Florida Senate - 2008 SENATOR AMENDMENT
Bill No. CS/HB 7045
207736
Senate
Floor: 1a/RE/2R
4/30/2008 10:07 PM
.
.
.
.
.
House
1
Senator Gaetz moved the following amendment to amendment
2
(510960):
3
4
Senate Amendment (with title amendment)
5
Between line(s) 5 and 6,
6
insert:
7
8
Section 1. Paragraph (e) of subsection (7) and subsection
9
(8) of section 11.45, Florida Statutes, are amended to read:
10
11.45 Definitions; duties; authorities; reports; rules.--
11
(7) AUDITOR GENERAL REPORTING REQUIREMENTS.--
12
(e) The Auditor General shall notify the Governor or the
13
Commissioner of Education, as appropriate, and the Legislative
14
Auditing Committee of any audit report reviewed by the Auditor
15
General pursuant to paragraph (b) which contains a statement that
16
a local governmental entity, charter school, charter technical
17
career center, or district school board has met one or more of
18
the conditions specified in s. 218.503. If the Auditor General
19
requests a clarification regarding information included in an
20
audit report to determine whether a local governmental entity,
21
charter school, charter technical career center, or district
22
school board has met one or more of the conditions specified in
23
s. 218.503, the requested clarification must be provided within
24
45 days after the date of the request. If the local governmental
25
entity, charter school, charter technical career center, or
26
district school board does not comply with the Auditor General's
27
request, the Auditor General shall notify the Legislative
28
Auditing Committee. If, after obtaining the requested
29
clarification, the Auditor General determines that the local
30
governmental entity, charter school, charter technical career
31
center, or district school board has met one or more of the
32
conditions specified in s. 218.503, he or she shall notify the
33
Governor or the Commissioner of Education, as appropriate, and
34
the Legislative Auditing Committee.
35
(8) RULES OF THE AUDITOR GENERAL.--The Auditor General, in
36
consultation with the Board of Accountancy, shall adopt rules for
37
the form and conduct of all financial audits performed by
38
independent certified public accountants pursuant to ss. 215.981,
39
218.39, 1001.453, 1004.28, and 1004.70. The rules for audits of
40
local governmental entities, charter schools, charter school
41
technical career centers, and district school boards must
42
include, but are not limited to, requirements for the reporting
43
of information necessary to carry out the purposes of the Local
44
Governmental Entity, Charter School, Charter Technical Career
45
Center, and District School Board Financial Emergencies Act as
46
stated in s. 218.501.
47
Section 2. Section 218.50, Florida Statutes, is amended to
48
read:
49
218.50 Short title.--Sections 218.50-218.504 may be cited
50
as the "Local Governmental Entity, Charter School, Charter
51
Technical Career Center, and District School Board Financial
52
Emergencies Act."
53
Section 3. Section 218.501, Florida Statutes, is amended to
54
read:
55
218.501 Purposes.--The purposes of ss. 218.50-218.504 are:
56
(1) To promote the fiscal responsibility of local
57
governmental entities, charter schools, charter technical career
58
centers, and district school boards.
59
(2) To assist local governmental entities, charter schools,
60
charter technical career centers, and district school boards in
61
providing essential services without interruption and in meeting
62
their financial obligations.
63
(3) To assist local governmental entities, charter schools,
64
charter technical career centers, and district school boards
65
through the improvement of local financial management procedures.
66
Section 4. Subsections (1), (2), and (4) of section
67
218.503, Florida Statutes, are amended to read:
68
218.503 Determination of financial emergency.--
69
(1) Local governmental entities, charter schools, charter
70
technical career centers, and district school boards shall be
71
subject to review and oversight by the Governor, the charter
72
school sponsor, the charter technical career center sponsor, or
73
the Commissioner of Education, as appropriate, when any one of
74
the following conditions occurs:
75
(a) Failure within the same fiscal year in which due to pay
76
short-term loans or failure to make bond debt service or other
77
long-term debt payments when due, as a result of a lack of funds.
78
(b) Failure to pay uncontested claims from creditors within
79
90 days after the claim is presented, as a result of a lack of
80
funds.
81
(c) Failure to transfer at the appropriate time, due to
82
lack of funds:
83
1. Taxes withheld on the income of employees; or
84
2. Employer and employee contributions for:
85
a. Federal social security; or
86
b. Any pension, retirement, or benefit plan of an employee.
87
(d) Failure for one pay period to pay, due to lack of
88
funds:
89
1. Wages and salaries owed to employees; or
90
2. Retirement benefits owed to former employees.
91
(e) An unreserved or total fund balance or retained
92
earnings deficit, or unrestricted or total net assets deficit, as
93
reported on the balance sheet or statement of net assets on the
94
general purpose or fund financial statements, for which
95
sufficient resources of the local governmental entity, as
96
reported on the balance sheet or statement of net assets on the
97
general purpose or fund financial statements, are not available
98
to cover the deficit. Resources available to cover reported
99
deficits include net assets that are not otherwise restricted by
100
federal, state, or local laws, bond covenants, contractual
101
agreements, or other legal constraints. Fixed or capital assets,
102
the disposal of which would impair the ability of a local
103
governmental entity to carry out its functions, are not
104
considered resources available to cover reported deficits.
105
(2) A local governmental entity shall notify the Governor
106
and the Legislative Auditing Committee, a charter school shall
107
notify the charter school sponsor and the Legislative Auditing
108
Committee, a charter technical career center shall notify the
109
charter technical career center sponsor and the Legislative
110
Auditing Committee, and a district school board shall notify the
111
Commissioner of Education and the Legislative Auditing Committee,
112
when one or more of the conditions specified in subsection (1)
113
have occurred or will occur if action is not taken to assist the
114
local governmental entity, charter school, charter school
115
technical career center, or district school board. In addition,
116
any state agency must, within 30 days after a determination that
117
one or more of the conditions specified in subsection (1) have
118
occurred or will occur if action is not taken to assist the local
119
governmental entity, charter school, charter school technical
120
career center, or district school board, notify the Governor,
121
charter school sponsor, charter school technical career center
122
sponsor, or the Commissioner of Education, as appropriate, and
123
the Legislative Auditing Committee.
124
(4)(a) Upon notification that one or more of the conditions
125
in subsection (1) exist, the charter school sponsor or the
126
sponsor's designee and the Commissioner of Education shall
127
contact the charter school governing body to determine what
128
actions have been taken by the charter school governing body to
129
resolve the condition. The Commissioner of Education charter
130
school sponsor has the authority to require and approve a
131
financial recovery plan, to be prepared by the charter school
132
governing body, prescribing actions that will cause the charter
133
school to no longer be subject to this section. The Department of
134
Education shall establish guidelines for developing such plans.
135
(b) Upon notification that one or more of the conditions in
136
subsection (1) exist, the charter technical career center sponsor
137
or the sponsor's designee and the Commissioner of Education shall
138
contact the charter technical career center governing body to
139
determine what actions have been taken by the charter technical
140
career center governing body to resolve the condition. The
141
Commissioner of Education may require and approve a financial
142
recovery plan, to be prepared by the charter technical career
143
center governing body, prescribing actions that will cause the
144
charter technical career center to no longer be subject to this
145
section.
146
(c) The Commissioner of Education shall determine if the
147
charter school or charter technical career center needs a
148
financial recovery plan to resolve the condition. If the
149
Commissioner of Education determines that a financial recovery
150
plan is needed, the charter school or charter technical career
151
center is considered to be in a state of financial emergency.
152
153
The Department of Education, with the involvement of sponsors,
154
charter schools, and charter technical career centers, shall
155
establish guidelines for developing such plans.
156
Section 5. Section 218.504, Florida Statutes, is amended to
157
read:
158
218.504 Cessation of state action.--The Governor or the
159
Commissioner of Education, as appropriate, has the authority to
160
terminate all state actions pursuant to ss. 218.50-218.504.
