| 1 | A bill to be entitled |
| 2 | An act relating to charter schools; creating s. 1002.337, |
| 3 | F.S.; providing a short title; providing legislative |
| 4 | findings; establishing the School Grade Improvement |
| 5 | Commission, an independent, state-level commission under |
| 6 | the supervision of the State Board of Education; requiring |
| 7 | the commission to collaborate with school districts, the |
| 8 | Department of Education, and the State Board of Education |
| 9 | to support innovative charter schools when invited by a |
| 10 | school district and to develop and support remedial |
| 11 | charter schools as an alternative to public schools found |
| 12 | by the state to be chronically failing; providing for |
| 13 | funding of the commission through an existing |
| 14 | administrative fee available to charter school sponsors, |
| 15 | private contributions, federal funds, and institutional |
| 16 | grants; providing for appointment of commission members by |
| 17 | the State Board of Education based on recommendations by |
| 18 | the Governor, the President of the Senate, and the Speaker |
| 19 | of the House of Representatives; providing for member |
| 20 | terms and commission meetings; providing powers of the |
| 21 | commission, including, but not limited to, assistance in |
| 22 | the establishment of charter schools, investigation of the |
| 23 | reasons for school failure, and evaluation of the academic |
| 24 | and financial performance of charter schools; authorizing |
| 25 | a district school board to invite the commission to |
| 26 | establish a new charter school within the geographic |
| 27 | boundaries of the school district; authorizing the |
| 28 | commission to establish a remedial charter school within |
| 29 | certain school zones; authorizing agreement for the use of |
| 30 | school facilities and equipment; authorizing an existing |
| 31 | charter school to apply to the commission to change |
| 32 | sponsors under certain conditions; providing requirements |
| 33 | for application; providing that specified statutory |
| 34 | requirements apply to the commission, charter schools, and |
| 35 | school districts, with certain exceptions relating to the |
| 36 | charter contract; providing for terms of a charter |
| 37 | contract and authorizing a district school board to apply |
| 38 | to assume full control of a charter school under certain |
| 39 | conditions; providing for termination or nonrenewal of a |
| 40 | charter contract; requiring school district funding of a |
| 41 | charter school and authorizing additional funding; |
| 42 | providing requirements for deposit and investment of |
| 43 | charter school funds; requiring a school district to |
| 44 | provide administrative and educational services to a |
| 45 | charter school; providing parent rights for school |
| 46 | enrollment; authorizing the commission to establish a |
| 47 | direct-support organization that meets certain |
| 48 | requirements; authorizing the commission and charter |
| 49 | schools to provide certain insurance; providing for the |
| 50 | application of waiver of sovereign immunity provisions; |
| 51 | requiring public access to information for making informed |
| 52 | decisions; requiring annual reporting by the commission |
| 53 | and the adoption of rules by the State Board of Education; |
| 54 | providing a severability clause; providing an effective |
| 55 | date. |
| 56 |
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| 57 | Be It Enacted by the Legislature of the State of Florida: |
| 58 |
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| 59 | Section 1. Section 1002.337, Florida Statutes, is created |
| 60 | to read: |
| 61 | 1002.337 Make the Grade Initiative; School Grade |
| 62 | Improvement Commission.-- |
| 63 | (1) SHORT TITLE.--This section may be cited as the "Make |
| 64 | the Grade Initiative." |
| 65 | (2) FINDINGS.--The Legislature finds that: |
| 66 | (a) Special assistance for Florida's public school |
| 67 | districts is essential to improve public schools that are found |
| 68 | by the state to be chronically failing so that the schools will |
| 69 | "make the grade" and ensure that all students have access to a |
| 70 | high-quality public education. |
| 71 | (b) Charter schools are a critical component in the |
| 72 | state's efforts to provide by law for a uniform, efficient, |
