House Bill 2087

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    Florida House of Representatives - 2000                HB 2087

        By the Committee on Education Innovation and
    Representative Melvin





  1                      A bill to be entitled

  2         An act relating to charter schools; creating s.

  3         220.1835, F.S.; authorizing a tax credit for

  4         businesses that contribute facility space for

  5         use by a public charter school, or a core

  6         facility for use as a public educational

  7         facility, for kindergarten through grade 12;

  8         providing requirements for receipt of the tax

  9         credit; limiting the amount of the tax credit

10         that may be granted annually; amending s.

11         228.056, F.S.; revising who is authorized to

12         submit an application to convert an existing

13         public school to a charter school; prohibiting

14         unlawful reprisals against district school

15         board employees as a result of direct or

16         indirect involvement in an application to

17         establish a charter school; establishing

18         procedures for reviewing and deciding alleged

19         unlawful reprisals; revising the date by which

20         charter school applications must be submitted

21         to the district school board; revising the

22         timeframe for charter school approval or

23         denial; requiring the award of reasonable

24         attorney fees and costs incurred to the

25         prevailing party in a charter school dispute;

26         exempting conversion charter schools from being

27         counted toward the number of charter schools in

28         the district for purposes of a limit;

29         authorizing district school boards or charter

30         school applicants to request an increase of the

31         limit on the number of charter schools in the

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  1         district; authorizing the establishment of

  2         academic, artistic, or other standards as

  3         conditions for eligibility; requiring a charter

  4         school to comply with certain cost accounting

  5         and reporting requirements; requiring a charter

  6         school governing board to consult with the

  7         Department of Education when addressing how

  8         rates of progress will be compared to those of

  9         comparable student populations in the charter;

10         requiring a charter to address the capacity of

11         the charter school; clarifying that a charter

12         may not be renewed if grounds for nonrenewal

13         have been documented; revising the timeframe

14         for notice of renewal or termination of a

15         charter; providing for the division of equity

16         upon charter school nonrenewal or termination;

17         providing notice of a tax credit; defining

18         "information services"; clarifying and

19         conforming terminology; amending s. 228.0561,

20         F.S.; revising the calculation for the funding

21         allocation for charter school capital outlay;

22         providing for the division of equity upon

23         charter school nonrenewal or termination;

24         creating s. 228.0581, F.S.; establishing a

25         statewide conversion charter school pilot

26         program; providing intent and purpose;

27         providing for application for participation in

28         the pilot program by school principals,

29         parents, teachers, or school advisory council

30         members; prohibiting unlawful reprisals as a

31         result of applying to participate in the pilot

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  1         program; providing procedures for reviewing and

  2         deciding alleged unlawful reprisals; providing

  3         requirements for district school boards;

  4         establishing a program selection panel and

  5         providing membership and duties; authorizing

  6         grants to participating districts and

  7         reductions in funding for violations of

  8         requirements; requiring annual progress

  9         reports; providing an effective date.

10

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

12

13         Section 1.  Section 220.1835, Florida Statutes, is

14  created to read:

15         220.1835  Educational facility contribution tax

16  credit.--Beginning July 1, 2001, there shall be allowed a tax

17  credit of 50 percent against the tax imposed by this chapter

18  to any business that contributes facility space for use by a

19  public charter school, or a core facility for use as a public

20  educational facility, for kindergarten through grade 12;

21  provided the business has no financial interest in the charter

22  school.  For purposes of this section, the terms "core

23  facility" and "educational facility" shall be defined by s.

24  235.011.

25         (1)  No business firm shall receive more than $200,000

26  in annual tax credits for all approved contributions under

27  this section made in any 1 year.

28         (2)  The total amount of tax credit which may be

29  granted for all contributions approved under this section

30  shall not exceed $10 million annually.

