1

A bill to be entitled

2

An act relating to public schools; amending s. 1002.33,

3

F.S.; removing a requirement that an applicant indicate

4

that approval of the charter is necessary in order to

5

raise working funds before a charter may be approved

6

without securing space, equipment, or personnel; revising

7

requirements concerning the charter school applications

8

that must be received and considered by a sponsor;

9

revising the time period within which the sponsor of a

10

charter school may submit a response to the State Board of

11

Education after notice of the appeal of an applicant for a

12

charter school; authorizing an operating charter school to

13

apply to the State Board of Education for designation as a

14

Florida Quality Charter School Operator; providing

15

criteria concerning the granting of such a designation;

16

exempting a charter school holding such a designation from

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certain requirements concerning approval of an application

18

to expand the school; providing that a charter school

19

holding such a designation retains any eligibility for

20

certain federal grant programs concerning startup charter

21

schools; requiring that the approval of a charter be based

22

upon an action plan to purchase or lease a facility and

23

that the charter address such an action plan; authorizing

24

compensation or reimbursement of the members of the

25

governing body of a charter school for attending certain

26

meetings or training events; reducing the administrative

27

fee a charter school must pay for services provided by

28

district school boards, cosponsors, or the Florida Schools

29

of Excellence Commission if certain warrants are not

30

timely issued; requiring the commission to establish an

31

appeal process concerning such reduction in fee payments;

32

exempting charter schools from requirements concerning

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zoning classifications except for environmental zoning

34

classifications; clarifying provisions concerning

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compliance with building and firesafety laws for

36

facilities used by charter schools; requiring that the

37

Department of Education and the Florida Schools of

38

Excellence Commission employ experts to assist charter

39

schools in securing necessary approvals concerning

40

building, fire, life, health, and safety issues; amending

41

s. 1002.335, F.S.; requiring that a person possessing

42

abilities and responsibilities concerning building

43

requirements applicable to charter schools be retained on

44

the staff of the Florida Schools of Excellence Commission;

45

revising the duties of the commission; requiring that the

46

commission use federal funding for startup grants for

47

approved charter schools; requiring the commission to act

48

as a liaison with local government officials concerning

49

certain local building requirements; requiring the

50

commission to consider adopting supportive policies for

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persons operating a high-performing charter school;

52

amending s. 1006.06, F.S.; requiring district school

53

boards to implement school breakfast programs in certain

54

new charter schools; requiring rulemaking by the

55

Department of Education and the Florida Schools of

56

Excellence Commission concerning qualification of students

57

for free or reduced-price school breakfast or lunch

58

programs; providing an appropriation; providing an

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effective date.

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61

Be It Enacted by the Legislature of the State of Florida:

62

63

     Section 1.  Paragraph (b) of subsection (5), paragraphs (b)

64

and (c) of subsection (6), paragraph (a) of subsection (7),

65

paragraph (j) of subsection (9), paragraph (d) of subsection

66

(17), and paragraphs (a) and (b) of subsection (18) of section

67

1002.33, Florida Statutes, are amended, paragraph (j) is added to

68

subsection (6) of that section, and paragraph (e) is added to

69

subsection (17) of that section, to read:

70

     1002.33  Charter schools.--

71

     (5)  SPONSOR; DUTIES.--

72

     (b)  Sponsor duties.--

73

     1.a.  The sponsor shall monitor and review the charter

74

school in its progress toward the goals established in the

75

charter.

76

     b.  The sponsor shall monitor the revenues and expenditures

77

of the charter school.

78

     c.  The sponsor may approve a charter for a charter school

79

before the applicant has secured space, equipment, or personnel,

80

if the applicant indicates approval is necessary for it to raise

81

working funds.

82

     d.  The sponsor's policies shall not apply to a charter

83

school unless mutually agreed to by both the sponsor and the

84

charter school.

85

     e.  The sponsor shall ensure that the charter is innovative

86

and consistent with the state education goals established by s.

87

1000.03(5).

88

     f.  The sponsor shall ensure that the charter school

89

participates in the state's education accountability system. If a

90

charter school falls short of performance measures included in

91

the approved charter, the sponsor shall report such shortcomings

92

to the Department of Education.

