HOUSE AMENDMENT Bill No. CS/CS/SB 2242
1	CHAMBER ACTION
2	Senate House
3	.
4	.
5	.
6
7
8
9
10
11
12	Representative Baxley offered the following:
13
14	Amendment (with title amendment)
15	Remove everything after the enacting clause, and insert:
16	Section 1. Subsections (2), (5), (6), (7), (8), (9), (10),
17	(13), (21), and (24) of section 1002.33, Florida Statutes, are
18	amended and present subsections (14) through (26) are renumbered
19	as subsections (13) through (25), respectively, to read:
20	1002.33 Charter schools.--
21	(2) GUIDING PRINCIPLES;PURPOSE.--
22	(a) Charter schools in Florida shall be guided by the
23	following principles:
24	1. Meet high standards of student achievement while
25	providing parents flexibility to choose among diverse
26	educational opportunities within the state’s public school
27	system.
28
29	2. Promote enhanced academic success and financial
30	efficiency by aligning responsibility with accountability.
31	3. Provide parents with sufficient information on whether
32	their child is reading at grade level and whether the child
33	gains at least a year’s worth of learning for every year spent
34	in the charter school.
35	(b)(a)Charter schools shall fulfill the following
36	purposes:
37	1. Improve student learning and academic achievement.
38	2. Increase learning opportunities for all students, with
39	special emphasis on low-performing students and reading.
40	3. Create new professional opportunities for teachers,
41	including ownership of the learning program at the school site.
42	4. Encourage the use of innovative learning methods.
43	5. Require the measurement of learning outcomes.
44	(c)(b)Charter schools may fulfill the following purposes:
45	1. Create innovative measurement tools.
46	2. Provide rigorous competition within the public school
47	district to stimulate continual improvement in all public
48	schools.
49	3. Expand the capacity of the public school system.
50	(5) SPONSOR; DUTIES.--
51	(a) Sponsoring entities.--
52	1.A district school board may sponsor a charter school in
53	the county over which the district school board has
54	jurisdiction.
55	2.(b)A state university may grant a charter to a lab
56	school created under s. 1002.32 and shall be considered to be
57	the school's sponsor. Such school shall be considered a charter
58	lab school.
59	(b) Sponsor duties.--
60	1.(c)The sponsor shall monitor and review the charter
61	school in its progress toward the goals established in the
62	charter.
63	2.(d)The sponsor shall monitor the revenues and
64	expenditures of the charter school.
65	3.(e)The sponsor may approve a charter for a charter
66	school before the applicant has secured space, equipment, or
67	personnel, if the applicant indicates approval is necessary for
68	it to raise working capital.
69	4.(f)The sponsor's policies shall not apply to a charter
70	school.
71	5.(g)TheAsponsor shall ensure that the charter is
72	innovative and consistent with the state education goals
73	established by s. 1000.03(5).
74	6. The sponsor shall ensure that the charter school
75	participates in the state’s education accountability system. If
76	a charter school falls short of performance measures included in
77	the approved charter, the sponsor shall report such shortcomings
78	to the Department of Education.
79
80	A community college may work with the school district or school
81	districts in its designated service area to develop charter
82	schools that offer secondary education. These charter schools
83	must include an option for students to receive an associate
84	degree upon high school graduation. District school boards shall
85	cooperate with and assist the community college on the charter
86	application. Community college applications for charter schools
87	are not subject to the time deadlines outlined in subsection (6)
88	and may be approved by the district school board at any time
89	during the year. Community colleges shall not report FTE for any
90	students who receive FTE funding through the Florida Education
91	Finance Program.
92	(6) APPLICATION PROCESS AND REVIEW.--Beginning September
93	1, 2003, applications are subject to the following requirements:
94	(a) A person or entity wishing to open a charter school
95	shall prepare an application that:
96	1. Demonstrates how the school will use the guiding
97	principles and meet the statutorily defined purpose of a charter
98	school.
99	2. Provides a detailed curriculum plan that illustrates
100	how students will be provided services to attain the Sunshine
101	State Standards.
102	3. Contains goals and objectives for improving student
103	learning and measuring that improvement. These goals and
104	objectives must indicate how much academic improvement students
105	are expected to show each year, how success will be evaluated,
106	and the specific results to be attained through instruction.
107	4. Describes the reading curriculum and differentiated
108	strategies that will be used for students reading at grade level
109	or higher and a separate curriculum and strategies for students
110	who are reading below grade level. A sponsor shall deny a
111	charter if the school does not propose a reading curriculum that
112	is consistent with effective teaching strategies that are
113	grounded in scientifically based reading research.
114	5. Contains an annual financial plan for each year
115	requested by the charter for operation of the school for up to 5
116	years. This plan must contain anticipated fund balances based on
117	revenue projections, a spending plan based on projected revenues
118	and expenses, and a description of controls that will safeguard
119	finances and projected enrollment trends.
120	(b)(a)A district school board shall receive and review
121	all applications for a charter school. A district school board
122	shall receive and consider charter school applications received
123	on or before September 1October 1of each calendar year for
124	charter schools to be opened at the beginning of the school
125	district's next school year, or to be opened at a time agreed to
126	by the applicant and the district school board. A district
127	school board may receive applications later than this date if it
128	chooses. A sponsor may not charge an applicant for a charter any
129	fee for the processing or consideration of an application, and a
130	sponsor may not base its consideration or approval of an
131	application upon the promise of future payment of any kind.
132	1. In order to facilitate an accurate budget projection
133	process, a district school board shall be held harmless for FTE
134	students who are not included in the FTE projection due to
135	approval of charter school applications after the FTE projection
136	deadline. In a further effort to facilitate an accurate budget
137	projection, within 15 calendar days after receipt of a charter
138	school application, a district school board or other sponsor
139	shall report to the Department of Education the name of the
140	applicant entity, the proposed charter school location, and its
141	projected FTE.
142	2. In order to ensure fiscal responsibility, an
143	application for a charter school shall include a full accounting
144	of expected assets, a projection of expected sources and amounts
145	of income, including income derived from projected student
146	enrollments and from community support, and an expense
147	projection that includes full accounting of the costs of
148	operation, including start-up costs.
149	3.2.A district school board shall by a majority vote
150	approve or deny an application no later than 60 calendar days
151	after the application is received, unless the district school
152	board and the applicant mutually agree to temporarily postpone
153	the vote to a specific date, at which time the district school
154	board shall by a majority vote approve or deny the application.
