1 | The Education Council recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to charter schools; amending s. 1002.33, |
7 | F.S.; revising charter school purposes; modifying |
8 | provisions relating to duties of sponsors, the application |
9 | process, denial of an application, and review of appeals; |
10 | requiring the Department of Education to provide technical |
11 | assistance to charter school applicants; providing |
12 | requirements relating to charter contracts; providing |
13 | procedures when a state of financial emergency exists; |
14 | revising provisions relating to charter terms and renewal; |
15 | revising nonrenewal and termination provisions, including |
16 | procedures for immediate termination; revising provisions |
17 | relating to the reversion of funds; revising duties of a |
18 | charter school governing body relating to audits; |
19 | requiring the department to develop a uniform |
20 | accountability report; providing procedures with respect |
21 | to charter schools with deficiencies; requiring a school |
22 | improvement plan to raise student achievement; providing |
23 | for probation and corrective actions; requiring |
24 | consultation with respect to conversion charter school |
25 | attendance zones; revising provisions relating to payment |
26 | and reimbursement to a charter school by a school district |
27 | and authorizing the withholding of lottery funds under |
28 | certain circumstances; authorizing the State Board of |
29 | Education to impose a fine on or withhold lottery funds |
30 | from a school district for certain violations; requiring |
31 | conversion charter schools to comply with certain facility |
32 | requirements under specific situations; authorizing |
33 | certain zoning and land use designations for certain |
34 | charter school facilities; revising exemption from |
35 | assessment of fees; authorizing the department to |
36 | recommend that school districts make certain space |
37 | available to charter schools; providing for additional |
38 | services to charter schools and revising administrative |
39 | fee requirements; requiring the department to develop a |
40 | standard format for applications, charters, and charter |
41 | renewals; requiring legislative review of charter schools |
42 | in 2010; amending s. 218.39, F.S.; requiring the governing |
43 | body of a charter school to be notified of certain |
44 | deteriorating financial conditions; amending s. 218.50, |
45 | F.S.; modifying a short title; amending s. 218.501, F.S.; |
46 | including charter schools in the statement of purpose |
47 | relating to financial management; amending s. 218.503, |
48 | F.S.; providing for charter schools to be subject to |
49 | provisions governing financial emergencies; providing |
50 | procedures; amending s. 218.504, F.S.; providing for |
51 | cessation of state action related to a state of financial |
52 | emergency; amending s. 11.45, F.S.; conforming provisions; |
53 | amending s. 1003.05, F.S.; modifying the list of special |
54 | academic programs for transitioning students from military |
55 | families; amending s. 1012.74, F.S.; providing that |
56 | educator professional liability insurance shall cover |
57 | charter school personnel; providing effective dates. |
58 |
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59 | Be It Enacted by the Legislature of the State of Florida: |
60 |
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61 | Section 1. Section 1002.33, Florida Statutes, is amended |
62 | to read: |
63 | 1002.33 Charter schools.-- |
64 | (1) AUTHORIZATION.--Charter schools shall be part of the |
65 | state's program of public education. All charter schools in |
66 | Florida are public schools. A charter school may be formed by |
67 | creating a new school or converting an existing public school to |
68 | charter status. A public school may not use the term charter in |
69 | its name unless it has been approved under this section. |
70 | (2) GUIDING PRINCIPLES; PURPOSE.-- |
71 | (a) Charter schools in Florida shall be guided by the |
72 | following principles: |
73 | 1. Meet high standards of student achievement while |
74 | providing parents flexibility to choose among diverse |
75 | educational opportunities within the state's public school |
76 | system. |
77 | 2. Promote enhanced academic success and financial |
78 | efficiency by aligning responsibility with accountability. |
79 | 3. Provide parents with sufficient information on whether |
80 | their child is reading at grade level and whether the child |
81 | gains at least a year's worth of learning for every year spent |
82 | in the charter school. |
83 | (b) Charter schools shall fulfill the following purposes: |
84 | 1. Improve student learning and academic achievement. |
85 | 2. Increase learning opportunities for all students, with |
86 | special emphasis on low-performing students and reading. |
87 | 3. Create new professional opportunities for teachers, |
88 | including ownership of the learning program at the school site. |
89 | 3.4. Encourage the use of innovative learning methods. |
90 | 4.5. Require the measurement of learning outcomes. |
91 | (c) Charter schools may fulfill the following purposes: |
92 | 1. Create innovative measurement tools. |
93 | 2. Provide rigorous competition within the public school |
94 | district to stimulate continual improvement in all public |
95 | schools. |
96 | 3. Expand the capacity of the public school system. |
97 | 4. Mitigate the educational impact created by the |
98 | development of new residential dwelling units. |
99 | 5. Create new professional opportunities for teachers, |
100 | including ownership of the learning program at the school site. |
101 | (3) APPLICATION FOR CHARTER STATUS.-- |
102 | (a) An application for a new charter school may be made by |
103 | an individual, teachers, parents, a group of individuals, a |
104 | municipality, or a legal entity organized under the laws of this |
105 | state. |
106 | (b) An application for a conversion charter school shall |
107 | be made by the district school board, the principal, teachers, |
108 | parents, and/or the school advisory council at an existing |
109 | public school that has been in operation for at least 2 years |
110 | prior to the application to convert., including A public school- |
111 | within-a-school that is designated as a school by the district |
112 | school board may also submit an application to convert to |
113 | charter status. An application submitted proposing to convert an |
114 | existing public school to a charter school shall demonstrate the |
115 | support of at least 50 percent of the teachers employed at the |
116 | school and 50 percent of the parents voting whose children are |
117 | enrolled at the school, provided that a majority of the parents |
118 | eligible to vote participate in the ballot process, according to |
119 | rules adopted by the State Board of Education. A district school |
120 | board denying an application for a conversion charter school |
121 | shall provide notice of denial to the applicants in writing |
122 | within 10 30 days after the meeting at which the district school |
123 | board denied the application. The notice must articulate in |
124 | writing specify the specific exact reasons for denial and must |
125 | provide documentation supporting those reasons. A private |
126 | school, parochial school, or home education program shall not be |
127 | eligible for charter school status. |
128 | (4) UNLAWFUL REPRISAL.-- |
129 | (a) No district school board, or district school board |
130 | employee who has control over personnel actions, shall take |
131 | unlawful reprisal against another district school board employee |
132 | because that employee is either directly or indirectly involved |
133 | with an application to establish a charter school. As used in |
134 | this subsection, the term "unlawful reprisal" means an action |
135 | taken by a district school board or a school system employee |
136 | against an employee who is directly or indirectly involved in a |
137 | lawful application to establish a charter school, which occurs |
138 | as a direct result of that involvement, and which results in one |
139 | or more of the following: disciplinary or corrective action; |
140 | adverse transfer or reassignment, whether temporary or |
141 | permanent; suspension, demotion, or dismissal; an unfavorable |
142 | performance evaluation; a reduction in pay, benefits, or |
143 | rewards; elimination of the employee's position absent of a |
144 | reduction in workforce as a result of lack of moneys or work; or |
145 | other adverse significant changes in duties or responsibilities |
146 | that are inconsistent with the employee's salary or employment |
147 | classification. The following procedures shall apply to an |
148 | alleged unlawful reprisal that occurs as a consequence of an |
149 | employee's direct or indirect involvement with an application to |
150 | establish a charter school: |
151 | 1. Within 60 days after the date upon which a reprisal |
152 | prohibited by this subsection is alleged to have occurred, an |
153 | employee may file a complaint with the Department of Education. |
154 | 2. Within 3 working days after receiving a complaint under |
155 | this section, the Department of Education shall acknowledge |
156 | receipt of the complaint and provide copies of the complaint and |
157 | any other relevant preliminary information available to each of |
158 | the other parties named in the complaint, which parties shall |
159 | each acknowledge receipt of such copies to the complainant. |
160 | 3. If the Department of Education determines that the |
161 | complaint demonstrates reasonable cause to suspect that an |
162 | unlawful reprisal has occurred, the Department of Education |
163 | shall conduct an investigation to produce a fact-finding report. |
164 | 4. Within 90 days after receiving the complaint, the |
165 | Department of Education shall provide the district school |
166 | superintendent of the complainant's district and the complainant |
167 | with a fact-finding report that may include recommendations to |
168 | the parties or a proposed resolution of the complaint. The fact- |
169 | finding report shall be presumed admissible in any subsequent or |
170 | related administrative or judicial review. |
171 | 5. If the Department of Education determines that |
172 | reasonable grounds exist to believe that an unlawful reprisal |
173 | has occurred, is occurring, or is to be taken, and is unable to |
174 | conciliate a complaint within 60 days after receipt of the fact- |
175 | finding report, the Department of Education shall terminate the |
176 | investigation. Upon termination of any investigation, the |
177 | Department of Education shall notify the complainant and the |
178 | district school superintendent of the termination of the |
179 | investigation, providing a summary of relevant facts found |
180 | during the investigation and the reasons for terminating the |
181 | investigation. A written statement under this paragraph is |
182 | presumed admissible as evidence in any judicial or |
183 | administrative proceeding. |
184 | 6. The Department of Education shall either contract with |
185 | the Division of Administrative Hearings under s. 120.65, or |
186 | otherwise provide for a complaint for which the Department of |
187 | Education determines reasonable grounds exist to believe that an |
188 | unlawful reprisal has occurred, is occurring, or is to be taken, |
189 | and is unable to conciliate, to be heard by a panel of impartial |
190 | persons. Upon hearing the complaint, the panel shall make |
191 | findings of fact and conclusions of law for a final decision by |
192 | the Department of Education. |
193 |
|
194 | It shall be an affirmative defense to any action brought |
195 | pursuant to this section that the adverse action was predicated |
196 | upon grounds other than, and would have been taken absent, the |
197 | employee's exercise of rights protected by this section. |
198 | (b) In any action brought under this section for which it |
199 | is determined reasonable grounds exist to believe that an |
200 | unlawful reprisal has occurred, is occurring, or is to be taken, |
201 | the relief shall include the following: |
202 | 1. Reinstatement of the employee to the same position held |
203 | before the unlawful reprisal was commenced, or to an equivalent |
204 | position, or payment of reasonable front pay as alternative |
205 | relief. |
206 | 2. Reinstatement of the employee's full fringe benefits |
207 | and seniority rights, as appropriate. |
208 | 3. Compensation, if appropriate, for lost wages, benefits, |
209 | or other lost remuneration caused by the unlawful reprisal. |
210 | 4. Payment of reasonable costs, including attorney's fees, |