| 73 | safe, secure, and high-quality system of free public schools. |
| 74 | (c) The growth of charter schools in the state has |
| 75 | contributed to enhanced student performance, greater efficiency, |
| 76 | and the improvement of all public schools. |
| 77 | (d) A student should not be compelled, against the wishes |
| 78 | of the student's parent, to remain in a public school that is |
| 79 | found by the state to be chronically failing. |
| 80 | (e) Parents of students in chronically failing schools |
| 81 | should have the choice to send their children to a successful |
| 82 | charter school in the same facility or in a nearby facility. |
| 83 | (f) School districts would benefit from an initiative |
| 84 | dedicated to improving school performance through the |
| 85 | establishment of charter schools that will succeed in the most |
| 86 | challenging circumstances. |
| 87 | (3) SCHOOL GRADE IMPROVEMENT COMMISSION.-- |
| 88 | (a) The School Grade Improvement Commission is established |
| 89 | as an independent, state-level commission under the supervision |
| 90 | of the State Board of Education. The commission shall work in |
| 91 | collaboration with school districts, the Department of |
| 92 | Education, and the State Board of Education to: |
| 93 | 1. Support innovative charter schools when invited to do |
| 94 | so by a school district to ensure that all of Florida's students |
| 95 | have access to a high-quality education. |
| 96 | 2. Develop and support remedial charter schools as an |
| 97 | alternative to public schools that are found by the state to be |
| 98 | chronically failing. |
| 99 | (b) Funds necessary to establish and operate the |
| 100 | commission shall come from an existing administrative fee |
| 101 | available to charter school sponsors, private contributions, |
| 102 | federal funds, institutional grants through the Grants and |
| 103 | Donations Trust Fund and the Federal Grants Trust Fund housed |
| 104 | within the department, and other eligible sources. The |
| 105 | department shall assist in securing federal and other |
| 106 | institutional grant funds to establish the commission. |
| 107 | (c) The commission shall be appointed by the State Board |
| 108 | of Education and shall be composed of three appointees |
| 109 | recommended by the Governor, two appointees recommended by the |
| 110 | President of the Senate, and two appointees recommended by the |
| 111 | Speaker of the House of Representatives. The Governor, the |
| 112 | President of the Senate, and the Speaker of the House of |
| 113 | Representatives shall each recommend a list of at least two |
| 114 | nominees for each appointment to the commission. The |
| 115 | appointments shall be made as soon as feasible but no later than |
| 116 | September 1, 2009. Each member of the commission shall serve a |
| 117 | 3-year term; however, for the purpose of providing staggered |
| 118 | terms, of the initial appointments, two members shall be |
| 119 | appointed to 1-year terms, two members shall be appointed to 2- |
| 120 | year terms, and the three members recommended by the Governor |
| 121 | shall be appointed to 3-year terms. Thereafter, each appointee |
| 122 | shall serve a 3-year term unless the State Board of Education, |
| 123 | after review, extends the appointment. If a vacancy occurs on |
| 124 | the commission, it shall be filled by the State Board of |
| 125 | Education from a recommendation by the appropriate authority |
| 126 | according to the procedure set forth in this paragraph. The |
| 127 | members of the commission shall annually vote to appoint a chair |
| 128 | and a vice chair. Each member of the commission must hold a |
| 129 | bachelor's degree or higher, and the commission must include |
| 130 | individuals who have experience in finance, administration, law, |
| 131 | education, and school governance. |
| 132 | (d) The commission shall meet at the call of the chair or |
| 133 | upon the request of four members of the commission. Four members |
| 134 | of the commission shall constitute a quorum. Meetings may be |
| 135 | held via teleconference or other means of telecommunications as |
| 136 | the chair directs. |
| 137 | (e) The commission shall appoint an executive director who |
| 138 | shall employ staff as is necessary to perform the administrative |
| 139 | duties and responsibilities of the commission. |
