HB 1323

1	A bill to be entitled
2	An act relating to charter schools; amending s. 1002.33,
3	F.S.; authorizing the reconstitution of an existing
4	charter school; revising charter school purposes; revising
5	the charter school application process including review,
6	approval or denial, and appeal; revising provisions
7	relating to a charter agreement, term, and renewal;
8	revising causes for nonrenewal or termination of a
9	charter; revising provisions relating to payment and
10	reimbursement to a charter school by a school district;
11	authorizing certain zoning and land use designations for
12	certain charter school facilities; revising exemption from
13	assessment of fees; providing for additional services to
14	charter schools and revising administrative fee
15	requirements; requiring a Department of Education study
16	and report relating to the administrative fee; revising
17	information provided to the public; establishing the
18	Florida Charter School Accountability Authority and
19	providing for appointment of an authority board of
20	trustees; providing duties and responsibilities to
21	disseminate best practices, to sponsor, evaluate, and
22	oversee charter schools, and to provide charter school
23	information to the department; authorizing receipt and
24	expenditure of funds; amending s. 1012.01, F.S.; defining
25	charter school instructional personnel; amending s.
26	1012.231, F.S.; providing that the salary career ladder
27	for classroom teachers shall apply to charter school
28	classroom teachers; amending s. 1012.74, F.S.; providing
29	that educator professional liability insurance shall cover
30	charter school personnel; amending s. 1013.62, F.S.;
31	revising provisions relating to eligibility for and
32	allocation of charter school capital outlay funding;
33	revising purposes for which capital outlay funds may be
34	used; providing an effective date.
35
36	Be It Enacted by the Legislature of the State of Florida:
37
38	Section 1.  Section 1002.33, Florida Statutes, is amended
39	to read:
40	1002.33  Charter schools.--
41	(1)  AUTHORIZATION.--Charter schools shall be part of the
42	state's program of public education. All charter schools in
43	Florida are public schools. A charter school may be formed by
44	creating a new school, or converting an existing public school
45	to charter status, or reconstituting an existing charter school.
46	A public school may not use the term charter in its name unless
47	it has been approved under this section.
48	(2)  GUIDING PRINCIPLES; PURPOSE.--
49	(a)  Charter schools in Florida shall be guided by the
50	following principles:
51	1.  Meet high standards of student achievement while
52	providing parents flexibility to choose among diverse
53	educational opportunities within the state's public school
54	system.
55	2.  Promote enhanced academic success and financial
56	efficiency by aligning responsibility with accountability.
57	3.  Provide parents with sufficient information on whether
58	their child is reading at grade level and whether the child
59	gains at least a year's worth of learning for every year spent
60	in the charter school.
61	(b)  Charter schools shall fulfill one or more of the
62	following purposes:
63	1.  Improve student learning and academic achievement.
64	2.  Increase learning opportunities for all students, with
65	special emphasis on low-performing students and reading.
66	3.  Create new professional opportunities for teachers,
67	including ownership of the learning program at the school site.
68	4.  Encourage the use of innovative learning methods.
69	5.  Require the measurement of learning outcomes.
70	(c)  Charter schools may fulfill the following purposes:
71	1.  Create innovative measurement tools.
72	2.  Provide rigorous competition within the public school
73	district to stimulate continual improvement in all public
74	schools.
75	3.  Expand the capacity of the public school system.
76	4.  Mitigate the educational impact created by the
77	development of new residential dwelling units.
78	(3)  APPLICATION FOR CHARTER STATUS.--
79	(a)  An application for a new charter school may be made by
80	an individual, teachers, parents, a group of individuals, a
81	municipality, or a legal entity organized under the laws of this
82	state.
83	(b)  An application for a conversion charter school shall
84	be made by the district school board, the principal, teachers,
85	parents, and/or the school advisory council at an existing
86	public school that has been in operation for at least 2 years
87	prior to the application to convert., including A public school-
88	within-a-school that is designated as a school by the district
89	school board may also submit an application to convert to
90	charter status. An application submitted proposing to convert an
91	existing public school to a charter school shall demonstrate the
92	support of at least 50 percent of the teachers employed at the
93	school and 50 percent of the parents voting whose children are
94	enrolled at the school, provided that a majority of the parents
95	eligible to vote participate in the ballot process, according to
96	rules adopted by the State Board of Education. A district school
97	board denying an application for a conversion charter school
98	shall provide notice of denial to the applicants in writing
99	within 10 30 days after the meeting at which the district school
100	board denied the application. The notice must specify the
101	specific exact reasons for denial and must provide documentation
102	supporting those reasons. A private school, parochial school, or
103	home education program shall not be eligible for charter school
104	status.
105	(4)  UNLAWFUL REPRISAL.--
106	(a)  No district school board, or district school board
107	employee who has control over personnel actions, shall take
108	unlawful reprisal against another district school board employee
109	because that employee is either directly or indirectly involved
110	with an application to establish a charter school. As used in
111	this subsection, the term "unlawful reprisal" means an action
112	taken by a district school board or a school system employee
113	against an employee who is directly or indirectly involved in a
114	lawful application to establish a charter school, which occurs
115	as a direct result of that involvement, and which results in one
116	or more of the following: disciplinary or corrective action;
117	adverse transfer or reassignment, whether temporary or
118	permanent; suspension, demotion, or dismissal; an unfavorable
119	performance evaluation; a reduction in pay, benefits, or
120	rewards; elimination of the employee's position absent of a
121	reduction in workforce as a result of lack of moneys or work; or
122	other adverse significant changes in duties or responsibilities
123	that are inconsistent with the employee's salary or employment
124	classification. The following procedures shall apply to an
125	alleged unlawful reprisal that occurs as a consequence of an
126	employee's direct or indirect involvement with an application to
127	establish a charter school:
128	1.  Within 60 days after the date upon which a reprisal
129	prohibited by this subsection is alleged to have occurred, an
130	employee may file a complaint with the Department of Education.
131	2.  Within 3 working days after receiving a complaint under
132	this section, the Department of Education shall acknowledge
133	receipt of the complaint and provide copies of the complaint and
134	any other relevant preliminary information available to each of
135	the other parties named in the complaint, which parties shall
136	each acknowledge receipt of such copies to the complainant.
137	3.  If the Department of Education determines that the
138	complaint demonstrates reasonable cause to suspect that an
139	unlawful reprisal has occurred, the Department of Education
140	shall conduct an investigation to produce a fact-finding report.
141	4.  Within 90 days after receiving the complaint, the
142	Department of Education shall provide the district school
143	superintendent of the complainant's district and the complainant
144	with a fact-finding report that may include recommendations to
145	the parties or a proposed resolution of the complaint. The fact-
146	finding report shall be presumed admissible in any subsequent or
147	related administrative or judicial review.
148	5.  If the Department of Education determines that
149	reasonable grounds exist to believe that an unlawful reprisal
150	has occurred, is occurring, or is to be taken, and is unable to
151	conciliate a complaint within 60 days after receipt of the fact-
152	finding report, the Department of Education shall terminate the
153	investigation. Upon termination of any investigation, the
154	Department of Education shall notify the complainant and the
155	district school superintendent of the termination of the
156	investigation, providing a summary of relevant facts found
157	during the investigation and the reasons for terminating the
158	investigation. A written statement under this paragraph is
159	presumed admissible as evidence in any judicial or
160	administrative proceeding.
161	6.  The Department of Education shall either contract with
162	the Division of Administrative Hearings under s. 120.65, or
163	otherwise provide for a complaint for which the Department of
164	Education determines reasonable grounds exist to believe that an
165	unlawful reprisal has occurred, is occurring, or is to be taken,
166	and is unable to conciliate, to be heard by a panel of impartial
167	persons. Upon hearing the complaint, the panel shall make
168	findings of fact and conclusions of law for a final decision by
169	the Department of Education.
170
171	It shall be an affirmative defense to any action brought
172	pursuant to this section that the adverse action was predicated
173	upon grounds other than, and would have been taken absent, the
174	employee's exercise of rights protected by this section.
175	(b)  In any action brought under this section for which it
176	is determined reasonable grounds exist to believe that an
177	unlawful reprisal has occurred, is occurring, or is to be taken,
178	the relief shall include the following:
179	1.  Reinstatement of the employee to the same position held
180	before the unlawful reprisal was commenced, or to an equivalent
181	position, or payment of reasonable front pay as alternative
182	relief.
183	2.  Reinstatement of the employee's full fringe benefits
184	and seniority rights, as appropriate.
185	3.  Compensation, if appropriate, for lost wages, benefits,
186	or other lost remuneration caused by the unlawful reprisal.
187	4.  Payment of reasonable costs, including attorney's fees,
188	to a substantially prevailing employee, or to the prevailing
189	employer if the employee filed a frivolous action in bad faith.
190	5.  Issuance of an injunction, if appropriate, by a court
191	of competent jurisdiction.
192	6.  Temporary reinstatement to the employee's former
193	position or to an equivalent position, pending the final outcome
194	of the complaint, if it is determined that the action was not
195	made in bad faith or for a wrongful purpose, and did not occur
196	after a district school board's initiation of a personnel action
197	against the employee that includes documentation of the
198	employee's violation of a disciplinary standard or performance
199	deficiency.
