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CHAMBER ACTION |
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The Committee on Education K-20 recommends the following: |
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Committee Substitute |
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Remove the entire bill and insert: |
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A bill to be entitled |
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An act relating to charter schools; amending s. 1002.33, |
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F.S.; providing guiding principles; requiring an emphasis |
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on reading; requiring certain accountability measures; |
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authorizing community colleges to develop charter schools; |
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revising application requirements; requiring fiscal |
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projections in a charter application; extending the time |
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allowed for the State Board of Education to act on an |
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appeal; requiring auditors to provide notification of |
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certain financial conditions; providing additional |
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requirements for a charter school’s annual report; |
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eliminating limitations on the number of charter schools |
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per school district; creating the Charter School |
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Accountability and Funding Authority and providing |
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purpose, composition, and duties; eliminating a review |
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panel; revising provisions relating to the analysis of |
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charter school performance; amending ss. 1002.32 and |
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1011.68, F.S.; correcting cross references; amending s. |
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1013.62, F.S.; requiring the Charter School Accountability |
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and Funding Authority to recommend allocations of capital |
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outlay funds to charter schools; providing eligibility |
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criteria for funding; providing priorities; eliminating a |
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formula for providing allocations; providing an effective |
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date. |
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WHEREAS, in the 2002-2003 school year, Florida has 223 |
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charter schools educating approximately 51,000 Florida students, |
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with a projected increase of 117 additional charter schools in |
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the next school year, and |
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WHEREAS, this rate of growth is a dramatic increase over |
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the prior averages of 36 charter schools per year, and |
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WHEREAS, while charter schools are public schools, their |
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unique populations or small size mean that few of them are |
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eligible for inclusion in the state’s accountability system, |
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with only 38 of the 173 charter schools receiving a school |
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performance grade in 2002, and |
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WHEREAS, the issue of charter school accountability is of |
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the utmost importance at this time of budget constraints and |
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heightened awareness of public ethics, NOW, THEREFORE, |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Subsections (2), (5), (6), (7), (8), (9), (10), |
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(13), (21), (23), and (24) of section 1002.33, Florida Statutes, |
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are amended and present subsections (14) through (26) are |
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renumbered as subsections (13) through (25), respectively, to |
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read: |
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1002.33 Charter schools.-- |
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(2) GUIDING PRINCIPLES;PURPOSE.— |
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(a) Charter schools in Florida shall be guided by the |
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following principles: |
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1. Meet high standards of student achievement while |
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providing parents flexibility to choose among diverse |
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educational opportunities within the state’s public school |
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system. |
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2. Promote enhanced academic success and financial |
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efficiency by aligning responsibility with accountability. |
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3. Provide parents with sufficient information on whether |
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their child is reading at grade level and whether the child |
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gains at least a year’s worth of learning for every year spent |
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in the charter school.
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4. Provide an innovative and stable plan for capital |
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outlay funding. |
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(b)(a)Charter schools shall fulfill the following |
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purposes: |
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1. Improve student learning and academic achievement. |
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2. Increase learning opportunities for all students, with |
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special emphasis on low-performing students and reading. |
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3. Create new professional opportunities for teachers, |
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including ownership of the learning program at the school site. |
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4. Encourage the use of innovative learning methods. |
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5. Require the measurement of learning outcomes. |
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(c)(b)Charter schools may fulfill the following purposes: |
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1. Create innovative measurement tools. |
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2. Provide rigorous competition within the public school |
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district to stimulate continual improvement in all public |
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schools. |
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3. Expand the capacity of the public school system. |
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(5) SPONSOR; DUTIES.-- |
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(a)1.A district school board may sponsor a charter school |
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in the county over which the district school board has |
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jurisdiction. |
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2.(b)A state university may grant a charter to a lab |
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school created under s. 1002.32 and shall be considered to be |
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the school's sponsor. Such school shall be considered a charter |
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lab school. |
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(b)1.(c)The sponsor shall monitor and review the charter |
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school in its progress toward the goals established in the |
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charter. |
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2.(d)The sponsor shall monitor the revenues and |
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expenditures of the charter school. |
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3.(e)The sponsor may approve a charter for a charter |
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school before the applicant has secured space, equipment, or |
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personnel, if the applicant indicates approval is necessary for |
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it to raise working capital. |
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4.(f)The sponsor's policies shall not apply to a charter |
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school. |
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5.(g)TheAsponsor shall ensure that the charter is |
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innovative and consistent with the state education goals |
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established by s. 1000.03(5).
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6. The sponsor shall ensure that the charter school |
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participates in the state’s education accountability system and |
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shall use appropriate interventions and sanctions if a charter |
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school falls short of performance measures included in the |
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approved charter.
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A community college may work with the school district or school |
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districts in its designated service area to develop charter |
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schools that offer secondary education. These charter schools |
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must include an option for students to receive an associate |
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degree upon high school graduation. District school boards shall |
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cooperate with and assist the community college on the charter |
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application. Community college applications for charter schools |
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are not subject to the time deadlines outlined in subsection (6) |
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and may be approved by the district school board at any time |
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during the year. Community colleges shall not report FTE for any |
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students who receive FTE funding through the Florida Education |
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Finance Program.
