Florida Senate - 2009 CS for CS for SB 278
By the Committees on Education Pre-K - 12 Appropriations; and
Education Pre-K - 12; and Senator Gaetz
602-05110-09 2009278c2
1 A bill to be entitled
2 An act relating to charter schools; amending ss.
3 11.45, 218.39, 218.50, and 218.501, F.S., relating to
4 audit reports by the Auditor General; conforming
5 provisions to changes made by the act; amending ss.
6 218.503 and 218.504, F.S.; providing that a charter
7 technical career center is subject to certain
8 requirements in a financial emergency; requiring that
9 the sponsor be notified of certain conditions;
10 providing for the development of a financial recovery
11 plan, which may be approved by the Commissioner of
12 Education; amending s. 1002.33, F.S.; providing for
13 duties of a charter school sponsor and governing board
14 if a charter school or charter technical career center
15 experiences a deteriorating financial condition or is
16 in a financial emergency; specifying forms to be used
17 by a charter school applicant and sponsor; requiring
18 applicant training and documentation; deleting
19 requirements relating to auditing and being in a state
20 of financial emergency; requiring charter schools to
21 disclose the identity of relatives of charter school
22 personnel; providing that the immediate termination of
23 a charter is exempt from requirements for an informal
24 hearing or for a hearing under ch. 120, F.S.;
25 providing for the disclosure of the performance of a
26 charter school that is not given a school grade or
27 school improvement rating; revising the requirements
28 for providing certain information to the public;
29 providing reporting requirements; providing
30 restrictions for the employment of relatives by
31 charter school personnel; providing that members of a
32 charter school governing board are subject to certain
33 standards of conduct specified in ss. 112.313 and
34 112.3143, F.S.; amending s. 1002.34, F.S.; providing
35 additional duties for charter technical career
36 centers, applicants, sponsors, and governing boards;
37 requiring the Department of Education to offer or
38 arrange training and assistance to applicants for a
39 charter technical career center; requiring that an
40 applicant participate in the training; creating s.
41 1002.345, F.S.; establishing criteria and requirements
42 for charter schools and charter technical career
43 centers that have a deteriorating financial condition
44 or are in a state of financial emergency; establishing
45 requirements for charter schools, charter technical
46 career centers, governing bodies, and sponsors;
47 providing for corrective action and financial recovery
48 plans; providing for duties of auditors, the
49 Commissioner of Education, and the Department of
50 Education; requiring the State Board of Education to
51 adopt rules; providing grounds for termination or
52 nonrenewal of a charter; providing an effective date.
53
54 Be It Enacted by the Legislature of the State of Florida:
55
56 Section 1. Paragraph (e) of subsection (7) and subsection
57 (8) of section 11.45, Florida Statutes, are amended to read:
58 11.45 Definitions; duties; authorities; reports; rules.—
59 (7) AUDITOR GENERAL REPORTING REQUIREMENTS.—
60 (e) The Auditor General shall notify the Governor or the
61 Commissioner of Education, as appropriate, and the Legislative
62 Auditing Committee of any audit report reviewed by the Auditor
63 General pursuant to paragraph (b) which contains a statement
64 that a local governmental entity, charter school, charter
65 technical career center, or district school board has met one or
66 more of the conditions specified in s. 218.503. If the Auditor
67 General requests a clarification regarding information included
68 in an audit report to determine whether a local governmental
69 entity, charter school, charter technical career center, or
70 district school board has met one or more of the conditions
71 specified in s. 218.503, the requested clarification must be
72 provided within 45 days after the date of the request. If the
73 local governmental entity, charter school, charter technical
74 career center, or district school board does not comply with the
75 Auditor General’s request, the Auditor General shall notify the
76 Legislative Auditing Committee. If, after obtaining the
77 requested clarification, the Auditor General determines that the
78 local governmental entity, charter school, charter technical
79 career center, or district school board has met one or more of
80 the conditions specified in s. 218.503, he or she shall notify
81 the Governor or the Commissioner of Education, as appropriate,
82 and the Legislative Auditing Committee.
83 (8) RULES OF THE AUDITOR GENERAL.—The Auditor General, in
84 consultation with the Board of Accountancy, shall adopt rules
85 for the form and conduct of all financial audits performed by
86 independent certified public accountants pursuant to ss.
87 215.981, 218.39, 1001.453, 1004.28, and 1004.70. The rules for
88 audits of local governmental entities, charter schools, charter
89 technical career centers, and district school boards must
90 include, but are not limited to, requirements for the reporting
91 of information necessary to carry out the purposes of the Local
92 Governmental Entity, Charter School, Charter Technical Career
93 Center, and District School Board Financial Emergencies Act as
94 stated in s. 218.501.
95 Section 2. Subsection (5) of section 218.39, Florida
96 Statutes, is amended to read:
97 218.39 Annual financial audit reports.—
98 (5) At the conclusion of the audit, the auditor shall
99 discuss with the chair of each local governmental entity or the
100 chair’s designee, or with the elected official of each county
101 agency or with the elected official’s designee, or with the
102 chair of the district school board or the chair’s designee, or
103 with the chair of the board of the charter school or the chair’s
104 designee, or with the chair of the charter technical career
105 center or the chair’s designee, as appropriate, all of the
106 auditor’s comments that will be included in the audit report. If
107 the officer is not available to discuss the auditor’s comments,
108 their discussion is presumed when the comments are delivered in
109 writing to his or her office. The auditor shall notify each
110 member of the governing body of a local governmental entity,
111 district school board, or charter school, or charter technical
112 career center for which deteriorating financial conditions exist
113 that may cause a condition described in s. 218.503(1) to occur
114 if actions are not taken to address such conditions.
115 Section 3. Section 218.50, Florida Statutes, is amended to
116 read:
117 218.50 Short title.—Sections 218.50-218.504 may be cited as
118 the “Local Governmental Entity, Charter School, Charter
119 Technical Career Center, and District School Board Financial
120 Emergencies Act.”
121 Section 4. Section 218.501, Florida Statutes, is amended to
122 read:
123 218.501 Purposes.—The purposes of ss. 218.50-218.504 are:
124 (1) To promote the fiscal responsibility of local
125 governmental entities, charter schools, charter technical career
126 centers, and district school boards.
127 (2) To assist local governmental entities, charter schools,
128 charter technical career centers, and district school boards in
129 providing essential services without interruption and in meeting
130 their financial obligations.
131 (3) To assist local governmental entities, charter schools,
132 charter technical career centers, and district school boards
133 through the improvement of local financial management
134 procedures.
