Senate Bill 1574c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
By the Committee on Education
304-1725A-00
1 A bill to be entitled
2 An act relating to charter schools; amending s.
3 228.056, F.S.; revising terminology; clarifying
4 time periods; revising criteria for renewal of
5 a charter; requiring compliance with certain
6 statutes; providing for exemption from ad
7 valorem taxation; amending s. 228.0561, F.S.;
8 changing the formula for charter school
9 facilities funding; revising requirements for
10 reversions of property to a school board;
11 authorizing pilot program grants for the
12 construction of charter school facilities;
13 establishing criteria; amending s. 196.29,
14 F.S.; granting charter schools an exemption
15 from ad valorem taxes; amending s. 236.0817,
16 F.S.; providing for a developmental research
17 school that is issued a charter to be eligible
18 for categorical funding; amending s. 228.053,
19 F.S.; exempting a chartered developmental
20 research school from the requirement that it be
21 of closest geographic proximity to the college
22 of education to which it is affiliated;
23 providing for funding developmental research
24 schools that are issued a charter; revising
25 requirements for determining
26 full-time-equivalent membership; providing for
27 capital outlay funding for a chartered
28 developmental research school; amending s.
29 228.505, F.S.; providing for governance of
30 certain charter technical career centers;
31 providing an effective date.
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
304-1725A-00
1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Section 228.056, Florida Statutes, is
4 amended to read:
5 228.056 Charter schools.--
6 (1) AUTHORIZATION.--The creation of charter schools is
7 hereby authorized. Charter schools shall be part of the
8 state's program of public education. All charter schools in
9 Florida are fully recognized as public schools. A charter
10 school may be formed by creating a new school or converting an
11 existing public school to charter status.
12 (2) PURPOSE.--The purpose of charter schools shall be
13 to:
14 (a) Improve student learning.
15 (b) Increase learning opportunities for all students,
16 with special emphasis on expanded learning experiences for
17 students who are identified as academically low achieving.
18 (c) Encourage the use of different and innovative
19 learning methods.
20 (d) Increase choice of learning opportunities for
21 students.
22 (e) Establish a new form of accountability for
23 schools.
24 (f) Require the measurement of learning outcomes and
25 create innovative measurement tools.
26 (g) Make the school the unit for improvement.
27 (h) Create new professional opportunities for
28 teachers, including the opportunity to own the learning
29 program at the school site.
30 (3) APPLICATION PROPOSAL.--An application A proposal
31 for a new charter school may be made by an individual,
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
304-1725A-00
1 teachers, parents, a group of individuals, a municipality, or
2 a legal entity organized under the laws of this state. The
3 district school board or the principal, teachers, parents,
4 and/or the school advisory council at an existing public
5 school, including a public school-within-a-school that is
6 designated as a school by the district school board, shall
7 submit any application proposal for converting the school to a
8 charter school. An application submitted proposing to convert
9 an existing public school to a charter school shall
10 demonstrate the support of at least 50 percent of the teachers
11 employed at the school and 50 percent of the parents voting
12 whose children are enrolled at the school, provided that a
13 majority of the parents eligible to vote participate in the
14 ballot process, according to procedures established by rules
15 of the state board. A private school, parochial school, or
16 home education program shall not be eligible for charter
17 school status.
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 charter school applications through at least
24 November 15 of each calendar year for charter schools to be
25 opened at the beginning of the school district's next school
26 year. A district school board may receive applications later
27 than this date if it chooses. In order to facilitate an
28 accurate budget projection process, a district school board
29 shall be held harmless for FTE students which are not included
30 in the FTE projection due to approval of charter school
31 applications after the FTE projection deadline. A district
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
304-1725A-00
1 school board must by a majority vote approve or deny an
2 application no later than 60 days after the application is
3 received. If a school board fails to approve or deny the
4 charter application within 60 days, the application is deemed
5 approved. If an application is denied, the district school
6 board must, within 10 calendar days, articulate in writing the
7 specific reasons based upon good cause supporting its denial
8 of the charter application. Upon approval of a charter
9 application, the initial startup must be consistent with the
10 beginning of the public school calendar for the district in
11 which the charter is granted unless the district school board
12 allows a waiver of this provision for good cause.
13 (b) An applicant may appeal any denial of that
14 person's application to the State Board of Education no later
15 than 30 days after the district school board's decision and
16 shall notify the district school board of its appeal. Any
17 response of the school board shall be submitted to the state
18 board within 30 days after notification of the appeal. The
19 state board must by majority vote accept or reject the
20 decision of the district school board no later than 60 days
21 after an appeal is filed in accordance with state board rule.
22 The state board may reject an appeal submission for failure to
23 comply with procedural rules governing the appeals process.
24 The rejection shall describe the submission errors. The
25 appellant may have up to 15 days from notice of rejection to
26 resubmit an appeal that meets requirements of rule. An
27 application for appeal submitted subsequent to such rejection
28 shall be considered timely if the original appeal was filed
29 within 30 days after the school board denial. The state board
30 shall remand the application to the district school board with
31 its written recommendation that the district board approve or
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
304-1725A-00
1 deny the application consistent with the state board's
2 decision. The decision of the State Board of Education is not
3 subject to the provisions of the Administrative Procedure Act,
4 chapter 120.
5 (c) The district school board must act upon the
6 recommendation of the State Board of Education within 30 days
7 after it is received. The district board may fail to act in
8 accordance with the recommendation of the state board only for
9 good cause. Good cause for failing to act in accordance with
10 the state board's recommendation arises only if the district
11 school board determines by competent substantial evidence that
12 approving the state board's recommendation would be contrary
13 to law or contrary to the best interests of the pupils or the
14 community. The district school board must articulate in
15 written findings the specific reasons based upon good cause
16 supporting its failure to act in accordance with the state
17 board's recommendation. The district board's action on the
18 state board's recommendation is a final action subject to
19 judicial review.
20 (d) The Department of Education may provide technical
21 assistance to an applicant upon written request.