155	If the district school board fails to act on the application,
156	an applicant may appeal to the State Board of Education as
157	provided in paragraph (c)(b). If an application is denied, the
158	district school board shall, within 10 calendar days, articulate
159	in writing the specific reasons based upon good cause supporting
160	its denial of the charter application.
161	4.3.For budget projection purposes, the district school
162	board or other sponsor shall report to the Department of
163	Education the approval or denial of a charter application within
164	10 calendar days after such approval or denial. In the event of
165	approval, the report to the Department of Education shall
166	include the final projected FTE for the approved charter school.
167	5.4.Upon approval of a charter application, the initial
168	startup shall commence with the beginning of the public school
169	calendar for the district in which the charter is granted unless
170	the district school board allows a waiver of this provision for
171	good cause.
172	(c)(b)An applicant may appeal any denial of that
173	applicant's application or failure to act on an application to
174	the State Board of Education no later than 30 calendar days
175	after receipt of the district school board's decision or failure
176	to act and shall notify the district school board of its appeal.
177	Any response of the district school board shall be submitted to
178	the State Board of Education within 30 calendar days after
179	notification of the appeal. Upon receipt of notification from
180	the State Board of Education that a charter school applicant is
181	filing an appeal, the Commissioner of Education shall convene a
182	meeting of the Charter School Appeal Commission to study and
183	make recommendations to the State Board of Education regarding
184	its pending decision about the appeal. The commission shall
185	forward its recommendation to the state board no later than 7
186	calendar days prior to the date on which the appeal is to be
187	heard. The State Board of Education shall by majority vote
188	accept or reject the decision of the district school board no
189	later than 9060calendar days after an appeal is filed in
190	accordance with State Board of Education rule. The Charter
191	School Appeal Commission may reject an appeal submission for
192	failure to comply with procedural rules governing the appeals
193	process. The rejection shall describe the submission errors. The
194	appellant may have up to 15 calendar days from notice of
195	rejection to resubmit an appeal that meets requirements of State
196	Board of Education rule. An application for appeal submitted
197	subsequent to such rejection shall be considered timely if the
198	original appeal was filed within 30 calendar days after receipt
199	of notice of the specific reasons for the district school
200	board's denial of the charter application. The State Board of
201	Education shall remand the application to the district school
202	board with its written decision that the district school board
203	approve or deny the application. The district school board shall
204	implement the decision of the State Board of Education. The
205	decision of the State Board of Education is not subject to the
206	provisions of the Administrative Procedure Act, chapter 120.
207	(d)(c)The district school board shall act upon the
208	decision of the State Board of Education within 30 calendar days
209	after it is received. The State Board of Education's decision is
210	a final action subject to judicial review.
211	(e)(d)1. A Charter School Appeal Commission is established
212	to assist the commissioner and the State Board of Education with
213	a fair and impartial review of appeals by applicants whose
214	charters have been denied or whose charter contracts have not
215	been renewed by their sponsors.
216	2. The Charter School Appeal Commission may receive copies
217	of the appeal documents forwarded to the State Board of
218	Education, review the documents, gather other applicable
219	information regarding the appeal, and make a written
220	recommendation to the commissioner. The recommendation must
221	state whether the appeal should be upheld or denied and include
222	the reasons for the recommendation being offered. The
223	commissioner shall forward the recommendation to the State Board
224	of Education no later than 7 calendar days prior to the date on
225	which the appeal is to be heard. The state board must consider
226	the commission's recommendation in making its decision, but is
227	not bound by the recommendation. The decision of the Charter
228	School Appeal Commission is not subject to the provisions of the
229	Administrative Procedure Act, chapter 120.
230	3. The commissioner shall appoint the members of the
231	Charter School Appeal Commission. Members shall serve without
232	compensation but may be reimbursed for travel and per diem
233	expenses in conjunction with their service. One-half of the
234	members must represent currently operating charter schools, and
235	one-half of the members must represent school districts. The
236	commissioner or a named designee shall chair the Charter School
237	Appeal Commission.
238	4. The chair shall convene meetings of the commission and
239	shall ensure that the written recommendations are completed and
240	forwarded in a timely manner. In cases where the commission
241	cannot reach a decision, the chair shall make the written
242	recommendation with justification, noting that the decision was
243	rendered by the chair.
244	5. Commission members shall thoroughly review the
245	materials presented to them from the appellant and the sponsor.
246	The commission may request information to clarify the
247	documentation presented to it. In the course of its review, the
248	commission may facilitate the postponement of an appeal in those
249	cases where additional time and communication may negate the
250	need for a formal appeal and both parties agree, in writing, to
251	postpone the appeal to the State Board of Education. A new date
252	certain for the appeal shall then be set based upon the rules
253	and procedures of the State Board of Education. Commission
254	members shall provide a written recommendation to the state
255	board as to whether the appeal should be upheld or denied. A
256	fact-based justification for the recommendation must be
257	included. The chair must ensure that the written recommendation
258	is submitted to the State Board of Education members no later
259	than 7 calendar days prior to the date on which the appeal is to
260	be heard. Both parties in the case shall also be provided a copy
261	of the recommendation.
262	(f)(e)The Department of Education may provide technical
263	assistance to an applicant upon written request.
264	(g)(f)In considering charter applications for a lab
265	school, a state university shall consult with the district
266	school board of the county in which the lab school is located.
267	The decision of a state university may be appealed pursuant to
268	the procedure established in this subsection.
269	(h)(g)The terms and conditions for the operation of a
270	charter school shall be set forth by the sponsor and the
271	applicant in a written contractual agreement, called a charter.
272	The sponsor shall not impose unreasonable rules or regulations
273	that violate the intent of giving charter schools greater
274	flexibility to meet educational goals. The applicant and sponsor
275	shall have 6 months in which to mutually agree to the provisions
276	of the charter. The Department of Education shall provide
277	mediation services for any dispute regarding this section
278	subsequent to the approval of a charter application and for any
279	dispute relating to the approved charter, except disputes
280	regarding charter school application denials. If the
281	Commissioner of Education determines that the dispute cannot be
282	settled through mediation, the dispute may be appealed to an
283	administrative law judge appointed by the Division of
284	Administrative Hearings. The administrative law judge may rule
285	on issues of equitable treatment of the charter school as a
286	public school, whether proposed provisions of the charter
287	violate the intended flexibility granted charter schools by
288	statute, or on any other matter regarding this section except a
289	charter school application denial, and shall award the
290	prevailing party reasonable attorney's fees and costs incurred
291	to be paid by the losing party. The costs of the administrative
292	hearing shall be paid by the party whom the administrative law
293	judge rules against.
