HB 7171

1	A bill to be entitled
2	An act relating to charter schools; creating s. 1002.335,
3	F.S.; providing findings and intent; establishing the
4	Florida Schools of Excellence Commission as a charter
5	school authorizing entity; providing for startup funds;
6	providing for membership of the commission; providing
7	powers and duties of the commission, including serving as
8	a sponsor of charter schools, approving certain entities
9	to act as cosponsors, approving or denying applications
10	for Florida Schools of Excellence (FSE) charter schools,
11	and developing standards for and evaluating the
12	performance of charter schools; requiring collaboration
13	with municipalities, state universities, community
14	colleges, and regional educational consortia as cosponsors
15	for FSE charter schools; providing requirements for
16	approval of cosponsors by the commission; providing
17	components of required cosponsor agreements; providing
18	causes for revocation of approval of a cosponsor;
19	providing for FSE charter school application and review
20	procedures; authorizing existing charter schools to apply
21	as FSE charter schools; providing for application of
22	specified provisions of law; requiring access to
23	information by parents; requiring the commission to submit
24	an annual report; requiring rulemaking; amending s.
25	1002.33, F.S.; providing requirements with respect to the
26	right to appeal a charter school application denial;
27	revising provisions relating to reporting of charter
28	school student enrollment for purposes of funding;
29	revising requirements relating to charter school
30	facilities created to mitigate a certain educational
31	impact; providing an effective date.
32
33	Be It Enacted by the Legislature of the State of Florida:
34
35	Section 1.  Section 1002.335, Florida Statutes, is created
36	to read:
37	1002.335  Florida Schools of Excellence Commission.--
38	(1)  FINDINGS.--The Legislature finds that:
39	(a)  Charter schools are a critical component in the
40	state's efforts to provide efficient and high-quality schools
41	within the state's uniform system of public education.
42	(b)  Charter schools provide valuable educational options
43	and innovative learning opportunities while expanding the
44	capacity of the state's system of public education and
45	empowering parents with the ability to make choices that best
46	fit the individual needs of their children.
47	(c)  The growth of charter schools in the state has
48	contributed to enhanced student performance, greater efficiency,
49	and the improvement of all public schools.
50	(d)  The greatest challenges to the continued development
51	and success of uniform, high-quality charter schools are
52	administrative issues, accountability issues, and a lack of
53	sufficient communication and support from sponsors.
54	(2)  INTENT.--It is the intent of the Legislature that:
55	(a)  There be established an independent, state-level
56	commission whose primary focus is the development and support of
57	charter schools in order to better meet the growing and diverse
58	needs of some of the increasing number and array of charter
59	schools in the state and to further ensure that charter schools
60	of the highest academic quality are approved and supported
61	throughout the state in an efficient manner.
62	(b)  New sources of community support in the form of
63	municipalities with knowledge of the unique needs of a
64	particular community or state universities, community colleges,
65	or regional educational consortia with special education
66	expertise should be authorized to participate in developing and
67	supporting charter schools that maximize access to a wide
68	variety of high-quality educational options for all students
69	regardless of disability, race, or socioeconomic status.
70	(3)  FLORIDA SCHOOLS OF EXCELLENCE COMMISSION.--
71	(a)  The Florida Schools of Excellence Commission is
72	established as an independent, state-level charter school
73	authorizing entity working in collaboration with the Department
74	of Education and under the supervision of the State Board of
75	Education. Startup funds necessary to establish and operate the
76	commission may be received through private contributions and
77	federal and other institutional grants through the Grants and
78	Donations Trust Fund and the Educational Aids Trust Fund housed
79	within the department in addition to funds provided in the
80	General Appropriations Act. The department shall assist in
81	securing federal and other institutional grant funds to
82	establish the commission.