211 | to a substantially prevailing employee, or to the prevailing |
212 | employer if the employee filed a frivolous action in bad faith. |
213 | 5. Issuance of an injunction, if appropriate, by a court |
214 | of competent jurisdiction. |
215 | 6. Temporary reinstatement to the employee's former |
216 | position or to an equivalent position, pending the final outcome |
217 | of the complaint, if it is determined that the action was not |
218 | made in bad faith or for a wrongful purpose, and did not occur |
219 | after a district school board's initiation of a personnel action |
220 | against the employee that includes documentation of the |
221 | employee's violation of a disciplinary standard or performance |
222 | deficiency. |
223 | (5) SPONSOR; DUTIES.-- |
224 | (a) Sponsoring entities.-- |
225 | 1. A district school board may sponsor a charter school in |
226 | the county over which the district school board has |
227 | jurisdiction. |
228 | 2. A state university may grant a charter to a lab school |
229 | created under s. 1002.32 and shall be considered to be the |
230 | school's sponsor. Such school shall be considered a charter lab |
231 | school. |
232 | (b) Sponsor duties.-- |
233 | 1. The sponsor shall monitor and review the charter school |
234 | in its progress toward the goals established in the charter. |
235 | 2. The sponsor shall monitor the revenues and expenditures |
236 | of the charter school. |
237 | 3. The sponsor may approve a charter for a charter school |
238 | before the applicant has secured space, equipment, or personnel, |
239 | if the applicant indicates approval is necessary for it to raise |
240 | working funds capital. |
241 | 4. The sponsor's policies shall not apply to a charter |
242 | school unless mutually agreed to by both the sponsor and the |
243 | charter school. |
244 | 5. The sponsor shall ensure that the charter is innovative |
245 | and consistent with the state education goals established by s. |
246 | 1000.03(5). |
247 | 6. The sponsor shall ensure that the charter school |
248 | participates in the state's education accountability system. If |
249 | a charter school falls short of performance measures included in |
250 | the approved charter, the sponsor shall report such shortcomings |
251 | to the Department of Education. |
252 | 7. The sponsor shall not impose additional reporting |
253 | requirements on a charter school without providing reasonable |
254 | and specific justification in writing to the charter school. |
255 |
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256 | A community college may work with the school district or school |
257 | districts in its designated service area to develop charter |
258 | schools that offer secondary education. These charter schools |
259 | must include an option for students to receive an associate |
260 | degree upon high school graduation. District school boards shall |
261 | cooperate with and assist the community college on the charter |
262 | application. Community college applications for charter schools |
263 | are not subject to the time deadlines outlined in subsection (6) |
264 | and may be approved by the district school board at any time |
265 | during the year. Community colleges shall not report FTE for any |
266 | students who receive FTE funding through the Florida Education |
267 | Finance Program. |
268 | (6) APPLICATION PROCESS AND REVIEW.--Charter school |
269 | Beginning September 1, 2003, applications are subject to the |
270 | following requirements: |
271 | (a) A person or entity wishing to open a charter school |
272 | shall prepare an application that: |
273 | 1. Demonstrates how the school will use the guiding |
274 | principles and meet the statutorily defined purpose of a charter |
275 | school. |
276 | 2. Provides a detailed curriculum plan that illustrates |
277 | how students will be provided services to attain the Sunshine |
278 | State Standards. |
279 | 3. Contains goals and objectives for improving student |
280 | learning and measuring that improvement. These goals and |
281 | objectives must indicate how much academic improvement students |
282 | are expected to show each year, how success will be evaluated, |
283 | and the specific results to be attained through instruction. |
284 | 4. Describes the reading curriculum and differentiated |
285 | strategies that will be used for students reading at grade level |
286 | or higher and a separate curriculum and strategies for students |
287 | who are reading below grade level. A sponsor shall deny a |
288 | charter if the school does not propose a reading curriculum that |
289 | is consistent with effective teaching strategies that are |
290 | grounded in scientifically based reading research. |
291 | 5. Contains an annual financial plan for each year |
292 | requested by the charter for operation of the school for up to 5 |
293 | years. This plan must contain anticipated fund balances based on |
294 | revenue projections, a spending plan based on projected revenues |
295 | and expenses, and a description of controls that will safeguard |
296 | finances and projected enrollment trends. |
297 | (b) A district school board shall receive and review all |
298 | applications for a charter school. Beginning with the 2007-2008 |
299 | school year, a district school board shall receive and consider |
300 | charter school applications received on or before August |
301 | September 1 of each calendar year for charter schools to be |
302 | opened at the beginning of the school district's next school |
303 | year, or to be opened at a time agreed to by the applicant and |
304 | the district school board. A district school board may receive |
305 | applications later than this date if it chooses. A sponsor may |
306 | not charge an applicant for a charter any fee for the processing |
307 | or consideration of an application, and a sponsor may not base |
308 | its consideration or approval of an application upon the promise |
309 | of future payment of any kind. |
310 | 1. In order to facilitate an accurate budget projection |
311 | process, a district school board shall be held harmless for FTE |
312 | students who are not included in the FTE projection due to |
313 | approval of charter school applications after the FTE projection |
314 | deadline. In a further effort to facilitate an accurate budget |
315 | projection, within 15 calendar days after receipt of a charter |
316 | school application, a district school board or other sponsor |
317 | shall report to the Department of Education the name of the |
318 | applicant entity, the proposed charter school location, and its |
319 | projected FTE. |
320 | 2. In order to ensure fiscal responsibility, an |
321 | application for a charter school shall include a full accounting |
322 | of expected assets, a projection of expected sources and amounts |
323 | of income, including income derived from projected student |
324 | enrollments and from community support, and an expense |
325 | projection that includes full accounting of the costs of |
326 | operation, including start-up costs. |
327 | 3. A district school board shall by a majority vote |
328 | approve or deny an application no later than 60 calendar days |
329 | after the application is received, unless the district school |
330 | board and the applicant mutually agree in writing to temporarily |
331 | postpone the vote to a specific date, at which time the district |
332 | school board shall by a majority vote approve or deny the |
333 | application. If the district school board fails to act on the |
334 | application, an applicant may appeal to the State Board of |
335 | Education as provided in paragraph (c). If an application is |
336 | denied, the district school board shall, within 10 calendar |
337 | days, articulate in writing the specific reasons for based upon |
338 | good cause supporting its denial of the charter application and |
339 | shall provide the letter of denial and supporting documentation |
340 | to the applicant and to the Department of Education supporting |
341 | those reasons. |
342 | 4. For budget projection purposes, the district school |
343 | board or other sponsor shall report to the Department of |
344 | Education the approval or denial of a charter application within |
345 | 10 calendar days after such approval or denial. In the event of |
346 | approval, the report to the Department of Education shall |
347 | include the final projected FTE for the approved charter school. |
348 | 5. Upon approval of a charter application, the initial |
349 | startup shall commence with the beginning of the public school |
350 | calendar for the district in which the charter is granted unless |
351 | the sponsor district school board allows a waiver of this |
352 | provision for good cause. |
353 | (c) An applicant may appeal any denial of that applicant's |
354 | application or failure to act on an application to the State |
355 | Board of Education no later than 30 calendar days after receipt |
356 | of the district school board's decision or failure to act and |
357 | shall notify the district school board of its appeal. Any |
358 | response of the district school board shall be submitted to the |
359 | State Board of Education within 30 calendar days after |
360 | notification of the appeal. Upon receipt of notification from |
361 | the State Board of Education that a charter school applicant is |
362 | filing an appeal, the Commissioner of Education shall convene a |
363 | meeting of the Charter School Appeal Commission to study and |
364 | make recommendations to the State Board of Education regarding |
365 | its pending decision about the appeal. The commission shall |
366 | forward its recommendation to the state board no later than 7 |
367 | calendar days prior to the date on which the appeal is to be |
368 | heard. The State Board of Education shall by majority vote |
369 | accept or reject the decision of the district school board no |
370 | later than 90 calendar days after an appeal is filed in |
371 | accordance with State Board of Education rule. The Charter |
372 | School Appeal Commission may reject an appeal submission for |
373 | failure to comply with procedural rules governing the appeals |
374 | process. The rejection shall describe the submission errors. The |
375 | appellant may have up to 15 calendar days from notice of |
376 | rejection to resubmit an appeal that meets requirements of State |
377 | Board of Education rule. An application for appeal submitted |
378 | subsequent to such rejection shall be considered timely if the |
379 | original appeal was filed within 30 calendar days after receipt |
380 | of notice of the specific reasons for the district school |
381 | board's denial of the charter application. The State Board of |
382 | Education shall remand the application to the district school |
383 | board with its written decision that the district school board |
384 | approve or deny the application. The district school board shall |
385 | implement the decision of the State Board of Education. The |
386 | decision of the State Board of Education is not subject to the |
387 | provisions of the Administrative Procedure Act, chapter 120. |
388 | (d) The district school board shall act upon the decision |
389 | of the State Board of Education within 30 calendar days after it |
390 | is received. The State Board of Education's decision is a final |
391 | action subject to judicial review in the district court of |
392 | appeal. |
393 | (e)1. A Charter School Appeal Commission is established to |
394 | assist the commissioner and the State Board of Education with a |
395 | fair and impartial review of appeals by applicants whose charter |
396 | applications have been denied, whose charter contracts have not |
397 | been renewed, or whose charter contracts have been terminated by |
398 | their sponsors, or whose disputes over contract negotiations |
399 | have not been resolved through mediation. |
400 | 2. The Charter School Appeal Commission may receive copies |
401 | of the appeal documents forwarded to the State Board of |
402 | Education, review the documents, gather other applicable |
403 | information regarding the appeal, and make a written |
404 | recommendation to the commissioner. The recommendation must |
405 | state whether the appeal should be upheld or denied and include |
406 | the reasons for the recommendation being offered. The |
407 | commissioner shall forward the recommendation to the State Board |
408 | of Education no later than 7 calendar days prior to the date on |
409 | which the appeal is to be heard. The state board must consider |
410 | the commission's recommendation in making its decision, but is |
411 | not bound by the recommendation. The decision of the Charter |
412 | School Appeal Commission is not subject to the provisions of the |
