CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  Representative(s) Ritter offered the following:

12

13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

15

16  and insert:

17         Section 1.  Section 228.056, Florida Statutes, is

18  amended to read:

19         228.056  Charter schools.--

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

21  hereby authorized.  Charter schools shall be part of the

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

23  Florida are fully recognized as public schools. A charter

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

25  existing public school to charter status. A public school may

26  not use the term charter in its name unless it has been

27  approved under this section.

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

29  to accomplish some or all of the following:

30         (a)  Improve student learning.

31         (b)  Increase learning opportunities for all students,

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





  1  with special emphasis on expanded learning experiences for

  2  students who are identified as academically low achieving.

  3         (c)  Encourage the use of different and innovative

  4  learning methods.

  5         (d)  Increase choice of learning opportunities for

  6  students.

  7         (e)  Establish a new form of accountability for

  8  schools.

  9         (f)  Require the measurement of learning outcomes and

10  create innovative measurement tools.

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

12         (h)  Create new professional opportunities for

13  teachers, including the opportunity to own the learning

14  program at the school site.

15         (i)  Provide rigorous competition within the public

16  school district to stimulate continual improvement in all

17  public schools.

18         (j)  Provide additional academic choices for parents

19  and students.

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

21         (3)  APPLICATION; UNLAWFUL REPRISAL.--

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

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

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

25  the laws of this state.

26         2.  The district school board or the principal,

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

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

29  2 years prior to the application to convert, including a

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

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

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





  1  converting the school to a charter school. An application

  2  submitted proposing to convert an existing public school to a

  3  charter school shall demonstrate the support of at least 50

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

  5  of the parents voting whose children are enrolled at the

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

  7  vote participate in the ballot process, according to

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

  9  school board denying an application for a conversion charter

10  school shall provide notice of denial to the applicants in

11  writing within 30 days after the meeting at which the school

12  board denied the application. The notice must specify the

13  exact reasons for denial and must provide documentation

14  supporting those reasons. A private school, parochial school,

15  or home education program shall not be eligible for charter

16  school status.

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

18  employee who has control over personnel actions, shall take

19  unlawful reprisal against another district school board

20  employee because that employee is either directly or

21  indirectly involved with an application to establish a charter

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

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

24  a school system employee against an employee who is directly

25  or indirectly involved in a lawful application to establish a

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

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

28  following: disciplinary or corrective action; adverse transfer

29  or reassignment, whether temporary or permanent; suspension,

30  demotion, or dismissal; an unfavorable performance evaluation;

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

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





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

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

  3  changes in duties or responsibilities that are inconsistent

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

  5  following procedures shall apply to an alleged unlawful

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

  7  or indirect involvement with an application to establish a

  8  charter school:

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

10  subsection, an employee may file a complaint with the

11  Department of Education.

12         2.  Within 3 working days after receiving a complaint

13  under this section, the department shall acknowledge receipt

14  of the complaint and provide copies of the complaint and any

15  other relevant preliminary information available to each of

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

17  each acknowledge receipt of such copies to the complainant.

18         3.  If the department determines that the complaint

19  demonstrates reasonable cause to suspect that an unlawful

20  reprisal has occurred, the department shall conduct an

21  investigation to produce a fact-finding report.

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

23  department shall provide the superintendent of schools of the

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

25  report that may include recommendations to the parties or

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

27  shall be presumed admissible in any subsequent or related

28  administrative or judicial review.

29         5.  If the department determines that reasonable

30  grounds exist to believe that an unlawful reprisal has

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

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





  1  conciliate a complaint within 60 days after receipt of the

  2  fact-finding report, the department shall terminate the

  3  investigation. Upon termination of any investigation, the

  4  department shall notify the complainant and the superintendent

  5  of schools of the termination of the investigation, providing

  6  a summary of relevant facts found during the investigation and

  7  the reasons for terminating the investigation. A written

  8  statement under this paragraph is presumed admissible as

  9  evidence in any judicial or administrative proceeding.

10         6.  The department shall either contract with the

11  Division of Administrative Hearings under s. 120.65, or

12  otherwise provide for a complaint for which the department

13  determines reasonable grounds exist to believe that an

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

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

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

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

18  decision by the department.

19

20  It shall be an affirmative defense to any action brought

21  pursuant to this section that the adverse action was

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

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

24  section.

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

26  it is determined reasonable grounds exist to believe that an

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

28  taken, the relief must include the following:

29         1.  Reinstatement of the employee to the same position

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

31  equivalent position, or payment of reasonable front pay as

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





  1  alternative relief.

  2         2.  Reinstatement of the employee's full fringe

  3  benefits and seniority rights, as appropriate.

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

  5  benefits, or other lost remuneration caused by the unlawful

  6  reprisal.

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

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

  9  prevailing employer if the employee filed a frivolous action

10  in bad faith.

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

12  court of competent jurisdiction.

13         6.  Temporary reinstatement to the employee's former

14  position or to an equivalent position, pending the final

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

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

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

18  personnel action against the employee which includes

19  documentation of the employee's violation of a disciplinary

20  standard or performance deficiency.

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

22  charter school in the county over which the board has

23  jurisdiction.

