(LATE FILED)	Amendment
Bill No. 0135

Amendment No. 565789

CHAMBER ACTION
Senate		House
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1	Representative(s) Greenstein, Stargel, Legg, and Arza offered
2	the following:
3
4	Amendment (with title amendment)
5	Remove everything after the enacting clause and insert:
6	Section 1.  Section 1002.335, Florida Statutes, is created
7	to read:
8	1002.335  Florida Schools of Excellence Commission.--
9	(1)  FINDINGS.--The Legislature finds that:
10	(a)  Charter schools are a critical component in the
11	state's efforts to provide efficient and high-quality schools
12	within the state's uniform system of public education.
13	(b)  Charter schools provide valuable educational options
14	and innovative learning opportunities while expanding the
15	capacity of the state's system of public education and
16	empowering parents with the ability to make choices that best
17	fit the individual needs of their children.
18	(c)  The growth of charter schools in the state has
19	contributed to enhanced student performance, greater efficiency,
20	and the improvement of all public schools.
21	(2)  INTENT.--It is the intent of the Legislature that:
22	(a)  There be established an independent, state-level
23	commission whose primary focus is the development and support of
24	charter schools in order to better meet the growing and diverse
25	needs of some of the increasing number and array of charter
26	schools in the state and to further ensure that charter schools
27	of the highest academic quality are approved and supported
28	throughout the state in an efficient manner.
29	(b)  New sources of community support in the form of
30	municipalities with knowledge of the unique needs of a
31	particular community or state universities, community colleges,
32	or regional educational consortia with special education
33	expertise should be authorized to participate in developing and
34	supporting charter schools that maximize access to a wide
35	variety of high-quality educational options for all students
36	regardless of disability, race, or socioeconomic status.
37	(3)  FLORIDA SCHOOLS OF EXCELLENCE COMMISSION.--
38	(a)  The Florida Schools of Excellence Commission is
39	established as an independent, state-level charter school
40	authorizing entity working in collaboration with the Department
41	of Education and under the supervision of the State Board of
42	Education. Startup funds necessary to establish and operate the
43	commission may be received through private contributions and
44	federal and other institutional grants through the Grants and
45	Donations Trust Fund and the Educational Aids Trust Fund housed
46	within the department in addition to funds provided in the
47	General Appropriations Act. The department shall assist in
48	securing federal and other institutional grant funds to
49	establish the commission.
50	(b)  The commission shall be appointed by the State Board
51	of Education and shall be composed of three appointees
52	recommended by the Governor, two appointees recommended by the
53	President of the Senate, and two appointees recommended by the
54	Speaker of the House of Representatives. The Governor, the
55	President of the Senate, and the Speaker of the House of
56	Representatives shall each recommend a list of no fewer than two
57	nominees for any appointment to the commission. The appointments
58	shall be made as soon as feasible but no later than September 1,
59	2006. Each member shall serve a term of 2 years; however, for
60	the purpose of providing staggered terms, of the initial
61	appointments, three members shall be appointed to 1-year terms
62	and four members shall be appointed to 2-year terms. Thereafter,
63	each appointee shall serve a 2-year term unless the State Board
64	of Education, after review, extends the appointment. If a
65	vacancy occurs on the commission, it shall be filled by the
66	State Board of Education from a recommendation by the
67	appropriate authority according to the procedure set forth in
68	this paragraph. The members of the commission shall annually
69	vote to appoint a chair and a vice chair. Each member of the
70	commission must hold a bachelor's degree or higher, and the
71	commission must include individuals who have experience in
72	finance, administration, law, education, and school governance.
73	(c)  The commission is encouraged to convene its first
74	meeting no later than October 1, 2006, and, thereafter, shall
75	meet each month at the call of the chair or upon the request of
76	four members of the commission. Four members of the commission
77	shall constitute a quorum.
78	(d)  The commission shall appoint an executive director who
79	shall employ such staff as is necessary to perform the
80	administrative duties and responsibilities of the commission.
81	(e)  The members of the commission shall not be compensated
82	for their services on the commission but may be reimbursed for
83	per diem and travel expenses pursuant to s. 112.061.
84	(4)  POWERS AND DUTIES.--
85	(a)  The commission shall have the power to:
86	1.  Authorize and act as a sponsor of charter schools,
87	including the approval or denial of charter school applications
88	pursuant to subsection (9) and the nonrenewal or termination of
89	charter schools pursuant to s. 1002.33(8).
