Senate Bill sb1030c3

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006             CS for CS for CS for SB 1030

    By the Committees on Education; Education Appropriations;
    Judiciary; and Senator Wise




    581-2397-06

  1                      A bill to be entitled

  2         An act relating to charter schools; creating s.

  3         1002.335, F.S.; providing findings and intent;

  4         providing chartering authority; prescribing

  5         procedures under which a district school board

  6         may become the exclusive authority to authorize

  7         charter schools within a school district;

  8         providing for challenges to grants of exclusive

  9         authority; prescribing conditions to be

10         considered by the state board in determining

11         whether to grant exclusive authority;

12         establishing the Florida Schools of Excellence

13         Commission as a charter school authorizing

14         entity; providing for startup funds; providing

15         for membership of the commission; providing

16         powers and duties of the commission, including

17         serving as a sponsor of charter schools,

18         approving certain entities to act as

19         cosponsors, approving or denying applications

20         for Florida Schools of Excellence (FSE) charter

21         schools, and developing standards for and

22         evaluating the performance of charter schools;

23         requiring collaboration with municipalities,

24         state universities, community colleges, and

25         regional educational consortia as cosponsors

26         for FSE charter schools; providing requirements

27         for approval of cosponsors by the commission;

28         providing components of required cosponsor

29         agreements; providing causes for revocation of

30         approval of a cosponsor; providing for FSE

31         charter school application and review

                                  1

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






    Florida Senate - 2006             CS for CS for CS for SB 1030
    581-2397-06




 1         procedures; authorizing existing charter

 2         schools to apply as FSE charter schools;

 3         providing for application of specified

 4         provisions of law; requiring access to

 5         information by parents; requiring the

 6         commission to submit an annual report;

 7         requiring rulemaking; amending s. 1002.33,

 8         F.S.; providing that the sponsor of a charter

 9         school is not liable for civil damages for

10         certain actions; providing that the duty to

11         monitor a charter school shall not be the basis

12         for a private cause of action; prescribing

13         limits on immunities of a charter school

14         sponsor; providing that nothing related to a

15         sponsor's duties shall be considered a waiver

16         of sovereign immunity by a sponsor; providing

17         requirements with respect to the right to

18         appeal a charter school application denial;

19         expanding a school district's immunity from

20         assumption of contractual debts; requiring that

21         a charter school meet class size requirements;

22         revising provisions relating to reporting of

23         charter school student enrollment for purposes

24         of funding; revising requirements relating to

25         charter school facilities created to mitigate a

26         certain educational impact; providing an

27         effective date.

28  

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

30  

31  

                                  2

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






    Florida Senate - 2006             CS for CS for CS for SB 1030
    581-2397-06




 1         Section 1.  Section 1002.335, Florida Statutes, is

 2  created to read:

 3         1002.335  Florida Schools of Excellence Commission.--

 4         (1)  FINDINGS.--The Legislature finds that:

 5         (a)  Charter schools are a critical component in the

 6  state's efforts to provide efficient and high-quality schools

 7  within the state's uniform system of public education.

 8         (b)  Charter schools provide valuable educational

 9  options and innovative learning opportunities while expanding

10  the capacity of the state's system of public education and

11  empowering parents with the ability to make choices that best

12  fit the individual needs of their children.

13         (c)  The growth of charter schools in the state has

14  contributed to enhanced student performance, greater

15  efficiency, and the improvement of all public schools.

16         (d)  The greatest challenges to the continued

17  development and success of uniform, high-quality charter

18  schools are administrative issues, accountability issues, and

19  a lack of sufficient communication and support from sponsors.

20         (2)  INTENT.--It is the intent of the Legislature that:

21         (a)  There be established an independent, state-level

22  commission whose primary focus is the development and support

23  of charter schools in order to better meet the growing and

24  diverse needs of some of the increasing number and array of

25  charter schools in the state and to further ensure that

26  charter schools of the highest academic quality are approved

27  and supported throughout the state in an efficient manner.

