
18 and may be terminated during the term of the charter, but only
19 for specific good cause according to the provisions set forth
20 in subsection (10).
21 12. The facilities to be used and their location.
22 13. The qualifications to be required of the teachers.
23 14. The governance structure of the school, including
24 the status of the charter school as a public or private
25 employer as required in subsection (7).
26 15. A timetable for implementing the charter which
27 addresses the implementation of each element thereof and the
28 date by which the charter shall be awarded in order to meet
29 this timetable.
30 16. In the case of an existing public school being
31 converted to charter status, alternative arrangements for
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1 current students who choose not to attend the charter school
2 and for current teachers who choose not to teach in the
3 charter school after conversion in accordance with the
4 existing collective bargaining agreement or school board
5 policy in the absence of a collective bargaining agreement.
6 (b) A charter may be renewed every 5 school years,
7 provided that a program review demonstrates that the criteria
8 in paragraph (a) have been successfully accomplished. In order
9 to facilitate long-term financing for charter school
10 construction, charter schools operating a minimum of 3 years
11 and demonstrating exemplary academic programming and fiscal
12 management are eligible for a 15-year charter renewal. Such
13 long-term charter is subject to annual review and may be
14 terminated during the term of the charter.
15 (c) A charter may be modified during its initial term
16 or any renewal term upon the recommendation of the sponsor and
17 the approval of both parties to the agreement.
18 (d) The governing body of the charter school shall
19 make annual progress reports to its sponsor, which upon
20 verification shall be forwarded to the Commissioner of
21 Education at the same time as other annual school
22 accountability reports. The report shall contain at least the
23 following information:
24 1. The charter school's progress towards achieving the
25 goals outlined in its charter.
26 2. The information required in the annual school
27 report pursuant to s. 229.592.
28 3. Financial records of the charter school, including
29 revenues and expenditures.
30 4. Salary and benefit levels of charter school
31 employees.
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1 (e) A sponsor shall ensure that the charter is
2 innovative and consistent with the state education goals
3 established by s. 229.591.
4 (f) Upon receipt of the annual report required by
5 paragraph (d), the Department of Education shall provide to
6 the State Board of Education, the Commissioner of Education,
7 the President of the Senate, and the Speaker of the House of
8 Representatives an analysis and comparison of the overall
9 performance of charter school students, to include all
10 students whose scores are counted as part of the
11 norm-referenced assessment tests, versus comparable public
12 school students in the district as determined by
13 norm-referenced assessment tests currently administered in the
14 school district, and, as appropriate, the Florida Writes
15 Assessment Test, the High School Competency Test, and other
16 assessments administered pursuant to s. 229.57(3).
17 (g) Whenever a municipality has submitted charter
18 applications for the establishment of a charter school feeder
19 pattern (elementary, middle, and senior high schools), and
20 upon approval of each individual charter application by the
21 district school board, such applications will then be
22 designated as one charter for all purposes listed pursuant to
23 this section.
24 (12) EMPLOYEES OF CHARTER SCHOOLS.--
25 (f) Teachers employed by or under contract to a
26 charter school shall be certified as required by chapter 231.
27 A charter school governing board may employ or contract with
28 skilled selected noncertified personnel to provide
29 instructional services or to assist instructional staff
30 members as education paraprofessionals in the same manner as
31 defined in chapter 231, and as provided by State Board of
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Amendment No.
1 Education rule for charter school governing boards. A charter
2 school may not employ an individual to provide instructional
3 services or to serve as an education paraprofessional if the
4 individual's certification or licensure as an educator is
5 suspended or revoked by this or any other state. A charter
6 school may not knowingly employ an individual who has resigned
7 from a school district in lieu of disciplinary action with
8 respect to child welfare or safety, or who has been dismissed
9 for just cause by any school district with respect to child
10 welfare or safety. The qualifications of teachers shall be
11 disclosed to parents.
12 (g) A charter school shall employ or contract with
13 employees who have been fingerprinted as provided in s.
14 231.02. Members of the governing board of the charter school
15 shall also be fingerprinted in a manner similar to that
16 provided in s. 231.02 prior to approval of the charter.
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 (d) If the district school board is providing programs
24 or services to students funded by federal funds, any eligible
25 students enrolled in charter schools in the school district
26 shall be provided federal funds for the same level of service
27 provided students in the schools operated by the district
28 school board. Pursuant to provisions of 20 U.S.C. 8061 s.
29 10306, all charter schools shall receive all federal funding
30 for which the school is otherwise eligible, including Title I
31 funding, not later than 5 months after the charter school
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1 first opens and within 5 months after any subsequent expansion
2 of enrollment.
