| 1 | A bill to be entitled |
| 2 | An act relating to education; amending s. 121.091, F.S.; |
| 3 | increasing the period of time during which certain charter |
| 4 | school instructional personnel may participate in the |
| 5 | Florida Retirement System Deferred Retirement Option |
| 6 | Program; extending such participation to certain school |
| 7 | district prekindergarten instructional personnel; deleting |
| 8 | an obsolete provision; amending s. 1002.33, F.S.; revising |
| 9 | provisions relating to appeal of a charter school |
| 10 | application denial; revising provisions relating to |
| 11 | charter school renewal terms; revising provisions relating |
| 12 | to a charter school's annual report; revising provisions |
| 13 | relating to student eligibility to attend a charter |
| 14 | school; providing requirements for distribution of funds |
| 15 | to charter schools; providing priority to charter schools |
| 16 | for the lease or purchase of public school property and |
| 17 | facilities; requiring a sponsor to provide additional |
| 18 | services relating to school lunches under the federal |
| 19 | lunch program; amending s. 1003.03, F.S.; providing for |
| 20 | calculation for compliance with class size maximums for |
| 21 | certain schools and programs; amending s. 1011.71, F.S., |
| 22 | relating to district school tax; providing that use of |
| 23 | capital improvement millage for district schools include |
| 24 | charter schools; amending s. 1013.62, F.S.; authorizing |
| 25 | additional uses for charter school capital outlay funds; |
| 26 | providing an effective date. |
| 27 |
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| 28 | Be It Enacted by the Legislature of the State of Florida: |
| 29 |
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| 30 | Section 1. Paragraphs (a) and (b) of subsection (13) of |
| 31 | section 121.091, Florida Statutes, are amended to read: |
| 32 | 121.091 Benefits payable under the system.--Benefits may |
| 33 | not be paid under this section unless the member has terminated |
| 34 | employment as provided in s. 121.021(39)(a) or begun |
| 35 | participation in the Deferred Retirement Option Program as |
| 36 | provided in subsection (13), and a proper application has been |
| 37 | filed in the manner prescribed by the department. The department |
| 38 | may cancel an application for retirement benefits when the |
| 39 | member or beneficiary fails to timely provide the information |
| 40 | and documents required by this chapter and the department's |
| 41 | rules. The department shall adopt rules establishing procedures |
| 42 | for application for retirement benefits and for the cancellation |
| 43 | of such application when the required information or documents |
| 44 | are not received. |
| 45 | (13) DEFERRED RETIREMENT OPTION PROGRAM.--In general, and |
| 46 | subject to the provisions of this section, the Deferred |
| 47 | Retirement Option Program, hereinafter referred to as the DROP, |
| 48 | is a program under which an eligible member of the Florida |
| 49 | Retirement System may elect to participate, deferring receipt of |
| 50 | retirement benefits while continuing employment with his or her |
| 51 | Florida Retirement System employer. The deferred monthly |
| 52 | benefits shall accrue in the System Trust Fund on behalf of the |
| 53 | participant, plus interest compounded monthly, for the specified |
| 54 | period of the DROP participation, as provided in paragraph (c). |
| 55 | Upon termination of employment, the participant shall receive |
| 56 | the total DROP benefits and begin to receive the previously |
| 57 | determined normal retirement benefits. Participation in the DROP |
| 58 | does not guarantee employment for the specified period of DROP. |
| 59 | Participation in the DROP by an eligible member beyond the |
| 60 | initial 60-month period as authorized in this subsection shall |
| 61 | be on an annual contractual basis for all participants. |
| 62 | (a) Eligibility of member to participate in the DROP.--All |
| 63 | active Florida Retirement System members in a regularly |
| 64 | established position, and all active members of either the |
| 65 | Teachers' Retirement System established in chapter 238 or the |
| 66 | State and County Officers' and Employees' Retirement System |
| 67 | established in chapter 122, which systems are consolidated |
| 68 | within the Florida Retirement System under s. 121.011, are |
| 69 | eligible to elect participation in the DROP if provided that: |
| 70 | 1. The member is not a renewed member of the Florida |
| 71 | Retirement System under s. 121.122, or a member of the State |
| 72 | Community College System Optional Retirement Program under s. |