294	(7) CHARTER.--The major issues involving the operation of
295	a charter school shall be considered in advance and written into
296	the charter. The charter shall be signed by the governing body
297	of the charter school and the sponsor, following a public
298	hearing to ensure community input.
299	(a) The charter shall address, and criteria for approval
300	of the charter shall be based on:
301	1. The school's mission, the students to be served, and
302	the ages and grades to be included.
303	2. The focus of the curriculum, the instructional methods
304	to be used, any distinctive instructional techniques to be
305	employed, and identification and acquisition of appropriate
306	technologies needed to improve educational and administrative
307	performance which include a means for promoting safe, ethical,
308	and appropriate uses of technology which comply with legal and
309	professional standards. The charter shall ensure that reading is
310	a primary focus of the curriculum and that resources are
311	provided to identify and provide specialized instruction for
312	students who are reading below grade level. The curriculum and
313	instructional strategies for reading must be consistent with the
314	Sunshine State Standards and grounded in scientifically based
315	reading research.
316	3. The current incoming baseline standard of student
317	academic achievement, the outcomes to be achieved, and the
318	method of measurement that will be used. The criteria listed in
319	this subparagraph shall include a detailed description for each
320	of the following:
321	a. How the baseline student academic achievement levels
322	and prior rates of academic progress will be established.
323	b. How these baseline rates will be compared to rates of
324	academic progress achieved by these same students while
325	attending the charter school.
326	c. To the extent possible, how these rates of progress
327	will be evaluated and compared with rates of progress of other
328	closely comparable student populations.
329
330	The district school board is required to provide academic
331	student performance data to charter schools for each of their
332	students coming from the district school system, as well as
333	rates of academic progress of comparable student populations in
334	the district school system.
335	4. The methods used to identify the educational strengths
336	and needs of students and how well educational goals and
337	performance standards are met by students attending the charter
338	school. Included in the methods is a means for the charter
339	school to ensure accountability to its constituents by analyzing
340	student performance data and by evaluating the effectiveness and
341	efficiency of its major educational programs. Students in
342	charter schools shall, at a minimum, participate in the
343	statewide assessment program created under s. 1008.22.
344	5. In secondary charter schools, a method for determining
345	that a student has satisfied the requirements for graduation in
346	s. 1003.43.
347	6. A method for resolving conflicts between the governing
348	body of the charter school and the sponsor.
349	7. The admissions procedures and dismissal procedures,
350	including the school's code of student conduct.
351	8. The ways by which the school will achieve a
352	racial/ethnic balance reflective of the community it serves or
353	within the racial/ethnic range of other public schools in the
354	same school district.
355	9. The financial and administrative management of the
356	school, including a reasonable demonstration of the professional
357	experience or competence of those individuals or organizations
358	applying to operate the charter school or those hired or
359	retained to perform such professional services and the
360	description of clearly delineated responsibilities and the
361	policies and practices needed to effectively manage the charter
362	school. A description of internal audit procedures and
363	establishment of controls to ensure that financial resources are
364	properly managed must be included. Both public sector and
365	private sector professional experience shall be equally valid in
366	such a consideration.
367	10. The asset and liability projections required in the
368	application which are incorporated into the charter and which
369	shall be compared with information provided in the annual report
370	of the charter school. The charter shall ensure that, if a
371	charter school internal audit reveals a deficit financial
372	position, the auditors are required to notify the charter school
373	governing board, the sponsor, and the Department of Education.
374	The internal auditor shall report such findings in the form of
375	an exit interview to the principal or the principal
376	administrator of the charter school and the chair of the
377	governing board within 7 working days after finding the deficit
378	position. A final report shall be provided to the entire
379	governing board, the sponsor, and the Department of Education
380	within 14 working days after the exit interview.
381	11.10.A description of procedures that identify various
382	risks and provide for a comprehensive approach to reduce the
383	impact of losses; plans to ensure the safety and security of
384	students and staff; plans to identify, minimize, and protect
385	others from violent or disruptive student behavior; and the
386	manner in which the school will be insured, including whether or
387	not the school will be required to have liability insurance,
388	and, if so, the terms and conditions thereof and the amounts of
389	coverage.
390	12.11.The term of the charter which shall provide for
391	cancellation of the charter if insufficient progress has been
392	made in attaining the student achievement objectives of the
393	charter and if it is not likely that such objectives can be
394	achieved before expiration of the charter. The initial term of a
395	charter shall be for 3, 4, or 5 years. In order to facilitate
396	access to long-term financial resources for charter school
397	construction, charter schools that are operated by a
398	municipality or other public entity as provided by law are
399	eligible for up to a 15-year charter, subject to approval by the
400	district school board. A charter lab school is eligible for a
401	charter for a term of up to 15 years. In addition, to facilitate
402	access to long-term financial resources for charter school
403	construction, charter schools that are operated by a private,
404	not-for-profit, s. 501(c)(3) status corporation are eligible for
405	up to a 10-year charter, subject to approval by the district
406	school board. Such long-term charters remain subject to annual
407	review and may be terminated during the term of the charter, but
408	only for specific good cause according to the provisions set
409	forth in subsection (8).
410	13.12.The facilities to be used and their location.
411	14.13.The qualifications to be required of the teachers
412	and the potential strategies used to recruit, hire, train, and
413	retain qualified staff to achieve best value.
414	15.14.The governance structure of the school, including
415	the status of the charter school as a public or private employer
416	as required in paragraph (12)(i).
417	16.15.A timetable for implementing the charter which
418	addresses the implementation of each element thereof and the
419	date by which the charter shall be awarded in order to meet this
420	timetable.
421	17.16.In the case of an existing public school being
422	converted to charter status, alternative arrangements for
423	current students who choose not to attend the charter school and
424	for current teachers who choose not to teach in the charter
425	school after conversion in accordance with the existing
426	collective bargaining agreement or district school board rule in
427	the absence of a collective bargaining agreement. However,
428	alternative arrangements shall not be required for current
429	teachers who choose not to teach in a charter lab school, except
430	as authorized by the employment policies of the state university
431	which grants the charter to the lab school.