161
Cessation of state action must not occur until the Governor or
162
the Commissioner of Education, as appropriate, has determined
163
that:
164
(1) The local governmental entity, charter school, charter
165
technical career center, or district school board:
166
(a) Has established and is operating an effective financial
167
accounting and reporting system.
168
(b) Has resolved the conditions outlined in s. 218.503(1).
169
(2) None of the conditions outlined in s. 218.503(1)
170
exists.
171
Section 6. Paragraph (b) of subsection (5), paragraphs (a),
172
(b), and (g) of subsection (6), paragraph (a) of subsection (7),
173
paragraph (d) of subsection (8), paragraphs (g) through (q) of
174
subsection (9), paragraph (a) of subsection (10), and subsections
175
(17), (21), and (23) of section 1002.33, Florida Statutes, are
176
amended, present subsection (24) of that section is redesignated
177
as subsection (26), and a new subsection (24) and subsection (25)
178
are added to that section, to read:
179
1002.33 Charter schools.--
180
(5) SPONSOR; DUTIES.--
181
(b) Sponsor duties.--
182
1.a. The sponsor shall monitor and review the charter
183
school in its progress toward the goals established in the
184
charter.
185
b. The sponsor shall monitor the revenues and expenditures
186
of the charter school and perform the duties provided for in s.
187
1002.345.
188
c. The sponsor may approve a charter for a charter school
189
before the applicant has secured space, equipment, or personnel,
190
if the applicant indicates approval is necessary for it to raise
191
working funds.
192
d. The sponsor's policies shall not apply to a charter
193
school unless mutually agreed to by both the sponsor and the
194
charter school.
195
e. The sponsor shall ensure that the charter is innovative
196
and consistent with the state education goals established by s.
197
1000.03(5).
198
f. The sponsor shall ensure that the charter school
199
participates in the state's education accountability system. If a
200
charter school falls short of performance measures included in
201
the approved charter, the sponsor shall report such shortcomings
202
to the Department of Education.
203
g. The sponsor shall not be liable for civil damages under
204
state law for personal injury, property damage, or death
205
resulting from an act or omission of an officer, employee, agent,
206
or governing body of the charter school.
207
h. The sponsor shall not be liable for civil damages under
208
state law for any employment actions taken by an officer,
209
employee, agent, or governing body of the charter school.
210
i. The sponsor's duties to monitor the charter school shall
211
not constitute the basis for a private cause of action.
212
j. The sponsor shall not impose additional reporting
213
requirements on a charter school without providing reasonable and
214
specific justification in writing to the charter school.
215
2. Immunity for the sponsor of a charter school under
216
subparagraph 1. applies only with respect to acts or omissions
217
not under the sponsor's direct authority as described in this
218
section.
219
3. Nothing contained in this paragraph shall be considered
220
a waiver of sovereign immunity by a district school board.
221
4. A community college may work with the school district or
222
school districts in its designated service area to develop
223
charter schools that offer secondary education. These charter
224
schools must include an option for students to receive an
225
associate degree upon high school graduation. District school
226
boards shall cooperate with and assist the community college on
227
the charter application. Community college applications for
228
charter schools are not subject to the time deadlines outlined in
229
subsection (6) and may be approved by the district school board
230
at any time during the year. Community colleges shall not report
231
FTE for any students who receive FTE funding through the Florida
232
Education Finance Program.
233
(6) APPLICATION PROCESS AND REVIEW.--Charter school
234
applications are subject to the following requirements:
235
(a) A person or entity wishing to open a charter school
236
shall prepare and submit an application on a model application
237
form prepared by the Department of Education, in conjunction with
238
the Florida Schools of Excellence Commission, which that:
239
1. Demonstrates how the school will use the guiding
240
principles and meet the statutorily defined purpose of a charter
241
school.
242
2. Provides a detailed curriculum plan that illustrates how
243
students will be provided services to attain the Sunshine State
244
Standards.
245
3. Contains goals and objectives for improving student
246
learning and measuring that improvement. These goals and
247
objectives must indicate how much academic improvement students
248
are expected to show each year, how success will be evaluated,
249
and the specific results to be attained through instruction.
250
4. Describes the reading curriculum and differentiated
251
strategies that will be used for students reading at grade level
252
or higher and a separate curriculum and strategies for students
253
who are reading below grade level. A sponsor shall deny a charter
254
if the school does not propose a reading curriculum that is
255
consistent with effective teaching strategies that are grounded
256
in scientifically based reading research.
257
5. Contains an annual financial plan for each year
258
requested by the charter for operation of the school for up to 5
259
years. This plan must contain anticipated fund balances based on
260
revenue projections, a spending plan based on projected revenues
261
and expenses, and a description of controls that will safeguard
262
finances and projected enrollment trends.
263
6. Documents that the applicant has participated in the
264
training required in subparagraph (g)2. A sponsor may require an
265
applicant to provide additional information as an addendum to the
266
charter school application as described in this paragraph.
267
(b) A sponsor shall receive and review all applications for
268
a charter school using an evaluation instrument developed by the
269
Department of Education. A sponsor may require an applicant to
270
provide additional information as an addendum to this evaluation
271
instrument. Beginning with the 2007-2008 school year, a sponsor
272
shall receive and consider charter school applications received
273
on or before August 1 of each calendar year for charter schools
274
to be opened at the beginning of the school district's next
275
school year, or to be opened at a time agreed to by the applicant
276
and the sponsor. A sponsor may receive applications later than
277
this date if it chooses. A sponsor may not charge an applicant
278
for a charter any fee for the processing or consideration of an
279
application, and a sponsor may not base its consideration or
280
approval of an application upon the promise of future payment of
281
any kind.
282
1. In order to facilitate an accurate budget projection
283
process, a sponsor shall be held harmless for FTE students who
284
are not included in the FTE projection due to approval of charter
285
school applications after the FTE projection deadline. In a
286
further effort to facilitate an accurate budget projection,
287
within 15 calendar days after receipt of a charter school
288
application, a sponsor shall report to the Department of
289
Education the name of the applicant entity, the proposed charter
290
school location, and its projected FTE.
291
2. In order to ensure fiscal responsibility, an application
292
for a charter school shall include a full accounting of expected
293
assets, a projection of expected sources and amounts of income,
294
including income derived from projected student enrollments and
295
from community support, and an expense projection that includes
296
full accounting of the costs of operation, including start-up
297
costs.
298
3. A sponsor shall by a majority vote approve or deny an
299
application no later than 60 calendar days after the application
300
is received, unless the sponsor and the applicant mutually agree
301
in writing to temporarily postpone the vote to a specific date,
302
at which time the sponsor shall by a majority vote approve or
303
deny the application. If the sponsor fails to act on the
304
application, an applicant may appeal to the State Board of
305
Education as provided in paragraph (c). If an application is
306
denied, the sponsor shall, within 10 calendar days, articulate in
307
writing the specific reasons, based upon good cause, supporting
308
its denial of the charter application and shall provide the
309
letter of denial and supporting documentation to the applicant
310
and to the Department of Education supporting those reasons.
311
4. For budget projection purposes, the sponsor shall report
312
to the Department of Education the approval or denial of a
313
charter application within 10 calendar days after such approval
314
or denial. In the event of approval, the report to the Department
315
of Education shall include the final projected FTE for the
316
approved charter school.
317
5. Upon approval of a charter application, the initial
318
startup shall commence with the beginning of the public school
319
calendar for the district in which the charter is granted unless
320
the sponsor allows a waiver of this provision for good cause.
321
(g)1. The Department of Education shall offer or arrange
322
for training and technical assistance to charter school
323
applicants in developing business plans and estimating costs and
324
income. This assistance shall address estimating startup costs,
325
projecting enrollment, and identifying the types and amounts of
326
state and federal financial assistance the charter school will be
327
eligible to receive. The department may provide other technical
328
assistance to an applicant upon written request.