93

     g.  The sponsor shall not be liable for civil damages under

94

state law for personal injury, property damage, or death

95

resulting from an act or omission of an officer, employee, agent,

96

or governing body of the charter school.

97

     h.  The sponsor shall not be liable for civil damages under

98

state law for any employment actions taken by an officer,

99

employee, agent, or governing body of the charter school.

100

     i.  The sponsor's duties to monitor the charter school shall

101

not constitute the basis for a private cause of action.

102

     j.  The sponsor shall not impose additional reporting

103

requirements on a charter school without providing reasonable and

104

specific justification in writing to the charter school.

105

     2.  Immunity for the sponsor of a charter school under

106

subparagraph 1. applies only with respect to acts or omissions

107

not under the sponsor's direct authority as described in this

108

section.

109

     3.  Nothing contained in this paragraph shall be considered

110

a waiver of sovereign immunity by a district school board.

111

     4.  A community college may work with the school district or

112

school districts in its designated service area to develop

113

charter schools that offer secondary education. These charter

114

schools must include an option for students to receive an

115

associate degree upon high school graduation. District school

116

boards shall cooperate with and assist the community college on

117

the charter application. Community college applications for

118

charter schools are not subject to the time deadlines outlined in

119

subsection (6) and may be approved by the district school board

120

at any time during the year. Community colleges shall not report

121

FTE for any students who receive FTE funding through the Florida

122

Education Finance Program.

123

     (6)  APPLICATION PROCESS AND REVIEW.--Charter school

124

applications are subject to the following requirements:

125

     (b)  A sponsor shall receive and review all applications for

126

a charter school. Beginning with the 2007-2008 school year, a

127

sponsor shall receive and consider charter school applications

128

received on or before August 1 of each calendar year for charter

129

schools to be opened at the beginning of the school district's

130

next 2 school years year, or to be opened at a time agreed to by

131

the applicant and the sponsor. A sponsor may receive applications

132

later than this date if it chooses. A sponsor may not charge an

133

applicant for a charter any fee for the processing or

134

consideration of an application, and a sponsor may not base its

135

consideration or approval of an application upon the promise of

136

future payment of any kind.

137

     1.  In order to facilitate an accurate budget projection

138

process, a sponsor shall be held harmless for FTE students who

139

are not included in the FTE projection due to approval of charter

140

school applications after the FTE projection deadline. In a

141

further effort to facilitate an accurate budget projection,

142

within 15 calendar days after receipt of a charter school

143

application, a sponsor shall report to the Department of

144

Education the name of the applicant entity, the proposed charter

145

school location, and its projected FTE.

146

     2.  In order to ensure fiscal responsibility, an application

147

for a charter school shall include a full accounting of expected

148

assets, a projection of expected sources and amounts of income,

149

including income derived from projected student enrollments and

150

from community support, and an expense projection that includes

151

full accounting of the costs of operation, including start-up

152

costs.

153

     3.  A sponsor shall by a majority vote approve or deny an

154

application no later than 60 calendar days after the application

155

is received, unless the sponsor and the applicant mutually agree

156

in writing to temporarily postpone the vote to a specific date,

157

at which time the sponsor shall by a majority vote approve or

158

deny the application. If the sponsor fails to act on the

159

application, an applicant may appeal to the State Board of

160

Education as provided in paragraph (c). If an application is

161

denied, the sponsor shall, within 10 calendar days, articulate in

162

writing the specific reasons, based upon good cause, supporting

163

its denial of the charter application and shall provide the

164

letter of denial and supporting documentation to the applicant

165

and to the Department of Education supporting those reasons.

166

     4.  For budget projection purposes, the sponsor shall report

167

to the Department of Education the approval or denial of a

168

charter application within 10 calendar days after such approval

169

or denial. In the event of approval, the report to the Department

170

of Education shall include the final projected FTE for the

171

approved charter school.

172

     5.  Upon approval of a charter application, the initial

173

startup shall commence with the beginning of the public school

174

calendar for the district in which the charter is granted unless

175

the sponsor allows a waiver of this provision for good cause.

