HB 7171

CS

CHAMBER ACTION

1	The Education Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to charter schools; creating s. 1002.335,
7	F.S.; providing findings and intent; establishing the
8	Florida Schools of Excellence Commission as a charter
9	school authorizing entity; providing for startup funds;
10	providing for membership of the commission; providing
11	powers and duties of the commission, including serving as
12	a sponsor of charter schools, approving certain entities
13	to act as cosponsors, approving or denying applications
14	for Florida Schools of Excellence (FSE) charter schools,
15	and developing standards for and evaluating the
16	performance of cosponsors and charter schools; requiring
17	collaboration with municipalities, state universities,
18	community colleges, and regional educational consortia as
19	cosponsors for FSE charter schools; providing requirements
20	for approval of cosponsors by the commission; providing
21	components of required cosponsor agreements; providing
22	causes for revocation of approval of a cosponsor;
23	providing for FSE charter school application and review
24	procedures; authorizing existing charter schools to apply
25	as FSE charter schools; providing for application of
26	specified provisions of law; requiring access to
27	information by parents; requiring the commission to submit
28	an annual report; requiring rulemaking; amending s.
29	1002.33, F.S.; providing that the sponsor of a charter
30	school shall not be liable for civil damages for certain
31	actions; providing that the duty to monitor a charter
32	school shall not be the basis for a private cause of
33	action; prescribing limits on immunities of a charter
34	school sponsor; providing requirements with respect to the
35	right to appeal the denial of a charter school
36	application; expanding a school district's immunity from
37	assumption of contractual debts; revising provisions
38	relating to reporting of charter school student enrollment
39	for purposes of funding; providing appropriations and
40	authorizing positions; providing an effective date.
41
42	Be It Enacted by the Legislature of the State of Florida:
43
44	Section 1.  Section 1002.335, Florida Statutes, is created
45	to read:
46	1002.335  Florida Schools of Excellence Commission.--
47	(1)  FINDINGS.--The Legislature finds that:
48	(a)  Charter schools are a critical component in the
49	state's efforts to provide efficient and high-quality schools
50	within the state's uniform system of public education.
51	(b)  Charter schools provide valuable educational options
52	and innovative learning opportunities while expanding the
53	capacity of the state's system of public education and
54	empowering parents with the ability to make choices that best
55	fit the individual needs of their children.
56	(c)  The growth of charter schools in the state has
57	contributed to enhanced student performance, greater efficiency,
58	and the improvement of all public schools.
59	(2)  INTENT.--It is the intent of the Legislature that:
60	(a)  There be established an independent, state-level
61	commission whose primary focus is the development and support of
62	charter schools in order to better meet the growing and diverse
63	needs of some of the increasing number and array of charter
64	schools in the state and to further ensure that charter schools
65	of the highest academic quality are approved and supported
66	throughout the state in an efficient manner.
67	(b)  New sources of community support in the form of
68	municipalities with knowledge of the unique needs of a
69	particular community or state universities, community colleges,
70	or regional educational consortia with special education
71	expertise should be authorized to participate in developing and
72	supporting charter schools that maximize access to a wide
73	variety of high-quality educational options for all students
74	regardless of disability, race, or socioeconomic status.
75	(3)  FLORIDA SCHOOLS OF EXCELLENCE COMMISSION.--
76	(a)  The Florida Schools of Excellence Commission is
77	established as an independent, state-level charter school
78	authorizing entity working in collaboration with the Department
79	of Education and under the supervision of the State Board of
80	Education. Startup funds necessary to establish and operate the
81	commission may be received through private contributions and
82	federal and other institutional grants through the Grants and
83	Donations Trust Fund and the Educational Aids Trust Fund housed
84	within the department in addition to funds provided in the
85	General Appropriations Act. The department shall assist in
86	securing federal and other institutional grant funds to
87	establish the commission.