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

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

26  shall receive and consider charter school applications

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

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

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

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

31  school board may receive applications later than this date if

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





  1  it chooses. A sponsor may not charge an applicant for a

  2  charter any fee for the processing or consideration of an

  3  application, and a sponsor may not base its consideration or

  4  approval of an application upon the promise of future payment

  5  of any kind.

  6         1.  In order to facilitate an accurate budget

  7  projection process, a district school board shall be held

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

  9  projection due to approval of charter school applications

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

11  facilitate an accurate budget projection, within 15 calendar

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

13  school board or other sponsor shall report to the Department

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

15  charter school location, and its projected FTE.

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

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

18  after the application is received, unless the district school

19  board and the applicant mutually agree to temporarily postpone

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

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

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

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

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

25  district school board must, within 10 calendar days,

26  articulate in writing the specific reasons based upon good

27  cause supporting its denial of the charter application.

28         3.  For budget projection purposes, the district school

29  board or other sponsor shall report to the department the

30  approval or denial of a charter application within 10 calendar

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

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





  1  the report to the department must include the final projected

  2  FTE for the approved charter school.

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

  4  startup must commence with the beginning of the public school

  5  calendar for the district in which the charter is granted

  6  unless the district school board allows a waiver of this

  7  provision for good cause.

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

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

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

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

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

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

14  submitted to the state board within 30 calendar days after

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

16  vote accept or reject the decision of the district school

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

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

19  reject an appeal submission for failure to comply with

20  procedural rules governing the appeals process.  The rejection

21  shall describe the submission errors.  The appellant may have

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

23  appeal that meets requirements of rule.  An application for

24  appeal submitted subsequent to such rejection shall be

25  considered timely if the original appeal was filed within 30

26  calendar days after receipt of notice of the specific reasons

27  for the school board's denial of the charter application. The

28  state board shall remand the application to the district

29  school board with its written recommendation that the district

30  board approve or deny the application consistent with the

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

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





  1  Education is not subject to the provisions of the

  2  Administrative Procedure Act, chapter 120.

  3         (c)  The district school board must act upon the

  4  recommendation of the State Board of Education within 30

  5  calendar days after it is received. The district board may

  6  fail to act in accordance with the recommendation of the state

  7  board only for good cause. Good cause for failing to act in

  8  accordance with the state board's recommendation arises only

  9  if the district school board determines by competent

10  substantial evidence that approving the state board's

11  recommendation would be contrary to law or contrary to the

12  best interests of the pupils or the community. The district

13  school board must articulate in written findings the specific

14  reasons based upon good cause supporting its failure to act in

15  accordance with the state board's recommendation. The district

16  board's action on the state board's recommendation is a final

17  action subject to judicial review.

18         (d)  The Department of Education may provide technical

19  assistance to an applicant upon written request.

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

21  may grant a charter to a developmental research school created

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

23  university must consult with the district school board of the

24  county in which the developmental research school is located.

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

26  the procedure established in this subsection.

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

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

29  applicant in a written contractual agreement, called a

30  charter. The sponsor shall not impose unreasonable rules or

31  regulations that violate the intent of giving charter schools

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





  1  greater flexibility to meet educational goals. The applicant

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

  3  the provisions of the charter.  The Department of Education

  4  shall provide mediation services for any dispute regarding

  5  this section subsequent to the approval of a charter

  6  application and for any dispute relating to the approved

  7  charter, except disputes regarding charter school application

  8  denials.  If the Commissioner of Education determines that the

  9  dispute cannot be settled through mediation, the dispute may

10  be appealed to an administrative law judge appointed by the

11  Division of Administrative Hearings.  The administrative law

12  judge may rule on issues of equitable treatment of the charter

13  school as a public school, whether proposed provisions of the

14  charter violate the intended flexibility granted charter

15  schools by statute, or on any other matter regarding this

16  section except a charter school application denial, and shall

17  award the prevailing party reasonable attorney's fees and

18  costs incurred to be paid by the losing party. The costs of

19  the administrative hearing shall be paid by the party whom the

20  administrative law judge rules against.

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

22  school in its progress towards the goals established in the

23  charter.

24         (h)  The sponsor shall monitor the revenues and

25  expenditures of the charter school.

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

27  sponsor's policies.

28         (5)  ACCOUNTABILITY.--

29         (a)  Pupil performance.--A charter school must design

30  its academic programs to meet or exceed the outcomes set by

31  the Commissioner of Education for public school students as

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





  1  outlined in the Sunshine State Standards. The expected

  2  outcomes must be outlined in each school's charter.

  3         (b)  Annual reports.--

  4         1.  By July 15 of each year that a charter school is in

  5  operation, the charter school must submit to its sponsor a

  6  written report that details the levels of achievement of its

  7  students during the preceding school year in comparison to the

  8  aspirational levels set out in that school's charter.

  9         2.  By July 15 of each year that a charter school is in

10  operation, the charter school must submit a written report

11  that details its income and expenditures for the preceding

12  school year.

13         3.  Each charter school must annually report data on

14  the FCAT scores of its students to the district school board

15  in the county where the charter school is located.