176

     (c)  An applicant may appeal any denial of that applicant's

177

application or failure to act on an application to the State

178

Board of Education no later than 30 calendar days after receipt

179

of the sponsor's decision or failure to act and shall notify the

180

sponsor of its appeal. Any response of the sponsor shall be

181

submitted to the State Board of Education within 10 30 calendar

182

days after notification of the appeal. Upon receipt of

183

notification from the State Board of Education that a charter

184

school applicant is filing an appeal, the Commissioner of

185

Education shall convene a meeting of the Charter School Appeal

186

Commission to study and make recommendations to the State Board

187

of Education regarding its pending decision about the appeal. The

188

commission shall forward its recommendation to the state board no

189

later than 7 calendar days prior to the date on which the appeal

190

is to be heard. The State Board of Education shall by majority

191

vote accept or reject the decision of the sponsor no later than

192

90 calendar days after an appeal is filed in accordance with

193

State Board of Education rule. The Charter School Appeal

194

Commission may reject an appeal submission for failure to comply

195

with procedural rules governing the appeals process. The

196

rejection shall describe the submission errors. The appellant may

197

have up to 15 calendar days from notice of rejection to resubmit

198

an appeal that meets requirements of State Board of Education

199

rule. An application for appeal submitted subsequent to such

200

rejection shall be considered timely if the original appeal was

201

filed within 30 calendar days after receipt of notice of the

202

specific reasons for the sponsor's denial of the charter

203

application. The State Board of Education shall remand the

204

application to the sponsor with its written decision that the

205

sponsor approve or deny the application. The sponsor shall

206

implement the decision of the State Board of Education. The

207

decision of the State Board of Education is not subject to the

208

provisions of the Administrative Procedure Act, chapter 120.

209

     (j) An operating charter school may apply for designation

210

as a Florida Quality Charter School Operator on forms provided by

211

the State Board of Education. The State Board of Education shall

212

grant such designation if the applicant charter school

213

demonstrates a record of success with the programs used in the

214

charter school and demonstrates that the school was operated in a

215

financially stable manner during the 3-year period immediately

216

preceding the date it applied for the designation. A charter

217

school that holds such a designation:

218

     1. Does not require an approval under this subsection to

219

expand its campus in the school district where it is operating.

220

     2. Retains any eligibility it holds to secure funds for the

221

expansion under federal grant programs for startup charter

222

schools.

223

     (7)  CHARTER.--The major issues involving the operation of a

224

charter school shall be considered in advance and written into

225

the charter. The charter shall be signed by the governing body of

226

the charter school and the sponsor, following a public hearing to

227

ensure community input.

228

     (a)  The charter shall address, and criteria for approval of

229

the charter shall be based on:

230

     1.  The school's mission, the students to be served, and the

231

ages and grades to be included.

232

     2.  The focus of the curriculum, the instructional methods

233

to be used, any distinctive instructional techniques to be

234

employed, and identification and acquisition of appropriate

235

technologies needed to improve educational and administrative

236

performance which include a means for promoting safe, ethical,

237

and appropriate uses of technology in compliance which comply

238

with legal and professional standards. The charter shall ensure

239

that reading is a primary focus of the curriculum and that

240

resources are provided to identify and provide specialized

241

instruction for students who are reading below grade level. The

242

curriculum and instructional strategies for reading must be

243

consistent with the Sunshine State Standards and grounded in

244

scientifically based reading research.

245

     3.  The current incoming baseline standard of student

246

academic achievement, the outcomes to be achieved, and the method

247

of measurement that will be used. The criteria listed in this

248

subparagraph shall include a detailed description for each of the

249

following:

250

     a.  How the baseline student academic achievement levels and

251

prior rates of academic progress will be established.

252

     b.  How these baseline rates will be compared to rates of

253

academic progress achieved by these same students while attending

254

the charter school.

255

     c.  To the extent possible, how these rates of progress will

256

be evaluated and compared with rates of progress of other closely

257

comparable student populations.

258

259

The district school board shall is required to provide academic

260

student performance data to charter schools for each of their

261

students coming from the district school system, as well as rates

262

of academic progress of comparable student populations in the

263

district school system.