| 73 | 121.051, the Senior Management Service Optional Annuity Program |
| 74 | under s. 121.055, or the optional retirement program for the |
| 75 | State University System under s. 121.35. |
| 76 | 2. Except as provided in subparagraph 6., election to |
| 77 | participate is made within 12 months immediately following the |
| 78 | date on which the member first reaches normal retirement date, |
| 79 | or, for a member who reaches normal retirement date based on |
| 80 | service before he or she reaches age 62, or age 55 for Special |
| 81 | Risk Class members, election to participate may be deferred to |
| 82 | the 12 months immediately following the date the member attains |
| 83 | 57, or age 52 for Special Risk Class members. For a member who |
| 84 | first reached normal retirement date or the deferred eligibility |
| 85 | date described above prior to the effective date of this |
| 86 | section, election to participate shall be made within 12 months |
| 87 | after the effective date of this section. A member who fails to |
| 88 | make an election within the such 12-month limitation period |
| 89 | shall forfeit all rights to participate in the DROP. The member |
| 90 | shall advise his or her employer and the division in writing of |
| 91 | the date on which the DROP shall begin. The Such beginning date |
| 92 | may be subsequent to the 12-month election period, but must be |
| 93 | within the 60-month or, with respect to members who are |
| 94 | instructional personnel employed by the Florida School for the |
| 95 | Deaf and the Blind and who have received authorization by the |
| 96 | Board of Trustees of the Florida School for the Deaf and the |
| 97 | Blind to participate in the DROP beyond 60 months, or who are |
| 98 | instructional personnel as defined in s. 1012.01(2)(a)-(d) in |
| 99 | grades K-12 and who have received authorization by the district |
| 100 | school superintendent to participate in the DROP beyond 60 |
| 101 | months, the 96-month maximum participation limitation period as |
| 102 | provided in subparagraph (b)1. When establishing eligibility of |
| 103 | the member to participate in the DROP for the 60-month or, with |
| 104 | respect to members who are instructional personnel employed by |
| 105 | the Florida School for the Deaf and the Blind and who have |
| 106 | received authorization by the Board of Trustees of the Florida |
| 107 | School for the Deaf and the Blind to participate in the DROP |
| 108 | beyond 60 months, or who are instructional personnel as defined |
| 109 | in s. 1012.01(2)(a)-(d) in grades K-12 and who have received |
| 110 | authorization by the district school superintendent to |
| 111 | participate in the DROP beyond 60 months, the 96-month maximum |
| 112 | participation period, the member may elect to include or exclude |
| 113 | any optional service credit purchased by the member from the |
| 114 | total service used to establish the normal retirement date. A |
| 115 | member with dual normal retirement dates is shall be eligible to |
| 116 | elect to participate in DROP within 12 months after attaining |
| 117 | normal retirement date in either class. |
| 118 | 3. The employer of a member electing to participate in the |
| 119 | DROP, or employers if dually employed, shall acknowledge in |
| 120 | writing to the division the date the member's participation in |
| 121 | the DROP begins and the date the member's employment and DROP |
| 122 | participation will terminate. |
| 123 | 4. Simultaneous employment of a participant by additional |
| 124 | Florida Retirement System employers subsequent to the |
| 125 | commencement of participation in the DROP is shall be |
| 126 | permissible provided such employers acknowledge in writing a |
| 127 | DROP termination date no later than the participant's existing |
| 128 | termination date or the 60-month participation limitation period |
| 129 | as provided in subparagraph (b)1. |
| 130 | 5. A DROP participant may change employers while |
| 131 | participating in the DROP, subject to the following: |
| 132 | a. A change of employment must take place without a break |
| 133 | in service so that the member receives salary for each month of |
| 134 | continuous DROP participation. If a member receives no salary |
| 135 | during a month, DROP participation shall cease unless the |
| 136 | employer verifies a continuation of the employment relationship |
| 137 | for such participant pursuant to s. 121.021(39)(b). |
| 138 | b. Such participant and new employer shall notify the |
| 139 | division of the identity of the new employer on forms required |
| 140 | by the division as to the identity of the new employer. |
| 141 | c. The new employer shall acknowledge, in writing, the |