16         (c)  Personnel.--

17         1.  Each teacher employed by the charter school must

18  have at least a 4-year degree. A teacher who is not certified

19  may teach in a charter school, but he or she must be

20  supervised by a certified teacher who will evaluate in writing

21  the noncertified teacher's ability to teach the subject

22  matter. The sponsor shall use the evaluation in deciding

23  whether to continue employing the noncertified teacher for the

24  following year. A noncertified teacher must also take at least

25  3 credit hours per semester of education credits in the area

26  in which he or she is to teach.

27         2.  All school personnel must be fingerprinted and must

28  undergo a background check in compliance with s. 231.17 before

29  they may be employed by the charter school.

30         (6)(5)  CHARTER SCHOOL COOPERATIVES.--Charter schools

31  may enter into cooperative agreements to form charter school

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





  1  cooperative organizations that may provide the following

  2  services: charter school planning and development, direct

  3  instructional services, contracts with charter school

  4  governing boards to provide personnel administrative services,

  5  payroll services, human resource management, evaluation and

  6  assessment services, teacher preparation, and professional

  7  development.

  8         (7)(6)  NUMBER OF SCHOOLS.--

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

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

11  100,000 or more students, no more than 20 in each school

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

13  12 in each school district with fewer than 50,000 students.

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

15  charter school shall not be counted towards the limit

16  established by paragraph (a).

17

18  Notwithstanding any limit established by this subsection, a

19  district school board or a charter school applicant shall have

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

21  charter schools authorized to be established within the

22  district from the State Board of Education.

23         (8)(7)  ELIGIBLE STUDENTS.--

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

25  covered in an interdistrict agreement or residing in the

26  school district in which the charter school is located;

27  however, in the case of a developmental research school

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

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

30  any student eligible to attend the developmental research

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

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





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

  2  student shall be allowed interdistrict transfer to attend a

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

  4  converts to charter status, enrollment preference shall be

  5  given to students who would have otherwise attended that

  6  public school. A charter school may give enrollment preference

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

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

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

10         (b)  The charter school shall enroll an eligible

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

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

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

14  equal chance of being admitted through a random selection

15  process.

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

17  only to target the following student populations:

18         1.  Students within specific age groups or grade

19  levels.

20         2.  Students considered at risk of dropping out of

21  school or academic failure. Such students shall include

22  exceptional education students.

23         3.  Students enrolling in a charter

24  school-in-the-workplace or charter school-in-a-municipality

25  established pursuant to subsection (24) (22).

26         4.  Students residing within a reasonable distance of

27  the charter school, as described in paragraph (15)(c) (13)(c).

28  Such students shall be subject to a random lottery and to the

29  racial/ethnic balance provisions described in subparagraph

30  (11)(a)8. (9)(a)8. or any federal provisions which require a

31  school to achieve a racial/ethnic balance reflective of the

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





  1  community it serves or within the racial/ethnic range of other

  2  public schools in the same school district.

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

  4  other eligibility standards established by the charter school

  5  and included in the charter school application and charter or,

  6  in the case of existing charter schools, standards that are

  7  consistent with the school's mission and purpose. Such

  8  standards must be in accordance with current state law and

  9  practice in public schools and may not discriminate against

10  otherwise qualified individuals.

11         6.  Students articulating from one charter school to

12  another pursuant to an articulation agreement between the

13  charter schools which has been approved by the sponsor.

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

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

16  school board policy.

17         (e)  Students with handicapping conditions and students

18  served in English for Speakers of Other Languages programs

19  shall have an equal opportunity of being selected for

20  enrollment in a charter school.

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

22  determined annually by the governing board, in conjunction

23  with the sponsor, of the charter school in consideration of

24  the factors identified in this subsection.

25         (9)(8)  LEGAL ENTITY.--A charter school shall organize

26  as, or be operated by, a nonprofit organization. A charter

27  school may be operated by a municipality or other public

28  entity as provided for by law. As such, the charter school may

29  be either a private or a public employer.  As a public

30  employer, a charter school may participate in the Florida

31  Retirement System upon application and approval as a "covered

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





  1  group" under s. 121.021(34). If a charter school participates

  2  in the Florida Retirement System, the charter school employees

  3  shall be compulsory members of the Florida Retirement System.

  4  As either a private or a public employer, a charter school may

  5  contract for services with an individual or group of

  6  individuals who are organized as a partnership or a

  7  cooperative. Individuals or groups of individuals who contract

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

  9         (10)(9)  REQUIREMENTS.--

10         (a)  A charter school shall be nonsectarian in its

11  programs, admission policies, employment practices, and

12  operations.

13         (b)  A charter school shall admit students as provided

14  in subsection (8) (6).

15         (c)  A charter school shall be accountable to its

16  sponsor for performance as provided in subsection (11) (9).

17         (d)  A charter school shall not charge tuition or fees,

18  except those fees normally charged by other public schools.

19  However, a developmental research school to which a charter

20  has been issued pursuant to paragraph (4)(e) may charge a

21  student activity and service fee as authorized by s.

22  228.053(5).

23         (e)  A charter school shall meet all applicable state

24  and local health, safety, and civil rights requirements.

