House Bill 2147e1

CODING: Words stricken are deletions; words underlined are additions.







                                       CS/HB 2147, First Engrossed



  1                      A bill to be entitled

  2         An act relating to charter schools; amending s.

  3         228.056, F.S.; revising the date through which

  4         a district school board must receive charter

  5         school applications; providing for

  6         interdistrict transfer to a charter school

  7         under certain circumstances; authorizing

  8         charter schools to be operated by

  9         municipalities or other public entities;

10         providing information to be included in the

11         charter of a charter school; providing for

12         15-year charters under specified circumstances;

13         provides for one charter for municipality

14         charter schools comprising one feeder pattern;

15         authorizing charter school governing boards to

16         employ or contract with skilled selected

17         noncertified personnel as provided in ch. 231,

18         F.S., and as provided by rule of the State

19         Board of Education; prohibiting a charter

20         school from hiring certain persons who have

21         resigned in lieu of disciplinary action or have

22         been dismissed for good cause; requiring the

23         fingerprinting of members of the governing

24         boards of charter schools; prescribing time

25         limits for charter schools to receive federal

26         funds; providing for a Charter School Review

27         Panel; providing for membership, purpose, and

28         duties; amending s. 228.0561, F.S.; removing

29         references to the Public Education Capital

30         Outlay and Debt Service Trust Fund; providing

31         for the reversion of unencumbered funds and


                                  1

CODING: Words stricken are deletions; words underlined are additions.






                                       CS/HB 2147, First Engrossed



  1         property to the district school board if the

  2         charter school terminates operations; revising

  3         requirements relating to charter school use of

  4         capital outlay funds; revising eligibility

  5         requirements for charter school receipt of

  6         capital outlay funds; removing obsolete

  7         provisions; amending s. 235.42, F.S., relating

  8         to educational and ancillary plant construction

  9         funds; removing a reference to charter schools;

10         amending s. 228.057, F.S.; requiring school

11         districts to report the number of students

12         attending the various types of public schools

13         according to the rules of the State Board of

14         Education; creating s. 228.058, F.S.;

15         establishing a charter school districts pilot

16         program; providing requirements for charter

17         school districts; providing for exemptions from

18         statutes and rules; providing for a governing

19         board; providing for charter proposals;

20         providing for a precharter agreement; providing

21         a time period for the pilot project; requiring

22         an annual report; providing for rulemaking;

23         providing for protection and indemnity of the

24         state and charter school; providing effective

25         dates.

26

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

28

29         Section 1.  Paragraph (a) of subsection (4), paragraph

30  (a) of subsection (6), subsection (7), paragraphs (a) and (b)

31  of subsection (9), paragraphs (f) and (g) of subsection (12),


                                  2

CODING: Words stricken are deletions; words underlined are additions.






                                       CS/HB 2147, First Engrossed



  1  paragraph (d) of subsection (13), and subsection (20) of

  2  section 228.056, Florida Statutes, 1998 Supplement, are

  3  amended and a new paragraph (g) is added to subsection (9) to

  4  read:

  5         228.056  Charter schools.--

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

  7  charter school in the county over which the board has

  8  jurisdiction.

  9         (a)  A district school board shall receive and review

10  all applications for a charter school. A district school board

11  shall receive charter school applications through at least

12  November 15 February 1 of each calendar year for charter

13  schools to be opened at the beginning of the school district's

14  next school year.  A district school board may receive

15  applications later than this date if it chooses.  In order to

16  facilitate an accurate budget projection process, a district

17  school board shall be held harmless for FTE students which are

18  not included in the FTE projection due to approval of charter

19  school applications after the FTE projection deadline.  A

20  district school board must by a majority vote approve or deny

21  an application no later than 60 days after the application is

22  received. If an application is denied, the district school

23  board must, within 10 calendar days, articulate in writing the

24  specific reasons based upon good cause supporting its denial

25  of the charter application. Upon approval of a charter

26  application, the initial startup must be consistent with the

27  beginning of the public school calendar for the district in

28  which the charter is granted unless the district school board

29  allows a waiver of this provision for good cause.

30         (6)  ELIGIBLE STUDENTS.--

31


                                  3

CODING: Words stricken are deletions; words underlined are additions.






