Senate Bill sb0362c1

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    Florida Senate - 2004                            CS for SB 362

    By the Committee on Education; and Senator Constantine





    304-1994-04

  1                      A bill to be entitled

  2         An act relating to charter schools; amending s.

  3         1002.33, F.S.; requiring the charter of a

  4         charter school to contain information

  5         concerning the salary or salary range of each

  6         position in the charter school and an

  7         explanation of the method used in determining

  8         the salaries or salary ranges; prohibiting a

  9         charter school administrative employee's salary

10         and benefits from exceeding the maximum salary

11         and benefits adopted for an equivalent position

12         in the district school system by the district

13         school board in whose district the charter

14         school is located; providing that the local

15         district school board shall determine the

16         equivalent position; requiring the charter of a

17         charter school to contain information

18         concerning the employment of certain relatives

19         at the charter school; defining relative;

20         requiring the charter school to report salary

21         and benefit levels of each charter school

22         employee; providing for prospective

23         application; providing an effective date.

24  

25  Be It Enacted by the Legislature of the State of Florida:

26  

27         Section 1.  Paragraph (a) of subsection (7) and

28  paragraph (l) of subsection (9) of section 1002.33, Florida

29  Statutes, are amended to read:

30         1002.33  Charter schools.--

31  

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    Florida Senate - 2004                            CS for SB 362
    304-1994-04




 1         (7)  CHARTER.--The major issues involving the operation

 2  of a charter school shall be considered in advance and written

 3  into the charter. The charter shall be signed by the governing

 4  body of the charter school and the sponsor, following a public

 5  hearing to ensure community input.

 6         (a)  The charter shall address, and criteria for

 7  approval of the charter shall be based on:

 8         1.  The school's mission, the students to be served,

 9  and the ages and grades to be included.

10         2.  The focus of the curriculum, the instructional

11  methods to be used, any distinctive instructional techniques

12  to be employed, and identification and acquisition of

13  appropriate technologies needed to improve educational and

14  administrative performance which include a means for promoting

15  safe, ethical, and appropriate uses of technology which comply

16  with legal and professional standards. The charter shall

17  ensure that reading is a primary focus of the curriculum and

18  that resources are provided to identify and provide

19  specialized instruction for students who are reading below

20  grade level. The curriculum and instructional strategies for

21  reading must be consistent with the Sunshine State Standards

22  and grounded in scientifically based reading research.

23         3.  The current incoming baseline standard of student

24  academic achievement, the outcomes to be achieved, and the

25  method of measurement that will be used. The criteria listed

26  in this subparagraph shall include a detailed description for

27  each of the following:

28         a.  How the baseline student academic achievement

29  levels and prior rates of academic progress will be

30  established.

31  

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    Florida Senate - 2004                            CS for SB 362
    304-1994-04




 1         b.  How these baseline rates will be compared to rates

 2  of academic progress achieved by these same students while

 3  attending the charter school.

 4         c.  To the extent possible, how these rates of progress

 5  will be evaluated and compared with rates of progress of other

 6  closely comparable student populations.

 7  

 8  The district school board is required to provide academic

 9  student performance data to charter schools for each of their

10  students coming from the district school system, as well as

11  rates of academic progress of comparable student populations

12  in the district school system.

13         4.  The methods used to identify the educational

14  strengths and needs of students and how well educational goals

15  and performance standards are met by students attending the

16  charter school. Included in the methods is a means for the

17  charter school to ensure accountability to its constituents by

18  analyzing student performance data and by evaluating the

19  effectiveness and efficiency of its major educational

20  programs. Students in charter schools shall, at a minimum,

21  participate in the statewide assessment program created under

22  s. 1008.22.

23         5.  In secondary charter schools, a method for

24  determining that a student has satisfied the requirements for

25  graduation in s. 1003.43.

26         6.  A method for resolving conflicts between the

27  governing body of the charter school and the sponsor.

28         7.  The admissions procedures and dismissal procedures,

29  including the school's code of student conduct.

30         8.  The ways by which the school will achieve a

31  racial/ethnic balance reflective of the community it serves or

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    Florida Senate - 2004                            CS for SB 362
    304-1994-04




 1  within the racial/ethnic range of other public schools in the

 2  same school district.

 3         9.  The financial and administrative management of the

 4  school, including a reasonable demonstration of the

 5  professional experience or competence of those individuals or

 6  organizations applying to operate the charter school or those

 7  hired or retained to perform such professional services and

 8  the description of clearly delineated responsibilities and the

 9  policies and practices needed to effectively manage the

10  charter school. A description of internal audit procedures and

11  establishment of controls to ensure that financial resources

12  are properly managed must be included. Both public sector and

13  private sector professional experience shall be equally valid

14  in such a consideration.

15         10.  The asset and liability projections required in

16  the application which are incorporated into the charter and

17  which shall be compared with information provided in the

18  annual report of the charter school. The charter shall ensure

19  that, if a charter school internal audit reveals a deficit

20  financial position, the auditors are required to notify the

21  charter school governing board, the sponsor, and the

22  Department of Education. The internal auditor shall report

23  such findings in the form of an exit interview to the

24  principal or the principal administrator of the charter school

25  and the chair of the governing board within 7 working days

26  after finding the deficit position. A final report shall be

27  provided to the entire governing board, the sponsor, and the

28  Department of Education within 14 working days after the exit

29  interview.