413 | Administrative Procedure Act, chapter 120. |
414 | 3. The commissioner shall appoint the members of the |
415 | Charter School Appeal Commission. Members shall serve without |
416 | compensation but may be reimbursed for travel and per diem |
417 | expenses in conjunction with their service. One-half of the |
418 | members must represent currently operating charter schools, and |
419 | one-half of the members must represent school districts. The |
420 | commissioner or a named designee shall chair the Charter School |
421 | Appeal Commission. |
422 | 4. The chair shall convene meetings of the commission and |
423 | shall ensure that the written recommendations are completed and |
424 | forwarded in a timely manner. In cases where the commission |
425 | cannot reach a decision, the chair shall make the written |
426 | recommendation with justification, noting that the decision was |
427 | rendered by the chair. |
428 | 5. Commission members shall thoroughly review the |
429 | materials presented to them from the appellant and the sponsor. |
430 | The commission may request information to clarify the |
431 | documentation presented to it. In the course of its review, the |
432 | commission may facilitate the postponement of an appeal in those |
433 | cases where additional time and communication may negate the |
434 | need for a formal appeal and both parties agree, in writing, to |
435 | postpone the appeal to the State Board of Education. A new date |
436 | certain for the appeal shall then be set based upon the rules |
437 | and procedures of the State Board of Education. Commission |
438 | members shall provide a written recommendation to the state |
439 | board as to whether the appeal should be upheld or denied. A |
440 | fact-based justification for the recommendation must be |
441 | included. The chair must ensure that the written recommendation |
442 | is submitted to the State Board of Education members no later |
443 | than 7 calendar days prior to the date on which the appeal is to |
444 | be heard. Both parties in the case shall also be provided a copy |
445 | of the recommendation. |
446 | (f) The Department of Education shall offer or arrange for |
447 | training and technical assistance to charter school applicants |
448 | in developing business plans and estimating costs and income. |
449 | This assistance shall address estimating startup costs, |
450 | projecting enrollment, and identifying the types and amounts of |
451 | state and federal financial assistance the charter school will |
452 | be eligible to receive. The department of Education may provide |
453 | other technical assistance to an applicant upon written request. |
454 | (g) In considering charter applications for a lab school, |
455 | a state university shall consult with the district school board |
456 | of the county in which the lab school is located. The decision |
457 | of a state university may be appealed pursuant to the procedure |
458 | established in this subsection. |
459 | (h) The terms and conditions for the operation of a |
460 | charter school shall be set forth by the sponsor and the |
461 | applicant in a written contractual agreement, called a charter. |
462 | The sponsor shall not impose unreasonable rules or regulations |
463 | that violate the intent of giving charter schools greater |
464 | flexibility to meet educational goals. The applicant and sponsor |
465 | shall have 60 days to provide an initial proposed charter |
466 | contract to the charter school. The applicant and the sponsor |
467 | shall have 75 days thereafter to negotiate and notice the |
468 | charter contract for final approval by the sponsor unless both |
469 | parties agree to an extension 6 months in which to mutually |
470 | agree to the provisions of the charter. The proposed charter |
471 | contract shall be provided to the charter school at least 7 |
472 | calendar days prior to the date of the meeting at which the |
473 | charter is scheduled to be voted upon by the sponsor. The |
474 | Department of Education shall provide mediation services for any |
475 | dispute regarding this section subsequent to the approval of a |
476 | charter application and for any dispute relating to the approved |
477 | charter, except disputes regarding charter school application |
478 | denials. If the Commissioner of Education determines that the |
479 | dispute cannot be settled through mediation, the dispute may be |
480 | appealed to an administrative law judge appointed by the |
481 | Division of Administrative Hearings. The administrative law |
482 | judge may rule on issues of equitable treatment of the charter |
483 | school as a public school, whether proposed provisions of the |
484 | charter violate the intended flexibility granted charter schools |
485 | by statute, or on any other matter regarding this section except |
486 | a charter school application denial, a charter termination, or a |
487 | charter nonrenewal and shall award the prevailing party |
488 | reasonable attorney's fees and costs incurred to be paid by the |
489 | losing party. The costs of the administrative hearing shall be |
490 | paid by the party whom the administrative law judge rules |
491 | against. |
492 | (7) CHARTER.--The major issues involving the operation of |
493 | a charter school shall be considered in advance and written into |
494 | the charter. The charter shall be signed by the governing body |
495 | of the charter school and the sponsor, following a public |
496 | hearing to ensure community input. |
497 | (a) The charter shall address, and criteria for approval |
498 | of the charter shall be based on: |
499 | 1. The school's mission, the students to be served, and |
500 | the ages and grades to be included. |
501 | 2. The focus of the curriculum, the instructional methods |
502 | to be used, any distinctive instructional techniques to be |
503 | employed, and identification and acquisition of appropriate |
504 | technologies needed to improve educational and administrative |
505 | performance which include a means for promoting safe, ethical, |
506 | and appropriate uses of technology which comply with legal and |
507 | professional standards. The charter shall ensure that reading is |
508 | a primary focus of the curriculum and that resources are |
509 | provided to identify and provide specialized instruction for |
510 | students who are reading below grade level. The curriculum and |
511 | instructional strategies for reading must be consistent with the |
512 | Sunshine State Standards and grounded in scientifically based |
513 | reading research. |
514 | 3. The current incoming baseline standard of student |
515 | academic achievement, the outcomes to be achieved, and the |
516 | method of measurement that will be used. The criteria listed in |
517 | this subparagraph shall include a detailed description for each |
518 | of the following: |
519 | a. How the baseline student academic achievement levels |
520 | and prior rates of academic progress will be established. |
521 | b. How these baseline rates will be compared to rates of |
522 | academic progress achieved by these same students while |
523 | attending the charter school. |
524 | c. To the extent possible, how these rates of progress |
525 | will be evaluated and compared with rates of progress of other |
526 | closely comparable student populations. |
527 |
|
528 | The district school board is required to provide academic |
529 | student performance data to charter schools for each of their |
530 | students coming from the district school system, as well as |
531 | rates of academic progress of comparable student populations in |
532 | the district school system. |
533 | 4. The methods used to identify the educational strengths |
534 | and needs of students and how well educational goals and |
535 | performance standards are met by students attending the charter |
536 | school. Included in the methods is a means for the charter |
537 | school to ensure accountability to its constituents by analyzing |
538 | student performance data and by evaluating the effectiveness and |
539 | efficiency of its major educational programs. Students in |
540 | charter schools shall, at a minimum, participate in the |
541 | statewide assessment program created under s. 1008.22. |
542 | 5. In secondary charter schools, a method for determining |
543 | that a student has satisfied the requirements for graduation in |
544 | s. 1003.43. |
545 | 6. A method for resolving conflicts between the governing |
546 | body of the charter school and the sponsor. |
547 | 7. The admissions procedures and dismissal procedures, |
548 | including the school's code of student conduct. |
549 | 8. The ways by which the school will achieve a |
550 | racial/ethnic balance reflective of the community it serves or |
551 | within the racial/ethnic range of other public schools in the |
552 | same school district. |
553 | 9. The financial and administrative management of the |
554 | school, including a reasonable demonstration of the professional |
555 | experience or competence of those individuals or organizations |
556 | applying to operate the charter school or those hired or |
557 | retained to perform such professional services and the |
558 | description of clearly delineated responsibilities and the |
559 | policies and practices needed to effectively manage the charter |
560 | school. A description of internal audit procedures and |
561 | establishment of controls to ensure that financial resources are |
562 | properly managed must be included. Both public sector and |
563 | private sector professional experience shall be equally valid in |
564 | such a consideration. |
565 | 10. The asset and liability projections required in the |
566 | application which are incorporated into the charter and which |
567 | shall be compared with information provided in the annual report |
568 | of the charter school. The charter shall ensure that, if a |
569 | charter school internal audit or annual financial audit reveals |
570 | a state of financial emergency as defined in s. 218.503 or |
571 | deficit financial position, the auditors are required to notify |
572 | the charter school governing board, the sponsor, and the |
573 | Department of Education. The internal auditor shall report such |
574 | findings in the form of an exit interview to the principal or |
575 | the principal administrator of the charter school and the chair |
576 | of the governing board within 7 working days after finding the |
577 | state of financial emergency or deficit position. A final report |
578 | shall be provided to the entire governing board, the sponsor, |
579 | and the Department of Education within 14 working days after the |
580 | exit interview. When a charter school is in a state of financial |
581 | emergency, the charter school shall file a detailed financial |
582 | recovery plan with the sponsor. The department, with the |
583 | involvement of both sponsors and charter schools, shall |
584 | establish guidelines for developing such plans. |
585 | 11. A description of procedures that identify various |
586 | risks and provide for a comprehensive approach to reduce the |
587 | impact of losses; plans to ensure the safety and security of |
588 | students and staff; plans to identify, minimize, and protect |
589 | others from violent or disruptive student behavior; and the |
590 | manner in which the school will be insured, including whether or |
591 | not the school will be required to have liability insurance, |
592 | and, if so, the terms and conditions thereof and the amounts of |
593 | coverage. |
594 | 12. The term of the charter which shall provide for |
595 | cancellation of the charter if insufficient progress has been |
596 | made in attaining the student achievement objectives of the |
597 | charter and if it is not likely that such objectives can be |
598 | achieved before expiration of the charter. The initial term of a |
599 | charter shall be for 3, 4, or 5 years. In order to facilitate |
600 | access to long-term financial resources for charter school |
601 | construction, charter schools that are operated by a |
602 | municipality or other public entity as provided by law are |
603 | eligible for up to a 15-year charter, subject to approval by the |
604 | district school board. A charter lab school is eligible for a |
605 | charter for a term of up to 15 years. In addition, to facilitate |
606 | access to long-term financial resources for charter school |
607 | construction, charter schools that are operated by a private, |
608 | not-for-profit, s. 501(c)(3) status corporation are eligible for |
609 | up to a 15-year 10-year charter, subject to approval by the |
610 | district school board. Such long-term charters remain subject to |
611 | annual review and may be terminated during the term of the |
