House Bill hb1361e1

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                                       CS/HB 1361, First Engrossed



  1                      A bill to be entitled

  2         An act relating to charter schools; amending s.

  3         228.056, F.S.; prohibiting a public school from

  4         using the word "charter" in its name unless it

  5         is currently operating under a charter that has

  6         been granted pursuant to this section;

  7         providing additional purposes of charter

  8         schools; requiring a public school to have been

  9         in operation for at least 2 years prior to

10         application to convert to charter school

11         status; requiring a school board to provide

12         notice of denial to charter school applicant in

13         writing; prohibiting a sponsor from charging a

14         fee related to the consideration of a charter

15         school application; prohibiting the

16         consideration or approval of a charter school

17         application from being contingent on the

18         promise of future payment of any kind;

19         clarifying provisions relating to appeals of

20         denial of charter school applications; deleting

21         provisions relating to failure to act in

22         accordance with the recommendation of the State

23         Board of Education regarding a charter school

24         application; exempting a charter school from a

25         sponsor's policies; authorizing charter school

26         cooperatives; deleting a cap on the number of

27         newly created charter schools; authorizing

28         students in a charter school-in-a-development

29         or charter school-in-a-municipality as a

30         condition of eligibility; authorizing students

31         articulating from one charter school to another


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                                       CS/HB 1361, First Engrossed



  1         as a condition of eligibility; authorizing the

  2         establishment of reasonable academic, artistic,

  3         or other standards as a condition for

  4         eligibility; requiring the capacity of a

  5         charter school to be annually determined by the

  6         charter school's governing body based on

  7         certain factors; allowing required financial

  8         records to follow accounting principles for

  9         not-for-profit organizations; requiring a

10         charter to address the identification and

11         acquisition of appropriate technologies;

12         requiring a charter to address how a school

13         board shall provide academic student

14         performance data to charter schools; requiring

15         a charter to address means for ensuring

16         accountability; requiring a charter to address

17         a description of delineated responsibilities

18         needed to effectively manage the charter

19         school; requiring a charter to address

20         procedures that identify risks and provide an

21         approach to remove the impact of losses;

22         requiring a charter to include a financial plan

23         for the facilities to be used; requiring a

24         charter to address the strategies used to

25         recruit qualified staff; requiring the

26         governing body to exercise continuing oversight

27         over charter school operations; providing for

28         appeal of a sponsor's decision to terminate a

29         charter; providing for a charter school

30         governing board to request a waiver of statutes

31         directly from the commissioner, rather than


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                                       CS/HB 1361, First Engrossed



  1         through the sponsor; providing for notice of

  2         receipt and final disposition of such request;

  3         stipulating that a charter school may not

  4         knowingly employ an individual whose

  5         certification has been revoked by this or any

  6         other state; requiring student enrollment

  7         report to be submitted in a certain format;

  8         prohibiting a sponsor from withholding an

  9         administrative fee from certain funds;

10         requiring PECO maintenance funds to remain with

11         a conversion charter school; authorizing the

12         establishment of a charter

13         school-in-a-development and a charter

14         school-in-a-municipality; amending s. 228.0561,

15         F.S.; deleting current capital outlay

16         distribution methods; requiring the Department

17         of Education to distribute capital outlay funds

18         on a monthly basis; amending s. 228.058, F.S.;

19         requiring public schools in a charter school

20         district to vote by a time certain to convert

21         to a charter school; amending s. 232.425, F.S.;

22         authorizing charter school students to

23         participate at the public school to which the

24         student would be assigned in any

25         interscholastic extracurricular activity of

26         that school; amending s. 159.27, F.S.;

27         redefining the term "educational facility" for

28         purposes of part II of ch. 159, F.S., the

29         Florida Industrial Development Financing Act,

30         to include charter schools and developmental

31         research schools; providing an effective date.


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                                       CS/HB 1361, First Engrossed



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

  2

  3         Section 1.  Section 228.056, Florida Statutes, is

  4  amended to read:

  5         228.056  Charter schools.--

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

  7  hereby authorized.  Charter schools shall be part of the

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

  9  Florida are fully recognized as public schools. A charter

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

11  existing public school to charter status. A public school

12  shall not use the word "charter" in its name or title unless

13  that school is currently operating under a charter that has

14  been granted pursuant to this section.

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

16  to:

17         (a)  Improve student learning.

18         (b)  Increase learning opportunities for all students,

19  with special emphasis on expanded learning experiences for

20  students who are identified as academically low achieving.

21         (c)  Encourage the use of different and innovative

22  learning methods.

23         (d)  Increase choice of learning opportunities for

24  students.

25         (e)  Establish a new form of accountability for

26  schools.

27         (f)  Require the measurement of learning outcomes and

28  create innovative measurement tools.

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

30

31


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                                       CS/HB 1361, First Engrossed



  1         (h)  Create new professional opportunities for

  2  teachers, including the opportunity to own the learning

  3  program at the school site.

  4         (i)  Provide rigorous competition within the public

  5  school district to stimulate continual improvements in all

  6  public schools.

  7         (j)  Provide additional academic choices for parents

  8  and students.

  9         (k)  Expand the capacity of the public school system.

10         (3)  APPLICATION; UNLAWFUL REPRISAL.--

11         (a)1.  An application for a new charter school may be

12  made by an individual, teachers, parents, a group of

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

14  the laws of this state.

15         2.  The district school board or the principal,

16  teachers, parents, and/or the school advisory council at an

17  existing public school that has been in operation for at least

18  2 years prior to the application to convert, including a

19  public school-within-a-school that is designated as a school

20  by the district school board, shall submit any application for

21  converting the school to a charter school. An application

22  submitted proposing to convert an existing public school to a

23  charter school shall demonstrate the support of at least 50

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

25  of the parents voting whose children are enrolled at the

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

27  vote participate in the ballot process, according to

28  procedures established by rules of the state board. A district

29  school board denying such an application for a conversion

30  charter school shall provide notice of denial to the

31  applicants in writing within 30 days. The notice shall specify


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                                       CS/HB 1361, First Engrossed



  1  the exact reasons for denial and provide documentation

  2  supporting those reasons.

