SENATE AMENDMENT
    Bill No. CS/CS/HB 269, 1st Eng.
    Amendment No. ___   Barcode 474472
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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 474472 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 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 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 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 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 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 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 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 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 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 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 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 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 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 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 recommendation that the district board approve or deny the 28 application consistent with the state board's decision. The 29 decision of the State Board of Education is not subject to the 30 provisions of the Administrative Procedure Act, chapter 120. 31 (c) The district school board must act upon the 9 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 1 recommendation of the State Board of Education within 30 2 calendar days after it is received. The district board may 3 fail to act in accordance with the recommendation of the state 4 board only for good cause. Good cause for failing to act in 5 accordance with the state board's recommendation arises only 6 if the district school board determines by competent 7 substantial evidence that approving the state board's 8 recommendation would be contrary to law or contrary to the 9 best interests of the pupils or the community. The district 10 school board must articulate in written findings the specific 11 reasons based upon good cause supporting its failure to act in 12 accordance with the state board's recommendation. The district 13 board's action on the state board's recommendation is a final 14 action subject to judicial review. 15 (d) The Department of Education may provide technical 16 assistance to an applicant upon written request. 17 (e) Paragraph (a) notwithstanding, a state university 18 may grant a charter to a developmental research school created 19 under s. 228.053. In considering such charter, the state 20 university must consult with the district school board of the 21 county in which the developmental research school is located. 22 The decision of a state university may be appealed pursuant to 23 the procedure established in this subsection. 24 (f) The terms and conditions for the operation of a 25 charter school shall be set forth by the sponsor and the 26 applicant in a written contractual agreement, called a 27 charter. The sponsor shall not impose unreasonable rules or 28 regulations that violate the intent of giving charter schools 29 greater flexibility to meet educational goals. The applicant 30 and sponsor shall have 6 months in which to mutually agree to 31 the provisions of the charter. The Department of Education 10 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 1 shall provide mediation services for any dispute regarding 2 this section subsequent to the approval of a charter 3 application and for any dispute relating to the approved 4 charter, except disputes regarding charter school application 5 denials. If the Commissioner of Education determines that the 6 dispute cannot be settled through mediation, the dispute may 7 be appealed to an administrative law judge appointed by the 8 Division of Administrative Hearings. The administrative law 9 judge may rule on issues of equitable treatment of the charter 10 school as a public school, whether proposed provisions of the 11 charter violate the intended flexibility granted charter 12 schools by statute, or on any other matter regarding this 13 section except a charter school application denial, and shall 14 award the prevailing party reasonable attorney's fees and 15 costs incurred to be paid by the losing party. The costs of 16 the administrative hearing shall be paid by the party whom the 17 administrative law judge rules against. 18 (g) The sponsor shall monitor and review the charter 19 school in its progress towards the goals established in the 20 charter. 21 (h) The sponsor shall monitor the revenues and 22 expenditures of the charter school. 23 (i) A charter school shall be exempt from the 24 sponsor's policies. 25 (5) CHARTER SCHOOL COOPERATIVES.--Charter schools may 26 enter into cooperative agreements to form charter school 27 cooperative organizations that may provide the following 28 services: charter school planning and development, direct 29 instructional services, contracts with charter school 30 governing boards to provide personnel administrative services, 31 payroll services, human resource management, evaluation and 11 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 1 assessment services, teacher preparation, and professional 2 development. 3 (6)(5) NUMBER OF SCHOOLS.-- 4 (a) The number of newly created charter schools is 5 limited to no more than 28 in each school district that has 6 100,000 or more students, no more than 20 in each school 7 district that has 50,000 to 99,999 students, and no more than 8 12 in each school district with fewer than 50,000 students. 9 (b) An existing public school which converts to a 10 charter school shall not be counted towards the limit 11 established by paragraph (a). 12 13 Notwithstanding any limit established by this subsection, a 14 district school board or a charter school applicant shall have 15 the right to request an increase of the limit on the number of 16 charter schools authorized to be established within the 17 district from the State Board of Education. 18 (7)(6) ELIGIBLE STUDENTS.