SENATE AMENDMENT
Bill No. CS for SB 1780
Amendment No. ___ Barcode 545664
CHAMBER ACTION
Senate House
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11 Senator Peaden moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 15, between lines 5 and 6,
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16 insert:
17 Section 9. Section 228.056, Florida Statutes, is
18 amended to read:
19 228.056 Charter schools.--
20 (1) AUTHORIZATION.--The creation of charter schools is
21 hereby authorized. Charter schools shall be part of the
22 state's program of public education. All charter schools in
23 Florida are fully recognized as public schools. A charter
24 school may be formed by creating a new school or converting an
25 existing public school to charter status. A public school
26 shall not use the word "charter" in its name or title unless
27 that school is currently operating under a charter that has
28 been granted pursuant to this section.
29 (2) PURPOSE.--The purpose of charter schools shall be
30 to:
31 (a) Improve student learning.
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1 (b) Increase learning opportunities for all students,
2 with special emphasis on expanded learning experiences for
3 students who are identified as academically low achieving.
4 (c) Encourage the use of different and innovative
5 learning methods.
6 (d) Increase choice of learning opportunities for
7 students.
8 (e) Establish a new form of accountability for
9 schools.
10 (f) Require the measurement of learning outcomes and
11 create innovative measurement tools.
12 (g) Make the school the unit for improvement.
13 (h) Create new professional opportunities for
14 teachers, including the opportunity to own the learning
15 program at the school site.
16 (i) Provide rigorous competition within the public
17 school district to stimulate continual improvements in all
18 public schools.
19 (j) Provide additional academic choices for parents
20 and students.
21 (k) Expand the capacity of the public school system.
22 (3) APPLICATION; UNLAWFUL REPRISAL.--
23 (a)1. An application for a new charter school may be
24 made by an individual, teachers, parents, a group of
25 individuals, a municipality, or a legal entity organized under
26 the laws of this state.
27 2. The district school board or the principal,
28 teachers, parents, and/or the school advisory council at an
29 existing public school that has been in operation for at least
30 2 years prior to the application to convert, including a
31 public school-within-a-school that is designated as a school
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1 by the district school board, shall submit any application for
2 converting the school to a charter school. An application
3 submitted proposing to convert an existing public school to a
4 charter school shall demonstrate the support of at least 50
5 percent of the teachers employed at the school and 50 percent
6 of the parents voting whose children are enrolled at the
7 school, provided that a majority of the parents eligible to
8 vote participate in the ballot process, according to
9 procedures established by rules of the state board. A district
10 school board denying such an application for a conversion
11 charter school shall provide notice of denial to the
12 applicants in writing within 30 days. The notice shall specify
13 the exact reasons for denial and provide documentation
14 supporting those reasons.
15
16 A private school, parochial school, or home education program
17 shall not be eligible for charter school status.
18 (b) No district school board, or district school board
19 employee who has control over personnel actions, shall take
20 unlawful reprisal against another district school board
21 employee because that employee is either directly or
22 indirectly involved with an application to establish a charter
23 school. As used in this subsection, the term "unlawful
24 reprisal" means an action taken by a district school board or
25 a school system employee against an employee who is directly
26 or indirectly involved in a lawful application to establish a
27 charter school, which occurs as a direct result of that
28 involvement, and which results in one or more of the
29 following: disciplinary or corrective action; adverse transfer
30 or reassignment, whether temporary or permanent; suspension,
31 demotion, or dismissal; an unfavorable performance evaluation;
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1 a reduction in pay, benefits, or rewards; elimination of the
2 employee's position absent of a reduction in force as a result
3 of lack of moneys or work; or other adverse significant
4 changes in duties or responsibilities that are inconsistent
5 with the employee's salary or employment classification. The
6 following procedures shall apply to an alleged unlawful
7 reprisal which occurs as a consequence of an employee's direct
8 or indirect involvement with an application to establish a
9 charter school:
10 1. Within 60 days after a reprisal prohibited by this
11 subsection, an employee may file a complaint with the
12 Department of Education.
13 2. Within 3 working days after receiving a complaint
14 under this section, the department shall acknowledge receipt
15 of the complaint and provide copies of the complaint and any
16 other relevant preliminary information available to each of
17 the other parties named in the complaint, which parties shall
18 each acknowledge receipt of such copies to the complainant.
19 3. If the department determines that the complaint
20 demonstrates reasonable cause to suspect that an unlawful
21 reprisal has occurred, the department shall conduct an
22 investigation to produce a fact-finding report.
23 4. Within 90 days after receiving the complaint, the
24 department shall provide the superintendent of schools of the
25 complainant's district and the complainant with a fact-finding
26 report that may include recommendations to the parties or
27 proposed resolution of the complaint. The fact-finding report
28 shall be presumed admissible in any subsequent or related
29 administrative or judicial review.
30 5. If the department determines that reasonable
31 grounds exist to believe that an unlawful reprisal has
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1 occurred, is occurring, or is to be taken, and is unable to
2 conciliate a complaint within 60 days after receipt of the
3 fact-finding report, the department shall terminate the
4 investigation. Upon termination of any investigation, the
5 department shall notify the complainant and the superintendent
6 of schools of the termination of the investigation, providing
7 a summary of relevant facts found during the investigation and
8 the reasons for terminating the investigation. A written
9 statement under this paragraph is presumed admissible as
10 evidence in any judicial or administrative proceeding.
11 6. The department shall either contract with the
12 Division of Administrative Hearings under s. 120.65, or
13 otherwise provide for a complaint for which the department
14 determines reasonable grounds exist to believe that an
15 unlawful reprisal has occurred, is occurring, or is to be
16 taken, and is unable to conciliate, to be heard by a panel of
17 impartial persons. Upon hearing the complaint, the panel must
18 make findings of fact and conclusions of law for a final
19 decision by the department.
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21 It shall be an affirmative defense to any action brought
22 pursuant to this section that the adverse action was
23 predicated upon grounds other than, and would have been taken
24 absent, the employee's exercise of rights protected by this
25 section.
26 (c) In any action brought under this section for which
27 it is determined reasonable grounds exist to believe that an
28 unlawful reprisal has occurred, is occurring, or is to be
29 taken, the relief must include the following:
30 1. Reinstatement of the employee to the same position
31 held before the unlawful reprisal was commenced, or to an
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1 equivalent position, or payment of reasonable front pay as
2 alternative relief.
3 2. Reinstatement of the employee's full fringe
4 benefits and seniority rights, as appropriate.
5 3. Compensation, if appropriate, for lost wages,
6 benefits, or other lost remuneration caused by the unlawful
7 reprisal.
8 4. Payment of reasonable costs, including attorney's
9 fees, to a substantially prevailing employee, or to the
10 prevailing employer if the employee filed a frivolous action
11 in bad faith.
12 5. Issuance of an injunction, if appropriate, by a
13 court of competent jurisdiction.
14 6. Temporary reinstatement to the employee's former
15 position or to an equivalent position, pending the final
16 outcome on the complaint, if it is determined that the action
17 was not made in bad faith or for a wrongful purpose, and did
18 not occur after a district school board's initiation of a
19 personnel action against the employee which includes
20 documentation of the employee's violation of a disciplinary
21 standard or performance deficiency.
22 (4) SPONSOR.--A district school board may sponsor a
23 charter school in the county over which the board has
24 jurisdiction.
