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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                                      CS/HB 1665, Second Engrossed



  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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                                      CS/HB 1665, Second Engrossed



  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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                                      CS/HB 1665, Second Engrossed



  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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                                      CS/HB 1665, Second Engrossed



  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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                                      CS/HB 1665, Second Engrossed



  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.

31


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                                      CS/HB 1665, Second Engrossed



  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.

29

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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                                      CS/HB 1665, Second Engrossed



  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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                                      CS/HB 1665, Second Engrossed



  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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                                      CS/HB 1665, Second Engrossed



  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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                                      CS/HB 1665, Second Engrossed



  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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                                      CS/HB 1665, Second Engrossed



  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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                                      CS/HB 1665, Second Engrossed



  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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                                      CS/HB 1665, Second Engrossed



  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).

30

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                                      CS/HB 1665, Second Engrossed



  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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                                      CS/HB 1665, Second Engrossed



  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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                                      CS/HB 1665, Second Engrossed



  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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                                      CS/HB 1665, Second Engrossed



  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.

28

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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                                      CS/HB 1665, Second Engrossed



  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.

31


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                                      CS/HB 1665, Second Engrossed



  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.


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                                      CS/HB 1665, Second Engrossed



  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


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                                      CS/HB 1665, Second Engrossed



  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


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                                      CS/HB 1665, Second Engrossed



  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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                                      CS/HB 1665, Second Engrossed



  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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                                      CS/HB 1665, Second Engrossed



  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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                                      CS/HB 1665, Second Engrossed



  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


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                                      CS/HB 1665, Second Engrossed



  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


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                                      CS/HB 1665, Second Engrossed



  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


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                                      CS/HB 1665, Second Engrossed



  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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                                      CS/HB 1665, Second Engrossed



  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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                                      CS/HB 1665, Second Engrossed



  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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                                      CS/HB 1665, Second Engrossed



  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


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                                      CS/HB 1665, Second Engrossed



  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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                                      CS/HB 1665, Second Engrossed



  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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                                      CS/HB 1665, Second Engrossed



  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


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                                      CS/HB 1665, Second Engrossed



  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

31


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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.

29

30

31


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