House Bill hb1665e2
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CS/HB 1665, Second Engrossed
1 A bill to be entitled
2 An act relating to charter schools; amending s.
3 228.056, F.S.; limiting the number of purposes
4 a charter school must accomplish; revising
5 provisions relating to conversion charter
6 schools; providing for development of a charter
7 by a conversion committee; delineating
8 accountability standards for charter schools;
9 extending a district school board's time for
10 responding and filing an appeal from a
11 sponsor's decision to terminate a charter;
12 requiring that noncertified teachers or
13 instructors who are teaching out of their
14 respective fields be supervised by a certified
15 teacher for a specified period of time;
16 requiring district school boards to distribute
17 funds to schools when available; requiring
18 compliance with the Florida Building Code and
19 the Florida Fire Prevention Code or with the
20 applicable provisions thereof; exempting
21 charter schools from impact and service
22 availability fees; providing that a charter
23 school to be newly constructed shall be a
24 public educational facility for purposes of
25 site plan review; amending s. 228.0561, F.S.,
26 relating to charter school capital outlay
27 funding; allowing the Commissioner of Education
28 to identify an additional funding source that
29 may be considered by the Legislature in
30 allocating funding in a given year; amending s.
31 235.193, F.S.; providing that a proposed
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1 charter school shall be considered a public
2 educational facility with respect to site plan
3 review; providing an effective date.
4
5 Be It Enacted by the Legislature of the State of Florida:
6
7 Section 1. Section 228.056, Florida Statutes, is
8 amended to read:
9 228.056 Charter schools.--
10 (1) AUTHORIZATION.--The creation of charter schools is
11 hereby authorized. Charter schools shall be part of the
12 state's program of public education. All charter schools in
13 Florida are fully recognized as public schools. A charter
14 school may be formed by creating a new school or converting an
15 existing public school to charter status. A public school may
16 not use the term charter in its name unless it has been
17 approved under this section.
18 (2) PURPOSE.--The purpose of charter schools shall be
19 to accomplish some or all of the following:
20 (a) Improve student learning.
21 (b) Increase learning opportunities for all students,
22 with special emphasis on expanded learning experiences for
23 students who are identified as academically low achieving.
24 (c) Encourage the use of different and innovative
25 learning methods.
26 (d) Increase choice of learning opportunities for
27 students.
28 (e) Establish a new form of accountability for
29 schools.
30 (f) Require the measurement of learning outcomes and
31 create innovative measurement tools.
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1 (g) Make the school the unit for improvement.
2 (h) Create new professional opportunities for
3 teachers, including the opportunity to own the learning
4 program at the school site.
5 (i) Provide rigorous competition within the public
6 school district to stimulate continual improvement in all
7 public schools.
8 (j) Provide additional academic choices for parents
9 and students.
10 (k) Expand the capacity of the public school system.
11 (3) APPLICATION; UNLAWFUL REPRISAL.--
12 (a)1. An application for a new charter school may be
13 made by an individual, teachers, parents, a group of
14 individuals, a municipality, or a legal entity organized under
15 the laws of this state.
16 2. The district school board or the principal,
17 teachers, parents, and/or the school advisory council at an
18 existing public school that has been in operation for at least
19 2 years prior to the application to convert, including a
20 public school-within-a-school that is designated as a school
21 by the district school board, shall submit any application for
22 converting the school to a charter school. An application
23 submitted proposing to convert an existing public school to a
24 charter school shall demonstrate the support of at least 50
25 percent of the teachers employed at the school and 50 percent
26 of the parents voting whose children are enrolled at the
27 school, provided that a majority of the parents eligible to
28 vote participate in the ballot process, according to
29 procedures established by rules of the state board. A district
30 school board denying an application for a conversion charter
31 school shall provide notice of denial to the applicants in
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1 writing within 30 days after the meeting at which the school
2 board denied the application. The notice must specify the
3 exact reasons for denial and must provide documentation
4 supporting those reasons. A private school, parochial school,
5 or home education program shall not be eligible for charter
6 school status.
7 3. After a district school board approves an
8 application for a conversion charter school, the school shall
9 establish a conversion committee in order to develop a charter
10 required pursuant to subsection (11). The conversion committee
11 shall be comprised of the following nine members:
12 a. The principal of the school, or his or her
13 designee, who shall serve as the chair.
14 b. Two teachers of the school who are selected by
15 other teachers in the school.
16 c. Three nonrelated parents of students enrolled at
17 the school.
18 d. Three at-large members selected by the six members
19 listed in sub-subparagraphs a., b., and c.
20 4. The conversion committee shall meet at least once a
21 month. Each meeting shall be noticed at least 72 hours in
22 advance by prominently displaying a written notice in the
23 school and by sending a written notice to the parents of each
24 student. At each meeting, the conversion committee shall
25 reserve a certain amount of time for public participation.
26 5. The conversion committee shall be responsible for
27 developing a charter as required pursuant to subsection (11).
28 The conversion committee shall submit a copy of the proposed
29 charter to the school's parents, teachers, and administrators
30 within 120 days after the district school board approves the
31 application for the conversion charter school. Any
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1 recommendations and amendments to the proposed charter shall
2 be submitted to the conversion committee within 15 days after
3 the proposed charter is submitted to the school's parents,
4 teachers, and administrators. The conversion committee shall
5 convene at least one additional meeting in order to discuss
6 and take action on the recommendations and amendments to the
7 proposed charter that were submitted.
8 6. Within 15 days after recommendations and amendments
9 to the proposed charter are submitted, the conversion
10 committee shall submit a copy of the final version of the
11 proposed charter to the school's parents, teachers, and
12 administrators.
13 7. Within 10 days after a copy of the final version of
14 the proposed charter is submitted to the school's parents,
15 teachers, and administrators, the school's parents and
16 teachers shall vote for the approval of the final version of
17 the proposed charter. In order to approve the final version of
18 the proposed charter, the vote shall demonstrate the support
19 of at least 50 percent of the teachers employed at the school
20 and 50 percent of the parents voting whose children are
21 enrolled at the school, provided that a majority of the
22 parents eligible to vote participate in the ballot process.
23 Should the final version of the proposed charter not be
24 approved, the school shall withdraw its application for a
25 conversion charter school.
