SENATE AMENDMENT
    Bill No. CS/CS/HB 269, 1st Eng.
    Amendment No. ___   Barcode 434894
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11  Senator Peaden moved the following amendment to amendment
12  (161930):
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14         Senate Amendment (with title amendment) 
15         On page 17, between lines 5 and 6,
16  
17  insert:  
18         Section 11.  Paragraph (b) of subsection (22) of
19  section 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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SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 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 12. Section 228.056, Florida Statutes, is 15 amended to read: 16 228.056 Charter schools.-- 17 (1) AUTHORIZATION.--The creation of charter schools is 18 hereby authorized. Charter schools shall be part of the 19 state's program of public education. All charter schools in 20 Florida are fully recognized as public schools. A charter 21 school may be formed by creating a new school or converting an 22 existing public school to charter status. A public school may 23 not use the term charter in its name unless it has been 24 approved under this section. 25 (2) PURPOSE.--The purpose of charter schools shall be 26 to: 27 (a) Improve student learning. 28 (b) Increase learning opportunities for all students, 29 with special emphasis on expanded learning experiences for 30 students who are identified as academically low achieving. 31 (c) Encourage the use of different and innovative 2 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 1 learning methods. 2 (d) Increase choice of learning opportunities for 3 students. 4 (e) Establish a new form of accountability for 5 schools. 6 (f) Require the measurement of learning outcomes and 7 create innovative measurement tools. 8 (g) Make the school the unit for improvement. 9 (h) Create new professional opportunities for 10 teachers, including the opportunity to own the learning 11 program at the school site. 12 (i) Provide rigorous competition within the public 13 school district to stimulate continual improvement in all 14 public schools. 15 (j) Provide additional academic choices for parents 16 and students. 17 (k) Expand the capacity of the public school system. 18 (3) APPLICATION; UNLAWFUL REPRISAL.-- 19 (a)1. An application for a new charter school may be 20 made by an individual, teachers, parents, a group of 21 individuals, a municipality, or a legal entity organized under 22 the laws of this state. 23 2. The district school board or the principal, 24 teachers, parents, and/or the school advisory council at an 25 existing public school that has been in operation for at least 26 2 years prior to the application to convert, including a 27 public school-within-a-school that is designated as a school 28 by the district school board, shall submit any application for 29 converting the school to a charter school. An application 30 submitted proposing to convert an existing public school to a 31 charter school shall demonstrate the support of at least 50 3 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 1 percent of the teachers employed at the school and 50 percent 2 of the parents voting whose children are enrolled at the 3 school, provided that a majority of the parents eligible to 4 vote participate in the ballot process, according to 5 procedures established by rules of the state board. A district 6 school board denying an application for a conversion charter 7 school shall provide notice of denial to the applicants in 8 writing within 30 days after the meeting at which the school 9 board denied the application. The notice must specify the 10 exact reasons for denial and must provide documentation 11 supporting those reasons. A private school, parochial school, 12 or home education program shall not be eligible for charter 13 school status. 14 (b) No district school board, or district school board 15 employee who has control over personnel actions, shall take 16 unlawful reprisal against another district school board 17 employee because that employee is either directly or 18 indirectly involved with an application to establish a charter 19 school. As used in this subsection, the term "unlawful 20 reprisal" means an action taken by a district school board or 21 a school system employee against an employee who is directly 22 or indirectly involved in a lawful application to establish a 23 charter school, which occurs as a direct result of that 24 involvement, and which results in one or more of the 25 following: disciplinary or corrective action; adverse transfer 26 or reassignment, whether temporary or permanent; suspension, 27 demotion, or dismissal; an unfavorable performance evaluation; 28 a reduction in pay, benefits, or rewards; elimination of the 29 employee's position absent of a reduction in force as a result 30 of lack of moneys or work; or other adverse significant 31 changes in duties or responsibilities that are inconsistent 4 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 1 with the employee's salary or employment classification. The 2 following procedures shall apply to an alleged unlawful 3 reprisal which occurs as a consequence of an employee's direct 4 or indirect involvement with an application to establish a 5 charter school: 6 1. Within 60 days after a reprisal prohibited by this 7 subsection, an employee may file a complaint with the 8 Department of Education. 9 2. Within 3 working days after receiving a complaint 10 under this section, the department shall acknowledge receipt 11 of the complaint and provide copies of the complaint and any 12 other relevant preliminary information available to each of 13 the other parties named in the complaint, which parties shall 14 each acknowledge receipt of such copies to the complainant. 15 3. If the department determines that the complaint 16 demonstrates reasonable cause to suspect that an unlawful 17 reprisal has occurred, the department shall conduct an 18 investigation to produce a fact-finding report. 19 4. Within 90 days after receiving the complaint, the 20 department shall provide the superintendent of schools of the 21 complainant's district and the complainant with a fact-finding 22 report that may include recommendations to the parties or 23 proposed resolution of the complaint. The fact-finding report 24 shall be presumed admissible in any subsequent or related 25 administrative or judicial review. 26 5. If the department determines that reasonable 27 grounds exist to believe that an unlawful reprisal has 28 occurred, is occurring, or is to be taken, and is unable to 29 conciliate a complaint within 60 days after receipt of the 30 fact-finding report, the department shall terminate the 31 investigation. Upon termination of any investigation, the 5 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 1 department shall notify the complainant and the superintendent 2 of schools of the termination of the investigation, providing 3 a summary of relevant facts found during the investigation and 4 the reasons for terminating the investigation. A written 5 statement under this paragraph is presumed admissible as 6 evidence in any judicial or administrative proceeding. 7 6. The department shall either contract with the 8 Division of Administrative Hearings under s. 120.65, or 9 otherwise provide for a complaint for which the department 10 determines reasonable grounds exist to believe that an 11 unlawful reprisal has occurred, is occurring, or is to be 12 taken, and is unable to conciliate, to be heard by a panel of 13 impartial persons. Upon hearing the complaint, the panel must 14 make findings of fact and conclusions of law for a final 15 decision by the department. 