28         (b)  New sources of community support in the form of

29  municipalities with knowledge of the unique needs of a

30  particular community or state universities, community

31  colleges, or regional educational consortia with special

                                  3

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






    Florida Senate - 2006             CS for CS for CS for SB 1030
    581-2397-06




 1  education expertise should be authorized to participate in

 2  developing and supporting charter schools that maximize access

 3  to a wide variety of high-quality educational options for all

 4  students regardless of disability, race, or socioeconomic

 5  status.

 6         (3)  CHARTERING AUTHORITY.--

 7         (a)  A charter school applicant may submit an

 8  application to the Florida Schools of Excellence Commission

 9  only if the school district in which the FSE charter school is

10  to be located has not retained exclusive authority to

11  authorize charter schools as provided in paragraph (e). If a

12  school district has not retained exclusive authority to

13  authorize charter schools as provided in paragraph (e), the

14  school district and the Florida Schools of Excellence

15  Commission shall have concurrent authority to authorize

16  charter schools and FSE charter schools, respectively, to be

17  located within the geographic boundaries of the school

18  district. The school district shall monitor and oversee all

19  charter schools authorized by the school district as provided

20  by general law. The Florida Schools of Excellence Commission

21  shall monitor and oversee all FSE charter schools authorized

22  by the commission as provided in paragraph (e).

23         (b)  Paragraph (e) may not be construed to eliminate

24  the ability of a school district to authorize charter schools

25  pursuant to current statute. A school district shall retain

26  the authority to reauthorize and to oversee any charter school

27  that it has authorized, except with respect to any charter

28  school that is converted to an FSE charter school under this

29  section.

30         (c)  For fiscal year 2007-2008 and for each fiscal year

31  thereafter, a district school board may seek to retain

                                  4

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






    Florida Senate - 2006             CS for CS for CS for SB 1030
    581-2397-06




 1  exclusive authority to authorize charter schools within the

 2  geographic boundaries of the school district by presenting to

 3  the state board, on or before March 1 of the fiscal year prior

 4  to that for which the exclusive authority is to apply, a

 5  written resolution adopted by the district school board

 6  indicating the intent to retain exclusive authority to

 7  authorize charter schools. A district school board may seek to

 8  retain the exclusive authority to authorize charters by

 9  presenting to the state board the written resolution on or

10  before a date 60 days after establishment of the Florida

11  Schools of Excellence Commission. The written resolution shall

12  be accompanied by a written description of those elements

13  described in paragraph (e) which the school district shall

14  demonstrate. The district school board shall provide a

15  complete copy of the resolution, including the description, to

16  each charter school authorized by the district school board on

17  or before the date it submits the resolution to the state

18  board.

19         (d)  A party may challenge the grant of exclusive

20  authority made by the state board pursuant to paragraph (e) by

21  filing with the state board a notice of challenge within 30

22  days after the state board grants exclusive authority. The

23  notice shall be accompanied by a specific written description

24  of the basis for the challenge. The challenging party, at the

25  time of filing notice with the state board, shall provide a

26  copy of the notice of challenge to the school district that

27  has been granted exclusive authority. The state board shall

28  permit the school district the opportunity to appear and

29  respond in writing to the challenge. The state board shall

30  make a determination upon the challenge within 60 days after

31  receiving the notice of challenge.

                                  5

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






    Florida Senate - 2006             CS for CS for CS for SB 1030
    581-2397-06




 1         (e)  The state board shall grant to a district school

 2  board exclusive authority to authorize charter schools within

 3  the geographic boundaries of the school district if the state

 4  board determines, after adequate notice and in a public

 5  hearing and after receiving input from any charter school

 6  authorized by the district school board, that the district

 7  school board has provided fair and equitable treatment to its

 8  charter schools during the 4 years prior to the district

 9  school board's submission of the resolution described in

10  paragraph (c), through the district board's demonstration of:

11         1.  Full compliance with the provisions of current

12  charter statute, which includes, at a minimum:

13         a.  Compliance with full and accurate accounting

14  practices and charges for central administrative overhead

15  costs;

16         b.  Compliance with requirements allowing a charter

17  school to purchase, at its discretion, certain services or a

18  combination of services at actual cost to the district;

19         c.  The absence of a school district moratorium

20  regarding charter schools or the absence of any district-wide

21  charter school enrollment limits; and

22         d.  Compliance with valid orders of the state board;

23  and

24         2.  Any combination of the following:

