Florida Senate - 2006 SENATOR AMENDMENT
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CHAMBER ACTION
Senate House
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05/03/2006 02:33 PM .
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11 Senator Wise moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Section 1002.335, Florida Statutes, is
18 created to read:
19 1002.335 Florida Schools of Excellence Commission.--
20 (1) FINDINGS.--The Legislature finds that:
21 (a) Charter schools are a critical component in the
22 state's efforts to provide efficient and high-quality schools
23 within the state's uniform system of public education.
24 (b) Charter schools provide valuable educational
25 options and innovative learning opportunities while expanding
26 the capacity of the state's system of public education and
27 empowering parents with the ability to make choices that best
28 fit the individual needs of their children.
29 (c) The growth of charter schools in the state has
30 contributed to enhanced student performance, greater
31 efficiency, and the improvement of all public schools.
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1 (2) INTENT.--It is the intent of the Legislature that:
2 (a) There be established an independent, state-level
3 commission whose primary focus is the development and support
4 of charter schools in order to better meet the growing and
5 diverse needs of some of the increasing number and array of
6 charter schools in the state and to further ensure that
7 charter schools of the highest academic quality are approved
8 and supported throughout the state in an efficient manner.
9 (b) New sources of community support in the form of
10 municipalities with knowledge of the unique needs of a
11 particular community or state universities, community
12 colleges, or regional educational consortia with special
13 education expertise should be authorized to participate in
14 developing and supporting charter schools that maximize access
15 to a wide variety of high-quality educational options for all
16 students regardless of disability, race, or socioeconomic
17 status.
18 (3) FLORIDA SCHOOLS OF EXCELLENCE COMMISSION.--
19 (a) The Florida Schools of Excellence Commission is
20 established as an independent, state-level charter school
21 authorizing entity working in collaboration with the
22 Department of Education and under the supervision of the State
23 Board of Education. Startup funds necessary to establish and
24 operate the commission may be received through private
25 contributions and federal and other institutional grants
26 through the Grants and Donations Trust Fund and the
27 Educational Aids Trust Fund housed within the department in
28 addition to funds provided in the General Appropriations Act.
29 The department shall assist in securing federal and other
30 institutional grant funds to establish the commission.
31 (b) The commission shall be appointed by the State
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1 Board of Education and shall be composed of three appointees
2 recommended by the Governor, two appointees recommended by the
3 President of the Senate, and two appointees recommended by the
4 Speaker of the House of Representatives. The Governor, the
5 President of the Senate, and the Speaker of the House of
6 Representatives shall each recommend a list of no fewer than
7 two nominees for any appointment to the commission. The
8 appointments shall be made as soon as feasible but no later
9 than September 1, 2006. Each member shall serve a term of 2
10 years; however, for the purpose of providing staggered terms,
11 of the initial appointments, three members shall be appointed
12 to 1-year terms and four members shall be appointed to 2-year
13 terms. Thereafter, each appointee shall serve a 2-year term
14 unless the State Board of Education, after review, extends the
15 appointment. If a vacancy occurs on the commission, it shall
16 be filled by the State Board of Education from a
17 recommendation by the appropriate authority according to the
18 procedure set forth in this paragraph. The members of the
19 commission shall annually vote to appoint a chair and a vice
20 chair. Each member of the commission must hold a bachelor's
21 degree or higher, and the commission must include individuals
22 who have experience in finance, administration, law,
23 education, and school governance.
24 (c) The commission is encouraged to convene its first
25 meeting no later than October 1, 2006, and, thereafter, shall
26 meet each month at the call of the chair or upon the request
27 of four members of the commission. Four members of the
28 commission shall constitute a quorum.
29 (d) The commission shall appoint an executive director
30 who shall employ such staff as is necessary to perform the
31 administrative duties and responsibilities of the commission.
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1 (e) The members of the commission shall not be
2 compensated for their services on the commission but may be
3 reimbursed for per diem and travel expenses pursuant to s.
4 112.061.
5 (4) POWERS AND DUTIES.--
6 (a) The commission shall have the power to:
7 1. Authorize and act as a sponsor of charter schools,
8 including the approval or denial of charter school
9 applications pursuant to subsection (9) and the nonrenewal or
10 termination of charter schools pursuant to s. 1002.33(8).