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(6) APPLICATION PROCESS AND REVIEW.--Beginning September |
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1, 2003, applications are subject to the following requirements:
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(a) A person or entity wishing to open a charter school |
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shall prepare an application that: |
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1. Demonstrates how the school will use the guiding |
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principles and meet the statutorily defined purpose of a charter |
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school. |
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2. Provides a detailed curriculum plan that illustrates |
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how students will be provided services to attain the Sunshine |
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State Standards. |
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3. Contains goals and objectives for improving student |
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learning and measuring that improvement. These goals and |
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objectives must indicate how much academic improvement students |
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are expected to show each year, how success will be evaluated, |
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and the specific results to be attained through instruction. |
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4. Describes the reading curriculum and differentiated |
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strategies that will be used for students reading at grade level |
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or higher and a separate curriculum and strategies for students |
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who are reading below grade level. A sponsor shall deny a |
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charter if the school does not propose a reading curriculum that |
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is consistent with effective teaching strategies that are |
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grounded in scientifically based reading research. |
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5. Contains an annual financial plan for each year |
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requested by the charter for operation of the school for up to 5 |
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years. This plan must contain anticipated fund balances based on |
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revenue projections, a spending plan based on projected revenues |
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and expenses, and a description of controls that will safeguard |
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finances and projected enrollment trends. |
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(b)(a)A district school board shall receive and review |
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all applications for a charter school. A district school board |
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shall receive and consider charter school applications received |
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on or before September 1October 1of each calendar year for |
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charter schools to be opened at the beginning of the school |
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district's next school year, or to be opened at a time agreed to |
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by the applicant and the district school board. A district |
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school board may receive applications later than this date if it |
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chooses. A sponsor may not charge an applicant for a charter any |
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fee for the processing or consideration of an application, and a |
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sponsor may not base its consideration or approval of an |
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application upon the promise of future payment of any kind. |
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1. In order to facilitate an accurate budget projection |
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process, a district school board shall be held harmless for FTE |
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students who are not included in the FTE projection due to |
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approval of charter school applications after the FTE projection |
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deadline. In a further effort to facilitate an accurate budget |
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projection, within 15 calendar days after receipt of a charter |
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school application, a district school board or other sponsor |
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shall report to the Department of Education the name of the |
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applicant entity, the proposed charter school location, and its |
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projected FTE. |
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2. In order to ensure fiscal responsibility, an |
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application for a charter school shall include a full accounting |
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of expected assets, a projection of expected sources and amounts |
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of income, including income derived from projected student |
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enrollments and from community support, and an expense |
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projection that includes full accounting of the costs of |
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operation, including start-up costs. |
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3.2.A district school board shall by a majority vote |
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approve or deny an application no later than 60 calendar days |
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after the application is received, unless the district school |
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board and the applicant mutually agree to temporarily postpone |
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the vote to a specific date, at which time the district school |
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board shall by a majority vote approve or deny the application. |
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If the district school board fails to act on the application, |
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an applicant may appeal to the State Board of Education as |
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provided in paragraph (c)(b). If an application is denied, the |
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district school board shall, within 10 calendar days, articulate |
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in writing the specific reasons based upon good cause supporting |
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its denial of the charter application. |
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4.3.For budget projection purposes, the district school |
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board or other sponsor shall report to the Department of |
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Education the approval or denial of a charter application within |
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10 calendar days after such approval or denial. In the event of |
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approval, the report to the Department of Education shall |
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include the final projected FTE for the approved charter school. |
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5.4.Upon approval of a charter application, the initial |
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startup shall commence with the beginning of the public school |
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calendar for the district in which the charter is granted unless |
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the district school board allows a waiver of this provision for |
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good cause. |
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(c)(b)An applicant may appeal any denial of that |
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applicant's application or failure to act on an application to |
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the State Board of Education no later than 30 calendar days |
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after receipt of the district school board's decision or failure |
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to act and shall notify the district school board of its appeal. |
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Any response of the district school board shall be submitted to |
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the State Board of Education within 30 calendar days after |
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notification of the appeal. Upon receipt of notification from |
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the State Board of Education that a charter school applicant is |
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filing an appeal, the Commissioner of Education shall convene a |
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meeting of the Charter School Appeal Commission to study and |
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make recommendations to the State Board of Education regarding |
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its pending decision about the appeal. The commission shall |
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forward its recommendation to the state board no later than 7 |
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calendar days prior to the date on which the appeal is to be |
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heard. The State Board of Education shall by majority vote |
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accept or reject the decision of the district school board no |
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later than 9060calendar days after an appeal is filed in |
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accordance with State Board of Education rule. The Charter |
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School Appeal Commission may reject an appeal submission for |
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failure to comply with procedural rules governing the appeals |
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process. The rejection shall describe the submission errors. The |
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appellant may have up to 15 calendar days from notice of |
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rejection to resubmit an appeal that meets requirements of State |
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Board of Education rule. An application for appeal submitted |
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subsequent to such rejection shall be considered timely if the |
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original appeal was filed within 30 calendar days after receipt |
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of notice of the specific reasons for the district school |
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board's denial of the charter application. The State Board of |
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Education shall remand the application to the district school |
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board with its written decision that the district school board |
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approve or deny the application. The district school board shall |