16 17 It shall be an affirmative defense to any action brought 18 pursuant to this section that the adverse action was 19 predicated upon grounds other than, and would have been taken 20 absent, the employee's exercise of rights protected by this 21 section. 22 (c) In any action brought under this section for which 23 it is determined reasonable grounds exist to believe that an 24 unlawful reprisal has occurred, is occurring, or is to be 25 taken, the relief must include the following: 26 1. Reinstatement of the employee to the same position 27 held before the unlawful reprisal was commenced, or to an 28 equivalent position, or payment of reasonable front pay as 29 alternative relief. 30 2. Reinstatement of the employee's full fringe 31 benefits and seniority rights, as appropriate. 6 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 1 3. Compensation, if appropriate, for lost wages, 2 benefits, or other lost remuneration caused by the unlawful 3 reprisal. 4 4. Payment of reasonable costs, including attorney's 5 fees, to a substantially prevailing employee, or to the 6 prevailing employer if the employee filed a frivolous action 7 in bad faith. 8 5. Issuance of an injunction, if appropriate, by a 9 court of competent jurisdiction. 10 6. Temporary reinstatement to the employee's former 11 position or to an equivalent position, pending the final 12 outcome on the complaint, if it is determined that the action 13 was not made in bad faith or for a wrongful purpose, and did 14 not occur after a district school board's initiation of a 15 personnel action against the employee which includes 16 documentation of the employee's violation of a disciplinary 17 standard or performance deficiency. 18 (4) SPONSOR.--A district school board may sponsor a 19 charter school in the county over which the board has 20 jurisdiction. 21 (a) A district school board shall receive and review 22 all applications for a charter school. A district school board 23 shall receive and consider charter school applications 24 received on or before October 1 of each calendar year for 25 charter schools to be opened at the beginning of the school 26 district's next school year, or to be opened at a time agreed 27 to by the applicant and the district school board. A district 28 school board may receive applications later than this date if 29 it chooses. A sponsor may not charge an applicant for a 30 charter any fee for the processing or consideration of an 31 application, and a sponsor may not base its consideration or 7 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 1 approval of an application upon the promise of future payment 2 of any kind. 3 1. In order to facilitate an accurate budget 4 projection process, a district school board shall be held 5 harmless for FTE students which are not included in the FTE 6 projection due to approval of charter school applications 7 after the FTE projection deadline. In a further effort to 8 facilitate an accurate budget projection, within 15 calendar 9 days after receipt of a charter school application, a district 10 school board or other sponsor shall report to the Department 11 of Education the name of the applicant entity, the proposed 12 charter school location, and its projected FTE. 13 2. A district school board must by a majority vote 14 approve or deny an application no later than 60 calendar days 15 after the application is received, unless the district school 16 board and the applicant mutually agree to temporarily postpone 17 the vote to a specific date, at which time the district school 18 board must by a majority vote approve or deny the application. 19 If the district school board fails to act on the application, 20 an applicant may appeal to the State Board of Education as 21 provided in paragraph (b). If an application is denied, the 22 district school board must, within 10 calendar days, 23 articulate in writing the specific reasons based upon good 24 cause supporting its denial of the charter application. 25 3. For budget projection purposes, the district school 26 board or other sponsor shall report to the department the 27 approval or denial of a charter application within 10 calendar 28 days after such approval or denial. In the event of approval, 29 the report to the department must include the final projected 30 FTE for the approved charter school. 31 4. Upon approval of a charter application, the initial 8 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 1 startup must commence be consistent with the beginning of the 2 public school calendar for the district in which the charter 3 is granted unless the district school board allows a waiver of 4 this provision for good cause. 5 (b) An applicant may appeal any denial of that 6 applicant's application or failure to act on an application to 7 the State Board of Education no later than 30 calendar days 8 after receipt of the district school board's decision or 9 failure to act and shall notify the district school board of 10 its appeal. Any response of the school board shall be 11 submitted to the state board within 30 calendar days after 12 notification of the appeal. The state board must by majority 13 vote accept or reject the decision of the district school 14 board no later than 60 calendar days after an appeal is filed 15 in accordance with state board rule. The state board may 16 reject an appeal submission for failure to comply with 17 procedural rules governing the appeals process. The rejection 18 shall describe the submission errors. The appellant may have 19 up to 15 calendar days from notice of rejection to resubmit an 20 appeal that meets requirements of rule. An application for 21 appeal submitted subsequent to such rejection shall be 22 considered timely if the original appeal was filed within 30 23 calendar days after receipt of notice of the specific reasons 24 for the school board's denial of the charter application the 25 school board denial. The state board shall remand the 26 application to the district school board with its written 27 decision recommendation that the district board approve or 28 deny the application consistent with the state board's 29 decision. The decision of the State Board of Education is not 30 subject to the provisions of the Administrative Procedure Act, 31 chapter 120. 9 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 1 (c) The district school board must act upon the 2 recommendation of the State Board of Education within 30 3 calendar days after it is received. The district board may 4 fail to act in accordance with the recommendation of the state 5 board only for good cause. Good cause for failing to act in 6 accordance with the state board's recommendation arises only 7 if the district school board determines by competent 8 substantial evidence that approving the state board's 9 recommendation would be contrary to law or contrary to the 10 best interests of the pupils or the community. The district 11 school board must articulate in written findings the specific 12 reasons based upon good cause supporting its failure to act in 13 accordance with the state board's recommendation. The district 14 board's action on the state board's recommendation is a final 15 action subject to judicial review. 16 (d) The Department of Education may provide technical 17 assistance to an applicant upon written request. 