22 (e) Paragraph (a) notwithstanding, a state university
23 may grant a charter to a developmental research school created
24 under s. 228.053. In considering such charter, the state
25 university must consult with the district school board of the
26 county in which the developmental research school is located.
27 The decision of a state university may be appealed pursuant to
28 the procedure established in this subsection.
29 (f) The terms and conditions for the operation of a
30 charter school shall be set forth by the sponsor and the
31 applicant in a written contractual agreement called a charter.
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
304-1725A-00
1 The sponsor shall not impose unreasonable rules or regulations
2 that violate the intent of giving charter schools greater
3 flexibility to meet educational goals. The applicant and
4 sponsor shall have 6 months in which to mutually agree to the
5 provisions of the charter contract. The Department of
6 Education shall provide mediation services for any dispute
7 regarding this section subsequent to the approval of a charter
8 application, except disputes regarding charter school
9 application denials. If the Commissioner of Education
10 determines that the dispute cannot be settled through
11 mediation, the dispute may be appealed to an administrative
12 law judge appointed by the Division of Administrative
13 Hearings. The administrative law judge may rule on issues of
14 equitable treatment of the charter school as a public school,
15 whether proposed provisions of the charter contract violate
16 the intended flexibility granted charter schools by statute,
17 or on any other matter regarding this section except a charter
18 school application denial. The costs of the administrative
19 hearing shall be paid by the party whom the administrative law
20 judge rules against.
21 (g) The sponsor shall monitor and review the charter
22 school in its progress towards the goals established in the
23 charter.
24 (h) The sponsor shall monitor the revenues and
25 expenditures of the charter school.
26 (5) NUMBER OF SCHOOLS.--The number of newly created
27 charter schools or existing public schools which may convert
28 to charter schools is limited to no more than 28 in each
29 school district that has 100,000 or more students, no more
30 than 20 in each school district that has 50,000 to 99,999
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
304-1725A-00
1 students, and no more than 12 in each school district with
2 fewer than 50,000 students.
3 (6) ELIGIBLE STUDENTS.--
4 (a) A charter school shall be open to any student
5 covered in an interdistrict agreement or residing in the
6 school district in which the charter school is located;
7 however, in the case of a developmental research school
8 created under s. 228.053 to which a charter has been issued
9 under paragraph (4)(e), the charter school shall be open to
10 any student eligible to attend the developmental research
11 school as provided in s. 228.053 or residing in the school
12 district in which the charter school is located. Any eligible
13 student shall be allowed interdistrict transfer to attend a
14 charter school when based on good cause. When a public school
15 converts to charter status, enrollment preference shall be
16 given to students who would have otherwise attended that
17 public school. A charter school may give enrollment preference
18 to a sibling of a student enrolled in the charter school or to
19 the child of an employee of the charter school.
20 (b) The charter school shall enroll an eligible
21 student who submits a timely application, unless the number of
22 applications exceeds the capacity of a program, class, grade
23 level, or building. In such case, all applicants shall have an
24 equal chance of being admitted through a random selection
25 process.
26 (c) A charter school may limit the enrollment process
27 only to target the following student populations:
28 1. Students within specific age groups or grade
29 levels.
30
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
304-1725A-00
1 2. Students considered at risk of dropping out of
2 school or academic failure. Such students shall include
3 exceptional education students.
4 3. Students enrolling in a charter
5 school-in-the-workplace established pursuant to subsection
6 (22).
7 4. Students residing within a reasonable distance of
8 the charter school, as described in paragraph (13)(c). Such
9 students shall be subject to a random lottery and to the
10 racial/ethnic balance provisions described in subparagraph
11 (9)(a)8. or any federal provisions which require a school to
12 achieve a racial/ethnic balance reflective of the community it
13 serves or within the racial/ethnic range of other public
14 schools in the same school district.
15 (d) A student may withdraw from a charter school at
16 any time and enroll in another public school as determined by
17 school board policy.
18 (e) Students with handicapping conditions and students
19 served in English for Speakers of Other Languages programs
20 shall have an equal opportunity of being selected for
21 enrollment in a charter school.
22 (7) LEGAL ENTITY.--A charter school shall organize as,
23 or be operated by, a nonprofit organization. A charter school
24 may be operated by a municipality or other public entity as
25 provided for by law. As such, the charter school may be either
26 a private or a public employer. As a public employer, a
27 charter school may participate in the Florida Retirement
28 System upon application and approval as a "covered group"
29 under s. 121.021(34). If a charter school participates in the
30 Florida Retirement System, the charter school employees shall
31 be compulsory members of the Florida Retirement System. As
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
304-1725A-00
1 either a private or a public employer, a charter school may
2 contract for services with an individual or group of
3 individuals who are organized as a partnership or a
4 cooperative. Individuals or groups of individuals who contract
5 their services to the charter school are not public employees.
6 (8) REQUIREMENTS.--
7 (a) A charter school shall be nonsectarian in its
8 programs, admission policies, employment practices, and
9 operations.
10 (b) A charter school shall admit students as provided
11 in subsection (6).
12 (c) A charter school shall be accountable to its
13 sponsor for performance as provided in subsection (9).
14 (d) A charter school shall not charge tuition or fees,
15 except those fees normally charged by other public schools;
16 however, a developmental research school to which a charter
17 has been issued pursuant to paragraph (4)(e), may charge a
18 student activity and service fee as provided in s. 228.053(5).
19 (e) A charter school shall meet all applicable state
20 and local health, safety, and civil rights requirements.
21 (f) A charter school shall not violate the
22 antidiscrimination provisions of s. 228.2001.
23 (g) A charter school shall be subject to an annual
24 financial audit in a manner similar to that of a school
25 district.
26 (h) No organization shall hold more than 15 charters
27 statewide.
28 (9) CALCULATION OF TIME.--Unless provided otherwise,
29 time periods referenced in this section shall be calculated by
30 calendar days.
31
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
304-1725A-00
1 (10)(9) CHARTER.--The major issues involving the
2 operation of a charter school shall be considered in advance
3 and written into the charter. The charter shall be signed by
4 the governing body of the charter school and the sponsor,
5 following a public hearing to ensure community input.