-- 19 (a) A charter school shall be open to any student 20 covered in an interdistrict agreement or residing in the 21 school district in which the charter school is located; 22 however, in the case of a developmental research school 23 created under s. 228.053 to which a charter has been issued 24 under paragraph (4)(e), the charter school shall be open to 25 any student eligible to attend the developmental research 26 school as provided in s. 228.053 or who resides in the school 27 district in which the charter school is located. Any eligible 28 student shall be allowed interdistrict transfer to attend a 29 charter school when based on good cause. When a public school 30 converts to charter status, enrollment preference shall be 31 given to students who would have otherwise attended that 12 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 1 public school. A charter school may give enrollment preference 2 to a sibling of a student enrolled in the charter school, to 3 the child of a member of the governing board of the charter 4 school, or to the child of an employee of the charter school. 5 (b) The charter school shall enroll an eligible 6 student who submits a timely application, unless the number of 7 applications exceeds the capacity of a program, class, grade 8 level, or building. In such case, all applicants shall have an 9 equal chance of being admitted through a random selection 10 process. 11 (c) A charter school may limit the enrollment process 12 only to target the following student populations: 13 1. Students within specific age groups or grade 14 levels. 15 2. Students considered at risk of dropping out of 16 school or academic failure. Such students shall include 17 exceptional education students. 18 3. Students enrolling in a charter 19 school-in-the-workplace or charter school-in-a-municipality 20 established pursuant to subsection (22). 21 4. Students residing within a reasonable distance of 22 the charter school, as described in paragraph (13)(c). Such 23 students shall be subject to a random lottery and to the 24 racial/ethnic balance provisions described in subparagraph 25 (9)(a)8. or any federal provisions which require a school to 26 achieve a racial/ethnic balance reflective of the community it 27 serves or within the racial/ethnic range of other public 28 schools in the same school district. 29 5. Students who meet reasonable academic, artistic, or 30 other eligibility standards established by the charter school 31 and included in the charter school application and charter or, 13 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 1 in the case of existing charter schools, standards that are 2 consistent with the school's mission and purpose. Such 3 standards must be in accordance with current state law and 4 practice in public schools and may not discriminate against 5 otherwise qualified individuals. 6 6. Students articulating from one charter school to 7 another pursuant to an articulation agreement between the 8 charter schools which has been approved by the sponsor. 9 (d) A student may withdraw from a charter school at 10 any time and enroll in another public school as determined by 11 school board policy. 12 (e) Students with handicapping conditions and students 13 served in English for Speakers of Other Languages programs 14 shall have an equal opportunity of being selected for 15 enrollment in a charter school. 16 (f) The capacity of the charter school shall be 17 determined annually by the governing board, in conjunction 18 with the sponsor, of the charter school in consideration of 19 the factors identified in this subsection. 20 (8)(7) LEGAL ENTITY.--A charter school shall organize 21 as, or be operated by, a nonprofit organization. A charter 22 school may be operated by a municipality or other public 23 entity as provided for by law. As such, the charter school may 24 be either a private or a public employer. As a public 25 employer, a charter school may participate in the Florida 26 Retirement System upon application and approval as a "covered 27 group" under s. 121.021(34). If a charter school participates 28 in the Florida Retirement System, the charter school employees 29 shall be compulsory members of the Florida Retirement System. 30 As either a private or a public employer, a charter school may 31 contract for services with an individual or group of 14 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 1 individuals who are organized as a partnership or a 2 cooperative. Individuals or groups of individuals who contract 3 their services to the charter school are not public employees. 4 (9)(8) REQUIREMENTS.-- 5 (a) A charter school shall be nonsectarian in its 6 programs, admission policies, employment practices, and 7 operations. 8 (b) A charter school shall admit students as provided 9 in subsection (6). 10 (c) A charter school shall be accountable to its 11 sponsor for performance as provided in subsection (9). 12 (d) A charter school shall not charge tuition or fees, 13 except those fees normally charged by other public schools. 14 However, a developmental research school to which a charter 15 has been issued pursuant to paragraph (4)(e) may charge a 16 student activity and service fee as authorized by s. 17 228.053(5). 18 (e) A charter school shall meet all applicable state 19 and local health, safety, and civil rights requirements. 20 (f) A charter school shall not violate the 21 antidiscrimination provisions of s. 228.2001. 22 (g) A charter school shall be subject to an annual 23 financial audit in a manner similar to that of a school 24 district. 25 (h) No organization shall hold more than 15 charters 26 statewide. 27 (i) In order to provide financial information that is 28 comparable to that reported for other public schools, charter 29 schools are to maintain all financial records which constitute 30 their accounting system: 31 1. In accordance with the accounts and codes 15 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 1 prescribed in the most recent issuance of the publication 2 titled "Financial and Program Cost Accounting and Reporting 3 for Florida Schools"; or. 4 2. At the discretion of the charter school governing 5 board, a charter school may elect to follow generally accepted 6 accounting standards for not-for-profit organizations, but 7 must reformat this information for reporting according to this 8 paragraph. 9 10 Charter schools are to provide annual financial report and 11 program cost report information in the state-required formats 12 for inclusion in district reporting in compliance with s. 13 236.02(1). Charter schools which are operated by a 14 municipality or are a component unit of a parent nonprofit 15 organization may use the accounting system of the municipality 16 or the parent, but must reformat this information for 17 reporting according to this paragraph. 18 (j) The governing board of the charter school shall 19 annually adopt and maintain an operating budget. 