31

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  1         (3)  The granting of tax credit under this section

  2  shall require the prior approval of the Department of

  3  Education, at the request of the district school board.

  4         (4)  If the credit granted pursuant to this section is

  5  not fully used in any 1 year, the unused amount may be carried

  6  forward for a period not to exceed 5 years. The carryover

  7  credit may be used in a subsequent year when the tax imposed

  8  by this chapter for such year exceeds the credit for such year

  9  under this section after applying the other credits and unused

10  credit carryovers in the order provided in s. 220.02(10).

11         (5)  A taxpayer who files a Florida consolidated return

12  as a member of an affiliated group pursuant to s. 220.131(1)

13  may be allowed the credit on a consolidated return basis.

14         Section 2.  Subsection (3), paragraphs (a), (b), (c),

15  and (f) of subsection (4), subsection (5), paragraph (c) of

16  subsection (6), paragraphs (a) and (b) of subsection (9),

17  paragraphs (c) and (e) of subsection (10), paragraph (g) of

18  subsection (12), paragraph (e) of subsection (13), and

19  subsection (16) of section 228.056, Florida Statutes, are

20  amended, and paragraph (i) is added to subsection (8) of said

21  section, to read:

22         228.056  Charter schools.--

23         (3)  APPLICATION; UNLAWFUL REPRISAL PROPOSAL.--

24         (a)  An application A proposal for a new charter school

25  may be made by an individual, teachers, parents, a group of

26  individuals, a municipality, or a legal entity organized under

27  the laws of this state. The district school board or the

28  principal, teachers, parents, and/or the school advisory

29  council at an existing public school, including a public

30  school-within-a-school that is designated as a school by the

31  district school board, shall submit any application proposal

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  1  for converting the school to a charter school. An application

  2  submitted proposing to convert an existing public school to a

  3  charter school shall demonstrate the support of at least 50

  4  percent of the teachers employed at the school and 50 percent

  5  of the parents voting whose children are enrolled at the

  6  school, provided that a majority of the parents eligible to

  7  vote participate in the ballot process, according to

  8  procedures established by rules of the state board. A private

  9  school, parochial school, or home education program shall not

10  be eligible for charter school status.

11         (b)  No district school board, or district school board

12  employee who has control over personnel actions, shall take

13  unlawful reprisal against another district school board

14  employee because that employee is either directly or

15  indirectly involved with an application to establish a charter

16  school.  As used in this subsection, the term "unlawful

17  reprisal" means an action taken by a district school board or

18  a school system employee against an employee who is directly

19  or indirectly involved in a lawful application to establish a

20  charter school, which occurs as a direct result of that

21  involvement, and which results in one or more of the

22  following: disciplinary or corrective action; adverse transfer

23  or reassignment, whether temporary or permanent; suspension,

24  demotion, or dismissal; an unfavorable performance evaluation;

25  a reduction in pay, benefits, or rewards; elimination of the

26  employee's position absent of a reduction in force as a result

27  of lack of moneys or work; or other adverse significant

28  changes in duties or responsibilities that are inconsistent

29  with the employee's salary or employment classification. The

30  following procedures shall apply to an alleged unlawful

31  reprisal which occurs as a consequence of an employee's direct

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  1  or indirect involvement with an application to establish a

  2  charter school:

  3         1.  Within 60 days after a reprisal prohibited by this

  4  subsection, an employee may file a complaint with the

  5  Department of Education.

  6         2.  Within 3 working days after receiving a complaint

  7  under this section, the department shall acknowledge receipt

  8  of the complaint and provide copies of the complaint and any

  9  other relevant preliminary information available to each of

10  the other parties named in the complaint, which parties shall

11  each acknowledge receipt of such copies to the complainant.

12         3.  If the department determines that the complaint

13  demonstrates reasonable cause to suspect that an unlawful

14  reprisal has occurred, the department shall conduct an

15  investigation to produce a fact-finding report.

