House Bill 2087er

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    2000 Legislature                     HB 2087, Second Engrossed



  1

  2         An act relating to charter schools; creating s.

  3         196.1983, F.S.; providing an exemption from ad

  4         valorem taxes for facilities used to house

  5         charter schools; amending s. 196.29, F.S.;

  6         providing for the cancellation of certain taxes

  7         on real property acquired by a charter school

  8         governing board; amending s. 228.056, F.S.;

  9         revising who is authorized to submit an

10         application to convert an existing public

11         school to a charter school; prohibiting

12         unlawful reprisals against district school

13         board employees as a result of direct or

14         indirect involvement in an application to

15         establish a charter school; establishing

16         procedures for reviewing and deciding alleged

17         unlawful reprisals; revising the date by which

18         charter school applications must be submitted

19         to the district school board; providing an

20         appeal process for failure of a district school

21         board to act on a charter school application;

22         requiring district school boards to provide

23         certain information relating to charter schools

24         to the Department of Education; clarifying the

25         timeframe for charter school approval or

26         denial; requiring the award of reasonable

27         attorney fees and costs incurred to the

28         prevailing party in a charter school dispute;

29         exempting conversion charter schools from being

30         counted toward the number of charter schools in

31         the district for purposes of a limit;


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  1         authorizing district school boards or charter

  2         school applicants to request an increase of the

  3         limit on the number of charter schools in the

  4         district; providing student eligibility

  5         requirements for charter schools established by

  6         developmental research schools; authorizing

  7         enrollment preference to be given to the child

  8         of a member of the governing board of a charter

  9         school; authorizing a developmental research

10         school to which a charter has been issued to

11         charge a student activity and service fee;

12         requiring a charter school to comply with

13         certain cost accounting and reporting

14         requirements; establishing the term of a

15         charter issued to a developmental research

16         school; providing an exception to a requirement

17         for alternative arrangements for teachers who

18         choose not to teach in a developmental research

19         school to which a charter has been issued;

20         clarifying that a charter may not be renewed if

21         grounds for nonrenewal have been documented;

22         revising eligibility requirements for a 15-year

23         charter renewal; requiring the recommendation

24         of the charter school governing board for

25         modification of a charter; specifying that

26         reversion of ownership of charter school

27         property is subject to satisfaction of any

28         lawful liens or encumbrances; revising

29         exemptions from statutes to specify certain

30         statutes that charter schools must comply with;

31         deleting the requirement that members of the


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    2000 Legislature                     HB 2087, Second Engrossed



  1         governing board of a charter school be

  2         fingerprinted prior to approval of the charter;

  3         providing notice of a tax exemption; requiring

  4         facilities used as charter schools to be in

  5         compliance with certain safety requirements;

  6         clarifying and conforming terminology;

  7         requiring the Legislature to review the

  8         operation of charter schools during the 2005

  9         Regular Session of the Legislature; amending s.

10         228.0561, F.S.; revising the calculation for

11         the funding allocation for charter school

12         capital outlay; providing requirements for the

13         distribution of such funds; deleting provisions

14         relating to the sharing of funds for capital

15         outlay purposes; providing for the reversion of

16         property and funds of a developmental research

17         charter school upon nonrenewal or termination;

18         specifying that the reversion of charter school

19         property is subject to the satisfaction of all

20         lawful liens or encumbrances; creating s.

21         228.0581, F.S.; establishing a statewide

22         conversion charter school pilot program;

23         providing intent and purpose; providing for

24         application for participation in the pilot

25         program by school principals, parents,

26         teachers, or school advisory council members;

27         prohibiting unlawful reprisals as a result of

28         applying to participate in the pilot program;

29         providing procedures for reviewing and deciding

30         alleged unlawful reprisals; providing

31         requirements for district school boards;


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    2000 Legislature                     HB 2087, Second Engrossed



  1         establishing a program selection panel and

  2         providing membership and duties; authorizing

  3         grants to participating districts and

  4         reductions in funding for violations of

  5         requirements; requiring annual progress

  6         reports; amending s. 236.0817, F.S.; clarifying

  7         eligibility for categorical funding for

  8         developmental research schools to which a

  9         charter has been issued; amending s. 236.053,

10         F.S.; providing requirements relating to

11         charters issued to developmental research

12         schools; clarifying provisions relating to

13         funding; deleting obsolete language; providing

14         additional funds for developmental research

15         schools to which a charter has been issued;

16         amending s. 228.505, F.S.; establishing

17         provisions relating to the governance of a

18         charter technical career center; providing an

19         effective date.

20

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

22

23         Section 1.  Section 196.1983, Florida Statutes, is

24  created to read:

25         196.1983  Charter school exemption from ad valorem

26  taxes.--Any facility, or portion thereof, used to house a

27  charter school whose charter has been approved by the sponsor

28  and the governing board pursuant to s. 228.056(9) shall be

29  exempt from ad valorem taxes. For leasehold properties, the

30  landlord must certify by affidavit to the charter school that

31  the lease payments shall be reduced to the extent of the


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    2000 Legislature                     HB 2087, Second Engrossed



  1  exemption received.  The owner of the property shall disclose

  2  to a charter school the full amount of the benefit derived

  3  from the exemption and the method for ensuring that the

  4  charter school receives such benefit.  The charter school

  5  shall receive the full benefit derived from the exemption

  6  through either an annual or monthly credit to the charter

  7  school's lease payments.

  8         Section 2.  Section 196.29, Florida Statutes, is

  9  amended to read:

10         196.29  Cancellation of certain taxes on real property

11  acquired by a county, school board, charter school governing

12  board, or community college district board of

13  trustees.--Whenever any county, school board, charter school

14  governing board, or community college district board of

15  trustees of this state has heretofore acquired, or shall

16  hereafter acquire, title to any real property, the taxes of

17  all political subdivisions, as defined in s. 1.01, upon such

18  property for the year in which title to such property was

19  acquired, or shall hereafter be acquired, shall be that

20  portion of the taxes levied or accrued against such property

21  for such year which the portion of such year which has expired

22  at the date of such acquisition bears to the entire year, and

23  the remainder of such taxes for such year shall stand

24  canceled.