25         (f)  A charter school shall not violate the

26  antidiscrimination provisions of s. 228.2001.

27         (g)  A charter school shall provide for an annual

28  financial audit in accordance with s. 218.39.

29         (h)  No organization shall hold more than 15 charters

30  statewide.

31         (i)  In order to provide financial information that is

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





  1  comparable to that reported for other public schools, charter

  2  schools are to maintain all financial records which constitute

  3  their accounting system:

  4         1.  In accordance with the accounts and codes

  5  prescribed in the most recent issuance of the publication

  6  titled "Financial and Program Cost Accounting and Reporting

  7  for Florida Schools"; or

  8         2.  At the discretion of the charter school governing

  9  board, a charter school may elect to follow generally accepted

10  accounting standards for not-for-profit organizations, but

11  must reformat this information for reporting according to this

12  paragraph.

13

14  Charter schools are to provide annual financial report and

15  program cost report information in the state-required formats

16  for inclusion in district reporting in compliance with s.

17  236.02(1). Charter schools which are operated by a

18  municipality or are a component unit of a parent nonprofit

19  organization may use the accounting system of the municipality

20  or the parent, but must reformat this information for

21  reporting according to this paragraph.

22         (j)  The governing board of the charter school shall

23  annually adopt and maintain an operating budget.

24         (11)(10)  CHARTER.--The major issues involving the

25  operation of a charter school shall be considered in advance

26  and written into the charter. The charter shall be signed by

27  the governing body of the charter school and the sponsor,

28  following a public hearing to ensure community input.

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

30  approval of the charter shall be based on:

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

                                  16

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





  1  and the ages and grades to be included.

  2         2.  The focus of the curriculum, the instructional

  3  methods to be used, any distinctive instructional techniques

  4  to be employed, and identification and acquisition of

  5  appropriate technologies needed to improve educational and

  6  administrative performance. This must include a means for

  7  promoting safe, ethical, and appropriate uses of technology

  8  which comply with legal and professional standards.

  9         3.  The current incoming baseline standard of student

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

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

12  include a detailed description for each of the following:

13         a.  How the baseline student academic achievement

14  levels and prior rates of academic progress will be

15  established.

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

17  of academic progress achieved by these same students while

18  attending the charter school.

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

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

21  closely comparable student populations.

22         d.  The district school board is required to provide

23  academic student performance data to charter schools for each

24  of their students coming from the district school system, as

25  well as rates of academic progress of comparable student

26  populations in the district school system.

27         4.  The methods used to identify the educational

28  strengths and needs of students and how well educational goals

29  and performance standards are met by students attending the

30  charter school. Included in the methods is a means for

31  ensuring accountability to its constituents by analyzing

                                  17

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





  1  student performance data and by evaluating the effectiveness

  2  and efficiency of its major educational programs.  Students in

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

  4  statewide assessment program.

  5         5.  In secondary charter schools, a method for

  6  determining that a student has satisfied the requirements for

  7  graduation in s. 232.246.

  8         6.  A method for resolving conflicts between the

  9  governing body of the charter school and the sponsor.

10         7.  The admissions procedures and dismissal procedures,

11  including the school's code of student conduct.

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

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

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

15  same school district.

16         9.  The financial and administrative management of the

17  school, including a reasonable demonstration of the

18  professional experience or competence of those individuals or

19  organizations applying to operate the charter school or those

20  hired or retained to perform such professional services and

21  the description of clearly delineated responsibilities and the

22  policies and practices needed to effectively manage the

23  charter school. A description of internal audit procedures and

24  establishment of controls to ensure that financial resources

25  are properly managed must be included. Both public sector and

26  private sector professional experience shall be equally valid

27  in such a consideration.

28         10.  A description of procedures that identify various

29  risks and provide for a comprehensive approach to reduce the

30  impact of losses; plans to ensure the safety and security of

31  students and staff; plans to identify, minimize, and protect

                                  18

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





  1  others from violent or disruptive student behavior; and the

  2  manner in which the school will be insured, including whether

  3  or not the school will be required to have liability

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

  5  the amounts of coverage.

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

  7  cancellation of the charter if insufficient progress has been

  8  made in attaining the student achievement objectives of the

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

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

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

12  facilitate access to long-term financial resources for charter

13  school construction, charter schools that are operated by a

14  municipality or other public entity as provided by law are

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

16  the local school board. A developmental research school is

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

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

19  to facilitate access to long-term financial resources for

20  charter school construction, charter schools that are operated

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

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

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

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

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

26  the provisions set forth in subsection (12) (10).

27         12.  The facilities to be used and their location.

28         13.  The qualifications to be required of the teachers

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

30  retain qualified staff to achieve best value.

31         14.  The governance structure of the school, including

                                  19

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





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

  2  employer as required in subsection (9) (7).

  3         15.  A timetable for implementing the charter which

  4  addresses the implementation of each element thereof and the

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

  6  this timetable.

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

  8  converted to charter status, alternative arrangements for

  9  current students who choose not to attend the charter school

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

11  charter school after conversion in accordance with the

12  existing collective bargaining agreement or school board

13  policy in the absence of a collective bargaining agreement.