6 (a) The charter shall address, and criteria for
7 approval of the charter shall be based on:
8 1. The school's mission, the students to be served,
9 and the ages and grades to be included.
10 2. The focus of the curriculum, the instructional
11 methods to be used, and any distinctive instructional
12 techniques to be employed.
13 3. The current incoming baseline standard of student
14 academic achievement, the outcomes to be achieved, and the
15 method of measurement that will be used. This section shall
16 include a detailed description for each of the following:
17 a. How the baseline student academic achievement
18 levels and prior rates of academic progress will be
19 established;
20 b. How these baseline rates will be compared to rates
21 of academic progress achieved by these same students while
22 attending the charter school; and
23 c. To the extent possible, how these rates of progress
24 will be evaluated and compared with rates of progress of other
25 closely comparable student populations.
26 4. The methods used to identify the educational
27 strengths and needs of students and how well educational goals
28 and performance standards are met by students attending the
29 charter school. Students in charter schools shall, at a
30 minimum, participate in the statewide assessment program.
31
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
304-1725A-00
1 5. In secondary charter schools, a method for
2 determining that a student has satisfied the requirements for
3 graduation in s. 232.246.
4 6. A method for resolving conflicts between the
5 governing body of the charter school and the sponsor.
6 7. The admissions procedures and dismissal procedures,
7 including the school's code of student conduct.
8 8. The ways by which the school will achieve a
9 racial/ethnic balance reflective of the community it serves or
10 within the racial/ethnic range of other public schools in the
11 same school district.
12 9. The financial and administrative management of the
13 school, including a reasonable demonstration of the
14 professional experience or competence of those individuals or
15 organizations applying to operate the charter school or those
16 hired or retained to perform such professional services. Both
17 public sector and private sector professional experience shall
18 be equally valid in such a consideration.
19 10. The manner in which the school will be insured,
20 including whether or not the school will be required to have
21 liability insurance, and, if so, the terms and conditions
22 thereof and the amounts of coverage.
23 11. The term of the charter which shall provide for
24 cancellation of the charter if insufficient progress has been
25 made in attaining the student achievement objectives of the
26 charter and if it is not likely that such objectives can be
27 achieved before expiration of the charter. The initial term of
28 a charter shall be for 3, 4, or 5 years. In order to
29 facilitate access to long-term financial resources for charter
30 school construction, charter schools that are operated by a
31 municipality or other public entity as provided by law are
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
304-1725A-00
1 eligible for up to a 15-year charter, subject to approval by
2 the local school board. In addition, to facilitate access to
3 long-term financial resources for charter school construction,
4 charter schools that are operated by a private,
5 not-for-profit, s. 501(c)(3) status corporation are eligible
6 for up to a 10-year charter, subject to approval by the local
7 school board. Such long-term charters remain subject to annual
8 review and may be terminated during the term of the charter,
9 but only for specific good cause according to the provisions
10 set forth in subsection (10).
11 12. The facilities to be used and their location.
12 13. The qualifications to be required of the teachers.
13 14. The governance structure of the school, including
14 the status of the charter school as a public or private
15 employer as required in subsection (7).
16 15. A timetable for implementing the charter which
17 addresses the implementation of each element thereof and the
18 date by which the charter shall be awarded in order to meet
19 this timetable.
20 16. In the case of an existing public school being
21 converted to charter status, alternative arrangements for
22 current students who choose not to attend the charter school
23 and for current teachers who choose not to teach in the
24 charter school after conversion in accordance with the
25 existing collective bargaining agreement or school board
26 policy in the absence of a collective bargaining agreement.
27 However, alternative arrangements shall not be required for
28 current teachers who choose not to teach in a developmental
29 research school to which a charter has been issued pursuant to
30 paragraph (4)(e), except as authorized by the employment
31
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
304-1725A-00
1 policies of the state university which grants the charter to
2 the developmental research school.
3 (b) A charter may be renewed every 5 school years,
4 provided that a program review demonstrates that the criteria
5 in paragraph (a) have been successfully accomplished. In order
6 to facilitate long-term financing for charter school
7 construction, charter schools operating a minimum of 2 3 years
8 and demonstrating exemplary academic programming and fiscal
9 management are eligible for a 15-year charter renewal. Such
10 long-term charter is subject to annual review and may be
11 terminated during the term of the charter.
12 (c) A charter may be modified during its initial term
13 or any renewal term upon the recommendation of the sponsor or
14 the charter school and the approval of both parties to the
15 agreement.
16 (d) The governing body of the charter school shall
17 make annual progress reports to its sponsor, which upon
18 verification shall be forwarded to the Commissioner of
19 Education at the same time as other annual school
20 accountability reports. The report shall contain at least the
21 following information:
22 1. The charter school's progress towards achieving the
23 goals outlined in its charter.
24 2. The information required in the annual school
25 report pursuant to s. 229.592.
26 3. Financial records of the charter school, including
27 revenues and expenditures.
28 4. Salary and benefit levels of charter school
29 employees.
30
31
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
304-1725A-00
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 state
11 assessment program, versus comparable public school students
12 in the district as determined by the state assessment program
13 currently administered in the school district, and, as
14 appropriate, the Florida Writes Assessment Test, the High
15 School Competency Test, and other assessments administered
16 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 (11)(10) CAUSES FOR NONRENEWAL OR TERMINATION.--
25 (a) At the end of the term of a charter, the sponsor
26 may choose not to renew the charter for any of the following
27 grounds:
28 1. Failure to meet the requirements for student
29 performance stated in the charter.
30 2. Failure to meet generally accepted standards of
31 fiscal management.
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
304-1725A-00
1 3. Violation of law.
2 4. Other good cause shown.
3 (b) During the term of a charter, the sponsor may
4 terminate the charter for any of the grounds listed in
5 paragraph (a).