25         Section 3.  Section 228.056, Florida Statutes, is

26  amended to read:

27         228.056  Charter schools.--

28         (1)  AUTHORIZATION.--The creation of charter schools is

29  hereby authorized.  Charter schools shall be part of the

30  state's program of public education. All charter schools in

31  Florida are fully recognized as public schools. A charter


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    2000 Legislature                     HB 2087, Second Engrossed



  1  school may be formed by creating a new school or converting an

  2  existing public school to charter status.

  3         (2)  PURPOSE.--The purpose of charter schools shall be

  4  to:

  5         (a)  Improve student learning.

  6         (b)  Increase learning opportunities for all students,

  7  with special emphasis on expanded learning experiences for

  8  students who are identified as academically low achieving.

  9         (c)  Encourage the use of different and innovative

10  learning methods.

11         (d)  Increase choice of learning opportunities for

12  students.

13         (e)  Establish a new form of accountability for

14  schools.

15         (f)  Require the measurement of learning outcomes and

16  create innovative measurement tools.

17         (g)  Make the school the unit for improvement.

18         (h)  Create new professional opportunities for

19  teachers, including the opportunity to own the learning

20  program at the school site.

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

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

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

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

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

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

27  council at an existing public school, including a public

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

29  district school board, shall submit any application proposal

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

31  submitted proposing to convert an existing public school to a


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  1  charter school shall demonstrate the support of at least 50

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

  3  of the parents voting whose children are enrolled at the

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

  5  vote participate in the ballot process, according to

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

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

  8  be eligible for charter school status.

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

10  employee who has control over personnel actions, shall take

11  unlawful reprisal against another district school board

12  employee because that employee is either directly or

13  indirectly involved with an application to establish a charter

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

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

16  a school system employee against an employee who is directly

17  or indirectly involved in a lawful application to establish a

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

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

20  following: disciplinary or corrective action; adverse transfer

21  or reassignment, whether temporary or permanent; suspension,

22  demotion, or dismissal; an unfavorable performance evaluation;

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

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

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

26  changes in duties or responsibilities that are inconsistent

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

28  following procedures shall apply to an alleged unlawful

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

30  or indirect involvement with an application to establish a

31  charter school:


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

  2  subsection, an employee may file a complaint with the

  3  Department of Education.

  4         2.  Within 3 working days after receiving a complaint

  5  under this section, the department shall acknowledge receipt

  6  of the complaint and provide copies of the complaint and any

  7  other relevant preliminary information available to each of

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

  9  each acknowledge receipt of such copies to the complainant.

10         3.  If the department determines that the complaint

11  demonstrates reasonable cause to suspect that an unlawful

12  reprisal has occurred, the department shall conduct an

13  investigation to produce a fact-finding report.

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

15  department shall provide the superintendent of schools of the

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

17  report that may include recommendations to the parties or

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

19  shall be presumed admissible in any subsequent or related

20  administrative or judicial review.

21         5.  If the department determines that reasonable

22  grounds exist to believe that an unlawful reprisal has

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

24  conciliate a complaint within 60 days after receipt of the

25  fact-finding report, the department shall terminate the

26  investigation. Upon termination of any investigation, the

27  department shall notify the complainant and the superintendent

28  of schools of the termination of the investigation, providing

29  a summary of relevant facts found during the investigation and

30  the reasons for terminating the investigation. A written

31


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  1  statement under this paragraph is presumed admissible as

  2  evidence in any judicial or administrative proceeding.

  3         6.  The department shall either contract with the

  4  Division of Administrative Hearings under s. 120.65, or

  5  otherwise provide for a complaint for which the department

  6  determines reasonable grounds exist to believe that an

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

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

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

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

11  decision by the department.

12

13  It shall be an affirmative defense to any action brought

14  pursuant to this section that the adverse action was

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

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

17  section.

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

19  it is determined reasonable grounds exist to believe that an

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

21  taken, the relief must include the following:

22         1.  Reinstatement of the employee to the same position

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

24  equivalent position, or payment of reasonable front pay as

25  alternative relief.

26         2.  Reinstatement of the employee's full fringe

27  benefits and seniority rights, as appropriate.

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

29  benefits, or other lost remuneration caused by the unlawful

30  reprisal.

31


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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. In a

31  further effort to facilitate an accurate budget projection,


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  1  within 15 calendar days after receipt of a charter school

  2  application, a district school board or other sponsor shall

  3  report to the Department of Education the name of the

  4  applicant entity, the proposed charter school location, and

  5  its projected FTE. A district school board must by a majority

  6  vote approve or deny an application no later than 60 calendar

  7  days after the application is received, unless the district

  8  school board and the applicant mutually agree to temporarily

  9  postpone the vote to a specific date, at which time the

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

11  the application. If the district school board fails to act on

12  the application, an applicant may appeal to the State Board of

13  Education as provided in paragraph (b). If an application is

14  denied, the district school board must, within 10 calendar

15  days, articulate in writing the specific reasons based upon

16  good cause supporting its denial of the charter application.

17  For budget projection purposes, the district school board or

18  other sponsor shall report to the department the approval or

19  denial of a charter application within 10 calendar days after

20  such approval or denial. In the event of approval, the report

21  to the department must include the final projected FTE for the

22  approved charter school. Upon approval of a charter

23  application, the initial startup must be consistent with the

24  beginning of the public school calendar for the district in

25  which the charter is granted unless the district school board

26  allows a waiver of this provision for good cause.

