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