| 142 | participant's DROP termination date, which may be extended but |
| 143 | not beyond the original 60-month or, with respect to members who |
| 144 | are instructional personnel employed by the Florida School for |
| 145 | the Deaf and the Blind and who have received authorization by |
| 146 | the Board of Trustees of the Florida School for the Deaf and the |
| 147 | Blind to participate in the DROP beyond 60 months, or who are |
| 148 | instructional personnel as defined in s. 1012.01(2)(a)-(d) in |
| 149 | grades K-12 and who have received authorization by the district |
| 150 | school superintendent to participate in the DROP beyond 60 |
| 151 | months, the 96-month maximum participation period provided in |
| 152 | subparagraph (b)1., shall acknowledge liability for any |
| 153 | additional retirement contributions and interest required if the |
| 154 | participant fails to timely terminate employment, and shall be |
| 155 | subject to the adjustment required in sub-subparagraph (c)5.d. |
| 156 | 6. Effective July 1, 2001, for instructional personnel as |
| 157 | defined in s. 1012.01 s. 1012.01(2), election to participate in |
| 158 | the DROP may shall be made at any time following the date on |
| 159 | which the member first reaches normal retirement date. The |
| 160 | member shall advise his or her employer and the division in |
| 161 | writing of the date on which the DROP Deferred Retirement Option |
| 162 | Program shall begin. When establishing eligibility of the member |
| 163 | to participate in the DROP for the 60-month or, with respect to |
| 164 | members who are instructional personnel employed by the Florida |
| 165 | School for the Deaf and the Blind and who have received |
| 166 | authorization by the Board of Trustees of the Florida School for |
| 167 | the Deaf and the Blind to participate in the DROP beyond 60 |
| 168 | months, or who are instructional personnel as defined in s. |
| 169 | 1012.01(2)(a)-(d) in grades K-12 and who have received |
| 170 | authorization by the district school superintendent to |
| 171 | participate in the DROP beyond 60 months, the 96-month maximum |
| 172 | participation period, as provided in subparagraph (b)1., the |
| 173 | member may elect to include or exclude any optional service |
| 174 | credit purchased by the member from the total service used to |
| 175 | establish the normal retirement date. A member with dual normal |
| 176 | retirement dates is shall be eligible to elect to participate in |
| 177 | either class. |
| 178 | (b) Participation in the DROP.-- |
| 179 | 1. An eligible member may elect to participate in the DROP |
| 180 | for a period not to exceed a maximum of 60 calendar months or, |
| 181 | with respect to members who are instructional personnel employed |
| 182 | by the Florida School for the Deaf and the Blind and who have |
| 183 | received authorization by the Board of Trustees of the Florida |
| 184 | School for the Deaf and the Blind to participate in the DROP |
| 185 | beyond 60 months, or who are instructional personnel as defined |
| 186 | in s. 1012.01(2)(a)-(d) in prekindergarten through grade 12 who |
| 187 | are funded through the Florida Education Finance Program and |
| 188 | employed by a public school grades K-12 and who have received |
| 189 | authorization by the district school superintendent to |
| 190 | participate in the DROP beyond 60 calendar months, or who are |
| 191 | instructional personnel as defined in s. 1012.01(2)(a)-(d) in |
| 192 | prekindergarten through grade 12 who are funded through the |
| 193 | Florida Education Finance Program and employed by a charter |
| 194 | school and who have received authorization from the governing |
| 195 | board of the charter school to participate in the DROP beyond 60 |
| 196 | calendar months, 96 calendar months immediately following the |
| 197 | date on which the member first reaches his or her normal |
| 198 | retirement date or the date to which he or she is eligible to |
| 199 | defer his or her election to participate as provided in |
| 200 | subparagraph (a)2. However, a member who has reached normal |
| 201 | retirement date prior to the effective date of the DROP is shall |
| 202 | be eligible to participate in the DROP for up to for a period of |
| 203 | time not to exceed 60 calendar months or, with respect to |
| 204 | members who are instructional personnel employed by the Florida |
| 205 | School for the Deaf and the Blind and who have received |
| 206 | authorization by the Board of Trustees of the Florida School for |
| 207 | the Deaf and the Blind to participate in the DROP beyond 60 |
| 208 | months, or who are instructional personnel as defined in s. |
