Senate Bill sb2424
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Florida Senate - 2006 SB 2424
By Senator Webster
9-1428B-06
1 A bill to be entitled
2 An act relating to charter schools; amending s.
3 1002.33, F.S.; revising the purposes for which
4 a charter school may be established; revising
5 certain requirements following the denial of an
6 application for a conversion charter school by
7 a district school board; providing for mutually
8 agreed upon policies of a sponsor to apply to a
9 charter school; requiring that the director,
10 governing board, and sponsor of a charter
11 school take certain action if the school is
12 graded "D" or "F"; revising certain
13 requirements for applying for a charter school;
14 requiring that the district school board
15 provide documentation of its denial of an
16 application to the applicant and the Department
17 of Education; providing for the district court
18 of appeal to review a decision by the State
19 Board of Education to deny an application for a
20 charter school; removing the authority of the
21 Charter School Appeal Commission to review a
22 dispute that is unresolved following mediation;
23 requiring that the Department of Education
24 provide certain training and assistance to
25 applicants for a charter school; revising the
26 requirements for developing a proposed charter;
27 providing that a charter termination or
28 nonrenewal is not subject to administrative
29 review; requiring that the governing board of
30 the charter school, the sponsor, and the
31 Department of Education be notified if an audit
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1 reveals a state of financial emergency with
2 respect to the school; requiring such a school
3 to file a financial-recovery plan with the
4 sponsor; requiring the department to establish
5 guidelines for financial-recovery plans;
6 revising the initial term for a charter school
7 and extending the authorized length of the
8 charter for a school operated by specified
9 entities; revising circumstances under which a
10 charter may be terminated or not renewed;
11 providing notice requirements following the
12 termination of a charter; providing for certain
13 funds to revert to the sponsor rather than the
14 district school board following nonrenewal or
15 termination of a charter; requiring that a
16 charter school notify the sponsor and file a
17 financial-recovery plan following an audit
18 indicating a state of financial emergency;
19 requiring that the Department of Education
20 develop an on-line annual accountability report
21 for charter schools; authorizing a charter
22 school to use certain specified facilities to
23 house the school; exempting a charter school
24 from occupational fees; requiring that a
25 sponsor assist the charter school in fulfilling
26 eligibility requirements for the federal lunch
27 program; revising requirements for the
28 Department of Education in providing
29 information to the public regarding charter
30 schools; requiring the department to provide
31 the staff for a Charter School Review Panel;
2
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1 requiring future legislative review of the
2 operation of charter schools; amending s.
3 1003.05, F.S.; removing charter schools from
4 the special academic programs provided for
5 students from military families; amending s.
6 1013.62, F.S.; revising eligibility
7 requirements for a charter school to receive
8 capital outlay funding; providing an order of
9 priority for allocations; providing for such
10 funds to be used for additional purposes;
11 amending s. 218.39, F.S.; including charter
12 schools within provisions governing annual
13 financial audit reports; amending ss. 218.50,
14 218.501, 218.503, and 218.504, F.S.;
15 designating ss. 218.50-218.504, F.S., as the
16 "Local Governmental Entity, Charter School, and
17 District School Board Financial Emergencies
18 Act"; including charter schools within
19 provisions requiring review and oversight by
20 the Governor, the charter school sponsor, or
21 the Commissioner of Education in the event of a
22 financial emergency; requiring that a charter
23 school notify the charter school sponsor and
24 the Legislative Auditing Committee when certain
25 events occur; prescribing actions to be taken
26 by the charter school; amending s. 1002.32,
27 F.S.; providing for a charter lab school to
28 receive funding for student transportation
29 under certain circumstances; providing an
30 effective date.
31
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Florida Senate - 2006 SB 2424
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1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Section 1002.33, Florida Statutes, is
4 amended to read:
5 1002.33 Charter schools.--
6 (1) AUTHORIZATION.--Charter schools shall be part of
7 the state's program of public education. All charter schools
8 in Florida are public schools. A charter school may be formed
9 by creating a new school or converting an existing public
10 school to charter status. A public school may not use the term
11 charter in its name unless it has been approved under this
12 section.
13 (2) GUIDING PRINCIPLES; PURPOSE.--
14 (a) Charter schools in Florida shall be guided by the
15 following principles:
16 1. Meet high standards of student achievement while
17 providing parents flexibility to choose among diverse
18 educational opportunities within the state's public school
19 system.
20 2. Promote enhanced academic success and financial
21 efficiency by aligning responsibility with accountability.
22 3. Provide parents with sufficient information on
23 whether their child is reading at grade level and whether the
24 child gains at least a year's worth of learning for every year
25 spent in the charter school.
26 (b) Charter schools shall fulfill at least one of the
27 following purposes:
28 1. Improve student learning and academic achievement.
29 2. Increase learning opportunities for all students,
30 with special emphasis on low-performing students and reading.
31
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1 3. Create new professional opportunities for teachers,
2 including ownership of the learning program at the school
3 site.
4 4. Encourage the use of innovative learning methods.
5 5. Require the measurement of learning outcomes.
6 (c) Charter schools may fulfill the following
7 purposes:
8 1. Create innovative measurement tools.
9 2. Provide rigorous competition within the public
10 school district to stimulate continual improvement in all
11 public schools.
12 3. Expand the capacity of the public school system.
13 4. Mitigate the educational impact created by the
14 development of new residential dwelling units.
15 (3) APPLICATION FOR CHARTER STATUS.--
16 (a) An application for a new charter school may be
17 made by an individual, teachers, parents, a group of
18 individuals, a municipality, or a legal entity organized under
19 the laws of this state.
20 (b) An application for a conversion charter school
21 shall be made by the district school board, the principal,
22 teachers, parents, or and/or the school advisory council at an
23 existing public school that has been in operation for at least
24 2 years prior to the application to convert., including A
25 public school-within-a-school that is designated as a school
26 by the district school board may also submit an application to
27 convert to charter status. An application submitted proposing
28 to convert an existing public school to a charter school shall
29 demonstrate the support of at least 50 percent of the teachers
30 employed at the school and 50 percent of the parents voting
31 whose children are enrolled at the school, provided that a
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1 majority of the parents eligible to vote participate in the
2 ballot process, according to rules adopted by the State Board
3 of Education. A district school board denying an application
4 for a conversion charter school shall provide notice of denial
5 to the applicants in writing within 10 30 days after the
6 meeting at which the district school board denied the
7 application. The notice must identify specify the specific
8 exact reasons for denial and must provide documentation
9 supporting those reasons. A private school, parochial school,
10 or home education program shall not be eligible for charter
11 school status.
12 (4) UNLAWFUL REPRISAL.--
13 (a) No district school board, or district school board
14 employee who has control over personnel actions, shall take
15 unlawful reprisal against another district school board
16 employee because that employee is either directly or
17 indirectly involved with an application to establish a charter
18 school. As used in this subsection, the term "unlawful
19 reprisal" means an action taken by a district school board or
20 a school system employee against an employee who is directly
21 or indirectly involved in a lawful application to establish a
22 charter school, which occurs as a direct result of that
23 involvement, and which results in one or more of the
24 following: disciplinary or corrective action; adverse transfer
25 or reassignment, whether temporary or permanent; suspension,
26 demotion, or dismissal; an unfavorable performance evaluation;
27 a reduction in pay, benefits, or rewards; elimination of the
28 employee's position absent of a reduction in workforce as a
29 result of lack of moneys or work; or other adverse significant
30 changes in duties or responsibilities that are inconsistent
31 with the employee's salary or employment classification. The
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1 following procedures shall apply to an alleged unlawful
2 reprisal that occurs as a consequence of an employee's direct
3 or indirect involvement with an application to establish a
4 charter school:
5 1. Within 60 days after the date upon which a reprisal
6 prohibited by this subsection is alleged to have occurred, an
7 employee may file a complaint with the Department of
8 Education.
9 2. Within 3 working days after receiving a complaint
10 under this section, the Department of Education shall
11 acknowledge receipt of the complaint and provide copies of the
12 complaint and any other relevant preliminary information
13 available to each of the other parties named in the complaint,
14 which parties shall each acknowledge receipt of such copies to
15 the complainant.
16 3. If the Department of Education determines that the
17 complaint demonstrates reasonable cause to suspect that an
18 unlawful reprisal has occurred, the Department of Education
19 shall conduct an investigation to produce a fact-finding
20 report.
21 4. Within 90 days after receiving the complaint, the
22 Department of Education shall provide the district school
23 superintendent of the complainant's district and the
24 complainant with a fact-finding report that may include
25 recommendations to the parties or a proposed resolution of the
26 complaint. The fact-finding report shall be presumed
27 admissible in any subsequent or related administrative or
28 judicial review.
29 5. If the Department of Education determines that
30 reasonable grounds exist to believe that an unlawful reprisal
31 has occurred, is occurring, or is to be taken, and is unable
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1 to conciliate a complaint within 60 days after receipt of the
2 fact-finding report, the Department of Education shall
3 terminate the investigation. Upon termination of any
4 investigation, the Department of Education shall notify the
5 complainant and the district school superintendent of the
6 termination of the investigation, providing a summary of
7 relevant facts found during the investigation and the reasons
8 for terminating the investigation. A written statement under
9 this paragraph is presumed admissible as evidence in any
10 judicial or administrative proceeding.
11 6. The Department of Education shall either contract
12 with the Division of Administrative Hearings under s. 120.65,
13 or otherwise provide for a complaint for which the Department
14 of Education determines reasonable grounds exist to believe
15 that an unlawful reprisal has occurred, is occurring, or is to
16 be taken, and is unable to conciliate, to be heard by a panel
17 of impartial persons. Upon hearing the complaint, the panel
18 shall make findings of fact and conclusions of law for a final
19 decision by the Department of Education.
20
21 It shall be an affirmative defense to any action brought
22 pursuant to this section that the adverse action was
23 predicated upon grounds other than, and would have been taken
24 absent, the employee's exercise of rights protected by this
25 section.
26 (b) In any action brought under this section for which
27 it is determined reasonable grounds exist to believe that an
28 unlawful reprisal has occurred, is occurring, or is to be
29 taken, the relief shall include the following:
30 1. Reinstatement of the employee to the same position
31 held before the unlawful reprisal was commenced, or to an
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1 equivalent position, or payment of reasonable front pay as
2 alternative relief.
3 2. Reinstatement of the employee's full fringe
4 benefits and seniority rights, as appropriate.