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

28  applicant's person's application or failure to act on an

29  application to the State Board of Education no later than 30

30  calendar days after the district school board's decision or

31  failure to act and shall notify the district school board of


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  1  its appeal.  Any response of the school board shall be

  2  submitted to the state board within 30 calendar days after

  3  notification of the appeal. The state board must by majority

  4  vote accept or reject the decision of the district school

  5  board no later than 60 calendar days after an appeal is filed

  6  in accordance with state board rule.  The state board may

  7  reject an appeal submission for failure to comply with

  8  procedural rules governing the appeals process.  The rejection

  9  shall describe the submission errors.  The appellant may have

10  up to 15 calendar days from notice of rejection to resubmit an

11  appeal that meets requirements of rule.  An application for

12  appeal submitted subsequent to such rejection shall be

13  considered timely if the original appeal was filed within 30

14  calendar days after the school board denial. The state board

15  shall remand the application to the district school board with

16  its written recommendation that the district board approve or

17  deny the application consistent with the state board's

18  decision. The decision of the State Board of Education is not

19  subject to the provisions of the Administrative Procedure Act,

20  chapter 120.

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

22  recommendation of the State Board of Education within 30

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

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

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

26  accordance with the state board's recommendation arises only

27  if the district school board determines by competent

28  substantial evidence that approving the state board's

29  recommendation would be contrary to law or contrary to the

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

31  school board must articulate in written findings the specific


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

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

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

  4  action subject to judicial review.

  5         (d)  The Department of Education may provide technical

  6  assistance to an applicant upon written request.

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

  8  may grant a charter to a developmental research school created

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

10  university must consult with the district school board of the

11  county in which the developmental research school is located.

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

13  the procedure established in this subsection.

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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  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         (g)  The sponsor shall monitor and review the charter

  9  school in its progress towards the goals established in the

10  charter.

11         (h)  The sponsor shall monitor the revenues and

12  expenditures of the charter school.

13         (5)  NUMBER OF SCHOOLS.--

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

15  existing public schools which may convert to charter schools

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

17  100,000 or more students, no more than 20 in each school

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

19  12 in each school district with fewer than 50,000 students.

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

21  charter school shall not be counted towards the limit

22  established by paragraph (a).

23

24  Notwithstanding any limit established by this subsection, a

25  district school board or a charter school applicant shall have

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

27  charter schools authorized to be established within the

28  district from the State Board of Education.

29         (6)  ELIGIBLE STUDENTS.--

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

31  covered in an interdistrict agreement or residing in the


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  1  school district in which the charter school is located;

  2  however, in the case of a developmental research school

  3  created under s. 228.053 to which a charter has been issued

  4  under paragraph (4)(e), the charter school shall be open to

  5  any student eligible to attend the developmental research

  6  school as provided in s. 228.053 or who resides in the school

  7  district in which the charter school is located. Any eligible

  8  student shall be allowed interdistrict transfer to attend a

  9  charter school when based on good cause. When a public school

10  converts to charter status, enrollment preference shall be

11  given to students who would have otherwise attended that

12  public school. A charter school may give enrollment preference

13  to a sibling of a student enrolled in the charter school, to

14  the child of a member of the governing board of the charter

15  school, or to the child of an employee of the charter school.

16         (b)  The charter school shall enroll an eligible

17  student who submits a timely application, unless the number of

18  applications exceeds the capacity of a program, class, grade

19  level, or building. In such case, all applicants shall have an

20  equal chance of being admitted through a random selection

21  process.

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

23  only to target the following student populations:

24         1.  Students within specific age groups or grade

25  levels.

26         2.  Students considered at risk of dropping out of

27  school or academic failure. Such students shall include

28  exceptional education students.

29         3.  Students enrolling in a charter

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

31  (22).


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  1         4.  Students residing within a reasonable distance of

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

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

  4  racial/ethnic balance provisions described in subparagraph

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

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

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

  8  schools in the same school district.

  9         (d)  A student may withdraw from a charter school at

10  any time and enroll in another public school as determined by

11  school board policy.

12         (e)  Students with handicapping conditions and students

13  served in English for Speakers of Other Languages programs

14  shall have an equal opportunity of being selected for

15  enrollment in a charter school.

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

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

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

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

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

21  charter school may participate in the Florida Retirement

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

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

24  Florida Retirement System, the charter school employees shall

25  be compulsory members of the Florida Retirement System. As

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

27  contract for services with an individual or group of

28  individuals who are organized as a partnership or a

29  cooperative. Individuals or groups of individuals who contract

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

31         (8)  REQUIREMENTS.--


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  1         (a)  A charter school shall be nonsectarian in its

  2  programs, admission policies, employment practices, and

  3  operations.

  4         (b)  A charter school shall admit students as provided

  5  in subsection (6).

  6         (c)  A charter school shall be accountable to its

  7  sponsor for performance as provided in subsection (9).

  8         (d)  A charter school shall not charge tuition or fees,

  9  except those fees normally charged by other public schools.

10  However, a developmental research school to which a charter

11  has been issued pursuant to paragraph (4)(e) may charge a

12  student activity and service fee as authorized by s.

13  228.053(5).

14         (e)  A charter school shall meet all applicable state

15  and local health, safety, and civil rights requirements.

16         (f)  A charter school shall not violate the

17  antidiscrimination provisions of s. 228.2001.

18         (g)  A charter school shall be subject to an annual

19  financial audit in a manner similar to that of a school

20  district.

21         (h)  No organization shall hold more than 15 charters

22  statewide.

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

24  comparable to that reported for other public schools, charter

25  schools are to maintain all financial records which constitute

26  their accounting system in accordance with the accounts and

27  codes prescribed in the most recent issuance of the

28  publication titled "Financial and Program Cost Accounting and

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

30  annual financial report and program cost report information in

31  the state-required formats for inclusion in district reporting


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

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

  3  nonprofit organization may use the accounting system of the

  4  municipality or the parent, but must reformat this information

  5  for reporting according to this paragraph.

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

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

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

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

10  hearing to ensure community input.

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

12  approval of the charter shall be based on:

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

14  and the ages and grades to be included.