  3

  4  A private school, parochial school, or home education program

  5  shall not be eligible for charter school status.

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

  7  employee who has control over personnel actions, shall take

  8  unlawful reprisal against another district school board

  9  employee because that employee is either directly or

10  indirectly involved with an application to establish a charter

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

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

13  a school system employee against an employee who is directly

14  or indirectly involved in a lawful application to establish a

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

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

17  following: disciplinary or corrective action; adverse transfer

18  or reassignment, whether temporary or permanent; suspension,

19  demotion, or dismissal; an unfavorable performance evaluation;

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

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

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

23  changes in duties or responsibilities that are inconsistent

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

25  following procedures shall apply to an alleged unlawful

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

27  or indirect involvement with an application to establish a

28  charter school:

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

30  subsection, an employee may file a complaint with the

31  Department of Education.


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                                       CS/HB 1361, First Engrossed



  1         2.  Within 3 working days after receiving a complaint

  2  under this section, the department shall acknowledge receipt

  3  of the complaint and provide copies of the complaint and any

  4  other relevant preliminary information available to each of

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

  6  each acknowledge receipt of such copies to the complainant.

  7         3.  If the department determines that the complaint

  8  demonstrates reasonable cause to suspect that an unlawful

  9  reprisal has occurred, the department shall conduct an

10  investigation to produce a fact-finding report.

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

12  department shall provide the superintendent of schools of the

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

14  report that may include recommendations to the parties or

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

16  shall be presumed admissible in any subsequent or related

17  administrative or judicial review.

18         5.  If the department determines that reasonable

19  grounds exist to believe that an unlawful reprisal has

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

21  conciliate a complaint within 60 days after receipt of the

22  fact-finding report, the department shall terminate the

23  investigation. Upon termination of any investigation, the

24  department shall notify the complainant and the superintendent

25  of schools of the termination of the investigation, providing

26  a summary of relevant facts found during the investigation and

27  the reasons for terminating the investigation. A written

28  statement under this paragraph is presumed admissible as

29  evidence in any judicial or administrative proceeding.

30         6.  The department shall either contract with the

31  Division of Administrative Hearings under s. 120.65, or


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                                       CS/HB 1361, First Engrossed



  1  otherwise provide for a complaint for which the department

  2  determines reasonable grounds exist to believe that an

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

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

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

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

  7  decision by the department.

  8

  9  It shall be an affirmative defense to any action brought

10  pursuant to this section that the adverse action was

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

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

13  section.

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

15  it is determined reasonable grounds exist to believe that an

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

17  taken, the relief must include the following:

18         1.  Reinstatement of the employee to the same position

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

20  equivalent position, or payment of reasonable front pay as

21  alternative relief.

22         2.  Reinstatement of the employee's full fringe

23  benefits and seniority rights, as appropriate.

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

25  benefits, or other lost remuneration caused by the unlawful

26  reprisal.

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

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

29  prevailing employer if the employee filed a frivolous action

30  in bad faith.

31


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                                       CS/HB 1361, First Engrossed



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

  2  court of competent jurisdiction.

  3         6.  Temporary reinstatement to the employee's former

  4  position or to an equivalent position, pending the final

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

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

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

  8  personnel action against the employee which includes

  9  documentation of the employee's violation of a disciplinary

10  standard or performance deficiency.

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

12  charter school in the county over which the board has

13  jurisdiction.

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

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

16  shall receive and consider charter school applications

17  received on or before October 1 of each calendar year for

18  charter schools to be opened at the beginning of the school

19  district's next school year, or to be opened at a time agreed

20  to by the applicant and the district school board.  A district

21  school board may receive applications later than this date if

22  it chooses. No potential sponsor may charge a charter school

23  applicant any fee related to the processing or consideration

24  of the charter school application, nor shall the promise of

25  future payment of any kind be a condition of the consideration

26  or approval of a charter school application.

27         1.  In order to facilitate an accurate budget

28  projection process, a district school board shall be held

29  harmless for FTE students which are not included in the FTE

30  projection due to approval of charter school applications

31  after the FTE projection deadline. In a further effort to


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                                       CS/HB 1361, First Engrossed



  1  facilitate an accurate budget projection, within 15 calendar

  2  days after receipt of a charter school application, a district

  3  school board or other sponsor shall report to the Department

  4  of Education the name of the applicant entity, the proposed

  5  charter school location, and its projected FTE.

  6         2.  A district school board must by a majority vote

  7  approve or deny an application no later than 60 calendar days

  8  after the application is received, unless the district school

  9  board and the applicant mutually agree to temporarily postpone

10  the vote to a specific date, at which time the district school

11  board must by a majority vote approve or deny the application.

12  If the district school board fails to act on the application,

13  an applicant may appeal to the State Board of Education as

14  provided in paragraph (b). If an application is denied, the

15  district school board must, within 10 calendar days,

16  articulate in writing the specific reasons based upon good

17  cause supporting its denial of the charter application.

18         3.  For budget projection purposes, the district school

19  board or other sponsor shall report to the department the

20  approval or denial of a charter application within 10 calendar

21  days after such approval or denial. In the event of approval,

22  the report to the department must include the final projected

23  FTE for the approved charter school.

24         4.  Upon approval of a charter application, the initial

25  startup must commence be consistent with the beginning of the

26  public school calendar for the district in which the charter

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

28  this provision for good cause.