6 (c) At least 90 days prior to renewing or terminating
7 a charter, the sponsor shall notify the governing body of the
8 school of the proposed action in writing. The notice shall
9 state in reasonable detail the grounds for the proposed action
10 and stipulate that the school's governing body may, within 14
11 days after receiving the notice, request an informal hearing
12 before the sponsor. The sponsor shall conduct the informal
13 hearing within 30 days after receiving a written request. The
14 charter school's governing body may, within 14 days after
15 receiving the sponsor's decision to terminate or refuse to
16 renew the charter, appeal the decision pursuant to the
17 procedure established in subsection (4).
18 (d) A charter may be terminated immediately if the
19 sponsor determines that good cause has been shown or if the
20 health, safety, or welfare of the students is threatened. The
21 school district in which the charter school is located shall
22 assume operation of the school under these circumstances.
23 (e) When a charter is not renewed or is terminated,
24 the school shall be dissolved under the provisions of law
25 under which the school was organized, and any unencumbered
26 funds from the charter school shall revert to the district
27 school board. In the event a charter school is dissolved or
28 is otherwise terminated, all district school board property
29 and improvements, furnishings, and equipment purchased with
30 public funds shall automatically revert to full ownership by
31
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
304-1725A-00
1 the district school board, subject to complete satisfaction of
2 any lawful liens or encumbrances.
3 (f) If a charter is not renewed or is terminated, the
4 governing body of the school is responsible for all debts of
5 the charter school. The district may not assume the debt from
6 any contract for services made between the governing body of
7 the school and a third party, except for a debt that is
8 previously detailed and agreed upon in writing by both the
9 district and the governing body of the school and that may not
10 reasonably be assumed to have been satisfied by the district.
11 (g) If a charter is not renewed or is terminated, a
12 student who attended the school may apply to, and shall be
13 enrolled in, another public school. Normal application
14 deadlines shall be disregarded under such circumstances.
15 (12)(11) EXEMPTION FROM STATUTES.--A charter school
16 shall operate in accordance with its charter and shall be
17 exempt from all statutes of the Florida School Code, except
18 those specifically applying to charter schools and those
19 pertaining to civil rights and student health, safety, and
20 welfare, or as otherwise required by this section. A charter
21 school shall not be exempt from the following statutes:
22 chapter 119, relating to public records, and s. 286.011,
23 relating to public meetings and records, public inspection,
24 and penalties. A charter school must comply with the Florida
25 School Code with respect to providing services to students
26 with disabilities and must comply with the antidiscrimination
27 provisions of s. 228.2001. The sponsor, upon request of a
28 charter school, may apply to the Commissioner of Education for
29 a waiver of provisions of chapters 230 through 239 which are
30 applicable to charter schools under this section, except that
31 the provisions of chapters 236 or 237 shall not be eligible
16
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
304-1725A-00
1 for waiver if the waiver would affect funding allocations or
2 create inequity in public school funding. The commissioner may
3 grant the waiver if necessary to implement the school program.
4 (13)(12) EMPLOYEES OF CHARTER SCHOOLS.--
5 (a) A charter school shall select its own employees. A
6 charter school may contract with its sponsor for the services
7 of personnel employed by the sponsor.
8 (b) Charter school employees shall have the option to
9 bargain collectively. Employees may collectively bargain as a
10 separate unit or as part of the existing district collective
11 bargaining unit as determined by the structure of the charter
12 school.
13 (c) The employees of a conversion charter school shall
14 remain public employees for all purposes, unless such
15 employees choose not to do so.
16 (d) The teachers at a charter school may choose to be
17 part of a professional group that subcontracts with the
18 charter school to operate the instructional program under the
19 auspices of a partnership or cooperative that they
20 collectively own. Under this arrangement, the teachers would
21 not be public employees.
22 (e) Employees of a school district may take leave to
23 accept employment in a charter school upon the approval of the
24 district school board. While employed by the charter school
25 and on leave that is approved by the school board, the
26 employee may retain seniority accrued in that school district
27 and may continue to be covered by the benefit programs of that
28 school district, if the charter school and the district school
29 board agree to this arrangement and its financing. School
30 districts shall not require resignations of teachers desiring
31 to teach in a charter school. This paragraph shall not
17
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
304-1725A-00
1 prohibit a school board from approving alternative leave
2 arrangements consistent with chapter 231.
3 (f) Teachers employed by or under contract to a
4 charter school shall be certified as required by chapter 231.
5 A charter school governing board may employ or contract with
6 skilled selected noncertified personnel to provide
7 instructional services or to assist instructional staff
8 members as education paraprofessionals in the same manner as
9 defined in chapter 231, and as provided by State Board of
10 Education rule for charter school governing boards. A charter
11 school may not employ an individual to provide instructional
12 services or to serve as an education paraprofessional if the
13 individual's certification or licensure as an educator is
14 suspended or revoked by this or any other state. A charter
15 school may not knowingly employ an individual who has resigned
16 from a school district in lieu of disciplinary action with
17 respect to child welfare or safety, or who has been dismissed
18 for just cause by any school district with respect to child
19 welfare or safety. The qualifications of teachers shall be
20 disclosed to parents.
21 (g) A charter school shall employ or contract with
22 employees who have been fingerprinted as provided in s.
23 231.02. Members of the governing board of the charter school
24 shall also be fingerprinted in a manner similar to that
25 provided in s. 231.02 prior to approval of the charter.
26 (14)(13) REVENUE.--Students enrolled in a charter
27 school, regardless of the sponsorship, shall be funded as if
28 they are in a basic program or a special program, the same as
29 students enrolled in other public schools in the school
30 district. Funding for a chartered developmental research
31 school shall be as provided in s. 228.053(9).
18
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
304-1725A-00
1 (a) Each charter school shall report its student
2 enrollment to the district school board as required in s.
3 236.081, and in accordance with the definitions in s. 236.013.
4 The district school board shall include each charter school's
5 enrollment in the district's report of student enrollment.
