Florida Senate - 2008 CS for CS for SB 1652
By the Committees on Education Pre-K - 12 Appropriations; Education Pre-K - 12; Education Pre-K - 12
602-05462-08 20081652c2
1
A bill to be entitled
2
An act relating to charter schools; amending ss. 11.45,
4
the Auditor General; conforming provisions related to
5
changes in the entities subject to a state of financial
7
providing that charter technical career centers are
8
subject to certain requirements in the event of a
9
financial emergency; requiring that the sponsor be
10
notified of certain conditions; providing for the
11
development of a financial recovery plan, which may be
12
approved by the Commissioner of Education; amending s.
13
1002.33, F.S.; providing for duties of charter school
14
sponsors and governing boards when charter schools and
15
charter technical career centers experience a financial
16
weakness or a financial emergency; specifying forms to be
17
used by charter school applicants and sponsors; requiring
18
applicant training and documentation; deleting the
19
auditing requirements and financial emergency provisions
20
for charter schools; requiring charters schools to
21
disclose the identity of relatives of charter school
22
personnel; providing that the immediate termination of a
23
charter is exempt from requirements for an informal
24
hearing or for a hearing under ch. 120, F.S.; providing
25
for a limitation on funding; providing for the disclosure
26
of the performance of charter schools that are not given a
27
school grade or school improvement rating; revising the
28
requirements for providing information to the public on
29
how to form and operate a charter school; providing
30
reporting requirements; providing restrictions for the
31
employment of relatives by charter school personnel;
32
providing that members of a charter school governing board
33
are subject to certain standards of conduct specified in
35
F.S.; eliminating the requirement for district school
36
boards to annually seek continued exclusivity from the
37
State Board of Education; providing for challenges to the
38
exclusivity of district school boards; providing a
39
presumption for district school boards that are granted
40
exclusivity; providing for informal hearings; specifying
41
additional components of cosponsor agreements; amending s.
42
1002.34, F.S.; providing additional duties for charter
43
technical career centers, applicants, sponsors, and
44
governing boards; requiring the Department of Education to
45
offer or arrange training and assistance to applicants for
46
a charter technical career center; requiring that an
47
applicant participate in the training; creating s.
48
1002.345, F.S.; establishing criteria and requirements for
49
charter schools and charter technical career centers that
50
have financial weaknesses or are in a state of financial
51
emergency; establishing requirements for charter schools,
52
charter technical career centers, governing bodies, and
53
sponsors; requiring financial audits of charter schools
54
and charter technical career centers; providing for
55
corrective action and financial recovery plans; providing
56
for duties of auditors, the Commissioner of Education, and
57
the Department of Education; requiring the State Board of
58
Education to adopt rules; providing grounds for
59
termination or nonrenewal of a charter; providing an
60
effective date.
61
62
Be It Enacted by the Legislature of the State of Florida:
63
64
Section 1. Paragraph (e) of subsection (7) and subsection
65
(8) of section 11.45, Florida Statutes, are amended to read:
66
11.45 Definitions; duties; authorities; reports; rules.--
67
(7) AUDITOR GENERAL REPORTING REQUIREMENTS.--
68
(e) The Auditor General shall notify the Governor or the
69
Commissioner of Education, as appropriate, and the Legislative
70
Auditing Committee of any audit report reviewed by the Auditor
71
General pursuant to paragraph (b) which contains a statement that
72
a local governmental entity, charter school, charter technical
73
career center, or district school board has met one or more of
74
the conditions specified in s. 218.503. If the Auditor General
75
requests a clarification regarding information included in an
76
audit report to determine whether a local governmental entity,
77
charter school, charter technical career center, or district
78
school board has met one or more of the conditions specified in
79
s. 218.503, the requested clarification must be provided within
80
45 days after the date of the request. If the local governmental
81
entity, charter school, charter technical career center, or
82
district school board does not comply with the Auditor General's
83
request, the Auditor General shall notify the Legislative
84
Auditing Committee. If, after obtaining the requested
85
clarification, the Auditor General determines that the local
86
governmental entity, charter school, charter technical career
87
center, or district school board has met one or more of the
88
conditions specified in s. 218.503, he or she shall notify the
89
Governor or the Commissioner of Education, as appropriate, and
90
the Legislative Auditing Committee.
91
(8) RULES OF THE AUDITOR GENERAL.--The Auditor General, in
92
consultation with the Board of Accountancy, shall adopt rules for
93
the form and conduct of all financial audits performed by
94
independent certified public accountants pursuant to ss. 215.981,
96
local governmental entities, charter schools, charter school
97
technical career centers, and district school boards must
98
include, but are not limited to, requirements for the reporting
99
of information necessary to carry out the purposes of the Local
100
Governmental Entity, Charter School, Charter Technical Career
101
Center, and District School Board Financial Emergencies Act as
102
stated in s. 218.501.
103
Section 2. Section 218.50, Florida Statutes, is amended to
104
read:
106
as the "Local Governmental Entity, Charter School, Charter
107
Technical Career Center, and District School Board Financial
108
Emergencies Act."
109
Section 3. Section 218.501, Florida Statutes, is amended to
110
read:
112
(1) To promote the fiscal responsibility of local
113
governmental entities, charter schools, charter technical career
114
centers, and district school boards.
115
(2) To assist local governmental entities, charter schools,
116
charter technical career centers, and district school boards in
117
providing essential services without interruption and in meeting
118
their financial obligations.
119
(3) To assist local governmental entities, charter schools,
120
charter technical career centers, and district school boards
121
through the improvement of local financial management procedures.
122
Section 4. Subsections (1), (2), and (4) of section
123
218.503, Florida Statutes, are amended to read:
124
218.503 Determination of financial emergency.--
125
(1) Local governmental entities, charter schools, charter
126
technical career centers, and district school boards shall be
127
subject to review and oversight by the Governor, the charter
128
school sponsor, the charter technical career center sponsor, or
129
the Commissioner of Education, as appropriate, when any one of
130
the following conditions occurs:
131
(a) Failure within the same fiscal year in which due to pay
132
short-term loans or failure to make bond debt service or other
133
long-term debt payments when due, as a result of a lack of funds.
134
(b) Failure to pay uncontested claims from creditors within
135
90 days after the claim is presented, as a result of a lack of
136
funds.
137
(c) Failure to transfer at the appropriate time, due to
138
lack of funds:
139
1. Taxes withheld on the income of employees; or
140
2. Employer and employee contributions for:
141
a. Federal social security; or
142
b. Any pension, retirement, or benefit plan of an employee.
143
(d) Failure for one pay period to pay, due to lack of
144
funds:
145
1. Wages and salaries owed to employees; or
146
2. Retirement benefits owed to former employees.
147
(e) An unreserved or total fund balance or retained
148
earnings deficit, or unrestricted or total net assets deficit, as
149
reported on the balance sheet or statement of net assets on the
150
general purpose or fund financial statements, for which
151
sufficient resources of the local governmental entity, as
152
reported on the balance sheet or statement of net assets on the
153
general purpose or fund financial statements, are not available
154
to cover the deficit. Resources available to cover reported
155
deficits include net assets that are not otherwise restricted by
156
federal, state, or local laws, bond covenants, contractual
157
agreements, or other legal constraints. Fixed or capital assets,
158
the disposal of which would impair the ability of a local
159
governmental entity to carry out its functions, are not
160
considered resources available to cover reported deficits.