11 2. Authorize municipalities, state universities,
12 community colleges, and regional educational consortia to act
13 as cosponsors of charter schools, including the approval or
14 denial of cosponsor applications pursuant to State Board of
15 Education rule and subsection (6) and the revocation of
16 approval of cosponsors pursuant to State Board of Education
17 rule and subsection (8).
18 3. Approve or deny Florida Schools of Excellence (FSE)
19 charter school applications and renew or terminate charters of
20 FSE charter schools.
21 4. Conduct facility and curriculum reviews of charter
22 schools approved by the commission or one of its cosponsors.
23 (b) The commission shall have the following duties:
24 1. Review charter school applications and assist in
25 the establishment of Florida Schools of Excellence (FSE)
26 charter schools throughout the state. An FSE charter school
27 shall exist as a public school within the state as a component
28 of the delivery of public education within Florida's K-20
29 education system.
30 2. Develop, promote, and disseminate best practices
31 for charter schools and charter school sponsors in order to
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1 ensure that high-quality charter schools are developed and
2 incentivized. At a minimum, the best practices shall encourage
3 the development and replication of academically and
4 financially proven charter school programs.
5 3. Develop, promote, and require high standards of
6 accountability for any school that applies for and is granted
7 a charter under this section.
8 4. Monitor and annually review the performance of
9 cosponsors approved pursuant to this section and hold the
10 cosponsors accountable for their performance pursuant to the
11 provisions of paragraph (6)(c). The commission shall annually
12 review and evaluate the performance of each cosponsor based
13 upon the financial and administrative support provided to the
14 cosponsor's charter schools and the quality of charter schools
15 approved by the cosponsor, including the academic performance
16 of the students that attend those schools.
17 5. Monitor and annually review and evaluate the
18 academic and financial performance of the charter schools it
19 sponsors and hold the schools accountable for their
20 performance pursuant to the provisions of chapter 1008.
21 6. Report the student enrollment in each of its
22 sponsored charter schools to the district school board of the
23 county in which the school is located.
24 7. Work with its cosponsors to monitor the financial
25 management of each FSE charter school.
26 8. Direct charter schools and persons seeking to
27 establish charter schools to sources of private funding and
28 support.
29 9. Actively seek, with the assistance of the
30 department, supplemental revenue from federal grant funds,
31 institutional grant funds, and philanthropic organizations.
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1 The commission may, through the department's Grants and
2 Donations Trust Fund, receive and expend gifts, grants, and
3 donations of any kind from any public or private entity to
4 carry out the purposes of this section.
5 10. Review and recommend to the Legislature any
6 necessary revisions to statutory requirements regarding the
7 qualification and approval of municipalities, state
8 universities, community colleges, and regional educational
9 consortia as cosponsors for FSE charter schools.
10 11. Review and recommend to the Legislature any
11 necessary revisions to statutory requirements regarding the
12 standards for accountability and criteria for revocation of
13 approval of cosponsors of FSE charter schools.
14 12. Act as liaison for cosponsors and FSE charter
15 schools in cooperating with district school boards that may
16 choose to allow charter schools to utilize excess space within
17 district public school facilities.
18 13. Collaborate with municipalities, state
19 universities, community colleges, and regional educational
20 consortia as cosponsors for FSE charter schools for the
21 purpose of providing the highest level of public education to
22 low-income, low-performing, gifted, or underserved student
23 populations. Such collaborations shall:
24 a. Allow state universities and community colleges
25 that cosponsor FSE charter schools to enable students
26 attending a charter school to take college courses and receive
27 high school and college credit for such courses.
28 b. Be used to determine the feasibility of opening
29 charter schools for students with disabilities, including, but
30 not limited to, charter schools for children with autism that
31 work with and utilize the specialized expertise of the Centers
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1 for Autism and Related Disabilities established and operated
2 pursuant to s. 1004.55.
3 14. Support municipalities when the mayor or chief
4 executive, through resolution passed by the governing body of
5 the municipality, expresses an intent to cosponsor and
6 establish charter schools within the municipal boundaries.
7 15. Meet the needs of charter schools and school
8 districts by uniformly administering high-quality charter
9 schools, thereby removing administrative burdens from the
10 school districts.
11 16. Assist FSE charter schools in negotiating and
12 contracting with district school boards that choose to provide
13 certain administrative or transportation services to the
14 charter schools on a contractual basis.