16         4.  Within 90 days after receiving the complaint, the

17  department shall provide the superintendent of schools of the

18  complainant's district and the complainant with a fact-finding

19  report that may include recommendations to the parties or

20  proposed resolution of the complaint. The fact-finding report

21  shall be presumed admissible in any subsequent or related

22  administrative or judicial review.

23         5.  If the department determines that reasonable

24  grounds exist to believe that an unlawful reprisal has

25  occurred, is occurring, or is to be taken, and is unable to

26  conciliate a complaint within 60 days after receipt of the

27  fact-finding report, the department shall terminate the

28  investigation. Upon termination of any investigation, the

29  department shall notify the complainant and the superintendent

30  of schools of the termination of the investigation, providing

31  a summary of relevant facts found during the investigation and

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  1  the reasons for terminating the investigation. A written

  2  statement under this paragraph is presumed admissible as

  3  evidence in any judicial or administrative proceeding.

  4         6.  The department shall either contract with the

  5  Division of Administrative Hearings under s. 120.65, or

  6  otherwise provide for a complaint for which the department

  7  determines reasonable grounds exist to believe that an

  8  unlawful reprisal has occurred, is occurring, or is to be

  9  taken, and is unable to conciliate, to be heard by a panel of

10  impartial persons. Upon hearing the complaint, the panel must

11  make findings of fact and conclusions of law for a final

12  decision by the department.

13

14  It shall be an affirmative defense to any action brought

15  pursuant to this section that the adverse action was

16  predicated upon grounds other than, and would have been taken

17  absent, the employee's exercise of rights protected by this

18  section.

19         (c)  In any action brought under this section for which

20  it is determined reasonable grounds exist to believe that an

21  unlawful reprisal has occurred, is occurring, or is to be

22  taken, the relief must include the following:

23         1.  Reinstatement of the employee to the same position

24  held before the unlawful reprisal was commenced, or to an

25  equivalent position, or payment of reasonable front pay as

26  alternative relief.

27         2.  Reinstatement of the employee's full fringe

28  benefits and seniority rights, as appropriate.

29         3.  Compensation, if appropriate, for lost wages,

30  benefits, or other lost remuneration caused by the unlawful

31  reprisal.

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  1         4.  Payment of reasonable costs, including attorney's

  2  fees, to a substantially prevailing employee, or to the

  3  prevailing employer if the employee filed a frivolous action

  4  in bad faith.

  5         5.  Issuance of an injunction, if appropriate, by a

  6  court of competent jurisdiction.

  7         6.  Temporary reinstatement to the employee's former

  8  position or to an equivalent position, pending the final

  9  outcome on the complaint, if it is determined that the action

10  was not made in bad faith or for a wrongful purpose, and did

11  not occur after a district school board's initiation of a

12  personnel action against the employee which includes

13  documentation of the employee's violation of a disciplinary

14  standard or performance deficiency.

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

16  charter school in the county over which the board has

17  jurisdiction.

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

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

20  shall receive and consider charter school applications

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

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

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

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

25  school board.  A district school board may receive

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

27  facilitate an accurate budget projection process, a district

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

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

30  school applications after the FTE projection deadline.  A

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

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  1  an application no later than 60 calendar days after the

  2  application is received, unless the district school board and

  3  the applicant mutually agree to temporarily postpone the vote

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

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

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

  7  10 calendar days, articulate in writing the specific reasons

  8  based upon good cause supporting its denial of the charter

  9  application. Upon approval of a charter application, the

10  initial startup must be consistent with the beginning of the

11  public school calendar for the district in which the charter

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

13  this provision for good cause.

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

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

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

17  decision and shall notify the district school board of its

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

19  to the state board within 30 calendar days after notification

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

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

22  60 calendar days after an appeal is filed in accordance with

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

24  submission for failure to comply with procedural rules

25  governing the appeals process.  The rejection shall describe

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

27  calendar days from notice of rejection to resubmit an appeal

28  that meets requirements of rule.  An application for appeal

29  submitted subsequent to such rejection shall be considered

30  timely if the original appeal was filed within 30 calendar

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

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  1  remand the application to the district school board with its

  2  written recommendation that the district board approve or deny

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

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

  5  the provisions of the Administrative Procedure Act, chapter

  6  120.