| 140 | (f) The members of the commission shall not be compensated |
| 141 | for their services on the commission but may be reimbursed for |
| 142 | per diem and travel expenses pursuant to s. 112.061. |
| 143 | (4) POWERS.--The commission shall have the power to: |
| 144 | (a) Assist in the establishment of a charter school when |
| 145 | invited by a school district or when a public school receives a |
| 146 | grade of "F," pursuant to s. 1008.34, for 3 years in a 4-year |
| 147 | period. A charter school established under this section shall |
| 148 | exist as a public school within the state as a component of the |
| 149 | delivery of public education within Florida's K-20 education |
| 150 | system. |
| 151 | (b) Investigate or cause to be investigated the reasons |
| 152 | for the chronic failure of a school and isolate those variables |
| 153 | critical to the success of a remedial charter school. The |
| 154 | commission is encouraged to draw on state universities, |
| 155 | community colleges, and think tanks to assist with an |
| 156 | investigation. |
| 157 | (c) Solicit applications from charter schools, pursuant to |
| 158 | paragraph (5)(b), that are responsive to the variables critical |
| 159 | to charter school success in the particular circumstances. |
| 160 | (d) Monitor and annually review and evaluate the academic |
| 161 | and financial performance of a charter school established under |
| 162 | this section and hold the school accountable for its performance |
| 163 | pursuant to the provisions of chapter 1008. |
| 164 | (e) Actively seek, with the assistance of the department, |
| 165 | supplemental revenue from federal grant funds, institutional |
| 166 | grant funds, and philanthropic organizations. The commission |
| 167 | may, through the department's Grants and Donations Trust Fund or |
| 168 | its own direct-support organization, receive and expend gifts, |
| 169 | grants, and donations of any kind from any public or private |
| 170 | entity to carry out the purposes of this section. |
| 171 | (f) Assist charter schools established under this section |
| 172 | in negotiating and contracting with district school boards and |
| 173 | vendors. |
| 174 | (g) Develop, promote, and disseminate best practices for |
| 175 | charter schools, including high standards of accountability, in |
| 176 | order to ensure that high-quality charter schools are developed |
| 177 | and incentivized throughout the state. At a minimum, the best |
| 178 | practices shall encourage the development and replication of |
| 179 | academically and financially proven charter school programs. |
| 180 | (h) Develop, promote, and require high standards of |
| 181 | accountability for any school that is granted a charter under |
| 182 | this section. |
| 183 | (i) Review and recommend to the President of the Senate |
| 184 | and the Speaker of the House of Representatives any necessary |
| 185 | revisions to statutory requirements regarding charter schools |
| 186 | and commission activities. |
| 187 | (j) Support innovative learning opportunities, such as |
| 188 | schools specially dedicated to science and mathematics. |
| 189 | (k) Provide training for members of charter school |
| 190 | governing bodies. The training shall include, but not be limited |
| 191 | to, best practices for charter school governance, the |
| 192 | constitutional and statutory requirements relating to public |
| 193 | records and meetings, and the requirements of applicable |
| 194 | statutes and State Board of Education rules. |
| 195 | (l) Undertake such other activities as set forth in law. |
| 196 | (5) CHARTERING AUTHORITY.-- |
| 197 | (a) A district school board may invite the commission to |
| 198 | establish a remedial or innovative charter school within the |
| 199 | geographic boundaries of the school district by adopting a |
| 200 | district school board resolution and submitting the resolution |
| 201 | to the State Board of Education for approval. The district |
| 202 | school board and the commission may agree to reasonable terms |
| 203 | for the use of existing school facilities and equipment by the |
| 204 | charter school. |
| 205 | 2. The commission may establish a remedial charter school |
| 206 | within the school zone designated by the district school board |
| 207 | the prior year for a school receiving a grade of "F," pursuant |
| 208 | to s. 1008.34, for 3 years in a 4-year period. The commission |