15 17. Provide training for members of FSE charter school
16 governing bodies within 90 days after approval of the charter
17 school. The training shall include, but not be limited to,
18 best practices on charter school governance, the
19 constitutional and statutory requirements relating to public
20 records and meetings, and the requirements of applicable
21 statutes and State Board of Education rules.
22 18. Perform all of the duties of sponsors set forth in
23 s. 1002.33(5)(b) and (20).
24 (5) CHARTERING AUTHORITY.--
25 (a) A charter school applicant may submit an
26 application to the commission only if the school district in
27 which the FSE charter school is to be located has not retained
28 exclusive authority to authorize charter schools as provided
29 in paragraph (e). If a district school board has not retained
30 exclusive authority to authorize charter schools as provided
31 in paragraph (e), the district school board and the commission
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1 shall have concurrent authority to authorize charter schools
2 and FSE charter schools, respectively, to be located within
3 the geographic boundaries of the school district. The district
4 school board shall monitor and oversee all charter schools
5 authorized by the district school board pursuant to s.
6 1002.33. The commission shall monitor and oversee all FSE
7 charter schools sponsored by the commission pursuant to
8 subsection (4).
9 (b) Paragraph (e) may not be construed to eliminate
10 the ability of a district school board to authorize charter
11 schools pursuant to s. 1002.33. A district school board shall
12 retain the authority to reauthorize and to oversee any charter
13 school that it has authorized, except with respect to any
14 charter school that is converted to an FSE charter school
15 under this section.
16 (c) For fiscal year 2007-2008 and for each fiscal year
17 thereafter, a district school board may seek to retain
18 exclusive authority to authorize charter schools within the
19 geographic boundaries of the school district by presenting to
20 the State Board of Education, on or before March 1 of the
21 fiscal year prior to that for which the exclusive authority is
22 to apply, a written resolution adopted by the district school
23 board indicating the intent to retain exclusive authority to
24 authorize charter schools. A district school board may seek to
25 retain the exclusive authority to authorize charter schools by
26 presenting to the state board the written resolution on or
27 before a date 60 days after establishment of the commission.
28 The written resolution shall be accompanied by a written
29 description addressing the elements described in paragraph
30 (e). The district school board shall provide a complete copy
31 of the resolution, including the description, to each charter
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1 school authorized by the district school board on or before
2 the date it submits the resolution to the state board.
3 (d) A party may challenge the grant of exclusive
4 authority made by the State Board of Education pursuant to
5 paragraph (e) by filing with the state board a notice of
6 challenge within 30 days after the state board grants
7 exclusive authority. The notice shall be accompanied by a
8 specific written description of the basis for the challenge.
9 The challenging party, at the time of filing notice with the
10 state board, shall provide a copy of the notice of challenge
11 to the district school board that has been granted exclusive
12 authority. The state board shall permit the district school
13 board the opportunity to appear and respond in writing to the
14 challenge. The state board shall make a determination upon the
15 challenge within 60 days after receiving the notice of
16 challenge.
17 (e) The State Board of Education shall grant to a
18 district school board exclusive authority to authorize charter
19 schools within the geographic boundaries of the school
20 district if the state board determines, after adequate notice,
21 in a public hearing, and after receiving input from any
22 charter school authorized by the district school board, that
23 the district school board has provided fair and equitable
24 treatment to its charter schools during the 4 years prior to
25 the district school board's submission of the resolution
26 described in paragraph (c). The state board's review of the
27 resolution shall, at a minimum, include consideration of the
28 following:
29 1. Compliance with the provisions of s. 1002.33.
30 2. Compliance with full and accurate accounting
31 practices and charges for central administrative overhead
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1 costs.
2 3. Compliance with requirements allowing a charter
3 school, at its discretion, to purchase certain services or a
4 combination of services at actual cost to the district.
5 4. The absence of a district school board moratorium
6 regarding charter schools or the absence of any districtwide
7 charter school enrollment limits.
8 5. Compliance with valid orders of the state board.
9 6. The provision of assistance to charter schools to
10 meet their facilities needs by including those needs in local
11 bond issues or otherwise providing available land and
12 facilities that are comparable to those provided to other
13 public school students in the same grade levels within the
14 school district.
15 7. The distribution to charter schools authorized by
16 the district school board of a pro rata share of federal and
17 state grants received by the district school board, except for
18 any grant received for a particular purpose which, by its
19 express terms, is intended to benefit a student population not
20 able to be served by, or a program not able to be offered at,
21 a charter school that did not receive a proportionate share of
22 such grant proceeds.