                                       CS/HB 2147, First Engrossed



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

  2  covered in an interdistrict agreement or residing in the

  3  school district in which the charter school is located. Any

  4  eligible student shall be allowed interdistrict transfer to

  5  attend a charter school when based on good cause. When a

  6  public school converts to charter status, enrollment

  7  preference shall be given to students who would have otherwise

  8  attended that public school. A charter school may give

  9  enrollment preference to a sibling of a student enrolled in

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

11  charter school.

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

13  or be operated by, a nonprofit organization. A charter school

14  may be operated by a municipality or other public entity as

15  provided for by law. As such, the charter school may be either

16  a private or a public employer.  As a public employer, a

17  charter school may participate in the Florida Retirement

18  System upon application and approval as a "covered group"

19  under s. 121.021(34). If a charter school participates in the

20  Florida Retirement System, the charter school employees shall

21  be compulsory members of the Florida Retirement System. As

22  either a private or a public employer, a charter school may

23  contract for services with an individual or group of

24  individuals who are organized as a partnership or a

25  cooperative. Individuals or groups of individuals who contract

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

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

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

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

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

31  hearing to ensure community input.


                                  4

CODING: Words stricken are deletions; words underlined are additions.






                                       CS/HB 2147, First Engrossed



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

  2  approval of the charter shall be based on:

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

  4  and the ages and grades to be included.

  5         2.  The focus of the curriculum, the instructional

  6  methods to be used, and any distinctive instructional

  7  techniques to be employed.

  8         3.  The current incoming baseline standard of student

  9  academic achievement, and the outcomes to be achieved, and the

10  method of measurement that will be used. This section shall

11  include a detailed description for each of the following:

12         a.  How the baseline student academic achievement

13  levels and prior rates of academic progress will be

14  established;

15         b.  How these baseline rates will be compared to rates

16  of academic progress achieved by these same students while

17  attending the charter school; and

18         c.  To the extent possible, how these rates of progress

19  will be evaluated and compared with rates of progress of other

20  closely comparable student populations.

21         4.  The methods used to identify the educational

22  strengths and needs of students and how well educational goals

23  and performance standards are met by students attending the

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

25  minimum, participate in the statewide assessment program.

26         5.  In secondary charter schools, a method for

27  determining that a student has satisfied the requirements for

28  graduation in s. 232.246.

29         6.  A method for resolving conflicts between the

30  governing body of the charter school and the sponsor.

31


                                  5

CODING: Words stricken are deletions; words underlined are additions.






                                       CS/HB 2147, First Engrossed



  1         7.  The admissions procedures and dismissal procedures,

  2  including the school's code of student conduct.

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

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

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

  6  same school district.

  7         9.  The financial and administrative management of the

  8  school, including a reasonable demonstration of the

  9  professional experience or competence of those individuals or

10  organizations applying to operate the charter school or those

11  hired or retained to perform such professional services. Both

12  public sector and private sector professional experience shall

13  be equally valid in such a consideration.

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

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

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

17  thereof and the amounts of coverage.

18         11.  The term of the charter which shall provide for

19  cancellation of the charter if insufficient progress has been

20  made in attaining the student achievement objectives of the

21  charter and if it is not likely that such objectives can be

22  achieved before expiration of the charter. The initial term of

23  a charter shall be for 3, 4, or 5 years. In order to

24  facilitate access to long-term financial resources for charter

25  school construction, charter schools that are operated by a

26  municipality or other public entity as provided by law are

27  eligible for up to a 15-year charter, subject to approval by

28  the local school board. In addition, to facilitate access to

29  long-term financial resources for charter school construction,

30  charter schools that are operated by a private,

31  not-for-profit, 501(c)3 status corporation are eligible for up


                                  6

CODING: Words stricken are deletions; words underlined are additions.






                                       CS/HB 2147, First Engrossed



  1  to a 10-year charter, subject to approval by the local school

  2  board. Such long-term charters remain subject to annual review

  3  and may be terminated during the term of the charter, but only

  4  for specific good cause according to the provisions set forth

  5  in subsection (10).

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

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

  8         14.  The governance structure of the school, including

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

10  employer as required in subsection (7).

