HB 1485

1	A bill to be entitled
2	An act relating to charter schools; amending s. 218.39,
3	F.S.; requiring that a charter school be notified of
4	certain deteriorating financial conditions; amending s.
5	1002.32, F.S.; clarifying that charter laboratory schools
6	are included within provisions governing other
7	developmental research schools; deleting obsolete
8	provisions; amending s. 1002.33, F.S.; requiring sponsors
9	of charter schools to implement specified policies and
10	procedures; providing additional obligations of the
11	sponsor; revising requirements for the sponsor in
12	monitoring a charter school; requiring that the sponsor
13	conduct an annual review of the charter school; requiring
14	that the director and representative of the school's
15	governing board appear before the sponsor under certain
16	circumstances; providing duties of the chief executive
17	officer of the sponsor; requiring that a charter school
18	review its achievement after its first full year of
19	operation and propose revisions to the charter for
20	consideration by the district school board; requiring that
21	the Department of Education conduct an annual survey of
22	the governing boards of charter schools and report the
23	results to the State Board of Education; revising
24	application requirements; prohibiting a sponsor from
25	approving an application unless it meets the requirements
26	of the State Board of Education; requiring that the
27	district school board notify the Department of Education
28	of a denial of a charter application; deleting provisions
29	providing for the review of certain disputes by the
30	Charter School Appeal Commission; requiring that the
31	department offer or arrange for training and technical
32	assistance for applicants; decreasing the period provided
33	for an applicant and sponsor to agree on the provisions of
34	the charter; providing requirements for mediation;
35	providing requirements for the application for a charter
36	school; revising provisions specifying issues for
37	inclusion in a charter; requiring that a charter school
38	file a financial-recovery plan with the district school
39	board after a finding of a state of financial emergency;
40	specifying circumstances under which the sponsor is
41	required to not renew or to terminate the charter;
42	providing requirements for the sponsor if the charter is
43	terminated; requiring applicants for a charter school to
44	register with the Department of Education; requiring that
45	the department maintain certain information concerning
46	charter schools; requiring the department to develop an
47	annual financial report for use by charter schools, along
48	with guidelines; providing reporting and monitoring
49	requirements for the governing body of a charter school;
50	requiring that the sponsor be an advocate for the charter
51	school in matters relating to interpretations of the fire
52	code; authorizing the State Board of Education to adopt
53	rules and enforce the provisions governing charter
54	schools; requiring that the department provide or arrange
55	for the provision of specified assistance to potential
56	applicants, sponsors, charter schools, and school district
57	personnel; deleting provisions establishing the Charter
58	School Review Panel; requiring the department to develop
59	financial-management indicators for use by sponsors;
60	requiring the department to include information concerning
61	schools at risk in an annual report; providing effective
62	dates.
63
64	Be It Enacted by the Legislature of the State of Florida:
65
66	Section 1.  Subsection (5) of section 218.39, Florida
67	Statutes, is amended to read:
68	218.39  Annual financial audit reports.--
69	(5)  At the conclusion of the audit, the auditor shall
70	discuss with the chair of each local governmental entity or the
71	chair's designee, or with the elected official of each county
72	agency or with the elected official's designee, or with the
73	chair of the district school board or the chair's designee, or
74	with the chair of the board of the charter school or the chair's
75	designee, or with the chair of the charter technical career
76	center or the chair's designee, as appropriate, all of the
77	auditor's comments that will be included in the audit report.
78	If the officer is not available to discuss the auditor's
79	comments, their discussion is presumed when the comments are
80	delivered in writing to his or her office. The auditor shall
81	notify each member of the governing body of a local governmental
82	entity, or district school board, or charter school for which
83	deteriorating financial conditions exist that may cause a
84	condition described in s. 218.503(1) to occur if actions are not
85	taken to address such conditions.
86	Section 2.  Paragraph (c) of subsection (9) of section
87	1002.32, Florida Statutes, is amended to read:
88	1002.32  Developmental research (laboratory) schools.--
89	(9)  FUNDING.--Funding for a lab school, including a
90	charter lab school, shall be provided as follows:
91	(c)  All operating funds provided under this section shall
92	be deposited in a Lab School Trust Fund and shall be expended
93	for the purposes of this section. The university assigned a lab
94	school or charter lab school shall be the fiscal agent for these
95	funds, and all rules of the university governing the budgeting
96	and expenditure of state funds shall apply to these funds unless
97	otherwise provided by law or rule of the State Board of
98	Education. The university board of trustees shall be the public
99	employer of lab school personnel for collective bargaining
100	purposes for lab schools in operation prior to the 2002-2003
101	fiscal year. Employees of charter lab schools authorized prior
102	to June 1, 2003, but not in operation prior to the 2002-2003
103	fiscal year shall be employees of the entity holding the charter
104	and must comply with the provisions of s. 1002.33(12). Lab
105	schools are not subject to the payment of overhead or indirect
106	costs as described in s. 216.346.
107	Section 3.  Section 1002.33, Florida Statutes, is amended
108	to read:
109	1002.33  Charter schools.--
110	(1)  AUTHORIZATION.--Charter schools shall be part of the
111	state's program of public education. All charter schools in
112	Florida are public schools. A charter school may be formed by
113	creating a new school or converting an existing public school to
114	charter status. A public school may not use the term charter in
115	its name unless it has been approved under this section.
116	(2)  GUIDING PRINCIPLES; PURPOSE.--
117	(a)  Charter schools in Florida shall be guided by the
118	following principles:
119	1.  Meet high standards of student achievement while
120	providing parents flexibility to choose among diverse
121	educational opportunities within the state's public school
122	system.
123	2.  Promote enhanced academic success and financial
124	efficiency by aligning responsibility with accountability.
125	3.  Provide parents with sufficient information on whether
126	their child is reading at grade level and whether the child
127	gains at least a year's worth of learning for every year spent
128	in the charter school.
129	(b)  Charter schools shall fulfill the following purposes:
130	1.  Improve student learning and academic achievement.
131	2.  Increase learning opportunities for all students, with
132	special emphasis on low-performing students and reading.
133	3.  Create new professional opportunities for teachers,
134	including ownership of the learning program at the school site.
135	4.  Encourage the use of innovative learning methods.
136	5.  Require the measurement of learning outcomes.
137	(c)  Charter schools may fulfill the following purposes:
138	1.  Create innovative measurement tools.
139	2.  Provide rigorous competition within the public school
140	district to stimulate continual improvement in all public
141	schools.
142	3.  Expand the capacity of the public school system.
143	4.  Mitigate the educational impact created by the
144	development of new residential dwelling units.
145	(3)  APPLICATION FOR CHARTER STATUS.--
146	(a)  An application for a new charter school may be made by
147	an individual, teachers, parents, a group of individuals, a
148	municipality, or a legal entity organized under the laws of this
149	state.
150	(b)  An application for a conversion charter school shall
151	be made by the district school board, the principal, teachers,
152	parents, and/or the school advisory council at an existing
153	public school that has been in operation for at least 2 years
154	prior to the application to convert, including a public school-
155	within-a-school that is designated as a school by the district
156	school board. An application submitted proposing to convert an
157	existing public school to a charter school shall demonstrate the
158	support of at least 50 percent of the teachers employed at the
159	school and 50 percent of the parents voting whose children are
160	enrolled at the school, provided that a majority of the parents
161	eligible to vote participate in the ballot process, according to
162	rules adopted by the State Board of Education. A district school
163	board denying an application for a conversion charter school
164	shall provide notice of denial to the applicants in writing
165	within 30 days after the meeting at which the district school
166	board denied the application. The notice must specify the exact
167	reasons for denial and must provide documentation supporting
168	those reasons. A private school, parochial school, or home
169	education program shall not be eligible for charter school
170	status.
171	(4)  UNLAWFUL REPRISAL.--
172	(a)  No district school board, or district school board
173	employee who has control over personnel actions, shall take
174	unlawful reprisal against another district school board employee
175	because that employee is either directly or indirectly involved
176	with an application to establish a charter school. As used in
177	this subsection, the term "unlawful reprisal" means an action
178	taken by a district school board or a school system employee
179	against an employee who is directly or indirectly involved in a
180	lawful application to establish a charter school, which occurs
181	as a direct result of that involvement, and which results in one
182	or more of the following: disciplinary or corrective action;
183	adverse transfer or reassignment, whether temporary or
184	permanent; suspension, demotion, or dismissal; an unfavorable
185	performance evaluation; a reduction in pay, benefits, or
186	rewards; elimination of the employee's position absent of a
187	reduction in workforce as a result of lack of moneys or work; or
188	other adverse significant changes in duties or responsibilities
189	that are inconsistent with the employee's salary or employment
190	classification. The following procedures shall apply to an
191	alleged unlawful reprisal that occurs as a consequence of an
192	employee's direct or indirect involvement with an application to
193	establish a charter school:
194	1.  Within 60 days after the date upon which a reprisal
195	prohibited by this subsection is alleged to have occurred, an
196	employee may file a complaint with the Department of Education.