15         2.  The focus of the curriculum, the instructional

16  methods to be used, and any distinctive instructional

17  techniques to be employed.

18         3.  The current incoming baseline standard of student

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

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

21  include a detailed description for each of the following:

22         a.  How the baseline student academic achievement

23  levels and prior rates of academic progress will be

24  established.;

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

26  of academic progress achieved by these same students while

27  attending the charter school.; and

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

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

30  closely comparable student populations.

31


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  1         4.  The methods used to identify the educational

  2  strengths and needs of students and how well educational goals

  3  and performance standards are met by students attending the

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

  5  minimum, participate in the statewide assessment program.

  6         5.  In secondary charter schools, a method for

  7  determining that a student has satisfied the requirements for

  8  graduation in s. 232.246.

  9         6.  A method for resolving conflicts between the

10  governing body of the charter school and the sponsor.

11         7.  The admissions procedures and dismissal procedures,

12  including the school's code of student conduct.

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

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

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

16  same school district.

17         9.  The financial and administrative management of the

18  school, including a reasonable demonstration of the

19  professional experience or competence of those individuals or

20  organizations applying to operate the charter school or those

21  hired or retained to perform such professional services. Both

22  public sector and private sector professional experience shall

23  be equally valid in such a consideration.

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

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

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

27  thereof and the amounts of coverage.

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

29  cancellation of the charter if insufficient progress has been

30  made in attaining the student achievement objectives of the

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


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

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

  3  facilitate access to long-term financial resources for charter

  4  school construction, charter schools that are operated by a

  5  municipality or other public entity as provided by law are

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

  7  the local school board. A developmental research school is

  8  eligible for a charter for a term of up to 15 years issued by

  9  a state university pursuant to paragraph (4)(e). In addition,

10  to facilitate access to long-term financial resources for

11  charter school construction, charter schools that are operated

12  by a private, not-for-profit, s. 501(c)(3) status corporation

13  are eligible for up to a 10-year charter, subject to approval

14  by the local school board. Such long-term charters remain

15  subject to annual review and may be terminated during the term

16  of the charter, but only for specific good cause according to

17  the provisions set forth in subsection (10).

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

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

20         14.  The governance structure of the school, including

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

22  employer as required in subsection (7).

23         15.  A timetable for implementing the charter which

24  addresses the implementation of each element thereof and the

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

26  this timetable.

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

28  converted to charter status, alternative arrangements for

29  current students who choose not to attend the charter school

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

31  charter school after conversion in accordance with the


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  1  existing collective bargaining agreement or school board

  2  policy in the absence of a collective bargaining agreement.

  3  However, alternative arrangements shall not be required for

  4  current teachers who choose not to teach in a developmental

  5  research school to which a charter has been issued pursuant to

  6  paragraph (4)(e), except as authorized by the employment

  7  policies of the state university which grants the charter to

  8  the developmental research school.

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

10  provided that a program review demonstrates that the criteria

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

12  none of the grounds for nonrenewal established by paragraph

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

14  financing for charter school construction, charter schools

15  operating for a minimum of 2 3 years and demonstrating

16  exemplary academic programming and fiscal management are

17  eligible for a 15-year charter renewal. Such long-term charter

18  is subject to annual review and may be terminated during the

19  term of the charter.

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

21  or any renewal term upon the recommendation of the sponsor or

22  the charter school governing board and the approval of both

23  parties to the agreement.

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

25  make annual progress reports to its sponsor, which upon

26  verification shall be forwarded to the Commissioner of

27  Education at the same time as other annual school

28  accountability reports.  The report shall contain at least the

29  following information:

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

31  goals outlined in its charter.


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  1         2.  The information required in the annual school

  2  report pursuant to s. 229.592.

  3         3.  Financial records of the charter school, including

  4  revenues and expenditures.

  5         4.  Salary and benefit levels of charter school

  6  employees.

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

  8  innovative and consistent with the state education goals

  9  established by s. 229.591.

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

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

12  the State Board of Education, the Commissioner of Education,

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

14  Representatives an analysis and comparison of the overall

15  performance of charter school students, to include all

16  students whose scores are counted as part of the state

17  assessment program, versus comparable public school students

18  in the district as determined by the state assessment program

19  currently administered in the school district, and, as

20  appropriate, the Florida Writes Assessment Test, the High

21  School Competency Test, and other assessments administered

22  pursuant to s. 229.57(3).

23         (g)  Whenever a municipality has submitted charter

24  applications for the establishment of a charter school feeder

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

26  upon approval of each individual charter application by the

27  district school board, such applications will then be

28  designated as one charter for all purposes listed pursuant to

29  this section.

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

31


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  1         (a)  At the end of the term of a charter, the sponsor

  2  may choose not to renew the charter for any of the following

  3  grounds:

  4         1.  Failure to meet the requirements for student

  5  performance stated in the charter.

  6         2.  Failure to meet generally accepted standards of

  7  fiscal management.

  8         3.  Violation of law.

  9         4.  Other good cause shown.

10         (b)  During the term of a charter, the sponsor may

11  terminate the charter for any of the grounds listed in

12  paragraph (a).

13         (c)  At least 90 days prior to renewing or terminating

14  a charter, the sponsor shall notify the governing body of the

15  school of the proposed action in writing.  The notice shall

16  state in reasonable detail the grounds for the proposed action

17  and stipulate that the school's governing body may, within 14

18  calendar days after receiving the notice, request an informal

19  hearing before the sponsor. The sponsor shall conduct the

20  informal hearing within 30 calendar days after receiving a

21  written request. The charter school's governing body may,

22  within 14 calendar days after receiving the sponsor's decision

23  to terminate or refuse to renew the charter, appeal the

24  decision pursuant to the procedure established in subsection

25  (4).