612 | charter, but only for specific good cause according to the |
613 | provisions set forth in subsection (8). |
614 | 13. The facilities to be used and their location. |
615 | 14. The qualifications to be required of the teachers and |
616 | the potential strategies used to recruit, hire, train, and |
617 | retain qualified staff to achieve best value. |
618 | 15. The governance structure of the school, including the |
619 | status of the charter school as a public or private employer as |
620 | required in paragraph (12)(i). |
621 | 16. A timetable for implementing the charter which |
622 | addresses the implementation of each element thereof and the |
623 | date by which the charter shall be awarded in order to meet this |
624 | timetable. |
625 | 17. In the case of an existing public school being |
626 | converted to charter status, alternative arrangements for |
627 | current students who choose not to attend the charter school and |
628 | for current teachers who choose not to teach in the charter |
629 | school after conversion in accordance with the existing |
630 | collective bargaining agreement or district school board rule in |
631 | the absence of a collective bargaining agreement. However, |
632 | alternative arrangements shall not be required for current |
633 | teachers who choose not to teach in a charter lab school, except |
634 | as authorized by the employment policies of the state university |
635 | which grants the charter to the lab school. |
636 | (b)1. A charter may be renewed every 5 school years, |
637 | provided that a program review demonstrates that the criteria in |
638 | paragraph (a) have been successfully accomplished and that none |
639 | of the grounds for nonrenewal established by paragraph (8)(a) |
640 | has been documented. In order to facilitate long-term financing |
641 | for charter school construction, charter schools operating for a |
642 | minimum of 2 years and demonstrating exemplary academic |
643 | programming and fiscal management are eligible for a 15-year |
644 | charter renewal. Such long-term charter is subject to annual |
645 | review and may be terminated during the term of the charter. |
646 | 2. The 15-year charter renewal that may be granted |
647 | pursuant to subparagraph 1. shall be granted to a charter school |
648 | that has received a school grade of "A" or "B" pursuant to s. |
649 | 1008.34 in 3 of the past 4 years and is not in a state of |
650 | financial emergency or deficit position as defined by this |
651 | section. Such long-term charter is subject to annual review and |
652 | may be terminated during the term of the charter pursuant to |
653 | subsection (8). |
654 | (c) A charter may be modified during its initial term or |
655 | any renewal term upon the recommendation of the sponsor or the |
656 | charter school governing board and the approval of both parties |
657 | to the agreement. |
658 | (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.-- |
659 | (a) At the end of the term of a charter, The sponsor may |
660 | choose not to renew or may terminate the charter for any of the |
661 | following grounds: |
662 | 1. Failure to participate in the state's education |
663 | accountability system created in s. 1008.31, as required in this |
664 | section, or failure to meet the requirements for student |
665 | performance stated in the charter. |
666 | 2. Failure to meet generally accepted standards of fiscal |
667 | management. |
668 | 3. Violation of law. |
669 | 4. Other good cause shown. |
670 | (b) During the term of a charter, the sponsor may |
671 | terminate the charter for any of the grounds listed in paragraph |
672 | (a). |
673 | (b)(c) At least 90 days prior to renewing or terminating a |
674 | charter, the sponsor shall notify the governing body of the |
675 | school of the proposed action in writing. The notice shall state |
676 | in reasonable detail the grounds for the proposed action and |
677 | stipulate that the school's governing body may, within 14 |
678 | calendar days after receiving the notice, request an informal |
679 | hearing before the sponsor. The sponsor shall conduct the |
680 | informal hearing within 30 calendar days after receiving a |
681 | written request. The charter school's governing body may, within |
682 | 14 calendar days after receiving the sponsor's decision to |
683 | terminate or refuse to renew the charter, appeal the decision |
684 | pursuant to the procedure established in subsection (6). |
685 | (c) If a charter is not renewed or is terminated pursuant |
686 | to paragraph (b), the sponsor shall, within 10 calendar days, |
687 | articulate in writing the specific reasons for its nonrenewal or |
688 | termination of the charter and must provide the letter of |
689 | nonrenewal or termination and documentation supporting the |
690 | reasons to the charter school governing body, the charter school |
691 | principal, and the Department of Education. The charter school's |
692 | governing body may, within 30 calendar days after receiving the |
693 | sponsor's final written decision to refuse to renew or to |
694 | terminate the charter, appeal the decision pursuant to the |
695 | procedure established in subsection (6). |
696 | (d) A charter may be terminated immediately if the sponsor |
697 | determines that good cause has been shown or if the health, |
698 | safety, or welfare of the students is threatened. The sponsor |
699 | shall notify in writing the charter school's governing body, the |
700 | charter school principal, and the department if a charter is |
701 | immediately terminated. The sponsor shall clearly identify the |
702 | specific issues that resulted in the immediate termination and |
703 | provide evidence of prior notification of issues resulting in |
704 | the immediate termination when appropriate. The school district |
705 | in which the charter school is located shall assume operation of |
706 | the school under these circumstances. The charter school's |
707 | governing board may, within 30 14 days after receiving the |
708 | sponsor's decision to terminate the charter, appeal the decision |
709 | pursuant to the procedure established in subsection (6). |
710 | (e) When a charter is not renewed or is terminated, the |
711 | school shall be dissolved under the provisions of law under |
712 | which the school was organized, and any unencumbered public |
713 | funds, except for capital outlay funds and federal charter |
714 | school program grant funds, from the charter school shall revert |
715 | to the sponsor district school board. Capital outlay funds |
716 | provided pursuant to s. 1013.62 and federal charter school |
717 | program grant funds that are unencumbered shall revert to the |
718 | department to be redistributed among eligible charter schools. |
719 | In the event a charter school is dissolved or is otherwise |
720 | terminated, all district school board property and improvements, |
721 | furnishings, and equipment purchased with public funds shall |
722 | automatically revert to full ownership by the district school |
723 | board, subject to complete satisfaction of any lawful liens or |
724 | encumbrances. Any unencumbered public funds from the charter |
725 | school, district school board property and improvements, |
726 | furnishings, and equipment purchased with public funds, or |
727 | financial or other records pertaining to the charter school, in |
728 | the possession of any person, entity, or holding company, other |
729 | than the charter school, shall be held in trust upon the |
730 | district school board's request, until any appeal status is |
731 | resolved. |
732 | (f) If a charter is not renewed or is terminated, the |
733 | charter school is responsible for all debts of the charter |
734 | school. The district may not assume the debt from any contract |
735 | for services made between the governing body of the school and a |
736 | third party, except for a debt that is previously detailed and |
737 | agreed upon in writing by both the district and the governing |
738 | body of the school and that may not reasonably be assumed to |
739 | have been satisfied by the district. |
740 | (g) If a charter is not renewed or is terminated, a |
741 | student who attended the school may apply to, and shall be |
742 | enrolled in, another public school. Normal application deadlines |
743 | shall be disregarded under such circumstances. |
744 | (9) CHARTER SCHOOL REQUIREMENTS.-- |
745 | (a) A charter school shall be nonsectarian in its |
746 | programs, admission policies, employment practices, and |
747 | operations. |
748 | (b) A charter school shall admit students as provided in |
749 | subsection (10). |
750 | (c) A charter school shall be accountable to its sponsor |
751 | for performance as provided in subsection (7). |
752 | (d) A charter school shall not charge tuition or |
753 | registration fees, except those fees normally charged by other |
754 | public schools. However, a charter lab school may charge a |
755 | student activity and service fee as authorized by s. 1002.32(5). |
756 | (e) A charter school shall meet all applicable state and |
757 | local health, safety, and civil rights requirements. |
758 | (f) A charter school shall not violate the |
759 | antidiscrimination provisions of s. 1000.05. |
760 | (g) A charter school shall provide for an annual financial |
761 | audit in accordance with s. 218.39. Financial audits that reveal |
762 | a state of financial emergency as defined in s. 218.503 and are |
763 | conducted by a certified public accountant or auditor in |
764 | accordance with s. 218.39 shall be provided to the governing |
765 | body of the charter school within 7 working days after finding |
766 | that a state of financial emergency exists. When a charter |
767 | school is found to be in a state of financial emergency by a |
768 | certified public accountant or auditor, the charter school must |
769 | file a detailed financial recovery plan with the sponsor within |
770 | 30 days after receipt of the audit. |
771 | (h) No organization shall hold more than 15 charters |
772 | statewide. |
773 | (h)(i) In order to provide financial information that is |
774 | comparable to that reported for other public schools, charter |
775 | schools are to maintain all financial records which constitute |
776 | their accounting system: |
777 | 1. In accordance with the accounts and codes prescribed in |
778 | the most recent issuance of the publication titled "Financial |
779 | and Program Cost Accounting and Reporting for Florida Schools"; |
780 | or |
781 | 2. At the discretion of the charter school governing |
782 | board, a charter school may elect to follow generally accepted |
783 | accounting standards for not-for-profit organizations, but must |
784 | reformat this information for reporting according to this |
785 | paragraph. |
786 |
|
787 | Charter schools shall are to provide annual financial report and |
788 | program cost report information in the state-required formats |
789 | for inclusion in district reporting in compliance with s. |
790 | 1011.60(1). Charter schools that are operated by a municipality |
791 | or are a component unit of a parent nonprofit organization may |
792 | use the accounting system of the municipality or the parent but |
793 | must reformat this information for reporting according to this |
794 | paragraph. |
795 | (i)(j) The governing board of the charter school shall |
796 | annually adopt and maintain an operating budget. |
797 | (j)(k) The governing body of the charter school shall |
798 | exercise continuing oversight over charter school operations. |
799 | (k) The governing body of the charter school shall be |
800 | responsible for: |
801 | 1. Ensuring that the charter school has retained the |
802 | services of a certified public accountant or auditor for the |
803 | annual financial audit, pursuant to paragraph (g), who shall |
804 | submit the report to the governing body. |
805 | 2. Reviewing and approving the audit report, including |
806 | audit findings and recommendations for the financial recovery |
807 | plan. |
808 | 3. Monitoring a financial recovery plan in order to ensure |
809 | compliance. |
810 | (l) The governing body of the charter school shall report |
811 | its progress annually to its sponsor, which shall forward the |
812 | report to the Commissioner of Education at the same time as |
813 | other annual school accountability reports. The Department of |
814 | Education shall develop a uniform, on-line annual accountability |
815 | report to be completed by charter schools. This report shall be |
816 | easy to utilize and contain demographic information, student |
817 | performance data, and financial accountability information. A |
818 | charter school shall not be required to provide information and |
819 | data that is duplicative and already in the possession of the |