200	(5)  SPONSOR; DUTIES.--
201	(a)  Sponsoring entities.--
202	1.  A district school board may sponsor a charter school in
203	the county over which the district school board has
204	jurisdiction.
205	2.  A state university may grant a charter to a lab school
206	created under s. 1002.32 and shall be considered to be the
207	school's sponsor. Such school shall be considered a charter lab
208	school.
209	3.  The Florida Charter School Accountability Authority may
210	sponsor a charter school.
211	(b)  Sponsor duties.--
212	1.  The sponsor shall monitor and review the charter school
213	in its progress toward the goals established in the charter.
214	2.  The sponsor shall monitor the revenues and expenditures
215	of the charter school.
216	3.  The sponsor may approve a charter for a charter school
217	before the applicant has secured space, equipment, or personnel,
218	if the applicant indicates approval is necessary for it to raise
219	working funds capital.
220	4.  The sponsor's policies shall not apply to a charter
221	school, unless mutually agreed to by both the sponsor and the
222	charter school.
223	5.  The sponsor shall ensure that the charter is innovative
224	and consistent with the state education goals established by s.
225	1000.03(5).
226	6.  The sponsor shall ensure that the charter school
227	participates in the state's education accountability system. If
228	a charter school falls short of performance measures included in
229	the approved charter, the sponsor shall report such shortcomings
230	to the Department of Education.
231
232	A community college may work with the school district or school
233	districts in its designated service area to develop charter
234	schools that offer secondary education. These charter schools
235	must include an option for students to receive an associate
236	degree upon high school graduation. District school boards shall
237	cooperate with and assist the community college on the charter
238	application. Community college applications for charter schools
239	are not subject to the time deadlines outlined in subsection (6)
240	and may be approved by the district school board at any time
241	during the year. Community colleges shall not report FTE for any
242	students who receive FTE funding through the Florida Education
243	Finance Program.
244	(6)  APPLICATION PROCESS AND REVIEW.--Charter school
245	Beginning September 1, 2003, applications are subject to the
246	following requirements:
247	(a)  A person or entity wishing to open a charter school
248	shall prepare an application that:
249	1.  Demonstrates how the school will use the guiding
250	principles and meet the statutorily defined purpose of a charter
251	school.
252	2.  Provides a detailed curriculum plan that illustrates
253	how students will be provided services to attain the Sunshine
254	State Standards.
255	3.  Contains goals and objectives for improving student
256	learning and measuring that improvement. These goals and
257	objectives must indicate how much academic improvement students
258	are expected to show each year, how success will be evaluated,
259	and the specific results to be attained through instruction.
260	4.  Describes the reading curriculum and differentiated
261	strategies that will be used for students reading at grade level
262	or higher and a separate curriculum and strategies for students
263	who are reading below grade level. A sponsor shall deny a
264	charter if the school does not propose a reading curriculum that
265	is consistent with effective teaching strategies that are
266	grounded in scientifically based reading research.
267	5.  Contains an annual financial plan for each year
268	requested by the charter for operation of the school for up to 5
269	years. This plan must contain anticipated fund balances based on
270	revenue projections, a spending plan based on projected revenues
271	and expenses, and a description of controls that will safeguard
272	finances and projected enrollment trends.
273	(b)  A district school board shall receive and review all
274	applications for a charter school. Beginning with the 2005-2006
275	school year, a district school board shall receive and consider
276	charter school applications received on or before June September
277	1 of each calendar year for charter schools to be opened at the
278	beginning of the school district's next school year, or to be
279	opened at a time agreed to by the applicant and the district
280	school board. A district school board may receive applications
281	later than this date if it chooses. A sponsor may not charge an
282	applicant for a charter any fee for the processing or
283	consideration of an application, and a sponsor may not base its
284	consideration or approval of an application upon the promise of
285	future payment of any kind.
286	1.  In order to facilitate an accurate budget projection
287	process, a district school board shall be held harmless for FTE
288	students who are not included in the FTE projection due to
289	approval of charter school applications after the FTE projection
290	deadline. In a further effort to facilitate an accurate budget
291	projection, within 15 calendar days after receipt of a charter
292	school application, a district school board or other sponsor
293	shall report to the Department of Education the name of the
294	applicant entity, the proposed charter school location, and its
295	projected FTE.
296	2.  In order to ensure fiscal responsibility, an
297	application for a charter school shall include a full accounting
298	of expected assets, a projection of expected sources and amounts
299	of income, including income derived from projected student
300	enrollments and from community support, and an expense
301	projection that includes full accounting of the costs of
302	operation, including start-up costs.
303	3.  A district school board shall by a majority vote
304	approve or deny an application no later than 60 calendar days
305	after the application is received, unless the district school
306	board and the applicant mutually agree in writing to temporarily
307	postpone the vote for an additional 30 days to a specific date,
308	at which time the district school board shall by a majority vote
309	approve or deny the application. If the district school board
310	fails to act on the application, an applicant may appeal to the
311	State Board of Education as provided in paragraph (c). If an
312	application is denied, the district school board shall, within
313	10 calendar days, articulate in writing the specific reasons for
314	based upon good cause supporting its denial of the charter
315	application and must provide documentation supporting those
316	reasons.
317	4.  For budget projection purposes, the district school
318	board or other sponsor shall report to the Department of
319	Education the approval or denial of a charter application within
320	10 calendar days after such approval or denial. In the event of
321	approval, the report to the Department of Education shall
322	include the final projected FTE for the approved charter school.
323	5.  Upon approval of a charter application, the initial
324	school year startup shall commence with the beginning of the
325	public school calendar for the district in which the charter is
326	granted unless the district school board allows a waiver of this
327	provision for good cause.
328	(c)  An applicant may appeal any denial of that applicant's
329	application or failure to act on an application to the State
330	Board of Education no later than 30 calendar days after receipt
331	of the district school board's decision or failure to act and
332	shall notify the district school board of its appeal. Any
333	response of the district school board shall be submitted to the
334	State Board of Education within 30 calendar days after
335	notification of the appeal. Upon receipt of notification from
336	the State Board of Education that a charter school applicant is
337	filing an appeal, the Commissioner of Education shall convene a
338	meeting of the Charter School Appeal Commission to study and
339	make recommendations to the State Board of Education regarding
340	its pending decision about the appeal. The commission shall
341	forward its recommendation to the state board no later than 7
342	calendar days prior to the date on which the appeal is to be
343	heard. The State Board of Education shall by majority vote
344	accept or reject the decision of the district school board no
345	later than 90 calendar days after an appeal is filed in
346	accordance with State Board of Education rule. The Charter
347	School Appeal Commission may reject an appeal submission for
348	failure to comply with procedural rules governing the appeals
349	process. The rejection shall describe the submission errors. The
350	appellant may have up to 15 calendar days from notice of
351	rejection to resubmit an appeal that meets requirements of State
352	Board of Education rule. An application for appeal submitted
353	subsequent to such rejection shall be considered timely if the
354	original appeal was filed within 30 calendar days after receipt
355	of notice of the specific reasons for the district school
356	board's denial of the charter application. The State Board of
357	Education shall remand the application to the district school
358	board with its written decision that the district school board
359	approve or deny the application. The district school board shall
360	implement the decision of the State Board of Education. The
361	decision of the State Board of Education is not subject to the
362	provisions of the Administrative Procedure Act, chapter 120.
363	(d)  The district school board shall act upon the decision
364	of the State Board of Education within 30 calendar days after it
365	is received. The State Board of Education's decision is a final
366	action subject to judicial review.
367	(e)1.  A Charter School Appeal Commission is established to
368	assist the commissioner and the State Board of Education with a
369	fair and impartial review of appeals by applicants whose charter
370	applications have been denied, whose charter contracts have not
371	been renewed or have been terminated by their sponsors, or whose
372	disputes over contract negotiations have not been resolved
373	through mediation.
374	2.  The Charter School Appeal Commission may receive copies
375	of the appeal documents forwarded to the State Board of
376	Education, review the documents, gather other applicable
377	information regarding the appeal, and make a written
378	recommendation to the commissioner. The recommendation must
379	state whether the appeal should be upheld or denied and include
380	the reasons for the recommendation being offered. The
381	commissioner shall forward the recommendation to the State Board
382	of Education no later than 7 calendar days prior to the date on
383	which the appeal is to be heard. The state board must consider
384	the commission's recommendation in making its decision, but is
385	not bound by the recommendation. The decision of the Charter
386	School Appeal Commission is not subject to the provisions of the
387	Administrative Procedure Act, chapter 120.
388	3.  The commissioner shall appoint the members of the
389	Charter School Appeal Commission. Members shall serve without
390	compensation but may be reimbursed for travel and per diem
391	expenses in conjunction with their service. One-half of the
392	members must represent currently operating charter schools, and
393	one-half of the members must represent school districts. The
394	commissioner or a named designee shall chair the Charter School
395	Appeal Commission.
396	4.  The chair shall convene meetings of the commission and
397	shall ensure that the written recommendations are completed and
398	forwarded in a timely manner. In cases where the commission
399	cannot reach a decision, the chair shall make the written
400	recommendation with justification, noting that the decision was
401	rendered by the chair.
402	5.  Commission members shall thoroughly review the
403	materials presented to them from the appellant and the sponsor.