26 (b) No district school board, or district school board
27 employee who has control over personnel actions, shall take
28 unlawful reprisal against another district school board
29 employee because that employee is either directly or
30 indirectly involved with an application to establish a charter
31 school. As used in this subsection, the term "unlawful
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1 reprisal" means an action taken by a district school board or
2 a school system employee against an employee who is directly
3 or indirectly involved in a lawful application to establish a
4 charter school, which occurs as a direct result of that
5 involvement, and which results in one or more of the
6 following: disciplinary or corrective action; adverse transfer
7 or reassignment, whether temporary or permanent; suspension,
8 demotion, or dismissal; an unfavorable performance evaluation;
9 a reduction in pay, benefits, or rewards; elimination of the
10 employee's position absent of a reduction in force as a result
11 of lack of moneys or work; or other adverse significant
12 changes in duties or responsibilities that are inconsistent
13 with the employee's salary or employment classification. The
14 following procedures shall apply to an alleged unlawful
15 reprisal which occurs as a consequence of an employee's direct
16 or indirect involvement with an application to establish a
17 charter school:
18 1. Within 60 days after a reprisal prohibited by this
19 subsection, an employee may file a complaint with the
20 Department of Education.
21 2. Within 3 working days after receiving a complaint
22 under this section, the department shall acknowledge receipt
23 of the complaint and provide copies of the complaint and any
24 other relevant preliminary information available to each of
25 the other parties named in the complaint, which parties shall
26 each acknowledge receipt of such copies to the complainant.
27 3. If the department determines that the complaint
28 demonstrates reasonable cause to suspect that an unlawful
29 reprisal has occurred, the department shall conduct an
30 investigation to produce a fact-finding report.
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1 4. Within 90 days after receiving the complaint, the
2 department shall provide the superintendent of schools of the
3 complainant's district and the complainant with a fact-finding
4 report that may include recommendations to the parties or
5 proposed resolution of the complaint. The fact-finding report
6 shall be presumed admissible in any subsequent or related
7 administrative or judicial review.
8 5. If the department determines that reasonable
9 grounds exist to believe that an unlawful reprisal has
10 occurred, is occurring, or is to be taken, and is unable to
11 conciliate a complaint within 60 days after receipt of the
12 fact-finding report, the department shall terminate the
13 investigation. Upon termination of any investigation, the
14 department shall notify the complainant and the superintendent
15 of schools of the termination of the investigation, providing
16 a summary of relevant facts found during the investigation and
17 the reasons for terminating the investigation. A written
18 statement under this paragraph is presumed admissible as
19 evidence in any judicial or administrative proceeding.
20 6. The department shall either contract with the
21 Division of Administrative Hearings under s. 120.65, or
22 otherwise provide for a complaint for which the department
23 determines reasonable grounds exist to believe that an
24 unlawful reprisal has occurred, is occurring, or is to be
25 taken, and is unable to conciliate, to be heard by a panel of
26 impartial persons. Upon hearing the complaint, the panel must
27 make findings of fact and conclusions of law for a final
28 decision by the department.
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30 It shall be an affirmative defense to any action brought
31 pursuant to this section that the adverse action was
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1 predicated upon grounds other than, and would have been taken
2 absent, the employee's exercise of rights protected by this
3 section.
4 (c) In any action brought under this section for which
5 it is determined reasonable grounds exist to believe that an
6 unlawful reprisal has occurred, is occurring, or is to be
7 taken, the relief must include the following:
8 1. Reinstatement of the employee to the same position
9 held before the unlawful reprisal was commenced, or to an
10 equivalent position, or payment of reasonable front pay as
11 alternative relief.
12 2. Reinstatement of the employee's full fringe
13 benefits and seniority rights, as appropriate.
14 3. Compensation, if appropriate, for lost wages,
15 benefits, or other lost remuneration caused by the unlawful
16 reprisal.
17 4. Payment of reasonable costs, including attorney's
18 fees, to a substantially prevailing employee, or to the
19 prevailing employer if the employee filed a frivolous action
20 in bad faith.
21 5. Issuance of an injunction, if appropriate, by a
22 court of competent jurisdiction.
23 6. Temporary reinstatement to the employee's former
24 position or to an equivalent position, pending the final
25 outcome on the complaint, if it is determined that the action
26 was not made in bad faith or for a wrongful purpose, and did
27 not occur after a district school board's initiation of a
28 personnel action against the employee which includes
29 documentation of the employee's violation of a disciplinary
30 standard or performance deficiency.
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1 (4) SPONSOR.--A district school board may sponsor a
2 charter school in the county over which the board has
3 jurisdiction.
4 (a) A district school board shall receive and review
5 all applications for a charter school. A district school board
6 shall receive and consider charter school applications
7 received on or before October 1 of each calendar year for
8 charter schools to be opened at the beginning of the school
9 district's next school year, or to be opened at a time agreed
10 to by the applicant and the district school board. A district
11 school board may receive applications later than this date if
12 it chooses. A sponsor may not charge an applicant for a
13 charter any fee for the processing or consideration of an
14 application, and a sponsor may not base its consideration or
15 approval of an application upon the promise of future payment
16 of any kind.
17 1. In order to facilitate an accurate budget
18 projection process, a district school board shall be held
19 harmless for FTE students which are not included in the FTE
20 projection due to approval of charter school applications
21 after the FTE projection deadline. In a further effort to
22 facilitate an accurate budget projection, within 15 calendar
23 days after receipt of a charter school application, a district
24 school board or other sponsor shall report to the Department
25 of Education the name of the applicant entity, the proposed
26 charter school location, and its projected FTE.
27 2. A district school board must by a majority vote
28 approve or deny an application no later than 60 calendar days
29 after the application is received, unless the district school
30 board and the applicant mutually agree to temporarily postpone
31 the vote to a specific date, at which time the district school
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1 board must by a majority vote approve or deny the application.
2 If the district school board fails to act on the application,
3 an applicant may appeal to the State Board of Education as
4 provided in paragraph (b). If an application is denied, the
5 district school board must, within 10 calendar days,
6 articulate in writing the specific reasons based upon good
7 cause supporting its denial of the charter application.
8 3. For budget projection purposes, the district school
9 board or other sponsor shall report to the department the
10 approval or denial of a charter application within 10 calendar
11 days after such approval or denial. In the event of approval,
12 the report to the department must include the final projected
13 FTE for the approved charter school.
14 4. Upon approval of a charter application, the initial
15 startup must commence with the beginning of the public school
16 calendar for the district in which the charter is granted
17 unless the district school board allows a waiver of this
18 provision for good cause.