18 (e) Paragraph (a) notwithstanding, a state university 19 may grant a charter to a developmental research school created 20 under s. 228.053. In considering such charter, the state 21 university must consult with the district school board of the 22 county in which the developmental research school is located. 23 The decision of a state university may be appealed pursuant to 24 the procedure established in this subsection. 25 (f) The terms and conditions for the operation of a 26 charter school shall be set forth by the sponsor and the 27 applicant in a written contractual agreement, called a 28 charter. The sponsor shall not impose unreasonable rules or 29 regulations that violate the intent of giving charter schools 30 greater flexibility to meet educational goals. The applicant 31 and sponsor shall have 6 months in which to mutually agree to 10 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 1 the provisions of the charter. The Department of Education 2 shall provide mediation services for any dispute regarding 3 this section subsequent to the approval of a charter 4 application and for any dispute relating to the approved 5 charter, except disputes regarding charter school application 6 denials. If the Commissioner of Education determines that the 7 dispute cannot be settled through mediation, the dispute may 8 be appealed to an administrative law judge appointed by the 9 Division of Administrative Hearings. The administrative law 10 judge may rule on issues of equitable treatment of the charter 11 school as a public school, whether proposed provisions of the 12 charter violate the intended flexibility granted charter 13 schools by statute, or on any other matter regarding this 14 section except a charter school application denial, and shall 15 award the prevailing party reasonable attorney's fees and 16 costs incurred to be paid by the losing party. The costs of 17 the administrative hearing shall be paid by the party whom the 18 administrative law judge rules against. 19 (g) The sponsor shall monitor and review the charter 20 school in its progress towards the goals established in the 21 charter. 22 (h) The sponsor shall monitor the revenues and 23 expenditures of the charter school. 24 (i) A charter school shall be exempt from the 25 sponsor's policies. 26 (5) CHARTER SCHOOL COOPERATIVES.--Charter schools may 27 enter into cooperative agreements to form charter school 28 cooperative organizations that may provide the following 29 services: charter school planning and development, direct 30 instructional services, contracts with charter school 31 governing boards to provide personnel administrative services, 11 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 1 payroll services, human resource management, evaluation and 2 assessment services, teacher preparation, and professional 3 development. 4 (6)(5) NUMBER OF SCHOOLS.-- 5 (a) The number of newly created charter schools is 6 limited to no more than 28 in each school district that has 7 100,000 or more students, no more than 20 in each school 8 district that has 50,000 to 99,999 students, and no more than 9 12 in each school district with fewer than 50,000 students. 10 (b) An existing public school which converts to a 11 charter school shall not be counted towards the limit 12 established by paragraph (a). 13 14 Notwithstanding any limit established by this subsection, a 15 district school board or a charter school applicant shall have 16 the right to request an increase of the limit on the number of 17 charter schools authorized to be established within the 18 district from the State Board of Education. 19 (7)(6) ELIGIBLE STUDENTS.-- 20 (a) A charter school shall be open to any student 21 covered in an interdistrict agreement or residing in the 22 school district in which the charter school is located; 23 however, in the case of a developmental research school 24 created under s. 228.053 to which a charter has been issued 25 under paragraph (4)(e), the charter school shall be open to 26 any student eligible to attend the developmental research 27 school as provided in s. 228.053 or who resides in the school 28 district in which the charter school is located. Any eligible 29 student shall be allowed interdistrict transfer to attend a 30 charter school when based on good cause. When a public school 31 converts to charter status, enrollment preference shall be 12 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 1 given to students who would have otherwise attended that 2 public school. A charter school may give enrollment preference 3 to a sibling of a student enrolled in the charter school, to 4 the child of a member of the governing board of the charter 5 school, or to the child of an employee of the charter school. 6 (b) The charter school shall enroll an eligible 7 student who submits a timely application, unless the number of 8 applications exceeds the capacity of a program, class, grade 9 level, or building. In such case, all applicants shall have an 10 equal chance of being admitted through a random selection 11 process. 12 (c) A charter school may limit the enrollment process 13 only to target the following student populations: 14 1. Students within specific age groups or grade 15 levels. 16 2. Students considered at risk of dropping out of 17 school or academic failure. Such students shall include 18 exceptional education students. 19 3. Students enrolling in a charter 20 school-in-the-workplace, charter school-in-a-development, or 21 charter school-in-a-municipality established pursuant to 22 subsection (22). 23 4. Students residing within a reasonable distance of 24 the charter school, as described in paragraph (13)(c). Such 25 students shall be subject to a random lottery and to the 26 racial/ethnic balance provisions described in subparagraph 27 (9)(a)8. or any federal provisions which require a school to 28 achieve a racial/ethnic balance reflective of the community it 29 serves or within the racial/ethnic range of other public 30 schools in the same school district. 31 5. Students who meet reasonable academic, artistic, or 13 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 1 other eligibility standards established by the charter school 2 and included in the charter school application and charter or, 3 in the case of existing charter schools, standards that are 4 consistent with the school's mission and purpose. Such 5 standards must be in accordance with current state law and 6 practice in public schools and may not discriminate against 7 otherwise qualified individuals. 8 6. Students articulating from one charter school to 9 another pursuant to an articulation agreement between the 10 charter schools which has been approved by the sponsor. 11 (d) A student may withdraw from a charter school at 12 any time and enroll in another public school as determined by 13 school board policy. 14 (e) Students with handicapping conditions and students 15 served in English for Speakers of Other Languages programs 16 shall have an equal opportunity of being selected for 17 enrollment in a charter school. 18 (f) The capacity of the charter school shall be 19 determined annually by the governing board, in conjunction 20 with the sponsor, of the charter school in consideration of 21 the factors identified in this subsection. 22 (8)(7) LEGAL ENTITY.