197	2.  Within 3 working days after receiving a complaint under
198	this section, the Department of Education shall acknowledge
199	receipt of the complaint and provide copies of the complaint and
200	any other relevant preliminary information available to each of
201	the other parties named in the complaint, which parties shall
202	each acknowledge receipt of such copies to the complainant.
203	3.  If the Department of Education determines that the
204	complaint demonstrates reasonable cause to suspect that an
205	unlawful reprisal has occurred, the Department of Education
206	shall conduct an investigation to produce a fact-finding report.
207	4.  Within 90 days after receiving the complaint, the
208	Department of Education shall provide the district school
209	superintendent of the complainant's district and the complainant
210	with a fact-finding report that may include recommendations to
211	the parties or a proposed resolution of the complaint. The fact-
212	finding report shall be presumed admissible in any subsequent or
213	related administrative or judicial review.
214	5.  If the Department of Education determines that
215	reasonable grounds exist to believe that an unlawful reprisal
216	has occurred, is occurring, or is to be taken, and is unable to
217	conciliate a complaint within 60 days after receipt of the fact-
218	finding report, the Department of Education shall terminate the
219	investigation. Upon termination of any investigation, the
220	Department of Education shall notify the complainant and the
221	district school superintendent of the termination of the
222	investigation, providing a summary of relevant facts found
223	during the investigation and the reasons for terminating the
224	investigation. A written statement under this paragraph is
225	presumed admissible as evidence in any judicial or
226	administrative proceeding.
227	6.  The Department of Education shall either contract with
228	the Division of Administrative Hearings under s. 120.65, or
229	otherwise provide for a complaint for which the Department of
230	Education determines reasonable grounds exist to believe that an
231	unlawful reprisal has occurred, is occurring, or is to be taken,
232	and is unable to conciliate, to be heard by a panel of impartial
233	persons. Upon hearing the complaint, the panel shall make
234	findings of fact and conclusions of law for a final decision by
235	the Department of Education.
236
237	It shall be an affirmative defense to any action brought
238	pursuant to this section that the adverse action was predicated
239	upon grounds other than, and would have been taken absent, the
240	employee's exercise of rights protected by this section.
241	(b)  In any action brought under this section for which it
242	is determined reasonable grounds exist to believe that an
243	unlawful reprisal has occurred, is occurring, or is to be taken,
244	the relief shall include the following:
245	1.  Reinstatement of the employee to the same position held
246	before the unlawful reprisal was commenced, or to an equivalent
247	position, or payment of reasonable front pay as alternative
248	relief.
249	2.  Reinstatement of the employee's full fringe benefits
250	and seniority rights, as appropriate.
251	3.  Compensation, if appropriate, for lost wages, benefits,
252	or other lost remuneration caused by the unlawful reprisal.
253	4.  Payment of reasonable costs, including attorney's fees,
254	to a substantially prevailing employee, or to the prevailing
255	employer if the employee filed a frivolous action in bad faith.
256	5.  Issuance of an injunction, if appropriate, by a court
257	of competent jurisdiction.
258	6.  Temporary reinstatement to the employee's former
259	position or to an equivalent position, pending the final outcome
260	of the complaint, if it is determined that the action was not
261	made in bad faith or for a wrongful purpose, and did not occur
262	after a district school board's initiation of a personnel action
263	against the employee that includes documentation of the
264	employee's violation of a disciplinary standard or performance
265	deficiency.
266	(5)  SPONSOR; DUTIES.--
267	(a)  Sponsoring entities.--
268	1.  A district school board may sponsor a charter school in
269	the county over which the district school board has
270	jurisdiction.
271	2.  A state university may grant a charter to a lab school
272	created under s. 1002.32 and shall be considered to be the
273	school's sponsor. Such school shall be considered a charter lab
274	school.
275	3.  Each sponsor, at a minimum, must have the following
276	quality policies and procedures for charter school sponsorship
277	in place by July 1, 2005:
278	a.  An organizational structure and committed human and
279	financial resources necessary for conducting its sponsorship
280	duties efficiently;
281	b.  A comprehensive application process that follows fair
282	procedures and rigorous criteria and grants a charter only to
283	those developers who demonstrate a strong capacity for
284	establishing and operating a quality charter school;
285	c.  A process in place to negotiate contracts with charter
286	schools which clearly articulates the rights and
287	responsibilities of each party regarding school autonomy,
288	expected outcomes, measures for evaluating success or failure,
289	performance consequences, and other material terms;
290	d.  A process for efficient and effective contract
291	oversight which evaluates performance, monitors compliance,
292	informs intervention and renewal decisions, and ensures that
293	autonomy is provided under applicable law;
294	e.  A transparent and rigorous process that uses
295	comprehensive data to make merit-based decisions; and
296	f.  A process to advocate for charter schools in dealing
297	with local fire marshals when facilities are being reviewed for
298	compliance with the fire code.
299	(b)  Sponsor duties.--
300	1.  It is the obligation of the sponsor to participate in
301	the application and review and approval process of a charter
302	contract with good faith effort, fairness, due diligence, and
303	quality in order to further the establishment and future
304	operations of quality charter schools. Quality charter schools
305	provide parents with another option for public school choice
306	which best meets the needs of their child; thus, there is the
307	likelihood of increased student achievement. The sponsor shall
308	monitor and review the charter school in its progress toward
309	meeting the terms of its application and charter as defined in
310	subsection (6) the goals established in the charter.
311	2.  Beginning with the 2005-2006 school year, at a minimum,
312	the sponsor shall conduct an annual review by July 1 of each
313	year to ascertain whether the terms of the contract are being
314	met. The sponsor shall notify in writing, by July 15, the
315	charter school governing board and the director of the results
316	of the review for each contract component. The sponsor shall
317	specifically notify the governing board and the director of any
318	potential issues that may jeopardize the future renewal of the
319	charter, specifically identify contract issues, and recommend
320	strategies for corrective action by the school to resolve the
321	issues. The sponsor shall also certify to the State Board of
322	Education annually whether the charter school is meeting the
323	performance expectations established in its charter.
324	3.  The director and a representative of the governing
325	board of a charter school graded "D" or "F" shall appear before
326	the sponsor at a formal school board meeting or state university
327	trustee board meeting at least twice a year to present
328	information concerning each contract component having noted
329	deficiencies and to address corrective strategies that are being
330	implemented by the school. The sponsor shall communicate at the
331	meeting, and in writing to the director, the services provided
332	to the school to help the school address its deficiencies.
333	4.  The chief executive officer of the sponsoring entity
334	must certify in writing to its governing board that a quality,
335	fair, and judicious review of the application or charter was
336	conducted. The sponsoring entity must consider the certification
337	of a quality review in its proceedings to approve, amend, or
338	deny an application or charter. The chief executive officer must
339	include the following components in the certification
340	demonstrating that a quality, fair, and judicious review was
341	completed regarding:
342	a.  A 5-year financial plan that contains anticipated fund
343	balances based on revenue projections and sources, a spending
344	plan based on projected revenues and expenses, and a description
345	of controls that will safeguard finances and projected
346	enrollment trends. The plan must be an accurate and detailed
347	description of the school's proposed budget and fiscal plan.
348	b.  A detailed curriculum plan that illustrates how
349	students will be provided services to attain the Sunshine State
350	Standards. The plan must include the focus of the curriculum,
351	the instructional methods to be used, any distinctive
352	instructional techniques to be employed, and an identification
353	and acquisition of appropriate technologies needed to improve
354	educational and administrative performance, including a means
355	for promoting safe, ethical, and appropriate uses of technology
356	which comply with legal and professional standards. The
357	curriculum and instructional strategies for reading must be
358	consistent with the Sunshine State Standards and grounded in
359	scientifically based reading research.
360	c.  The inclusion of goals and objectives for improving
361	student learning and measuring that improvement. These goals and
362	objectives must indicate the degree of academic improvement
363	students are expected to show each year, how success will be
364	evaluated, and the specific results to be attained through
365	instruction.
366	d.  A plan to ensure that reading is a primary focus of the
367	curriculum and that resources are provided to identify and
368	provide specialized instruction for students who are reading
369	below grade level. The plan must describe the reading curriculum
370	and differentiated strategies that will be used for students
371	reading at grade level or higher and a separate curriculum and
372	strategies for students who are reading below grade level. A
373	sponsor shall deny a charter if the school does not propose a
374	reading curriculum that is consistent with effective teaching
375	strategies that are grounded in scientifically based reading
376	research.
377	e.  The methods used to identify the educational strengths
378	and needs of students and how well educational goals and
379	performance standards are met by students attending the charter
380	school. The methods must include a means by which the charter
381	school can ensure accountability to its constituents by
382	analyzing student performance data and by evaluating the
383	effectiveness and efficiency of its major educational programs.
384	Students in charter schools shall, at a minimum, participate in
385	the statewide assessment program created under s. 1008.22.
386	5.  After a newly opened charter school completes a full
387	school year of operation, it must review the projected outcomes
388	of achievement in its charter and propose revisions if the
389	student population is significantly different than anticipated
390	in its original charter. The district school board must consider
391	the school's proposal to revise the charter.