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

  8  recommendation of the State Board of Education within 30

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

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

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

12  accordance with the state board's recommendation arises only

13  if the district school board determines by competent

14  substantial evidence that approving the state board's

15  recommendation would be contrary to law or contrary to the

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

17  school board must articulate in written findings the specific

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

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

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

21  action subject to judicial review.

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

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

24  applicant in a written contractual agreement, called a

25  charter. The sponsor shall not impose unreasonable rules or

26  regulations that violate the intent of giving charter schools

27  greater flexibility to meet educational goals. The applicant

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

29  the provisions of the charter contract.  The Department of

30  Education shall provide mediation services for any dispute

31  regarding this section subsequent to the approval of a charter

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  1  application, except disputes regarding charter school

  2  application denials.  If the Commissioner of Education

  3  determines that the dispute cannot be settled through

  4  mediation, the dispute may be appealed to an administrative

  5  law judge appointed by the Division of Administrative

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

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

  8  whether proposed provisions of the charter contract violate

  9  the intended flexibility granted charter schools by statute,

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

11  school application denial, and shall award the prevailing

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

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

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

15  rules against.

16         (5)  NUMBER OF SCHOOLS.--

17         (a)  The number of newly created charter schools or

18  existing public schools which may convert to charter schools

19  is limited to no more than 28 in each school district that has

20  100,000 or more students, no more than 20 in each school

21  district that has 50,000 to 99,999 students, and no more than

22  12 in each school district with fewer than 50,000 students.

23         (b)  An existing public school which converts to a

24  charter school shall not be counted towards the limit

25  established by paragraph (a).

26

27  Notwithstanding any limit established by this subsection, a

28  district school board or a charter school applicant shall have

29  the right to request an increase of the limit on the number of

30  charter schools authorized to be established within the

31  district from the State Board of Education.

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  1         (6)  ELIGIBLE STUDENTS.--

  2         (c)  A charter school may limit the enrollment process

  3  only to target the following student populations:

  4         1.  Students within specific age groups or grade

  5  levels.

  6         2.  Students considered at risk of dropping out of

  7  school or academic failure. Such students shall include

  8  exceptional education students.

  9         3.  Students enrolling in a charter

10  school-in-the-workplace established pursuant to subsection

11  (22).

12         4.  Students residing within a reasonable distance of

13  the charter school, as described in paragraph (13)(c). Such

14  students shall be subject to a random lottery and to the

15  racial/ethnic balance provisions described in subparagraph

16  (9)(a)8. or any federal provisions which require a school to

17  achieve a racial/ethnic balance reflective of the community it

18  serves or within the racial/ethnic range of other public

19  schools in the same school district.

20         5.  Students who meet reasonable academic, artistic, or

21  other reasonable standards that are nondiscriminatory,

22  established by the governing board in accordance with state

23  law and current practice in existing public schools.

24         (8)  REQUIREMENTS.--

25         (i)  In order to provide financial information that is

26  comparable to that reported for other public schools, charter

27  schools are to maintain all financial records which constitute

28  their accounting system in accordance with the accounts and

29  codes prescribed in the most recent issuance of the

30  publication titled "Financial and Program Cost Accounting and

31  Reporting for Florida Schools." Charter schools are to provide

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  1  annual financial report and program cost report information in

  2  the state-required formats for inclusion in district reporting

  3  in compliance with s. 236.02(1). Charter schools which are

  4  operated by a municipality or are a component unit of a parent

  5  nonprofit organization may use the accounting system of the

  6  municipality or the parent, but must reformat this information

  7  for reporting according to this paragraph.

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

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

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

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

12  hearing to ensure community input.

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

14  approval of the charter shall be based on:

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

16  and the ages and grades to be included.