--A charter school shall organize 23 as, or be operated by, a nonprofit organization. A charter 24 school may be operated by a municipality or other public 25 entity as provided for by law. As such, the charter school may 26 be either a private or a public employer. As a public 27 employer, a charter school may participate in the Florida 28 Retirement System upon application and approval as a "covered 29 group" under s. 121.021(34). If a charter school participates 30 in the Florida Retirement System, the charter school employees 31 shall be compulsory members of the Florida Retirement System. 14 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 1 As either a private or a public employer, a charter school may 2 contract for services with an individual or group of 3 individuals who are organized as a partnership or a 4 cooperative. Individuals or groups of individuals who contract 5 their services to the charter school are not public employees. 6 (9)(8) REQUIREMENTS.-- 7 (a) A charter school shall be nonsectarian in its 8 programs, admission policies, employment practices, and 9 operations. 10 (b) A charter school shall admit students as provided 11 in subsection (6). 12 (c) A charter school shall be accountable to its 13 sponsor for performance as provided in subsection (9). 14 (d) A charter school shall not charge tuition or fees, 15 except those fees normally charged by other public schools. 16 However, a developmental research school to which a charter 17 has been issued pursuant to paragraph (4)(e) may charge a 18 student activity and service fee as authorized by s. 19 228.053(5). 20 (e) A charter school shall meet all applicable state 21 and local health, safety, and civil rights requirements. 22 (f) A charter school shall not violate the 23 antidiscrimination provisions of s. 228.2001. 24 (g) A charter school shall be subject to an annual 25 financial audit in a manner similar to that of a school 26 district. 27 (h) No organization shall hold more than 15 charters 28 statewide. 29 (i) In order to provide financial information that is 30 comparable to that reported for other public schools, charter 31 schools are to maintain all financial records which constitute 15 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 1 their accounting system: 2 1. In accordance with the accounts and codes 3 prescribed in the most recent issuance of the publication 4 titled "Financial and Program Cost Accounting and Reporting 5 for Florida Schools"; or. 6 2. At the discretion of the charter school governing 7 board, a charter school may elect to follow generally accepted 8 accounting standards for not-for-profit organizations, but 9 must reformat this information for reporting according to this 10 paragraph. 11 12 Charter schools are to provide annual financial report and 13 program cost report information in the state-required formats 14 for inclusion in district reporting in compliance with s. 15 236.02(1). Charter schools which are operated by a 16 municipality or are a component unit of a parent nonprofit 17 organization may use the accounting system of the municipality 18 or the parent, but must reformat this information for 19 reporting according to this paragraph. 20 (j) The governing board of the 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 16 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 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 must include a means for 5 promoting safe, ethical, and appropriate uses of technology 6 which 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. The district school board is required to provide 21 academic student performance data to charter schools for each 22 of their students coming from the district school system, as 23 well 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 is 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 17 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 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 must 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; plans 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 18 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 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 (10). 25 12. The facilities to be used and their location. 26 13. The qualifications to be required of the teachers 27 and the potential strategies used to recruit, hire, train, and 28 retain qualified staff to achieve best value. 29 14. The governance structure of the school, including 30 the status of the charter school as a public or private 31 employer as required in subsection (7). 19 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 1 15. A timetable for implementing the charter which 2 addresses the implementation of each element thereof and the 3 date by which the charter shall be awarded in order to meet 4 this timetable. 5 16. In the case of an existing public school being 6 converted to charter status, alternative arrangements for 7 current students who choose not to attend the charter school 8 and for current teachers who choose not to teach in the 9 charter school after conversion in accordance with the 10 existing collective bargaining agreement or school board 11 policy in the absence of a collective bargaining agreement. 12 However, alternative arrangements shall not be required for 13 current teachers who choose not to teach in a developmental 14 research school to which a charter has been issued pursuant to 15 paragraph (4)(e), except as authorized by the employment 16 policies of the state university which grants the charter to 17 the developmental research school. 18 (b) A charter may be renewed every 5 school years, 19 provided that a program review demonstrates that the criteria 20 in paragraph (a) have been successfully accomplished and that 21 none of the grounds for nonrenewal established by paragraph 22 (10)(a) have been documented. In order to facilitate long-term 23 financing for charter school construction, charter schools 24 operating for a minimum of 2 years and demonstrating exemplary 25 academic programming and fiscal management are eligible for a 26 15-year charter renewal. Such long-term charter is subject to 27 annual review and may be terminated during the term of the 28 charter. 29 (c) A charter may be modified during its initial term 30 or any renewal term upon the recommendation of the sponsor or 31 the charter school governing board and the approval of both 20 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 1 parties to the agreement. 2 (d) The governing body of the charter school shall 3 exercise continuing oversight over charter school operations 4 and make annual progress reports to its sponsor, which upon 5 verification shall be forwarded to the Commissioner of 6 Education at the same time as other annual school 7 accountability reports. The report shall contain at least the 8 following information: 9 1. The charter school's progress towards achieving the 10 goals outlined in its charter. 11 2. The information required in the annual school 12 report pursuant to s. 229.592. 13 3. Financial records of the charter school, including 14 revenues and expenditures. 15 4. Salary and benefit levels of charter school 16 employees. 17 (e) A sponsor shall ensure that the charter is 18 innovative and consistent with the state education goals 19 established by s. 229.591. 20 (f) Upon receipt of the annual report required by 21 paragraph (d), the Department of Education shall provide to 22 the State Board of Education, the Commissioner of Education, 23 the President of the Senate, and the Speaker of the House of 24 Representatives an analysis and comparison of the overall 25 performance of charter school students, to include all 26 students whose scores are counted as part of the state 27 assessment program, versus comparable public school students 28 in the district as determined by the state assessment program 29 currently administered in the school district, and, as 30 appropriate, the Florida Writes Assessment Test, the High 31 School Competency Test, and other assessments administered 21 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 1 pursuant to s. 229.57(3). 