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

27  the school shall be dissolved under the provisions of law

28  under which the school was organized, and any unencumbered

29  funds from the charter school shall revert to the district

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

31  is otherwise terminated, all district school board property


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  1  and improvements, furnishings, and equipment purchased with

  2  public funds shall automatically revert to full ownership by

  3  the district school board, subject to complete satisfaction of

  4  any lawful liens or encumbrances.

  5         (f)  If a charter is not renewed or is terminated, the

  6  governing body of the school is responsible for all debts of

  7  the charter school. The district may not assume the debt from

  8  any contract for services made between the governing body of

  9  the school and a third party, except for a debt that is

10  previously detailed and agreed upon in writing by both the

11  district and the governing body of the school and that may not

12  reasonably be assumed to have been satisfied by the district.

13         (g)  If a charter is not renewed or is terminated, a

14  student who attended the school may apply to, and shall be

15  enrolled in, another public school. Normal application

16  deadlines shall be disregarded under such circumstances.

17         (11)  EXEMPTION FROM STATUTES.--A charter school shall

18  operate in accordance with its charter and shall be exempt

19  from all statutes of the Florida School Code, except those

20  specifically applying to charter schools; those pertaining to

21  the provision of services to students with disabilities; those

22  pertaining to civil rights, including s. 228.2001, relating to

23  discrimination; and those pertaining to student health,

24  safety, and welfare;, or as otherwise required by this

25  section. A charter school shall not be exempt from the

26  following statutes:  chapter 119, relating to public records,

27  and s. 286.011, relating to public meetings and records,

28  public inspection, and penalties. The sponsor, upon request of

29  a charter school, may apply to the Commissioner of Education

30  for a waiver of provisions of chapters 230 through 239 which

31  are applicable to charter schools under this section, except


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  1  that the provisions of chapters 236 or 237 shall not be

  2  eligible for waiver if the waiver would affect funding

  3  allocations or create inequity in public school funding. The

  4  commissioner may grant the waiver if necessary to implement

  5  the school program.

  6         (12)  EMPLOYEES OF CHARTER SCHOOLS.--

  7         (a)  A charter school shall select its own employees. A

  8  charter school may contract with its sponsor for the services

  9  of personnel employed by the sponsor.

10         (b)  Charter school employees shall have the option to

11  bargain collectively.  Employees may collectively bargain as a

12  separate unit or as part of the existing district collective

13  bargaining unit as determined by the structure of the charter

14  school.

15         (c)  The employees of a conversion charter school shall

16  remain public employees for all purposes, unless such

17  employees choose not to do so.

18         (d)  The teachers at a charter school may choose to be

19  part of a professional group that subcontracts with the

20  charter school to operate the instructional program under the

21  auspices of a partnership or cooperative that they

22  collectively own. Under this arrangement, the teachers would

23  not be public employees.

24         (e)  Employees of a school district may take leave to

25  accept employment in a charter school upon the approval of the

26  district school board. While employed by the charter school

27  and on leave that is approved by the school board, the

28  employee may retain seniority accrued in that school district

29  and may continue to be covered by the benefit programs of that

30  school district, if the charter school and the district school

31  board agree to this arrangement and its financing. School


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  1  districts shall not require resignations of teachers desiring

  2  to teach in a charter school. This paragraph shall not

  3  prohibit a school board from approving alternative leave

  4  arrangements consistent with chapter 231.

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

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

  7  A charter school governing board may employ or contract with

  8  skilled selected noncertified personnel to provide

  9  instructional services or to assist instructional staff

10  members as education paraprofessionals in the same manner as

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

12  Education rule for charter school governing boards. A charter

13  school may not employ an individual to provide instructional

14  services or to serve as an education paraprofessional if the

15  individual's certification or licensure as an educator is

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

17  school may not knowingly employ an individual who has resigned

18  from a school district in lieu of disciplinary action with

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

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

21  welfare or safety. The qualifications of teachers shall be

22  disclosed to parents.

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

24  employees who have been fingerprinted as provided in s.

25  231.02. Members of the governing board of the charter school

26  shall also be fingerprinted in a manner similar to that

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

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

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

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

31  enrolled in other public schools in the school district.


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  1  Funding for a chartered developmental research school shall be

  2  as provided in s. 228.053(9).

  3         (a)  Each charter school shall report its student

  4  enrollment to the district school board as required in s.

  5  236.081, and in accordance with the definitions in s. 236.013.

  6  The district school board shall include each charter school's

  7  enrollment in the district's report of student enrollment.

  8         (b)  The basis for the agreement for funding students

  9  enrolled in a charter school shall be the sum of the school

10  district's operating funds from the Florida Education Finance

11  Program as provided in s. 236.081 and the General

12  Appropriations Act, including gross state and local funds,

13  discretionary lottery funds, and funds from the school

14  district's current operating discretionary millage levy;

15  divided by total funded weighted full-time equivalent students

16  in the school district; multiplied by the weighted full-time

17  equivalent students for the charter school.  Charter schools

18  whose students or programs meet the eligibility criteria in

19  law shall be entitled to their proportionate share of

20  categorical program funds included in the total funds

21  available in the Florida Education Finance Program by the

22  Legislature, including transportation.  Total funding for each

23  charter school will be recalculated during the year to reflect

24  the revised calculations under the Florida Education Finance

25  Program by the state and the actual weighted full-time

26  equivalent students reported by the charter school during the

27  full-time equivalent student survey periods designated by the

28  Commissioner of Education.

29         (c)  Transportation of charter school students shall be

30  provided by the charter school consistent with the

31  requirements of chapter 234. The governing body of the charter


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  1  school may provide transportation through an agreement or

  2  contract with the district school board, a private provider,

  3  or parents. The charter school and the sponsor shall cooperate

  4  in making arrangements that ensure that transportation is not

  5  a barrier to equal access for all students residing within a

  6  reasonable distance of the charter school as determined in its

  7  charter.

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

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

10  students enrolled in charter schools in the school district

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

12  provided students in the schools operated by the district

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

14  10306, all charter schools shall receive all federal funding

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

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

17  first opens and within 5 months after any subsequent expansion

18  of enrollment.