88	(b)  The commission shall be appointed by the State Board
89	of Education and shall be composed of three appointees
90	recommended by the Governor, two appointees recommended by the
91	President of the Senate, and two appointees recommended by the
92	Speaker of the House of Representatives. The Governor, the
93	President of the Senate, and the Speaker of the House of
94	Representatives shall each recommend a list of no fewer than two
95	nominees for any appointment to the commission. The appointments
96	shall be made as soon as feasible but no later than September 1,
97	2006. Each member shall serve a term of 2 years; however, for
98	the purpose of providing staggered terms, of the initial
99	appointments, three members shall be appointed to 1-year terms
100	and four members shall be appointed to 2-year terms. Thereafter,
101	each appointee shall serve a 2-year term unless the State Board
102	of Education, after review, extends the appointment. If a
103	vacancy occurs on the commission, it shall be filled by the
104	State Board of Education from a recommendation by the
105	appropriate authority according to the procedure set forth in
106	this paragraph. The members of the commission shall annually
107	vote to appoint a chair and a vice chair.
108	(c)  The commission is encouraged to convene its first
109	meeting no later than October 1, 2006, and, thereafter, shall
110	meet each month at the call of the chair or upon the request of
111	four members of the commission. Four members of the commission
112	shall constitute a quorum.
113	(d)  The commission shall appoint an executive director who
114	shall employ such staff as is necessary to perform the
115	administrative duties and responsibilities of the commission.
116	(e)  The members of the commission shall not be compensated
117	for their services on the commission but may be reimbursed for
118	per diem and travel expenses pursuant to s. 112.061.
119	(4)  POWERS AND DUTIES.--
120	(a)  The commission shall have the power to:
121	1.  Authorize and act as a sponsor of charter schools,
122	including the approval or denial of charter school applications
123	pursuant to subsection (8) and the nonrenewal or termination of
124	charter schools pursuant to s. 1002.33(8).
125	2.  Authorize municipalities, state universities, community
126	colleges, and regional educational consortia to act as
127	cosponsors of charter schools, including the approval or denial
128	of cosponsor applications pursuant to State Board of Education
129	rule and subsection (5) and the revocation of approval of
130	cosponsors pursuant to State Board of Education rule and
131	subsection (7).
132	3.  Approve or deny Florida Schools of Excellence (FSE)
133	charter school applications and renew or terminate charters of
134	FSE charter schools.
135	4.  Conduct facility and curriculum reviews of charter
136	schools approved by the commission or one of its cosponsors.
137	(b)  The commission shall have the following duties:
138	1.  Review charter school applications and assist in the
139	establishment of Florida Schools of Excellence (FSE) charter
140	schools throughout the state. An FSE charter school shall exist
141	as a public school within the state as a component of the
142	delivery of public education within Florida's K-20 education
143	system.
144	2.  Develop, promote, and disseminate best practices for
145	charter schools and charter school sponsors in order to ensure
146	that high-quality charter schools are developed and
147	incentivized. At a minimum, the best practices shall encourage
148	the development and replication of academically and financially
149	proven charter school programs.
150	3.  Develop, promote, and require high standards of
151	accountability for any school that applies for and is granted a
152	charter under this section.
153	4.  Monitor and annually review the performance of
154	cosponsors approved pursuant to this section and hold the
155	cosponsors accountable for their performance pursuant to the
156	provisions of paragraph (5)(c). The commission shall annually
157	review and evaluate the performance of each cosponsor based upon
158	the financial and administrative support provided to the
159	cosponsor's charter schools and the quality of charter schools
160	approved by the cosponsor, including the academic performance of
161	the students that attend those schools.
162	5.  Monitor and annually review and evaluate the academic
163	and financial performance of the charter schools it sponsors and
164	hold the schools accountable for their performance pursuant to
165	the provisions of chapter 1008.
166	6.  Report the student enrollment in each of its sponsored
167	charter schools to the district school board of the county in
168	which the school is located.
169	7.  Work with its cosponsors to monitor the financial
170	management of each FSE charter school.
171	8.  Direct charter schools and persons seeking to establish
172	charter schools to sources of private funding and support.