392	6.2.  The sponsor shall monitor at least on a quarterly
393	basis the revenues and expenditures of the charter school.
394	7.3.  The sponsor may approve a charter for a charter
395	school before the applicant has secured space, equipment, or
396	personnel, if the applicant indicates approval is necessary for
397	it to raise working capital.
398	8.4.  The sponsor's policies shall not apply to a charter
399	school.
400	9.5.  The sponsor shall ensure that the charter is
401	innovative and consistent with the state education goals
402	established by s. 1008.31(3)(c) s. 1000.03(5).
403	10.6.  The sponsor shall ensure that the charter school
404	participates in the state's education accountability system. If
405	a charter school falls short of performance measures included in
406	the approved charter, the sponsor shall report such shortcomings
407	to the Department of Education.
408
409	A community college may work with the school district or school
410	districts in its designated service area to develop charter
411	schools that offer secondary education. These charter schools
412	must include an option for students to receive an associate
413	degree upon high school graduation. District school boards shall
414	cooperate with and assist the community college on the charter
415	application. Community college applications for charter schools
416	are not subject to the time deadlines outlined in subsection (6)
417	and may be approved by the district school board at any time
418	during the year. Community colleges shall not report FTE for any
419	students who receive FTE funding through the Florida Education
420	Finance Program.
421	(c)  Annual survey.--The Department of Education shall
422	conduct an annual survey of charter school governing boards to
423	determine the boards' satisfaction with the services received
424	from their sponsors and the Department of Education. The survey
425	results shall be reported to the State Board of Education, which
426	may recommend action for sponsors having an inordinate number of
427	complaints or sponsors that have been determined not to have
428	fulfilled their responsibilities as described in this section.
429	(6)  APPLICATION PROCESS AND REVIEW.--Beginning September
430	1, 2003, applications are subject to the following requirements:
431	(a)  A person or entity wishing to open a charter school
432	shall prepare an application that:
433	1.  Demonstrates how the school will use the guiding
434	principles and meet the statutorily defined purpose of a charter
435	school.
436	2.  Provides a detailed curriculum plan that illustrates
437	how students will be provided services to attain the Sunshine
438	State Standards.
439	3.  Contains goals and objectives for improving student
440	learning and measuring that improvement. These goals and
441	objectives must indicate how much academic improvement students
442	are expected to show each year, how success will be evaluated,
443	and the specific results to be attained through instruction.
444	4.  Describes the reading curriculum and differentiated
445	strategies that will be used for students reading at grade level
446	or higher and a separate curriculum and strategies for students
447	who are reading below grade level. A sponsor shall deny a
448	charter if the school does not propose a reading curriculum that
449	is consistent with effective teaching strategies that are
450	grounded in scientifically based reading research.
451	5.  Contains an annual financial plan for each year
452	requested by the charter for operation of the school for up to 5
453	years. This plan must contain anticipated fund balances based on
454	revenue projections, a spending plan based on projected revenues
455	and expenses, and a description of controls that will safeguard
456	finances and projected enrollment trends.
457	(a)(b)  A district school board shall receive and review
458	all applications for a charter school. A district school board
459	shall receive and consider charter school applications received
460	on or before September 1 of each calendar year for charter
461	schools to be opened at the beginning of the school district's
462	next school year, or to be opened at a time agreed to by the
463	applicant and the district school board. A district school board
464	may receive applications later than this date if it chooses. A
465	sponsor may not charge an applicant for a charter any fee for
466	the processing or consideration of an application, and a sponsor
467	may not base its consideration or approval of an application
468	upon the promise of future payment of any kind. A sponsor may
469	not approve an application unless the application meets the
470	specifications and criteria established by rule of the State
471	Board of Education.
472	1.  In order to facilitate an accurate budget projection
473	process, a district school board shall be held harmless for FTE
474	students who are not included in the FTE projection due to
475	approval of charter school applications after the FTE projection
476	deadline. In a further effort to facilitate an accurate budget
477	projection, within 15 calendar days after receipt of a charter
478	school application, a district school board or other sponsor
479	shall report to the Department of Education the name of the
480	applicant entity, the proposed charter school location, and its
481	projected FTE.
482	2.  In order to ensure fiscal responsibility, an
483	application for a charter school shall include a full accounting
484	of expected assets, a projection of expected sources and amounts
485	of income, including income derived from projected student
486	enrollments and from community support, and an expense
487	projection that includes full accounting of the costs of
488	operation, including start-up costs.
489	2.3.  A district school board shall by a majority vote
490	approve or deny an application no later than 60 calendar days
491	after the application is received, unless the district school
492	board and the applicant mutually agree to temporarily postpone
493	the vote to a specific date, at which time the district school
494	board shall by a majority vote approve or deny the application.
495	If the district school board fails to act on the application, an
496	applicant may appeal to the State Board of Education as provided
497	in paragraph (b)(c). If an application is denied, the district
498	school board shall, within 10 calendar days, articulate in
499	writing the specific reasons based upon good cause supporting
500	its denial of the charter application and shall, by letter,
501	notify the applicant as well as the Department of Education of
502	the specific reasons.
503	3.4.  For budget projection purposes, the district school
504	board or other sponsor shall report to the Department of
505	Education the approval or denial of a charter application within
506	10 calendar days after such approval or denial. In the event of
507	approval, the report to the Department of Education shall
508	include the final projected FTE for the approved charter school.
509	4.5.  Upon approval of a charter application, the initial
510	startup shall commence with the beginning of the public school
511	calendar for the district in which the charter is granted unless
512	the district school board allows a waiver of this provision for
513	good cause.
514	(b)(c)  An applicant may appeal any denial of that
515	applicant's application or failure to act on an application to
516	the State Board of Education no later than 30 calendar days
517	after receipt of the district school board's decision or failure
518	to act and shall notify the district school board of its appeal.
519	Any response of the district school board shall be submitted to
520	the State Board of Education within 30 calendar days after
521	notification of the appeal. Upon receipt of notification from
522	the State Board of Education that a charter school applicant is
523	filing an appeal, the Commissioner of Education shall convene a
524	meeting of the Charter School Appeal Commission to study and
525	make recommendations to the State Board of Education regarding
526	its pending decision about the appeal. The commission shall
527	forward its recommendation to the state board no later than 7
528	calendar days prior to the date on which the appeal is to be
529	heard. The State Board of Education shall by majority vote
530	accept or reject the decision of the district school board no
531	later than 90 calendar days after an appeal is filed in
532	accordance with State Board of Education rule. The Charter
533	School Appeal Commission may reject an appeal submission for
534	failure to comply with procedural rules governing the appeals
535	process. The rejection shall describe the submission errors. The
536	appellant may have up to 15 calendar days from notice of
537	rejection to resubmit an appeal that meets requirements of State
538	Board of Education rule. An application for appeal submitted
539	subsequent to such rejection shall be considered timely if the
540	original appeal was filed within 30 calendar days after receipt
541	of notice of the specific reasons for the district school
542	board's denial of the charter application. The State Board of
543	Education shall remand the application to the district school
544	board with its written decision that the district school board
545	approve or deny the application. The district school board shall
546	implement the decision of the State Board of Education. The
547	decision of the State Board of Education is not subject to the
548	provisions of the Administrative Procedure Act, chapter 120.
549	(c)(d)  The district school board shall act upon the
550	decision of the State Board of Education within 30 calendar days
551	after it is received. The State Board of Education's decision is
552	a final action subject to judicial review in the district court
553	of appeal.
554	(d)(e)1.  A Charter School Appeal Commission is established
555	to assist the commissioner and the State Board of Education with
556	a fair and impartial review of appeals by applicants whose
557	charter applications have been denied or, whose charter
558	contracts have not been renewed or have been terminated by their
559	sponsors, or whose disputes over contract negotiations have not
560	been resolved through mediation.
561	2.  The Charter School Appeal Commission may receive copies
562	of the appeal documents forwarded to the State Board of
563	Education, review the documents, gather other applicable
564	information regarding the appeal, and make a written
565	recommendation to the commissioner. The recommendation must
566	state whether the appeal should be upheld or denied and include
567	the reasons for the recommendation being offered. The
568	commissioner shall forward the recommendation to the State Board
569	of Education no later than 7 calendar days prior to the date on
570	which the appeal is to be heard. The state board must consider
571	the commission's recommendation in making its decision, but is
572	not bound by the recommendation. The decision of the Charter
573	School Appeal Commission is not subject to the provisions of the
574	Administrative Procedure Act, chapter 120.
575	3.  The commissioner shall appoint the members of the
576	Charter School Appeal Commission. Members shall serve without
577	compensation but may be reimbursed for travel and per diem
578	expenses in conjunction with their service. One-half of the
579	members must represent currently operating charter schools, and
580	one-half of the members must represent school districts. The
581	commissioner or a named designee shall chair the Charter School
582	Appeal Commission.
583	4.  The chair shall convene meetings of the commission and
584	shall ensure that the written recommendations are completed and
585	forwarded in a timely manner. In cases where the commission
586	cannot reach a decision, the chair shall make the written
587	recommendation with justification, noting that the decision was
588	rendered by the chair.