20 (10)(9) CHARTER.--The major issues involving the 21 operation of a charter school shall be considered in advance 22 and written into the charter. The charter shall be signed by 23 the governing body of the charter school and the sponsor, 24 following a public hearing to ensure community input. 25 (a) The charter shall address, and criteria for 26 approval of the charter shall be based on: 27 1. The school's mission, the students to be served, 28 and the ages and grades to be included. 29 2. The focus of the curriculum, the instructional 30 methods to be used, and any distinctive instructional 31 techniques to be employed, and identification and acquisition 16 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 1 of appropriate technologies needed to improve educational and 2 administrative performance. This must include a means for 3 promoting safe, ethical, and appropriate uses of technology 4 which comply with legal and professional standards. 5 3. The current incoming baseline standard of student 6 academic achievement, the outcomes to be achieved, and the 7 method of measurement that will be used. This section shall 8 include a detailed description for each of the following: 9 a. How the baseline student academic achievement 10 levels and prior rates of academic progress will be 11 established. 12 b. How these baseline rates will be compared to rates 13 of academic progress achieved by these same students while 14 attending the charter school. 15 c. To the extent possible, how these rates of progress 16 will be evaluated and compared with rates of progress of other 17 closely comparable student populations. 18 d. The district school board is required to provide 19 academic student performance data to charter schools for each 20 of their students coming from the district school system, as 21 well as rates of academic progress of comparable student 22 populations in the district school system. 23 4. The methods used to identify the educational 24 strengths and needs of students and how well educational goals 25 and performance standards are met by students attending the 26 charter school. Included in the methods is a means for 27 ensuring accountability to its constituents by analyzing 28 student performance data and by evaluating the effectiveness 29 and efficiency of its major educational programs. Students in 30 charter schools shall, at a minimum, participate in the 31 statewide assessment program. 17 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 1 5. In secondary charter schools, a method for 2 determining that a student has satisfied the requirements for 3 graduation in s. 232.246. 4 6. A method for resolving conflicts between the 5 governing body of the charter school and the sponsor. 6 7. The admissions procedures and dismissal procedures, 7 including the school's code of student conduct. 8 8. The ways by which the school will achieve a 9 racial/ethnic balance reflective of the community it serves or 10 within the racial/ethnic range of other public schools in the 11 same school district. 12 9. The financial and administrative management of the 13 school, including a reasonable demonstration of the 14 professional experience or competence of those individuals or 15 organizations applying to operate the charter school or those 16 hired or retained to perform such professional services and 17 the description of clearly delineated responsibilities and the 18 policies and practices needed to effectively manage the 19 charter school. A description of internal audit procedures and 20 establishment of controls to ensure that financial resources 21 are properly managed must be included. Both public sector and 22 private sector professional experience shall be equally valid 23 in such a consideration. 24 10. A description of procedures that identify various 25 risks and provide for a comprehensive approach to reduce the 26 impact of losses; plans to ensure the safety and security of 27 students and staff; plans to identify, minimize, and protect 28 others from violent or disruptive student behavior; and the 29 manner in which the school will be insured, including whether 30 or not the school will be required to have liability 31 insurance, and, if so, the terms and conditions thereof and 18 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 1 the amounts of coverage. 2 11. The term of the charter which shall provide for 3 cancellation of the charter if insufficient progress has been 4 made in attaining the student achievement objectives of the 5 charter and if it is not likely that such objectives can be 6 achieved before expiration of the charter. The initial term of 7 a charter shall be for 3, 4, or 5 years. In order to 8 facilitate access to long-term financial resources for charter 9 school construction, charter schools that are operated by a 10 municipality or other public entity as provided by law are 11 eligible for up to a 15-year charter, subject to approval by 12 the local school board. A developmental research school is 13 eligible for a charter for a term of up to 15 years issued by 14 a state university pursuant to paragraph (4)(e). In addition, 15 to facilitate access to long-term financial resources for 16 charter school construction, charter schools that are operated 17 by a private, not-for-profit, s. 501(c)(3) status corporation 18 are eligible for up to a 10-year charter, subject to approval 19 by the local school board. Such long-term charters remain 20 subject to annual review and may be terminated during the term 21 of the charter, but only for specific good cause according to 22 the provisions set forth in subsection (10). 23 12. The facilities to be used and their location. 24 13. The qualifications to be required of the teachers 25 and the potential strategies used to recruit, hire, train, and 26 retain qualified staff to achieve best value. 27 14. The governance structure of the school, including 28 the status of the charter school as a public or private 29 employer as required in subsection (7). 30 15. A timetable for implementing the charter which 31 addresses the implementation of each element thereof and the 19 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 1 date by which the charter shall be awarded in order to meet 2 this timetable. 