161
(2) A local governmental entity shall notify the Governor
162
and the Legislative Auditing Committee, a charter school shall
163
notify the charter school sponsor and the Legislative Auditing
164
Committee, a charter technical career center shall notify the
165
charter technical career center sponsor and the Legislative
166
Auditing Committee, and a district school board shall notify the
167
Commissioner of Education and the Legislative Auditing Committee,
168
when one or more of the conditions specified in subsection (1)
169
have occurred or will occur if action is not taken to assist the
170
local governmental entity, charter school, charter school
171
technical career center, or district school board. In addition,
172
any state agency must, within 30 days after a determination that
173
one or more of the conditions specified in subsection (1) have
174
occurred or will occur if action is not taken to assist the local
175
governmental entity, charter school, charter school technical
176
career center, or district school board, notify the Governor,
177
charter school sponsor, charter school technical career center
178
sponsor, or the Commissioner of Education, as appropriate, and
179
the Legislative Auditing Committee.
180
(4)(a) Upon notification that one or more of the conditions
181
in subsection (1) exist, the charter school sponsor or the
182
sponsor's designee and the Commissioner of Education shall
183
contact the charter school governing body to determine what
184
actions have been taken by the charter school governing body to
185
resolve the condition. The Commissioner of Education charter
186
school sponsor has the authority to require and approve a
187
financial recovery plan, to be prepared by the charter school
188
governing body, prescribing actions that will cause the charter
189
school to no longer be subject to this section. The Department of
190
Education shall establish guidelines for developing such plans.
191
(b) Upon notification that one or more of the conditions in
192
subsection (1) exist, the charter technical career center sponsor
193
or the sponsor's designee and the Commissioner of Education shall
194
contact the charter technical career center governing body to
195
determine what actions have been taken by the charter technical
196
career center governing body to resolve the condition. The
197
Commissioner of Education may require and approve a financial
198
recovery plan, to be prepared by the charter technical career
199
center governing body, prescribing actions that will cause the
200
charter technical career center to no longer be subject to this
201
section.
202
(c) The Commissioner of Education shall determine if the
203
charter school or charter technical career center needs a
204
financial recovery plan to resolve the condition. If the
205
Commissioner of Education determines that a financial recovery
206
plan is needed, the charter school or charter technical career
207
center is considered to be in a state of financial emergency.
208
209
The Department of Education, with the involvement of sponsors,
210
charter schools, and charter technical career centers, shall
211
establish guidelines for developing such plans.
212
Section 5. Section 218.504, Florida Statutes, is amended to
213
read:
214
218.504 Cessation of state action.--The Governor or the
215
Commissioner of Education, as appropriate, has the authority to
217
Cessation of state action must not occur until the Governor or
218
the Commissioner of Education, as appropriate, has determined
219
that:
220
(1) The local governmental entity, charter school, charter
221
technical career center, or district school board:
222
(a) Has established and is operating an effective financial
223
accounting and reporting system.
224
(b) Has resolved the conditions outlined in s. 218.503(1).
225
(2) None of the conditions outlined in s. 218.503(1)
226
exists.
227
Section 6. Paragraph (b) of subsection (5), paragraphs (a),
228
(b), and (g) of subsection (6), paragraph (a) of subsection (7),
229
paragraph (d) of subsection (8), paragraphs (g) through (q) of
230
subsection (9), and subsections (17), (21), and (23) of section
231
1002.33, Florida Statutes, are amended, present subsection (24)
232
of that section is redesignated as subsection (26), and a new
233
subsection (24) and subsection (25) are added to that section, to
234
read:
235
1002.33 Charter schools.--
236
(5) SPONSOR; DUTIES.--
237
(b) Sponsor duties.--
238
1.a. The sponsor shall monitor and review the charter
239
school in its progress toward the goals established in the
240
charter.
241
b. The sponsor shall monitor the revenues and expenditures
242
of the charter school and perform the duties provided for in s.
243
1002.345.
244
c. The sponsor may approve a charter for a charter school
245
before the applicant has secured space, equipment, or personnel,
246
if the applicant indicates approval is necessary for it to raise
247
working funds.
248
d. The sponsor's policies shall not apply to a charter
249
school unless mutually agreed to by both the sponsor and the
250
charter school.
251
e. The sponsor shall ensure that the charter is innovative
252
and consistent with the state education goals established by s.
253
1000.03(5).
254
f. The sponsor shall ensure that the charter school
255
participates in the state's education accountability system. If a
256
charter school falls short of performance measures included in
257
the approved charter, the sponsor shall report such shortcomings
258
to the Department of Education.
259
g. The sponsor shall not be liable for civil damages under
260
state law for personal injury, property damage, or death
261
resulting from an act or omission of an officer, employee, agent,
262
or governing body of the charter school.
263
h. The sponsor shall not be liable for civil damages under
264
state law for any employment actions taken by an officer,
265
employee, agent, or governing body of the charter school.
266
i. The sponsor's duties to monitor the charter school shall
267
not constitute the basis for a private cause of action.
268
j. The sponsor shall not impose additional reporting
269
requirements on a charter school without providing reasonable and
270
specific justification in writing to the charter school.
271
2. Immunity for the sponsor of a charter school under
272
subparagraph 1. applies only with respect to acts or omissions
273
not under the sponsor's direct authority as described in this
274
section.
275
3. Nothing contained in this paragraph shall be considered
276
a waiver of sovereign immunity by a district school board.
277
4. A community college may work with the school district or
278
school districts in its designated service area to develop
279
charter schools that offer secondary education. These charter
280
schools must include an option for students to receive an
281
associate degree upon high school graduation. District school
282
boards shall cooperate with and assist the community college on
283
the charter application. Community college applications for
284
charter schools are not subject to the time deadlines outlined in
285
subsection (6) and may be approved by the district school board
286
at any time during the year. Community colleges shall not report
287
FTE for any students who receive FTE funding through the Florida
288
Education Finance Program.
289
(6) APPLICATION PROCESS AND REVIEW.--Charter school
290
applications are subject to the following requirements:
291
(a) A person or entity wishing to open a charter school
292
shall prepare and submit an application on a model application
293
form prepared by the Department of Education, in conjunction with
294
the Florida Schools of Excellence Commission, which that:
295
1. Demonstrates how the school will use the guiding
296
principles and meet the statutorily defined purpose of a charter
297
school.
298
2. Provides a detailed curriculum plan that illustrates how
299
students will be provided services to attain the Sunshine State
300
Standards.
301
3. Contains goals and objectives for improving student
302
learning and measuring that improvement. These goals and
303
objectives must indicate how much academic improvement students
304
are expected to show each year, how success will be evaluated,
305
and the specific results to be attained through instruction.
306
4. Describes the reading curriculum and differentiated
307
strategies that will be used for students reading at grade level
308
or higher and a separate curriculum and strategies for students
309
who are reading below grade level. A sponsor shall deny a charter
310
if the school does not propose a reading curriculum that is
311
consistent with effective teaching strategies that are grounded
312
in scientifically based reading research.
313
5. Contains an annual financial plan for each year
314
requested by the charter for operation of the school for up to 5
315
years. This plan must contain anticipated fund balances based on
316
revenue projections, a spending plan based on projected revenues
317
and expenses, and a description of controls that will safeguard
318
finances and projected enrollment trends.
319
6. Documents that the applicant has participated in the
320
training required in subparagraph (g)2. A sponsor may require an
321
applicant to provide additional information as an addendum to the
322
charter school application as described in this paragraph.
323
(b) A sponsor shall receive and review all applications for
324
a charter school using an evaluation instrument developed by the
325
Department of Education. A sponsor may require an applicant to
326
provide additional information as an addendum to this evaluation
327
instrument. Beginning with the 2007-2008 school year, a sponsor
328
shall receive and consider charter school applications received
329
on or before August 1 of each calendar year for charter schools
330
to be opened at the beginning of the school district's next
331
school year, or to be opened at a time agreed to by the applicant
332
and the sponsor. A sponsor may receive applications later than
333
this date if it chooses. A sponsor may not charge an applicant
334
for a charter any fee for the processing or consideration of an
335
application, and a sponsor may not base its consideration or
336
approval of an application upon the promise of future payment of
337
any kind.