404	The commission may request information to clarify the
405	documentation presented to it. In the course of its review, the
406	commission may facilitate the postponement of an appeal in those
407	cases where additional time and communication may negate the
408	need for a formal appeal and both parties agree, in writing, to
409	postpone the appeal to the State Board of Education. A new date
410	certain for the appeal shall then be set based upon the rules
411	and procedures of the State Board of Education. Commission
412	members shall provide a written recommendation to the state
413	board as to whether the appeal should be upheld or denied. A
414	fact-based justification for the recommendation must be
415	included. The chair must ensure that the written recommendation
416	is submitted to the State Board of Education members no later
417	than 7 calendar days prior to the date on which the appeal is to
418	be heard. Both parties in the case shall also be provided a copy
419	of the recommendation.
420	(f)  The Department of Education may provide technical
421	assistance to an applicant upon written request.
422	(g)  In considering charter applications for a lab school,
423	a state university shall consult with the district school board
424	of the county in which the lab school is located. The decision
425	of a state university may be appealed pursuant to the procedure
426	established in this subsection.
427	(h)  A decision of the Florida Charter School
428	Accountability Authority with respect to application for a
429	charter school may be appealed pursuant to the procedure
430	established in this subsection.
431	(i)(h)  The terms and conditions for the operation of a
432	charter school shall be set forth by the sponsor and the
433	applicant in a written contractual agreement, called a charter.
434	The sponsor shall not impose unreasonable rules or regulations
435	that violate the intent of giving charter schools greater
436	flexibility to meet educational goals. The applicant and sponsor
437	shall have 3 6 months in which to mutually agree to the
438	provisions of the charter. The charter must be provided to the
439	charter school at least 7 calendar days prior to the date on
440	which the charter is scheduled to be heard by the sponsor. The
441	Department of Education shall provide mediation services for any
442	dispute regarding this section subsequent to the approval of a
443	charter application and for any dispute relating to the approved
444	charter, except disputes regarding charter school application
445	denials. If the Commissioner of Education determines that the
446	dispute cannot be settled through mediation, the dispute may be
447	appealed to an administrative law judge appointed by the
448	Division of Administrative Hearings. The administrative law
449	judge may rule on issues of equitable treatment of the charter
450	school as a public school, whether proposed provisions of the
451	charter violate the intended flexibility granted charter schools
452	by statute, or on any other matter regarding this section except
453	a charter school application denial, a charter termination, or a
454	charter nonrenewal and shall award the prevailing party
455	reasonable attorney's fees and costs incurred to be paid by the
456	losing party. The costs of the administrative hearing shall be
457	paid by the party whom the administrative law judge rules
458	against.
459	(7)  CHARTER.--The major issues involving the operation of
460	a charter school shall be considered in advance and written into
461	the charter. The charter shall be signed by the governing body
462	of the charter school and the sponsor, following a public
463	hearing to ensure community input.
464	(a)  The charter shall address, and criteria for approval
465	of the charter shall be based on:
466	1.  The school's mission, the students to be served, and
467	the ages and grades to be included.
468	2.  The focus of the curriculum, the instructional methods
469	to be used, any distinctive instructional techniques to be
470	employed, and identification and acquisition of appropriate
471	technologies needed to improve educational and administrative
472	performance which include a means for promoting safe, ethical,
473	and appropriate uses of technology which comply with legal and
474	professional standards. The charter shall ensure that reading is
475	a primary focus of the curriculum and that resources are
476	provided to identify and provide specialized instruction for
477	students who are reading below grade level. The curriculum and
478	instructional strategies for reading must be consistent with the
479	Sunshine State Standards and grounded in scientifically based
480	reading research.
481	3.  The current incoming baseline standard of student
482	academic achievement, the outcomes to be achieved, and the
483	method of measurement that will be used. The criteria listed in
484	this subparagraph shall include a detailed description for each
485	of the following:
486	a.  How the baseline student academic achievement levels
487	and prior rates of academic progress will be established.
488	b.  How these baseline rates will be compared to rates of
489	academic progress achieved by these same students while
490	attending the charter school.
491	c.  To the extent possible, how these rates of progress
492	will be evaluated and compared with rates of progress of other
493	closely comparable student populations.
494
495	The district school board is required to provide academic
496	student performance data to charter schools for each of their
497	students coming from the district school system, as well as
498	rates of academic progress of comparable student populations in
499	the district school system.
500	4.  The methods used to identify the educational strengths
501	and needs of students and how well educational goals and
502	performance standards are met by students attending the charter
503	school. Included in the methods is a means for the charter
504	school to ensure accountability to its constituents by analyzing
505	student performance data and by evaluating the effectiveness and
506	efficiency of its major educational programs. Students in
507	charter schools shall, at a minimum, participate in the
508	statewide assessment program created under s. 1008.22.
509	5.  In secondary charter schools, a method for determining
510	that a student has satisfied the requirements for graduation in
511	s. 1003.43.
512	6.  A method for resolving conflicts between the governing
513	body of the charter school and the sponsor.
514	7.  The admissions procedures and dismissal procedures,
515	including the school's code of student conduct.
516	8.  The ways by which the school will achieve a
517	racial/ethnic balance reflective of the community it serves or
518	within the racial/ethnic range of other public schools in the
519	same school district.
520	9.  The financial and administrative management of the
521	school, including a reasonable demonstration of the professional
522	experience or competence of those individuals or organizations
523	applying to operate the charter school or those hired or
524	retained to perform such professional services and the
525	description of clearly delineated responsibilities and the
526	policies and practices needed to effectively manage the charter
527	school. A description of internal audit procedures and
528	establishment of controls to ensure that financial resources are
529	properly managed must be included. Both public sector and
530	private sector professional experience shall be equally valid in
531	such a consideration.
532	10.  The asset and liability projections required in the
533	application which are incorporated into the charter and which
534	shall be compared with information provided in the annual report
535	of the charter school. The charter shall ensure that, if a
536	charter school internal audit reveals a deficit financial
537	position, the auditors are required to notify the charter school
538	governing board, the sponsor, and the Department of Education.
539	The internal auditor shall report such findings in the form of
540	an exit interview to the principal or the principal
541	administrator of the charter school and the chair of the
542	governing board within 7 working days after finding the deficit
543	position. A final report shall be provided to the entire
544	governing board, the sponsor, and the Department of Education
545	within 14 working days after the exit interview.
546	11.  A description of procedures that identify various
547	risks and provide for a comprehensive approach to reduce the
548	impact of losses; plans to ensure the safety and security of
549	students and staff; plans to identify, minimize, and protect
550	others from violent or disruptive student behavior; and the
551	manner in which the school will be insured, including whether or
552	not the school will be required to have liability insurance,
553	and, if so, the terms and conditions thereof and the amounts of
554	coverage.
555	12.  The term of the charter which shall provide for
556	cancellation of the charter if insufficient progress has been
557	made in attaining the student achievement objectives of the
558	charter and if it is not likely that such objectives can be
559	achieved before expiration of the charter. The initial term of a
560	charter shall be for 3, 4, or 5 years. In order to facilitate
561	access to long-term financial resources for charter school
562	construction, charter schools that are operated by a
563	municipality or other public entity as provided by law are
564	eligible for up to a 15-year charter, subject to approval by the
565	district school board. A charter lab school is eligible for a
566	charter for a term of up to 15 years. In addition, to facilitate
567	access to long-term financial resources for charter school
568	construction, charter schools that are operated by a private,
569	not-for-profit, s. 501(c)(3) status corporation are eligible for
570	up to a 15-year 10-year charter, subject to approval by the
571	district school board. Such long-term charters remain subject to
572	annual review and may be terminated during the term of the
573	charter, but only for specific good cause according to the
574	provisions set forth in subsection (8).
575	13.  The facilities to be used and their location.
576	14.  The qualifications to be required of the teachers and
577	the potential strategies used to recruit, hire, train, and
578	retain qualified staff to achieve best value.
579	15.  The governance structure of the school, including the
580	status of the charter school as a public or private employer as
581	required in paragraph (12)(i).
582	16.  A timetable for implementing the charter which
583	addresses the implementation of each element thereof and the
584	date by which the charter shall be awarded in order to meet this
585	timetable.
586	17.  In the case of an existing public school being
587	converted to charter status, alternative arrangements for
588	current students who choose not to attend the charter school and
589	for current teachers who choose not to teach in the charter
590	school after conversion in accordance with the existing
591	collective bargaining agreement or district school board rule in
592	the absence of a collective bargaining agreement. However,
593	alternative arrangements shall not be required for current
594	teachers who choose not to teach in a charter lab school, except
595	as authorized by the employment policies of the state university
596	which grants the charter to the lab school.
597	(b)  A charter may be renewed every 5 school years,
598	provided that a program review demonstrates that the criteria in
599	paragraph (a) have been successfully accomplished and that none
600	of the grounds for nonrenewal established by paragraph (8)(a)
601	has been documented. In order to facilitate long-term financing
602	for charter school construction, charter schools operating for a
603	minimum of 2 years and demonstrating exemplary academic
604	programming and fiscal management shall be granted are eligible
605	for a 15-year charter renewal. Such long-term charter is subject
606	to annual review and may be terminated during the term of the
607	charter.
608	(c)  A charter may be modified during its initial term or
609	any renewal term upon the recommendation of the sponsor or the
610	charter school governing board and the approval of both parties
611	to the agreement.