6 (b) The basis for the agreement for funding students
7 enrolled in a charter school shall be the sum of the school
8 district's operating funds from the Florida Education Finance
9 Program as provided in s. 236.081 and the General
10 Appropriations Act, including gross state and local funds,
11 discretionary lottery funds, and funds from the school
12 district's current operating discretionary millage levy;
13 divided by total funded weighted full-time equivalent students
14 in the school district; multiplied by the weighted full-time
15 equivalent students for the charter school. Charter schools
16 whose students or programs meet the eligibility criteria in
17 law shall be entitled to their proportionate share of
18 categorical program funds included in the total funds
19 available in the Florida Education Finance Program by the
20 Legislature, including transportation. Total funding for each
21 charter school will be recalculated during the year to reflect
22 the revised calculations under the Florida Education Finance
23 Program by the state and the actual weighted full-time
24 equivalent students reported by the charter school during the
25 full-time equivalent student survey periods designated by the
26 Commissioner of Education.
27 (c) Transportation of charter school students shall be
28 provided by the charter school consistent with the
29 requirements of chapter 234. The governing body of the charter
30 school may provide transportation through an agreement or
31 contract with the district school board, a private provider,
19
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
304-1725A-00
1 or parents. The charter school and the sponsor shall cooperate
2 in making arrangements that ensure that transportation is not
3 a barrier to equal access for all students residing within a
4 reasonable distance of the charter school as determined in its
5 charter.
6 (d) If the district school board is providing programs
7 or services to students funded by federal funds, any eligible
8 students enrolled in charter schools in the school district
9 shall be provided federal funds for the same level of service
10 provided students in the schools operated by the district
11 school board. Pursuant to provisions of 20 U.S.C. 8061 s.
12 10306, all charter schools shall receive all federal funding
13 for which the school is otherwise eligible, including Title I
14 funding, not later than 5 months after the charter school
15 first opens and within 5 months after any subsequent expansion
16 of enrollment.
17 (e) Any administrative fee charged by the school
18 district relating to a charter school shall be limited to 5
19 percent of the available funds as defined in paragraph (b).
20 The sponsor shall provide certain administrative and
21 educational services to charter schools at no additional fee.
22 These services shall include contract management services, FTE
23 and data reporting, exceptional student education
24 administration, test administration, processing of teacher
25 certificate data, and information services.
26 (f) School boards shall make every effort to ensure
27 that charter schools receive timely and efficient
28 reimbursement, including processing paperwork required to
29 access special state and federal funding for which they may be
30 eligible. The district school board may distribute funds to a
31 charter school for up to 3 months based on the projected
20
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
304-1725A-00
1 full-time equivalent student membership of the charter school.
2 Thereafter, the results of full-time equivalent student
3 membership surveys must be used in adjusting the amount of
4 funds distributed monthly to the charter school for the
5 remainder of the fiscal year. The payment shall be issued no
6 later than 10 working days after the district school board
7 receives a distribution of state or federal funds. If a
8 warrant for payment is not issued within 30 working days after
9 receipt of funding by the district school board, the school
10 district shall pay to the charter school, in addition to the
11 amount of the scheduled disbursement, interest at a rate of 1
12 percent per month calculated on a daily basis on the unpaid
13 balance from the expiration of the 30-day period until such
14 time as the warrant is issued.
15 (g) If a district school board facility or property is
16 available because it is surplus, marked for disposal, or
17 otherwise unused, it shall be provided for a charter school's
18 use on the same basis as it is made available to other public
19 schools in the district. A charter school receiving property
20 from the school district may not sell or dispose of such
21 property without written permission of the school district.
22 Similarly, for an existing public school converting to charter
23 status, no rental or leasing fee for the existing facility or
24 for the property normally inventoried to the conversion school
25 may be charged by the district school board to the parents and
26 teachers organizing the charter school. The charter
27 organizers shall agree to reasonable maintenance provisions in
28 order to maintain the facility in a manner similar to district
29 school board standards.
30 (h) If other goods and services are made available to
31 the charter school through the contract with the school
21
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
304-1725A-00
1 district, they shall be provided to the charter school at a
2 rate no greater than the district's actual cost. To maximize
3 the use of state funds, school districts shall allow charter
4 schools to participate in the sponsor's bulk purchasing
5 program if applicable.
6 (15)(14) IMMUNITY.--For the purposes of tort
7 liability, the governing body and employees of a charter
8 school shall be governed by s. 768.28.
9 (16)(15) LENGTH OF SCHOOL YEAR.--A charter school
10 shall provide instruction for at least the number of days
11 required by law for other public schools, and may provide
12 instruction for additional days.
13 (17)(16) FACILITIES.--A charter school shall utilize
14 facilities which comply with the State Uniform Building Code
15 for Public Educational Facilities Construction adopted
16 pursuant to s. 235.26 or with applicable state minimum
17 building codes pursuant to chapter 553 and state minimum fire
18 protection codes pursuant to s. 633.025, as adopted by the
19 authority in whose jurisdiction the facility is located. After
20 January 1, 2001, a charter school shall utilize facilities
21 that comply with the Florida Building Code under chapter 553
22 and the Florida Fire Prevention Code under chapter 633. Any
23 portion of a facility used for a charter school shall be
24 exempt from ad valorem taxes for the duration of its use as a
25 charter school.
26 (18)(17) INITIAL COSTS.--A sponsor may approve a
27 charter for a charter school before the applicant has secured
28 space, equipment, or personnel, if the applicant indicates
29 approval is necessary for it to raise working capital.
30 (19)(18) INFORMATION.--The Department of Education
31 shall provide information to the public, directly and through
22
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
304-1725A-00
1 sponsors, both on how to form and operate a charter school and
2 on how to enroll in charter schools once they are created.
3 This information shall include a standard application format
4 which shall include the information specified in subsection
5 (9). This application format may be used by chartering
6 entities.
7 (20)(19) GENERAL AUTHORITY.--A charter school shall
8 not levy taxes or issue bonds secured by tax revenues.