11         15.  A timetable for implementing the charter which

12  addresses the implementation of each element thereof and the

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

14  this timetable.

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

16  converted to charter status, alternative arrangements for

17  current students who choose not to attend the charter school

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

19  charter school after conversion in accordance with the

20  existing collective bargaining agreement or school board

21  policy in the absence of a collective bargaining agreement.

22         (b)  A charter may be renewed every 5 school years,

23  provided that a program review demonstrates that the criteria

24  in paragraph (a) have been successfully accomplished. In order

25  to facilitate long-term financing for charter school

26  construction, charter schools operating a minimum of 3 years

27  and demonstrating exemplary academic programming and fiscal

28  management are eligible for a 15-year charter renewal. Such

29  long-term charter is subject to annual review and may be

30  terminated during the term of the charter.

31


                                  7

CODING: Words stricken are deletions; words underlined are additions.






                                       CS/HB 2147, First Engrossed



  1         (c)  A charter may be modified during its initial term

  2  or any renewal term upon the recommendation of the sponsor and

  3  the approval of both parties to the agreement.

  4         (d)  The governing body of the charter school shall

  5  make annual progress reports to its sponsor, which upon

  6  verification shall be forwarded to the Commissioner of

  7  Education at the same time as other annual school

  8  accountability reports.  The report shall contain at least the

  9  following information:

10         1.  The charter school's progress towards achieving the

11  goals outlined in its charter.

12         2.  The information required in the annual school

13  report pursuant to s. 229.592.

14         3.  Financial records of the charter school, including

15  revenues and expenditures.

16         4.  Salary and benefit levels of charter school

17  employees.

18         (e)  A sponsor shall ensure that the charter is

19  innovative and consistent with the state education goals

20  established by s. 229.591.

21         (f)  Upon receipt of the annual report required by

22  paragraph (d), the Department of Education shall provide to

23  the State Board of Education, the Commissioner of Education,

24  the President of the Senate, and the Speaker of the House of

25  Representatives an analysis and comparison of the overall

26  performance of charter school students, to include all

27  students whose scores are counted as part of the

28  norm-referenced assessment tests, versus comparable public

29  school students in the district as determined by

30  norm-referenced assessment tests currently administered in the

31  school district, and, as appropriate, the Florida Writes


                                  8

CODING: Words stricken are deletions; words underlined are additions.






                                       CS/HB 2147, First Engrossed



  1  Assessment Test, the High School Competency Test, and other

  2  assessments administered pursuant to s. 229.57(3).

  3         (g)  Whenever a municipality has submitted charter

  4  applications for the establishment of a charter school feeder

  5  pattern (elementary, middle, and senior high schools), and

  6  upon approval of each individual charter application by the

  7  district school board, such applications will then be

  8  designated as one charter for all purposes listed pursuant to

  9  this section.

10         (12)  EMPLOYEES OF CHARTER SCHOOLS.--

11         (f)  Teachers employed by or under contract to a

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

13  A charter school governing board may employ or contract with

14  skilled selected noncertified personnel to provide

15  instructional services or to assist instructional staff

16  members as education paraprofessionals in the same manner as

17  defined in chapter 231, and as provided by State Board of

18  Education rule for charter school governing boards. A charter

19  school may not employ an individual to provide instructional

20  services or to serve as an education paraprofessional if the

21  individual's certification or licensure as an educator is

22  suspended or revoked by this or any other state. A charter

23  school may not knowingly employ an individual who has resigned

24  from a school district in lieu of disciplinary action with

25  respect to child welfare or safety, or who has been dismissed

26  for just cause by any school district with respect to child

27  welfare or safety. The qualifications of teachers shall be

28  disclosed to parents.

29         (g)  A charter school shall employ or contract with

30  employees who have been fingerprinted as provided in s.

31  231.02. Members of the governing board of the charter school


                                  9

CODING: Words stricken are deletions; words underlined are additions.






                                       CS/HB 2147, First Engrossed



  1  shall also be fingerprinted in a manner similar to that

  2  provided in s. 231.02 prior to approval of the charter.

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

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

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

  6  enrolled in other public schools in the school district.

  7  Funding for a chartered developmental research school shall be

  8  as provided in s. 228.053(9).