612	(8)  CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.--
613	(a)  At the end of the term of a charter, the sponsor may
614	choose not to renew the charter for any of the following
615	grounds:
616	1.  Failure to participate in the state's education
617	accountability system created in s. 1008.31, as required in this
618	section, or failure to meet the requirements for student
619	performance stated in the charter.
620	2.  Failure to meet generally accepted standards of fiscal
621	management.
622	3.  Violation of law.
623	4.  Determination by the sponsor that the health, safety,
624	or welfare of the students is threatened Other good cause shown.
625	(b)  During the term of a charter, the sponsor may
626	terminate the charter for any of the grounds listed in paragraph
627	(a).
628	(c)  At least 90 days prior to renewing or terminating a
629	charter, the sponsor shall notify the governing body of the
630	school of the proposed action in writing. The notice shall state
631	in reasonable detail the grounds for the proposed action and
632	stipulate that the school's governing body may, within 14
633	calendar days after receiving the notice, request an informal
634	hearing before the sponsor. The sponsor shall conduct the
635	informal hearing within 30 calendar days after receiving a
636	written request. The charter school's governing body may, within
637	14 calendar days after receiving the sponsor's decision to
638	terminate or refuse to renew the charter, appeal the decision
639	pursuant to the procedure established in subsection (6).
640	(d)  A charter may be terminated immediately if the sponsor
641	determines that good cause has been shown or if the health,
642	safety, or welfare of the students is threatened. The school
643	district in which the charter school is located shall assume
644	operation of the school under these circumstances. The charter
645	school's governing board may, within 14 days after receiving the
646	sponsor's decision to terminate the charter, appeal the decision
647	pursuant to the procedure established in subsection (6).
648	(e)  When a charter is not renewed or is terminated, the
649	school shall be dissolved under the provisions of law under
650	which the school was organized, and any unencumbered public
651	funds, except for capital outlay funds, from the charter school
652	shall revert to the sponsor district school board. Capital
653	outlay funds provided pursuant to s. 1013.62 that are
654	unencumbered shall revert to the department to be redistributed
655	among eligible charter schools. In the event a charter school is
656	dissolved or is otherwise terminated, all district school board
657	property and improvements, furnishings, and equipment purchased
658	with public funds shall automatically revert to full ownership
659	by the district school board, subject to complete satisfaction
660	of any lawful liens or encumbrances. Any unencumbered public
661	funds from the charter school, district school board property
662	and improvements, furnishings, and equipment purchased with
663	public funds, or financial or other records pertaining to the
664	charter school, in the possession of any person, entity, or
665	holding company, other than the charter school, shall be held in
666	trust upon the district school board's request, until any appeal
667	status is resolved.
668	(f)  If a charter is not renewed or is terminated, the
669	charter school is responsible for all debts of the charter
670	school. The district may not assume the debt from any contract
671	for services made between the governing body of the school and a
672	third party, except for a debt that is previously detailed and
673	agreed upon in writing by both the district and the governing
674	body of the school and that may not reasonably be assumed to
675	have been satisfied by the district.
676	(g)  If a charter is not renewed or is terminated, a
677	student who attended the school may apply to, and shall be
678	enrolled in, another public school. Normal application deadlines
679	shall be disregarded under such circumstances.
680	(9)  CHARTER SCHOOL REQUIREMENTS.--
681	(a)  A charter school shall be nonsectarian in its
682	programs, admission policies, employment practices, and
683	operations.
684	(b)  A charter school shall admit students as provided in
685	subsection (10).
686	(c)  A charter school shall be accountable to its sponsor
687	for performance as provided in subsection (7).
688	(d)  A charter school shall not charge tuition or
689	registration fees, except those fees normally charged by other
690	public schools. However, a charter lab school may charge a
691	student activity and service fee as authorized by s. 1002.32(5).
692	(e)  A charter school shall meet all applicable state and
693	local health, safety, and civil rights requirements.
694	(f)  A charter school shall not violate the
695	antidiscrimination provisions of s. 1000.05.
696	(g)  A charter school shall provide for an annual financial
697	audit in accordance with s. 218.39.
698	(h)  No organization shall hold more than 25 15 charters
699	statewide.
700	(i)  In order to provide financial information that is
701	comparable to that reported for other public schools, charter
702	schools are to maintain all financial records which constitute
703	their accounting system:
704	1.  In accordance with the accounts and codes prescribed in
705	the most recent issuance of the publication titled "Financial
706	and Program Cost Accounting and Reporting for Florida Schools";
707	or
708	2.  At the discretion of the charter school governing
709	board, a charter school may elect to follow generally accepted
710	accounting standards for not-for-profit organizations, but must
711	reformat this information for reporting according to this
712	paragraph.
713
714	Charter schools are to provide annual financial report and
715	program cost report information in the state-required formats
716	for inclusion in district reporting in compliance with s.
717	1011.60(1). Charter schools that are operated by a municipality
718	or are a component unit of a parent nonprofit organization may
719	use the accounting system of the municipality or the parent but
720	must reformat this information for reporting according to this
721	paragraph.
722	(j)  The governing board of the charter school shall
723	annually adopt and maintain an operating budget.
724	(k)  The governing body of the charter school shall
725	exercise continuing oversight over charter school operations.
726	(l)  The governing body of the charter school shall report
727	its progress annually to its sponsor, which shall forward the
728	report to the Commissioner of Education at the same time as
729	other annual school accountability reports. The Department of
730	Education shall include in its compilation a notation if a
731	school failed to file its report by the deadline established by
732	the department. The report shall include at least the following
733	components:
734	1.  Student achievement performance data, including the
735	information required for the annual school report and the
736	education accountability system governed by ss. 1008.31 and
737	1008.345. Charter schools are subject to the same accountability
738	requirements as other public schools, including reports of
739	student achievement information that links baseline student data
740	to the school's performance projections identified in the
741	charter. The charter school shall identify reasons for any
742	difference between projected and actual student performance.
743	2.  Financial status of the charter school which must
744	include revenues and expenditures at a level of detail that
745	allows for analysis of the ability to meet financial obligations
746	and timely repayment of debt.
747	3.  Documentation of the facilities in current use and any
748	planned facilities for use by the charter school for instruction
749	of students, administrative functions, or investment purposes.
750	4.  Descriptive information about the charter school's
751	personnel, including salary and benefit levels of charter school
752	employees, the proportion of instructional personnel who hold
753	professional or temporary certificates, and the proportion of
754	instructional personnel teaching in-field or out-of-field.
755	(m)  A charter school shall not levy taxes or issue bonds
756	secured by tax revenues.
757	(n)  A charter school shall provide instruction for at
758	least the number of days required by law for other public
759	schools, and may provide instruction for additional days.
760	(10)  ELIGIBLE STUDENTS.--
761	(a)  A charter school shall be open to any student covered
762	in an interdistrict agreement or residing in the school district
763	in which the charter school is located; however, in the case of
764	a charter lab school, the charter lab school shall be open to
765	any student eligible to attend the lab school as provided in s.
766	1002.32 or who resides in the school district in which the
767	charter lab school is located. Any eligible student shall be
768	allowed interdistrict transfer to attend a charter school when
769	based on good cause.
770	(b)  The charter school shall enroll an eligible student
771	who submits a timely application, unless the number of
772	applications exceeds the capacity of a program, class, grade
773	level, or building. In such case, all applicants shall have an
774	equal chance of being admitted through a random selection
775	process.
776	(c)  When a public school converts to charter status,
777	enrollment preference shall be given to students who would have
778	otherwise attended that public school.
779	(d)  A charter school may give enrollment preference to the
780	following student populations:
781	1.  Students who are siblings of a student enrolled in the
782	charter school.
783	2.  Students who are the children of a member of the
784	governing board of the charter school.
785	3.  Students who are the children of an employee of the
786	charter school.
787	(e)  A charter school may limit the enrollment process only
788	to target the following student populations:
789	1.  Students within specific age groups or grade levels.
790	2.  Students considered at risk of dropping out of school
791	or academic failure. Such students shall include exceptional
792	education students.
793	3.  Students enrolling in a charter school-in-the-workplace
794	or charter school-in-a-municipality established pursuant to
795	subsection (15).
796	4.  Students residing within a reasonable distance of the
797	charter school, as described in paragraph (20)(c). Such students
798	shall be subject to a random lottery and to the racial/ethnic
799	balance provisions described in subparagraph (7)(a)8. or any
800	federal provisions that require a school to achieve a
801	racial/ethnic balance reflective of the community it serves or
802	within the racial/ethnic range of other public schools in the
803	same school district.
804	5.  Students who meet reasonable academic, artistic, or
805	other eligibility standards established by the charter school
806	and included in the charter school application and charter or,
807	in the case of existing charter schools, standards that are
808	consistent with the school's mission and purpose. Such standards
809	shall be in accordance with current state law and practice in
810	public schools and may not discriminate against otherwise
811	qualified individuals.
812	6.  Students articulating from one charter school to
813	another pursuant to an articulation agreement between the
814	charter schools that has been approved by the sponsor.
815	(f)  Students with handicapping conditions and students
816	served in English for Speakers of Other Languages programs shall
817	have an equal opportunity of being selected for enrollment in a
818	charter school.
819	(g)  A student may withdraw from a charter school at any
820	time and enroll in another public school as determined by
821	district school board rule.
822	(h)  The capacity of the charter school shall be determined
823	annually by the governing board, in conjunction with the
824	sponsor, of the charter school in consideration of the factors
825	identified in this subsection.