9 (21)(20) REVIEW.--
10 (a) The Department of Education shall regularly
11 convene a Charter School Review Panel in order to review
12 issues, practices, and policies regarding charter schools. The
13 composition of the review panel shall include individuals with
14 experience in finance, administration, law, education, and
15 school governance, and individuals familiar with charter
16 school construction and operation. The panel shall include two
17 appointees each from the Commissioner of Education, the
18 President of the Senate, and the Speaker of the House of
19 Representatives. The Governor shall appoint three members of
20 the panel and shall designate the chair. Each member of the
21 panel shall serve a 1-year term, unless renewed by the office
22 making the appointment. The panel shall make recommendations
23 to the Legislature, to the Department of Education, to charter
24 schools, and to school districts for improving charter school
25 operations and oversight and for ensuring best business
26 practices at and fair business relationships with charter
27 schools.
28 (b) The Legislature shall review the operation of
29 charter schools during the 2005 2000 Regular Session of the
30 Legislature.
31
23
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
304-1725A-00
1 (22)(21) RULEMAKING.--The Department of Education,
2 after consultation with school districts and charter school
3 directors, shall recommend that the State Board of Education
4 adopt rules to implement specific subsections of this section.
5 Such rules shall require minimum paperwork and shall not limit
6 charter school flexibility authorized by statute.
7 (23)(22) CHARTER SCHOOLS-IN-THE-WORKPLACE.--
8 (a) In order to increase business partnerships in
9 education, to reduce school and classroom overcrowding
10 throughout the state, and to offset the high costs for
11 educational facilities construction, the Legislature intends
12 to encourage the formation of business partnership schools or
13 satellite learning centers through charter school status.
14 (b) A charter school-in-the-workplace may be
15 established when a business partner provides the school
16 facility to be used; enrolls students based upon a random
17 lottery which involves all of the children of employees of
18 that business or corporation who are seeking enrollment, as
19 provided for in subsection (6); and enrolls students according
20 to the racial/ethnic balance provisions described in
21 subparagraph (9)(a)8. Any portion of a facility used for a
22 public charter school shall be exempt from ad valorem taxes,
23 as provided for in s. 235.198, for the duration of its use as
24 a public school.
25 Section 2. Section 228.0561, Florida Statutes, is
26 amended to read:
27 228.0561 Charter schools capital outlay funding.--
28 (1) In each year in which funds are appropriated for
29 charter school capital outlay purposes, the Commissioner of
30 Education shall allocate the funds among eligible charter
31 schools. To be eligible for a funding allocation, a charter
24
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
304-1725A-00
1 school must meet the provisions of subsection (6), must have
2 received final approval from its sponsor pursuant to s.
3 228.056 for operation during that fiscal year, and must serve
4 students in facilities that are not provided by the charter
5 school's sponsor. Prior to the release of capital outlay
6 funds to a school district on behalf of the charter school,
7 the Department of Education shall ensure that the district
8 school board and the charter school governing board enter into
9 a written agreement that includes provisions for the reversion
10 of any unencumbered funds and all equipment and property
11 purchased with public education funds to the ownership of the
12 district school board, as provided for in subsection (3), in
13 the event that the school terminates operations. Any funds
14 recovered by the state shall be deposited in the General
15 Revenue Fund. A charter school is not eligible for a funding
16 allocation if it was created by the conversion of a public
17 school and operates in facilities provided by the charter
18 school's sponsor for a nominal fee or at no charge. Unless
19 otherwise provided in the General Appropriations Act, the
20 funding allocation for each eligible charter school shall be
21 determined by multiplying the school's projected student
22 enrollment by one-fifteenth one-thirtieth of the
23 cost-per-student station specified in s. 235.435(6)(b) for an
24 elementary, middle, or high school, as appropriate. If the
25 funds appropriated are not sufficient, the commissioner shall
26 prorate the available funds among eligible charter schools.
27 In the first quarter of the fiscal year, Funds shall be
28 distributed on the basis of the capital outlay
29 full-time-equivalent membership by grade level organization by
30 averaging the results of the second and third enrollment
31 surveys. Sixty percent shall be distributed after the second
25
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
304-1725A-00
1 enrollment survey and the balance as calculated shall be
2 distributed after the third enrollment survey. projected
3 enrollment as provided in this section. The commissioner shall
4 adjust subsequent distributions as necessary to reflect each
5 charter school's actual student enrollment. The commissioner
6 shall establish the intervals and procedures for determining
7 the projected and actual student enrollment of eligible
8 charter schools. If a school district chooses to share
9 funding for the capital outlay purposes described in
10 subsection (2) with the applicable charter school or charter
11 schools, any allocation of charter school capital outlay funds
12 to the charter school or charter schools shall be reduced by
13 the amount shared.
14 (2) A charter school's governing body may use charter
15 school capital outlay funds for any capital outlay purpose
16 that is directly related to the functioning of the charter
17 school, including the:
18 (a) Purchase of real property.
19 (b) Construction, renovation, repair, and maintenance
20 of school facilities.
21 (c) Purchase, lease-purchase, or lease of permanent or
22 relocatable school facilities.
23 (d) Purchase of vehicles to transport students to and
24 from the charter school.
25 (3) When a charter school is nonrenewed or terminated,
26 any unencumbered funds and all equipment and property
27 purchased with public funds shall revert to the ownership of
28 the district school board, as provided for in s.
29 228.056(10)(e) and (f). The reversion of such equipment,
30 property, and furnishings shall focus on recoverable assets,
31 but not on intangible or irrecoverable costs such as rental or
26
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
304-1725A-00
1 leasing fees, normal maintenance, and limited renovations. The
2 reversion of all property secured with public funds is subject
3 to the complete satisfaction of all lawful liens or
4 encumbrances. If there are additional local issues such as the
5 shared use of facilities or partial ownership of facilities or
6 property, these issues shall be agreed to in the charter
7 contract prior to the expenditure of funds.
8 (4) The Commissioner of Education shall specify
9 procedures for submitting and approving requests for funding
10 under this section and procedures for documenting
11 expenditures.
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. The request shall be
15 based on the projected number of students to be served in
16 charter schools who meet the eligibility requirements of this
17 section.
18 (6) Unless authorized otherwise by the Legislature,
19 allocation and proration of charter school capital outlay
20 funds shall be made to eligible charter schools by the
21 Commissioner of Education in an amount and in a manner
22 authorized by subsection (1).