83	(b)  The commission shall be appointed by the State Board
84	of Education and shall be composed of three appointees
85	recommended by the Governor, two appointees recommended by the
86	President of the Senate, and two appointees recommended by the
87	Speaker of the House of Representatives. The Governor, the
88	President of the Senate, and the Speaker of the House of
89	Representatives shall each recommend a list of no fewer than two
90	nominees for any appointment to the commission. The appointments
91	shall be made as soon as feasible but no later than September 1,
92	2006. Each member shall serve a term of 2 years; however, for
93	the purpose of providing staggered terms, of the initial
94	appointments, three members shall be appointed to 1-year terms
95	and four members shall be appointed to 2-year terms. Thereafter,
96	each appointee shall serve a 2-year term unless the State Board
97	of Education, after review, extends the appointment. If a
98	vacancy occurs on the commission, it shall be filled by the
99	State Board of Education from a recommendation by the
100	appropriate authority according to the procedure set forth in
101	this paragraph. The members of the commission shall annually
102	vote to appoint a chair and a vice chair.
103	(c)  The commission is encouraged to convene its first
104	meeting no later than October 1, 2006, and, thereafter, shall
105	meet each month at the call of the chair or upon the request of
106	four members of the commission. Four members of the commission
107	shall constitute a quorum.
108	(d)  The commission shall appoint an executive director who
109	shall employ such staff as is necessary to perform the
110	administrative duties and responsibilities of the commission.
111	(e)  The members of the commission shall not be compensated
112	for their services on the commission but may be reimbursed for
113	per diem and travel expenses pursuant to s. 112.061.
114	(4)  POWERS AND DUTIES.--
115	(a)  The commission shall have the power to:
116	1.  Authorize and act as a sponsor of charter schools,
117	including the approval or denial of charter school applications
118	pursuant to subsection (8) and the nonrenewal or termination of
119	charter schools pursuant to s. 1002.33(8).
120	2.  Authorize municipalities, state universities, community
121	colleges, and regional educational consortia to act as
122	cosponsors of charter schools, including the approval or denial
123	of cosponsor applications pursuant to State Board of Education
124	rule and subsection (5) and the revocation of approval of
125	cosponsors pursuant to State Board of Education rule and
126	subsection (7).
127	3.  Approve or deny Florida Schools of Excellence (FSE)
128	charter school applications and renew or terminate charters of
129	FSE charter schools.
130	(b)  The commission shall have the following duties:
131	1.  Review charter school applications and assist in the
132	establishment of Florida Schools of Excellence (FSE) charter
133	schools throughout the state. An FSE charter school shall exist
134	as a public school within the state as a component of the
135	delivery of public education within Florida's K-20 education
136	system.
137	2.  Develop, promote, and disseminate best practices for
138	charter schools and charter school sponsors in order to ensure
139	that high-quality charter schools are developed and
140	incentivized. At a minimum, the best practices shall encourage
141	the development and replication of academically and financially
142	proven charter school programs.
143	3.  Develop, promote, and require high standards of
144	accountability for any school that applies and is granted a
145	charter under this section.
146	4.  Monitor and annually review and evaluate the
147	performance of the charter schools it sponsors and hold the
148	schools accountable for their performance.
149	5.  Report the student enrollment in each of its sponsored
150	charter schools to the district school board of the county in
151	which the school is located.
152	6.  Work with its cosponsors to monitor the financial
153	management of each FSE charter school.
154	7.  Direct charter schools and persons seeking to establish
155	charter schools to sources of private funding and support.
156	8.  Actively seek, with the assistance of the department,
157	supplemental revenue from federal grant funds, institutional
158	grant funds, and philanthropic organizations. The commission
159	may, through the department's Grants and Donations Trust Fund,
160	receive and expend gifts, grants, and donations of any kind from
161	any public or private entity to carry out the purposes of this
162	section.
163	9.  Review and recommend to the Legislature any necessary
164	revisions to statutory requirements regarding the qualification
165	and approval of municipalities, state universities, community
166	colleges, and regional educational consortia as cosponsors for
167	FSE charter schools.
168	10.  Review and recommend to the Legislature any necessary
169	revisions to statutory requirements regarding the standards for
170	accountability and criteria for revocation of approval of
171	cosponsors of FSE charter schools.
172	11.  Assist its cosponsors and FSE charter schools in
173	cooperating with district school boards to allow the charter
174	schools to utilize unused space within district public schools.