826	(11)  PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR
827	ACTIVITIES.--A charter school student is eligible to participate
828	in an interscholastic extracurricular activity at the public
829	school to which the student would be otherwise assigned to
830	attend pursuant to s. 1006.15(3)(d).
831	(12)  EMPLOYEES OF CHARTER SCHOOLS.--
832	(a)  A charter school shall select its own employees. A
833	charter school may contract with its sponsor for the services of
834	personnel employed by the sponsor.
835	(b)  Charter school employees shall have the option to
836	bargain collectively. Employees may collectively bargain as a
837	separate unit or as part of the existing district collective
838	bargaining unit as determined by the structure of the charter
839	school.
840	(c)  The employees of a conversion charter school shall
841	remain public employees for all purposes, unless such employees
842	choose not to do so.
843	(d)  The teachers at a charter school may choose to be part
844	of a professional group that subcontracts with the charter
845	school to operate the instructional program under the auspices
846	of a partnership or cooperative that they collectively own.
847	Under this arrangement, the teachers would not be public
848	employees.
849	(e)  Employees of a school district may take leave to
850	accept employment in a charter school upon the approval of the
851	district school board. While employed by the charter school and
852	on leave that is approved by the district school board, the
853	employee may retain seniority accrued in that school district
854	and may continue to be covered by the benefit programs of that
855	school district, if the charter school and the district school
856	board agree to this arrangement and its financing. School
857	districts shall not require resignations of teachers desiring to
858	teach in a charter school. This paragraph shall not prohibit a
859	district school board from approving alternative leave
860	arrangements consistent with chapter 1012.
861	(f)  Teachers employed by or under contract to a charter
862	school shall be certified as required by chapter 1012. A charter
863	school governing board may employ or contract with skilled
864	selected noncertified personnel to provide instructional
865	services or to assist instructional staff members as education
866	paraprofessionals in the same manner as defined in chapter 1012,
867	and as provided by State Board of Education rule for charter
868	school governing boards. A charter school may not knowingly
869	employ an individual to provide instructional services or to
870	serve as an education paraprofessional if the individual's
871	certification or licensure as an educator is suspended or
872	revoked by this or any other state. A charter school may not
873	knowingly employ an individual who has resigned from a school
874	district in lieu of disciplinary action with respect to child
875	welfare or safety, or who has been dismissed for just cause by
876	any school district with respect to child welfare or safety. The
877	qualifications of teachers shall be disclosed to parents.
878	(g)  A charter school shall employ or contract with
879	employees who have undergone background screening as provided in
880	s. 1012.32. Members of the governing board of the charter school
881	shall also undergo background screening in a manner similar to
882	that provided in s. 1012.32.
883	(h)  For the purposes of tort liability, the governing body
884	and employees of a charter school shall be governed by s.
885	768.28.
886	(i)  A charter school shall organize as, or be operated by,
887	a nonprofit organization. A charter school may be operated by a
888	municipality or other public entity as provided for by law. As
889	such, the charter school may be either a private or a public
890	employer. As a public employer, a charter school may participate
891	in the Florida Retirement System upon application and approval
892	as a "covered group" under s. 121.021(34). If a charter school
893	participates in the Florida Retirement System, the charter
894	school employees shall be compulsory members of the Florida
895	Retirement System. As either a private or a public employer, a
896	charter school may contract for services with an individual or
897	group of individuals who are organized as a partnership or a
898	cooperative. Individuals or groups of individuals who contract
899	their services to the charter school are not public employees.
900	(13)  CHARTER SCHOOL COOPERATIVES.--Charter schools may
901	enter into cooperative agreements to form charter school
902	cooperative organizations that may provide the following
903	services: charter school planning and development, direct
904	instructional services, and contracts with charter school
905	governing boards to provide personnel administrative services,
906	payroll services, human resource management, evaluation and
907	assessment services, teacher preparation, and professional
908	development.
909	(14)  CHARTER SCHOOL FINANCIAL ARRANGEMENTS;
910	INDEMNIFICATION OF THE STATE AND SCHOOL DISTRICT; CREDIT OR
911	TAXING POWER NOT TO BE PLEDGED.--Any arrangement entered into to
912	borrow or otherwise secure funds for a charter school authorized
913	in this section from a source other than the state or a school
914	district shall indemnify the state and the school district from
915	any and all liability, including, but not limited to, financial
916	responsibility for the payment of the principal or interest. Any
917	loans, bonds, or other financial agreements are not obligations
918	of the state or the school district but are obligations of the
919	charter school authority and are payable solely from the sources
920	of funds pledged by such agreement. The credit or taxing power
921	of the state or the school district shall not be pledged and no
922	debts shall be payable out of any moneys except those of the
923	legal entity in possession of a valid charter approved by a
924	district school board pursuant to this section.
925	(15)  CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER SCHOOLS-IN-
926	A-MUNICIPALITY.--
927	(a)  In order to increase business partnerships in
928	education, to reduce school and classroom overcrowding
929	throughout the state, and to offset the high costs for
930	educational facilities construction, the Legislature intends to
931	encourage the formation of business partnership schools or
932	satellite learning centers and municipal-operated schools
933	through charter school status.
934	(b)  A charter school-in-the-workplace may be established
935	when a business partner provides the school facility to be used;
936	enrolls students based upon a random lottery that involves all
937	of the children of employees of that business or corporation who
938	are seeking enrollment, as provided for in subsection (10); and
939	enrolls students according to the racial/ethnic balance
940	provisions described in subparagraph (7)(a)8. Any portion of a
941	facility used for a public charter school shall be exempt from
942	ad valorem taxes, as provided for in s. 1013.54, for the
943	duration of its use as a public school.
944	(c)  A charter school-in-a-municipality designation may be
945	granted to a municipality that possesses a charter; enrolls
946	students based upon a random lottery that involves all of the
947	children of the residents of that municipality who are seeking
948	enrollment, as provided for in subsection (10); and enrolls
949	students according to the racial/ethnic balance provisions
950	described in subparagraph (7)(a)8. When a municipality has
951	submitted charter applications for the establishment of a
952	charter school feeder pattern, consisting of elementary, middle,
953	and senior high schools, and each individual charter application
954	is approved by the district school board, such schools shall
955	then be designated as one charter school for all purposes listed
956	pursuant to this section. Any portion of the land and facility
957	used for a public charter school shall be exempt from ad valorem
958	taxes, as provided for in s. 1013.54, for the duration of its
959	use as a public school.
960	(d)  As used in this subsection, the terms "business
961	partner" or "municipality" may include more than one business or
962	municipality to form a charter school-in-the-workplace or
963	charter school-in-a-municipality.
964	(16)  EXEMPTION FROM STATUTES.--
965	(a)  A charter school shall operate in accordance with its
966	charter and shall be exempt from all statutes in chapters 1000-
967	1013. However, a charter school shall be in compliance with the
968	following statutes in chapters 1000-1013:
969	1.  Those statutes specifically applying to charter
970	schools, including this section.
971	2.  Those statutes pertaining to the student assessment
972	program and school grading system.
973	3.  Those statutes pertaining to the provision of services
974	to students with disabilities.
975	4.  Those statutes pertaining to civil rights, including s.
976	1000.05, relating to discrimination.
977	5.  Those statutes pertaining to student health, safety,
978	and welfare.
979	(b)  Additionally, a charter school shall be in compliance
980	with the following statutes:
981	1.  Section 286.011, relating to public meetings and
982	records, public inspection, and criminal and civil penalties.
983	2.  Chapter 119, relating to public records.
984	(17)  FUNDING.--Students enrolled in a charter school,
985	regardless of the sponsorship, shall be funded as if they are in
986	a basic program or a special program, the same as students
987	enrolled in other public schools in the school district. Funding
988	for a charter lab school shall be as provided in s. 1002.32.
989	(a)  Each charter school shall report its student
990	enrollment to the district school board as required in s.
991	1011.62, and in accordance with the definitions in s. 1011.61.
992	The district school board shall include each charter school's
993	enrollment in the district's report of student enrollment. All
994	charter schools submitting student record information required
995	by the Department of Education shall comply with the Department
996	of Education's guidelines for electronic data formats for such
997	data, and all districts shall accept electronic data that
998	complies with the Department of Education's electronic format.
999	(b)  The basis for the agreement for funding students
1000	enrolled in a charter school shall be the sum of the school
1001	district's operating funds from the Florida Education Finance
1002	Program as provided in s. 1011.62 and the General Appropriations
1003	Act, including gross state and local funds, discretionary
1004	lottery funds, and funds from the school district's current
1005	operating discretionary millage levy; divided by total funded
1006	weighted full-time equivalent students in the school district;
1007	multiplied by the weighted full-time equivalent students for the
1008	charter school. Charter schools whose students or programs meet
1009	the eligibility criteria in law shall be entitled to their
1010	proportionate share of categorical program funds included in the
1011	total funds available in the Florida Education Finance Program
1012	by the Legislature, including transportation. Total funding for
1013	each charter school shall be recalculated during the year to
1014	reflect the revised calculations under the Florida Education
1015	Finance Program by the state and the actual weighted full-time
1016	equivalent students reported by the charter school during the
1017	full-time equivalent student survey periods designated by the
1018	Commissioner of Education.
1019	(c)  If the district school board is providing programs or
1020	services to students funded by federal funds, any eligible
1021	students enrolled in charter schools in the school district
1022	shall be provided federal funds for the same level of service
1023	provided students in the schools operated by the district school
1024	board. Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all
1025	charter schools shall receive all federal funding for which the
1026	school is otherwise eligible, including Title I funding, not
1027	later than 5 months after the charter school first opens and
1028	within 5 months after any subsequent expansion of enrollment.