135 Section 5. Subsections (1), (2), (3), and (4) of section
136 218.503, Florida Statutes, are amended to read:
137 218.503 Determination of financial emergency.—
138 (1) Local governmental entities, charter schools, charter
139 technical career centers, and district school boards shall be
140 subject to review and oversight by the Governor, the charter
141 school sponsor, the charter technical career center sponsor, or
142 the Commissioner of Education, as appropriate, when any one of
143 the following conditions occurs:
144 (a) Failure within the same fiscal year in which due to pay
145 short-term loans or failure to make bond debt service or other
146 long-term debt payments when due, as a result of a lack of
147 funds.
148 (b) Failure to pay uncontested claims from creditors within
149 90 days after the claim is presented, as a result of a lack of
150 funds.
151 (c) Failure to transfer at the appropriate time, due to
152 lack of funds:
153 1. Taxes withheld on the income of employees; or
154 2. Employer and employee contributions for:
155 a. Federal social security; or
156 b. Any pension, retirement, or benefit plan of an employee.
157 (d) Failure for one pay period to pay, due to lack of
158 funds:
159 1. Wages and salaries owed to employees; or
160 2. Retirement benefits owed to former employees.
161 (e) An unreserved or total fund balance or retained
162 earnings deficit, or unrestricted or total net assets deficit,
163 as reported on the balance sheet or statement of net assets on
164 the general purpose or fund financial statements, for which
165 sufficient resources of the local governmental entity, charter
166 school, charter technical career center, or district school
167 board, as reported on the balance sheet or statement of net
168 assets on the general purpose or fund financial statements, are
169 not available to cover the deficit. Resources available to cover
170 reported deficits include net assets that are not otherwise
171 restricted by federal, state, or local laws, bond covenants,
172 contractual agreements, or other legal constraints. Fixed or
173 capital assets, the disposal of which would impair the ability
174 of a local governmental entity, charter school, charter
175 technical career center, or district school board to carry out
176 its functions, are not considered resources available to cover
177 reported deficits.
178 (2) A local governmental entity shall notify the Governor
179 and the Legislative Auditing Committee, a charter school shall
180 notify the charter school sponsor, the Commissioner of
181 Education, and the Legislative Auditing Committee, a charter
182 technical career center shall notify the charter technical
183 career center sponsor, the Commissioner of Education, and the
184 Legislative Auditing Committee, and a district school board
185 shall notify the Commissioner of Education and the Legislative
186 Auditing Committee, when one or more of the conditions specified
187 in subsection (1) have occurred or will occur if action is not
188 taken to assist the local governmental entity, charter school,
189 charter technical career center, or district school board. In
190 addition, any state agency must, within 30 days after a
191 determination that one or more of the conditions specified in
192 subsection (1) have occurred or will occur if action is not
193 taken to assist the local governmental entity, charter school,
194 charter technical career center, or district school board,
195 notify the Governor, charter school sponsor, charter technical
196 career center sponsor, or the Commissioner of Education, as
197 appropriate, and the Legislative Auditing Committee.
198 (3) Upon notification that one or more of the conditions in
199 subsection (1) have occurred or will occur if action is not
200 taken to assist the local governmental entity or district school
201 board exist, the Governor or his or her designee shall contact
202 the local governmental entity or the Commissioner of Education
203 or his or her designee shall contact the district school board
204 to determine what actions have been taken by the local
205 governmental entity or the district school board to resolve or
206 prevent the condition. The Governor or the Commissioner of
207 Education, as appropriate, shall determine whether the local
208 governmental entity or the district school board needs state
209 assistance to resolve or prevent the condition. If state
210 assistance is needed, the local governmental entity or district
211 school board is considered to be in a state of financial
212 emergency. The Governor or the Commissioner of Education, as
213 appropriate, has the authority to implement measures as set
214 forth in ss. 218.50-218.504 to assist the local governmental
215 entity or district school board in resolving the financial
216 emergency. Such measures may include, but are not limited to:
217 (a) Requiring approval of the local governmental entity’s
218 budget by the Governor or approval of the district school
219 board’s budget by the Commissioner of Education.
220 (b) Authorizing a state loan to a local governmental entity
221 and providing for repayment of same.
222 (c) Prohibiting a local governmental entity or district
223 school board from issuing bonds, notes, certificates of
224 indebtedness, or any other form of debt until such time as it is
225 no longer subject to this section.
226 (d) Making such inspections and reviews of records,
227 information, reports, and assets of the local governmental
228 entity or district school board. The appropriate local officials
229 shall cooperate in such inspections and reviews.
230 (e) Consulting with officials and auditors of the local
231 governmental entity or the district school board and the
232 appropriate state officials regarding any steps necessary to
233 bring the books of account, accounting systems, financial
234 procedures, and reports into compliance with state requirements.
235 (f) Providing technical assistance to the local
236 governmental entity or the district school board.
237 (g)1. Establishing a financial emergency board to oversee
238 the activities of the local governmental entity or the district
239 school board. If a financial emergency board is established for
240 a local governmental entity, the Governor shall appoint board
241 members and select a chair. If a financial emergency board is
242 established for a district school board, the State Board of
243 Education shall appoint board members and select a chair. The
244 financial emergency board shall adopt such rules as are
245 necessary for conducting board business. The board may:
246 a. Make such reviews of records, reports, and assets of the
247 local governmental entity or the district school board as are
248 needed.
249 b. Consult with officials and auditors of the local
250 governmental entity or the district school board and the
251 appropriate state officials regarding any steps necessary to
252 bring the books of account, accounting systems, financial
253 procedures, and reports of the local governmental entity or the
254 district school board into compliance with state requirements.
255 c. Review the operations, management, efficiency,
256 productivity, and financing of functions and operations of the
257 local governmental entity or the district school board.
258 2. The recommendations and reports made by the financial
259 emergency board must be submitted to the Governor for local
260 governmental entities or to the Commissioner of Education and
261 the State Board of Education for district school boards for
262 appropriate action.
263 (h) Requiring and approving a plan, to be prepared by
264 officials of the local governmental entity or the district
265 school board in consultation with the appropriate state
266 officials, prescribing actions that will cause the local
267 governmental entity or district school board to no longer be
268 subject to this section. The plan must include, but need not be
269 limited to:
270 1. Provision for payment in full of obligations outlined in
271 subsection (1), designated as priority items, that are currently
272 due or will come due.
273 2. Establishment of priority budgeting or zero-based
274 budgeting in order to eliminate items that are not affordable.
275 3. The prohibition of a level of operations which can be
276 sustained only with nonrecurring revenues.
277 (4)(a) Upon notification that one or more of the conditions
278 in subsection (1) have occurred or will occur if action is not
279 taken to assist the charter school exist, the charter school
280 sponsor or the sponsor’s designee and the Commissioner of
281 Education shall contact the charter school governing body to
282 determine what actions have been taken by the charter school
283 governing body to resolve or prevent the condition. The
284 Commissioner of Education charter school sponsor has the
285 authority to require and approve a financial recovery plan, to
286 be prepared by the charter school governing body, prescribing
287 actions that will resolve or prevent the condition cause the
288 charter school to no longer be subject to this section. The
289 Department of Education shall establish guidelines for
290 developing such plans.