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

30  applicant's application or failure to act on an application to

31  the State Board of Education no later than 30 calendar days


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                                       CS/HB 1361, First Engrossed



  1  after receipt of the district school board's decision or

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

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

  4  submitted to the state board within 30 calendar days after

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

  6  vote accept or reject the decision of the district school

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

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

  9  reject an appeal submission for failure to comply with

10  procedural rules governing the appeals process.  The rejection

11  shall describe the submission errors.  The appellant may have

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

13  appeal that meets requirements of rule.  An application for

14  appeal submitted subsequent to such rejection shall be

15  considered timely if the original appeal was filed within 30

16  calendar days after receipt of notice of specific reasons for

17  the school board denial of the charter application. The state

18  board shall remand the application to the district school

19  board with its written decision recommendation that the

20  district board approve or deny the application consistent with

21  the state board's decision. The decision of the State Board of

22  Education is not subject to the provisions of the

23  Administrative Procedure Act, chapter 120.

24         (c)  The district school board must act in accordance

25  with upon the decision recommendation of the State Board of

26  Education within 30 calendar days after it is received. The

27  district board may fail to act in accordance with the

28  recommendation of the state board only for good cause. Good

29  cause for failing to act in accordance with the state board's

30  recommendation arises only if the district school board

31  determines by competent substantial evidence that approving


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                                       CS/HB 1361, First Engrossed



  1  the state board's recommendation would be contrary to law or

  2  contrary to the best interests of the pupils or the community.

  3  The district school board must articulate in written findings

  4  the specific reasons based upon good cause supporting its

  5  failure to act in accordance with the state board's

  6  recommendation. The district board's action on the state

  7  board's recommendation is a final action subject to judicial

  8  review.

  9         (d)  The Department of Education may provide technical

10  assistance to an applicant upon written request.

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

12  may grant a charter to a developmental research school created

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

14  university must consult with the district school board of the

15  county in which the developmental research school is located.

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

17  the procedure established in this subsection.

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

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

20  applicant in a written contractual agreement, called a

21  charter. The sponsor shall not impose unreasonable rules or

22  regulations that violate the intent of giving charter schools

23  greater flexibility to meet educational goals. The applicant

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

25  the provisions of the charter.  The Department of Education

26  shall provide mediation services for any dispute regarding

27  this section of statute subsequent to the approval of a

28  charter application, except disputes regarding charter school

29  application denials.  If the Commissioner of Education

30  determines that the dispute cannot be settled through

31  mediation, the dispute may be appealed to an administrative


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                                       CS/HB 1361, First Engrossed



  1  law judge appointed by the Division of Administrative

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

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

  4  whether proposed provisions of the charter violate the

  5  intended flexibility granted charter schools by statute, or on

  6  any other matter regarding this section except a charter

  7  school application denial, and shall award the prevailing

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

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

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

11  rules against.

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

13  school in its progress towards the goals established in the

14  charter.

15         (h)  The sponsor shall monitor the revenues and

16  expenditures of the charter school.

17         (i)  A charter school shall be exempt from the

18  sponsor's policies.

19         (5)  CHARTER SCHOOL COOPERATIVES.--Charter schools may

20  enter into cooperative agreements to form charter school

21  cooperative organizations which may provide the following

22  services: charter school planning and development, direct

23  instructional services, contracts with charter school

24  governing boards to provide personnel administrative services,

25  payroll services, human resource management, evaluation and

26  assessment services, teacher preparation, and professional

27  development.

28         (5)  NUMBER OF SCHOOLS.--

29         (a)  The number of newly created charter schools is

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

31  100,000 or more students, no more than 20 in each school


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                                       CS/HB 1361, First Engrossed



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

  2  12 in each school district with fewer than 50,000 students.

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

  4  charter school shall not be counted towards the limit

  5  established by paragraph (a).

  6

  7  Notwithstanding any limit established by this subsection, a

  8  district school board or a charter school applicant shall have

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

10  charter schools authorized to be established within the

11  district from the State Board of Education.

12         (6)  ELIGIBLE STUDENTS.--

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

14  covered in an interdistrict agreement or residing in the

15  school district in which the charter school is located;

16  however, in the case of a developmental research school

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

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

19  any student eligible to attend the developmental research

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

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

22  student shall be allowed interdistrict transfer to attend a

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

24  converts to charter status, enrollment preference shall be

25  given to students who would have otherwise attended that

26  public school. A charter school may give enrollment preference

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

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

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

30         (b)  The charter school shall enroll an eligible

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


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                                       CS/HB 1361, First Engrossed



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

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

  3  equal chance of being admitted through a random selection

  4  process.

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

  6  only to target the following student populations:

  7         1.  Students within specific age groups or grade

  8  levels.

  9         2.  Students considered at risk of dropping out of

10  school or academic failure. Such students shall include

11  exceptional education students.

12         3.  Students enrolling in a charter

13  school-in-the-workplace, charter school-in-a-development, or

14  charter school-in-a-municipality established pursuant to

15  subsection (22).

16         4.  Students residing within a reasonable distance of

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

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

19  racial/ethnic balance provisions described in subparagraph

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

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

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

23  schools in the same school district.

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

25  other eligibility standards that are established by the

26  charter school and included in the charter school application

27  and charter or, in the case of existing charter schools, that

28  are consistent with the school's mission and purpose. Such

29  standards must be in accordance with current state law and

30  practice in public schools and may not discriminate against

31  otherwise qualified individuals.


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                                       CS/HB 1361, First Engrossed



  1         6.  Students articulating from one charter school to

  2  another pursuant to an articulation agreement between the

  3  charter schools that has been approved by the sponsor.

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

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

  6  school board policy.

  7         (e)  Students with handicapping conditions and students

  8  served in English for Speakers of Other Languages programs

  9  shall have an equal opportunity of being selected for

10  enrollment in a charter school.

11         (f)  The capacity of the charter school shall be

12  determined annually by the charter school's governing board,

13  in conjunction with the sponsor, based on consideration of the

14  factors included in paragraphs (b) and (c).

