House Bill 2147er

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  1

  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         providing 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


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  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 from certain

25         liability; providing effective 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), subsections (7) and (9), paragraphs (f)

31  and (g) of subsection (12), paragraph (d) of subsection (13),


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  1  and subsection (20) of section 228.056, Florida Statutes, 1998

  2  Supplement, are amended to read:

  3         228.056  Charter schools.--

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

  5  charter school in the county over which the board has

  6  jurisdiction.

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

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

  9  shall receive charter school applications through at least

10  November 15 February 1 of each calendar year for charter

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

12  next school year.  A district school board may receive

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

14  facilitate an accurate budget projection process, a district

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

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

17  school applications after the FTE projection deadline.  A

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

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

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

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

22  specific reasons based upon good cause supporting its denial

23  of the charter application. Upon approval of a charter

24  application, the initial startup must be consistent with the

25  beginning of the public school calendar for the district in

26  which the charter is granted unless the district school board

27  allows a waiver of this provision for good cause.

28         (6)  ELIGIBLE STUDENTS.--

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

30  covered in an interdistrict agreement or residing in the

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


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  1  eligible student shall be allowed interdistrict transfer to

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

  3  public school converts to charter status, enrollment

  4  preference shall be given to students who would have otherwise

  5  attended that public school. A charter school may give

  6  enrollment preference to a sibling of a student enrolled in

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

  8  charter school.

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

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

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

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

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

14  charter school may participate in the Florida Retirement

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

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

17  Florida Retirement System, the charter school employees shall

18  be compulsory members of the Florida Retirement System. As

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

20  contract for services with an individual or group of

21  individuals who are organized as a partnership or a

22  cooperative. Individuals or groups of individuals who contract

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

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

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

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

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

28  hearing to ensure community input.

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

30  approval of the charter shall be based on:

31


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

  2  and the ages and grades to be included.

  3         2.  The focus of the curriculum, the instructional

  4  methods to be used, and any distinctive instructional

  5  techniques to be employed.

  6         3.  The current incoming baseline standard of student

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

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

  9  include a detailed description for each of the following:

10         a.  How the baseline student academic achievement

11  levels and prior rates of academic progress will be

12  established;

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

14  of academic progress achieved by these same students while

15  attending the charter school; and

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

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

18  closely comparable student populations.

19         4.  The methods used to identify the educational

20  strengths and needs of students and how well educational goals

21  and performance standards are met by students attending the

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

23  minimum, participate in the statewide assessment program.

24         5.  In secondary charter schools, a method for

25  determining that a student has satisfied the requirements for

26  graduation in s. 232.246.

27         6.  A method for resolving conflicts between the

28  governing body of the charter school and the sponsor.

29         7.  The admissions procedures and dismissal procedures,

30  including the school's code of student conduct.

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

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

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

  4  same school district.

  5         9.  The financial and administrative management of the

  6  school, including a reasonable demonstration of the

  7  professional experience or competence of those individuals or

  8  organizations applying to operate the charter school or those

  9  hired or retained to perform such professional services. Both

10  public sector and private sector professional experience shall

11  be equally valid in such a consideration.

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

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

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

15  thereof and the amounts of coverage.

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

17  cancellation of the charter if insufficient progress has been

18  made in attaining the student achievement objectives of the

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

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

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

22  facilitate access to long-term financial resources for charter

23  school construction, charter schools that are operated by a

24  municipality or other public entity as provided by law are

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

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

27  long-term financial resources for charter school construction,

28  charter schools that are operated by a private,

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

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

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


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

  2  for specific good cause according to the provisions set forth

  3  in subsection (10).

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

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

  6         14.  The governance structure of the school, including

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

  8  employer as required in subsection (7).

  9         15.  A timetable for implementing the charter which

10  addresses the implementation of each element thereof and the

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

12  this timetable.

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

14  converted to charter status, alternative arrangements for

15  current students who choose not to attend the charter school

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

17  charter school after conversion in accordance with the

18  existing collective bargaining agreement or school board

19  policy in the absence of a collective bargaining agreement.

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

21  provided that a program review demonstrates that the criteria

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

23  to facilitate long-term financing for charter school

24  construction, charter schools operating a minimum of 3 years

25  and demonstrating exemplary academic programming and fiscal

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

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

28  terminated during the term of the charter.

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

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

31  the approval of both parties to the agreement.


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

  2  make annual progress reports to its sponsor, which upon

  3  verification shall be forwarded to the Commissioner of

  4  Education at the same time as other annual school

  5  accountability reports.  The report shall contain at least the

  6  following information:

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

  8  goals outlined in its charter.

  9         2.  The information required in the annual school

10  report pursuant to s. 229.592.

11         3.  Financial records of the charter school, including

12  revenues and expenditures.