338
1. In order to facilitate an accurate budget projection
339
process, a sponsor shall be held harmless for FTE students who
340
are not included in the FTE projection due to approval of charter
341
school applications after the FTE projection deadline. In a
342
further effort to facilitate an accurate budget projection,
343
within 15 calendar days after receipt of a charter school
344
application, a sponsor shall report to the Department of
345
Education the name of the applicant entity, the proposed charter
346
school location, and its projected FTE.
347
2. In order to ensure fiscal responsibility, an application
348
for a charter school shall include a full accounting of expected
349
assets, a projection of expected sources and amounts of income,
350
including income derived from projected student enrollments and
351
from community support, and an expense projection that includes
352
full accounting of the costs of operation, including start-up
353
costs.
354
3. A sponsor shall by a majority vote approve or deny an
355
application no later than 60 calendar days after the application
356
is received, unless the sponsor and the applicant mutually agree
357
in writing to temporarily postpone the vote to a specific date,
358
at which time the sponsor shall by a majority vote approve or
359
deny the application. If the sponsor fails to act on the
360
application, an applicant may appeal to the State Board of
361
Education as provided in paragraph (c). If an application is
362
denied, the sponsor shall, within 10 calendar days, articulate in
363
writing the specific reasons, based upon good cause, supporting
364
its denial of the charter application and shall provide the
365
letter of denial and supporting documentation to the applicant
366
and to the Department of Education supporting those reasons.
367
4. For budget projection purposes, the sponsor shall report
368
to the Department of Education the approval or denial of a
369
charter application within 10 calendar days after such approval
370
or denial. In the event of approval, the report to the Department
371
of Education shall include the final projected FTE for the
372
approved charter school.
373
5. Upon approval of a charter application, the initial
374
startup shall commence with the beginning of the public school
375
calendar for the district in which the charter is granted unless
376
the sponsor allows a waiver of this provision for good cause.
377
(g)1. The Department of Education shall offer or arrange
378
for training and technical assistance to charter school
379
applicants in developing business plans and estimating costs and
380
income. This assistance shall address estimating startup costs,
381
projecting enrollment, and identifying the types and amounts of
382
state and federal financial assistance the charter school will be
383
eligible to receive. The department may provide other technical
384
assistance to an applicant upon written request.
385
2. A charter school applicant must participate in the
386
training provided by the Department of Education prior to filing
387
an application. However, a sponsor may require the charter school
388
applicant to attend training provided by the sponsor in lieu of
389
the department's training if the sponsor's training standards
390
meet or exceed the standards developed by the Department of
391
Education. The training shall include instruction in accurate
392
financial planning and good business practices. In addition to
393
the applicant, if the applicant is a management company or other
394
nonprofit organization, the charter school principal and the
395
chief financial officer must also participate in the training.
396
(7) CHARTER.--The major issues involving the operation of a
397
charter school shall be considered in advance and written into
398
the charter. The charter shall be signed by the governing body of
399
the charter school and the sponsor, following a public hearing to
400
ensure community input.
401
(a) The charter shall address, and criteria for approval of
402
the charter shall be based on:
403
1. The school's mission, the students to be served, and the
404
ages and grades to be included.
405
2. The focus of the curriculum, the instructional methods
406
to be used, any distinctive instructional techniques to be
407
employed, and identification and acquisition of appropriate
408
technologies needed to improve educational and administrative
409
performance which include a means for promoting safe, ethical,
410
and appropriate uses of technology which comply with legal and
411
professional standards. The charter shall ensure that reading is
412
a primary focus of the curriculum and that resources are provided
413
to identify and provide specialized instruction for students who
414
are reading below grade level. The curriculum and instructional
415
strategies for reading must be consistent with the Sunshine State
416
Standards and grounded in scientifically based reading research.
417
3. The current incoming baseline standard of student
418
academic achievement, the outcomes to be achieved, and the method
419
of measurement that will be used. The criteria listed in this
420
subparagraph shall include a detailed description for each of the
421
following:
422
a. How the baseline student academic achievement levels and
423
prior rates of academic progress will be established.
424
b. How these baseline rates will be compared to rates of
425
academic progress achieved by these same students while attending
426
the charter school.
427
c. To the extent possible, how these rates of progress will
428
be evaluated and compared with rates of progress of other closely
429
comparable student populations.
430
The district school board is required to provide academic student
431
performance data to charter schools for each of their students
432
coming from the district school system, as well as rates of
433
academic progress of comparable student populations in the
434
district school system.
435
4. The methods used to identify the educational strengths
436
and needs of students and how well educational goals and
437
performance standards are met by students attending the charter
438
school. Included in the methods is a means for the charter school
439
to ensure accountability to its constituents by analyzing student
440
performance data and by evaluating the effectiveness and
441
efficiency of its major educational programs. Students in charter
442
schools shall, at a minimum, participate in the statewide
443
assessment program created under s. 1008.22.
444
5. In secondary charter schools, a method for determining
445
that a student has satisfied the requirements for graduation in
446
s. 1003.43.
447
6. A method for resolving conflicts between the governing
448
body of the charter school and the sponsor.
449
7. The admissions procedures and dismissal procedures,
450
including the school's code of student conduct.
451
8. The ways by which the school will achieve a
452
racial/ethnic balance reflective of the community it serves or
453
within the racial/ethnic range of other public schools in the
454
same school district.
455
9. The financial and administrative management of the
456
school, including a reasonable demonstration of the professional
457
experience or competence of those individuals or organizations
458
applying to operate the charter school or those hired or retained
459
to perform such professional services and the description of
460
clearly delineated responsibilities and the policies and
461
practices needed to effectively manage the charter school. A
462
description of internal audit procedures and establishment of
463
controls to ensure that financial resources are properly managed
464
must be included. Both public sector and private sector
465
professional experience shall be equally valid in such a
466
consideration.
467
10. The asset and liability projections required in the
468
application which are incorporated into the charter and which
469
shall be compared with information provided in the annual report
470
of the charter school. The charter shall ensure that, if a
471
charter school internal audit or annual financial audit reveals a
472
state of financial emergency as defined in s. 218.503 or deficit
473
financial position, the auditors are required to notify the
474
charter school governing board, the sponsor, and the Department
475
of Education. The internal auditor shall report such findings in
476
the form of an exit interview to the principal or the principal
477
administrator of the charter school and the chair of the
478
governing board within 7 working days after finding the state of
479
financial emergency or deficit position. A final report shall be
480
provided to the entire governing board, the sponsor, and the
481
Department of Education within 14 working days after the exit
482
interview. When a charter school is in a state of financial
483
emergency, the charter school shall file a detailed financial
484
recovery plan with the sponsor. The department, with the
485
involvement of both sponsors and charter schools, shall establish
486
guidelines for developing such plans.
487
11. A description of procedures that identify various risks
488
and provide for a comprehensive approach to reduce the impact of
489
losses; plans to ensure the safety and security of students and
490
staff; plans to identify, minimize, and protect others from
491
violent or disruptive student behavior; and the manner in which
492
the school will be insured, including whether or not the school
493
will be required to have liability insurance, and, if so, the
494
terms and conditions thereof and the amounts of coverage.
495
12. The term of the charter which shall provide for
496
cancellation of the charter if insufficient progress has been
497
made in attaining the student achievement objectives of the
498
charter and if it is not likely that such objectives can be
499
achieved before expiration of the charter. The initial term of a
500
charter shall be for 4 or 5 years. In order to facilitate access
501
to long-term financial resources for charter school construction,
502
charter schools that are operated by a municipality or other
503
public entity as provided by law are eligible for up to a 15-year
504
charter, subject to approval by the district school board. A
505
charter lab school is eligible for a charter for a term of up to
506
15 years. In addition, to facilitate access to long-term
507
financial resources for charter school construction, charter
508
schools that are operated by a private, not-for-profit, s.