5 3. Compensation, if appropriate, for lost wages,
6 benefits, or other lost remuneration caused by the unlawful
7 reprisal.
8 4. Payment of reasonable costs, including attorney's
9 fees, to a substantially prevailing employee, or to the
10 prevailing employer if the employee filed a frivolous action
11 in bad faith.
12 5. Issuance of an injunction, if appropriate, by a
13 court of competent jurisdiction.
14 6. Temporary reinstatement to the employee's former
15 position or to an equivalent position, pending the final
16 outcome of the complaint, if it is determined that the action
17 was not made in bad faith or for a wrongful purpose, and did
18 not occur after a district school board's initiation of a
19 personnel action against the employee that includes
20 documentation of the employee's violation of a disciplinary
21 standard or performance deficiency.
22 (5) SPONSOR; DUTIES.--
23 (a) Sponsoring entities.--
24 1. A district school board may sponsor a charter
25 school in the county over which the district school board has
26 jurisdiction.
27 2. A state university may grant a charter to a lab
28 school created under s. 1002.32 and shall be considered to be
29 the school's sponsor. Such school shall be considered a
30 charter lab school.
31 (b) Sponsor duties.--
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1 1. The sponsor shall monitor and review the charter
2 school in its progress toward the goals established in the
3 charter.
4 2. The sponsor shall monitor the revenues and
5 expenditures of the charter school.
6 3. The sponsor may approve a charter for a charter
7 school before the applicant has secured space, equipment, or
8 personnel, if the applicant indicates approval is necessary
9 for it to raise working funds capital.
10 4. The sponsor's policies shall not apply to a charter
11 school unless mutually agreed to by both the sponsor and the
12 charter school.
13 5. The sponsor shall ensure that the charter is
14 innovative and consistent with the state education goals
15 established by s. 1000.03(5).
16 6. The sponsor shall ensure that the charter school
17 participates in the state's education accountability system.
18 If a charter school falls short of performance measures
19 included in the approved charter, the sponsor shall report
20 such shortcomings to the Department of Education.
21 7. The director and a representative of the governing
22 board of a charter school graded "D" or "F" shall appear
23 before the sponsor or the sponsor's staff at least once each
24 year to present information concerning each contract component
25 having noted deficiencies and to address corrective strategies
26 that are being implemented by the school. The sponsor shall
27 communicate at the meeting, and in writing to the school's
28 director and the Department of Education, the services being
29 provided to the school to help the school address its
30 deficiencies.
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1 A community college may work with the school district or
2 school districts in its designated service area to develop
3 charter schools that offer secondary education. These charter
4 schools must include an option for students to receive an
5 associate degree upon high school graduation. District school
6 boards shall cooperate with and assist the community college
7 on the charter application. Community college applications for
8 charter schools are not subject to the time deadlines outlined
9 in subsection (6) and may be approved by the district school
10 board at any time during the year. Community colleges shall
11 not report FTE for any students who receive FTE funding
12 through the Florida Education Finance Program.
13 (6) APPLICATION PROCESS AND REVIEW.--Each application
14 for a charter school is Beginning September 1, 2003,
15 applications are subject to the following requirements:
16 (a) A person or entity wishing to open a charter
17 school shall prepare an application that:
18 1. Demonstrates how the school will use the guiding
19 principles and meet the statutorily defined purpose of a
20 charter school.
21 2. Provides a detailed curriculum plan that
22 illustrates how students will be provided services to attain
23 the Sunshine State Standards.
24 3. Contains goals and objectives for improving student
25 learning and measuring that improvement. These goals and
26 objectives must indicate how much academic improvement
27 students are expected to show each year, how success will be
28 evaluated, and the specific results to be attained through
29 instruction.
30 4. Describes the reading curriculum and differentiated
31 strategies that will be used for students reading at grade
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1 level or higher and a separate curriculum and strategies for
2 students who are reading below grade level. A sponsor shall
3 deny a charter if the school does not propose a reading
4 curriculum that is consistent with effective teaching
5 strategies that are grounded in scientifically based reading
6 research.
7 5. Contains an annual financial plan for each year
8 requested by the charter for operation of the school for up to
9 5 years. This plan must contain anticipated fund balances
10 based on revenue projections, a spending plan based on
11 projected revenues and expenses, and a description of controls
12 that will safeguard finances and projected enrollment trends.
13 (b) A district school board shall receive and review
14 all applications for a charter school. Beginning with the
15 2007-2008 school year, a district school board shall receive
16 and consider charter school applications received on or before
17 August September 1 of each calendar year for charter schools
18 to be opened at the beginning of the school district's next
19 school year, or to be opened at a time agreed to by the
20 applicant and the district school board. A district school
21 board may receive applications later than this date if it
22 chooses. A sponsor may not charge an applicant for a charter
23 any fee for the processing or consideration of an application,
24 and a sponsor may not base its consideration or approval of an
25 application upon the promise of future payment of any kind.
26 1. In order to facilitate an accurate budget
27 projection process, a district school board shall be held
28 harmless for FTE students who are not included in the FTE
29 projection due to approval of charter school applications
30 after the FTE projection deadline. In a further effort to
31 facilitate an accurate budget projection, within 15 calendar
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1 days after receipt of a charter school application, a district
2 school board or other sponsor shall report to the Department
3 of Education the name of the applicant entity, the proposed
4 charter school location, and its projected FTE.
5 2. In order to ensure fiscal responsibility, an
6 application for a charter school shall include a full
7 accounting of expected assets, a projection of expected
8 sources and amounts of income, including income derived from
9 projected student enrollments and from community support, and
10 an expense projection that includes full accounting of the
11 costs of operation, including start-up costs.
12 3. A district school board shall by a majority vote
13 approve or deny an application no later than 60 calendar days
14 after the application is received, unless the district school
15 board and the applicant mutually agree in writing to
16 temporarily postpone the vote to a specific date, at which
17 time the district school board shall by a majority vote
18 approve or deny the application. If the district school board
19 fails to act on the application, an applicant may appeal to
20 the State Board of Education as provided in paragraph (c). If
21 an application is denied, the district school board shall,
22 within 10 calendar days, articulate in writing the specific
23 reasons for based upon good cause supporting its denial of the
24 charter application and provide a letter of denial and
25 supporting documentation to the applicant and to the
26 Department of Education supporting those reasons.
27 4. For budget projection purposes, the district school
28 board or other sponsor shall report to the Department of
29 Education the approval or denial of a charter application
30 within 10 calendar days after such approval or denial. In the
31 event of approval, the report to the Department of Education
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1 shall include the final projected FTE for the approved charter
2 school.
3 5. Upon approval of a charter application, the initial
4 startup shall commence with the beginning of the public school
5 calendar for the district in which the charter is granted
6 unless the district school board allows a waiver of this
7 provision for good cause.
8 (c) An applicant may appeal any denial of that
9 applicant's application or failure to act on an application to
10 the State Board of Education no later than 30 calendar days
11 after receipt of the district school board's decision or
12 failure to act and shall notify the district school board of
13 its appeal. Any response of the district school board shall be
14 submitted to the State Board of Education within 30 calendar
15 days after notification of the appeal. Upon receipt of
16 notification from the State Board of Education that a charter
17 school applicant is filing an appeal, the Commissioner of
18 Education shall convene a meeting of the Charter School Appeal
19 Commission to study and make recommendations to the State
20 Board of Education regarding its pending decision about the
21 appeal. The commission shall forward its recommendation to the
22 state board no later than 7 calendar days prior to the date on
23 which the appeal is to be heard. The State Board of Education
24 shall by majority vote accept or reject the decision of the
25 district school board no later than 90 calendar days after an
26 appeal is filed in accordance with State Board of Education
27 rule. The Charter School Appeal Commission may reject an
28 appeal submission for failure to comply with procedural rules
29 governing the appeals process. The rejection shall describe
30 the submission errors. The appellant may have up to 15
31 calendar days from notice of rejection to resubmit an appeal
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1 that meets requirements of State Board of Education rule. An
2 application for appeal submitted subsequent to such rejection
3 shall be considered timely if the original appeal was filed
4 within 30 calendar days after receipt of notice of the
5 specific reasons for the district school board's denial of the
6 charter application. The State Board of Education shall remand
7 the application to the district school board with its written
8 decision that the district school board approve or deny the
9 application. The district school board shall implement the
10 decision of the State Board of Education. The decision of the
11 State Board of Education is not subject to the provisions of
12 the Administrative Procedure Act, chapter 120.
13 (d) The district school board shall act upon the
14 decision of the State Board of Education within 30 calendar
15 days after it is received. The State Board of Education's
16 decision is a final action subject to judicial review in the
17 district court of appeal.
18 (e)1. A Charter School Appeal Commission is
19 established to assist the commissioner and the State Board of
20 Education with a fair and impartial review of appeals by
21 applicants whose charter applications have been denied, whose
22 charter contracts have not been renewed, or whose charter
23 contracts have been terminated by their sponsors, or whose
24 disputes over contract negotiations have not been resolved
25 through mediation.
26 2. The Charter School Appeal Commission may receive
27 copies of the appeal documents forwarded to the State Board of
28 Education, review the documents, gather other applicable
29 information regarding the appeal, and make a written
30 recommendation to the commissioner. The recommendation must
31 state whether the appeal should be upheld or denied and
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1 include the reasons for the recommendation being offered. The
2 commissioner shall forward the recommendation to the State
3 Board of Education no later than 7 calendar days prior to the
4 date on which the appeal is to be heard. The state board must
5 consider the commission's recommendation in making its
6 decision, but is not bound by the recommendation. The decision
7 of the Charter School Appeal Commission is not subject to the
8 provisions of the Administrative Procedure Act, chapter 120.
9 3. The commissioner shall appoint the members of the
10 Charter School Appeal Commission. Members shall serve without
11 compensation but may be reimbursed for travel and per diem
12 expenses in conjunction with their service. One-half of the
13 members must represent currently operating charter schools,
14 and one-half of the members must represent school districts.
15 The commissioner or a named designee shall chair the Charter
16 School Appeal Commission.
17 4. The chair shall convene meetings of the commission
18 and shall ensure that the written recommendations are
19 completed and forwarded in a timely manner. In cases where the
20 commission cannot reach a decision, the chair shall make the
21 written recommendation with justification, noting that the
22 decision was rendered by the chair.