264

     4.  The methods used to identify the educational strengths

265

and needs of students and how well educational goals and

266

performance standards are met by students attending the charter

267

school. Included in the methods is a means for the charter school

268

to ensure accountability to its constituents by analyzing student

269

performance data and by evaluating the effectiveness and

270

efficiency of its major educational programs. Students in charter

271

schools shall, at a minimum, participate in the statewide

272

assessment program created under s. 1008.22.

273

     5.  In secondary charter schools, a method for determining

274

that a student has satisfied the requirements for graduation in

275

s. 1003.43.

276

     6.  A method for resolving conflicts between the governing

277

body of the charter school and the sponsor.

278

     7.  The admissions procedures and dismissal procedures,

279

including the school's code of student conduct.

280

     8.  The ways by which the school will achieve a

281

racial/ethnic balance reflective of the community it serves or

282

within the racial/ethnic range of other public schools in the

283

same school district.

284

     9.  The financial and administrative management of the

285

school, including a reasonable demonstration of the professional

286

experience or competence of those individuals or organizations

287

applying to operate the charter school or those hired or retained

288

to perform such professional services and the description of

289

clearly delineated responsibilities and the policies and

290

practices needed to effectively manage the charter school. A

291

description of internal audit procedures and establishment of

292

controls to ensure that financial resources are properly managed

293

must be included. Both public sector and private sector

294

professional experience shall be equally valid in such a

295

consideration.

296

     10.  The asset and liability projections required in the

297

application which are incorporated into the charter and which

298

shall be compared with information provided in the annual report

299

of the charter school. The charter shall ensure that, if a

300

charter school internal audit or annual financial audit reveals a

301

state of financial emergency as defined in s. 218.503 or deficit

302

financial position, the auditors are required to notify the

303

charter school governing board, the sponsor, and the Department

304

of Education. The internal auditor shall report such findings in

305

the form of an exit interview to the principal or the principal

306

administrator of the charter school and the chair of the

307

governing board within 7 working days after finding the state of

308

financial emergency or deficit position. A final report shall be

309

provided to the entire governing board, the sponsor, and the

310

Department of Education within 14 working days after the exit

311

interview. When a charter school is in a state of financial

312

emergency, the charter school shall file a detailed financial

313

recovery plan with the sponsor. The department, with the

314

involvement of both sponsors and charter schools, shall establish

315

guidelines for developing such plans.

316

     11.  A description of procedures that identify various risks

317

and provide for a comprehensive approach to reduce the impact of

318

losses; plans to ensure the safety and security of students and

319

staff; plans to identify, minimize, and protect others from

320

violent or disruptive student behavior; and the manner in which

321

the school will be insured, including whether or not the school

322

will be required to have liability insurance, and, if so, the

323

terms and conditions thereof and the amounts of coverage.

324

     12.  The term of the charter which shall provide for

325

cancellation of the charter if insufficient progress has been

326

made in attaining the student achievement objectives of the

327

charter and if it is not likely that such objectives can be

328

achieved before expiration of the charter. The initial term of a

329

charter shall be for 4 or 5 years. In order to facilitate access

330

to long-term financial resources for charter school construction,

331

charter schools that are operated by a municipality or other

332

public entity as provided by law are eligible for up to a 15-year

333

charter, subject to approval by the district school board. A

334

charter lab school is eligible for a charter for a term of up to

335

15 years. In addition, to facilitate access to long-term

336

financial resources for charter school construction, charter

337

schools that are operated by a private, not-for-profit, s.

338

501(c)(3) status corporation are eligible for up to a 15-year

339

charter, subject to approval by the district school board. Such

340

long-term charters remain subject to annual review and may be

341

terminated during the term of the charter, but only according to

342

the provisions set forth in subsection (8).

343

     13. The action plan to purchase or lease a facility. The

344

facilities to be used and their location.

345

     14.  The qualifications to be required of the teachers and

346

the potential strategies used to recruit, hire, train, and retain

347

qualified staff to achieve best value.

348

     15.  The governance structure of the school, including the

349

status of the charter school as a public or private employer as

350

required in paragraph (12)(i).

351

     16.  A timetable for implementing the charter which

352

addresses the implementation of each element thereof and the date

353

by which the charter must shall be awarded in order to meet this

354

timetable.