25 (a) A district school board shall receive and review
26 all applications for a charter school. A district school board
27 shall receive and consider charter school applications
28 received on or before October 1 of each calendar year for
29 charter schools to be opened at the beginning of the school
30 district's next school year, or to be opened at a time agreed
31 to by the applicant and the district school board. A district
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1 school board may receive applications later than this date if
2 it chooses. No potential sponsor may charge a charter school
3 applicant any fee related to the processing or consideration
4 of the charter school application, nor shall the promise of
5 future payment of any kind be a condition of the consideration
6 or approval of a charter school application.
7 1. In order to facilitate an accurate budget
8 projection process, a district school board shall be held
9 harmless for FTE students which are not included in the FTE
10 projection due to approval of charter school applications
11 after the FTE projection deadline. In a further effort to
12 facilitate an accurate budget projection, within 15 calendar
13 days after receipt of a charter school application, a district
14 school board or other sponsor shall report to the Department
15 of Education the name of the applicant entity, the proposed
16 charter school location, and its projected FTE.
17 2. A district school board must by a majority vote
18 approve or deny an application no later than 60 calendar days
19 after the application is received, unless the district school
20 board and the applicant mutually agree to temporarily postpone
21 the vote to a specific date, at which time the district school
22 board must by a majority vote approve or deny the application.
23 If the district school board fails to act on the application,
24 an applicant may appeal to the State Board of Education as
25 provided in paragraph (b). If an application is denied, the
26 district school board must, within 10 calendar days,
27 articulate in writing the specific reasons based upon good
28 cause supporting its denial of the charter application.
29 3. For budget projection purposes, the district school
30 board or other sponsor shall report to the department the
31 approval or denial of a charter application within 10 calendar
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1 days after such approval or denial. In the event of approval,
2 the report to the department must include the final projected
3 FTE for the approved charter school.
4 4. Upon approval of a charter application, the initial
5 startup must commence be consistent with the beginning of the
6 public school calendar for the district in which the charter
7 is granted unless the district school board allows a waiver of
8 this provision for good cause.
9 (b) An applicant may appeal any denial of that
10 applicant's application or failure to act on an application to
11 the State Board of Education no later than 30 calendar days
12 after receipt of the district school board's decision or
13 failure to act and shall notify the district school board of
14 its appeal. Any response of the school board shall be
15 submitted to the state board within 30 calendar days after
16 notification of the appeal. The state board must by majority
17 vote accept or reject the decision of the district school
18 board no later than 60 calendar days after an appeal is filed
19 in accordance with state board rule. The state board may
20 reject an appeal submission for failure to comply with
21 procedural rules governing the appeals process. The rejection
22 shall describe the submission errors. The appellant may have
23 up to 15 calendar days from notice of rejection to resubmit an
24 appeal that meets requirements of rule. An application for
25 appeal submitted subsequent to such rejection shall be
26 considered timely if the original appeal was filed within 30
27 calendar days after receipt of notice of specific reasons for
28 the school board denial of the charter application. The state
29 board shall remand the application to the district school
30 board with its written decision recommendation that the
31 district board approve or deny the application consistent with
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1 the state board's decision. The decision of the State Board of
2 Education is not subject to the provisions of the
3 Administrative Procedure Act, chapter 120.
4 (c) The district school board must act in accordance
5 with upon the decision recommendation of the State Board of
6 Education within 30 calendar days after it is received. The
7 district board may fail to act in accordance with the
8 recommendation of the state board only for good cause. Good
9 cause for failing to act in accordance with the state board's
10 recommendation arises only if the district school board
11 determines by competent substantial evidence that approving
12 the state board's recommendation would be contrary to law or
13 contrary to the best interests of the pupils or the community.
14 The district school board must articulate in written findings
15 the specific reasons based upon good cause supporting its
16 failure to act in accordance with the state board's
17 recommendation. The district board's action on the state
18 board's recommendation is a final action subject to judicial
19 review.
20 (d) The Department of Education may provide technical
21 assistance to an applicant upon written request.
22 (e) Paragraph (a) notwithstanding, a state university
23 may grant a charter to a developmental research school created
24 under s. 228.053. In considering such charter, the state
25 university must consult with the district school board of the
26 county in which the developmental research school is located.
27 The decision of a state university may be appealed pursuant to
28 the procedure established in this subsection.
29 (f) The terms and conditions for the operation of a
30 charter school shall be set forth by the sponsor and the
31 applicant in a written contractual agreement, called a
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1 charter. The sponsor shall not impose unreasonable rules or
2 regulations that violate the intent of giving charter schools
3 greater flexibility to meet educational goals. The applicant
4 and sponsor shall have 6 months in which to mutually agree to
5 the provisions of the charter. The Department of Education
6 shall provide mediation services for any dispute regarding
7 this section of statute subsequent to the approval of a
8 charter application, except disputes regarding charter school
9 application denials. If the Commissioner of Education
10 determines that the dispute cannot be settled through
11 mediation, the dispute may be appealed to an administrative
12 law judge appointed by the Division of Administrative
13 Hearings. The administrative law judge may rule on issues of
14 equitable treatment of the charter school as a public school,
15 whether proposed provisions of the charter violate the
16 intended flexibility granted charter schools by statute, or on
17 any other matter regarding this section except a charter
18 school application denial, and shall award the prevailing
19 party reasonable attorney's fees and costs incurred to be paid
20 by the losing party. The costs of the administrative hearing
21 shall be paid by the party whom the administrative law judge
22 rules against.
23 (g) The sponsor shall monitor and review the charter
24 school in its progress towards the goals established in the
25 charter.
26 (h) The sponsor shall monitor the revenues and
27 expenditures of the charter school.
28 (i) A charter school shall be exempt from the
29 sponsor's policies.
30 (5) CHARTER SCHOOL COOPERATIVES.--Charter schools may
31 enter into cooperative agreements to form charter school
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1 cooperative organizations which may provide the following
2 services: charter school planning and development, direct
3 instructional services, contracts with charter school
4 governing boards to provide personnel administrative services,
5 payroll services, human resource management, evaluation and
6 assessment services, teacher preparation, and professional
7 development.
8 (6)(5) NUMBER OF SCHOOLS.--
9 (a) The number of newly created charter schools is
10 limited to no more than 28 in each school district that has
11 100,000 or more students, no more than 20 in each school
12 district that has 50,000 to 99,999 students, and no more than
13 12 in each school district with fewer than 50,000 students.
14 (b) An existing public school which converts to a
15 charter school shall not be counted towards the limit
16 established by paragraph (a).
17
18 Notwithstanding any limit established by this subsection, a
19 district school board or a charter school applicant shall have
20 the right to request an increase of the limit on the number of
21 charter schools authorized to be established within the
22 district from the State Board of Education.
23 (7)(6) ELIGIBLE STUDENTS.--
24 (a) A charter school shall be open to any student
25 covered in an interdistrict agreement or residing in the
26 school district in which the charter school is located;
27 however, in the case of a developmental research school
28 created under s. 228.053 to which a charter has been issued
29 under paragraph (4)(e), the charter school shall be open to
30 any student eligible to attend the developmental research
31 school as provided in s. 228.053 or who resides in the school
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1 district in which the charter school is located. Any eligible
2 student shall be allowed interdistrict transfer to attend a
3 charter school when based on good cause. When a public school
4 converts to charter status, enrollment preference shall be
5 given to students who would have otherwise attended that
6 public school. A charter school may give enrollment preference
7 to a sibling of a student enrolled in the charter school, to
8 the child of a member of the governing board of the charter
9 school, or to the child of an employee of the charter school.