432	(b) A charter may be renewed every 5 school years,
433	provided that a program review demonstrates that the criteria in
434	paragraph (a) have been successfully accomplished and that none
435	of the grounds for nonrenewal established by paragraph (8)(a)
436	has been documented. In order to facilitate long-term financing
437	for charter school construction, charter schools operating for a
438	minimum of 2 years and demonstrating exemplary academic
439	programming and fiscal management are eligible for a 15-year
440	charter renewal. Such long-term charter is subject to annual
441	review and may be terminated during the term of the charter.
442	(c) A charter may be modified during its initial term or
443	any renewal term upon the recommendation of the sponsor or the
444	charter school governing board and the approval of both parties
445	to the agreement.
446	(8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.--
447	(a) At the end of the term of a charter, the sponsor may
448	choose not to renew the charter for any of the following
449	grounds:
450	1. Failure to participate in the state's education
451	accountability system created in s. 1008.31, as required in this
452	section, or failure tomeet the requirements for student
453	performance stated in the charter.
454	2. Failure to meet generally accepted standards of fiscal
455	management.
456	3. Violation of law.
457	4. Other good cause shown.
458	(b) During the term of a charter, the sponsor may
459	terminate the charter for any of the grounds listed in paragraph
460	(a).
461	(c) At least 90 days prior to renewing or terminating a
462	charter, the sponsor shall notify the governing body of the
463	school of the proposed action in writing. The notice shall state
464	in reasonable detail the grounds for the proposed action and
465	stipulate that the school's governing body may, within 14
466	calendar days after receiving the notice, request an informal
467	hearing before the sponsor. The sponsor shall conduct the
468	informal hearing within 30 calendar days after receiving a
469	written request. The charter school's governing body may, within
470	14 calendar days after receiving the sponsor's decision to
471	terminate or refuse to renew the charter, appeal the decision
472	pursuant to the procedure established in subsection (6).
473	(d) A charter may be terminated immediately if the sponsor
474	determines that good cause has been shown or if the health,
475	safety, or welfare of the students is threatened. The school
476	district in which the charter school is located shall assume
477	operation of the school under these circumstances. The charter
478	school's governing board may, within 14 days after receiving the
479	sponsor's decision to terminate the charter, appeal the decision
480	pursuant to the procedure established in subsection (6).
481	(e) When a charter is not renewed or is terminated, the
482	school shall be dissolved under the provisions of law under
483	which the school was organized, and any unencumbered public
484	funds from the charter school shall revert to the district
485	school board. In the event a charter school is dissolved or is
486	otherwise terminated, all district school board property and
487	improvements, furnishings, and equipment purchased with public
488	funds shall automatically revert to full ownership by the
489	district school board, subject to complete satisfaction of any
490	lawful liens or encumbrances. Any unencumbered public funds from
491	the charter school, district school board property and
492	improvements, furnishings, and equipment purchased with public
493	funds, or financial or other records pertaining to the charter
494	school, in the possession of any person, entity, or holding
495	company, other than the charter school, shall be held in trust
496	upon the district school board's request, until any appeal
497	status is resolved.
498	(f) If a charter is not renewed or is terminated, the
499	charter school is responsible for all debts of the charter
500	school. The district may not assume the debt from any contract
501	for services made between the governing body of the school and a
502	third party, except for a debt that is previously detailed and
503	agreed upon in writing by both the district and the governing
504	body of the school and that may not reasonably be assumed to
505	have been satisfied by the district.
506	(g) If a charter is not renewed or is terminated, a
507	student who attended the school may apply to, and shall be
508	enrolled in, another public school. Normal application deadlines
509	shall be disregarded under such circumstances.
510	(9) CHARTER SCHOOL REQUIREMENTS.--
511	(a) A charter school shall be nonsectarian in its
512	programs, admission policies, employment practices, and
513	operations.
514	(b) A charter school shall admit students as provided in
515	subsection (10).
516	(c) A charter school shall be accountable to its sponsor
517	for performance as provided in subsection (7).
518	(d) A charter school shall not charge tuition or
519	registration fees, except those fees normally charged by other
520	public schools. However, a charter lab school may charge a
521	student activity and service fee as authorized by s. 1002.32(5).
522	(e) A charter school shall meet all applicable state and
523	local health, safety, and civil rights requirements.
524	(f) A charter school shall not violate the
525	antidiscrimination provisions of s. 1000.05.
526	(g) A charter school shall provide for an annual financial
527	audit in accordance with s. 218.39.
528	(h) No organization shall hold more than 15 charters
529	statewide.
530	(i) In order to provide financial information that is
531	comparable to that reported for other public schools, charter
532	schools are to maintain all financial records which constitute
533	their accounting system:
534	1. In accordance with the accounts and codes prescribed in
535	the most recent issuance of the publication titled "Financial
536	and Program Cost Accounting and Reporting for Florida Schools";
537	or
538	2. At the discretion of the charter school governing
539	board, a charter school may elect to follow generally accepted
540	accounting standards for not-for-profit organizations, but must
541	reformat this information for reporting according to this
542	paragraph.
543
544	Charter schools are to provide annual financial report and
545	program cost report information in the state-required formats
546	for inclusion in district reporting in compliance with s.
547	1011.60(1). Charter schools that are operated by a municipality
548	or are a component unit of a parent nonprofit organization may
549	use the accounting system of the municipality or the parent but
550	must reformat this information for reporting according to this
551	paragraph.
552	(j) The governing board of the charter school shall
553	annually adopt and maintain an operating budget.
554	(k) The governing body of the charter school shall
555	exercise continuing oversight over charter school operations and
556	make annual progress reports to its sponsor, which upon
557	verification shall be forwarded to the Commissioner of Education
558	at the same time as other annual school accountability reports.
559	The report shall contain at least the following information:
560	(l) The governing body of the charter school shall report
561	its progress annually to its sponsor, which shall forward the
562	report to the Commissioner of Education at the same time as
563	other annual school accountability reports. The Department of
564	Education shall include in its compilation a notation if a
565	school failed to file its report by the deadline established by
566	the department. The report shall include at least the following
567	components:
568	1. Student achievement performance data, including the
569	information required for the annual school report and the
570	education accountability system governed by ss. 1008.31 and
571	1008.345. Charter schools are subject to the same accountability
572	requirements as other public schools, including reports of
573	student achievement information that links baseline student data
574	to the school’s performance projections identified in the
575	charter. The charter school shall identify reasons for any
576	difference between projected and actual student performanceThe
577	charter school's progress toward achieving the goals outlined in
578	its charter.