25         a.  The provision of assistance to charter schools to

26  meet their facilities needs by including those needs in local

27  bond issues or otherwise providing available land and

28  facilities that are comparable to those provided to other

29  public school students in the same grade levels within the

30  school district;

31  

                                  6

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






    Florida Senate - 2006             CS for CS for CS for SB 1030
    581-2397-06




 1         b.  The distribution to charter schools authorized by

 2  the district board of a pro rata share of federal and state

 3  grants received by the school district, except for any grant

 4  received for a particular purpose which by its express terms

 5  is intended to benefit a student population not able to be

 6  served by, or a program not able to be offered at, a charter

 7  school that did not receive a proportionate share of such

 8  grant proceeds;

 9         c.  The provision of adequate staff and other resources

10  to serve charter schools authorized by the district board,

11  which services are provided by the school district at a cost

12  to the charter schools which does not exceed their actual cost

13  to the school district;

14         d.  The lack of a policy or practice of imposing

15  individual charter school enrollment limits, except as

16  otherwise provided in statute; or

17         e.  The provision of an adequate number of educational

18  choice programs to serve students exercising their rights to

19  transfer pursuant to the "No Child Left Behind Act of 2001,"

20  Pub. L. No. 107-110, and a history of charter school approval

21  that encourages chartering.

22         (f)  For school districts that have no discernable

23  history of authorizing charter schools, the state board may

24  not grant exclusive authority unless the school district

25  demonstrates that no approvable application has come before

26  the district.

27         (g)  A grant of exclusive authority by the state board

28  shall continue so long as a school district continues to

29  comply with this section and has presented a written

30  resolution to the state board as set forth in paragraph (c).

31  

                                  7

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






    Florida Senate - 2006             CS for CS for CS for SB 1030
    581-2397-06




 1         (h)  Notwithstanding any other provision of this

 2  section to the contrary, a district school board may permit

 3  the establishment of one or more FSE charter schools within

 4  the geographic boundaries of the school district by adopting a

 5  favorable resolution and submitting the resolution to the

 6  state board. The resolution shall be effective until it is

 7  rescinded by resolution of the district school board.

 8         (4)  FLORIDA SCHOOLS OF EXCELLENCE COMMISSION.--

 9         (a)  The Florida Schools of Excellence Commission is

10  established as an independent, state-level charter school

11  authorizing entity working in collaboration with the

12  Department of Education and under the supervision of the State

13  Board of Education. Startup funds necessary to establish and

14  operate the commission may be received through private

15  contributions and federal and other institutional grants

16  through the Grants and Donations Trust Fund and the

17  Educational Aids Trust Fund housed within the department in

18  addition to funds provided in the General Appropriations Act.

19  The department shall assist in securing federal and other

20  institutional grant funds to establish the commission.

21         (b)  The commission shall be appointed by the State

22  Board of Education and shall be composed of three appointees

23  recommended by the Governor, one of whom shall be the

24  Commissioner of Education or his or her designee, two

25  appointees recommended by the President of the Senate, and two

26  appointees recommended by the Speaker of the House of

27  Representatives. The Governor, the President of the Senate,

28  and the Speaker of the House of Representatives shall each

29  recommend a list of no fewer than two nominees for any

30  appointment to the commission. The appointments shall be made

31  as soon as feasible but no later than September 1, 2006. Each

                                  8

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






    Florida Senate - 2006             CS for CS for CS for SB 1030
    581-2397-06




 1  member shall serve a term of 2 years; however, for the purpose

 2  of providing staggered terms, of the initial appointments,

 3  three members shall be appointed to 1-year terms and four

 4  members shall be appointed to 2-year terms. Thereafter, each

 5  appointee shall serve a 2-year term unless the State Board of

 6  Education, after review, extends the appointment. If a vacancy

 7  occurs on the commission, it shall be filled by the State

 8  Board of Education from a recommendation by the appropriate

 9  authority according to the procedure set forth in this

10  paragraph. The members of the commission shall annually vote

11  to appoint a chair and a vice chair. Each member of the

12  commission must hold a bachelor's degree or higher, and the

13  commission must include individuals who have experience in

14  finance, administration, law, education, and school

15  governance.