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

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

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

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

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

20  charter school may participate in the Florida Retirement

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

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

23  Florida Retirement System, the charter school employees shall

24  be compulsory members of the Florida Retirement System. As

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

26  contract for services with an individual or group of

27  individuals who are organized as a partnership or a

28  cooperative. Individuals or groups of individuals who contract

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

30         (8)  REQUIREMENTS.--

31


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                                       CS/HB 1361, First Engrossed



  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." or, at the discretion of the

30  charter school governing board, a charter school may elect to

31  follow accounting standards for not-for-profit organizations,


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                                       CS/HB 1361, First Engrossed



  1  but must reformat this information for reporting according to

  2  this paragraph. Charter schools are to provide annual

  3  financial report and program cost report information in the

  4  state-required formats for inclusion in district reporting in

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

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

  7  nonprofit organization may use the accounting system of the

  8  municipality or the parent, but must reformat this information

  9  for reporting according to this paragraph.

10         (j)  The governing board of a charter school shall

11  annually adopt and maintain an operating budget.

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

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

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

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

16  hearing to ensure community input.

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

18  approval of the charter shall be based on:

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

20  and the ages and grades to be included.

21         2.  The focus of the curriculum, the instructional

22  methods to be used, and any distinctive instructional

23  techniques to be employed, and identification and acquisition

24  of appropriate technologies needed to improve educational and

25  administrative performance. This shall include a means for

26  promoting safe, ethical, and appropriate uses of technology

27  that comply with legal and professional standards.

28         3.  The current incoming baseline standard of student

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

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

31  include a detailed description for each of the following:


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                                       CS/HB 1361, First Engrossed



  1         a.  How the baseline student academic achievement

  2  levels and prior rates of academic progress will be

  3  established.

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

  5  of academic progress achieved by these same students while

  6  attending the charter school.

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

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

  9  closely comparable student populations.

10         d.  How the district school board shall provide

11  academic student performance data to charter schools for each

12  of its students coming from the district school system as well

13  as rates of academic progress of comparable student

14  populations in the district school system.

15         4.  The methods used to identify the educational

16  strengths and needs of students and how well educational goals

17  and performance standards are met by students attending the

18  charter school. Included in the methods are a means for

19  ensuring accountability to its constituents by analyzing

20  student performance data and by evaluating the effectiveness

21  and efficiency of its major educational programs. Students in

22  charter schools shall, at a minimum, participate in the

23  statewide assessment program.

24         5.  In secondary charter schools, a method for

25  determining that a student has satisfied the requirements for

26  graduation in s. 232.246.

27         6.  A method for resolving conflicts between the

28  governing body of the charter school and the sponsor.

29         7.  The admissions procedures and dismissal procedures,

30  including the school's code of student conduct.

31


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                                       CS/HB 1361, First Engrossed



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

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

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

  4  same school district.

  5         9.  The financial and administrative management of the

  6  school, including a reasonable demonstration of the

  7  professional experience or competence of those individuals or

  8  organizations applying to operate the charter school or those

  9  hired or retained to perform such professional services and

10  the description of clearly delineated responsibilities and the

11  policies and practices needed to effectively manage the

12  charter school. A description of internal audit procedures and

13  establishment of controls to ensure that financial resources

14  are properly managed shall be included. Both public sector and

15  private sector professional experience shall be equally valid

16  in such a consideration.

17         10.  A description of procedures that identify various

18  risks and provide for a comprehensive approach to reduce the

19  impact of losses, a plan to ensure the safety and security of

20  students and staff, plans to identify, minimize, and protect

21  others from violent and/or disruptive student behavior, and

22  the manner in which the school will be insured, including

23  whether or not the school will be required to have liability

24  insurance, and, if so, the terms and conditions thereof and

25  the amounts of coverage.

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

27  cancellation of the charter if insufficient progress has been

28  made in attaining the student achievement objectives of the

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

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

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


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                                       CS/HB 1361, First Engrossed



  1  facilitate access to long-term financial resources for charter

  2  school construction, charter schools that are operated by a

  3  municipality or other public entity as provided by law are

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

  5  the local school board. A developmental research school is

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

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

  8  to facilitate access to long-term financial resources for

  9  charter school construction, charter schools that are operated

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

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

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

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

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

15  the provisions set forth in subsection (10).

16         12.  The facilities to be used and their location,

17  including a description or documentation that facilities and

18  equipment are safe and in good working condition and a

19  financial plan identifying the means to:

20         a.  Provide funds to purchase real property.

21         b.  Construct, renovate, repair, and maintain school

22  facilities.

23         c.  Purchase, lease-purchase, or lease permanent or

24  relocatable facilities.

25         d.  Purchase vehicles to transport students to and from

26  the charter school.

27

28  Funds which may be appropriated by the Legislature for charter

29  school fixed capital outlay shall be included in this

30  financial plan as a separate source of potential income.

31


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                                       CS/HB 1361, First Engrossed



  1         13.  The qualifications to be required of the teachers

  2  and the potential strategies used to recruit, hire, train, and

  3  retain qualified staff.

  4         14.  The governance structure of the school, including

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

  6  employer as required in subsection (7).

  7         15.  A timetable for implementing the charter which

  8  addresses the implementation of each element thereof and the

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

10  this timetable.

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

12  converted to charter status, alternative arrangements for

13  current students who choose not to attend the charter school

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

15  charter school after conversion in accordance with the

16  existing collective bargaining agreement or school board

17  policy in the absence of a collective bargaining agreement.

18  However, alternative arrangements shall not be required for

19  current teachers who choose not to teach in a developmental

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

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

22  policies of the state university which grants the charter to

23  the developmental research school.

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

25  provided that a program review demonstrates that the criteria

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

27  none of the grounds for nonrenewal established by paragraph

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

29  financing for charter school construction, charter schools

30  operating for a minimum of 2 years and demonstrating exemplary

31  academic programming and fiscal management are eligible for a


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                                       CS/HB 1361, First Engrossed



  1  15-year charter renewal. Such long-term charter is subject to

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

  3  charter.

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

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

  6  the charter school governing board and the approval of both

  7  parties to the agreement.