579	2. Financial status of the charter school which must
580	include revenues and expenditures at a level of detail that
581	allows for analysis of the ability to meet financial obligations
582	and timely repayment of debtThe information required in the
583	annual school report pursuant to s. 1008.345.
584	3. Documentation of the facilities in current use and any
585	planned facilities for use by the charter school for instruction
586	of students, administrative functions, or investment purposes
587	Financial records of the charter school, including revenues and
588	expenditures.
589	4. Descriptive information about the charter school's
590	personnel, includingsalary and benefit levels of charter school
591	employees, the proportion of instructional personnel who hold
592	professional or temporary certificates, and the proportion of
593	instructional personnel teaching in-field or out-of-field.
594	(m)(l)A charter school shall not levy taxes or issue
595	bonds secured by tax revenues.
596	(n)(m)A charter school shall provide instruction for at
597	least the number of days required by law for other public
598	schools, and may provide instruction for additional days.
599	(10) ELIGIBLE STUDENTS.--
600	(a) A charter school shall be open to any student covered
601	in an interdistrict agreement or residing in the school district
602	in which the charter school is located; however, in the case of
603	a charter lab school, the charter lab school shall be open to
604	any student eligible to attend the lab school as provided in s.
605	1002.32 or who resides in the school district in which the
606	charter lab school is located. Any eligible student shall be
607	allowed interdistrict transfer to attend a charter school when
608	based on good cause.
609	(b) The charter school shall enroll an eligible student
610	who submits a timely application, unless the number of
611	applications exceeds the capacity of a program, class, grade
612	level, or building. In such case, all applicants shall have an
613	equal chance of being admitted through a random selection
614	process.
615	(c) When a public school converts to charter status,
616	enrollment preference shall be given to students who would have
617	otherwise attended that public school.
618	(d) A charter school may give enrollment preference to the
619	following student populations:
620	1. Students who are siblings of a student enrolled in the
621	charter school.
622	2. Students who are the children of a member of the
623	governing board of the charter school.
624	3. Students who are the children of an employee of the
625	charter school.
626	(e) A charter school may limit the enrollment process only
627	to target the following student populations:
628	1. Students within specific age groups or grade levels.
629	2. Students considered at risk of dropping out of school
630	or academic failure. Such students shall include exceptional
631	education students.
632	3. Students enrolling in a charter school-in-the-workplace
633	or charter school-in-a-municipality established pursuant to
634	subsection (15)(16).
635	4. Students residing within a reasonable distance of the
636	charter school, as described in paragraph (20)(21)(c). Such
637	students shall be subject to a random lottery and to the
638	racial/ethnic balance provisions described in subparagraph
639	(7)(a)8. or any federal provisions that require a school to
640	achieve a racial/ethnic balance reflective of the community it
641	serves or within the racial/ethnic range of other public schools
642	in the same school district.
643	5. Students who meet reasonable academic, artistic, or
644	other eligibility standards established by the charter school
645	and included in the charter school application and charter or,
646	in the case of existing charter schools, standards that are
647	consistent with the school's mission and purpose. Such standards
648	shall be in accordance with current state law and practice in
649	public schools and may not discriminate against otherwise
650	qualified individuals.
651	6. Students articulating from one charter school to
652	another pursuant to an articulation agreement between the
653	charter schools that has been approved by the sponsor.
654	(f) Students with handicapping conditions and students
655	served in English for Speakers of Other Languages programs shall
656	have an equal opportunity of being selected for enrollment in a
657	charter school.
658	(g) A student may withdraw from a charter school at any
659	time and enroll in another public school as determined by
660	district school board rule.
661	(h) The capacity of the charter school shall be determined
662	annually by the governing board, in conjunction with the
663	sponsor, of the charter school in consideration of the factors
664	identified in this subsection.
665	(13) NUMBER OF SCHOOLS.--
666	(a) The number of newly created charter schools is limited
667	to no more than 28 in each school district that has 100,000 or
668	more students, no more than 20 in each school district that has
669	50,000 to 99,999 students, and no more than 12 in each school
670	district with fewer than 50,000 students.
671	(b) An existing public school which converts to a charter
672	school shall not be counted toward the limit established by
673	paragraph (a).
674	(c) Notwithstanding any limit established by this
675	subsection, a district school board or a charter school
676	applicant shall have the right to request an increase of the
677	limit on the number of charter schools authorized to be
678	established within the district from the State Board of
679	Education.
680	(d) Whenever a municipality has submitted charter
681	applications for the establishment of a charter school feeder
682	pattern (elementary, middle, and senior high schools), and upon
683	approval of each individual charter application by the district
684	school board, such applications shall then be designated as one
685	charter school for all purposes listed pursuant to this section.
686	(20)(21)SERVICES.--
687	(a) A sponsor shall provide certain administrative and
688	educational services to charter schools. These services shall
689	include contract management services, full-time equivalent and
690	data reporting services, exceptional student education
691	administration services, test administration services,
692	processing of teacher certificate data services, and information
693	services. A total administrative fee for the provision of such
694	services shall be calculated based upon 5 percent of the
695	available funds defined in paragraph (17)(b) for all students.
696	However, a sponsor may only withhold a 5-percent administrative
697	fee for enrollment for up to and including 500 students. For
698	charter schools with a population of 501 or more students, the
699	difference between the total administrative fee calculation and
700	the amount of the administrative fee withheld may only be used
701	for capital outlay purposes specified in s. 1013.62(2)Any
702	administrative fee charged by the sponsor for the provision of
703	services shall be limited to 5 percent of the available funds
704	defined in paragraph (18)(b).
705	(b) If goods and services are made available to the
706	charter school through the contract with the school district,
707	they shall be provided to the charter school at a rate no
708	greater than the district's actual cost. To maximize the use of
709	state funds, school districts shall allow charter schools to
710	participate in the sponsor's bulk purchasing program if
711	applicable.
712	(c) Transportation of charter school students shall be
713	provided by the charter school consistent with the requirements
714	of subpart I.e. of chapter 1006. The governing body of the
715	charter school may provide transportation through an agreement
716	or contract with the district school board, a private provider,
717	or parents. The charter school and the sponsor shall cooperate
718	in making arrangements that ensure that transportation is not a
719	barrier to equal access for all students residing within a
720	reasonable distance of the charter school as determined in its
721	charter.