19 (b) An applicant may appeal any denial of that
20 applicant's application or failure to act on an application to
21 the State Board of Education no later than 30 calendar days
22 after receipt of the district school board's decision or
23 failure to act and shall notify the district school board of
24 its appeal. Any response of the school board shall be
25 submitted to the state board within 30 calendar days after
26 notification of the appeal. The state board must by majority
27 vote accept or reject the decision of the district school
28 board no later than 60 calendar days after an appeal is filed
29 in accordance with state board rule. The state board may
30 reject an appeal submission for failure to comply with
31 procedural rules governing the appeals process. The rejection
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1 shall describe the submission errors. The appellant may have
2 up to 15 calendar days from notice of rejection to resubmit an
3 appeal that meets requirements of rule. An application for
4 appeal submitted subsequent to such rejection shall be
5 considered timely if the original appeal was filed within 30
6 calendar days after receipt of notice of the specific reasons
7 for the school board's denial of the charter application. The
8 state board shall remand the application to the district
9 school board with its written recommendation that the district
10 board approve or deny the application consistent with the
11 state board's decision. The decision of the State Board of
12 Education is not subject to the provisions of the
13 Administrative Procedure Act, chapter 120.
14 (c) The district school board must act upon the
15 recommendation of the State Board of Education within 30
16 calendar days after it is received. The district board may
17 fail to act in accordance with the recommendation of the state
18 board only for good cause. Good cause for failing to act in
19 accordance with the state board's recommendation arises only
20 if the district school board determines by competent
21 substantial evidence that approving the state board's
22 recommendation would be contrary to law or contrary to the
23 best interests of the pupils or the community. The district
24 school board must articulate in written findings the specific
25 reasons based upon good cause supporting its failure to act in
26 accordance with the state board's recommendation. The district
27 board's action on the state board's recommendation is a final
28 action subject to judicial review.
29 (d) The Department of Education may provide technical
30 assistance to an applicant upon written request.
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1 (e) Paragraph (a) notwithstanding, a state university
2 may grant a charter to a developmental research school created
3 under s. 228.053. In considering such charter, the state
4 university must consult with the district school board of the
5 county in which the developmental research school is located.
6 The decision of a state university may be appealed pursuant to
7 the procedure established in this subsection.
8 (f) The terms and conditions for the operation of a
9 charter school shall be set forth by the sponsor and the
10 applicant in a written contractual agreement, called a
11 charter. The sponsor shall not impose unreasonable rules or
12 regulations that violate the intent of giving charter schools
13 greater flexibility to meet educational goals. The applicant
14 and sponsor shall have 6 months in which to mutually agree to
15 the provisions of the charter. The Department of Education
16 shall provide mediation services for any dispute regarding
17 this section subsequent to the approval of a charter
18 application and for any dispute relating to the approved
19 charter, except disputes regarding charter school application
20 denials. If the Commissioner of Education determines that the
21 dispute cannot be settled through mediation, the dispute may
22 be appealed to an administrative law judge appointed by the
23 Division of Administrative Hearings. The administrative law
24 judge may rule on issues of equitable treatment of the charter
25 school as a public school, whether proposed provisions of the
26 charter violate the intended flexibility granted charter
27 schools by statute, or on any other matter regarding this
28 section except a charter school application denial, and shall
29 award the prevailing party reasonable attorney's fees and
30 costs incurred to be paid by the losing party. The costs of
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1 the administrative hearing shall be paid by the party whom the
2 administrative law judge rules against.
3 (g) The sponsor shall monitor and review the charter
4 school in its progress towards the goals established in the
5 charter.
6 (h) The sponsor shall monitor the revenues and
7 expenditures of the charter school.
8 (i) A charter school shall be exempt from the
9 sponsor's policies.
10 (5) ACCOUNTABILITY.--
11 (a) Pupil performance.--A charter school must design
12 its academic programs to meet or exceed the outcomes set by
13 the Commissioner of Education for public school students as
14 outlined in the Sunshine State Standards. The expected
15 outcomes must be outlined in each school's charter.
16 (b) Annual reports.--
17 1. By July 15 of each year that a charter school is in
18 operation, the charter school must submit to its sponsor a
19 written report that details the levels of achievement of its
20 students during the preceding school year in comparison to the
21 aspirational levels set out in that school's charter.
22 2. By July 15 of each year that a charter school is in
23 operation, the charter school must submit a written report
24 that details its income and expenditures for the preceding
25 school year.
26 3. Each charter school must annually report data on
27 the FCAT scores of its students to the district school board
28 in the county where the charter school is located.
29 (c) Personnel.--
30 1. Each teacher employed by the charter school must
31 have at least a 4-year degree. A teacher who is not certified
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1 may teach in a charter school, but he or she must be
2 supervised by a certified teacher who will evaluate in writing
3 the noncertified teacher's ability to teach the subject
4 matter. The sponsor shall use the evaluation in deciding
5 whether to continue employing the noncertified teacher for the
6 following year. A noncertified teacher must also take at least
7 3 credit hours per semester of education credits in the area
8 in which he or she is to teach.
9 2. All school personnel must be fingerprinted and must
10 undergo a background check in compliance with s. 231.17 before
11 they may be employed by the charter school.
12 (6)(5) CHARTER SCHOOL COOPERATIVES.--Charter schools
13 may enter into cooperative agreements to form charter school
14 cooperative organizations that may provide the following
15 services: charter school planning and development, direct
16 instructional services, contracts with charter school
17 governing boards to provide personnel administrative services,
18 payroll services, human resource management, evaluation and
19 assessment services, teacher preparation, and professional
20 development.
21 (7)(6) NUMBER OF SCHOOLS.--
22 (a) The number of newly created charter schools is
23 limited to no more than 28 in each school district that has
24 100,000 or more students, no more than 20 in each school
25 district that has 50,000 to 99,999 students, and no more than
26 12 in each school district with fewer than 50,000 students.
27 (b) An existing public school which converts to a
28 charter school shall not be counted towards the limit
29 established by paragraph (a).
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1 Notwithstanding any limit established by this subsection, a
2 district school board or a charter school applicant shall have
3 the right to request an increase of the limit on the number of
4 charter schools authorized to be established within the
5 district from the State Board of Education.
6 (8)(7) ELIGIBLE STUDENTS.--
7 (a) A charter school shall be open to any student
8 covered in an interdistrict agreement or residing in the
9 school district in which the charter school is located;
10 however, in the case of a developmental research school
11 created under s. 228.053 to which a charter has been issued
12 under paragraph (4)(e), the charter school shall be open to
13 any student eligible to attend the developmental research
14 school as provided in s. 228.053 or who resides in the school
15 district in which the charter school is located. Any eligible
16 student shall be allowed interdistrict transfer to attend a
17 charter school when based on good cause. When a public school
18 converts to charter status, enrollment preference shall be
19 given to students who would have otherwise attended that
20 public school. A charter school may give enrollment preference
21 to a sibling of a student enrolled in the charter school, to
22 the child of a member of the governing board of the charter
23 school, or to the child of an employee of the charter school.
24 (b) The charter school shall enroll an eligible
25 student who submits a timely application, unless the number of
26 applications exceeds the capacity of a program, class, grade
27 level, or building. In such case, all applicants shall have an
28 equal chance of being admitted through a random selection
29 process.
30 (c) A charter school may limit the enrollment process
31 only to target the following student populations:
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1 1. Students within specific age groups or grade
2 levels.