589	5.  Commission members shall thoroughly review the
590	materials presented to them from the appellant and the sponsor.
591	The commission may request information to clarify the
592	documentation presented to it. In the course of its review, the
593	commission may facilitate the postponement of an appeal in those
594	cases where additional time and communication may negate the
595	need for a formal appeal and both parties agree, in writing, to
596	postpone the appeal to the State Board of Education. A new date
597	certain for the appeal shall then be set based upon the rules
598	and procedures of the State Board of Education. Commission
599	members shall provide a written recommendation to the state
600	board as to whether the appeal should be upheld or denied. A
601	fact-based justification for the recommendation must be
602	included. The chair must ensure that the written recommendation
603	is submitted to the State Board of Education members no later
604	than 7 calendar days prior to the date on which the appeal is to
605	be heard. Both parties in the case shall also be provided a copy
606	of the recommendation.
607	(e)(f)  The Department of Education must offer or arrange
608	for training and technical assistance to charter school
609	applicants in developing business plans and estimating costs and
610	income. This assistance must address estimating start-up costs,
611	projecting enrollment, and identifying the types and amounts of
612	state and federal financial assistance the charter school will
613	be eligible to receive. The Department of Education may provide
614	other technical assistance to an applicant upon written request.
615	(f)(g)  In considering charter applications for a lab
616	school, a state university shall consult with the district
617	school board of the county in which the lab school is located.
618	The decision of a state university may be appealed pursuant to
619	the procedure established in this subsection.
620	(g)(h)  The terms and conditions for the operation of a
621	charter school shall be set forth by the sponsor and the
622	applicant in a written contractual agreement, called a charter.
623	The sponsor shall not impose unreasonable rules or regulations
624	that violate the intent of giving charter schools greater
625	flexibility to meet educational goals. The applicant and sponsor
626	shall have 90 days 6 months in which to mutually agree to the
627	provisions of the charter. The Department of Education shall
628	provide mediation services for any dispute regarding this
629	section subsequent to the approval of a charter application and
630	for any dispute relating to the approved charter, except
631	disputes regarding charter school application denials. The
632	department shall notify the parties that a request for mediation
633	has been received within 10 working days, schedule and commence
634	mediation within 60 days following the date the request is
635	submitted to the department, and establish whether mediation has
636	been successful within 60 days following conclusion of the
637	mediation. If the Commissioner of Education determines that the
638	dispute cannot be settled through mediation, the dispute may be
639	appealed to an administrative law judge appointed by the
640	Division of Administrative Hearings. The administrative law
641	judge may rule on issues of equitable treatment of the charter
642	school as a public school, whether proposed provisions of the
643	charter violate the intended flexibility granted charter schools
644	by statute, or on any other matter regarding this section except
645	a charter school application denial, and shall award the
646	prevailing party reasonable attorney's fees and costs incurred
647	to be paid by the losing party. The costs of the administrative
648	hearing shall be paid by the party whom the administrative law
649	judge rules against.
650	(7)  CHARTER.--The major issues involving the operation of
651	a charter school shall be considered in advance and included in
652	the application for a charter school as required by this section
653	and written into the charter. The charter shall be signed by the
654	governing body of the charter school and the sponsor, following
655	a public hearing to ensure community input.
656	(a)  In addition to the requirements of subparagraph
657	(5)(b)4., the charter shall address, and criteria for approval
658	of the charter must include shall be based on:
659	1.  The school's mission, the students to be served, and
660	the ages and grades to be included.
661	2.  The focus of the curriculum, the instructional methods
662	to be used, any distinctive instructional techniques to be
663	employed, and identification and acquisition of appropriate
664	technologies needed to improve educational and administrative
665	performance which include a means for promoting safe, ethical,
666	and appropriate uses of technology which comply with legal and
667	professional standards. The charter shall ensure that reading is
668	a primary focus of the curriculum and that resources are
669	provided to identify and provide specialized instruction for
670	students who are reading below grade level. The curriculum and
671	instructional strategies for reading must be consistent with the
672	Sunshine State Standards and grounded in scientifically based
673	reading research.
674	1.3.  The current incoming baseline standard of student
675	academic achievement, the outcomes to be achieved, and the
676	method of measurement that will be used. The criteria listed in
677	this subparagraph shall include a detailed description for each
678	of the following:
679	a.  How the baseline student academic achievement levels
680	and prior rates of academic progress will be established.
681	b.  How these baseline rates will be compared to rates of
682	academic progress achieved by these same students while
683	attending the charter school.
684	c.  To the extent possible, how these rates of progress
685	will be evaluated and compared with rates of progress of other
686	closely comparable student populations.
687
688	The district school board shall is required to provide academic
689	student performance data to charter schools for each of their
690	students coming from the district school system, as well as
691	rates of academic progress of comparable student populations in
692	the district school system.
693	4.  The methods used to identify the educational strengths
694	and needs of students and how well educational goals and
695	performance standards are met by students attending the charter
696	school. Included in the methods is a means for the charter
697	school to ensure accountability to its constituents by analyzing
698	student performance data and by evaluating the effectiveness and
699	efficiency of its major educational programs. Students in
700	charter schools shall, at a minimum, participate in the
701	statewide assessment program created under s. 1008.22.
702	2.5.  In secondary charter schools, a method for
703	determining that a student has satisfied the requirements for
704	graduation in s. 1003.43.
705	6.  A method for resolving conflicts between the governing
706	body of the charter school and the sponsor.
707	7.  The admissions procedures and dismissal procedures,
708	including the school's code of student conduct.
709	8.  The ways by which the school will achieve a
710	racial/ethnic balance reflective of the community it serves or
711	within the racial/ethnic range of other public schools in the
712	same school district.
713	9.  The financial and administrative management of the
714	school, including a reasonable demonstration of the professional
715	experience or competence of those individuals or organizations
716	applying to operate the charter school or those hired or
717	retained to perform such professional services and the
718	description of clearly delineated responsibilities and the
719	policies and practices needed to effectively manage the charter
720	school. A description of internal audit procedures and
721	establishment of controls to ensure that financial resources are
722	properly managed must be included. Both public sector and
723	private sector professional experience shall be equally valid in
724	such a consideration.
725	3.10.  The asset and liability projections required in the
726	application which are incorporated into the charter and which
727	shall be compared with information provided in the annual report
728	of the charter school. The charter shall ensure that, if a
729	charter school internal audit or annual financial audit reveals
730	a state of financial emergency as defined in s. 218.503 or
731	deficit financial position, the auditors are required to notify
732	the charter school governing board, the sponsor, and the
733	Department of Education. The internal auditor shall report such
734	findings in the form of an exit interview to the principal or
735	the principal administrator of the charter school and the chair
736	of the governing board within 7 working days after finding the
737	state of financial emergency or deficit position. A final report
738	shall be provided to the entire governing board, the sponsor,
739	and the Department of Education within 14 working days after the
740	exit interview. When a charter school is in a state of financial
741	emergency, the charter school shall file a detailed financial-
742	recovery plan with the sponsoring district school board. The
743	Department of Education must establish guidelines for developing
744	such plans.
745	4.11.  A description of procedures that identify various
746	risks and provide for a comprehensive approach to reduce the
747	impact of losses; plans to ensure the safety and security of
748	students and staff; plans to identify, minimize, and protect
749	others from violent or disruptive student behavior; and the
750	manner in which the school will be insured, including whether or
751	not the school will be required to have liability insurance,
752	and, if so, the terms and conditions thereof and the amounts of
753	coverage.
754	5.12.  The term of the charter which shall provide for
755	cancellation of the charter if insufficient progress has been
756	made in attaining the student achievement objectives of the
757	charter and if it is not likely that such objectives can be
758	achieved before expiration of the charter. The initial term of a
759	charter shall be for 3, 4, or 5 years. In order to facilitate
760	access to long-term financial resources for charter school
761	construction, charter schools that are operated by a
762	municipality or other public entity as provided by law are
763	eligible for up to a 15-year charter, subject to approval by the
764	district school board. A charter lab school is eligible for a
765	charter for a term of up to 15 years. In addition, to facilitate
766	access to long-term financial resources for charter school
767	construction, charter schools that are operated by a private,
768	not-for-profit, s. 501(c)(3) status corporation are eligible for
769	up to a 10-year charter, subject to approval by the district
770	school board. Such long-term charters remain subject to annual
771	review and may be terminated during the term of the charter, but
772	only for specific good cause according to the provisions set
773	forth in subsection (8).
774	6.13.  The facilities to be used and their location.
775	14.  The qualifications to be required of the teachers and
776	the potential strategies used to recruit, hire, train, and
777	retain qualified staff to achieve best value.
778	7.15.  The governance structure of the school, including
779	the status of the charter school as a public or private employer
780	as required in paragraph (12)(i).
781	16.  A timetable for implementing the charter which
782	addresses the implementation of each element thereof and the
783	date by which the charter shall be awarded in order to meet this
784	timetable.