820 | department. The Department of Education shall include in its |
821 | compilation a notation if a school failed to file its report by |
822 | the deadline established by the department. The report shall |
823 | include at least the following components: |
824 | 1. Student achievement performance data, including the |
825 | information required for the annual school report and the |
826 | education accountability system governed by ss. 1008.31 and |
827 | 1008.345. Charter schools are subject to the same accountability |
828 | requirements as other public schools, including reports of |
829 | student achievement information that links baseline student data |
830 | to the school's performance projections identified in the |
831 | charter. The charter school shall identify reasons for any |
832 | difference between projected and actual student performance. |
833 | 2. Financial status of the charter school which must |
834 | include revenues and expenditures at a level of detail that |
835 | allows for analysis of the ability to meet financial obligations |
836 | and timely repayment of debt. |
837 | 3. Documentation of the facilities in current use and any |
838 | planned facilities for use by the charter school for instruction |
839 | of students, administrative functions, or investment purposes. |
840 | 4. Descriptive information about the charter school's |
841 | personnel, including salary and benefit levels of charter school |
842 | employees, the proportion of instructional personnel who hold |
843 | professional or temporary certificates, and the proportion of |
844 | instructional personnel teaching in-field or out-of-field. |
845 | (m) A charter school shall not levy taxes or issue bonds |
846 | secured by tax revenues. |
847 | (n) A charter school shall provide instruction for at |
848 | least the number of days required by law for other public |
849 | schools, and may provide instruction for additional days. |
850 | (o) The director and a representative of the governing |
851 | body of a charter school that has received a school grade of "D" |
852 | under s. 1008.34(2) shall appear before the sponsor or the |
853 | sponsor's staff at least once a year to present information |
854 | concerning each contract component having noted deficiencies. |
855 | The sponsor shall communicate at the meeting, and in writing to |
856 | the director, the services provided to the school to help the |
857 | school address its deficiencies. |
858 | (p) Upon notification that a charter school receives a |
859 | school grade of "D" for 2 consecutive years or a school grade of |
860 | "F" under s. 1008.34(2), the charter school sponsor or the |
861 | sponsor's staff shall require the director and a representative |
862 | of the governing body to submit to the sponsor for approval a |
863 | school improvement plan to raise student achievement and to |
864 | implement the plan. The sponsor has the authority to approve a |
865 | school improvement plan that the charter school will implement |
866 | in the following school year. The sponsor may also consider the |
867 | State Board of Education's recommended action pursuant to s. |
868 | 1008.33(1) as part of the school improvement plan. The |
869 | Department of Education shall offer technical assistance and |
870 | training to the charter school and its governing body and |
871 | establish guidelines for developing, submitting, and approving |
872 | such plans. |
873 | 1. If the charter school fails to improve its student |
874 | performance from the year immediately prior to the |
875 | implementation of the school improvement plan, the sponsor shall |
876 | place the charter school on probation and shall require the |
877 | charter school governing body to take one of the following |
878 | corrective actions: |
879 | a. Contract for the educational services of the charter |
880 | school; |
881 | b. Reorganize the school at the end of the school year |
882 | under a new director or principal who is authorized to hire new |
883 | staff and implement a plan that addresses the causes of |
884 | inadequate progress; or |
885 | c. Reconstitute the charter school. |
886 | 2. A charter school that is placed on probation shall |
887 | continue the corrective actions required under subparagraph 1. |
888 | until the charter school improves its student performance from |
889 | the year prior to the implementation of the school improvement |
890 | plan. |
891 | 3. Notwithstanding any provision of this paragraph, the |
892 | sponsor may terminate the charter at any time pursuant to the |
893 | provisions of subsection (8). |
894 | (q) The director and a representative of the governing |
895 | body of a graded charter school that has submitted a school |
896 | improvement plan or has been placed on probation under paragraph |
897 | (p) shall appear before the sponsor or the sponsor's staff at |
898 | least once a year to present information regarding the |
899 | corrective strategies that are being implemented by the school |
900 | pursuant to the school improvement plan. The sponsor shall |
901 | communicate at the meeting, and in writing to the director, the |
902 | services provided to the school to help the school address its |
903 | deficiencies. |
904 | (10) ELIGIBLE STUDENTS.-- |
905 | (a) A charter school shall be open to any student covered |
906 | in an interdistrict agreement or residing in the school district |
907 | in which the charter school is located; however, in the case of |
908 | a charter lab school, the charter lab school shall be open to |
909 | any student eligible to attend the lab school as provided in s. |
910 | 1002.32 or who resides in the school district in which the |
911 | charter lab school is located. Any eligible student shall be |
912 | allowed interdistrict transfer to attend a charter school when |
913 | based on good cause. |
914 | (b) The charter school shall enroll an eligible student |
915 | who submits a timely application, unless the number of |
916 | applications exceeds the capacity of a program, class, grade |
917 | level, or building. In such case, all applicants shall have an |
918 | equal chance of being admitted through a random selection |
919 | process. |
920 | (c) When a public school converts to charter status, |
921 | enrollment preference shall be given to students who would have |
922 | otherwise attended that public school. The district school board |
923 | shall consult and negotiate with the conversion charter school |
924 | every 3 years to determine whether realignment of the conversion |
925 | charter school's attendance zone is appropriate in order to |
926 | ensure that students residing closest to the charter school are |
927 | provided with an enrollment preference. |
928 | (d) A charter school may give enrollment preference to the |
929 | following student populations: |
930 | 1. Students who are siblings of a student enrolled in the |
931 | charter school. |
932 | 2. Students who are the children of a member of the |
933 | governing board of the charter school. |
934 | 3. Students who are the children of an employee of the |
935 | charter school. |
936 | (e) A charter school may limit the enrollment process only |
937 | to target the following student populations: |
938 | 1. Students within specific age groups or grade levels. |
939 | 2. Students considered at risk of dropping out of school |
940 | or academic failure. Such students shall include exceptional |
941 | education students. |
942 | 3. Students enrolling in a charter school-in-the-workplace |
943 | or charter school-in-a-municipality established pursuant to |
944 | subsection (15). |
945 | 4. Students residing within a reasonable distance of the |
946 | charter school, as described in paragraph (20)(c). Such students |
947 | shall be subject to a random lottery and to the racial/ethnic |
948 | balance provisions described in subparagraph (7)(a)8. or any |
949 | federal provisions that require a school to achieve a |
950 | racial/ethnic balance reflective of the community it serves or |
951 | within the racial/ethnic range of other public schools in the |
952 | same school district. |
953 | 5. Students who meet reasonable academic, artistic, or |
954 | other eligibility standards established by the charter school |
955 | and included in the charter school application and charter or, |
956 | in the case of existing charter schools, standards that are |
957 | consistent with the school's mission and purpose. Such standards |
958 | shall be in accordance with current state law and practice in |
959 | public schools and may not discriminate against otherwise |
960 | qualified individuals. |
961 | 6. Students articulating from one charter school to |
962 | another pursuant to an articulation agreement between the |
963 | charter schools that has been approved by the sponsor. |
964 | (f) Students with handicapping conditions and students |
965 | served in English for Speakers of Other Languages programs shall |
966 | have an equal opportunity of being selected for enrollment in a |
967 | charter school. |
968 | (g) A student may withdraw from a charter school at any |
969 | time and enroll in another public school as determined by |
970 | district school board rule. |
971 | (h) The capacity of the charter school shall be determined |
972 | annually by the governing board, in conjunction with the |
973 | sponsor, of the charter school in consideration of the factors |
974 | identified in this subsection. |
975 | (11) PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR |
976 | ACTIVITIES.--A charter school student is eligible to participate |
977 | in an interscholastic extracurricular activity at the public |
978 | school to which the student would be otherwise assigned to |
979 | attend pursuant to s. 1006.15(3)(d). |
980 | (12) EMPLOYEES OF CHARTER SCHOOLS.-- |
981 | (a) A charter school shall select its own employees. A |
982 | charter school may contract with its sponsor for the services of |
983 | personnel employed by the sponsor. |
984 | (b) Charter school employees shall have the option to |
985 | bargain collectively. Employees may collectively bargain as a |
986 | separate unit or as part of the existing district collective |
987 | bargaining unit as determined by the structure of the charter |
988 | school. |
989 | (c) The employees of a conversion charter school shall |
990 | remain public employees for all purposes, unless such employees |
991 | choose not to do so. |
992 | (d) The teachers at a charter school may choose to be part |
993 | of a professional group that subcontracts with the charter |
994 | school to operate the instructional program under the auspices |
995 | of a partnership or cooperative that they collectively own. |
996 | Under this arrangement, the teachers would not be public |
997 | employees. |
998 | (e) Employees of a school district may take leave to |
999 | accept employment in a charter school upon the approval of the |
1000 | district school board. While employed by the charter school and |
1001 | on leave that is approved by the district school board, the |
1002 | employee may retain seniority accrued in that school district |
1003 | and may continue to be covered by the benefit programs of that |
1004 | school district, if the charter school and the district school |
1005 | board agree to this arrangement and its financing. School |
1006 | districts shall not require resignations of teachers desiring to |
1007 | teach in a charter school. This paragraph shall not prohibit a |
1008 | district school board from approving alternative leave |
1009 | arrangements consistent with chapter 1012. |
1010 | (f) Teachers employed by or under contract to a charter |
1011 | school shall be certified as required by chapter 1012. A charter |
1012 | school governing board may employ or contract with skilled |
1013 | selected noncertified personnel to provide instructional |
1014 | services or to assist instructional staff members as education |
1015 | paraprofessionals in the same manner as defined in chapter 1012, |
1016 | and as provided by State Board of Education rule for charter |
1017 | school governing boards. A charter school may not knowingly |
1018 | employ an individual to provide instructional services or to |
1019 | serve as an education paraprofessional if the individual's |
1020 | certification or licensure as an educator is suspended or |
1021 | revoked by this or any other state. A charter school may not |
1022 | knowingly employ an individual who has resigned from a school |
1023 | district in lieu of disciplinary action with respect to child |
1024 | welfare or safety, or who has been dismissed for just cause by |
1025 | any school district with respect to child welfare or safety. The |
1026 | qualifications of teachers shall be disclosed to parents. |
1027 | (g) A charter school shall employ or contract with |