3 16. In the case of an existing public school being 4 converted to charter status, alternative arrangements for 5 current students who choose not to attend the charter school 6 and for current teachers who choose not to teach in the 7 charter school after conversion in accordance with the 8 existing collective bargaining agreement or school board 9 policy in the absence of a collective bargaining agreement. 10 However, alternative arrangements shall not be required for 11 current teachers who choose not to teach in a developmental 12 research school to which a charter has been issued pursuant to 13 paragraph (4)(e), except as authorized by the employment 14 policies of the state university which grants the charter to 15 the developmental research school. 16 (b) A charter may be renewed every 5 school years, 17 provided that a program review demonstrates that the criteria 18 in paragraph (a) have been successfully accomplished and that 19 none of the grounds for nonrenewal established by paragraph 20 (10)(a) have been documented. In order to facilitate long-term 21 financing for charter school construction, charter schools 22 operating for a minimum of 2 years and demonstrating exemplary 23 academic programming and fiscal management are eligible for a 24 15-year charter renewal. Such long-term charter is subject to 25 annual review and may be terminated during the term of the 26 charter. 27 (c) A charter may be modified during its initial term 28 or any renewal term upon the recommendation of the sponsor or 29 the charter school governing board and the approval of both 30 parties to the agreement. 31 (d) The governing body of the charter school shall 20 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 1 exercise continuing oversight over charter school operations 2 and make annual progress reports to its sponsor, which upon 3 verification shall be forwarded to the Commissioner of 4 Education at the same time as other annual school 5 accountability reports. The report shall contain at least the 6 following information: 7 1. The charter school's progress towards achieving the 8 goals outlined in its charter. 9 2. The information required in the annual school 10 report pursuant to s. 229.592. 11 3. Financial records of the charter school, including 12 revenues and expenditures. 13 4. Salary and benefit levels of charter school 14 employees. 15 (e) A sponsor shall ensure that the charter is 16 innovative and consistent with the state education goals 17 established by s. 229.591. 18 (f) Upon receipt of the annual report required by 19 paragraph (d), the Department of Education shall provide to 20 the State Board of Education, the Commissioner of Education, 21 the President of the Senate, and the Speaker of the House of 22 Representatives an analysis and comparison of the overall 23 performance of charter school students, to include all 24 students whose scores are counted as part of the state 25 assessment program, versus comparable public school students 26 in the district as determined by the state assessment program 27 currently administered in the school district, and, as 28 appropriate, the Florida Writes Assessment Test, the High 29 School Competency Test, and other assessments administered 30 pursuant to s. 229.57(3). 31 (g) Whenever a municipality has submitted charter 21 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 1 applications for the establishment of a charter school feeder 2 pattern (elementary, middle, and senior high schools), and 3 upon approval of each individual charter application by the 4 district school board, such applications will then be 5 designated as one charter for all purposes listed pursuant to 6 this section. 7 (11)(10) CAUSES FOR NONRENEWAL OR TERMINATION.-- 8 (a) At the end of the term of a charter, the sponsor 9 may choose not to renew the charter for any of the following 10 grounds: 11 1. Failure to meet the requirements for student 12 performance stated in the charter. 13 2. Failure to meet generally accepted standards of 14 fiscal management. 15 3. Violation of law. 16 4. Other good cause shown. 17 (b) During the term of a charter, the sponsor may 18 terminate the charter for any of the grounds listed in 19 paragraph (a). 20 (c) At least 90 days prior to renewing or terminating 21 a charter, the sponsor shall notify the governing body of the 22 school of the proposed action in writing. The notice shall 23 state in reasonable detail the grounds for the proposed action 24 and stipulate that the school's governing body may, within 14 25 calendar days after receiving the notice, request an informal 26 hearing before the sponsor. The sponsor shall conduct the 27 informal hearing within 30 calendar days after receiving a 28 written request. The charter school's governing body may, 29 within 14 calendar days after receiving the sponsor's decision 30 to terminate or refuse to renew the charter, appeal the 31 decision pursuant to the procedure established in subsection 22 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 1 (4). 2 (d) A charter may be terminated immediately if the 3 sponsor determines that good cause has been shown or if the 4 health, safety, or welfare of the students is threatened. The 5 school district in which the charter school is located shall 6 assume operation of the school under these circumstances. The 7 charter school's governing board may, within 14 days after 8 receiving the sponsor's decision to terminate the charter, 9 appeal the decision pursuant to the procedure established in 10 subsection (4). 11 (e) When a charter is not renewed or is terminated, 12 the school shall be dissolved under the provisions of law 13 under which the school was organized, and any unencumbered 14 public funds from the charter school shall revert to the 15 district school board. In the event a charter school is 16 dissolved or is otherwise terminated, all district school 17 board property and improvements, furnishings, and equipment 18 purchased with public funds shall automatically revert to full 19 ownership by the district school board, subject to complete 20 satisfaction of any lawful liens or encumbrances. 21 (f) If a charter is not renewed or is terminated, the 22 charter school governing body of the school is responsible for 23 all debts of the charter school. The district may not assume 24 the debt from any contract for services made between the 25 governing body of the school and a third party, except for a 26 debt that is previously detailed and agreed upon in writing by 27 both the district and the governing body of the school and 28 that may not reasonably be assumed to have been satisfied by 29 the district. 