3 (20) REVIEW.--
4 (a) The Department of Education shall regularly
5 convene a Charter School Review Panel in order to review
6 issues, practices, and policies regarding charter schools. The
7 composition of the review panel shall include individuals with
8 experience in finance, administration, law, education, and
9 school governance, and individuals familiar with charter
10 school construction and operation. The panel shall include two
11 appointees each from the Commissioner of Education, the
12 President of the Senate, and the Speaker of the House of
13 Representatives. The Governor shall appoint three members of
14 the panel, and shall designate the chair. Each member of the
15 panel shall serve a 1-year term, unless renewed by the office
16 making the appointment. The panel shall make recommendations
17 to the Legislature, to the Department of Education, to charter
18 schools, and to school districts for improving charter school
19 operations and oversight and for ensuring best business
20 practices at and fair business relationships with charter
21 schools.
22 (b) The Legislature shall review the operation of
23 charter schools during the 2000 Regular Session of the
24 Legislature.
25 Section 2. Subsections (1), (2), (5), and (6) of
26 section 228.0561, Florida Statutes, 1998 Supplement, are
27 amended to read:
28 228.0561 Charter schools capital outlay funding.--
29 (1) In each year in which funds are appropriated for
30 charter school capital outlay purposes from the Public
31 Education Capital Outlay and Debt Service Trust Fund for
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1 charter schools, the Commissioner of Education shall allocate
2 the funds among eligible charter schools. To be eligible for
3 a funding allocation, a charter school must meet the
4 provisions of subsection (6), must have received final
5 approval from its sponsor pursuant to s. 228.056 for operation
6 during that fiscal year, and must serve students in facilities
7 that are not provided by the charter school's sponsor. Prior
8 to the release of capital outlay funds to a school district on
9 behalf of the charter school, the Department of Education
10 shall ensure that the district school board and the charter
11 school governing board enter into a written agreement that
12 includes provisions for the reversion of any unencumbered
13 funds and all equipment and property purchased with public
14 education funds to the ownership of the district school board,
15 as provided for in subsection (3) attaching a lien to property
16 that has been improved through the use of these funds, in the
17 event that the school terminates operations. Any funds
18 recovered by the state shall be deposited in the General
19 Revenue Fund Public Education Capital Outlay and Debt Service
20 Trust Fund. A charter school is not eligible for a funding
21 allocation if it was created by the conversion of a public
22 school and operates in facilities provided by the charter
23 school's sponsor for a nominal fee or at no charge. Unless
24 otherwise provided in the General Appropriations Act, the
25 funding allocation for each eligible charter school shall be
26 determined by multiplying the school's projected student
27 enrollment by one-thirtieth of the cost-per-student station
28 specified in s. 235.435(6)(b) for an elementary, middle, or
29 high school, as appropriate. If the funds appropriated are
30 not sufficient, the commissioner shall prorate the available
31 funds among eligible charter schools. In the first quarter of
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1 the fiscal year, funds shall be distributed on the basis of
2 projected enrollment as provided in this section. The
3 commissioner shall adjust subsequent distributions as
4 necessary to reflect each charter school's actual student
5 enrollment. The commissioner shall establish the intervals
6 and procedures for determining the projected and actual
7 student enrollment of eligible charter schools. If a school
8 district chooses to share funding for the capital outlay
9 purposes described in subsection (2) with the applicable
10 charter school or charter schools, any allocation of charter
11 school capital outlay funds from the Public Education Capital
12 Outlay and Debt Service Trust Fund allocation to the charter
13 school or charter schools shall be reduced by the amount
14 shared.
15 (2) A charter school's governing body may use charter
16 school capital outlay funds with the school board's permission
17 may use funds from the Public Education Capital Outlay and
18 Debt Service Trust Fund for any capital outlay purpose that is
19 directly related to the functioning of the charter school,
20 including the:
21 (a) Purchase of real property.
22 (b) Construction, renovation, repair, and maintenance
23 of school facilities.
24 (c) Purchase, lease-purchase, or lease of permanent or
25 relocatable school facilities.
26 (d) Purchase of vehicles to transport students to and
27 from the charter school.
28 (5) The annual legislative budget request of the
29 Department of Education shall include a request for capital
30 outlay funding for charter schools from the Public Education
31 Capital Outlay and Debt Service Trust Fund. The request shall
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1 be based on the projected number of students to be served in
2 charter schools who meet the eligibility requirements of this
3 section.
