Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1030
                        Barcode 153720
                            CHAMBER ACTION
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11  The Committee on Education Appropriations (Wise) recommended
12  the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 1002.335, Florida Statutes, is
19  created to read:
20         1002.335  Florida Schools of Excellence Commission.--
21         (1)  FINDINGS.--The Legislature finds that:
22         (a)  Charter schools are a critical component in the
23  state's efforts to provide efficient and high-quality schools
24  within the state's uniform system of public education.
25         (b)  Charter schools provide valuable educational
26  options and innovative learning opportunities while expanding
27  the capacity of the state's system of public education and
28  empowering parents with the ability to make choices that best
29  fit the individual needs of their children.
30         (c)  The growth of charter schools in the state has
31  contributed to enhanced student performance, greater
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Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1030 Barcode 153720 1 efficiency, and the improvement of all public schools. 2 (d) The greatest challenges to the continued 3 development and success of uniform, high-quality charter 4 schools are administrative issues, accountability issues, and 5 a lack of sufficient communication and support from sponsors. 6 (2) INTENT.--It is the intent of the Legislature that: 7 (a) There be established an independent, state-level 8 commission whose primary focus is the development and support 9 of charter schools in order to better meet the growing and 10 diverse needs of some of the increasing number and array of 11 charter schools in the state and to further ensure that 12 charter schools of the highest academic quality are approved 13 and supported throughout the state in an efficient manner. 14 (b) New sources of community support in the form of 15 municipalities with knowledge of the unique needs of a 16 particular community or state universities, community 17 colleges, or regional educational consortia with special 18 education expertise should be authorized to participate in 19 developing and supporting charter schools that maximize access 20 to a wide variety of high-quality educational options for all 21 students regardless of disability, race, or socioeconomic 22 status. 23 (3) FLORIDA SCHOOLS OF EXCELLENCE COMMISSION.-- 24 (a) The Florida Schools of Excellence Commission is 25 established as an independent, state-level charter school 26 authorizing entity working in collaboration with the 27 Department of Education and under the supervision of the State 28 Board of Education. Startup funds necessary to establish and 29 operate the commission may be received through private 30 contributions and federal and other institutional grants 31 through the Grants and Donations Trust Fund and the 2 3:25 PM 04/02/06 s1030c1d-ea05-e0x
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1030 Barcode 153720 1 Educational Aids Trust Fund housed within the department in 2 addition to funds provided in the General Appropriations Act. 3 The department shall assist in securing federal and other 4 institutional grant funds to establish the commission. 5 (b) The commission shall be appointed by the State 6 Board of Education and shall be composed of three appointees 7 recommended by the Governor, one of whom shall be the 8 Commissioner of Education or his or her designee, two 9 appointees recommended by the President of the Senate, and two 10 appointees recommended by the Speaker of the House of 11 Representatives. The Governor, the President of the Senate, 12 and the Speaker of the House of Representatives shall each 13 recommend a list of no fewer than two nominees for any 14 appointment to the commission. The appointments shall be made 15 as soon as feasible but no later than September 1, 2006. Each 16 member shall serve a term of 2 years; however, for the purpose 17 of providing staggered terms, of the initial appointments, 18 three members shall be appointed to 1-year terms and four 19 members shall be appointed to 2-year terms. Thereafter, each 20 appointee shall serve a 2-year term unless the State Board of 21 Education, after review, extends the appointment. If a vacancy 22 occurs on the commission, it shall be filled by the State 23 Board of Education from a recommendation by the appropriate 24 authority according to the procedure set forth in this 25 paragraph. The members of the commission shall annually vote 26 to appoint a chair and a vice chair. Each member of the 27 commission must hold a bachelor's degree or higher, and the 28 commission must include individuals who have experience in 29 finance, administration, law, education, and school 30 governance. 31 (c) The commission is encouraged to convene its first 3 3:25 PM 04/02/06 s1030c1d-ea05-e0x
