HB 135

1
A bill to be entitled
2An act relating to charter schools; creating s. 1002.335,
3F.S.; providing findings and intent; establishing the
4Florida Schools of Excellence Commission as a charter
5school authorizing entity; providing for startup funds;
6providing for membership of the commission; providing
7powers and duties of the commission, including serving as
8a sponsor of charter schools, approving certain entities
9to act as cosponsors, approving or denying applications
10for Florida Schools of Excellence (FSE) charter schools,
11and developing standards for and evaluating the
12performance of cosponsors and charter schools; requiring
13collaboration with municipalities, state universities,
14community colleges, and regional educational consortia as
15cosponsors for FSE charter schools; providing chartering
16authority; prescribing procedures under which a district
17school board may become the exclusive authority to
18authorize charter schools within a school district;
19providing for challenges to grants of exclusive authority;
20prescribing conditions to be considered by the State Board
21of Education in determining whether to grant exclusive
22authority; providing requirements for approval of
23cosponsors by the commission; providing components of
24required cosponsor agreements; providing causes for
25revocation of approval of a cosponsor; providing for FSE
26charter school application and review procedures;
27authorizing existing charter schools to apply as FSE
28charter schools; providing for application of specified
29provisions of law; requiring access to information by
30parents; requiring the commission to submit an annual
31report; requiring rulemaking; amending s. 1002.33, F.S.;
32providing that the sponsor of a charter school shall not
33be liable for civil damages for certain actions; providing
34that the duty to monitor a charter school shall not be the
35basis for a private cause of action; prescribing limits on
36immunities of a charter school sponsor; providing
37requirements with respect to the right to appeal the
38denial of a charter school application; expanding a school
39district's immunity from assumption of contractual debts;
40revising provisions relating to reporting of charter
41school student enrollment for purposes of funding;
42providing appropriations and authorizing positions;
43providing an effective date.
44
45Be It Enacted by the Legislature of the State of Florida:
46
47     Section 1.  Section 1002.335, Florida Statutes, is created
48to read:
49     1002.335  Florida Schools of Excellence Commission.--
50     (1)  FINDINGS.--The Legislature finds that:
51     (a)  Charter schools are a critical component in the
52state's efforts to provide efficient and high-quality schools
53within the state's uniform system of public education.
54     (b)  Charter schools provide valuable educational options
55and innovative learning opportunities while expanding the
56capacity of the state's system of public education and
57empowering parents with the ability to make choices that best
58fit the individual needs of their children.
59     (c)  The growth of charter schools in the state has
60contributed to enhanced student performance, greater efficiency,
61and the improvement of all public schools.
62     (2)  INTENT.--It is the intent of the Legislature that:
63     (a)  There be established an independent, state-level
64commission whose primary focus is the development and support of
65charter schools in order to better meet the growing and diverse
66needs of some of the increasing number and array of charter
67schools in the state and to further ensure that charter schools
68of the highest academic quality are approved and supported
69throughout the state in an efficient manner.
70     (b)  New sources of community support in the form of
71municipalities with knowledge of the unique needs of a
72particular community or state universities, community colleges,
73or regional educational consortia with special education
74expertise should be authorized to participate in developing and
75supporting charter schools that maximize access to a wide
76variety of high-quality educational options for all students
77regardless of disability, race, or socioeconomic status.
78     (3)  FLORIDA SCHOOLS OF EXCELLENCE COMMISSION.--
79     (a)  The Florida Schools of Excellence Commission is
80established as an independent, state-level charter school
81authorizing entity working in collaboration with the Department
82of Education and under the supervision of the State Board of
83Education. Startup funds necessary to establish and operate the
84commission may be received through private contributions and
85federal and other institutional grants through the Grants and
86Donations Trust Fund and the Educational Aids Trust Fund housed
87within the department in addition to funds provided in the
88General Appropriations Act. The department shall assist in
89securing federal and other institutional grant funds to
90establish the commission.