173	9.  Actively seek, with the assistance of the department,
174	supplemental revenue from federal grant funds, institutional
175	grant funds, and philanthropic organizations. The commission
176	may, through the department's Grants and Donations Trust Fund,
177	receive and expend gifts, grants, and donations of any kind from
178	any public or private entity to carry out the purposes of this
179	section.
180	10.  Review and recommend to the Legislature any necessary
181	revisions to statutory requirements regarding the qualification
182	and approval of municipalities, state universities, community
183	colleges, and regional educational consortia as cosponsors for
184	FSE charter schools.
185	11.  Review and recommend to the Legislature any necessary
186	revisions to statutory requirements regarding the standards for
187	accountability and criteria for revocation of approval of
188	cosponsors of FSE charter schools.
189	12.  Act as liaison for cosponsors and FSE charter schools
190	in cooperating with district school boards that may choose to
191	allow charter schools to utilize excess space within district
192	public school facilities.
193	13.  Collaborate with municipalities, state universities,
194	community colleges, and regional educational consortia as
195	cosponsors for FSE charter schools for the purpose of providing
196	the highest level of public education to low-income, low-
197	performing, gifted, or underserved student populations. Such
198	collaborations shall:
199	a.  Allow state universities and community colleges that
200	cosponsor FSE charter schools to enable students attending a
201	charter school to take college courses and receive high school
202	and college credit for such courses.
203	b.  Be used to determine the feasibility of opening charter
204	schools for students with disabilities, including, but not
205	limited to, charter schools for children with autism that work
206	with and utilize the specialized expertise of the Centers for
207	Autism and Related Disabilities established and operated
208	pursuant to s. 1004.55.
209	14.  Support municipalities when the mayor or chief
210	executive, through resolution passed by the governing body of
211	the municipality, expresses an intent to cosponsor and establish
212	charter schools within the municipal boundaries.
213	15.  Meet the needs of charter schools and school districts
214	by uniformly administering high-quality charter schools, thereby
215	removing administrative burdens from the school districts.
216	16.  Assist FSE charter schools in negotiating and
217	contracting with district school boards that choose to provide
218	certain administrative or transportation services to the charter
219	schools on a contractual basis.
220	17.  Provide training for members of FSE charter school
221	governing bodies within 90 days after approval of the charter
222	school. The training shall include, but not be limited to, best
223	practices on charter school governance, the constitutional and
224	statutory requirements relating to public records and meetings,
225	and the requirements of applicable statutes and State Board of
226	Education rules.
227	18.  Perform all of the duties of sponsors set forth in s.
228	1002.33(5)(b) and (20).
229	(5)  APPROVAL OF COSPONSORS.--
230	(a)  The commission shall begin accepting applications by
231	municipalities, state universities, community colleges, and
232	regional educational consortia no later than January 31, 2007.
233	The commission shall review and evaluate all applications for
234	compliance with the provisions of paragraph (c) and shall have
235	90 days after receipt of an application to approve or deny the
236	application unless the 90-day period is waived by the applicant.
237	(b)  The commission shall limit the number of charter
238	schools that a cosponsor may approve pursuant to its review of
239	the cosponsor's application under paragraph (c). Upon
240	application by the cosponsor and review by the commission of the
241	performance of a cosponsor's current charter schools, the
242	commission may approve a cosponsor's application to raise the
243	limit previously set by the commission.
244	(c)  Any entity set forth in paragraph (a) that is
245	interested in becoming a cosponsor pursuant to this section
246	shall prepare and submit an application to the commission that
247	provides evidence that the entity:
248	1.  Has the necessary staff and infrastructure or has
249	established the necessary contractual or interagency
250	relationships to ensure its ability to handle all of the
251	administrative responsibilities required of a charter school
252	sponsor as set forth in s. 1002.33(20).
253	2.  Has the necessary staff expertise and infrastructure or
254	has established the necessary contractual or interagency
255	relationships to ensure that it will approve and is able to
256	develop and maintain charter schools of the highest academic
257	quality.
