HB 1381

1
A bill to be entitled
2An act relating to charter schools capital outlay funding;
3amending s. 1013.62, F.S.; revising charter school
4eligibility requirements for receipt of capital outlay
5funding; providing an effective date.
6
7Be It Enacted by the Legislature of the State of Florida:
8
9     Section 1.  Paragraph (a) of subsection (1) of section
101013.62, Florida Statutes, is amended to read:
11     1013.62  Charter schools capital outlay funding.--
12     (1)  In each year in which funds are appropriated for
13charter school capital outlay purposes, the Commissioner of
14Education shall allocate the funds among eligible charter
15schools. To be eligible for a funding allocation, a charter
16school must:
17     (a)1.  Have been in operation for 3 or more years or be
18governed by a governing board that has been in operation for 3
19or more years;
20     2.  Be an expanded feeder chain of a charter school within
21the same school district that is currently receiving charter
22school capital outlay funds; or
23     3.  Have been accredited by the Commission on Schools of
24the Southern Association of Colleges and Schools.
25
26The first priority for charter school capital outlay funding
27shall be to allocate to the charter schools that received
28funding in the 2005-2006 fiscal year an allocation of the same
29amount per capital outlay full-time equivalent student up to the
30lesser of the actual number of capital outlay full-time
31equivalent students in the current year or the capital outlay
32full-time equivalent students in the 2005-2006 fiscal year.
33After calculating the first priority, the second priority shall
34be to allocate excess funds remaining in the appropriation in an
35amount equal to the per capital outlay full-time equivalent
36student amount in the first priority calculation to eligible
37charter schools not included in the first priority calculation
38and to schools in the first priority calculation with growth in
39excess of the 2005-2006 capital outlay full-time equivalent
40students. After calculating the first and second priorities,
41excess funds remaining in the appropriation shall be allocated
42to all eligible charter schools. A charter school's allocation
43shall not exceed one-fifteenth of the cost per student station
44specified in s. 1013.64(6)(b). Prior to the release of capital
45outlay funds to a school district on behalf of the charter
46school, the Department of Education shall ensure that the
47district school board and the charter school governing board
48enter into a written agreement that includes provisions for the
49reversion of any unencumbered funds and all equipment and
50property purchased with public education funds to the ownership
51of the district school board, as provided for in subsection (3),
52in the event that the school terminates operations. Any funds
53recovered by the state shall be deposited in the General Revenue
54Fund. A charter school is not eligible for a funding allocation
55if it was created by the conversion of a public school and
56operates in facilities provided by the charter school's sponsor
57for a nominal fee or at no charge or if it is directly or
58indirectly operated by the school district. Unless otherwise
59provided in the General Appropriations Act, the funding
60allocation for each eligible charter school shall be determined
61by multiplying the school's projected student enrollment by one-
62fifteenth of the cost-per-student station specified in s.
631013.64(6)(b) for an elementary, middle, or high school, as
64appropriate. If the funds appropriated are not sufficient, the
65commissioner shall prorate the available funds among eligible
66charter schools. However, no charter school or charter lab
67school shall receive state charter school capital outlay funds
68in excess of the one-fifteenth cost per student station formula
69if the charter school's combination of state charter school
70capital outlay funds, capital outlay funds calculated through
71the reduction in the administrative fee provided in s.
721002.33(20), and capital outlay funds allowed in s.
731002.32(9)(e) and (h) exceeds the one-fifteenth cost per student
74station formula. Funds shall be distributed on the basis of the
75capital outlay full-time equivalent membership by grade level,
76which shall be calculated by averaging the results of the second
77and third enrollment surveys. The Department of Education shall
78distribute capital outlay funds monthly, beginning in the first
79quarter of the fiscal year, based on one-twelfth of the amount
80the department reasonably expects the charter school to receive
81during that fiscal year. The commissioner shall adjust
82subsequent distributions as necessary to reflect each charter
83school's actual student enrollment as reflected in the second
84and third enrollment surveys. The commissioner shall establish
85the intervals and procedures for determining the projected and
86actual student enrollment of eligible charter schools.
87     Section 2.  This act shall take effect July 1, 2009.


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