10 (b) The charter school shall enroll an eligible
11 student who submits a timely application, unless the number of
12 applications exceeds the capacity of a program, class, grade
13 level, or building. In such case, all applicants shall have an
14 equal chance of being admitted through a random selection
15 process.
16 (c) A charter school may limit the enrollment process
17 only to target the following student populations:
18 1. Students within specific age groups or grade
19 levels.
20 2. Students considered at risk of dropping out of
21 school or academic failure. Such students shall include
22 exceptional education students.
23 3. Students enrolling in a charter
24 school-in-the-workplace, charter school-in-a-development, or
25 charter school-in-a-municipality established pursuant to
26 subsection (23) (22).
27 4. Students residing within a reasonable distance of
28 the charter school, as described in paragraph (14)(c) (13)(c).
29 Such students shall be subject to a random lottery and to the
30 racial/ethnic balance provisions described in subparagraph
31 (10)(a)8. (9)(a)8. or any federal provisions which require a
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1 school to achieve a racial/ethnic balance reflective of the
2 community it serves or within the racial/ethnic range of other
3 public schools in the same school district.
4 5. Students who meet reasonable academic, artistic, or
5 other eligibility standards that are established by the
6 charter school and included in the charter school application
7 and charter or, in the case of existing charter schools, that
8 are consistent with the school's mission and purpose. Such
9 standards must be in accordance with current state law and
10 practice in public schools and may not discriminate against
11 otherwise qualified individuals.
12 6. Students articulating from one charter school to
13 another pursuant to an articulation agreement between the
14 charter schools that has been approved by the sponsor.
15 (d) A student may withdraw from a charter school at
16 any time and enroll in another public school as determined by
17 school board policy.
18 (e) Students with handicapping conditions and students
19 served in English for Speakers of Other Languages programs
20 shall have an equal opportunity of being selected for
21 enrollment in a charter school.
22 (f) The capacity of the charter school shall be
23 determined annually by the charter school's governing board,
24 in conjunction with the sponsor, based on consideration of the
25 factors included in paragraphs (b) and (c).
26 (8)(7) LEGAL ENTITY.--A charter school shall organize
27 as, or be operated by, a nonprofit organization. A charter
28 school may be operated by a municipality or other public
29 entity as provided for by law. As such, the charter school may
30 be either a private or a public employer. As a public
31 employer, a charter school may participate in the Florida
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1 Retirement System upon application and approval as a "covered
2 group" under s. 121.021(34). If a charter school participates
3 in the Florida Retirement System, the charter school employees
4 shall be compulsory members of the Florida Retirement System.
5 As either a private or a public employer, a charter school may
6 contract for services with an individual or group of
7 individuals who are organized as a partnership or a
8 cooperative. Individuals or groups of individuals who contract
9 their services to the charter school are not public employees.
10 (9)(8) REQUIREMENTS.--
11 (a) A charter school shall be nonsectarian in its
12 programs, admission policies, employment practices, and
13 operations.
14 (b) A charter school shall admit students as provided
15 in subsection (7) (6).
16 (c) A charter school shall be accountable to its
17 sponsor for performance as provided in subsection (10) (9).
18 (d) A charter school shall not charge tuition or fees,
19 except those fees normally charged by other public schools.
20 However, a developmental research school to which a charter
21 has been issued pursuant to paragraph (4)(e) may charge a
22 student activity and service fee as authorized by s.
23 228.053(5).
24 (e) A charter school shall meet all applicable state
25 and local health, safety, and civil rights requirements.
26 (f) A charter school shall not violate the
27 antidiscrimination provisions of s. 228.2001.
28 (g) A charter school shall be subject to an annual
29 financial audit in a manner similar to that of a school
30 district.
31 (h) No organization shall hold more than 15 charters
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1 statewide.
2 (i) In order to provide financial information that is
3 comparable to that reported for other public schools, charter
4 schools are to maintain all financial records which constitute
5 their accounting system in accordance with the accounts and
6 codes prescribed in the most recent issuance of the
7 publication titled "Financial and Program Cost Accounting and
8 Reporting for Florida Schools." or, at the discretion of the
9 charter school governing board, a charter school may elect to
10 follow accounting standards for not-for-profit organizations,
11 but must reformat this information for reporting according to
12 this paragraph. Charter schools are to provide annual
13 financial report and program cost report information in the
14 state-required formats for inclusion in district reporting in
15 compliance with s. 236.02(1). Charter schools which are
16 operated by a municipality or are a component unit of a parent
17 nonprofit organization may use the accounting system of the
18 municipality or the parent, but must reformat this information
19 for reporting according to this paragraph.
20 (j) The governing board of a charter school shall
21 annually adopt and maintain an operating budget.
22 (10)(9) CHARTER.--The major issues involving the
23 operation of a charter school shall be considered in advance
24 and written into the charter. The charter shall be signed by
25 the governing body of the charter school and the sponsor,
26 following a public hearing to ensure community input.
27 (a) The charter shall address, and criteria for
28 approval of the charter shall be based on:
29 1. The school's mission, the students to be served,
30 and the ages and grades to be included.
31 2. The focus of the curriculum, the instructional
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1 methods to be used, and any distinctive instructional
2 techniques to be employed, and identification and acquisition
3 of appropriate technologies needed to improve educational and
4 administrative performance. This shall include a means for
5 promoting safe, ethical, and appropriate uses of technology
6 that comply with legal and professional standards.
7 3. The current incoming baseline standard of student
8 academic achievement, the outcomes to be achieved, and the
9 method of measurement that will be used. This section shall
10 include a detailed description for each of the following:
11 a. How the baseline student academic achievement
12 levels and prior rates of academic progress will be
13 established.
14 b. How these baseline rates will be compared to rates
15 of academic progress achieved by these same students while
16 attending the charter school.
17 c. To the extent possible, how these rates of progress
18 will be evaluated and compared with rates of progress of other
19 closely comparable student populations.
20 d. How the district school board shall provide
21 academic student performance data to charter schools for each
22 of its students coming from the district school system as well
23 as rates of academic progress of comparable student
24 populations in the district school system.
25 4. The methods used to identify the educational
26 strengths and needs of students and how well educational goals
27 and performance standards are met by students attending the
28 charter school. Included in the methods are a means for
29 ensuring accountability to its constituents by analyzing
30 student performance data and by evaluating the effectiveness
31 and efficiency of its major educational programs. Students in
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1 charter schools shall, at a minimum, participate in the
2 statewide assessment program.
3 5. In secondary charter schools, a method for
4 determining that a student has satisfied the requirements for
5 graduation in s. 232.246.
6 6. A method for resolving conflicts between the
7 governing body of the charter school and the sponsor.
8 7. The admissions procedures and dismissal procedures,
9 including the school's code of student conduct.
10 8. The ways by which the school will achieve a
11 racial/ethnic balance reflective of the community it serves or
12 within the racial/ethnic range of other public schools in the
13 same school district.
14 9. The financial and administrative management of the
15 school, including a reasonable demonstration of the
16 professional experience or competence of those individuals or
17 organizations applying to operate the charter school or those
18 hired or retained to perform such professional services and
19 the description of clearly delineated responsibilities and the
20 policies and practices needed to effectively manage the
21 charter school. A description of internal audit procedures and
22 establishment of controls to ensure that financial resources
23 are properly managed shall be included. Both public sector and
24 private sector professional experience shall be equally valid
25 in such a consideration.