23 8. The provision of adequate staff and other resources
24 to serve charter schools authorized by the district school
25 board, which services are provided by the district school
26 board at a cost to the charter schools that does not exceed
27 their actual cost to the district school board.
28 9. The lack of a policy or practice of imposing
29 individual charter school enrollment limits, except as
30 otherwise provided by law.
31 10. The provision of an adequate number of educational
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1 choice programs to serve students exercising their rights to
2 transfer pursuant to the "No Child Left Behind Act of 2001,"
3 Pub. L. No. 107-110, and a history of charter school approval
4 that encourages chartering.
5 (f) The decision of the State Board of Education
6 pursuant to paragraph (e) shall not be subject to the
7 provisions of chapter 120 and shall be a final action subject
8 to judicial review by the district court of appeal.
9 (g) For district school boards that have no
10 discernable history of authorizing charter schools, the State
11 Board of Education may not grant exclusive authority unless
12 the district school board demonstrates that no approvable
13 application has come before the district school board.
14 (h) A grant of exclusive authority by the State Board
15 of Education shall continue so long as a district school board
16 continues to comply with this section and has presented a
17 written resolution to the state board as set forth in
18 paragraph (c).
19 (i) Notwithstanding any other provision of this
20 section to the contrary, a district school board may permit
21 the establishment of one or more FSE charter schools within
22 the geographic boundaries of the school district by adopting a
23 favorable resolution and submitting the resolution to the
24 State Board of Education. The resolution shall be effective
25 until it is rescinded by resolution of the district school
26 board.
27 (6) APPROVAL OF COSPONSORS.--
28 (a) The commission shall begin accepting applications
29 by municipalities, state universities, community colleges, and
30 regional educational consortia no later than January 31, 2007.
31 The commission shall review and evaluate all applications for
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1 compliance with the provisions of paragraph (c) and shall have
2 90 days after receipt of an application to approve or deny the
3 application unless the 90-day period is waived by the
4 applicant.
5 (b) The commission shall limit the number of charter
6 schools that a cosponsor may approve pursuant to its review of
7 the cosponsor's application under paragraph (c). Upon
8 application by the cosponsor and review by the commission of
9 the performance of a cosponsor's current charter schools, the
10 commission may approve a cosponsor's application to raise the
11 limit previously set by the commission.
12 (c) Any entity set forth in paragraph (a) that is
13 interested in becoming a cosponsor pursuant to this section
14 shall prepare and submit an application to the commission that
15 provides evidence that the entity:
16 1. Has the necessary staff and infrastructure or has
17 established the necessary contractual or interagency
18 relationships to ensure its ability to handle all of the
19 administrative responsibilities required of a charter school
20 sponsor as set forth in s. 1002.33(20).
21 2. Has the necessary staff expertise and
22 infrastructure or has established the necessary contractual or
23 interagency relationships to ensure that it will approve and
24 is able to develop and maintain charter schools of the highest
25 academic quality.
26 3. Is able to provide the necessary public and private
27 financial resources and staff to ensure that it can monitor
28 and support charter schools that are economically efficient
29 and fiscally sound.
30 4. Is committed to providing equal access to all
31 students and to maintaining a diverse student population
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1 within its charter schools, including compliance with all
2 applicable requirements of federal law.
3 5. Is committed to serving low-income, low-performing,
4 gifted, or underserved student populations.
5 6. Has articulated annual academic and financial goals
6 and expected outcomes for its charter schools as well as the
7 methods and plans by which it will measure and achieve those
8 goals and outcomes.
9 7. Has policies in place to protect its cosponsoring
10 practices from conflicts of interest.
11 (d) The commission's decision to deny an application
12 or to revoke approval of a cosponsor pursuant to subsection
13 (8) is not subject to chapter 120 and may be appealed to the
14 State Board of Education pursuant to s. 1002.33(6).
15 (7) COSPONSOR AGREEMENT.--
16 (a) Upon approval of a cosponsor, the commission and
17 the cosponsor shall enter into an agreement that defines the
18 cosponsor's rights and obligations and includes the following:
19 1. An explanation of the personnel, contractual and
20 interagency relationships, and potential revenue sources
21 referenced in the application as required in paragraph (6)(c).