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1030 Barcode 153720 1 meeting no later than October 1, 2006, and, thereafter, shall 2 meet each month at the call of the chair or upon the request 3 of four members of the commission. Four members of the 4 commission shall constitute a quorum. 5 (d) The commission shall appoint an executive director 6 who shall employ such staff as is necessary to perform the 7 administrative duties and responsibilities of the commission. 8 (e) The members of the commission shall not be 9 compensated for their services on the commission but may be 10 reimbursed for per diem and travel expenses pursuant to s. 11 112.061. 12 (4) POWERS AND DUTIES.-- 13 (a) The commission shall have the power to: 14 1. Authorize and act as a sponsor of charter schools, 15 including the approval or denial of charter school 16 applications pursuant to subsection (8) and the nonrenewal or 17 termination of charter schools pursuant to s. 1002.33(8). 18 2. Authorize only municipalities, state universities, 19 community colleges, and regional educational consortia to act 20 as cosponsors of charter schools, including the approval or 21 denial of cosponsor applications pursuant to State Board of 22 Education rule and subsection (5) and the revocation of 23 approval of cosponsors pursuant to State Board of Education 24 rule and subsection (7). 25 3. Approve or deny Florida Schools of Excellence (FSE) 26 charter school applications and renew or terminate charters of 27 FSE charter schools. 28 (b) The commission shall have the following duties: 29 1. Review charter school applications and assist in 30 the establishment of Florida Schools of Excellence (FSE) 31 charter schools throughout the state. An FSE charter school 4 3:25 PM 04/02/06 s1030c1d-ea05-e0x
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1030 Barcode 153720 1 shall exist as a public school within the state as a component 2 of the delivery of public education within Florida's K-20 3 education system. 4 2. Develop, promote, and disseminate best practices 5 for charter schools and charter school sponsors in order to 6 ensure that high-quality charter schools are developed and 7 incentivized. At a minimum, the best practices shall encourage 8 the development and replication of academically and 9 financially proven charter school programs. 10 3. Develop, promote, and require high standards of 11 accountability for any school that applies and is granted a 12 charter under this section. 13 4. Monitor and annually review and evaluate the 14 performance of the charter schools it sponsors and hold the 15 schools accountable for their performance. 16 5. Report the student enrollment in each of its 17 sponsored charter schools to the district school board of the 18 county in which the school is located. 19 6. Work with its cosponsors to monitor the financial 20 management of each FSE charter school. 21 7. Direct charter schools and persons seeking to 22 establish charter schools to sources of private funding and 23 support. 24 8. Actively seek, with the assistance of the 25 department, supplemental revenue from federal grant funds, 26 institutional grant funds, and philanthropic organizations. 27 The commission may, through the department's Grants and 28 Donations Trust Fund, receive and expend gifts, grants, and 29 donations of any kind from any public or private entity to 30 carry out the purposes of this section. 31 9. Review and recommend to the Legislature any 5 3:25 PM 04/02/06 s1030c1d-ea05-e0x
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1030 Barcode 153720 1 necessary revisions to statutory requirements regarding the 2 qualification and approval of municipalities, state 3 universities, community colleges, and regional educational 4 consortia as cosponsors for FSE charter schools. 5 10. Review and recommend to the Legislature any 6 necessary revisions to statutory requirements regarding the 7 standards for accountability and criteria for revocation of 8 approval of cosponsors of FSE charter schools. 9 11. Assist its cosponsors and FSE charter schools in 10 cooperating with district school boards to allow the charter 11 schools to utilize unused space within district public 12 schools. 13 12. Collaborate with municipalities, state 14 universities, community colleges, and regional educational 15 consortia as cosponsors for FSE charter schools for the 16 purpose of providing the highest level of public education to 17 low-income, low-performing, and underserved student 18 populations. Such collaborations shall: 19 a. Allow state universities and community colleges 20 that cosponsor FSE charter schools to enable students 21 attending a charter school to take college courses and receive 22 high school and college credit for such courses. 23 b. Be used to determine the feasibility of opening 24 charter schools for children with autism that work with and 25 utilize the specialized expertise of the Centers for Autism 26 and Related Disabilities established and operated pursuant to 27 s. 1004.55. 28 13. Support municipalities when the mayor or chief 29 executive, through resolution passed by the governing body of 30 the municipality, expresses an intent to cosponsor and 31 establish charter schools within the municipal boundaries. 6 3:25 PM 04/02/06 s1030c1d-ea05-e0x