722	(23)(24)ANALYSIS OF CHARTER SCHOOL PERFORMANCE.--Upon
723	receipt of the annual report required by paragraph (9)(l)(9)(k),
724	the Department of Education shall provide to the State Board of
725	Education, the Commissioner of Education, the Governor,the
726	President of the Senate, and the Speaker of the House of
727	Representatives an analysis and comparison of the overall
728	performance of charter school students, to include all students
729	whose scores are counted as part of the statewide assessment
730	program, versus comparable public school students in the
731	district as determined by the statewide assessment program
732	currently administered in the school district, and other
733	assessments administered pursuant to s. 1008.22(3).
734	Section 2. Subsection (2) and paragraphs (a), (c), and (h)
735	of subsection (9) of section 1002.32, Florida Statutes, are
736	amended to read:
737	1002.32 Developmental research (laboratory) schools.--
738	(2) ESTABLISHMENT.--There is established a category of
739	public schools to be known as developmental research
740	(laboratory) schools (lab schools). Each lab school shall
741	provide sequential instruction and shall be affiliated with the
742	college of education within the state university of closest
743	geographic proximity. A lab school to which a charter has been
744	issued under s. 1002.33(5)(a)2.(5)(b)must be affiliated with
745	the college of education within the state university that issued
746	the charter, but is not subject to the requirement that the
747	state university be of closest geographic proximity. For the
748	purpose of state funding, Florida Agricultural and Mechanical
749	University, Florida Atlantic University, Florida State
750	University, the University of Florida, and other universities
751	approved by the State Board of Education and the Legislature are
752	authorized to sponsor a lab schoolone or more lab schools. The
753	limitation of one lab school per university shall not apply to
754	the following charter lab schools authorized prior to June 1,
755	2003: Florida State University Charter Lab Elementary School in
756	Broward County, Florida Atlantic University Charter Lab 9-12
757	High School in Palm Beach County, and Florida Atlantic
758	University Charter Lab K-12 School in St. Lucie County.
759	(9) FUNDING.--Funding for a lab school, including a
760	charter lab school, shall be provided as follows:
761	(a) Each lab school shall be allocated its proportional
762	share of operating funds from the Florida Education Finance
763	Program as provided in s. 1011.62 and the General Appropriations
764	Act. The nonvoted ad valorem millage that would otherwise be
765	required for lab schools in operation as of September 1, 2002,
766	shall be allocated from state funds. The required local effort
767	funds calculated pursuant to s. 1011.62 shall be allocated from
768	state funds for labto the schools in operation as of September
769	1, 2002,as a part of the allocation of operating funds pursuant
770	to s. 1011.62. Each eligible lab school in operation as of
771	September 1, 2002,shall also receive a proportional share of
772	the sparsity supplement as calculated pursuant to s. 1011.62. In
773	addition, each lab school shall receive its proportional share
774	of all categorical funds, with the exception of s. 1011.68, and
775	new categorical funds enacted after July 1, 1994, for the
776	purpose of elementary or secondary academic program enhancement.
777	The sum of funds available as provided in this paragraph shall
778	be included annually in the Florida Education Finance Program
779	and appropriate categorical programs funded in the General
780	Appropriations Act.
781	(c) All operating funds provided under this section shall
782	be deposited in a Lab School Trust Fund and shall be expended
783	for the purposes of this section. The university assigned a lab
784	school shall be the fiscal agent for these funds, and all rules
785	of the university governing the budgeting and expenditure of
786	state funds shall apply to these funds unless otherwise provided
787	by law or rule of the State Board of Education. The university
788	board of trustees shall be the public employer of lab school
789	personnel for collective bargaining purposes for lab schools in
790	operation prior to the 2002-2003 fiscal year. Employees of
791	charter lab schools authorized prior to June 1, 2003, but not in
792	operation prior to the 2002-2003 fiscal year shall be employees
793	of the entity holding the charter and must comply with the
794	provisions of s. 1002.33(12).
795	(h) A lab school to which a charter has been issued under
796	s. 1002.33(5)(a)2.(5)(b)is eligible to receive funding for
797	charter school capital outlay if it meets the eligibility
798	requirements of s. 1013.62. If the lab school receives funds
799	from charter school capital outlay, the school shall receive
800	capital outlay funds otherwise provided in this subsection only
801	to the extent that funds allocated pursuant to s. 1013.62 are
802	insufficient to provide capital outlay funds to the lab school
803	at one-fifteenth of the cost per student station.
804	Section 3. Section 1011.68, Florida Statutes, is amended
805	to read:
806	1011.68 Funds for student transportation.--The annual
807	allocation to each district for transportation to public school
808	programs, including charter schools as provided in s.
809	1002.33(17)(18)(b), of students in membership in kindergarten
810	through grade 12 and in migrant and exceptional student programs
811	below kindergarten shall be determined as follows:
812	(1) Subject to the rules of the State Board of Education,
813	each district shall determine the membership of students who are
814	transported:
815	(a) By reason of living 2 miles or more from school.
816	(b) By reason of being students with disabilities or
817	enrolled in a teenage parent program, regardless of distance to
818	school.
819	(c) By reason of being in a state prekindergarten program,
820	regardless of distance from school.
821	(d) By reason of being career and technical, dual
822	enrollment, or students with disabilities transported from one
823	school center to another to participate in an instructional
824	program or service; or students with disabilities, transported
825	from one designation to another in the state, provided one
826	designation is a school center and provided the student's
827	individual educational plan (IEP) identifies the need for the
828	instructional program or service and transportation to be
829	provided by the school district. A "school center" is defined as
830	a public school center, community college, state university, or
831	other facility rented, leased, or owned and operated by the
832	school district or another public agency. A "dual enrollment
833	student" is defined as a public school student in membership in
834	both a public secondary school program and a community college
835	or a state university program under a written agreement to
836	partially fulfill ss. 1003.435 and 1007.23 and earning full-time
837	equivalent membership under s. 1011.62(1)(i).
838	(e) With respect to elementary school students whose grade
839	level does not exceed grade 6, by reason of being subjected to
840	hazardous walking conditions en route to or from school as
841	provided in s. 1006.23. Such rules shall, when appropriate,
842	provide for the determination of membership under this paragraph
843	for less than 1 year to accommodate the needs of students who
844	require transportation only until such hazardous conditions are
845	corrected.