1029	(d)  District school boards shall make every effort to
1030	ensure that charter schools receive timely and efficient
1031	reimbursement to charter schools, including processing paperwork
1032	required to access special state and federal funding for which
1033	they may be eligible. The district school board may distribute
1034	funds to a charter school for up to 3 months based on the
1035	projected full-time equivalent student membership of the charter
1036	school. Thereafter, the results of full-time equivalent student
1037	membership surveys shall be used in adjusting the amount of
1038	funds distributed monthly to the charter school for the
1039	remainder of the fiscal year. The payment shall be issued no
1040	later than 10 working days after the district school board
1041	receives a distribution of state or federal funds. If a warrant
1042	for payment is not issued within 10 30 working days after
1043	receipt of funding by the district school board, the school
1044	district shall pay to the charter school, in addition to the
1045	amount of the scheduled disbursement, interest at a rate of 5 1
1046	percent per month calculated on a daily basis on the unpaid
1047	balance from the expiration of the 10-day 30-day period until
1048	such time as the warrant is issued. Failure by the school
1049	district to make timely payments and reimbursements may result
1050	in the potential withholding of additional funds to the school
1051	district by the Commissioner of Education.
1052	(18)  FACILITIES.--
1053	(a)  A charter school shall utilize facilities which comply
1054	with the Florida Building Code pursuant to chapter 553 except
1055	for the State Requirements for Educational Facilities. Charter
1056	schools are not required to comply, but may choose to comply,
1057	with the State Requirements for Educational Facilities of the
1058	Florida Building Code adopted pursuant to s. 1013.37. The local
1059	governing authority shall not adopt or impose local building
1060	requirements or restrictions that are more stringent than those
1061	found in the Florida Building Code. The agency having
1062	jurisdiction for inspection of a facility and issuance of a
1063	certificate of occupancy shall be the local municipality or, if
1064	in an unincorporated area, the county governing authority.
1065	(b)  A charter school shall utilize facilities that comply
1066	with the Florida Fire Prevention Code, pursuant to s. 633.025,
1067	as adopted by the authority in whose jurisdiction the facility
1068	is located as provided in paragraph (a).
1069	(c)  Any facility, or portion thereof, used to house a
1070	charter school whose charter has been approved by the sponsor
1071	and the governing board, pursuant to subsection (7), shall be
1072	exempt from ad valorem taxes pursuant to s. 196.1983. Library,
1073	community service, museum, performing arts, theatre, cinema,
1074	community college, college, and university facilities may host
1075	charter schools within their facilities under their preexisting
1076	zoning and land use designations.
1077	(d)  Charter school facilities are exempt from assessments
1078	of fees for building permits, except as provided in s. 553.80,
1079	fees and for building and occupational licenses, and from
1080	assessments of impact fees or service availability fees.
1081	(e)  If a district school board facility or property is
1082	available because it is surplus, marked for disposal, or
1083	otherwise unused, it shall be provided for a charter school's
1084	use on the same basis as it is made available to other public
1085	schools in the district. A charter school receiving property
1086	from the school district may not sell or dispose of such
1087	property without written permission of the school district.
1088	Similarly, for an existing public school converting to charter
1089	status, no rental or leasing fee for the existing facility or
1090	for the property normally inventoried to the conversion school
1091	may be charged by the district school board to the parents and
1092	teachers organizing the charter school. The charter school
1093	organizers shall agree to reasonable maintenance provisions in
1094	order to maintain the facility in a manner similar to district
1095	school board standards. The Public Education Capital Outlay
1096	maintenance funds or any other maintenance funds generated by
1097	the facility operated as a conversion school shall remain with
1098	the conversion school.
1099	(f)  To the extent that charter school facilities are
1100	specifically created to mitigate the educational impact created
1101	by the development of new residential dwelling units, pursuant
1102	to subparagraph (2)(c)4., some of or all of the educational
1103	impact fees required to be paid in connection with the new
1104	residential dwelling units may be designated instead for the
1105	construction of the charter school facilities that will mitigate
1106	the student station impact. Such facilities shall be built to
1107	the State Requirements for Educational Facilities and shall be
1108	owned by a public or nonprofit entity. The local school district
1109	retains the right to monitor and inspect such facilities to
1110	ensure compliance with the State Requirements for Educational
1111	Facilities. If a facility ceases to be used for public
1112	educational purposes, either the facility shall revert to the
1113	school district subject to any debt owed on the facility, or the
1114	owner of the facility shall have the option to refund all
1115	educational impact fees utilized for the facility to the school
1116	district. The district and the owner of the facility may
1117	contractually agree to another arrangement for the facilities if
1118	the facilities cease to be used for educational purposes. The
1119	owner of property planned or approved for new residential
1120	dwelling units and the entity levying educational impact fees
1121	shall enter into an agreement that designates the educational
1122	impact fees that will be allocated for the charter school
1123	student stations and that ensures the timely construction of the
1124	charter school student stations concurrent with the expected
1125	occupancy of the residential units. The application for use of
1126	educational impact fees shall include an approved charter school
1127	application. To assist the school district in forecasting
1128	student station needs, the entity levying the impact fees shall
1129	notify the affected district of any agreements it has approved
1130	for the purpose of mitigating student station impact from the
1131	new residential dwelling units.
1132	(19)  CAPITAL OUTLAY FUNDING.--Charter schools are eligible
1133	for capital outlay funds pursuant to s. 1013.62.
1134	(20)  SERVICES.--
1135	(a)1.  A sponsor shall provide certain administrative and
1136	educational services to charter schools. These services shall
1137	include contract management services; full-time equivalent and
1138	data reporting services; exceptional student education
1139	administration and evaluation services; eligibility and
1140	reporting services as may be required to ensure school lunch
1141	services consistent with the needs of charter school students;
1142	test administration services, including payment of the costs of
1143	state-required or district-required student assessments;
1144	processing of teacher certificate data services; and information
1145	services, including equal access to student information systems
1146	that are used by public schools in the district in which the
1147	charter school is located. A total administrative fee for the
1148	provision of such services shall be calculated based upon up to
1149	5 percent of the available funds defined in paragraph (17)(b)
1150	for all students. However, a sponsor may only withhold up to a
1151	5-percent administrative fee for enrollment for up to and
1152	including 500 students. For charter schools with a population of
1153	501 or more students, the difference between the total
1154	administrative fee calculation and the amount of the
1155	administrative fee withheld may only be used for capital outlay
1156	purposes specified in s. 1013.62(4)(2). Sponsors shall not
1157	charge charter schools any additional fees or surcharges for
1158	administrative and educational services in addition to the
1159	maximum 5-percent administrative fee withheld pursuant to this
1160	paragraph.
1161	2.  The Department of Education shall conduct a study of
1162	the administrative fee withheld by the school districts. The
1163	study shall include, but is not limited to, the total amount of
1164	funds withheld, the number of charter school students served,
1165	and the services provided. By December 1, 2005, the department
1166	shall report its findings to the Governor, the President of the
1167	Senate, the Speaker of the House of Representatives, and the
1168	Commissioner of Education.
1169	(b)  If goods and services are made available to the
1170	charter school through the contract with the school district,
1171	they shall be provided to the charter school at a rate no
1172	greater than the district's actual cost unless mutually agreed
1173	upon by the charter school and the sponsor in a contract
1174	negotiated separately from the charter. When mediation has
1175	failed to resolve disputes over contracted services or
1176	contractual matters not included in the charter, an appeal may
1177	be made for a dispute resolution hearing before the Charter
1178	School Appeal Commission. To maximize the use of state funds,
1179	school districts shall allow charter schools to participate in
1180	the sponsor's bulk purchasing program if applicable.
1181	(c)  Transportation of charter school students shall be
1182	provided by the charter school consistent with the requirements
1183	of subpart I.E. of chapter 1006 and s. 1012.45. The governing
1184	body of the charter school may provide transportation through an
1185	agreement or contract with the district school board, a private
1186	provider, or parents. The charter school and the sponsor shall
1187	cooperate in making arrangements that ensure that transportation
1188	is not a barrier to equal access for all students residing
1189	within a reasonable distance of the charter school as determined
1190	in its charter.
1191	(21)  PUBLIC INFORMATION ON CHARTER SCHOOLS.--The
1192	Department of Education shall provide information to the public,
1193	directly and through sponsors, both on how to form and operate a
1194	charter school and on how to enroll in charter schools once they
1195	are created. This information shall include a standard
1196	application format, charter format, and charter renewal format
1197	which shall include the information specified in subsection (7).
1198	These formats shall This application format may be used as
1199	guidelines by charter school sponsors chartering entities.