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implement the decision of the State Board of Education. The |
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decision of the State Board of Education is not subject to the |
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provisions of the Administrative Procedure Act, chapter 120. |
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(d)(c)The district school board shall act upon the |
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decision of the State Board of Education within 30 calendar days |
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after it is received. The State Board of Education's decision is |
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a final action subject to judicial review. |
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(e)(d)1. A Charter School Appeal Commission is established |
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to assist the commissioner and the State Board of Education with |
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a fair and impartial review of appeals by applicants whose |
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charters have been denied or whose charter contracts have not |
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been renewed by their sponsors. |
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2. The Charter School Appeal Commission may receive copies |
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of the appeal documents forwarded to the State Board of |
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Education, review the documents, gather other applicable |
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information regarding the appeal, and make a written |
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recommendation to the commissioner. The recommendation must |
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state whether the appeal should be upheld or denied and include |
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the reasons for the recommendation being offered. The |
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commissioner shall forward the recommendation to the State Board |
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of Education no later than 7 calendar days prior to the date on |
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which the appeal is to be heard. The state board must consider |
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the commission's recommendation in making its decision, but is |
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not bound by the recommendation. The decision of the Charter |
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School Appeal Commission is not subject to the provisions of the |
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Administrative Procedure Act, chapter 120. |
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3. The commissioner shall appoint the members of the |
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Charter School Appeal Commission. Members shall serve without |
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compensation but may be reimbursed for travel and per diem |
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expenses in conjunction with their service. One-half of the |
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members must represent currently operating charter schools, and |
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one-half of the members must represent school districts. The |
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commissioner or a named designee shall chair the Charter School |
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Appeal Commission. |
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4. The chair shall convene meetings of the commission and |
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shall ensure that the written recommendations are completed and |
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forwarded in a timely manner. In cases where the commission |
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cannot reach a decision, the chair shall make the written |
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recommendation with justification, noting that the decision was |
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rendered by the chair. |
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5. Commission members shall thoroughly review the |
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materials presented to them from the appellant and the sponsor. |
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The commission may request information to clarify the |
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documentation presented to it. In the course of its review, the |
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commission may facilitate the postponement of an appeal in those |
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cases where additional time and communication may negate the |
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need for a formal appeal and both parties agree, in writing, to |
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postpone the appeal to the State Board of Education. A new date |
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certain for the appeal shall then be set based upon the rules |
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and procedures of the State Board of Education. Commission |
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members shall provide a written recommendation to the state |
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board as to whether the appeal should be upheld or denied. A |
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fact-based justification for the recommendation must be |
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included. The chair must ensure that the written recommendation |
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is submitted to the State Board of Education members no later |
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than 7 calendar days prior to the date on which the appeal is to |
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be heard. Both parties in the case shall also be provided a copy |
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of the recommendation. |
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(f)(e)The Department of Education may provide technical |
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assistance to an applicant upon written request. |
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(g)(f)In considering charter applications for a lab |
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school, a state university shall consult with the district |
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school board of the county in which the lab school is located. |
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The decision of a state university may be appealed pursuant to |
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the procedure established in this subsection. |
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(h)(g)The terms and conditions for the operation of a |
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charter school shall be set forth by the sponsor and the |
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applicant in a written contractual agreement, called a charter. |
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The sponsor shall not impose unreasonable rules or regulations |
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that violate the intent of giving charter schools greater |
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flexibility to meet educational goals. The applicant and sponsor |
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shall have 6 months in which to mutually agree to the provisions |
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of the charter. The Department of Education shall provide |
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mediation services for any dispute regarding this section |
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subsequent to the approval of a charter application and for any |
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dispute relating to the approved charter, except disputes |
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regarding charter school application denials. If the |
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Commissioner of Education determines that the dispute cannot be |
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settled through mediation, the dispute may be appealed to an |
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administrative law judge appointed by the Division of |
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Administrative Hearings. The administrative law judge may rule |
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on issues of equitable treatment of the charter school as a |
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public school, whether proposed provisions of the charter |
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violate the intended flexibility granted charter schools by |
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statute, or on any other matter regarding this section except a |
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charter school application denial, and shall award the |
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prevailing party reasonable attorney's fees and costs incurred |
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to be paid by the losing party. The costs of the administrative |
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hearing shall be paid by the party whom the administrative law |
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judge rules against. |
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(7) CHARTER.--The major issues involving the operation of |
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a charter school shall be considered in advance and written into |
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the charter. The charter shall be signed by the governing body |
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of the charter school and the sponsor, following a public |
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hearing to ensure community input. |
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(a) The charter shall address, and criteria for approval |
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of the charter shall be based on: |
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1. The school's mission, the students to be served, and |
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the ages and grades to be included. |
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2. The focus of the curriculum, the instructional methods |
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to be used, any distinctive instructional techniques to be |
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employed, and identification and acquisition of appropriate |
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technologies needed to improve educational and administrative |
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performance which include a means for promoting safe, ethical, |
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and appropriate uses of technology which comply with legal and |
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professional standards. The charter shall ensure that reading is |
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a primary focus of the curriculum and that resources are |
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provided to identify and provide specialized instruction for |
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students who are reading below grade level. The curriculum and |
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instructional strategies for reading must be consistent with the |
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Sunshine State Standards and grounded in scientifically based |
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reading research. |