329
2. A charter school applicant must participate in the
330
training provided by the Department of Education prior to filing
331
an application. However, a sponsor may require the charter school
332
applicant to attend training provided by the sponsor in lieu of
333
the department's training if the sponsor's training standards
334
meet or exceed the standards developed by the Department of
335
Education. The training shall include instruction in accurate
336
financial planning and good business practices. In addition to
337
the applicant, if the applicant is a management company or other
338
nonprofit organization, the charter school principal and the
339
chief financial officer must also participate in the training.
340
(7) CHARTER.--The major issues involving the operation of a
341
charter school shall be considered in advance and written into
342
the charter. The charter shall be signed by the governing body of
343
the charter school and the sponsor, following a public hearing to
344
ensure community input.
345
(a) The charter shall address, and criteria for approval of
346
the charter shall be based on:
347
1. The school's mission, the students to be served, and the
348
ages and grades to be included.
349
2. The focus of the curriculum, the instructional methods
350
to be used, any distinctive instructional techniques to be
351
employed, and identification and acquisition of appropriate
352
technologies needed to improve educational and administrative
353
performance which include a means for promoting safe, ethical,
354
and appropriate uses of technology which comply with legal and
355
professional standards. The charter shall ensure that reading is
356
a primary focus of the curriculum and that resources are provided
357
to identify and provide specialized instruction for students who
358
are reading below grade level. The curriculum and instructional
359
strategies for reading must be consistent with the Sunshine State
360
Standards and grounded in scientifically based reading research.
361
3. The current incoming baseline standard of student
362
academic achievement, the outcomes to be achieved, and the method
363
of measurement that will be used. The criteria listed in this
364
subparagraph shall include a detailed description for each of the
365
following:
366
a. How the baseline student academic achievement levels and
367
prior rates of academic progress will be established.
368
b. How these baseline rates will be compared to rates of
369
academic progress achieved by these same students while attending
370
the charter school.
371
c. To the extent possible, how these rates of progress will
372
be evaluated and compared with rates of progress of other closely
373
comparable student populations.
374
The district school board is required to provide academic student
375
performance data to charter schools for each of their students
376
coming from the district school system, as well as rates of
377
academic progress of comparable student populations in the
378
district school system.
379
4. The methods used to identify the educational strengths
380
and needs of students and how well educational goals and
381
performance standards are met by students attending the charter
382
school. Included in the methods is a means for the charter school
383
to ensure accountability to its constituents by analyzing student
384
performance data and by evaluating the effectiveness and
385
efficiency of its major educational programs. Students in charter
386
schools shall, at a minimum, participate in the statewide
387
assessment program created under s. 1008.22.
388
5. In secondary charter schools, a method for determining
389
that a student has satisfied the requirements for graduation in
390
s. 1003.43.
391
6. A method for resolving conflicts between the governing
392
body of the charter school and the sponsor.
393
7. The admissions procedures and dismissal procedures,
394
including the school's code of student conduct.
395
8. The ways by which the school will achieve a
396
racial/ethnic balance reflective of the community it serves or
397
within the racial/ethnic range of other public schools in the
398
same school district.
399
9. The financial and administrative management of the
400
school, including a reasonable demonstration of the professional
401
experience or competence of those individuals or organizations
402
applying to operate the charter school or those hired or retained
403
to perform such professional services and the description of
404
clearly delineated responsibilities and the policies and
405
practices needed to effectively manage the charter school. A
406
description of internal audit procedures and establishment of
407
controls to ensure that financial resources are properly managed
408
must be included. Both public sector and private sector
409
professional experience shall be equally valid in such a
410
consideration.
411
10. The asset and liability projections required in the
412
application which are incorporated into the charter and which
413
shall be compared with information provided in the annual report
414
of the charter school. The charter shall ensure that, if a
415
charter school internal audit or annual financial audit reveals a
416
state of financial emergency as defined in s. 218.503 or deficit
417
financial position, the auditors are required to notify the
418
charter school governing board, the sponsor, and the Department
419
of Education. The internal auditor shall report such findings in
420
the form of an exit interview to the principal or the principal
421
administrator of the charter school and the chair of the
422
governing board within 7 working days after finding the state of
423
financial emergency or deficit position. A final report shall be
424
provided to the entire governing board, the sponsor, and the
425
Department of Education within 14 working days after the exit
426
interview. When a charter school is in a state of financial
427
emergency, the charter school shall file a detailed financial
428
recovery plan with the sponsor. The department, with the
429
involvement of both sponsors and charter schools, shall establish
430
guidelines for developing such plans.
431
11. A description of procedures that identify various risks
432
and provide for a comprehensive approach to reduce the impact of
433
losses; plans to ensure the safety and security of students and
434
staff; plans to identify, minimize, and protect others from
435
violent or disruptive student behavior; and the manner in which
436
the school will be insured, including whether or not the school
437
will be required to have liability insurance, and, if so, the
438
terms and conditions thereof and the amounts of coverage.
439
12. The term of the charter which shall provide for
440
cancellation of the charter if insufficient progress has been
441
made in attaining the student achievement objectives of the
442
charter and if it is not likely that such objectives can be
443
achieved before expiration of the charter. The initial term of a
444
charter shall be for 4 or 5 years. In order to facilitate access
445
to long-term financial resources for charter school construction,
446
charter schools that are operated by a municipality or other
447
public entity as provided by law are eligible for up to a 15-year
448
charter, subject to approval by the district school board. A
449
charter lab school is eligible for a charter for a term of up to
450
15 years. In addition, to facilitate access to long-term
451
financial resources for charter school construction, charter
452
schools that are operated by a private, not-for-profit, s.
453
501(c)(3) status corporation are eligible for up to a 15-year
454
charter, subject to approval by the district school board. Such
455
long-term charters remain subject to annual review and may be
456
terminated during the term of the charter, but only according to
457
the provisions set forth in subsection (8).
458
13. The facilities to be used and their location.
459
14. The qualifications to be required of the teachers and
460
the potential strategies used to recruit, hire, train, and retain
461
qualified staff to achieve best value.
462
15. The governance structure of the school, including the
463
status of the charter school as a public or private employer as
464
required in paragraph (12)(i).
465
16. A timetable for implementing the charter which
466
addresses the implementation of each element thereof and the date
467
by which the charter shall be awarded in order to meet this
468
timetable.
469
17. In the case of an existing public school being
470
converted to charter status, alternative arrangements for current
471
students who choose not to attend the charter school and for
472
current teachers who choose not to teach in the charter school
473
after conversion in accordance with the existing collective
474
bargaining agreement or district school board rule in the absence
475
of a collective bargaining agreement. However, alternative
476
arrangements shall not be required for current teachers who
477
choose not to teach in a charter lab school, except as authorized
478
by the employment policies of the state university which grants
479
the charter to the lab school.
480
18. Full disclosure of the identity of all relatives
481
employed by the charter school who are related to the charter
482
school owner, president, chairperson of the governing board of
483
directors, superintendent, governing board member, principal,
484
assistant principal, or any other person employed by the charter
485
school having equivalent decisionmaking authority. For the
486
purpose of this subparagraph, the term "relative" means father,
487
mother, son, daughter, brother, sister, uncle, aunt, first
488
cousin, nephew, niece, husband, wife, father-in-law, mother-in-
489
law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
490
stepfather, stepmother, stepson, stepdaughter, stepbrother,
491
stepsister, half brother, or half sister.
492
(8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.--
493
(d) A charter may be terminated immediately if the sponsor
494
determines that good cause has been shown or if the health,
495
safety, or welfare of the students is threatened. The sponsor's
496
determination is not subject to an informal hearing under
497
paragraph (b) or pursuant to chapter 120. The sponsor shall
498
notify in writing the charter school's governing body, the
499
charter school principal, and the department if a charter is
500
immediately terminated. The sponsor shall clearly identify the
501
specific issues that resulted in the immediate termination and
502
provide evidence of prior notification of issues resulting in the
503
immediate termination when appropriate. The school district in
504
which the charter school is located shall assume operation of the
505
school under these circumstances. The charter school's governing
506
board may, within 30 days after receiving the sponsor's decision
507
to terminate the charter, appeal the decision pursuant to the
508
procedure established in subsection (6).