26 10. A description of procedures that identify various
27 risks and provide for a comprehensive approach to reduce the
28 impact of losses, a plan to ensure the safety and security of
29 students and staff, plans to identify, minimize, and protect
30 others from violent or disruptive student behavior, and the
31 manner in which the school will be insured, including whether
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1 or not the school will be required to have liability
2 insurance, and, if so, the terms and conditions thereof and
3 the amounts of coverage.
4 11. The term of the charter which shall provide for
5 cancellation of the charter if insufficient progress has been
6 made in attaining the student achievement objectives of the
7 charter and if it is not likely that such objectives can be
8 achieved before expiration of the charter. The initial term of
9 a charter shall be for 3, 4, or 5 years. In order to
10 facilitate access to long-term financial resources for charter
11 school construction, charter schools that are operated by a
12 municipality or other public entity as provided by law are
13 eligible for up to a 15-year charter, subject to approval by
14 the local school board. A developmental research school is
15 eligible for a charter for a term of up to 15 years issued by
16 a state university pursuant to paragraph (4)(e). In addition,
17 to facilitate access to long-term financial resources for
18 charter school construction, charter schools that are operated
19 by a private, not-for-profit, s. 501(c)(3) status corporation
20 are eligible for up to a 10-year charter, subject to approval
21 by the local school board. Such long-term charters remain
22 subject to annual review and may be terminated during the term
23 of the charter, but only for specific good cause according to
24 the provisions set forth in subsection (11) (10).
25 12. The facilities to be used and their location,
26 including a description or documentation that facilities and
27 equipment are safe and in good working condition and a
28 financial plan identifying the means to:
29 a. Provide funds to purchase real property.
30 b. Construct, renovate, repair, and maintain school
31 facilities.
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1 c. Purchase, lease-purchase, or lease permanent or
2 relocatable facilities.
3 d. Purchase vehicles to transport students to and from
4 the charter school.
5
6 Funds which may be appropriated by the Legislature for charter
7 school fixed capital outlay shall be included in this
8 financial plan as a separate source of potential income.
9 13. The qualifications to be required of the teachers
10 and the potential strategies used to recruit, hire, train, and
11 retain qualified staff.
12 14. The governance structure of the school, including
13 the status of the charter school as a public or private
14 employer as required in subsection (8) (7).
15 15. A timetable for implementing the charter which
16 addresses the implementation of each element thereof and the
17 date by which the charter shall be awarded in order to meet
18 this timetable.
19 16. In the case of an existing public school being
20 converted to charter status, alternative arrangements for
21 current students who choose not to attend the charter school
22 and for current teachers who choose not to teach in the
23 charter school after conversion in accordance with the
24 existing collective bargaining agreement or school board
25 policy in the absence of a collective bargaining agreement.
26 However, alternative arrangements shall not be required for
27 current teachers who choose not to teach in a developmental
28 research school to which a charter has been issued pursuant to
29 paragraph (4)(e), except as authorized by the employment
30 policies of the state university which grants the charter to
31 the developmental research school.
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1 (b) A charter may be renewed every 5 school years,
2 provided that a program review demonstrates that the criteria
3 in paragraph (a) have been successfully accomplished and that
4 none of the grounds for nonrenewal established by paragraph
5 (10)(a) have been documented. In order to facilitate long-term
6 financing for charter school construction, charter schools
7 operating for a minimum of 2 years and demonstrating exemplary
8 academic programming and fiscal management are eligible for a
9 15-year charter renewal. Such long-term charter is subject to
10 annual review and may be terminated during the term of the
11 charter.
12 (c) A charter may be modified during its initial term
13 or any renewal term upon the recommendation of the sponsor or
14 the charter school governing board and the approval of both
15 parties to the agreement.
16 (d) The governing body of the charter school shall
17 exercise continuing oversight over charter school operations
18 and make annual progress reports to its sponsor, which upon
19 verification shall be forwarded to the Commissioner of
20 Education at the same time as other annual school
21 accountability reports. The report shall contain at least the
22 following information:
23 1. The charter school's progress towards achieving the
24 goals outlined in its charter.
25 2. The information required in the annual school
26 report pursuant to s. 229.592.
27 3. Financial records of the charter school, including
28 revenues and expenditures.
29 4. Salary and benefit levels of charter school
30 employees.
31 (e) A sponsor shall ensure that the charter is
20
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1 innovative and consistent with the state education goals
2 established by s. 229.591.
3 (f) Upon receipt of the annual report required by
4 paragraph (d), the Department of Education shall provide to
5 the State Board of Education, the Commissioner of Education,
6 the President of the Senate, and the Speaker of the House of
7 Representatives an analysis and comparison of the overall
8 performance of charter school students, to include all
9 students whose scores are counted as part of the state
10 assessment program, versus comparable public school students
11 in the district as determined by the state assessment program
12 currently administered in the school district, and, as
13 appropriate, the Florida Writes Assessment Test, the High
14 School Competency Test, and other assessments administered
15 pursuant to s. 229.57(3).
16 (g) Whenever a municipality has submitted charter
17 applications for the establishment of a charter school feeder
18 pattern (elementary, middle, and senior high schools), and
19 upon approval of each individual charter application by the
20 district school board, such applications will then be
21 designated as one charter for all purposes listed pursuant to
22 this section.
23 (11)(10) CAUSES FOR NONRENEWAL OR TERMINATION.--
24 (a) At the end of the term of a charter, the sponsor
25 may choose not to renew the charter for any of the following
26 grounds:
27 1. Failure to meet the requirements for student
28 performance stated in the charter.
29 2. Failure to meet generally accepted standards of
30 fiscal management.
31 3. Violation of law.
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1 4. Other good cause shown.
2 (b) During the term of a charter, the sponsor may
3 terminate the charter for any of the grounds listed in
4 paragraph (a).
5 (c) At least 90 days prior to renewing or terminating
6 a charter, the sponsor shall notify the governing body of the
7 school of the proposed action in writing. The notice shall
8 state in reasonable detail the grounds for the proposed action
9 and stipulate that the school's governing body may, within 14
10 calendar days after receiving the notice, request an informal
11 hearing before the sponsor. The sponsor shall conduct the
12 informal hearing within 30 calendar days after receiving a
13 written request. The charter school's governing body may,
14 within 14 calendar days after receiving the sponsor's decision
15 to terminate or refuse to renew the charter, appeal the
16 decision pursuant to the procedure established in subsection
17 (4).
18 (d) A charter may be terminated immediately if the
19 sponsor determines that good cause has been shown or if the
20 health, safety, or welfare of the students is threatened. The
21 school district in which the charter school is located shall
22 assume operation of the school under these circumstances.
23 With the exception of those instances when a charter is
24 immediately terminated because the sponsor determines that the
25 health, safety, or welfare of students is threatened, the
26 charter school's governing body may, within 14 days after
27 receiving the sponsor's decision to terminate the charter,
28 appeal the decision pursuant to the procedure established in
29 subsection (4).
30 (e) When a charter is not renewed or is terminated,
31 the school shall be dissolved under the provisions of law
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1 under which the school was organized, and any unencumbered
2 public funds from the charter school shall revert to the
3 district school board. In the event a charter school is
4 dissolved or is otherwise terminated, all district school
5 board property and improvements, furnishings, and equipment
6 purchased with public funds shall automatically revert to full
7 ownership by the district school board, subject to complete
8 satisfaction of any lawful liens or encumbrances. In case of
9 real property, school districts may have first right of
10 refusal in determining whether to assume the asset.