23 (7) The commissioner may award pilot-project grants
24 for charter-school-facilities construction to charter schools
25 that have successfully operated for 2 years prior to applying
26 for the grant and that serve students who:
27 (a) Are in a family having a family income at or below
28 150 percent of the federal poverty level;
29 (b) Are assigned to a public school that received a
30 grade of F in the preceding year;
31
27
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
304-1725A-00
1 (c) Have a diagnosed disability and an individual
2 education plan to address the disability;
3 (d) Have a record of poor school attendance; or
4 (e) Have an adjudication in the juvenile justice
5 system or the criminal justice system.
6
7 The commissioner must award the pilot projects through a
8 competitive-bid process. The Department of Education must
9 provide plan review and other technical assistance during the
10 construction of charter school facilities that are funded by
11 the pilot-project grants.
12 Section 3. Section 196.29, Florida Statutes, is
13 amended to read:
14 196.29 Cancellation of certain taxes on real property
15 acquired by a county, school board, or community college
16 district board of trustees.--Whenever any county, school
17 board, charter school, or community college district board of
18 trustees of this state has heretofore acquired, or shall
19 hereafter acquire, title to any real property, the taxes of
20 all political subdivisions, as defined in s. 1.01, upon such
21 property for the year in which title to such property was
22 acquired, or shall hereafter be acquired, shall be that
23 portion of the taxes levied or accrued against such property
24 for such year which the portion of such year which has expired
25 at the date of such acquisition bears to the entire year, and
26 the remainder of such taxes for such year shall stand
27 canceled.
28 Section 4. Section 236.0817, Florida Statutes, is
29 amended to read:
30 236.0817 Developmental research schools; eligibility
31 for categorical funding.--Categorical funds for developmental
28
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
304-1725A-00
1 research schools, including a developmental research school to
2 which a charter has been issued under s. 228.056(4)(e), shall
3 be allocated pursuant to s. 228.053(9)(a).
4 Section 5. Subsections (2) and (9) of section 228.053,
5 Florida Statutes, are amended to read:
6 228.053 Developmental research schools.--
7 (2) ESTABLISHMENT.--There is established a category of
8 public schools to be known as developmental research schools.
9 Each developmental research school shall provide sequential
10 instruction and shall be affiliated with the college of
11 education within the state university of closest geographic
12 proximity. A developmental research school to which a charter
13 has been issued under s. 228.056(4)(e) must be affiliated with
14 the college of education within the state university that
15 issued the charter, but is not subject to the requirement that
16 the state university be of closest geographic proximity. For
17 the purpose of state funding, Florida Agricultural and
18 Mechanical University, Florida Atlantic University, Florida
19 State University, the University of Florida, and other
20 universities approved by the Board of Regents, the State Board
21 of Education, and the Legislature are authorized to sponsor
22 developmental research schools.
23 (9) FUNDING.--Funding for a developmental research
24 school, including a developmental research school to which a
25 charter has been issued under s. 228.056(4)(e), shall be as
26 follows:
27 (a) Each developmental research school shall be
28 allocated its proportional share of operating funds from the
29 Florida Education Finance Program as provided in s. 236.081
30 and the General Appropriations Act. The nonvoted ad valorem
31 millage that would otherwise be required for developmental
29
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
304-1725A-00
1 research schools shall be allocated from state funds. The
2 required local effort funds calculated pursuant to s. 236.081
3 shall be allocated from state funds to the schools as a part
4 of the allocation of operating funds pursuant to s. 236.081.
5 Each eligible developmental research school shall also receive
6 a proportional share of the sparsity supplement as calculated
7 pursuant to s. 236.081. In addition, each developmental
8 research school shall receive its proportional share of all
9 categorical funds, with the exception of s. 236.083, and new
10 categorical funds enacted after July 1, 1994, for the purpose
11 of elementary or secondary academic program enhancement. The
12 sum of funds available as provided in this paragraph shall be
13 included annually in the Florida Education Finance Program and
14 appropriate categorical programs funded in the General
15 Appropriations Act.
16 (b) There is created a Developmental Research School
17 Educational Facility Trust Fund to be administered by the
18 Commissioner of Education. Allocations from such fund shall be
19 expended solely for the purpose of facility construction,
20 repair, renovation, remodeling, site improvement, or
21 maintenance. The commissioner shall administer the fund in
22 accordance with ss. 235.41-235.435.
23 (c) All operating funds provided under this section
24 shall be deposited in a Developmental Research School Trust
25 Fund in the State Treasury and shall be expended for the
26 purposes of this section. The university assigned a
27 developmental research school shall be the fiscal agent for
28 these funds, and all rules of the university governing the
29 budgeting and expenditure of state funds shall apply to these
30 funds unless otherwise provided by law or rule of the State
31 Board of Education. The Board of Regents shall be the public
30
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
304-1725A-00
1 employer of developmental research school personnel for
2 collective bargaining purposes.
3 (d) Each developmental research school shall receive
4 funds for operating purposes in an amount determined as
5 follows: multiply the maximum allowable nonvoted discretionary
6 millage for operations pursuant to s. 236.25(1) by the value
7 of 95 percent of the current year's taxable value for school
8 purposes for the district in which each developmental research
9 school is located; divide the result by the total full-time
10 equivalent membership of the district; and multiply the result
11 by the full-time equivalent membership of the developmental
12 research school. The amount thus obtained shall be
13 discretionary operating funds and shall be appropriated from
14 state funds in the General Appropriations Act to the
15 Developmental Research School Trust Fund.
16 (e) Each developmental research school shall receive
17 funds for capital improvement purposes in an amount determined
18 as follows: multiply the maximum allowable nonvoted
19 discretionary millage for capital improvements pursuant to s.
20 236.25(2) by the value of 95 percent of the current year's
21 taxable value for school purposes for the district in which
22 each developmental research school is located; divide the
23 result by the total full-time equivalent membership of the
24 district; and multiply the result by the full-time equivalent
25 membership of the developmental research school. The amount
26 thus obtained shall be discretionary capital improvement funds
27 and shall be appropriated from state funds in the General
28 Appropriations Act to the Developmental Research School
29 Educational Facility Trust Fund. For purposes of this
30 paragraph, the full-time equivalent membership of the
31 developmental research school shall not include the 25
31
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
304-1725A-00
1 unweighted full-time equivalent count specified in paragraph
2 (h).