509
(9) CHARTER SCHOOL REQUIREMENTS.--
510
(g) A charter school shall provide for an annual financial
511
audit in accordance with s. 218.39. Financial audits that reveal
512
a state of financial emergency as defined in s. 218.503 and are
513
conducted by a certified public accountant or auditor in
514
accordance with s. 218.39 shall be provided to the governing body
515
of the charter school within 7 working days after finding that a
516
state of financial emergency exists. When a charter school is
517
found to be in a state of financial emergency by a certified
518
public accountant or auditor, the charter school must file a
519
detailed financial recovery plan with the sponsor within 30 days
520
after receipt of the audit.
521
(g)(h) In order to provide financial information that is
522
comparable to that reported for other public schools, charter
523
schools are to maintain all financial records which constitute
524
their accounting system:
525
1. In accordance with the accounts and codes prescribed in
526
the most recent issuance of the publication titled "Financial and
527
Program Cost Accounting and Reporting for Florida Schools"; or
528
2. At the discretion of the charter school governing board,
529
a charter school may elect to follow generally accepted
530
accounting standards for not-for-profit organizations, but must
531
reformat this information for reporting according to this
532
paragraph.
533
534
Charter schools shall provide annual financial report and program
535
cost report information in the state-required formats for
536
inclusion in district reporting in compliance with s. 1011.60(1).
537
Charter schools that are operated by a municipality or are a
538
component unit of a parent nonprofit organization may use the
539
accounting system of the municipality or the parent but must
540
reformat this information for reporting according to this
541
paragraph. A charter school shall provide monthly financial
542
statements to the sponsor.
543
(h)(i) The governing board of the charter school shall
544
annually adopt and maintain an operating budget.
545
(i)(j) The governing body of the charter school shall
546
exercise continuing oversight over charter school operations.
547
(j)(k) The governing body of the charter school shall be
548
responsible for:
549
1. Ensuring that the charter school has retained the
550
services of a certified public accountant or auditor for the
551
annual financial audit, pursuant to s. 1002.345(2) paragraph (g),
552
who shall submit the report to the governing body.
553
2. Reviewing and approving the audit report, including
554
audit findings and recommendations for the financial recovery
555
plan.
556
3.a. Performing the duties provided for in s. 1002.345,
557
including monitoring a corrective action plan.
558
b. Monitoring a financial recovery plan in order to ensure
559
compliance.
560
4. Participating in governance training approved by the
561
department that must include government in the sunshine,
562
conflicts of interest, ethics, and financial responsibility.
563
(k)(l) The governing body of the charter school shall
564
report its progress annually to its sponsor, which shall forward
565
the report to the Commissioner of Education at the same time as
566
other annual school accountability reports. The Department of
567
Education shall develop a uniform, online annual accountability
568
report to be completed by charter schools. This report shall be
569
easy to utilize and contain demographic information, student
570
performance data, and financial accountability information. A
571
charter school shall not be required to provide information and
572
data that is duplicative and already in the possession of the
573
department. The Department of Education shall include in its
574
compilation a notation if a school failed to file its report by
575
the deadline established by the department. The report shall
576
include at least the following components:
577
1. Student achievement performance data, including the
578
information required for the annual school report and the
579
education accountability system governed by ss. 1008.31 and
580
1008.345. Charter schools are subject to the same accountability
581
requirements as other public schools, including reports of
582
student achievement information that links baseline student data
583
to the school's performance projections identified in the
584
charter. The charter school shall identify reasons for any
585
difference between projected and actual student performance.
586
2. Financial status of the charter school which must
587
include revenues and expenditures at a level of detail that
588
allows for analysis of the ability to meet financial obligations
589
and timely repayment of debt.
590
3. Documentation of the facilities in current use and any
591
planned facilities for use by the charter school for instruction
592
of students, administrative functions, or investment purposes.
593
4. Descriptive information about the charter school's
594
personnel, including salary and benefit levels of charter school
595
employees, the proportion of instructional personnel who hold
596
professional or temporary certificates, and the proportion of
597
instructional personnel teaching in-field or out-of-field.
598
(l)(m) A charter school shall not levy taxes or issue bonds
599
secured by tax revenues.
600
(m)(n) A charter school shall provide instruction for at
601
least the number of days required by law for other public
602
schools, and may provide instruction for additional days.
603
(n)(o) The director and a representative of the governing
604
body of a charter school that has received a school grade of "D"
605
under s. 1008.34(2) shall appear before the sponsor or the
606
sponsor's staff at least once a year to present information
607
concerning each contract component having noted deficiencies. The
608
sponsor shall communicate at the meeting, and in writing to the
609
director, the services provided to the school to help the school
610
address its deficiencies.
611
(o)(p) Upon notification that a charter school receives a
612
school grade of "D" for 2 consecutive years or a school grade of
613
"F" under s. 1008.34(2), the charter school sponsor or the
614
sponsor's staff shall require the director and a representative
615
of the governing body to submit to the sponsor for approval a
616
school improvement plan to raise student achievement and to
617
implement the plan. The sponsor has the authority to approve a
618
school improvement plan that the charter school will implement in
619
the following school year. The sponsor may also consider the
620
State Board of Education's recommended action pursuant to s.
621
1008.33(1) as part of the school improvement plan. The Department
622
of Education shall offer technical assistance and training to the
623
charter school and its governing body and establish guidelines
624
for developing, submitting, and approving such plans.
625
1. If the charter school fails to improve its student
626
performance from the year immediately prior to the implementation
627
of the school improvement plan, the sponsor shall place the
628
charter school on probation and shall require the charter school
629
governing body to take one of the following corrective actions:
630
a. Contract for the educational services of the charter
631
school;
632
b. Reorganize the school at the end of the school year
633
under a new director or principal who is authorized to hire new
634
staff and implement a plan that addresses the causes of
635
inadequate progress; or
636
c. Reconstitute the charter school.
637
2. A charter school that is placed on probation shall
638
continue the corrective actions required under subparagraph 1.
639
until the charter school improves its student performance from
640
the year prior to the implementation of the school improvement
641
plan.
642
3. Notwithstanding any provision of this paragraph, the
643
sponsor may terminate the charter at any time pursuant to the
644
provisions of subsection (8).
645
(p)(q) The director and a representative of the governing
646
body of a graded charter school that has submitted a school
647
improvement plan or has been placed on probation under paragraph
648
(o)(p) shall appear before the sponsor or the sponsor's staff at
649
least once a year to present information regarding the corrective
650
strategies that are being implemented by the school pursuant to
651
the school improvement plan. The sponsor shall communicate at the
652
meeting, and in writing to the director, the services provided to
653
the school to help the school address its deficiencies.
654
(10) ELIGIBLE STUDENTS.--
655
(a) A charter school shall be open to any student covered
656
in an interdistrict agreement or residing in the school district
657
in which the charter school is located; however, in the case of a
658
charter lab school, the charter lab school shall be open to any
659
student eligible to attend the lab school as provided in s.
660
1002.32 or who resides in the school district in which the
661
charter lab school is located. Any eligible student shall be
662
allowed interdistrict transfer to attend a charter school when
663
based on good cause. Good cause shall include, but not be limited
664
to, geographic proximity to a charter school in a neighboring
665
school district.
666
(17) FUNDING.--Students enrolled in a charter school,
667
regardless of the sponsorship, shall be funded as if they are in
668
a basic program or a special program, the same as students
669
enrolled in other public schools in the school district. Funding
670
for a charter lab school shall be as provided in s. 1002.32.