30         11.  A description of procedures that identify various

31  risks and provide for a comprehensive approach to reduce the

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    Florida Senate - 2004                            CS for SB 362
    304-1994-04




 1  impact of losses; plans to ensure the safety and security of

 2  students and staff; plans to identify, minimize, and protect

 3  others from violent or disruptive student behavior; and the

 4  manner in which the school will be insured, including whether

 5  or not the school will be required to have liability

 6  insurance, and, if so, the terms and conditions thereof and

 7  the amounts of coverage.

 8         12.  The term of the charter which shall provide for

 9  cancellation of the charter if insufficient progress has been

10  made in attaining the student achievement objectives of the

11  charter and if it is not likely that such objectives can be

12  achieved before expiration of the charter. The initial term of

13  a charter shall be for 3, 4, or 5 years. In order to

14  facilitate access to long-term financial resources for charter

15  school construction, charter schools that are operated by a

16  municipality or other public entity as provided by law are

17  eligible for up to a 15-year charter, subject to approval by

18  the district school board. A charter lab school is eligible

19  for a charter for a term of up to 15 years. In addition, to

20  facilitate access to long-term financial resources for charter

21  school construction, charter schools that are operated by a

22  private, not-for-profit, s. 501(c)(3) status corporation are

23  eligible for up to a 10-year charter, subject to approval by

24  the district school board. Such long-term charters remain

25  subject to annual review and may be terminated during the term

26  of the charter, but only for specific good cause according to

27  the provisions set forth in subsection (8).

28         13.  The facilities to be used and their location.

29         14.  The qualifications to be required of the teachers

30  and the potential strategies used to recruit, hire, train, and

31  retain qualified staff to achieve best value.

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    Florida Senate - 2004                            CS for SB 362
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 1         15.  The governance structure of the school, including

 2  the status of the charter school as a public or private

 3  employer as required in paragraph (12)(i).

 4         16.  A timetable for implementing the charter which

 5  addresses the implementation of each element thereof and the

 6  date by which the charter shall be awarded in order to meet

 7  this timetable.

 8         17.  In the case of an existing public school being

 9  converted to charter status, alternative arrangements for

10  current students who choose not to attend the charter school

11  and for current teachers who choose not to teach in the

12  charter school after conversion in accordance with the

13  existing collective bargaining agreement or district school

14  board rule in the absence of a collective bargaining

15  agreement. However, alternative arrangements shall not be

16  required for current teachers who choose not to teach in a

17  charter lab school, except as authorized by the employment

18  policies of the state university which grants the charter to

19  the lab school.

20         18.  The salary or salary range for each position in

21  the charter school and an explanation of the method by which

22  the salaries or salary ranges are determined. The salary and

23  benefits of each charter school administrative employee may

24  not exceed the maximum salary and benefits adopted by the

25  district school board, in whose district the charter school is

26  located, for an equivalent position in the district school

27  system. The district school board, in whose district the

28  charter school is located, shall determine the equivalent

29  position.

30         19.  The identity of all relatives employed by the

31  charter school who are related to the charter school owner,

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    Florida Senate - 2004                            CS for SB 362
    304-1994-04




 1  president, chairperson of the board of directors,

 2  superintendent, board member, principal, assistant principal,

 3  or any other person employed by the charter school with

 4  equivalent decision-making authority. For purposes of this

 5  subparagraph, the term "relative" means father, mother, son,

 6  daughter, brother, sister, uncle, aunt, first cousin, nephew,

 7  niece, husband, wife, father-in-law, mother-in-law,

 8  son-in-law, daughter-in-law, brother-in-law, sister-in-law,

 9  stepfather, stepmother, stepson, stepdaughter, stepbrother,

10  stepsister, half brother, or half sister.

11         (9)  CHARTER SCHOOL REQUIREMENTS.--

12         (l)  The governing body of the charter school shall

13  report its progress annually to its sponsor, which shall

14  forward the report to the Commissioner of Education at the

15  same time as other annual school accountability reports. The

16  Department of Education shall include in its compilation a

17  notation if a school failed to file its report by the deadline

18  established by the department. The report shall include at

19  least the following components:

20         1.  Student achievement performance data, including the

21  information required for the annual school report and the

22  education accountability system governed by ss. 1008.31 and

23  1008.345. Charter schools are subject to the same

24  accountability requirements as other public schools, including

25  reports of student achievement information that links baseline

26  student data to the school's performance projections

27  identified in the charter. The charter school shall identify

28  reasons for any difference between projected and actual

29  student performance.

30         2.  Financial status of the charter school which must

31  include revenues and expenditures at a level of detail that

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    Florida Senate - 2004                            CS for SB 362
    304-1994-04




 1  allows for analysis of the ability to meet financial

 2  obligations and timely repayment of debt.

 3         3.  Documentation of the facilities in current use and

 4  any planned facilities for use by the charter school for

 5  instruction of students, administrative functions, or

 6  investment purposes.

 7         4.  Descriptive information about the charter school's

 8  personnel, including salary and benefit levels of each charter

 9  school employee employees, the proportion of instructional

10  personnel who hold professional or temporary certificates, and

11  the proportion of instructional personnel teaching in-field or

12  out-of-field.

13         Section 2.  This act shall take effect upon becoming a

14  law and shall apply to each charter school charter that is

15  approved or reapproved after the effective date of this act.

16  

17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
18                         Senate Bill 362

19                                 

20  The committee substitute provides that the salary and benefits
    of each charter school administrative employee may not exceed
21  the maximum salary and benefits for an equivalent district
    school position, as determined by the district school board in
22  whose district the charter school is located.

23  In addition, the committee substitute requires the charter
    school charter to contain information on the identity of
24  relatives employed by the charter school who are related to
    charter school management.
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