30 (g) If a charter is not renewed or is terminated, a 31 student who attended the school may apply to, and shall be 23 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 1 enrolled in, another public school. Normal application 2 deadlines shall be disregarded under such circumstances. 3 (12)(11) EXEMPTION FROM STATUTES.--A charter school 4 shall operate in accordance with its charter and shall be 5 exempt from all statutes of the Florida School Code, except 6 those specifically applying to charter schools; those 7 pertaining to the provision of services to students with 8 disabilities; those pertaining to civil rights, including s. 9 228.2001, relating to discrimination; and those pertaining to 10 student health, safety, and welfare; or as otherwise required 11 by this section. A charter school shall not be exempt from the 12 following statutes: chapter 119, relating to public records, 13 and s. 286.011, relating to public meetings and records, 14 public inspection, and penalties. The charter school's 15 governing board sponsor, upon request of a charter school, may 16 apply to the Commissioner of Education for a waiver of 17 provisions of chapters 230-239 which are applicable to charter 18 schools under this section, except that the provisions of 19 chapter 236 or chapter 237 shall not be eligible for waiver if 20 the waiver would affect funding allocations or create inequity 21 in public school funding. The Commissioner of Education must 22 confirm receipt of a waiver request from a charter school by 23 providing a copy of the request to the sponsor. The 24 commissioner may grant the waiver if necessary to implement 25 the school program and shall provide notice of the final 26 dispensation of the waiver request to the charter school 27 governing board and the charter school's sponsor. 28 (13)(12) EMPLOYEES OF CHARTER SCHOOLS.-- 29 (a) A charter school shall select its own employees. A 30 charter school may contract with its sponsor for the services 31 of personnel employed by the sponsor. 24 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 1 (b) Charter school employees shall have the option to 2 bargain collectively. Employees may collectively bargain as a 3 separate unit or as part of the existing district collective 4 bargaining unit as determined by the structure of the charter 5 school. 6 (c) The employees of a conversion charter school shall 7 remain public employees for all purposes, unless such 8 employees choose not to do so. 9 (d) The teachers at a charter school may choose to be 10 part of a professional group that subcontracts with the 11 charter school to operate the instructional program under the 12 auspices of a partnership or cooperative that they 13 collectively own. Under this arrangement, the teachers would 14 not be public employees. 15 (e) Employees of a school district may take leave to 16 accept employment in a charter school upon the approval of the 17 district school board. While employed by the charter school 18 and on leave that is approved by the school board, the 19 employee may retain seniority accrued in that school district 20 and may continue to be covered by the benefit programs of that 21 school district, if the charter school and the district school 22 board agree to this arrangement and its financing. School 23 districts shall not require resignations of teachers desiring 24 to teach in a charter school. This paragraph shall not 25 prohibit a school board from approving alternative leave 26 arrangements consistent with chapter 231. 27 (f) Teachers employed by or under contract to a 28 charter school shall be certified as required by chapter 231. 29 A charter school governing board may employ or contract with 30 skilled selected noncertified personnel to provide 31 instructional services or to assist instructional staff 25 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 1 members as education paraprofessionals in the same manner as 2 defined in chapter 231, and as provided by State Board of 3 Education rule for charter school governing boards. A charter 4 school may not knowingly employ an individual to provide 5 instructional services or to serve as an education 6 paraprofessional if the individual's certification or 7 licensure as an educator is suspended or revoked by this or 8 any other state. A charter school may not knowingly employ an 9 individual who has resigned from a school district in lieu of 10 disciplinary action with respect to child welfare or safety, 11 or who has been dismissed for just cause by any school 12 district with respect to child welfare or safety. The 13 qualifications of teachers shall be disclosed to parents. 14 (g) A charter school shall employ or contract with 15 employees who have been fingerprinted as provided in s. 16 231.02. Members of the governing board of the charter school 17 shall also be fingerprinted in a manner similar to that 18 provided in s. 231.02. 19 (14)(13) REVENUE.--Students enrolled in a charter 20 school, regardless of the sponsorship, shall be funded as if 21 they are in a basic program or a special program, the same as 22 students enrolled in other public schools in the school 23 district. Funding for a chartered developmental research 24 school shall be as provided in s. 228.053(9). 25 (a) Each charter school shall report its student 26 enrollment to the district school board as required in s. 27 236.081, and in accordance with the definitions in s. 236.013. 28 The district school board shall include each charter school's 29 enrollment in the district's report of student enrollment. All 30 charter schools submitting student record information required 31 by the Department of Education shall comply with the 26 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 1 department's guidelines for electronic data formats for such 2 data, and all districts shall accept electronic data that 3 complies with the department's electronic format. 