671
(a) Each charter school shall report its student enrollment
672
to the sponsor as required in s. 1011.62, and in accordance with
673
the definitions in s. 1011.61. The sponsor shall include each
674
charter school's enrollment in the district's report of student
675
enrollment. All charter schools submitting student record
676
information required by the Department of Education shall comply
677
with the Department of Education's guidelines for electronic data
678
formats for such data, and all districts shall accept electronic
679
data that complies with the Department of Education's electronic
680
format.
681
(b) The basis for the agreement for funding students
682
enrolled in a charter school shall be the sum of the school
683
district's operating funds from the Florida Education Finance
684
Program as provided in s. 1011.62 and the General Appropriations
685
Act, including gross state and local funds, discretionary lottery
686
funds, and funds from the school district's current operating
687
discretionary millage levy; divided by total funded weighted
688
full-time equivalent students in the school district; multiplied
689
by the weighted full-time equivalent students for the charter
690
school. Charter schools whose students or programs meet the
691
eligibility criteria in law shall be entitled to their
692
proportionate share of categorical program funds included in the
693
total funds available in the Florida Education Finance Program by
694
the Legislature, including transportation. Total funding for each
695
charter school shall be recalculated during the year to reflect
696
the revised calculations under the Florida Education Finance
697
Program by the state and the actual weighted full-time equivalent
698
students reported by the charter school during the full-time
699
equivalent student survey periods designated by the Commissioner
700
of Education. Florida Education Finance Program funds for a
701
charter school must be distributed to the charter school by the
702
district school board within 10 days after receipt from the
703
state.
704
(c) If the district school board is providing programs or
705
services to students funded by federal funds, any eligible
706
students enrolled in charter schools in the school district shall
707
be provided federal funds for the same level of service provided
708
students in the schools operated by the district school board.
709
Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all charter
710
schools shall receive all federal funding for which the school is
711
otherwise eligible, including Title I funding, not later than 5
712
months after the charter school first opens and within 5 months
713
after any subsequent expansion of enrollment.
714
(d) District school boards shall make timely and efficient
715
payment and reimbursement to charter schools, including
716
processing paperwork required to access special state and federal
717
funding for which they may be eligible. The district school board
718
may distribute funds to a charter school for up to 3 months based
719
on the projected full-time equivalent student membership of the
720
charter school. Thereafter, the results of full-time equivalent
721
student membership surveys shall be used in adjusting the amount
722
of funds distributed monthly to the charter school for the
723
remainder of the fiscal year. The payment shall be issued no
724
later than 10 working days after the district school board
725
receives a distribution of state or federal funds. If a warrant
726
for payment is not issued within 10 working days after receipt of
727
funding by the district school board, the school district shall
728
pay to the charter school, in addition to the amount of the
729
scheduled disbursement, interest at a rate of 1 percent per month
730
calculated on a daily basis on the unpaid balance from the
731
expiration of the 10 working days until such time as the warrant
732
is issued.
733
(21) PUBLIC INFORMATION ON CHARTER SCHOOLS.--
734
(a) The Department of Education shall provide information
735
to the public, directly and through sponsors, both on how to form
736
and operate a charter school and on how to enroll in charter
737
schools once they are created. This information shall include a
738
standard application format, charter format, evaluation
739
instrument, and charter renewal format, which shall include the
740
information specified in subsection (7) and shall be developed by
741
consulting and negotiating with both school districts, the
742
Florida Schools of Excellence Commission, and charter schools
743
before implementation. The charter and charter renewal These
744
formats shall be used as guidelines by charter school sponsors.
745
(b)1. The Department of Education shall report student
746
assessment data pursuant to s. 1008.34(3)(b) which is reported to
747
schools that receive a school grade pursuant to s. 1008.34 or
748
student assessment data pursuant to s. 1008.341(3) which is
749
reported to alternative schools that receive a school improvement
750
rating pursuant to s. 1008.341 to each charter school that:
751
a. Does not receive a school grade pursuant to s. 1008.34
752
or a school improvement rating pursuant to s. 1008.341; and
753
b. Serves at least 10 students who are tested on the
754
statewide assessment test pursuant to s. 1008.22.
755
2. The charter school shall report the information in
756
subparagraph 1. to each parent of a student at the charter
757
school, the parent of a child on a waiting list for the charter
758
school, the district in which the charter school is located, and
759
the governing board of the charter school. This paragraph does
760
not abrogate the provisions of s. 1002.22, relating to student
761
records, and the requirements of 20 U.S.C. s. 1232g, the Family
762
Educational Rights and Privacy Act.
763
3.a. Pursuant to this paragraph, the Department of
764
Education shall compare the charter school student performance
765
data for each charter school in subparagraph 1. with the student
766
performance data in traditional public schools in the district in
767
which the charter school is located and other charter schools in
768
the state. For alternative charter schools, the department shall
769
compare the student performance data described in this paragraph
770
with all alternative schools in the state. The comparative data
771
shall be provided by the following grade groupings:
772
(I) Grades 3 through 5;
773
(II) Grades 6 through 8; and
774
(III) Grades 9 through 11.
775
b. Each charter school shall provide the information in
776
this paragraph on its Internet website and also provide notice to
777
the public in a manner that notifies the community at large, as
778
provided by rules of the State Board of Education. The State
779
Board of Education shall adopt rules to administer the notice
780
requirements of this subparagraph pursuant to ss. 120.536(1) and
781
120.54. The website shall include, through links or actual
782
content, other information related to school performance.
783
(23) ANALYSIS OF CHARTER SCHOOL PERFORMANCE.--Upon receipt
784
of the annual report required by paragraph (9)(k) (9)(l), the
785
Department of Education shall provide to the State Board of
786
Education, the Commissioner of Education, the Governor, the
787
President of the Senate, and the Speaker of the House of
788
Representatives an analysis and comparison of the overall
789
performance of charter school students, to include all students
790
whose scores are counted as part of the statewide assessment
791
program, versus comparable public school students in the district
792
as determined by the statewide assessment program currently
793
administered in the school district, and other assessments
794
administered pursuant to s. 1008.22(3).
795
(24) RESTRICTION ON EMPLOYMENT OF RELATIVES.--
796
(a) This subsection applies to charter school personnel in
797
a charter school operated by a private entity. As used in this
798
subsection, the term:
799
1. "Charter school personnel" means a charter school owner,
800
president, chairperson of the governing board of directors,
801
superintendent, governing board member, principal, assistant
802
principal, or any other person employed by the charter school
803
having equivalent decisionmaking authority and in whom is vested
804
the authority, or to whom the authority has been delegated, to
805
appoint, employ, promote, or advance individuals or to recommend
806
individuals for appointment, employment, promotion, or
807
advancement in connection with employment in a charter school,
808
including the authority as a member of a governing body of a
809
charter school to vote on the appointment, employment, promotion,
810
or advancement of individuals.
811
2. "Relative" means father, mother, son, daughter, brother,
812
sister, uncle, aunt, first cousin, nephew, niece, husband, wife,
813
father-in-law, mother-in-law, son-in-law, daughter-in-law,
814
brother-in-law, sister-in-law, stepfather, stepmother, stepson,
815
stepdaughter, stepbrother, stepsister, half brother, or half
816
sister.
817
(b) Charter school personnel may not appoint, employ,
818
promote, or advance, or advocate for appointment, employment,
819
promotion, or advancement, in or to a position in the charter
820
school in which the personnel are serving or over which the
821
personnel exercises jurisdiction or control any individual who is
822
a relative. An individual may not be appointed, employed,
823
promoted, or advanced in or to a position in a charter school if
824
such appointment, employment, promotion, or advancement has been
825
advocated by charter school personnel who serve in or exercise
826
jurisdiction or control over the charter school and who is a
827
relative of the individual or if such appointment, employment,
828
promotion, or advancement is made by the governing board of which
829
a relative of the individual is a member.
830
(c) The requirements in paragraph (b) may be waived by the
831
Commissioner of Education or his or her designee for good cause.
832
(d) Mere approval of budgets does not constitute
833
"jurisdiction or control" for the purposes of this subsection.