846	(f) By reason of being a pregnant student or student
847	parent, and the child of a student parent as provided in s.
848	1003.54, regardless of distance from school.
849	(2) The allocation for each district shall be calculated
850	annually in accordance with the following formula:
851
852	T = B + EX. The elements of this formula are defined as follows:
853	T is the total dollar allocation for transportation. B is the
854	base transportation dollar allocation prorated by an adjusted
855	student membership count. The adjusted membership count shall be
856	derived from a multiplicative index function in which the base
857	student membership is adjusted by multiplying it by index
858	numbers that individually account for the impact of the price
859	level index, average bus occupancy, and the extent of rural
860	population in the district. EX is the base transportation dollar
861	allocation for disabled students prorated by an adjusted
862	disabled student membership count. The base transportation
863	dollar allocation for disabled students is the total state base
864	disabled student membership count weighted for increased costs
865	associated with transporting disabled students and multiplying
866	it by the prior year's average per student cost for
867	transportation. The adjusted disabled student membership count
868	shall be derived from a multiplicative index function in which
869	the weighted base disabled student membership is adjusted by
870	multiplying it by index numbers that individually account for
871	the impact of the price level index, average bus occupancy, and
872	the extent of rural population in the district. Each adjustment
873	factor shall be designed to affect the base allocation by no
874	more or less than 10 percent.
875	(3) The total allocation to each district for
876	transportation of students shall be the sum of the amounts
877	determined in subsection (2). If the funds appropriated for the
878	purpose of implementing this section are not sufficient to pay
879	the base transportation allocation and the base transportation
880	allocation for disabled students, the Department of Education
881	shall prorate the available funds on a percentage basis. If the
882	funds appropriated for the purpose of implementing this section
883	exceed the sum of the base transportation allocation and the
884	base transportation allocation for disabled students, the base
885	transportation allocation for disabled students shall be limited
886	to the amount calculated in subsection (2), and the remaining
887	balance shall be added to the base transportation allocation.
888	(4) No district shall use funds to purchase transportation
889	equipment and supplies at prices which exceed those determined
890	by the department to be the lowest which can be obtained, as
891	prescribed in s. 1006.27(1).
892	(5) Funds allocated or apportioned for the payment of
893	student transportation services may be used to pay for
894	transportation of students to and from school on local general
895	purpose transportation systems. Student transportation funds may
896	also be used to pay for transportation of students to and from
897	school in private passenger cars and boats when the
898	transportation is for isolated students, or students with
899	disabilities as defined by rule. Subject to the rules of the
900	State Board of Education, each school district shall determine
901	and report the number of assigned students using general purpose
902	transportation private passenger cars and boats. The allocation
903	per student must be equal to the allocation per student riding a
904	school bus.
905	(6) Notwithstanding other provisions of this section, in
906	no case shall any student or students be counted for
907	transportation funding more than once per day. This provision
908	includes counting students for funding pursuant to trips in
909	school buses, passenger cars, or boats or general purpose
910	transportation.
911	(7) Any funds received by a school district under this
912	section that are not required to transport students may, at the
913	discretion of the district school board, be transferred to the
914	district's Florida Education Finance Program.
915	Section 4. Section 1013.62, Florida Statutes, is amended
916	to read:
917	1013.62 Charter schools capital outlay funding.--
918	(1) In each year in which funds are appropriated for
919	charter school capital outlay purposes, the Commissioner of
920	Education shall allocate the funds among eligible charter
921	schools. To be eligible for a funding allocation, a charter
922	school must:
923	(a)1. Have been in operation for 3 or more years;
924	2. Be an expanded feeder chain of a charter school within
925	the same school district that is currently receiving charter
926	school capital outlay funds; or
927	3. Have been accredited by the Commission on Schools of
928	the Southern Association of Colleges and Schools.
929	(b) Have financial stability for future operation as a
930	charter school.
931	(c) Have satisfactory student achievement based on state
932	accountability standards applicable to the charter school.
933	(d) Have received final approval from its sponsor pursuant
934	to s. 1002.33 for operation during that fiscal year.
935	(e) Serve students in facilities that are not provided by
936	the charter school's sponsormeet the provisions of subsection
937	(6), must have received final approval from its sponsor pursuant
938	to s. 1002.33 for operation during that fiscal year, and must
939	serve students in facilities that are not provided by the
940	charter school's sponsor.
941
942	Prior to the release of capital outlay funds to a school
943	district on behalf of the charter school, the Department of
944	Education shall ensure that the district school board and the
945	charter school governing board enter into a written agreement
946	that includes provisions for the reversion of any unencumbered
947	funds and all equipment and property purchased with public
948	education funds to the ownership of the district school board,
949	as provided for in subsection (3), in the event that the school
950	terminates operations. Any funds recovered by the state shall be
951	deposited in the General Revenue Fund. A charter school is not
952	eligible for a funding allocation if it was created by the
953	conversion of a public school and operates in facilities
954	provided by the charter school's sponsor for a nominal fee or at
955	no charge or if it is directly or indirectly operated by the
956	school district. Unless otherwise provided in the General
957	Appropriations Act, the funding allocation for each eligible
958	charter school shall be determined by multiplying the school's
959	projected student enrollment by one-fifteenth of the cost-per-
960	student station specified in s. 1013.64(6)(b) for an elementary,
961	middle, or high school, as appropriate. If the funds
962	appropriated are not sufficient, the commissioner shall prorate
963	the available funds among eligible charter schools. However, no
964	charter school or charter lab school shall receive state charter
965	school capital outlay funds in excess of the one-fifteenth cost
966	per student station formula if the charter school’s combination
967	of state charter school capital outlay funds, capital outlay
968	funds calculated through the reduction in the administrative fee
969	provided in s. 1002.33(20), and capital outlay funds allowed in
970	s. 1002.32(9)(e) and (h) exceeds the one-fifteenth cost per
971	student station formula.Funds shall be distributed on the basis
972	of the capital outlay full-time equivalent membership by grade
973	level, which shall be calculated by averaging the results of the
974	second and third enrollment surveys. The Department of Education
975	shall distribute capital outlay funds monthly, beginning in the
976	first quarter of the fiscal year, based on one-twelfth of the
977	amount the department reasonably expects the charter school to
978	receive during that fiscal year. The commissioner shall adjust
979	subsequent distributions as necessary to reflect each charter
980	school's actual student enrollment as reflected in the second
981	and third enrollment surveys. The commissioner shall establish
982	the intervals and procedures for determining the projected and
983	actual student enrollment of eligible charter schools.
