House Bill 2087e1

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                                          HB 2087, First Engrossed



  1                      A bill to be entitled

  2         An act relating to charter schools; creating s.

  3         220.1835, F.S.; amending s. 228.056, F.S.;

  4         revising who is authorized to submit an

  5         application to convert an existing public

  6         school to a charter school; prohibiting

  7         unlawful reprisals against district school

  8         board employees as a result of direct or

  9         indirect involvement in an application to

10         establish a charter school; establishing

11         procedures for reviewing and deciding alleged

12         unlawful reprisals; revising the date by which

13         charter school applications must be submitted

14         to the district school board; revising the

15         timeframe for charter school approval or

16         denial; requiring the award of reasonable

17         attorney fees and costs incurred to the

18         prevailing party in a charter school dispute;

19         exempting conversion charter schools from being

20         counted toward the number of charter schools in

21         the district for purposes of a limit;

22         authorizing district school boards or charter

23         school applicants to request an increase of the

24         limit on the number of charter schools in the

25         district; authorizing the establishment of

26         academic, artistic, or other standards as

27         conditions for eligibility; requiring a charter

28         school to comply with certain cost accounting

29         and reporting requirements; requiring a charter

30         school governing board to consult with the

31         Department of Education when addressing how


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                                          HB 2087, First Engrossed



  1         rates of progress will be compared to those of

  2         comparable student populations in the charter;

  3         requiring a charter to address the capacity of

  4         the charter school; clarifying that a charter

  5         may not be renewed if grounds for nonrenewal

  6         have been documented; revising the timeframe

  7         for notice of renewal or termination of a

  8         charter; providing for the division of equity

  9         upon charter school nonrenewal or termination;

10         defining "information services"; clarifying and

11         conforming terminology; amending s. 228.0561,

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

13         allocation for charter school capital outlay;

14         providing for the division of equity upon

15         charter school nonrenewal or termination;

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

17         statewide conversion charter school pilot

18         program; providing intent and purpose;

19         providing for application for participation in

20         the pilot program by school principals,

21         parents, teachers, or school advisory council

22         members; prohibiting unlawful reprisals as a

23         result of applying to participate in the pilot

24         program; providing procedures for reviewing and

25         deciding alleged unlawful reprisals; providing

26         requirements for district school boards;

27         establishing a program selection panel and

28         providing membership and duties; authorizing

29         grants to participating districts and

30         reductions in funding for violations of

31


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                                          HB 2087, First Engrossed



  1         requirements; requiring annual progress

  2         reports; providing an effective date.

  3

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

  5

  6         Section 1.  Subsection (3), paragraphs (a), (b), (c),

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

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

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

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

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

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

13  section, to read:

14         228.056  Charter schools.--

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

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

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

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

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

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

21  council at an existing public school, including a public

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

23  district school board, shall submit any application proposal

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

25  submitted proposing to convert an existing public school to a

26  charter school shall demonstrate the support of at least 50

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

28  of the parents voting whose children are enrolled at the

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

30  vote participate in the ballot process, according to

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


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                                          HB 2087, First Engrossed



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

  2  be eligible for charter school status.

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

  4  employee who has control over personnel actions, shall take

  5  unlawful reprisal against another district school board

  6  employee because that employee is either directly or

  7  indirectly involved with an application to establish a charter

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

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

10  a school system employee against an employee who is directly

11  or indirectly involved in a lawful application to establish a

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

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

14  following: disciplinary or corrective action; adverse transfer

15  or reassignment, whether temporary or permanent; suspension,

16  demotion, or dismissal; an unfavorable performance evaluation;

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

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

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

20  changes in duties or responsibilities that are inconsistent

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

22  following procedures shall apply to an alleged unlawful

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

24  or indirect involvement with an application to establish a

25  charter school:

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

27  subsection, an employee may file a complaint with the

28  Department of Education.

29         2.  Within 3 working days after receiving a complaint

30  under this section, the department shall acknowledge receipt

31  of the complaint and provide copies of the complaint and any


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                                          HB 2087, First Engrossed



  1  other relevant preliminary information available to each of

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

  3  each acknowledge receipt of such copies to the complainant.

  4         3.  If the department determines that the complaint

  5  demonstrates reasonable cause to suspect that an unlawful

  6  reprisal has occurred, the department shall conduct an

  7  investigation to produce a fact-finding report.

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

  9  department shall provide the superintendent of schools of the

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

11  report that may include recommendations to the parties or

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

13  shall be presumed admissible in any subsequent or related

14  administrative or judicial review.