90	2.  Authorize municipalities, state universities, community
91	colleges, and regional educational consortia to act as
92	cosponsors of charter schools, including the approval or denial
93	of cosponsor applications pursuant to State Board of Education
94	rule and subsection (6) and the revocation of approval of
95	cosponsors pursuant to State Board of Education rule and
96	subsection (8).
97	3.  Approve or deny Florida Schools of Excellence (FSE)
98	charter school applications and renew or terminate charters of
99	FSE charter schools.
100	4.  Conduct facility and curriculum reviews of charter
101	schools approved by the commission or one of its cosponsors.
102	(b)  The commission shall have the following duties:
103	1.  Review charter school applications and assist in the
104	establishment of Florida Schools of Excellence (FSE) charter
105	schools throughout the state. An FSE charter school shall exist
106	as a public school within the state as a component of the
107	delivery of public education within Florida's K-20 education
108	system.
109	2.  Develop, promote, and disseminate best practices for
110	charter schools and charter school sponsors in order to ensure
111	that high-quality charter schools are developed and
112	incentivized. At a minimum, the best practices shall encourage
113	the development and replication of academically and financially
114	proven charter school programs.
115	3.  Develop, promote, and require high standards of
116	accountability for any school that applies for and is granted a
117	charter under this section.
118	4.  Monitor and annually review the performance of
119	cosponsors approved pursuant to this section and hold the
120	cosponsors accountable for their performance pursuant to the
121	provisions of paragraph (6)(c). The commission shall annually
122	review and evaluate the performance of each cosponsor based upon
123	the financial and administrative support provided to the
124	cosponsor's charter schools and the quality of charter schools
125	approved by the cosponsor, including the academic performance of
126	the students that attend those schools.
127	5.  Monitor and annually review and evaluate the academic
128	and financial performance of the charter schools it sponsors and
129	hold the schools accountable for their performance pursuant to
130	the provisions of chapter 1008.
131	6.  Report the student enrollment in each of its sponsored
132	charter schools to the district school board of the county in
133	which the school is located.
134	7.  Work with its cosponsors to monitor the financial
135	management of each FSE charter school.
136	8.  Direct charter schools and persons seeking to establish
137	charter schools to sources of private funding and support.
138	9.  Actively seek, with the assistance of the department,
139	supplemental revenue from federal grant funds, institutional
140	grant funds, and philanthropic organizations. The commission
141	may, through the department's Grants and Donations Trust Fund,
142	receive and expend gifts, grants, and donations of any kind from
143	any public or private entity to carry out the purposes of this
144	section.
145	10.  Review and recommend to the Legislature any necessary
146	revisions to statutory requirements regarding the qualification
147	and approval of municipalities, state universities, community
148	colleges, and regional educational consortia as cosponsors for
149	FSE charter schools.
150	11.  Review and recommend to the Legislature any necessary
151	revisions to statutory requirements regarding the standards for
152	accountability and criteria for revocation of approval of
153	cosponsors of FSE charter schools.
154	12.  Act as liaison for cosponsors and FSE charter schools
155	in cooperating with district school boards that may choose to
156	allow charter schools to utilize excess space within district
157	public school facilities.
158	13.  Collaborate with municipalities, state universities,
159	community colleges, and regional educational consortia as
160	cosponsors for FSE charter schools for the purpose of providing
161	the highest level of public education to low-income, low-
162	performing, gifted, or underserved student populations. Such
163	collaborations shall:
164	a.  Allow state universities and community colleges that
165	cosponsor FSE charter schools to enable students attending a
166	charter school to take college courses and receive high school
167	and college credit for such courses.
168	b.  Be used to determine the feasibility of opening charter
169	schools for students with disabilities, including, but not
170	limited to, charter schools for children with autism that work
171	with and utilize the specialized expertise of the Centers for
172	Autism and Related Disabilities established and operated
173	pursuant to s. 1004.55.
174	14.  Support municipalities when the mayor or chief
175	executive, through resolution passed by the governing body of
176	the municipality, expresses an intent to cosponsor and establish
177	charter schools within the municipal boundaries.
178	15.  Meet the needs of charter schools and school districts
179	by uniformly administering high-quality charter schools, thereby
180	removing administrative burdens from the school districts.