19         (e)  Any administrative fee charged by the school

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

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

22  The sponsor shall provide certain administrative and

23  educational services to charter schools at no additional fee.

24  These services shall include contract management services, FTE

25  and data reporting, exceptional student education

26  administration, test administration, processing of teacher

27  certificate data, and information services.

28         (f)  School boards shall make every effort to ensure

29  that charter schools receive timely and efficient

30  reimbursement, including processing paperwork required to

31  access special state and federal funding for which they may be


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  1  eligible. The district school board may distribute funds to a

  2  charter school for up to 3 months based on the projected

  3  full-time equivalent student membership of the charter school.

  4  Thereafter, the results of full-time equivalent student

  5  membership surveys must be used in adjusting the amount of

  6  funds distributed monthly to the charter school for the

  7  remainder of the fiscal year. The payment shall be issued no

  8  later than 10 working days after the district school board

  9  receives a distribution of state or federal funds. If a

10  warrant for payment is not issued within 30 working days after

11  receipt of funding by the district school board, the school

12  district shall pay to the charter school, in addition to the

13  amount of the scheduled disbursement, interest at a rate of 1

14  percent per month calculated on a daily basis on the unpaid

15  balance from the expiration of the 30-day period until such

16  time as the warrant is issued.

17         (g)  If a district school board facility or property is

18  available because it is surplus, marked for disposal, or

19  otherwise unused, it shall be provided for a charter school's

20  use on the same basis as it is made available to other public

21  schools in the district.  A charter school receiving property

22  from the school district may not sell or dispose of such

23  property without written permission of the school district.

24  Similarly, for an existing public school converting to charter

25  status, no rental or leasing fee for the existing facility or

26  for the property normally inventoried to the conversion school

27  may be charged by the district school board to the parents and

28  teachers organizing the charter school.  The charter

29  organizers shall agree to reasonable maintenance provisions in

30  order to maintain the facility in a manner similar to district

31  school board standards.


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  1         (h)  If other goods and services are made available to

  2  the charter school through the contract with the school

  3  district, they shall be provided to the charter school at a

  4  rate no greater than the district's actual cost. To maximize

  5  the use of state funds, school districts shall allow charter

  6  schools to participate in the sponsor's bulk purchasing

  7  program if applicable.

  8         (14)  IMMUNITY.--For the purposes of tort liability,

  9  the governing body and employees of a charter school shall be

10  governed by s. 768.28.

11         (15)  LENGTH OF SCHOOL YEAR.--A charter school shall

12  provide instruction for at least the number of days required

13  by law for other public schools, and may provide instruction

14  for additional days.

15         (16)  FACILITIES.--

16         (a)  A charter school shall utilize facilities which

17  comply with the State Uniform Building Code for Public

18  Educational Facilities Construction adopted pursuant to s.

19  235.26 or with applicable state minimum building codes

20  pursuant to chapter 553 and state minimum fire protection

21  codes pursuant to s. 633.025, as adopted by the authority in

22  whose jurisdiction the facility is located.

23         (b)  Any facility, or portion thereof, used to house a

24  charter school whose charter has been approved by the sponsor

25  and the governing board, pursuant to subsection (9), shall be

26  exempt from ad valorem taxes pursuant to s. 196.1983.

27         (c)  After January 1, 2001, charter school facilities

28  shall utilize facilities which comply with the Florida

29  Building Code, pursuant to chapter 553, and the Florida Fire

30  Prevention Code, pursuant to chapter 633.

31


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  1         (17)  INITIAL COSTS.--A sponsor may approve a charter

  2  for a charter school before the applicant has secured space,

  3  equipment, or personnel, if the applicant indicates approval

  4  is necessary for it to raise working capital.

  5         (18)  INFORMATION.--The Department of Education shall

  6  provide information to the public, directly and through

  7  sponsors, both on how to form and operate a charter school and

  8  on how to enroll in charter schools once they are created.

  9  This information shall include a standard application format

10  which shall include the information specified in subsection

11  (9). This application format may be used by chartering

12  entities.

13         (19)  GENERAL AUTHORITY.--A charter school shall not

14  levy taxes or issue bonds secured by tax revenues.

15         (20)  REVIEW.--

16         (a)  The Department of Education shall regularly

17  convene a Charter School Review Panel in order to review

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

19  composition of the review panel shall include individuals with

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

21  school governance, and individuals familiar with charter

22  school construction and operation. The panel shall include two

23  appointees each from the Commissioner of Education, the

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

25  Representatives. The Governor shall appoint three members of

26  the panel and shall designate the chair. Each member of the

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

28  making the appointment. The panel shall make recommendations

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

30  schools, and to school districts for improving charter school

31  operations and oversight and for ensuring best business


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  1  practices at and fair business relationships with charter

  2  schools.

  3         (b)  The Legislature shall review the operation of

  4  charter schools during the 2005 2000 Regular Session of the

  5  Legislature.

  6         (21)  RULEMAKING.--The Department of Education, after

  7  consultation with school districts and charter school

  8  directors, shall recommend that the State Board of Education

  9  adopt rules to implement specific subsections of this section.

10  Such rules shall require minimum paperwork and shall not limit

11  charter school flexibility authorized by statute.

12         (22)  CHARTER SCHOOLS-IN-THE-WORKPLACE.--

13         (a)  In order to increase business partnerships in

14  education, to reduce school and classroom overcrowding

15  throughout the state, and to offset the high costs for

16  educational facilities construction, the Legislature intends

17  to encourage the formation of business partnership schools or

18  satellite learning centers through charter school status.

19         (b)  A charter school-in-the-workplace may be

20  established when a business partner provides the school

21  facility to be used; enrolls students based upon a random

22  lottery which involves all of the children of employees of

23  that business or corporation who are seeking enrollment, as

24  provided for in subsection (6); and enrolls students according

25  to the racial/ethnic balance provisions described in

26  subparagraph (9)(a)8. Any portion of a facility used for a

27  public charter school shall be exempt from ad valorem taxes,

28  as provided for in s. 235.198, for the duration of its use as

29  a public school.