| 209 | 1012.01(2)(a)-(d) in grades K-12 and who have received |
| 210 | authorization by the district school superintendent to |
| 211 | participate in the DROP beyond 60 calendar months, 96 calendar |
| 212 | months, as appropriate, immediately following the effective date |
| 213 | of the DROP, except that a member of the Special Risk Class who |
| 214 | has reached normal retirement date prior to the effective date |
| 215 | of the DROP and whose total accrued value exceeds 75 percent of |
| 216 | average final compensation as of his or her effective date of |
| 217 | retirement may shall be eligible to participate in the DROP for |
| 218 | no more than 36 calendar months immediately following the |
| 219 | effective date of the DROP. |
| 220 | 2. Upon deciding to participate in the DROP, the member |
| 221 | shall submit, on forms required by the division: |
| 222 | a. A written election to participate in the DROP; |
| 223 | b. Selection of the DROP participation and termination |
| 224 | dates, which satisfy the limitations stated in paragraph (a) and |
| 225 | subparagraph 1. The Such termination date must shall be in a |
| 226 | binding letter of resignation to with the employer, establishing |
| 227 | a deferred termination date. The member may change the |
| 228 | termination date within the limitations of subparagraph 1., but |
| 229 | only with the written approval of the his or her employer; |
| 230 | c. A properly completed DROP application for service |
| 231 | retirement as provided in this section; and |
| 232 | d. Any other information required by the division. |
| 233 | 3. The DROP participant shall be a retiree under the |
| 234 | Florida Retirement System for all purposes, except for paragraph |
| 235 | (5)(f) and subsection (9) and ss. 112.3173, 112.363, 121.053, |
| 236 | and 121.122. However, participation in the DROP does not alter |
| 237 | the participant's employment status and the member is such |
| 238 | employee shall not be deemed retired from employment until his |
| 239 | or her deferred resignation is effective and termination occurs |
| 240 | as provided in s. 121.021(39). |
| 241 | 4. Elected officers shall be eligible to participate in |
| 242 | the DROP subject to the following: |
| 243 | a. An elected officer who reaches normal retirement date |
| 244 | during a term of office may defer the election to participate in |
| 245 | the DROP until the next succeeding term in that office. An Such |
| 246 | elected officer who exercises this option may participate in the |
| 247 | DROP for up to 60 calendar months or for a period of no longer |
| 248 | than the such succeeding term of office, whichever is less. |
| 249 | b. An elected or a nonelected participant may run for a |
| 250 | term of office while participating in DROP and, if elected, |
| 251 | extend the DROP termination date accordingly, except that, |
| 252 | however, if such additional term of office exceeds the 60-month |
| 253 | limitation established in subparagraph 1., and the officer does |
| 254 | not resign from office within the such 60-month limitation, the |
| 255 | retirement and the participant's DROP shall be null and void as |
| 256 | provided in sub-subparagraph (c)5.d. |
| 257 | c. An elected officer who is dually employed and elects to |
| 258 | participate in DROP shall be required to satisfy the definition |
| 259 | of termination within the 60-month or, with respect to members |
| 260 | who are instructional personnel employed by the Florida School |
| 261 | for the Deaf and the Blind and who have received authorization |
| 262 | by the Board of Trustees of the Florida School for the Deaf and |
| 263 | the Blind to participate in the DROP beyond 60 months, or who |
| 264 | are instructional personnel as defined in s. 1012.01(2)(a)-(d) |
| 265 | in grades K-12 and who have received authorization by the |
| 266 | district school superintendent to participate in the DROP beyond |
| 267 | 60 months, the 96-month maximum participation limitation period |
| 268 | as provided in subparagraph 1. for the nonelected position and |
| 269 | may continue employment as an elected officer as provided in s. |
| 270 | 121.053. The elected officer shall will be enrolled as a renewed |
| 271 | member in the Elected Officers' Class or the Regular Class, as |
| 272 | provided in ss. 121.053 and 121.122, on the first day of the |
| 273 | month after termination of employment in the nonelected position |
| 274 | and termination of DROP. Distribution of the DROP benefits shall |
| 275 | be made as provided in paragraph (c). |
| 276 | Section 2. Paragraph (d) of subsection (6), paragraph (b) |
| 277 | of subsection (7), paragraph (l) of subsection (9), paragraph |