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3. The current incoming baseline standard of student |
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academic achievement, the outcomes to be achieved, and the |
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method of measurement that will be used. The criteria listed in |
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this subparagraph shall include a detailed description for each |
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of the following: |
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a. How the baseline student academic achievement levels |
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and prior rates of academic progress will be established. |
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b. How these baseline rates will be compared to rates of |
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academic progress achieved by these same students while |
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attending the charter school. |
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c. To the extent possible, how these rates of progress |
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will be evaluated and compared with rates of progress of other |
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closely comparable student populations. |
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The district school board is required to provide academic |
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student performance data to charter schools for each of their |
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students coming from the district school system, as well as |
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rates of academic progress of comparable student populations in |
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the district school system. |
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4. The methods used to identify the educational strengths |
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and needs of students and how well educational goals and |
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performance standards are met by students attending the charter |
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school. Included in the methods is a means for the charter |
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school to ensure accountability to its constituents by analyzing |
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student performance data and by evaluating the effectiveness and |
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efficiency of its major educational programs. Students in |
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charter schools shall, at a minimum, participate in the |
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statewide assessment program created under s. 1008.22. |
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5. In secondary charter schools, a method for determining |
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that a student has satisfied the requirements for graduation in |
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s. 1003.43. |
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6. A method for resolving conflicts between the governing |
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body of the charter school and the sponsor. |
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7. The admissions procedures and dismissal procedures, |
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including the school's code of student conduct. |
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8. The ways by which the school will achieve a |
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racial/ethnic balance reflective of the community it serves or |
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within the racial/ethnic range of other public schools in the |
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same school district. |
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9. The financial and administrative management of the |
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school, including a reasonable demonstration of the professional |
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experience or competence of those individuals or organizations |
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applying to operate the charter school or those hired or |
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retained to perform such professional services and the |
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description of clearly delineated responsibilities and the |
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policies and practices needed to effectively manage the charter |
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school. A description of internal audit procedures and |
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establishment of controls to ensure that financial resources are |
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properly managed must be included. Both public sector and |
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private sector professional experience shall be equally valid in |
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such a consideration. |
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10. The asset and liability projections required in the |
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application which are incorporated into the charter and shall be |
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compared with information provided in the annual report of the |
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charter school. The charter shall ensure that, if a charter |
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school internal audit reveals a deficit financial position, the |
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auditors are required to notify the charter school governing |
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board, the sponsor, and the Department of Education. |
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11.10.A description of procedures that identify various |
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risks and provide for a comprehensive approach to reduce the |
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impact of losses; plans to ensure the safety and security of |
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students and staff; plans to identify, minimize, and protect |
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others from violent or disruptive student behavior; and the |
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manner in which the school will be insured, including whether or |
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not the school will be required to have liability insurance, |
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and, if so, the terms and conditions thereof and the amounts of |
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coverage. |
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12.11.The term of the charter which shall provide for |
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cancellation of the charter if insufficient progress has been |
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made in attaining the student achievement objectives of the |
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charter and if it is not likely that such objectives can be |
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achieved before expiration of the charter. The initial term of a |
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charter shall be for 3, 4, or 5 years. In order to facilitate |
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access to long-term financial resources for charter school |
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construction, charter schools that are operated by a |
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municipality or other public entity as provided by law are |
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eligible for up to a 15-year charter, subject to approval by the |
429
|
district school board. A charter lab school is eligible for a |
430
|
charter for a term of up to 15 years. In addition, to facilitate |
431
|
access to long-term financial resources for charter school |
432
|
construction, charter schools that are operated by a private, |
433
|
not-for-profit, s. 501(c)(3) status corporation are eligible for |
434
|
up to a 10-year charter, subject to approval by the district |
435
|
school board. Such long-term charters remain subject to annual |
436
|
review and may be terminated during the term of the charter, but |
437
|
only for specific good cause according to the provisions set |
438
|
forth in subsection (8). |
439
|
13.12.The facilities to be used and their location. |
440
|
14.13.The qualifications to be required of the teachers |
441
|
and the potential strategies used to recruit, hire, train, and |
442
|
retain qualified staff to achieve best value. |
443
|
15.14.The governance structure of the school, including |
444
|
the status of the charter school as a public or private employer |
445
|
as required in paragraph (12)(i). |
446
|
16.15.A timetable for implementing the charter which |
447
|
addresses the implementation of each element thereof and the |
448
|
date by which the charter shall be awarded in order to meet this |
449
|
timetable. |
450
|
17.16.In the case of an existing public school being |
451
|
converted to charter status, alternative arrangements for |
452
|
current students who choose not to attend the charter school and |
453
|
for current teachers who choose not to teach in the charter |
454
|
school after conversion in accordance with the existing |
455
|
collective bargaining agreement or district school board rule in |
456
|
the absence of a collective bargaining agreement. However, |
457
|
alternative arrangements shall not be required for current |
458
|
teachers who choose not to teach in a charter lab school, except |
459
|
as authorized by the employment policies of the state university |
460
|
which grants the charter to the lab school. |
461
|
(b) A charter may be renewed every 5 school years, |
462
|
provided that a program review demonstrates that the criteria in |
463
|
paragraph (a) have been successfully accomplished and that none |
464
|
of the grounds for nonrenewal established by paragraph (8)(a) |
465
|
has been documented. In order to facilitate long-term financing |
466
|
for charter school construction, charter schools operating for a |
467
|
minimum of 2 years and demonstrating exemplary academic |
468
|
programming and fiscal management are eligible for a 15-year |
469
|
charter renewal. Such long-term charter is subject to annual |
470
|
review and may be terminated during the term of the charter. |
471
|
(c) A charter may be modified during its initial term or |
472
|
any renewal term upon the recommendation of the sponsor or the |
473
|
charter school governing board and the approval of both parties |
474
|
to the agreement. |
475
|
(8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.-- |
476
|
(a) At the end of the term of a charter, the sponsor may |
477
|
choose not to renew the charter for any of the following |
478
|
grounds: |
479
|
1. Failure to participate in the state's education |
480
|
accountability system created in s. 1008.31, as required in this |
481
|
section, or failure tomeet the requirements for student |
482
|
performance stated in the charter. |
483
|
2. Failure to meet generally accepted standards of fiscal |
484
|
management. |
485
|
3. Violation of law. |
486
|
4. Other good cause shown. |
487
|
(b) During the term of a charter, the sponsor may |
488
|
terminate the charter for any of the grounds listed in paragraph |
489
|
(a). |
490
|
(c) At least 90 days prior to renewing or terminating a |
491
|
charter, the sponsor shall notify the governing body of the |
492
|
school of the proposed action in writing. The notice shall state |
493
|
in reasonable detail the grounds for the proposed action and |
494
|
stipulate that the school's governing body may, within 14 |
495
|
calendar days after receiving the notice, request an informal |
496
|
hearing before the sponsor. The sponsor shall conduct the |
497
|
informal hearing within 30 calendar days after receiving a |