30         Section 4.  Subsections (1) and (3) of section

31  228.0561, Florida Statutes, are amended to read:


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  1         228.0561  Charter schools capital outlay funding.--

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

  3  charter school capital outlay purposes, the Commissioner of

  4  Education shall allocate the funds among eligible charter

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

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

  7  received final approval from its sponsor pursuant to s.

  8  228.056 for operation during that fiscal year, and must serve

  9  students in facilities that are not provided by the charter

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

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

12  the Department of Education shall ensure that the district

13  school board and the charter school governing board enter into

14  a written agreement that includes provisions for the reversion

15  of any unencumbered funds and all equipment and property

16  purchased with public education funds to the ownership of the

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

18  the event that the school terminates operations.  Any funds

19  recovered by the state shall be deposited in the General

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

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

22  school and operates in facilities provided by the charter

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

24  otherwise provided in the General Appropriations Act, the

25  funding allocation for each eligible charter school shall be

26  determined by multiplying the school's projected student

27  enrollment by one-fifteenth one-thirteenth of the

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

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

30  funds appropriated are not sufficient, the commissioner shall

31  prorate the available funds among eligible charter schools.


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  1  In the first quarter of the fiscal year, Funds shall be

  2  distributed on the basis of the capital outlay full-time

  3  equivalent membership by grade level, which shall be

  4  calculated by averaging the results of the second and third

  5  enrollment surveys. Sixty percent of the funds shall be

  6  distributed after the second enrollment survey and the balance

  7  shall be distributed after the third enrollment survey

  8  projected enrollment as provided in this section. The

  9  commissioner shall adjust subsequent distributions as

10  necessary to reflect each charter school's actual student

11  enrollment.  The commissioner shall establish the intervals

12  and procedures for determining the projected and actual

13  student enrollment of eligible charter schools.  If a school

14  district chooses to share funding for the capital outlay

15  purposes described in subsection (2) with the applicable

16  charter school or charter schools, any allocation of charter

17  school capital outlay funds to the charter school or charter

18  schools shall be reduced by the amount shared.

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

20  any unencumbered funds and all equipment and property

21  purchased with district public funds shall revert to the

22  ownership of the district school board, as provided for in s.

23  228.056(10)(e) and (f). In the case of a developmental

24  research school established pursuant to s. 228.053 to which a

25  charter has been issued, any unencumbered funds and all

26  equipment and property purchased with university public funds

27  shall revert to the ownership of the state university that

28  issued the charter. The reversion of such equipment, property,

29  and furnishings shall focus on recoverable assets, but not on

30  intangible or irrecoverable costs such as rental or leasing

31  fees, normal maintenance, and limited renovations. The


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  1  reversion of all property secured with public funds is subject

  2  to the complete satisfaction of all lawful liens or

  3  encumbrances. 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 5.  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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  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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  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.

24

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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  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 6.  Section 236.0817, Florida Statutes, is

  7  amended to read:

  8         236.0817  Developmental research schools; eligibility

  9  for categorical funding.--Categorical funds for developmental

10  research schools, including a developmental research school to

11  which a charter has been issued pursuant to s. 228.056(4)(e),

12  shall be allocated pursuant to s. 228.053(9)(a).

13         Section 7.  Subsections (2) and (9) of section 228.053,

14  Florida Statutes, are amended to read:

15         228.053  Developmental research schools.--

16         (2)  ESTABLISHMENT.--There is established a category of

17  public schools to be known as developmental research schools.

18  Each developmental research school shall provide sequential

19  instruction and shall be affiliated with the college of

20  education within the state university of closest geographic

21  proximity. A developmental research school to which a charter

22  has been issued under s. 228.056(4)(e) must be affiliated with

23  the college of education within the state university that

24  issued the charter, but is not subject to the requirement that

25  the state university be of closest geographic proximity. For

26  the purpose of state funding, Florida Agricultural and

27  Mechanical University, Florida Atlantic University, Florida

28  State University, the University of Florida, and other

29  universities approved by the Board of Regents, the State Board

30  of Education, and the Legislature are authorized to sponsor

31  developmental research schools.


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  1         (9)  FUNDING.--Funding for a developmental research

  2  school, including a developmental research school to which a

  3  charter has been issued under s. 228.056(4)(e), shall be

  4  provided as follows:

  5         (a)  Each developmental research school shall be

  6  allocated its proportional share of operating funds from the

  7  Florida Education Finance Program as provided in s. 236.081

  8  and the General Appropriations Act. The nonvoted ad valorem

  9  millage that would otherwise be required for developmental

10  research schools shall be allocated from state funds. The

11  required local effort funds calculated pursuant to s. 236.081

12  shall be allocated from state funds to the schools as a part

13  of the allocation of operating funds pursuant to s. 236.081.

14  Each eligible developmental research school shall also receive

15  a proportional share of the sparsity supplement as calculated

16  pursuant to s. 236.081. In addition, each developmental

17  research school shall receive its proportional share of all

18  categorical funds, with the exception of s. 236.083, and new

19  categorical funds enacted after July 1, 1994, for the purpose

20  of elementary or secondary academic program enhancement. The

21  sum of funds available as provided in this paragraph shall be

22  included annually in the Florida Education Finance Program and

23  appropriate categorical programs funded in the General

24  Appropriations Act.

25         (b)  There is created a Developmental Research School

26  Educational Facility Trust Fund to be administered by the

27  Commissioner of Education. Allocations from such fund shall be

28  expended solely for the purpose of facility construction,

29  repair, renovation, remodeling, site improvement, or

30  maintenance. The commissioner shall administer the fund in

31  accordance with ss. 235.41-235.435.