15         5.  If the department determines that reasonable

16  grounds exist to believe that an unlawful reprisal has

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

18  conciliate a complaint within 60 days after receipt of the

19  fact-finding report, the department shall terminate the

20  investigation. Upon termination of any investigation, the

21  department shall notify the complainant and the superintendent

22  of schools of the termination of the investigation, providing

23  a summary of relevant facts found during the investigation and

24  the reasons for terminating the investigation. A written

25  statement under this paragraph is presumed admissible as

26  evidence in any judicial or administrative proceeding.

27         6.  The department shall either contract with the

28  Division of Administrative Hearings under s. 120.65, or

29  otherwise provide for a complaint for which the department

30  determines reasonable grounds exist to believe that an

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


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                                          HB 2087, First Engrossed



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

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

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

  4  decision by the department.

  5

  6  It shall be an affirmative defense to any action brought

  7  pursuant to this section that the adverse action was

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

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

10  section.

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

12  it is determined reasonable grounds exist to believe that an

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

14  taken, the relief must include the following:

15         1.  Reinstatement of the employee to the same position

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

17  equivalent position, or payment of reasonable front pay as

18  alternative relief.

19         2.  Reinstatement of the employee's full fringe

20  benefits and seniority rights, as appropriate.

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

22  benefits, or other lost remuneration caused by the unlawful

23  reprisal.

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

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

26  prevailing employer if the employee filed a frivolous action

27  in bad faith.

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

29  court of competent jurisdiction.

30         6.  Temporary reinstatement to the employee's former

31  position or to an equivalent position, pending the final


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                                          HB 2087, First Engrossed



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

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

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

  4  personnel action against the employee which includes

  5  documentation of the employee's violation of a disciplinary

  6  standard or performance deficiency.

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

  8  charter school in the county over which the board has

  9  jurisdiction.

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

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

12  shall receive and consider charter school applications

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

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

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

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

17  school board.  A district school board may receive

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

19  facilitate an accurate budget projection process, a district

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

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

22  school applications after the FTE projection deadline.  A

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

24  an application no later than 60 calendar days after the

25  application is received, unless the district school board and

26  the applicant mutually agree to temporarily postpone the vote

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

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

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

30  10 calendar days, articulate in writing the specific reasons

31  based upon good cause supporting its denial of the charter


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                                          HB 2087, First Engrossed



  1  application. Upon approval of a charter application, the

  2  initial startup must be consistent with the beginning of the

  3  public school calendar for the district in which the charter

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

  5  this provision for good cause.

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

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

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

  9  decision and shall notify the district school board of its

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

11  to the state board within 30 calendar days after notification

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

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

14  60 calendar days after an appeal is filed in accordance with

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

16  submission for failure to comply with procedural rules

17  governing the appeals process.  The rejection shall describe

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

19  calendar days from notice of rejection to resubmit an appeal

20  that meets requirements of rule.  An application for appeal

21  submitted subsequent to such rejection shall be considered

22  timely if the original appeal was filed within 30 calendar

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

24  remand the application to the district school board with its

25  written recommendation that the district board approve or deny

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

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

28  the provisions of the Administrative Procedure Act, chapter

29  120.

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

31  recommendation of the State Board of Education within 30


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                                          HB 2087, First Engrossed



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

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

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

  4  accordance with the state board's recommendation arises only

  5  if the district school board determines by competent

  6  substantial evidence that approving the state board's

  7  recommendation would be contrary to law or contrary to the

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

  9  school board must articulate in written findings the specific

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

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

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

13  action subject to judicial review.

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

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

16  applicant in a written contractual agreement, called a

17  charter. The sponsor shall not impose unreasonable rules or

18  regulations that violate the intent of giving charter schools

19  greater flexibility to meet educational goals. The applicant

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

21  the provisions of the charter contract.  The Department of

22  Education shall provide mediation services for any dispute

23  regarding this section subsequent to the approval of a charter

24  application, except disputes regarding charter school

25  application denials.  If the Commissioner of Education

26  determines that the dispute cannot be settled through

27  mediation, the dispute may be appealed to an administrative

28  law judge appointed by the Division of Administrative

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

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

31  whether proposed provisions of the charter contract violate


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                                          HB 2087, First Engrossed



  1  the intended flexibility granted charter schools by statute,

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

  3  school application denial, and shall award the prevailing

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

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

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

  7  rules against.

  8         (5)  NUMBER OF SCHOOLS.--

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

10  existing public schools which may convert to charter schools

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

12  100,000 or more students, no more than 20 in each school

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

14  12 in each school district with fewer than 50,000 students.

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

16  charter school shall not be counted towards the limit

17  established by paragraph (a).

18

19  Notwithstanding any limit established by this subsection, a

20  district school board or a charter school applicant shall have

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

22  charter schools authorized to be established within the

23  district from the State Board of Education.

24         (6)  ELIGIBLE STUDENTS.--

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

26  only to target the following student populations:

27         1.  Students within specific age groups or grade

28  levels.