| 278 | (a) of subsection (10), paragraphs (b) and (c) of subsection |
| 279 | (17), paragraph (e) of subsection (18), and paragraph (a) of |
| 280 | subsection (20) of section 1002.33, Florida Statutes, are |
| 281 | amended to read: |
| 282 | 1002.33 Charter schools.-- |
| 283 | (6) APPLICATION PROCESS AND REVIEW.--Charter school |
| 284 | applications are subject to the following requirements: |
| 285 | (d) For charter school applications in school districts |
| 286 | that have not been granted exclusive authority to sponsor |
| 287 | charter schools pursuant to s. 1002.335(5), the right to appeal |
| 288 | an application denial under paragraph (c) shall be contingent on |
| 289 | the applicant having submitted the same or a substantially |
| 290 | similar application to the district school board and the Florida |
| 291 | Schools of Excellence Commission or one of its cosponsors. Any |
| 292 | such applicant whose application is denied by the commission or |
| 293 | one of its cosponsors and subsequent to its denial by the |
| 294 | district school board may exercise its right to appeal the |
| 295 | district school board's denial under paragraph (c) within 30 |
| 296 | days after receipt of the commission's or cosponsor's denial or |
| 297 | failure to act on the application. However, the applicant |
| 298 | forfeits its right to appeal under paragraph (c) if it fails to |
| 299 | submit its application to the commission or one of its |
| 300 | cosponsors by August 1 of the school year immediately following |
| 301 | the district school board's denial of the application. |
| 302 | (7) CHARTER.--The major issues involving the operation of |
| 303 | a charter school shall be considered in advance and written into |
| 304 | the charter. The charter shall be signed by the governing body |
| 305 | of the charter school and the sponsor, following a public |
| 306 | hearing to ensure community input. |
| 307 | (b)1. A charter may be renewed if provided that a program |
| 308 | review demonstrates that the criteria in paragraph (a) have been |
| 309 | successfully accomplished and that none of the grounds for |
| 310 | nonrenewal established by paragraph (8)(a) has been documented. |
| 311 | In order to facilitate long-term financing for charter school |
| 312 | construction, charter schools operating for a minimum of 3 years |
| 313 | and demonstrating exemplary academic programming and fiscal |
| 314 | management must be provided the option of are eligible for a 15- |
| 315 | year charter renewal. A Such long-term charter is subject to |
| 316 | annual review and may be terminated during the term of the |
| 317 | charter. |
| 318 | 2. The 15-year charter renewal must be offered by a |
| 319 | sponsor that may be granted pursuant to subparagraph 1. shall be |
| 320 | granted to a charter school that has received a school grade of |
| 321 | "A" or "B" pursuant to s. 1008.34 in 3 of the past 4 years and |
| 322 | is not in a state of financial emergency or deficit position as |
| 323 | defined by this section. Such long-term charter is subject to |
| 324 | annual review and may be terminated during the term of the |
| 325 | charter pursuant to subsection (8). |
| 326 | (9) CHARTER SCHOOL REQUIREMENTS.-- |
| 327 | (l) The governing body of the charter school shall report |
| 328 | its progress annually to its sponsor, which shall forward the |
| 329 | report to the Commissioner of Education at the same time as |
| 330 | other annual school accountability reports. The Department of |
| 331 | Education shall develop a uniform, online annual accountability |
| 332 | report format to be completed by charter schools. This report |
| 333 | shall be easy to utilize and contain demographic information, |
| 334 | student performance data, and financial accountability |
| 335 | information. A charter school may directly access, complete, and |
| 336 | correct school data and information in the online accountability |
| 337 | report. The sponsor shall review the report before final |
| 338 | submission to shall not be required to provide information and |
| 339 | data that is duplicative and already in the possession of the |
| 340 | department. The department of Education shall include in its |
| 341 | compilation a notation if a school failed to file its report by |
| 342 | the deadline established by the department. The report shall |
| 343 | include at least the following components: |
| 344 | 1. Student achievement performance data, including the |
| 345 | information required for the annual school report and the |
| 346 | education accountability system governed by ss. 1008.31 and |
| 347 | 1008.345. Charter schools are subject to the same accountability |