498
|
written request. The charter school's governing body may, within |
499
|
14 calendar days after receiving the sponsor's decision to |
500
|
terminate or refuse to renew the charter, appeal the decision |
501
|
pursuant to the procedure established in subsection (6). |
502
|
(d) A charter may be terminated immediately if the sponsor |
503
|
determines that good cause has been shown or if the health, |
504
|
safety, or welfare of the students is threatened. The school |
505
|
district in which the charter school is located shall assume |
506
|
operation of the school under these circumstances. The charter |
507
|
school's governing board may, within 14 days after receiving the |
508
|
sponsor's decision to terminate the charter, appeal the decision |
509
|
pursuant to the procedure established in subsection (6). |
510
|
(e) When a charter is not renewed or is terminated, the |
511
|
school shall be dissolved under the provisions of law under |
512
|
which the school was organized, and any unencumbered public |
513
|
funds from the charter school shall revert to the district |
514
|
school board. In the event a charter school is dissolved or is |
515
|
otherwise terminated, all district school board property and |
516
|
improvements, furnishings, and equipment purchased with public |
517
|
funds shall automatically revert to full ownership by the |
518
|
district school board, subject to complete satisfaction of any |
519
|
lawful liens or encumbrances. Any unencumbered public funds from |
520
|
the charter school, district school board property and |
521
|
improvements, furnishings, and equipment purchased with public |
522
|
funds, or financial or other records pertaining to the charter |
523
|
school, in the possession of any person, entity, or holding |
524
|
company, other than the charter school, shall be held in trust |
525
|
upon the district school board's request, until any appeal |
526
|
status is resolved. |
527
|
(f) If a charter is not renewed or is terminated, the |
528
|
charter school is responsible for all debts of the charter |
529
|
school. The district may not assume the debt from any contract |
530
|
for services made between the governing body of the school and a |
531
|
third party, except for a debt that is previously detailed and |
532
|
agreed upon in writing by both the district and the governing |
533
|
body of the school and that may not reasonably be assumed to |
534
|
have been satisfied by the district. |
535
|
(g) If a charter is not renewed or is terminated, a |
536
|
student who attended the school may apply to, and shall be |
537
|
enrolled in, another public school. Normal application deadlines |
538
|
shall be disregarded under such circumstances. |
539
|
(9) CHARTER SCHOOL REQUIREMENTS.-- |
540
|
(a) A charter school shall be nonsectarian in its |
541
|
programs, admission policies, employment practices, and |
542
|
operations. |
543
|
(b) A charter school shall admit students as provided in |
544
|
subsection (10). |
545
|
(c) A charter school shall be accountable to its sponsor |
546
|
for performance as provided in subsection (7). |
547
|
(d) A charter school shall not charge tuition or |
548
|
registration fees, except those fees normally charged by other |
549
|
public schools. However, a charter lab school may charge a |
550
|
student activity and service fee as authorized by s. 1002.32(5). |
551
|
(e) A charter school shall meet all applicable state and |
552
|
local health, safety, and civil rights requirements. |
553
|
(f) A charter school shall not violate the |
554
|
antidiscrimination provisions of s. 1000.05. |
555
|
(g) A charter school shall provide for an annual financial |
556
|
audit in accordance with s. 218.39. |
557
|
(h) No organization shall hold more than 15 charters |
558
|
statewide. |
559
|
(i) In order to provide financial information that is |
560
|
comparable to that reported for other public schools, charter |
561
|
schools are to maintain all financial records which constitute |
562
|
their accounting system: |
563
|
1. In accordance with the accounts and codes prescribed in |
564
|
the most recent issuance of the publication titled "Financial |
565
|
and Program Cost Accounting and Reporting for Florida Schools"; |
566
|
or |
567
|
2. At the discretion of the charter school governing |
568
|
board, a charter school may elect to follow generally accepted |
569
|
accounting standards for not-for-profit organizations, but must |
570
|
reformat this information for reporting according to this |
571
|
paragraph. |
572
|
|
573
|
Charter schools are to provide annual financial report and |
574
|
program cost report information in the state-required formats |
575
|
for inclusion in district reporting in compliance with s. |
576
|
1011.60(1). Charter schools that are operated by a municipality |
577
|
or are a component unit of a parent nonprofit organization may |
578
|
use the accounting system of the municipality or the parent but |
579
|
must reformat this information for reporting according to this |
580
|
paragraph. |
581
|
(j) The governing board of the charter school shall |
582
|
annually adopt and maintain an operating budget. |
583
|
(k) The governing body of the charter school shall |
584
|
exercise continuing oversight over charter school operations and |
585
|
make annual progress reports to its sponsor, which upon |
586
|
verification shall be forwarded to the Commissioner of Education |
587
|
at the same time as other annual school accountability reports. |
588
|
The report shall contain at least the following information: |
589
|
(l) The governing body of the charter school shall report |
590
|
its progress annually to its sponsor, which shall verify and |
591
|
forward the report to the Commissioner of Education at the same |
592
|
time as other annual school accountability reports. The |
593
|
Department of Education shall consult with the Charter School |
594
|
Accountability and Funding Authority to provide suggested |
595
|
guidelines and a format or template for the annual report. The |
596
|
department shall include in its compilation a notation that the |
597
|
school failed to file its report by the established deadline. |
598
|
The guidelines shall include at least the following components:
|
599
|
1. Student achievement performance data, including the |
600
|
information required for the annual school report and the |
601
|
education accountability system governed by ss. 1008.31 and |
602
|
1008.345. Charter schools are subject to the same accountability |
603
|
requirements as other public schools, including reports of |
604
|
student achievement information that links baseline student data |
605
|
to the school’s performance projections identified in the |
606
|
charter. The charter school shall identify reasons for any |
607
|
difference between projected and actual student performanceThe |
608
|
charter school's progress toward achieving the goals outlined in |
609
|
its charter. |
610
|
2. Financial status of the charter school, according to |
611
|
guidelines recommended by the Charter School Accountability and |
612
|
Funding Authority and provided by the Department of Education. |
613
|
The guidelines must include revenues and expenditures at a level |
614
|
of detail that allows for analysis of the ability to meet |
615
|
financial obligations and timely repayment of debtThe |
616
|
information required in the annual school report pursuant to s. |
617
|
1008.345. |
618
|
3. Documentation of the facilities in current use and any |
619
|
planned facilities for use by the charter school for instruction |
620
|
of students, administrative functions, or investment purposes |
621
|
Financial records of the charter school, including revenues and |
622
|
expenditures. |
623
|
4. Descriptive information about the charter school's |
624
|
personnel, includingsalary and benefit levels of charter school |
625
|
employees and the proportion of instructional personnel who hold |
626
|
professional or temporary certificates. |
627
|
(m)(l)A charter school shall not levy taxes or issue |
628
|
bonds secured by tax revenues. |
629
|
(n)(m)A charter school shall provide instruction for at |
630
|
least the number of days required by law for other public |
631
|
schools, and may provide instruction for additional days. |
632
|
(10) ELIGIBLE STUDENTS.-- |
633
|
(a) A charter school shall be open to any student covered |
634
|
in an interdistrict agreement or residing in the school district |
635
|
in which the charter school is located; however, in the case of |
636
|
a charter lab school, the charter lab school shall be open to |
637
|
any student eligible to attend the lab school as provided in s. |
638
|
1002.32 or who resides in the school district in which the |
639
|
charter lab school is located. Any eligible student shall be |
640
|
allowed interdistrict transfer to attend a charter school when |
641
|
based on good cause. |
642
|
(b) The charter school shall enroll an eligible student |
643
|
who submits a timely application, unless the number of |
644
|
applications exceeds the capacity of a program, class, grade |
645
|
level, or building. In such case, all applicants shall have an |
646
|
equal chance of being admitted through a random selection |
647
|
process. |
648
|
(c) When a public school converts to charter status, |
649
|
enrollment preference shall be given to students who would have |
650
|
otherwise attended that public school. |
651
|
(d) A charter school may give enrollment preference to the |
652
|
following student populations: |
653
|
1. Students who are siblings of a student enrolled in the |
654
|
charter school. |
655
|
2. Students who are the children of a member of the |
656
|
governing board of the charter school. |
657
|
3. Students who are the children of an employee of the |
658
|
charter school. |
659
|
(e) A charter school may limit the enrollment process only |
660
|
to target the following student populations: |
661
|
1. Students within specific age groups or grade levels. |
662
|
2. Students considered at risk of dropping out of school |
663
|
or academic failure. Such students shall include exceptional |
664
|
education students. |
665
|
3. Students enrolling in a charter school-in-the-workplace |
666
|
or charter school-in-a-municipality established pursuant to |
667
|
subsection (15)(16). |
668
|
4. Students residing within a reasonable distance of the |
669
|
charter school, as described in paragraph (20)(21)(c). Such |
670
|
students shall be subject to a random lottery and to the |
671
|
racial/ethnic balance provisions described in subparagraph |
672
|
(7)(a)8. or any federal provisions that require a school to |
673
|
achieve a racial/ethnic balance reflective of the community it |
674
|
serves or within the racial/ethnic range of other public schools |
675
|
in the same school district. |
676
|
5. Students who meet reasonable academic, artistic, or |
677
|
other eligibility standards established by the charter school |
678
|
and included in the charter school application and charter or, |
679
|
in the case of existing charter schools, standards that are |
680
|
consistent with the school's mission and purpose. Such standards |
681
|
shall be in accordance with current state law and practice in |
682
|
public schools and may not discriminate against otherwise |
683
|
qualified individuals. |
684
|
6. Students articulating from one charter school to |
685
|
another pursuant to an articulation agreement between the |
686
|
charter schools that has been approved by the sponsor. |
687
|
(f) Students with handicapping conditions and students |
688
|
served in English for Speakers of Other Languages programs shall |
689
|
have an equal opportunity of being selected for enrollment in a |
690
|
charter school. |
691
|
(g) A student may withdraw from a charter school at any |
692
|
time and enroll in another public school as determined by |
693
|
district school board rule. |
694
|
(h) The capacity of the charter school shall be determined |
695
|
annually by the governing board, in conjunction with the |
696
|
sponsor, of the charter school in consideration of the factors |
697
|
identified in this subsection. |
698
|
(13) NUMBER OF SCHOOLS.—
|
699
|
(a) The number of newly created charter schools is limited |
700
|
to no more than 28 in each school district that has 100,000 or |
701
|
more students, no more than 20 in each school district that has |
702
|
50,000 to 99,999 students, and no more than 12 in each school |
703
|
district with fewer than 50,000 students.
