Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for SB 790
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/12/2014           .                                

    1         Senate Amendment (with title amendment)
    3         Delete lines 194 - 250
    4  and insert:
    5         Section 2. Paragraph (b) of subsection (17) and paragraph
    6  (a) of subsection (20) of section 1002.33, Florida Statutes, are
    7  amended to read:
    8         1002.33 Charter schools.—
    9         (17) FUNDING.—Students enrolled in a charter school,
   10  regardless of the sponsorship, shall be funded as if they are in
   11  a basic program or a special program, the same as students
   12  enrolled in other public schools in the school district. Funding
   13  for a charter lab school shall be as provided in s. 1002.32.
   14         (b) The basis for the agreement for funding students
   15  enrolled in a charter school shall be the sum of the school
   16  district’s operating funds from the Florida Education Finance
   17  Program as provided in s. 1011.62 and the General Appropriations
   18  Act, including gross state and local funds, discretionary
   19  lottery funds, and funds from the school district’s current
   20  operating discretionary millage levy; divided by total funded
   21  weighted full-time equivalent students in the school district;
   22  multiplied by the weighted full-time equivalent students for the
   23  charter school. Charter schools whose students or programs meet
   24  the eligibility criteria in law are shall be entitled to their
   25  proportionate share of categorical program funds included in the
   26  total funds available in the Florida Education Finance Program
   27  by the Legislature, including transportation and the Florida
   28  digital classrooms allocation. Total funding for each charter
   29  school shall be recalculated during the year to reflect the
   30  revised calculations under the Florida Education Finance Program
   31  by the state and the actual weighted full-time equivalent
   32  students reported by the charter school during the full-time
   33  equivalent student survey periods designated by the Commissioner
   34  of Education.
   35         (20) SERVICES.—
   36         (a)1. A sponsor shall provide certain administrative and
   37  educational services to charter schools. These services shall
   38  include contract management services; full-time equivalent and
   39  data reporting services; exceptional student education
   40  administration services; services related to eligibility and
   41  reporting duties required to ensure that school lunch services
   42  under the federal lunch program, consistent with the needs of
   43  the charter school, are provided by the school district at the
   44  request of the charter school, that any funds due to the charter
   45  school under the federal lunch program be paid to the charter
   46  school as soon as the charter school begins serving food under
   47  the federal lunch program, and that the charter school is paid
   48  at the same time and in the same manner under the federal lunch
   49  program as other public schools serviced by the sponsor or the
   50  school district; test administration services, including payment
   51  of the costs of state-required or district-required student
   52  assessments; processing of teacher certificate data services;
   53  and information services, including equal access to student
   54  information systems that are used by public schools in the
   55  district in which the charter school is located. Student
   56  performance data for each student in a charter school,
   57  including, but not limited to, FCAT scores, standardized test
   58  scores, previous public school student report cards, and student
   59  performance measures, shall be provided by the sponsor to a
   60  charter school in the same manner provided to other public
   61  schools in the district.
   62         2. A total administrative fee for the provision of such
   63  services shall be calculated based upon up to 5 percent of the
   64  available funds defined in paragraph (17)(b) for all students,
   65  except that when 75 percent or more of the students enrolled in
   66  the charter school are exceptional students as defined in s.
   67  1003.01(3), the 5 percent of those available funds shall be
   68  calculated based on unweighted full-time equivalent students.
   69  However, a sponsor may only withhold up to a 5-percent
   70  administrative fee for enrollment for up to and including 250
   71  students. For charter schools with a population of 251 or more
   72  students, the difference between the total administrative fee
   73  calculation and the amount of the administrative fee withheld
   74  may only be used for capital outlay purposes specified in s.
   75  1013.62(2).
   76         3. For high-performing charter schools, as defined in ch.
   77  2011-232, a sponsor may withhold a total administrative fee of
   78  up to 2 percent for enrollment up to and including 250 students
   79  per school.
   80         4. In addition, a sponsor may withhold only up to a 5
   81  percent administrative fee for enrollment for up to and
   82  including 500 students within a system of charter schools which
   83  meets all of the following:
   84         a. Includes both conversion charter schools and
   85  nonconversion charter schools;
   86         b. Has all schools located in the same county;
   87         c. Has a total enrollment exceeding the total enrollment of
   88  at least one school district in the state;
   89         d. Has the same governing board; and
   90         e. Does not contract with a for-profit service provider for
   91  management of school operations.
   92         5. The difference between the total administrative fee
   93  calculation and the amount of the administrative fee withheld
   94  pursuant to subparagraph 4. may be used for instructional and
   95  administrative purposes as well as for capital outlay purposes
   96  specified in s. 1013.62(2).