1028 | employees who have undergone background screening as provided in |
1029 | s. 1012.32. Members of the governing board of the charter school |
1030 | shall also undergo background screening in a manner similar to |
1031 | that provided in s. 1012.32. |
1032 | (h) For the purposes of tort liability, the governing body |
1033 | and employees of a charter school shall be governed by s. |
1034 | 768.28. |
1035 | (i) A charter school shall organize as, or be operated by, |
1036 | a nonprofit organization. A charter school may be operated by a |
1037 | municipality or other public entity as provided for by law. As |
1038 | such, the charter school may be either a private or a public |
1039 | employer. As a public employer, a charter school may participate |
1040 | in the Florida Retirement System upon application and approval |
1041 | as a "covered group" under s. 121.021(34). If a charter school |
1042 | participates in the Florida Retirement System, the charter |
1043 | school employees shall be compulsory members of the Florida |
1044 | Retirement System. As either a private or a public employer, a |
1045 | charter school may contract for services with an individual or |
1046 | group of individuals who are organized as a partnership or a |
1047 | cooperative. Individuals or groups of individuals who contract |
1048 | their services to the charter school are not public employees. |
1049 | (13) CHARTER SCHOOL COOPERATIVES.--Charter schools may |
1050 | enter into cooperative agreements to form charter school |
1051 | cooperative organizations that may provide the following |
1052 | services: charter school planning and development, direct |
1053 | instructional services, and contracts with charter school |
1054 | governing boards to provide personnel administrative services, |
1055 | payroll services, human resource management, evaluation and |
1056 | assessment services, teacher preparation, and professional |
1057 | development. |
1058 | (14) CHARTER SCHOOL FINANCIAL ARRANGEMENTS; |
1059 | INDEMNIFICATION OF THE STATE AND SCHOOL DISTRICT; CREDIT OR |
1060 | TAXING POWER NOT TO BE PLEDGED.--Any arrangement entered into to |
1061 | borrow or otherwise secure funds for a charter school authorized |
1062 | in this section from a source other than the state or a school |
1063 | district shall indemnify the state and the school district from |
1064 | any and all liability, including, but not limited to, financial |
1065 | responsibility for the payment of the principal or interest. Any |
1066 | loans, bonds, or other financial agreements are not obligations |
1067 | of the state or the school district but are obligations of the |
1068 | charter school authority and are payable solely from the sources |
1069 | of funds pledged by such agreement. The credit or taxing power |
1070 | of the state or the school district shall not be pledged and no |
1071 | debts shall be payable out of any moneys except those of the |
1072 | legal entity in possession of a valid charter approved by a |
1073 | district school board pursuant to this section. |
1074 | (15) CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER SCHOOLS-IN- |
1075 | A-MUNICIPALITY.-- |
1076 | (a) In order to increase business partnerships in |
1077 | education, to reduce school and classroom overcrowding |
1078 | throughout the state, and to offset the high costs for |
1079 | educational facilities construction, the Legislature intends to |
1080 | encourage the formation of business partnership schools or |
1081 | satellite learning centers and municipal-operated schools |
1082 | through charter school status. |
1083 | (b) A charter school-in-the-workplace may be established |
1084 | when a business partner provides the school facility to be used; |
1085 | enrolls students based upon a random lottery that involves all |
1086 | of the children of employees of that business or corporation who |
1087 | are seeking enrollment, as provided for in subsection (10); and |
1088 | enrolls students according to the racial/ethnic balance |
1089 | provisions described in subparagraph (7)(a)8. Any portion of a |
1090 | facility used for a public charter school shall be exempt from |
1091 | ad valorem taxes, as provided for in s. 1013.54, for the |
1092 | duration of its use as a public school. |
1093 | (c) A charter school-in-a-municipality designation may be |
1094 | granted to a municipality that possesses a charter; enrolls |
1095 | students based upon a random lottery that involves all of the |
1096 | children of the residents of that municipality who are seeking |
1097 | enrollment, as provided for in subsection (10); and enrolls |
1098 | students according to the racial/ethnic balance provisions |
1099 | described in subparagraph (7)(a)8. When a municipality has |
1100 | submitted charter applications for the establishment of a |
1101 | charter school feeder pattern, consisting of elementary, middle, |
1102 | and senior high schools, and each individual charter application |
1103 | is approved by the district school board, such schools shall |
1104 | then be designated as one charter school for all purposes listed |
1105 | pursuant to this section. Any portion of the land and facility |
1106 | used for a public charter school shall be exempt from ad valorem |
1107 | taxes, as provided for in s. 1013.54, for the duration of its |
1108 | use as a public school. |
1109 | (d) As used in this subsection, the terms "business |
1110 | partner" or "municipality" may include more than one business or |
1111 | municipality to form a charter school-in-the-workplace or |
1112 | charter school-in-a-municipality. |
1113 | (16) EXEMPTION FROM STATUTES.-- |
1114 | (a) A charter school shall operate in accordance with its |
1115 | charter and shall be exempt from all statutes in chapters 1000- |
1116 | 1013. However, a charter school shall be in compliance with the |
1117 | following statutes in chapters 1000-1013: |
1118 | 1. Those statutes specifically applying to charter |
1119 | schools, including this section. |
1120 | 2. Those statutes pertaining to the student assessment |
1121 | program and school grading system. |
1122 | 3. Those statutes pertaining to the provision of services |
1123 | to students with disabilities. |
1124 | 4. Those statutes pertaining to civil rights, including s. |
1125 | 1000.05, relating to discrimination. |
1126 | 5. Those statutes pertaining to student health, safety, |
1127 | and welfare. |
1128 | (b) Additionally, a charter school shall be in compliance |
1129 | with the following statutes: |
1130 | 1. Section 286.011, relating to public meetings and |
1131 | records, public inspection, and criminal and civil penalties. |
1132 | 2. Chapter 119, relating to public records. |
1133 | (17) FUNDING.--Students enrolled in a charter school, |
1134 | regardless of the sponsorship, shall be funded as if they are in |
1135 | a basic program or a special program, the same as students |
1136 | enrolled in other public schools in the school district. Funding |
1137 | for a charter lab school shall be as provided in s. 1002.32. |
1138 | (a) Each charter school shall report its student |
1139 | enrollment to the district school board as required in s. |
1140 | 1011.62, and in accordance with the definitions in s. 1011.61. |
1141 | The district school board shall include each charter school's |
1142 | enrollment in the district's report of student enrollment. All |
1143 | charter schools submitting student record information required |
1144 | by the Department of Education shall comply with the Department |
1145 | of Education's guidelines for electronic data formats for such |
1146 | data, and all districts shall accept electronic data that |
1147 | complies with the Department of Education's electronic format. |
1148 | (b) The basis for the agreement for funding students |
1149 | enrolled in a charter school shall be the sum of the school |
1150 | district's operating funds from the Florida Education Finance |
1151 | Program as provided in s. 1011.62 and the General Appropriations |
1152 | Act, including gross state and local funds, discretionary |
1153 | lottery funds, and funds from the school district's current |
1154 | operating discretionary millage levy; divided by total funded |
1155 | weighted full-time equivalent students in the school district; |
1156 | multiplied by the weighted full-time equivalent students for the |
1157 | charter school. Charter schools whose students or programs meet |
1158 | the eligibility criteria in law shall be entitled to their |
1159 | proportionate share of categorical program funds included in the |
1160 | total funds available in the Florida Education Finance Program |
1161 | by the Legislature, including transportation. Total funding for |
1162 | each charter school shall be recalculated during the year to |
1163 | reflect the revised calculations under the Florida Education |
1164 | Finance Program by the state and the actual weighted full-time |
1165 | equivalent students reported by the charter school during the |
1166 | full-time equivalent student survey periods designated by the |
1167 | Commissioner of Education. |
1168 | (c) If the district school board is providing programs or |
1169 | services to students funded by federal funds, any eligible |
1170 | students enrolled in charter schools in the school district |
1171 | shall be provided federal funds for the same level of service |
1172 | provided students in the schools operated by the district school |
1173 | board. Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all |
1174 | charter schools shall receive all federal funding for which the |
1175 | school is otherwise eligible, including Title I funding, not |
1176 | later than 5 months after the charter school first opens and |
1177 | within 5 months after any subsequent expansion of enrollment. |
1178 | (d) District school boards shall make every effort to |
1179 | ensure that charter schools receive timely and efficient payment |
1180 | and reimbursement to charter schools, including processing |
1181 | paperwork required to access special state and federal funding |
1182 | for which they may be eligible. The district school board may |
1183 | distribute funds to a charter school for up to 3 months based on |
1184 | the projected full-time equivalent student membership of the |
1185 | charter school. Thereafter, the results of full-time equivalent |
1186 | student membership surveys shall be used in adjusting the amount |
1187 | of funds distributed monthly to the charter school for the |
1188 | remainder of the fiscal year. The payment shall be issued no |
1189 | later than 10 working days after the district school board |
1190 | receives a distribution of state or federal funds. If a warrant |
1191 | for payment is not issued within 10 30 working days after |
1192 | receipt of funding by the district school board, the school |
1193 | district shall pay to the charter school, in addition to the |
1194 | amount of the scheduled disbursement, interest at a rate of 5 1 |
1195 | percent per month calculated on a daily basis on the unpaid |
1196 | balance from the expiration of the 10 working days 30-day period |
1197 | until such time as the warrant is issued. The Commissioner of |
1198 | Education is authorized to withhold lottery funds from school |
1199 | districts that repeatedly fail to make timely payments and |
1200 | reimbursements. |
1201 | (e) The State Board of Education is authorized to impose a |
1202 | fine on or withhold lottery funds from a school district for any |
1203 | violation of the procedural requirements for charter school |
1204 | application, termination, or nonrenewal appeals regardless of |
1205 | whether the violation affects the fairness of the appeal process |
1206 | or the correctness of the action taken by the school district. |
1207 | Prior to the imposition of a fine or the withholding of lottery |
1208 | funds under this paragraph, the State Board of Education shall |
1209 | provide the school district with notice of the amount of the |
1210 | proposed fine or lottery funds to be withheld and an opportunity |
1211 | to be heard at a subsequent meeting of the State Board of |
1212 | Education. The funds collected for fines under this paragraph |
1213 | shall be taken from the school district's administrative fee |
1214 | under paragraph (20)(a) and disbursed to the prevailing charter |
1215 | school appellant under this section or, if the charter school |
1216 | appellant's appeal is denied, in equal amounts to each of the |
1217 | charter schools within the school district. The imposition of a |
1218 | fine under this paragraph shall not exceed $10,000 and is a |
1219 | final action subject to judicial review in the district court of |
1220 | appeals. |
1221 | (18) FACILITIES.-- |
1222 | (a) A startup charter school shall utilize facilities |