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

  9  exercise continuing oversight over charter school operations

10  and make annual progress reports to its sponsor, which upon

11  verification shall be forwarded to the Commissioner of

12  Education at the same time as other annual school

13  accountability reports.  The report shall contain at least the

14  following information:

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

16  goals outlined in its charter.

17         2.  The information required in the annual school

18  report pursuant to s. 229.592.

19         3.  Financial records of the charter school, including

20  revenues and expenditures.

21         4.  Salary and benefit levels of charter school

22  employees.

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

24  innovative and consistent with the state education goals

25  established by s. 229.591.

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

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

28  the State Board of Education, the Commissioner of Education,

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

30  Representatives an analysis and comparison of the overall

31  performance of charter school students, to include all


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                                       CS/HB 1361, First Engrossed



  1  students whose scores are counted as part of the state

  2  assessment program, versus comparable public school students

  3  in the district as determined by the state assessment program

  4  currently administered in the school district, and, as

  5  appropriate, the Florida Writes Assessment Test, the High

  6  School Competency Test, and other assessments administered

  7  pursuant to s. 229.57(3).

  8         (g)  Whenever a municipality has submitted charter

  9  applications for the establishment of a charter school feeder

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

11  upon approval of each individual charter application by the

12  district school board, such applications will then be

13  designated as one charter for all purposes listed pursuant to

14  this section.

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

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

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

18  grounds:

19         1.  Failure to meet the requirements for student

20  performance stated in the charter.

21         2.  Failure to meet generally accepted standards of

22  fiscal management.

23         3.  Violation of law.

24         4.  Other good cause shown.

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

26  terminate the charter for any of the grounds listed in

27  paragraph (a).

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

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

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

31  state in reasonable detail the grounds for the proposed action


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                                       CS/HB 1361, First Engrossed



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

  2  calendar days after receiving the notice, request an informal

  3  hearing before the sponsor. The sponsor shall conduct the

  4  informal hearing within 30 calendar days after receiving a

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

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

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

  8  decision pursuant to the procedure established in subsection

  9  (4).

10         (d)  A charter may be terminated immediately if the

11  sponsor determines that good cause has been shown or if the

12  health, safety, or welfare of the students is threatened. The

13  school district in which the charter school is located shall

14  assume operation of the school under these circumstances.

15  With the exception of those instances when a charter is

16  immediately terminated because the sponsor determines that the

17  health, safety, or welfare of students is threatened, the

18  charter school's governing body may, within 14 days after

19  receiving the sponsor's decision to terminate the charter,

20  appeal the decision pursuant to the procedure established in

21  subsection (4).

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

23  the school shall be dissolved under the provisions of law

24  under which the school was organized, and any unencumbered

25  public funds from the charter school shall revert to the

26  district school board.  In the event a charter school is

27  dissolved or is otherwise terminated, all district school

28  board property and improvements, furnishings, and equipment

29  purchased with public funds shall automatically revert to full

30  ownership by the district school board, subject to complete

31  satisfaction of any lawful liens or encumbrances. In case of


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                                       CS/HB 1361, First Engrossed



  1  real property, school districts may have first right of

  2  refusal in determining whether to assume the asset.

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

  4  charter governing body of the school is responsible for all

  5  debts of the charter school. The district may not assume the

  6  debt from any contract for services made between the governing

  7  body of the school and a third party, except for a debt that

  8  is previously detailed and agreed upon in writing by both the

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

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

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

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

13  enrolled in, another public school. Normal application

14  deadlines shall be disregarded under such circumstances.

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

16  operate in accordance with its charter and shall be exempt

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

18  specifically applying to charter schools; those pertaining to

19  the provision of services to students with disabilities; those

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

21  discrimination; and those pertaining to student health,

22  safety, and welfare; or as otherwise required by this section.

23  A charter school shall not be exempt from the following

24  statutes:  chapter 119, relating to public records, and s.

25  286.011, relating to public meetings and records, public

26  inspection, and penalties. The charter school governing board

27  sponsor, upon request of a charter school, may apply to the

28  Commissioner of Education for a waiver of provisions of

29  chapters 230-239 which are applicable to charter schools under

30  this section, except that the provisions of chapter 236 or

31  chapter 237 shall not be eligible for waiver if the waiver


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                                       CS/HB 1361, First Engrossed



  1  would affect funding allocations or create inequity in public

  2  school funding. The commissioner must confirm receipt of a

  3  waiver request from a charter school by providing a copy of

  4  the request to the sponsor. The commissioner may grant the

  5  waiver if necessary to implement the school program, and shall

  6  provide notice of the final dispensation of the waiver request

  7  to the charter school governing board and the charter school's

  8  sponsor.

  9         (12)  EMPLOYEES OF CHARTER SCHOOLS.--

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

11  charter school may contract with its sponsor for the services

12  of personnel employed by the sponsor.

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

14  bargain collectively.  Employees may collectively bargain as a

15  separate unit or as part of the existing district collective

16  bargaining unit as determined by the structure of the charter

17  school.

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

19  remain public employees for all purposes, unless such

20  employees choose not to do so.

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

22  part of a professional group that subcontracts with the

23  charter school to operate the instructional program under the

24  auspices of a partnership or cooperative that they

25  collectively own. Under this arrangement, the teachers would

26  not be public employees.

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

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

29  district school board. While employed by the charter school

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

31  employee may retain seniority accrued in that school district


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                                       CS/HB 1361, First Engrossed



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

  2  school district, if the charter school and the district school

  3  board agree to this arrangement and its financing. School

  4  districts shall not require resignations of teachers desiring

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

  6  prohibit a school board from approving alternative leave

  7  arrangements consistent with chapter 231.

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

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

10  A charter school governing board may employ or contract with

11  skilled selected noncertified personnel to provide

12  instructional services or to assist instructional staff

13  members as education paraprofessionals in the same manner as

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

15  Education rule for charter school governing boards. A charter

16  school may not knowingly employ an individual to provide

17  instructional services or to serve as an education

18  paraprofessional if the individual's certification or

19  licensure as an educator is suspended or revoked by this or

20  any other state. A charter school may not knowingly employ an

21  individual who has resigned from a school district in lieu of

22  disciplinary action with respect to child welfare or safety,

23  or who has been dismissed for just cause by any school

24  district with respect to child welfare or safety. The

25  qualifications of teachers shall be disclosed to a parent at

26  the time the parent submits an admission application to a

27  charter school parents.