23 5. Commission members shall thoroughly review the
24 materials presented to them from the appellant and the
25 sponsor. The commission may request information to clarify the
26 documentation presented to it. In the course of its review,
27 the commission may facilitate the postponement of an appeal in
28 those cases where additional time and communication may negate
29 the need for a formal appeal and both parties agree, in
30 writing, to postpone the appeal to the State Board of
31 Education. A new date certain for the appeal shall then be set
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1 based upon the rules and procedures of the State Board of
2 Education. Commission members shall provide a written
3 recommendation to the state board as to whether the appeal
4 should be upheld or denied. A fact-based justification for the
5 recommendation must be included. The chair must ensure that
6 the written recommendation is submitted to the State Board of
7 Education members no later than 7 calendar days prior to the
8 date on which the appeal is to be heard. Both parties in the
9 case shall also be provided a copy of the recommendation.
10 (f) The Department of Education must offer or arrange
11 for training and technical assistance to each charter school
12 applicant in developing its business plan and estimating costs
13 and income. This assistance must address estimating start-up
14 costs, projecting enrollment, and identifying the types and
15 amounts of state and federal financial assistance the charter
16 school will be eligible to receive. The department of
17 Education may provide additional technical assistance to an
18 applicant upon written request.
19 (g) In considering charter applications for a lab
20 school, a state university shall consult with the district
21 school board of the county in which the lab school is located.
22 The decision of a state university may be appealed pursuant to
23 the procedure established in this subsection.
24 (h) The terms and conditions for the operation of a
25 charter school shall be set forth by the sponsor and the
26 applicant in a written contractual agreement, called a
27 charter. The sponsor shall not impose unreasonable rules or
28 regulations that violate the intent of giving charter schools
29 greater flexibility to meet educational goals. The applicant
30 and sponsor shall have 3 6 months in which to mutually agree
31 to the provisions of the charter. The proposed charter must be
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1 provided to the charter school at least 7 calendar days before
2 the date on which the charter application is scheduled to be
3 heard by the sponsor. The Department of Education shall
4 provide mediation services for any dispute regarding this
5 section subsequent to the approval of a charter application
6 and for any dispute relating to the approved charter, except
7 disputes regarding charter school application denials. If the
8 Commissioner of Education determines that the dispute cannot
9 be settled through mediation, the dispute may be appealed to
10 an administrative law judge appointed by the Division of
11 Administrative Hearings. The administrative law judge may rule
12 on issues of equitable treatment of the charter school as a
13 public school, whether proposed provisions of the charter
14 violate the intended flexibility granted charter schools by
15 statute, or on any other matter regarding this section, except
16 a charter school application denial, a charter termination, or
17 a charter nonrenewal, and shall award the prevailing party
18 reasonable attorney's fees and costs incurred to be paid by
19 the losing party. The costs of the administrative hearing
20 shall be paid by the party whom the administrative law judge
21 rules against.
22 (7) CHARTER.--The major issues involving the operation
23 of a charter school shall be considered in advance and written
24 into the charter. The charter shall be signed by the governing
25 body of the charter school and the sponsor, following a public
26 hearing to ensure community input.
27 (a) The charter shall address, and criteria for
28 approval of the charter shall be based on:
29 1. The school's mission, the students to be served,
30 and the ages and grades to be included.
31
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1 2. The focus of the curriculum, the instructional
2 methods to be used, any distinctive instructional techniques
3 to be employed, and identification and acquisition of
4 appropriate technologies needed to improve educational and
5 administrative performance which include a means for promoting
6 safe, ethical, and appropriate uses of technology which comply
7 with legal and professional standards. The charter shall
8 ensure that reading is a primary focus of the curriculum and
9 that resources are provided to identify and provide
10 specialized instruction for students who are reading below
11 grade level. The curriculum and instructional strategies for
12 reading must be consistent with the Sunshine State Standards
13 and grounded in scientifically based reading research.
14 3. The current incoming baseline standard of student
15 academic achievement, the outcomes to be achieved, and the
16 method of measurement that will be used. The criteria listed
17 in this subparagraph shall include a detailed description for
18 each of the following:
19 a. How the baseline student academic achievement
20 levels and prior rates of academic progress will be
21 established.
22 b. How these baseline rates will be compared to rates
23 of academic progress achieved by these same students while
24 attending the charter school.
25 c. To the extent possible, how these rates of progress
26 will be evaluated and compared with rates of progress of other
27 closely comparable student populations.
28
29 The district school board is required to provide academic
30 student performance data to charter schools for each of their
31 students coming from the district school system, as well as
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1 rates of academic progress of comparable student populations
2 in the district school system.
3 4. The methods used to identify the educational
4 strengths and needs of students and how well educational goals
5 and performance standards are met by students attending the
6 charter school. Included in the methods is a means for the
7 charter school to ensure accountability to its constituents by
8 analyzing student performance data and by evaluating the
9 effectiveness and efficiency of its major educational
10 programs. Students in charter schools shall, at a minimum,
11 participate in the statewide assessment program created under
12 s. 1008.22.
13 5. In secondary charter schools, a method for
14 determining that a student has satisfied the requirements for
15 graduation in s. 1003.43.
16 6. A method for resolving conflicts between the
17 governing body of the charter school and the sponsor.
18 7. The admissions procedures and dismissal procedures,
19 including the school's code of student conduct.
20 8. The ways by which the school will achieve a
21 racial/ethnic balance reflective of the community it serves or
22 within the racial/ethnic range of other public schools in the
23 same school district.
24 9. The financial and administrative management of the
25 school, including a reasonable demonstration of the
26 professional experience or competence of those individuals or
27 organizations applying to operate the charter school or those
28 hired or retained to perform such professional services and
29 the description of clearly delineated responsibilities and the
30 policies and practices needed to effectively manage the
31 charter school. A description of internal audit procedures and
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1 establishment of controls to ensure that financial resources
2 are properly managed must be included. Both public sector and
3 private sector professional experience shall be equally valid
4 in such a consideration.
5 10. The asset and liability projections required in
6 the application which are incorporated into the charter and
7 which shall be compared with information provided in the
8 annual report of the charter school. The charter shall ensure
9 that, if a charter school internal audit or annual financial
10 audit reveals a state of financial emergency as defined in s.
11 218.503 or a deficit financial position, the auditors are
12 required to notify the charter school governing board, the
13 sponsor, and the Department of Education. The internal auditor
14 shall report such findings in the form of an exit interview to
15 the principal or the principal administrator of the charter
16 school and the chair of the governing board within 7 working
17 days after finding the state of financial emergency or deficit
18 position. A final report shall be provided to the entire
19 governing board, the sponsor, and the Department of Education
20 within 14 working days after the exit interview. When a
21 charter school is in a state of financial emergency, the
22 charter school must file a detailed financial-recovery plan
23 with the sponsor. The department shall establish guidelines,
24 with involvement from school districts and charter schools,
25 for developing such plans.
26 11. A description of procedures that identify various
27 risks and provide for a comprehensive approach to reduce the
28 impact of losses; plans to ensure the safety and security of
29 students and staff; plans to identify, minimize, and protect
30 others from violent or disruptive student behavior; and the
31 manner in which the school will be insured, including whether
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1 or not the school will be required to have liability
2 insurance, and, if so, the terms and conditions thereof and
3 the amounts of coverage.
4 12. The term of the charter which shall provide for
5 cancellation of the charter if insufficient progress has been
6 made in attaining the student achievement objectives of the
7 charter and if it is not likely that such objectives can be
8 achieved before expiration of the charter. The initial term of
9 a charter shall be for 3, 4, or 5 years. In order to
10 facilitate access to long-term financial resources for charter
11 school construction, charter schools that are operated by a
12 municipality or other public entity as provided by law are
13 eligible for up to a 15-year charter, subject to approval by
14 the district school board. A charter lab school is eligible
15 for a charter for a term of up to 15 years. In addition, to
16 facilitate access to long-term financial resources for charter
17 school construction, charter schools that are operated by a
18 private, not-for-profit, s. 501(c)(3) status corporation are
19 eligible for up to a 15-year 10-year charter, subject to
20 approval by the district school board. Such long-term charters
21 remain subject to annual review and may be terminated during
22 the term of the charter, but only for specific good cause
23 according to the provisions set forth in subsection (8).
24 13. The facilities to be used and their location.
25 14. The qualifications to be required of the teachers
26 and the potential strategies used to recruit, hire, train, and
27 retain qualified staff to achieve best value.
28 15. The governance structure of the school, including
29 the status of the charter school as a public or private
30 employer as required in paragraph (12)(i).
31
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1 16. A timetable for implementing the charter which
2 addresses the implementation of each element thereof and the
3 date by which the charter shall be awarded in order to meet
4 this timetable.
5 17. In the case of an existing public school being
6 converted to charter status, alternative arrangements for
7 current students who choose not to attend the charter school
8 and for current teachers who choose not to teach in the
9 charter school after conversion in accordance with the
10 existing collective bargaining agreement or district school
11 board rule in the absence of a collective bargaining
12 agreement. However, alternative arrangements shall not be
13 required for current teachers who choose not to teach in a
14 charter lab school, except as authorized by the employment
15 policies of the state university which grants the charter to
16 the lab school.
17 (b) A charter may be renewed every 5 school years,
18 provided that a program review demonstrates that the criteria
19 in paragraph (a) have been successfully accomplished and that
20 none of the grounds for nonrenewal established by paragraph
21 (8)(a) has been documented. In order to facilitate long-term
22 financing for charter school construction, charter schools
23 operating for a minimum of 2 years and demonstrating exemplary
24 academic programming and fiscal management are eligible for a
25 15-year charter renewal. Such long-term charter is subject to
26 annual review and may be terminated during the term of the
27 charter.
28 (c) A charter may be modified during its initial term
29 or any renewal term upon the recommendation of the sponsor or
30 the charter school governing board and the approval of both
31 parties to the agreement.
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1 (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.--
2 (a) At the end of the term of a charter, the sponsor
3 may choose not to renew the charter for any of the following
4 grounds:
5 1. Failure to participate in the state's education
6 accountability system created in s. 1008.31, as required in
7 this section, or failure to meet the requirements for student
8 performance stated in the charter.
9 2. Failure to meet generally accepted standards of
10 fiscal management.
11 3. Violation of law.
12 4. A determination by the sponsor that the health,
13 safety, or welfare of the students is threatened Other good
14 cause shown.