  9         (d)  If the district school board is providing programs

10  or services to students funded by federal funds, any eligible

11  students enrolled in charter schools in the school district

12  shall be provided federal funds for the same level of service

13  provided students in the schools operated by the district

14  school board. Pursuant to provisions of 20 U.S.C. 8061 s.

15  10306, all charter schools shall receive all federal funding

16  for which the school is otherwise eligible, including Title I

17  funding, not later than 5 months after the charter school

18  first opens and within 5 months after any subsequent expansion

19  of enrollment.

20         (20)  REVIEW.--

21         (a)  The Department of Education shall regularly

22  convene a Charter School Review Panel in order to review

23  issues, practices, and policies regarding charter schools. The

24  composition of the review panel shall include individuals with

25  experience in finance, administration, law, education, and

26  school governance, and individuals familiar with charter

27  school construction and operation. The panel shall include two

28  appointees each from the Commissioner of Education, the

29  President of the Senate, and the Speaker of the House of

30  Representatives. The Governor shall appoint three members of

31  the panel, and shall designate the chair. Each member of the


                                  10

CODING: Words stricken are deletions; words underlined are additions.






                                       CS/HB 2147, First Engrossed



  1  panel shall serve a 1-year term, unless renewed by the office

  2  making the appointment. The panel shall make recommendations

  3  to the Legislature, to the Department of Education, to charter

  4  schools, and to school districts for improving charter school

  5  operations and oversight and for ensuring best business

  6  practices at and fair business relationships with charter

  7  schools.

  8         (b)  The Legislature shall review the operation of

  9  charter schools during the 2000 Regular Session of the

10  Legislature.

11         Section 2.  Subsections (1), (2), (5), and (6) of

12  section 228.0561, Florida Statutes, 1998 Supplement, are

13  amended to read:

14         228.0561  Charter schools capital outlay funding.--

15         (1)  In each year in which funds are appropriated for

16  charter school capital outlay purposes from the Public

17  Education Capital Outlay and Debt Service Trust Fund for

18  charter schools, the Commissioner of Education shall allocate

19  the funds among eligible charter schools.  To be eligible for

20  a funding allocation, a charter school must meet the

21  provisions of subsection (6), must have received final

22  approval from its sponsor pursuant to s. 228.056 for operation

23  during that fiscal year, and must serve students in facilities

24  that are not provided by the charter school's sponsor.  Prior

25  to the release of capital outlay funds to a school district on

26  behalf of the charter school, the Department of Education

27  shall ensure that the district school board and the charter

28  school governing board enter into a written agreement that

29  includes provisions for the reversion of any unencumbered

30  funds and all equipment and property purchased with public

31  education funds to the ownership of the district school board,


                                  11

CODING: Words stricken are deletions; words underlined are additions.






                                       CS/HB 2147, First Engrossed



  1  as provided for in subsection (3) attaching a lien to property

  2  that has been improved through the use of these funds, in the

  3  event that the school terminates operations.  Any funds

  4  recovered by the state shall be deposited in the General

  5  Revenue Fund Public Education Capital Outlay and Debt Service

  6  Trust Fund.  A charter school is not eligible for a funding

  7  allocation if it was created by the conversion of a public

  8  school and operates in facilities provided by the charter

  9  school's sponsor for a nominal fee or at no charge. Unless

10  otherwise provided in the General Appropriations Act, the

11  funding allocation for each eligible charter school shall be

12  determined by multiplying the school's projected student

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

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

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

16  not sufficient, the commissioner shall prorate the available

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

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

19  projected enrollment as provided in this section.  The

20  commissioner shall adjust subsequent distributions as

21  necessary to reflect each charter school's actual student

22  enrollment.  The commissioner shall establish the intervals

23  and procedures for determining the projected and actual

24  student enrollment of eligible charter schools.  If a school

25  district chooses to share funding for the capital outlay

26  purposes described in subsection (2) with the applicable

27  charter school or charter schools, any allocation of charter

28  school capital outlay funds from the Public Education Capital

29  Outlay and Debt Service Trust Fund allocation to the charter

30  school or charter schools shall be reduced by the amount

31  shared.


                                  12

CODING: Words stricken are deletions; words underlined are additions.