355

     17.  In the case of an existing public school being

356

converted to charter status, alternative arrangements for current

357

students who choose not to attend the charter school and for

358

current teachers who choose not to teach in the charter school

359

after conversion in accordance with the existing collective

360

bargaining agreement or district school board rule in the absence

361

of a collective bargaining agreement. However, alternative

362

arrangements are shall not be required for current teachers who

363

choose not to teach in a charter lab school, except as authorized

364

by the employment policies of the state university that which

365

grants the charter to the lab school.

366

     (9)  CHARTER SCHOOL REQUIREMENTS.--

367

     (j)  The governing body of the charter school shall exercise

368

continuing oversight over charter school operations. Members of

369

the governing body may receive compensation for attending

370

meetings of such governing board and reimbursement of the costs

371

for attending other meetings or training events that are not

372

conducted at a scheduled meeting of the governing body.

373

     (17)  FUNDING.--Students enrolled in a charter school,

374

regardless of the sponsorship, shall be funded as if they are in

375

a basic program or a special program, the same as students

376

enrolled in other public schools in the school district. Funding

377

for a charter lab school shall be as provided in s. 1002.32.

378

     (d)  District school boards shall make timely and efficient

379

payment and reimbursement to charter schools, including

380

processing paperwork required to access special state and federal

381

funding for which charter schools they may be eligible. The

382

district school board may distribute funds to a charter school

383

for up to 3 months based on the projected full-time equivalent

384

student membership of the charter school. Thereafter, the results

385

of full-time equivalent student membership surveys shall be used

386

in adjusting the amount of funds distributed monthly to the

387

charter school for the remainder of the fiscal year. The payment

388

shall be issued no later than 10 working days after the district

389

school board receives a distribution of state or federal funds.

390

If a warrant for payment is not issued within 10 working days

391

after receipt of funding by the district school board, the school

392

district shall pay to the charter school, in addition to the

393

amount of the scheduled disbursement, interest at a rate of 1

394

percent per month calculated on a daily basis on the unpaid

395

balance from the expiration of the 10 working days until such

396

time as the warrant is issued. In addition, the amount of

397

administrative fees that a charter school is required to pay for

398

services in the pending fiscal year under paragraph (20)(a) or s.

399

1002.335(11)(b) is reduced by 1 percent each time such a warrant

400

is not issued within the 10-day period. The Florida Schools of

401

Excellence Commission shall establish an appeal process for

402

reviewing the propriety of such reductions in payment.

403

     (e) A charter school that receives approval of its charter

404

by a school district or the Florida Schools of Excellence

405

Commission is also approved by this state for the receipt of any

406

federal startup grant that is available for new or expanding

407

charter schools.

408

     (18)  FACILITIES.--

409

     (a) A charter school may be located or operated in any area

410

of this state regardless of the area's zoning classification,

411

except that a charter school may not be located or operated in an

412

area having an environmental zoning classification. A startup

413

charter school shall use utilize facilities that which comply

414

with:

415

     1. The Florida Building Code adopted under pursuant to

416

chapter 553, except that, unless required under paragraph (f):

417

     a. A startup charter school's facilities need not comply

418

with the portion of the Florida Building Code adopted under s.

419

1013.37 concerning for the State Requirements for Educational

420

Facilities; and.

421

     b. A conversion charter school schools shall use utilize

422

facilities that comply with the State Requirements for

423

Educational Facilities if provided that the school district and

424

the charter school have entered into a mutual management plan for

425

the reasonable maintenance of such facilities which contains. The

426

mutual management plan shall contain a provision by which the

427

district school board agrees to maintain charter school

428

facilities in the same manner as its other public schools within

429

the district. Charter schools, with the exception of conversion

430

charter schools, are not required to comply, but may choose to

431

comply, with the State Requirements for Educational Facilities of

432

the Florida Building Code adopted pursuant to s. 1013.37.

433

434

A charter school may choose to use facilities that comply with

435

some or all of the State Requirements for Educational Facilities

436

regardless of whether this paragraph requires such use.

437

     2. The Florida Fire Prevention Code as adopted by the State

438

Fire Marshall or a local governing body under s. 633.025.