3 2. Students considered at risk of dropping out of
4 school or academic failure. Such students shall include
5 exceptional education students.
6 3. Students enrolling in a charter
7 school-in-the-workplace or charter school-in-a-municipality
8 established pursuant to subsection (24) (22).
9 4. Students residing within a reasonable distance of
10 the charter school, as described in paragraph (15)(c) (13)(c).
11 Such students shall be subject to a random lottery and to the
12 racial/ethnic balance provisions described in subparagraph
13 (11)(a)8. (9)(a)8. or any federal provisions which require a
14 school to achieve a racial/ethnic balance reflective of the
15 community it serves or within the racial/ethnic range of other
16 public schools in the same school district.
17 5. Students who meet reasonable academic, artistic, or
18 other eligibility standards established by the charter school
19 and included in the charter school application and charter or,
20 in the case of existing charter schools, standards that are
21 consistent with the school's mission and purpose. Such
22 standards must be in accordance with current state law and
23 practice in public schools and may not discriminate against
24 otherwise qualified individuals.
25 6. Students articulating from one charter school to
26 another pursuant to an articulation agreement between the
27 charter schools which has been approved by the sponsor.
28 (d) A student may withdraw from a charter school at
29 any time and enroll in another public school as determined by
30 school board policy.
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1 (e) Students with handicapping conditions and students
2 served in English for Speakers of Other Languages programs
3 shall have an equal opportunity of being selected for
4 enrollment in a charter school.
5 (f) The capacity of the charter school shall be
6 determined annually by the governing board, in conjunction
7 with the sponsor, of the charter school in consideration of
8 the factors identified in this subsection.
9 (9)(8) LEGAL ENTITY.--A charter school shall organize
10 as, or be operated by, a nonprofit organization. A charter
11 school may be operated by a municipality or other public
12 entity as provided for by law. As such, the charter school may
13 be either a private or a public employer. As a public
14 employer, a charter school may participate in the Florida
15 Retirement System upon application and approval as a "covered
16 group" under s. 121.021(34). If a charter school participates
17 in the Florida Retirement System, the charter school employees
18 shall be compulsory members of the Florida Retirement System.
19 As either a private or a public employer, a charter school may
20 contract for services with an individual or group of
21 individuals who are organized as a partnership or a
22 cooperative. Individuals or groups of individuals who contract
23 their services to the charter school are not public employees.
24 (10)(9) REQUIREMENTS.--
25 (a) A charter school shall be nonsectarian in its
26 programs, admission policies, employment practices, and
27 operations.
28 (b) A charter school shall admit students as provided
29 in subsection (8) (6).
30 (c) A charter school shall be accountable to its
31 sponsor for performance as provided in subsection (11) (9).
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1 (d) A charter school shall not charge tuition or fees,
2 except those fees normally charged by other public schools.
3 However, a developmental research school to which a charter
4 has been issued pursuant to paragraph (4)(e) may charge a
5 student activity and service fee as authorized by s.
6 228.053(5).
7 (e) A charter school shall meet all applicable state
8 and local health, safety, and civil rights requirements.
9 (f) A charter school shall not violate the
10 antidiscrimination provisions of s. 228.2001.
11 (g) A charter school shall provide for an annual
12 financial audit in accordance with s. 218.39.
13 (h) No organization shall hold more than 15 charters
14 statewide.
15 (i) In order to provide financial information that is
16 comparable to that reported for other public schools, charter
17 schools are to maintain all financial records which constitute
18 their accounting system:
19 1. In accordance with the accounts and codes
20 prescribed in the most recent issuance of the publication
21 titled "Financial and Program Cost Accounting and Reporting
22 for Florida Schools"; or
23 2. At the discretion of the charter school governing
24 board, a charter school may elect to follow generally accepted
25 accounting standards for not-for-profit organizations, but
26 must reformat this information for reporting according to this
27 paragraph.
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29 Charter schools are to provide annual financial report and
30 program cost report information in the state-required formats
31 for inclusion in district reporting in compliance with s.
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1 236.02(1). Charter schools which are operated by a
2 municipality or are a component unit of a parent nonprofit
3 organization may use the accounting system of the municipality
4 or the parent, but must reformat this information for
5 reporting according to this paragraph.
6 (j) The governing board of the charter school shall
7 annually adopt and maintain an operating budget.
8 (11)(10) CHARTER.--The major issues involving the
9 operation of a charter school shall be considered in advance
10 and written into the charter. The charter shall be signed by
11 the governing body of the charter school and the sponsor,
12 following a public hearing to ensure community input.
13 (a) The charter shall address, and criteria for
14 approval of the charter shall be based on:
15 1. The school's mission, the students to be served,
16 and the ages and grades to be included.
17 2. The focus of the curriculum, the instructional
18 methods to be used, any distinctive instructional techniques
19 to be employed, and identification and acquisition of
20 appropriate technologies needed to improve educational and
21 administrative performance. This must include a means for
22 promoting safe, ethical, and appropriate uses of technology
23 which comply with legal and professional standards.
24 3. The current incoming baseline standard of student
25 academic achievement, the outcomes to be achieved, and the
26 method of measurement that will be used. This section shall
27 include a detailed description for each of the following:
28 a. How the baseline student academic achievement
29 levels and prior rates of academic progress will be
30 established.
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1 b. How these baseline rates will be compared to rates
2 of academic progress achieved by these same students while
3 attending the charter school.
4 c. To the extent possible, how these rates of progress
5 will be evaluated and compared with rates of progress of other
6 closely comparable student populations.
7 d. The district school board is required to provide
8 academic student performance data to charter schools for each
9 of their students coming from the district school system, as
10 well as rates of academic progress of comparable student
11 populations in the district school system.
12 4. The methods used to identify the educational
13 strengths and needs of students and how well educational goals
14 and performance standards are met by students attending the
15 charter school. Included in the methods is a means for
16 ensuring accountability to its constituents by analyzing
17 student performance data and by evaluating the effectiveness
18 and efficiency of its major educational programs. Students in
19 charter schools shall, at a minimum, participate in the
20 statewide assessment program.
21 5. In secondary charter schools, a method for
22 determining that a student has satisfied the requirements for
23 graduation in s. 232.246.
24 6. A method for resolving conflicts between the
25 governing body of the charter school and the sponsor.
26 7. The admissions procedures and dismissal procedures,
27 including the school's code of student conduct.
28 8. The ways by which the school will achieve a
29 racial/ethnic balance reflective of the community it serves or
30 within the racial/ethnic range of other public schools in the
31 same school district.