785	8.17.  In the case of an existing public school being
786	converted to charter status, alternative arrangements for
787	current students who choose not to attend the charter school and
788	for current teachers who choose not to teach in the charter
789	school after conversion in accordance with the existing
790	collective bargaining agreement or district school board rule in
791	the absence of a collective bargaining agreement. However,
792	alternative arrangements shall not be required for current
793	teachers who choose not to teach in a charter lab school, except
794	as authorized by the employment policies of the state university
795	which grants the charter to the lab school.
796	(b)  A charter may be renewed every 5 school years,
797	provided that a program review demonstrates that the criteria in
798	paragraph (a) have been successfully accomplished and that none
799	of the grounds for nonrenewal established by paragraph (8)(a)
800	has been documented. In order to facilitate long-term financing
801	for charter school construction, charter schools operating for a
802	minimum of 2 years and demonstrating exemplary academic
803	programming and fiscal management are eligible for a 15-year
804	charter renewal. Such long-term charter is subject to annual
805	review and may be terminated during the term of the charter.
806	(c)  A charter may be modified during its initial term or
807	any renewal term upon the recommendation of the sponsor or the
808	charter school governing board and the approval of both parties
809	to the agreement.
810	(8)  CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.--
811	(a)  At the end of the term of a charter, the sponsor shall
812	may choose not to renew or to terminate the charter for any of
813	the following grounds:
814	1.  Failure to participate in the state's education
815	accountability system created in s. 1008.31, as required in this
816	section, or failure to meet the requirements for student
817	performance stated in the charter, or failure to meet the
818	performance standards as authorized by s. 1008.32 and specified
819	by rule of the State Board of Education.
820	2.  Failure to comply with statutorily directed state
821	reporting requirements, including the requirements identified in
822	paragraph (9)(m) which pertain to components of the annual
823	charter school accountability report.
824	3.  Failure of the governing body of a charter school to
825	submit its annual performance accountability report to its
826	sponsors as prescribed in paragraph (9)(m).
827	4.  Failure of the director of a charter school having a
828	school performance grade of a "D" or "F" to appear before the
829	sponsoring body as required in subsection (5).
830	5.2.  Failure to meet generally accepted standards of
831	fiscal management.
832	6.3.  Violation of law.
833	7.4.  Other good cause shown.
834	(b)  During the term of a charter, the sponsor may
835	terminate the charter for any of the grounds listed in paragraph
836	(a).
837	(c)  At the end of the term of a charter or during the term
838	of a charter, the sponsor may not renew or shall terminate the
839	charter when the charter school receives a school performance
840	grade of "F" under s. 1008.34 for 2 consecutive years, unless
841	the school has made adequate yearly progress under the federal
842	No Child Left Behind Act in at least 1 of those 2 years.
843	(d)  At the end of the term of a charter, the sponsor may
844	not renew the charter if the school fails to meet the
845	requirements for student performance set forth in rules of the
846	State Board of Education.
847	(e)(c)  At least 90 days prior to renewing or terminating a
848	charter, the sponsor shall notify the governing body of the
849	school of the proposed action in writing. The notice shall state
850	in reasonable detail the grounds for the proposed action and
851	stipulate that the school's governing body may, within 14
852	calendar days after receiving the notice, request an informal
853	hearing before the sponsor. The sponsor shall conduct the
854	informal hearing within 30 calendar days after receiving a
855	written request. The charter school's governing body may, within
856	14 calendar days after receiving the sponsor's decision to
857	terminate or refuse to renew the charter, appeal the decision
858	pursuant to the procedure established in subsection (6).
859	(f)(d)  A charter may be terminated immediately if the
860	sponsor determines that good cause has been shown or if the
861	health, safety, or welfare of the students is threatened. The
862	charter sponsor must notify in writing the charter school's
863	governing body, the school principal, and the Department of
864	Education if a charter is immediately terminated. The sponsor
865	shall clearly identify the issues that resulted in the immediate
866	termination and provide evidence of prior notification of issues
867	resulting in the immediate termination when appropriate. The
868	school district in which the charter school is located shall
869	assume operation of the school under these circumstances. The
870	charter school's governing board may, within 14 days after
871	receiving the sponsor's decision to terminate the charter,
872	appeal the decision pursuant to the procedure established in
873	subsection (6).
874	(g)(e)  When a charter is not renewed or is terminated, the
875	school shall be dissolved under the provisions of law under
876	which the school was organized, and any unencumbered public
877	funds, except for capital outlay funds, from the charter school
878	shall revert to the district school board. Capital outlay funds
879	provided pursuant to s. 1013.62 that are unencumbered shall
880	revert to the department to be redistributed among eligible
881	charter schools. In the event a charter school is dissolved or
882	is otherwise terminated, all district school board property and
883	improvements, furnishings, and equipment purchased with public
884	funds shall automatically revert to full ownership by the
885	district school board, subject to complete satisfaction of any
886	lawful liens or encumbrances. Any unencumbered public funds from
887	the charter school, district school board property and
888	improvements, furnishings, and equipment purchased with public
889	funds, or financial or other records pertaining to the charter
890	school, in the possession of any person, entity, or holding
891	company, other than the charter school, shall be held in trust
892	upon the district school board's request, until any appeal
893	status is resolved.
894	(h)(f)  If a charter is not renewed or is terminated, the
895	charter school is responsible for all debts of the charter
896	school. The district may not assume the debt from any contract
897	for services made between the governing body of the school and a
898	third party, except for a debt that is previously detailed and
899	agreed upon in writing by both the district and the governing
900	body of the school and that may not reasonably be assumed to
901	have been satisfied by the district.
902	(i)(g)  If a charter is not renewed or is terminated, a
903	student who attended the school may apply to, and shall be
904	enrolled in, another public school. Normal application deadlines
905	shall be disregarded under such circumstances.
906	(9)  CHARTER SCHOOL REQUIREMENTS.--
907	(a)  A charter school shall be nonsectarian in its
908	programs, admission policies, employment practices, and
909	operations.
910	(b)  A charter school shall admit students as provided in
911	subsection (10).
912	(c)  A charter school shall be accountable to its sponsor
913	for performance as provided in subsection (7).
914	(d)  A charter school shall not charge tuition or
915	registration fees, except those fees normally charged by other
916	public schools. However, a charter lab school may charge a
917	student activity and service fee as authorized by s. 1002.32(5).
918	(e)  A charter school shall meet all applicable state and
919	local health, safety, and civil rights requirements.
920	(f)  A charter school shall not violate the
921	antidiscrimination provisions of s. 1000.05.
922	(g)  A charter school shall provide for an annual financial
923	audit in accordance with s. 218.39. Financial audits that yield
924	a state of financial emergency as defined in s. 218.503 and
925	conducted by a certified public accountant or auditor in
926	accordance with s. 218.39 shall be provided to the governing
927	body of the charter school within 7 working days after finding
928	that a state of financial emergency exists. When a charter
929	school is found to be in a state of financial emergency by a
930	certified public accountant or auditor, the charter school must
931	file a detailed financial-recovery plan with the sponsoring
932	district school board within 30 days after receipt of the audit.
933	The detailed financial-recovery plan must comply with the
934	requirements set forth by the Department of Education.
935	(h)  No organization shall hold more than 15 charters
936	statewide.
937	(i)  Any individual, group, organization, or private or
938	nonprofit company that submits an application to operate a
939	charter school in this state or that is contracted with by the
940	governing board of a charter school to operate a charter school
941	in this state must register with the Department of Education
942	upon submission of its application to the sponsor. The
943	Department of Education shall maintain a database that contains
944	the name of each organization or entity applying for a charter
945	or operating by contract a charter school in this state,
946	principal contact information, a description of the organization
947	or entity, an identification of the number of charter
948	applications or contracts in the state, and disclosure of
949	charters terminated or renewed in this state and other states. A
950	sponsor may not approve an application for a charter unless the
951	governing board and contract operator of the school have
952	submitted a complete, accurate, and timely registration with the
953	Department of Education.
954	(j)(i)  In order to provide financial information that is
955	comparable to that reported for other public schools, charter
956	schools are to maintain all financial records which constitute
957	their accounting system:
958	1.  In accordance with the accounts and codes prescribed in
959	the most recent issuance of the publication titled "Financial
960	and Program Cost Accounting and Reporting for Florida Schools";
961	or
962	2.  At the discretion of the charter school governing
963	board, a charter school may elect to follow generally accepted
964	accounting standards for not-for-profit organizations, but must
965	reformat this information for reporting according to this
966	paragraph.
967
968	Charter schools shall are to provide annual financial report and
969	program cost report information in the state-required formats
970	for inclusion in district reporting in compliance with s.
971	1011.60(1). Charter schools that are operated by a municipality
972	or are a component unit of a parent nonprofit organization may
973	use the accounting system of the municipality or the parent but
974	must reformat this information for reporting according to this
975	paragraph. The Department of Education must develop a modified
976	annual financial report for use by charter schools, which would
977	allow districts and the state to include charter school
978	expenditures in their educational cost reports. The department
979	must develop guidelines that identify district and department
980	responsibilities for verifying the data in these reports. These
981	guidelines must require that each charter school's annual
982	financial report be signed by the school's chief financial
983	officer or the certified public accountant who prepared the
984	report.