258	3.  Is able to provide the necessary public and private
259	financial resources and staff to ensure that it can monitor and
260	support charter schools that are economically efficient and
261	fiscally sound.
262	4.  Is committed to providing equal access to all students
263	and to maintaining a diverse student population within its
264	charter schools, including compliance with all applicable
265	requirements of federal law.
266	5.  Is committed to serving low-income, low-performing,
267	gifted, or underserved student populations.
268	6.  Has articulated annual academic and financial goals and
269	expected outcomes for its charter schools as well as the methods
270	and plans by which it will measure and achieve those goals and
271	outcomes.
272	7.  Has policies in place to protect its cosponsoring
273	practices from conflicts of interest.
274	(d)  The commission's decision to deny an application or to
275	revoke approval of a cosponsor pursuant to subsection (7) is not
276	subject to chapter 120 and may be appealed to the State Board of
277	Education pursuant to s. 1002.33(6).
278	(6)  COSPONSOR AGREEMENT.--
279	(a)  Upon approval of a cosponsor, the commission and the
280	cosponsor shall enter into an agreement that defines the
281	cosponsor's rights and obligations and includes the following:
282	1.  An explanation of the personnel, contractual and
283	interagency relationships, and potential revenue sources
284	referenced in the application as required in paragraph (5)(c).
285	2.  Incorporation of the requirements of equal access for
286	all students, including any plans to provide food service or
287	transportation reasonably necessary to provide access to as many
288	students as possible.
289	3.  Incorporation of the requirement to serve low-income,
290	low-performing, gifted, or underserved student populations.
291	4.  An explanation of the academic and financial goals and
292	expected outcomes for the cosponsor's charter schools and the
293	method and plans by which they will be measured and achieved as
294	referenced in the application.
295	5.  The conflict-of-interest policies referenced in the
296	application.
297	6.  An explanation of the disposition of facilities and
298	assets upon termination and dissolution of a charter school
299	approved by the cosponsor.
300	7.  A provision requiring the cosponsor to annually appear
301	before the commission and provide a report as to the information
302	provided pursuant to s. 1002.33(9)(l) for each of its charter
303	schools.
304	8.  A provision requiring that the cosponsor report the
305	student enrollment in each of its sponsored charter schools to
306	the district school board of the county in which the school is
307	located.
308	9.  A provision requiring that the cosponsor work with the
309	commission to provide the necessary reports to the State Board
310	of Education.
311	10.  Any other reasonable terms deemed appropriate by the
312	commission given the unique characteristics of the cosponsor.
313	(b)  No cosponsor may receive applications for charter
314	schools until a cosponsor agreement with the commission has been
315	approved and signed by the commission and the appropriate
316	individuals or governing bodies of the cosponsor.
317	(c)  The cosponsor agreement shall be proposed and
318	negotiated pursuant to the timeframes set forth in s.
319	1002.33(6)(i).
320	(d)  The cosponsor agreement shall be attached to and shall
321	govern all charter school contracts entered into by the
322	cosponsor.
323	(7)  CAUSES FOR REVOCATION OF APPROVAL OF A COSPONSOR.--If
324	at any time the commission finds that a cosponsor is not in
325	compliance, or is no longer willing to comply, with its contract
326	with a charter school or with its cosponsor agreement with the
327	commission, the commission shall provide notice and a hearing in
328	accordance with State Board of Education rule. If after a
329	hearing the commission confirms its initial finding, the
330	commission shall revoke the cosponsor's approval. The commission
331	shall assume temporary sponsorship over any charter school
332	sponsored by the cosponsor at the time of revocation.
333	Thereafter, the commission may assume permanent sponsorship over
334	such school or allow the school's governing body to apply to
335	another sponsor or cosponsor.
336	(8)  CHARTER SCHOOL APPLICATION AND REVIEW.--Charter school
337	applications submitted to the commission or to a cosponsor
338	approved by the commission pursuant to subsection (5) shall be
339	subject to the same requirements set forth in s. 1002.33(6). The
340	commission or cosponsor shall receive and review all
341	applications for FSE charter schools according to the provisions
342	for review of charter school applications under s.