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

29  employees who have been fingerprinted as provided in s.

30  231.02. Members of the governing board of the charter school

31


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                                       CS/HB 1361, First Engrossed



  1  shall also be fingerprinted in a manner similar to that

  2  provided in s. 231.02.

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

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

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

  6  enrolled in other public schools in the school district.

  7  Funding for a chartered developmental research school shall be

  8  as provided in s. 228.053(9).

  9         (a)  Each charter school shall report its student

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

11  236.081, and in accordance with the definitions in s. 236.013.

12  Such report shall be submitted to the sponsor in the format

13  that the sponsor is required to submit the district's

14  information to the Department of Education. The district

15  school board shall include each charter school's enrollment in

16  the district's report of student enrollment.

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

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

19  district's operating funds from the Florida Education Finance

20  Program as provided in s. 236.081 and the General

21  Appropriations Act, including gross state and local funds,

22  discretionary lottery funds, and funds from the school

23  district's current operating discretionary millage levy;

24  divided by total funded weighted full-time equivalent students

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

26  equivalent students for the charter school.  Charter schools

27  whose students or programs meet the eligibility criteria in

28  law shall be entitled to their proportionate share of

29  categorical program funds included in the total funds

30  available in the Florida Education Finance Program by the

31  Legislature, including transportation.  Total funding for each


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                                       CS/HB 1361, First Engrossed



  1  charter school will be recalculated during the year to reflect

  2  the revised calculations under the Florida Education Finance

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

  4  equivalent students reported by the charter school during the

  5  full-time equivalent student survey periods designated by the

  6  Commissioner of Education.

  7         (c)  Transportation of charter school students shall be

  8  provided by the charter school consistent with the

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

10  school may provide transportation through an agreement or

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

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

13  in making arrangements that ensure that transportation is not

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

15  reasonable distance of the charter school as determined in its

16  charter.

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

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

19  students enrolled in charter schools in the school district

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

21  provided students in the schools operated by the district

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

23  10306, all charter schools shall receive all federal funding

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

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

26  first opens and within 5 months after any subsequent expansion

27  of enrollment.

28         (e)  Any administrative fee charged by the school

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

30  percent of the available funds as defined in paragraph (b),

31  not including capital outlay funds, federal and state grants,


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                                       CS/HB 1361, First Engrossed



  1  or any other funds, unless explicitly provided by law. The

  2  sponsor shall provide certain administrative and educational

  3  services to charter schools at no additional fee. These

  4  services shall include contract management services, FTE and

  5  data reporting, exceptional student education administration,

  6  test administration, processing of teacher certificate data,

  7  and information services.

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

  9  that charter schools receive timely and efficient

10  reimbursement, including processing paperwork required to

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

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

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

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

15  Thereafter, the results of full-time equivalent student

16  membership surveys must be used in adjusting the amount of

17  funds distributed monthly to the charter school for the

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

19  later than 10 working days after the district school board

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

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

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

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

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

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

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

27  time as the warrant is issued.

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

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

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

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


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                                       CS/HB 1361, First Engrossed



  1  schools in the district.  A charter school receiving property

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

  3  property without written permission of the school district.

  4  Similarly, for an existing public school converting to charter

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

  6  for the property normally inventoried to the conversion school

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

  8  teachers organizing the charter school.  The charter

  9  organizers shall agree to reasonable maintenance provisions in

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

11  school board standards. The public education capital outlay

12  maintenance funds or any other maintenance funds generated by

13  the facility pursuant to s. 235.435(1)(a), and operated as a

14  conversion school shall remain with the conversion school as a

15  credit for fixed capital outlay maintenance needs, and against

16  which, necessary and proper fixed capital outlay maintenance

17  expenses attributable to the conversion school shall be

18  deducted.

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

20  the charter school through the contract with the school

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

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

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

24  schools to participate in the sponsor's bulk purchasing

25  program if applicable.

26         (i)  If any financings permitted by this section, s.

27  228.056, or any successor provision of law, are structured by

28  a charter school so that interest paid by the charter school

29  will be excluded from the gross income of the recipient for

30  federal income tax purposes, the appropriate district school

31  board shall expedite consideration of adoption of any


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                                       CS/HB 1361, First Engrossed



  1  resolution submitted to it within 30 days or at the next board

  2  meeting following the request of the charter school, whichever

  3  is most expedient for the charter school, by or on behalf of

  4  the charter school, for adoption for the purposes of Revenue

  5  Procedure 82-26 of the Internal Revenue Service, or any

  6  successor revenue procedure.  This section shall be liberally

  7  construed in order to achieve the purposes stated herein.

  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)  On the effective date of the Florida Building

28  Code, charter school facilities shall utilize facilities which

29  comply with section 306.1.1 of the rules promulgated pursuant

30  to the Florida After January 1, 2001, charter school

31  facilities shall utilize facilities which comply with the


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                                       CS/HB 1361, First Engrossed



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

  2  Prevention Code, pursuant to chapter 633.

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

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

  5  equipment, or personnel, if the applicant indicates approval

  6  is necessary for it to raise working capital.

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

  8  provide information to the public, directly and through

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

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

11  This information shall include a standard application format

12  which shall include the information specified in subsection

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

14  entities.

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

16  levy taxes or issue bonds secured by tax revenues.

17         (20)  REVIEW.--

18         (a)  The Department of Education shall regularly

19  convene a Charter School Review Panel in order to review

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

21  composition of the review panel shall include individuals with

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

23  school governance, and individuals familiar with charter

24  school construction and operation. The panel shall include two

25  appointees each from the Commissioner of Education, the

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

27  Representatives. The Governor shall appoint three members of

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

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

30  making the appointment. The panel shall make recommendations

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


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                                       CS/HB 1361, First Engrossed



  1  schools, and to school districts for improving charter school

  2  operations and oversight and for ensuring best business

  3  practices at and fair business relationships with charter

  4  schools.