20
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1 9. The financial and administrative management of the
2 school, including a reasonable demonstration of the
3 professional experience or competence of those individuals or
4 organizations applying to operate the charter school or those
5 hired or retained to perform such professional services and
6 the description of clearly delineated responsibilities and the
7 policies and practices needed to effectively manage the
8 charter school. A description of internal audit procedures and
9 establishment of controls to ensure that financial resources
10 are properly managed must be included. Both public sector and
11 private sector professional experience shall be equally valid
12 in such a consideration.
13 10. A description of procedures that identify various
14 risks and provide for a comprehensive approach to reduce the
15 impact of losses; plans to ensure the safety and security of
16 students and staff; plans to identify, minimize, and protect
17 others from violent or disruptive student behavior; and the
18 manner in which the school will be insured, including whether
19 or not the school will be required to have liability
20 insurance, and, if so, the terms and conditions thereof and
21 the amounts of coverage.
22 11. The term of the charter which shall provide for
23 cancellation of the charter if insufficient progress has been
24 made in attaining the student achievement objectives of the
25 charter and if it is not likely that such objectives can be
26 achieved before expiration of the charter. The initial term of
27 a charter shall be for 3, 4, or 5 years. In order to
28 facilitate access to long-term financial resources for charter
29 school construction, charter schools that are operated by a
30 municipality or other public entity as provided by law are
31 eligible for up to a 15-year charter, subject to approval by
21
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1 the local school board. A developmental research school is
2 eligible for a charter for a term of up to 15 years issued by
3 a state university pursuant to paragraph (4)(e). In addition,
4 to facilitate access to long-term financial resources for
5 charter school construction, charter schools that are operated
6 by a private, not-for-profit, s. 501(c)(3) status corporation
7 are eligible for up to a 10-year charter, subject to approval
8 by the local school board. Such long-term charters remain
9 subject to annual review and may be terminated during the term
10 of the charter, but only for specific good cause according to
11 the provisions set forth in subsection (12) (10).
12 12. The facilities to be used and their location.
13 13. The qualifications to be required of the teachers
14 and the potential strategies used to recruit, hire, train, and
15 retain qualified staff to achieve best value.
16 14. The governance structure of the school, including
17 the status of the charter school as a public or private
18 employer as required in subsection (9) (7).
19 15. A timetable for implementing the charter which
20 addresses the implementation of each element thereof and the
21 date by which the charter shall be awarded in order to meet
22 this timetable.
23 16. In the case of an existing public school being
24 converted to charter status, alternative arrangements for
25 current students who choose not to attend the charter school
26 and for current teachers who choose not to teach in the
27 charter school after conversion in accordance with the
28 existing collective bargaining agreement or school board
29 policy in the absence of a collective bargaining agreement.
30 However, alternative arrangements shall not be required for
31 current teachers who choose not to teach in a developmental
22
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1 research school to which a charter has been issued pursuant to
2 paragraph (4)(e), except as authorized by the employment
3 policies of the state university which grants the charter to
4 the developmental research school.
5 (b) A charter may be renewed every 5 school years,
6 provided that a program review demonstrates that the criteria
7 in paragraph (a) have been successfully accomplished and that
8 none of the grounds for nonrenewal established by paragraph
9 (12)(a) (10)(a) have been documented. In order to facilitate
10 long-term financing for charter school construction, charter
11 schools operating for a minimum of 2 years and demonstrating
12 exemplary academic programming and fiscal management are
13 eligible for a 15-year charter renewal. Such long-term charter
14 is subject to annual review and may be terminated during the
15 term of the charter.
16 (c) A charter may be modified during its initial term
17 or any renewal term upon the recommendation of the sponsor or
18 the charter school governing board and the approval of both
19 parties to the agreement.
20 (d) The governing body of the charter school shall
21 exercise continuing oversight over charter school operations
22 and make annual progress reports to its sponsor, which upon
23 verification shall be forwarded to the Commissioner of
24 Education at the same time as other annual school
25 accountability reports. The report shall contain at least the
26 following information:
27 1. The charter school's progress towards achieving the
28 goals outlined in its charter.
29 2. The information required in the annual school
30 report pursuant to s. 229.592.
31
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1 3. Financial records of the charter school, including
2 revenues and expenditures.
3 4. Salary and benefit levels of charter school
4 employees.
5 (e) A sponsor shall ensure that the charter is
6 innovative and consistent with the state education goals
7 established by s. 229.591.
8 (f) Upon receipt of the annual report required by
9 paragraph (d), the Department of Education shall provide to
10 the State Board of Education, the Commissioner of Education,
11 the President of the Senate, and the Speaker of the House of
12 Representatives an analysis and comparison of the overall
13 performance of charter school students, to include all
14 students whose scores are counted as part of the state
15 assessment program, versus comparable public school students
16 in the district as determined by the state assessment program
17 currently administered in the school district, and, as
18 appropriate, the Florida Writes Assessment Test, the High
19 School Competency Test, and other assessments administered
20 pursuant to s. 229.57(3).
21 (g) Whenever a municipality has submitted charter
22 applications for the establishment of a charter school feeder
23 pattern (elementary, middle, and senior high schools), and
24 upon approval of each individual charter application by the
25 district school board, such applications will then be
26 designated as one charter for all purposes listed pursuant to
27 this section.
28 (12)(11) CAUSES FOR NONRENEWAL OR TERMINATION.--
29 (a) At the end of the term of a charter, the sponsor
30 may choose not to renew the charter for any of the following
31 grounds:
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1 1. Failure to meet the requirements for student
2 performance stated in the charter.
3 2. Failure to meet generally accepted standards of
4 fiscal management.
5 3. Violation of law.
6 4. Other good cause shown.
7 (b) During the term of a charter, the sponsor may
8 terminate the charter for any of the grounds listed in
9 paragraph (a).
10 (c) At least 90 days prior to renewing or terminating
11 a charter, the sponsor shall notify the governing body of the
12 school of the proposed action in writing. The notice shall
13 state in reasonable detail the grounds for the proposed action
14 and stipulate that the school's governing body may, within 15
15 14 calendar days after receiving the notice, request an
16 informal hearing before the sponsor. The sponsor shall conduct
17 the informal hearing within 30 calendar days after receiving a
18 written request. The charter school's governing body may,
19 within 15 14 calendar days after receiving the sponsor's
20 decision to terminate or refuse to renew the charter, appeal
21 the decision pursuant to the procedure established in
22 subsection (4).
23 (d) A charter may be terminated immediately if the
24 sponsor determines that good cause has been shown or if the
25 health, safety, or welfare of the students is threatened. The
26 school district in which the charter school is located shall
27 assume operation of the school under these circumstances. The
28 charter school's governing board may, within 15 14 days after
29 receiving the sponsor's decision to terminate the charter,
30 appeal the decision pursuant to the procedure established in
31 subsection (4).