509
501(c)(3) status corporation are eligible for up to a 15-year
510
charter, subject to approval by the district school board. Such
511
long-term charters remain subject to annual review and may be
512
terminated during the term of the charter, but only according to
513
the provisions set forth in subsection (8).
514
13. The facilities to be used and their location.
515
14. The qualifications to be required of the teachers and
516
the potential strategies used to recruit, hire, train, and retain
517
qualified staff to achieve best value.
518
15. The governance structure of the school, including the
519
status of the charter school as a public or private employer as
520
required in paragraph (12)(i).
521
16. A timetable for implementing the charter which
522
addresses the implementation of each element thereof and the date
523
by which the charter shall be awarded in order to meet this
524
timetable.
525
17. In the case of an existing public school being
526
converted to charter status, alternative arrangements for current
527
students who choose not to attend the charter school and for
528
current teachers who choose not to teach in the charter school
529
after conversion in accordance with the existing collective
530
bargaining agreement or district school board rule in the absence
531
of a collective bargaining agreement. However, alternative
532
arrangements shall not be required for current teachers who
533
choose not to teach in a charter lab school, except as authorized
534
by the employment policies of the state university which grants
535
the charter to the lab school.
536
18. Full disclosure of the identity of all relatives
537
employed by the charter school who are related to the charter
538
school owner, president, chairperson of the governing board of
539
directors, superintendent, governing board member, principal,
540
assistant principal, or any other person employed by the charter
541
school having equivalent decisionmaking authority. For the
542
purpose of this subparagraph, the term "relative" means father,
543
mother, son, daughter, brother, sister, uncle, aunt, first
544
cousin, nephew, niece, husband, wife, father-in-law, mother-in-
545
law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
546
stepfather, stepmother, stepson, stepdaughter, stepbrother,
547
stepsister, half brother, or half sister.
548
(8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.--
549
(d) A charter may be terminated immediately if the sponsor
550
determines that good cause has been shown or if the health,
551
safety, or welfare of the students is threatened. The sponsor's
552
determination is not subject to an informal hearing under
553
paragraph (b) or pursuant to chapter 120. The sponsor shall
554
notify in writing the charter school's governing body, the
555
charter school principal, and the department if a charter is
556
immediately terminated. The sponsor shall clearly identify the
557
specific issues that resulted in the immediate termination and
558
provide evidence of prior notification of issues resulting in the
559
immediate termination when appropriate. The school district in
560
which the charter school is located shall assume operation of the
561
school under these circumstances. The charter school's governing
562
board may, within 30 days after receiving the sponsor's decision
563
to terminate the charter, appeal the decision pursuant to the
564
procedure established in subsection (6).
565
(9) CHARTER SCHOOL REQUIREMENTS.--
566
(g) A charter school shall provide for an annual financial
567
audit in accordance with s. 218.39. Financial audits that reveal
568
a state of financial emergency as defined in s. 218.503 and are
569
conducted by a certified public accountant or auditor in
570
accordance with s. 218.39 shall be provided to the governing body
571
of the charter school within 7 working days after finding that a
572
state of financial emergency exists. When a charter school is
573
found to be in a state of financial emergency by a certified
574
public accountant or auditor, the charter school must file a
575
detailed financial recovery plan with the sponsor within 30 days
576
after receipt of the audit.
577
(g)(h) In order to provide financial information that is
578
comparable to that reported for other public schools, charter
579
schools are to maintain all financial records which constitute
580
their accounting system:
581
1. In accordance with the accounts and codes prescribed in
582
the most recent issuance of the publication titled "Financial and
583
Program Cost Accounting and Reporting for Florida Schools"; or
584
2. At the discretion of the charter school governing board,
585
a charter school may elect to follow generally accepted
586
accounting standards for not-for-profit organizations, but must
587
reformat this information for reporting according to this
588
paragraph.
589
590
Charter schools shall provide annual financial report and program
591
cost report information in the state-required formats for
592
inclusion in district reporting in compliance with s. 1011.60(1).
593
Charter schools that are operated by a municipality or are a
594
component unit of a parent nonprofit organization may use the
595
accounting system of the municipality or the parent but must
596
reformat this information for reporting according to this
597
paragraph. A charter school shall provide monthly financial
598
statements to the sponsor.
599
(h)(i) The governing board of the charter school shall
600
annually adopt and maintain an operating budget.
601
(i)(j) The governing body of the charter school shall
602
exercise continuing oversight over charter school operations.
603
(j)(k) The governing body of the charter school shall be
604
responsible for:
605
1. Ensuring that the charter school has retained the
606
services of a certified public accountant or auditor for the
607
annual financial audit, pursuant to s. 1002.345(2) paragraph (g),
608
who shall submit the report to the governing body.
609
2. Reviewing and approving the audit report, including
610
audit findings and recommendations for the financial recovery
611
plan.
612
3.a. Performing the duties provided for in s. 1002.345,
613
including monitoring a corrective action plan.
614
b. Monitoring a financial recovery plan in order to ensure
615
compliance.
616
4. Participating in governance training approved by the
617
department that must include government in the sunshine,
618
conflicts of interest, ethics, and financial responsibility.
619
(k)(l) The governing body of the charter school shall
620
report its progress annually to its sponsor, which shall forward
621
the report to the Commissioner of Education at the same time as
622
other annual school accountability reports. The Department of
623
Education shall develop a uniform, online annual accountability
624
report to be completed by charter schools. This report shall be
625
easy to utilize and contain demographic information, student
626
performance data, and financial accountability information. A
627
charter school shall not be required to provide information and
628
data that is duplicative and already in the possession of the
629
department. The Department of Education shall include in its
630
compilation a notation if a school failed to file its report by
631
the deadline established by the department. The report shall
632
include at least the following components:
633
1. Student achievement performance data, including the
634
information required for the annual school report and the
635
education accountability system governed by ss. 1008.31 and
636
1008.345. Charter schools are subject to the same accountability
637
requirements as other public schools, including reports of
638
student achievement information that links baseline student data
639
to the school's performance projections identified in the
640
charter. The charter school shall identify reasons for any
641
difference between projected and actual student performance.
642
2. Financial status of the charter school which must
643
include revenues and expenditures at a level of detail that
644
allows for analysis of the ability to meet financial obligations
645
and timely repayment of debt.
646
3. Documentation of the facilities in current use and any
647
planned facilities for use by the charter school for instruction
648
of students, administrative functions, or investment purposes.
649
4. Descriptive information about the charter school's
650
personnel, including salary and benefit levels of charter school
651
employees, the proportion of instructional personnel who hold
652
professional or temporary certificates, and the proportion of
653
instructional personnel teaching in-field or out-of-field.
654
(l)(m) A charter school shall not levy taxes or issue bonds
655
secured by tax revenues.
656
(m)(n) A charter school shall provide instruction for at
657
least the number of days required by law for other public
658
schools, and may provide instruction for additional days.
659
(n)(o) The director and a representative of the governing
660
body of a charter school that has received a school grade of "D"
661
under s. 1008.34(2) shall appear before the sponsor or the
662
sponsor's staff at least once a year to present information
663
concerning each contract component having noted deficiencies. The
664
sponsor shall communicate at the meeting, and in writing to the
665
director, the services provided to the school to help the school
666
address its deficiencies.
667
(o)(p) Upon notification that a charter school receives a
668
school grade of "D" for 2 consecutive years or a school grade of
669
"F" under s. 1008.34(2), the charter school sponsor or the
670
sponsor's staff shall require the director and a representative
671
of the governing body to submit to the sponsor for approval a
672
school improvement plan to raise student achievement and to
673
implement the plan. The sponsor has the authority to approve a
674
school improvement plan that the charter school will implement in
675
the following school year. The sponsor may also consider the
676
State Board of Education's recommended action pursuant to s.