11 (f) If a charter is not renewed or is terminated, the
12 charter governing body of the school is responsible for all
13 debts of the charter school. The district may not assume the
14 debt from any contract for services made between the governing
15 body of the school and a third party, except for a debt that
16 is previously detailed and agreed upon in writing by both the
17 district and the governing body of the school and that may not
18 reasonably be assumed to have been satisfied by the district.
19 (g) If a charter is not renewed or is terminated, a
20 student who attended the school may apply to, and shall be
21 enrolled in, another public school. Normal application
22 deadlines shall be disregarded under such circumstances.
23 (12)(11) EXEMPTION FROM STATUTES.--A charter school
24 shall operate in accordance with its charter and shall be
25 exempt from all statutes of the Florida School Code, except
26 those specifically applying to charter schools; those
27 pertaining to the provision of services to students with
28 disabilities; those pertaining to civil rights, including s.
29 228.2001, relating to discrimination; and those pertaining to
30 student health, safety, and welfare; or as otherwise required
31 by this section. A charter school shall not be exempt from the
23
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1 following statutes: chapter 119, relating to public records,
2 and s. 286.011, relating to public meetings and records,
3 public inspection, and penalties. The charter school governing
4 board sponsor, upon request of a charter school, may apply to
5 the Commissioner of Education for a waiver of provisions of
6 chapters 230-239 which are applicable to charter schools under
7 this section, except that the provisions of chapter 236 or
8 chapter 237 shall not be eligible for waiver if the waiver
9 would affect funding allocations or create inequity in public
10 school funding. The commissioner must confirm receipt of a
11 waiver request from a charter school by providing a copy of
12 the request to the sponsor. The commissioner may grant the
13 waiver if necessary to implement the school program, and shall
14 provide notice of the final dispensation of the waiver request
15 to the charter school governing board and the charter school's
16 sponsor.
17 (13)(12) EMPLOYEES OF CHARTER SCHOOLS.--
18 (a) A charter school shall select its own employees. A
19 charter school may contract with its sponsor for the services
20 of personnel employed by the sponsor.
21 (b) Charter school employees shall have the option to
22 bargain collectively. Employees may collectively bargain as a
23 separate unit or as part of the existing district collective
24 bargaining unit as determined by the structure of the charter
25 school.
26 (c) The employees of a conversion charter school shall
27 remain public employees for all purposes, unless such
28 employees choose not to do so.
29 (d) The teachers at a charter school may choose to be
30 part of a professional group that subcontracts with the
31 charter school to operate the instructional program under the
24
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1 auspices of a partnership or cooperative that they
2 collectively own. Under this arrangement, the teachers would
3 not be public employees.
4 (e) Employees of a school district may take leave to
5 accept employment in a charter school upon the approval of the
6 district school board. While employed by the charter school
7 and on leave that is approved by the school board, the
8 employee may retain seniority accrued in that school district
9 and may continue to be covered by the benefit programs of that
10 school district, if the charter school and the district school
11 board agree to this arrangement and its financing. School
12 districts shall not require resignations of teachers desiring
13 to teach in a charter school. This paragraph shall not
14 prohibit a school board from approving alternative leave
15 arrangements consistent with chapter 231.
16 (f) Teachers employed by or under contract to a
17 charter school shall be certified as required by chapter 231.
18 A charter school governing board may employ or contract with
19 skilled selected noncertified personnel to provide
20 instructional services or to assist instructional staff
21 members as education paraprofessionals in the same manner as
22 defined in chapter 231, and as provided by State Board of
23 Education rule for charter school governing boards. A charter
24 school may not knowingly employ an individual to provide
25 instructional services or to serve as an education
26 paraprofessional if the individual's certification or
27 licensure as an educator is suspended or revoked by this or
28 any other state. A charter school may not knowingly employ an
29 individual who has resigned from a school district in lieu of
30 disciplinary action with respect to child welfare or safety,
31 or who has been dismissed for just cause by any school
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1 district with respect to child welfare or safety. The
2 qualifications of teachers shall be disclosed to a parent at
3 the time the parent submits an admission application to a
4 charter school parents. If a charter school or public school
5 teacher has completed the requirements in s. 231.17(2)(g),
6 except the demonstration of general knowledge of mathematics,
7 that person may continue employment as a teacher for the 3
8 years during which the temporary certificate is valid, if the
9 teacher does not teach mathematics above the 4th-grade level
10 and the teacher is enrolled in a state-approved program
11 designed to improve mathematics skills. If the teacher has not
12 completed the mathematics requirement after 3 school years,
13 the school district may not continue to employ him or her in a
14 position for which a temporary certificate is required.
15 (g) A charter school shall employ or contract with
16 employees who have been fingerprinted as provided in s.
17 231.02. Members of the governing board of the charter school
18 shall also be fingerprinted in a manner similar to that
19 provided in s. 231.02.
20 (14)(13) REVENUE.--Students enrolled in a charter
21 school, regardless of the sponsorship, shall be funded as if
22 they are in a basic program or a special program, the same as
23 students enrolled in other public schools in the school
24 district. Funding for a chartered developmental research
25 school shall be as provided in s. 228.053(9).
26 (a) Each charter school shall report its student
27 enrollment to the district school board as required in s.
28 236.081, and in accordance with the definitions in s. 236.013.
29 Such report shall be submitted to the sponsor in the format
30 that the sponsor is required to submit the district's
31 information to the Department of Education. The district
26
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1 school board shall include each charter school's enrollment in
2 the district's report of student enrollment.
3 (b) The basis for the agreement for funding students
4 enrolled in a charter school shall be the sum of the school
5 district's operating funds from the Florida Education Finance
6 Program as provided in s. 236.081 and the General
7 Appropriations Act, including gross state and local funds,
8 discretionary lottery funds, and funds from the school
9 district's current operating discretionary millage levy;
10 divided by total funded weighted full-time equivalent students
11 in the school district; multiplied by the weighted full-time
12 equivalent students for the charter school. Charter schools
13 whose students or programs meet the eligibility criteria in
14 law shall be entitled to their proportionate share of
15 categorical program funds included in the total funds
16 available in the Florida Education Finance Program by the
17 Legislature, including transportation. Total funding for each
18 charter school will be recalculated during the year to reflect
19 the revised calculations under the Florida Education Finance
20 Program by the state and the actual weighted full-time
21 equivalent students reported by the charter school during the
22 full-time equivalent student survey periods designated by the
23 Commissioner of Education.
24 (c) Transportation of charter school students shall be
25 provided by the charter school consistent with the
26 requirements of chapter 234. The governing body of the charter
27 school may provide transportation through an agreement or
28 contract with the district school board, a private provider,
29 or parents. The charter school and the sponsor shall cooperate
30 in making arrangements that ensure that transportation is not
31 a barrier to equal access for all students residing within a
27
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1 reasonable distance of the charter school as determined in its
2 charter.
3 (d) If the district school board is providing programs
4 or services to students funded by federal funds, any eligible
5 students enrolled in charter schools in the school district
6 shall be provided federal funds for the same level of service
7 provided students in the schools operated by the district
8 school board. Pursuant to provisions of 20 U.S.C. 8061 s.