| 348 | requirements as other public schools, including reports of |
| 349 | student achievement information that links baseline student data |
| 350 | to the school's performance projections identified in the |
| 351 | charter. The charter school shall identify reasons for any |
| 352 | difference between projected and actual student performance. |
| 353 | 2. Financial status of the charter school which must |
| 354 | include revenues and expenditures at a level of detail that |
| 355 | allows for analysis of the school's ability to meet financial |
| 356 | obligations and timely repayment of debt. |
| 357 | 3. Documentation of the facilities in current use and any |
| 358 | planned facilities for use by the charter school for instruction |
| 359 | of students, administrative functions, or investment purposes. |
| 360 | 4. Descriptive information about the charter school's |
| 361 | personnel, including salary and benefit levels of charter school |
| 362 | employees, the proportion of instructional personnel who hold |
| 363 | professional or temporary certificates, and the proportion of |
| 364 | instructional personnel teaching in-field or out-of-field. |
| 365 | (10) ELIGIBLE STUDENTS.-- |
| 366 | (a) A charter school shall be open to any student covered |
| 367 | in an interdistrict agreement or residing in the school district |
| 368 | in which the charter school is located; however, in the case of |
| 369 | a charter lab school, the charter lab school shall be open to |
| 370 | any student eligible to attend the lab school as provided in s. |
| 371 | 1002.32 or who resides in the school district in which the |
| 372 | charter lab school is located. Any eligible student shall be |
| 373 | allowed interdistrict transfer to attend a charter school when |
| 374 | based on good cause. Good cause shall include, but not be |
| 375 | limited to, geographic proximity to a charter school in a |
| 376 | neighboring school district. |
| 377 | (17) FUNDING.--Students enrolled in a charter school, |
| 378 | regardless of the sponsorship, shall be funded as if they are in |
| 379 | a basic program or a special program, the same as students |
| 380 | enrolled in other public schools in the school district. Funding |
| 381 | for a charter lab school shall be as provided in s. 1002.32. |
| 382 | (b) The basis for the agreement for funding students |
| 383 | enrolled in a charter school shall be the sum of the school |
| 384 | district's operating funds from the Florida Education Finance |
| 385 | Program as provided in s. 1011.62 and the General Appropriations |
| 386 | Act, including gross state and local funds, discretionary |
| 387 | lottery funds, and funds from the school district's current |
| 388 | operating discretionary millage levy; divided by total funded |
| 389 | weighted full-time equivalent students in the school district; |
| 390 | multiplied by the weighted full-time equivalent students for the |
| 391 | charter school. Charter schools whose students or programs meet |
| 392 | the eligibility criteria in law shall be entitled to their |
| 393 | proportionate share of categorical program funds included in the |
| 394 | total funds available in the Florida Education Finance Program |
| 395 | by the Legislature, including transportation. Total funding for |
| 396 | each charter school shall be recalculated during the year to |
| 397 | reflect the revised calculations under the Florida Education |
| 398 | Finance Program by the state and the actual weighted full-time |
| 399 | equivalent students reported by the charter school during the |
| 400 | full-time equivalent student survey periods designated by the |
| 401 | Commissioner of Education. Florida Education Finance Program |
| 402 | funds for a charter school must be distributed to the charter |
| 403 | school by the sponsor within 10 days after receipt by the state. |
| 404 | (c) If the sponsor district school board is providing |
| 405 | programs or services to students funded by federal funds, any |
| 406 | eligible students enrolled in charter schools in the school |
| 407 | district shall be provided federal funds for the same level of |
| 408 | service provided students in the schools operated by the |
| 409 | district school board. Pursuant to provisions of 20 U.S.C. 8061 |
| 410 | s. 10306, all charter schools shall receive all federal funding |
| 411 | for which the school is otherwise eligible, including Title I |
| 412 | funding and funding under the Individuals with Disabilities |
| 413 | Education Act, not later than 5 months after the charter school |
| 414 | first opens and within 5 months after any subsequent expansion |
| 415 | of enrollment. |
| 416 | (18) FACILITIES.-- |