2 (g) Whenever a municipality has submitted charter 3 applications for the establishment of a charter school feeder 4 pattern (elementary, middle, and senior high schools), and 5 upon approval of each individual charter application by the 6 district school board, such applications will then be 7 designated as one charter for all purposes listed pursuant to 8 this section. 9 (11)(10) CAUSES FOR NONRENEWAL OR TERMINATION.-- 10 (a) At the end of the term of a charter, the sponsor 11 may choose not to renew the charter for any of the following 12 grounds: 13 1. Failure to meet the requirements for student 14 performance stated in the charter. 15 2. Failure to meet generally accepted standards of 16 fiscal management. 17 3. Violation of law. 18 4. Other good cause shown. 19 (b) During the term of a charter, the sponsor may 20 terminate the charter for any of the grounds listed in 21 paragraph (a). 22 (c) At least 90 days prior to renewing or terminating 23 a charter, the sponsor shall notify the governing body of the 24 school of the proposed action in writing. The notice shall 25 state in reasonable detail the grounds for the proposed action 26 and stipulate that the school's governing body may, within 14 27 calendar days after receiving the notice, request an informal 28 hearing before the sponsor. The sponsor shall conduct the 29 informal hearing within 30 calendar days after receiving a 30 written request. The charter school's governing body may, 31 within 14 calendar days after receiving the sponsor's decision 22 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 1 to terminate or refuse to renew the charter, appeal the 2 decision pursuant to the procedure established in subsection 3 (4). 4 (d) A charter may be terminated immediately if the 5 sponsor determines that good cause has been shown or if the 6 health, safety, or welfare of the students is threatened. The 7 school district in which the charter school is located shall 8 assume operation of the school under these circumstances. The 9 charter school's governing board may, within 14 days after 10 receiving the sponsor's decision to terminate the charter, 11 appeal the decision pursuant to the procedure established in 12 subsection (4). 13 (e) When a charter is not renewed or is terminated, 14 the school shall be dissolved under the provisions of law 15 under which the school was organized, and any unencumbered 16 public funds from the charter school shall revert to the 17 district school board. In the event a charter school is 18 dissolved or is otherwise terminated, all district school 19 board property and improvements, furnishings, and equipment 20 purchased with public funds shall automatically revert to full 21 ownership by the district school board, subject to complete 22 satisfaction of any lawful liens or encumbrances. 23 (f) If a charter is not renewed or is terminated, the 24 charter school governing body of the school is responsible for 25 all debts of the charter school. The district may not assume 26 the debt from any contract for services made between the 27 governing body of the school and a third party, except for a 28 debt that is previously detailed and agreed upon in writing by 29 both the district and the governing body of the school and 30 that may not reasonably be assumed to have been satisfied by 31 the district. 23 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 1 (g) If a charter is not renewed or is terminated, a 2 student who attended the school may apply to, and shall be 3 enrolled in, another public school. Normal application 4 deadlines shall be disregarded under such circumstances. 5 (12)(11) EXEMPTION FROM STATUTES.--A charter school 6 shall operate in accordance with its charter and shall be 7 exempt from all statutes of the Florida School Code, except 8 those specifically applying to charter schools; those 9 pertaining to the provision of services to students with 10 disabilities; those pertaining to civil rights, including s. 11 228.2001, relating to discrimination; and those pertaining to 12 student health, safety, and welfare; or as otherwise required 13 by this section. A charter school shall not be exempt from the 14 following statutes: chapter 119, relating to public records, 15 and s. 286.011, relating to public meetings and records, 16 public inspection, and penalties. The charter school's 17 governing board sponsor, upon request of a charter school, may 18 apply to the Commissioner of Education for a waiver of 19 provisions of chapters 230-239 which are applicable to charter 20 schools under this section, except that the provisions of 21 chapter 236 or chapter 237 shall not be eligible for waiver if 22 the waiver would affect funding allocations or create inequity 23 in public school funding. The Commissioner of Education must 24 confirm receipt of a waiver request from a charter school by 25 providing a copy of the request to the sponsor. The 26 commissioner may grant the waiver if necessary to implement 27 the school program and shall provide notice of the final 28 dispensation of the waiver request to the charter school 29 governing board and the charter school's sponsor. 30 (13)(12) EMPLOYEES OF CHARTER SCHOOLS.-- 31 (a) A charter school shall select its own employees. A 24 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 1 charter school may contract with its sponsor for the services 2 of personnel employed by the sponsor. 3 (b) Charter school employees shall have the option to 4 bargain collectively. Employees may collectively bargain as a 5 separate unit or as part of the existing district collective 6 bargaining unit as determined by the structure of the charter 7 school. 8 (c) The employees of a conversion charter school shall 9 remain public employees for all purposes, unless such 10 employees choose not to do so. 11 (d) The teachers at a charter school may choose to be 12 part of a professional group that subcontracts with the 13 charter school to operate the instructional program under the 14 auspices of a partnership or cooperative that they 15 collectively own. Under this arrangement, the teachers would 16 not be public employees. 17 (e) Employees of a school district may take leave to 18 accept employment in a charter school upon the approval of the 19 district school board. While employed by the charter school 20 and on leave that is approved by the school board, the 21 employee may retain seniority accrued in that school district 22 and may continue to be covered by the benefit programs of that 23 school district, if the charter school and the district school 24 board agree to this arrangement and its financing. School 25 districts shall not require resignations of teachers desiring 26 to teach in a charter school. This paragraph shall not 27 prohibit a school board from approving alternative leave 28 arrangements consistent with chapter 231. 29 (f) Teachers employed by or under contract to a 30 charter school shall be certified as required by chapter 231. 