29         2.  Students considered at risk of dropping out of

30  school or academic failure. Such students shall include

31  exceptional education students.


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                                          HB 2087, First Engrossed



  1         3.  Students enrolling in a charter

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

  3  (22).

  4         4.  Students residing within a reasonable distance of

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

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

  7  racial/ethnic balance provisions described in subparagraph

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

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

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

11  schools in the same school district.

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

13  other reasonable standards that are nondiscriminatory,

14  established by the governing board in accordance with state

15  law and current practice in existing public schools.

16         (8)  REQUIREMENTS.--

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

18  comparable to that reported for other public schools, charter

19  schools are to maintain all financial records which constitute

20  their accounting system in accordance with the accounts and

21  codes prescribed in the most recent issuance of the

22  publication titled "Financial and Program Cost Accounting and

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

24  annual financial report and program cost report information in

25  the state-required formats for inclusion in district reporting

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

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

28  nonprofit organization may use the accounting system of the

29  municipality or the parent, but must reformat this information

30  for reporting according to this paragraph.

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                                          HB 2087, First Engrossed



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

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

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

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

  5  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, in consultation with the

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

25  evaluated and compared with rates of progress of other closely

26  comparable student populations.

27         4.  The methods used to identify the educational

28  strengths and needs of students and how well educational goals

29  and performance standards are met by students attending the

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

31  minimum, participate in the statewide assessment program.


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                                          HB 2087, First Engrossed



  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


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                                          HB 2087, First Engrossed



  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 capacity of the charter school, taking into

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

14         14.13.  The qualifications to be required of the

15  teachers.

16         15.14.  The governance structure of the school,

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

18  private employer as required in subsection (7).

19         16.15.  A timetable for implementing the charter which

20  addresses the implementation of each element thereof and the

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

22  this timetable.

23         17.16.  In the case of an existing public school being

24  converted to charter status, alternative arrangements for

25  current students who choose not to attend the charter school

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

27  charter school after conversion in accordance with the

28  existing collective bargaining agreement or school board

29  policy in the absence of a collective bargaining agreement.

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

31  provided that a program review demonstrates that the criteria


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                                          HB 2087, First Engrossed



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

  2  none of the grounds for nonrenewal established by paragraph

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

  4  financing for charter school construction, charter schools

  5  operating a minimum of 3 years and demonstrating exemplary

  6  academic programming and fiscal management are eligible for a

  7  15-year charter renewal. Such long-term charter is subject to

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

  9  charter.

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

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

12  terminating a charter, the sponsor shall notify the governing

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

14  notice shall state in reasonable detail the grounds for the

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

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

17  request an informal hearing before the sponsor. The sponsor

18  shall conduct the informal hearing within 30 calendar days

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

20  governing body may, within 14 calendar days after receiving

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

22  charter, appeal the decision pursuant to the procedure

23  established in subsection (4).

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

25  the school shall be dissolved under the provisions of law

26  under which the school was organized, and any unencumbered

27  funds from the charter school shall revert to the district

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

29  is otherwise terminated, all district school board property

30  and improvements, furnishings, and equipment purchased with

31  public funds shall automatically revert to full ownership by


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                                          HB 2087, First Engrossed



  1  the district school board. All property purchased with a

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

  3  manner which gives both the school district and the private

  4  funding entity an equity value equal to the proportionate

  5  share invested by each entity.

  6         (12)  EMPLOYEES OF CHARTER SCHOOLS.--

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

  8  employees who have been fingerprinted as provided in s.

  9  231.02. Members of the governing board of the charter school

10  shall also be fingerprinted in a manner similar to that

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

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

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

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

15  enrolled in other public schools in the school district.

16  Funding for a chartered developmental research school shall be

17  as provided in s. 228.053(9).

18         (e)  Any administrative fee charged by the school

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

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

21  The sponsor shall provide certain administrative and

22  educational services to charter schools at no additional fee.

23  These services shall include contract management services, FTE

24  and data reporting, exceptional student education

25  administration, test administration, processing of teacher

26  certificate data, and information services. For purposes of

27  this paragraph, information services include, but are not

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

29  courier, or other information services as defined in the

30  charter.

31


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                                          HB 2087, First Engrossed



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

  2  facilities which comply with the State Uniform Building Code

  3  for Public Educational Facilities Construction adopted

  4  pursuant to s. 235.26 or with applicable state minimum

  5  building codes pursuant to chapter 553 and state minimum fire

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

  7  authority in whose jurisdiction the facility is located.

  8         Section 2.  Subsections (1) and (3) of section

  9  228.0561, Florida Statutes, are amended to read:

10         228.0561  Charter schools capital outlay funding.--

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

12  charter school capital outlay purposes, the Commissioner of

13  Education shall allocate the funds among eligible charter

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

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

16  received final approval from its sponsor pursuant to s.