985	(k)(j)  The governing board of the charter school shall
986	annually adopt and maintain an operating budget.
987	(l)(k)  The governing body of the charter school shall
988	exercise continuing oversight over charter school operations.
989	(m)(l)  The governing body of the charter school shall
990	report its performance progress annually to its sponsor, which
991	shall forward the report to the Commissioner of Education at the
992	same time as other annual school accountability reports. The
993	governing body shall monitor and review its school in adherence
994	and compliance with components of its application and charter as
995	defined in subsection (6). The Department of Education shall
996	include in its compilation a notation if a school failed to file
997	its report by the deadline established by the department. The
998	report shall include at least the following components:
999	1.  Student achievement performance data, including the
1000	information required for the annual school report and the
1001	education accountability system governed by ss. 1008.31 and
1002	1008.345. Charter schools are subject to the same accountability
1003	requirements as other public schools, including reports of
1004	student achievement information that links baseline student data
1005	to the school's performance projections identified in the
1006	charter. The charter school shall identify reasons for any
1007	difference between projected and actual student performance.
1008	2.  Financial status of the charter school which must
1009	include revenues and expenditures at a level of detail that
1010	allows for analysis of the ability to meet financial obligations
1011	and timely repayment of debt.
1012	3.  Documentation of the facilities in current use and any
1013	planned facilities for use by the charter school for instruction
1014	of students, administrative functions, or investment purposes.
1015	4.  Descriptive information about the charter school's
1016	personnel, including salary and benefit levels of charter school
1017	employees, the proportion of instructional personnel who hold
1018	professional or temporary certificates, and the proportion of
1019	instructional personnel teaching in-field or out-of-field.
1020	(n)(m)  A charter school shall not levy taxes or issue
1021	bonds secured by tax revenues.
1022	(o)(n)  A charter school shall provide instruction for at
1023	least the number of days required by law for other public
1024	schools, and may provide instruction for additional days.
1025	(10)  ELIGIBLE STUDENTS.--
1026	(a)  A charter school shall be open to any student covered
1027	in an interdistrict agreement or residing in the school district
1028	in which the charter school is located; however, in the case of
1029	a charter lab school, the charter lab school shall be open to
1030	any student eligible to attend the lab school as provided in s.
1031	1002.32 or who resides in the school district in which the
1032	charter lab school is located. Any eligible student shall be
1033	allowed interdistrict transfer to attend a charter school when
1034	based on good cause.
1035	(b)  The charter school shall enroll an eligible student
1036	who submits a timely application, unless the number of
1037	applications exceeds the capacity of a program, class, grade
1038	level, or building. In such case, all applicants shall have an
1039	equal chance of being admitted through a random selection
1040	process.
1041	(c)  When a public school converts to charter status,
1042	enrollment preference shall be given to students who would have
1043	otherwise attended that public school.
1044	(d)  A charter school may give enrollment preference to the
1045	following student populations:
1046	1.  Students who are siblings of a student enrolled in the
1047	charter school.
1048	2.  Students who are the children of a member of the
1049	governing board of the charter school.
1050	3.  Students who are the children of an employee of the
1051	charter school.
1052	(e)  A charter school may limit the enrollment process only
1053	to target the following student populations:
1054	1.  Students within specific age groups or grade levels.
1055	2.  Students considered at risk of dropping out of school
1056	or academic failure. Such students shall include exceptional
1057	education students.
1058	3.  Students enrolling in a charter school-in-the-workplace
1059	or charter school-in-a-municipality established pursuant to
1060	subsection (15).
1061	4.  Students residing within a reasonable distance of the
1062	charter school, as described in paragraph (20)(c). Such students
1063	shall be subject to a random lottery and to the racial/ethnic
1064	balance provisions described in rules of the State Board of
1065	Education subparagraph (7)(a)8. or any federal provisions that
1066	require a school to achieve a racial/ethnic balance reflective
1067	of the community it serves or within the racial/ethnic range of
1068	other public schools in the same school district.
1069	5.  Students who meet reasonable academic, artistic, or
1070	other eligibility standards established by the charter school
1071	and included in the charter school application and charter or,
1072	in the case of existing charter schools, standards that are
1073	consistent with the school's mission and purpose. Such standards
1074	shall be in accordance with current state law and practice in
1075	public schools and may not discriminate against otherwise
1076	qualified individuals.
1077	6.  Students articulating from one charter school to
1078	another pursuant to an articulation agreement between the
1079	charter schools that has been approved by the sponsor.
1080	(f)  Students with handicapping conditions and students
1081	served in English for Speakers of Other Languages programs shall
1082	have an equal opportunity of being selected for enrollment in a
1083	charter school.
1084	(g)  A student may withdraw from a charter school at any
1085	time and enroll in another public school as determined by
1086	district school board rule.
1087	(h)  The capacity of the charter school shall be determined
1088	annually by the governing board, in conjunction with the
1089	sponsor, of the charter school in consideration of the factors
1090	identified in this subsection.
1091	(11)  PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR
1092	ACTIVITIES.--A charter school student is eligible to participate
1093	in an interscholastic extracurricular activity at the public
1094	school to which the student would be otherwise assigned to
1095	attend pursuant to s. 1006.15(3)(d).
1096	(12)  EMPLOYEES OF CHARTER SCHOOLS.--
1097	(a)  A charter school shall select its own employees. A
1098	charter school may contract with its sponsor for the services of
1099	personnel employed by the sponsor.
1100	(b)  Charter school employees shall have the option to
1101	bargain collectively. Employees may collectively bargain as a
1102	separate unit or as part of the existing district collective
1103	bargaining unit as determined by the structure of the charter
1104	school.
1105	(c)  The employees of a conversion charter school shall
1106	remain public employees for all purposes, unless such employees
1107	choose not to do so.
1108	(d)  The teachers at a charter school may choose to be part
1109	of a professional group that subcontracts with the charter
1110	school to operate the instructional program under the auspices
1111	of a partnership or cooperative that they collectively own.
1112	Under this arrangement, the teachers would not be public
1113	employees.
1114	(e)  Employees of a school district may take leave to
1115	accept employment in a charter school upon the approval of the
1116	district school board. While employed by the charter school and
1117	on leave that is approved by the district school board, the
1118	employee may retain seniority accrued in that school district
1119	and may continue to be covered by the benefit programs of that
1120	school district, if the charter school and the district school
1121	board agree to this arrangement and its financing. School
1122	districts shall not require resignations of teachers desiring to
1123	teach in a charter school. This paragraph shall not prohibit a
1124	district school board from approving alternative leave
1125	arrangements consistent with chapter 1012.
1126	(f)  Teachers employed by or under contract to a charter
1127	school shall be certified as required by chapter 1012. A charter
1128	school governing board may employ or contract with skilled
1129	selected noncertified personnel to provide instructional
1130	services or to assist instructional staff members as education
1131	paraprofessionals in the same manner as defined in chapter 1012,
1132	and as provided by State Board of Education rule for charter
1133	school governing boards. A charter school may not knowingly
1134	employ an individual to provide instructional services or to
1135	serve as an education paraprofessional if the individual's
1136	certification or licensure as an educator is suspended or
1137	revoked by this or any other state. A charter school may not
1138	knowingly employ an individual who has resigned from a school
1139	district in lieu of disciplinary action with respect to child
1140	welfare or safety, or who has been dismissed for just cause by
1141	any school district with respect to child welfare or safety. The
1142	qualifications of teachers shall be disclosed to parents.
1143	(g)  A charter school shall employ or contract with
1144	employees who have undergone background screening as provided in
1145	s. 1012.32. Members of the governing board of the charter school
1146	shall also undergo background screening in a manner similar to
1147	that provided in s. 1012.32.
1148	(h)  For the purposes of tort liability, the governing body
1149	and employees of a charter school shall be governed by s.
1150	768.28.
1151	(i)  A charter school shall organize as, or be operated by,
1152	a nonprofit organization. A charter school may be operated by a
1153	municipality or other public entity as provided for by law. As
1154	such, the charter school may be either a private or a public
1155	employer.  As a public employer, a charter school may
1156	participate in the Florida Retirement System upon application
1157	and approval as a "covered group" under s. 121.021(34). If a
1158	charter school participates in the Florida Retirement System,
1159	the charter school employees shall be compulsory members of the
1160	Florida Retirement System. As either a private or a public
1161	employer, a charter school may contract for services with an
1162	individual or group of individuals who are organized as a
1163	partnership or a cooperative. Individuals or groups of
1164	individuals who contract their services to the charter school
1165	are not public employees.
1166	(13)  CHARTER SCHOOL COOPERATIVES.--Charter schools may
1167	enter into cooperative agreements to form charter school
1168	cooperative organizations that may provide the following
1169	services: charter school planning and development, direct
1170	instructional services, and contracts with charter school
1171	governing boards to provide personnel administrative services,
1172	payroll services, human resource management, evaluation and
1173	assessment services, teacher preparation, and professional
1174	development.