15 (b) During the term of a charter, the sponsor may
16 terminate the charter for any of the grounds listed in
17 paragraph (a).
18 (c) Unless the sponsor and charter school mutually
19 agree that the school will remain open during specified
20 corrective actions, the sponsor shall not renew the charter or
21 shall terminate the charter when the charter school receives a
22 school performance grade of "F" under s. 1008.34 for 2
23 consecutive years.
24 (d)(c) At least 90 days prior to renewing or
25 terminating a charter, the sponsor shall notify the governing
26 body of the school of the proposed action in writing. The
27 notice shall state in reasonable detail the grounds for the
28 proposed action and stipulate that the school's governing body
29 may, within 14 calendar days after receiving the notice,
30 request an informal hearing before the sponsor. The sponsor
31 shall conduct the informal hearing within 30 calendar days
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1 after receiving a written request. The charter school's
2 governing body may, within 14 calendar days after receiving
3 the sponsor's decision to terminate or refuse to renew the
4 charter, appeal the decision pursuant to the procedure
5 established in subsection (6).
6 (e)(d) A charter may be terminated immediately if the
7 sponsor determines that good cause has been shown or if the
8 health, safety, or welfare of the students is threatened. The
9 charter sponsor must notify, in writing, the charter school's
10 governing body, the charter school's principal, and the
11 department if a charter is immediately terminated. The sponsor
12 must clearly identify the specific issues that resulted in the
13 immediate termination and provide evidence that the charter
14 school received prior notification of issues resulting in the
15 immediate termination. The school district in which the
16 charter school is located shall assume operation of the school
17 under these circumstances. The charter school's governing
18 board may, within 14 days after receiving the sponsor's
19 decision to terminate the charter, appeal the decision
20 pursuant to the procedure established in subsection (6).
21 (f)(e) When a charter is not renewed or is terminated,
22 the school shall be dissolved under the provisions of law
23 under which the school was organized, and any unencumbered
24 public funds of the charter school, except for capital outlay
25 funds and federal charter school program grant funds, from the
26 charter school shall revert to the sponsor district school
27 board. Capital outlay funds provided pursuant to s. 1013.62
28 and federal charter school program grant funds that are
29 unencumbered shall revert to the department to be
30 redistributed among eligible charter schools. In the event a
31 charter school is dissolved or is otherwise terminated, all
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1 district school board property and improvements, furnishings,
2 and equipment purchased with public funds shall automatically
3 revert to full ownership by the district school board, subject
4 to complete satisfaction of any lawful liens or encumbrances.
5 Any unencumbered public funds from the charter school,
6 district school board property and improvements, furnishings,
7 and equipment purchased with public funds, or financial or
8 other records pertaining to the charter school, in the
9 possession of any person, entity, or holding company, other
10 than the charter school, shall be held in trust upon the
11 district school board's request, until any appeal status is
12 resolved.
13 (g)(f) If a charter is not renewed or is terminated,
14 the charter school is responsible for all debts of the charter
15 school. The district may not assume the debt from any contract
16 for services made between the governing body of the school and
17 a third party, except for a debt that is previously detailed
18 and agreed upon in writing by both the district and the
19 governing body of the school and that may not reasonably be
20 assumed to have been satisfied by the district.
21 (h)(g) If a charter is not renewed or is terminated, a
22 student who attended the school may apply to, and shall be
23 enrolled in, another public school. Normal application
24 deadlines shall be disregarded under such circumstances.
25 (9) CHARTER SCHOOL REQUIREMENTS.--
26 (a) A charter school shall be nonsectarian in its
27 programs, admission policies, employment practices, and
28 operations.
29 (b) A charter school shall admit students as provided
30 in subsection (10).
31
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1 (c) A charter school shall be accountable to its
2 sponsor for performance as provided in subsection (7).
3 (d) A charter school shall not charge tuition or
4 registration fees, except those fees normally charged by other
5 public schools. However, a charter lab school may charge a
6 student activity and service fee as authorized by s.
7 1002.32(5).
8 (e) A charter school shall meet all applicable state
9 and local health, safety, and civil rights requirements.
10 (f) A charter school shall not violate the
11 antidiscrimination provisions of s. 1000.05.
12 (g) A charter school shall provide for an annual
13 financial audit in accordance with s. 218.39. A financial
14 audit that is conducted by a certified public accountant or
15 auditor in accordance with s. 218.39 and that indicates a
16 state of financial emergency, as defined in s. 218.503, must
17 be provided to the governing body of the charter school within
18 7 working days after the finding that a state of financial
19 emergency exists. When a charter school is found to be in a
20 state of financial emergency by a certified public accountant
21 or auditor, the charter school must file a detailed
22 financial-recovery plan with the sponsor within 30 days after
23 receipt of the audit.
24 (h) No organization shall hold more than 15 charters
25 statewide.
26 (i) In order to provide financial information that is
27 comparable to that reported for other public schools, charter
28 schools are to maintain all financial records which constitute
29 their accounting system:
30 1. In accordance with the accounts and codes
31 prescribed in the most recent issuance of the publication
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1 titled "Financial and Program Cost Accounting and Reporting
2 for Florida Schools"; or
3 2. At the discretion of the charter school governing
4 board, a charter school may elect to follow generally accepted
5 accounting standards for not-for-profit organizations, but
6 must reformat this information for reporting according to this
7 paragraph.
8
9 Charter schools shall are to provide annual financial report
10 and program cost report information in the state-required
11 formats for inclusion in district reporting in compliance with
12 s. 1011.60(1). Charter schools that are operated by a
13 municipality or are a component unit of a parent nonprofit
14 organization may use the accounting system of the municipality
15 or the parent but must reformat this information for reporting
16 according to this paragraph.
17 (j) The governing board of the charter school shall
18 annually adopt and maintain an operating budget.
19 (k) The governing body of the charter school shall
20 exercise continuing oversight over charter school operations.
21 (l) The governing body of the charter school shall
22 report its progress annually to its sponsor, which shall
23 forward the report to the Commissioner of Education at the
24 same time as other annual school accountability reports. The
25 Department of Education shall develop a uniform, on-line
26 annual accountability report that must be completed by each
27 charter school. This report must be easy to use and provide
28 for reporting demographic information, student performance
29 data, and financial accountability information. A charter
30 school may not be required to provide information and data
31 that is duplicative and already in the possession of the
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1 Department of Education. The Department of Education shall
2 include in its compilation a notation if a school failed to
3 file its report by the deadline established by the department.
4 The report shall include at least the following components:
5 1. Student achievement performance data, including the
6 information required for the annual school report and the
7 education accountability system governed by ss. 1008.31 and
8 1008.345. Charter schools are subject to the same
9 accountability requirements as other public schools, including
10 reports of student achievement information that links baseline
11 student data to the school's performance projections
12 identified in the charter. The charter school shall identify
13 reasons for any difference between projected and actual
14 student performance.
15 2. Financial status of the charter school which must
16 include revenues and expenditures at a level of detail that
17 allows for analysis of the ability to meet financial
18 obligations and timely repayment of debt.
19 3. Documentation of the facilities in current use and
20 any planned facilities for use by the charter school for
21 instruction of students, administrative functions, or
22 investment purposes.
23 4. Descriptive information about the charter school's
24 personnel, including salary and benefit levels of charter
25 school employees, the proportion of instructional personnel
26 who hold professional or temporary certificates, and the
27 proportion of instructional personnel teaching in-field or
28 out-of-field.
29 (m) A charter school shall not levy taxes or issue
30 bonds secured by tax revenues.
31
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1 (n) A charter school shall provide instruction for at
2 least the number of days required by law for other public
3 schools, and may provide instruction for additional days.
4 (10) ELIGIBLE STUDENTS.--
5 (a) A charter school shall be open to any student
6 covered in an interdistrict agreement or residing in the
7 school district in which the charter school is located;
8 however, in the case of a charter lab school, the charter lab
9 school shall be open to any student eligible to attend the lab
10 school as provided in s. 1002.32 or who resides in the school
11 district in which the charter lab school is located. Any
12 eligible student shall be allowed interdistrict transfer to
13 attend a charter school when based on good cause.
14 (b) The charter school shall enroll an eligible
15 student who submits a timely application, unless the number of
16 applications exceeds the capacity of a program, class, grade
17 level, or building. In such case, all applicants shall have an
18 equal chance of being admitted through a random selection
19 process.
20 (c) When a public school converts to charter status,
21 enrollment preference shall be given to students who would
22 have otherwise attended that public school.
23 (d) A charter school may give enrollment preference to
24 the following student populations:
25 1. Students who are siblings of a student enrolled in
26 the charter school.
27 2. Students who are the children of a member of the
28 governing board of the charter school.
29 3. Students who are the children of an employee of the
30 charter school.
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1 (e) A charter school may limit the enrollment process
2 only to target the following student populations:
3 1. Students within specific age groups or grade
4 levels.
5 2. Students considered at risk of dropping out of
6 school or academic failure. Such students shall include
7 exceptional education students.
8 3. Students enrolling in a charter
9 school-in-the-workplace or charter school-in-a-municipality
10 established pursuant to subsection (15).
11 4. Students residing within a reasonable distance of
12 the charter school, as described in paragraph (20)(c). Such
13 students shall be subject to a random lottery and to the
14 racial/ethnic balance provisions described in subparagraph
15 (7)(a)8. or any federal provisions that require a school to
16 achieve a racial/ethnic balance reflective of the community it
17 serves or within the racial/ethnic range of other public
18 schools in the same school district.
19 5. Students who meet reasonable academic, artistic, or
20 other eligibility standards established by the charter school
21 and included in the charter school application and charter or,
22 in the case of existing charter schools, standards that are
23 consistent with the school's mission and purpose. Such
24 standards shall be in accordance with current state law and
25 practice in public schools and may not discriminate against
26 otherwise qualified individuals.
27 6. Students articulating from one charter school to
28 another pursuant to an articulation agreement between the
29 charter schools that has been approved by the sponsor.
30 (f) Students with handicapping conditions and students
31 served in English for Speakers of Other Languages programs
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1 shall have an equal opportunity of being selected for
2 enrollment in a charter school.
3 (g) A student may withdraw from a charter school at
4 any time and enroll in another public school as determined by
5 district school board rule.
6 (h) The capacity of the charter school shall be
7 determined annually by the governing board, in conjunction
8 with the sponsor, of the charter school in consideration of
9 the factors identified in this subsection.