9 10306, all charter schools shall receive all federal funding
10 for which the school is otherwise eligible, including Title I
11 funding, not later than 5 months after the charter school
12 first opens and within 5 months after any subsequent expansion
13 of enrollment.
14 (e) Any administrative fee charged by the school
15 district relating to a charter school shall be limited to 5
16 percent of the available funds as defined in paragraph (b),
17 not including capital outlay funds, federal and state grants,
18 or any other funds, unless explicitly provided by law. The
19 sponsor shall provide certain administrative and educational
20 services to charter schools at no additional fee. These
21 services shall include contract management services, FTE and
22 data reporting, exceptional student education administration,
23 test administration, processing of teacher certificate data,
24 and information services.
25 (f) School boards shall make every effort to ensure
26 that charter schools receive timely and efficient
27 reimbursement, including processing paperwork required to
28 access special state and federal funding for which they may be
29 eligible. The district school board may distribute funds to a
30 charter school for up to 3 months based on the projected
31 full-time equivalent student membership of the charter school.
28
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1 Thereafter, the results of full-time equivalent student
2 membership surveys must be used in adjusting the amount of
3 funds distributed monthly to the charter school for the
4 remainder of the fiscal year. The payment shall be issued no
5 later than 10 working days after the district school board
6 receives a distribution of state or federal funds. If a
7 warrant for payment is not issued within 30 working days after
8 receipt of funding by the district school board, the school
9 district shall pay to the charter school, in addition to the
10 amount of the scheduled disbursement, interest at a rate of 1
11 percent per month calculated on a daily basis on the unpaid
12 balance from the expiration of the 30-day period until such
13 time as the warrant is issued.
14 (g) If a district school board facility or property is
15 available because it is surplus, marked for disposal, or
16 otherwise unused, it shall be provided for a charter school's
17 use on the same basis as it is made available to other public
18 schools in the district. A charter school receiving property
19 from the school district may not sell or dispose of such
20 property without written permission of the school district.
21 Similarly, for an existing public school converting to charter
22 status, no rental or leasing fee for the existing facility or
23 for the property normally inventoried to the conversion school
24 may be charged by the district school board to the parents and
25 teachers organizing the charter school. The charter
26 organizers shall agree to reasonable maintenance provisions in
27 order to maintain the facility in a manner similar to district
28 school board standards. The public education capital outlay
29 maintenance funds or any other maintenance funds generated by
30 the facility pursuant to s. 235.435(1)(a), and operated as a
31 conversion school shall remain with the conversion school as a
29
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1 credit for fixed capital outlay maintenance needs, and against
2 which, necessary and proper fixed capital outlay maintenance
3 expenses attributable to the conversion school shall be
4 deducted.
5 (h) If other goods and services are made available to
6 the charter school through the contract with the school
7 district, they shall be provided to the charter school at a
8 rate no greater than the district's actual cost. To maximize
9 the use of state funds, school districts shall allow charter
10 schools to participate in the sponsor's bulk purchasing
11 program if applicable.
12 (i) If any financings permitted by this section, s.
13 228.056, or any successor provision of law, are structured by
14 a charter school so that interest paid by the charter school
15 will be excluded from the gross income of the recipient for
16 federal income tax purposes, the appropriate district school
17 board shall expedite consideration of adoption of any
18 resolution submitted to it within 30 days or at the next board
19 meeting following the request of the charter school, whichever
20 is most expedient for the charter school, by or on behalf of
21 the charter school, for adoption for the purposes of Revenue
22 Procedure 82-26 of the Internal Revenue Service, or any
23 successor revenue procedure. This section shall be liberally
24 construed in order to achieve the purposes stated herein.
25 (15)(14) IMMUNITY.--For the purposes of tort
26 liability, the governing body and employees of a charter
27 school shall be governed by s. 768.28.
28 (16)(15) LENGTH OF SCHOOL YEAR.--A charter school
29 shall provide instruction for at least the number of days
30 required by law for other public schools, and may provide
31 instruction for additional days.
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1 (17)(16) FACILITIES.--
2 (a) A charter school shall utilize facilities which
3 comply with the State Uniform Building Code for Public
4 Educational Facilities Construction adopted pursuant to s.
5 235.26 or with applicable state minimum building codes
6 pursuant to chapter 553 and state minimum fire protection
7 codes pursuant to s. 633.025, as adopted by the authority in
8 whose jurisdiction the facility is located.
9 (b) Any facility, or portion thereof, used to house a
10 charter school whose charter has been approved by the sponsor
11 and the governing board, pursuant to subsection (10) (9),
12 shall be exempt from ad valorem taxes pursuant to s. 196.1983.
13 (c) On the effective date of the Florida Building
14 Code, charter school facilities shall utilize facilities which
15 comply with section 306.1.1 of the rules promulgated pursuant
16 to the After January 1, 2001, charter school facilities shall
17 utilize facilities which comply with the Florida Building
18 Code, pursuant to chapter 553, and the Florida Fire Prevention
19 Code, pursuant to chapter 633.
20 (18)(17) INITIAL COSTS.--A sponsor may approve a
21 charter for a charter school before the applicant has secured
22 space, equipment, or personnel, if the applicant indicates
23 approval is necessary for it to raise working capital.
24 (19)(18) INFORMATION.--The Department of Education
25 shall provide information to the public, directly and through
26 sponsors, both on how to form and operate a charter school and
27 on how to enroll in charter schools once they are created.
28 This information shall include a standard application format
29 which shall include the information specified in subsection
30 (10) (9). This application format may be used by chartering
31 entities.
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1 (20)(19) GENERAL AUTHORITY.--A charter school shall
2 not levy taxes or issue bonds secured by tax revenues.
3 (21)(20) REVIEW.--
4 (a) The Department of Education shall regularly
5 convene a Charter School Review Panel in order to review
6 issues, practices, and policies regarding charter schools. The
7 composition of the review panel shall include individuals with
8 experience in finance, administration, law, education, and
9 school governance, and individuals familiar with charter
10 school construction and operation. The panel shall include two
11 appointees each from the Commissioner of Education, the
12 President of the Senate, and the Speaker of the House of
13 Representatives. The Governor shall appoint three members of
14 the panel and shall designate the chair. Each member of the
15 panel shall serve a 1-year term, unless renewed by the office
16 making the appointment. The panel shall make recommendations
17 to the Legislature, to the Department of Education, to charter
18 schools, and to school districts for improving charter school
19 operations and oversight and for ensuring best business
20 practices at and fair business relationships with charter
21 schools.
22 (b) The Legislature shall review the operation of
23 charter schools during the 2003 2005 Regular Session of the
24 Legislature.
25 (22)(21) RULEMAKING.--The Department of Education,
26 after consultation with school districts and charter school
27 directors, shall recommend that the State Board of Education
28 adopt rules to implement specific subsections of this section.
29 Such rules shall require minimum paperwork and shall not limit
30 charter school flexibility authorized by statute.
31 (23)(22) CHARTER SCHOOLS-IN-THE-WORKPLACE, CHARTER
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1 SCHOOLS-IN-A-DEVELOPMENT, AND CHARTER
2 SCHOOLS-IN-A-MUNICIPALITY.--
3 (a) In order to increase business partnerships in
4 education, to reduce school and classroom overcrowding
5 throughout the state, to encourage developers of residential
6 and other projects to provide school infrastructure concurrent
7 with school impacts, to promote and encourage local
8 communities to participate in and advance the cause of
9 neighborhood schools, and to offset the high costs for
10 educational facilities construction, the Legislature intends
11 to encourage the formation of business partnership schools or
12 satellite learning centers through charter school status.