| 209 | shall provide at least 60 days' notice to the district school |
| 210 | board of its intent to establish a remedial charter school. The |
| 211 | district school board shall provide a financial audit of the |
| 212 | failing school in accordance with s. 218.39, accounting for all |
| 213 | sources of revenue and direct and indirect costs, within 45 days |
| 214 | after receiving the notice. At the commission's request, the |
| 215 | district school board shall agree to reasonable terms for the |
| 216 | use of school facilities and equipment by the charter school. If |
| 217 | the Commissioner of Education determines that a dispute over use |
| 218 | of facilities and equipment cannot be settled through mediation, |
| 219 | the parties shall submit to binding arbitration under the rules |
| 220 | of the American Arbitration Association and split the |
| 221 | arbitration fees. |
| 222 | (b) With the approval of the commission and upon consent |
| 223 | of the district school board, an existing charter school may |
| 224 | submit an application to the commission if the obligations of |
| 225 | its charter contract with the district school board will expire |
| 226 | prior to entering into a new charter contract with the |
| 227 | commission. A district school board may agree to rescind or |
| 228 | waive the obligations of a current charter contract to allow an |
| 229 | application to be submitted by an existing charter school |
| 230 | pursuant to this paragraph. A charter school that changes |
| 231 | sponsors pursuant to this paragraph shall be allowed to continue |
| 232 | the use of all facilities, equipment, and other assets it owned |
| 233 | or leased prior to the expiration or rescission of its charter |
| 234 | contract with the district school board. |
| 235 | (c)1. For those schools identified in paragraphs (a) and |
| 236 | (b), a charter school applicant may submit an application to the |
| 237 | commission according to an application schedule set by the |
| 238 | commission. The opportunity to establish such a charter school |
| 239 | shall be a privilege and not a right of the charter school |
| 240 | applicant. |
| 241 | 2. Charter school applications submitted to the commission |
| 242 | shall be subject to the requirements set forth in s. 1002.33(6). |
| 243 | The commission shall receive and review all applications for |
| 244 | eligible charter schools according to the provisions for review |
| 245 | of charter school applications under s. 1002.33(6)(b) and any |
| 246 | application review criteria identified by the commission as |
| 247 | important to charter school success under the circumstances. The |
| 248 | criteria shall be disclosed to applicants prior to the |
| 249 | application deadline and shall have an educational purpose. |
| 250 | (6) CHARTER SCHOOL CONTRACT AND OPERATION.--The provisions |
| 251 | of s. 1002.33(7)-(12), (14), (16), (18), and (19) shall apply to |
| 252 | the commission and charter schools established under this |
| 253 | section, and the school districts shall serve and fund the |
| 254 | charter schools like any other charter school, except that: |
| 255 | (a) The charter contract shall be a three-party contract, |
| 256 | including the school district, the commission, and the school. |
| 257 | (b) The charter contract must incorporate requirements |
| 258 | relevant to the site proposed for a remedial or innovative |
| 259 | charter school intended to achieve important educational |
| 260 | purposes, as required by the commission and according to rules |
| 261 | adopted by the State Board of Education. |
| 262 | (c) The startup of a charter school established under this |
| 263 | section shall be according to the timeline established jointly |
| 264 | by the commission and district school board. |
| 265 | (d) The initial term of a charter contract shall be for 10 |
| 266 | years. At the end of 10 years and every 5 years thereafter, a |
| 267 | district school board may present a plan and apply to the State |
| 268 | Board of Education to assume full control of the charter school |
| 269 | without material modification to the obligations and duties |
| 270 | under the charter contract and to any employee, real estate, |
| 271 | financing, or other agreement. Any such assignment does not |
| 272 | entitle teachers and staff to modify their employment agreements |