4 (6)(a) Effective July 1, 1998, any charter school
5 which has been in continuous operation in the district in
6 which its charter was approved for at least two school years
7 immediately preceding the school year in which the school
8 seeks an appropriation from the Public Education Capital
9 Outlay and Debt Service Trust Fund shall be eligible to
10 receive funds from that trust fund. No other charter schools
11 are eligible to receive funds from the Public Education
12 Capital Outlay and Debt Service Trust Fund.
13 (b) Unless authorized otherwise by the Legislature,
14 allocation and proration of charter school capital outlay
15 funds from the Public Education Capital Outlay and Debt
16 Service Trust Fund shall be made to eligible charter schools
17 by the Commissioner of Education in an amount and in a manner
18 authorized by subsection (1), and only schools eligible for
19 such funds in this subsection shall be considered "eligible
20 charter schools" for such an allocation or proration.
21 (c) There is appropriated from the Public Education
22 Capital Outlay and Debt Service Trust Fund in fiscal year
23 1998-1999 the amount of $5 million to be used for capital
24 outlay purposes of charter schools eligible under this
25 subsection and allocated or prorated in an amount and in a
26 manner authorized by this subsection. This paragraph shall be
27 repealed July 1, 1999.
28 Section 3. Subsection (7) of section 235.42, Florida
29 Statutes, 1998 Supplement, is amended to read:
30 235.42 Educational and ancillary plant construction
31 funds; Public Education Capital Outlay and Debt Service Trust
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1 Fund; allocation of funds.--
2 (7) Boards and entities authorized to participate in
3 the trust fund are district school boards, the community
4 college district boards of trustees, the Trustees of the
5 Florida School for the Deaf and the Blind, the Board of
6 Regents, charter schools only if eligible pursuant to s.
7 228.0561(6), and other units of the state system of public
8 education, and other educational entities defined in s.
9 228.041 for which funds are authorized by the Legislature.
10 Section 4. Subsection (9) is added to section 228.057,
11 Florida Statutes, to read:
12 228.057 Public school parental choice.--
13 (9) Each school district shall annually report the
14 number of students applying for and attending the various
15 types of public schools of choice in the district, including
16 schools such as magnet schools and public charter schools,
17 according to rules adopted by the State Board of Education.
18 Section 5. Effective upon this act becoming a law,
19 section 228.058, Florida Statutes, is created to read:
20 228.058 Charter School Districts Pilot Program.--The
21 State Board of Education is authorized to enter into a
22 performance contract with up to six school districts for the
23 purpose of establishing them as charter school districts. The
24 State Board of Education shall give priority to Hillsborough
25 and Volusia Counties upon the submission of a completed
26 precharter agreement or charter proposal for a charter school
27 district. The purpose of this pilot program is to examine a
28 new relationship between the State Board of Education and
29 school districts that may produce significant improvements in
30 student achievement and school management, while complying
31 with constitutional requirements assigned to each entity.
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1 (1) CHARTER DISTRICT.--A charter school district is a
2 school district in Florida in which the school board has
3 submitted and the state board has approved a charter proposal
4 that exchanges statutory and rule exemption for agreement to
5 meet performance goals in the proposal. The charter school
6 district shall be chartered for 3 years, at the end of which
7 the performance shall be evaluated.
8 (2) EXEMPTION FROM STATUTES AND RULES.--Charter school
9 districts shall be exempt from state statutes and state board
10 rules as provided in s. 228.056. The school board of a
11 charter school district shall not be exempt from any statute
12 governing election of board members, public meetings and
13 public records requirements, financial disclosure, conflicts
14 of interest, operation in the sunshine, or other provisions
15 outside the Florida School Code.
16 (3) GOVERNING BOARD.--The governing board of the
17 charter school district shall be the duly elected school
18 board. The school board shall be responsible for supervising
19 the schools in the charter district and is authorized to
20 charter each of its existing public schools pursuant to s.
21 228.056, apply for deregulation of its public schools pursuant
22 to s. 228.0565, or otherwise establish performance-based
23 contractual relationships with its public schools for the
24 purpose of giving them greater autonomy with accountability
25 for performance.
26 (4) CHARTER PROPOSAL.--Competitive charter proposal
27 applications shall be accepted by the State Board of Education
28 no later than October 30, 1999. The charter proposal shall
29 include, but not be limited to:
30 (a) Authorization for participation in the pilot
31 program approved in an open school board meeting.
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1 (b) The vision of what the school board proposes to
2 accomplish by becoming a charter school district.
3 (c) A management plan for reaching performance goals,
4 including an anticipated list of the statutes and rules from
5 which the school board desires exemption and the purpose of
6 the exemption.