10 (11) PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR
11 ACTIVITIES.--A charter school student is eligible to
12 participate in an interscholastic extracurricular activity at
13 the public school to which the student would be otherwise
14 assigned to attend pursuant to s. 1006.15(3)(d).
15 (12) EMPLOYEES OF CHARTER SCHOOLS.--
16 (a) A charter school shall select its own employees. A
17 charter school may contract with its sponsor for the services
18 of personnel employed by the sponsor.
19 (b) Charter school employees shall have the option to
20 bargain collectively. Employees may collectively bargain as a
21 separate unit or as part of the existing district collective
22 bargaining unit as determined by the structure of the charter
23 school.
24 (c) The employees of a conversion charter school shall
25 remain public employees for all purposes, unless such
26 employees choose not to do so.
27 (d) The teachers at a charter school may choose to be
28 part of a professional group that subcontracts with the
29 charter school to operate the instructional program under the
30 auspices of a partnership or cooperative that they
31
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1 collectively own. Under this arrangement, the teachers would
2 not be public employees.
3 (e) Employees of a school district may take leave to
4 accept employment in a charter school upon the approval of the
5 district school board. While employed by the charter school
6 and on leave that is approved by the district school board,
7 the employee may retain seniority accrued in that school
8 district and may continue to be covered by the benefit
9 programs of that school district, if the charter school and
10 the district school board agree to this arrangement and its
11 financing. School districts shall not require resignations of
12 teachers desiring to teach in a charter school. This paragraph
13 shall not prohibit a district school board from approving
14 alternative leave arrangements consistent with chapter 1012.
15 (f) Teachers employed by or under contract to a
16 charter school shall be certified as required by chapter 1012.
17 A charter school governing board may employ or contract with
18 skilled selected noncertified personnel to provide
19 instructional services or to assist instructional staff
20 members as education paraprofessionals in the same manner as
21 defined in chapter 1012, and as provided by State Board of
22 Education rule for charter school governing boards. A charter
23 school may not knowingly employ an individual to provide
24 instructional services or to serve as an education
25 paraprofessional if the individual's certification or
26 licensure as an educator is suspended or revoked by this or
27 any other state. A charter school may not knowingly employ an
28 individual who has resigned from a school district in lieu of
29 disciplinary action with respect to child welfare or safety,
30 or who has been dismissed for just cause by any school
31
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1 district with respect to child welfare or safety. The
2 qualifications of teachers shall be disclosed to parents.
3 (g) A charter school shall employ or contract with
4 employees who have undergone background screening as provided
5 in s. 1012.32. Members of the governing board of the charter
6 school shall also undergo background screening in a manner
7 similar to that provided in s. 1012.32.
8 (h) For the purposes of tort liability, the governing
9 body and employees of a charter school shall be governed by s.
10 768.28.
11 (i) A charter school shall organize as, or be operated
12 by, a nonprofit organization. A charter school may be operated
13 by a municipality or other public entity as provided for by
14 law. As such, the charter school may be either a private or a
15 public employer. As a public employer, a charter school may
16 participate in the Florida Retirement System upon application
17 and approval as a "covered group" under s. 121.021(34). If a
18 charter school participates in the Florida Retirement System,
19 the charter school employees shall be compulsory members of
20 the Florida Retirement System. As either a private or a public
21 employer, a charter school may contract for services with an
22 individual or group of individuals who are organized as a
23 partnership or a cooperative. Individuals or groups of
24 individuals who contract their services to the charter school
25 are not public employees.
26 (13) CHARTER SCHOOL COOPERATIVES.--Charter schools may
27 enter into cooperative agreements to form charter school
28 cooperative organizations that may provide the following
29 services: charter school planning and development, direct
30 instructional services, and contracts with charter school
31 governing boards to provide personnel administrative services,
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1 payroll services, human resource management, evaluation and
2 assessment services, teacher preparation, and professional
3 development.
4 (14) CHARTER SCHOOL FINANCIAL ARRANGEMENTS;
5 INDEMNIFICATION OF THE STATE AND SCHOOL DISTRICT; CREDIT OR
6 TAXING POWER NOT TO BE PLEDGED.--Any arrangement entered into
7 to borrow or otherwise secure funds for a charter school
8 authorized in this section from a source other than the state
9 or a school district shall indemnify the state and the school
10 district from any and all liability, including, but not
11 limited to, financial responsibility for the payment of the
12 principal or interest. Any loans, bonds, or other financial
13 agreements are not obligations of the state or the school
14 district but are obligations of the charter school authority
15 and are payable solely from the sources of funds pledged by
16 such agreement. The credit or taxing power of the state or the
17 school district shall not be pledged and no debts shall be
18 payable out of any moneys except those of the legal entity in
19 possession of a valid charter approved by a district school
20 board pursuant to this section.
21 (15) CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER
22 SCHOOLS-IN-A-MUNICIPALITY.--
23 (a) In order to increase business partnerships in
24 education, to reduce school and classroom overcrowding
25 throughout the state, and to offset the high costs for
26 educational facilities construction, the Legislature intends
27 to encourage the formation of business partnership schools or
28 satellite learning centers and municipal-operated schools
29 through charter school status.
30 (b) A charter school-in-the-workplace may be
31 established when a business partner provides the school
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1 facility to be used; enrolls students based upon a random
2 lottery that involves all of the children of employees of that
3 business or corporation who are seeking enrollment, as
4 provided for in subsection (10); and enrolls students
5 according to the racial/ethnic balance provisions described in
6 subparagraph (7)(a)8. Any portion of a facility used for a
7 public charter school shall be exempt from ad valorem taxes,
8 as provided for in s. 1013.54, for the duration of its use as
9 a public school.
10 (c) A charter school-in-a-municipality designation may
11 be granted to a municipality that possesses a charter; enrolls
12 students based upon a random lottery that involves all of the
13 children of the residents of that municipality who are seeking
14 enrollment, as provided for in subsection (10); and enrolls
15 students according to the racial/ethnic balance provisions
16 described in subparagraph (7)(a)8. When a municipality has
17 submitted charter applications for the establishment of a
18 charter school feeder pattern, consisting of elementary,
19 middle, and senior high schools, and each individual charter
20 application is approved by the district school board, such
21 schools shall then be designated as one charter school for all
22 purposes listed pursuant to this section. Any portion of the
23 land and facility used for a public charter school shall be
24 exempt from ad valorem taxes, as provided for in s. 1013.54,
25 for the duration of its use as a public school.
26 (d) As used in this subsection, the terms "business
27 partner" or "municipality" may include more than one business
28 or municipality to form a charter school-in-the-workplace or
29 charter school-in-a-municipality.
30 (16) EXEMPTION FROM STATUTES.--
31
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1 (a) A charter school shall operate in accordance with
2 its charter and shall be exempt from all statutes in chapters
3 1000-1013. However, a charter school shall be in compliance
4 with the following statutes in chapters 1000-1013:
5 1. Those statutes specifically applying to charter
6 schools, including this section.
7 2. Those statutes pertaining to the student assessment
8 program and school grading system.
9 3. Those statutes pertaining to the provision of
10 services to students with disabilities.
11 4. Those statutes pertaining to civil rights,
12 including s. 1000.05, relating to discrimination.
13 5. Those statutes pertaining to student health,
14 safety, and welfare.
15 (b) Additionally, a charter school shall be in
16 compliance with the following statutes:
17 1. Section 286.011, relating to public meetings and
18 records, public inspection, and criminal and civil penalties.
19 2. Chapter 119, relating to public records.
20 (17) FUNDING.--Students enrolled in a charter school,
21 regardless of the sponsorship, shall be funded as if they are
22 in a basic program or a special program, the same as students
23 enrolled in other public schools in the school district.
24 Funding for a charter lab school shall be as provided in s.
25 1002.32.
26 (a) Each charter school shall report its student
27 enrollment to the district school board as required in s.
28 1011.62, and in accordance with the definitions in s. 1011.61.
29 The district school board shall include each charter school's
30 enrollment in the district's report of student enrollment. All
31 charter schools submitting student record information required
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1 by the Department of Education shall comply with the
2 Department of Education's guidelines for electronic data
3 formats for such data, and all districts shall accept
4 electronic data that complies with the Department of
5 Education's electronic format.
6 (b) The basis for the agreement for funding students
7 enrolled in a charter school shall be the sum of the school
8 district's operating funds from the Florida Education Finance
9 Program as provided in s. 1011.62 and the General
10 Appropriations Act, including gross state and local funds,
11 discretionary lottery funds, and funds from the school
12 district's current operating discretionary millage levy;
13 divided by total funded weighted full-time equivalent students
14 in the school district; multiplied by the weighted full-time
15 equivalent students for the charter school. Charter schools
16 whose students or programs meet the eligibility criteria in
17 law shall be entitled to their proportionate share of
18 categorical program funds included in the total funds
19 available in the Florida Education Finance Program by the
20 Legislature, including transportation. Total funding for each
21 charter school shall be recalculated during the year to
22 reflect the revised calculations under the Florida Education
23 Finance Program by the state and the actual weighted full-time
24 equivalent students reported by the charter school during the
25 full-time equivalent student survey periods designated by the
26 Commissioner of Education.
27 (c) If the district school board is providing programs
28 or services to students funded by federal funds, any eligible
29 students enrolled in charter schools in the school district
30 shall be provided federal funds for the same level of service
31 provided students in the schools operated by the district
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1 school board. Pursuant to provisions of 20 U.S.C. 8061 s.
2 10306, all charter schools shall receive all federal funding
3 for which the school is otherwise eligible, including Title I
4 funding, not later than 5 months after the charter school
5 first opens and within 5 months after any subsequent expansion
6 of enrollment.
7 (d) District school boards shall make every effort to
8 ensure that charter schools receive timely and efficient
9 reimbursement, including processing paperwork required to
10 access special state and federal funding for which they may be
11 eligible. The district school board may distribute funds to a
12 charter school for up to 3 months based on the projected
13 full-time equivalent student membership of the charter school.
14 Thereafter, the results of full-time equivalent student
15 membership surveys shall be used in adjusting the amount of
16 funds distributed monthly to the charter school for the
17 remainder of the fiscal year. The payment shall be issued no
18 later than 10 working days after the district school board
19 receives a distribution of state or federal funds. If a
20 warrant for payment is not issued within 30 working days after
21 receipt of funding by the district school board, the school
22 district shall pay to the charter school, in addition to the
23 amount of the scheduled disbursement, interest at a rate of 1
24 percent per month calculated on a daily basis on the unpaid
25 balance from the expiration of the 30-day period until such
26 time as the warrant is issued.