   97         6. For a high-performing charter school system that also
   98  meets the requirements in subparagraph 4., a sponsor may
   99  withhold a 2-percent administrative fee for enrollments up to
  100  and including 500 students per system.
  101         7. Sponsors shall not charge charter schools any additional
  102  fees or surcharges for administrative and educational services
  103  in addition to the maximum 5-percent administrative fee withheld
  104  pursuant to this paragraph.
  105         8. The sponsor of a virtual charter school may withhold a
  106  fee of up to 5 percent. The funds shall be used to cover the
  107  cost of services provided under subparagraph 1. and
  108  implementation of for the school district’s digital classrooms
  109  plan pursuant to s. 1011.62 local instructional improvement
  110  system pursuant to s. 1006.281 or other technological tools that
  111  are required to access electronic and digital instructional
  112  materials.
  113         Section 3. Paragraph (e) of subsection (1) of section
  114  1002.45, Florida Statutes, is amended to read:
  115         1002.45 Virtual instruction programs.—
  116         (1) PROGRAM.—
  117         (e) Each school district shall:
  118         1. Provide to the department by October 1, 2011, and by
  119  each October 1 thereafter, a copy of each contract and the
  120  amounts paid per unweighted full-time equivalent student for
  121  services procured pursuant to subparagraphs (c)1. and 2.
  122         2. Expend the difference in funds provided for a student
  123  participating in the school district virtual instruction program
  124  pursuant to subsection (7) and the price paid for contracted
  125  services procured pursuant to subparagraphs (c)1. and 2. for
  126  implementation of the school district’s digital classrooms plan
  127  pursuant to s. 1011.62 the district’s local instructional
  128  improvement system pursuant to s. 1006.281 or other
  129  technological tools that are required to access electronic and
  130  digital instructional materials.
  131         3. At the end of each fiscal year, but no later than
  132  September 1, report to the department an itemized list of the
  133  technological tools purchased with these funds.
  134         Section 4. Section 1006.281, Florida Statutes, is repealed.
  135         Section 5. Section 1006.282, Florida Statutes, is repealed.
  136         Section 6. Paragraph (b) of subsection (3) of section
  137  1006.38, Florida Statutes, is amended:
  138         1006.38 Duties, responsibilities, and requirements of
  139  instructional materials publishers and manufacturers.—This
  140  section applies to both the state and district approval
  141  processes. Publishers and manufacturers of instructional
  142  materials, or their representatives, shall:
  143         (3) Submit, at a time designated in s. 1006.33, the
  144  following information:
  145         (b) Evidence that the publisher or manufacturer has
  146  provided materials that address the performance standards
  147  provided for in s. 1001.03(1) and that can be accessed through
  148  the school district’s digital classrooms plan local
  149  instructional improvement system and a variety of electronic,
  150  digital, and mobile devices.
  151         Section 7. Paragraph (d) of subsection (2) of section
  152  1011.71, Florida Statutes, is amended to read:
  153         1011.71 District school tax.—
  154         (2) In addition to the maximum millage levy as provided in
  155  subsection (1), each school board may levy not more than 1.5
  156  mills against the taxable value for school purposes for district
  157  schools, including charter schools at the discretion of the
  158  school board, to fund:
  159  (d) The purchase, lease-purchase, or lease of new and
  160  replacement equipment; computer hardware, including electronic
  161  hardware and other hardware devices necessary for gaining access
  162  to or enhancing the use of electronic content and resources or
  163  to facilitate the access to and the use of a school district’s
  164  digital classrooms plan pursuant to s. 1011.62 electronic
  165  learning management system pursuant to s. 1006.281, excluding
  166  software other than the operating system necessary to operate
  167  the hardware or device; and enterprise resource software
  168  applications that are classified as capital assets in accordance
  169  with definitions of the Governmental Accounting Standards Board,
  170  have a useful life of at least 5 years, and are used to support
  171  districtwide administration or state-mandated reporting
  172  requirements.
  174  ================= T I T L E  A M E N D M E N T ================
  175  And the title is amended as follows:
  176         Delete lines 34 - 39
  177  and insert:
  178         provisions to changes made by the act; amending s.
  179         1002.45, F.S.; conforming provisions to changes made
  180         by the act; repealing s. 1006.281, F.S., relating to
  181         local instructional improvement systems; repealing s.
  182         1006.282, F.S., relating to a pilot program for the
  183         transition to electronic and digital instructional
  184         materials; amending ss. 1006.38 and 1011.71, F.S.;
  185         conforming provisions to changes made by the act;
  186         creating s.