HB 1913

1	A bill to be entitled
2	An act relating to charter schools; amending s. 1002.33,
3	F.S.; revising authorized purposes of charter schools;
4	providing for appeals under certain circumstances;
5	providing for reversion of capital outlay funds to the
6	Department of Education under certain circumstances;
7	providing for designation as one charter school of schools
8	in a charter school feeder pattern under certain
9	circumstances; revising provisions relating to facility
10	compliance with building construction standards;
11	clarifying Florida Building Code and Florida Fire
12	Prevention Code compliance requirements for charter
13	schools; clarifying jurisdiction for inspections;
14	providing an exemption from assessment of certain fees;
15	providing for use of educational impact fees; requiring an
16	agreement relating to allocation and use of impact fees;
17	requiring a charter school sponsor to provide additional
18	services; prohibiting certain fees or surcharges for
19	certain services; revising provisions relating to
20	contracts for goods and services; requiring a study of
21	transportation issues by the department; amending s.
22	1002.32, F.S.; correcting the name of a charter lab
23	school; revising provisions relating to the allocation of
24	lab school funds from the Florida Education Finance
25	Program; providing for severability; providing an
26	effective date.
27
28	Be It Enacted by the Legislature of the State of Florida:
29
30	Section 1.  Paragraph (c) of subsection (2), paragraph (e)
31	of subsection (6), paragraph (e) of subsection (8), paragraph
32	(c) of subsection (15), subsection (18), and paragraphs (a) and
33	(b) of subsection (20) of section 1002.33, Florida Statutes, are
34	amended to read:
35	1002.33  Charter schools.--
36	(2)  GUIDING PRINCIPLES; PURPOSE.--
37	(c)  Charter schools may fulfill the following purposes:
38	1.  Create innovative measurement tools.
39	2.  Provide rigorous competition within the public school
40	district to stimulate continual improvement in all public
41	schools.
42	3.  Expand the capacity of the public school system.
43	4.  Mitigate the educational impact created by the
44	development of new residential dwelling units.
45	(6)  APPLICATION PROCESS AND REVIEW.--Beginning September
46	1, 2003, applications are subject to the following requirements:
47	(e)1.  A Charter School Appeal Commission is established to
48	assist the commissioner and the State Board of Education with a
49	fair and impartial review of appeals by applicants whose charter
50	applications charters have been denied, or whose charter
51	contracts have not been renewed or have been terminated by their
52	sponsors, or whose disputes over contract negotiations have not
53	been resolved through mediation.
54	2.  The Charter School Appeal Commission may receive copies
55	of the appeal documents forwarded to the State Board of
56	Education, review the documents, gather other applicable
57	information regarding the appeal, and make a written
58	recommendation to the commissioner. The recommendation must
59	state whether the appeal should be upheld or denied and include
60	the reasons for the recommendation being offered. The
61	commissioner shall forward the recommendation to the State Board
62	of Education no later than 7 calendar days prior to the date on
63	which the appeal is to be heard. The state board must consider
64	the commission's recommendation in making its decision, but is
65	not bound by the recommendation. The decision of the Charter
66	School Appeal Commission is not subject to the provisions of the
67	Administrative Procedure Act, chapter 120.
68	3.  The commissioner shall appoint the members of the
69	Charter School Appeal Commission. Members shall serve without
70	compensation but may be reimbursed for travel and per diem
71	expenses in conjunction with their service. One-half of the
72	members must represent currently operating charter schools, and
73	one-half of the members must represent school districts. The
74	commissioner or a named designee shall chair the Charter School
75	Appeal Commission.
76	4.  The chair shall convene meetings of the commission and
77	shall ensure that the written recommendations are completed and
78	forwarded in a timely manner. In cases where the commission
79	cannot reach a decision, the chair shall make the written
80	recommendation with justification, noting that the decision was
81	rendered by the chair.
82	5.  Commission members shall thoroughly review the
83	materials presented to them from the appellant and the sponsor.
84	The commission may request information to clarify the
85	documentation presented to it. In the course of its review, the
86	commission may facilitate the postponement of an appeal in those
87	cases where additional time and communication may negate the
88	need for a formal appeal and both parties agree, in writing, to
89	postpone the appeal to the State Board of Education. A new date
90	certain for the appeal shall then be set based upon the rules
91	and procedures of the State Board of Education. Commission
92	members shall provide a written recommendation to the state
93	board as to whether the appeal should be upheld or denied. A
94	fact-based justification for the recommendation must be
95	included. The chair must ensure that the written recommendation
96	is submitted to the State Board of Education members no later
97	than 7 calendar days prior to the date on which the appeal is to
98	be heard. Both parties in the case shall also be provided a copy
99	of the recommendation.