439

     (b) The local governing authority may shall not adopt or

440

impose local building requirements or restrictions governing

441

construction of facilities used by charter schools which that are

442

more stringent than those otherwise applicable under found in the

443

Florida Building Code or this subsection. The agency having

444

jurisdiction for inspection of a facility to be used for a

445

charter school and issuance of a certificate of occupancy for

446

such a facility is shall be the local municipality or, if in an

447

unincorporated area, the county governing authority. The

448

Department of Education or the Florida Schools of Excellence

449

Commission shall employ experts to assist charter schools in

450

securing necessary approvals in the areas of building and fire

451

requirements and in addressing life, health, and safety issues.

452

     (b) A charter school shall utilize facilities that comply

453

with the Florida Fire Prevention Code, pursuant to s. 633.025, as

454

adopted by the authority in whose jurisdiction the facility is

455

located as provided in paragraph (a).

456

     Section 2.  Paragraph (d) of subsection (3) and paragraph

457

(b) of subsection (4) of section 1002.335, Florida Statutes, are

458

amended to read:

459

     1002.335  Florida Schools of Excellence Commission.--

460

     (3)  FLORIDA SCHOOLS OF EXCELLENCE COMMISSION.--

461

     (d)  The commission shall appoint an executive director who

462

shall employ such staff as is necessary to perform the

463

administrative duties and responsibilities of the commission. The

464

executive director shall retain on staff a person who is

465

knowledgeable about the building requirements applicable to

466

facilities used by charter schools and who shall work with

467

appropriate officials to facilitate a local government's issuance

468

of a certificate of occupancy for such facilities.

469

     (4)  POWERS AND DUTIES.--

470

     (b)  The commission shall have the following duties:

471

     1.  Review charter school applications and assist in the

472

establishment of Florida Schools of Excellence (FSE) charter

473

schools throughout the state. An FSE charter school shall exist

474

as a public school within the state as a component of the

475

delivery of public education within Florida's K-20 education

476

system.

477

     2.  Develop, promote, and disseminate best practices for

478

charter schools and charter school sponsors in order to ensure

479

that high-quality charter schools are developed and incentivized.

480

At a minimum, the best practices shall encourage the development

481

and replication of academically and financially proven charter

482

school programs.

483

     3.  Develop, promote, and require high standards of

484

accountability for any school that applies for and is granted a

485

charter under this section.

486

     4.  Monitor and annually review the performance of

487

cosponsors approved under pursuant to this section and hold the

488

cosponsors accountable for their performance pursuant to the

489

provisions of paragraph (6)(c). The commission shall annually

490

review and evaluate the performance of each cosponsor based upon

491

the financial and administrative support provided to the

492

cosponsor's charter schools and the quality of charter schools

493

approved by the cosponsor, including the academic performance of

494

the students who attend those schools.

495

     5.  Monitor and annually review and evaluate the academic

496

and financial performance of the charter schools it sponsors and

497

hold the schools accountable for their performance pursuant to

498

the provisions of chapter 1008.

499

     6.  Report the student enrollment in each of its sponsored

500

charter schools to the district school board of the county in

501

which the school is located.

502

     7.  Work with its cosponsors to monitor the financial

503

management of each FSE charter school.

504

     8.  Direct charter schools and persons seeking to establish

505

charter schools to sources of private funding and support.

506

     9.  Actively seek, with the assistance of the department,

507

supplemental revenue from federal grant funds, institutional

508

grant funds, and philanthropic organizations. The commission may,

509

through the department's Grants and Donations Trust Fund, receive

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and expend gifts, grants, and donations of any kind from any

511

public or private entity to carry out the purposes of this

512

section. The commission shall use any funding made available by

513

the Federal Government for the startup or implementation of

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charter schools to provide a startup grant to each charter school

515

for which an application is approved.

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     10.  Review and recommend to the Legislature any necessary

517

revisions to statutory requirements regarding the qualification

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and approval of municipalities, state universities, community

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colleges, and regional educational consortia as cosponsors for

520

FSE charter schools.

521

     11.  Review and recommend to the Legislature any necessary

522

revisions to statutory requirements regarding the standards for

523

accountability and criteria for revocation of approval of

524

cosponsors of FSE charter schools.