17         2.  The focus of the curriculum, the instructional

18  methods to be used, and any distinctive instructional

19  techniques to be employed.

20         3.  The current incoming baseline standard of student

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

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

23  include a detailed description for each of the following:

24         a.  How the baseline student academic achievement

25  levels and prior rates of academic progress will be

26  established.;

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

28  of academic progress achieved by these same students while

29  attending the charter school.; and

30         c.  To the extent possible, in consultation with the

31  Department of Education, how these rates of progress will be

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  1  evaluated and compared with rates of progress of other closely

  2  comparable student populations.

  3         4.  The methods used to identify the educational

  4  strengths and needs of students and how well educational goals

  5  and performance standards are met by students attending the

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

  7  minimum, participate in the statewide assessment program.

  8         5.  In secondary charter schools, a method for

  9  determining that a student has satisfied the requirements for

10  graduation in s. 232.246.

11         6.  A method for resolving conflicts between the

12  governing body of the charter school and the sponsor.

13         7.  The admissions procedures and dismissal procedures,

14  including the school's code of student conduct.

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

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

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

18  same school district.

19         9.  The financial and administrative management of the

20  school, including a reasonable demonstration of the

21  professional experience or competence of those individuals or

22  organizations applying to operate the charter school or those

23  hired or retained to perform such professional services. Both

24  public sector and private sector professional experience shall

25  be equally valid in such a consideration.

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

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

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

29  thereof and the amounts of coverage.

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

31  cancellation of the charter if insufficient progress has been

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  1  made in attaining the student achievement objectives of the

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

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

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

  5  facilitate access to long-term financial resources for charter

  6  school construction, charter schools that are operated by a

  7  municipality or other public entity as provided by law are

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

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

10  long-term financial resources for charter school construction,

11  charter schools that are operated by a private,

12  not-for-profit, s. 501(c)(3) status corporation are eligible

13  for up to a 10-year charter, subject to approval by the local

14  school board. Such long-term charters remain subject to annual

15  review and may be terminated during the term of the charter,

16  but only for specific good cause according to the provisions

17  set forth in subsection (10).

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

19         13.  The capacity of the charter school, taking into

20  consideration growth, and the provisions of (6)(b) and (c).

21         14.13.  The qualifications to be required of the

22  teachers.

23         15.14.  The governance structure of the school,

24  including the status of the charter school as a public or

25  private employer as required in subsection (7).

26         16.15.  A timetable for implementing the charter which

27  addresses the implementation of each element thereof and the

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

29  this timetable.

30         17.16.  In the case of an existing public school being

31  converted to charter status, alternative arrangements for

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  1  current students who choose not to attend the charter school

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

  3  charter school after conversion in accordance with the

  4  existing collective bargaining agreement or school board

  5  policy in the absence of a collective bargaining agreement.

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

  7  provided that a program review demonstrates that the criteria

  8  in paragraph (a) have been successfully accomplished and that

  9  none of the grounds for nonrenewal established by paragraph

10  (10)(a) have been documented. In order to facilitate long-term

11  financing for charter school construction, charter schools

12  operating a minimum of 3 years and demonstrating exemplary

13  academic programming and fiscal management are eligible for a

14  15-year charter renewal. Such long-term charter is subject to

15  annual review and may be terminated during the term of the

16  charter.

17         (10)  CAUSES FOR NONRENEWAL OR TERMINATION.--

18         (c)  At least 6 months 90 days prior to renewing or

19  terminating a charter, the sponsor shall notify the governing

20  body of the school of the proposed action in writing.  The

21  notice shall state in reasonable detail the grounds for the

22  proposed action and stipulate that the school's governing body

23  may, within 14 calendar days after receiving the notice,

24  request an informal hearing before the sponsor. The sponsor

25  shall conduct the informal hearing within 30 calendar days

26  after receiving a written request. The charter school's

27  governing body may, within 14 calendar days after receiving

28  the sponsor's decision to terminate or refuse to renew the

29  charter, appeal the decision pursuant to the procedure

30  established in subsection (4).