14  However, alternative arrangements shall not be required for

15  current teachers who choose not to teach in a developmental

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

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

18  policies of the state university which grants the charter to

19  the developmental research school.

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

21  provided that a program review demonstrates that the criteria

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

23  none of the grounds for nonrenewal established by paragraph

24  (12)(a) (10)(a) have been documented. In order to facilitate

25  long-term financing for charter school construction, charter

26  schools operating for a minimum of 2 years and demonstrating

27  exemplary academic programming and fiscal management are

28  eligible for a 15-year charter renewal. Such long-term charter

29  is subject to annual review and may be terminated during the

30  term of the charter.

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

                                  20

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





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

  2  the charter school governing board and the approval of both

  3  parties to the agreement.

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

  5  exercise continuing oversight over charter school operations

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

  7  verification shall be forwarded to the Commissioner of

  8  Education at the same time as other annual school

  9  accountability reports.  The report shall contain at least the

10  following information:

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

12  goals outlined in its charter.

13         2.  The information required in the annual school

14  report pursuant to s. 229.592.

15         3.  Financial records of the charter school, including

16  revenues and expenditures.

17         4.  Salary and benefit levels of charter school

18  employees.

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

20  innovative and consistent with the state education goals

21  established by s. 229.591.

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

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

24  the State Board of Education, the Commissioner of Education,

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

26  Representatives an analysis and comparison of the overall

27  performance of charter school students, to include all

28  students whose scores are counted as part of the state

29  assessment program, versus comparable public school students

30  in the district as determined by the state assessment program

31  currently administered in the school district, and, as

                                  21

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





  1  appropriate, the Florida Writes Assessment Test, the High

  2  School Competency Test, and other assessments administered

  3  pursuant to s. 229.57(3).

  4         (g)  Whenever a municipality has submitted charter

  5  applications for the establishment of a charter school feeder

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

  7  upon approval of each individual charter application by the

  8  district school board, such applications will then be

  9  designated as one charter for all purposes listed pursuant to

10  this section.

11         (12)(11)  CAUSES FOR NONRENEWAL OR TERMINATION.--

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

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

14  grounds:

15         1.  Failure to meet the requirements for student

16  performance stated in the charter.

17         2.  Failure to meet generally accepted standards of

18  fiscal management.

19         3.  Violation of law.

20         4.  Other good cause shown.

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

22  terminate the charter for any of the grounds listed in

23  paragraph (a).

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

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

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

27  state in reasonable detail the grounds for the proposed action

28  and stipulate that the school's governing body may, within 15

29  14 calendar days after receiving the notice, request an

30  informal hearing before the sponsor. The sponsor shall conduct

31  the informal hearing within 30 calendar days after receiving a

                                  22

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





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

  2  within 15 14 calendar days after receiving the sponsor's

  3  decision to terminate or refuse to renew the charter, appeal

  4  the decision pursuant to the procedure established in

  5  subsection (4).

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

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

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

  9  school district in which the charter school is located shall

10  assume operation of the school under these circumstances. The

11  charter school's governing board may, within 15 14 days after

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

13  appeal the decision pursuant to the procedure established in

14  subsection (4).

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

16  the school shall be dissolved under the provisions of law

17  under which the school was organized, and any unencumbered

18  public funds from the charter school shall revert to the

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

20  dissolved or is otherwise terminated, all district school

21  board property and improvements, furnishings, and equipment

22  purchased with public funds shall automatically revert to full

23  ownership by the district school board, subject to complete

24  satisfaction of any lawful liens or encumbrances.

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

26  charter school is responsible for all debts of the charter

27  school. The district may not assume the debt from any contract

28  for services made between the governing body of the school and

29  a third party, except for a debt that is previously detailed

30  and agreed upon in writing by both the district and the

31  governing body of the school and that may not reasonably be

                                  23

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





  1  assumed to have been satisfied by the district.

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

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

  4  enrolled in, another public school. Normal application

  5  deadlines shall be disregarded under such circumstances.

  6         (13)(12)  EXEMPTION FROM STATUTES.--A charter school

  7  shall operate in accordance with its charter and shall be

  8  exempt from all statutes of the Florida School Code, except

  9  those specifically applying to charter schools; those

10  pertaining to the provision of services to students with

11  disabilities; those pertaining to civil rights, including s.

12  228.2001, relating to discrimination; and those pertaining to

13  student health, safety, and welfare; or as otherwise required

14  by this section. A charter school shall not be exempt from the

15  following statutes:  chapter 119, relating to public records,

16  and s. 286.011, relating to public meetings and records,

17  public inspection, and penalties. The charter school's

18  governing board may apply to the Commissioner of Education for

19  a waiver of provisions of chapters 230-239 which are

20  applicable to charter schools under this section, except that

21  the provisions of chapter 236 or chapter 237 shall not be

22  eligible for waiver if the waiver would affect funding

23  allocations or create inequity in public school funding. The

24  Commissioner of Education must confirm receipt of a waiver

25  request from a charter school by providing a copy of the

26  request to the sponsor. The commissioner may grant the waiver

27  if necessary to implement the school program and shall provide

28  notice of the final dispensation of the waiver request to the

29  charter school governing board and the charter school's

30  sponsor.