| 417 | (e) If a district school board facility or property is |
| 418 | available because it is surplus, marked for disposal, or |
| 419 | otherwise unused, it shall be provided for a charter school's |
| 420 | use on the same basis as it is made available to other public |
| 421 | schools in the district. If a school district closes a public |
| 422 | school, the property and facilities must first be made available |
| 423 | within 60 days, for lease or purchase, to charter schools within |
| 424 | the district to be used for educational purposes. A charter |
| 425 | school receiving property from the school district may not sell |
| 426 | or dispose of such property without written permission of the |
| 427 | school district. Similarly, for an existing public school |
| 428 | converting to charter status, no rental or leasing fee for the |
| 429 | existing facility or for the property normally inventoried to |
| 430 | the conversion school may be charged by the district school |
| 431 | board to the parents and teachers organizing the charter school. |
| 432 | The charter school shall agree to reasonable maintenance |
| 433 | provisions in order to maintain the facility in a manner similar |
| 434 | to district school board standards. The Public Education Capital |
| 435 | Outlay maintenance funds or any other maintenance funds |
| 436 | generated by the facility operated as a conversion school shall |
| 437 | remain with the conversion school. |
| 438 | (20) SERVICES.-- |
| 439 | (a) A sponsor shall provide certain administrative and |
| 440 | educational services to charter schools. These services shall |
| 441 | include contract management services; full-time equivalent and |
| 442 | data reporting services; exceptional student education |
| 443 | administration services; services related to eligibility and |
| 444 | reporting duties required to ensure that school lunch services |
| 445 | under the federal lunch program, consistent with the needs of |
| 446 | the charter school, are provided by the school district at the |
| 447 | request of the charter school, that any funds due the charter |
| 448 | school under the federal lunch program be paid to the charter |
| 449 | school as soon as the charter school begins serving food under |
| 450 | the federal lunch program, and that the charter school is paid |
| 451 | at the same time and in the same manner under the federal lunch |
| 452 | program as other public schools serviced by the sponsor or |
| 453 | school district; test administration services, including payment |
| 454 | of the costs of state-required or district-required student |
| 455 | assessments; processing of teacher certificate data services; |
| 456 | and information services, including equal access to student |
| 457 | information systems that are used by public schools in the |
| 458 | district in which the charter school is located. Student |
| 459 | performance data for each student in a charter school, |
| 460 | including, but not limited to, FCAT scores, standardized test |
| 461 | scores, previous public school student report cards, and student |
| 462 | performance measures, shall be provided by the sponsor to a |
| 463 | charter school in the same manner provided to other public |
| 464 | schools in the district. A total administrative fee for the |
| 465 | provision of such services shall be calculated based upon up to |
| 466 | 5 percent of the available funds defined in paragraph (17)(b) |
| 467 | for all students. However, a sponsor may only withhold up to a |
| 468 | 5-percent administrative fee for enrollment for up to and |
| 469 | including 500 students. For charter schools with a population of |
| 470 | 501 or more students, the difference between the total |
| 471 | administrative fee calculation and the amount of the |
| 472 | administrative fee withheld may only be used for capital outlay |
| 473 | purposes specified in s. 1013.62(2). Sponsors shall not charge |
| 474 | charter schools any additional fees or surcharges for |
| 475 | administrative and educational services in addition to the |
| 476 | maximum 5-percent administrative fee withheld pursuant to this |
| 477 | paragraph. |
| 478 | Section 3. Paragraph (b) of subsection (2) of section |
| 479 | 1003.03, Florida Statutes, is amended to read: |
| 480 | 1003.03 Maximum class size.-- |
| 481 | (2) IMPLEMENTATION.-- |
| 482 | (b) Determination of the number of students per classroom |
| 483 | in paragraph (a) shall be calculated as follows: |
| 484 | 1. For fiscal years 2003-2004 through 2005-2006, the |
| 485 | calculation for compliance for each of the 3 grade groupings |
| 486 | shall be the average at the district level. |
| 487 | 2. For fiscal years 2006-2007 through 2007-2008, the |