31 A charter school governing board may employ or contract with 25 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 1 skilled selected noncertified personnel to provide 2 instructional services or to assist instructional staff 3 members as education paraprofessionals in the same manner as 4 defined in chapter 231, and as provided by State Board of 5 Education rule for charter school governing boards. A charter 6 school may not knowingly employ an individual to provide 7 instructional services or to serve as an education 8 paraprofessional if the individual's certification or 9 licensure as an educator is suspended or revoked by this or 10 any other state. A charter school may not knowingly employ an 11 individual who has resigned from a school district in lieu of 12 disciplinary action with respect to child welfare or safety, 13 or who has been dismissed for just cause by any school 14 district with respect to child welfare or safety. The 15 qualifications of teachers shall be disclosed to parents. 16 (g) A charter school shall employ or contract with 17 employees who have been fingerprinted as provided in s. 18 231.02. Members of the governing board of the charter school 19 shall also be fingerprinted in a manner similar to that 20 provided in s. 231.02. 21 (14)(13) REVENUE.--Students enrolled in a charter 22 school, regardless of the sponsorship, shall be funded as if 23 they are in a basic program or a special program, the same as 24 students enrolled in other public schools in the school 25 district. Funding for a chartered developmental research 26 school shall be as provided in s. 228.053(9). 27 (a) Each charter school shall report its student 28 enrollment to the district school board as required in s. 29 236.081, and in accordance with the definitions in s. 236.013. 30 The district school board shall include each charter school's 31 enrollment in the district's report of student enrollment. All 26 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 1 charter schools submitting student record information required 2 by the Department of Education shall comply with the 3 department's guidelines for electronic data formats for such 4 data, and all districts shall accept electronic data that 5 complies with the department's electronic format. 6 (b) The basis for the agreement for funding students 7 enrolled in a charter school shall be the sum of the school 8 district's operating funds from the Florida Education Finance 9 Program as provided in s. 236.081 and the General 10 Appropriations Act, including gross state and local funds, 11 discretionary lottery funds, and funds from the school 12 district's current operating discretionary millage levy; 13 divided by total funded weighted full-time equivalent students 14 in the school district; multiplied by the weighted full-time 15 equivalent students for the charter school. Charter schools 16 whose students or programs meet the eligibility criteria in 17 law shall be entitled to their proportionate share of 18 categorical program funds included in the total funds 19 available in the Florida Education Finance Program by the 20 Legislature, including transportation. Total funding for each 21 charter school will be recalculated during the year to reflect 22 the revised calculations under the Florida Education Finance 23 Program by the state and the actual weighted full-time 24 equivalent students reported by the charter school during the 25 full-time equivalent student survey periods designated by the 26 Commissioner of Education. 27 (c) Transportation of charter school students shall be 28 provided by the charter school consistent with the 29 requirements of chapter 234. The governing body of the charter 30 school may provide transportation through an agreement or 31 contract with the district school board, a private provider, 27 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 1 or parents. The charter school and the sponsor shall cooperate 2 in making arrangements that ensure that transportation is not 3 a barrier to equal access for all students residing within a 4 reasonable distance of the charter school as determined in its 5 charter. 6 (d) If the district school board is providing programs 7 or services to students funded by federal funds, any eligible 8 students enrolled in charter schools in the school district 9 shall be provided federal funds for the same level of service 10 provided students in the schools operated by the district 11 school board. Pursuant to provisions of 20 U.S.C. 8061 s. 12 10306, all charter schools shall receive all federal funding 13 for which the school is otherwise eligible, including Title I 14 funding, not later than 5 months after the charter school 15 first opens and within 5 months after any subsequent expansion 16 of enrollment. 17 (e) Any administrative fee charged by the school 18 district relating to a charter school shall be limited to 5 19 percent of the available funds as defined in paragraph (b) not 20 including capital outlay funds, federal and state grants, or 21 any other funds unless explicitly provided by law. The sponsor 22 shall provide certain administrative and educational services 23 to charter schools at no additional fee. These services shall 24 include contract management services, FTE and data reporting, 25 exceptional student education administration, test 26 administration, processing of teacher certificate data, and 27 information services. 28 (f) School boards shall make every effort to ensure 29 that charter schools receive timely and efficient 30 reimbursement, including processing paperwork required to 31 access special state and federal funding for which they may be 28 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 1 eligible. The district school board may distribute funds to a 2 charter school for up to 3 months based on the projected 3 full-time equivalent student membership of the charter school. 4 Thereafter, the results of full-time equivalent student 5 membership surveys must be used in adjusting the amount of 6 funds distributed monthly to the charter school for the 7 remainder of the fiscal year. The payment shall be issued no 8 later than 10 working days after the district school board 9 receives a distribution of state or federal funds. If a 10 warrant for payment is not issued within 30 working days after 11 receipt of funding by the district school board, the school 12 district shall pay to the charter school, in addition to the 13 amount of the scheduled disbursement, interest at a rate of 1 14 percent per month calculated on a daily basis on the unpaid 15 balance from the expiration of the 30-day period until such 16 time as the warrant is issued. 17 (g) If a district school board facility or property is 18 available because it is surplus, marked for disposal, or 19 otherwise unused, it shall be provided for a charter school's 20 use on the same basis as it is made available to other public 21 schools in the district. A charter school receiving property 22 from the school district may not sell or dispose of such 23 property without written permission of the school district. 24 Similarly, for an existing public school converting to charter 25 status, no rental or leasing fee for the existing facility or 26 for the property normally inventoried to the conversion school 27 may be charged by the district school board to the parents and 28 teachers organizing the charter school. The charter 29 organizers shall agree to reasonable maintenance provisions in 30 order to maintain the facility in a manner similar to district 31 school board standards. The Public Education Capital Outlay 29 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 1 maintenance funds or any other maintenance funds generated by 2 the facility operated as a conversion school shall remain with 3 the conversion school. 