291 (b) Upon notification that one or more of the conditions in
292 subsection (1) have occurred or will occur if action is not
293 taken to assist the charter technical career center, the charter
294 technical career center sponsor or the sponsor’s designee and
295 the Commissioner of Education shall contact the charter
296 technical career center governing body to determine what actions
297 have been taken by the governing body to resolve or prevent the
298 condition. The Commissioner of Education may require and approve
299 a financial recovery plan, to be prepared by the charter
300 technical career center governing body, prescribing actions that
301 will resolve or prevent the condition.
302 (c) The Commissioner of Education shall determine if the
303 charter school or charter technical career center needs a
304 financial recovery plan to resolve the condition. If the
305 Commissioner of Education determines that a financial recovery
306 plan is needed, the charter school or charter technical career
307 center is considered to be in a state of financial emergency.
308
309 The Department of Education, with the involvement of sponsors,
310 charter schools, and charter technical career centers, shall
311 establish guidelines for developing a financial recovery plan.
312 Section 6. Section 218.504, Florida Statutes, is amended to
313 read:
314 218.504 Cessation of state action.—The Governor or the
315 Commissioner of Education, as appropriate, has the authority to
316 terminate all state actions pursuant to ss. 218.50-218.504.
317 Cessation of state action must not occur until the Governor or
318 the Commissioner of Education, as appropriate, has determined
319 that:
320 (1) The local governmental entity, charter school, charter
321 technical career center, or district school board:
322 (a) Has established and is operating an effective financial
323 accounting and reporting system.
324 (b) Has resolved the conditions outlined in s. 218.503(1).
325 (2) None of the conditions outlined in s. 218.503(1)
326 exists.
327 Section 7. Paragraph (b) of subsection (5), paragraphs (a),
328 (b), and (g) of subsection (6), paragraph (a) of subsection (7),
329 paragraph (d) of subsection (8), paragraphs (g) through (q) of
330 subsection (9), and subsections (21) and (23) of section
331 1002.33, Florida Statutes, are amended, present subsection (24)
332 of that section is redesignated as subsection (26), and new
333 subsections (24) and (25) are added to that section, to read:
334 1002.33 Charter schools.—
335 (5) SPONSOR; DUTIES.—
336 (b) Sponsor duties.—
337 1.a. The sponsor shall monitor and review the charter
338 school in its progress toward the goals established in the
339 charter.
340 b. The sponsor shall monitor the revenues and expenditures
341 of the charter school and perform the duties provided in s.
342 1002.345.
343 c. The sponsor may approve a charter for a charter school
344 before the applicant has identified secured space, equipment, or
345 personnel, if the applicant indicates approval is necessary for
346 it to raise working funds.
347 d. The sponsor’s policies shall not apply to a charter
348 school unless mutually agreed to by both the sponsor and the
349 charter school.
350 e. The sponsor shall ensure that the charter is innovative
351 and consistent with the state education goals established by s.
352 1000.03(5).
353 f. The sponsor shall ensure that the charter school
354 participates in the state’s education accountability system. If
355 a charter school falls short of performance measures included in
356 the approved charter, the sponsor shall report such shortcomings
357 to the Department of Education.
358 g. The sponsor shall not be liable for civil damages under
359 state law for personal injury, property damage, or death
360 resulting from an act or omission of an officer, employee,
361 agent, or governing body of the charter school.
362 h. The sponsor shall not be liable for civil damages under
363 state law for any employment actions taken by an officer,
364 employee, agent, or governing body of the charter school.
365 i. The sponsor’s duties to monitor the charter school shall
366 not constitute the basis for a private cause of action.
367 j. The sponsor shall not impose additional reporting
368 requirements on a charter school without providing reasonable
369 and specific justification in writing to the charter school.
370 2. Immunity for the sponsor of a charter school under
371 subparagraph 1. applies only with respect to acts or omissions
372 not under the sponsor’s direct authority as described in this
373 section.
374 3. Nothing contained in This paragraph does not waive shall
375 be considered a waiver of sovereign immunity by a district
376 school board’s sovereign immunity board.
377 4. A community college may work with the school district or
378 school districts in its designated service area to develop
379 charter schools that offer secondary education. These charter
380 schools must include an option for students to receive an
381 associate degree upon high school graduation. District school
382 boards shall cooperate with and assist the community college on
383 the charter application. Community college applications for
384 charter schools are not subject to the time deadlines outlined
385 in subsection (6) and may be approved by the district school
386 board at any time during the year. Community colleges may shall
387 not report FTE for any students who receive FTE funding through
388 the Florida Education Finance Program.
389 (6) APPLICATION PROCESS AND REVIEW.—Charter school
390 applications are subject to the following requirements:
391 (a) A person or entity wishing to open a charter school
392 shall prepare and submit an application on a model application
393 form prepared by the Department of Education which that:
394 1. Demonstrates how the school will use the guiding
395 principles and meet the statutorily defined purpose of a charter
396 school.
397 2. Provides a detailed curriculum plan that illustrates how
398 students will be provided services to attain the Sunshine State
399 Standards.
400 3. Contains goals and objectives for improving student
401 learning and measuring that improvement. These goals and
402 objectives must indicate how much academic improvement students
403 are expected to show each year, how success will be evaluated,
404 and the specific results to be attained through instruction.
405 4. Describes the reading curriculum and differentiated
406 strategies that will be used for students reading at grade level
407 or higher and a separate curriculum and strategies for students
408 who are reading below grade level. A sponsor shall deny a
409 charter if the school does not propose a reading curriculum that
410 is consistent with effective teaching strategies that are
411 grounded in scientifically based reading research.
412 5. Contains an annual financial plan for each year
413 requested by the charter for operation of the school for up to 5
414 years. This plan must contain anticipated fund balances based on
415 revenue projections, a spending plan based on projected revenues
416 and expenses, and a description of controls that will safeguard
417 finances and projected enrollment trends.
418 6. Documents that the applicant has participated in the
419 training required in subparagraph (g)2. A sponsor may require an
420 applicant to provide additional information as an addendum to
421 the charter school application described in this paragraph.
422 (b) A sponsor shall receive and review all applications for
423 a charter school using an evaluation instrument developed by the
424 Department of Education. Beginning with the 2007-2008 school
425 year, a sponsor shall receive and consider charter school
426 applications received on or before August 1 of each calendar
427 year for charter schools to be opened at the beginning of the
428 school district’s next school year, or to be opened at a time
429 agreed to by the applicant and the sponsor. A sponsor may
430 receive applications later than this date if it chooses. A
431 sponsor may not charge an applicant for a charter any fee for
432 the processing or consideration of an application, and a sponsor
433 may not base its consideration or approval of an application
434 upon the promise of future payment of any kind.