4 (b) The basis for the agreement for funding students 5 enrolled in a charter school shall be the sum of the school 6 district's operating funds from the Florida Education Finance 7 Program as provided in s. 236.081 and the General 8 Appropriations Act, including gross state and local funds, 9 discretionary lottery funds, and funds from the school 10 district's current operating discretionary millage levy; 11 divided by total funded weighted full-time equivalent students 12 in the school district; multiplied by the weighted full-time 13 equivalent students for the charter school. Charter schools 14 whose students or programs meet the eligibility criteria in 15 law shall be entitled to their proportionate share of 16 categorical program funds included in the total funds 17 available in the Florida Education Finance Program by the 18 Legislature, including transportation. Total funding for each 19 charter school will be recalculated during the year to reflect 20 the revised calculations under the Florida Education Finance 21 Program by the state and the actual weighted full-time 22 equivalent students reported by the charter school during the 23 full-time equivalent student survey periods designated by the 24 Commissioner of Education. 25 (c) Transportation of charter school students shall be 26 provided by the charter school consistent with the 27 requirements of chapter 234. The governing body of the charter 28 school may provide transportation through an agreement or 29 contract with the district school board, a private provider, 30 or parents. The charter school and the sponsor shall cooperate 31 in making arrangements that ensure that transportation is not 27 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 1 a barrier to equal access for all students residing within a 2 reasonable distance of the charter school as determined in its 3 charter. 4 (d) If the district school board is providing programs 5 or services to students funded by federal funds, any eligible 6 students enrolled in charter schools in the school district 7 shall be provided federal funds for the same level of service 8 provided students in the schools operated by the district 9 school board. Pursuant to provisions of 20 U.S.C. 8061 s. 10 10306, all charter schools shall receive all federal funding 11 for which the school is otherwise eligible, including Title I 12 funding, not later than 5 months after the charter school 13 first opens and within 5 months after any subsequent expansion 14 of enrollment. 15 (e) Any administrative fee charged by the school 16 district relating to a charter school shall be limited to 5 17 percent of the available funds as defined in paragraph (b) not 18 including capital outlay funds, federal and state grants, or 19 any other funds unless explicitly provided by law. The sponsor 20 shall provide certain administrative and educational services 21 to charter schools at no additional fee. These services shall 22 include contract management services, FTE and data reporting, 23 exceptional student education administration, test 24 administration, processing of teacher certificate data, and 25 information services. 26 (f) School boards shall make every effort to ensure 27 that charter schools receive timely and efficient 28 reimbursement, including processing paperwork required to 29 access special state and federal funding for which they may be 30 eligible. The district school board may distribute funds to a 31 charter school for up to 3 months based on the projected 28 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 1 full-time equivalent student membership of the charter school. 2 Thereafter, the results of full-time equivalent student 3 membership surveys must be used in adjusting the amount of 4 funds distributed monthly to the charter school for the 5 remainder of the fiscal year. The payment shall be issued no 6 later than 10 working days after the district school board 7 receives a distribution of state or federal funds. If a 8 warrant for payment is not issued within 30 working days after 9 receipt of funding by the district school board, the school 10 district shall pay to the charter school, in addition to the 11 amount of the scheduled disbursement, interest at a rate of 1 12 percent per month calculated on a daily basis on the unpaid 13 balance from the expiration of the 30-day period until such 14 time as the warrant is issued. 15 (g) If a district school board facility or property is 16 available because it is surplus, marked for disposal, or 17 otherwise unused, it shall be provided for a charter school's 18 use on the same basis as it is made available to other public 19 schools in the district. A charter school receiving property 20 from the school district may not sell or dispose of such 21 property without written permission of the school district. 22 Similarly, for an existing public school converting to charter 23 status, no rental or leasing fee for the existing facility or 24 for the property normally inventoried to the conversion school 25 may be charged by the district school board to the parents and 26 teachers organizing the charter school. The charter 27 organizers shall agree to reasonable maintenance provisions in 28 order to maintain the facility in a manner similar to district 29 school board standards. The Public Education Capital Outlay 30 maintenance funds or any other maintenance funds generated by 31 the facility operated as a conversion school shall remain with 29 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 1 the conversion school. 2 (h) If other goods and services are made available to 3 the charter school through the contract with the school 4 district, they shall be provided to the charter school at a 5 rate no greater than the district's actual cost. To maximize 6 the use of state funds, school districts shall allow charter 7 schools to participate in the sponsor's bulk purchasing 8 program if applicable. 9 (15)(14) IMMUNITY.--For the purposes of tort 10 liability, the governing body and employees of a charter 11 school shall be governed by s. 768.28. 12 (16)(15) LENGTH OF SCHOOL YEAR.--A charter school 13 shall provide instruction for at least the number of days 14 required by law for other public schools, and may provide 15 instruction for additional days. 16 (17)(16) FACILITIES.-- 17 (a) A charter school shall utilize facilities which 18 comply with the State Uniform Building Code for Public 19 Educational Facilities Construction adopted pursuant to s. 20 235.26 or with applicable state minimum building codes 21 pursuant to chapter 553 and state minimum fire protection 22 codes pursuant to s. 633.025, as adopted by the authority in 23 whose jurisdiction the facility is located. 24 (b) Any facility, or portion thereof, used to house a 25 charter school whose charter has been approved by the sponsor 26 and the governing board, pursuant to subsection (9), shall be 27 exempt from ad valorem taxes pursuant to s. 196.1983. 