16         (c)  The commission is encouraged to convene its first

17  meeting no later than October 1, 2006, and, thereafter, shall

18  meet each month at the call of the chair or upon the request

19  of four members of the commission. Four members of the

20  commission shall constitute a quorum.

21         (d)  The commission shall appoint an executive director

22  who shall employ such staff as is necessary to perform the

23  administrative duties and responsibilities of the commission.

24         (e)  The members of the commission shall not be

25  compensated for their services on the commission but may be

26  reimbursed for per diem and travel expenses pursuant to s.

27  112.061.

28         (5)  POWERS AND DUTIES.--

29         (a)  The commission shall have the power to:

30         1.  Authorize and act as a sponsor of charter schools,

31  including the approval or denial of charter school

                                  9

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






    Florida Senate - 2006             CS for CS for CS for SB 1030
    581-2397-06




 1  applications pursuant to subsection (9) and the nonrenewal or

 2  termination of charter schools pursuant to s. 1002.33(8).

 3         2.  Authorize only municipalities, state universities,

 4  community colleges, and regional educational consortia to act

 5  as cosponsors of charter schools, including the approval or

 6  denial of cosponsor applications pursuant to State Board of

 7  Education rule and subsection (6) and the revocation of

 8  approval of cosponsors pursuant to State Board of Education

 9  rule and subsection (8).

10         3.  Approve or deny Florida Schools of Excellence (FSE)

11  charter school applications and renew or terminate charters of

12  FSE charter schools.

13         (b)  The commission shall have the following duties:

14         1.  Review charter school applications and assist in

15  the establishment of Florida Schools of Excellence (FSE)

16  charter schools throughout the state. An FSE charter school

17  shall exist as a public school within the state as a component

18  of the delivery of public education within Florida's K-20

19  education system.

20         2.  Develop, promote, and disseminate best practices

21  for charter schools and charter school sponsors in order to

22  ensure that high-quality charter schools are developed. At a

23  minimum, the best practices shall encourage the development

24  and replication of academically and financially proven charter

25  school programs.

26         3.  Develop, promote, and require high standards of

27  accountability for any school that applies and is granted a

28  charter under this section.

29         4.  Monitor and annually review and evaluate the

30  performance of the charter schools it sponsors and hold the

31  schools accountable for their performance.

                                  10

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






    Florida Senate - 2006             CS for CS for CS for SB 1030
    581-2397-06




 1         5.  Report the student enrollment in each of its

 2  sponsored charter schools to the district school board of the

 3  county in which the school is located.

 4         6.  Work with its cosponsors to monitor the financial

 5  management of each FSE charter school.

 6         7.  Direct charter schools and persons seeking to

 7  establish charter schools to sources of private funding and

 8  support.

 9         8.  Actively seek, with the assistance of the

10  department, supplemental revenue from federal grant funds,

11  institutional grant funds, and philanthropic organizations.

12  The commission may, through the department's Grants and

13  Donations Trust Fund, receive and expend gifts, grants, and

14  donations of any kind from any public or private entity to

15  carry out the purposes of this section.

16         9.  Review and recommend to the Legislature any

17  necessary revisions to statutory requirements regarding the

18  qualification and approval of municipalities, state

19  universities, community colleges, and regional educational

20  consortia as cosponsors for FSE charter schools.

21         10.  Review and recommend to the Legislature any

22  necessary revisions to statutory requirements regarding the

23  standards for accountability and criteria for revocation of

24  approval of cosponsors of FSE charter schools.

25         11.  Assist its cosponsors and FSE charter schools in

26  cooperating with district school boards to allow the charter

27  schools to utilize unused space within district public

28  schools.

29         12.  Collaborate with municipalities, state

30  universities, community colleges, and regional educational

31  consortia as cosponsors for FSE charter schools for the

                                  11

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






    Florida Senate - 2006             CS for CS for CS for SB 1030
    581-2397-06




 1  purpose of providing the highest level of public education to

 2  low-income, low-performing, and underserved student

 3  populations. Such collaborations shall:

 4         a.  Allow state universities and community colleges

 5  that cosponsor FSE charter schools to enable students

 6  attending a charter school to take college courses and receive

 7  high school and college credit for such courses.