31         (14)(13)  EMPLOYEES OF CHARTER SCHOOLS.--

                                  24

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





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

  2  charter school may contract with its sponsor for the services

  3  of personnel employed by the sponsor.

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

  5  bargain collectively.  Employees may collectively bargain as a

  6  separate unit or as part of the existing district collective

  7  bargaining unit as determined by the structure of the charter

  8  school.

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

10  remain public employees for all purposes, unless such

11  employees choose not to do so.

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

13  part of a professional group that subcontracts with the

14  charter school to operate the instructional program under the

15  auspices of a partnership or cooperative that they

16  collectively own. Under this arrangement, the teachers would

17  not be public employees.

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

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

20  district school board. While employed by the charter school

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

22  employee may retain seniority accrued in that school district

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

24  school district, if the charter school and the district school

25  board agree to this arrangement and its financing. School

26  districts shall not require resignations of teachers desiring

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

28  prohibit a school board from approving alternative leave

29  arrangements consistent with chapter 231.

30         (f)  Except as otherwise provided by law, teachers

31  employed by or under contract to a charter school shall be

                                  25

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





  1  certified as required by chapter 231. A charter school

  2  governing board may employ or contract with skilled selected

  3  noncertified personnel to provide instructional services or to

  4  assist instructional staff members as education

  5  paraprofessionals in the same manner as defined in chapter

  6  231, and as provided by the governing board's rules and

  7  procedures State Board of Education rule for charter school

  8  governing boards. However, all teachers must submit to

  9  background checks and fingerprinting as required by s. 231.17.

10  The charter school governing board must approve employment of

11  noncertified teachers or teachers teaching out of their field

12  of certification. Those teachers must be mentored by a

13  certified teacher who shall evaluate in writing their ability

14  to teach the subject matter in accordance with rules

15  established by the governing board for this purpose. This

16  evaluation shall be submitted to the charter school governing

17  board at the end of the school year and must be considered in

18  any decision regarding employment of the noncertified teacher

19  for the following school year. A charter school may not

20  knowingly employ an individual to provide instructional

21  services or to serve as an education paraprofessional if the

22  individual's certification or licensure as an educator is

23  suspended or revoked by this or any other state. A charter

24  school may not knowingly employ an individual who has resigned

25  from a school district in lieu of disciplinary action with

26  respect to child welfare or safety, or who has been dismissed

27  for just cause by any school district with respect to child

28  welfare or safety. The qualifications of teachers shall be

29  disclosed to parents.

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

31  employees who have been fingerprinted as provided in s.

                                  26

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





  1  231.02. Members of the governing board of the charter school

  2  shall also be fingerprinted in a manner similar to that

  3  provided in s. 231.02.

  4         (15)(14)  REVENUE.--Students enrolled in a charter

  5  school, regardless of the sponsorship, shall be funded as if

  6  they are in a basic program or a special program, the same as

  7  students enrolled in other public schools in the school

  8  district. Funding for a chartered developmental research

  9  school shall be as provided in s. 228.053(9).

10         (a)  Each charter school shall report its student

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

12  236.081, and in accordance with the definitions in s. 236.013.

13  The district school board shall include each charter school's

14  enrollment in the district's report of student enrollment. All

15  charter schools submitting student record information required

16  by the Department of Education shall comply with the

17  department's guidelines for electronic data formats for such

18  data, and all districts shall accept electronic data that

19  complies with the department's electronic format.

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

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

22  district's operating funds from the Florida Education Finance

23  Program as provided in s. 236.081 and the General

24  Appropriations Act, including gross state and local funds,

25  discretionary lottery funds, and funds from the school

26  district's current operating discretionary millage levy;

27  divided by total funded weighted full-time equivalent students

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

29  equivalent students for the charter school.  Charter schools

30  whose students or programs meet the eligibility criteria in

31  law shall be entitled to their proportionate share of

                                  27

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





  1  categorical program funds included in the total funds

  2  available in the Florida Education Finance Program by the

  3  Legislature, including transportation.  Total funding for each

  4  charter school will be recalculated during the year to reflect

  5  the revised calculations under the Florida Education Finance

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

  7  equivalent students reported by the charter school during the

  8  full-time equivalent student survey periods designated by the

  9  Commissioner of Education.

10         (c)  Transportation of charter school students shall be

11  provided by the charter school consistent with the

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

13  school may provide transportation through an agreement or

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

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

16  in making arrangements that ensure that transportation is not

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

18  reasonable distance of the charter school as determined in its

19  charter.

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

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

22  students enrolled in charter schools in the school district

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

24  provided students in the schools operated by the district

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

26  10306, all charter schools shall receive all federal funding

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

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

29  first opens and within 5 months after any subsequent expansion

30  of enrollment.

31         (e)  Any administrative fee charged by the school

                                  28

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





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

  2  percent of the available funds as defined in paragraph (b) not

  3  including capital outlay funds, federal and state grants, or

  4  any other funds unless explicitly provided by law. The sponsor

  5  shall provide certain administrative and educational services

  6  to charter schools at no additional fee. These services shall

  7  include contract management services, FTE and data reporting,

  8  exceptional student education administration, test

  9  administration, processing of teacher certificate data, and

10  information services.