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1030 Barcode 153720 1 14. Meet the needs of charter schools and school 2 districts by uniformly administering high-quality charter 3 schools, thereby removing administrative burdens from the 4 school districts. 5 15. Work with school districts to assist them in 6 effectively providing administrative services to their charter 7 schools. 8 16. Perform all of the duties of sponsors set forth in 9 s. 1002.33(5)(b) and (20). 10 (5) APPROVAL OF COSPONSORS.-- 11 (a) The commission shall begin accepting applications 12 by municipalities, state universities, community colleges, and 13 regional educational consortia no later than January 31, 2007. 14 The commission shall have 90 days from receipt of an 15 application under this paragraph to approve or deny the 16 application unless the 90-day period is waived by the 17 applicant. 18 (b) The commission shall limit the number of charter 19 schools that a cosponsor may approve pursuant to its review of 20 the cosponsor's application under paragraph (c). Upon 21 application by the cosponsor and review by the commission of 22 the performance of a cosponsor's current charter schools, the 23 commission may approve a cosponsor's application to raise the 24 limit previously set by the commission. 25 (c) Any entity set forth in paragraph (a) that is 26 interested in becoming a cosponsor pursuant to this section 27 shall prepare and submit an application to the commission that 28 provides evidence that the entity: 29 1. Has the necessary staff and infrastructure or has 30 established the necessary contractual or interagency 31 relationships to ensure its ability to handle all of the 7 3:25 PM 04/02/06 s1030c1d-ea05-e0x
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1030 Barcode 153720 1 administrative responsibilities required of a charter school 2 sponsor as set forth in s. 1002.33(20). 3 2. Has the necessary staff expertise and 4 infrastructure or has established the necessary contractual or 5 interagency relationships to ensure that it will approve and 6 is able to develop and maintain charter schools of the highest 7 academic quality. 8 3. Has and is committed to providing and pursuing the 9 necessary public and private financial resources and staff to 10 ensure that it can monitor and support charter schools that 11 are economically efficient and fiscally sound. 12 4. Is committed to providing equal access to all 13 students and to maintaining a diverse student population 14 within its charter schools. 15 5. Is committed to focusing on low-income, 16 low-performing, and underserved student populations. 17 6. Has articulated annual goals and expected outcomes 18 for its charter schools as well as the methods and plans by 19 which it will achieve those goals and outcomes. 20 7. Has policies in place to protect its cosponsoring 21 practices from conflicts of interest. 22 (d) The commission's decision to deny an application 23 or to revoke approval of a cosponsor pursuant to subsection 24 (7) is not subject to chapter 120 and may be appealed to the 25 State Board of Education pursuant to s. 1002.33(6). 26 (6) COSPONSOR AGREEMENT.-- 27 (a) Upon approval of a cosponsor, the commission and 28 the cosponsor shall enter into an agreement that defines the 29 cosponsor's rights and obligations and includes the following: 30 1. An explanation of the personnel, contractual and 31 interagency relationships, and potential revenue sources 8 3:25 PM 04/02/06 s1030c1d-ea05-e0x
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1030 Barcode 153720 1 referenced in the application as required in paragraph (5)(c). 2 2. Incorporation of the requirements of equal access 3 for all students, including any plans to provide 4 transportation reasonably necessary to provide access to as 5 many students as possible. 6 3. Incorporation of the requirement to focus on 7 low-income, low-performing, and underserved student 8 populations. 9 4. An explanation of the goals and expected outcomes 10 for the cosponsor's charter schools and the method and plans 11 by which they will be achieved as referenced in the 12 application. 13 5. The conflict-of-interest policies referenced in the 14 application. 15 6. An explanation of the disposition of facilities and 16 assets upon termination and dissolution of a charter school 17 approved by the cosponsor. 18 7. A provision requiring the cosponsor to annually 19 appear before the commission and provide a report as to the 20 information provided pursuant to s. 1002.33(9)(l) for each of 21 its charter schools. 22 8. A provision requiring that the cosponsor report the 23 student enrollment in each of its sponsored charter schools to 24 the district school board of the county in which the school is 25 located. 26 9. A provision requiring that the cosponsor work with 27 the commission to provide the necessary reports to the State 28 Board of Education. 29 10. Any other reasonable terms deemed appropriate by 30 the commission given the unique characteristics of the 31 cosponsor. 9 3:25 PM 04/02/06 s1030c1d-ea05-e0x