4 (h) If other goods and services are made available to 5 the charter school through the contract with the school 6 district, they shall be provided to the charter school at a 7 rate no greater than the district's actual cost. To maximize 8 the use of state funds, school districts shall allow charter 9 schools to participate in the sponsor's bulk purchasing 10 program if applicable. 11 (15)(14) IMMUNITY.--For the purposes of tort 12 liability, the governing body and employees of a charter 13 school shall be governed by s. 768.28. 14 (16)(15) LENGTH OF SCHOOL YEAR.--A charter school 15 shall provide instruction for at least the number of days 16 required by law for other public schools, and may provide 17 instruction for additional days. 18 (17)(16) FACILITIES.-- 19 (a) A charter school shall utilize facilities which 20 comply with the State Uniform Building Code for Public 21 Educational Facilities Construction adopted pursuant to s. 22 235.26 or with applicable state minimum building codes 23 pursuant to chapter 553 and state minimum fire protection 24 codes pursuant to s. 633.025, as adopted by the authority in 25 whose jurisdiction the facility is located. 26 (b) Any facility, or portion thereof, used to house a 27 charter school whose charter has been approved by the sponsor 28 and the governing board, pursuant to subsection (9), shall be 29 exempt from ad valorem taxes pursuant to s. 196.1983. 30 (c) After January 1, 2001, charter school facilities 31 shall utilize facilities which comply with the Florida 30 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 1 Building Code, pursuant to chapter 553, and the Florida Fire 2 Prevention Code, pursuant to chapter 633. 3 (18)(17) INITIAL COSTS.--A sponsor may approve a 4 charter for a charter school before the applicant has secured 5 space, equipment, or personnel, if the applicant indicates 6 approval is necessary for it to raise working capital. 7 (19)(18) INFORMATION.--The Department of Education 8 shall 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 (20)(19) GENERAL AUTHORITY.--A charter school shall 16 not levy taxes or issue bonds secured by tax revenues. 17 (21)(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 31 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 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 2005 Regular Session of the 7 Legislature. 8 (22)(21) RULEMAKING.--The Department of Education, 9 after 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 (23)(22) CHARTER SCHOOLS-IN-THE-WORKPLACE, CHARTER 15 SCHOOLS-IN-A-DEVELOPMENT, AND CHARTER SCHOOLS 16 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 32 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 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-municipality designation may 8 be granted to a municipality that possesses a charter; enrolls 9 students based upon a random lottery that involves all of the 10 children of the residents of that municipality who are seeking 11 enrollment, as provided for in subsection (6); and enrolls 12 students according to the racial/ethnic balance provisions 13 described in subparagraph (9)(a)8. Any portion of the land and 14 facility used for a public charter school shall be exempt from 15 ad valorem taxes, as provided for in s. 235.198, for the 16 duration of its use as a public school. 17 (d) As used in this subsection, the terms "business 18 partner," "employer," "developer," or "municipality" may 19 include more than one business, employer, developer, or 20 municipality to form a charter school-in-the-workplace, 21 charter school-in-a-development, or charter 22 school-in-a-municipality. 23 Section 13. Subsection (1) of section 228.0561, 24 Florida Statutes, is amended to read: 25 228.0561 Charter schools capital outlay funding.-- 26 (1) In each year in which funds are appropriated for 27 charter school capital outlay purposes, the Commissioner of 28 Education shall allocate the funds among eligible charter 29 schools. To be eligible for a funding allocation, a charter 30 school must meet the provisions of subsection (6), must have 31 received final approval from its sponsor pursuant to s. 33 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 1 228.056 for operation during that fiscal year, and must serve 2 students in facilities that are not provided by the charter 3 school's sponsor. Prior to the release of capital outlay 4 funds to a school district on behalf of the charter school, 5 the Department of Education shall ensure that the district 6 school board and the charter school governing board enter into 7 a written agreement that includes provisions for the reversion 8 of any unencumbered funds and all equipment and property 9 purchased with public education funds to the ownership of the 10 district school board, as provided for in subsection (3), in 11 the event that the school terminates operations. Any funds 12 recovered by the state shall be deposited in the General 13 Revenue Fund. A charter school is not eligible for a funding 14 allocation if it was created by the conversion of a public 15 school and operates in facilities provided by the charter 16 school's sponsor for a nominal fee or at no charge or if it is 17 directly or indirectly operated by the school district. Unless 18 otherwise provided in the General Appropriations Act, the 19 funding allocation for each eligible charter school shall be 20 determined by multiplying the school's projected student 21 enrollment by one-fifteenth of the cost-per-student station 22 specified in s. 235.435(6)(b) for an elementary, middle, or 23 high school, as appropriate. If the funds appropriated are 24 not sufficient, the commissioner shall prorate the available 25 funds among eligible charter schools. Funds shall be 26 distributed on the basis of the capital outlay full-time 27 equivalent membership by grade level, which shall be 28 calculated by averaging the results of the second and third 29 enrollment surveys. The Department of Education shall 30 distribute capital outlay funds monthly, beginning in the 31 first quarter of the fiscal year, based on one-twelfth of the 34 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 1 amount the department reasonably expects the charter school to 2 receive during that fiscal year. The commissioner shall adjust 3 subsequent distributions as necessary to reflect each charter 4 school's actual student enrollment as reflected in the second 5 and third enrollment surveys. Sixty percent of the funds shall 6 be distributed after the second enrollment survey, and the 7 balance shall be distributed after the third enrollment 8 survey. The commissioner shall adjust subsequent distributions 9 as necessary to reflect each charter school's actual student 10 enrollment. The commissioner shall establish the intervals and 11 procedures for determining the projected and actual student 12 enrollment of eligible charter schools. 13 Section 14. Section 228.058, Florida Statutes, is 14 amended to read: 15 228.058 Charter School Districts Pilot Program.--The 16 State Board of Education is authorized to enter into a 17 performance contract with up to six school districts for the 18 purpose of establishing them as charter school districts. The 19 State Board of Education shall give priority to Hillsborough 20 and Volusia Counties upon the submission of a completed 21 precharter agreement or charter proposal for a charter school 22 district. The purpose of this pilot program is to examine a 23 new relationship between the State Board of Education and 24 school districts that may produce significant improvements in 25 student achievement and school management, while complying 26 with constitutional requirements assigned to each entity. 