1175	(14)  CHARTER SCHOOL FINANCIAL ARRANGEMENTS;
1176	INDEMNIFICATION OF THE STATE AND SCHOOL DISTRICT; CREDIT OR
1177	TAXING POWER NOT TO BE PLEDGED.--Any arrangement entered into to
1178	borrow or otherwise secure funds for a charter school authorized
1179	in this section from a source other than the state or a school
1180	district shall indemnify the state and the school district from
1181	any and all liability, including, but not limited to, financial
1182	responsibility for the payment of the principal or interest. Any
1183	loans, bonds, or other financial agreements are not obligations
1184	of the state or the school district but are obligations of the
1185	charter school authority and are payable solely from the sources
1186	of funds pledged by such agreement. The credit or taxing power
1187	of the state or the school district shall not be pledged and no
1188	debts shall be payable out of any moneys except those of the
1189	legal entity in possession of a valid charter approved by a
1190	district school board pursuant to this section.
1191	(15)  CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER SCHOOLS-IN-
1192	A-MUNICIPALITY.--
1193	(a)  In order to increase business partnerships in
1194	education, to reduce school and classroom overcrowding
1195	throughout the state, and to offset the high costs for
1196	educational facilities construction, the Legislature intends to
1197	encourage the formation of business partnership schools or
1198	satellite learning centers and municipal-operated schools
1199	through charter school status.
1200	(b)  A charter school-in-the-workplace may be established
1201	when a business partner provides the school facility to be used;
1202	enrolls students based upon a random lottery that involves all
1203	of the children of employees of that business or corporation who
1204	are seeking enrollment, as provided for in subsection (10); and
1205	enrolls students according to the racial/ethnic balance
1206	provisions described in rules of the State Board of Education
1207	subparagraph (7)(a)8. Any portion of a facility used for a
1208	public charter school shall be exempt from ad valorem taxes, as
1209	provided for in s. 1013.54, for the duration of its use as a
1210	public school.
1211	(c)  A charter school-in-a-municipality designation may be
1212	granted to a municipality that possesses a charter; enrolls
1213	students based upon a random lottery that involves all of the
1214	children of the residents of that municipality who are seeking
1215	enrollment, as provided for in subsection (10); and enrolls
1216	students according to the racial/ethnic balance provisions
1217	described in rules of the State Board of Education subparagraph
1218	(7)(a)8. When a municipality has submitted charter applications
1219	for the establishment of a charter school feeder pattern,
1220	consisting of elementary, middle, and senior high schools, and
1221	each individual charter application is approved by the district
1222	school board, such schools shall then be designated as one
1223	charter school for all purposes listed pursuant to this section.
1224	Any portion of the land and facility used for a public charter
1225	school shall be exempt from ad valorem taxes, as provided for in
1226	s. 1013.54, for the duration of its use as a public school.
1227	(d)  As used in this subsection, the terms "business
1228	partner" or "municipality" may include more than one business or
1229	municipality to form a charter school-in-the-workplace or
1230	charter school-in-a-municipality.
1231	(16)  EXEMPTION FROM STATUTES.--
1232	(a)  A charter school shall operate in accordance with its
1233	charter and shall be exempt from all statutes in chapters 1000-
1234	1013. However, a charter school shall be in compliance with the
1235	following statutes in chapters 1000-1013:
1236	1.  Those statutes specifically applying to charter
1237	schools, including this section.
1238	2.  Those statutes pertaining to the student assessment
1239	program and school grading system.
1240	3.  Those statutes pertaining to the provision of services
1241	to students with disabilities.
1242	4.  Those statutes pertaining to civil rights, including s.
1243	1000.05, relating to discrimination.
1244	5.  Those statutes pertaining to student health, safety,
1245	and welfare.
1246	(b)  Additionally, a charter school shall be in compliance
1247	with the following statutes:
1248	1.  Section 286.011, relating to public meetings and
1249	records, public inspection, and criminal and civil penalties.
1250	2.  Chapter 119, relating to public records.
1251	(17)  FUNDING.--Students enrolled in a charter school,
1252	regardless of the sponsorship, shall be funded as if they are in
1253	a basic program or a special program, the same as students
1254	enrolled in other public schools in the school district. Funding
1255	for a charter lab school shall be as provided in s. 1002.32.
1256	(a)  Each charter school shall report its student
1257	enrollment to the district school board as required in s.
1258	1011.62, and in accordance with the definitions in s. 1011.61.
1259	The district school board shall include each charter school's
1260	enrollment in the district's report of student enrollment. All
1261	charter schools submitting student record information required
1262	by the Department of Education shall comply with the Department
1263	of Education's guidelines for electronic data formats for such
1264	data, and all districts shall accept electronic data that
1265	complies with the Department of Education's electronic format.
1266	(b)  The basis for the agreement for funding students
1267	enrolled in a charter school shall be the sum of the school
1268	district's operating funds from the Florida Education Finance
1269	Program as provided in s. 1011.62 and the General Appropriations
1270	Act, including gross state and local funds, discretionary
1271	lottery funds, and funds from the school district's current
1272	operating discretionary millage levy; divided by total funded
1273	weighted full-time equivalent students in the school district;
1274	multiplied by the weighted full-time equivalent students for the
1275	charter school. Charter schools whose students or programs meet
1276	the eligibility criteria in law shall be entitled to their
1277	proportionate share of categorical program funds included in the
1278	total funds available in the Florida Education Finance Program
1279	by the Legislature, including transportation. Total funding for
1280	each charter school shall be recalculated during the year to
1281	reflect the revised calculations under the Florida Education
1282	Finance Program by the state and the actual weighted full-time
1283	equivalent students reported by the charter school during the
1284	full-time equivalent student survey periods designated by the
1285	Commissioner of Education.
1286	(c)  If the district school board is providing programs or
1287	services to students funded by federal funds, any eligible
1288	students enrolled in charter schools in the school district
1289	shall be provided federal funds for the same level of service
1290	provided students in the schools operated by the district school
1291	board. Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all
1292	charter schools shall receive all federal funding for which the
1293	school is otherwise eligible, including Title I funding, not
1294	later than 5 months after the charter school first opens and
1295	within 5 months after any subsequent expansion of enrollment.
1296	(d)  District school boards shall make every effort to
1297	ensure that charter schools receive timely and efficient
1298	reimbursement, including processing paperwork required to access
1299	special state and federal funding for which they may be
1300	eligible. The district school board may distribute funds to a
1301	charter school for up to 3 months based on the projected full-
1302	time equivalent student membership of the charter school.
1303	Thereafter, the results of full-time equivalent student
1304	membership surveys shall be used in adjusting the amount of
1305	funds distributed monthly to the charter school for the
1306	remainder of the fiscal year. The payment shall be issued no
1307	later than 10 working days after the district school board
1308	receives a distribution of state or federal funds. If a warrant
1309	for payment is not issued within 30 working days after receipt
1310	of funding by the district school board, the school district
1311	shall pay to the charter school, in addition to the amount of
1312	the scheduled disbursement, interest at a rate of 1 percent per
1313	month calculated on a daily basis on the unpaid balance from the
1314	expiration of the 30-day period until such time as the warrant
1315	is issued.
1316	(18)  FACILITIES.--
1317	(a)  A charter school shall utilize facilities which comply
1318	with the Florida Building Code pursuant to chapter 553 except
1319	for the State Requirements for Educational Facilities. Charter
1320	schools are not required to comply, but may choose to comply,
1321	with the State Requirements for Educational Facilities of the
1322	Florida Building Code adopted pursuant to s. 1013.37. The local
1323	governing authority shall not adopt or impose local building
1324	requirements or restrictions that are more stringent than those
1325	found in the Florida Building Code. The agency having
1326	jurisdiction for inspection of a facility and issuance of a
1327	certificate of occupancy shall be the local municipality or, if
1328	in an unincorporated area, the county governing authority.
1329	(b)  A charter school shall utilize facilities that comply
1330	with the Florida Fire Prevention Code, pursuant to s. 633.025,
1331	as adopted by the authority in whose jurisdiction the facility
1332	is located as provided in paragraph (a). The sponsor of a
1333	charter school shall be an advocate for the charter school in
1334	matters relating to interpretations of such fire code.
1335	(c)  Any facility, or portion thereof, used to house a
1336	charter school whose charter has been approved by the sponsor
1337	and the governing board, pursuant to subsection (7), shall be
1338	exempt from ad valorem taxes pursuant to s. 196.1983.
1339	(d)  Charter school facilities are exempt from assessments
1340	of fees for building permits, except as provided in s. 553.80,
1341	and for building licenses and from assessments of impact fees or
1342	service availability fees.
1343	(e)  If a district school board facility or property is
1344	available because it is surplus, marked for disposal, or
1345	otherwise unused, it shall be provided for a charter school's
1346	use on the same basis as it is made available to other public
1347	schools in the district. A charter school receiving property
1348	from the school district may not sell or dispose of such
1349	property without written permission of the school district.