1223 | which comply with the Florida Building Code pursuant to chapter |
1224 | 553 except for the State Requirements for Educational |
1225 | Facilities. Conversion charter schools shall utilize facilities |
1226 | that comply with the State Requirements for Educational |
1227 | Facilities, provided that the school district and the charter |
1228 | school have entered into a mutual management plan with |
1229 | sufficient funding from the school district to comply with the |
1230 | State Requirements for Educational Facilities. Charter schools, |
1231 | with the exception of conversion charter schools, are not |
1232 | required to comply, but may choose to comply, with the State |
1233 | Requirements for Educational Facilities of the Florida Building |
1234 | Code adopted pursuant to s. 1013.37. The local governing |
1235 | authority shall not adopt or impose local building requirements |
1236 | or restrictions that are more stringent than those found in the |
1237 | Florida Building Code. The agency having jurisdiction for |
1238 | inspection of a facility and issuance of a certificate of |
1239 | occupancy shall be the local municipality or, if in an |
1240 | unincorporated area, the county governing authority. |
1241 | (b) A charter school shall utilize facilities that comply |
1242 | with the Florida Fire Prevention Code, pursuant to s. 633.025, |
1243 | as adopted by the authority in whose jurisdiction the facility |
1244 | is located as provided in paragraph (a). |
1245 | (c) Any facility, or portion thereof, used to house a |
1246 | charter school whose charter has been approved by the sponsor |
1247 | and the governing board, pursuant to subsection (7), shall be |
1248 | exempt from ad valorem taxes pursuant to s. 196.1983. Library, |
1249 | community service, museum, performing arts, theatre, cinema, |
1250 | church, community college, college, and university facilities |
1251 | may provide space to charter schools within their facilities |
1252 | under their preexisting zoning and land use designations. |
1253 | (d) Charter school facilities are exempt from assessments |
1254 | of fees for building permits, except as provided in s. 553.80, |
1255 | fees and for building and occupational licenses, and from |
1256 | assessments of impact fees or service availability fees. |
1257 | (e) If a district school board facility or property is |
1258 | available because it is surplus, marked for disposal, or |
1259 | otherwise unused, it shall be provided for a charter school's |
1260 | use on the same basis as it is made available to other public |
1261 | schools in the district. A charter school receiving property |
1262 | from the school district may not sell or dispose of such |
1263 | property without written permission of the school district. |
1264 | Similarly, for an existing public school converting to charter |
1265 | status, no rental or leasing fee for the existing facility or |
1266 | for the property normally inventoried to the conversion school |
1267 | may be charged by the district school board to the parents and |
1268 | teachers organizing the charter school. The charter school |
1269 | organizers shall agree to reasonable maintenance provisions in |
1270 | order to maintain the facility in a manner similar to district |
1271 | school board standards. The Public Education Capital Outlay |
1272 | maintenance funds or any other maintenance funds generated by |
1273 | the facility operated as a conversion school shall remain with |
1274 | the conversion school. |
1275 | (f) To the extent that charter school facilities are |
1276 | specifically created to mitigate the educational impact created |
1277 | by the development of new residential dwelling units, pursuant |
1278 | to subparagraph (2)(c)4., some of or all of the educational |
1279 | impact fees required to be paid in connection with the new |
1280 | residential dwelling units may be designated instead for the |
1281 | construction of the charter school facilities that will mitigate |
1282 | the student station impact. Such facilities shall be built to |
1283 | the State Requirements for Educational Facilities and shall be |
1284 | owned by a public or nonprofit entity. The local school district |
1285 | retains the right to monitor and inspect such facilities to |
1286 | ensure compliance with the State Requirements for Educational |
1287 | Facilities. If a facility ceases to be used for public |
1288 | educational purposes, either the facility shall revert to the |
1289 | school district subject to any debt owed on the facility, or the |
1290 | owner of the facility shall have the option to refund all |
1291 | educational impact fees utilized for the facility to the school |
1292 | district. The district and the owner of the facility may |
1293 | contractually agree to another arrangement for the facilities if |
1294 | the facilities cease to be used for educational purposes. The |
1295 | owner of property planned or approved for new residential |
1296 | dwelling units and the entity levying educational impact fees |
1297 | shall enter into an agreement that designates the educational |
1298 | impact fees that will be allocated for the charter school |
1299 | student stations and that ensures the timely construction of the |
1300 | charter school student stations concurrent with the expected |
1301 | occupancy of the residential units. The application for use of |
1302 | educational impact fees shall include an approved charter school |
1303 | application. To assist the school district in forecasting |
1304 | student station needs, the entity levying the impact fees shall |
1305 | notify the affected district of any agreements it has approved |
1306 | for the purpose of mitigating student station impact from the |
1307 | new residential dwelling units. |
1308 | (g) Each school district shall annually provide to the |
1309 | Department of Education as part of its 5-year work plan the |
1310 | number of existing vacant classrooms in each school that the |
1311 | district does not intend to use or does not project will be |
1312 | needed for educational purposes for the following school year. |
1313 | The department may recommend that a district make such space |
1314 | available to an appropriate charter school. |
1315 | (19) CAPITAL OUTLAY FUNDING.--Charter schools are eligible |
1316 | for capital outlay funds pursuant to s. 1013.62. |
1317 | (20) SERVICES.-- |
1318 | (a) A sponsor shall provide certain administrative and |
1319 | educational services to charter schools. These services shall |
1320 | include contract management services; full-time equivalent and |
1321 | data reporting services; exceptional student education |
1322 | administration services; services related to eligibility and |
1323 | reporting duties required to ensure that school lunch services |
1324 | under the federal lunch program, consistent with the needs of |
1325 | the charter school, are provided by the school district at the |
1326 | request of the charter school; test administration services, |
1327 | including payment of the costs of state-required or district- |
1328 | required student assessments; processing of teacher certificate |
1329 | data services; and information services, including equal access |
1330 | to student information systems that are used by public schools |
1331 | in the district in which the charter school is located. Student |
1332 | performance data for each student in a charter school, |
1333 | including, but not limited to, FCAT scores, standardized test |
1334 | scores, previous public school student report cards, and student |
1335 | performance measures, shall be provided by the sponsor to a |
1336 | charter school in the same manner provided to other public |
1337 | schools in the district. A total administrative fee for the |
1338 | provision of such services shall be calculated based upon up to |
1339 | 5 percent of the available funds defined in paragraph (17)(b) |
1340 | for all students. However, a sponsor may only withhold up to a |
1341 | 5-percent administrative fee for enrollment for up to and |
1342 | including 500 students. For charter schools with a population of |
1343 | 501 or more students, the difference between the total |
1344 | administrative fee calculation and the amount of the |
1345 | administrative fee withheld may only be used for capital outlay |
1346 | purposes specified in s. 1013.62(2). Sponsors shall not charge |
1347 | charter schools any additional fees or surcharges for |
1348 | administrative and educational services in addition to the |
1349 | maximum 5-percent administrative fee withheld pursuant to this |
1350 | paragraph. |
1351 | (b) If goods and services are made available to the |
1352 | charter school through the contract with the school district, |
1353 | they shall be provided to the charter school at a rate no |
1354 | greater than the district's actual cost unless mutually agreed |
1355 | upon by the charter school and the sponsor in a contract |
1356 | negotiated separately from the charter. When mediation has |
1357 | failed to resolve disputes over contracted services or |
1358 | contractual matters not included in the charter, an appeal may |
1359 | be made for a dispute resolution hearing before the Charter |
1360 | School Appeal Commission. To maximize the use of state funds, |
1361 | school districts shall allow charter schools to participate in |
1362 | the sponsor's bulk purchasing program if applicable. |
1363 | (c) Transportation of charter school students shall be |
1364 | provided by the charter school consistent with the requirements |
1365 | of subpart I.E. of chapter 1006 and s. 1012.45. The governing |
1366 | body of the charter school may provide transportation through an |
1367 | agreement or contract with the district school board, a private |
1368 | provider, or parents. The charter school and the sponsor shall |
1369 | cooperate in making arrangements that ensure that transportation |
1370 | is not a barrier to equal access for all students residing |
1371 | within a reasonable distance of the charter school as determined |
1372 | in its charter. |
1373 | (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.--The |
1374 | Department of Education shall provide information to the public, |
1375 | directly and through sponsors, both on how to form and operate a |
1376 | charter school and on how to enroll in charter schools once they |
1377 | are created. This information shall include a standard |
1378 | application format, charter format, and charter renewal format |
1379 | which shall include the information specified in subsection (7) |
1380 | and shall be developed by consulting and negotiating with both |
1381 | school districts and charter schools before implementation. |
1382 | These formats shall This application format may be used as |
1383 | guidelines by charter school sponsors chartering entities. |
1384 | (22) CHARTER SCHOOL REVIEW PANEL AND LEGISLATIVE REVIEW.-- |
1385 | (a) The Department of Education shall staff and regularly |
1386 | convene a Charter School Review Panel in order to review issues, |
1387 | practices, and policies regarding charter schools. The |
1388 | composition of the review panel shall include individuals with |
1389 | experience in finance, administration, law, education, and |
1390 | school governance, and individuals familiar with charter school |
1391 | construction and operation. The panel shall include two |
1392 | appointees each from the Commissioner of Education, the |
1393 | President of the Senate, and the Speaker of the House of |
1394 | Representatives. The Governor shall appoint three members of the |
1395 | panel and shall designate the chair. Each member of the panel |
1396 | shall serve a 1-year term, unless renewed by the office making |
1397 | the appointment. The panel shall make recommendations to the |
1398 | Legislature, to the Department of Education, to charter schools, |
1399 | and to school districts for improving charter school operations |
1400 | and oversight and for ensuring best business practices at and |
1401 | fair business relationships with charter schools. |
1402 | (b) The Legislature shall review the operation of charter |
1403 | schools during the 2010 2005 Regular Session of the Legislature. |
1404 | (23) ANALYSIS OF CHARTER SCHOOL PERFORMANCE.--Upon receipt |
1405 | of the annual report required by paragraph (9)(l), the |
1406 | Department of Education shall provide to the State Board of |
1407 | Education, the Commissioner of Education, the Governor, the |
1408 | President of the Senate, and the Speaker of the House of |
1409 | Representatives an analysis and comparison of the overall |
1410 | performance of charter school students, to include all students |
1411 | whose scores are counted as part of the statewide assessment |