| 488 | calculation for compliance for each of the 3 grade groupings |
| 489 | shall be the average at the school level. |
| 490 | 3. For fiscal years 2008-2009, 2009-2010, and thereafter, |
| 491 | the calculation for compliance shall be at the individual |
| 492 | classroom level. However, the calculation for compliance for |
| 493 | charter schools, public school magnet programs, or other public |
| 494 | school parental choice programs shall remain the average at the |
| 495 | school level or program level. |
| 496 | 4. For fiscal years 2006-2007 through 2009-2010 and |
| 497 | thereafter, each teacher assigned to any classroom shall be |
| 498 | included in the calculation for compliance. |
| 499 | Section 4. Subsection (2) of section 1011.71, Florida |
| 500 | Statutes, is amended to read: |
| 501 | 1011.71 District school tax.-- |
| 502 | (2) In addition to the maximum millage levy as provided in |
| 503 | subsection (1), each school board may levy not more than 2 mills |
| 504 | against the taxable value for school purposes for district |
| 505 | schools, including charter schools at the discretion of the |
| 506 | school board, to fund: |
| 507 | (a) New construction and remodeling projects, as set forth |
| 508 | in s. 1013.64(3)(b) and (6)(b) and included in the district's |
| 509 | educational plant survey pursuant to s. 1013.31, without regard |
| 510 | to prioritization, sites and site improvement or expansion to |
| 511 | new sites, existing sites, auxiliary facilities, athletic |
| 512 | facilities, or ancillary facilities. |
| 513 | (b) Maintenance, renovation, and repair of existing school |
| 514 | plants or of leased facilities to correct deficiencies pursuant |
| 515 | to s. 1013.15(2). |
| 516 | (c) The purchase, lease-purchase, or lease of school |
| 517 | buses. |
| 518 | (d) The purchase, lease-purchase, or lease of new and |
| 519 | replacement equipment. |
| 520 | (e) Payments for educational facilities and sites due |
| 521 | under a lease-purchase agreement entered into by a district |
| 522 | school board pursuant to s. 1003.02(1)(f) or s. 1013.15(2), not |
| 523 | exceeding, in the aggregate, an amount equal to three-fourths of |
| 524 | the proceeds from the millage levied by a district school board |
| 525 | pursuant to this subsection. |
| 526 | (f) Payment of loans approved pursuant to ss. 1011.14 and |
| 527 | 1011.15. |
| 528 | (g) Payment of costs directly related to complying with |
| 529 | state and federal environmental statutes, rules, and regulations |
| 530 | governing school facilities. |
| 531 | (h) Payment of costs of leasing relocatable educational |
| 532 | facilities, of renting or leasing educational facilities and |
| 533 | sites pursuant to s. 1013.15(2), or of renting or leasing |
| 534 | buildings or space within existing buildings pursuant to s. |
| 535 | 1013.15(4). |
| 536 | (i) Payment of the cost of school buses when a school |
| 537 | district contracts with a private entity to provide student |
| 538 | transportation services if the district meets the requirements |
| 539 | of this paragraph. |
| 540 | 1. The district's contract must require that the private |
| 541 | entity purchase, lease-purchase, or lease, and operate and |
| 542 | maintain, one or more school buses of a specific type and size |
| 543 | that meet the requirements of s. 1006.25. |
| 544 | 2. Each such school bus must be used for the daily |
| 545 | transportation of public school students in the manner required |
| 546 | by the school district. |
| 547 | 3. Annual payment for each such school bus may not exceed |
| 548 | 10 percent of the purchase price of the state pool bid. |
| 549 | 4. The proposed expenditure of the funds for this purpose |
| 550 | must have been included in the district school board's notice of |
| 551 | proposed tax for school capital outlay as provided in s. |
| 552 | 200.065(10). |
| 553 | (j) Payment of the cost of the opening day collection for |
| 554 | the library media center of a new school. |
| 555 | Section 5. Paragraph (f) is added to subsection (2) of |
| 556 | section 1013.62, Florida Statutes, to read: |
| 557 | 1013.62 Charter schools capital outlay funding.-- |
| 558 | (2) A charter school's governing body may use charter |
| 559 | school capital outlay funds for the following purposes: |
| 560 | (f) Any of the purposes set forth in s. 1011.71(2). |
| 561 |
|
| 562 | Conversion charter schools may use capital outlay funds received |
| 563 | through the reduction in the administrative fee provided in s. |
| 564 | 1002.33(20) for renovation, repair, and maintenance of school |
| 565 | facilities that are owned by the sponsor. |
| 566 | Section 6. This act shall take effect July 1, 2008. |