175	12.  Collaborate with municipalities, state universities,
176	community colleges, and regional educational consortia as
177	cosponsors for FSE charter schools for the purpose of providing
178	the highest level of public education to low-income, low-
179	performing, and underserved student populations. Such
180	collaborations shall:
181	a.  Allow state universities and community colleges that
182	cosponsor FSE charter schools to enable students attending a
183	charter school to take college courses and receive high school
184	and college credit for such courses.
185	b.  Be used to determine the feasibility of opening charter
186	schools for children with autism that work with and utilize the
187	specialized expertise of the Centers for Autism and Related
188	Disabilities established and operated pursuant to s. 1004.55.
189	13.  Support municipalities when the mayor or chief
190	executive, through resolution passed by the governing body of
191	the municipality, expresses an intent to cosponsor and establish
192	charter schools within the municipal boundaries.
193	14.  Meet the needs of charter schools and school districts
194	by uniformly administering high-quality charter schools, thereby
195	removing administrative burdens from the school districts.
196	15.  Work with school districts to assist them in
197	effectively providing administrative services to their charter
198	schools.
199	16.  Perform all of the duties of sponsors set forth in s.
200	1002.33(5)(b) and (20).
201	(5)  APPROVAL OF COSPONSORS.--
202	(a)  The commission shall begin accepting applications by
203	municipalities, state universities, community colleges, and
204	regional educational consortia no later than January 31, 2007.
205	The commission shall have 90 days from receipt of an application
206	under this paragraph to approve or deny the application unless
207	the 90-day period is waived by the applicant.
208	(b)  The commission shall limit the number of charter
209	schools that a cosponsor may approve pursuant to its review of
210	the cosponsor's application under paragraph (c). Upon
211	application by the cosponsor and review by the commission of the
212	performance of a cosponsor's current charter schools, the
213	commission may approve a cosponsor's application to raise the
214	limit previously set by the commission.
215	(c)  Any entity set forth in paragraph (a) that is
216	interested in becoming a cosponsor pursuant to this section
217	shall prepare and submit an application to the commission that
218	provides evidence that the entity:
219	1.  Has the necessary staff and infrastructure or has
220	established the necessary contractual or interagency
221	relationships to ensure its ability to handle all of the
222	administrative responsibilities required of a charter school
223	sponsor as set forth in s. 1002.33(20).
224	2.  Has the necessary staff expertise and infrastructure or
225	has established the necessary contractual or interagency
226	relationships to ensure that it will approve and is able to
227	develop and maintain charter schools of the highest academic
228	quality.
229	3.  Has and is committed to providing and pursuing the
230	necessary public and private financial resources and staff to
231	ensure that it can monitor and support charter schools that are
232	economically efficient and fiscally sound.
233	4.  Is committed to providing equal access to all students
234	and to maintaining a diverse student population within its
235	charter schools.
236	5.  Is committed to focusing on low-income, low-performing,
237	and underserved student populations.
238	6.  Has articulated annual goals and expected outcomes for
239	its charter schools as well as the methods and plans by which it
240	will achieve those goals and outcomes.
241	7.  Has policies in place to protect its cosponsoring
242	practices from conflicts of interest.
243	(d)  The commission's decision to deny an application or to
244	revoke approval of a cosponsor pursuant to subsection (7) is not
245	subject to chapter 120 and may be appealed to the State Board of
246	Education pursuant to s. 1002.33(6).
247	(6)  COSPONSOR AGREEMENT.--
248	(a)  Upon approval of a cosponsor, the commission and the
249	cosponsor shall enter into an agreement that defines the
250	cosponsor's rights and obligations and includes the following:
251	1.  An explanation of the personnel, contractual and
252	interagency relationships, and potential revenue sources
253	referenced in the application as required in paragraph (5)(c).
254	2.  Incorporation of the requirements of equal access for
255	all students, including any plans to provide transportation
256	reasonably necessary to provide access to as many students as
257	possible.
258	3.  Incorporation of the requirement to focus on low-
259	income, low-performing, and underserved student populations.
260	4.  An explanation of the goals and expected outcomes for
261	the cosponsor's charter schools and the method and plans by
262	which they will be achieved as referenced in the application.
263	5.  The conflict-of-interest policies referenced in the
264	application.
