HB 7103

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

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