343	1002.33(6)(b).
344	(9)  APPLICATIONS OF EXISTING CHARTER SCHOOLS.--
345	(a)  An application may be submitted pursuant to this
346	section by an existing charter school approved by a district
347	school board provided that the obligations of its charter
348	contract with the district school board will expire prior to
349	entering into a new charter contract with the commission or one
350	of its cosponsors. A district school board may agree to rescind
351	or waive the obligations of a current charter contract to allow
352	an application to be submitted by an existing charter school
353	pursuant to this section. A charter school that changes sponsors
354	pursuant to this subsection shall be allowed to continue the use
355	of all facilities, equipment, and other assets it owned or
356	leased prior to the expiration or rescission of its contract
357	with a district school board sponsor.
358	(b)  An application to the commission or one of its
359	cosponsors by a conversion charter school may only be submitted
360	upon consent of the district school board. In such instance, the
361	district school board may retain the facilities, equipment, and
362	other assets of the conversion charter school for its own use or
363	agree to reasonable terms for their continued use by the
364	conversion charter school.
365	(10)  APPLICATION OF CHARTER SCHOOL STATUTE.--
366	(a)  The provisions of s. 1002.33(7)-(12), (14), and
367	(16)-(19) shall apply to the commission and the cosponsors and
368	charter schools approved pursuant to this section.
369	(b)  The provisions of s. 1002.33(20) shall apply to the
370	commission and the cosponsors and charter schools approved
371	pursuant to this section with the exception that the commission
372	or a cosponsor of a charter school approved pursuant to this
373	section may retain no more than the actual cost of its
374	administrative overhead costs expended to sponsor the charter
375	school not to exceed 5 percent of the funding provided to the
376	charter school.
377	(11)  ACCESS TO INFORMATION.--The commission shall provide
378	maximum access to information to all parents in the state. It
379	shall maintain information systems, including, but not limited
380	to, a user-friendly Internet website, that will provide
381	information and data necessary for parents to make informed
382	decisions. At a minimum, the commission must provide parents
383	with information on its accountability standards, links to
384	schools of excellence throughout the state, and public education
385	programs available in the state.
386	(12)  ANNUAL REPORT.--Each year, the chair of the
387	commission shall appear before the State Board of Education and
388	submit a report regarding the academic performance and fiscal
389	responsibility of all charter schools and cosponsors approved
390	under this section.
391	(13)  IMPLEMENTATION.--The State Board of Education shall
392	adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to
393	facilitate the implementation of this section.
394	Section 2.  Paragraphs (d) through (h) of subsection (6) of
395	section 1002.33, Florida Statutes, are redesignated as
396	paragraphs (e) through (i), respectively, a new paragraph (d) is
397	added to that subsection, and paragraph (b) of subsection (5),
398	paragraph (f) of subsection (8), and paragraph (a) of subsection
399	(17) of that section are amended, to read:
400	1002.33  Charter schools.--
401	(5)  SPONSOR; DUTIES.--
402	(b)  Sponsor duties.--
403	1.a.  The sponsor shall monitor and review the charter
404	school in its progress toward the goals established in the
405	charter.
406	b.2.  The sponsor shall monitor the revenues and
407	expenditures of the charter school.
408	c.3.  The sponsor may approve a charter for a charter
409	school before the applicant has secured space, equipment, or
410	personnel, if the applicant indicates approval is necessary for
411	it to raise working capital.
412	d.4.  The sponsor's policies shall not apply to a charter
413	school.
414	e.5.  The sponsor shall ensure that the charter is
415	innovative and consistent with the state education goals
416	established by s. 1000.03(5).
417	f.6.  The sponsor shall ensure that the charter school
418	participates in the state's education accountability system. If
419	a charter school falls short of performance measures included in
420	the approved charter, the sponsor shall report such shortcomings
421	to the Department of Education.