13 (b) A charter school-in-the-workplace may be
14 established when a business partner provides the school
15 facility to be used; enrolls students based upon a random
16 lottery which involves all of the children of employees of
17 that business or corporation who are seeking enrollment, as
18 provided for in subsection (7) (6); and enrolls students
19 according to the racial/ethnic balance provisions described in
20 subparagraph (10)(a)8. (9)(a)8. Any portion of a facility used
21 for a public charter school shall be exempt from ad valorem
22 taxes, as provided for in s. 235.198, for the duration of its
23 use as a public school.
24 (c) A charter school-in-a-development designation may
25 be granted when the developer of a residential or other
26 project provides the land or school facility to be used;
27 enrolls students based upon a random lottery which involves,
28 but is not limited to, all of the children of the residents of
29 that development who are seeking enrollment, as provided for
30 in subsection (7); and enrolls students according to the
31 racial/ethnic balance provisions described in subparagraph
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1 (10)(a)8. Any portion of the land and facility used for a
2 public charter school shall be exempt from ad valorem taxes,
3 as provided for in s. 235.198, for the duration of its use as
4 a public school.
5 (d) A charter school-in-a-municipality designation may
6 be granted to a municipality which possesses a charter;
7 enrolls students based upon a random lottery which involves,
8 but is not limited to, all of the children of the residents of
9 that municipality who are seeking enrollment, as provided for
10 in subsection (7); and enrolls students according to the
11 racial/ethnic balance provisions described in subparagraph
12 (10)(a)8. Any portion of the land and facility used for a
13 public charter school shall be exempt from ad valorem taxes,
14 as provided for in s. 235.198, for the duration of its use as
15 a public school.
16 (e) For the purpose of this subsection, "business
17 partner," "employer," "developer," or "municipality" may be
18 defined to include more than one business, employer,
19 developer, or municipality to form a charter
20 school-in-the-workplace, charter school-in-a-development, or
21 charter school-in-a-municipality.
22 Section 10. Subsection (1) of section 228.0561,
23 Florida Statutes, is amended to read:
24 228.0561 Charter schools capital outlay funding.--
25 (1) In each year in which funds are appropriated for
26 charter school capital outlay purposes, the Commissioner of
27 Education shall allocate the funds among eligible charter
28 schools. To be eligible for a funding allocation, a charter
29 school must meet the provisions of subsection (6), must have
30 received final approval from its sponsor pursuant to s.
31 228.056 for operation during that fiscal year, and must serve
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1 students in facilities that are not provided by the charter
2 school's sponsor. Prior to the release of capital outlay
3 funds to a school district on behalf of the charter school,
4 the Department of Education shall ensure that the district
5 school board and the charter school governing board enter into
6 a written agreement that includes provisions for the reversion
7 of any unencumbered funds and all equipment and property
8 purchased with public education funds to the ownership of the
9 district school board, as provided for in subsection (3), in
10 the event that the school terminates operations. Any funds
11 recovered by the state shall be deposited in the General
12 Revenue Fund. A charter school is not eligible for a funding
13 allocation if it was created by the conversion of a public
14 school and operates in facilities provided by the charter
15 school's sponsor for a nominal fee or at no charge or if it is
16 directly or indirectly operated by the school district. Unless
17 otherwise provided in the General Appropriations Act, the
18 funding allocation for each eligible charter school shall be
19 determined by multiplying the school's projected student
20 enrollment by one-fifteenth of the cost-per-student station
21 specified in s. 235.435(6)(b) for an elementary, middle, or
22 high school, as appropriate. If the funds appropriated are
23 not sufficient, the commissioner shall prorate the available
24 funds among eligible charter schools. Funds shall be
25 distributed on the basis of the capital outlay full-time
26 equivalent membership by grade level, which shall be
27 calculated by averaging the results of the second and third
28 enrollment surveys. The Department of Education shall
29 distribute capital outlay funds on a monthly basis beginning
30 in the first quarter of the fiscal year based on one-twelfth
31 of the amount the department may reasonably expect the charter
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1 school to receive during that fiscal year. Sixty percent of
2 the funds shall be distributed after the second enrollment
3 survey, and the balance shall be distributed after the third
4 enrollment survey. The commissioner shall adjust subsequent
5 distributions as necessary to reflect each charter school's
6 actual student enrollment as reflected in the second and third
7 enrollment surveys. The commissioner shall establish the
8 intervals and procedures for determining the projected and
9 actual student enrollment of eligible charter schools.
10 Section 11. Section 228.058, Florida Statutes, is
11 amended to read:
12 228.058 Charter School Districts Pilot Program.--The
13 State Board of Education is authorized to enter into a
14 performance contract with up to six school districts for the
15 purpose of establishing them as charter school districts. The
16 State Board of Education shall give priority to Hillsborough
17 and Volusia Counties upon the submission of a completed
18 precharter agreement or charter proposal for a charter school
19 district. The purpose of this pilot program is to examine a
20 new relationship between the State Board of Education and
21 school districts that may produce significant improvements in
22 student achievement and school management, while complying
23 with constitutional requirements assigned to each entity.
24 Beginning July 1, 2001, the State Board of Education shall
25 provide the option to each school that has been in operation
26 for at least 2 years within a school district that is approved
27 for charter school district status to vote within the first
28 year of the approved charter school district status, or if the
29 charter school district was approved prior to July 1, 2001, to
30 vote no later than June 30, 2002, to convert to charter school
31 status and upon the vote, as described in s. 228.056(3)(a), to
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1 apply for charter school status.
2 (1) CHARTER DISTRICT.--A charter school district is a
3 school district in Florida in which the school board has
4 submitted and the state board has approved a charter proposal
5 that exchanges statutory and rule exemption for agreement to
6 meet performance goals in the proposal. The charter school
7 district shall be chartered for 3 years, at the end of which
8 the performance shall be evaluated.
9 (2) EXEMPTION FROM STATUTES AND RULES.--Charter school
10 districts shall be exempt from state statutes and state board
11 rules as provided in s. 228.056. The school board of a
12 charter school district shall not be exempt from any statute
13 governing election of board members, public meetings and
14 public records requirements, financial disclosure, conflicts
15 of interest, operation in the sunshine, or other provisions
16 outside the Florida School Code.
17 (3) GOVERNING BOARD.--The governing board of the
18 charter school district shall be the duly elected school
19 board. The school board shall be responsible for supervising
20 the schools in the charter district and is authorized to
21 charter each of its existing public schools pursuant to s.
22 228.056, apply for deregulation of its public schools pursuant
23 to s. 228.0565, or otherwise establish performance-based
24 contractual relationships with its public schools for the
25 purpose of giving them greater autonomy with accountability
26 for performance.
27 (4) PRECHARTER AGREEMENT.--The state board is
28 authorized to approve a precharter agreement with a potential
29 charter district. The agreement may grant limited flexibility
30 and direction for developing the full charter proposal.
31 (5) TIME PERIOD FOR PILOT.--The pilot program shall be
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1 authorized for a period of 3 full school years commencing with
2 award of a charter. The charter may be renewed upon action of
3 the state board.