17  228.056 for operation during that fiscal year, and must serve

18  students in facilities that are not provided by the charter

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

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

21  the Department of Education shall ensure that the district

22  school board and the charter school governing board enter into

23  a written agreement that includes provisions for the reversion

24  of any unencumbered funds and all equipment and property

25  purchased with public education funds to the ownership of the

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

27  the event that the school terminates operations.  Any funds

28  recovered by the state shall be deposited in the General

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

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

31  school and operates in facilities provided by the charter


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                                          HB 2087, First Engrossed



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

  2  otherwise provided in the General Appropriations Act, the

  3  funding allocation for each eligible charter school shall be

  4  determined by multiplying the school's projected student

  5  enrollment by one-fifteenth one-thirtieth of the

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

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

  8  funds appropriated are not sufficient, the commissioner shall

  9  prorate the available funds among eligible charter schools.

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

11  distributed on the basis of projected enrollment as provided

12  in this section. The commissioner shall adjust subsequent

13  distributions as necessary to reflect each charter school's

14  actual student enrollment.  The commissioner shall establish

15  the intervals and procedures for determining the projected and

16  actual student enrollment of eligible charter schools.  If a

17  school district chooses to share funding for the capital

18  outlay purposes described in subsection (2) with the

19  applicable charter school or charter schools, any allocation

20  of charter school capital outlay funds to the charter school

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

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

23  any unencumbered funds and all equipment and property

24  purchased with public funds shall revert to the ownership of

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

26  228.056(10)(e) and (f). The reversion of such equipment,

27  property, and furnishings shall focus on recoverable assets,

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

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

30  equipment and property purchased with a combination of private

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


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                                          HB 2087, First Engrossed



  1  the school district and the private funding entity an equity

  2  value equal to the proportionate share invested by each

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

  4  shared use of facilities or partial ownership of facilities or

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

  6  contract prior to the expenditure of funds.

  7         Section 3.  Section 228.0581, Florida Statutes, is

  8  created to read:

  9         228.0581  Conversion charter school pilot program.--

10         (1)  The conversion charter school pilot program is

11  hereby established with the intent to provide incentives for

12  local school districts to approve conversion charter schools.

13         (2)  The conversion charter school pilot program shall

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

15  selected based on a competitive application process in

16  accordance with this section.

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

18  significant improvements in student achievement and school

19  management, to encourage and measure the use of innovative

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

21  improvement.

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

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

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

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

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

27  Department of Education. The forms shall include

28  acknowledgement by the principal of applicable provisions of

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

30  majority of the parents of students attending the school"

31  means more than 50 percent of the parents voting whose


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                                          HB 2087, First Engrossed



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

  2  of the parents eligible to vote participate in the ballot

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

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

  5  according to procedures established by rule of the State Board

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

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

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

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

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

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

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

13  consequence of such application.

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

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

16  advisory council members to participate in the pilot project;

17  shall select the best applications; and shall submit these

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

19  of endorsement and commitment of support and cooperation

20  toward the success of program implementation, for review by

21  the statewide selection panel established pursuant to

22  subsection (7).

23         (7)  A conversion charter school pilot program

24  statewide selection panel is established. The panel shall be

25  comprised of the following nine members who are not elected

26  public officials:

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

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

29  of Education.

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

31  the Senate.


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                                          HB 2087, First Engrossed



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

  2  the House of Representatives.

  3

  4  The panel shall review the conversion charter school pilot

  5  program applications submitted by the district school boards

  6  and shall select the 10 applications which the panel deems

  7  best comply with the purpose of the program pursuant to

  8  subsection (3).

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

10  school selected by the statewide panel for participation in

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

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

13  General Appropriations Act:

14         (a)  One hundred thousand dollars for planning and

15  development for each conversion charter school selected; and

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

17  charter school selected with 500 or fewer students;

18         2.  One hundred thousand dollars for each conversion

19  charter school selected with more than 500 but fewer than

20  1,001 students; or

21         3.  One hundred twenty thousand dollars for each

22  conversion charter school selected with more than 1,000

23  students.

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25  The Commissioner of Education is authorized to reduce the

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

27  the grant awarded under this subsection if he or she

28  determines that the district has failed to comply with its

29  letter of endorsement and commitment of support and

30  cooperation submitted under subsection (6).

31


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                                          HB 2087, First Engrossed



  1         (9)  Each conversion charter school selected for

  2  participation in the pilot program shall make annual progress

  3  reports to the district school board and the Commissioner of

  4  Education detailing the school's progress in achieving the

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

  6         Section 4.  This act shall take effect July 1, 2000.

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