435 1. In order to facilitate an accurate budget projection
436 process, a sponsor shall be held harmless for FTE students who
437 are not included in the FTE projection due to approval of
438 charter school applications after the FTE projection deadline.
439 In a further effort to facilitate an accurate budget projection,
440 within 15 calendar days after receipt of a charter school
441 application, a sponsor shall report to the Department of
442 Education the name of the applicant entity, the proposed charter
443 school location, and its projected FTE.
444 2. In order to ensure fiscal responsibility, an application
445 for a charter school shall include a full accounting of expected
446 assets, a projection of expected sources and amounts of income,
447 including income derived from projected student enrollments and
448 from community support, and an expense projection that includes
449 full accounting of the costs of operation, including start-up
450 costs.
451 3. A sponsor shall by a majority vote approve or deny an
452 application no later than 60 calendar days after the application
453 is received, unless the sponsor and the applicant mutually agree
454 in writing to temporarily postpone the vote to a specific date,
455 at which time the sponsor shall by a majority vote approve or
456 deny the application. If the sponsor fails to act on the
457 application, an applicant may appeal to the State Board of
458 Education as provided in paragraph (c). If an application is
459 denied, the sponsor shall, within 10 calendar days after such
460 denial, articulate in writing the specific reasons, based upon
461 good cause, supporting its denial of the charter application and
462 shall provide the letter of denial and supporting documentation
463 to the applicant and to the Department of Education supporting
464 those reasons.
465 4. For budget projection purposes, the sponsor shall report
466 to the Department of Education the approval or denial of a
467 charter application within 10 calendar days after such approval
468 or denial. In the event of approval, the report to the
469 Department of Education shall include the final projected FTE
470 for the approved charter school.
471 5. Upon approval of a charter application, the initial
472 startup shall commence with the beginning of the public school
473 calendar for the district in which the charter is granted unless
474 the sponsor allows a waiver of this subparagraph provision for
475 good cause.
476 (g)1. The Department of Education shall offer or arrange
477 for training and technical assistance to charter school
478 applicants in developing business plans and estimating costs and
479 income. This assistance shall address estimating startup costs,
480 projecting enrollment, and identifying the types and amounts of
481 state and federal financial assistance the charter school may
482 will be eligible to receive. The department may provide other
483 technical assistance to an applicant upon written request.
484 2. A charter school applicant must participate in the
485 training provided by the Department of Education before filing
486 an application. However, a sponsor may require the charter
487 school applicant to attend training provided by the sponsor in
488 lieu of the department’s training if the sponsor’s training
489 standards meet or exceed the standards developed by the
490 Department of Education. The training shall include instruction
491 in accurate financial planning and good business practices. If
492 the applicant is a management company or other nonprofit
493 organization, the charter school principal and the chief
494 financial officer or his or her equivalent must also participate
495 in the training.
496 (7) CHARTER.—The major issues involving the operation of a
497 charter school shall be considered in advance and written into
498 the charter. The charter shall be signed by the governing body
499 of the charter school and the sponsor, following a public
500 hearing to ensure community input.
501 (a) The charter shall address, and criteria for approval of
502 the charter shall be based on:
503 1. The school’s mission, the students to be served, and the
504 ages and grades to be included.
505 2. The focus of the curriculum, the instructional methods
506 to be used, any distinctive instructional techniques to be
507 employed, and identification and acquisition of appropriate
508 technologies needed to improve educational and administrative
509 performance which include a means for promoting safe, ethical,
510 and appropriate uses of technology which comply with legal and
511 professional standards. The charter shall ensure that reading is
512 a primary focus of the curriculum and that resources are
513 provided to identify and provide specialized instruction for
514 students who are reading below grade level. The curriculum and
515 instructional strategies for reading must be consistent with the
516 Sunshine State Standards and grounded in scientifically based
517 reading research.
518 3. The current incoming baseline standard of student
519 academic achievement, the outcomes to be achieved, and the
520 method of measurement that will be used. The criteria listed in
521 this subparagraph shall include a detailed description for each
522 of the following:
523 a. How the baseline student academic achievement levels and
524 prior rates of academic progress will be established.
525 b. How these baseline rates will be compared to rates of
526 academic progress achieved by these same students while
527 attending the charter school.
528 c. To the extent possible, how these rates of progress will
529 be evaluated and compared with rates of progress of other
530 closely comparable student populations.
531
532 The district school board is required to provide academic
533 student performance data to charter schools for each of their
534 students coming from the district school system, as well as
535 rates of academic progress of comparable student populations in
536 the district school system.
537 4. The methods used to identify the educational strengths
538 and needs of students and how well educational goals and
539 performance standards are met by students attending the charter
540 school. Included in The methods shall provide is a means for the
541 charter school to ensure accountability to its constituents by
542 analyzing student performance data and by evaluating the
543 effectiveness and efficiency of its major educational programs.
544 Students in charter schools shall, at a minimum, participate in
545 the statewide assessment program created under s. 1008.22.
546 5. In secondary charter schools, a method for determining
547 that a student has satisfied the requirements for graduation in
548 s. 1003.43.
549 6. A method for resolving conflicts between the governing
550 body of the charter school and the sponsor.
551 7. The admissions procedures and dismissal procedures,
552 including the school’s code of student conduct.
553 8. The ways by which the school will achieve a
554 racial/ethnic balance reflective of the community it serves or
555 within the racial/ethnic range of other public schools in the
556 same school district.
557 9. The financial and administrative management of the
558 school, including a reasonable demonstration of the professional
559 experience or competence of those individuals or organizations
560 applying to operate the charter school or those hired or
561 retained to perform such professional services and the
562 description of clearly delineated responsibilities and the
563 policies and practices needed to effectively manage the charter
564 school. A description of internal audit procedures and
565 establishment of controls to ensure that financial resources are
566 properly managed must be included. Both public sector and
567 private sector professional experience shall be equally valid in
568 such a consideration.
569 10. The asset and liability projections required in the
570 application which are incorporated into the charter and which
571 shall be compared with information provided in the annual report
572 of the charter school. The charter shall ensure that, if a
573 charter school internal audit or annual financial audit reveals
574 a state of financial emergency as defined in s. 218.503 or
575 deficit financial position, the auditors are required to notify
576 the charter school governing board, the sponsor, and the
577 Department of Education. The internal auditor shall report such
578 findings in the form of an exit interview to the principal or
579 the principal administrator of the charter school and the chair
580 of the governing board within 7 working days after finding the
581 state of financial emergency or deficit position. A final report
582 shall be provided to the entire governing board, the sponsor,
583 and the Department of Education within 14 working days after the
584 exit interview. When a charter school is in a state of financial
585 emergency, the charter school shall file a detailed financial
586 recovery plan with the sponsor. The department, with the
587 involvement of both sponsors and charter schools, shall
588 establish guidelines for developing such plans.