984	(2) A charter school's governing body may use charter
985	school capital outlay funds for the following purposesany
986	capital outlay purpose that is directly related to the
987	functioning of the charter school, including the:
988	(a) Purchase of real property.
989	(b) Construction, renovation, repair, and maintenanceof
990	school facilities.
991	(c) Purchase, lease-purchase, or lease of permanent or
992	relocatable school facilities.
993	(d) Purchase of vehicles to transport students to and from
994	the charter school.
995	(e) Renovation, repair, and maintenance of school
996	facilities that the charter school owns or is purchasing through
997	a lease-purchase or long-term lease of 5 years or longer.
998
999	Conversion charter schools may use capital outlay funds received
1000	through the reduction in the administrative fee provided in s.
1001	1002.33(20) for renovation, repair, and maintenance of school
1002	facilities that are owned by the sponsor.
1003	(3) When a charter school is nonrenewed or terminated, any
1004	unencumbered funds and all equipment and property purchased with
1005	district public funds shall revert to the ownership of the
1006	district school board, as provided for in s. 1002.33(8)(e) and
1007	(f). In the case of a charter lab school, any unencumbered funds
1008	and all equipment and property purchased with university public
1009	funds shall revert to the ownership of the state university that
1010	issued the charter. The reversion of such equipment, property,
1011	and furnishings shall focus on recoverable assets, but not on
1012	intangible or irrecoverable costs such as rental or leasing
1013	fees, normal maintenance, and limited renovations. The reversion
1014	of all property secured with public funds is subject to the
1015	complete satisfaction of all lawful liens or encumbrances. If
1016	there are additional local issues such as the shared use of
1017	facilities or partial ownership of facilities or property, these
1018	issues shall be agreed to in the charter contract prior to the
1019	expenditure of funds.
1020	(4) The Commissioner of Education shall specify procedures
1021	for submitting and approving requests for funding under this
1022	section and procedures for documenting expenditures.
1023	(5) The annual legislative budget request of the
1024	Department of Education shall include a request for capital
1025	outlay funding for charter schools. The request shall be based
1026	on the projected number of students to be served in charter
1027	schools who meet the eligibility requirements of this section. A
1028	dedicated funding source, if identified in writing by the
1029	Commissioner of Education and submitted along with the annual
1030	charter school legislative budget request, may be considered an
1031	additional source of funding.
1032	(6) Unless authorized otherwise by the Legislature,
1033	allocation and proration of charter school capital outlay funds
1034	shall be made to eligible charter schools by the Commissioner of
1035	Education in an amount and in a manner authorized by subsection
1036	(1).
1037	(7) Notwithstanding the provisions of this section,
1038	beginning in the 2003-2004 fiscal year:
1039	(a) If the appropriation for charter school capital outlay
1040	funds is no greater than the 2002-2003 appropriation, the funds
1041	shall be allocated according to the formula outlined in
1042	subsection (1) to:
1043	1. The same schools that received funding in 2002-2003.
1044	2. Schools that are an expanded feeder pattern of schools
1045	that received funding in 2002-2003.
1046	3. Schools that have an approved charter and are serving
1047	students at the start of the 2003-2004 school year and either
1048	incurred long-term financial obligations prior to January 31,
1049	2003, or began construction on educational facilities prior to
1050	December 31, 2002.
1051	(b) If the appropriation for charter school capital outlay
1052	funds is less than the 2002-2003 appropriation, the funds shall
1053	be prorated among the schools eligible in paragraph (a).
1054	(c) If the appropriation for charter school capital outlay
1055	funds is greater than the 2002-2003 appropriation, the amount of
1056	funds provided in the 2002-2003 appropriation shall be allocated
1057	according to paragraph (a). First priority for allocating the
1058	amount in excess of the 2002-2003 appropriation shall be to
1059	prorate the excess funds among the charter schools with long-
1060	term debt or long-term lease to the extent that the initial
1061	allocation is insufficient to provide one-fifteenth of the cost
1062	per student station specified in s. 1013.64(6)(b), and second
1063	priority shall be to other eligible charter schools.
1064	Section 5. This act shall take effect July 1, 2003.
1065
1066	================= T I T L E A M E N D M E N T =================
1067	Remove the entire title, and insert:
1068	A bill to be entitled
1069	An act relating to charter schools; amending s. 1002.33,
1070	F.S.; providing guiding principles; requiring an emphasis
1071	on reading; requiring certain accountability measures;
1072	authorizing community colleges to develop charter schools;
1073	revising application requirements; requiring fiscal
1074	projections in a charter application; extending the time
1075	allowed for the State Board of Education to act on an
1076	appeal; requiring auditors to provide notification of
1077	certain financial conditions; providing additional
1078	requirements for a charter school’s annual report;
1079	eliminating limitations on the number of charter schools
1080	per school district; revising administrative fees charged
1081	by the sponsor for the provision of services; providing a
1082	report to the Governor; amending s. 1002.32, F.S.;
1083	correcting a cross reference; providing exceptions to the
1084	one lab school per university limitation; revising
1085	provisions relating to funding for lab schools; revising
1086	provisions relating to employees of lab schools; amending
1087	s. 1011.68, F.S.; correcting a cross reference; amending
1088	s. 1013.62, F.S.; revising eligibility criteria for
1089	charter school capital outlay funding; revising purposes
1090	for charter school capital outlay funds; providing
1091	allocation criteria for charter school capital outlay
1092	appropriations; providing an effective date.
1093
1094	WHEREAS, in the 2002-2003 school year, Florida has 223
1095	charter schools educating approximately 51,000 Florida students,
1096	with a projected increase of 117 additional charter schools in
1097	the next school year, and
1098	WHEREAS, this rate of growth is a dramatic increase over
1099	the prior averages of 36 charter schools per year, and
1100	WHEREAS, while charter schools are public schools, their
1101	unique populations or small size mean that few of them are
1102	eligible for inclusion in the state’s accountability system,
1103	with only 38 of the 173 charter schools receiving a school
1104	performance grade in 2002, and
1105	WHEREAS, the issue of charter school accountability is of
1106	the utmost importance at this time of budget constraints and
1107	heightened awareness of public ethics, NOW, THEREFORE,