1412 | program, versus comparable public school students in the |
1413 | district as determined by the statewide assessment program |
1414 | currently administered in the school district, and other |
1415 | assessments administered pursuant to s. 1008.22(3). |
1416 | (24) RULEMAKING.--The Department of Education, after |
1417 | consultation with school districts and charter school directors, |
1418 | shall recommend that the State Board of Education adopt rules to |
1419 | implement specific subsections of this section. Such rules shall |
1420 | require minimum paperwork and shall not limit charter school |
1421 | flexibility authorized by statute. |
1422 | Section 2. Subsection (5) of section 218.39, Florida |
1423 | Statutes, is amended to read: |
1424 | 218.39 Annual financial audit reports.-- |
1425 | (5) At the conclusion of the audit, the auditor shall |
1426 | discuss with the chair of each local governmental entity or the |
1427 | chair's designee, or with the elected official of each county |
1428 | agency or with the elected official's designee, or with the |
1429 | chair of the district school board or the chair's designee, or |
1430 | with the chair of the board of the charter school or the chair's |
1431 | designee, or with the chair of the charter technical career |
1432 | center or the chair's designee, as appropriate, all of the |
1433 | auditor's comments that will be included in the audit report. If |
1434 | the officer is not available to discuss the auditor's comments, |
1435 | their discussion is presumed when the comments are delivered in |
1436 | writing to his or her office. The auditor shall notify each |
1437 | member of the governing body of a local governmental entity, or |
1438 | district school board, or charter school for which deteriorating |
1439 | financial conditions exist that may cause a condition described |
1440 | in s. 218.503(1) to occur if actions are not taken to address |
1441 | such conditions. |
1442 | Section 3. Section 218.50, Florida Statutes, is amended to |
1443 | read: |
1444 | 218.50 Short title.--Sections 218.50-218.504 may be cited |
1445 | as the "Local Governmental Entity, Charter School, and District |
1446 | School Board Financial Emergencies Act." |
1447 | Section 4. Section 218.501, Florida Statutes, is amended |
1448 | to read: |
1449 | 218.501 Purposes.--The purposes of ss. 218.50-218.504 are: |
1450 | (1) To promote the fiscal responsibility of local |
1451 | governmental entities, charter schools, and district school |
1452 | boards. |
1453 | (2) To assist local governmental entities, charter |
1454 | schools, and district school boards in providing essential |
1455 | services without interruption and in meeting their financial |
1456 | obligations. |
1457 | (3) To assist local governmental entities, charter |
1458 | schools, and district school boards through the improvement of |
1459 | local financial management procedures. |
1460 | Section 5. Subsections (1) and (2) of section 218.503, |
1461 | Florida Statutes, are amended, a new subsection (4) is added, |
1462 | and subsections (4) and (5) of that section are renumbered as |
1463 | subsections (5) and (6), respectively, to read: |
1464 | 218.503 Determination of financial emergency.-- |
1465 | (1) Local governmental entities, charter schools, and |
1466 | district school boards shall be subject to review and oversight |
1467 | by the Governor, charter school sponsor, or the Commissioner of |
1468 | Education, as appropriate, when any one of the following |
1469 | conditions occurs: |
1470 | (a) Failure within the same fiscal year in which due to |
1471 | pay short-term loans or failure to make bond debt service or |
1472 | other long-term debt payments when due, as a result of a lack of |
1473 | funds. |
1474 | (b) Failure to pay uncontested claims from creditors |
1475 | within 90 days after the claim is presented, as a result of a |
1476 | lack of funds. |
1477 | (c) Failure to transfer at the appropriate time, due to |
1478 | lack of funds: |
1479 | 1. Taxes withheld on the income of employees; or |
1480 | 2. Employer and employee contributions for: |
1481 | a. Federal social security; or |
1482 | b. Any pension, retirement, or benefit plan of an |
1483 | employee. |
1484 | (d) Failure for one pay period to pay, due to lack of |
1485 | funds: |
1486 | 1. Wages and salaries owed to employees; or |
1487 | 2. Retirement benefits owed to former employees. |
1488 | (e) An unreserved or total fund balance or retained |
1489 | earnings deficit, or unrestricted or total net assets deficit, |
1490 | as reported on the balance sheet or statement of net assets on |
1491 | the general purpose or fund financial statements, for which |
1492 | sufficient resources of the local governmental entity, as |
1493 | reported on the balance sheet or statement of net assets on the |
1494 | general purpose or fund financial statements, are not available |
1495 | to cover the deficit. Resources available to cover reported |
1496 | deficits include net assets that are not otherwise restricted by |
1497 | federal, state, or local laws, bond covenants, contractual |
1498 | agreements, or other legal constraints. Fixed or capital assets, |
1499 | the disposal of which would impair the ability of a local |
1500 | governmental entity to carry out its functions, are not |
1501 | considered resources available to cover reported deficits. |
1502 | (2) A local governmental entity shall notify the Governor |
1503 | and the Legislative Auditing Committee, a charter school shall |
1504 | notify the charter school sponsor and the Legislative Auditing |
1505 | Committee, and a district school board shall notify the |
1506 | Commissioner of Education and the Legislative Auditing |
1507 | Committee, when one or more of the conditions specified in |
1508 | subsection (1) have occurred or will occur if action is not |
1509 | taken to assist the local governmental entity, charter school, |
1510 | or district school board. In addition, any state agency must, |
1511 | within 30 days after a determination that one or more of the |
1512 | conditions specified in subsection (1) have occurred or will |
1513 | occur if action is not taken to assist the local governmental |
1514 | entity, charter school, or district school board, notify the |
1515 | Governor, charter school sponsor, or the Commissioner of |
1516 | Education, as appropriate, and the Legislative Auditing |
1517 | Committee. |
1518 | (4) Upon notification that one or more of the conditions |
1519 | in subsection (1) exist, the charter school sponsor or the |
1520 | sponsor's designee shall contact the charter school governing |
1521 | body to determine what actions have been taken by the charter |
1522 | school governing body to resolve the condition. The charter |
1523 | school sponsor has the authority to require and approve a |
1524 | financial recovery plan, to be prepared by the charter school |
1525 | governing body, prescribing actions that will cause the charter |
1526 | school to no longer be subject to this section. The Department |
1527 | of Education shall establish guidelines for developing such |
1528 | plans. |
1529 | Section 6. Subsection (1) of section 218.504, Florida |
1530 | Statutes, is amended to read: |
1531 | 218.504 Cessation of state action.--The Governor or the |
1532 | Commissioner of Education, as appropriate, has the authority to |
1533 | terminate all state actions pursuant to ss. 218.50-218.504. |
1534 | Cessation of state action must not occur until the Governor or |
1535 | the Commissioner of Education, as appropriate, has determined |
1536 | that: |
1537 | (1) The local governmental entity, charter school, or |
1538 | district school board: |
1539 | (a) Has established and is operating an effective |
1540 | financial accounting and reporting system. |
1541 | (b) Has resolved the conditions outlined in s. 218.503(1). |
1542 | Section 7. Paragraph (e) of subsection (7) and subsection |
1543 | (8) of section 11.45, Florida Statutes, are amended to read: |
1544 | 11.45 Definitions; duties; authorities; reports; rules.-- |
1545 | (7) AUDITOR GENERAL REPORTING REQUIREMENTS.-- |
1546 | (e) The Auditor General shall notify the Governor or the |
1547 | Commissioner of Education, as appropriate, and the Legislative |
1548 | Auditing Committee of any audit report reviewed by the Auditor |
1549 | General pursuant to paragraph (b) which contains a statement |
1550 | that a local governmental entity, charter school, or district |
1551 | school board has met one or more of the conditions specified in |
1552 | s. 218.503. If the Auditor General requests a clarification |
1553 | regarding information included in an audit report to determine |
1554 | whether a local governmental entity, charter school, or district |
1555 | school board has met one or more of the conditions specified in |
1556 | s. 218.503, the requested clarification must be provided within |
1557 | 45 days after the date of the request. If the local governmental |
1558 | entity, charter school, or district school board does not comply |
1559 | with the Auditor General's request, the Auditor General shall |
1560 | notify the Legislative Auditing Committee. If, after obtaining |
1561 | the requested clarification, the Auditor General determines that |
1562 | the local governmental entity, charter school, or district |
1563 | school board has met one or more of the conditions specified in |
1564 | s. 218.503, he or she shall notify the Governor or the |
1565 | Commissioner of Education, as appropriate, and the Legislative |
1566 | Auditing Committee. |
1567 | (8) RULES OF THE AUDITOR GENERAL.--The Auditor General, in |
1568 | consultation with the Board of Accountancy, shall adopt rules |
1569 | for the form and conduct of all financial audits performed by |
1570 | independent certified public accountants pursuant to ss. |
1571 | 215.981, 218.39, 1001.453, 1004.28, and 1004.70. The rules for |
1572 | audits of local governmental entities, charter schools, and |
1573 | district school boards must include, but are not limited to, |
1574 | requirements for the reporting of information necessary to carry |
1575 | out the purposes of the Local Governmental Entity, Charter |
1576 | School, and District School Board Financial Emergencies Act as |
1577 | stated in s. 218.501. |
1578 | Section 8. Subsection (3) of section 1003.05, Florida |
1579 | Statutes, is amended to read: |
1580 | 1003.05 Assistance to transitioning students from military |
1581 | families.-- |
1582 | (3) Dependent children of active duty military personnel |
1583 | who otherwise meet the eligibility criteria for special academic |
1584 | programs offered through public schools shall be given first |
1585 | preference for admission to such programs even if the program is |
1586 | being offered through a public school other than the school to |
1587 | which the student would generally be assigned and the school at |
1588 | which the program is being offered has reached its maximum |
1589 | enrollment. If such a program is offered through a public school |
1590 | other than the school to which the student would generally be |
1591 | assigned, the parent or guardian of the student must assume |
1592 | responsibility for transporting the student to that school. For |
1593 | purposes of this subsection, special academic programs include |
1594 | charter schools, magnet schools, advanced studies programs, |
1595 | advanced placement, dual enrollment, and International |
1596 | Baccalaureate. |
1597 | Section 9. Effective July 1, 2007, subsection (2) of |
1598 | section 1012.74, Florida Statutes, is amended to read: |
1599 | 1012.74 Florida educators professional liability insurance |
1600 | protection.-- |
1601 | (2)(a) Educator professional liability coverage for all |
1602 | instructional personnel, including charter school instructional |
1603 | personnel, as defined by s. 1012.01(2), who are full-time |
1604 | personnel, as defined by the district school board policy, shall |
1605 | be provided by specific appropriations under the General |
1606 | Appropriations Act. |
1607 | (b) Educator professional liability coverage shall be |
1608 | extended at cost to all instructional personnel, including |
1609 | charter school instructional personnel, as defined by s. |
1610 | 1012.01(2), who are part-time personnel, as defined by the |
1611 | district school board policy, and choose to participate in the |
1612 | state-provided program. |
1613 | (c) Educator professional liability coverage shall be |
1614 | extended at cost to all administrative personnel, including |
1615 | administrative personnel in charter schools, as defined by s. |
1616 | 1012.01(3), who choose to participate in the state-provided |
1617 | program. |
1618 | Section 10. Except as otherwise expressly provided in this |
1619 | act, this act shall take effect July 1, 2006. |