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1 (e) When a charter is not renewed or is terminated,
2 the school shall be dissolved under the provisions of law
3 under which the school was organized, and any unencumbered
4 public funds from the charter school shall revert to the
5 district school board. In the event a charter school is
6 dissolved or is otherwise terminated, all district school
7 board property and improvements, furnishings, and equipment
8 purchased with public funds shall automatically revert to full
9 ownership by the district school board, subject to complete
10 satisfaction of any lawful liens or encumbrances.
11 (f) If a charter is not renewed or is terminated, the
12 charter school is responsible for all debts of the charter
13 school. The district may not assume the debt from any contract
14 for services made between the governing body of the school and
15 a third party, except for a debt that is previously detailed
16 and agreed upon in writing by both the district and the
17 governing body of the school and that may not reasonably be
18 assumed to have been satisfied by the district.
19 (g) If a charter is not renewed or is terminated, a
20 student who attended the school may apply to, and shall be
21 enrolled in, another public school. Normal application
22 deadlines shall be disregarded under such circumstances.
23 (13)(12) EXEMPTION FROM STATUTES.--A charter school
24 shall operate in accordance with its charter and shall be
25 exempt from all statutes of the Florida School Code, except
26 those specifically applying to charter schools; those
27 pertaining to the provision of services to students with
28 disabilities; those pertaining to civil rights, including s.
29 228.2001, relating to discrimination; and those pertaining to
30 student health, safety, and welfare; or as otherwise required
31 by this section. A charter school shall not be exempt from the
26
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1 following statutes: chapter 119, relating to public records,
2 and s. 286.011, relating to public meetings and records,
3 public inspection, and penalties. The charter school's
4 governing board may apply to the Commissioner of Education for
5 a waiver of provisions of chapters 230-239 which are
6 applicable to charter schools under this section, except that
7 the provisions of chapter 236 or chapter 237 shall not be
8 eligible for waiver if the waiver would affect funding
9 allocations or create inequity in public school funding. The
10 Commissioner of Education must confirm receipt of a waiver
11 request from a charter school by providing a copy of the
12 request to the sponsor. The commissioner may grant the waiver
13 if necessary to implement the school program and shall provide
14 notice of the final dispensation of the waiver request to the
15 charter school governing board and the charter school's
16 sponsor.
17 (14)(13) EMPLOYEES OF CHARTER SCHOOLS.--
18 (a) A charter school shall select its own employees. A
19 charter school may contract with its sponsor for the services
20 of personnel employed by the sponsor.
21 (b) Charter school employees shall have the option to
22 bargain collectively. Employees may collectively bargain as a
23 separate unit or as part of the existing district collective
24 bargaining unit as determined by the structure of the charter
25 school.
26 (c) The employees of a conversion charter school shall
27 remain public employees for all purposes, unless such
28 employees choose not to do so.
29 (d) The teachers at a charter school may choose to be
30 part of a professional group that subcontracts with the
31 charter school to operate the instructional program under the
27
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1 auspices of a partnership or cooperative that they
2 collectively own. Under this arrangement, the teachers would
3 not be public employees.
4 (e) Employees of a school district may take leave to
5 accept employment in a charter school upon the approval of the
6 district school board. While employed by the charter school
7 and on leave that is approved by the school board, the
8 employee may retain seniority accrued in that school district
9 and may continue to be covered by the benefit programs of that
10 school district, if the charter school and the district school
11 board agree to this arrangement and its financing. School
12 districts shall not require resignations of teachers desiring
13 to teach in a charter school. This paragraph shall not
14 prohibit a school board from approving alternative leave
15 arrangements consistent with chapter 231.
16 (f) Except as otherwise provided by law, teachers
17 employed by or under contract to a charter school shall be
18 certified as required by chapter 231. A charter school
19 governing board may employ or contract with skilled selected
20 noncertified personnel to provide instructional services or to
21 assist instructional staff members as education
22 paraprofessionals in the same manner as defined in chapter
23 231, and as provided by the governing board's rules and
24 procedures State Board of Education rule for charter school
25 governing boards. However, all teachers must submit to
26 background checks and fingerprinting as required by s. 231.17.
27 The charter school governing board must approve employment of
28 noncertified teachers or teachers teaching out of their field
29 of certification. Those teachers must be mentored by a
30 certified teacher who shall evaluate in writing their ability
31 to teach the subject matter in accordance with rules
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CS/HB 1665, Second Engrossed
1 established by the governing board for this purpose. This
2 evaluation shall be submitted to the charter school governing
3 board at the end of the school year and must be considered in
4 any decision regarding employment of the noncertified teacher
5 for the following school year. A charter school may not
6 knowingly employ an individual to provide instructional
7 services or to serve as an education paraprofessional if the
8 individual's certification or licensure as an educator is
9 suspended or revoked by this or any other state. A charter
10 school may not knowingly employ an individual who has resigned
11 from a school district in lieu of disciplinary action with
12 respect to child welfare or safety, or who has been dismissed
13 for just cause by any school district with respect to child
14 welfare or safety. The qualifications of teachers shall be
15 disclosed to parents.
16 (g) A charter school shall employ or contract with
17 employees who have been fingerprinted as provided in s.
18 231.02. Members of the governing board of the charter school
19 shall also be fingerprinted in a manner similar to that
20 provided in s. 231.02.
21 (15)(14) REVENUE.--Students enrolled in a charter
22 school, regardless of the sponsorship, shall be funded as if
23 they are in a basic program or a special program, the same as
24 students enrolled in other public schools in the school
25 district. Funding for a chartered developmental research
26 school shall be as provided in s. 228.053(9).
27 (a) Each charter school shall report its student
28 enrollment to the district school board as required in s.
29 236.081, and in accordance with the definitions in s. 236.013.
30 The district school board shall include each charter school's
31 enrollment in the district's report of student enrollment. All
29
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1 charter schools submitting student record information required
2 by the Department of Education shall comply with the
3 department's guidelines for electronic data formats for such
4 data, and all districts shall accept electronic data that
5 complies with the department's electronic format.
6 (b) The basis for the agreement for funding students
7 enrolled in a charter school shall be the sum of the school
8 district's operating funds from the Florida Education Finance
9 Program as provided in s. 236.081 and the General
10 Appropriations Act, including gross state and local funds,
11 discretionary lottery funds, and funds from the school
12 district's current operating discretionary millage levy;
13 divided by total funded weighted full-time equivalent students
14 in the school district; multiplied by the weighted full-time
15 equivalent students for the charter school. Charter schools
16 whose students or programs meet the eligibility criteria in
17 law shall be entitled to their proportionate share of
18 categorical program funds included in the total funds
19 available in the Florida Education Finance Program by the
20 Legislature, including transportation. Total funding for each
21 charter school will be recalculated during the year to reflect
22 the revised calculations under the Florida Education Finance
23 Program by the state and the actual weighted full-time
24 equivalent students reported by the charter school during the
25 full-time equivalent student survey periods designated by the
26 Commissioner of Education.
27 (c) Transportation of charter school students shall be
28 provided by the charter school consistent with the
29 requirements of chapter 234. The governing body of the charter
30 school may provide transportation through an agreement or
31 contract with the district school board, a private provider,
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1 or parents. The charter school and the sponsor shall cooperate
2 in making arrangements that ensure that transportation is not
3 a barrier to equal access for all students residing within a
4 reasonable distance of the charter school as determined in its
5 charter.