7 (d) The performance goals proposed by the school
8 board, the measures to be used to assess progress, the
9 district's current baseline status with respect to the goals,
10 and the timeframe for accomplishing the goals.
11 (e) A plan for chartering, deregulating, or otherwise
12 freeing schools in the district from state statutes and rules
13 and school board policies and procedures. This portion may
14 include a phased-in approach, but shall be included as a
15 performance goal.
16 (f) Agreement to file an annual report of progress to
17 the state board.
18 (g) Any other provisions required by state board rule.
19 (5) PRECHARTER AGREEMENT.--The state board is
20 authorized to approve a precharter agreement with a potential
21 charter district. The agreement may grant limited flexibility
22 and direction for developing the full charter proposal.
23 (6) TIME PERIOD FOR PILOT.--The pilot program shall be
24 authorized for a period of 3 full school years commencing with
25 award of a charter. The charter may be renewed upon action of
26 the state board.
27 (7) REPORTS.--The state board shall annually report on
28 the implementation of the charter school district pilot
29 program. Upon the completion of the first 3-year term, the
30 state board, through the Commissioner of Education, shall
31 submit to the Legislature a full evaluation of the
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1 effectiveness of the program.
2 (8) RULEMAKING.--The State Board of Education shall
3 have the authority to enact rules to implement this section in
4 accordance with ss. 120.536 and 120.54.
5 Section 6. Any arrangement entered into to borrow or
6 otherwise secure funds for a charter school authorized in
7 section 228.056, Florida Statutes, from a source other than
8 the state or a school district shall indemnify the state and
9 the school district from any and all liability, including but
10 not limited to financial responsibility for the payment of the
11 principal or interest. Any loans, bonds, or other financial
12 agreements are not obligations of the state or the school
13 district but are obligations of the charter school authority
14 and are payable solely from the sources of funds pledged by
15 such agreement. The credit or taxing power of the state or
16 the school district shall not be pledged and no debts shall be
17 payable out of any moneys except those of the legal entity in
18 possession of a valid charter approved by a district school
19 board pursuant to section 228.056, Florida Statutes.
20 Section 7. Except as otherwise provided herein, this
21 act shall take effect July 1, 1999.
22
23
24 ================ T I T L E A M E N D M E N T ===============
25 And the title is amended as follows:
26 Delete everything before the enacting clause
27
28 and insert:
29 A bill to be entitled
30 An act relating to charter schools; amending s.
31 228.056, F.S.; revising the date through which
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Amendment No.
1 a district school board must receive charter
2 school applications; providing for
3 interdistrict transfer to a charter school
4 under certain circumstances; authorizing
5 charter schools to be operated by
6 municipalities or other public entities;
7 providing information to be included in the
8 charter of a charter school; providing for
9 15-year charters under specified circumstances;
10 providing for one charter for municipality
11 charter schools comprising one feeder pattern;
12 authorizing charter school governing boards to
13 employ or contract with skilled selected
14 noncertified personnel as provided in ch. 231,
15 F.S., and as provided by rule of the State
16 Board of Education; prohibiting a charter
17 school from hiring certain persons who have
18 resigned in lieu of disciplinary action or have
19 been dismissed for good cause; requiring the
20 fingerprinting of members of the governing
21 boards of charter schools; prescribing time
22 limits for charter schools to receive federal
23 funds; providing for a Charter School Review
24 Panel; providing for membership, purpose, and
25 duties; amending s. 228.0561, F.S.; removing
26 references to the Public Education Capital
27 Outlay and Debt Service Trust Fund; providing
28 for the reversion of unencumbered funds and
29 property to the district school board if the
30 charter school terminates operations; revising
31 requirements relating to charter school use of
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Amendment No.
1 capital outlay funds; revising eligibility
2 requirements for charter school receipt of
3 capital outlay funds; removing obsolete
4 provisions; amending s. 235.42, F.S., relating
5 to educational and ancillary plant construction
6 funds; removing a reference to charter schools;
7 amending s. 228.057, F.S.; requiring school
8 districts to report the number of students
9 attending the various types of public schools
10 according to the rules of the State Board of
11 Education; creating s. 228.058, F.S.;
12 establishing a charter school districts pilot
13 program; providing requirements for charter
14 school districts; providing for exemptions from
15 statutes and rules; providing for a governing
16 board; providing for charter proposals;
17 providing for a precharter agreement; providing
18 a time period for the pilot project; requiring
19 an annual report; providing for rulemaking;
20 providing for protection and indemnity of the
21 state and charter school from certain
22 liability; providing effective dates.
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