181	16.  Assist FSE charter schools in negotiating and
182	contracting with district school boards that choose to provide
183	certain administrative or transportation services to the charter
184	schools on a contractual basis.
185	17.  Provide training for members of FSE charter school
186	governing bodies within 90 days after approval of the charter
187	school. The training shall include, but not be limited to, best
188	practices on charter school governance, the constitutional and
189	statutory requirements relating to public records and meetings,
190	and the requirements of applicable statutes and State Board of
191	Education rules.
192	18.  Perform all of the duties of sponsors set forth in s.
193	1002.33(5)(b) and (20).
194	(5)  CHARTERING AUTHORITY.--
195	(a)  A charter school applicant may submit an application
196	to the commission only if the school district in which the FSE
197	charter school is to be located has not retained exclusive
198	authority to authorize charter schools as provided in paragraph
199	(e). If a district school board has not retained exclusive
200	authority to authorize charter schools as provided in paragraph
201	(e), the district school board and the commission shall have
202	concurrent authority to authorize charter schools and FSE
203	charter schools, respectively, to be located within the
204	geographic boundaries of the school district. The district
205	school board shall monitor and oversee all charter schools
206	authorized by the district school board pursuant to s. 1002.33.
207	The commission shall monitor and oversee all FSE charter schools
208	sponsored by the commission pursuant to subsection (4).
209	(b)  Paragraph (e) may not be construed to eliminate the
210	ability of a district school board to authorize charter schools
211	pursuant to s. 1002.33. A district school board shall retain the
212	authority to reauthorize and to oversee any charter school that
213	it has authorized, except with respect to any charter school
214	that is converted to an FSE charter school under this section.
215	(c)  For fiscal year 2007-2008 and for each fiscal year
216	thereafter, a district school board may seek to retain exclusive
217	authority to authorize charter schools within the geographic
218	boundaries of the school district by presenting to the State
219	Board of Education, on or before March 1 of the fiscal year
220	prior to that for which the exclusive authority is to apply, a
221	written resolution adopted by the district school board
222	indicating the intent to retain exclusive authority to authorize
223	charter schools. A district school board may seek to retain the
224	exclusive authority to authorize charter schools by presenting
225	to the state board the written resolution on or before a date 60
226	days after establishment of the commission. The written
227	resolution shall be accompanied by a written description
228	addressing the elements described in paragraph (e). The district
229	school board shall provide a complete copy of the resolution,
230	including the description, to each charter school authorized by
231	the district school board on or before the date it submits the
232	resolution to the state board.
233	(d)  A party may challenge the grant of exclusive authority
234	made by the State Board of Education pursuant to paragraph (e)
235	by filing with the state board a notice of challenge within 30
236	days after the state board grants exclusive authority. The
237	notice shall be accompanied by a specific written description of
238	the basis for the challenge. The challenging party, at the time
239	of filing notice with the state board, shall provide a copy of
240	the notice of challenge to the district school board that has
241	been granted exclusive authority. The state board shall permit
242	the district school board the opportunity to appear and respond
243	in writing to the challenge. The state board shall make a
244	determination upon the challenge within 60 days after receiving
245	the notice of challenge.
246	(e)  The State Board of Education shall grant to a district
247	school board exclusive authority to authorize charter schools
248	within the geographic boundaries of the school district if the
249	state board determines, after adequate notice, in a public
250	hearing, and after receiving input from any charter school
251	authorized by the district school board, that the district
252	school board has provided fair and equitable treatment to its
253	charter schools during the 4 years prior to the district school
254	board's submission of the resolution described in paragraph (c).
255	The state board's review of the resolution shall, at a minimum,
256	include consideration of the following:
257	1.  Compliance with the provisions of s. 1002.33.
258	2.  Compliance with full and accurate accounting practices
259	and charges for central administrative overhead costs.
260	3.  Compliance with requirements allowing a charter school,
261	at its discretion, to purchase certain services or a combination
262	of services at actual cost to the district.
263	4.  The absence of a district school board moratorium
264	regarding charter schools or the absence of any districtwide
265	charter school enrollment limits.
266	5.  Compliance with valid orders of the state board.
267	6.  The provision of assistance to charter schools to meet
268	their facilities needs by including those needs in local bond
269	issues or otherwise providing available land and facilities that
270	are comparable to those provided to other public school students
271	in the same grade levels within the school district.