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1030 Barcode 153720 1 (b) No cosponsor may receive applications for charter 2 schools until a cosponsor agreement with the commission has 3 been approved and signed by the commission and the appropriate 4 individuals or governing bodies of the cosponsor. 5 (c) The cosponsor agreement shall be proposed and 6 negotiated pursuant to the timeframes set forth in s. 7 1002.33(6)(i). 8 (d) The cosponsor agreement shall be attached to and 9 shall govern all charter school contracts entered into by the 10 cosponsor. 11 (7) CAUSES FOR REVOCATION OF APPROVAL OF A 12 COSPONSOR.--If at any time the commission finds that a 13 cosponsor is not in compliance, or is no longer willing to 14 comply, with its contract with a charter school or with its 15 cosponsor agreement with the commission, the commission shall 16 provide notice and a hearing in accordance with State Board of 17 Education rule. If after a hearing the commission confirms its 18 initial finding, the commission shall revoke the cosponsor's 19 approval. The commission may assume sponsorship over any 20 charter school sponsored by the cosponsor at the time of 21 revocation. Thereafter, the commission may assume permanent 22 sponsorship over such school or may direct the school's 23 governing body to apply to another cosponsor or to the 24 appropriate district school board for sponsorship. 25 (8) CHARTER SCHOOL APPLICATION AND REVIEW.--Charter 26 school applications submitted to the commission or to a 27 cosponsor approved by the commission pursuant to subsection 28 (5) shall be subject to the same requirements set forth in s. 29 1002.33(6). The commission or cosponsor shall receive and 30 review all applications for FSE charter schools according to 31 the provisions of s. 1002.33(6)(b). All references to a 10 3:25 PM 04/02/06 s1030c1d-ea05-e0x
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1030 Barcode 153720 1 district school board in s. 1002.33(6)(b) shall refer to the 2 commission or its cosponsors that receive applications for 3 review. 4 (9) APPLICATIONS OF EXISTING CHARTER SCHOOLS.-- 5 (a) An application may be submitted pursuant to this 6 section by an existing charter school approved by a district 7 school board provided that the obligations of its charter 8 contract with the district school board will expire prior to 9 entering into a new charter contract with the commission or 10 one of its cosponsors. A district school board may agree to 11 rescind or waive the obligations of a current charter contract 12 to allow an application to be submitted by an existing charter 13 school pursuant to this section. A charter school that changes 14 sponsors pursuant to this subsection shall be allowed to 15 continue the use of all facilities, equipment, and other 16 assets it owned or leased prior to the expiration or 17 rescission of its contract with a district school board 18 sponsor. 19 (b) An application to the commission or one of its 20 cosponsors by a conversion charter school may only be 21 submitted upon consent of the district school board. In such 22 instance, the district school board may retain the facilities, 23 equipment, and other assets of the conversion charter school 24 for its own use or agree to reasonable terms for their 25 continued use by the conversion charter school. 26 (10) APPLICATION OF CHARTER SCHOOL STATUTE.--The 27 provisions of s. 1002.33(7)-(12), (14), and (16)-(19) shall 28 apply to the commission, cosponsors, and charter schools 29 approved pursuant to this section. 30 (11) ACCESS TO INFORMATION.--The commission shall 31 provide maximum access to information to all parents in the 11 3:25 PM 04/02/06 s1030c1d-ea05-e0x
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1030 Barcode 153720 1 state. It shall maintain information systems, including, but 2 not limited to, a user-friendly Internet website, that will 3 provide information and data necessary for parents to make 4 informed decisions. At a minimum, the commission must provide 5 parents with information on its accountability standards, 6 links to schools of excellence throughout the state, and 7 public education programs available in the state. 8 (12) ANNUAL REPORT.--Each year, the chair of the 9 commission shall appear before the State Board of Education 10 and submit a report regarding the academic performance and 11 fiscal responsibility of all charter schools and cosponsors 12 approved under this section. 13 (13) IMPLEMENTATION.--The State Board of Education 14 shall adopt rules pursuant to ss. 120.536(1) and 120.54 15 necessary to facilitate the implementation of this section. 16 Section 2. Paragraphs (d), (e), (f), (g), and (h) of 17 subsection (6) of section 1002.33, Florida Statutes, are 18 redesignated as paragraphs (e), (f), (g), (h), and (i), 19 respectively, a new paragraph (d) is added to that subsection, 20 paragraph (o) is added to subsection (9) of that section, and 21 paragraph (a) of subsection (17) and paragraph (f) of 22 subsection (18) of that section are amended, to read: 23 1002.33 Charter schools.-- 24 (6) APPLICATION PROCESS AND REVIEW.--Beginning 25 September 1, 2003, applications are subject to the following 26 requirements: 27 (d) The right to appeal an application denial under 28 paragraph (c) shall be contingent on the applicant having 29 submitted the same or a substantially similar application to 30 the Florida Schools of Excellence Commission or one of its 31 cosponsors. Any such applicant whose application is denied by 12 3:25 PM 04/02/06 s1030c1d-ea05-e0x