91     (b)  The commission shall be appointed by the State Board
92of Education and shall be composed of three appointees
93recommended by the Governor, two appointees recommended by the
94President of the Senate, and two appointees recommended by the
95Speaker of the House of Representatives. The Governor, the
96President of the Senate, and the Speaker of the House of
97Representatives shall each recommend a list of no fewer than two
98nominees for any appointment to the commission. The appointments
99shall be made as soon as feasible but no later than September 1,
1002006. Each member shall serve a term of 2 years; however, for
101the purpose of providing staggered terms, of the initial
102appointments, three members shall be appointed to 1-year terms
103and four members shall be appointed to 2-year terms. Thereafter,
104each appointee shall serve a 2-year term unless the State Board
105of Education, after review, extends the appointment. If a
106vacancy occurs on the commission, it shall be filled by the
107State Board of Education from a recommendation by the
108appropriate authority according to the procedure set forth in
109this paragraph. The members of the commission shall annually
110vote to appoint a chair and a vice chair. Each member of the
111commission must hold a bachelor's degree or higher, and the
112commission must include individuals who have experience in
113finance, administration, law, education, and school governance.
114     (c)  The commission is encouraged to convene its first
115meeting no later than October 1, 2006, and, thereafter, shall
116meet each month at the call of the chair or upon the request of
117four members of the commission. Four members of the commission
118shall constitute a quorum.
119     (d)  The commission shall appoint an executive director who
120shall employ such staff as is necessary to perform the
121administrative duties and responsibilities of the commission.
122     (e)  The members of the commission shall not be compensated
123for their services on the commission but may be reimbursed for
124per diem and travel expenses pursuant to s. 112.061.
125     (4)  POWERS AND DUTIES.--
126     (a)  The commission shall have the power to:
127     1.  Authorize and act as a sponsor of charter schools,
128including the approval or denial of charter school applications
129pursuant to subsection (9) and the nonrenewal or termination of
130charter schools pursuant to s. 1002.33(8).
131     2.  Authorize municipalities, state universities, community
132colleges, and regional educational consortia to act as
133cosponsors of charter schools, including the approval or denial
134of cosponsor applications pursuant to State Board of Education
135rule and subsection (6) and the revocation of approval of
136cosponsors pursuant to State Board of Education rule and
137subsection (8).
138     3.  Approve or deny Florida Schools of Excellence (FSE)
139charter school applications and renew or terminate charters of
140FSE charter schools.
141     4.  Conduct facility and curriculum reviews of charter
142schools approved by the commission or one of its cosponsors.
143     (b)  The commission shall have the following duties:
144     1.  Review charter school applications and assist in the
145establishment of Florida Schools of Excellence (FSE) charter
146schools throughout the state. An FSE charter school shall exist
147as a public school within the state as a component of the
148delivery of public education within Florida's K-20 education
149system.
150     2.  Develop, promote, and disseminate best practices for
151charter schools and charter school sponsors in order to ensure
152that high-quality charter schools are developed and
153incentivized. At a minimum, the best practices shall encourage
154the development and replication of academically and financially
155proven charter school programs.
156     3.  Develop, promote, and require high standards of
157accountability for any school that applies for and is granted a
158charter under this section.
159     4.  Monitor and annually review the performance of
160cosponsors approved pursuant to this section and hold the
161cosponsors accountable for their performance pursuant to the
162provisions of paragraph (6)(c). The commission shall annually
163review and evaluate the performance of each cosponsor based upon
164the financial and administrative support provided to the
165cosponsor's charter schools and the quality of charter schools
166approved by the cosponsor, including the academic performance of
167the students that attend those schools.
168     5.  Monitor and annually review and evaluate the academic
169and financial performance of the charter schools it sponsors and
170hold the schools accountable for their performance pursuant to
171the provisions of chapter 1008.
172     6.  Report the student enrollment in each of its sponsored
173charter schools to the district school board of the county in
174which the school is located.
175     7.  Work with its cosponsors to monitor the financial
176management of each FSE charter school.
177     8.  Direct charter schools and persons seeking to establish
178charter schools to sources of private funding and support.
179     9.  Actively seek, with the assistance of the department,
180supplemental revenue from federal grant funds, institutional
181grant funds, and philanthropic organizations. The commission
182may, through the department's Grants and Donations Trust Fund,
183receive and expend gifts, grants, and donations of any kind from
184any public or private entity to carry out the purposes of this
185section.