265	6.  An explanation of the disposition of facilities and
266	assets upon termination and dissolution of a charter school
267	approved by the cosponsor.
268	7.  A provision requiring the cosponsor to annually appear
269	before the commission and provide a report as to the information
270	provided pursuant to s. 1002.33(9)(l) for each of its charter
271	schools.
272	8.  A provision requiring that the cosponsor report the
273	student enrollment in each of its sponsored charter schools to
274	the district school board of the county in which the school is
275	located.
276	9.  A provision requiring that the cosponsor work with the
277	commission to provide the necessary reports to the State Board
278	of Education.
279	10.  Any other reasonable terms deemed appropriate by the
280	commission given the unique characteristics of the cosponsor.
281	(b)  No cosponsor may receive applications for charter
282	schools until a cosponsor agreement with the commission has been
283	approved and signed by the commission and the appropriate
284	individuals or governing bodies of the cosponsor.
285	(c)  The cosponsor agreement shall be proposed and
286	negotiated pursuant to the timeframes set forth in s.
287	1002.33(6)(i).
288	(d)  The cosponsor agreement shall be attached to and shall
289	govern all charter school contracts entered into by the
290	cosponsor.
291	(7)  CAUSES FOR REVOCATION OF APPROVAL OF A COSPONSOR.--If
292	at any time the commission finds that a cosponsor is not in
293	compliance, or is no longer willing to comply, with its contract
294	with a charter school or with its cosponsor agreement with the
295	commission, the commission shall provide notice and a hearing in
296	accordance with State Board of Education rule. If after a
297	hearing the commission confirms its initial finding, the
298	commission shall revoke the cosponsor's approval. The commission
299	may assume sponsorship over any charter school sponsored by the
300	cosponsor at the time of revocation. Thereafter, the commission
301	may assume permanent sponsorship over such school or may direct
302	the school's governing body to apply to another cosponsor or to
303	the appropriate district school board for sponsorship.
304	(8)  CHARTER SCHOOL APPLICATION AND REVIEW.--Charter school
305	applications submitted to the commission or to a cosponsor
306	approved by the commission pursuant to subsection (5) shall be
307	subject to the same requirements set forth in s. 1002.33(6). The
308	commission or cosponsor shall receive and review all
309	applications for FSE charter schools according to the provisions
310	of s. 1002.33(6)(b). All references to a district school board
311	in s. 1002.33(6)(b) shall refer to the commission or its
312	cosponsors that receive applications for review.
313	(9)  APPLICATIONS OF EXISTING CHARTER SCHOOLS.--
314	(a)  An application may be submitted pursuant to this
315	section by an existing charter school approved by a district
316	school board provided that the obligations of its charter
317	contract with the district school board will expire prior to
318	entering into a new charter contract with the commission or one
319	of its cosponsors. A district school board may agree to rescind
320	or waive the obligations of a current charter contract to allow
321	an application to be submitted by an existing charter school
322	pursuant to this section. A charter school that changes sponsors
323	pursuant to this subsection shall be allowed to continue the use
324	of all facilities, equipment, and other assets it owned or
325	leased prior to the expiration or rescission of its contract
326	with a district school board sponsor.
327	(b)  An application to the commission or one of its
328	cosponsors by a conversion charter school may only be submitted
329	upon consent of the district school board. In such instance, the
330	district school board may retain the facilities, equipment, and
331	other assets of the conversion charter school for its own use or
332	agree to reasonable terms for their continued use by the
333	conversion charter school.
334	(10)  APPLICATION OF CHARTER SCHOOL STATUTE.--The
335	provisions of s. 1002.33(7)-(12), (14), and (16)-(19) shall
336	apply to the commission, cosponsors, and charter schools
337	approved pursuant to this section.
338	(11)  ACCESS TO INFORMATION.--The commission shall provide
339	maximum access to information to all parents in the state. It
340	shall maintain information systems, including, but not limited
341	to, a user-friendly Internet website, that will provide
342	information and data necessary for parents to make informed
343	decisions. At a minimum, the commission must provide parents
344	with information on its accountability standards, links to
345	schools of excellence throughout the state, and public education
346	programs available in the state.