589 11. A description of procedures that identify various risks
590 and provide for a comprehensive approach to reduce the impact of
591 losses; plans to ensure the safety and security of students and
592 staff; plans to identify, minimize, and protect others from
593 violent or disruptive student behavior; and the manner in which
594 the school will be insured, including whether or not the school
595 will be required to have liability insurance, and, if so, the
596 terms and conditions thereof and the amounts of coverage.
597 12. The term of the charter which shall provide for
598 cancellation of the charter if insufficient progress has been
599 made in attaining the student achievement objectives of the
600 charter and if it is not likely that such objectives can be
601 achieved before expiration of the charter. The initial term of a
602 charter shall be for 4 or 5 years. In order to facilitate access
603 to long-term financial resources for charter school
604 construction, charter schools that are operated by a
605 municipality or other public entity as provided by law are
606 eligible for up to a 15-year charter, subject to approval by the
607 district school board. A charter lab school is eligible for a
608 charter for a term of up to 15 years. In addition, to facilitate
609 access to long-term financial resources for charter school
610 construction, charter schools that are operated by a private,
611 not-for-profit, s. 501(c)(3) status corporation are eligible for
612 up to a 15-year charter, subject to approval by the district
613 school board. Such long-term charters remain subject to annual
614 review and may be terminated during the term of the charter, but
615 only according to the provisions set forth in subsection (8).
616 13. The facilities to be used and their location.
617 14. The qualifications to be required of the teachers and
618 the potential strategies used to recruit, hire, train, and
619 retain qualified staff to achieve best value.
620 15. The governance structure of the school, including the
621 status of the charter school as a public or private employer as
622 required in paragraph (12)(i).
623 16. A timetable for implementing the charter which
624 addresses the implementation of each element thereof and the
625 date by which the charter shall be awarded in order to meet this
626 timetable.
627 17. In the case of an existing public school that is being
628 converted to charter status, alternative arrangements for
629 current students who choose not to attend the charter school and
630 for current teachers who choose not to teach in the charter
631 school after conversion in accordance with the existing
632 collective bargaining agreement or district school board rule in
633 the absence of a collective bargaining agreement. However,
634 alternative arrangements shall not be required for current
635 teachers who choose not to teach in a charter lab school, except
636 as authorized by the employment policies of the state university
637 which grants the charter to the lab school.
638 18. Full disclosure of the identity of all relatives
639 employed by the charter school who are related to the charter
640 school owner, president, chairperson of the governing board of
641 directors, superintendent, governing board member, principal,
642 assistant principal, or any other person employed by the charter
643 school who has equivalent decisionmaking authority. For the
644 purpose of this subparagraph, the term “relative” means father,
645 mother, son, daughter, brother, sister, uncle, aunt, first
646 cousin, nephew, niece, husband, wife, father-in-law, mother-in
647 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
648 stepfather, stepmother, stepson, stepdaughter, stepbrother,
649 stepsister, half brother, or half sister.
650 (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.—
651 (d) A charter may be terminated immediately if the sponsor
652 determines that good cause has been shown or if the health,
653 safety, or welfare of the students is threatened. The sponsor’s
654 determination is not subject to an informal hearing under
655 paragraph (b) or pursuant to chapter 120. The sponsor shall
656 notify in writing the charter school’s governing body, the
657 charter school principal, and the department if a charter is
658 immediately terminated. The sponsor shall clearly identify the
659 specific issues that resulted in the immediate termination and
660 provide evidence of prior notification of issues resulting in
661 the immediate termination when appropriate. The school district
662 in which the charter school is located shall assume operation of
663 the school under these circumstances. The charter school’s
664 governing board may, within 30 days after receiving the
665 sponsor’s decision to terminate the charter, appeal the decision
666 pursuant to the procedure established in subsection (6).
667 (9) CHARTER SCHOOL REQUIREMENTS.—
668 (g) A charter school shall provide for an annual financial
669 audit in accordance with s. 218.39. Financial audits that reveal
670 a state of financial emergency as defined in s. 218.503 and are
671 conducted by a certified public accountant or auditor in
672 accordance with s. 218.39 shall be provided to the governing
673 body of the charter school within 7 working days after finding
674 that a state of financial emergency exists. When a charter
675 school is found to be in a state of financial emergency by a
676 certified public accountant or auditor, the charter school must
677 file a detailed financial recovery plan with the sponsor within
678 30 days after receipt of the audit.
679 (g)(h) In order to provide financial information that is
680 comparable to that reported for other public schools, charter
681 schools are to maintain all financial records that which
682 constitute their accounting system:
683 1. In accordance with the accounts and codes prescribed in
684 the most recent issuance of the publication titled “Financial
685 and Program Cost Accounting and Reporting for Florida Schools”;
686 or
687 2. At the discretion of the charter school governing board,
688 a charter school may elect to follow generally accepted
689 accounting standards for not-for-profit organizations, but must
690 reformat this information for reporting according to this
691 paragraph.
692
693 Charter schools shall provide annual financial report and
694 program cost report information in the state-required formats
695 for inclusion in district reporting in compliance with s.
696 1011.60(1). Charter schools that are operated by a municipality
697 or are a component unit of a parent nonprofit organization may
698 use the accounting system of the municipality or the parent but
699 must reformat this information for reporting according to this
700 paragraph. A charter school shall provide a monthly financial
701 statement to the sponsor. The monthly financial statement shall
702 be in a form prescribed by the Department of Education.
703 (h)(i) The governing board of the charter school shall
704 annually adopt and maintain an operating budget.
705 (i)(j) The governing body of the charter school shall
706 exercise continuing oversight over charter school operations.
707 (j)(k) The governing body of the charter school shall be
708 responsible for:
709 1. Ensuring that the charter school has retained the
710 services of a certified public accountant or auditor for the
711 annual financial audit, pursuant to s. 1002.345(2) paragraph
712 (g), who shall submit the report to the governing body.
713 2. Reviewing and approving the audit report, including
714 audit findings and recommendations for the financial recovery
715 plan.
716 3.a. Performing the duties in s. 1002.345, including
717 monitoring a corrective action plan.
718 b. Monitoring a financial recovery plan in order to ensure
719 compliance.
720 4. Participating in governance training approved by the
721 department which that must include government in the sunshine,
722 conflicts of interest, ethics, and financial responsibility.
723 (k)(l) The governing body of the charter school shall
724 report its progress annually to its sponsor, which shall forward
725 the report to the Commissioner of Education at the same time as
726 other annual school accountability reports. The Department of
727 Education shall develop a uniform, online annual accountability
728 report to be completed by charter schools. This report shall be
729 easy to utilize and contain demographic information, student
730 performance data, and financial accountability information. A
731 charter school shall not be required to provide information and
732 data that is duplicative and already in the possession of the
733 department. The Department of Education shall include in its
734 compilation a notation if a school failed to file its report by
735 the deadline established by the department. The report shall
736 include at least the following components:
737 1. Student achievement performance data, including the
738 information required for the annual school report and the
739 education accountability system governed by ss. 1008.31 and
740 1008.345. Charter schools are subject to the same accountability
741 requirements as other public schools, including reports of
742 student achievement information that links baseline student data
743 to the school’s performance projections identified in the
744 charter. The charter school shall identify reasons for any
745 difference between projected and actual student performance.