834
Charter school personnel in schools operated by a municipality or
835
other public entity are subject to the provisions of s. 112.3135.
836
(25) STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.--
837
(a) A member of a governing board of a charter school,
838
including a charter school operated by a private entity, is
839
subject to the provisions of ss. 112.313(2), (3), (7), and (12)
840
and 112.3143(3).
841
(b) A member of a governing board of a charter school
842
operated by a municipality or other public entity is subject to
843
the provisions of s. 112.3144, relating to the disclosure of
844
financial interests.
845
Section 7. Subsection (5), paragraph (a) of subsection (7),
846
paragraph (a) of subsection (11), and subsection (12) of section
847
1002.335, Florida Statutes, are amended to read:
848
1002.335 Florida Schools of Excellence Commission.--
849
(5) CHARTERING AUTHORITY.--
850
(a) A charter school applicant may submit an application to
851
the commission only if the school district in which the FSE
852
charter school is to be located has not retained exclusive
853
authority to authorize charter schools as provided in paragraph
854
(e). If a district school board has not retained exclusive
855
authority to authorize charter schools as provided in paragraph
856
(e), the district school board and the commission shall have
857
concurrent authority to authorize charter schools and FSE charter
858
schools, respectively, to be located within the geographic
859
boundaries of the school district. The district school board
860
shall monitor and oversee all charter schools authorized by the
861
district school board pursuant to s. 1002.33. The commission
862
shall monitor and oversee all FSE charter schools sponsored by
863
the commission pursuant to subsection (4).
864
(b) Paragraph (e) may not be construed to eliminate the
865
ability of a district school board to authorize charter schools
866
pursuant to s. 1002.33. A district school board shall retain the
867
authority to reauthorize and to oversee any charter school that
868
it has authorized, except with respect to any charter school that
869
is converted to an FSE charter school under this section.
870
(c) For fiscal year 2008-2009 and every 4 fiscal years
871
2007-2008 and for each fiscal year thereafter, a district school
872
board may seek to retain exclusive authority to authorize charter
873
schools within the geographic boundaries of the school district
874
by presenting to the State Board of Education, on or before March
875
1 of the fiscal year prior to that for which the exclusive
876
authority is to apply, a written resolution adopted by the
877
district school board indicating the intent to seek retain
878
exclusive authority to authorize charter schools. A district
879
school board may seek to retain the exclusive authority to
880
authorize charter schools by presenting to the state board the
881
written resolution on or before a date 60 days after
882
establishment of the commission. The written resolution shall be
883
accompanied by a written description addressing the elements
884
described in paragraph (e). The district school board shall
885
provide a complete copy of the resolution, including the
886
description, to each charter school authorized by the district
887
school board on or before the date it submits the resolution to
888
the state board.
889
(d) A party may challenge the grant of exclusive authority
890
made by the State Board of Education pursuant to paragraph (e) by
891
filing with the state board a notice of challenge within 30 days
892
after the state board grants exclusive authority. The notice
893
shall be accompanied by a specific written description of the
894
basis for the challenge. The challenging party, at the time of
895
filing notice with the state board, shall provide a copy of the
896
notice of challenge to the district school board that has been
897
granted exclusive authority. The state board shall permit the
898
district school board the opportunity to appear and respond in
899
writing to the challenge. The state board shall make a
900
determination upon the challenge within 60 days after receiving
901
the notice of challenge.
902
(e) The State Board of Education shall grant to a district
903
school board exclusive authority to authorize charter schools
904
within the geographic boundaries of the school district if the
905
state board determines, after adequate notice, in a public
906
hearing, and after receiving input from any charter school
907
authorized by the district school board, that the district school
908
board has provided fair and equitable treatment to its charter
909
schools during the 4 years prior to the district school board's
910
submission of the resolution described in paragraph (c). The
911
state board's review of the resolution shall, at a minimum,
912
include consideration of the following:
913
1. Compliance with the provisions of s. 1002.33.
914
2. Compliance with full and accurate accounting practices
915
and charges for central administrative overhead costs.
916
3. Compliance with requirements allowing a charter school,
917
at its discretion, to purchase certain services or a combination
918
of services at actual cost to the district.
919
4. The absence of a district school board moratorium
920
regarding charter schools or the absence of any districtwide
921
charter school enrollment limits.
922
5. Compliance with valid orders of the state board.
923
6. The provision of assistance to charter schools to meet
924
their facilities needs by including those needs in local bond
925
issues or otherwise providing available land and facilities that
926
are comparable to those provided to other public school students
927
in the same grade levels within the school district.
928
7. The distribution to charter schools authorized by the
929
district school board of a pro rata share of federal and state
930
grants received by the district school board, except for any
931
grant received for a particular purpose which, by its express
932
terms, is intended to benefit a student population not able to be
933
served by, or a program not able to be offered at, a charter
934
school that did not receive a proportionate share of such grant
935
proceeds.
936
8. The provision of adequate staff and other resources to
937
serve charter schools authorized by the district school board,
938
which services are provided by the district school board at a
939
cost to the charter schools that does not exceed their actual
940
cost to the district school board.
941
9. The lack of a policy or practice of imposing individual
942
charter school enrollment limits, except as otherwise provided by
943
law.
944
10. The provision of an adequate number of educational
945
choice programs to serve students exercising their rights to
946
transfer pursuant to the "No Child Left Behind Act of 2001," Pub.
947
L. No. 107-110, and a history of charter school approval that
948
encourages chartering.
949
(f) The decision of the State Board of Education to grant
950
or deny exclusive authority to a district school board pursuant
951
to paragraph (e) shall be effective for 4 fiscal years, shall not
952
be subject to the provisions of chapter 120 and shall be a final
953
action subject to judicial review by the district court of
954
appeal.
955
(g) For district school boards that have no discernible
956
history of authorizing charter schools, the State Board of
957
Education may not grant exclusive authority unless the district
958
school board demonstrates that no approvable application has come
959
before the district school board.
960
(h) A grant of exclusive authority by the State Board of
961
Education shall continue so long as a district school board
962
continues to comply with this section and has presented a written
963
resolution to the state board as set forth in paragraph (c).
964
(i) Notwithstanding any other provision of this section to
965
the contrary, a district school board may permit the
966
establishment of one or more FSE charter schools within the
967
geographic boundaries of the school district by adopting a
968
favorable resolution and submitting the resolution to the State
969
Board of Education. The resolution shall be effective until it is
970
rescinded by resolution of the district school board.
971
(7) COSPONSOR AGREEMENT.--
972
(a) Upon approval of a cosponsor, the commission and the
973
cosponsor shall enter into an agreement that defines the
974
cosponsor's rights and obligations and includes the following:
975
1. An explanation of the personnel, contractual and
976
interagency relationships, and potential revenue sources
977
referenced in the application as required in paragraph (6)(c).
978
2. Incorporation of the requirements of equal access for
979
all students, including any plans to provide food service or
980
transportation reasonably necessary to provide access to as many
981
students as possible.
982
3. Incorporation of the requirement to serve low-income,
983
low-performing, gifted, or underserved student populations.
984
4. An explanation of the academic and financial goals and
985
expected outcomes for the cosponsor's charter schools and the
986
method and plans by which they will be measured and achieved as
987
referenced in the application.
988
5. The conflict-of-interest policies referenced in the
989
application.
990
6. An explanation of the disposition of facilities and
991
assets upon termination and dissolution of a charter school
992
approved by the cosponsor.
993
7.a. A provision requiring the cosponsor to annually appear
994
before the commission and provide a report as to the information
995
provided pursuant to s. 1002.33(9)(k) s. 1002.33(9)(l) for each
996
of its charter schools.
997
b. A provision requiring the cosponsor to perform the
998
duties provided for in s. 1002.345.
999
c. A provision requiring the governing board to perform the
1000
duties provided for in s. 1002.345, including monitoring the
1001
corrective action plan.
1002
8. A provision requiring that the cosponsor report the
1003
student enrollment in each of its sponsored charter schools to
1004
the district school board of the county in which the school is
1005
located.