347	(12)  ANNUAL REPORT.--Each year, the chair of the
348	commission shall appear before the State Board of Education and
349	submit a report regarding the academic performance and fiscal
350	responsibility of all charter schools and cosponsors approved
351	under this section.
352	(13)  IMPLEMENTATION.--The State Board of Education shall
353	adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to
354	facilitate the implementation of this section.
355	Section 2.  Paragraphs (d), (e), (f), (g), and (h) of
356	subsection (6) of section 1002.33, Florida Statutes, are
357	redesignated as paragraphs (e), (f), (g), (h), and (i),
358	respectively, a new paragraph (d) is added to that subsection,
359	and paragraph (a) of subsection (17) and paragraph (f) of
360	subsection (18) of that section are amended, to read:
361	1002.33  Charter schools.--
362	(6)  APPLICATION PROCESS AND REVIEW.--Beginning September
363	1, 2003, applications are subject to the following requirements:
364	(d)  The right to appeal an application denial under
365	paragraph (c) shall be contingent on the applicant having
366	submitted the same or a substantially similar application to the
367	Florida Schools of Excellence Commission or one of its
368	cosponsors. Any such applicant whose application is denied by
369	the commission or one of its cosponsors subsequent to its denial
370	by the district school board may exercise its right to appeal
371	the district school board's denial under paragraph (c) within 30
372	days after receipt of the commission's or cosponsor's denial or
373	failure to act on the application. However, the applicant
374	forfeits its right to appeal under paragraph (c) if it fails to
375	submit its application to the commission or one of its
376	cosponsors by August 1 of the school year immediately following
377	the district school board's denial of the application.
378	(17)  FUNDING.--Students enrolled in a charter school,
379	regardless of the sponsorship, shall be funded as if they are in
380	a basic program or a special program, the same as students
381	enrolled in other public schools in the school district. Funding
382	for a charter lab school shall be as provided in s. 1002.32.
383	(a)  Each charter school shall report its student
384	enrollment to the sponsor district school board as required in
385	s. 1011.62, and in accordance with the definitions in s.
386	1011.61. The sponsor district school board shall include each
387	charter school's enrollment in the district's report of student
388	enrollment. All charter schools submitting student record
389	information required by the Department of Education shall comply
390	with the Department of Education's guidelines for electronic
391	data formats for such data, and all districts shall accept
392	electronic data that complies with the Department of Education's
393	electronic format.
394	(18)  FACILITIES.--
395	(f)  To the extent that charter school facilities are
396	specifically created to mitigate the educational impact created
397	by the development of new residential dwelling units, pursuant
398	to subparagraph (2)(c)4., some of or all of the educational
399	impact fees required to be paid in connection with the new
400	residential dwelling units may be designated instead for the
401	construction of the charter school facilities that will mitigate
402	the student station impact. Such facilities shall be built to
403	the State Requirements for Educational Facilities and shall be
404	owned by a public or nonprofit entity. The sponsor local school
405	district retains the right to monitor and inspect such
406	facilities to ensure compliance with the State Requirements for
407	Educational Facilities. If a facility ceases to be used for
408	public educational purposes, either the facility shall revert to
409	the sponsor school district subject to any debt owed on the
410	facility, or the owner of the facility shall have the option to
411	refund all educational impact fees utilized for the facility to
412	the sponsor school district. The district and the owner of the
413	facility may contractually agree to another arrangement for the
414	facilities if the facilities cease to be used for educational
415	purposes. The owner of property planned or approved for new
416	residential dwelling units and the entity levying educational
417	impact fees shall enter into an agreement that designates the
418	educational impact fees that will be allocated for the charter
419	school student stations and that ensures the timely construction
420	of the charter school student stations concurrent with the
421	expected occupancy of the residential units. The application for
422	use of educational impact fees shall include an approved charter
423	school application. To assist the school district in forecasting
424	student station needs, the entity levying the impact fees shall
425	notify the affected district of any agreements it has approved
426	for the purpose of mitigating student station impact from the
427	new residential dwelling units.
428	Section 3.  This act shall take effect July 1, 2006.

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