746 2. Financial status of the charter school which must
747 include revenues and expenditures at a level of detail that
748 allows for analysis of the charter school’s ability to meet
749 financial obligations and timely repayment of debt.
750 3. Documentation of the facilities in current use and any
751 planned facilities for use by the charter school for instruction
752 of students, administrative functions, or investment purposes.
753 4. Descriptive information about the charter school’s
754 personnel, including salary and benefit levels of charter school
755 employees, the proportion of instructional personnel who hold
756 professional or temporary certificates, and the proportion of
757 instructional personnel teaching in-field or out-of-field.
758 (l)(m) A charter school shall not levy taxes or issue bonds
759 secured by tax revenues.
760 (m)(n) A charter school shall provide instruction for at
761 least the number of days required by law for other public
762 schools, and may provide instruction for additional days.
763 (n)(o) The director and a representative of the governing
764 body of a charter school that has received a school grade of “D”
765 under s. 1008.34(2) shall appear before the sponsor or the
766 sponsor’s staff at least once a year to present information
767 concerning each contract component having noted deficiencies.
768 The sponsor shall communicate at the meeting, and in writing to
769 the director, the services provided to the school to help the
770 school address its deficiencies.
771 (o)(p) Upon notification that a charter school receives a
772 school grade of “D” for 2 consecutive years or a school grade of
773 “F” under s. 1008.34(2), the charter school sponsor or the
774 sponsor’s staff shall require the director and a representative
775 of the governing body to submit to the sponsor for approval a
776 school improvement plan to raise student achievement and to
777 implement the plan. The sponsor has the authority to approve a
778 school improvement plan that the charter school will implement
779 in the following school year. The sponsor may also consider the
780 State Board of Education’s recommended action pursuant to s.
781 1008.33(1) as part of the school improvement plan. The
782 Department of Education shall offer technical assistance and
783 training to the charter school and its governing body and
784 establish guidelines for developing, submitting, and approving
785 such plans.
786 1. If the charter school fails to improve its student
787 performance from the year immediately prior to the
788 implementation of the school improvement plan, the sponsor shall
789 place the charter school on probation and shall require the
790 charter school governing body to take one of the following
791 corrective actions:
792 a. Contract for the educational services of the charter
793 school;
794 b. Reorganize the school at the end of the school year
795 under a new director or principal who is authorized to hire new
796 staff and implement a plan that addresses the causes of
797 inadequate progress; or
798 c. Reconstitute the charter school.
799 2. A charter school that is placed on probation shall
800 continue the corrective actions required under subparagraph 1.
801 until the charter school improves its student performance from
802 the year prior to the implementation of the school improvement
803 plan.
804 3. Notwithstanding any provision of this paragraph, the
805 sponsor may terminate the charter at any time pursuant to the
806 provisions of subsection (8).
807 (p)(q) The director and a representative of the governing
808 body of a graded charter school that has submitted a school
809 improvement plan or has been placed on probation under paragraph
810 (o) (p) shall appear before the sponsor or the sponsor’s staff
811 at least once a year to present information regarding the
812 corrective strategies that are being implemented by the school
813 pursuant to the school improvement plan. The sponsor shall
814 communicate at the meeting, and in writing to the director, the
815 services provided to the school to help the school address its
816 deficiencies.
817 (21) PUBLIC INFORMATION ON CHARTER SCHOOLS.—
818 (a) The Department of Education shall provide information
819 to the public, directly and through sponsors, both on how to
820 form and operate a charter school and on how to enroll in a
821 charter school schools once it is they are created. This
822 information shall include a standard application format, charter
823 format, evaluation instrument, and charter renewal format, which
824 shall include the information specified in subsection (7) and
825 shall be developed by consulting and negotiating with both
826 school districts and charter schools before implementation. The
827 charter and charter renewal These formats shall be used as
828 guidelines by charter school sponsors.
829 (b)1. The Department of Education shall report student
830 assessment data pursuant to s. 1008.34(3)(c) which is reported
831 to schools that receive a school grade or student assessment
832 data pursuant to s. 1008.341(3) which is reported to alternative
833 schools that receive a school improvement rating to each charter
834 school that:
835 a. Does not receive a school grade pursuant to s. 1008.34
836 or a school improvement rating pursuant to s. 1008.341; and
837 b. Serves at least 10 students who are tested on the
838 statewide assessment test pursuant to s. 1008.22.
839 2. The charter school shall report the information in
840 subparagraph 1. to each parent of a student at the charter
841 school, the parent of a child on a waiting list for the charter
842 school, the district in which the charter school is located, and
843 the governing board of the charter school. This paragraph does
844 not abrogate the provisions of s. 1002.22, relating to student
845 records, or the requirements of 20 U.S.C. s. 1232g, the Family
846 Educational Rights and Privacy Act.
847 3.a. Pursuant to this paragraph, the Department of
848 Education shall compare the charter school student performance
849 data for each charter school in subparagraph 1. with the student
850 performance data in traditional public schools in the district
851 in which the charter school is located and other charter schools
852 in the state. For alternative charter schools, the department
853 shall compare the student performance data described in this
854 paragraph with all alternative schools in the state. The
855 comparative data shall be provided by the following grade
856 groupings:
857 (I) Grades 3 through 5;
858 (II) Grades 6 through 8; and
859 (III) Grades 9 through 11.
860 b. Each charter school shall provide the information
861 specified in this paragraph on its Internet website and also
862 provide notice to the public at large in a manner provided by
863 the rules of the State Board of Education. The State Board of
864 Education shall adopt rules to administer the notice
865 requirements of this subparagraph pursuant to ss. 120.536(1) and
866 120.54. The website shall include, through links or actual
867 content, other information related to school performance.
868 (23) ANALYSIS OF CHARTER SCHOOL PERFORMANCE.—Upon receipt
869 of the annual report required by paragraph (9)(k) (9)(l), the
870 Department of Education shall provide to the State Board of
871 Education, the Commissioner of Education, the Governor, the
872 President of the Senate, and the Speaker of the House of
873 Representatives an analysis and comparison of the overall
874 performance of charter school students, to include all students
875 whose scores are counted as part of the statewide assessment
876 program, versus comparable public school students in the
877 district as determined by the statewide assessment program
878 currently administered in the school district, and other
879 assessments administered pursuant to s. 1008.22(3).