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

12  that charter schools receive timely and efficient

13  reimbursement, including processing paperwork required to

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

15  eligible. The district school board shall may distribute funds

16  to a charter school for up to 3 months based on the projected

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

18  Thereafter, the results of full-time equivalent student

19  membership surveys must be used in adjusting the amount of

20  funds distributed monthly to the charter school for the

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

22  later than 10 working days after the district school board

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

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

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

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

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

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

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

30  time as the warrant is issued.

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

                                  29

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





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

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

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

  4  schools in the district.  A charter school receiving property

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

  6  property without written permission of the school district.

  7  Similarly, for an existing public school converting to charter

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

  9  for the property normally inventoried to the conversion school

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

11  teachers organizing the charter school.  The charter

12  organizers shall agree to reasonable maintenance provisions in

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

14  school board standards. The Public Education Capital Outlay

15  maintenance funds or any other maintenance funds generated by

16  the facility operated as a conversion school shall remain with

17  the conversion school.

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

19  the charter school through the contract with the school

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

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

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

23  schools to participate in the sponsor's bulk purchasing

24  program if applicable.

25         (16)(15)  IMMUNITY.--For the purposes of tort

26  liability, the governing body and employees of a charter

27  school shall be governed by s. 768.28.

28         (17)(16)  LENGTH OF SCHOOL YEAR.--A charter school

29  shall provide instruction for at least the number of days

30  required by law for other public schools, and may provide

31  instruction for additional days.

                                  30

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





  1         (18)(17)  FACILITIES.--

  2         (a)  A charter school shall use utilize facilities that

  3  which comply with the Florida Building Code and the Florida

  4  Fire Prevention Code or with the applicable provisions of the

  5  Florida Building Code, excluding section 423, and the

  6  applicable provisions of the Florida Fire Prevention Code,

  7  excluding section 5 the State Uniform Building Code for Public

  8  Educational Facilities Construction adopted pursuant to s.

  9  235.26 or with applicable state minimum building codes

10  pursuant to chapter 553 and state minimum fire protection

11  codes pursuant to s. 633.025, as adopted by the authority in

12  whose jurisdiction the facility is located.

13         (b)  Any facility, or portion thereof, used to house a

14  charter school whose charter has been approved by the sponsor

15  and the governing board, pursuant to subsection (9), shall be

16  exempt from ad valorem taxes pursuant to s. 196.1983.

17         (c)  Charter school facilities are exempt from

18  assessments of fees for building permits, except as provided

19  in s. 553.80, and from impact fees or service availability

20  fees After January 1, 2001, charter school facilities shall

21  utilize facilities which comply with the Florida Building

22  Code, pursuant to chapter 553, and the Florida Fire Prevention

23  Code, pursuant to chapter 633.

24         (19)(18)  INITIAL COSTS.--A sponsor may approve a

25  charter for a charter school before the applicant has secured

26  space, equipment, or personnel, if the applicant indicates

27  approval is necessary for it to raise working capital.

28         (20)(19)  INFORMATION.--The Department of Education

29  shall provide information to the public, directly and through

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

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

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





  1  This information shall include a standard application format

  2  which shall include the information specified in subsection

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

  4  entities.

  5         (21)(20)  GENERAL AUTHORITY.--A charter school shall

  6  not levy taxes or issue bonds secured by tax revenues.

  7         (22)(21)  REVIEW.--

  8         (a)  The Department of Education shall regularly

  9  convene a Charter School Review Panel in order to review

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

11  composition of the review panel shall include individuals with

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

13  school governance, and individuals familiar with charter

14  school construction and operation. The panel shall include two

15  appointees each from the Commissioner of Education, the

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

17  Representatives. The Governor shall appoint three members of

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

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

20  making the appointment. The panel shall make recommendations

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

22  schools, and to school districts for improving charter school

23  operations and oversight and for ensuring best business

24  practices at and fair business relationships with charter

25  schools.

26         (b)  The Legislature shall review the operation of

27  charter schools during the 2005 Regular Session of the

28  Legislature.

29         (23)(22)  RULEMAKING.--The Department of Education,

30  after consultation with school districts and charter school

31  directors, shall recommend that the State Board of Education

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





  1  adopt rules to implement specific subsections of this section.

  2  Such rules shall require minimum paperwork and shall not limit

  3  charter school flexibility authorized by statute.

  4         (24)(23)  CHARTER SCHOOLS-IN-THE-WORKPLACE, CHARTER

  5  SCHOOLS-IN-A-DEVELOPMENT, AND CHARTER SCHOOLS

  6  IN-A-MUNICIPALITY.--

  7         (a)  In order to increase business partnerships in

  8  education, to reduce school and classroom overcrowding

  9  throughout the state, to encourage developers of residential

10  and other projects to provide school infrastructure concurrent

11  with school impacts, to promote and encourage local

12  communities to participate in and advance the cause of

13  neighborhood schools, and to offset the high costs for

14  educational facilities construction, the Legislature intends

15  to encourage the formation of business partnership schools or

16  satellite learning centers through charter school status.