525

     12.  Act as liaison for cosponsors and FSE charter schools

526

in:

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     a. Cooperating with district school boards that may choose

528

to allow charter schools to use utilize excess space within

529

district public school facilities.

530

     b. Working with appropriate local government officials to

531

facilitate a local government's issuance of a certificate of

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occupancy for facilities to be used by a charter school.

533

     13.  Collaborate with municipalities, state universities,

534

community colleges, and regional educational consortia as

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cosponsors for FSE charter schools for the purpose of providing

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the highest level of public education to low-income, low-

537

performing, gifted, or underserved student populations. Such

538

collaborations shall:

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     a.  Allow state universities and community colleges that

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cosponsor FSE charter schools to enable students attending a

541

charter school to take college courses and receive high school

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and college credit for such courses.

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     b.  Be used to determine the feasibility of opening charter

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schools for students with disabilities, including, but not

545

limited to, charter schools for children with autism that work

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with and utilize the specialized expertise of the Centers for

547

Autism and Related Disabilities established and operated under

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pursuant to s. 1004.55.

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     14.  Support municipalities when the mayor or chief

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executive, through resolution passed by the governing body of the

551

municipality, expresses an intent to cosponsor and establish

552

charter schools within the municipal boundaries.

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     15.  Meet the needs of charter schools and school districts

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by uniformly administering high-quality charter schools, thereby

555

removing administrative burdens from the school districts.

556

     16.  Assist FSE charter schools in negotiating and

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contracting with district school boards that choose to provide

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certain administrative or transportation services to the charter

559

schools on a contractual basis.

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     17.  Provide training for members of FSE charter school

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governing bodies within 90 days after approval of the charter

562

school. The training shall include, but not be limited to, best

563

practices on charter school governance, the constitutional and

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statutory requirements relating to public records and meetings,

565

and the requirements of applicable statutes and State Board of

566

Education rules.

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     18.  Perform all of the duties of sponsors set forth in s.

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1002.33(5)(b) and (20).

569

     19. Consider adoption of policies to support a person

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operating a charter school that received a school grade "A"

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pursuant to s. 1008.34 and who seeks to expand that school or to

572

open a new charter school by providing startup funds or technical

573

assistance and expediting necessary approvals.

574

     Section 3.  Paragraph (a) of subsection (5) of section

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1006.06, Florida Statutes, is amended, and subsection (6) is

576

added to that section, to read:

577

     1006.06  School food service programs.--

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     (5)(a)  Each district school board shall implement school

579

breakfast programs in all elementary schools which that make

580

breakfast available to all students in kindergarten through grade

581

6 in each district school, unless the elementary school goes only

582

through grade 5, in which case the requirement applies shall

583

apply only through grade 5. Each district school board shall

584

implement breakfast programs in all elementary schools in which

585

students are eligible for free and reduced price lunch meals, to

586

the extent specifically funded in the General Appropriations Act.

587

A district school board may operate a breakfast program providing

588

for food preparation at the school site or in central locations

589

with distribution to designated satellite schools or any

590

combination thereof. Each district school board shall implement

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school breakfast programs in all charter schools that are first

592

opened in its district after July 1, 2008, to the same extent

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that this paragraph requires the district school boards to

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implement such programs in each district school that is first

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opened after July 1, 2008.

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     (6) The department and the Florida Schools of Excellence

597

Commission shall, in coordination with charter schools and school

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districts, jointly adopt rules setting forth a process for

599

qualifying students who are eligible for free or reduced-price

600

school breakfast programs under subsection (5) or for free or

601

reduced-price school lunches under the National School Lunch Act.

602

The process must ensure that when a student transfers to a

603

charter school from another public school, the charter school has

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access to documentation held by the student's former school

605

concerning the student's eligibility for a free or reduced-price

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school breakfast or lunch.

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     Section 4. The sum of $_________ is appropriated from the

608

General Revenue Fund to the Florida Schools of Excellence

609

Commission for the purpose of paying salaries and other

610

administrative expenses necessary to retain a person who is

611

knowledgeable about building requirements and who is responsible

612

for working with appropriate officials to facilitate the issuance

613

of a certificate of occupancy for facilities to be used by a

614

charter school.

615

     Section 5.  This act shall take effect July 1, 2008.