100	(8)  CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.--
101	(e)  When a charter is not renewed or is terminated, the
102	school shall be dissolved under the provisions of law under
103	which the school was organized, and any unencumbered public
104	funds, except for capital outlay funds, from the charter school
105	shall revert to the district school board. Capital outlay funds
106	provided pursuant to s. 1013.62 that are unencumbered shall
107	revert to the department to be redistributed among eligible
108	charter schools. In the event a charter school is dissolved or
109	is otherwise terminated, all district school board property and
110	improvements, furnishings, and equipment purchased with public
111	funds shall automatically revert to full ownership by the
112	district school board, subject to complete satisfaction of any
113	lawful liens or encumbrances. Any unencumbered public funds from
114	the charter school, district school board property and
115	improvements, furnishings, and equipment purchased with public
116	funds, or financial or other records pertaining to the charter
117	school, in the possession of any person, entity, or holding
118	company, other than the charter school, shall be held in trust
119	upon the district school board's request, until any appeal
120	status is resolved.
121	(15)  CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER SCHOOLS-IN-
122	A-MUNICIPALITY.--
123	(c)  A charter school-in-a-municipality designation may be
124	granted to a municipality that possesses a charter; enrolls
125	students based upon a random lottery that involves all of the
126	children of the residents of that municipality who are seeking
127	enrollment, as provided for in subsection (10); and enrolls
128	students according to the racial/ethnic balance provisions
129	described in subparagraph (7)(a)8. When a municipality has
130	submitted charter applications for the establishment of a
131	charter school feeder pattern, consisting of elementary, middle,
132	and senior high schools, and each individual charter application
133	is approved by the district school board, such schools shall
134	then be designated as one charter school for all purposes listed
135	pursuant to this section. Any portion of the land and facility
136	used for a public charter school shall be exempt from ad valorem
137	taxes, as provided for in s. 1013.54, for the duration of its
138	use as a public school.
139	(18)  FACILITIES.--
140	(a)  A charter school shall utilize facilities which comply
141	with the Florida State Uniform Building Code pursuant to chapter
142	553 except for the State Requirements for Educational
143	Facilities. Charter schools are not required to comply, but may
144	choose to comply, with the State Requirements for Educational
145	Facilities  of the Florida Building Code adopted pursuant to s.
146	1013.37. The local governing authority shall not adopt or impose
147	local building requirements or restrictions that are more
148	stringent than those found in the Florida Building Code. The
149	agency having jurisdiction for inspection of a facility and
150	issuance of a certificate of occupancy shall be the local
151	municipality or, if in an unincorporated area, the county
152	governing authority for Public Educational Facilities
153	Construction adopted pursuant to s. 1013.37 or with applicable
154	state minimum building codes pursuant to chapter 553 and state
155	minimum fire protection codes pursuant to s. 633.025, as adopted
156	by the authority in whose jurisdiction the facility is located.
157	(b)  A charter school shall utilize facilities that comply
158	with the Florida Fire Prevention Code, pursuant to s. 633.025,
159	as adopted by the authority in whose jurisdiction the facility
160	is located as provided in paragraph (a).
161	(c)(b)  Any facility, or portion thereof, used to house a
162	charter school whose charter has been approved by the sponsor
163	and the governing board, pursuant to subsection (7), shall be
164	exempt from ad valorem taxes pursuant to s. 196.1983.
165	(c)  Charter school facilities shall utilize facilities
166	which comply with the Florida Building Code, pursuant to chapter
167	553, and the Florida Fire Prevention Code, pursuant to chapter
168	633.
169	(d)  Charter school facilities are exempt from assessments
170	of fees for building permits, except as provided in s. 553.80,
171	and for building licenses and from assessments of impact fees or
172	service availability fees.
173	(e)  If a district school board facility or property is
174	available because it is surplus, marked for disposal, or
175	otherwise unused, it shall be provided for a charter school's
176	use on the same basis as it is made available to other public
177	schools in the district. A charter school receiving property
178	from the school district may not sell or dispose of such
179	property without written permission of the school district.
180	Similarly, for an existing public school converting to charter
181	status, no rental or leasing fee for the existing facility or
182	for the property normally inventoried to the conversion school
183	may be charged by the district school board to the parents and
184	teachers organizing the charter school. The charter organizers
185	shall agree to reasonable maintenance provisions in order to
186	maintain the facility in a manner similar to district school
187	board standards. The Public Education Capital Outlay maintenance
188	funds or any other maintenance funds generated by the facility
189	operated as a conversion school shall remain with the conversion
190	school.
191	(f)  To the extent that charter school facilities are
192	specifically created to mitigate the educational impact created
193	by the development of new residential dwelling units, pursuant
194	to subparagraph (2)(c)4., any educational impact fees required
195	to be paid in connection with the new residential dwelling units
196	may be designated instead for the construction of the charter
197	school facilities that will mitigate the student station impact.
198	However, such facilities shall be built to the State
199	Requirements for Educational Facilities of the Florida Building
200	Code, adopted pursuant to s. 1013.37, and shall be owned by a
201	public or nonprofit entity. The local school district retains
202	the right to monitor and inspect such facilities to ensure
203	compliance with the State Requirements for Educational
204	Facilities. If the facilities cease to be used for public
205	educational purposes, the entire facility shall revert to the
206	school district. The party responsible for payment of the
207	educational impact fees and the local zoning authority levying
208	the educational impact fees shall enter into an agreement that
209	designates the educational impact fees that will be allocated
210	for the charter school student stations and that ensures the
211	timely and concurrent construction of the charter school student
212	stations.
