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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 1574

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Horne moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 3, line 18, through

15            page 6, line 25, delete those lines

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17  and insert:

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

19  charter school in the county over which the board has

20  jurisdiction.

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

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

23  shall receive and consider charter school applications

24  received on or before October 1 through at least November 15

25  of each calendar year for charter schools to be opened at the

26  beginning of the school district's next school year, or to be

27  opened at a time agreed to by the applicant and the district

28  school board.  A district school board may receive

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

30  facilitate an accurate budget projection process, a district

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1574

    Amendment No.    





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

 2  school applications after the FTE projection deadline.  A

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

 4  an application no later than 60 calendar days after the

 5  application is received, unless the district school board and

 6  the applicant mutually agree to temporarily postpone the vote

 7  to a specific date, at which time the district school board

 8  must by a majority vote approve or deny the application. If an

 9  application is denied, the district school board must, within

10  10 calendar days, articulate in writing the specific reasons

11  based upon good cause supporting its denial of the charter

12  application. Upon approval of a charter application, the

13  initial startup must be consistent with the beginning of the

14  public school calendar for the district in which the charter

15  is granted unless the district school board allows a waiver of

16  this provision for good cause.

17         (b)  An applicant may appeal any denial of that

18  person's application to the State Board of Education no later

19  than 30 calendar days after the district school board's

20  decision and shall notify the district school board of its

21  appeal.  Any response of the school board shall be submitted

22  to the state board within 30 calendar days after notification

23  of the appeal. The state board must by majority vote accept or

24  reject the decision of the district school board no later than

25  60 calendar days after an appeal is filed in accordance with

26  state board rule.  The state board may reject an appeal

27  submission for failure to comply with procedural rules

28  governing the appeals process.  The rejection shall describe

29  the submission errors.  The appellant may have up to 15

30  calendar days from notice of rejection to resubmit an appeal

31  that meets requirements of rule.  An application for appeal

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1574

    Amendment No.    





 1  submitted subsequent to such rejection shall be considered

 2  timely if the original appeal was filed within 30 calendar

 3  days after the school board denial. The state board shall

 4  remand the application to the district school board with its

 5  written recommendation that the district board approve or deny

 6  the application consistent with the state board's decision.

 7  The decision of the State Board of Education is not subject to

 8  the provisions of the Administrative Procedure Act, chapter

 9  120.

10         (c)  The district school board must act upon the

11  recommendation of the State Board of Education within 30

12  calendar days after it is received. The district board may

13  fail to act in accordance with the recommendation of the state

14  board only for good cause. Good cause for failing to act in

15  accordance with the state board's recommendation arises only

16  if the district school board determines by competent

17  substantial evidence that approving the state board's

18  recommendation would be contrary to law or contrary to the

19  best interests of the pupils or the community. The district

20  school board must articulate in written findings the specific

21  reasons based upon good cause supporting its failure to act in

22  accordance with the state board's recommendation. The district

23  board's action on the state board's recommendation is a final

24  action subject to judicial review.

25         (d)  The Department of Education may provide technical

26  assistance to an applicant upon written request.

27         (e)  Paragraph (a) notwithstanding, a state university

28  may grant a charter to a developmental research school created

29  under s. 228.053.  In considering such charter, the state

30  university must consult with the district school board of the

31  county in which the developmental research school is located.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1574

    Amendment No.    





 1  The decision of a state university may be appealed pursuant to

 2  the procedure established in this subsection.

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

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

 5  applicant in a written contractual agreement, called a

 6  charter. The sponsor shall not impose unreasonable rules or

 7  regulations that violate the intent of giving charter schools

 8  greater flexibility to meet educational goals. The applicant

 9  and sponsor shall have 6 months in which to mutually agree to

10  the provisions of the charter contract.  The Department of

11  Education shall provide mediation services for any dispute

12  regarding this section subsequent to the approval of a charter

13  application, except disputes regarding charter school

14  application denials.  If the Commissioner of Education

15  determines that the dispute cannot be settled through

16  mediation, the dispute may be appealed to an administrative

17  law judge appointed by the Division of Administrative

18  Hearings.  The administrative law judge may rule on issues of

19  equitable treatment of the charter school as a public school,

20  whether proposed provisions of the charter contract violate

21  the intended flexibility granted charter schools by statute,

22  or on any other matter regarding this section except a charter

23  school application denial, and shall award the prevailing

24  party reasonable attorney's fees and costs incurred to be paid

25  by the losing party.  The costs of the administrative hearing

26  shall be paid by the party whom the administrative law judge

27  rules against.

28         (g)  The sponsor shall monitor and review the charter

29  school in its progress towards the goals established in the

30  charter.

31         (h)  The sponsor shall monitor the revenues and

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1574

    Amendment No.    





 1  expenditures of the charter school.

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 3

 4  ================ T I T L E   A M E N D M E N T ===============

 5  And the title is amended as follows:

 6         On page 1, line 4, after the semicolon,

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 8  insert:

 9         revising the date by which charter school

10         applications must be submitted to the district

11         school board; revising the timeframe for

12         charter school approval or denial; requiring

13         the award of reasonable attorney fees and costs

14         incurred to the prevailing party in a charter

15         school dispute;

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