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1030 Barcode 153720 1 the commission or one of its cosponsors subsequent to its 2 denial by the district school board may exercise its right to 3 appeal the district school board's denial under paragraph (c) 4 within 30 days after receipt of the commission's or 5 cosponsor's denial or failure to act on the application. 6 However, the applicant forfeits its right to appeal under 7 paragraph (c) if it fails to submit its application to the 8 commission or one of its cosponsors by August 1 of the school 9 year immediately following the district school board's denial 10 of the application. 11 (9) CHARTER SCHOOL REQUIREMENTS.-- 12 (o) As a public school, a charter school shall meet 13 the class size requirements pursuant to s. 1003.03. 14 (17) FUNDING.--Students enrolled in a charter school, 15 regardless of the sponsorship, shall be funded as if they are 16 in a basic program or a special program, the same as students 17 enrolled in other public schools in the school district. 18 Funding for a charter lab school shall be as provided in s. 19 1002.32. 20 (a) Each charter school shall report its student 21 enrollment to the sponsor district school board as required in 22 s. 1011.62, and in accordance with the definitions in s. 23 1011.61. The sponsor district school board shall include each 24 charter school's enrollment in the district's report of 25 student enrollment. All charter schools submitting student 26 record information required by the Department of Education 27 shall comply with the Department of Education's guidelines for 28 electronic data formats for such data, and all districts shall 29 accept electronic data that complies with the Department of 30 Education's electronic format. 31 (18) FACILITIES.-- 13 3:25 PM 04/02/06 s1030c1d-ea05-e0x
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1030 Barcode 153720 1 (f) To the extent that charter school facilities are 2 specifically created to mitigate the educational impact 3 created by the development of new residential dwelling units, 4 pursuant to subparagraph (2)(c)4., some of or all of the 5 educational impact fees required to be paid in connection with 6 the new residential dwelling units may be designated instead 7 for the construction of the charter school facilities that 8 will mitigate the student station impact. Such facilities 9 shall be built to the State Requirements for Educational 10 Facilities and shall be owned by a public or nonprofit entity. 11 The sponsor local school district retains the right to monitor 12 and inspect such facilities to ensure compliance with the 13 State Requirements for Educational Facilities. If a facility 14 ceases to be used for public educational purposes, either the 15 facility shall revert to the sponsor school district subject 16 to any debt owed on the facility, or the owner of the facility 17 shall have the option to refund all educational impact fees 18 utilized for the facility to the sponsor school district. The 19 district and the owner of the facility may contractually agree 20 to another arrangement for the facilities if the facilities 21 cease to be used for educational purposes. The owner of 22 property planned or approved for new residential dwelling 23 units and the entity levying educational impact fees shall 24 enter into an agreement that designates the educational impact 25 fees that will be allocated for the charter school student 26 stations and that ensures the timely construction of the 27 charter school student stations concurrent with the expected 28 occupancy of the residential units. The application for use of 29 educational impact fees shall include an approved charter 30 school application. To assist the school district in 31 forecasting student station needs, the entity levying the 14 3:25 PM 04/02/06 s1030c1d-ea05-e0x
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1030 Barcode 153720 1 impact fees shall notify the affected district of any 2 agreements it has approved for the purpose of mitigating 3 student station impact from the new residential dwelling 4 units. 5 Section 3. 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 charter schools; 27 requiring collaboration with municipalities, 28 state universities, community colleges, and 29 regional educational consortia as cosponsors 30 for FSE charter schools; providing requirements 31 for approval of cosponsors by the commission; 15 3:25 PM 04/02/06 s1030c1d-ea05-e0x
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1030 Barcode 153720 1 providing components of required cosponsor 2 agreements; providing causes for revocation of 3 approval of a cosponsor; providing for FSE 4 charter school application and review 5 procedures; authorizing existing charter 6 schools to apply as FSE charter schools; 7 providing for application of specified 8 provisions of law; requiring access to 9 information by parents; requiring the 10 commission to submit an annual report; 11 requiring rulemaking; amending s. 1002.33, 12 F.S.; providing requirements with respect to 13 the right to appeal a charter school 14 application denial; requiring that a charter 15 school meet class size requirements; revising 16 provisions relating to reporting of charter 17 school student enrollment for purposes of 18 funding; revising requirements relating to 19 charter school facilities created to mitigate a 20 certain educational impact; providing an 21 effective date. 22 23 24 25 26 27 28 29 30 31 16 3:25 PM 04/02/06 s1030c1d-ea05-e0x