HB 0135CS

CHAMBER ACTION




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


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