13         4.  Salary and benefit levels of charter school

14  employees.

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

16  innovative and consistent with the state education goals

17  established by s. 229.591.

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

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

20  the State Board of Education, the Commissioner of Education,

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

22  Representatives an analysis and comparison of the overall

23  performance of charter school students, to include all

24  students whose scores are counted as part of the

25  norm-referenced assessment tests, versus comparable public

26  school students in the district as determined by

27  norm-referenced assessment tests currently administered in the

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

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

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

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  1         (g)  Whenever a municipality has submitted charter

  2  applications for the establishment of a charter school feeder

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

  4  upon approval of each individual charter application by the

  5  district school board, such applications will then be

  6  designated as one charter for all purposes listed pursuant to

  7  this section.

  8         (12)  EMPLOYEES OF CHARTER SCHOOLS.--

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

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

11  A charter school governing board may employ or contract with

12  skilled selected noncertified personnel to provide

13  instructional services or to assist instructional staff

14  members as education paraprofessionals in the same manner as

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

16  Education rule for charter school governing boards. A charter

17  school may not employ an individual to provide instructional

18  services or to serve as an education paraprofessional if the

19  individual's certification or licensure as an educator is

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

21  school may not knowingly employ an individual who has resigned

22  from a school district in lieu of disciplinary action with

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

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

25  welfare or safety. The qualifications of teachers shall be

26  disclosed to parents.

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

28  employees who have been fingerprinted as provided in s.

29  231.02. Members of the governing board of the charter school

30  shall also be fingerprinted in a manner similar to that

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


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

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

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

  4  enrolled in other public schools in the school district.

  5  Funding for a chartered developmental research school shall be

  6  as provided in s. 228.053(9).

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

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

  9  students enrolled in charter schools in the school district

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

11  provided students in the schools operated by the district

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

13  10306, all charter schools shall receive all federal funding

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

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

16  first opens and within 5 months after any subsequent expansion

17  of enrollment.

18         (20)  REVIEW.--

19         (a)  The Department of Education shall regularly

20  convene a Charter School Review Panel in order to review

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

22  composition of the review panel shall include individuals with

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

24  school governance, and individuals familiar with charter

25  school construction and operation. The panel shall include two

26  appointees each from the Commissioner of Education, the

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

28  Representatives. The Governor shall appoint three members of

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

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

31  making the appointment. The panel shall make recommendations


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

  2  schools, and to school districts for improving charter school

  3  operations and oversight and for ensuring best business

  4  practices at and fair business relationships with charter

  5  schools.

  6         (b)  The Legislature shall review the operation of

  7  charter schools during the 2000 Regular Session of the

  8  Legislature.

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

10  section 228.0561, Florida Statutes, 1998 Supplement, are

11  amended to read:

12         228.0561  Charter schools capital outlay funding.--

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

14  charter school capital outlay purposes from the Public

15  Education Capital Outlay and Debt Service Trust Fund for

16  charter schools, the Commissioner of Education shall allocate

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

18  a funding allocation, a charter school must meet the

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

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

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

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

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

24  behalf of the charter school, the Department of Education

25  shall ensure that the district school board and the charter

26  school governing board enter into a written agreement that

27  includes provisions for the reversion of any unencumbered

28  funds and all equipment and property purchased with public

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

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

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


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  1  event that the school terminates operations.  Any funds

  2  recovered by the state shall be deposited in the General

  3  Revenue Fund Public Education Capital Outlay and Debt Service

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

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

  6  school and operates in facilities provided by the charter

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

  8  otherwise provided in the General Appropriations Act, the

  9  funding allocation for each eligible charter school shall be

10  determined by multiplying the school's projected student

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

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

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

14  not sufficient, the commissioner shall prorate the available

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

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

17  projected enrollment as provided in this section.  The

18  commissioner shall adjust subsequent distributions as

19  necessary to reflect each charter school's actual student

20  enrollment.  The commissioner shall establish the intervals

21  and procedures for determining the projected and actual

22  student enrollment of eligible charter schools.  If a school

23  district chooses to share funding for the capital outlay

24  purposes described in subsection (2) with the applicable

25  charter school or charter schools, any allocation of charter

26  school capital outlay funds from the Public Education Capital

27  Outlay and Debt Service Trust Fund allocation to the charter

28  school or charter schools shall be reduced by the amount

29  shared.

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

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


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  1  may use funds from the Public Education Capital Outlay and

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

  3  directly related to the functioning of the charter school,

  4  including the:

  5         (a)  Purchase of real property.

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

  7  of school facilities.

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

  9  relocatable school facilities.

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

11  from the charter school.

12         (5)  The annual legislative budget request of the

13  Department of Education shall include a request for capital

14  outlay funding for charter schools from the Public Education

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

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

17  charter schools who meet the eligibility requirements of this

18  section.