1200	(22)  CHARTER SCHOOL REVIEW PANEL AND LEGISLATIVE REVIEW.--
1201	(a)  The Department of Education shall staff and regularly
1202	convene a Charter School Review Panel in order to review issues,
1203	practices, and policies regarding charter schools. The
1204	composition of the review panel shall include individuals with
1205	experience in finance, administration, law, education, and
1206	school governance, and individuals familiar with charter school
1207	construction and operation. The panel shall include two
1208	appointees each from the Commissioner of Education, the
1209	President of the Senate, and the Speaker of the House of
1210	Representatives. The Governor shall appoint three members of the
1211	panel and shall designate the chair. Each member of the panel
1212	shall serve a 1-year term, unless renewed by the office making
1213	the appointment. The panel shall make recommendations to the
1214	Legislature, to the Department of Education, to charter schools,
1215	and to school districts for improving charter school operations
1216	and oversight and for ensuring best business practices at and
1217	fair business relationships with charter schools.
1218	(b)  The Legislature shall review the operation of charter
1219	schools during the 2010 2005 Regular Session of the Legislature.
1220	(23)  ANALYSIS OF CHARTER SCHOOL PERFORMANCE.--Upon receipt
1221	of the annual report required by paragraph (9)(l), the
1222	Department of Education shall provide to the State Board of
1223	Education, the Commissioner of Education, the Governor, the
1224	President of the Senate, and the Speaker of the House of
1225	Representatives an analysis and comparison of the overall
1226	performance of charter school students, to include all students
1227	whose scores are counted as part of the statewide assessment
1228	program, versus comparable public school students in the
1229	district as determined by the statewide assessment program
1230	currently administered in the school district, and other
1231	assessments administered pursuant to s. 1008.22(3).
1232	(24)  FLORIDA CHARTER SCHOOL ACCOUNTABILITY AUTHORITY.--
1233	(a)  The Florida Charter School Accountability Authority
1234	(FCSAA) is established as a component of the delivery of public
1235	education within Florida's K-20 education system and shall be
1236	funded through the Department of Education. Unless otherwise
1237	provided by law, the authority shall comply with all laws and
1238	rules applicable to state agencies. The authority shall report
1239	to the State Board of Education and the Chancellor for K-12
1240	Public Schools as required.
1241	(b)  The mission of the FCSAA is to encourage and
1242	facilitate innovation, educational excellence, and high
1243	standards of financial and educational accountability for
1244	charter schools in the state.
1245	(c)1.  There is hereby created a Board of Trustees for the
1246	Florida Charter School Accountability Authority which shall
1247	consist of nine members appointed by the Governor based on
1248	recommendations by the President of the Senate, the Speaker of
1249	the House of Representatives, and the Commissioner of Education.
1250	The Governor shall designate one appointee to act as chair of
1251	the board of trustees and may remove any member for cause. Each
1252	member shall serve a 2-year term, and all vacancies shall be
1253	filled by the Governor.
1254	2.  Members appointed to the authority shall have
1255	experience or expertise in at least one of the following areas:
1256	a.  Experience as a charter school board member or founder
1257	of a charter school.
1258	b.  Experience as a public school administrator working
1259	with charter schools.
1260	c.  Experience as a public school teacher.
1261	d.  Experience in financial management.
1262	e.  Expertise in charter school law.
1263	f.  Expertise in school district special education.
1264	g.  Expertise in curriculum and assessment.
1265	3.  The board of trustees shall hold public meetings at
1266	least quarterly with additional meetings called by the chair or
1267	upon the request of three members of the board of trustees. Five
1268	members of the board of trustees shall constitute a quorum. The
1269	board of trustees shall retain an executive director and staff
1270	and shall act at all times in accordance with rules of the State
1271	Board of Education.
1272	(d)  The FCSAA shall:
1273	1.  Establish regional offices as necessary to accomplish
1274	its duties and functions, including coordination and
1275	collaboration with the local district school boards.
1276	2.  Develop, promote, and disseminate best practices and
1277	provide technical assistance to charter schools and charter
1278	school sponsors.
1279	3.  Develop, promote, and disseminate high standards of
1280	financial and educational accountability.
1281	4.  Have the authority to sponsor and oversee charter
1282	schools.
1283	5.  Deliver accurate information to the Department of
1284	Education, including, but not limited to, best practices,
1285	financial management and school budgets, and student
1286	performance, assessment, and accountability standards for
1287	charter schools in the state, to be included on the department's
1288	website for charter schools.
1289	6.  Be designated as a local educational agency.
1290	7.  Annually review and evaluate the performance of each
1291	charter school sponsored by the FCSAA and measure its compliance
1292	with the terms and requirements of its charter, including the
1293	assessment of student achievement in the charter school.
1294	8.  Direct charter schools and persons seeking to establish
1295	charter schools to sources of private, state, and federal
1296	funding and grant opportunities.
1297	9.  Have the authority to adopt rules pursuant to ss.
1298	120.536(1) and 120.54.
1299	10.  Have the authority to contract for services with a
1300	school district at a cost no greater than the school district's
1301	actual cost, unless mutually agreed to by the parties.
1302	(e)1.  The FCSAA is authorized to receive and expend gifts,
1303	grants, and donations of any kind from any public or private
1304	entity to carry out the purposes of this subsection, subject to
1305	the terms and conditions under which given, except that no gift,
1306	grant, or donation shall be accepted if the terms and conditions
1307	attached thereto are contrary to law.
1308	2.  The FCSAA shall not be obligated to commence operations
1309	necessary to receive charter school applications until such time
1310	as the authority has received $100,000, whether received from
1311	gifts, grants, donations, or other sources.
1312	3.  The FCSAA shall retain up to 5 percent of the available
1313	funds defined in paragraph (17)(b) as an administrative fee for
1314	the provision of services.
1315	(25)(24)  RULEMAKING.--The Department of Education, after
1316	consultation with school districts and charter school directors,
1317	shall recommend that the State Board of Education adopt rules to
1318	implement specific subsections of this section. Such rules shall
1319	require minimum paperwork and shall not limit charter school
1320	flexibility authorized by statute.
1321	Section 2.  Paragraph (f) is added to subsection (2) of
1322	section 1012.01, Florida Statutes, to read:
1323	1012.01  Definitions.--Specific definitions shall be as
1324	follows, and wherever such defined words or terms are used in
1325	the Florida K-20 Education Code, they shall be used as follows:
1326	(2)  INSTRUCTIONAL PERSONNEL.--"Instructional personnel"
1327	means any K-12 staff member whose function includes the
1328	provision of direct instructional services to students.
1329	Instructional personnel also includes K-12 personnel whose
1330	functions provide direct support in the learning process of
1331	students. Included in the classification of instructional
1332	personnel are the following K-12 personnel:
1333	(f)  Charter school instructional personnel.--Charter
1334	school instructional personnel are classroom teachers, student
1335	personnel services staff members, librarians/media specialists,
1336	other instructional staff, and education paraprofessionals
1337	employed in a charter school.
1338	Section 3.  Subsection (1) of section 1012.231, Florida
1339	Statutes, is amended to read:
1340	1012.231  BEST Florida Teaching salary career ladder
1341	program; assignment of teachers.--
1342	(1)  SALARY CAREER LADDER FOR CLASSROOM
1343	TEACHERS.--Beginning with the 2005-2006 academic year, each
1344	district school board shall implement a salary career ladder for
1345	classroom teachers, including charter school classroom teachers,
1346	as defined in s. 1012.01(2)(a). Performance shall be defined as
1347	designated in s. 1012.34(3)(a)1.-7. District school boards shall
1348	designate categories of classroom teachers reflecting these
1349	salary career ladder levels as follows:
1350	(a)  Associate teacher.--Classroom teachers in the school
1351	district who have not yet received a professional certificate or
1352	those with a professional certificate who are evaluated as low-
1353	performing teachers.
1354	(b)  Professional teacher.--Classroom teachers in the
1355	school district who have received a professional certificate.
1356	(c)  Lead teacher.--Classroom teachers in the school
1357	district who are responsible for leading others in the school as
1358	department chair, lead teacher, grade-level leader, intern
1359	coordinator, or professional development coordinator. Lead
1360	teachers must participate on a regular basis in the direct
1361	instruction of students and serve as faculty for professional
1362	development activities as determined by the State Board of
1363	Education. To be eligible for designation as a lead teacher, a
1364	teacher must demonstrate outstanding performance pursuant to s.
1365	1012.34(3)(a)1.-7. and must have been a "professional teacher"
1366	pursuant to paragraph (b) for at least 1 year.
1367	(d)  Mentor teacher.--Classroom teachers in the school
1368	district who serve as regular mentors to other teachers who are
1369	either not performing satisfactorily or who strive to become
1370	more proficient. Mentor teachers must serve as faculty-based
1371	professional development coordinators and regularly demonstrate
1372	and share their expertise with other teachers in order to remain
1373	mentor teachers. Mentor teachers must also participate on a
1374	regular basis in the direct instruction of low-performing
1375	students. To be eligible for designation as a mentor teacher, a
1376	teacher must demonstrate outstanding performance pursuant to s.
1377	1012.34(3)(a)1.-7. and must have been a "lead teacher" pursuant
1378	to paragraph (c) for at least 2 years.
1379
1380	Promotion of a teacher to a higher level on the salary career
1381	ladder shall be based upon prescribed performance criteria and
1382	not based upon length of service.