 8         b.  Be used to determine the feasibility of opening

 9  charter schools for children with autism that work with and

10  utilize the specialized expertise of the Centers for Autism

11  and Related Disabilities established and operated pursuant to

12  s. 1004.55.

13         13.  Support municipalities when the mayor or chief

14  executive, through resolution passed by the governing body of

15  the municipality, expresses an intent to cosponsor and

16  establish charter schools within the municipal boundaries.

17         14.  Meet the needs of charter schools and school

18  districts by uniformly administering high-quality charter

19  schools, thereby removing administrative burdens from the

20  school districts.

21         15.  Work with school districts to assist them in

22  effectively providing administrative services to their charter

23  schools.

24         16.  Perform all of the duties of sponsors set forth in

25  s. 1002.33(5)(b) and (20).

26         (6)  APPROVAL OF COSPONSORS.--

27         (a)  The commission shall begin accepting applications

28  by municipalities, state universities, community colleges, and

29  regional educational consortia no later than January 31, 2007.

30  The commission shall have 90 days from receipt of an

31  application under this paragraph to approve or deny the

                                  12

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






    Florida Senate - 2006             CS for CS for CS for SB 1030
    581-2397-06




 1  application unless the 90-day period is waived by the

 2  applicant.

 3         (b)  The commission shall limit the number of charter

 4  schools that a cosponsor may approve pursuant to its review of

 5  the cosponsor's application under paragraph (c). Upon

 6  application by the cosponsor and review by the commission of

 7  the performance of a cosponsor's current charter schools, the

 8  commission may approve a cosponsor's application to raise the

 9  limit previously set by the commission.

10         (c)  Any entity set forth in paragraph (a) that is

11  interested in becoming a cosponsor pursuant to this section

12  shall prepare and submit an application to the commission that

13  provides evidence that the entity:

14         1.  Has the necessary staff and infrastructure or has

15  established the necessary contractual or interagency

16  relationships to ensure its ability to handle all of the

17  administrative responsibilities required of a charter school

18  sponsor as set forth in s. 1002.33(20).

19         2.  Has the necessary staff expertise and

20  infrastructure or has established the necessary contractual or

21  interagency relationships to ensure that it will approve and

22  is able to develop and maintain charter schools of the highest

23  academic quality.

24         3.  Has and is committed to providing and pursuing the

25  necessary public and private financial resources and staff to

26  ensure that it can monitor and support charter schools that

27  are economically efficient and fiscally sound.

28         4.  Is committed to providing equal access to all

29  students and to maintaining a diverse student population

30  within its charter schools.

31  

                                  13

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






    Florida Senate - 2006             CS for CS for CS for SB 1030
    581-2397-06




 1         5.  Is committed to focusing on low-income,

 2  low-performing, and underserved student populations.

 3         6.  Has articulated annual goals and expected outcomes

 4  for its charter schools as well as the methods and plans by

 5  which it will achieve those goals and outcomes.

 6         7.  Has policies in place to protect its cosponsoring

 7  practices from conflicts of interest.

 8         (d)  The commission's decision to deny an application

 9  or to revoke approval of a cosponsor pursuant to subsection

10  (8) is not subject to chapter 120 and may be appealed to the

11  State Board of Education pursuant to s. 1002.33(6).

12         (7)  COSPONSOR AGREEMENT.--

13         (a)  Upon approval of a cosponsor, the commission and

14  the cosponsor shall enter into an agreement that defines the

15  cosponsor's rights and obligations and includes the following:

16         1.  An explanation of the personnel, contractual and

17  interagency relationships, and potential revenue sources

18  referenced in the application as required in paragraph (6)(c).

19         2.  Incorporation of the requirements of equal access

20  for all students, including any plans to provide

21  transportation reasonably necessary to provide access to as

22  many students as possible.

23         3.  Incorporation of the requirement to focus on

24  low-income, low-performing, and underserved student

25  populations.

26         4.  An explanation of the goals and expected outcomes

27  for the cosponsor's charter schools and the method and plans

28  by which they will be achieved as referenced in the

29  application.

30         5.  The conflict-of-interest policies referenced in the

31  application.