22 2. Incorporation of the requirements of equal access
23 for all students, including any plans to provide food service
24 or transportation reasonably necessary to provide access to as
25 many students as possible.
26 3. Incorporation of the requirement to serve
27 low-income, low-performing, gifted, or underserved student
28 populations.
29 4. An explanation of the academic and financial goals
30 and expected outcomes for the cosponsor's charter schools and
31 the method and plans by which they will be measured and
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1 achieved as referenced in the application.
2 5. The conflict-of-interest policies referenced in the
3 application.
4 6. An explanation of the disposition of facilities and
5 assets upon termination and dissolution of a charter school
6 approved by the cosponsor.
7 7. A provision requiring the cosponsor to annually
8 appear before the commission and provide a report as to the
9 information provided pursuant to s. 1002.33(9)(l) for each of
10 its charter schools.
11 8. A provision requiring that the cosponsor report the
12 student enrollment in each of its sponsored charter schools to
13 the district school board of the county in which the school is
14 located.
15 9. A provision requiring that the cosponsor work with
16 the commission to provide the necessary reports to the State
17 Board of Education.
18 10. Any other reasonable terms deemed appropriate by
19 the commission given the unique characteristics of the
20 cosponsor.
21 (b) No cosponsor may receive applications for charter
22 schools until a cosponsor agreement with the commission has
23 been approved and signed by the commission and the appropriate
24 individuals or governing bodies of the cosponsor.
25 (c) The cosponsor agreement shall be proposed and
26 negotiated pursuant to the timeframes set forth in s.
27 1002.33(6)(i).
28 (d) The cosponsor agreement shall be attached to and
29 shall govern all charter school contracts entered into by the
30 cosponsor.
31 (8) CAUSES FOR REVOCATION OF APPROVAL OF A
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1 COSPONSOR.--If at any time the commission finds that a
2 cosponsor is not in compliance, or is no longer willing to
3 comply, with its contract with a charter school or with its
4 cosponsor agreement with the commission, the commission shall
5 provide notice and a hearing in accordance with State Board of
6 Education rule. If after a hearing the commission confirms its
7 initial finding, the commission shall revoke the cosponsor's
8 approval. The commission shall assume temporary sponsorship
9 over any charter school sponsored by the cosponsor at the time
10 of revocation. Thereafter, the commission may assume permanent
11 sponsorship over such school or allow the school's governing
12 body to apply to another sponsor or cosponsor.
13 (9) CHARTER SCHOOL APPLICATION AND REVIEW.--Charter
14 school applications submitted to the commission or to a
15 cosponsor approved by the commission pursuant to subsection
16 (6) shall be subject to the same requirements set forth in s.
17 1002.33(6). The commission or cosponsor shall receive and
18 review all applications for FSE charter schools according to
19 the provisions for review of charter school applications under
20 s. 1002.33(6)(b).
21 (10) APPLICATIONS OF EXISTING CHARTER SCHOOLS.--
22 (a) An application may be submitted pursuant to this
23 section by an existing charter school approved by a district
24 school board provided that the obligations of its charter
25 contract with the district school board will expire prior to
26 entering into a new charter contract with the commission or
27 one of its cosponsors. A district school board may agree to
28 rescind or waive the obligations of a current charter contract
29 to allow an application to be submitted by an existing charter
30 school pursuant to this section. A charter school that changes
31 sponsors pursuant to this subsection shall be allowed to
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1 continue the use of all facilities, equipment, and other
2 assets it owned or leased prior to the expiration or
3 rescission of its contract with a district school board
4 sponsor.
5 (b) An application to the commission or one of its
6 cosponsors by a conversion charter school may only be
7 submitted upon consent of the district school board. In such
8 instance, the district school board may retain the facilities,
9 equipment, and other assets of the conversion charter school
10 for its own use or agree to reasonable terms for their
11 continued use by the conversion charter school.
12 (11) APPLICATION OF CHARTER SCHOOL STATUTE.--
13 (a) The provisions of s. 1002.33(7)-(12), (14), and
14 (16)-(19) shall apply to the commission and the cosponsors and
15 charter schools approved pursuant to this section.
16 (b) The provisions of s. 1002.33(20) shall apply to
17 the commission and the cosponsors and charter schools approved
18 pursuant to this section with the exception that the
19 commission or a cosponsor of a charter school approved
20 pursuant to this section may retain no more than the actual
21 cost of its administrative overhead costs expended to sponsor
22 the charter school not to exceed 5 percent of the funding
23 provided to the charter school.