1383	Section 4.  Subsection (2) of section 1012.74, Florida
1384	Statutes, is amended to read:
1385	1012.74  Florida educators professional liability insurance
1386	protection.--
1387	(2)(a)  Educator professional liability coverage for all
1388	instructional personnel, including charter school instructional
1389	personnel, as defined by s. 1012.01(2), who are full-time
1390	personnel, as defined by the district school board policy, shall
1391	be provided by specific appropriations under the General
1392	Appropriations Act.
1393	(b)  Educator professional liability coverage shall be
1394	extended at cost to all instructional personnel, including
1395	charter school instructional personnel, as defined by s.
1396	1012.01(2), who are part-time personnel, as defined by the
1397	district school board policy, and choose to participate in the
1398	state-provided program.
1399	(c)  Educator professional liability coverage shall be
1400	extended at cost to all administrative personnel, including
1401	administrative personnel in charter schools, as defined by s.
1402	1012.01(3), who choose to participate in the state-provided
1403	program.
1404	Section 5.  Section 1013.62, Florida Statutes, is amended
1405	to read:
1406	1013.62  Charter schools capital outlay funding.--
1407	(1)  In each year in which funds are appropriated for
1408	charter school capital outlay purposes, the Commissioner of
1409	Education shall allocate the funds among eligible charter
1410	schools. To be eligible for a funding allocation, a charter
1411	school must be one of the following:
1412	(a)  The same school that received capital outlay funding
1413	in 2003-2004.
1414	(b)  A charter school that is an expanded feeder pattern of
1415	a charter school that received capital outlay funding in 2003-
1416	2004.
1417	(2)  If an appropriation for charter school capital outlay
1418	funds is less than the 2003-2004 appropriation, the funds shall
1419	be prorated among schools eligible pursuant to subsection (1).
1420	(3)  If an appropriation for charter school capital outlay
1421	funds is greater than the 2003-2004 appropriation, the funds
1422	shall be allocated to schools eligible pursuant to subsection
1423	(1) and to charter schools that:
1424	(a)1.  Have been in operation for 3 or more years;
1425	2.  Are Be an expanded feeder chain of a charter school
1426	within the same school district that is currently receiving
1427	charter school capital outlay funds; or
1428	3.  Have been accredited by the Commission on Schools of
1429	the Southern Association of Colleges and Schools.
1430	(b)  Have financial stability for future operation as a
1431	charter school.
1432	(c)  Have satisfactory student achievement based on state
1433	accountability standards applicable to the charter school.
1434	(d)  Have received final approval from its sponsor pursuant
1435	to s. 1002.33 for operation during that fiscal year.
1436	(e)  Serve students in facilities that are not provided by
1437	the charter school's sponsor.
1438
1439	First priority for allocating the amount in excess of the 2003-
1440	2004 appropriation shall be to prorate the excess funds among
1441	charter schools with long-term debt or long-term lease to the
1442	extent that the initial allocation is insufficient to provide
1443	one-fifteenth of the cost-per-student station specified in s.
1444	1013.64(6)(b), and second priority shall be to other eligible
1445	charter schools. Prior to the release of capital outlay funds to
1446	a school district on behalf of the charter school, the
1447	Department of Education shall ensure that the district school
1448	board and the charter school governing board enter into a
1449	written agreement that includes provisions for the reversion of
1450	any unencumbered funds and all equipment and property purchased
1451	with public education funds to the ownership of the district
1452	school board, as provided for in subsection (5)(3), in the event
1453	that the school terminates operations. Any funds recovered by
1454	the state shall be deposited in the General Revenue Fund. A
1455	charter school is not eligible for a funding allocation if it
1456	was created by the conversion of a public school and operates in
1457	facilities provided by the charter school's sponsor for a
1458	nominal fee or at no charge or if it is directly or indirectly
1459	operated by the school district. Unless otherwise provided in
1460	the General Appropriations Act, the funding allocation for each
1461	eligible charter school shall be determined by multiplying the
1462	school's projected student enrollment by one-fifteenth of the
1463	cost-per-student station specified in s. 1013.64(6)(b) for an
1464	elementary, middle, or high school, as appropriate. If the funds
1465	appropriated are not sufficient, the commissioner shall prorate
1466	the available funds among eligible charter schools. However, no
1467	charter school or charter lab school shall receive state charter
1468	school capital outlay funds in excess of the one-fifteenth cost
1469	per student station formula if the charter school's combination
1470	of state charter school capital outlay funds, capital outlay
1471	funds calculated through the reduction in the administrative fee
1472	provided in s. 1002.33(20), and capital outlay funds allowed in
1473	s. 1002.32(9)(e) and (h) exceeds the one-fifteenth cost per
1474	student station formula. Funds shall be distributed on the basis
1475	of the capital outlay full-time equivalent membership by grade
1476	level, which shall be calculated by averaging the results of the
1477	second and third enrollment surveys. The Department of Education
1478	shall distribute capital outlay funds monthly, beginning in the
1479	first quarter of the fiscal year, based on one-twelfth of the
1480	amount the department reasonably expects the charter school to
1481	receive during that fiscal year. The commissioner shall adjust
1482	subsequent distributions as necessary to reflect each charter
1483	school's actual student enrollment as reflected in the second
1484	and third enrollment surveys. The commissioner shall establish
1485	the intervals and procedures for determining the projected and
1486	actual student enrollment of eligible charter schools.
1487	(4)(2)  A charter school's governing body may use charter
1488	school capital outlay funds for the following purposes:
1489	(a)  Purchase of real property.
1490	(b)  Construction of school facilities.
1491	(c)  Purchase, lease-purchase, or lease of permanent or
1492	relocatable school facilities.
1493	(d)  Purchase of vehicles to transport students to and from
1494	the charter school.
1495	(e)  Renovation, repair, and maintenance of school
1496	facilities that the charter school owns or is purchasing through
1497	a lease-purchase or long-term lease of 5 years or longer.
1498	(f)  Other capital outlay purposes that are authorized
1499	capital outlay uses for school districts.
1500
1501	Conversion charter schools may use capital outlay funds received
1502	through the reduction in the administrative fee provided in s.
1503	1002.33(20) for renovation, repair, and maintenance of school
1504	facilities that are owned by the sponsor.
1505	(5)(3)  When a charter school is nonrenewed or terminated,
1506	any unencumbered funds and all equipment and property purchased
1507	with district public funds shall revert to the ownership of the
1508	district school board, as provided for in s. 1002.33(8)(e) and
1509	(f). In the case of a charter lab school, any unencumbered funds
1510	and all equipment and property purchased with university public
1511	funds shall revert to the ownership of the state university that
1512	issued the charter. The reversion of such equipment, property,
1513	and furnishings shall focus on recoverable assets, but not on
1514	intangible or irrecoverable costs such as rental or leasing
1515	fees, normal maintenance, and limited renovations. The reversion
1516	of all property secured with public funds is subject to the
1517	complete satisfaction of all lawful liens or encumbrances. If
1518	there are additional local issues such as the shared use of
1519	facilities or partial ownership of facilities or property, these
1520	issues shall be agreed to in the charter contract prior to the
1521	expenditure of funds.
1522	(6)(4)  The Commissioner of Education shall specify
1523	procedures for submitting and approving requests for funding
1524	under this section and procedures for documenting expenditures.
1525	(7)(5)  The annual legislative budget request of the
1526	Department of Education shall include a request for capital
1527	outlay funding for charter schools. The request shall be based
1528	on the projected number of students to be served in charter
1529	schools who meet the eligibility requirements of this section. A
1530	dedicated funding source, if identified in writing by the
1531	Commissioner of Education and submitted along with the annual
1532	charter school legislative budget request, may be considered an
1533	additional source of funding.
1534	(8)(6)  Unless authorized otherwise by the Legislature,
1535	allocation and proration of charter school capital outlay funds
1536	shall be made to eligible charter schools by the Commissioner of
1537	Education in an amount and in a manner authorized by subsections
1538	(2) and (3) subsection (1).
1539	(7)  Notwithstanding the provisions of this section,
1540	beginning in the 2003-2004 fiscal year:
1541	(a)  If the appropriation for charter school capital outlay
1542	funds is no greater than the 2002-2003 appropriation, the funds
1543	shall be allocated according to the formula outlined in
1544	subsection (1) to:
1545	1.  The same schools that received funding in 2002-2003.
1546	2.  Schools that are an expanded feeder pattern of schools
1547	that received funding in 2002-2003.
1548	3.  Schools that have an approved charter and are serving
1549	students at the start of the 2003-2004 school year and either
1550	incurred long-term financial obligations prior to January 31,
1551	2003, or began construction on educational facilities prior to
1552	December 31, 2002.
1553	(b)  If the appropriation for charter school capital outlay
1554	funds is less than the 2002-2003 appropriation, the funds shall
1555	be prorated among the schools eligible in paragraph (a).
1556	(c)  If the appropriation for charter school capital outlay
1557	funds is greater than the 2002-2003 appropriation, the amount of
1558	funds provided in the 2002-2003 appropriation shall be allocated
1559	according to paragraph (a). First priority for allocating the
1560	amount in excess of the 2002-2003 appropriation shall be to
1561	prorate the excess funds among the charter schools with long-
1562	term debt or long-term lease to the extent that the initial
1563	allocation is insufficient to provide one-fifteenth of the cost
1564	per student station specified in s. 1013.64(6)(b), and second
1565	priority shall be to other eligible charter schools.
1566	Section 6.  This act shall take effect upon becoming a law.

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