677
1008.33(1) as part of the school improvement plan. The Department
678
of Education shall offer technical assistance and training to the
679
charter school and its governing body and establish guidelines
680
for developing, submitting, and approving such plans.
681
1. If the charter school fails to improve its student
682
performance from the year immediately prior to the implementation
683
of the school improvement plan, the sponsor shall place the
684
charter school on probation and shall require the charter school
685
governing body to take one of the following corrective actions:
686
a. Contract for the educational services of the charter
687
school;
688
b. Reorganize the school at the end of the school year
689
under a new director or principal who is authorized to hire new
690
staff and implement a plan that addresses the causes of
691
inadequate progress; or
692
c. Reconstitute the charter school.
693
2. A charter school that is placed on probation shall
694
continue the corrective actions required under subparagraph 1.
695
until the charter school improves its student performance from
696
the year prior to the implementation of the school improvement
697
plan.
698
3. Notwithstanding any provision of this paragraph, the
699
sponsor may terminate the charter at any time pursuant to the
700
provisions of subsection (8).
701
(p)(q) The director and a representative of the governing
702
body of a graded charter school that has submitted a school
703
improvement plan or has been placed on probation under paragraph
704
(o) (p) shall appear before the sponsor or the sponsor's staff at
705
least once a year to present information regarding the corrective
706
strategies that are being implemented by the school pursuant to
707
the school improvement plan. The sponsor shall communicate at the
708
meeting, and in writing to the director, the services provided to
709
the school to help the school address its deficiencies.
710
(17) FUNDING.--Students enrolled in a charter school,
711
regardless of the sponsorship, shall be funded as if they are in
712
a basic program or a special program, the same as students
713
enrolled in other public schools in the school district. Funding
714
for a charter lab school shall be as provided in s. 1002.32. The
715
maximum number of students eligible to be funded in any classroom
716
of any charter school shall be the maximum number prescribed by
717
law.
718
(a) Each charter school shall report its student enrollment
719
to the sponsor as required in s. 1011.62, and in accordance with
720
the definitions in s. 1011.61. The sponsor shall include each
721
charter school's enrollment in the district's report of student
722
enrollment. All charter schools submitting student record
723
information required by the Department of Education shall comply
724
with the Department of Education's guidelines for electronic data
725
formats for such data, and all districts shall accept electronic
726
data that complies with the Department of Education's electronic
727
format.
728
(b) The basis for the agreement for funding students
729
enrolled in a charter school shall be the sum of the school
730
district's operating funds from the Florida Education Finance
731
Program as provided in s. 1011.62 and the General Appropriations
732
Act, including gross state and local funds, discretionary lottery
733
funds, and funds from the school district's current operating
734
discretionary millage levy; divided by total funded weighted
735
full-time equivalent students in the school district; multiplied
736
by the weighted full-time equivalent students for the charter
737
school. Charter schools whose students or programs meet the
738
eligibility criteria in law shall be entitled to their
739
proportionate share of categorical program funds included in the
740
total funds available in the Florida Education Finance Program by
741
the Legislature, including transportation. Total funding for each
742
charter school shall be recalculated during the year to reflect
743
the revised calculations under the Florida Education Finance
744
Program by the state and the actual weighted full-time equivalent
745
students reported by the charter school during the full-time
746
equivalent student survey periods designated by the Commissioner
747
of Education.
748
(c) If the district school board is providing programs or
749
services to students funded by federal funds, any eligible
750
students enrolled in charter schools in the school district shall
751
be provided federal funds for the same level of service provided
752
students in the schools operated by the district school board.
753
Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all charter
754
schools shall receive all federal funding for which the school is
755
otherwise eligible, including Title I funding, not later than 5
756
months after the charter school first opens and within 5 months
757
after any subsequent expansion of enrollment.
758
(d) District school boards shall make timely and efficient
759
payment and reimbursement to charter schools, including
760
processing paperwork required to access special state and federal
761
funding for which they may be eligible. The district school board
762
may distribute funds to a charter school for up to 3 months based
763
on the projected full-time equivalent student membership of the
764
charter school. Thereafter, the results of full-time equivalent
765
student membership surveys shall be used in adjusting the amount
766
of funds distributed monthly to the charter school for the
767
remainder of the fiscal year. The payment shall be issued no
768
later than 10 working days after the district school board
769
receives a distribution of state or federal funds. If a warrant
770
for payment is not issued within 10 working days after receipt of
771
funding by the district school board, the school district shall
772
pay to the charter school, in addition to the amount of the
773
scheduled disbursement, interest at a rate of 1 percent per month
774
calculated on a daily basis on the unpaid balance from the
775
expiration of the 10 working days until such time as the warrant
776
is issued.
777
(21) PUBLIC INFORMATION ON CHARTER SCHOOLS.--
778
(a) The Department of Education shall provide information
779
to the public, directly and through sponsors, both on how to form
780
and operate a charter school and on how to enroll in charter
781
schools once they are created. This information shall include a
782
standard application format, charter format, evaluation
783
instrument, and charter renewal format, which shall include the
784
information specified in subsection (7) and shall be developed by
785
consulting and negotiating with both school districts, the
786
Florida Schools of Excellence Commission, and charter schools
787
before implementation. The charter and charter renewal These
788
formats shall be used as guidelines by charter school sponsors.
789
(b)1. The Department of Education shall report student
790
assessment data pursuant to s. 1008.34(3)(b) which is reported to
791
schools that receive a school grade pursuant to s. 1008.34 or
792
student assessment data pursuant to s. 1008.341(3) which is
793
reported to alternative schools that receive a school improvement
794
rating pursuant to s. 1008.341 to each charter school that:
795
a. Does not receive a school grade pursuant to s. 1008.34
796
or a school improvement rating pursuant to s. 1008.341; and
797
b. Serves at least 10 students who are tested on the
798
statewide assessment test pursuant to s. 1008.22.
799
2. The charter school shall report the information in
800
subparagraph 1. to each parent of a student at the charter
801
school, the parent of a child on a waiting list for the charter
802
school, the district in which the charter school is located, and
803
the governing board of the charter school. This paragraph does
804
not abrogate the provisions of s. 1002.22, relating to student
805
records, and the requirements of 20 U.S.C. s. 1232g, the Family
806
Educational Rights and Privacy Act.
807
3.a. Pursuant to this paragraph, the Department of
808
Education shall compare the charter school student performance
809
data for each charter school in subparagraph 1. with the student
810
performance data in traditional public schools in the district in
811
which the charter school is located and other charter schools in
812
the state. For alternative charter schools, the department shall
813
compare the student performance data described in this paragraph
814
with all alternative schools in the state. The comparative data
815
shall be provided by the following grade groupings:
816
(I) Grades 3 through 5;
817
(II) Grades 6 through 8; and
818
(III) Grades 9 through 11.
819
b. Each charter school shall provide the information in
820
this paragraph on its Internet website and also provide notice to
821
the public in a manner that notifies the community at large, as
822
provided by rules of the State Board of Education. The State
823
Board of Education shall adopt rules to administer the notice
824
requirements of this subparagraph pursuant to ss. 120.536(1) and
825
120.54. The website shall include, through links or actual
826
content, other information related to school performance.
827
(23) ANALYSIS OF CHARTER SCHOOL PERFORMANCE.--Upon receipt
828
of the annual report required by paragraph (9)(k) (9)(l), the
829
Department of Education shall provide to the State Board of
830
Education, the Commissioner of Education, the Governor, the
831
President of the Senate, and the Speaker of the House of
832
Representatives an analysis and comparison of the overall
833
performance of charter school students, to include all students
834
whose scores are counted as part of the statewide assessment
835
program, versus comparable public school students in the district
836
as determined by the statewide assessment program currently
837
administered in the school district, and other assessments
838
administered pursuant to s. 1008.22(3).