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

18  established when a business partner provides the school

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

20  lottery which involves all of the children of employees of

21  that business or corporation who are seeking enrollment, as

22  provided for in subsection (8) (6); and enrolls students

23  according to the racial/ethnic balance provisions described in

24  subparagraph (11)(a)8. (9)(a)8. Any portion of a facility used

25  for a public charter school shall be exempt from ad valorem

26  taxes, as provided for in s. 235.198, for the duration of its

27  use as a public school.

28         (c)  A charter school-in-a-municipality designation may

29  be granted to a municipality that possesses a charter; enrolls

30  students based upon a random lottery that involves all of the

31  children of the residents of that municipality who are seeking

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





  1  enrollment, as provided for in subsection (8) (6); and enrolls

  2  students according to the racial/ethnic balance provisions

  3  described in subparagraph (11)(a)8. (9)(a)8. Any portion of

  4  the land and facility used for a public charter school shall

  5  be exempt from ad valorem taxes, as provided for in s.

  6  235.198, for the duration of its use as a public school.

  7         (d)  As used in this subsection, the terms "business

  8  partner," "employer," "developer," or "municipality" may

  9  include more than one business, employer, developer, or

10  municipality to form a charter school-in-the-workplace,

11  charter school-in-a-development, or charter

12  school-in-a-municipality.

13         Section 2.  Subsections (1) and (5) of section

14  228.0561, Florida Statutes, are amended to read:

15         228.0561  Charter schools capital outlay funding.--

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

17  charter school capital outlay purposes, the Commissioner of

18  Education shall allocate the funds among eligible charter

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

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

21  received final approval from its sponsor pursuant to s.

22  228.056 for operation during that fiscal year, and must serve

23  students in facilities that are not provided by the charter

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

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

26  the Department of Education shall ensure that the district

27  school board and the charter school governing board enter into

28  a written agreement that includes provisions for the reversion

29  of any unencumbered funds and all equipment and property

30  purchased with public education funds to the ownership of the

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

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





  1  the event that the school terminates operations.  Any funds

  2  recovered by the state shall be deposited in the General

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

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

  5  school and operates in facilities provided by the charter

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

  7  directly or indirectly operated by the school district. Unless

  8  otherwise provided in the General Appropriations Act, the

  9  funding allocation for each eligible charter school shall be

10  determined by multiplying the school's projected student

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

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

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

14  not sufficient, the commissioner shall prorate the available

15  funds among eligible charter schools. A dedicated funding

16  source, if identified in writing by the Commissioner of

17  Education and submitted along with the annual charter school

18  legislative budget request, may be considered an additional

19  source of funding. Funds shall be distributed on the basis of

20  the capital outlay full-time equivalent membership by grade

21  level, which shall be calculated by averaging the results of

22  the second and third enrollment surveys. The Department of

23  Education shall distribute capital outlay funds monthly,

24  beginning in the first quarter of the fiscal year, based on

25  one-twelfth of the amount the department reasonably expects

26  the charter school to receive during that fiscal year. The

27  commissioner shall adjust subsequent distributions as

28  necessary to reflect each charter school's actual student

29  enrollment as reflected in the second and third enrollment

30  surveys. The commissioner shall establish the intervals and

31  procedures for determining the projected and actual student

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





  1  enrollment of eligible charter schools.

  2         (5)  The annual legislative budget request of the

  3  Department of Education shall include a request for capital

  4  outlay funding for charter schools.  The request shall be

  5  based on the projected number of students to be served in

  6  charter schools who meet the eligibility requirements of this

  7  section. This budget request may also be accompanied by a

  8  written statement from the Commissioner of Education

  9  requesting that a dedicated funding source identified by the

10  commissioner be used to supplement that year's charter school

11  funding.

12         Section 3.  This act shall take effect July 1, 2002.

13

14

15  ================ T I T L E   A M E N D M E N T ===============

16  And the title is amended as follows:

17  remove:  the entire title

18

19  and insert:

20                  A bill to be entitled

21         An act relating to charter schools; amending s.

22         228.056, F.S.; limiting the number of purposes

23         a charter school must accomplish; delineating

24         accountability standards for charter schools;

25         extending a district school board's time for

26         responding and filing an appeal from a

27         sponsor's decision to terminate a charter;

28         requiring that noncertified teachers or

29         instructors who are teaching out of their

30         respective fields be supervised by a certified

31         teacher for a specified period of time;

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                                                   HOUSE AMENDMENT

    585-181AX-38                               Bill No. CS/HB 1665

    Amendment No. ___ (for drafter's use only)





  1         requiring district school boards to distribute

  2         funds to schools when available; requiring

  3         compliance with the Florida Building Code and

  4         the Florida Fire Prevention Code or with the

  5         applicable provisions thereof; exempting

  6         charter schools from impact and service

  7         availability fees; amending s. 228.0561, F.S.,

  8         relating to charter school capital outlay

  9         funding; allowing the Commissioner of Education

10         to identify an additional funding source that

11         may be considered by the Legislature in

12         allocating funding in a given year; providing

13         an effective date.

14

15

16

17

18

19

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21

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