                                       CS/HB 2147, First Engrossed



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

  2  school capital outlay funds with the school board's permission

  3  may use funds from the Public Education Capital Outlay and

  4  Debt Service Trust Fund for any capital outlay purpose that is

  5  directly related to the functioning of the charter school,

  6  including the:

  7         (a)  Purchase of real property.

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

  9  of school facilities.

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

11  relocatable school facilities.

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

13  from the charter school.

14         (5)  The annual legislative budget request of the

15  Department of Education shall include a request for capital

16  outlay funding for charter schools from the Public Education

17  Capital Outlay and Debt Service Trust Fund.  The request shall

18  be based on the projected number of students to be served in

19  charter schools who meet the eligibility requirements of this

20  section.

21         (6)(a)  Effective July 1, 1998, any charter school

22  which has been in continuous operation in the district in

23  which its charter was approved for at least two school years

24  immediately preceding the school year in which the school

25  seeks an appropriation from the Public Education Capital

26  Outlay and Debt Service Trust Fund shall be eligible to

27  receive funds from that trust fund.  No other charter schools

28  are eligible to receive funds from the Public Education

29  Capital Outlay and Debt Service Trust Fund.

30         (b)  Unless authorized otherwise by the Legislature,

31  allocation and proration of charter school capital outlay


                                  13

CODING: Words stricken are deletions; words underlined are additions.






                                       CS/HB 2147, First Engrossed



  1  funds from the Public Education Capital Outlay and Debt

  2  Service Trust Fund shall be made to eligible charter schools

  3  by the Commissioner of Education in an amount and in a manner

  4  authorized by subsection (1), and only schools eligible for

  5  such funds in this subsection shall be considered "eligible

  6  charter schools" for such an allocation or proration.

  7         (c)  There is appropriated from the Public Education

  8  Capital Outlay and Debt Service Trust Fund in fiscal year

  9  1998-1999 the amount of $5 million to be used for capital

10  outlay purposes of charter schools eligible under this

11  subsection and allocated or prorated in an amount and in a

12  manner authorized by this subsection.  This paragraph shall be

13  repealed July 1, 1999.

14         Section 3.  Subsection (7) of section 235.42, Florida

15  Statutes, 1998 Supplement, is amended to read:

16         235.42  Educational and ancillary plant construction

17  funds; Public Education Capital Outlay and Debt Service Trust

18  Fund; allocation of funds.--

19         (7)  Boards and entities authorized to participate in

20  the trust fund are district school boards, the community

21  college district boards of trustees, the Trustees of the

22  Florida School for the Deaf and the Blind, the Board of

23  Regents, charter schools only if eligible pursuant to s.

24  228.0561(6), and other units of the state system of public

25  education, and other educational entities defined in s.

26  228.041 for which funds are authorized by the Legislature.

27         Section 4.  Subsection (9) is added to section 228.057,

28  Florida Statutes, to read:

29         228.057  Public school parental choice.--

30         (9)  Each school district shall annually report the

31  number of students applying for and attending the various


                                  14

CODING: Words stricken are deletions; words underlined are additions.






                                       CS/HB 2147, First Engrossed



  1  types of public schools of choice in the district, including

  2  schools such as magnet schools and public charter schools,

  3  according to rules adopted by the State Board of Education.

  4         Section 5.  Effective upon this act becoming a law,

  5  section 228.058, Florida Statutes, is created to read:

  6         228.058  Charter School Districts Pilot Program.--The

  7  State Board of Education is authorized to enter into a

  8  performance contract with up to six school districts for the

  9  purpose of establishing them as charter school districts. The

10  State Board of Education shall give priority to Hillsborough

11  and Volusia Counties upon the submission of a completed

12  precharter agreement or charter proposal for a charter school

13  district.  The purpose of this pilot program is to examine a

14  new relationship between the State Board of Education and

15  school districts that may produce significant improvements in

16  student achievement and school management, while complying

17  with constitutional requirements assigned to each entity.

18         (1)  CHARTER DISTRICT.--A charter school district is a

19  school district in Florida in which the school board has

20  submitted and the state board has approved a charter proposal

21  that exchanges statutory and rule exemption for agreement to

22  meet performance goals in the proposal.  The charter school

23  district shall be chartered for 3 years, at the end of which

24  the performance shall be evaluated.