| 273 | except as set forth in the agreements. According to its rules, |
| 274 | the State Board of Education shall grant the application if it |
| 275 | finds that the district school board's plan will enable it to |
| 276 | supervise and operate the school in a manner likely to ensure |
| 277 | that the school will continue to receive a school grade of "B" |
| 278 | or higher. |
| 279 | (e) An employee of a charter school established under this |
| 280 | section shall be an "eligible employee" within the meaning of s. |
| 281 | 121.4501(2)(f). The commission may decide whether the employees |
| 282 | of a charter school established under this section may |
| 283 | participate in the Florida Retirement System. |
| 284 | (f) All charter schools established under this section |
| 285 | shall be graded pursuant to s. 1008.34. |
| 286 | (7) TERMINATION OR NONRENEWAL.-- |
| 287 | (a) The charter contract of a school established under |
| 288 | this section that receives a school grade of "D" for 3 years in |
| 289 | a 5-year period or a school grade of "F" for 2 years in a 4-year |
| 290 | period shall automatically be terminated. |
| 291 | (b) For a charter school established under this section |
| 292 | that receives a school grade of "D" for 3 years in a 5-year |
| 293 | period, the commission shall solicit new applications to assume |
| 294 | the charter contract after investigating the reasons for the |
| 295 | poor performance and tailoring the application criteria to the |
| 296 | remedial needs. |
| 297 | (c) For a charter school established under this section |
| 298 | that receives a school grade of "F" for 2 years in a 4-year |
| 299 | period, the State Board of Education may, pursuant to rule, |
| 300 | direct the commission to undertake the process outlined in |
| 301 | paragraph (b), invite the district school board to submit a plan |
| 302 | to operate and supervise the school in a manner enabling the |
| 303 | school to maintain a grade of "B" or higher, or take such |
| 304 | actions as are authorized in s. 1008.33. |
| 305 | (8) FUNDING.-- |
| 306 | (a) The provisions of s. 1002.33(17) shall apply to a |
| 307 | charter school established under this section, with the school |
| 308 | district providing the funding to the charter school as it |
| 309 | provides to any other charter school. In addition, a charter |
| 310 | school established under this section may receive: |
| 311 | 1. Funding from the commission's direct-support |
| 312 | organization on such terms and conditions as decided upon by the |
| 313 | commission. |
| 314 | 2. Any additional resources available under s. |
| 315 | 1008.33(2)(a). |
| 316 | 3. State and federal funds and institutional grants |
| 317 | through the Grants and Donations Trust Fund, the Federal Grants |
| 318 | Trust Fund, and other eligible sources. |
| 319 | 4. An amount equal to 0.75 mills of the amount collected |
| 320 | under s. 199.133(1) if the charter school receives a school |
| 321 | grade of "A" or "B" for at least 2 consecutive years. |
| 322 | (b) The school district shall receive all but 1 percent of |
| 323 | the administrative fee provided for in s. 1002.33(20)(a), except |
| 324 | as otherwise agreed to between the commission and school |
| 325 | district, up to 5 percent. The remainder of the administrative |
| 326 | fee shall belong to the commission. |
| 327 | (c) Money payable to the commission shall be deposited in |
| 328 | an approved depository as provided by law. Each bank receiving |
| 329 | any school money as provided in this subsection must make a |
| 330 | receipt for same. For purposes of s. 1011.18(2)-(6), the |
| 331 | commission shall have the same rights and duties as district |
| 332 | schools and district school boards, its chair shall have the |
| 333 | same rights and duties as the district school board's chair, its |
| 334 | vice chair shall have the same rights and duties as the district |
| 335 | school board's vice chair, and its executive director shall have |
| 336 | the same rights and duties as the district school |
| 337 | superintendent. |
| 338 | (9) SERVICES.--The school district shall provide the |
| 339 | administrative and educational services to a charter school |
| 340 | established under this section as outlined in s. 1002.33(20), |
| 341 | except as otherwise agreed to between the commission and school |
| 342 | district with the approval of the department. A charter school |
