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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5 ORIGINAL STAMP BELOW
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10 ______________________________________________________________
11 Representative(s) Ritter offered the following:
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13 Amendment (with title amendment)
14 Remove everything after the enacting clause
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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
2
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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
3
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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
4
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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
5
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HOUSE AMENDMENT
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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
6
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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,
7
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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
8
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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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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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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
11
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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
12
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1 district in which the charter school is located. Any eligible
2 student shall be allowed interdistrict transfer to attend a
3 charter school when based on good cause. When a public school
4 converts to charter status, enrollment preference shall be
5 given to students who would have otherwise attended that
6 public school. A charter school may give enrollment preference
7 to a sibling of a student enrolled in the charter school, to
8 the child of a member of the governing board of the charter
9 school, or to the child of an employee of the charter school.
10 (b) The charter school shall enroll an eligible
11 student who submits a timely application, unless the number of
12 applications exceeds the capacity of a program, class, grade
13 level, or building. In such case, all applicants shall have an
14 equal chance of being admitted through a random selection
15 process.
16 (c) A charter school may limit the enrollment process
17 only to target the following student populations:
18 1. Students within specific age groups or grade
19 levels.
20 2. Students considered at risk of dropping out of
21 school or academic failure. Such students shall include
22 exceptional education students.
23 3. Students enrolling in a charter
24 school-in-the-workplace 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
13
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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
14
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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
15
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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.
31
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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
32
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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
33
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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
34
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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.
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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;
36
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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.
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