|
704
|
(b) An existing public school which converts to a charter |
705
|
school shall not be counted toward the limit established by |
706
|
paragraph (a). |
707
|
(c) Notwithstanding any limit established by this |
708
|
subsection, a district school board or a charter school |
709
|
applicant shall have the right to request an increase of the |
710
|
limit on the number of charter schools authorized to be |
711
|
established within the district from the State Board of |
712
|
Education. |
713
|
(d) Whenever a municipality has submitted charter |
714
|
applications for the establishment of a charter school feeder |
715
|
pattern (elementary, middle, and senior high schools), and upon |
716
|
approval of each individual charter application by the district |
717
|
school board, such applications shall then be designated as one |
718
|
charter school for all purposes listed pursuant to this section. |
719
|
(20)(21)SERVICES.-- |
720
|
(a) A sponsor shall provide certain administrative and |
721
|
educational services to charter schools. These services shall |
722
|
include contract management services, full-time equivalent and |
723
|
data reporting services, exceptional student education |
724
|
administration services, test administration services, |
725
|
processing of teacher certificate data services, and information |
726
|
services. Any administrative fee charged by the sponsor for the |
727
|
provision of services shall be limited to 5 percent of the |
728
|
available funds defined in paragraph (17)(18)(b). |
729
|
(b) If goods and services are made available to the |
730
|
charter school through the contract with the school district, |
731
|
they shall be provided to the charter school at a rate no |
732
|
greater than the district's actual cost. To maximize the use of |
733
|
state funds, school districts shall allow charter schools to |
734
|
participate in the sponsor's bulk purchasing program if |
735
|
applicable. |
736
|
(c) Transportation of charter school students shall be |
737
|
provided by the charter school consistent with the requirements |
738
|
of subpart I.e. of chapter 1006. The governing body of the |
739
|
charter school may provide transportation through an agreement |
740
|
or contract with the district school board, a private provider, |
741
|
or parents. The charter school and the sponsor shall cooperate |
742
|
in making arrangements that ensure that transportation is not a |
743
|
barrier to equal access for all students residing within a |
744
|
reasonable distance of the charter school as determined in its |
745
|
charter. |
746
|
(22)(23) CHARTER SCHOOL ACCOUNTABILITY AND FUNDING |
747
|
AUTHORITY;REVIEW PANEL ANDLEGISLATIVE REVIEW.— |
748
|
(a) The Department of Education shall regularly convene a |
749
|
Charter School Accountability and Funding AuthorityReview Panel |
750
|
in order to evaluate compliance with the guiding principles in |
751
|
subsection (2) and performance accountability of charter schools |
752
|
and to oversee funding as required by s. 1013.62review issues, |
753
|
practices, and policies regarding charter schools. |
754
|
1. The composition of the authorityreview panelshall |
755
|
include individuals with experience in finance, administration, |
756
|
law, education, and school governance, and individuals familiar |
757
|
with charter school construction and operation. No current |
758
|
charter school operator or sponsor shall be a member of the |
759
|
authority. The authoritypanelshall include two appointees each |
760
|
from the Commissioner of Education, the President of the Senate, |
761
|
and the Speaker of the House of Representatives. The Governor |
762
|
shall appoint three members of the authoritypanel and shall |
763
|
annually designate the chair. The members of the authority shall |
764
|
serve 3-year staggered terms and shall be eligible for |
765
|
reappointmentEach member of the panel shall serve a 1-year |
766
|
term, unless renewed by the office making the appointment. |
767
|
2. The Charter School Accountability and Funding Authority |
768
|
panel shall make recommendations to the Legislature, to the |
769
|
State BoardDepartmentof Education, to charter schools, and to |
770
|
school districts onfor improving charter school operations,and |
771
|
oversight and for ensuring best business practices atand fair |
772
|
business relationships, and distributing facilities fundingwith |
773
|
charter schools. |
774
|
3. Annually, the Charter School Accountability and Funding |
775
|
Authority shall recommend an allocation for charter schools |
776
|
capital outlay funding as required by this section. The |
777
|
authority shall determine the priorities based on an analysis of |
778
|
the charter school’s compliance with the guiding principles in |
779
|
subsection (2) and the charter school’s previous years of |
780
|
operation, including, but not limited to, the following |
781
|
criteria: |
782
|
a. The charter school’s need for permanent construction |
783
|
related to the size and mission of the school. |
784
|
b. The financial stability of the charter school. |
785
|
c. Parental satisfaction.
|
786
|
d. Improved student performance.
|
787
|
e. Accreditation by the Commission on Schools of the |
788
|
Southern Association of Colleges and Schools. |
789
|
f. Other appropriate accountability and performance data.
|
790
|
(b) The Legislature shall review the operation of charter |
791
|
schools during the 2005 Regular Session of the Legislature. |
792
|
(23)(24)ANALYSIS OF CHARTER SCHOOL PERFORMANCE.--Upon |
793
|
receipt of the annual report required by paragraph (9)(l)(9)(k), |
794
|
the Department of Education shall provide to the State Board of |
795
|
Education, the Commissioner of Education, the Governor,the |
796
|
President of the Senate, andthe Speaker of the House of |
797
|
Representatives, and the Charter School Accountability and |
798
|
Funding Authorityan analysis and comparison of the overall |
799
|
performance of charter school students, to include all students |
800
|
whose scores are counted as part of the statewide assessment |
801
|
program, versus comparable public school students in the |
802
|
district as determined by the statewide assessment program |
803
|
currently administered in the school district, and other |
804
|
assessments administered pursuant to s. 1008.22(3). If a charter |
805
|
school is required to prepare a performance improvement plan, |
806
|
the Department of Education shall immediately report that |
807
|
charter school to the Charter School Accountability and Funding |
808
|
Authority. |
809
|
Section 2. Subsection (2) and paragraph (h) of subsection |
810
|
(9) of section 1002.32, Florida Statutes, are amended to read: |
811
|
1002.32 Developmental research (laboratory) schools.-- |
812
|
(2) ESTABLISHMENT.--There is established a category of |
813
|
public schools to be known as developmental research |
814
|
(laboratory) schools (lab schools). Each lab school shall |
815
|
provide sequential instruction and shall be affiliated with the |
816
|
college of education within the state university of closest |
817
|
geographic proximity. A lab school to which a charter has been |
818
|
issued under s. 1002.33(5)(a)2.(5)(b)must be affiliated with |
819
|
the college of education within the state university that issued |
820
|
the charter, but is not subject to the requirement that the |
821
|
state university be of closest geographic proximity. For the |
822
|
purpose of state funding, Florida Agricultural and Mechanical |
823
|
University, Florida Atlantic University, Florida State |
824
|
University, the University of Florida, and other universities |
825
|
approved by the State Board of Education and the Legislature are |
826
|
authorized to sponsor a lab schoolone or more lab schools. |
827
|
(9) FUNDING.--Funding for a lab school, including a |
828
|
charter lab school, shall be provided as follows: |
829
|
(h) A lab school to which a charter has been issued under |
830
|
s. 1002.33(5)(a)2.(5)(b)is eligible to receive funding for |
831
|
charter school capital outlay if it meets the eligibility |
832
|
requirements of s. 1013.62. If the lab school receives funds |
833
|
from charter school capital outlay, the school shall receive |
834
|
capital outlay funds otherwise provided in this subsection only |
835
|
to the extent that funds allocated pursuant to s. 1013.62 are |
836