186     10.  Review and recommend to the Legislature any necessary
187revisions to statutory requirements regarding the qualification
188and approval of municipalities, state universities, community
189colleges, and regional educational consortia as cosponsors for
190FSE charter schools.
191     11.  Review and recommend to the Legislature any necessary
192revisions to statutory requirements regarding the standards for
193accountability and criteria for revocation of approval of
194cosponsors of FSE charter schools.
195     12.  Act as liaison for cosponsors and FSE charter schools
196in cooperating with district school boards that may choose to
197allow charter schools to utilize excess space within district
198public school facilities.
199     13.  Collaborate with municipalities, state universities,
200community colleges, and regional educational consortia as
201cosponsors for FSE charter schools for the purpose of providing
202the highest level of public education to low-income, low-
203performing, gifted, or underserved student populations. Such
204collaborations shall:
205     a.  Allow state universities and community colleges that
206cosponsor FSE charter schools to enable students attending a
207charter school to take college courses and receive high school
208and college credit for such courses.
209     b.  Be used to determine the feasibility of opening charter
210schools for students with disabilities, including, but not
211limited to, charter schools for children with autism that work
212with and utilize the specialized expertise of the Centers for
213Autism and Related Disabilities established and operated
214pursuant to s. 1004.55.
215     14.  Support municipalities when the mayor or chief
216executive, through resolution passed by the governing body of
217the municipality, expresses an intent to cosponsor and establish
218charter schools within the municipal boundaries.
219     15.  Meet the needs of charter schools and school districts
220by uniformly administering high-quality charter schools, thereby
221removing administrative burdens from the school districts.
222     16.  Assist FSE charter schools in negotiating and
223contracting with district school boards that choose to provide
224certain administrative or transportation services to the charter
225schools on a contractual basis.
226     17.  Provide training for members of FSE charter school
227governing bodies within 90 days after approval of the charter
228school. The training shall include, but not be limited to, best
229practices on charter school governance, the constitutional and
230statutory requirements relating to public records and meetings,
231and the requirements of applicable statutes and State Board of
232Education rules.
233     18.  Perform all of the duties of sponsors set forth in s.
2341002.33(5)(b) and (20).
235     (5)  CHARTERING AUTHORITY.--
236     (a)  A charter school applicant may submit an application
237to the commission only if the school district in which the FSE
238charter school is to be located has not retained exclusive
239authority to authorize charter schools as provided in paragraph
240(e). If a district school board has not retained exclusive
241authority to authorize charter schools as provided in paragraph
242(e), the district school board and the commission shall have
243concurrent authority to authorize charter schools and FSE
244charter schools, respectively, to be located within the
245geographic boundaries of the school district. The district
246school board shall monitor and oversee all charter schools
247authorized by the district school board pursuant to s. 1002.33.
248The commission shall monitor and oversee all FSE charter schools
249sponsored by the commission pursuant to subsection (4).
250     (b)  Paragraph (e) may not be construed to eliminate the
251ability of a district school board to authorize charter schools
252pursuant to s. 1002.33. A district school board shall retain the
253authority to reauthorize and to oversee any charter school that
254it has authorized, except with respect to any charter school
255that is converted to an FSE charter school under this section.
256     (c)  For fiscal year 2007-2008 and for each fiscal year
257thereafter, a district school board may seek to retain exclusive
258authority to authorize charter schools within the geographic
259boundaries of the school district by presenting to the State
260Board of Education, on or before March 1 of the fiscal year
261prior to that for which the exclusive authority is to apply, a
262written resolution adopted by the district school board
263indicating the intent to retain exclusive authority to authorize
264charter schools. A district school board may seek to retain the
265exclusive authority to authorize charter schools by presenting
266to the state board the written resolution on or before a date 60
267days after establishment of the commission. The written
268resolution shall be accompanied by a written description
269addressing the elements described in paragraph (e). The district
270school board shall provide a complete copy of the resolution,
271including the description, to each charter school authorized by
272the district school board on or before the date it submits the
273resolution to the state board.