| 343 | established under this section may appeal disputes relating to |
| 344 | the provision of these services by the school district to the |
| 345 | commission, which shall make a recommendation to the |
| 346 | Commissioner of Education, following the same appeal procedure |
| 347 | set forth in s. 1002.33(6)(f) for the Charter School Appeal |
| 348 | Commission. |
| 349 | (10) PARENT RIGHTS.--A parent whose child is enrolled at a |
| 350 | school that is found by the state to be chronically failing may |
| 351 | enroll his or her child in another district school of his or her |
| 352 | choice or in a remedial charter school. A parent does not have |
| 353 | an entitlement under state law to free transportation to the |
| 354 | charter school unless it is located in the same building as the |
| 355 | chronically failing school. |
| 356 | (11) DIRECT-SUPPORT ORGANIZATION.-- |
| 357 | (a) The commission may establish a direct-support |
| 358 | organization, which shall: |
| 359 | 1. Be a corporation not for profit that is incorporated |
| 360 | under the provisions of chapter 617 and approved by the |
| 361 | Department of State. |
| 362 | 2. Be organized and operated exclusively to receive, hold, |
| 363 | invest, and administer property and to make expenditures to or |
| 364 | for the benefit of the commission and its powers and duties |
| 365 | relating to charter schools. |
| 366 | 3. Be governed by a board of directors appointed by the |
| 367 | Commissioner of Education and include representation from |
| 368 | business, industry, and other components of the state's economy. |
| 369 | 4. Provide equal employment opportunities to all persons, |
| 370 | regardless of race, color, national origin, sex, age, or |
| 371 | religion. |
| 372 | 5. Be subject to an annual financial audit in accordance |
| 373 | with s. 215.981. |
| 374 | (b) The commission may permit the use of property, |
| 375 | facilities, and personal services by the direct-support |
| 376 | organization, subject to rules adopted by the State Board of |
| 377 | Education to ensure effective oversight. |
| 378 | (12) INSURANCE.--The commission and charter schools |
| 379 | established by the commission may enter into risk management and |
| 380 | self-insurance programs or purchase liability insurance for |
| 381 | whatever coverage they may choose, or to have any combination |
| 382 | thereof, in anticipation of any claim or judgment for which they |
| 383 | may be liable, as approved by the commission. |
| 384 | (13) LIABILITY.--For the purposes of tort liability, the |
| 385 | governing bodies and employees of the commission, charter |
| 386 | schools, and direct-support organization established under this |
| 387 | section shall be governed by s. 768.28. |
| 388 | (14) ACCESS TO INFORMATION.--The commission shall provide |
| 389 | maximum access to information to all parents in the state. It |
| 390 | shall maintain information systems, including, but not limited |
| 391 | to, a user-friendly Internet website, that will provide |
| 392 | information and data necessary for parents to make informed |
| 393 | decisions. At a minimum, the commission must provide parents |
| 394 | with information on its accountability standards, links to |
| 395 | charter schools established under this section throughout the |
| 396 | state, and public education programs available in the state. |
| 397 | (15) ANNUAL REPORT.--Each year, the chair of the |
| 398 | commission shall appear before the State Board of Education and |
| 399 | submit a report regarding the academic performance and fiscal |
| 400 | responsibility of charter schools established under this |
| 401 | section. |
| 402 | (16) IMPLEMENTATION.--The State Board of Education shall |
| 403 | adopt rules pursuant to ss. 120.536(1) and 120.54 that have been |
| 404 | approved by the commission and are necessary to facilitate the |
| 405 | implementation of this section. |
| 406 | Section 2. If any provision of this act or the application |
| 407 | thereof to any person or circumstance is held invalid, the |
| 408 | invalidity shall not affect other provisions or applications of |
| 409 | the act which can be given effect without the invalid provision |
| 410 | or application, and to this end the provisions of this act are |
| 411 | declared severable. |
| 412 | Section 3. This act shall take effect July 1, 2009. |