24 (12) ACCESS TO INFORMATION.--The commission shall
25 provide maximum access to information to all parents in the
26 state. It shall maintain information systems, including, but
27 not limited to, a user-friendly Internet website, that will
28 provide information and data necessary for parents to make
29 informed decisions. At a minimum, the commission must provide
30 parents with information on its accountability standards,
31 links to schools of excellence throughout the state, and
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1 public education programs available in the state.
2 (13) ANNUAL REPORT.--Each year, the chair of the
3 commission shall appear before the State Board of Education
4 and submit a report regarding the academic performance and
5 fiscal responsibility of all charter schools and cosponsors
6 approved under this section.
7 (14) IMPLEMENTATION.--The State Board of Education
8 shall adopt rules pursuant to ss. 120.536(1) and 120.54
9 necessary to facilitate the implementation of this section.
10 Section 2. Paragraphs (d) through (h) of subsection
11 (6) of section 1002.33, Florida Statutes, are redesignated as
12 paragraphs (e) through (i), respectively, a new paragraph (d)
13 is added to that subsection, and paragraph (b) of subsection
14 (5), paragraph (f) of subsection (8), and paragraph (a) of
15 subsection (17) of that section are amended, to read:
16 1002.33 Charter schools.--
17 (5) SPONSOR; DUTIES.--
18 (b) Sponsor duties.--
19 1.a. The sponsor shall monitor and review the charter
20 school in its progress toward the goals established in the
21 charter.
22 b.2. The sponsor shall monitor the revenues and
23 expenditures of the charter school.
24 c.3. The sponsor may approve a charter for a charter
25 school before the applicant has secured space, equipment, or
26 personnel, if the applicant indicates approval is necessary
27 for it to raise working capital.
28 d.4. The sponsor's policies shall not apply to a
29 charter school.
30 e.5. The sponsor shall ensure that the charter is
31 innovative and consistent with the state education goals
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1 established by s. 1000.03(5).
2 f.6. The sponsor shall ensure that the charter school
3 participates in the state's education accountability system.
4 If a charter school falls short of performance measures
5 included in the approved charter, the sponsor shall report
6 such shortcomings to the Department of Education.
7 g. The sponsor shall not be liable for civil damages
8 under state law for personal injury, property damage, or death
9 resulting from an act or omission of an officer, employee,
10 agent, or governing body of the charter school.
11 h. The sponsor shall not be liable for civil damages
12 under state law for any employment actions taken by an
13 officer, employee, agent, or governing body of the charter
14 school.
15 i. The sponsor's duties to monitor the charter school
16 shall not constitute the basis for a private cause of action.
17 2. Immunity for the sponsor of a charter school under
18 subparagraph 1. applies only with respect to acts or omissions
19 not under the sponsor's direct authority as described in this
20 section.
21 3. Nothing contained in this paragraph shall be
22 considered a waiver of sovereign immunity by a district school
23 board.
24 4. A community college may work with the school
25 district or school districts in its designated service area to
26 develop charter schools that offer secondary education. These
27 charter schools must include an option for students to receive
28 an associate degree upon high school graduation. District
29 school boards shall cooperate with and assist the community
30 college on the charter application. Community college
31 applications for charter schools are not subject to the time
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1 deadlines outlined in subsection (6) and may be approved by
2 the district school board at any time during the year.
3 Community colleges shall not report FTE for any students who
4 receive FTE funding through the Florida Education Finance
5 Program.
6 (6) APPLICATION PROCESS AND REVIEW.--Beginning
7 September 1, 2003, applications are subject to the following
8 requirements:
9 (d) For charter school applications in school
10 districts that have not been granted exclusive authority to
11 sponsor charter schools pursuant to s. 1002.335(5), the right
12 to appeal an application denial under paragraph (c) shall be
13 contingent on the applicant having submitted the same or a
14 substantially similar application to the Florida Schools of
15 Excellence Commission or one of its cosponsors. Any such
16 applicant whose application is denied by the commission or one
17 of its cosponsors subsequent to its denial by the district
18 school board may exercise its right to appeal the district
19 school board's denial under paragraph (c) within 30 days after
20 receipt of the commission's or cosponsor's denial or failure
21 to act on the application. However, the applicant forfeits its
22 right to appeal under paragraph (c) if it fails to submit its
23 application to the commission or one of its cosponsors by
24 August 1 of the school year immediately following the district
25 school board's denial of the application.