6 (d) If the district school board is providing programs
7 or services to students funded by federal funds, any eligible
8 students enrolled in charter schools in the school district
9 shall be provided federal funds for the same level of service
10 provided students in the schools operated by the district
11 school board. Pursuant to provisions of 20 U.S.C. 8061 s.
12 10306, all charter schools shall receive all federal funding
13 for which the school is otherwise eligible, including Title I
14 funding, not later than 5 months after the charter school
15 first opens and within 5 months after any subsequent expansion
16 of enrollment.
17 (e) Any administrative fee charged by the school
18 district relating to a charter school shall be limited to 5
19 percent of the available funds as defined in paragraph (b) not
20 including capital outlay funds, federal and state grants, or
21 any other funds unless explicitly provided by law. The sponsor
22 shall provide certain administrative and educational services
23 to charter schools at no additional fee. These services shall
24 include contract management services, FTE and data reporting,
25 exceptional student education administration, test
26 administration, processing of teacher certificate data, and
27 information services.
28 (f) School boards shall make every effort to ensure
29 that charter schools receive timely and efficient
30 reimbursement, including processing paperwork required to
31 access special state and federal funding for which they may be
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CS/HB 1665, Second Engrossed
1 eligible. The district school board shall may distribute funds
2 to a charter school for up to 3 months based on the projected
3 full-time equivalent student membership of the charter school.
4 Thereafter, the results of full-time equivalent student
5 membership surveys must be used in adjusting the amount of
6 funds distributed monthly to the charter school for the
7 remainder of the fiscal year. The payment shall be issued no
8 later than 10 working days after the district school board
9 receives a distribution of state or federal funds. If a
10 warrant for payment is not issued within 30 working days after
11 receipt of funding by the district school board, the school
12 district shall pay to the charter school, in addition to the
13 amount of the scheduled disbursement, interest at a rate of 1
14 percent per month calculated on a daily basis on the unpaid
15 balance from the expiration of the 30-day period until such
16 time as the warrant is issued.
17 (g) If a district school board facility or property is
18 available because it is surplus, marked for disposal, or
19 otherwise unused, it shall be provided for a charter school's
20 use on the same basis as it is made available to other public
21 schools in the district. A charter school receiving property
22 from the school district may not sell or dispose of such
23 property without written permission of the school district.
24 Similarly, for an existing public school converting to charter
25 status, no rental or leasing fee for the existing facility or
26 for the property normally inventoried to the conversion school
27 may be charged by the district school board to the parents and
28 teachers organizing the charter school. The charter
29 organizers shall agree to reasonable maintenance provisions in
30 order to maintain the facility in a manner similar to district
31 school board standards. The Public Education Capital Outlay
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1 maintenance funds or any other maintenance funds generated by
2 the facility operated as a conversion school shall remain with
3 the conversion school.
4 (h) If other goods and services are made available to
5 the charter school through the contract with the school
6 district, they shall be provided to the charter school at a
7 rate no greater than the district's actual cost. To maximize
8 the use of state funds, school districts shall allow charter
9 schools to participate in the sponsor's bulk purchasing
10 program if applicable.
11 (16)(15) IMMUNITY.--For the purposes of tort
12 liability, the governing body and employees of a charter
13 school shall be governed by s. 768.28.
14 (17)(16) LENGTH OF SCHOOL YEAR.--A charter school
15 shall provide instruction for at least the number of days
16 required by law for other public schools, and may provide
17 instruction for additional days.
18 (18)(17) FACILITIES.--
19 (a) A charter school shall use utilize facilities that
20 which comply with the Florida Building Code and the Florida
21 Fire Prevention Code or with the applicable provisions of the
22 Florida Building Code, excluding section 423, and the
23 applicable provisions of the Florida Fire Prevention Code,
24 excluding section 5 the State Uniform Building Code for Public
25 Educational Facilities Construction adopted pursuant to s.
26 235.26 or with applicable state minimum building codes
27 pursuant to chapter 553 and state minimum fire protection
28 codes pursuant to s. 633.025, as adopted by the authority in
29 whose jurisdiction the facility is located.
30 (b) Any facility, or portion thereof, used to house a
31 charter school whose charter has been approved by the sponsor
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1 and the governing board, pursuant to subsection (9), shall be
2 exempt from ad valorem taxes pursuant to s. 196.1983.
3 (c) Charter school facilities are exempt from
4 assessments of fees for building permits, except as provided
5 in s. 553.80, and from impact fees or service availability
6 fees After January 1, 2001, charter school facilities shall
7 utilize facilities which comply with the Florida Building
8 Code, pursuant to chapter 553, and the Florida Fire Prevention
9 Code, pursuant to chapter 633.
10 (d) Any charter school to be newly constructed shall
11 be a new public educational facility for purposes of s.
12 235.193(5) and (6).
13 (19)(18) INITIAL COSTS.--A sponsor may approve a
14 charter for a charter school before the applicant has secured
15 space, equipment, or personnel, if the applicant indicates
16 approval is necessary for it to raise working capital.
17 (20)(19) INFORMATION.--The Department of Education
18 shall provide information to the public, directly and through
19 sponsors, both on how to form and operate a charter school and
20 on how to enroll in charter schools once they are created.
21 This information shall include a standard application format
22 which shall include the information specified in subsection
23 (9). This application format may be used by chartering
24 entities.
25 (21)(20) GENERAL AUTHORITY.--A charter school shall
26 not levy taxes or issue bonds secured by tax revenues.
27 (22)(21) REVIEW.--
28 (a) The Department of Education shall regularly
29 convene a Charter School Review Panel in order to review
30 issues, practices, and policies regarding charter schools. The
31 composition of the review panel shall include individuals with
34
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1 experience in finance, administration, law, education, and
2 school governance, and individuals familiar with charter
3 school construction and operation. The panel shall include two
4 appointees each from the Commissioner of Education, the
5 President of the Senate, and the Speaker of the House of
6 Representatives. The Governor shall appoint three members of
7 the panel and shall designate the chair. Each member of the
8 panel shall serve a 1-year term, unless renewed by the office
9 making the appointment. The panel shall make recommendations
10 to the Legislature, to the Department of Education, to charter
11 schools, and to school districts for improving charter school
12 operations and oversight and for ensuring best business
13 practices at and fair business relationships with charter
14 schools.