25         (2)  EXEMPTION FROM STATUTES AND RULES.--Charter school

26  districts shall be exempt from state statutes and state board

27  rules as provided in s. 228.056.  The school board of a

28  charter school district shall not be exempt from any statute

29  governing election of board members, public meetings and

30  public records requirements, financial disclosure, conflicts

31


                                  15

CODING: Words stricken are deletions; words underlined are additions.






                                       CS/HB 2147, First Engrossed



  1  of interest, operation in the sunshine, or other provisions

  2  outside the Florida School Code.

  3         (3)  GOVERNING BOARD.--The governing board of the

  4  charter school district shall be the duly elected school

  5  board.  The school board shall be responsible for supervising

  6  the schools in the charter district and is authorized to

  7  charter each of its existing public schools pursuant to s.

  8  228.056, apply for deregulation of its public schools pursuant

  9  to s. 228.0565, or otherwise establish performance-based

10  contractual relationships with its public schools for the

11  purpose of giving them greater autonomy with accountability

12  for performance.

13         (4)  CHARTER PROPOSAL.--Competitive charter proposal

14  applications shall be accepted by the State Board of Education

15  no later than October 30, 1999.  The charter proposal shall

16  include, but not be limited to:

17         (a)  Authorization for participation in the pilot

18  program approved in an open school board meeting.

19         (b)  The vision of what the school board proposes to

20  accomplish by becoming a charter school district.

21         (c)  A management plan for reaching performance goals,

22  including an anticipated list of the statutes and rules from

23  which the school board desires exemption and the purpose of

24  the exemption.

25         (d)  The performance goals proposed by the school

26  board, the measures to be used to assess progress, the

27  district's current baseline status with respect to the goals,

28  and the timeframe for accomplishing the goals.

29         (e)  A plan for chartering, deregulating, or otherwise

30  freeing schools in the district from state statutes and rules

31  and school board policies and procedures.  This portion may


                                  16

CODING: Words stricken are deletions; words underlined are additions.






                                       CS/HB 2147, First Engrossed



  1  include a phased-in approach, but shall be included as a

  2  performance goal.

  3         (f)  Agreement to file an annual report of progress to

  4  the state board.

  5         (g)  Any other provisions required by state board rule.

  6         (5)  PRECHARTER AGREEMENT.--The state board is

  7  authorized to approve a precharter agreement with a potential

  8  charter district.  The agreement may grant limited flexibility

  9  and direction for developing the full charter proposal.

10         (6)  TIME PERIOD FOR PILOT.--The pilot program shall be

11  authorized for a period of 3 full school years commencing with

12  award of a charter. The charter may be renewed upon action of

13  the state board.

14         (7)  REPORTS.--The state board shall annually report on

15  the implementation of the charter school district pilot

16  program.  Upon the completion of the first 3-year term, the

17  state board, through the Commissioner of Education, shall

18  submit to the Legislature a full evaluation of the

19  effectiveness of the program.

20         (8)  RULEMAKING.--The State Board of Education shall

21  have the authority to enact rules to implement this section in

22  accordance with ss. 120.536 and 120.54.

23         Section 6.  Any arrangement entered into to borrow or

24  otherwise secure funds for a charter school authorized in

25  section 228.056, Florida Statutes, from a source other than

26  the state or a school district shall indemnify the state and

27  the school district from any and all liability, including but

28  not limited to financial responsibility for the payment of the

29  principal or interest.  Any loans, bonds, or other financial

30  agreements are not obligations of the state or the school

31  district but are obligations of the charter school authority


                                  17

CODING: Words stricken are deletions; words underlined are additions.






                                       CS/HB 2147, First Engrossed



  1  and are payable solely from the sources of funds pledged by

  2  such agreement.  The credit or taxing power of the state or

  3  the school district shall not be pledged and no debts shall be

  4  payable out of any moneys except those of the legal entity in

  5  possession of a valid charter approved by a district school

  6  board pursuant to section 228.056, Florida Statutes.

  7         Section 7.  Except as otherwise provided herein, this

  8  act shall take effect July 1, 1999.

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  18