272	7.  The distribution to charter schools authorized by the
273	district school board of a pro rata share of federal and state
274	grants received by the district school board, except for any
275	grant received for a particular purpose which, by its express
276	terms, is intended to benefit a student population not able to
277	be served by, or a program not able to be offered at, a charter
278	school that did not receive a proportionate share of such grant
279	proceeds.
280	8.  The provision of adequate staff and other resources to
281	serve charter schools authorized by the district school board,
282	which services are provided by the district school board at a
283	cost to the charter schools that does not exceed their actual
284	cost to the district school board.
285	9.  The lack of a policy or practice of imposing individual
286	charter school enrollment limits, except as otherwise provided
287	by law.
288	10.  The provision of an adequate number of educational
289	choice programs to serve students exercising their rights to
290	transfer pursuant to the "No Child Left Behind Act of 2001,"
291	Pub. L. No. 107-110, and a history of charter school approval
292	that encourages chartering.
293	(f)  The decision of the State Board of Education pursuant
294	to paragraph (e) shall not be subject to the provisions of
295	chapter 120 and shall be a final action subject to judicial
296	review by the district court of appeal.
297	(g)  For district school boards that have no discernable
298	history of authorizing charter schools, the State Board of
299	Education may not grant exclusive authority unless the district
300	school board demonstrates that no approvable application has
301	come before the district school board.
302	(h)  A grant of exclusive authority by the State Board of
303	Education shall continue so long as a district school board
304	continues to comply with this section and has presented a
305	written resolution to the state board as set forth in paragraph
306	(c).
307	(i)  Notwithstanding any other provision of this section to
308	the contrary, a district school board may permit the
309	establishment of one or more FSE charter schools within the
310	geographic boundaries of the school district by adopting a
311	favorable resolution and submitting the resolution to the State
312	Board of Education. The resolution shall be effective until it
313	is rescinded by resolution of the district school board.
314	(6)  APPROVAL OF COSPONSORS.--
315	(a)  The commission shall begin accepting applications by
316	municipalities, state universities, community colleges, and
317	regional educational consortia no later than January 31, 2007.
318	The commission shall review and evaluate all applications for
319	compliance with the provisions of paragraph (c) and shall have
320	90 days after receipt of an application to approve or deny the
321	application unless the 90-day period is waived by the applicant.
322	(b)  The commission shall limit the number of charter
323	schools that a cosponsor may approve pursuant to its review of
324	the cosponsor's application under paragraph (c). Upon
325	application by the cosponsor and review by the commission of the
326	performance of a cosponsor's current charter schools, the
327	commission may approve a cosponsor's application to raise the
328	limit previously set by the commission.
329	(c)  Any entity set forth in paragraph (a) that is
330	interested in becoming a cosponsor pursuant to this section
331	shall prepare and submit an application to the commission that
332	provides evidence that the entity:
333	1.  Has the necessary staff and infrastructure or has
334	established the necessary contractual or interagency
335	relationships to ensure its ability to handle all of the
336	administrative responsibilities required of a charter school
337	sponsor as set forth in s. 1002.33(20).
338	2.  Has the necessary staff expertise and infrastructure or
339	has established the necessary contractual or interagency
340	relationships to ensure that it will approve and is able to
341	develop and maintain charter schools of the highest academic
342	quality.
343	3.  Is able to provide the necessary public and private
344	financial resources and staff to ensure that it can monitor and
345	support charter schools that are economically efficient and
346	fiscally sound.
347	4.  Is committed to providing equal access to all students
348	and to maintaining a diverse student population within its
349	charter schools, including compliance with all applicable
350	requirements of federal law.
351	5.  Is committed to serving low-income, low-performing,
352	gifted, or underserved student populations.
353	6.  Has articulated annual academic and financial goals and
354	expected outcomes for its charter schools as well as the methods
355	and plans by which it will measure and achieve those goals and
356	outcomes.
357	7.  Has policies in place to protect its cosponsoring
358	practices from conflicts of interest.
359	(d)  The commission's decision to deny an application or to
360	revoke approval of a cosponsor pursuant to subsection (8) is not
361	subject to chapter 120 and may be appealed to the State Board of
362	Education pursuant to s. 1002.33(6).
363	(7)  COSPONSOR AGREEMENT.--
364	(a)  Upon approval of a cosponsor, the commission and the
365	cosponsor shall enter into an agreement that defines the
366	cosponsor's rights and obligations and includes the following:
367	1.  An explanation of the personnel, contractual and
368	interagency relationships, and potential revenue sources
369	referenced in the application as required in paragraph (6)(c).