|
insufficient to provide capital outlay funds to the lab school |
837
|
at one-fifteenth of the cost per student station. |
838
|
Section 3. Section 1011.68, Florida Statutes, is amended |
839
|
to read: |
840
|
1011.68 Funds for student transportation.--The annual |
841
|
allocation to each district for transportation to public school |
842
|
programs, including charter schools as provided in s. |
843
|
1002.33(17)(18)(b), of students in membership in kindergarten |
844
|
through grade 12 and in migrant and exceptional student programs |
845
|
below kindergarten shall be determined as follows: |
846
|
(1) Subject to the rules of the State Board of Education, |
847
|
each district shall determine the membership of students who are |
848
|
transported: |
849
|
(a) By reason of living 2 miles or more from school. |
850
|
(b) By reason of being students with disabilities or |
851
|
enrolled in a teenage parent program, regardless of distance to |
852
|
school. |
853
|
(c) By reason of being in a state prekindergarten program, |
854
|
regardless of distance from school. |
855
|
(d) By reason of being career and technical, dual |
856
|
enrollment, or students with disabilities transported from one |
857
|
school center to another to participate in an instructional |
858
|
program or service; or students with disabilities, transported |
859
|
from one designation to another in the state, provided one |
860
|
designation is a school center and provided the student's |
861
|
individual educational plan (IEP) identifies the need for the |
862
|
instructional program or service and transportation to be |
863
|
provided by the school district. A "school center" is defined as |
864
|
a public school center, community college, state university, or |
865
|
other facility rented, leased, or owned and operated by the |
866
|
school district or another public agency. A "dual enrollment |
867
|
student" is defined as a public school student in membership in |
868
|
both a public secondary school program and a community college |
869
|
or a state university program under a written agreement to |
870
|
partially fulfill ss. 1003.435 and 1007.23 and earning full-time |
871
|
equivalent membership under s. 1011.62(1)(i). |
872
|
(e) With respect to elementary school students whose grade |
873
|
level does not exceed grade 6, by reason of being subjected to |
874
|
hazardous walking conditions en route to or from school as |
875
|
provided in s. 1006.23. Such rules shall, when appropriate, |
876
|
provide for the determination of membership under this paragraph |
877
|
for less than 1 year to accommodate the needs of students who |
878
|
require transportation only until such hazardous conditions are |
879
|
corrected. |
880
|
(f) By reason of being a pregnant student or student |
881
|
parent, and the child of a student parent as provided in s. |
882
|
1003.54, regardless of distance from school. |
883
|
(2) The allocation for each district shall be calculated |
884
|
annually in accordance with the following formula: |
885
|
|
886
|
T = B + EX. The elements of this formula are defined as follows: |
887
|
T is the total dollar allocation for transportation. B is the |
888
|
base transportation dollar allocation prorated by an adjusted |
889
|
student membership count. The adjusted membership count shall be |
890
|
derived from a multiplicative index function in which the base |
891
|
student membership is adjusted by multiplying it by index |
892
|
numbers that individually account for the impact of the price |
893
|
level index, average bus occupancy, and the extent of rural |
894
|
population in the district. EX is the base transportation dollar |
895
|
allocation for disabled students prorated by an adjusted |
896
|
disabled student membership count. The base transportation |
897
|
dollar allocation for disabled students is the total state base |
898
|
disabled student membership count weighted for increased costs |
899
|
associated with transporting disabled students and multiplying |
900
|
it by the prior year's average per student cost for |
901
|
transportation. The adjusted disabled student membership count |
902
|
shall be derived from a multiplicative index function in which |
903
|
the weighted base disabled student membership is adjusted by |
904
|
multiplying it by index numbers that individually account for |
905
|
the impact of the price level index, average bus occupancy, and |
906
|
the extent of rural population in the district. Each adjustment |
907
|
factor shall be designed to affect the base allocation by no |
908
|
more or less than 10 percent. |
909
|
(3) The total allocation to each district for |
910
|
transportation of students shall be the sum of the amounts |
911
|
determined in subsection (2). If the funds appropriated for the |
912
|
purpose of implementing this section are not sufficient to pay |
913
|
the base transportation allocation and the base transportation |
914
|
allocation for disabled students, the Department of Education |
915
|
shall prorate the available funds on a percentage basis. If the |
916
|
funds appropriated for the purpose of implementing this section |
917
|
exceed the sum of the base transportation allocation and the |
918
|
base transportation allocation for disabled students, the base |
919
|
transportation allocation for disabled students shall be limited |
920
|
to the amount calculated in subsection (2), and the remaining |
921
|
balance shall be added to the base transportation allocation. |
922
|
(4) No district shall use funds to purchase transportation |
923
|
equipment and supplies at prices which exceed those determined |
924
|
by the department to be the lowest which can be obtained, as |
925
|
prescribed in s. 1006.27(1). |
926
|
(5) Funds allocated or apportioned for the payment of |
927
|
student transportation services may be used to pay for |
928
|
transportation of students to and from school on local general |
929
|
purpose transportation systems. Student transportation funds may |
930
|
also be used to pay for transportation of students to and from |
931
|
school in private passenger cars and boats when the |
932
|
transportation is for isolated students, or students with |
933
|
disabilities as defined by rule. Subject to the rules of the |
934
|
State Board of Education, each school district shall determine |
935
|
and report the number of assigned students using general purpose |
936
|
transportation private passenger cars and boats. The allocation |
937
|
per student must be equal to the allocation per student riding a |
938
|
school bus. |
939
|
(6) Notwithstanding other provisions of this section, in |
940
|
no case shall any student or students be counted for |
941
|
transportation funding more than once per day. This provision |
942
|
includes counting students for funding pursuant to trips in |
943
|
school buses, passenger cars, or boats or general purpose |
944
|
transportation. |
945
|
(7) Any funds received by a school district under this |
946
|
section that are not required to transport students may, at the |
947
|
discretion of the district school board, be transferred to the |
948
|
district's Florida Education Finance Program. |
949
|
Section 4. Section 1013.62, Florida Statutes, is amended |
950
|
to read: |
951
|
1013.62 Charter schools capital outlay funding.-- |
952
|
(1) In each year in which funds are appropriated for |
953
|
charter school capital outlay purposes, the Commissioner of |
954
|
Education shall allocate the funds among eligible charter |
955
|
schools. The commissioner shall allocate the funds based on |
956
|
recommendations provided by the Charter School Accountability |
957
|
and Funding Authority.To be eligible for a funding allocation, |
958
|
a charter school must:
|
959
|
(a) Have been in operation for 3 or more years;
|
960
|
(b) Be an expansion or expanded feeder chain of a charter |
961
|
school currently receiving charter school capital outlay funds; |
962
|
or
|
963
|
(c) Have been accredited by the Commission on Schools of |
964
|
the Southern Association of Colleges and Schools.meet the |
965
|
provisions of subsection (6),
|
966
|
|
967
|
In addition, a charter schoolmust have received final approval |
968
|
from its sponsor pursuant to s. 1002.33 for operation during |
969
|
that fiscal year, and must serve students in facilities that are |
970
|
not provided by the charter school's sponsor.