1006
9. A provision requiring that the cosponsor work with the
1007
commission to provide the necessary reports to the State Board of
1008
Education.
1009
10. Any other reasonable terms deemed appropriate by the
1010
commission given the unique characteristics of the cosponsor.
1011
(11) APPLICATION OF CHARTER SCHOOL STATUTE.--
1012
(a) The provisions of s. 1002.33(7)-(12), (14), and (16)-
1013
(19), (21)(b), (24), and (25) shall apply to the commission and
1014
the cosponsors and charter schools approved pursuant to this
1015
section.
1016
(12) ACCESS TO INFORMATION.--The commission shall provide
1017
maximum access to information to all parents in the state. It
1018
shall maintain information systems, including, but not limited
1019
to, a user-friendly Internet website, that will provide
1020
information and data necessary for parents to make informed
1021
decisions, including a link to the information provided in s.
1022
1002.33(21)(b)3.b. At a minimum, the commission must provide
1023
parents with information on its accountability standards, links
1024
to schools of excellence throughout the state, and public
1025
education programs available in the state.
1026
Section 8. Subsections (4) and (5), paragraphs (d) and (f)
1027
of subsection (6), paragraph (c) of subsection (10), and
1028
subsection (13) of section 1002.34, Florida Statutes, are amended
1029
to read:
1030
1002.34 Charter technical career centers.--
1031
(4) CHARTER.--A sponsor may designate centers as provided
1032
in this section. An application to establish a center may be
1033
submitted by a sponsor or another organization that is
1034
determined, by rule of the State Board of Education, to be
1035
appropriate. However, an independent school is not eligible for
1036
status as a center. The charter must be signed by the governing
1037
body of the center and the sponsor, and must be approved by the
1038
district school board and community college board of trustees in
1039
whose geographic region the facility is located. If a charter
1040
technical career center is established by the conversion to
1041
charter status of a public technical center formerly governed by
1042
a district school board, the charter status of that center takes
1043
precedence in any question of governance. The governance of the
1044
center or of any program within the center remains with its board
1045
of directors unless the board agrees to a change in governance or
1046
its charter is revoked as provided in subsection (15). Such a
1047
conversion charter technical career center is not affected by a
1048
change in the governance of public technical centers or of
1049
programs within other centers that are or have been governed by
1050
district school boards. A charter technical career center, or any
1051
program within such a center, that was governed by a district
1052
school board and transferred to a community college prior to the
1053
effective date of this act is not affected by this provision. An
1054
applicant who wishes to establish a center must submit to the
1055
district school board or community college board of trustees, or
1056
a consortium of one or more of each, an application on a form
1057
developed by the Department of Education which that includes:
1058
(a) The name of the proposed center.
1059
(b) The proposed structure of the center, including a list
1060
of proposed members of the board of directors or a description of
1061
the qualifications for and method of their appointment or
1062
election.
1063
(c) The workforce development goals of the center, the
1064
curriculum to be offered, and the outcomes and the methods of
1065
assessing the extent to which the outcomes are met.
1066
(d) The admissions policy and criteria for evaluating the
1067
admission of students.
1068
(e) A description of the staff responsibilities and the
1069
proposed qualifications of the teaching staff.
1070
(f) A description of the procedures to be implemented to
1071
ensure significant involvement of representatives of business and
1072
industry in the operation of the center.
1073
(g) A method for determining whether a student has
1074
satisfied the requirements for graduation specified in s. 1003.43
1075
and for completion of a postsecondary certificate or degree.
1076
(h) A method for granting secondary and postsecondary
1077
diplomas, certificates, and degrees.
1078
(i) A description of and address for the physical facility
1079
in which the center will be located.
1080
(j) A method of resolving conflicts between the governing
1081
body of the center and the sponsor and between consortium
1082
members, if applicable.
1083
(k) A method for reporting student data as required by law
1084
and rule.
1085
(l) A statement that the applicant has participated in the
1086
training provided by the Department of Education.
1087
(m) The identity of all relatives employed by the charter
1088
technical career center who are related to the center owner,
1089
president, chairperson of the governing board of directors,
1090
superintendent, governing board member, principal, assistant
1091
principal, or any other person employed by the center who has
1092
equivalent decisionmaking authority. As used in this paragraph,
1093
the term "relative" means father, mother, son, daughter, brother,
1094
sister, uncle, aunt, first cousin, nephew, niece, husband, wife,
1095
father-in-law, mother-in-law, son-in-law, daughter-in-law,
1096
brother-in-law, sister-in-law, stepfather, stepmother, stepson,
1097
stepdaughter, stepbrother, stepsister, half brother, or half
1098
sister.
1099
(m)(l) Other information required by the district school
1100
board or community college board of trustees.
1101
1102
Students at a center must meet the same testing and academic
1103
performance standards as those established by law and rule for
1104
students at public schools and public technical centers. The
1105
students must also meet any additional assessment indicators that
1106
are included within the charter approved by the district school
1107
board or community college board of trustees.
1108
(5) APPLICATION.--An application to establish a center must
1109
be submitted by February 1 of the year preceding the school year
1110
in which the center will begin operation. The sponsor must review
1111
the application using an evaluation instrument developed by the
1112
Department of Education and make a final decision on whether to
1113
approve the application and grant the charter by March 1, and may
1114
condition the granting of a charter on the center's taking
1115
certain actions or maintaining certain conditions. Such actions
1116
and conditions must be provided to the applicant in writing. The
1117
district school board or community college board of trustees is
1118
not required to issue a charter to any person.
1119
(6) SPONSOR.--A district school board or community college
1120
board of trustees or a consortium of one or more of each may
1121
sponsor a center in the county in which the board has
1122
jurisdiction.
1123
(d)1. The Department of Education shall offer or arrange
1124
for training and technical assistance to applicants in developing
1125
business plans and estimating costs and income. This assistance
1126
shall address estimating startup costs, projecting enrollment,
1127
and identifying the types and amounts of state and federal
1128
financial assistance the center will be eligible to receive. The
1129
training shall include instruction in accurate financial planning
1130
and good business practices.
1131
2. An applicant must participate in the training provided
1132
by the Department of Education prior to filing an application.
1133
The Department of Education may provide technical assistance to
1134
an applicant upon written request.
1135
(f) The sponsor shall monitor and review the center's
1136
progress toward charter goals and shall monitor the center's
1137
revenues and expenditures. The sponsor shall perform the duties
1138
provided for in s. 1002.345.
1139
(10) EXEMPTION FROM STATUTES.--
1140
(c) A center must comply with the antidiscrimination
1141
provisions of s. 1000.05 and the provisions of s. 1002.33(24),
1142
relating to the employment of relatives.
1143
(13) BOARD OF DIRECTORS AUTHORITY.--The board of directors
1144
of a center may decide matters relating to the operation of the
1145
school, including budgeting, curriculum, and operating
1146
procedures, subject to the center's charter. The board of
1147
directors is responsible for performing the duties provided for
1148
in s. 1002.345, including monitoring the corrective action plan.
1149
The board of directors must comply with the provisions of s.
1150
1002.33(25).
1151
Section 9. Section 1002.345, Florida Statutes, is created
1152
to read:
1153
1002.345 Determination of financial weaknesses and
1154
financial emergencies for charter schools and charter technical
1155
career centers.--This section applies to charter schools
1156
operating pursuant to ss. 1002.33 and 1002.335, and to charter
1157
technical career centers operating pursuant to s. 1002.34.
1158
(1) FINANCIAL WEAKNESS; REQUIREMENTS.--
1159
(a) A charter school and a charter technical career center
1160
shall be subject to an expedited review by the sponsor when any
1161
one of the following conditions occurs:
1162
1. An end-of-year financial deficit.
1163
2. A substantial decline in student enrollment without a
1164
commensurate reduction in expenses.