370	2.  Incorporation of the requirements of equal access for
371	all students, including any plans to provide food service or
372	transportation reasonably necessary to provide access to as many
373	students as possible.
374	3.  Incorporation of the requirement to serve low-income,
375	low-performing, gifted, or underserved student populations.
376	4.  An explanation of the academic and financial goals and
377	expected outcomes for the cosponsor's charter schools and the
378	method and plans by which they will be measured and achieved as
379	referenced in the application.
380	5.  The conflict-of-interest policies referenced in the
381	application.
382	6.  An explanation of the disposition of facilities and
383	assets upon termination and dissolution of a charter school
384	approved by the cosponsor.
385	7.  A provision requiring the cosponsor to annually appear
386	before the commission and provide a report as to the information
387	provided pursuant to s. 1002.33(9)(l) for each of its charter
388	schools.
389	8.  A provision requiring that the cosponsor report the
390	student enrollment in each of its sponsored charter schools to
391	the district school board of the county in which the school is
392	located.
393	9.  A provision requiring that the cosponsor work with the
394	commission to provide the necessary reports to the State Board
395	of Education.
396	10.  Any other reasonable terms deemed appropriate by the
397	commission given the unique characteristics of the cosponsor.
398	(b)  No cosponsor may receive applications for charter
399	schools until a cosponsor agreement with the commission has been
400	approved and signed by the commission and the appropriate
401	individuals or governing bodies of the cosponsor.
402	(c)  The cosponsor agreement shall be proposed and
403	negotiated pursuant to the timeframes set forth in s.
404	1002.33(6)(i).
405	(d)  The cosponsor agreement shall be attached to and shall
406	govern all charter school contracts entered into by the
407	cosponsor.
408	(8)  CAUSES FOR REVOCATION OF APPROVAL OF A COSPONSOR.--If
409	at any time the commission finds that a cosponsor is not in
410	compliance, or is no longer willing to comply, with its contract
411	with a charter school or with its cosponsor agreement with the
412	commission, the commission shall provide notice and a hearing in
413	accordance with State Board of Education rule. If after a
414	hearing the commission confirms its initial finding, the
415	commission shall revoke the cosponsor's approval. The commission
416	shall assume temporary sponsorship over any charter school
417	sponsored by the cosponsor at the time of revocation.
418	Thereafter, the commission may assume permanent sponsorship over
419	such school or allow the school's governing body to apply to
420	another sponsor or cosponsor.
421	(9)  CHARTER SCHOOL APPLICATION AND REVIEW.--Charter school
422	applications submitted to the commission or to a cosponsor
423	approved by the commission pursuant to subsection (6) shall be
424	subject to the same requirements set forth in s. 1002.33(6). The
425	commission or cosponsor shall receive and review all
426	applications for FSE charter schools according to the provisions
427	for review of charter school applications under s.
428	1002.33(6)(b).
429	(10)  APPLICATIONS OF EXISTING CHARTER SCHOOLS.--
430	(a)  An application may be submitted pursuant to this
431	section by an existing charter school approved by a district
432	school board provided that the obligations of its charter
433	contract with the district school board will expire prior to
434	entering into a new charter contract with the commission or one
435	of its cosponsors. A district school board may agree to rescind
436	or waive the obligations of a current charter contract to allow
437	an application to be submitted by an existing charter school
438	pursuant to this section. A charter school that changes sponsors
439	pursuant to this subsection shall be allowed to continue the use
440	of all facilities, equipment, and other assets it owned or
441	leased prior to the expiration or rescission of its contract
442	with a district school board sponsor.
443	(b)  An application to the commission or one of its
444	cosponsors by a conversion charter school may only be submitted
445	upon consent of the district school board. In such instance, the
446	district school board may retain the facilities, equipment, and
447	other assets of the conversion charter school for its own use or
448	agree to reasonable terms for their continued use by the
449	conversion charter school.
450	(11)  APPLICATION OF CHARTER SCHOOL STATUTE.--
451	(a)  The provisions of s. 1002.33(7)-(12), (14), and
452	(16)-(19) shall apply to the commission and the cosponsors and
453	charter schools approved pursuant to this section.