422	g.  The sponsor shall not be liable for civil damages under
423	state law for personal injury, property damage, or death
424	resulting from an act or omission of an officer, employee,
425	agent, or governing body of the charter school.
426	h.  The sponsor shall not be liable for civil damages under
427	state law for any employment actions taken by an officer,
428	employee, agent, or governing body of the charter school.
429	i.  The sponsor's duties to monitor the charter school
430	shall not constitute the basis for a private cause of action.
431	2.  Immunity for the sponsor of a charter school under
432	subparagraph 1. applies only with respect to acts or omissions
433	not under the sponsor's direct authority as described in this
434	section.
435	3.  Nothing contained in this paragraph shall be considered
436	a waiver of sovereign immunity by a district school board.
437	4.  A community college may work with the school district
438	or school districts in its designated service area to develop
439	charter schools that offer secondary education. These charter
440	schools must include an option for students to receive an
441	associate degree upon high school graduation. District school
442	boards shall cooperate with and assist the community college on
443	the charter application. Community college applications for
444	charter schools are not subject to the time deadlines outlined
445	in subsection (6) and may be approved by the district school
446	board at any time during the year. Community colleges shall not
447	report FTE for any students who receive FTE funding through the
448	Florida Education Finance Program.
449	(6)  APPLICATION PROCESS AND REVIEW.--Beginning September
450	1, 2003, applications are subject to the following requirements:
451	(d)  The right to appeal an application denial under
452	paragraph (c) shall be contingent on the applicant having
453	submitted the same or a substantially similar application to the
454	Florida Schools of Excellence Commission or one of its
455	cosponsors. Any such applicant whose application is denied by
456	the commission or one of its cosponsors subsequent to its denial
457	by the district school board may exercise its right to appeal
458	the district school board's denial under paragraph (c) within 30
459	days after receipt of the commission's or cosponsor's denial or
460	failure to act on the application. However, the applicant
461	forfeits its right to appeal under paragraph (c) if it fails to
462	submit its application to the commission or one of its
463	cosponsors by August 1 of the school year immediately following
464	the district school board's denial of the application.
465	(8)  CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.--
466	(f)  If a charter is not renewed or is terminated, the
467	charter school is responsible for all debts of the charter
468	school. The district may not assume the debt from any contract
469	for services made between the governing body of the school and a
470	third party, except for a debt that is previously detailed and
471	agreed upon in writing by both the district and the governing
472	body of the school and that may not reasonably be assumed to
473	have been satisfied by the district.
474	(17)  FUNDING.--Students enrolled in a charter school,
475	regardless of the sponsorship, shall be funded as if they are in
476	a basic program or a special program, the same as students
477	enrolled in other public schools in the school district. Funding
478	for a charter lab school shall be as provided in s. 1002.32.
479	(a)  Each charter school shall report its student
480	enrollment to the sponsor district school board as required in
481	s. 1011.62, and in accordance with the definitions in s.
482	1011.61. The sponsor district school board shall include each
483	charter school's enrollment in the district's report of student
484	enrollment. All charter schools submitting student record
485	information required by the Department of Education shall comply
486	with the Department of Education's guidelines for electronic
487	data formats for such data, and all districts shall accept
488	electronic data that complies with the Department of Education's
489	electronic format.
490	Section 3.  The following sums of money and full-time
491	equivalent positions are appropriated from general revenue to
492	the State Board of Education for the 2006-2007 fiscal year for
493	the purpose of administering this act:
494	(1)  Three full-time equivalent positions and 165,000 in
495	approved annual salary rate.
496	(2)  The sum of $214,630 from recurring general revenue
497	funds for salaries and benefits.
498	(3)  The sum of $199,238 from recurring general revenue
499	funds for expenses.
500	(4)  The sum of $5,700 from nonrecurring general revenue
501	funds for operating capital outlay.
502	(5)  The sum of $1,179 from recurring general revenue funds
503	for transfer to the Department of Management Services for the
504	Human Resource Services Statewide Contract.
505	Section 4.  This act shall take effect July 1, 2006.

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