880 (24) RESTRICTION ON EMPLOYMENT OF RELATIVES.—
881 (a) This subsection applies to charter school personnel in
882 a charter school operated by a private entity. As used in this
883 subsection, the term:
884 1. “Charter school personnel” means a charter school owner,
885 president, chairperson of the governing board of directors,
886 superintendent, governing board member, principal, assistant
887 principal, or any other person employed by the charter school
888 who has equivalent decisionmaking authority and in whom is
889 vested the authority, or to whom the authority has been
890 delegated, to appoint, employ, promote, or advance individuals
891 or to recommend individuals for appointment, employment,
892 promotion, or advancement in connection with employment in a
893 charter school, including the authority as a member of a
894 governing body of a charter school to vote on the appointment,
895 employment, promotion, or advancement of individuals.
896 2. “Relative” means father, mother, son, daughter, brother,
897 sister, uncle, aunt, first cousin, nephew, niece, husband, wife,
898 father-in-law, mother-in-law, son-in-law, daughter-in-law,
899 brother-in-law, sister-in-law, stepfather, stepmother, stepson,
900 stepdaughter, stepbrother, stepsister, half brother, or half
901 sister.
902 (b) Charter school personnel may not appoint, employ,
903 promote, or advance, or advocate for appointment, employment,
904 promotion, or advancement, in or to a position in the charter
905 school in which the personnel are serving or over which the
906 personnel exercises jurisdiction or control any individual who
907 is a relative. An individual may not be appointed, employed,
908 promoted, or advanced in or to a position in a charter school if
909 such appointment, employment, promotion, or advancement has been
910 advocated by charter school personnel who serve in or exercise
911 jurisdiction or control over the charter school and who is a
912 relative of the individual or if such appointment, employment,
913 promotion, or advancement is made by the governing board of
914 which a relative of the individual is a member.
915 (c) The approval of budgets does not constitute
916 “jurisdiction or control” for the purposes of this subsection.
917
918 Charter school personnel in schools operated by a municipality
919 or other public entity are subject to s. 112.3135.
920 (25) STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.—
921 (a) A member of a governing board of a charter school,
922 including a charter school operated by a private entity, is
923 subject to ss. 112.313(2), (3), (7), and (12) and 112.3143(3).
924 (b) A member of a governing board of a charter school
925 operated by a municipality or other public entity is subject to
926 s. 112.3144, which relates to the disclosure of financial
927 interests.
928 Section 8. Subsections (4) and (5), paragraphs (d) and (f)
929 of subsection (6), paragraph (c) of subsection (10), paragraph
930 (f) of subsection (11), and subsection (13) of section 1002.34,
931 Florida Statutes, are amended to read:
932 1002.34 Charter technical career centers.—
933 (4) CHARTER.—A sponsor may designate centers as provided in
934 this section. An application to establish a center may be
935 submitted by a sponsor or another organization that is
936 determined, by rule of the State Board of Education, to be
937 appropriate. However, an independent school is not eligible for
938 status as a center. The charter must be signed by the governing
939 body of the center and the sponsor, and must be approved by the
940 district school board and community college board of trustees in
941 whose geographic region the facility is located. If a charter
942 technical career center is established by the conversion to
943 charter status of a public technical center formerly governed by
944 a district school board, the charter status of that center takes
945 precedence in any question of governance. The governance of the
946 center or of any program within the center remains with its
947 board of directors unless the board agrees to a change in
948 governance or its charter is revoked as provided in subsection
949 (15). Such a conversion charter technical career center is not
950 affected by a change in the governance of public technical
951 centers or of programs within other centers that are or have
952 been governed by district school boards. A charter technical
953 career center, or any program within such a center, that was
954 governed by a district school board and transferred to a
955 community college prior to the effective date of this act is not
956 affected by this provision. An applicant who wishes to establish
957 a center must submit to the district school board or community
958 college board of trustees, or a consortium of one or more of
959 each, an application on a form developed by the Department of
960 Education which that includes:
961 (a) The name of the proposed center.
962 (b) The proposed structure of the center, including a list
963 of proposed members of the board of directors or a description
964 of the qualifications for and method of their appointment or
965 election.
966 (c) The workforce development goals of the center, the
967 curriculum to be offered, and the outcomes and the methods of
968 assessing the extent to which the outcomes are met.
969 (d) The admissions policy and criteria for evaluating the
970 admission of students.
971 (e) A description of the staff responsibilities and the
972 proposed qualifications of the teaching staff.
973 (f) A description of the procedures to be implemented to
974 ensure significant involvement of representatives of business
975 and industry in the operation of the center.
976 (g) A method for determining whether a student has
977 satisfied the requirements for graduation specified in s.
978 1003.43 and for completion of a postsecondary certificate or
979 degree.
980 (h) A method for granting secondary and postsecondary
981 diplomas, certificates, and degrees.
982 (i) A description of and address for the physical facility
983 in which the center will be located.
984 (j) A method for of resolving conflicts between the
985 governing body of the center and the sponsor and between
986 consortium members, if applicable.
987 (k) A method for reporting student data as required by law
988 and rule.
989 (l) A statement that the applicant has participated in the
990 training provided by the Department of Education.
991 (m) The identity of all relatives employed by the charter
992 technical career center who are related to the center owner,
993 president, chairperson of the governing board of directors,
994 superintendent, governing board member, principal, assistant
995 principal, or any other person employed by the center who has
996 equivalent decisionmaking authority. As used in this paragraph,
997 the term “relative” means father, mother, son, daughter,
998 brother, sister, uncle, aunt, first cousin, nephew, niece,
999 husband, wife, father-in-law, mother-in-law, son-in-law,
1000 daughter-in-law, brother-in-law, sister-in-law, stepfather,
1001 stepmother, stepson, stepdaughter, stepbrother, stepsister, half
1002 brother, or half sister.
1003 (m)(l) Other information required by the district school
1004 board or community college board of trustees.
1005
1006 Students at a center must meet the same testing and academic
1007 performance standards as those established by law and rule for
1008 students at public schools and public technical centers. The
1009 students must also meet any additional assessment indicators
1010 that are included within the charter approved by the district
1011 school board or community college board of trustees.
1012 (5) APPLICATION.—An application to establish a center must
1013 be submitted by February 1 of the year preceding the school year
1014 in which the center will begin operation. The sponsor must
1015 review the application using an evaluation instrument developed
1016 by the Department of Education and make a final decision on
1017 whether to approve the application and grant the charter by
1018 March 1, and may condition the granting of a charter on the
1019 center’s taking certain actions or maintaining certain
1020 conditions. Such actions and conditions must be provided to the
1021 applicant in writing. The district school board or community
1022 college board of trustees is not required to issue a charter to
1023 any person.
1024 (6) SPONSOR.—A district school board or community college
1025 board of trustees or a consortium of one or more of each may
1026 sponsor a center in the county in which the board has
1027 jurisdiction.