28 (c) After January 1, 2001, charter school facilities 29 shall utilize facilities which comply with the Florida 30 Building Code, pursuant to chapter 553, and the Florida Fire 31 Prevention Code, pursuant to chapter 633. 30 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 1 (18)(17) INITIAL COSTS.--A sponsor may approve a 2 charter for a charter school before the applicant has secured 3 space, equipment, or personnel, if the applicant indicates 4 approval is necessary for it to raise working capital. 5 (19)(18) INFORMATION.--The Department of Education 6 shall provide information to the public, directly and through 7 sponsors, both on how to form and operate a charter school and 8 on how to enroll in charter schools once they are created. 9 This information shall include a standard application format 10 which shall include the information specified in subsection 11 (9). This application format may be used by chartering 12 entities. 13 (20)(19) GENERAL AUTHORITY.--A charter school shall 14 not levy taxes or issue bonds secured by tax revenues. 15 (21)(20) REVIEW.-- 16 (a) The Department of Education shall regularly 17 convene a Charter School Review Panel in order to review 18 issues, practices, and policies regarding charter schools. The 19 composition of the review panel shall include individuals with 20 experience in finance, administration, law, education, and 21 school governance, and individuals familiar with charter 22 school construction and operation. The panel shall include two 23 appointees each from the Commissioner of Education, the 24 President of the Senate, and the Speaker of the House of 25 Representatives. The Governor shall appoint three members of 26 the panel and shall designate the chair. Each member of the 27 panel shall serve a 1-year term, unless renewed by the office 28 making the appointment. The panel shall make recommendations 29 to the Legislature, to the Department of Education, to charter 30 schools, and to school districts for improving charter school 31 operations and oversight and for ensuring best business 31 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 1 practices at and fair business relationships with charter 2 schools. 3 (b) The Legislature shall review the operation of 4 charter schools during the 2005 Regular Session of the 5 Legislature. 6 (22)(21) RULEMAKING.--The Department of Education, 7 after consultation with school districts and charter school 8 directors, shall recommend that the State Board of Education 9 adopt rules to implement specific subsections of this section. 10 Such rules shall require minimum paperwork and shall not limit 11 charter school flexibility authorized by statute. 12 (23)(22) CHARTER SCHOOLS-IN-THE-WORKPLACE, CHARTER 13 SCHOOLS-IN-A-DEVELOPMENT, AND CHARTER SCHOOLS 14 IN-A-MUNICIPALITY.-- 15 (a) In order to increase business partnerships in 16 education, to reduce school and classroom overcrowding 17 throughout the state, to encourage developers of residential 18 and other projects to provide school infrastructure concurrent 19 with school impacts, to promote and encourage local 20 communities to participate in and advance the cause of 21 neighborhood schools, and to offset the high costs for 22 educational facilities construction, the Legislature intends 23 to encourage the formation of business partnership schools or 24 satellite learning centers through charter school status. 25 (b) A charter school-in-the-workplace may be 26 established when a business partner provides the school 27 facility to be used; enrolls students based upon a random 28 lottery which involves all of the children of employees of 29 that business or corporation who are seeking enrollment, as 30 provided for in subsection (6); and enrolls students according 31 to the racial/ethnic balance provisions described in 32 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 1 subparagraph (9)(a)8. Any portion of a facility used for a 2 public charter school shall be exempt from ad valorem taxes, 3 as provided for in s. 235.198, for the duration of its use as 4 a public school. 5 (c) A charter school-in-a-municipality designation may 6 be granted to a municipality that possesses a charter; enrolls 7 students based upon a random lottery that involves all of the 8 children of the residents of that municipality who are seeking 9 enrollment, as provided for in subsection (6); and enrolls 10 students according to the racial/ethnic balance provisions 11 described in subparagraph (9)(a)8. Any portion of the land and 12 facility used for a public charter school shall be exempt from 13 ad valorem taxes, as provided for in s. 235.198, for the 14 duration of its use as a public school. 15 (d) As used in this subsection, the terms "business 16 partner," "employer," "developer," or "municipality" may 17 include more than one business, employer, developer, or 18 municipality to form a charter school-in-the-workplace, 19 charter school-in-a-development, or charter 20 school-in-a-municipality. 21 Section 13. Subsection (1) of section 228.0561, 22 Florida Statutes, is amended to read: 23 228.0561 Charter schools capital outlay funding.-- 24 (1) In each year in which funds are appropriated for 25 charter school capital outlay purposes, the Commissioner of 26 Education shall allocate the funds among eligible charter 27 schools. To be eligible for a funding allocation, a charter 28 school must meet the provisions of subsection (6), must have 29 received final approval from its sponsor pursuant to s. 30 228.056 for operation during that fiscal year, and must serve 31 students in facilities that are not provided by the charter 33 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 1 school's sponsor. Prior to the release of capital outlay 2 funds to a school district on behalf of the charter school, 3 the Department of Education shall ensure that the district 4 school board and the charter school governing board enter into 5 a written agreement that includes provisions for the reversion 6 of any unencumbered funds and all equipment and property 7 purchased with public education funds to the ownership of the 8 district school board, as provided for in subsection (3), in 9 the event that the school terminates operations. Any funds 10 recovered by the state shall be deposited in the General 11 Revenue Fund. A charter school is not eligible for a funding 12 allocation if it was created