SENATE AMENDMENT
Bill No. CS/CS/HB 269, 1st Eng.
Amendment No. ___ Barcode 434894
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 Senator Peaden moved the following amendment to amendment
12 (161930):
13
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
1
4:33 PM 05/03/01 h0269c2c-0128u
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