15 (b) The Legislature shall review the operation of
16 charter schools during the 2005 Regular Session of the
17 Legislature.
18 (23)(22) RULEMAKING.--The Department of Education,
19 after consultation with school districts and charter school
20 directors, shall recommend that the State Board of Education
21 adopt rules to implement specific subsections of this section.
22 Such rules shall require minimum paperwork and shall not limit
23 charter school flexibility authorized by statute.
24 (24)(23) CHARTER SCHOOLS-IN-THE-WORKPLACE, CHARTER
25 SCHOOLS-IN-A-DEVELOPMENT, AND CHARTER SCHOOLS
26 IN-A-MUNICIPALITY.--
27 (a) In order to increase business partnerships in
28 education, to reduce school and classroom overcrowding
29 throughout the state, to encourage developers of residential
30 and other projects to provide school infrastructure concurrent
31 with school impacts, to promote and encourage local
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1 communities to participate in and advance the cause of
2 neighborhood schools, and to offset the high costs for
3 educational facilities construction, the Legislature intends
4 to encourage the formation of business partnership schools or
5 satellite learning centers through charter school status.
6 (b) A charter school-in-the-workplace may be
7 established when a business partner provides the school
8 facility to be used; enrolls students based upon a random
9 lottery which involves all of the children of employees of
10 that business or corporation who are seeking enrollment, as
11 provided for in subsection (8) (6); and enrolls students
12 according to the racial/ethnic balance provisions described in
13 subparagraph (11)(a)8. (9)(a)8. Any portion of a facility used
14 for a public charter school shall be exempt from ad valorem
15 taxes, as provided for in s. 235.198, for the duration of its
16 use as a public school.
17 (c) A charter school-in-a-municipality designation may
18 be granted to a municipality that possesses a charter; enrolls
19 students based upon a random lottery that involves all of the
20 children of the residents of that municipality who are seeking
21 enrollment, as provided for in subsection (8) (6); and enrolls
22 students according to the racial/ethnic balance provisions
23 described in subparagraph (11)(a)8. (9)(a)8. Any portion of
24 the land and facility used for a public charter school shall
25 be exempt from ad valorem taxes, as provided for in s.
26 235.198, for the duration of its use as a public school.
27 (d) As used in this subsection, the terms "business
28 partner," "employer," "developer," or "municipality" may
29 include more than one business, employer, developer, or
30 municipality to form a charter school-in-the-workplace,
31
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1 charter school-in-a-development, or charter
2 school-in-a-municipality.
3 Section 2. Subsections (1) and (5) of section
4 228.0561, Florida Statutes, are amended to read:
5 228.0561 Charter schools capital outlay funding.--
6 (1) In each year in which funds are appropriated for
7 charter school capital outlay purposes, the Commissioner of
8 Education shall allocate the funds among eligible charter
9 schools. To be eligible for a funding allocation, a charter
10 school must meet the provisions of subsection (6), must have
11 received final approval from its sponsor pursuant to s.
12 228.056 for operation during that fiscal year, and must serve
13 students in facilities that are not provided by the charter
14 school's sponsor. Prior to the release of capital outlay
15 funds to a school district on behalf of the charter school,
16 the Department of Education shall ensure that the district
17 school board and the charter school governing board enter into
18 a written agreement that includes provisions for the reversion
19 of any unencumbered funds and all equipment and property
20 purchased with public education funds to the ownership of the
21 district school board, as provided for in subsection (3), in
22 the event that the school terminates operations. Any funds
23 recovered by the state shall be deposited in the General
24 Revenue Fund. A charter school is not eligible for a funding
25 allocation if it was created by the conversion of a public
26 school and operates in facilities provided by the charter
27 school's sponsor for a nominal fee or at no charge or if it is
28 directly or indirectly operated by the school district. Unless
29 otherwise provided in the General Appropriations Act, the
30 funding allocation for each eligible charter school shall be
31 determined by multiplying the school's projected student
37
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1 enrollment by one-fifteenth of the cost-per-student station
2 specified in s. 235.435(6)(b) for an elementary, middle, or
3 high school, as appropriate. If the funds appropriated are
4 not sufficient, the commissioner shall prorate the available
5 funds among eligible charter schools. A dedicated funding
6 source, if identified in writing by the Commissioner of
7 Education and submitted along with the annual charter school
8 legislative budget request, may be considered an additional
9 source of funding. Funds shall be distributed on the basis of
10 the capital outlay full-time equivalent membership by grade
11 level, which shall be calculated by averaging the results of
12 the second and third enrollment surveys. The Department of
13 Education shall distribute capital outlay funds monthly,
14 beginning in the first quarter of the fiscal year, based on
15 one-twelfth of the amount the department reasonably expects
16 the charter school to receive during that fiscal year. The
17 commissioner shall adjust subsequent distributions as
18 necessary to reflect each charter school's actual student
19 enrollment as reflected in the second and third enrollment
20 surveys. The commissioner shall establish the intervals and
21 procedures for determining the projected and actual student
22 enrollment of eligible charter schools.
23 (5) The annual legislative budget request of the
24 Department of Education shall include a request for capital
25 outlay funding for charter schools. The request shall be
26 based on the projected number of students to be served in
27 charter schools who meet the eligibility requirements of this
28 section. This budget request may also be accompanied by a
29 written statement from the Commissioner of Education
30 requesting that a dedicated funding source identified by the
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CS/HB 1665, Second Engrossed
1 commissioner be used to supplement that year's charter school
2 funding.
3 Section 3. Subsection (5) of section 235.193, Florida
4 Statutes, is amended to read:
5 235.193 Coordination of planning with local governing
6 bodies.--
7 (5) As early in the design phase as feasible, but at
8 least before commencing construction of a new public
9 educational facility, including a charter school, the local
10 governing body that regulates the use of land shall determine,
11 in writing within 90 days after receiving the necessary
12 information and a school board's request or charter school
13 governing body's request for a determination, whether a
14 proposed public educational facility is consistent with the
15 local comprehensive plan and local land development
16 regulations, to the extent that the regulations are not in
17 conflict with or the subject regulated is not specifically
18 addressed by this chapter or the State Uniform Building Code,
19 unless mutually agreed. If the determination is affirmative,
20 school construction may proceed and further local government
21 approvals are not required, except as provided in this
22 section. Failure of the local governing body to make a
23 determination in writing within 90 days after a school board's
24 request or charter school governing body's request for a
25 determination of consistency shall be considered an approval
26 of the school board's application or charter school governing
27 body's application.
28 Section 4. This act shall take effect July 1, 2002.
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30
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