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  1         (c)  All operating funds provided under this section

  2  shall be deposited in a Developmental Research School Trust

  3  Fund in the State Treasury and shall be expended for the

  4  purposes of this section.  The university assigned a

  5  developmental research school shall be the fiscal agent for

  6  these funds, and all rules of the university governing the

  7  budgeting and expenditure of state funds shall apply to these

  8  funds unless otherwise provided by law or rule of the State

  9  Board of Education. The Board of Regents shall be the public

10  employer of developmental research school personnel for

11  collective bargaining purposes.

12         (d)  Each developmental research school shall receive

13  funds for operating purposes in an amount determined as

14  follows: multiply the maximum allowable nonvoted discretionary

15  millage for operations pursuant to s. 236.25(1) by the value

16  of 95 percent of the current year's taxable value for school

17  purposes for the district in which each developmental research

18  school is located; divide the result by the total full-time

19  equivalent membership of the district; and multiply the result

20  by the full-time equivalent membership of the developmental

21  research school. The amount thus obtained shall be

22  discretionary operating funds and shall be appropriated from

23  state funds in the General Appropriations Act to the

24  Developmental Research School Trust Fund.

25         (e)  Each developmental research school shall receive

26  funds for capital improvement purposes in an amount determined

27  as follows: multiply the maximum allowable nonvoted

28  discretionary millage for capital improvements pursuant to s.

29  236.25(2) by the value of 95 percent of the current year's

30  taxable value for school purposes for the district in which

31  each developmental research school is located; divide the


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  1  result by the total full-time equivalent membership of the

  2  district; and multiply the result by the full-time equivalent

  3  membership of the developmental research school. The amount

  4  thus obtained shall be discretionary capital improvement funds

  5  and shall be appropriated from state funds in the General

  6  Appropriations Act to the Developmental Research School

  7  Educational Facility Trust Fund. For purposes of this

  8  paragraph, the full-time equivalent membership of the

  9  developmental research school shall not include the 25

10  unweighted full-time equivalent count specified in paragraph

11  (h).

12         (f)  In addition to the funds appropriated for capital

13  outlay budget needs, developmental research schools may

14  receive specific funding as specified in the General

15  Appropriations Act for upgrading, renovating, and remodeling

16  science laboratories.

17         (g)  Each developmental research school is designated a

18  teacher education center and may provide inservice training to

19  school district personnel. The Department of Education shall

20  provide funds to the Developmental Research School Trust Fund

21  for this purpose from appropriations for inservice teacher

22  education.

23         (h)  A developmental research school to which a charter

24  has been issued under s. 228.056(4)(e), is eligible to receive

25  funding for charter school capital outlay if it meets the

26  eligibility requirements of s. 228.0561. If the developmental

27  research school receives funds from charter school capital

28  outlay, the school shall receive capital outlay funds

29  otherwise provided in this subsection only to the extent that

30  funds allocated pursuant to s. 228.0561 are insufficient to

31


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  1  provide capital outlay funds to the developmental research

  2  school at one-fifteenth of the cost per student station.

  3         Section 8.  Subsection (4) of section 228.505, Florida

  4  Statutes, is amended to read:

  5         228.505  Charter technical career centers.--

  6         (4)  CHARTER.--A sponsor may designate centers as

  7  provided in this section.  An application to establish a

  8  center may be submitted by a sponsor or another organization

  9  that is determined, by rule of the State Board of Education,

10  to be appropriate. However, an independent school is not

11  eligible for status as a center.  The charter must be signed

12  by the governing body of the center and the sponsor, and must

13  be approved by the district school board and community college

14  board of trustees in whose geographic region the facility is

15  located. If a charter technical career center is established

16  by the conversion to charter status of a public technical

17  center formerly governed by a district school board, the

18  charter status of that center takes precedence in any question

19  of governance. The governance of the center or of any program

20  within the center remains with its board of directors unless

21  the board agrees to a change in governance or its charter is

22  revoked as provided in subsection (15). Such a conversion

23  charter technical career center is not affected by a change in

24  the governance of public technical centers or of programs

25  within other centers that are or have been governed by

26  district school boards. A charter technical career center, or

27  any program within such a center, that was governed by a

28  school board and transferred to a community college prior to

29  the effective date of this act is not affected by this

30  provision. An applicant who wishes to establish a center must

31  submit to the local school board or community college district


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  1  board of trustees, or a consortium of one or more of each, an

  2  application that includes:

  3         (a)  The name of the proposed center.

  4         (b)  The proposed structure of the center, including a

  5  list of proposed members of the board of directors or a

  6  description of the qualifications for and method of their

  7  appointment or election.

  8         (c)  The workforce development goals of the center, the

  9  curriculum to be offered, and the outcomes and the methods of

10  assessing the extent to which the outcomes are met.

11         (d)  The admissions policy and criteria for evaluating

12  the admission of students.

13         (e)  A description of the staff responsibilities and

14  the proposed qualifications of the teaching staff.

15         (f)  A description of the procedures to be implemented

16  to ensure significant involvement of representatives of

17  business and industry in the operation of the center.

18         (g)  A method for determining whether a student has

19  satisfied the requirements for graduation specified in s.

20  232.246 and for completion of a postsecondary certificate or

21  degree.

22         (h)  A method for granting secondary and postsecondary

23  diplomas, certificates, and degrees.

24         (i)  A description of and address for the physical

25  facility in which the center will be located.

26         (j)  A method of resolving conflicts between the

27  governing body of the center and the sponsor and between

28  consortium members, if applicable.

29         (k)  A method for reporting student data as required by

30  law and rule.

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  1         (l)  Other information required by the local school

  2  board or community college district board of trustees.

  3

  4  Students at a center must meet the same testing and academic

  5  performance standards as those established by law and rule for

  6  students at public schools and public technical centers.  The

  7  students must also meet any additional assessment indicators

  8  that are included within the charter approved by the district

  9  school board or community college district board of trustees.

10         Section 9.  This act shall take effect July 1, 2000.

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