27 (1) CHARTER DISTRICT.--A charter school district is a 28 school district in Florida in which the school board has 29 submitted and the state board has approved a charter proposal 30 that exchanges statutory and rule exemption for agreement to 31 meet performance goals in the proposal. The charter school 35 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 1 district shall be chartered for 3 years, at the end of which 2 the performance shall be evaluated. 3 (2) EXEMPTION FROM STATUTES AND RULES.--Charter school 4 districts shall be exempt from state statutes and state board 5 rules as provided in s. 228.056. The school board of a 6 charter school district shall not be exempt from any statute 7 governing election of board members, public meetings and 8 public records requirements, financial disclosure, conflicts 9 of interest, operation in the sunshine, or other provisions 10 outside the Florida School Code. 11 (3) GOVERNING BOARD.--The governing board of the 12 charter school district shall be the duly elected school 13 board. The school board shall be responsible for supervising 14 the schools in the charter district and is authorized to 15 charter each of its existing public schools pursuant to s. 16 228.056, apply for deregulation of its public schools pursuant 17 to s. 228.0565, or otherwise establish performance-based 18 contractual relationships with its public schools for the 19 purpose of giving them greater autonomy with accountability 20 for performance. 21 (4) PRECHARTER AGREEMENT.--The state board is 22 authorized to approve a precharter agreement with a potential 23 charter district. The agreement may grant limited flexibility 24 and direction for developing the full charter proposal. 25 (5) TIME PERIOD FOR PILOT.--The pilot program shall be 26 authorized for a period of 3 full school years commencing with 27 award of a charter. The charter may be renewed upon action of 28 the state board. 29 (6) REPORTS.--The state board shall annually report on 30 the implementation of the charter school district pilot 31 program. Upon the completion of the first 3-year term, the 36 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 1 state board, through the Commissioner of Education, shall 2 submit to the Legislature a full evaluation of the 3 effectiveness of the program. 4 (7) RULEMAKING.--The State Board of Education shall 5 have the authority to enact rules to implement this section in 6 accordance with ss. 120.536 and 120.54. 7 Section 15. Paragraph (d) is added to subsection (3) 8 of section 232.425, Florida Statutes, to read: 9 232.425 Student standards for participation in 10 interscholastic extracurricular student activities; 11 regulation.-- 12 (3) 13 (d) An individual charter school student pursuant to 14 s. 228.056 is eligible to participate at the public school to 15 which the student would be assigned according to district 16 school attendance area policies or which the student could 17 choose to attend, pursuant to district or interdistrict 18 controlled open-enrollment provisions, in any interscholastic 19 extracurricular activity of that school, unless such activity 20 is provided by the student's charter school, if the following 21 conditions are met: 22 1. The charter school student must meet the 23 requirements of the charter school education program as 24 determined by the charter school governing board. 25 2. During the period of participation at a school, the 26 charter school student must demonstrate educational progress 27 as required in paragraph (b). 28 3. The charter school student must meet the same 29 residency requirements as other students in the school at 30 which he or she participates. 31 4. The charter school student must meet the same 37 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 1 standards of acceptance, behavior, and performance that are 2 required of other students in extracurricular activities. 3 5. The charter school student must register with the 4 school his or her intent to participate in interscholastic 5 extracurricular activities as a representative of the school 6 before the beginning date of the season for the activity in 7 which he or she wishes to participate. A charter school 8 student must be able to participate in curricular activities 9 if that is a requirement for an extracurricular activity. 10 6. A student who transfers from a charter school 11 program to a traditional public school before or during the 12 first grading period of the school year is academically 13 eligible to participate in interscholastic extracurricular 14 activities during the first grading period if the student has 15 a successful evaluation from the previous school year, 16 pursuant to subparagraph 2. 17 7. Any public school or nonpublic school student who 18 has been unable to maintain academic eligibility for 19 participation in interscholastic extracurricular activities is 20 ineligible to participate in such activities as a charter 21 school student until the student has successfully completed 22 one grading period in a charter school pursuant to 23 subparagraph 2. to become eligible to participate as a charter 24 school student. 25 26 (Redesignate subsequent sections.) 27 28 29 ================ T I T L E A M E N D M E N T =============== 30 And the title is amended as follows: 31 On page 3, line 1, after the semicolon, 38 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 1 and insert: 2 amending s. 159.27, F.S.; redefining the term 3 "educational facility" for purposes of part II 4 of ch. 159, F.S., the Florida Industrial 5 Development Financing Act, to include charter 6 schools and developmental research schools; 7 amending s. 228.056, F.S.; providing 8 requirements for conversion to charter schools; 9 establishing new purposes for charter schools; 10 prohibiting a sponsor from charging an 11 application fee; removing a school board's 12 ability to refuse to follow the recommendation 13 of the State Board of Education for good cause 14 in cases of charter-school appeals; permitting 15 a charter school to admit students on the basis 16 of artistic, academic, or other standards; 17 revising requirements regarding the capacity of 18 the charter school; granting a charter school's 19 governing board the right to appeal a school 20 board's decision to terminate a charter school; 21 changing the procedure for granting a charter 22 school an exemption from statutory provisions; 23 revising the requirements for the staff of a 24 charter school; revising procedures relating to 25 the administrative fee charged by a school 26 district; revising requirements for a charter 27 school in the workplace; amending s. 228.0561, 28 F.S.; revising procedures relating to funding 29 for charter-school facilities; amending s. 30 228.058, F.S.; requiring public schools in a 31 charter district to vote by a time certain to 39 4:33 PM 05/03/01 h0269c2c-0128u
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 434894 1 convert to a charter school; amending s. 2 232.425, F.S.; authorizing charter school 3 students to participate at the public school to 4 which the student would be assigned in any 5 interscholastic extracurricular activity of 6 that school; 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 40 4:33 PM 05/03/01 h0269c2c-0128u