31

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  1         (e)  When a charter is not renewed or is terminated,

  2  the school shall be dissolved under the provisions of law

  3  under which the school was organized, and any unencumbered

  4  funds from the charter school shall revert to the district

  5  school board.  In the event a charter school is dissolved or

  6  is otherwise terminated, all district school board property

  7  and improvements, furnishings, and equipment purchased with

  8  public funds shall automatically revert to full ownership by

  9  the district school board. All property purchased with a

10  combination of public and private funds shall be divided in a

11  manner which gives both the school district and the private

12  funding entity an equity value equal to the proportionate

13  share invested by each entity.

14         (12)  EMPLOYEES OF CHARTER SCHOOLS.--

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

16  employees who have been fingerprinted as provided in s.

17  231.02. Members of the governing board of the charter school

18  shall also be fingerprinted in a manner similar to that

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

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

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

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

23  enrolled in other public schools in the school district.

24  Funding for a chartered developmental research school shall be

25  as provided in s. 228.053(9).

26         (e)  Any administrative fee charged by the school

27  district relating to a charter school shall be limited to 5

28  percent of the available funds as defined in paragraph (b).

29  The sponsor shall provide certain administrative and

30  educational services to charter schools at no additional fee.

31  These services shall include contract management services, FTE

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  1  and data reporting, exceptional student education

  2  administration, test administration, processing of teacher

  3  certificate data, and information services. For purposes of

  4  this paragraph, information services include, but are not

  5  limited to, electronic mail, Internet access, daily mail

  6  courier, or other information services as defined in the

  7  charter.

  8         (16)  FACILITIES.--A charter school shall utilize

  9  facilities which comply with the State Uniform Building Code

10  for Public Educational Facilities Construction adopted

11  pursuant to s. 235.26 or with applicable state minimum

12  building codes pursuant to chapter 553 and state minimum fire

13  protection codes pursuant to s. 633.025, as adopted by the

14  authority in whose jurisdiction the facility is located.

15  Beginning July 1, 2001, there shall be allowed an educational

16  facility contribution tax credit pursuant to s. 220.1835.

17         Section 3.  Subsections (1) and (3) of section

18  228.0561, Florida Statutes, are amended to read:

19         228.0561  Charter schools capital outlay funding.--

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

21  charter school capital outlay purposes, the Commissioner of

22  Education shall allocate the funds among eligible charter

23  schools.  To be eligible for a funding allocation, a charter

24  school must meet the provisions of subsection (6), must have

25  received final approval from its sponsor pursuant to s.

26  228.056 for operation during that fiscal year, and must serve

27  students in facilities that are not provided by the charter

28  school's sponsor.  Prior to the release of capital outlay

29  funds to a school district on behalf of the charter school,

30  the Department of Education shall ensure that the district

31  school board and the charter school governing board enter into

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  1  a written agreement that includes provisions for the reversion

  2  of any unencumbered funds and all equipment and property

  3  purchased with public education funds to the ownership of the

  4  district school board, as provided for in subsection (3), in

  5  the event that the school terminates operations.  Any funds

  6  recovered by the state shall be deposited in the General

  7  Revenue Fund.  A charter school is not eligible for a funding

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

  9  school and operates in facilities provided by the charter

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

11  otherwise provided in the General Appropriations Act, the

12  funding allocation for each eligible charter school shall be

13  determined by multiplying the school's projected student

14  enrollment by one-fifteenth one-thirtieth of the

15  cost-per-student station specified in s. 235.435(6)(b) for an

16  elementary, middle, or high school, as appropriate.  If the

17  funds appropriated are not sufficient, the commissioner shall

18  prorate the available funds among eligible charter schools.