274     (d)  A party may challenge the grant of exclusive authority
275made by the State Board of Education pursuant to paragraph (e)
276by filing with the state board a notice of challenge within 30
277days after the state board grants exclusive authority. The
278notice shall be accompanied by a specific written description of
279the basis for the challenge. The challenging party, at the time
280of filing notice with the state board, shall provide a copy of
281the notice of challenge to the district school board that has
282been granted exclusive authority. The state board shall permit
283the district school board the opportunity to appear and respond
284in writing to the challenge. The state board shall make a
285determination upon the challenge within 60 days after receiving
286the notice of challenge.
287     (e)  The State Board of Education shall grant to a district
288school board exclusive authority to authorize charter schools
289within the geographic boundaries of the school district if the
290state board determines, after adequate notice, in a public
291hearing, and after receiving input from any charter school
292authorized by the district school board, that the district
293school board has provided fair and equitable treatment to its
294charter schools during the 4 years prior to the district school
295board's submission of the resolution described in paragraph (c).
296The state board's review of the resolution shall, at a minimum,
297include consideration of the following:
298     1.  Compliance with the provisions of s. 1002.33.
299     2.  Compliance with full and accurate accounting practices
300and charges for central administrative overhead costs.
301     3.  Compliance with requirements allowing a charter school,
302at its discretion, to purchase certain services or a combination
303of services at actual cost to the district.
304     4.  The absence of a district school board moratorium
305regarding charter schools or the absence of any districtwide
306charter school enrollment limits.
307     5.  Compliance with valid orders of the state board.
308     6.  The provision of assistance to charter schools to meet
309their facilities needs by including those needs in local bond
310issues or otherwise providing available land and facilities that
311are comparable to those provided to other public school students
312in the same grade levels within the school district.
313     7.  The distribution to charter schools authorized by the
314district school board of a pro rata share of federal and state
315grants received by the district school board, except for any
316grant received for a particular purpose which, by its express
317terms, is intended to benefit a student population not able to
318be served by, or a program not able to be offered at, a charter
319school that did not receive a proportionate share of such grant
320proceeds.
321     8.  The provision of adequate staff and other resources to
322serve charter schools authorized by the district school board,
323which services are provided by the district school board at a
324cost to the charter schools that does not exceed their actual
325cost to the district school board.
326     9.  The lack of a policy or practice of imposing individual
327charter school enrollment limits, except as otherwise provided
328by law.
329     10.  The provision of an adequate number of educational
330choice programs to serve students exercising their rights to
331transfer pursuant to the "No Child Left Behind Act of 2001,"
332Pub. L. No. 107-110, and a history of charter school approval
333that encourages chartering.
334     (f)  The decision of the State Board of Education pursuant
335to paragraph (e) shall not be subject to the provisions of
336chapter 120 and shall be a final action subject to judicial
337review by the district court of appeal.
338     (g)  For district school boards that have no discernable
339history of authorizing charter schools, the State Board of
340Education may not grant exclusive authority unless the district
341school board demonstrates that no approvable application has
342come before the district school board.
343     (h)  A grant of exclusive authority by the State Board of
344Education shall continue so long as a district school board
345continues to comply with this section and has presented a
346written resolution to the state board as set forth in paragraph
347(c).
348     (i)  Notwithstanding any other provision of this section to
349the contrary, a district school board may permit the
350establishment of one or more FSE charter schools within the
351geographic boundaries of the school district by adopting a
352favorable resolution and submitting the resolution to the State
353Board of Education. The resolution shall be effective until it
354is rescinded by resolution of the district school board.
355     (6)  APPROVAL OF COSPONSORS.--
356     (a)  The commission shall begin accepting applications by
357municipalities, state universities, community colleges, and
358regional educational consortia no later than January 31, 2007.
359The commission shall review and evaluate all applications for
360compliance with the provisions of paragraph (c) and shall have
36190 days after receipt of an application to approve or deny the
362application unless the 90-day period is waived by the applicant.
363     (b)  The commission shall limit the number of charter
364schools that a cosponsor may approve pursuant to its review of
365the cosponsor's application under paragraph (c). Upon
366application by the cosponsor and review by the commission of the
367performance of a cosponsor's current charter schools, the
368commission may approve a cosponsor's application to raise the
369limit previously set by the commission.