|
971
|
(2)Prior to the release of capital outlay funds to a |
972
|
school district on behalf of the charter school, the Department |
973
|
of Education shall ensure that the district school board and the |
974
|
charter school governing board enter into a written agreement |
975
|
that includes provisions for the reversion of any unencumbered |
976
|
funds and all equipment and property purchased with public |
977
|
education funds to the ownership of the district school board, |
978
|
as provided for in subsection (3), in the event that the school |
979
|
terminates operations. Any funds recovered by the state shall be |
980
|
deposited in the General Revenue Fund. A charter school is not |
981
|
eligible for a funding allocation if it was created by the |
982
|
conversion of a public school and operates in facilities |
983
|
provided by the charter school's sponsor for a nominal fee or at |
984
|
no charge or if it is directly or indirectly operated by the |
985
|
school district. Unless otherwise provided in the General |
986
|
Appropriations Act, the funding allocation for each eligible |
987
|
charter school shall be determined by multiplying the school's |
988
|
projected student enrollment by one-fifteenth of the cost-per- |
989
|
student station specified in s. 1013.64(6)(b) for an elementary, |
990
|
middle, or high school, as appropriate. If the funds |
991
|
appropriated are not sufficient, the commissioner shall prorate |
992
|
the available funds among eligible charter schools. Funds shall |
993
|
be distributed on the basis of the capital outlay full-time |
994
|
equivalent membership by grade level, which shall be calculated |
995
|
by averaging the results of the second and third enrollment |
996
|
surveys.The Department of Education shall distribute capital |
997
|
outlay funds monthly, beginning in the first quarter of the |
998
|
fiscal year, based on one-twelfth of the amount the department |
999
|
reasonably expects the charter school to receive during that |
1000
|
fiscal year. The commissioner shall adjust subsequent |
1001
|
distributions as necessary to reflect each charter school's |
1002
|
actual student enrollment as reflected in the second and third |
1003
|
enrollment surveys. The commissioner shall establish the |
1004
|
intervals and procedures for determining the projected and |
1005
|
actual student enrollment of eligible charter schools. |
1006
|
(3) Annually, the Charter School Accountability and |
1007
|
Funding Authority shall recommend an allocation for charter |
1008
|
schools capital outlay funding as required by this section. The |
1009
|
authority shall determine the priorities based on the charter |
1010
|
school’s compliance with the guiding principles in s. 1002.33(2) |
1011
|
and an analysis of the charter school’s previous years of |
1012
|
operation, including, but not limited to, the following |
1013
|
criteria: |
1014
|
(a) The charter school’s need for permanent construction |
1015
|
related to the size and mission of the school. |
1016
|
(b) The financial stability of the charter school. |
1017
|
(c) Parental satisfaction.
|
1018
|
(d) Improved student performance.
|
1019
|
(e) Accreditation by the Commission on Schools of the |
1020
|
Southern Association of Colleges and Schools. |
1021
|
(f) Other appropriate accountability and performance data.
|
1022
|
(4)(2)A charter school's governing body may use charter |
1023
|
school capital outlay funds for any capital outlay purpose that |
1024
|
is directly related to the functioning of the charter school, |
1025
|
including the: |
1026
|
(a) Purchase of real property. |
1027
|
(b) Construction, renovation, repair, and maintenance of |
1028
|
school facilities. |
1029
|
(c) Purchase, lease-purchase, or lease of permanent or |
1030
|
relocatable school facilities. |
1031
|
(d) Purchase of vehicles to transport students to and from |
1032
|
the charter school. |
1033
|
(5)(3)When a charter school is nonrenewed or terminated, |
1034
|
any unencumbered funds and all equipment and property purchased |
1035
|
with district public funds shall revert to the ownership of the |
1036
|
district school board, as provided for in s. 1002.33(8)(e) and |
1037
|
(f). In the case of a charter lab school, any unencumbered funds |
1038
|
and all equipment and property purchased with university public |
1039
|
funds shall revert to the ownership of the state university that |
1040
|
issued the charter. The reversion of such equipment, property, |
1041
|
and furnishings shall focus on recoverable assets, but not on |
1042
|
intangible or irrecoverable costs such as rental or leasing |
1043
|
fees, normal maintenance, and limited renovations. The reversion |
1044
|
of all property secured with public funds is subject to the |
1045
|
complete satisfaction of all lawful liens or encumbrances. If |
1046
|
there are additional local issues such as the shared use of |
1047
|
facilities or partial ownership of facilities or property, these |
1048
|
issues shall be agreed to in the charter contract prior to the |
1049
|
expenditure of funds. |
1050
|
(6)(4)The Commissioner of Education shall specify |
1051
|
procedures for submitting and approving requests for funding |
1052
|
under this section and procedures for documenting expenditures. |
1053
|
(7)(5)The annual legislative budget request of the |
1054
|
Department of Education shall include a request for capital |
1055
|
outlay funding for charter schools. The request shall be based |
1056
|
on the projected number of students to be served in charter |
1057
|
schools who meet the eligibility requirements of this section. A |
1058
|
dedicated funding source, if identified in writing by the |
1059
|
Commissioner of Education and submitted along with the annual |
1060
|
charter school legislative budget request, may be considered an |
1061
|
additional source of funding. |
1062
|
(8)(6)Unless authorized otherwise by the Legislature, |
1063
|
allocation and proration of charter school capital outlay funds |
1064
|
shall be made to eligible charter schools by the Commissioner of |
1065
|
Education in an amount and in a manner as recommended by the |
1066
|
Charter School Accountability and Funding Authorityauthorized |
1067
|
by subsection (1). |
1068
|
Section 5. This act shall take effect September 1, 2003. |