19  In the first quarter of the fiscal year, funds shall be

20  distributed on the basis of projected enrollment as provided

21  in this section. The commissioner shall adjust subsequent

22  distributions as necessary to reflect each charter school's

23  actual student enrollment.  The commissioner shall establish

24  the intervals and procedures for determining the projected and

25  actual student enrollment of eligible charter schools.  If a

26  school district chooses to share funding for the capital

27  outlay purposes described in subsection (2) with the

28  applicable charter school or charter schools, any allocation

29  of charter school capital outlay funds to the charter school

30  or charter schools shall be reduced by the amount shared.

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  1         (3)  When a charter school is nonrenewed or terminated,

  2  any unencumbered funds and all equipment and property

  3  purchased with public funds shall revert to the ownership of

  4  the district school board, as provided for in s.

  5  228.056(10)(e) and (f). The reversion of such equipment,

  6  property, and furnishings shall focus on recoverable assets,

  7  but not on intangible or irrecoverable costs such as rental or

  8  leasing fees, normal maintenance, and limited renovations. All

  9  equipment and property purchased with a combination of private

10  and public funds shall be divided in a manner which gives both

11  the school district and the private funding entity an equity

12  value equal to the proportionate share invested by each

13  entity. If there are additional local issues such as the

14  shared use of facilities or partial ownership of facilities or

15  property, these issues shall be agreed to in the charter

16  contract prior to the expenditure of funds.

17         Section 4.  Section 228.0581, Florida Statutes, is

18  created to read:

19         228.0581  Conversion charter school pilot program.--

20         (1)  The conversion charter school pilot program is

21  hereby established with the intent to provide incentives for

22  local school districts to approve conversion charter schools.

23         (2)  The conversion charter school pilot program shall

24  be a statewide pilot program in which 10 schools shall be

25  selected based on a competitive application process in

26  accordance with this section.

27         (3)  The purpose of the pilot program is to produce

28  significant improvements in student achievement and school

29  management, to encourage and measure the use of innovative

30  learning methods, and to make the school the unit for

31  improvement.

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  1         (4)  Each school principal or a majority of the parents

  2  of students attending the school, a majority of the school's

  3  teachers, or a majority of the members of the school advisory

  4  council, may apply to the school district to participate in

  5  this pilot program on forms which shall be provided by the

  6  Department of Education. The forms shall include

  7  acknowledgement by the principal of applicable provisions of

  8  ss. 228.056 and 228.0561. For purposes of this paragraph, "a

  9  majority of the parents of students attending the school"

10  means more than 50 percent of the parents voting whose

11  children are enrolled at the school, provided that a majority

12  of the parents eligible to vote participate in the ballot

13  process; and "a majority of the school's teachers" means more

14  than 50 percent of the teachers employed at the school,

15  according to procedures established by rule of the State Board

16  of Education pursuant to s. 228.056(3).

17         (5)  A person or group who has applied to participate

18  in the pilot program created by this section, pursuant to

19  subsection (4), shall not be subject to an unlawful reprisal,

20  as defined by s. 228.056(3)(b), as a consequence of such

21  application.  The procedures established by s. 228.056(3)

22  shall apply to any alleged unlawful reprisal which occurs as a

23  consequence of such application.

24         (6)  A district school board shall receive and review

25  all applications by principals, parents, teachers, or school

26  advisory council members to participate in the pilot project;

27  shall select the best applications; and shall submit these

28  applications, together with the district school board's letter

29  of endorsement and commitment of support and cooperation

30  toward the success of program implementation, for review by

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  1  the statewide selection panel established pursuant to

  2  subsection (7).

  3         (7)  A conversion charter school pilot program

  4  statewide selection panel is established. The panel shall be

  5  comprised of the following nine members who are not elected

  6  public officials:

  7         (a)  Three members shall be appointed by the Governor.

  8         (b)  Two members shall be appointed by the Commissioner

  9  of Education.

10         (c)  Two members shall be appointed by the President of

11  the Senate.