370     (c)  Any entity set forth in paragraph (a) that is
371interested in becoming a cosponsor pursuant to this section
372shall prepare and submit an application to the commission that
373provides evidence that the entity:
374     1.  Has the necessary staff and infrastructure or has
375established the necessary contractual or interagency
376relationships to ensure its ability to handle all of the
377administrative responsibilities required of a charter school
378sponsor as set forth in s. 1002.33(20).
379     2.  Has the necessary staff expertise and infrastructure or
380has established the necessary contractual or interagency
381relationships to ensure that it will approve and is able to
382develop and maintain charter schools of the highest academic
383quality.
384     3.  Is able to provide the necessary public and private
385financial resources and staff to ensure that it can monitor and
386support charter schools that are economically efficient and
387fiscally sound.
388     4.  Is committed to providing equal access to all students
389and to maintaining a diverse student population within its
390charter schools, including compliance with all applicable
391requirements of federal law.
392     5.  Is committed to serving low-income, low-performing,
393gifted, or underserved student populations.
394     6.  Has articulated annual academic and financial goals and
395expected outcomes for its charter schools as well as the methods
396and plans by which it will measure and achieve those goals and
397outcomes.
398     7.  Has policies in place to protect its cosponsoring
399practices from conflicts of interest.
400     (d)  The commission's decision to deny an application or to
401revoke approval of a cosponsor pursuant to subsection (8) is not
402subject to chapter 120 and may be appealed to the State Board of
403Education pursuant to s. 1002.33(6).
404     (7)  COSPONSOR AGREEMENT.--
405     (a)  Upon approval of a cosponsor, the commission and the
406cosponsor shall enter into an agreement that defines the
407cosponsor's rights and obligations and includes the following:
408     1.  An explanation of the personnel, contractual and
409interagency relationships, and potential revenue sources
410referenced in the application as required in paragraph (6)(c).
411     2.  Incorporation of the requirements of equal access for
412all students, including any plans to provide food service or
413transportation reasonably necessary to provide access to as many
414students as possible.
415     3.  Incorporation of the requirement to serve low-income,
416low-performing, gifted, or underserved student populations.
417     4.  An explanation of the academic and financial goals and
418expected outcomes for the cosponsor's charter schools and the
419method and plans by which they will be measured and achieved as
420referenced in the application.
421     5.  The conflict-of-interest policies referenced in the
422application.
423     6.  An explanation of the disposition of facilities and
424assets upon termination and dissolution of a charter school
425approved by the cosponsor.
426     7.  A provision requiring the cosponsor to annually appear
427before the commission and provide a report as to the information
428provided pursuant to s. 1002.33(9)(l) for each of its charter
429schools.
430     8.  A provision requiring that the cosponsor report the
431student enrollment in each of its sponsored charter schools to
432the district school board of the county in which the school is
433located.
434     9.  A provision requiring that the cosponsor work with the
435commission to provide the necessary reports to the State Board
436of Education.
437     10.  Any other reasonable terms deemed appropriate by the
438commission given the unique characteristics of the cosponsor.
439     (b)  No cosponsor may receive applications for charter
440schools until a cosponsor agreement with the commission has been
441approved and signed by the commission and the appropriate
442individuals or governing bodies of the cosponsor.
443     (c)  The cosponsor agreement shall be proposed and
444negotiated pursuant to the timeframes set forth in s.
4451002.33(6)(i).
446     (d)  The cosponsor agreement shall be attached to and shall
447govern all charter school contracts entered into by the
448cosponsor.
449     (8)  CAUSES FOR REVOCATION OF APPROVAL OF A COSPONSOR.--If
450at any time the commission finds that a cosponsor is not in
451compliance, or is no longer willing to comply, with its contract
452with a charter school or with its cosponsor agreement with the
453commission, the commission shall provide notice and a hearing in
454accordance with State Board of Education rule. If after a
455hearing the commission confirms its initial finding, the
456commission shall revoke the cosponsor's approval. The commission
457shall assume temporary sponsorship over any charter school
458sponsored by the cosponsor at the time of revocation.