839
(24) RESTRICTION ON EMPLOYMENT OF RELATIVES.--
840
(a) This subsection applies to charter school personnel in
841
a charter school operated by a private entity. As used in this
842
subsection, the term:
843
1. "Charter school personnel" means a charter school owner,
844
president, chairperson of the governing board of directors,
845
superintendent, governing board member, principal, assistant
846
principal, or any other person employed by the charter school
847
having equivalent decisionmaking authority and in whom is vested
848
the authority, or to whom the authority has been delegated, to
849
appoint, employ, promote, or advance individuals or to recommend
850
individuals for appointment, employment, promotion, or
851
advancement in connection with employment in a charter school,
852
including the authority as a member of a governing body of a
853
charter school to vote on the appointment, employment, promotion,
854
or advancement of individuals.
855
2. "Relative" means father, mother, son, daughter, brother,
856
sister, uncle, aunt, first cousin, nephew, niece, husband, wife,
857
father-in-law, mother-in-law, son-in-law, daughter-in-law,
858
brother-in-law, sister-in-law, stepfather, stepmother, stepson,
859
stepdaughter, stepbrother, stepsister, half brother, or half
860
sister.
861
(b) Charter school personnel may not appoint, employ,
862
promote, or advance, or advocate for appointment, employment,
863
promotion, or advancement, in or to a position in the charter
864
school in which the personnel are serving or over which the
865
personnel exercises jurisdiction or control any individual who is
866
a relative. An individual may not be appointed, employed,
867
promoted, or advanced in or to a position in a charter school if
868
such appointment, employment, promotion, or advancement has been
869
advocated by charter school personnel who serve in or exercise
870
jurisdiction or control over the charter school and who is a
871
relative of the individual or if such appointment, employment,
872
promotion, or advancement is made by the governing board of which
873
a relative of the individual is a member.
874
(c) Mere approval of budgets does not constitute
875
"jurisdiction or control" for the purposes of this subsection.
876
Charter school personnel in schools operated by a municipality or
877
other public entity are subject to the provisions of s. 112.3135.
878
(25) STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.--
879
(a) A member of a governing board of a charter school,
880
including a charter school operated by a private entity, is
881
subject to the provisions of ss. 112.313(2), (3), (7), and (12)
882
and 112.3143(3).
883
(b) A member of a governing board of a charter school
884
operated by a municipality or other public entity is subject to
885
the provisions of s. 112.3144, relating to the disclosure of
886
financial interests.
887
Section 7. Subsection (5), paragraph (a) of subsection (7),
888
paragraph (a) of subsection (11), and subsection (12) of section
889
1002.335, Florida Statutes, are amended to read:
890
1002.335 Florida Schools of Excellence Commission.--
891
(5) CHARTERING AUTHORITY.--
892
(a) A charter school applicant may submit an application to
893
the commission only if the school district in which the FSE
894
charter school is to be located has not retained exclusive
895
authority to authorize charter schools as provided in paragraph
896
(e). If a district school board has not retained exclusive
897
authority to authorize charter schools as provided in paragraph
898
(e), the district school board and the commission shall have
899
concurrent authority to authorize charter schools and FSE charter
900
schools, respectively, to be located within the geographic
901
boundaries of the school district. The district school board
902
shall monitor and oversee all charter schools authorized by the
903
district school board pursuant to s. 1002.33. The commission
904
shall monitor and oversee all FSE charter schools sponsored by
905
the commission pursuant to subsection (4).
906
(b) Paragraph (e) may not be construed to eliminate the
907
ability of a district school board to authorize charter schools
908
pursuant to s. 1002.33. A district school board shall retain the
909
authority to reauthorize and to oversee any charter school that
910
it has authorized, except with respect to any charter school that
911
is converted to an FSE charter school under this section.
912
(c) For fiscal year 2007-2008 and for each fiscal year
913
thereafter, a district school board may seek to retain exclusive
914
authority to authorize charter schools within the geographic
915
boundaries of the school district by presenting to the State
916
Board of Education, on or before March 1 of the fiscal year prior
917
to that for which the exclusive authority is to apply, a written
918
resolution adopted by the district school board indicating the
919
intent to seek retain exclusive authority to authorize charter
920
schools. A district school board may seek to retain the exclusive
921
authority to authorize charter schools by presenting to the state
922
board the written resolution on or before a date 60 days after
923
establishment of the commission. The written resolution shall be
924
accompanied by a written description addressing the elements
925
described in paragraph (e). The district school board shall
926
provide a complete copy of the resolution, including the
927
description, to each charter school authorized by the district
928
school board on or before the date it submits the resolution to
929
the state board.
930
(d) A party may challenge the grant of exclusive authority
931
made by the State Board of Education pursuant to paragraph (e) by
932
filing with the state board a notice of challenge within 30 days
933
after the state board grants initial exclusive authority. The
934
notice shall be accompanied by a specific written description of
935
the basis for the challenge. The challenging party, at the time
936
of filing notice with the state board, shall provide a copy of
937
the notice of challenge to the district school board that has
938
been granted exclusive authority. The state board shall permit
939
the district school board the opportunity to appear and respond
940
in writing to the challenge. The state board shall make a
941
determination upon the challenge within 60 days after receiving
942
the notice of challenge.
943
(e) The State Board of Education shall grant to a district
944
school board exclusive authority to authorize charter schools
945
within the geographic boundaries of the school district if the
946
state board determines, after adequate notice, in a public
947
hearing, and after receiving input from any charter school
948
authorized by the district school board, that the district school
949
board has provided fair and equitable treatment to its charter
950
schools during the 4 years prior to the district school board's
951
submission of the resolution described in paragraph (c). The
952
state board's review of the resolution shall, at a minimum,
953
include consideration of the following:
954
1. Compliance with the provisions of s. 1002.33.
955
2. Compliance with full and accurate accounting practices
956
and charges for central administrative overhead costs.
957
3. Compliance with requirements allowing a charter school,
958
at its discretion, to purchase certain services or a combination
959
of services at actual cost to the district.
960
4. The absence of a district school board moratorium
961
regarding charter schools or the absence of any districtwide
962
charter school enrollment limits.
963
5. Compliance with valid orders of the state board.
964
6. The provision of assistance to charter schools to meet
965
their facilities needs by including those needs in local bond
966
issues or otherwise providing available land and facilities that
967
are comparable to those provided to other public school students
968
in the same grade levels within the school district.
969
7. The distribution to charter schools authorized by the
970
district school board of a pro rata share of federal and state
971
grants received by the district school board, except for any
972
grant received for a particular purpose which, by its express
973
terms, is intended to benefit a student population not able to be
974
served by, or a program not able to be offered at, a charter
975
school that did not receive a proportionate share of such grant
976
proceeds.
977
8. The provision of adequate staff and other resources to
978
serve charter schools authorized by the district school board,
979
which services are provided by the district school board at a
980
cost to the charter schools that does not exceed their actual
981
cost to the district school board.
982
9. The lack of a policy or practice of imposing individual
983
charter school enrollment limits, except as otherwise provided by
984
law.
985
10. The provision of an adequate number of educational
986
choice programs to serve students exercising their rights to
987
transfer pursuant to the "No Child Left Behind Act of 2001," Pub.
988
L. No. 107-110, and a history of charter school approval that
989
encourages chartering.
990
(f) The decision of the State Board of Education pursuant
991
to paragraph (e) shall not be subject to the provisions of
992
chapter 120 and shall be a final action subject to judicial
993
review by the district court of appeal.
