Florida Senate - 2011 SB 1596
By Senator Sobel
31-01166-11 20111596__
1 A bill to be entitled
2 An act relating to charter schools; amending s.
3 1002.33, F.S.; providing a requirement for the
4 composition of a charter school’s governing body;
5 conforming cross-references; providing for the shared
6 use of facilities by charter schools; providing
7 requirements for the transfer of enrolled students to
8 certain charter schools; providing conditions that
9 render a charter school ineligible for state
10 implementation grant funds; providing capacity
11 restrictions; amending s. 1002.345, F.S.; conforming
12 cross-references; providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Paragraphs (j) through (o) of subsection (9) of
17 section 1002.33, Florida Statutes, are redesignated as
18 paragraphs (k) through (p), respectively, present paragraph (p)
19 is redesignated as paragraph (q) and amended, a new paragraph
20 (j) is added to that subsection, subsection (23) is amended,
21 subsection (26) is renumbered as subsection (27), and a new
22 subsection (26) is added to that section, to read:
23 1002.33 Charter schools.—
24 (9) CHARTER SCHOOL REQUIREMENTS.—
25 (j) The majority of the members of the charter school’s
26 governing body shall reside in the school district in which the
27 charter school is located.
28 (q)(p) The director and a representative of the governing
29 body of a graded charter school that has submitted a school
30 improvement plan or has been placed on probation under paragraph
31 (p) (o) shall appear before the sponsor or the sponsor’s staff
32 at least once a year to present information regarding the
33 corrective strategies that are being implemented by the school
34 pursuant to the school improvement plan. The sponsor shall
35 communicate at the meeting, and in writing to the director, the
36 services provided to the school to help the school address its
37 deficiencies.
38 (23) ANALYSIS OF CHARTER SCHOOL PERFORMANCE.—Upon receipt
39 of the annual report required by paragraph (9)(l)(k), the
40 Department of Education shall provide to the State Board of
41 Education, the Commissioner of Education, the Governor, the
42 President of the Senate, and the Speaker of the House of
43 Representatives an analysis and comparison of the overall
44 performance of charter school students, to include all students
45 whose scores are counted as part of the statewide assessment
46 program, versus comparable public school students in the
47 district as determined by the statewide assessment program
48 currently administered in the school district, and other
49 assessments administered pursuant to s. 1008.22(3).
50 (26) SHARED USE OF FACILITIES BY CHARTER SCHOOLS.—
51 (a) A charter school may not transfer an enrolled student
52 to another charter school having a separate Master School
53 Identification Number (MSID) without first obtaining the written
54 approval of the student’s parent.
55 (b) A charter school is ineligible for state implementation
56 grant funds during any period of time during which it:
57 1. Shares an educational facility with an existing charter
58 school having a separate Master School Identification Number
59 (MSID) and serving students in any of the grades offered by that
60 charter school; or
61 2. Shares administrative, instructional, or support staff
62 with another charter school having a separate Master School
63 Identification Number (MSID) and operating within the same
64 educational facility.
65
66 If a charter school has received state implementation grant
67 funds and subsequently becomes ineligible for such funds
68 pursuant to this paragraph, the charter school must return to
69 the state the prorated amount of such funds for any period of
70 ineligibility.
71 (c) If more than one charter school having separate Master
72 School Identification Numbers (MSIDs) is operated at an
73 educational facility, the combined student enrollment of those
74 charter schools and their combined projected student enrollments
75 may not exceed the capacity approved by building officials
76 having jurisdiction over the educational facility.
77 Section 2. Paragraph (d) of subsection (1) and paragraph
78 (b) of subsection (2) of section 1002.345, Florida Statutes, are
79 amended to read:
80 1002.345 Determination of deteriorating financial
81 conditions and financial emergencies for charter schools and
82 charter technical career centers.—This section applies to
83 charter schools operating pursuant to s. 1002.33 and to charter
84 technical career centers operating pursuant to s. 1002.34.
85 (1) EXPEDITED REVIEW; REQUIREMENTS.—
86 (d) The governing board shall include the corrective action
87 plan and the status of its implementation in the annual progress
88 report to the sponsor which is required pursuant to s.
89 1002.33(9)(l)(k) or s. 1002.34(14).
90 (2) FINANCIAL EMERGENCY; REQUIREMENTS.—
91 (b) The governing board shall include the financial
92 recovery plan and the status of its implementation in the annual
93 progress report to the sponsor which is required under s.
94 1002.33(9)(l)(k) or s. 1002.34(14).
95 Section 3. This act shall take effect July 1, 2011.