  5         (b)  The Legislature shall review the operation of

  6  charter schools during the 2003 2005 Regular Session of the

  7  Legislature.

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

  9  consultation with school districts and charter school

10  directors, shall recommend that the State Board of Education

11  adopt rules to implement specific subsections of this section.

12  Such rules shall require minimum paperwork and shall not limit

13  charter school flexibility authorized by statute.

14         (22)  CHARTER SCHOOLS-IN-THE-WORKPLACE, CHARTER

15  SCHOOLS-IN-A-DEVELOPMENT, AND CHARTER

16  SCHOOLS-IN-A-MUNICIPALITY.--

17         (a)  In order to increase business partnerships in

18  education, to reduce school and classroom overcrowding

19  throughout the state, to encourage developers of residential

20  and other projects to provide school infrastructure concurrent

21  with school impacts, to promote and encourage local

22  communities to participate in and advance the cause of

23  neighborhood schools, and to offset the high costs for

24  educational facilities construction, the Legislature intends

25  to encourage the formation of business partnership schools or

26  satellite learning centers through charter school status.

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

28  established when a business partner provides the school

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

30  lottery which involves all of the children of employees of

31  that business or corporation who are seeking enrollment, as


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                                       CS/HB 1361, First Engrossed



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

  2  to the racial/ethnic balance provisions described in

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

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

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

  6  a public school.

  7         (c)  A charter school-in-a-development designation may

  8  be granted when the developer of a residential or other

  9  project provides the land and/or school facility to be used;

10  enrolls students based upon a random lottery which involves,

11  but is not limited to, all of the children of the residents of

12  that development who are seeking enrollment, as provided for

13  in subsection (6); and enrolls students according to the

14  racial/ethnic balance provisions described in subparagraph

15  (9)(a)8. Any portion of the land and facility used for a

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

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

18  a public school.

19         (d)  A charter school-in-a-municipality designation may

20  be granted to a municipality which possesses a charter;

21  enrolls students based upon a random lottery which involves,

22  but is not limited to, all of the children of the residents of

23  that municipality who are seeking enrollment, as provided for

24  in subsection (6); and enrolls students according to the

25  racial/ethnic balance provisions described in subparagraph

26  (9)(a)8. Any portion of the land and 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         (e)  For the purpose of this subsection, "business

31  partner," "employer," "developer," or "municipality" may be


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                                       CS/HB 1361, First Engrossed



  1  defined to include more than one business, employer,

  2  developer, or municipality to form a charter

  3  school-in-the-workplace, charter school-in-a-development, or

  4  charter school-in-a-municipality.

  5         Section 2.  Subsection (1) of section 228.0561, Florida

  6  Statutes, is amended to read:

  7         228.0561  Charter schools capital outlay funding.--

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

  9  charter school capital outlay purposes, the Commissioner of

10  Education shall allocate the funds among eligible charter

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

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

13  received final approval from its sponsor pursuant to s.

14  228.056 for operation during that fiscal year, and must serve

15  students in facilities that are not provided by the charter

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

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

18  the Department of Education shall ensure that the district

19  school board and the charter school governing board enter into

20  a written agreement that includes provisions for the reversion

21  of any unencumbered funds and all equipment and property

22  purchased with public education funds to the ownership of the

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

24  the event that the school terminates operations.  Any funds

25  recovered by the state shall be deposited in the General

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

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

28  school and operates in facilities provided by the charter

29  school's sponsor for a nominal fee or at no charge or if it is

30  directly or indirectly operated by the school district. Unless

31  otherwise provided in the General Appropriations Act, the


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                                       CS/HB 1361, First Engrossed



  1  funding allocation for each eligible charter school shall be

  2  determined by multiplying the school's projected student

  3  enrollment by one-fifteenth of the cost-per-student station

  4  specified in s. 235.435(6)(b) for an elementary, middle, or

  5  high school, as appropriate.  If the funds appropriated are

  6  not sufficient, the commissioner shall prorate the available

  7  funds among eligible charter schools. Funds shall be

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

  9  equivalent membership by grade level, which shall be

10  calculated by averaging the results of the second and third

11  enrollment surveys. The Department of Education shall

12  distribute capital outlay funds on a monthly basis beginning

13  in the first quarter of the fiscal year based on one-twelfth

14  of the amount the department may reasonably expect the charter

15  school to receive during that fiscal year. Sixty percent of

16  the funds shall be distributed after the second enrollment

17  survey, and the balance shall be distributed after the third

18  enrollment survey. The commissioner shall adjust subsequent

19  distributions as necessary to reflect each charter school's

20  actual student enrollment as reflected in the second and third

21  enrollment surveys. The commissioner shall establish the

22  intervals and procedures for determining the projected and

23  actual student enrollment of eligible charter schools.

24         Section 3.  Section 228.058, Florida Statutes, is

25  amended to read:

26         228.058  Charter School Districts Pilot Program.--The

27  State Board of Education is authorized to enter into a

28  performance contract with up to six school districts for the

29  purpose of establishing them as charter school districts. The

30  State Board of Education shall give priority to Hillsborough

31  and Volusia Counties upon the submission of a completed


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                                       CS/HB 1361, First Engrossed



  1  precharter agreement or charter proposal for a charter school

  2  district.  The purpose of this pilot program is to examine a

  3  new relationship between the State Board of Education and

  4  school districts that may produce significant improvements in

  5  student achievement and school management, while complying

  6  with constitutional requirements assigned to each entity.