12         (d)  Two members shall be appointed by the Speaker of

13  the House of Representatives.

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15  The panel shall review the conversion charter school pilot

16  program applications submitted by the district school boards

17  and shall select the 10 applications which the panel deems

18  best comply with the purpose of the program pursuant to

19  subsection (3).

20         (8)  Each district school board in which there is a

21  school selected by the statewide panel for participation in

22  the pilot program shall receive a grant for the 2001-2002

23  school year as follows, or as otherwise specified in the

24  General Appropriations Act:

25         (a)  One hundred thousand dollars for planning and

26  development for each conversion charter school selected; and

27         (b)1.  Eighty thousand dollars for each conversion

28  charter school selected with 500 or fewer students;

29         2.  One hundred thousand dollars for each conversion

30  charter school selected with more than 500 but fewer than

31  1,001 students; or

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  1         3.  One hundred twenty thousand dollars for each

  2  conversion charter school selected with more than 1,000

  3  students.

  4

  5  The Commissioner of Education is authorized to reduce the

  6  district's 2002-2003 FEFP funding entitlement by the amount of

  7  the grant awarded under this subsection if he or she

  8  determines that the district has failed to comply with its

  9  letter of endorsement and commitment of support and

10  cooperation submitted under subsection (6).

11         (9)  Each conversion charter school selected for

12  participation in the pilot program shall make annual progress

13  reports to the district school board and the Commissioner of

14  Education detailing the school's progress in achieving the

15  purpose of the program as described in subsection (3).

16         Section 5.  This act shall take effect July 1, 2000.

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Authorizes a tax credit for businesses that contribute
  4    facility space for use by a public charter school, or a
      core facility for use as a public educational facility,
  5    for kindergarten through grade 12. Provides requirements
      for receipt of the tax credit and limits the amount of
  6    the tax credit that may be granted annually. Revises
      provisions relating to charter schools in the following
  7    ways: revises who is authorized to submit an application
      to convert an existing public school to a charter school;
  8    prohibits unlawful reprisals against district school
      board employees as a result of direct or indirect
  9    involvement in an application to establish a charter
      school; establishes procedures for reviewing and deciding
10    alleged unlawful reprisals; revises the date by which
      charter school applications must be submitted to the
11    district school board; revises the timeframe for charter
      school approval or denial; requires the award of
12    reasonable attorney fees and costs incurred to the
      prevailing party in a charter school dispute; exempts
13    conversion charter schools from being counted toward the
      number of charter schools in the district for purposes of
14    a limit; authorizes district school boards or charter
      school applicants to request an increase of the limit on
15    the number of charter schools in the district; authorizes
      the establishment of academic, artistic, or other
16    standards as conditions for eligibility; requires a
      charter school to comply with certain cost accounting and
17    reporting requirements; requires a charter school
      governing board to consult with the Department of
18    Education when addressing how rates of progress will be
      compared to those of comparable student populations in
19    the charter; requires a charter to address the capacity
      of the charter school; clarifies that a charter may not
20    be renewed if grounds for nonrenewal have been
      documented; revising the timeframe for notice of renewal
21    or termination of a charter; provides for the division of
      equity upon charter school nonrenewal or termination;
22    provides notice of certain tax exemptions and tax
      credits; defines "information services"; and clarifies
23    and conforms terminology. Revises the calculation for the
      funding allocation for charter school capital outlay.
24    Establishes a statewide conversion charter school pilot
      program. Provides intent and purpose. Provides for
25    application for participation in the pilot program by
      school principals, parents, teachers, or school advisory
26    council members. Prohibits unlawful reprisals as a result
      of applying to participate in the pilot program. Provides
27    procedures for reviewing and deciding alleged unlawful
      reprisals. Provides requirements for district school
28    boards. Establishes a program selection panel and
      provides membership and duties. Authorizes grants to
29    participating districts and reductions in funding for
      violations of requirements. Requires annual progress
30    reports.

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