4 (6) REPORTS.--The state board shall annually report on
5 the implementation of the charter school district pilot
6 program. Upon the completion of the first 3-year term, the
7 state board, through the Commissioner of Education, shall
8 submit to the Legislature a full evaluation of the
9 effectiveness of the program.
10 (7) RULEMAKING.--The State Board of Education shall
11 have the authority to enact rules to implement this section in
12 accordance with ss. 120.536 and 120.54.
13 Section 12. Paragraph (d) is added to subsection (3)
14 of section 232.425, Florida Statutes, to read:
15 232.425 Student standards for participation in
16 interscholastic extracurricular student activities;
17 regulation.--
18 (3)
19 (d) An individual charter school student pursuant to
20 s. 228.056 is eligible to participate at the public school to
21 which the student would be assigned according to district
22 school attendance area policies or which the student could
23 choose to attend, pursuant to district or interdistrict
24 controlled open enrollment provisions, in any interscholastic
25 extracurricular activity of that school, unless such activity
26 is provided by the student's charter school, provided the
27 following conditions are met:
28 1. The charter school student must meet the
29 requirements of the charter school education program as
30 determined by the charter school governing board.
31 2. During the period of participation at a school, the
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1 charter school student must demonstrate educational progress
2 as required in paragraph (b).
3 3. The charter school student must meet the same
4 residency requirements as other students in the school at
5 which he or she participates.
6 4. The charter school student must meet the same
7 standards of acceptance, behavior, and performance as required
8 of other students in extracurricular activities.
9 5. The charter school student must register with the
10 school his or her intent to participate in interscholastic
11 extracurricular activities as a representative of the school
12 before the beginning date of the season for the activity in
13 which he or she wishes to participate. A charter school
14 student must be able to participate in curricular activities
15 if that is a requirement for an extracurricular activity.
16 6. A student who transfers from a charter school
17 program to a traditional public school before or during the
18 first grading period of the school year is academically
19 eligible to participate in interscholastic extracurricular
20 activities during the first grading period provided the
21 student has a successful evaluation from the previous school
22 year, pursuant to subparagraph 2.
23 7. Any public school or nonpublic school student who
24 has been unable to maintain academic eligibility for
25 participation in interscholastic extracurricular activities is
26 ineligible to participate in such activities as a charter
27 school student until the student has successfully completed
28 one grading period in a charter school pursuant to
29 subparagraph 2. to become eligible to participate as a charter
30 school student.
31 Section 13. Paragraph (b) of subsection (22) of
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1 section 159.27, Florida Statutes, is amended to read:
2 159.27 Definitions.--The following words and terms,
3 unless the context clearly indicates a different meaning,
4 shall have the following meanings:
5 (22) "Educational facility" means:
6 (b) Property that comprises the buildings and
7 equipment, structures, and special education use areas that
8 are built, installed, or established to serve primarily the
9 educational purposes of operating any nonprofit private
10 preschool, kindergarten, elementary school, middle school, or
11 high school that is established under chapter 617 or chapter
12 623, or that is owned or operated by an organization described
13 in s. 501(c)(3) of the United States Internal Revenue Code, or
14 operating any preschool, kindergarten, elementary school,
15 middle school, or high school that is owned or operated as
16 part of the state's system of public education, including, but
17 not limited to, a charter school or a developmental research
18 school operated under chapter 228. The requirements of this
19 part for the financing of projects through local agencies
20 shall also apply to such schools. Bonds issued under the
21 provisions of this part for such schools shall not be deemed
22 to constitute a debt, liability, or obligation of the state or
23 any political subdivision thereof, or a pledge of the faith
24 and credit of the state or of any such political subdivision,
25 but shall be payable solely from the revenues provided
26 therefor.
27
28 (Redesignate subsequent sections.)
29
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31
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1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 1, line 30, after the semicolon
4
5 insert:
6 amending s. 228.056, F.S.; prohibiting a public
7 school from using the word "charter" in its
8 name unless it is currently operating under a
9 charter that has been granted pursuant to this
10 section; providing additional purposes of
11 charter schools; requiring a public school to
12 have been in operation for at least 2 years
13 prior to application to convert to charter
14 school status; requiring a school board to
15 provide notice of denial to charter school
16 applicant in writing; prohibiting a sponsor
17 from charging a fee related to the
18 consideration of a charter school application;
19 prohibiting the consideration or approval of a
20 charter school application from being
21 contingent on the promise of future payment of
22 any kind; clarifying provisions relating to
23 appeals of denial of charter school
24 applications; deleting provisions relating to
25 failure to act in accordance with the
26 recommendation of the State Board of Education
27 regarding a charter school application;
28 exempting a charter school from a sponsor's
29 policies; authorizing charter school
30 cooperatives; authorizing students in a charter
31 school-in-a-development or charter
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1 school-in-a-municipality as a condition of
2 eligibility; authorizing students articulating
3 from one charter school to another as a
4 condition of eligibility; authorizing the
5 establishment of reasonable academic, artistic,
6 or other standards as a condition for
7 eligibility; requiring the capacity of a
8 charter school to be annually determined by the
9 charter school's governing body based on
10 certain factors; allowing required financial
11 records to follow accounting principles for
12 not-for-profit organizations; requiring the
13 charter school governing board to adopt an
14 operating budget; requiring a charter to
15 address the identification and acquisition of
16 appropriate technologies; requiring a charter
17 to address how a school board shall provide
18 academic student performance data to charter
19 schools; requiring a charter to address means
20 for ensuring accountability; requiring a
21 charter to address a description of delineated
22 responsibilities needed to effectively manage
23 the charter school; requiring a charter to
24 address procedures that identify risks and
25 provide an approach to remove the impact of
26 losses; requiring a charter to include a
27 financial plan for the facilities to be used;
28 requiring a charter to address the strategies
29 used to recruit qualified staff; requiring the
30 governing body to exercise continuing oversight
31 over charter school operations; providing for
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1 appeal of a sponsor's decision to terminate a
2 charter; providing for a charter school
3 governing board to request a waiver of statutes
4 directly from the commissioner, rather than
5 through the sponsor; providing for notice of
6 receipt and final disposition of such request;
7 stipulating that a charter school may not
8 knowingly employ an individual whose
9 certification has been revoked by this or any
10 other state; revising criteria for continued
11 employment as a teacher under certain
12 circumstances; requiring student enrollment
13 report to be submitted in a certain format;
14 prohibiting a sponsor from withholding an
15 administrative fee from certain funds;
16 requiring PECO maintenance funds to remain with
17 a conversion charter school; requiring a school
18 board to expedite consideration of a resolution
19 relating to certain revenue procedures;
20 revising provisions relating to compliance with
21 the Florida Building Code; authorizing the
22 establishment of a charter
23 school-in-a-development and a charter
24 school-in-a-municipality; amending s. 228.0561,
25 F.S.; deleting current capital outlay
26 distribution methods; requiring the Department
27 of Education to distribute capital outlay funds
28 on a monthly basis; amending s. 228.058, F.S.;
29 requiring public schools in a charter school
30 district to vote by a time certain to convert
31 to a charter school; amending s. 232.425, F.S.;
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1 authorizing charter school students to
2 participate at the public school to which the
3 student would be assigned in any
4 interscholastic extracurricular activity of
5 that school; amending s. 159.27, F.S.;
6 redefining the term "educational facility" for
7 purposes of part II of ch. 159, F.S., the
8 Florida Industrial Development Financing Act,
9 to include charter schools and developmental
10 research schools;
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