454	(b)  The provisions of s. 1002.33(20) shall apply to the
455	commission and the cosponsors and charter schools approved
456	pursuant to this section with the exception that the commission
457	or a cosponsor of a charter school approved pursuant to this
458	section may retain no more than the actual cost of its
459	administrative overhead costs expended to sponsor the charter
460	school not to exceed 5 percent of the funding provided to the
461	charter school.
462	(12)  ACCESS TO INFORMATION.--The commission shall provide
463	maximum access to information to all parents in the state. It
464	shall maintain information systems, including, but not limited
465	to, a user-friendly Internet website, that will provide
466	information and data necessary for parents to make informed
467	decisions. At a minimum, the commission must provide parents
468	with information on its accountability standards, links to
469	schools of excellence throughout the state, and public education
470	programs available in the state.
471	(13)  ANNUAL REPORT.--Each year, the chair of the
472	commission shall appear before the State Board of Education and
473	submit a report regarding the academic performance and fiscal
474	responsibility of all charter schools and cosponsors approved
475	under this section.
476	(14)  IMPLEMENTATION.--The State Board of Education shall
477	adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to
478	facilitate the implementation of this section.
479	Section 2.  Paragraphs (d) through (h) of subsection (6) of
480	section 1002.33, Florida Statutes, are redesignated as
481	paragraphs (e) through (i), respectively, a new paragraph (d) is
482	added to that subsection, and paragraph (b) of subsection (5),
483	paragraph (f) of subsection (8), and paragraph (a) of subsection
484	(17) of that section are amended, to read:
485	1002.33  Charter schools.--
486	(5)  SPONSOR; DUTIES.--
487	(b)  Sponsor duties.--
488	1.a.  The sponsor shall monitor and review the charter
489	school in its progress toward the goals established in the
490	charter.
491	b.2.  The sponsor shall monitor the revenues and
492	expenditures of the charter school.
493	c.3.  The sponsor may approve a charter for a charter
494	school before the applicant has secured space, equipment, or
495	personnel, if the applicant indicates approval is necessary for
496	it to raise working capital.
497	d.4.  The sponsor's policies shall not apply to a charter
498	school.
499	e.5.  The sponsor shall ensure that the charter is
500	innovative and consistent with the state education goals
501	established by s. 1000.03(5).
502	f.6.  The sponsor shall ensure that the charter school
503	participates in the state's education accountability system. If
504	a charter school falls short of performance measures included in
505	the approved charter, the sponsor shall report such shortcomings
506	to the Department of Education.
507	g.  The sponsor shall not be liable for civil damages under
508	state law for personal injury, property damage, or death
509	resulting from an act or omission of an officer, employee,
510	agent, or governing body of the charter school.
511	h.  The sponsor shall not be liable for civil damages under
512	state law for any employment actions taken by an officer,
513	employee, agent, or governing body of the charter school.
514	i.  The sponsor's duties to monitor the charter school
515	shall not constitute the basis for a private cause of action.
516	2.  Immunity for the sponsor of a charter school under
517	subparagraph 1. applies only with respect to acts or omissions
518	not under the sponsor's direct authority as described in this
519	section.
520	3.  Nothing contained in this paragraph shall be considered
521	a waiver of sovereign immunity by a district school board.
522	4.  A community college may work with the school district
523	or school districts in its designated service area to develop
524	charter schools that offer secondary education. These charter
525	schools must include an option for students to receive an
526	associate degree upon high school graduation. District school
527	boards shall cooperate with and assist the community college on
528	the charter application. Community college applications for
529	charter schools are not subject to the time deadlines outlined
530	in subsection (6) and may be approved by the district school
531	board at any time during the year. Community colleges shall not
532	report FTE for any students who receive FTE funding through the
533	Florida Education Finance Program.
534	(6)  APPLICATION PROCESS AND REVIEW.--Beginning September
535	1, 2003, applications are subject to the following requirements:
536	(d)  For charter school applications in school districts
537	that have not been granted exclusive authority to sponsor
538	charter schools pursuant to s. 1002.335(5), the right to appeal
539	an application denial under paragraph (c) shall be contingent on
540	the applicant having submitted the same or a substantially
541	similar application to the Florida Schools of Excellence
542	Commission or one of its cosponsors. Any such applicant whose
543	application is denied by the commission or one of its cosponsors
544	subsequent to its denial by the district school board may
545	exercise its right to appeal the district school board's denial
546	under paragraph (c) within 30 days after receipt of the
547	commission's or cosponsor's denial or failure to act on the
548	application. However, the applicant forfeits its right to appeal
549	under paragraph (c) if it fails to submit its application to the
550	commission or one of its cosponsors by August 1 of the school
551	year immediately following the district school board's denial of
552	the application.