                                  14

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






    Florida Senate - 2006             CS for CS for CS for SB 1030
    581-2397-06




 1         6.  An explanation of the disposition of facilities and

 2  assets upon termination and dissolution of a charter school

 3  approved by the cosponsor.

 4         7.  A provision requiring the cosponsor to annually

 5  appear before the commission and provide a report as to the

 6  information provided pursuant to s. 1002.33(9)(l) for each of

 7  its charter schools.

 8         8.  A provision requiring that the cosponsor report the

 9  student enrollment in each of its sponsored charter schools to

10  the district school board of the county in which the school is

11  located.

12         9.  A provision requiring that the cosponsor work with

13  the commission to provide the necessary reports to the State

14  Board of Education.

15         10.  Any other reasonable terms deemed appropriate by

16  the commission given the unique characteristics of the

17  cosponsor.

18         (b)  No cosponsor may receive applications for charter

19  schools until a cosponsor agreement with the commission has

20  been approved and signed by the commission and the appropriate

21  individuals or governing bodies of the cosponsor.

22         (c)  The cosponsor agreement shall be proposed and

23  negotiated pursuant to the timeframes set forth in s.

24  1002.33(6)(i).

25         (d)  The cosponsor agreement shall be attached to and

26  shall govern all charter school contracts entered into by the

27  cosponsor.

28         (8)  CAUSES FOR REVOCATION OF APPROVAL OF A

29  COSPONSOR.--If at any time the commission finds that a

30  cosponsor is not in compliance, or is no longer willing to

31  comply, with its contract with a charter school or with its

                                  15

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






    Florida Senate - 2006             CS for CS for CS for SB 1030
    581-2397-06




 1  cosponsor agreement with the commission, the commission shall

 2  provide notice and a hearing in accordance with State Board of

 3  Education rule. If after a hearing the commission confirms its

 4  initial finding, the commission shall revoke the cosponsor's

 5  approval. The commission may assume sponsorship over any

 6  charter school sponsored by the cosponsor at the time of

 7  revocation. Thereafter, the commission may assume permanent

 8  sponsorship over such school or may direct the school's

 9  governing body to apply to another cosponsor or to the

10  appropriate district school board for sponsorship.

11         (9)  CHARTER SCHOOL APPLICATION AND REVIEW.--Charter

12  school applications submitted to the commission or to a

13  cosponsor approved by the commission pursuant to subsection

14  (6) shall be subject to the same requirements set forth in s.

15  1002.33(6). The commission or cosponsor shall receive and

16  review all applications for FSE charter schools according to

17  the provisions of s. 1002.33(6)(b). All references to a

18  district school board in s. 1002.33(6)(b) shall refer to the

19  commission or its cosponsors that receive applications for

20  review.

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

                                  16

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






    Florida Senate - 2006             CS for CS for CS for SB 1030
    581-2397-06




 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.--The

13  provisions of s. 1002.33(7)-(12), (14), and (16)-(19) shall

14  apply to the commission, cosponsors, and charter schools

15  approved pursuant to this section.

16         (12)  ACCESS TO INFORMATION.--The commission shall

17  provide maximum access to information to all parents in the

18  state. It shall maintain information systems, including, but

19  not limited to, a user-friendly Internet website, that will

20  provide information and data necessary for parents to make

21  informed decisions. At a minimum, the commission must provide

22  parents with information on its accountability standards,

23  links to schools of excellence throughout the state, and

24  public education programs available in the state.

25         (13)  ANNUAL REPORT.--Each year, the chair of the

26  commission shall appear before the State Board of Education

27  and submit a report regarding the academic performance and

28  fiscal responsibility of all charter schools and cosponsors

29  approved under this section.

30  

31  

                                  17

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






    Florida Senate - 2006             CS for CS for CS for SB 1030
    581-2397-06




 1         (14)  IMPLEMENTATION.--The State Board of Education

 2  shall adopt rules pursuant to ss. 120.536(1) and 120.54

 3  necessary to facilitate the implementation of this section.