994
(g) For district school boards that have no discernible
995
history of authorizing charter schools, the State Board of
996
Education may not grant exclusive authority unless the district
997
school board demonstrates that no approvable application has come
998
before the district school board.
999
(h)1. A grant of exclusive authority by the State Board of
1000
Education shall continue so long as a district school board
1001
continues to comply with this section and has presented a written
1002
resolution to the state board as set forth in paragraph (c). A
1003
presumption exists that a district school board that has been
1004
granted exclusive authority has continued to provide fair and
1005
equitable treatment of the charter schools in its district.
1006
2. A charter school authorized by a district school board
1007
within the previous 4 years may challenge the presumption that
1008
the district school board continues to provide fair and equitable
1009
treatment of the charter schools in its district by filing a
1010
request for a hearing between January 1 and January 31 of any
1011
year. The request for a hearing shall state with specificity the
1012
basis for the challenge and must include a statement certifying
1013
that a copy of the request was provided to the district school
1014
board. If a legally sufficient challenge is filed, the
1015
Commissioner of Education shall designate a hearing officer and
1016
refer the matter to the hearing officer for the conduct of an
1017
informal proceeding. The hearing officer shall provide findings
1018
of fact and conclusions of law to the Commissioner of Education
1019
in the form of a recommended order to the State Board of
1020
Education. The State Board of Education shall enter a final order
1021
prior to June 30 determining whether the district school board
1022
continues to provide fair and equitable treatment to the charter
1023
schools in its district.
1024
(i) Notwithstanding any other provision of this section to
1025
the contrary, a district school board may permit the
1026
establishment of one or more FSE charter schools within the
1027
geographic boundaries of the school district by adopting a
1028
favorable resolution and submitting the resolution to the State
1029
Board of Education. The resolution shall be effective until it is
1030
rescinded by resolution of the district school board.
1031
(7) COSPONSOR AGREEMENT.--
1032
(a) Upon approval of a cosponsor, the commission and the
1033
cosponsor shall enter into an agreement that defines the
1034
cosponsor's rights and obligations and includes the following:
1035
1. An explanation of the personnel, contractual and
1036
interagency relationships, and potential revenue sources
1037
referenced in the application as required in paragraph (6)(c).
1038
2. Incorporation of the requirements of equal access for
1039
all students, including any plans to provide food service or
1040
transportation reasonably necessary to provide access to as many
1041
students as possible.
1042
3. Incorporation of the requirement to serve low-income,
1043
low-performing, gifted, or underserved student populations.
1044
4. An explanation of the academic and financial goals and
1045
expected outcomes for the cosponsor's charter schools and the
1046
method and plans by which they will be measured and achieved as
1047
referenced in the application.
1048
5. The conflict-of-interest policies referenced in the
1049
application.
1050
6. An explanation of the disposition of facilities and
1051
assets upon termination and dissolution of a charter school
1052
approved by the cosponsor.
1053
7.a. A provision requiring the cosponsor to annually appear
1054
before the commission and provide a report as to the information
1056
of its charter schools.
1057
b. A provision requiring the cosponsor to perform the
1058
duties provided for in s. 1002.345.
1059
c. A provision requiring the governing board to perform the
1060
duties provided for in s. 1002.345, including monitoring the
1061
corrective action plan.
1062
8. A provision requiring that the cosponsor report the
1063
student enrollment in each of its sponsored charter schools to
1064
the district school board of the county in which the school is
1065
located.
1066
9. A provision requiring that the cosponsor work with the
1067
commission to provide the necessary reports to the State Board of
1068
Education.
1069
10. Any other reasonable terms deemed appropriate by the
1070
commission given the unique characteristics of the cosponsor.
1071
(11) APPLICATION OF CHARTER SCHOOL STATUTE.--
1072
(a) The provisions of s. 1002.33(7)-(12), (14), and (16)-
1073
(19), (21)(b), (24), and (25) shall apply to the commission and
1074
the cosponsors and charter schools approved pursuant to this
1075
section.
1076
(12) ACCESS TO INFORMATION.--The commission shall provide
1077
maximum access to information to all parents in the state. It
1078
shall maintain information systems, including, but not limited
1079
to, a user-friendly Internet website, that will provide
1080
information and data necessary for parents to make informed
1081
decisions, including a link to the information provided in s.
1082
1002.33(21)(b)3.b. At a minimum, the commission must provide
1083
parents with information on its accountability standards, links
1084
to schools of excellence throughout the state, and public
1085
education programs available in the state.
1086
Section 8. Subsections (4) and (5), paragraphs (d) and (f)
1087
of subsection (6), paragraph (c) of subsection (10), and
1088
subsection (13) of section 1002.34, Florida Statutes, are amended
1089
to read:
1090
1002.34 Charter technical career centers.--
1091
(4) CHARTER.--A sponsor may designate centers as provided
1092
in this section. An application to establish a center may be
1093
submitted by a sponsor or another organization that is
1094
determined, by rule of the State Board of Education, to be
1095
appropriate. However, an independent school is not eligible for
1096
status as a center. The charter must be signed by the governing
1097
body of the center and the sponsor, and must be approved by the
1098
district school board and community college board of trustees in
1099
whose geographic region the facility is located. If a charter
1100
technical career center is established by the conversion to
1101
charter status of a public technical center formerly governed by
1102
a district school board, the charter status of that center takes
1103
precedence in any question of governance. The governance of the
1104
center or of any program within the center remains with its board
1105
of directors unless the board agrees to a change in governance or
1106
its charter is revoked as provided in subsection (15). Such a
1107
conversion charter technical career center is not affected by a
1108
change in the governance of public technical centers or of
1109
programs within other centers that are or have been governed by
1110
district school boards. A charter technical career center, or any
1111
program within such a center, that was governed by a district
1112
school board and transferred to a community college prior to the
1113
effective date of this act is not affected by this provision. An
1114
applicant who wishes to establish a center must submit to the
1115
district school board or community college board of trustees, or
1116
a consortium of one or more of each, an application on a form
1117
developed by the Department of Education which that includes:
1118
(a) The name of the proposed center.
1119
(b) The proposed structure of the center, including a list
1120
of proposed members of the board of directors or a description of
1121
the qualifications for and method of their appointment or
1122
election.
1123
(c) The workforce development goals of the center, the
1124
curriculum to be offered, and the outcomes and the methods of
1125
assessing the extent to which the outcomes are met.
1126
(d) The admissions policy and criteria for evaluating the
1127
admission of students.
1128
(e) A description of the staff responsibilities and the
1129
proposed qualifications of the teaching staff.
1130
(f) A description of the procedures to be implemented to
1131
ensure significant involvement of representatives of business and
1132
industry in the operation of the center.
1133
(g) A method for determining whether a student has
1134
satisfied the requirements for graduation specified in s. 1003.43
1135
and for completion of a postsecondary certificate or degree.
1136
(h) A method for granting secondary and postsecondary
1137
diplomas, certificates, and degrees.
1138
(i) A description of and address for the physical facility
1139
in which the center will be located.
1140
(j) A method of resolving conflicts between the governing
1141
body of the center and the sponsor and between consortium
1142
members, if applicable.
1143
(k) A method for reporting student data as required by law
1144
and rule.
1145
(l) A statement that the applicant has participated in the
1146
training provided by the Department of Education.
1147
(m) The identity of all relatives employed by the charter
1148
technical career center who are related to the center owner,
1149
president, chairperson of the governing board of directors,
1150
superintendent, governing board member, principal, assistant
1151
principal, or any other person employed by the center who has
1152
equivalent decisionmaking authority. As used in this paragraph,
1153
the term "relative" means father, mother, son, daughter, brother,
1154
sister, uncle, aunt, first cousin, nephew, niece, husband, wife,
1155
father-in-law, mother-in-law, son-in-law, daughter-in-law,
1156
brother-in-law, sister-in-law, stepfather, stepmother, stepson,
1157
stepdaughter, stepbrother, stepsister, half brother, or half
1158
sister.