3 (f) In addition to the funds appropriated for capital
4 outlay budget needs, developmental research schools may
5 receive specific funding as specified in the General
6 Appropriations Act for upgrading, renovating, and remodeling
7 science laboratories.
8 (g) Each developmental research school is designated a
9 teacher education center and may provide inservice training to
10 school district personnel. The Department of Education shall
11 provide funds to the Developmental Research School Trust Fund
12 for this purpose from appropriations for inservice teacher
13 education.
14 (h) In addition to capital outlay funds otherwise
15 provided for in this subsection, a developmental research
16 school to which a charter has been issued under s.
17 228.056(4)(e), is eligible to receive funding for charter
18 school capital outlay if it meets the eligibility requirements
19 of s. 228.0561.
20 Section 6. Subsection (4) of section 228.505, Florida
21 Statutes, is amended to read:
22 228.505 Charter technical career centers.--
23 (4) CHARTER.--A sponsor may designate centers as
24 provided in this section. An application to establish a
25 center may be submitted by a sponsor or another organization
26 that is determined, by rule of the State Board of Education,
27 to be appropriate. However, an independent school is not
28 eligible for status as a center. The charter must be signed
29 by the governing body of the center and the sponsor, and must
30 be approved by the district school board and community college
31 board of trustees in whose geographic region the facility is
32
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
304-1725A-00
1 located. If a charter technical career center is established
2 by the conversion to charter status of a public technical
3 center formerly governed by a district school board, the
4 charter status of that center takes precedence in any question
5 of governance. The governance of the center or of any program
6 within the center remains with its board of directors unless
7 the board agrees to a change in governance or its charter is
8 revoked as provided in subsection (15). Such a conversion
9 charter technical career center is not affected by a change in
10 the governance of public technical centers or of programs
11 within other centers that are or have been governed by
12 district school boards. An applicant who wishes to establish a
13 center must submit to the local school board or community
14 college district board of trustees, or a consortium of one or
15 more of each, an application that includes:
16 (a) The name of the proposed center.
17 (b) The proposed structure of the center, including a
18 list of proposed members of the board of directors or a
19 description of the qualifications for and method of their
20 appointment or election.
21 (c) The workforce development goals of the center, the
22 curriculum to be offered, and the outcomes and the methods of
23 assessing the extent to which the outcomes are met.
24 (d) The admissions policy and criteria for evaluating
25 the admission of students.
26 (e) A description of the staff responsibilities and
27 the proposed qualifications of the teaching staff.
28 (f) A description of the procedures to be implemented
29 to ensure significant involvement of representatives of
30 business and industry in the operation of the center.
31
33
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
304-1725A-00
1 (g) A method for determining whether a student has
2 satisfied the requirements for graduation specified in s.
3 232.246 and for completion of a postsecondary certificate or
4 degree.
5 (h) A method for granting secondary and postsecondary
6 diplomas, certificates, and degrees.
7 (i) A description of and address for the physical
8 facility in which the center will be located.
9 (j) A method of resolving conflicts between the
10 governing body of the center and the sponsor and between
11 consortium members, if applicable.
12 (k) A method for reporting student data as required by
13 law and rule.
14 (l) Other information required by the local school
15 board or community college district board of trustees.
16
17 Students at a center must meet the same testing and academic
18 performance standards as those established by law and rule for
19 students at public schools and public technical centers. The
20 students must also meet any additional assessment indicators
21 that are included within the charter approved by the district
22 school board or community college district board of trustees.
23 Section 7. This act shall take effect upon becoming a
24 law.
25
26
27
28
29
30
31
34
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
304-1725A-00
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 SB 1574
3
4 The Committee Substitute differs from SB 1574 in the following
ways:
5
Parents will have the authority to propose converting an
6 existing public school to a charter school.
7 The term days means calendar days unless otherwise specified,
and if a school district fails to approve or deny a charter
8 within 60 days of receipt of an application, the application
will be deemed approved.
9
Either a charter school or a sponsor can request modifications
10 to a charter during the duration of the charter. Both parties
must agree to the change.
11
The period of time during which a charter school must
12 demonstrate exemplary performance before applying for a
fifteen year charter is reduced from 3 years to 2 years.
13
Charter school capital outlay funding will be at an annual
14 rate of 1/15 of a student station, rather than 1/30.
15 The Commissioner of Education is authorized to award pilot
program grants for construction of facilities by charter
16 schools that have successfully operated for two years and that
serve students: whose family income is below 150 percent of
17 the poverty level; who are assigned to a school with a grade
of F; have a diagnosed disability and an individual education
18 plan; have a record of poor school attendance; or have an
adjudication in the juvenile justice system or the criminal
19 justice system.
20 After January 1, 2001, charter schools must use facilities
that comply with the Florida Building Code under chapter 553,
21 F.S., and the Florida Fire Prevention Code under chapter 633,
F.S.
22
A developmental research school that becomes a charter school
23 will be eligible for capital outlay funds as a charter school
and as a developmental research school; will admit students
24 eligible to attend the developmental research school or those
who live in the school district; will not have to provide
25 alternative placement for teachers who chose no to teach at
the charter school unless the university's employment policies
26 authorize such arrangements; will be able to charge a student
activities fee; and will not have to be affiliated with the
27 university in closest proximity to the developmental research
school.
28
A charter technical career center will continue to be
29 sponsored by the school district that granted the charter in
the event that there is a change in governance of public
30 technical centers.
31 The Legislature must review charter schools during the 2005
Legislative Session.
35
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 1574
304-1725A-00
1 Charter schools are granted an ad valorem tax exemption under
s. 196.29, F.S.
2
When a charter school is dissolved or terminated, the property
3 will revert to the school board subject to the complete
satisfaction of any lawful liens or encumbrances.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
36