27 (18) FACILITIES.--
28 (a) A startup charter school shall utilize facilities
29 that which comply with the Florida Building Code pursuant to
30 chapter 553 except for the State Requirements for Educational
31 Facilities. Charter schools are not required to comply, but
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1 may choose to comply, with the State Requirements for
2 Educational Facilities of the Florida Building Code adopted
3 pursuant to s. 1013.37. The local governing authority shall
4 not adopt or impose local building requirements or
5 restrictions that are more stringent than those found in the
6 Florida Building Code. The agency having jurisdiction for
7 inspection of a facility and issuance of a certificate of
8 occupancy shall be the local municipality or, if in an
9 unincorporated area, the county governing authority.
10 (b) A charter school shall utilize facilities that
11 comply with the Florida Fire Prevention Code, pursuant to s.
12 633.025, as adopted by the authority in whose jurisdiction the
13 facility is located as provided in paragraph (a).
14 (c) Any facility, or portion thereof, used to house a
15 charter school whose charter has been approved by the sponsor
16 and the governing board, pursuant to subsection (7), shall be
17 exempt from ad valorem taxes pursuant to s. 196.1983. A
18 library, community service facility, museum, performing arts
19 facility, theatre, cinema, church, community college, college,
20 or university may provide space to a charter school within its
21 facilities and under its existing zoning and land use
22 designations.
23 (d) Charter school facilities are exempt from
24 assessments of fees for building permits, except as provided
25 in s. 553.80, fees and for building and occupational licenses,
26 and from assessments of impact fees or service availability
27 fees.
28 (e) If a district school board facility or property is
29 available because it is surplus, marked for disposal, or
30 otherwise unused, it shall be provided for a charter school's
31 use on the same basis as it is made available to other public
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1 schools in the district. A charter school receiving property
2 from the school district may not sell or dispose of such
3 property without written permission of the school district.
4 Similarly, for an existing public school converting to charter
5 status, no rental or leasing fee for the existing facility or
6 for the property normally inventoried to the conversion school
7 may be charged by the district school board to the parents and
8 teachers organizing the charter school. The charter school
9 organizers shall agree to reasonable maintenance provisions in
10 order to maintain the facility in a manner similar to district
11 school board standards. The Public Education Capital Outlay
12 maintenance funds or any other maintenance funds generated by
13 the facility operated as a conversion school shall remain with
14 the conversion school.
15 (f) To the extent that charter school facilities are
16 specifically created to mitigate the educational impact
17 created by the development of new residential dwelling units,
18 pursuant to subparagraph (2)(c)4., some of or all of the
19 educational impact fees required to be paid in connection with
20 the new residential dwelling units may be designated instead
21 for the construction of the charter school facilities that
22 will mitigate the student station impact. Such facilities
23 shall be built to the State Requirements for Educational
24 Facilities and shall be owned by a public or nonprofit entity.
25 The local school district retains the right to monitor and
26 inspect such facilities to ensure compliance with the State
27 Requirements for Educational Facilities. If a facility ceases
28 to be used for public educational purposes, either the
29 facility shall revert to the school district subject to any
30 debt owed on the facility, or the owner of the facility shall
31 have the option to refund all educational impact fees utilized
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1 for the facility to the school district. The district and the
2 owner of the facility may contractually agree to another
3 arrangement for the facilities if the facilities cease to be
4 used for educational purposes. The owner of property planned
5 or approved for new residential dwelling units and the entity
6 levying educational impact fees shall enter into an agreement
7 that designates the educational impact fees that will be
8 allocated for the charter school student stations and that
9 ensures the timely construction of the charter school student
10 stations concurrent with the expected occupancy of the
11 residential units. The application for use of educational
12 impact fees shall include an approved charter school
13 application. To assist the school district in forecasting
14 student station needs, the entity levying the impact fees
15 shall notify the affected district of any agreements it has
16 approved for the purpose of mitigating student station impact
17 from the new residential dwelling units.
18 (19) CAPITAL OUTLAY FUNDING.--Charter schools are
19 eligible for capital outlay funds pursuant to s. 1013.62.
20 (20) SERVICES.--
21 (a) A sponsor shall provide certain administrative and
22 educational services to charter schools. These services shall
23 include contract management services; full-time equivalent and
24 data reporting services; exceptional student education
25 administration and evaluation services; such services as are
26 required to fulfill eligibility and reporting requirements to
27 ensure school lunch services under the federal lunch program,
28 consistent with the needs of the charter school and provided
29 by the school district at the request of the charter school;
30 test administration services, including payment of the costs
31 of state-required or district-required student assessments;
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1 processing of teacher certificate data services; and
2 information services, including equal access to student
3 information systems that are used by public schools in the
4 district in which the charter school is located. A total
5 administrative fee for the provision of such services shall be
6 calculated based upon up to 5 percent of the available funds
7 defined in paragraph (17)(b) for all students. However, a
8 sponsor may only withhold up to a 5-percent administrative fee
9 for enrollment for up to and including 500 students. For
10 charter schools with a population of 501 or more students, the
11 difference between the total administrative fee calculation
12 and the amount of the administrative fee withheld may only be
13 used for capital outlay purposes specified in s. 1013.62(4) s.
14 1013.62(2). Sponsors shall not charge charter schools any
15 additional fees or surcharges for administrative and
16 educational services in addition to the maximum 5-percent
17 administrative fee withheld pursuant to this paragraph.
18 (b) If goods and services are made available to the
19 charter school through the contract with the school district,
20 they shall be provided to the charter school at a rate no
21 greater than the district's actual cost unless mutually agreed
22 upon by the charter school and the sponsor in a contract
23 negotiated separately from the charter. When mediation has
24 failed to resolve disputes over contracted services or
25 contractual matters not included in the charter, an appeal may
26 be made for a dispute resolution hearing before the Charter
27 School Appeal Commission. To maximize the use of state funds,
28 school districts shall allow charter schools to participate in
29 the sponsor's bulk purchasing program if applicable.
30 (c) Transportation of charter school students shall be
31 provided by the charter school consistent with the
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1 requirements of subpart I.E. of chapter 1006 and s. 1012.45.
2 The governing body of the charter school may provide
3 transportation through an agreement or contract with the
4 district school board, a private provider, or parents. The
5 charter school and the sponsor shall cooperate in making
6 arrangements that ensure that transportation is not a barrier
7 to equal access for all students residing within a reasonable
8 distance of the charter school as determined in its charter.
9 (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.--The
10 Department of Education shall provide information to the
11 public, directly and through sponsors, both on how to form and
12 operate a charter school and on how to enroll in charter
13 schools once they are created. This information shall include
14 a standard application format, charter format, and charter
15 renewal format, which shall include the information specified
16 in subsection (7). These formats shall This application format
17 may be used by charter school sponsors chartering entities.
18 (22) CHARTER SCHOOL REVIEW PANEL AND LEGISLATIVE
19 REVIEW.--
20 (a) The Department of Education shall provide the
21 staff for and regularly convene a Charter School Review Panel
22 in order to review issues, practices, and policies regarding
23 charter schools. The composition of the review panel shall
24 include individuals with experience in finance,
25 administration, law, education, and school governance, and
26 individuals familiar with charter school construction and
27 operation. The panel shall include two appointees each from
28 the Commissioner of Education, the President of the Senate,
29 and the Speaker of the House of Representatives. The Governor
30 shall appoint three members of the panel and shall designate
31 the chair. Each member of the panel shall serve a 1-year term,
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1 unless renewed by the office making the appointment. The panel
2 shall make recommendations to the Legislature, to the
3 Department of Education, to charter schools, and to school
4 districts for improving charter school operations and
5 oversight and for ensuring best business practices at and fair
6 business relationships with charter schools.
7 (b) The Legislature shall review the operation of
8 charter schools during the 2010 2005 Regular Session of the
9 Legislature.
10 (23) ANALYSIS OF CHARTER SCHOOL PERFORMANCE.--Upon
11 receipt of the annual report required by paragraph (9)(l), the
12 Department of Education shall provide to the State Board of
13 Education, the Commissioner of Education, the Governor, the
14 President of the Senate, and the Speaker of the House of
15 Representatives an analysis and comparison of the overall
16 performance of charter school students, to include all
17 students whose scores are counted as part of the statewide
18 assessment program, versus comparable public school students
19 in the district as determined by the statewide assessment
20 program currently administered in the school district, and
21 other assessments administered pursuant to s. 1008.22(3).
22 (24) RULEMAKING.--The Department of Education, after
23 consultation with school districts and charter school
24 directors, shall recommend that the State Board of Education
25 adopt rules to implement specific subsections of this section.
26 Such rules shall require minimum paperwork and shall not limit
27 charter school flexibility authorized by statute.
28 Section 2. Subsection (3) of section 1003.05, Florida
29 Statutes, is amended to read:
30 1003.05 Assistance to transitioning students from
31 military families.--
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1 (3) Dependent children of active duty military
2 personnel who otherwise meet the eligibility criteria for
3 special academic programs offered through public schools shall
4 be given first preference for admission to such programs even
5 if the program is being offered through a public school other
6 than the school to which the student would generally be
7 assigned and the school at which the program is being offered
8 has reached its maximum enrollment. If such a program is
9 offered through a public school other than the school to which
10 the student would generally be assigned, the parent or
11 guardian of the student must assume responsibility for
12 transporting the student to that school. For purposes of this
13 subsection, special academic programs include charter schools,
14 magnet schools, advanced studies programs, advanced placement,
15 dual enrollment, and International Baccalaureate.
16 Section 3. Section 1013.62, Florida Statutes, is
17 amended to read:
18 1013.62 Charter schools capital outlay funding.--
19 (1) In each year in which funds are appropriated for
20 charter school capital outlay purposes, the Commissioner of
21 Education shall allocate the funds among eligible charter
22 schools. To be eligible for a funding allocation, a charter
23 school must be one of the following:
24 (a) The same school that received capital outlay
25 funding in 2002-2003.
26 (b) A charter school that is an expanded feeder
27 pattern of a charter school that received capital outlay
28 funding in 2002-2003.
29 (2) If an appropriation for charter school capital
30 outlay funds is less than the 2002-2003 appropriation, the
31
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1 funds shall be prorated among schools eligible pursuant to
2 subsection (1).