1028 (d)1. The Department of Education shall offer or arrange
1029 for training and technical assistance to applicants in
1030 developing business plans and estimating costs and income. This
1031 assistance shall address estimating startup costs, projecting
1032 enrollment, and identifying the types and amounts of state and
1033 federal financial assistance the center may be eligible to
1034 receive. The training shall include instruction in accurate
1035 financial planning and good business practices.
1036 2. An applicant must participate in the training provided
1037 by the Department of Education before filing an application. The
1038 Department of Education may provide technical assistance to an
1039 applicant upon written request.
1040 (f) The sponsor shall monitor and review the center’s
1041 progress toward charter goals and shall monitor the center’s
1042 revenues and expenditures. The sponsor shall perform the duties
1043 provided in s. 1002.345.
1044 (10) EXEMPTION FROM STATUTES.—
1045 (c) A center must comply with the antidiscrimination
1046 provisions in of s. 1000.05 and the provisions in s. 1002.33(24)
1047 which relate to the employment of relatives.
1048 (11) FUNDING.—
1049 (f) A center shall provide for an annual financial audit in
1050 accordance with s. 218.39. A center shall provide a monthly
1051 financial statement to the sponsor. The monthly financial
1052 statement shall be in a form prescribed by the Department of
1053 Education.
1054 (13) BOARD OF DIRECTORS AUTHORITY.—The board of directors
1055 of a center may decide matters relating to the operation of the
1056 school, including budgeting, curriculum, and operating
1057 procedures, subject to the center’s charter. The board of
1058 directors is responsible for performing the duties provided in
1059 s. 1002.345, including monitoring the corrective action plan.
1060 The board of directors must comply with s. 1002.33(25).
1061 Section 9. Section 1002.345, Florida Statutes, is created
1062 to read:
1063 1002.345 Determination of deteriorating financial
1064 conditions and financial emergencies for charter schools and
1065 charter technical career centers.—This section applies to
1066 charter schools operating pursuant to s. 1002.33 and to charter
1067 technical career centers operating pursuant to s. 1002.34.
1068 (1) EXPEDITED REVIEW; REQUIREMENTS.—
1069 (a) A charter school or a charter technical career center
1070 is subject to an expedited review by the sponsor if one of the
1071 following occurs:
1072 1. Failure to provide for an audit required by s. 218.39.
1073 2. Failure to comply with reporting requirements pursuant
1074 to s. 1002.33(9) or s. 1002.34(11)(f) or (14).
1075 3. A deteriorating financial condition identified through
1076 an annual audit pursuant to s. 218.39(5) or a monthly financial
1077 statement pursuant to s. 1002.33(9)(g) or s. 1002.34(11)(f).
1078 “Deteriorating financial condition” means a circumstance that
1079 significantly impairs the ability of a charter school or a
1080 charter technical career center to generate enough revenues to
1081 meet its expenditures without causing the occurrence of a
1082 condition described in s. 218.503(1).
1083 4. Notification pursuant to s. 218.503(2) that one or more
1084 of the conditions specified in s. 218.503(1) have occurred or
1085 will occur if action is not taken to assist the charter school
1086 or charter technical career center.
1087 (b) A sponsor shall notify the governing board within 7
1088 business days after one or more of the conditions specified in
1089 paragraph (a) occur.
1090 (c) The governing board and the sponsor shall develop a
1091 corrective action plan and file the plan with the Commissioner
1092 of Education within 30 business days after notification is
1093 received as provided in paragraph (b). If the governing board
1094 and the sponsor are unable to agree on a corrective action plan,
1095 the Commissioner of Education shall determine the components of
1096 the plan. The governing board shall implement such plan.
1097 (d) The governing board shall include the corrective action
1098 plan and the status of its implementation in the annual progress
1099 report to the sponsor which is required pursuant to s.
1100 1002.33(9)(k) or s. 1002.34(14).
1101 (e) If the governing board fails to implement the
1102 corrective action plan within 1 year after one or more of the
1103 conditions specified in paragraph (a) occur, the State Board of
1104 Education shall prescribe any steps necessary for the charter
1105 school or the charter technical career center to comply with
1106 state requirements.
1107 (f) The chair of the governing board shall annually appear
1108 before the State Board of Education and report on the
1109 implementation of the State Board of Education’s requirements
1110 referenced in paragraph (e).
1111 (2) FINANCIAL EMERGENCY; REQUIREMENTS.—
1112 (a)1. If a financial audit conducted by a certified public
1113 accountant in accordance with s. 218.39 reveals that one or more
1114 of the conditions in s. 218.503(1) have occurred or will occur
1115 if action is not taken to assist the charter school or charter
1116 technical career center, the auditor shall notify the governing
1117 board of the charter school or charter technical career center,
1118 as appropriate, the sponsor, and the Commissioner of Education
1119 within 7 business days after the finding is made.
1120 2. If the charter school or charter technical career center
1121 is found to be in a state of financial emergency pursuant to s.
1122 218.503(4), the charter school or charter technical career
1123 center shall file a financial recovery plan pursuant to s.
1124 218.503 with the sponsor and the Commissioner of Education
1125 within 30 days after being notified by the Commissioner of
1126 Education that a financial recovery plan is needed.
1127 (b) The governing board shall include the financial
1128 recovery plan and the status of its implementation in the annual
1129 progress report to the sponsor which is required under s.
1130 1002.33(9)(k) or s. 1002.34(14).
1131 (3) REPORT.—The Commissioner of Education shall annually
1132 report to the State Board of Education each charter school and
1133 charter technical career center that is subject to a financial
1134 recovery plan or a corrective action plan under this section.
1135 (4) RULES.—The State Board of Education shall adopt rules
1136 pursuant to ss. 120.536(1) and 120.54 for developing financial
1137 recovery and corrective action plans, defining a deteriorating
1138 financial condition pursuant to subparagraph (1)(a)3., and
1139 establishing procedures for determining a deteriorating
1140 financial condition pursuant to subparagraph (1)(a)3. and s.
1141 218.39(5). In adopting the rules, the State Board of Education
1142 may obtain technical assistance from the Auditor General.
1143 (5) TECHNICAL ASSISTANCE.—The Department of Education shall
1144 provide technical assistance to charter schools, charter
1145 technical career centers, governing boards, and sponsors in
1146 developing financial recovery and corrective action plans.
1147 (6) FAILURE TO CORRECT DEFICIENCIES.—The sponsor may decide
1148 not to renew or may terminate a charter if the charter school or
1149 charter technical career center fails to correct the
1150 deficiencies noted in the corrective action plan within 1 year
1151 after being notified of the deficiencies or exhibits one or more
1152 financial emergency conditions specified in s. 218.503 for 2
1153 consecutive years. This subsection does not affect a sponsor’s
1154 authority to terminate or not renew a charter pursuant to s.
1155 1002.33(8).
1156 Section 10. This act shall take effect July 1, 2009.