213	(20)  SERVICES.--
214	(a)  A sponsor shall provide certain administrative and
215	educational services to charter schools. These services shall
216	include contract management services;, full-time equivalent and
217	data reporting services;, exceptional student education
218	administration services;, test administration services,
219	including payment of the costs of state-required or district-
220	required student assessments;, processing of teacher certificate
221	data services;, and information services, including equal access
222	to student information systems that are used by public schools
223	in the district in which the charter school is located. A total
224	administrative fee for the provision of such services shall be
225	calculated based upon 5 percent of the available funds defined
226	in paragraph (17)(b) for all students. However, a sponsor may
227	only withhold a 5-percent administrative fee for enrollment for
228	up to and including 500 students. For charter schools with a
229	population of 501 or more students, the difference between the
230	total administrative fee calculation and the amount of the
231	administrative fee withheld may only be used for capital outlay
232	purposes specified in s. 1013.62(2). Sponsors shall not charge
233	charter schools any additional fees or surcharges for
234	administrative and educational services in addition to the 5-
235	percent administrative fee withheld pursuant to this paragraph.
236	(b)  If goods and services are made available to the
237	charter school through the contract with the school district,
238	they shall be provided to the charter school at a rate no
239	greater than the district's actual cost unless mutually agreed
240	upon by the charter school and the sponsor in a contract
241	negotiated separately from the charter. When mediation has
242	failed to resolve disputes over contracted services or
243	contractual matters not included in the charter, an appeal may
244	be made for a dispute resolution hearing before the Charter
245	School Appeal Commission. To maximize the use of state funds,
246	school districts shall allow charter schools to participate in
247	the sponsor's bulk purchasing program if applicable.
248	Section 2.  The Department of Education is hereby directed
249	to conduct a study of transportation issues as they relate to
250	charter schools, including, but not limited to, full-time
251	equivalent and data reporting services with respect to
252	transportation; the impact that transporting charter school
253	students has on a school district's average bus occupancy and
254	the feasibility of calculating average bus occupancy separately
255	for charter schools and school districts; and the additional
256	costs of transporting students who choose not to attend
257	conversion charter schools. The results of the study shall be
258	presented to the President of the Senate, the Speaker of the
259	House of Representatives, and the Charter School Appeal
260	Commission no later than November 1, 2004, for a public hearing
261	and development of legislative recommendations.
262	Section 3.  Subsection (2) and paragraph (a) of subsection
263	(9) of section 1002.32, Florida Statutes, are amended to read:
264	1002.32  Developmental research (laboratory) schools.--
265	(2)  ESTABLISHMENT.--There is established a category of
266	public schools to be known as developmental research
267	(laboratory) schools (lab schools). Each lab school shall
268	provide sequential instruction and shall be affiliated with the
269	college of education within the state university of closest
270	geographic proximity. A lab school to which a charter has been
271	issued under s. 1002.33(5)(a) 2. must be affiliated with the
272	college of education within the state university that issued the
273	charter, but is not subject to the requirement that the state
274	university be of closest geographic proximity. For the purpose
275	of state funding, Florida Agricultural and Mechanical
276	University, Florida Atlantic University, Florida State
277	University, the University of Florida, and other universities
278	approved by the State Board of Education and the Legislature are
279	authorized to sponsor a lab school. The limitation of one lab
280	school per university shall not apply to the following charter
281	lab schools authorized prior to June 1, 2003: Florida State
282	University Charter Lab K-12 Elementary School in Broward County,
283	Florida Atlantic University Charter Lab 9-12 High School in Palm
284	Beach County, and Florida Atlantic University Charter Lab K-12
285	School in St. Lucie County.
286	(9)  FUNDING.--Funding for a lab school, including a
287	charter lab school, shall be provided as follows:
288	(a)  Each lab school shall be allocated its proportional
289	share of operating funds from the Florida Education Finance
290	Program as provided in s. 1011.62 based on the county in which
291	the lab school is located and the General Appropriations Act.
292	The nonvoted ad valorem millage that would otherwise be required
293	for lab schools shall be allocated from state funds. The
294	required local effort funds calculated pursuant to s. 1011.62
295	shall be allocated from state funds to the schools as a part of
296	the allocation of operating funds pursuant to s. 1011.62. Each
297	eligible lab school in operation as of September 1, 2002, shall
298	also receive a proportional share of the sparsity supplement as
299	calculated pursuant to s. 1011.62. In addition, each lab school
300	shall receive its proportional share of all categorical funds,
301	with the exception of s. 1011.68, and new categorical funds
302	enacted after July 1, 1994, for the purpose of elementary or
303	secondary academic program enhancement. The sum of funds
304	available as provided in this paragraph shall be included
305	annually in the Florida Education Finance Program and
306	appropriate categorical programs funded in the General
307	Appropriations Act.
308	Section 4.  If any provision of this act or the application
309	thereof to any person or circumstance is held invalid, the
310	invalidity shall not affect other provisions or applications of
311	the act which can be given effect without the invalid provision
312	or application, and to this end the provisions of this act are
313	declared severable.
314	Section 5.  This act shall take effect July 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.