 4         Section 2.  Paragraph (b) of subsection (5) and

 5  paragraph (f) of subsection (8) of section 1002.33, Florida

 6  Statutes, are amended, paragraphs (d), (e), (f), (g), and (h)

 7  of subsection (6) of that section are redesignated as

 8  paragraphs (e), (f), (g), (h), and (i), respectively, a new

 9  paragraph (d) is added to that subsection, paragraph (o) is

10  added to subsection (9) of that section, and paragraph (a) of

11  subsection (17) and paragraph (f) of subsection (18) of that

12  section are amended, to read:

13         1002.33  Charter schools.--

14         (5)  SPONSOR; DUTIES.--

15         (b)  Sponsor duties.--

16         1.a.  The sponsor shall monitor and review the charter

17  school in its progress toward the goals established in the

18  charter.

19         b.2.  The sponsor shall monitor the revenues and

20  expenditures of the charter school.

21         c.3.  The sponsor may approve a charter for a charter

22  school before the applicant has secured space, equipment, or

23  personnel, if the applicant indicates approval is necessary

24  for it to raise working capital.

25         d.4.  The sponsor's policies shall not apply to a

26  charter school.

27         e.5.  The sponsor shall ensure that the charter is

28  innovative and consistent with the state education goals

29  established by s. 1000.03(5).

30         f.6.  The sponsor shall ensure that the charter school

31  participates in the state's education accountability system.

                                  18

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






    Florida Senate - 2006             CS for CS for CS for SB 1030
    581-2397-06




 1  If a charter school falls short of performance measures

 2  included in the approved charter, the sponsor shall report

 3  such shortcomings to the Department of Education.

 4         g.  The sponsor shall not be liable for civil damages

 5  under state law for personal injury, property damage, or death

 6  resulting from an act or omission of an officer, employee,

 7  agent, or governing body of the charter school.

 8         h.  The sponsor shall not be liable for civil damages

 9  under state law for any employment actions taken by an

10  officer, employee, agent, or governing body of the charter

11  school.

12         i.  The sponsor's duties to monitor the charter school

13  shall not constitute the basis for a private cause of action.

14         2.  Immunity for the sponsor of a charter school under

15  this paragraph applies only with respect to acts or omissions

16  that are not under the sponsor's direct authority as described

17  in this section.

18         3.  Nothing contained in this paragraph shall be

19  considered a waiver of sovereign immunity by a sponsor.

20  

21  A community college may work with the school district or

22  school districts in its designated service area to develop

23  charter schools that offer secondary education. These charter

24  schools must include an option for students to receive an

25  associate degree upon high school graduation. District school

26  boards shall cooperate with and assist the community college

27  on the charter application. Community college applications for

28  charter schools are not subject to the time deadlines outlined

29  in subsection (6) and may be approved by the district school

30  board at any time during the year. Community colleges shall

31  

                                  19

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






    Florida Senate - 2006             CS for CS for CS for SB 1030
    581-2397-06




 1  not report FTE for any students who receive FTE funding

 2  through the Florida Education Finance Program.

 3         (6)  APPLICATION PROCESS AND REVIEW.--Beginning

 4  September 1, 2003, applications are subject to the following

 5  requirements:

 6         (d)  The right to appeal an application denial under

 7  paragraph (c) shall be contingent on the applicant having

 8  submitted the same or a substantially similar application to

 9  the Florida Schools of Excellence Commission or one of its

10  cosponsors. Any such applicant whose application is denied by

11  the commission or one of its cosponsors subsequent to its

12  denial by the district school board may exercise its right to

13  appeal the district school board's denial under paragraph (c)

14  within 30 days after receipt of the commission's or

15  cosponsor's denial or failure to act on the application.

16  However, the applicant forfeits its right to appeal under

17  paragraph (c) if it fails to submit its application to the

18  commission or one of its cosponsors by August 1 of the school

19  year immediately following the district school board's denial

20  of the application.

21         (8)  CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.--

22         (f)  If a charter is not renewed or is terminated, the

23  charter school is responsible for all debts of the charter

24  school. The district may not assume the debt from any contract

25  for services made between the governing body of the school and

26  a third party, except for a debt that is previously detailed

27  and agreed upon in writing by both the district and the

28  governing body of the school and that may not reasonably be

29  assumed to have been satisfied by the district.

30         (9)  CHARTER SCHOOL REQUIREMENTS.--

31  

                                  20

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






    Florida Senate - 2006             CS for CS for CS for SB 1030
    581-2397-06




 1         (o)  As a public school, a charter school shall meet

 2  the class size requirements pursuant to s. 1003.03.