26 (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.--
27 (f) If a charter is not renewed or is terminated, the
28 charter school is responsible for all debts of the charter
29 school. The district may not assume the debt from any contract
30 for services made between the governing body of the school and
31 a third party, except for a debt that is previously detailed
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1 and agreed upon in writing by both the district and the
2 governing body of the school and that may not reasonably be
3 assumed to have been satisfied by the district.
4 (17) FUNDING.--Students enrolled in a charter school,
5 regardless of the sponsorship, shall be funded as if they are
6 in a basic program or a special program, the same as students
7 enrolled in other public schools in the school district.
8 Funding for a charter lab school shall be as provided in s.
9 1002.32.
10 (a) Each charter school shall report its student
11 enrollment to the sponsor district school board as required in
12 s. 1011.62, and in accordance with the definitions in s.
13 1011.61. The sponsor district school board shall include each
14 charter school's enrollment in the district's report of
15 student enrollment. All charter schools submitting student
16 record information required by the Department of Education
17 shall comply with the Department of Education's guidelines for
18 electronic data formats for such data, and all districts shall
19 accept electronic data that complies with the Department of
20 Education's electronic format.
21 Section 3. The following sums of money and full-time
22 equivalent positions are appropriated from general revenue to
23 the State Board of Education for the 2006-2007 fiscal year for
24 the purpose of administering this act:
25 (1) Three full-time equivalent positions and 165,000
26 in approved annual salary rate.
27 (2) The sum of $214,630 from recurring general revenue
28 funds for salaries and benefits.
29 (3) The sum of $199,238 from recurring general revenue
30 funds for expenses.
31 (4) The sum of $5,700 from nonrecurring general
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1 revenue funds for operating capital outlay.
2 (5) The sum of $1,179 from recurring general revenue
3 funds for transfer to the Department of Management Services
4 for the Human Resource Services Statewide Contract.
5 Section 4. This act shall take effect July 1, 2006.
6
7
8 ================ T I T L E A M E N D M E N T ===============
9 And the title is amended as follows:
10 Delete everything before the enacting clause
11
12 and insert:
13 A bill to be entitled
14 An act relating to charter schools; creating s.
15 1002.335, F.S.; providing findings and intent;
16 establishing the Florida Schools of Excellence
17 Commission as a charter school authorizing
18 entity; providing for startup funds; providing
19 for membership of the commission; providing
20 powers and duties of the commission, including
21 serving as a sponsor of charter schools,
22 approving certain entities to act as
23 cosponsors, approving or denying applications
24 for Florida Schools of Excellence (FSE) charter
25 schools, and developing standards for and
26 evaluating the performance of cosponsors and
27 charter schools; requiring collaboration with
28 municipalities, state universities, community
29 colleges, and regional educational consortia as
30 cosponsors for FSE charter schools; providing
31 chartering authority; prescribing procedures
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1 under which a district school board may become
2 the exclusive authority to authorize charter
3 schools within a school district; providing for
4 challenges to grants of exclusive authority;
5 prescribing conditions to be considered by the
6 State Board of Education in determining whether
7 to grant exclusive authority; providing
8 requirements for approval of cosponsors by the
9 commission; providing components of required
10 cosponsor agreements; providing causes for
11 revocation of approval of a cosponsor;
12 providing for FSE charter school application
13 and review procedures; authorizing existing
14 charter schools to apply as FSE charter
15 schools; providing for application of specified
16 provisions of law; requiring access to
17 information by parents; requiring the
18 commission to submit an annual report;
19 requiring rulemaking; amending s. 1002.33,
20 F.S.; providing that the sponsor of a charter
21 school shall not be liable for civil damages
22 for certain actions; providing that the duty to
23 monitor a charter school shall not be the basis
24 for a private cause of action; prescribing
25 limits on immunities of a charter school
26 sponsor; providing requirements with respect to
27 the right to appeal the denial of a charter
28 school application; expanding a school
29 district's immunity from assumption of
30 contractual debts; revising provisions relating
31 to reporting of charter school student
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1 enrollment for purposes of funding; providing
2 appropriations and authorizing positions;
3 providing an effective date.
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