3 (3) If an appropriation for charter school capital
4 outlay funds is greater than the 2002-2003 appropriation, the
5 funds shall be allocated to schools eligible pursuant to
6 subsection (1) and to charter schools that:
7 (a)1. Have been in operation for 3 or more years;
8 2. Are Be an expanded feeder chain of a charter school
9 within the same school district that is currently receiving
10 charter school capital outlay funds; or
11 3. Have been accredited by the Commission on Schools
12 of the Southern Association of Colleges and Schools.
13 (b) Have financial stability for future operation as a
14 charter school.
15 (c) Have satisfactory student achievement based on
16 state accountability standards applicable to the charter
17 school.
18 (d) Have received final approval from its sponsor
19 pursuant to s. 1002.33 for operation during that fiscal year.
20 (e) Serve students in facilities that are not provided
21 by the charter school's sponsor. First priority for allocating
22 the amount in excess of the 2002-2003 appropriation shall be
23 to prorate the excess funds among charter schools having
24 long-term debt or a long-term lease, to the extent that the
25 initial allocation is insufficient to provide one-fifteenth of
26 the cost-per-student station specified in s. 1013.64(6)(b),
27 and second priority shall be to other eligible charter
28 schools.
29
30 Prior to the release of capital outlay funds to a school
31 district on behalf of the charter school, the Department of
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1 Education shall ensure that the district school board and the
2 charter school governing board enter into a written agreement
3 that includes provisions for the reversion of any unencumbered
4 funds and all equipment and property purchased with public
5 education funds to the ownership of the district school board,
6 as provided for in subsection (5) (3), in the event that the
7 school terminates operations. Any funds recovered by the state
8 shall be deposited in the General Revenue Fund. A charter
9 school is not eligible for a funding allocation if it was
10 created by the conversion of a public school and operates in
11 facilities provided by the charter school's sponsor for a
12 nominal fee or at no charge or if it is directly or indirectly
13 operated by the school district. Unless otherwise provided in
14 the General Appropriations Act, the funding allocation for
15 each eligible charter school shall be determined by
16 multiplying the school's projected student enrollment by
17 one-fifteenth of the cost-per-student station specified in s.
18 1013.64(6)(b) for an elementary, middle, or high school, as
19 appropriate. If the funds appropriated are not sufficient, the
20 commissioner shall prorate the available funds among eligible
21 charter schools. However, no charter school or charter lab
22 school shall receive state charter school capital outlay funds
23 in excess of the one-fifteenth cost per student station
24 formula if the charter school's combination of state charter
25 school capital outlay funds, capital outlay funds calculated
26 through the reduction in the administrative fee provided in s.
27 1002.33(20), and capital outlay funds allowed in s.
28 1002.32(9)(e) and (h) exceeds the one-fifteenth cost per
29 student station formula. Funds shall be distributed on the
30 basis of the capital outlay full-time equivalent membership by
31 grade level, which shall be calculated by averaging the
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1 results of the second and third enrollment surveys. The
2 Department of Education shall distribute capital outlay funds
3 monthly, beginning in the first quarter of the fiscal year,
4 based on one-twelfth of the amount the department reasonably
5 expects the charter school to receive during that fiscal year.
6 The commissioner shall adjust subsequent distributions as
7 necessary to reflect each charter school's actual student
8 enrollment as reflected in the second and third enrollment
9 surveys. The commissioner shall establish the intervals and
10 procedures for determining the projected and actual student
11 enrollment of eligible charter schools.
12 (4)(2) A charter school's governing body may use
13 charter school capital outlay funds for the following
14 purposes:
15 (a) Purchase of real property.
16 (b) Construction of school facilities.
17 (c) Purchase, lease-purchase, or lease of permanent or
18 relocatable school facilities.
19 (d) Purchase of vehicles to transport students to and
20 from the charter school.
21 (e) Renovation, repair, furnishing, equipping, and
22 maintenance of school facilities that the charter school owns
23 or is purchasing through a lease-purchase or long-term lease
24 of 5 years or longer.
25
26 Conversion charter schools may use capital outlay funds
27 received through the reduction in the administrative fee
28 provided in s. 1002.33(20) for renovation, repair, and
29 maintenance of school facilities that are owned by the
30 sponsor.
31
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1 (5)(3) When a charter school is nonrenewed or
2 terminated, any unencumbered funds and all equipment and
3 property purchased with district public funds shall revert to
4 the ownership of the district school board, as provided for in
5 s. 1002.33(8)(e) and (f). In the case of a charter lab school,
6 any unencumbered funds and all equipment and property
7 purchased with university public funds shall revert to the
8 ownership of the state university that issued the charter. The
9 reversion of such equipment, property, and furnishings shall
10 focus on recoverable assets, but not on intangible or
11 irrecoverable costs such as rental or leasing fees, normal
12 maintenance, and limited renovations. The reversion of all
13 property secured with public funds is subject to the complete
14 satisfaction of all lawful liens or encumbrances. If there are
15 additional local issues such as the shared use of facilities
16 or partial ownership of facilities or property, these issues
17 shall be agreed to in the charter contract prior to the
18 expenditure of funds.
19 (6)(4) The Commissioner of Education shall specify
20 procedures for submitting and approving requests for funding
21 under this section and procedures for documenting
22 expenditures.
23 (7)(5) The annual legislative budget request of the
24 Department of Education shall include a request for capital
25 outlay funding for charter schools. The request shall be based
26 on the projected number of students to be served in charter
27 schools who meet the eligibility requirements of this section.
28 A dedicated funding source, if identified in writing by the
29 Commissioner of Education and submitted along with the annual
30 charter school legislative budget request, may be considered
31 an additional source of funding.
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1 (8)(6) Unless authorized otherwise by the Legislature,
2 allocation and proration of charter school capital outlay
3 funds shall be made to eligible charter schools by the
4 Commissioner of Education in an amount and in a manner
5 authorized by subsections (2) and (3) subsection (1).
6 (7) Notwithstanding the provisions of this section,
7 beginning in the 2003-2004 fiscal year:
8 (a) If the appropriation for charter school capital
9 outlay funds is no greater than the 2002-2003 appropriation,
10 the funds shall be allocated according to the formula outlined
11 in subsection (1) to:
12 1. The same schools that received funding in
13 2002-2003.
14 2. Schools that are an expanded feeder pattern of
15 schools that received funding in 2002-2003.
16 3. Schools that have an approved charter and are
17 serving students at the start of the 2003-2004 school year and
18 either incurred long-term financial obligations prior to
19 January 31, 2003, or began construction on educational
20 facilities prior to December 31, 2002.
21 (b) If the appropriation for charter school capital
22 outlay funds is less than the 2002-2003 appropriation, the
23 funds shall be prorated among the schools eligible in
24 paragraph (a).
25 (c) If the appropriation for charter school capital
26 outlay funds is greater than the 2002-2003 appropriation, the
27 amount of funds provided in the 2002-2003 appropriation shall
28 be allocated according to paragraph (a). First priority for
29 allocating the amount in excess of the 2002-2003 appropriation
30 shall be to prorate the excess funds among the charter schools
31 with long-term debt or long-term lease to the extent that the
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1 initial allocation is insufficient to provide one-fifteenth of
2 the cost per student station specified in s. 1013.64(6)(b),
3 and second priority shall be to other eligible charter
4 schools.
5 Section 4. Subsection (5) of section 218.39, Florida
6 Statutes, is amended to read:
7 218.39 Annual financial audit reports.--
8 (5) At the conclusion of the audit, the auditor shall
9 discuss with the chair of each local governmental entity or
10 the chair's designee, or with the elected official of each
11 county agency or with the elected official's designee, or with
12 the chair of the district school board or the chair's
13 designee, or with the chair of the board of the charter school
14 or the chair's designee, or with the chair of the charter
15 technical career center or the chair's designee, as
16 appropriate, all of the auditor's comments that will be
17 included in the audit report. If the officer is not available
18 to discuss the auditor's comments, their discussion is
19 presumed when the comments are delivered in writing to his or
20 her office. The auditor shall notify each member of the
21 governing body of a local governmental entity, or district
22 school board, or charter school for which deteriorating
23 financial conditions exist that may cause a condition
24 described in s. 218.503(1) to occur if actions are not taken
25 to address such conditions.
26 Section 5. Section 218.50, Florida Statutes, is
27 amended to read:
28 218.50 Short title.--Sections 218.50-218.504 may be
29 cited as the "Local Governmental Entity, Charter School, and
30 District School Board Financial Emergencies Act."
31
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1 Section 6. Section 218.501, Florida Statutes, is
2 amended to read:
3 218.501 Purposes.--The purposes of ss. 218.50-218.504
4 are:
5 (1) To promote the fiscal responsibility of local
6 governmental entities, charter schools, and district school
7 boards.
8 (2) To assist local governmental entities, charter
9 schools, and district school boards in providing essential
10 services without interruption and in meeting their financial
11 obligations.
12 (3) To assist local governmental entities, charter
13 schools, and district school boards through the improvement of
14 local financial management procedures.
15 Section 7. Section 218.503, Florida Statutes, is
16 amended to read:
17 218.503 Determination of financial emergency.--
18 (1) Local governmental entities, charter schools, and
19 district school boards shall be subject to review and
20 oversight by the Governor, the charter school sponsor, or the
21 Commissioner of Education, as appropriate, when any one of the
22 following conditions occurs:
23 (a) Failure within the same fiscal year in which due
24 to pay short-term loans or failure to make bond debt service
25 or other long-term debt payments when due, as a result of a
26 lack of funds.
27 (b) Failure to pay uncontested claims from creditors
28 within 90 days after the claim is presented, as a result of a
29 lack of funds.
30 (c) Failure to transfer at the appropriate time, due
31 to lack of funds:
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1 1. Taxes withheld on the income of employees; or
2 2. Employer and employee contributions for:
3 a. Federal social security; or
4 b. Any pension, retirement, or benefit plan of an
5 employee.
6 (d) Failure for one pay period to pay, due to lack of
7 funds:
8 1. Wages and salaries owed to employees; or
9 2. Retirement benefits owed to former employees.