459Thereafter, the commission may assume permanent sponsorship over
460such school or allow the school's governing body to apply to
461another sponsor or cosponsor.
462     (9)  CHARTER SCHOOL APPLICATION AND REVIEW.--Charter school
463applications submitted to the commission or to a cosponsor
464approved by the commission pursuant to subsection (6) shall be
465subject to the same requirements set forth in s. 1002.33(6). The
466commission or cosponsor shall receive and review all
467applications for FSE charter schools according to the provisions
468for review of charter school applications under s.
4691002.33(6)(b).
470     (10)  APPLICATIONS OF EXISTING CHARTER SCHOOLS.--
471     (a)  An application may be submitted pursuant to this
472section by an existing charter school approved by a district
473school board provided that the obligations of its charter
474contract with the district school board will expire prior to
475entering into a new charter contract with the commission or one
476of its cosponsors. A district school board may agree to rescind
477or waive the obligations of a current charter contract to allow
478an application to be submitted by an existing charter school
479pursuant to this section. A charter school that changes sponsors
480pursuant to this subsection shall be allowed to continue the use
481of all facilities, equipment, and other assets it owned or
482leased prior to the expiration or rescission of its contract
483with a district school board sponsor.
484     (b)  An application to the commission or one of its
485cosponsors by a conversion charter school may only be submitted
486upon consent of the district school board. In such instance, the
487district school board may retain the facilities, equipment, and
488other assets of the conversion charter school for its own use or
489agree to reasonable terms for their continued use by the
490conversion charter school.
491     (11)  APPLICATION OF CHARTER SCHOOL STATUTE.--
492     (a)  The provisions of s. 1002.33(7)-(12), (14), and
493(16)-(19) shall apply to the commission and the cosponsors and
494charter schools approved pursuant to this section.
495     (b)  The provisions of s. 1002.33(20) shall apply to the
496commission and the cosponsors and charter schools approved
497pursuant to this section with the exception that the commission
498or a cosponsor of a charter school approved pursuant to this
499section may retain no more than the actual cost of its
500administrative overhead costs expended to sponsor the charter
501school not to exceed 5 percent of the funding provided to the
502charter school.
503     (12)  ACCESS TO INFORMATION.--The commission shall provide
504maximum access to information to all parents in the state. It
505shall maintain information systems, including, but not limited
506to, a user-friendly Internet website, that will provide
507information and data necessary for parents to make informed
508decisions. At a minimum, the commission must provide parents
509with information on its accountability standards, links to
510schools of excellence throughout the state, and public education
511programs available in the state.
512     (13)  ANNUAL REPORT.--Each year, the chair of the
513commission shall appear before the State Board of Education and
514submit a report regarding the academic performance and fiscal
515responsibility of all charter schools and cosponsors approved
516under this section.
517     (14)  IMPLEMENTATION.--The State Board of Education shall
518adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to
519facilitate the implementation of this section.
520     Section 2.  Paragraphs (d) through (h) of subsection (6) of
521section 1002.33, Florida Statutes, are redesignated as
522paragraphs (e) through (i), respectively, a new paragraph (d) is
523added to that subsection, and paragraph (b) of subsection (5),
524paragraph (f) of subsection (8), and paragraph (a) of subsection
525(17) of that section are amended, to read:
526     1002.33  Charter schools.--
527     (5)  SPONSOR; DUTIES.--
528     (b)  Sponsor duties.--
529     1.a.  The sponsor shall monitor and review the charter
530school in its progress toward the goals established in the
531charter.
532     b.2.  The sponsor shall monitor the revenues and
533expenditures of the charter school.
534     c.3.  The sponsor may approve a charter for a charter
535school before the applicant has secured space, equipment, or
536personnel, if the applicant indicates approval is necessary for
537it to raise working capital.
538     d.4.  The sponsor's policies shall not apply to a charter
539school.
540     e.5.  The sponsor shall ensure that the charter is
541innovative and consistent with the state education goals
542established by s. 1000.03(5).