  7  Beginning July 1, 2001, the State Board of Education shall

  8  provide the option to each school that has been in operation

  9  for at least 2 years within a school district that is approved

10  for charter school district status to vote within the first

11  year of the approved charter school district status, or if the

12  charter school district was approved prior to July 1, 2001, to

13  vote no later than June 30, 2002, to convert to charter school

14  status and upon the vote, as described in s. 228.056(3)(a), to

15  apply for charter school status.

16         (1)  CHARTER DISTRICT.--A charter school district is a

17  school district in Florida in which the school board has

18  submitted and the state board has approved a charter proposal

19  that exchanges statutory and rule exemption for agreement to

20  meet performance goals in the proposal.  The charter school

21  district shall be chartered for 3 years, at the end of which

22  the performance shall be evaluated.

23         (2)  EXEMPTION FROM STATUTES AND RULES.--Charter school

24  districts shall be exempt from state statutes and state board

25  rules as provided in s. 228.056.  The school board of a

26  charter school district shall not be exempt from any statute

27  governing election of board members, public meetings and

28  public records requirements, financial disclosure, conflicts

29  of interest, operation in the sunshine, or other provisions

30  outside the Florida School Code.

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                                       CS/HB 1361, First Engrossed



  1         (3)  GOVERNING BOARD.--The governing board of the

  2  charter school district shall be the duly elected school

  3  board.  The school board shall be responsible for supervising

  4  the schools in the charter district and is authorized to

  5  charter each of its existing public schools pursuant to s.

  6  228.056, apply for deregulation of its public schools pursuant

  7  to s. 228.0565, or otherwise establish performance-based

  8  contractual relationships with its public schools for the

  9  purpose of giving them greater autonomy with accountability

10  for performance.

11         (4)  PRECHARTER AGREEMENT.--The state board is

12  authorized to approve a precharter agreement with a potential

13  charter district.  The agreement may grant limited flexibility

14  and direction for developing the full charter proposal.

15         (5)  TIME PERIOD FOR PILOT.--The pilot program shall be

16  authorized for a period of 3 full school years commencing with

17  award of a charter. The charter may be renewed upon action of

18  the state board.

19         (6)  REPORTS.--The state board shall annually report on

20  the implementation of the charter school district pilot

21  program.  Upon the completion of the first 3-year term, the

22  state board, through the Commissioner of Education, shall

23  submit to the Legislature a full evaluation of the

24  effectiveness of the program.

25         (7)  RULEMAKING.--The State Board of Education shall

26  have the authority to enact rules to implement this section in

27  accordance with ss. 120.536 and 120.54.

28         Section 4.  Paragraph (d) is added to subsection (3) of

29  section 232.425, Florida Statutes, to read:

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                                       CS/HB 1361, First Engrossed



  1         232.425  Student standards for participation in

  2  interscholastic extracurricular student activities;

  3  regulation.--

  4         (3)

  5         (d)  An individual charter school student pursuant to

  6  s. 228.056 is eligible to participate at the public school to

  7  which the student would be assigned according to district

  8  school attendance area policies or which the student could

  9  choose to attend, pursuant to district or interdistrict

10  controlled open enrollment provisions, in any interscholastic

11  extracurricular activity of that school, unless such activity

12  is provided by the student's charter school, provided the

13  following conditions are met:

14         1.  The charter school student must meet the

15  requirements of the charter school education program as

16  determined by the charter school governing board.

17         2.  During the period of participation at a school, the

18  charter school student must demonstrate educational progress

19  as required in paragraph (b).

20         3.  The charter school student must meet the same

21  residency requirements as other students in the school at

22  which he or she participates.

23         4.  The charter school student must meet the same

24  standards of acceptance, behavior, and performance as required

25  of other students in extracurricular activities.

26         5.  The charter school student must register with the

27  school his or her intent to participate in interscholastic

28  extracurricular activities as a representative of the school

29  before the beginning date of the season for the activity in

30  which he or she wishes to participate. A charter school

31


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                                       CS/HB 1361, First Engrossed



  1  student must be able to participate in curricular activities

  2  if that is a requirement for an extracurricular activity.

  3         6.  A student who transfers from a charter school

  4  program to a traditional public school before or during the

  5  first grading period of the school year is academically

  6  eligible to participate in interscholastic extracurricular

  7  activities during the first grading period provided the

  8  student has a successful evaluation from the previous school

  9  year, pursuant to subparagraph 2.

10         7.  Any public school or nonpublic school student who

11  has been unable to maintain academic eligibility for

12  participation in interscholastic extracurricular activities is

13  ineligible to participate in such activities as a charter

14  school student until the student has successfully completed

15  one grading period in a charter school pursuant to

16  subparagraph 2. to become eligible to participate as a charter

17  school student.

18         Section 5.  Paragraph (b) of subsection (22) of section

19  159.27, Florida Statutes, is amended to read:

20         159.27  Definitions.--The following words and terms,

21  unless the context clearly indicates a different meaning,

22  shall have the following meanings:

23         (22)  "Educational facility" means:

24         (b)  Property that comprises the buildings and

25  equipment, structures, and special education use areas that

26  are built, installed, or established to serve primarily the

27  educational purposes of operating any nonprofit private

28  preschool, kindergarten, elementary school, middle school, or

29  high school that is established under chapter 617 or chapter

30  623, or that is owned or operated by an organization described

31  in s. 501(c)(3) of the United States Internal Revenue Code, or


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                                       CS/HB 1361, First Engrossed



  1  operating any preschool, kindergarten, elementary school,

  2  middle school, or high school that is owned or operated as

  3  part of the state's system of public education, including, but

  4  not limited to, a charter school or a developmental research

  5  school operated under chapter 228. The requirements of this

  6  part for the financing of projects through local agencies

  7  shall also apply to such schools. Bonds issued under the

  8  provisions of this part for such schools shall not be deemed

  9  to constitute a debt, liability, or obligation of the state or

10  any political subdivision thereof, or a pledge of the faith

11  and credit of the state or of any such political subdivision,

12  but shall be payable solely from the revenues provided

13  therefor.

14         Section 6.  This act shall take effect July 1, 2001.

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