10 (e) An unreserved or total fund balance or retained
11 earnings deficit, or unrestricted or total net assets deficit,
12 as reported on the balance sheet or statement of net assets on
13 the general purpose or fund financial statements, for which
14 sufficient resources of the local governmental entity, as
15 reported on the balance sheet or statement of net assets on
16 the general purpose or fund financial statements, are not
17 available to cover the deficit. Resources available to cover
18 reported deficits include net assets that are not otherwise
19 restricted by federal, state, or local laws, bond covenants,
20 contractual agreements, or other legal constraints. Fixed or
21 capital assets, the disposal of which would impair the ability
22 of a local governmental entity to carry out its functions, are
23 not considered resources available to cover reported deficits.
24 (2) A local governmental entity shall notify the
25 Governor and the Legislative Auditing Committee, a charter
26 school shall notify the charter school sponsor and the
27 Legislative Auditing Committee, and a district school board
28 shall notify the Commissioner of Education and the Legislative
29 Auditing Committee, when one or more of the conditions
30 specified in subsection (1) have occurred or will occur if
31 action is not taken to assist the local governmental entity,
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1 charter school, or district school board. In addition, any
2 state agency must, within 30 days after a determination that
3 one or more of the conditions specified in subsection (1) have
4 occurred or will occur if action is not taken to assist the
5 local governmental entity, charter school, or district school
6 board, notify the Governor, the charter school sponsor, or the
7 Commissioner of Education, as appropriate, and the Legislative
8 Auditing Committee.
9 (3) Upon notification that one or more of the
10 conditions in subsection (1) exist, the Governor or his or her
11 designee shall contact the local governmental entity or the
12 Commissioner of Education or his or her designee shall contact
13 the district school board to determine what actions have been
14 taken by the local governmental entity or the district school
15 board to resolve the condition. The Governor or the
16 Commissioner of Education, as appropriate, shall determine
17 whether the local governmental entity or the district school
18 board needs state assistance to resolve the condition. If
19 state assistance is needed, the local governmental entity or
20 district school board is considered to be in a state of
21 financial emergency. The Governor or the Commissioner of
22 Education, as appropriate, has the authority to implement
23 measures as set forth in ss. 218.50-218.504 to assist the
24 local governmental entity or district school board in
25 resolving the financial emergency. Such measures may include,
26 but are not limited to:
27 (a) Requiring approval of the local governmental
28 entity's budget by the Governor or approval of the district
29 school board's budget by the Commissioner of Education.
30 (b) Authorizing a state loan to a local governmental
31 entity and providing for repayment of same.
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1 (c) Prohibiting a local governmental entity or
2 district school board from issuing bonds, notes, certificates
3 of indebtedness, or any other form of debt until such time as
4 it is no longer subject to this section.
5 (d) Making such inspections and reviews of records,
6 information, reports, and assets of the local governmental
7 entity or district school board. The appropriate local
8 officials shall cooperate in such inspections and reviews.
9 (e) Consulting with officials and auditors of the
10 local governmental entity or the district school board and the
11 appropriate state officials regarding any steps necessary to
12 bring the books of account, accounting systems, financial
13 procedures, and reports into compliance with state
14 requirements.
15 (f) Providing technical assistance to the local
16 governmental entity or the district school board.
17 (g)1. Establishing a financial emergency board to
18 oversee the activities of the local governmental entity or the
19 district school board. If a financial emergency board is
20 established for a local governmental entity, the Governor
21 shall appoint board members and select a chair. If a financial
22 emergency board is established for a district school board,
23 the State Board of Education shall appoint board members and
24 select a chair. The financial emergency board shall adopt such
25 rules as are necessary for conducting board business. The
26 board may:
27 a. Make such reviews of records, reports, and assets
28 of the local governmental entity or the district school board
29 as are needed.
30 b. Consult with officials and auditors of the local
31 governmental entity or the district school board and the
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1 appropriate state officials regarding any steps necessary to
2 bring the books of account, accounting systems, financial
3 procedures, and reports of the local governmental entity or
4 the district school board into compliance with state
5 requirements.
6 c. Review the operations, management, efficiency,
7 productivity, and financing of functions and operations of the
8 local governmental entity or the district school board.
9 2. The recommendations and reports made by the
10 financial emergency board must be submitted to the Governor
11 for local governmental entities or to the Commissioner of
12 Education and the State Board of Education for district school
13 boards for appropriate action.
14 (h) Requiring and approving a plan, to be prepared by
15 officials of the local governmental entity or the district
16 school board in consultation with the appropriate state
17 officials, prescribing actions that will cause the local
18 governmental entity or district school board to no longer be
19 subject to this section. The plan must include, but need not
20 be limited to:
21 1. Provision for payment in full of obligations
22 outlined in subsection (1), designated as priority items, that
23 are currently due or will come due.
24 2. Establishment of priority budgeting or zero-based
25 budgeting in order to eliminate items that are not affordable.
26 3. The prohibition of a level of operations which can
27 be sustained only with nonrecurring revenues.
28 (4) Upon notification that one or more of the
29 conditions in subsection (1) exist, the charter school sponsor
30 or the sponsor's designee shall contact the charter school
31 governing board to determine what actions have been taken by
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1 the charter school governing board to resolve the condition.
2 The charter school sponsor may require and approve a
3 financial-recovery plan, to be prepared by the charter school
4 governing board, prescribing actions that will cause the
5 charter school to no longer be subject to this section. The
6 Department of Education must establish guidelines for
7 developing such plans.
8 (5)(4) A local governmental entity or district school
9 board may not seek application of laws under the bankruptcy
10 provisions of the United States Constitution except with the
11 prior approval of the Governor for local governmental entities
12 or the Commissioner of Education for district school boards.
13 (6)(5)(a) The governing authority of any municipality
14 having a resident population of 300,000 or more on or after
15 April 1, 1999, which has been declared in a state of financial
16 emergency pursuant to this section may impose a discretionary
17 per-vehicle surcharge of up to 20 percent on the gross
18 revenues of the sale, lease, or rental of space at parking
19 facilities within the municipality which are open for use to
20 the general public.
21 (b) A municipal governing authority that imposes the
22 surcharge authorized by this subsection may use the proceeds
23 of such surcharge for the following purposes only:
24 1. No less than 60 percent and no more than 80 percent
25 of the surcharge proceeds shall be used by the governing
26 authority to reduce its ad valorem tax millage rate or to
27 reduce or eliminate non-ad valorem assessments.
28 2. A portion of the balance of the surcharge proceeds
29 shall be used by the governing authority to increase its
30 budget reserves; however, the governing authority shall not
31 reduce the amount it allocates for budget reserves from other
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1 sources below the amount allocated for reserves in the fiscal
2 year prior to the year in which the surcharge is initially
3 imposed. When a 15-percent budget reserve is achieved, based
4 on the average gross revenue for the most recent 3 prior
5 fiscal years, the remaining proceeds from this subparagraph
6 shall be used for the payment of annual debt service related
7 to outstanding obligations backed or secured by a covenant to
8 budget and appropriate from non-ad valorem revenues.
9 (c) This subsection expires June 30, 2006.
10 Section 8. Subsection (1) of section 218.504, Florida
11 Statutes, is amended to read:
12 218.504 Cessation of state action.--The Governor or
13 the Commissioner of Education, as appropriate, has the
14 authority to terminate all state actions pursuant to ss.
15 218.50-218.504. Cessation of state action must not occur until
16 the Governor or the Commissioner of Education, as appropriate,
17 has determined that:
18 (1) The local governmental entity, charter school, or
19 district school board:
20 (a) Has established and is operating an effective
21 financial accounting and reporting system.
22 (b) Has resolved the conditions outlined in s.
23 218.503(1).
24 Section 9. Paragraph (a) of subsection (9) and
25 paragraph (b) of subsection (11) of section 1002.32, Florida
26 Statutes, are amended to read:
27 1002.32 Developmental research (laboratory) schools.--
28 (9) FUNDING.--Funding for a lab school, including a
29 charter lab school, shall be provided as follows:
30 (a) Each lab school shall be allocated its
31 proportional share of operating funds from the Florida
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1 Education Finance Program as provided in s. 1011.62 based on
2 the county in which the lab school is located and the General
3 Appropriations Act. The nonvoted ad valorem millage that would
4 otherwise be required for lab schools shall be allocated from
5 state funds. The required local effort funds calculated
6 pursuant to s. 1011.62 shall be allocated from state funds to
7 the schools as a part of the allocation of operating funds
8 pursuant to s. 1011.62. Each eligible lab school in operation
9 as of September 1, 2002, shall also receive a proportional
10 share of the sparsity supplement as calculated pursuant to s.
11 1011.62. In addition, each lab school shall receive its
12 proportional share of all categorical funds, with the
13 exception of s. 1011.68, and new categorical funds enacted
14 after July 1, 1994, for the purpose of elementary or secondary
15 academic program enhancement. However, if a lab school elects
16 to provide student transportation for purposes of fulfilling
17 its requirement for having a representative student population
18 pursuant to s. 1002.32(4), the lab school is eligible for
19 funding pursuant to s. 1011.68. The sum of funds available as
20 provided in this paragraph shall be included annually in the
21 Florida Education Finance Program and appropriate categorical
22 programs funded in the General Appropriations Act.
23 (11) EXCEPTIONS TO LAW.--To encourage innovative
24 practices and facilitate the mission of the lab schools, in
25 addition to the exceptions to law specified in s. 1001.23(2),
26 the following exceptions shall be permitted for lab schools:
27 (b) With the exception of s. 1001.42(16), s. 1001.42
28 shall be held in abeyance, except that a lab school may elect
29 to provide transportation in accordance with s. 1001.42(8) for
30 purposes of fulfilling the requirement for having a
31 representative student population pursuant to s. 1002.32(4).
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1 Reference to district school boards in s. 1001.42(16) shall
2 mean the president of the university or the president's
3 designee.
4 Section 10. This act shall take effect upon becoming a
5 law.
6
7 *****************************************
8 SENATE SUMMARY
9 Revises various provisions governing the operation of a
charter school. Requires that the district school board
10 document its denial of an application for a charter
school. Requires the Department of Education to assist
11 applicants for a charter school and establish guidelines
for financial-recovery plans. Revises procedures for
12 terminating or nonrenewing a charter. Provides that the
termination or nonrenewal of a charter is not subject to
13 administrative review. Requires a charter school to file
a financial-recovery plan under certain circumstances.
14 Provides that charter schools are eligible for certain
capital outlay funds. Provides that charter schools be
15 included under laws governing financial emergencies. (See
bill for details.)
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31
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