1350	Similarly, for an existing public school converting to charter
1351	status, no rental or leasing fee for the existing facility or
1352	for the property normally inventoried to the conversion school
1353	may be charged by the district school board to the parents and
1354	teachers organizing the charter school. The charter organizers
1355	shall agree to reasonable maintenance provisions in order to
1356	maintain the facility in a manner similar to district school
1357	board standards. The Public Education Capital Outlay maintenance
1358	funds or any other maintenance funds generated by the facility
1359	operated as a conversion school shall remain with the conversion
1360	school.
1361	(f)  To the extent that charter school facilities are
1362	specifically created to mitigate the educational impact created
1363	by the development of new residential dwelling units, pursuant
1364	to subparagraph (2)(c)4., some of or all of the educational
1365	impact fees required to be paid in connection with the new
1366	residential dwelling units may be designated instead for the
1367	construction of the charter school facilities that will mitigate
1368	the student station impact. Such facilities shall be built to
1369	the State Requirements for Educational Facilities and shall be
1370	owned by a public or nonprofit entity. The local school district
1371	retains the right to monitor and inspect such facilities to
1372	ensure compliance with the State Requirements for Educational
1373	Facilities. If a facility ceases to be used for public
1374	educational purposes, either the facility shall revert to the
1375	school district subject to any debt owed on the facility, or the
1376	owner of the facility shall have the option to refund all
1377	educational impact fees utilized for the facility to the school
1378	district. The district and the owner of the facility may
1379	contractually agree to another arrangement for the facilities if
1380	the facilities cease to be used for educational purposes. The
1381	owner of property planned or approved for new residential
1382	dwelling units and the entity levying educational impact fees
1383	shall enter into an agreement that designates the educational
1384	impact fees that will be allocated for the charter school
1385	student stations and that ensures the timely construction of the
1386	charter school student stations concurrent with the expected
1387	occupancy of the residential units. The application for use of
1388	educational impact fees shall include an approved charter school
1389	application. To assist the school district in forecasting
1390	student station needs, the entity levying the impact fees shall
1391	notify the affected district of any agreements it has approved
1392	for the purpose of mitigating student station impact from the
1393	new residential dwelling units.
1394	(19)  CAPITAL OUTLAY FUNDING.--Charter schools are eligible
1395	for capital outlay funds pursuant to s. 1013.62.
1396	(20)  SERVICES.--
1397	(a)  A sponsor shall provide certain administrative and
1398	educational services to charter schools. These services shall
1399	include contract management services; full-time equivalent and
1400	data reporting services; exceptional student education
1401	administration services; test administration services, including
1402	payment of the costs of state-required or district-required
1403	student assessments; processing of teacher certificate data
1404	services; and information services, including equal access to
1405	student information systems that are used by public schools in
1406	the district in which the charter school is located. A total
1407	administrative fee for the provision of such services shall be
1408	calculated based upon 5 percent of the available funds defined
1409	in paragraph (17)(b) for all students. However, a sponsor may
1410	only withhold a 5-percent administrative fee for enrollment for
1411	up to and including 500 students. For charter schools with a
1412	population of 501 or more students, the difference between the
1413	total administrative fee calculation and the amount of the
1414	administrative fee withheld may only be used for capital outlay
1415	purposes specified in s. 1013.62(2). Sponsors shall not charge
1416	charter schools any additional fees or surcharges for
1417	administrative and educational services in addition to the 5-
1418	percent administrative fee withheld pursuant to this paragraph.
1419	(b)  If goods and services are made available to the
1420	charter school through the contract with the school district,
1421	they shall be provided to the charter school at a rate no
1422	greater than the district's actual cost unless mutually agreed
1423	upon by the charter school and the sponsor in a contract
1424	negotiated separately from the charter. When mediation has
1425	failed to resolve disputes over contracted services or
1426	contractual matters not included in the charter, an appeal may
1427	be made for a dispute resolution hearing before the Charter
1428	School Appeal Commission. To maximize the use of state funds,
1429	school districts shall allow charter schools to participate in
1430	the sponsor's bulk purchasing program if applicable.
1431	(c)  Transportation of charter school students shall be
1432	provided by the charter school consistent with the requirements
1433	of subpart I.E. of chapter 1006 and s. 1012.45. The governing
1434	body of the charter school may provide transportation through an
1435	agreement or contract with the district school board, a private
1436	provider, or parents. The charter school and the sponsor shall
1437	cooperate in making arrangements that ensure that transportation
1438	is not a barrier to equal access for all students residing
1439	within a reasonable distance of the charter school as determined
1440	in its charter.
1441	(21)  PUBLIC INFORMATION ON CHARTER SCHOOLS.--The
1442	Department of Education shall provide information to the public,
1443	directly and through sponsors, both on how to form and operate a
1444	charter school and on how to enroll in charter schools once they
1445	are created. This information shall include a standard
1446	application format which shall include the information specified
1447	in subsection (7). This application format may be used by
1448	chartering entities.
1449	(22)  STATE BOARD OF EDUCATION AUTHORITY.--
1450	(a)  The State Board of Education may adopt rules pursuant
1451	to ss. 120.536(1) and 120.54 to administer this section.
1452	(b)  The State Board of Education has authority pursuant to
1453	s. 1008.32 to enforce the provisions of this section.
1454	(c)  The State Board of Education shall ensure that the
1455	Department of Education provides or arranges for the provision
1456	of the following services:
1457	1.  Assistance to potential charter applicants in
1458	identifying available resources and information that would
1459	enable the applicant to submit a stronger charter application.
1460	2.  Assistance to sponsors and charter schools in
1461	developing a model charter contract that may be modified to
1462	reflect local decisions. Such a model should not impede
1463	creativity in delivering the educational program of the charter
1464	school. The model should assist charter schools in identifying
1465	the services a charter school receives for any administrative
1466	assessment and in determining the per-student cost of those
1467	services. The model should also address the provision of food
1468	service and transportation.
1469	3.  Assistance to sponsors and charter school in developing
1470	a model charter renewal evaluation process that may be modified
1471	to reflect individual contracts and local decisions.
1472	4.  Annual training opportunities for members of charter
1473	school governing boards relating to current statutory and
1474	financial requirements pertaining to charter schools.
1475	5.  Annual joint training opportunities for school district
1476	personnel whose responsibilities involve working with charter
1477	applicants and charter schools and for personnel of charter
1478	schools. Such training should include current statutory and
1479	financial requirements pertaining to charter schools and other
1480	appropriate matters.
1481	(22)  CHARTER SCHOOL REVIEW PANEL AND LEGISLATIVE REVIEW.--
1482	(a)  The Department of Education shall regularly convene a
1483	Charter School Review Panel in order to review issues,
1484	practices, and policies regarding charter schools. The
1485	composition of the review panel shall include individuals with
1486	experience in finance, administration, law, education, and
1487	school governance, and individuals familiar with charter school
1488	construction and operation. The panel shall include two
1489	appointees each from the Commissioner of Education, the
1490	President of the Senate, and the Speaker of the House of
1491	Representatives. The Governor shall appoint three members of the
1492	panel and shall designate the chair. Each member of the panel
1493	shall serve a 1-year term, unless renewed by the office making
1494	the appointment. The panel shall make recommendations to the
1495	Legislature, to the Department of Education, to charter schools,
1496	and to school districts for improving charter school operations
1497	and oversight and for ensuring best business practices at and
1498	fair business relationships with charter schools.
1499	(b)  The Legislature shall review the operation of charter
1500	schools during the 2005 Regular Session of the Legislature.
1501	(23)  ANALYSIS OF CHARTER SCHOOL PERFORMANCE.--Upon receipt
1502	of the annual report required by paragraph (9)(l), the
1503	Department of Education shall provide to the State Board of
1504	Education, the Commissioner of Education, the Governor, the
1505	President of the Senate, and the Speaker of the House of
1506	Representatives an analysis and comparison of the overall
1507	performance of charter school students, to include all students
1508	whose scores are counted as part of the statewide assessment
1509	program, versus comparable public school students in the
1510	district as determined by the statewide assessment program
1511	currently administered in the school district, and other
1512	assessments administered pursuant to s. 1008.22(3).
1513	(24)  FINANCIAL MANAGEMENT.--The Department of Education
1514	must develop a system that includes a comprehensive list of
1515	financial-management indicators to be used by sponsors for the
1516	early identification of charter schools at greatest risk for
1517	financial difficulty. The Department of Education must provide
1518	training and technical assistance to charter schools at greatest
1519	risk for financial difficulty. The Department of Education must
1520	report information on schools identified as at risk for
1521	financial difficulty in the past year and the actions that the
1522	department and local school district have taken to assist each
1523	school in the annual report required by paragraph (9)(m).
1524	(25)(24)  RULEMAKING.--The Department of Education, after
1525	consultation with school districts and charter school directors,
1526	shall recommend that the State Board of Education adopt rules to
1527	implement specific subsections of this section. Such rules shall
1528	require minimum paperwork and shall not limit charter school
1529	flexibility authorized by statute.
1530	Section 4.  This act shall take effect July 1, 2005, except
1531	that subparagraph 3. of paragraph (a) of subsection (5) of
1532	section 1002.33, Florida Statutes, as created by this act, shall
1533	take effect upon becoming a law.

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