by the conversion of a public 13 school and operates in facilities provided by the charter 14 school's sponsor for a nominal fee or at no charge or if it is 15 directly or indirectly operated by the school district. Unless 16 otherwise provided in the General Appropriations Act, the 17 funding allocation for each eligible charter school shall be 18 determined by multiplying the school's projected student 19 enrollment by one-fifteenth of the cost-per-student station 20 specified in s. 235.435(6)(b) for an elementary, middle, or 21 high school, as appropriate. If the funds appropriated are 22 not sufficient, the commissioner shall prorate the available 23 funds among eligible charter schools. Funds shall be 24 distributed on the basis of the capital outlay full-time 25 equivalent membership by grade level, which shall be 26 calculated by averaging the results of the second and third 27 enrollment surveys. The Department of Education shall 28 distribute capital outlay funds monthly, beginning in the 29 first quarter of the fiscal year, based on one-twelfth of the 30 amount the department reasonably expects the charter school to 31 receive during that fiscal year. The commissioner shall adjust 34 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 1 subsequent distributions as necessary to reflect each charter 2 school's actual student enrollment as reflected in the second 3 and third enrollment surveys. Sixty percent of the funds shall 4 be distributed after the second enrollment survey, and the 5 balance shall be distributed after the third enrollment 6 survey. The commissioner shall adjust subsequent distributions 7 as necessary to reflect each charter school's actual student 8 enrollment. The commissioner shall establish the intervals and 9 procedures for determining the projected and actual student 10 enrollment of eligible charter schools. 11 Section 14. Paragraph (d) is added to subsection (3) 12 of section 232.425, Florida Statutes, to read: 13 232.425 Student standards for participation in 14 interscholastic extracurricular student activities; 15 regulation.-- 16 (3) 17 (d) An individual charter school student pursuant to 18 s. 228.056 is eligible to participate at the public school to 19 which the student would be assigned according to district 20 school attendance area policies or which the student could 21 choose to attend, pursuant to district or interdistrict 22 controlled open-enrollment provisions, in any interscholastic 23 extracurricular activity of that school, unless such activity 24 is provided by the student's charter school, if the following 25 conditions are met: 26 1. The charter school student must meet the 27 requirements of the charter school education program as 28 determined by the charter school governing board. 29 2. During the period of participation at a school, the 30 charter school student must demonstrate educational progress 31 as required in paragraph (b). 35 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 1 3. The charter school student must meet the same 2 residency requirements as other students in the school at 3 which he or she participates. 4 4. The charter school student must meet the same 5 standards of acceptance, behavior, and performance that are 6 required of other students in extracurricular activities. 7 5. The charter school student must register with the 8 school his or her intent to participate in interscholastic 9 extracurricular activities as a representative of the school 10 before the beginning date of the season for the activity in 11 which he or she wishes to participate. A charter school 12 student must be able to participate in curricular activities 13 if that is a requirement for an extracurricular activity. 14 6. A student who transfers from a charter school 15 program to a traditional public school before or during the 16 first grading period of the school year is academically 17 eligible to participate in interscholastic extracurricular 18 activities during the first grading period if the student has 19 a successful evaluation from the previous school year, 20 pursuant to subparagraph 2. 21 7. Any public school or nonpublic school student who 22 has been unable to maintain academic eligibility for 23 participation in interscholastic extracurricular activities is 24 ineligible to participate in such activities as a charter 25 school student until the student has successfully completed 26 one grading period in a charter school pursuant to 27 subparagraph 2. to become eligible to participate as a charter 28 school student. 29 30 (Redesignate subsequent sections.) 31 36 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 19, line 24, after the second semicolon, 4 5 insert: 6 amending s. 159.27, F.S.; redefining the term 7 "educational facility" for purposes of part II 8 of ch. 159, F.S., the Florida Industrial 9 Development Financing Act, to include charter 10 schools and developmental research schools; 11 amending s. 228.056, F.S.; providing 12 requirements for conversion to charter schools; 13 establishing new purposes for charter schools; 14 prohibiting a sponsor from charging an 15 application fee; removing a school board's 16 ability to refuse to follow the recommendation 17 of the State Board of Education for good cause 18 in cases of charter-school appeals; permitting 19 a charter school to admit students on the basis 20 of artistic, academic, or other standards; 21 revising requirements regarding the capacity of 22 the charter school; granting a charter school's 23 governing board the right to appeal a school 24 board's decision to terminate a charter school; 25 changing the procedure for granting a charter 26 school an exemption from statutory provisions; 27 revising the requirements for the staff of a 28 charter school; revising procedures relating to 29 the administrative fee charged by a school 30 district; revising requirements for a charter 31 school in the workplace; amending s. 228.0561, 37 10:47 AM 05/04/01 h0269c2c-01204
SENATE AMENDMENT Bill No. CS/CS/HB 269, 1st Eng. Amendment No. ___ Barcode 474472 1 F.S.; revising procedures relating to funding 2 for charter-school facilities; amending s. 3 232.425, F.S.; authorizing charter school 4 students to participate at the public school to 5 which the student would be assigned in any 6 interscholastic extracurricular activity of 7 that school; 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 38 10:47 AM 05/04/01 h0269c2c-01204