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

20  which has been in continuous operation in the district in

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

22  immediately preceding the school year in which the school

23  seeks an appropriation from the Public Education Capital

24  Outlay and Debt Service Trust Fund shall be eligible to

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

26  are eligible to receive funds from the Public Education

27  Capital Outlay and Debt Service Trust Fund.

28         (b)  Unless authorized otherwise by the Legislature,

29  allocation and proration of charter school capital outlay

30  funds from the Public Education Capital Outlay and Debt

31  Service Trust Fund shall be made to eligible charter schools


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

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

  3  such funds in this subsection shall be considered "eligible

  4  charter schools" for such an allocation or proration.

  5         (c)  There is appropriated from the Public Education

  6  Capital Outlay and Debt Service Trust Fund in fiscal year

  7  1998-1999 the amount of $5 million to be used for capital

  8  outlay purposes of charter schools eligible under this

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

10  manner authorized by this subsection.  This paragraph shall be

11  repealed July 1, 1999.

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

13  Statutes, 1998 Supplement, is amended to read:

14         235.42  Educational and ancillary plant construction

15  funds; Public Education Capital Outlay and Debt Service Trust

16  Fund; allocation of funds.--

17         (7)  Boards and entities authorized to participate in

18  the trust fund are district school boards, the community

19  college district boards of trustees, the Trustees of the

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

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

22  228.0561(6), and other units of the state system of public

23  education, and other educational entities defined in s.

24  228.041 for which funds are authorized by the Legislature.

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

26  Florida Statutes, to read:

27         228.057  Public school parental choice.--

28         (9)  Each school district shall annually report the

29  number of students applying for and attending the various

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

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  1  schools such as magnet schools and public charter schools,

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

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

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

  5         228.058  Charter School Districts Pilot Program.--The

  6  State Board of Education is authorized to enter into a

  7  performance contract with up to six school districts for the

  8  purpose of establishing them as charter school districts. The

  9  State Board of Education shall give priority to Hillsborough

10  and Volusia Counties upon the submission of a completed

11  precharter agreement or charter proposal for a charter school

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

13  new relationship between the State Board of Education and

14  school districts that may produce significant improvements in

15  student achievement and school management, while complying

16  with constitutional requirements assigned to each entity.

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

18  school district in Florida in which the school board has

19  submitted and the state board has approved a charter proposal

20  that exchanges statutory and rule exemption for agreement to

21  meet performance goals in the proposal.  The charter school

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

23  the performance shall be evaluated.

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

25  districts shall be exempt from state statutes and state board

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

27  charter school district shall not be exempt from any statute

28  governing election of board members, public meetings and

29  public records requirements, financial disclosure, conflicts

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

31  outside the Florida School Code.


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

  2  charter school district shall be the duly elected school

  3  board.  The school board shall be responsible for supervising

  4  the schools in the charter district and is authorized to

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

  6  228.056, apply for deregulation of its public schools pursuant

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

  8  contractual relationships with its public schools for the

  9  purpose of giving them greater autonomy with accountability

10  for performance.

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

12  applications shall be accepted by the State Board of Education

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

14  include, but not be limited to:

15         (a)  Authorization for participation in the pilot

16  program approved in an open school board meeting.

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

18  accomplish by becoming a charter school district.

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

20  including an anticipated list of the statutes and rules from

21  which the school board desires exemption and the purpose of

22  the exemption.

23         (d)  The performance goals proposed by the school

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

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

26  and the timeframe for accomplishing the goals.

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

28  freeing schools in the district from state statutes and rules

29  and school board policies and procedures.  This portion may

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

31  performance goal.


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

  2  the state board.

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

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

  5  authorized to approve a precharter agreement with a potential

  6  charter district.  The agreement may grant limited flexibility

  7  and direction for developing the full charter proposal.

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

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

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

11  the state board.

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

13  the implementation of the charter school district pilot

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

15  state board, through the Commissioner of Education, shall

16  submit to the Legislature a full evaluation of the

17  effectiveness of the program.

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

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

20  accordance with ss. 120.536 and 120.54.

21         Section 6.  Any arrangement entered into to borrow or

22  otherwise secure funds for a charter school authorized in

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

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

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

26  not limited to financial responsibility for the payment of the

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

28  agreements are not obligations of the state or the school

29  district but are obligations of the charter school authority

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

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


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




    ENROLLED

    1999 Legislature                  CS/HB 2147, Second Engrossed



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

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

  3  possession of a valid charter approved by a district school

  4  board pursuant to section 228.056, Florida Statutes.

  5         Section 7.  Except as otherwise provided herein, this

  6  act shall take effect July 1, 1999.

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