1159
(m)(l) Other information required by the district school
1160
board or community college board of trustees.
1161
1162
Students at a center must meet the same testing and academic
1163
performance standards as those established by law and rule for
1164
students at public schools and public technical centers. The
1165
students must also meet any additional assessment indicators that
1166
are included within the charter approved by the district school
1167
board or community college board of trustees.
1168
(5) APPLICATION.--An application to establish a center must
1169
be submitted by February 1 of the year preceding the school year
1170
in which the center will begin operation. The sponsor must review
1171
the application using an evaluation instrument developed by the
1172
Department of Education and make a final decision on whether to
1173
approve the application and grant the charter by March 1, and may
1174
condition the granting of a charter on the center's taking
1175
certain actions or maintaining certain conditions. Such actions
1176
and conditions must be provided to the applicant in writing. The
1177
district school board or community college board of trustees is
1178
not required to issue a charter to any person.
1179
(6) SPONSOR.--A district school board or community college
1180
board of trustees or a consortium of one or more of each may
1181
sponsor a center in the county in which the board has
1182
jurisdiction.
1183
(d)1. The Department of Education shall offer or arrange
1184
for training and technical assistance to applicants in developing
1185
business plans and estimating costs and income. This assistance
1186
shall address estimating startup costs, projecting enrollment,
1187
and identifying the types and amounts of state and federal
1188
financial assistance the center will be eligible to receive. The
1189
training shall include instruction in accurate financial planning
1190
and good business practices.
1191
2. An applicant must participate in the training provided
1192
by the Department of Education prior to filing an application.
1193
The Department of Education may provide technical assistance to
1194
an applicant upon written request.
1195
(f) The sponsor shall monitor and review the center's
1196
progress toward charter goals and shall monitor the center's
1197
revenues and expenditures. The sponsor shall perform the duties
1198
provided for in s. 1002.345.
1199
(10) EXEMPTION FROM STATUTES.--
1200
(c) A center must comply with the antidiscrimination
1202
relating to the employment of relatives.
1203
(13) BOARD OF DIRECTORS AUTHORITY.--The board of directors
1204
of a center may decide matters relating to the operation of the
1205
school, including budgeting, curriculum, and operating
1206
procedures, subject to the center's charter. The board of
1207
directors is responsible for performing the duties provided for
1208
in s. 1002.345, including monitoring the corrective action plan.
1209
The board of directors must comply with the provisions of s.
1210
1002.33(25).
1211
Section 9. Section 1002.345, Florida Statutes, is created
1212
to read:
1213
1002.345 Determination of financial weaknesses and
1214
financial emergencies for charter schools and charter technical
1215
career centers.--This section applies to charter schools
1217
technical career centers operating pursuant to s. 1002.34.
1218
(1) FINANCIAL WEAKNESS; REQUIREMENTS.--
1219
(a) A charter school and a charter technical career center
1220
shall be subject to an expedited review by the sponsor when any
1221
one of the following conditions occurs:
1222
1. An end-of-year financial deficit.
1223
2. A substantial decline in student enrollment without a
1224
commensurate reduction in expenses.
1225
3. Insufficient revenues to pay current operating expenses.
1226
4. Insufficient revenues to pay long-term expenses.
1227
5. Disproportionate administrative expenses.
1228
6. Excessive debt.
1229
7. Excessive expenditures.
1230
8. Inadequate fund balances or reserves.
1231
9. Failure to meet financial reporting requirements
1233
1002.34(14).
1234
10. Weak financial controls or other adverse financial
1235
conditions identified through an annual audit conducted pursuant
1236
to s. 218.39.
1237
11. Negative financial findings cited in reports by the
1238
Auditor General or the Office of Program Policy Analysis and
1239
Government Accountability.
1240
(b) A sponsor shall notify the governing board within 7
1241
working days when one or more of the conditions specified in
1242
paragraph (a) occur.
1243
(c) The governing board and the sponsor shall develop a
1244
corrective action plan and file the plan with the Commissioner of
1245
Education within 30 working days. If the governing board and the
1246
sponsor are unable to agree on a corrective action plan, the
1247
Commissioner of Education shall determine the components of the
1248
plan. The governing board shall implement the plan.
1249
(d) The governing board shall include the corrective action
1250
plan and the status of its implementation in the annual progress
1251
report to the sponsor that is required under s. 1002.33(9)(k), s.
1253
(e) If the governing board fails to implement the
1254
corrective action plan within 1 year, the State Board of
1255
Education shall prescribe any steps necessary for the charter
1256
school or the charter technical career center to comply with
1257
state requirements.
1258
(f) The chair of the governing board shall annually appear
1259
before the State Board of Education and report on the
1260
implementation of the State Board of Education's requirements.
1261
(2) FINANCIAL EMERGENCY; DEFICIT FUND BALANCE; DEFICIT NET
1262
ASSETS; REQUIREMENTS.--
1263
(a) A charter school and a charter technical career center
1264
shall provide for a certified public accountant or auditor to
1265
conduct an annual financial audit in accordance with s. 218.39.
1266
(b) The charter shall ensure that, if an annual financial
1267
audit of a charter school or charter technical career center
1268
reveals one or more of the conditions in s. 218.503(1) have
1269
occurred or will occur if action is not taken or if a charter
1270
school or charter technical career center has a deficit fund
1271
balance or deficit net assets, the auditor must notify the
1272
governing board of the charter school or charter technical career
1273
center, as appropriate, the sponsor, and the Commissioner of
1274
Education.
1275
(c)1. When a financial audit conducted by a certified
1276
public accountant in accordance with s. 218.39 reveals that one
1277
or more of the conditions in s. 218.503(1) have occurred or will
1278
occur if action is not taken or when a deficit fund balance or
1279
deficit net assets exist, the auditor shall notify and provide
1280
the financial audit to the governing board of the charter school
1281
or charter technical career center, as appropriate, the sponsor,
1282
and the Commissioner of Education within 7 working days after the
1283
finding is made.
1284
2. When the charter school or charter technical career
1285
center is found to be in a state of financial emergency pursuant
1286
to s. 218.503(4), the charter school or charter technical career
1287
center shall file a detailed financial recovery plan as provided
1288
for in s. 218.503 with the sponsor within 30 days after being
1289
notified by the Commissioner of Education that a financial
1290
recovery plan is needed.
1291
(d) The sponsor shall file a copy of the financial recovery
1292
plan with the Commissioner of Education.
1293
(e) The governing board shall include the financial
1294
recovery plan and the status of its implementation in the annual
1295
progress report to the sponsor which is required under s.
1297
(3) REPORT.--The Commissioner of Education shall annually
1298
report to the State Board of Education each charter school and
1299
charter technical career center that is subject to a financial
1300
recovery plan or a corrective action plan under this section.
1301
(4) RULES.--The State Board of Education shall adopt rules
1303
recovery and corrective action plans and establishing the
1304
criteria for defining each of the conditions in subsection (1).
1305
(5) TECHNICAL ASSISTANCE.--The Department of Education
1306
shall provide technical assistance to charter schools, charter
1307
technical career centers, governing boards, and sponsors in
1308
developing financial recovery and corrective action plans.
1309
(6) FAILURE TO CORRECT DEFICIENCIES.--The sponsor may
1310
choose not to renew or may terminate a charter if the charter
1311
school or charter technical career center fails to correct the
1312
deficiencies noted in the corrective action plan within 1 year or
1313
exhibits one or more financial emergency conditions as provided
1314
in s. 218.503 for 2 consecutive years. This subsection is not
1315
intended to affect a sponsor's authority to terminate or not
1316
renew a charter pursuant to s. 1002.33(8).
1317
Section 10. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.