1 | The Choice & Innovation Committee recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to charter schools; amending s. 1002.33, |
7 | F.S.; providing that the sponsor of a charter school shall |
8 | not be liable for civil damages for certain actions; |
9 | providing that the duty to monitor a charter school shall |
10 | not be the basis for a private cause of action; |
11 | prescribing limits on immunities of a charter school |
12 | sponsor; expanding a school district's immunity from |
13 | assumption of contractual debts; providing an effective |
14 | date. |
15 |
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16 | Be It Enacted by the Legislature of the State of Florida: |
17 |
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18 | Section 1. Paragraph (b) of subsection (5) and paragraph |
19 | (f) of subsection (8) of section 1002.33, Florida Statutes, are |
20 | amended to read: |
21 | 1002.33 Charter schools.-- |
22 | (5) SPONSOR; DUTIES.-- |
23 | (b) Sponsor duties.-- |
24 | 1.a. The sponsor shall monitor and review the charter |
25 | school in its progress toward the goals established in the |
26 | charter. |
27 | b.2. The sponsor shall monitor the revenues and |
28 | expenditures of the charter school. |
29 | c.3. The sponsor may approve a charter for a charter |
30 | school before the applicant has secured space, equipment, or |
31 | personnel, if the applicant indicates approval is necessary for |
32 | it to raise working capital. |
33 | d.4. The sponsor's policies shall not apply to a charter |
34 | school. |
35 | e.5. The sponsor shall ensure that the charter is |
36 | innovative and consistent with the state education goals |
37 | established by s. 1000.03(5). |
38 | f.6. The sponsor shall ensure that the charter school |
39 | participates in the state's education accountability system. If |
40 | a charter school falls short of performance measures included in |
41 | the approved charter, the sponsor shall report such shortcomings |
42 | to the Department of Education. |
43 | g. The sponsor shall not be liable for civil damages under |
44 | state law for personal injury, property damage, or death |
45 | resulting from an act or omission of an officer, employee, |
46 | agent, or governing body of the charter school. |
47 | h. The sponsor shall not be liable for civil damages under |
48 | state law for any employment actions taken by an officer, |
49 | employee, agent, or governing body of the charter school. |
50 | i. The sponsor's duties to monitor the charter school |
51 | shall not constitute the basis for a private cause of action. |
52 | 2. Immunity for the sponsor of a charter school under |
53 | subparagraph 1. applies only with respect to acts or omissions |
54 | not under the sponsor's direct authority as described in this |
55 | section. |
56 | 3. Nothing contained in this paragraph shall be considered |
57 | a waiver of sovereign immunity by a district school board. |
58 |
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59 | A community college may work with the school district or school |
60 | districts in its designated service area to develop charter |
61 | schools that offer secondary education. These charter schools |
62 | must include an option for students to receive an associate |
63 | degree upon high school graduation. District school boards shall |
64 | cooperate with and assist the community college on the charter |
65 | application. Community college applications for charter schools |
66 | are not subject to the time deadlines outlined in subsection (6) |
67 | and may be approved by the district school board at any time |
68 | during the year. Community colleges shall not report FTE for any |
69 | students who receive FTE funding through the Florida Education |
70 | Finance Program. |
71 | (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.-- |
72 | (f) If a charter is not renewed or is terminated, the |
73 | charter school is responsible for all debts of the charter |
74 | school. The district may not assume the debt from any contract |
75 | for services made between the governing body of the school and a |
76 | third party, except for a debt that is previously detailed and |
77 | agreed upon in writing by both the district and the governing |
78 | body of the school and that may not reasonably be assumed to |
79 | have been satisfied by the district. |
80 | Section 2. This act shall take effect July 1, 2006. |