543     f.6.  The sponsor shall ensure that the charter school
544participates in the state's education accountability system. If
545a charter school falls short of performance measures included in
546the approved charter, the sponsor shall report such shortcomings
547to the Department of Education.
548     g.  The sponsor shall not be liable for civil damages under
549state law for personal injury, property damage, or death
550resulting from an act or omission of an officer, employee,
551agent, or governing body of the charter school.
552     h.  The sponsor shall not be liable for civil damages under
553state law for any employment actions taken by an officer,
554employee, agent, or governing body of the charter school.
555     i.  The sponsor's duties to monitor the charter school
556shall not constitute the basis for a private cause of action.
557     2.  Immunity for the sponsor of a charter school under
558subparagraph 1. applies only with respect to acts or omissions
559not under the sponsor's direct authority as described in this
560section.
561     3.  Nothing contained in this paragraph shall be considered
562a waiver of sovereign immunity by a district school board.
563     4.  A community college may work with the school district
564or school districts in its designated service area to develop
565charter schools that offer secondary education. These charter
566schools must include an option for students to receive an
567associate degree upon high school graduation. District school
568boards shall cooperate with and assist the community college on
569the charter application. Community college applications for
570charter schools are not subject to the time deadlines outlined
571in subsection (6) and may be approved by the district school
572board at any time during the year. Community colleges shall not
573report FTE for any students who receive FTE funding through the
574Florida Education Finance Program.
575     (6)  APPLICATION PROCESS AND REVIEW.--Beginning September
5761, 2003, applications are subject to the following requirements:
577     (d)  For charter school applications in school districts
578that have not been granted exclusive authority to sponsor
579charter schools pursuant to s. 1002.335(5), the right to appeal
580an application denial under paragraph (c) shall be contingent on
581the applicant having submitted the same or a substantially
582similar application to the Florida Schools of Excellence
583Commission or one of its cosponsors. Any such applicant whose
584application is denied by the commission or one of its cosponsors
585subsequent to its denial by the district school board may
586exercise its right to appeal the district school board's denial
587under paragraph (c) within 30 days after receipt of the
588commission's or cosponsor's denial or failure to act on the
589application. However, the applicant forfeits its right to appeal
590under paragraph (c) if it fails to submit its application to the
591commission or one of its cosponsors by August 1 of the school
592year immediately following the district school board's denial of
593the application.
594     (8)  CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.--
595     (f)  If a charter is not renewed or is terminated, the
596charter school is responsible for all debts of the charter
597school. The district may not assume the debt from any contract
598for services made between the governing body of the school and a
599third party, except for a debt that is previously detailed and
600agreed upon in writing by both the district and the governing
601body of the school and that may not reasonably be assumed to
602have been satisfied by the district.
603     (17)  FUNDING.--Students enrolled in a charter school,
604regardless of the sponsorship, shall be funded as if they are in
605a basic program or a special program, the same as students
606enrolled in other public schools in the school district. Funding
607for a charter lab school shall be as provided in s. 1002.32.
608     (a)  Each charter school shall report its student
609enrollment to the sponsor district school board as required in
610s. 1011.62, and in accordance with the definitions in s.
6111011.61. The sponsor district school board shall include each
612charter school's enrollment in the district's report of student
613enrollment. All charter schools submitting student record
614information required by the Department of Education shall comply
615with the Department of Education's guidelines for electronic
616data formats for such data, and all districts shall accept
617electronic data that complies with the Department of Education's
618electronic format.
619     Section 3.  The following sums of money and full-time
620equivalent positions are appropriated from general revenue to
621the State Board of Education for the 2006-2007 fiscal year for
622the purpose of administering this act:
623     (1)  Three full-time equivalent positions and 165,000 in
624approved annual salary rate.
625     (2)  The sum of $214,630 from recurring general revenue
626funds for salaries and benefits.
627     (3)  The sum of $199,238 from recurring general revenue
628funds for expenses.
629     (4)  The sum of $5,700 from nonrecurring general revenue
630funds for operating capital outlay.
631     (5)  The sum of $1,179 from recurring general revenue funds
632for transfer to the Department of Management Services for the
633Human Resource Services Statewide Contract.
634     Section 4.  This act shall take effect July 1, 2006.


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