553	(8)  CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.--
554	(f)  If a charter is not renewed or is terminated, the
555	charter school is responsible for all debts of the charter
556	school. The district may not assume the debt from any contract
557	for services made between the governing body of the school and a
558	third party, except for a debt that is previously detailed and
559	agreed upon in writing by both the district and the governing
560	body of the school and that may not reasonably be assumed to
561	have been satisfied by the district.
562	(17)  FUNDING.--Students enrolled in a charter school,
563	regardless of the sponsorship, shall be funded as if they are in
564	a basic program or a special program, the same as students
565	enrolled in other public schools in the school district. Funding
566	for a charter lab school shall be as provided in s. 1002.32.
567	(a)  Each charter school shall report its student
568	enrollment to the sponsor district school board as required in
569	s. 1011.62, and in accordance with the definitions in s.
570	1011.61. The sponsor district school board shall include each
571	charter school's enrollment in the district's report of student
572	enrollment. All charter schools submitting student record
573	information required by the Department of Education shall comply
574	with the Department of Education's guidelines for electronic
575	data formats for such data, and all districts shall accept
576	electronic data that complies with the Department of Education's
577	electronic format.
578	Section 3.  The following sums of money and full-time
579	equivalent positions are appropriated from general revenue to
580	the State Board of Education for the 2006-2007 fiscal year for
581	the purpose of administering this act:
582	(1)  Three full-time equivalent positions and 165,000 in
583	approved annual salary rate.
584	(2)  The sum of $214,630 from recurring general revenue
585	funds for salaries and benefits.
586	(3)  The sum of $199,238 from recurring general revenue
587	funds for expenses.
588	(4)  The sum of $5,700 from nonrecurring general revenue
589	funds for operating capital outlay.
590	(5)  The sum of $1,179 from recurring general revenue funds
591	for transfer to the Department of Management Services for the
592	Human Resource Services Statewide Contract.
593	Section 4.  This act shall take effect July 1, 2006.
594
595	======= T I T L E  A M E N D M E N T ==========
596	Remove the entire title and insert:
597	A bill to be entitled
598	An act relating to charter schools; creating s. 1002.335,
599	F.S.; providing findings and intent; establishing the
600	Florida Schools of Excellence Commission as a charter
601	school authorizing entity; providing for startup funds;
602	providing for membership of the commission; providing
603	powers and duties of the commission, including serving as
604	a sponsor of charter schools, approving certain entities
605	to act as cosponsors, approving or denying applications
606	for Florida Schools of Excellence (FSE) charter schools,
607	and developing standards for and evaluating the
608	performance of cosponsors and charter schools; requiring
609	collaboration with municipalities, state universities,
610	community colleges, and regional educational consortia as
611	cosponsors for FSE charter schools; providing chartering
612	authority; prescribing procedures under which a district
613	school board may become the exclusive authority to
614	authorize charter schools within a school district;
615	providing for challenges to grants of exclusive authority;
616	prescribing conditions to be considered by the State Board
617	of Education in determining whether to grant exclusive
618	authority; providing requirements for approval of
619	cosponsors by the commission; providing components of
620	required cosponsor agreements; providing causes for
621	revocation of approval of a cosponsor; providing for FSE
622	charter school application and review procedures;
623	authorizing existing charter schools to apply as FSE
624	charter schools; providing for application of specified
625	provisions of law; requiring access to information by
626	parents; requiring the commission to submit an annual
627	report; requiring rulemaking; amending s. 1002.33, F.S.;
628	providing that the sponsor of a charter school shall not
629	be liable for civil damages for certain actions; providing
630	that the duty to monitor a charter school shall not be the
631	basis for a private cause of action; prescribing limits on
632	immunities of a charter school sponsor; providing
633	requirements with respect to the right to appeal the
634	denial of a charter school application; expanding a school
635	district's immunity from assumption of contractual debts;
636	revising provisions relating to reporting of charter
637	school student enrollment for purposes of funding;
638	providing appropriations and authorizing positions;
639	providing an effective date.

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