 3         (17)  FUNDING.--Students enrolled in a charter school,

 4  regardless of the sponsorship, shall be funded as if they are

 5  in a basic program or a special program, the same as students

 6  enrolled in other public schools in the school district.

 7  Funding for a charter lab school shall be as provided in s.

 8  1002.32.

 9         (a)  Each charter school shall report its student

10  enrollment to the sponsor district school board as required in

11  s. 1011.62, and in accordance with the definitions in s.

12  1011.61. The sponsor district school board shall include each

13  charter school's enrollment in the district's report of

14  student enrollment. All charter schools submitting student

15  record information required by the Department of Education

16  shall comply with the Department of Education's guidelines for

17  electronic data formats for such data, and all districts shall

18  accept electronic data that complies with the Department of

19  Education's electronic format.

20         (18)  FACILITIES.--

21         (f)  To the extent that charter school facilities are

22  specifically created to mitigate the educational impact

23  created by the development of new residential dwelling units,

24  pursuant to subparagraph (2)(c)4., some of or all of the

25  educational impact fees required to be paid in connection with

26  the new residential dwelling units may be designated instead

27  for the construction of the charter school facilities that

28  will mitigate the student station impact. Such facilities

29  shall be built to the State Requirements for Educational

30  Facilities and shall be owned by a public or nonprofit entity.

31  The sponsor local school district retains the right to monitor

                                  21

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






    Florida Senate - 2006             CS for CS for CS for SB 1030
    581-2397-06




 1  and inspect such facilities to ensure compliance with the

 2  State Requirements for Educational Facilities. If a facility

 3  ceases to be used for public educational purposes, either the

 4  facility shall revert to the sponsor school district subject

 5  to any debt owed on the facility, or the owner of the facility

 6  shall have the option to refund all educational impact fees

 7  utilized for the facility to the sponsor school district. The

 8  district and the owner of the facility may contractually agree

 9  to another arrangement for the facilities if the facilities

10  cease to be used for educational purposes. The owner of

11  property planned or approved for new residential dwelling

12  units and the entity levying educational impact fees shall

13  enter into an agreement that designates the educational impact

14  fees that will be allocated for the charter school student

15  stations and that ensures the timely construction of the

16  charter school student stations concurrent with the expected

17  occupancy of the residential units. The application for use of

18  educational impact fees shall include an approved charter

19  school application. To assist the school district in

20  forecasting student station needs, the entity levying the

21  impact fees shall notify the affected district of any

22  agreements it has approved for the purpose of mitigating

23  student station impact from the new residential dwelling

24  units.

25         Section 3.  This act shall take effect July 1, 2006.

26  

27  

28  

29  

30  

31  

                                  22

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






    Florida Senate - 2006             CS for CS for CS for SB 1030
    581-2397-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                    CS/CS for Senate Bill 1030

 3                                 

 4   This committee substitute provides:

 5       -    Creates a procedure for local district school boards
              to retain exclusive jurisdiction over authorizing
 6            charter schools by establishing a State Board of
              Education approval and challenge process, to begin
 7            with a district school board's submission of a
              resolution;
 8  
         -    Establishes criterion to be used by the state board
 9            in approving the resolution, to include that the
              district school board has provided fair and
10            equitable treatment to its charter schools, such as
              a showing of full compliance with provisions of the
11            charter statute, certain accounting practices,
              provision of assistance to charter schools to meet
12            their facilities needs through local bond
              availability, and the absence of an enrollment limit
13            policy;

14       -    Provides alternatively for the local district school
              board and the Florida Schools of Excellence (FSE) to
15            share concurrent control to authorize charter
              schools;
16  
         -    Specifies that an approved charter school shall be
17            monitored and supervised solely by the entity that
              authorized its existence;
18  
         -    Clarifies that local school districts retain the
19            authority to reauthorize and oversee current charter
              schools, unless the school has converted to an FSE
20            charter school; and

21       -    Clarifies that a district school board may permit
              the establishment of FSE charter schools in its
22            geographic jurisdiction by submitting a resolution
              to the state board.
23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  23

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