1165
3. Insufficient revenues to pay current operating expenses.
1166
4. Insufficient revenues to pay long-term expenses.
1167
5. Disproportionate administrative expenses.
1168
6. Excessive debt.
1169
7. Excessive expenditures.
1170
8. Inadequate fund balances or reserves.
1171
9. Failure to meet financial reporting requirements
1172
pursuant to s. 1002.33(9), s. 1002.335(7)(a)7., or s.
1173
1002.34(14).
1174
10. Weak financial controls or other adverse financial
1175
conditions identified through an annual audit conducted pursuant
1176
to s. 218.39.
1177
11. Negative financial findings cited in reports by the
1178
Auditor General or the Office of Program Policy Analysis and
1179
Government Accountability.
1180
(b) A sponsor shall notify the governing board within 7
1181
working days when one or more of the conditions specified in
1182
paragraph (a) occur.
1183
(c) The governing board and the sponsor shall develop a
1184
corrective action plan and file the plan with the Commissioner of
1185
Education within 30 working days. If the governing board and the
1186
sponsor are unable to agree on a corrective action plan, the
1187
Commissioner of Education shall determine the components of the
1188
plan. The governing board shall implement the plan.
1189
(d) The governing board shall include the corrective action
1190
plan and the status of its implementation in the annual progress
1191
report to the sponsor that is required under s. 1002.33(9)(k), s.
1192
1002.335(7)(a)7., or s. 1002.34(14).
1193
(e) If the governing board fails to implement the
1194
corrective action plan within 1 year, the State Board of
1195
Education shall prescribe any steps necessary for the charter
1196
school or the charter technical career center to comply with
1197
state requirements.
1198
(f) The chair of the governing board shall annually appear
1199
before the State Board of Education and report on the
1200
implementation of the State Board of Education's requirements.
1201
(2) FINANCIAL EMERGENCY; DEFICIT FUND BALANCE; DEFICIT NET
1202
ASSETS; REQUIREMENTS.--
1203
(a) A charter school and a charter technical career center
1204
shall provide for a certified public accountant or auditor to
1205
conduct an annual financial audit in accordance with s. 218.39.
1206
(b) The charter shall ensure that, if an annual financial
1207
audit of a charter school or charter technical career center
1208
reveals one or more of the conditions in s. 218.503(1) have
1209
occurred or will occur if action is not taken or if a charter
1210
school or charter technical career center has a deficit fund
1211
balance or deficit net assets, the auditor must notify the
1212
governing board of the charter school or charter technical career
1213
center, as appropriate, the sponsor, and the Commissioner of
1214
Education.
1215
(c)1. When a financial audit conducted by a certified
1216
public accountant in accordance with s. 218.39 reveals that one
1217
or more of the conditions in s. 218.503(1) have occurred or will
1218
occur if action is not taken or when a deficit fund balance or
1219
deficit net assets exist, the auditor shall notify and provide
1220
the financial audit to the governing board of the charter school
1221
or charter technical career center, as appropriate, the sponsor,
1222
and the Commissioner of Education within 7 working days after the
1223
finding is made.
1224
2. When the charter school or charter technical career
1225
center is found to be in a state of financial emergency pursuant
1226
to s. 218.503(4), the charter school or charter technical career
1227
center shall file a detailed financial recovery plan as provided
1228
for in s. 218.503 with the sponsor within 30 days after being
1229
notified by the Commissioner of Education that a financial
1230
recovery plan is needed.
1231
(d) The sponsor shall file a copy of the financial recovery
1232
plan with the Commissioner of Education.
1233
(e) The governing board shall include the financial
1234
recovery plan and the status of its implementation in the annual
1235
progress report to the sponsor which is required under s.
1236
1002.33(9)(k), s. 1002.335(7)(a)7., or s. 1002.34(14).
1237
(3) REPORT.--The Commissioner of Education shall annually
1238
report to the State Board of Education each charter school and
1239
charter technical career center that is subject to a financial
1240
recovery plan or a corrective action plan under this section.
1241
(4) RULES.--The State Board of Education shall adopt rules
1242
pursuant to ss. 120.536(1) and 120.54 for developing financial
1243
recovery and corrective action plans and establishing the
1244
criteria for defining each of the conditions in subsection (1).
1245
(5) TECHNICAL ASSISTANCE.--The Department of Education
1246
shall provide technical assistance to charter schools, charter
1247
technical career centers, governing boards, and sponsors in
1248
developing financial recovery and corrective action plans.
1249
(6) FAILURE TO CORRECT DEFICIENCIES.--The sponsor may
1250
choose not to renew or may terminate a charter if the charter
1251
school or charter technical career center fails to correct the
1252
deficiencies noted in the corrective action plan within 1 year or
1253
exhibits one or more financial emergency conditions as provided
1254
in s. 218.503 for 2 consecutive years. This subsection is not
1255
intended to affect a sponsor's authority to terminate or not
1256
renew a charter pursuant to s. 1002.33(8).
1257
1258
================ T I T L E A M E N D M E N T ================
1259
And the title is amended as follows:
1260
On line(s) 1305, after the first semicolon,
1261
insert:
1262
1263
amending ss. 11.45, 218.50, and 218.501, F.S., relating to
1264
audit reports by the Auditor General; conforming
1265
provisions related to changes in the entities subject to a
1266
state of financial emergency; amending ss. 218.503 and
1267
218.504, F.S.; providing that charter technical career
1268
centers are subject to certain requirements in the event
1269
of a financial emergency; requiring that the sponsor be
1270
notified of certain conditions; providing for the
1271
development of a financial recovery plan, which may be
1272
approved by the Commissioner of Education; amending s.
1273
1002.33, F.S.; providing for duties of charter school
1274
sponsors and governing boards when charter schools and
1275
charter technical career centers experience a financial
1276
weakness or a financial emergency; specifying forms to be
1277
used by charter school applicants and sponsors; requiring
1278
applicant training and documentation; deleting the
1279
auditing requirements and financial emergency provisions
1280
for charter schools; requiring charters schools to
1281
disclose the identity of relatives of charter school
1282
personnel; providing that the immediate termination of a
1283
charter is exempt from requirements for an informal
1284
hearing or for a hearing under ch. 120, F.S.; revising
1285
provisions relating to eligible students; providing
1286
requirements for the distribution of funds for charter
1287
schools; providing for the disclosure of the performance
1288
of charter schools that are not given a school grade or
1289
school improvement rating; revising the requirements for
1290
providing information to the public on how to form and
1291
operate a charter school; providing reporting
1292
requirements; providing restrictions for the employment of
1293
relatives by charter school personnel; providing for a
1294
waiver by the Commissioner of Education; providing that
1295
members of a charter school governing board are subject to
1296
certain standards of conduct specified in ss. 112.313 and
1297
112.3143, F.S.; amending s. 1002.335, F.S.; eliminating
1298
the requirement for district school boards to annually
1299
seek continued exclusivity from the State Board of
1300
Education; specifying additional components of cosponsor
1301
agreements; amending s. 1002.34, F.S.; providing
1302
additional duties for charter technical career centers,
1303
applicants, sponsors, and governing boards; requiring the
1304
Department of Education to offer or arrange training and
1305
assistance to applicants for a charter technical career
1306
center; requiring that an applicant participate in the
1307
training; creating s. 1002.345, F.S.; establishing
1308
criteria and requirements for charter schools and charter
1309
technical career centers that have financial weaknesses or
1310
are in a state of financial emergency; establishing
1311
requirements for charter schools, charter technical career
1312
centers, governing bodies, and sponsors; requiring
1313
financial audits of charter schools and charter technical
1314
career centers; providing for corrective action and
1315
financial recovery plans; providing for duties of
1316
auditors, the Commissioner of Education, and the
1317
Department of Education; requiring the State Board of
1318
Education to adopt rules; providing grounds for
1319
termination or nonrenewal of a charter;
4/29/2008 2:58:00 PM 4-08965A-08
CODING: Words stricken are deletions; words underlined are additions.